Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 5th February 2013

(11 years, 3 months ago)

Commons Chamber
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Jeremy Wright Portrait Jeremy Wright
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My hon. Friend knows how I hate to disagree with him, but he needs to recognise that we are replacing IPP sentences with measures that are just as tough and a lot more effective. The truth is that if someone is convicted of offences of a very serious nature, the judge has the option of passing the ultimate indeterminate sentence—a life sentence—if that is merited. We are therefore taking measures to protect the public. We are replacing an ineffective sentencing regime with a much more effective one.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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As the Minister progresses his plans for probation services, what consultations has he had with the devolved Administration? When did he last meet the Justice Minister in the Northern Ireland Assembly, and were probation services on the agenda?

Chris Grayling Portrait Chris Grayling
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I last met the Northern Ireland Justice Minister about 10 days ago and am meeting him again tomorrow. No doubt probation services will be one thing we discuss.

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 13th November 2012

(11 years, 6 months ago)

Commons Chamber
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Helen Grant Portrait Mrs Grant
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Yes, I agree completely with my hon. Friend. Our reforms have put the criminal injuries compensation scheme on to a sustainable footing, which will enable future generations of victims to benefit.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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Will the Minister tell the House what consultations on the matter of the reform of the criminal injuries compensation scheme were held with the devolved Administrations?

Helen Grant Portrait Mrs Grant
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We talked to them as a matter of routine. I will write to the hon. Gentleman with further details.

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 3rd July 2012

(11 years, 10 months ago)

Commons Chamber
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Lord Clarke of Nottingham Portrait Mr Clarke
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I agree entirely with my hon. Friend. We addressed that during our chairmanship of the Council of Europe. We had a conference at Brighton of all 47 member states and produced the Brighton declaration. Our considerable achievement there was not very widely reported because, not surprisingly, the media regarded it as a footnote to the Abu Qatada case which was in the newspapers at the time. Forty-seven countries agreed that we should have a greater margin of appreciation, to use the jargon, and that more regard should be paid to those decisions of the courts of nation states which had obviously addressed their obligations under the convention. That will have a considerable impact on future cases.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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Is it not long overdue that the Government move to ensure that the courts of the United Kingdom, rather than the European Court, have supremacy in the area of human rights, including protection of Christian liberties and freedoms?

Lord Clarke of Nottingham Portrait Mr Clarke
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We are taken to the Court much less than other members and we lose only about 2%. Sometimes that 2% includes cases where there is widespread support here for the decision, such as the holding of DNA and other information belonging to people who have never been convicted of a criminal offence, which was a recent judgment. The convention still has a very important role to play across Europe. It is hugely significant in the 47 member states and it enables standards to be applied in places all the way from Russia, Turkey and Azerbaijan across to us and Iceland. We have always been subject to the rule of law. We have always bound ourselves under the convention to accept the judgments. These are the standards that we all agreed upon after the second world war, which were not challenged in this country till 10 or 15 years ago, when some judgments here began to annoy sections of the media.

Defamation Bill

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 12th June 2012

(11 years, 11 months ago)

Commons Chamber
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Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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I must say at the outset that I agree with the Secretary of State’s point that introducing law fit for the 21st century in this subject area is not straightforward. I think we would all say a hearty “Hear, hear” to that. It is not straightforward and it is right that this House should start to tackle it. I also believe that we should ensure that our defamation laws are not subject to abuse by those who bring forward trivial matters to block proper freedom of speech and freedom of expression on very important issues.

Like some Members, however, I am concerned by clause 1, which introduces the serious harm test. We should recognise that no matter how we cut this, a serious harm test will raise the bar for bringing a claim so that any case involving serious harm to the reputation of an individual can be brought only once serious harm is clearly established. That raises the bar for many people.

I asked an eminent lawyer in Belfast about that particular issue. Paul Tweed is the author of a seminal book called “Privacy and Libel Law” and practises in three jurisdictions. I asked him about that specific point and his answer was quite chilling. He said that

“anything short of being called an axe-murderer probably falls short of the requirement”.

We should therefore seriously consider the serious harm test, because it will have significant consequences not for people of reputation but for ordinary people who will have to consider very carefully whether to invoke the law to protect themselves.

Mark Twain wryly observed:

“There are laws to protect the freedom of the press’s speech, but none that are worth anything to protect the people from the press.”

