Safety of Prison Staff

Philip Davies Excerpts

Monday 11th July 2016 Commons Chamber

[Michael Gove]

I have an enormous amount of respect for the hon. and learned Lady. She is right that England and Wales can learn much from other jurisdictions. I would not say that Scotland has got everything right on criminal justice and penal policy, but some welcome changes are taking place in Scotland, not least with respect to the care and treatment of female offenders. I hope to have the chance to talk to leaders within the Scottish Prison Service and to visit some Scottish prisons to understand better what is working and to learn from the initiatives that are being piloted.

[Philip Davies (Shipley) (Con)]

Following that, will the Justice Secretary tell us how the number of attacks on staff in UK prisons compares with the figures for other countries? What lessons might be learned from those countries? I invite him to start by considering the punishments handed down in other countries to prisoners who attack prison staff and to extend sentences much more harshly for prisoners who attack prison staff here. I suspect that harsh sentences may lead to a decrease in attacks on prison staff.

[Michael Gove]

I am grateful to my hon. Friend, because I know that he wants to operate in a constructive fashion. I am always interested in learning from other jurisdictions. We do not collect statistics on assaults in a way that allows for an easy comparison, but we are changing how we analyse data within the Ministry of Justice and he poses a particular challenge.

I always want to be led by the evidence when shaping policy. The evidence suggests that a lack of hope or an inability to see how actions can lead to eventual redemption often contribute to frustration and violence. My hon. Friend’s point was made in a constructive fashion, and I will get back to him with evidence and comparisons to enable us to conduct this debate better.

Homicide Law Reform

Philip Davies Excerpts

Thursday 30th June 2016 Westminster Hall

[Philip Davies (Shipley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Evans, and it is a pleasure to follow two fellow members of the Justice Committee, my hon. Friends the Members for Cheltenham (Alex Chalk) and for Banbury (Victoria Prentis). I did not intend to speak in this debate, and I am sure many people would rather I did not, but I have been prompted to speak briefly.

If I am well known for anything—I am probably not well known for anything at all—it is for being a hard-liner when it comes to dealing with crime and sentencing. I despair at the shocking sentences that are given out by judges and at some of the sentencing guidelines, which do not do justice to the crimes that have been committed. It may well be that my hon. Friend the Member for Cheltenham thinks that I am instinctively opposed to his plans. I thought it worth saying that, as it happens, I am not instinctively opposed to his plans. He made a very compelling case, as anybody who knows him would expect. I would not say that I am wholly persuaded, but I still have an open mind on this particular issue. I hope that the Government will have an open mind on this issue, because it is worthy of further debate.

One of the attractions, it seems to me, of what my hon. Friend is proposing is that it may lead to some more honesty in sentencing. One of the things that really irritates people about the criminal justice system is that we have sentences that sound tough, and make politicians sound tough when they say they are going to extend life sentences for this and that, but in reality are not tough at all. Dishonesty in sentencing is one of the worst parts of our criminal justice system and brings it into disrepute. If my hon. Friend’s plans were to lead to more honesty in sentencing, that in itself would be a good thing.

[John Howell]

I appreciate what my hon. Friend is saying about sentencing. Of course, we now have the Sentencing Council and, without wishing to create a bit of a love-in for members of the Justice Committee here, we do have the power to review sentences and comment on them. Is he suggesting that we should take a harder line on those in order to get the sentencing right? I get the feeling that the judiciary are simply following our guidelines.

[Philip Davies]

My hon. Friend is another member of the Justice Committee who is more talented than me. Yes, we should concentrate more on sentencing guidelines as a Committee and as a Parliament, because these matters are of great importance to our constituents. They are the ones, at the end of the day, who feel that the law comes into disrepute with some of the sentences that are handed down. I do not think we should leave it to unelected people to determine sentencing guidelines. We should be taking a greater role in those guidelines, absolutely.

I have an open mind about what my hon. Friend the Member for Cheltenham proposes, and I hope that the Government will look at it, because I think there are some merits in what he said. I would certainly not rule out supporting some of the changes that he articulated. We should not rush into this either. There are other things that we should think about. My hon. Friend the Member for Banbury mentioned the fact that the average minimum tariff for murder had increased from 13 years to 17 years. I was not entirely sure, if she was making a point about that, whether that was a good a thing or a bad thing. Most of my constituents would say that the increase in that tariff is a good thing.

[Victoria Prentis]

Just to clarify, I was making the point that that was the reality of the situation; that sentences for murder were getting longer and that it was important for judges to have the full range of sentences open to them so that they could match the sentence to the offence.

