Dangerous Driving

Conor McGinn Excerpts

Monday 8th July 2019 Westminster Hall

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Moon. I compliment my hon. Friend the Member for Warrington North (Helen Jones) for her excellent introduction and the work that she has obviously put into the debate. I pay tribute to other hon. Members who have contributed.

I praise the three people who have made the debate happen: Rebecca and Glenn, who are present in the Chamber, and Violet-Grace, whose tragic and senseless death is the reason for it. I praise everyone who has signed the petition, and I praise the St Helens Star and the whole St. Helen’s community for supporting Rebecca and Glenn’s tireless work to get their e-petition signed, to get the debate and to prevent something similar from happening in future.

Rebecca and Glenn are asking for the law to be changed and for a sentence that fits the crime: “Life sentences for Death by Dangerous Driving”, as the petition states. That will hopefully deter others from reckless driving, so that what happened to Violet-Grace does not happen to another child—or, if it does, so that those responsible receive a sentence that fits the crime they have committed and that gives them the time necessary to reflect, to be rehabilitated, and to have proper regard for, consideration of and understanding of their actions.

The law must be improved for victims and survivors. In the case that we are discussing, the defendant’s barrister objected to the parents reading out their full impact statement and argued that the defendants would find it too upsetting. The judge accepted that, so the CPS barrister gave the parents a copy of the victim impact statement with the parts that they could not read out in open court highlighted. The whole purpose of the victim impact statement is the impact on the victims and the survivors, not the defendant. Guidance should be given to the judiciary that the overriding consideration is for the victim and their family, not whether the impact statement may upset the defendant.

We are asking for a sentence that fits the crime. Violet-Grace was a beautiful, angelic-looking four-year-old child. Some hon. Members may find the following upsetting—my family have not been able to say it or hear it. On Friday 24 March, she was simply walking home from pre-school and calling on her aunty and her four-year-old cousin with her nan. Her nan had lifted her up to carry her safely across the road, but had not put a foot on the road when she was struck by a stolen vehicle, which had been recklessly driven at 83 miles per hour in a 30-mile zone before it collided and mounted the pavement.

The stolen car that struck them was fitted with false numberplates and had a cloned key. The driver had no licence or insurance. The Independent Police Complaints Commission later reported that there had been complaints about the car being driven dangerously since noon that day. The driver and his passenger then fled the scene, running over Violet-Grace, who had been thrown 50 yards away. The passenger ran back to the car, stepping over the child again, to retrieve a bag that he needed. The whole incident was witnessed by her four-year-old cousin.

A fireman working in the area heard the noise and saw two young men running at speed. He ran to the main road, found the scene and Violet-Grace, and worked with a local dentist to resuscitate her. The driver fled the country and travelled to Amsterdam to “clear his head” by getting some weed. He then fled to Alicante.

Glenn Youen received a phone call at work to tell him to get to Whiston Hospital urgently. Rebecca, who was working in Warrington Hospital, received a similar call. She set off driving—sobbing—and spotted a parked police car. She got out, banged on the window and pleaded for help, so the police took her under blue light to Whiston Hospital. Violet-Grace’s injuries were horrific, and it was essential to move her to Alder Hey Children’s Hospital. Rebecca and Glenn were told that she could not survive her injuries. They knew her as a loving, caring child, always wanting to help others. They courageously decided to donate her organs to help to save other young children’s lives. They say that that is what Violet-Grace would have wanted.

It was suggested that Rebecca get into bed with Violet-Grace, but she was reluctant to do so with all the tubes and equipment around her. She was persuaded to do so. She prayed and pleaded, “Please breathe, please breathe.”

Violet-Grace passed away with the local priest, Father Tom Neylon, saying prayers around her. He checked the time: it was 11.58 pm on 25 March. He said, “Ah, today is the day that the angel Gabriel came down to tell Mary she is to have a baby called Jesus.” The family wept. Violet-Grace was the angel Gabriel in her school’s nativity play. She was so pleased, and she used to dance around singing, “I’m the boss of the angels, I’m the boss of the angels.” Her kidney and pancreas were donated to save the lives of two other young children.