We should enact laws that actually protect people, but the press has become so powerful across the United Kingdom that ordinary people feel that they have no protection when they are smeared or slimed by the media, which has all too often been the case. We regularly see the withdrawal of a statement or a front-page story resulting not in a front-page apology but in a postage stamp of an apology beside the advertisements. Many ordinary folk feel that that is grossly unfair.

This law could have the effect of creating even greater freedom for the press. The general public find it more difficult to secure access to justice at present and I am concerned that we should ensure that access to justice is liberated and that people feel that they can use the courts to protect them when they are under attack.

Let me quote again from the letter I received from Paul Tweed, the solicitor in Belfast. He said:

“As a media lawyer of more than thirty years standing, and practising in three jurisdictions from offices in London, Belfast and Dublin, I can testify that it is now becoming almost impossible for a Claimant without substantial financial means to contemplate a libel action. Even before the introduction of any new legislation, the financial odds are stacked heavily against the ordinary man”

and they will not go to court.

Before changing our defamation laws, the Government should consider other matters. They should, for example, consider our privacy laws and try to clarify, consolidate and codify them. The press has the modus operandi that they can publish and be damned, knowing that many individuals are too intimidated to take, or financially deterred from taking, legal action, leaving their reputation sullied and scarred by the further accusation, “Sure, if it’s not true, sue them.” If people cannot afford to take legal action or are too intimidated by the prospect of going to court, the scar is all the deeper.

Not only should we codify our privacy laws, but we should have statutory regulation of the press. That should be considered in tandem with these changes to defamation law. This should be done completely, not piecemeal, as was suggested. The Press Complaints Commission has been a complete failure for individuals, whether people have an inflated reputation or otherwise. Ofcom has demonstrated that it can regulate slightly better than the PCC. The broadcast media generally are more responsible, as a result of the robust stance of Ofcom, not of the media.

Internet service providers operate in jurisdictions where they are immune from prosecution, so many ISPs are moving their activities to the United States of America, where they can publish whatever the heck they want and get away with it in the full knowledge that they will not be sued and that they cannot be touched. That breaches our law and undermines the rule of law in this country. We need some sort of cross-jurisdictional approach that allows us to approach our American neighbours and create a pact that prevents such abuse of our laws.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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When my hon. Friend speaks about the scar that people can endure through defamation, does he realise that that scar can be so deep for some people that they are driven to suicide?

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 13th March 2012

(12 years, 2 months ago)

Commons Chamber
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Lord Clarke of Nottingham Portrait Mr Clarke
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I am glad to know that my hon. Friend is, as ever, on the side of moderation—he suggests not necessarily leaving or remaining, but temporarily withdrawing, which is obviously in his opinion the middle path. I am awaiting the advice of the independent commission that we have appointed, which I have not interfered with at all, and which is seeking to get to some conclusions. I am also awaiting the results of negotiations with 47 other countries that are signatories to the European convention on human rights.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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Does the Justice Secretary agree that, no matter how much sympathy we have for the personal suffering of our fellow men and women, only Parliament can change the law of murder and permit someone to take their own life by their own hand or to be assisted in doing so by doctors or others?

Lord Clarke of Nottingham Portrait Mr Clarke
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That is rather relevant to a case that is currently being heard and I do not think I can possibly comment on it. I await with interest the judgment, as the case has been allowed to be taken to the High Court of Justice.

Investigation of Suicides

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 13th March 2012

(12 years, 2 months ago)

Westminster Hall
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Madeleine Moon Portrait Mrs Madeleine Moon (Bridgend) (Lab)
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It is with delight that I appear before you, Mr Crausby, as I know that you take a particular interest in this matter. This debate has been prompted by my role as chair of the all-party parliamentary group on suicide and self-harm prevention, and is based on the testimonies that I have heard from families bereaved by suicide. I will raise two key issues in the short time that I have. The first involves how police officers interact with bereaved families, and the second involves how suicides are investigated, most notably where the internet may be a factor. I will make eight clear requests for change, which I ask the Minister to consider.

Suicide is a tragedy for the individual who takes their own life, and it brings long-term distress for the family and friends left behind. For every suicide, six people close to the person who died—in England and Wales, that means 30,000 people each year—will experience a deep sense of grief. Families bereaved by suicide inevitably find themselves in direct contact with the authorities. In many cases, a knock at the door by a police officer informs them of what has happened.