[Philip Davies]

I am grateful to my hon. Friend for that intervention. I think most of my constituents will be pleased to know that the average length of the minimum tariff given for murder has gone up. I suspect that if I were to do a straw poll of my constituents, most of them would be shocked that the average minimum tariff for the crime of murder was so low. I suspect most people in the country would be shocked that the average minimum tariff for murder was as little as 13 years in the first place. This is one of the great disconnects that we have with the general public at large; they expect murder sentences to be much tougher than that.

One of my notes of caution, therefore, for my hon. Friend the Member for Cheltenham is that his proposal might be used as a mechanism to try to weaken sentences for murder. That would fly in the face, I suspect, of what the public want to see. If somebody’s agenda is that penalties for murder at the moment are too harsh and this is a way of weakening them, that would be a terrible development. One of my notes of caution is that this does not get hijacked for all the wrong reasons by some of the penal reform groups that seem to have a view that nobody should be sent to prison at all. That is my first note of caution.

My second note of caution, and the reason why we need to tread carefully, is that in the cases that my hon. Friend alluded to, most people would accept that somebody’s life had been taken with some form of malice aforethought. At no point should we belittle the fact that somebody has had their life taken away with malice aforethought.

[Alex Chalk]

My hon. Friend is making some very helpful and important contributions. What he says is absolutely right, but whether it is the retired colonel who goes round to his noisy neighbour or the pub thug, under my proposals they would both be convicted of second-degree murder. That would mark society’s condemnation and give the judge power to sentence.

[Philip Davies]

I agree with that point; as I said at the start, I do not necessarily disagree with my hon. Friend. It is just worth making the point that in all the cases he referred to—hypothetical or not—somebody’s life had been taken, with some degree of malice aforethought associated with that. It would be dangerous if we did not give at least some recognition to that fact when considering these things. I certainly would not ever want to get into a situation where we seem to belittle one form of murder in order to form a distinction. We need to make it clear that both are terrible offences in their own particular ways.

If what my hon. Friend envisages is, perhaps, tougher sentences for first-degree murders in order to draw a distinction, I would welcome that. I think that there are many people in the country who, as it happens, think that life should mean life when it comes to murder, as it so often does in the United States of America, but very seldom does in the United Kingdom. If that was what he had in mind, I think he will get a great deal of support. If he was trying to use this as a Trojan horse to reduce sentences for murder, I suspect he would get very little support from the public. Knowing him as I do, I do not think he has that kind of agenda; he genuinely wants to make sure that the law is fit for purpose and is not brought into disrepute. He does a fantastic job in Parliament in pursuing that agenda, both in the House and on the Justice Committee.

This is something we need to debate further; there is not a clear-cut case one way or the other. I will retain an open mind—people who know me well know that that does not happen very often. All I ask of the Government and of the official Opposition is that they also keep an open mind and discuss all the implications of any such change in the law. My hon. Friend’s case is a very good one and is certainly something that I can envisage happening at some point in the future.

Oral Answers to Questions

Philip Davies Excerpts

Tuesday 14th June 2016 Commons Chamber

[Michael Gove]

The right hon. Gentleman has made a characteristically acute point. A disproportionate number of those who find themselves in contact with the criminal justice system and subsequently in custody are children who have been in care. My right hon. Friend the Secretary of State for Education is introducing a series of reforms to enhance the quality of social work and ensure that looked-after children are better cared for, but we in the Ministry of Justice also have a responsibility. We will shortly be publishing our conclusions on the review of youth justice by Charlie Taylor, which will say more about how we can help some of our most troubled young people.

[Philip Davies (Shipley) (Con)]

In 2002, there were only 46 Polish people in our prisons; today there are 983. Back then, there were only 50 prisoners from Romania; today there are 635. The same is true of many European Union countries, particularly those in eastern Europe.

If we want to reduce the prison population, would it not be a good idea to stop free movement of people—which has become rather more like free movement of criminals—into the United Kingdom, so that these criminals do not come into the UK in the first place before being sent to prison?

[Michael Gove]

My hon. Friend has made a characteristically robust point. I am speaking from the Government Front Bench, and I must represent Government policy accurately, but I can remind Members that on 23 June people will have an opportunity to cast their votes, and pungent voices like that of my hon. Friend will, I am sure, weigh with them as they decide how to do so.

Knife Crime (Sentencing)

Philip Davies Excerpts

Wednesday 4th May 2016 Westminster Hall

[Mr Raab]

My hon. Friend is absolutely right; as usual, he hits the nail on the head. Of course, there is nothing inherently contradictory or inconsistent in saying that we want to send a very clear message from law enforcement and the criminal justice system, while also trying to do as much as we can through education and raising public awareness to prevent these awful crimes from happening in the first place—for the victims, but also for the offenders, who sometimes, through gullibility or naivety, get dragged into things that, with some education, awareness and nurturing, they could have avoided in the first place.

