Question time briefing: Justice

---

ePolitix.com reports on Tuesday's questions to justice ministers.

Justice secretary Jack Straw has announced proposals to "recast" controversial proposals on inquests in the Coroners and Justice Bill.

During justice questions in the Commons, Straw said that the government would table two amendments that would "tighten the criteria" for secretary of state certification, and allow a judge to determine whether a certificate was necessary.

"It will then be for the judge, and not for the secretary of State, so decide whether it is necessary to hold an inquest without a jury or whether special measures with a jury would be adequate to protect the sensitive information concerned", Straw said.

Proposals in the Bill that would permit the government to hold jury free inquests had run into significant resistance from opposition parties.

The move was welcomed by Liberal Democrat justice spokesman David Howarth.

Howarth said he hoped Straw now recognised that there was a "difference between removing a jury, and holding a hearing behind closed doors"

Shadow justice minster Henry Bellingham accused Straw of giving the Commons "inaccurate information" when he had previously argued that two inquests had to be stopped as there was not the necessary legal framework in place to allow them to proceed.

Bellingham said that justice minister Bridget Prentice had told committee that one of the inquests had re-opened on January.

Straw said he believed the inquest had re-opened at a later date, in February.

To laughter, he said would be giving his junior minister "career advice" if any incorrect information had been given.

He later acknowledged that he misspoke. He said his officials were not aware until February 19 that the inquest had been re-started on January 6, after the second reading of the Bill.

"I hope the House will regard it as a good thing, not a bad thing, that as a result of further examination being made of the circumstances in which it was originally judged that two of these inquests had to be held without a jury we have got the number down to one", he added.

Shadow justice secretary Dominic Grieve accused the government of a "robotic reliance" on databases.

He said the government had been forced to perform a u-turn on database policy in withdrawing clause 152 of the Coroners and Justice Bill.

Michael Wills denied that it was a u-turn, and said that it was a result of the "proper process of parliamentary scrutiny"

The minister argued that databases can be in the public interest if they are safely implemented.

Grieve dismissed the ministers response, and said he was "flannelling" his way around a government u-turn.

He went on to accuse the Ministry of Justice of squandering £41 million on an IT database.

He said the handling of the scheme showed that "no database can compensate for basic human errors" and the "serial incompetence" of the government when it came to data protection.

Wills said that breaches of data security were no reason to "turn our back" on the advantages that database could bring.

James Gray (Con, North Wiltshire) criticised the government for making the announcement on clause 152 in the Observer newspaper, rather than in the Commons as with the inquest proposals.

Simon Burns (Con, Chelmsford West) said that the integrity of the electoral register could only be maintained if ineligible residents were prevented from registering and voting.

Wills said that the government had taken many measures to tackle the problem, including proposals for individual voter registration.

Shadow justice minister Eleanor Laing called on Wills to "convert his new found enthusiasm into action".

She noted that there were due to be fourteen elections before individual voter registration came into force, and that 2015 was "too late".

Wills cautioned Laing against "undue haste".

He said that there was danger that bringing in individual registration too quickly could lead to significant numbers falling off the register and being disenfranchised.

Wills also said that studies by the Electoral Commission showed voter fraud was declining not increasing

Barry Sheerman (Lab, Huddersfield) raised concerns about lawyers acting as lobbyists.

Straw said it was the first time the issue had been raised with him.

He said that the Legal Services Board had been established to ensure tough regulation of the legal profession, including when alternative business models were adopted.

Julian Lewis (Con, Forest East) said it would be "bizarre" if the Lords attempted to overturn the decision of the Commons to keep MPs' home addresses secret.

Wills said the government had taken the view it was a matter for the Commons, and he was quite sure the Lords would take account of that and "behave appropriately".

Gordon Prentice (Lab, Pendle) asked why the government would not table its own amendments to the Political Parties and Elections Bill to make it "unlawful for tax exiles to bankroll political parties".

Straw said what Prentice had proposed in his own amendment would not have the consequence he sought.

He said that it would be "eccentric" to have different rules governing who could vote and stand in elections, than those governing who could give money to a political party.

Tom Brake (Lib Dem, Carshalton and Wallington) said the Federation of Small Businesses (FSB) had expressed concern that business crime was not being reported.

He said the FSB had told him that this was because businesses were not convinced that any action would be taken.

Straw accused the Liberal Democrats of inconsistency.

He said they needed to ensure "their own front bench stops asking the government to cut the prison population, when the backbenches are calling for an increase"

Shadow justice minister Edward Garnier criticised the government's end of custody licence scheme as "hopeless".

Justice minister David Hanson said the government aimed to end the scheme as "soon as practicable".

Andrew Turner (Con, Isle of Wight) said that the financial penalty for illegal parking was often higher than that for theft and criminal damage.

Straw acknowledged the problem, and said he was looking at whether theft from shops should be subject to fixed penalty notices.

George Howarth (Lab, Knowsley North and Sefton East) said that electronically generated indecent images of children were as dangerous as photographs.

Justice minister Bridget Prentice said that the government wanted to work with industry on self regulation, but that it would bring forward legislation if required.

John Robertson (Lab, Glasgow North West) called for the recent Lords decision on pleural plaques be overturned.

Straw said the government was "actively considering the next steps" following the closing of the consultation.