Families touched by suicide can suffer a greater stigma than is attached to other forms of death, and they may avoid reaching out for support. They are vulnerable. As the Government’s draft suicide prevention strategy notes, family members are approximately two and a half times more likely to take their own life after the suicide of a close relative.

At a recent meeting of the all-party group, we considered bereavement. Many spoke about their initial contact with the authorities. I will share one statement:

“The police who dealt with my son immediately following his death were, as I would have expected, matter-of-fact but kind and sympathetic to the family. I can’t imagine how difficult it must be for them to have to deal with a family like ours who are expressing a mixture of utter shock, bewilderment, hysteria, and sheer terror when a family member takes their own life. It happened late in the evening, and by the time the police had left around midnight, it was dark and cold and trying to get children to sleep, let alone ourselves, was impossible.

The following day, another policeman arrived to take statements. He again did his job well and with sympathy. However, I found the whole event very distressing, and it would have been very helpful if someone had been there—a trained counsellor—to help us through this process, to offer some comfort and attempt to give us some level of understanding as to what had just happened. As it was there was no one. No one gave us the ‘Help is at Hand’ booklet, no one gave us any numbers to call. Nothing.”

I recommend that the Minister read the work of Dr Sharon McDonnell, or at least that one of his team read it. She is at the university of Manchester and has researched how health professionals and police officers interact with bereaved families. For her PhD, she interviewed bereaved families, finding that eight out of nine participants informed by the police reported feeling distressed, traumatised and angry at how they had been informed. Dr McDonnell is seeking funding for further research in the area. I urge the Minister to discuss not only the changes that she has identified as necessary but how we can move forward and ensure that we change families’ experience.

None of the families with whom I have had contact ever received a copy of “Help is at Hand”. I would be interested to know whether the Minister is aware of the booklet to which I refer. It is a Department of Health document offering advice for those bereaved by suicide or other traumatic deaths. It includes contacts for support groups and covers practical matters such as the inquest procedure and methods for dealing with grief. Sadly, that invaluable resource is being wasted through patchy distribution and a lack of awareness.

Last year, when I took part in the police service parliamentary scheme with South Wales police, I was already aware of the expertise of officers across my constituency on the issue, and I take this opportunity to commend them. However, away from Bridgend, I was concerned by the lack of guidance that individual officers appeared to receive on how to deal with families and media inquiries. It left me wondering whether standard guidance and training for police officers exist or whether it is left to chance.

In the first instance, investigations of a death are steered by the murder investigation manual, which is employed for investigation into unexplained deaths. After criminality has been ruled out, the manual no longer applies. Apparently, it is left to local forces to produce their own guidance on investigating non-suspicious deaths.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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I congratulate the hon. Lady on securing this debate on an important issue. On police investigations, is it not important that suicide should never be presumed but that a finding must be based on evidence? For a family, suicide is a traumatic experience. Police must therefore eliminate all other possibilities in their investigations.

Madeleine Moon Portrait Mrs Moon
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It is vital that the police conduct a full inquiry, but they must be aware of the sensitivity of the issue and the risks associated if the inquiry presses too much on possible family engagement or involvement in the death. I will address that later in my speech, but I thank the hon. Gentleman for his intervention.

Once a suicide has been determined, it is important that the police reconnect with families to ensure that they are not left feeling that they have caused or been implicated in their relative’s death. Families have expressed a feeling of being on trial, and that feeling can resurface, particularly during the coronial process. They feel that they carry some guilt and responsibility for the death. That is the cause of the risk of trauma.

The House of Commons Library undertook research on my behalf into what guidance is available to police forces, but it drew a significant blank. Although I plan to meet the lead on the issue from the Association of Chief Police Officers, will the Minister examine how advice and guidance can be issued by the Home Office to bring consistency to the investigations carried out by police forces after a death has been recognised as suicide? Will he examine the training provided to police officers on the difficult role that they play in breaking the traumatic news of a death to families, the sensitivity of gathering information to further their inquiries and the need to provide support and information to the bereaved? In particular, will he ensure that all front-line police officers are made aware of “Help is at Hand” and that families access it as a matter of course?