I want to refer to the Sentencing Council, because it is currently preparing a draft sentencing guideline on possession of knives and offensive weapons. It will be subject to full public consultation later in the year, which will provide an opportunity to inform the definitive sentencing guideline and the approach to be taken by the courts in dealing with these very serious offences. That will be another opportunity for us to consider whether we have got the balance right.

In relation to the question about gangs, having taken advice, I can confirm that if an offender is acting as a member of a gang, where two or more offenders are acting together to commit the offence, that is an aggravating factor in the sentencing guidelines and, of course, all courts must follow those guidelines. My hon. Friend the Member for Stevenage (Stephen McPartland) raised the important issue of gangs, and I am glad that I can provide some clarification about it.

The introduction of minimum sentences for offences of possession of a knife, blade or offensive weapon sends a crystal clear message: if people carry a knife, they can expect to face a custodial sentence. That message from the law enforcement community and the criminal justice system is crucial for victims, their families, the wider communities affected, the general public and those who might be tempted to break the law.

I am aware of the tragic murders by James Fairweather and the circumstances around that case. I note the interest and concern expressed by my hon. Friend the Member for Colchester. He will know that I cannot comment on individual court cases, as sentencing is a matter for the judiciary, independent of us politicians. I send my deepest personal condolences to the families of his constituents Nahid Almanea and James Attfield. I note that this is a complex case, given the mental health assessment of the perpetrator. I note in particular that four separate psychiatrists were required to give expert evidence at the trial. James Fairweather was sentenced on 29 April to detention at Her Majesty’s pleasure with a minimum term of 27 years. I also note that the critical learning report into James Fairweather’s earlier offence and referral order concluded that the subsequent murders were neither preventable nor predictable. Clearly that is zero consolation for the victims’ families, and I reaffirm that in such cases as this, we always seek to learn lessons for the future.

Tackling knife crime is an ongoing high-level priority for the Government. As my hon. Friend has already mentioned, it requires a team effort across Government and law enforcement agencies. Knife crime offences recorded by the police remain 12% lower than in 2010, but I accept that there is more to do. In February, we supported 13 police forces to undertake co-ordinated action against knife crime. That involved targeting habitual knife carriers, weapon sweeps, test purchases of knives from identified retailers and the use of surrender bins. A new week of activity was held at the end of April, with 11 police forces taking part. That is exactly the kind of preventive work that we should be doing, and we continue to attach a high priority to it.

In February, the Home Office jointly hosted a meeting with the Metropolitan Police Service and the national policing lead aimed at retailers selling knives. More than 80 retailers attended. On 23 March, the Government published the “Modern Crime Prevention Strategy”, which sets out a range of measures to strengthen our response to knife crime, including: working with the police and industry to ensure effective controls on the sale of knives and other offensive weapons; identifying and spreading best practice; and delivering measures designed to deter young people from carrying knives. As my hon. Friend the Member for Solihull (Julian Knight) called for, that will also include a ban on the sale and importation of “zombie-killer” knives, which so horrifically glamorise senseless violence.

When it comes to the sale of knives more generally, the law is clear that a retailer commits a crime if they do not take proper steps to ensure that they are not selling knives to under-18s, with the exception of smaller-bladed pocket knives. On 23 March, the Home Office agreed a set of principles with major retailers to prevent under-age sales of knives in their stores and on their websites. That point was made earlier. The Home Office will work with the British Retail Consortium to develop the principles and to encourage other retailers to sign up to them. We want retailers to buy into and be proactively engaged with them.

I am conscious of the time and, in particular, the fact that we have a vote coming up. In case others wish to contribute, I will quickly make a couple of points about the education of young people. That issue was rightly raised. We know that intervening early can stop young people becoming involved in the gang culture that fuels youth violence. On 17 November, the Early Intervention Foundation published a report setting out its research into the risks and protective factors that can lead to young people becoming involved in youth violence and gangs. It attached importance to early identification and intervention. The Home Office is working with the Department for Education to promote these messages to schools and children’s care homes, which are another important area.

I again take this opportunity to pay tribute to the vital work that my hon. Friend the Member for Colchester does at a local level in Essex with the local charity Only Cowards Carry. That is incredibly important work. A lot of that localised work is as important, if not more important, than the stuff that comes out of central Government. We have a role to play in supporting and spreading awareness of that work. There is also Charlie Taylor’s wider review of youth justice, which provides a timely opportunity to assess the causes of youth offending and how better to respond to drive down reoffending.

Ridding our streets of the scourge of knife crime will remain a high-level priority for the Government and for future Governments. We can never be remotely complacent, not even for a moment. That means educating youngsters to steer clear of knives and gangs in the first place; preventing retailers from selling knives to youngsters; targeting the police response in the most effective possible way—that, I suppose, is the role of the Ministry of Justice—and continuing to send a clear message from the criminal justice system that carrying knives will not be tolerated and that those who do are more likely than ever to be sent to prison, and to be sent to prison for longer.