Nan, a nurse who trained at Great Ormond Street Hospital, suffered numerous injuries and was in a critical condition. It was a miracle that she survived, but she had life-changing injuries. Grandad, a university lecturer, has had to retire to take care of her—all that while the driver was in Amsterdam clearing his head.

Earlier, I said that all we are asking for is a sentence that fits the crime that has been committed. The two men responsible for Violet-Grace’s death will serve less time in prison than she was alive—less than four and a half years. In fact, by pleading guilty, and with good behaviour, the driver might be out even sooner. I ask everyone here today, is that truly a sentence that fits the crime that was committed? I believe that most, if not all, of us would say no. Clearly, the 164,632 people who signed the petition would agree.

[Conor McGinn (St Helens North) (Lab)]

I thank my hon. Friend and constituency neighbour for her work on this issue. I reiterate what she says about the Youen family. As well as our sympathy and solidarity, and the outpouring of love for the family from our community in Warrington, Wigan and across Merseyside and the whole north-west, there is a deep sense of anger about how they have been treated and a determination to make sure no other family is ever treated like that.

[Ms Rimmer]

I thank my hon. Friend for saying that.

The current laws on sentencing for dangerous driving are simply not good enough. We need to equip our judges with sentencing guidelines that enable them to provide that key tenet of our judicial system: justice. The Youens actually praised the judge and said his hands were tied. I am sure some will say, “What constitutes dangerous driving? What if I sneeze and lose control of my vehicle? Will I now face those increased sentences?” My simple answer is no. We are talking about giving judges the option through Sentencing Council guidelines to issue a higher sentence where they deem it to be just. A judge will consider all the evidence provided to them and pass a sentence appropriate to the crime committed, whether it be the minimum or the maximum sentence in the guidelines, as with any other crime. I and many others are arguing that the maximum sentence that a judge can issue for dangerous driving is far too low.

For gross negligence manslaughter, judges have the option to issue life as the maximum sentence, with a range of sentencing options below it—one to 18 years. I do not see why dangerous driving should have a lower maximum sentence than gross negligence manslaughter. Both involve a disregard for the lives of others, and as we see too often, both can lead to the death of innocent people. An individual’s direct, reckless and callous actions can lead to the death of another. Stealing a car and driving 83 mph in a 30 mph zone can cause life-changing injuries, and the suffering and death of an innocent four-year-old child. How can we not give our judges the option to deliver a sentence at least on a par with gross negligence manslaughter for dangerous driving?

Another issue that I wish to raise on behalf of Rebecca and Glenn, and that I believe falls within the scope of this debate, is concurrent sentencing. Rebecca, Glenn and many others think it is unacceptable that criminals can serve two sentences at the same time. They describe it as “buy one, get one free”. The crux of this issue is that the current legal system does not adequately explain to victims what is happening, and thus it does not appear to be delivering the justice it is supposed to deliver.

Prisons and Probation

Conor McGinn Excerpts

Tuesday 14th May 2019 Commons Chamber

[Mohammad Yasin (Bedford) (Lab)]

It is a pleasure to follow the hon. Member for Chelmsford (Vicky Ford). In September, HMP Bedford became the fourth jail in a year to be issued an urgent notification. The prison has the highest rate of assaults in the country. Prison officers may not be allowed to strike under the law, but they are certainly protesting with their feet. So bad are the recruitment and retention problems in our prisons that, at HMP Bedford alone, some 77% of prison officers have less than one year of service. The cuts that led to the loss of about 10% of prison officers have resulted in an increase in violence of more than 250%. How can a Government who claim to be concerned about the level of violence in our prisons continue to fail to do their basic legal duty to protect staff and to ensure a safe working environment?

Prison officers do not go into work to be attacked and the courts do not send people to prison to be assaulted. The level of self-harm and drug addiction and suicide and reoffending rates among prisoners have reached record levels. The public expect prisoners to be rehabilitated and reformed so that, when they come out, they are not a danger to society. How can that happen when conditions are so poor?

The decline in HMP Bedford since 2010 is set out in the shocking inspection reports that led to the urgent notification last year. I am committed to building on the positive relationship that I have with the staff and management at the prison, who I know are working hard and doing their best in challenging circumstances.