Families have also suggested that, in the event of a suicide, an immediate response plan should be put in place, bringing them into contact with someone with professional training to help them through the first few days and weeks and to give practical advice. As the first responders, the police often seem to be the trigger for generating such support. In addition, families propose that, in the first few days after a suicide, local agencies should work together to share information, agree lines of communication and ensure that lessons are learned. I can tell the Minister that it happens in my constituency, where it works extremely well and is very effective.

Australia leads the world on police and media communications after suicide. The all-party group heard from Professor Jane Pirkis, a leading expert in suicide research from Australia, about a programme called Mindframe designed to equip police officers with the necessary skills for dealing with the media. Officers are issued with a small card to keep in their wallet offering advice about appropriate language to use and how best to deal with media inquiries. It also highlights information to be passed to families, localised to individual police forces, about local and national support services. It is simple, but it ensures a high level of consistency, which we also need to achieve. Will the Minister look at Mindframe, with a view to adapting something similar for use by police forces in England and Wales?

Not only are the police often the first agency to be involved in a suicide, but police officers are more likely to have contact with people who are distressed and may go on to take their own lives. It is estimated that as many people see a police officer in the three months before their death as see a mental health professional in the 12 months before their death. Police officers are often the authority figures with whom the suicidal are in contact before their death; they are in contact with them more often than with any other professional. Will the Minister consider how police training can be used to build awareness of suicidal behaviour, so that officers are better equipped to recognise those at risk?

Social media such as Bebo and Facebook create an additional burden for bereaved families. Photographs posted on personal sites can often be accessed by journalists. I cannot begin to say how many families I have spoken to have been distressed when they saw photographs of their relative—often photographs that they have never seen before—printed without their knowledge or permission, often on the front page of a local newspaper. A few years ago, I worked with the Home Office to provide a simple telephone contact for each social network provider for police media teams to use to close access to individual sites. Will the Minister look at that again to ensure that police forces are aware of the process and that families can be advised of that service?

My second area of concern is about the investigation of suicides, in particular where the internet may have been a factor. In the past year, I have been contacted by several bereaved families, the majority of them parents who have lost a child. The communications follow a similar pattern. In the aftermath of a suicide, it becomes apparent that the individual may have used the internet to access information on the means and methods to take their own life. They may also have been offered encouragement to do so via internet sites. In all the cases brought to me, the police have decided not to investigate the individual’s computer. The reasons are varied, including the Regulation of Investigatory Powers Act 2000, general privacy issues, time and money—the latter becoming a growing issue as police forces face budget constraints.

Without investigation, what may amount to criminal incitement to suicide is going undetected and unchallenged. Papyrus, a suicide prevention charity that works with bereaved families, is aware of 50 cases in which the internet played a significant part in a suicide. If the police do not routinely investigate websites explored by individuals before their suicides, we will never know the real scale of the problem or what the most dangerous websites are. If the police are unwilling to investigate, surely the full facts are not being presented to the coroner. We need national guidelines for such investigations and we need police forces to investigate computers and internet use as a matter of course where there is a suspected or known suicide. Will the Minister examine the 2000 Act to see whether any aspect of the Act is seen by police forces as a prevention to further investigation of computers? Will he issue clear guidance to police forces to ensure that, at the least, the history of internet use before death is examined and notified to the coroner? That is a small task, and for an expert it takes a matter of minutes. However, most families cannot do that for themselves.

I wish to end by thanking the many police officers who have been given the awful task of investigating suicides and who have been given the even worse task of notifying the families of those who have died. In securing this debate, I have aimed to bring greater clarity and consistency for police officers and families alike. We ask a difficult task of our police officers: to be able to go on dangerous streets, to tackle violent crime and drugs, and to be able to deal with people in a high state of distress and trauma. It is important that they are given the guidance and training to do so, and I look forward to hearing from the Minister.

Not-for-profit Advice Sector

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 6th March 2012

(12 years, 2 months ago)

Westminster Hall
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Yvonne Fovargue Portrait Yvonne Fovargue
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Were I a cynic, I might agree with my hon. Friend. Only a few weeks ago, in this very Chamber, the Minister of State, Department for Work and Pensions, the right hon. Member for Epsom and Ewell (Chris Grayling), mentioned that the backlog was of almost nine or 10 months, which will certainly not be the case if people do not have access to appeals any more.