[Conor McGinn (St Helens North) (Lab)]

It might surprise the House to know that I have spent some time in HMP Bedford—I hasten to add, not at Her Majesty’s pleasure but as the director of a charity that worked with prisoners and their families. My hon. Friend talks about the dedication of the staff at the prison and one thing that struck me was the role of the prison chaplaincy there. Chaplains of all faiths and denominations do an incredible amount of work not just in the establishment in his constituency but across the country. I am sure he, and I hope the Minister, would like to acknowledge that and ensure that they get support to play the hugely positive role they can play in rehabilitating those serving sentences.

[Mohammad Yasin]

My hon. Friend makes an important point. Last year when I visited Bedford prison I noticed that and I am pleased with the service they have there.

The management at HMP Bedford are working really hard under challenging circumstances, but I remain concerned that the publicly run prison is deliberately being run into the ground and deprived of adequate funding. Meanwhile, money is being used to build the new super-size prison just down the road in Wellingborough, which will be handed straight to the private sector. Questions remain unanswered as to why the MOJ banned the public sector from bidding for that new prison, yet it is happy to hold a competition involving the failed prison privateer G4S and the recently collapsed private provider Interserve. Statistics show that private prisons are disproportionately more violent, dangerous and overcrowded than their public sector counterparts. If that is the Government’s response to the overcrowding and violence crisis in our prisons, it has already failed.

The Government’s refusal to publish the HMPPS estate and transformation team’s report into whether the public sector should be allowed to operate new build prisons has led to deep suspicion. If the Government admit that the public sector is the benchmark, why is it shut out of the bidding process? Marketisation has utterly failed in the prison and probation service and public safety has been compromised. It is time for the Government to listen to frontline workers who know exactly how to turn things around. The Government must end the two-tier workforce for pay, conditions and professional standards in the probation and prison service.

Short Prison Sentences

Conor McGinn Excerpts

Tuesday 29th January 2019 Westminster Hall

[Chris Evans]

I absolutely agree. From the contributions that we have had so far, the tone of the debate makes me think that we are going to produce something that will inspire confidence. I welcome all the interventions we have had so far; it has been good. The hon. Gentleman is right. Coming from a small country like Wales, I find it amazing that we have the highest prison population in western Europe.

I have always been supportive of the UK’s prison system taking a rehabilitative approach with offenders, rather than a punitive one. Rehabilitation is proven in successfully reducing reoffending rates, far more than a punitive system does. All we need to do is to look to prison systems in countries such as Norway and Finland to see that rehabilitating and educating offenders massively reduces rates of crime, and to the US and Russia to see that punishment does not.

People being imprisoned in England and Wales are mostly being convicted of non-violent, petty crimes. Many of these offenders have other issues, such as alcohol, drugs or their mental health. Sending those people to prison for a few months will not help them, and nor will it help wider society. The Ministry of Justice has published research in the past which confirms the fact that offenders given short-term prison sentences were associated with significantly higher proven reoffending than those given a community order or suspended sentence.

To reduce reoffending by those with substance abuse or mental health issues, treatment programmes would be far more beneficial than imprisonment. For younger offenders engaging in petty crime, perhaps educational workshops would be better. As the chair of the all-party parliamentary group on boxing I have been researching and learning about the benefits of sport and boxing in reducing and deterring criminal behaviour and keeping young people on the straight and narrow. It is definitely an avenue that the Government should consider exploring. However, despite a review from Rosie Meek about the benefits of sports, boxing and martial arts in prisons, the Government have yet to act on the recommendations. I want to ask the Minister whether I and a delegation from the all-party group could come to discuss her report with him.

[Conor McGinn (St Helens North) (Lab)]

My hon. Friend is making a considered speech, and I wholeheartedly agree with it. We both represent working-class communities that believe in being tough on crime and its causes. Does he agree that the Government could do much more to support projects such as the Wildcard boxing academy in my community, which keeps young people in places such as St Helens out of the criminal justice system in the first place?

[Chris Evans]

When it comes to boxing there is evidence. I could cite a huge number of champions, from both sides of the Atlantic—some famous examples—who found themselves in trouble and used boxing to turn themselves around, because of the discipline that the sport taught them. The Government need to take those ideas on board, and provide support for boxing clubs, which tend to be at the bottom of the pile when money is handed out in community grants.