I welcome the announcement by the Chief Secretary to the Treasury that there will be more money for advice, but I am a pragmatist and have worked for an advice agency, so the bottom line is when, how much and what for—without answers to those questions, my welcome cannot be too great. As my hon. Friend the Member for Chesterfield (Toby Perkins) said, is it a coincidence that the funding will be removed at the same time as the need for advice will increase? What assessment has been made of the need for specialist advice in the period of change? Finally, has the Minister—I know it is not his area—discussed with his colleagues when the advice review is due to be published? I thought it would be essential to publish the results of the advice review before the decisions are made on the removal of legal aid from advice agencies.

I welcome the vote in the other place that people should have access to legal services that meet their needs effectively. Citizens Advice and other advice agencies have been offering such services for more than 70 years, which are as vital now as they were then.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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Advice services such as Citizens Advice have expressed concerns about the effect of the Bill. Citizens Advice stated that

“what’s left…of legal aid will be…unworkable for too many advice providers.”

Is that the opinion of the hon. Lady as well?

Yvonne Fovargue Portrait Yvonne Fovargue
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It is, because of what is known as a critical mass in the area. We should not forget that advice agencies have already suffered an unplanned 10% cut in the rates of such cases this year. To remove legal aid completely would be to destabilise; for the small amount of work left in scope, it might not be worth employing an adviser—in fact, an adviser could not be afforded.

I have always believed that a thriving advice sector contributes to a healthy society with fairness and access to justice for all at its heart. The changes to legal aid rip the heart out of the advice sector and will leave the vulnerable lost and alone, knocking at the doors of cash-starved local authorities and of MPs’ surgeries. The changes are not only heartless but economically unsound.

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 31st January 2012

(12 years, 3 months ago)

Commons Chamber
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Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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Many innocent victims of crime feel isolated and dissatisfied at the end of the justice process. Will the Secretary of State assure me that protection of, and justice for, the victim will be fundamental to the reformed criminal justice system?

Lord Clarke of Nottingham Portrait Mr Clarke
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I hope that I can assure the hon. Gentleman and that he will have the opportunity to study the consultation document I published yesterday. I concede that there has been a steady process of improvement over the years, compared with the situation not too long ago, when victims were regarded simply as people who had to come to court if they were needed, but we still have not gone far enough. We must ensure that the experience of being in court does not add to a victim’s suffering, that all proper support is given to those who have been badly and lastingly affected by what has happened to them and that there is a proper system of compensation. The object of the criminal justice service must be to give proper service to the victims of crime.

Policing (North Wales)

Lord McCrea of Magherafelt and Cookstown Excerpts
Tuesday 31st January 2012

(12 years, 3 months ago)

Westminster Hall
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Susan Elan Jones Portrait Susan Elan Jones
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I agree totally with my hon. Friend and share his concern about the impact in Wrexham county borough.

If the Government know how police chiefs can keep all their people and premises on 20% less money, with a rising population and fewer back-office resources, I hope that the Minister will tell us. North Wales police knows its own organisation’s needs better than anyone, and it has made it clear that it cannot keep all its officers under the budget cut. Our excellent chief constable Mark Polin made his position perfectly clear, saying:

“If I am going to keep the organisation in balance, we are going to have to lose a significant number of staff…I have no wish to reduce any of our staff, but I have got to. I have no choice whatsoever”.

No choice whatsoever—Ministers know that that is true. Now is the time for them to stop passing the buck and take responsibility for the chaos that they have created.

North Wales’ policing needs will be hit particularly hard because of the rural nature of our area and the loss, on top of the 20% budget cut, of the payment that used to be awarded to help cope with that. One hidden change brought in alongside the headline cuts to budgets is the merging of the rural police grant into the core settlement. It is effectively being abolished for police forces such as North Wales, which used to benefit from it directly.

Our rural communities have specific policing needs, and the rural grant was introduced by the Labour Government to address them. A sparse and scattered population cannot be policed in the same way as an urban centre. Police have to cover huge distances, incurring extra costs in fuel or infrastructure such as buildings that urban police forces need not budget for. That is why the Home Office’s police allocation formula working group considered and rejected the recommendation that the rural grant should be rolled in with other categories of grant and effectively lost. Again, however, that expert opinion was ignored, and north Wales will have to do without.