Parole Board and Victim Support

Conor McGinn Excerpts

Tuesday 9th January 2018 Commons Chamber

[Mr Gauke]

My hon. Friend has made an important point about the need for women to feel safe, and we must ensure that the system provides that reassurance.

[Conor McGinn (St Helens North) (Lab)]

The appalling release of this dangerous man has heightened the anxiety of my constituent Marie McCourt that her daughter Helen’s killer might be released in similar circumstances. Can the Secretary of State assure me that the review will look at parole guidelines and criteria on the release of convicted murderers who refuse to disclose the location of their victims’ remains? Incidentally, his Department promised to do that two years ago.

[Mr Gauke]

I will look at that case and, if I may, respond to the hon. Gentleman subsequently in greater detail.

Oral Answers to Questions

Conor McGinn Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Lidington]

I or one of my ministerial team will be happy to discuss the case further. The hon. Lady will appreciate that we need to understand all the detail before we make any public comment.

[Conor McGinn (St Helens North) (Lab)]

On a point of order, Mr Speaker.

[Mr Speaker]

I believe that the point of order flows directly from questions. I will take it if it is dealt with very briefly.

[Conor McGinn]

Mr Speaker, you will be aware of my campaign to introduce Helen’s law. On 14 September, I wrote to the Justice Secretary, asking him to meet Marie McCourt, Helen’s mother, and victims’ families about this issue. Having not received a reply two months later, I tabled a parliamentary question to ask when that meeting was likely to happen. That parliamentary question was answered on 1 December and said that the correspondence had been sent to my office on 16 November. After a trawl of my correspondence, I found that none such had been received. Having contacted the Ministry of Justice, it transpired that, in fact, none had been sent because it was still waiting on ministerial approval. What does that say about the Government’s attitude to the families of victims who have suffered so grievously? Can you advise me, Mr Speaker—

[Mr Speaker]

Order. I am grateful to the hon. Gentleman. I can certainly give him two pieces of advice. First, a very important matter though this is, it does not flow from this oral questions session, as I had, perhaps wrongly, understood it to do. Secondly, may I offer the hon. Gentleman a tip, which he could learn from many a senior hand in this place? If what the hon. Gentleman described happens again, he should table a question to the Minister—

[Conor McGinn]

I did.

[Mr Speaker]

Let me finish. The hon. Gentleman should table a question to the Minister, demanding to know when that which was promised will be delivered. [Interruption.] The hon. Gentleman is gesticulating from a sedentary position to give the impression that that is precisely what he did. If he still did not get a response, as he should have done, my advice is that persistence pays; he should just keep going until he gets there. Alternatively, he should approach the Minister’s office and seek a meeting. This is a very unsatisfactory state of affairs. However, knowing the Secretary of State for Justice as I do, I know that he is polite to a fault. Therefore, the error will have been inadvertent. It is extremely incompetent, but no further time of the House should be taken up today. I suggest that the hon. Gentleman and the Secretary of State meet, but I readily acknowledge to the hon. Gentleman that the situation is most unsatisfactory.

Dangerous Driving involving Death: Sentencing

Conor McGinn Excerpts

Tuesday 17th October 2017 Westminster Hall

[Kevin Brennan]

Yes I do, as a matter of fact, and I extend my sympathies to my hon. Friend and her constituents in relation to that tragic case. The case I will try to develop in my argument is that it is not enough just to get parity of sentence. We need to look at what sentences are being handed out and why, and whether justice is being served by the system, whatever ultimate maximum tariff the Government decide is appropriate for this offence.

The details of this case are pertinent. As hon. Members know, the maximum sentence for death by dangerous driving has been raised in recent years to 14 years in custody. I note that in its guidelines, the Sentencing Council characterises a level 1 conviction for causing death by dangerous driving as

“a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others.”

Given that Sophie was deliberately and persistently chased through the streets of Cardiff and forced off the road in a way that ultimately led to her death, it seems to me that a level 1 sentence would have to apply in this case. However, although the starting point for a level 1 conviction is eight years in custody, Wheeler was sentenced to seven and a half years, which is just over half the maximum sentence available. My constituent Jackie Taylor’s understanding is that the guidelines available to the judge did not allow for the maximum sentence to be given, despite the obvious aggressive and aggravating factors in this particular case.