Why does it matter? Let me give an example. Last year, part of my constituency suffered some worrying arson-related attacks on cars. That kind of crime requires exactly the same kinds of police resources in a rural village as it would if it happened in an inner-city area, but rural police are spread more thinly and need to travel further to reach the trouble when it happens. No amount of so-called efficiency savings can mitigate the geography, unless Ministers would like all of my constituents and others in north Wales to relocate together to one place in order to make things easier. The Countryside Alliance rightly makes the point that the proposed levels of police cuts would be “a free-for-all” for those who would commit crime in the countryside.

I am delighted to see the Labour-led Welsh Government fund an additional 500 community support officers across Wales, but the loss of the rural police grant is a double whammy for us. The official figures show that vehicle crime is up in north Wales by 84% over the past year—from about 130 incidents in November 2010 to 250 in November 2011. Burglary and other crimes, including theft, shoplifting, criminal damage and public disorder have also increased during that time frame.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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I am sure that the hon. Lady will acknowledge that crime is a reality in every part of the United Kingdom. She mentions statistics regarding increases of burglaries and robberies in Wales, and sex crime is also an issue. Does she agree that we as Members of Parliament need to remember that behind every one of these crimes are horrifying stories of lives that have been blighted—many of them changed, never to be the same again—and that it is therefore necessary to have the police available to stop crime?

EU Criminal Policy

Lord McCrea of Magherafelt and Cookstown Excerpts
Wednesday 25th January 2012

(12 years, 3 months ago)

Commons Chamber
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Crispin Blunt Portrait Mr Blunt
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As a Justice Minister, I would be extremely unwise not to acknowledge the merits and wisdom of the recommendation of the Chairman of the Justice Committee. My right hon. Friend makes the proper point that there is an expertise in the Select Committees that should be engaged, if possible. Much of the process sits with the European Scrutiny Committee, and we are today making recommendations that the House should consider matters. I shall, of course, leave the detail of process, and the way in which the House should do that, to my right hon. Friend the Leader of the House. However, I hear what my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) says, and I acknowledge the force of his point.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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The explanatory memorandum on the European Union document acknowledges that responsibility for criminal law matters in Scotland and Northern Ireland rests with the respective Scottish Government and Northern Ireland Ministers. It then states:

“This EM has been cleared by officials in the Scottish Government and Northern Ireland.”

Will the Minister assure me that the Minister in Northern Ireland has been consulted on the matter and that he has had sight of the document before our discussions here?

Crispin Blunt Portrait Mr Blunt
- Hansard - - - Excerpts

I hope that I can return later to the hon. Gentleman’s intervention and give him a full answer.

As I said, there are some potential concerns about the detail of the principles. Ineffective implementation of a European Union policy should not in itself trigger consideration of the use of criminal law. We also agree with the European Scrutiny Committee that it is primarily for member states and their Governments to ensure that citizens can have confidence that they live in a Europe of freedom, security and justice. The European Union’s primary role should be driven by stopping serious cross-border crime.

The Government welcome the further caveats that the European Scrutiny Committee considers should be placed on the communication. The first relates to the European Union not seeking to harmonise extra-territorial provisions across member states. The Government believe that requiring member states to take extra-territorial jurisdiction must be considered on a case-by-case basis, having particular regard to the conduct to be tackled and its impact. We have accepted that it is appropriate to require member states to be able to prosecute their nationals who commit certain child sex crimes or human trafficking offences anywhere in the world. However, we have not accepted European Union rules on extra-territorial jurisdiction based on the nationality of the victim of crime.

The Government also agree with the Committee that we should be cautious about European Union criminal law that seeks to define aggravating and mitigating circumstances. We accepted some aggravating factors in the context of child sex offences or human trafficking. We consider those factors to form part of the agreed minimum sanctions, and, therefore, to be permissible.

The Government are unaware of the previous use of the term “Euro-crimes”, or, indeed, its origin. It is wholly misleading. I want to state clearly that no one will ever be prosecuted under a so-called Euro-crime. The European Union can set only the minimum elements of an offence. Each will have to be implemented in the domestic law of the member states. Hon. Members will understand why the Government view the term as singularly unhelpful. For European officials to use a shorthand internally to refer to crimes about which member states have agreed to establish minimum standards is one thing. For that term to find its way into official documents is another example of jargon that allows misrepresentation and misunderstanding.