The Justice Secretary said in reply to a letter that I sent to him about this case that the courts must follow sentencing guidelines

“unless it is not in the interest of justice to do so”.

That leads to an obvious question: how could it be in the interests of justice to opt for a shorter sentence in a case such as the one that I have outlined? The sentence following Sophie Taylor’s death poses questions about the current frequency and circumstances of use of the maximum sentence that are particularly timely, given the Government’s announcement that they intend to increase the maximum sentence from 14 years to life in cases of death by dangerous driving.

The first issue is how often the maximum sentence is used. In my previous correspondence on the matter with the Justice Secretary, I asked how many maximum sentences for causing death by dangerous driving had been handed out in recent years. I noted that the Government press release yesterday containing the announcement on the maximum sentence said that 157 people were sentenced in 2016 for causing death by dangerous driving. In his response to the question I asked in my letter, the Justice Secretary—it is not like him not to respond to my direct question—simply said that the maximum sentence was rarely used. When the Minister responds, can he give us that figure? I looked carefully at the Government’s press release to see whether it was there, but it was not.

I say gently to him that such sensitive matters should be carefully proofread. The final point of the notes to editors in the press release says:

“The government will give further consideration to increasing minimum driving bans for those convicted of causing serious death.”

I know that that is an error, but an error so crass is not really acceptable in something so sensitive.

[Conor McGinn (St Helens North) (Lab)]

My hon. Friend is getting to the fundamental point. This week, Merseyside Road Safety Partnership announced a strategy to reduce road deaths dramatically by 2020, but I am sure he will agree that preventive measures are useful and good only if those who cause death by dangerous driving know that they will be dealt with harshly by the law.

[Kevin Brennan]

Justice should be served by the right sentence being given for the offence. There should also be an anticipation that offenders are likely to be caught and justice served upon them. My hon. Friend is absolutely right: if that is not clear, such offences will continue.

I hope that the Minister can at least give us that figure. The public are entitled to know. When my constituent, Jackie Taylor, read the Justice Secretary’s response, she said:

“I note that the right hon. David Lidington, CBE, MP mentions about the government in consultation on driving offences and penalties relating to causing death and serious injury, possibly increasing to life imprisonment. This will only deem as a deterrent, not deal with the offence committed. If 14 years has never been passed down to any individual for this charge, why would life imprisonment ever be used? If the Sentencing Council control what the judges can serve, and are recommending low guidelines in the criteria that the judges work with, then what difference would it make if it’s life?”

That is a reasonable question for my constituent, as a victim of this crime, to pose to the Government. I hope that the Minister can deal with it in his response to this debate.

Obviously, I am interested in how often the maximum sentence is given, as the Government’s consultation showed that 70% of respondents did not feel that the current maximum of 14 years was long enough. The Minister will understand that if the sentence of 14 years is hardly ever used, it raises the question how a new increased maximum would be used and why it was found to be necessary. Have the Government estimated how often they estimate the new maximum sentence is likely to be given, based on current experience and their consultation? Likewise, what effect does he think the new maximum will have on the average sentence for causing death by dangerous driving? If there is no answer to those questions, the obvious next question is what is the point of the proposed change.

In 2015, with a maximum sentence of 14 years, the average custodial sentence length was 57.1 months. Is it projected, as the Government anticipated, that that will increase in line with the new maximum? The second issue is the circumstances in which the maximum penalty is used. Maximum sentences and sentences of a similarly lengthy duration are rightly reserved for the most heinous crimes. I have outlined the horrible circumstances of my constituent’s death. Given that Wheeler was sentenced to just over half the maximum time in custody, the victim’s mother’s question is what someone would have to do for the maximum sentence for causing death by dangerous driving to be available, if it was not available in this case. How will that change as the Government change the maximum sentence?

As I mentioned, my constituent understands that the sentencing guidelines prevented the judge from giving Wheeler the maximum sentence; indeed, it was reduced by six months from the eight-year starting point. Sophie’s mother is concerned about how the sentencing guidelines operate. What assessment has the Minister made of how accountable the Sentencing Council is? I know that it is independent, but it should still be accountable for how it draws up its guidelines.