Question put and agreed to.

[Philip Davies (in the Chair)]

In five minutes we are due to start the next debate. The Minister is not yet here—not unreasonably, because we are not due to start as yet. There will be a vote very shortly in the Chamber. Taking those factors into account, the sitting will be suspended until no later than 4.45 pm, after the vote has taken place. We will start back as soon as everyone else arrives. It is courteous to wait until the debate is scheduled to start, by which time there will be a vote.

Oral Answers to Questions

Philip Davies Excerpts

Tuesday 26th April 2016 Commons Chamber

[Mr Raab]

The right hon. Gentleman was absolutely right when he said last month that the Human Rights Act was not the last word on human rights. I look forward to debating the proposals with him.

The Government’s position on the European convention on human rights remains clear. We cannot rule out withdrawal forever, but our forthcoming proposals do not include it, not least because we have been clearly advised that if we withdrew from the convention while remaining a member of the European Union, that would be an open invitation to the Luxembourg Court to fill the gap, which could have far worse consequences, and also because the convention is written into the Good Friday agreement.

We are confident that we can replace the Human Rights Act with a Bill of Rights and reform our relationship with the Strasbourg Court, and that is precisely what we intend to deliver.

[Philip Davies (Shipley) (Con)]

A condition of entry for new applicants to join the European Union is that they must be signatories to the European convention on human rights. Would putting into practice the Home Secretary’s welcome announcement yesterday of what I presume is now the Government’s policy to withdraw from the convention require us to leave the European Union?

[Mr Raab]

My hon. Friend is tempting me—coaxing me, I might say—down a route that I am not going to take. I have set out the Government’s position very clearly, and our current plans, at least, do not involve withdrawing from the convention.

Police Grant Report (England and Wales)

Philip Davies Excerpts

Wednesday 10th February 2016 Commons Chamber

[Mike Penning]

Unlike the previous Labour Administration, we believe in police officers making the decisions they need to make for their communities, and we do not believe in a top-down approach. We have devolved operational policing to make sure that chief constables and the Metropolitan Police Commissioner can make operational decisions and other decisions such as how local community funding is run, whether that is though the Mayor’s office or through PCCs. I know that the Labour party opposed PCCs extensively, but it has sensibly changed its mind, not least on account of much lobbying from Labour PCCs. I shall not in any way instruct the Metropolitan Police Commissioner on how he should police in London and the Mayor will not instruct him on operational issues; those are matters for him.

What I will say is that there will be more money for policing in London than there would have been if a Labour Minister were standing at this Dispatch Box. Labour wanted to cut 10% of its funding budget—and perhaps I will come back to that later.

[Philip Davies (Shipley) (Con)]

As the Minister knows, I have opposed cuts to the policing budget every year but he has always had a good argument to put back to me by saying that crime is going down, thereby justifying the Government’s position. My local paper, the Bradford Telegraph and Argus pointed out last week that crime had gone up by 15% across the Bradford district over the course of the last year. If falling crime was a justification for a falling police grant, now that we face significant rising crime in the Bradford district, including in my constituency, does that mean by the same logic that we will get a substantial increase in the police grant?

[Mike Penning]

My hon. Friend is nothing less than determined to press his case every time, but crime has fallen, although some types of crime have increased. Reported crime, particularly sexual assaults and domestic violence, can be seen to have gone up. I am very pleased that people have the confidence to come forward now when they might not have done so in the past.

We need to look carefully at where certain types of crime are increasing. Only the other day, I met car manufacturers and asked them why we have seen such an increase in car thefts, particularly of high-value vehicles, when we had previously seen a decrease for some considerable time. We are seeing some increases in crime that were not previously included in the statistics—on fraud, for example. Under the previous Labour Administration, fraud was not reported, but it is now part of the statistics we use because it is, sadly, a crime that we face today.

It is interesting to reflect on what happened after the Chancellor announced from this Dispatch Box that we would not cut the police budget by 25%, or by 10% as the shadow Home Secretary suggested, or even in a way that some forces had said could be managed. We said that we would not cut it at all between now and 2020 in order to give the police the confidence they needed about the funding that would be available. What is particularly interesting is that the Metropolitan Police Commissioner and other chief constables did not suddenly say, “Okay then, we are not going to carry out any more reforms; we are not going ahead with them now that we have the money we need”. Rather, they said that very night that they needed to go ahead with many of the reforms that were designed to make our police forces better at detecting and convicting criminals.

Prisons and Probation

Philip Davies Excerpts

Wednesday 27th January 2016 Commons Chamber

[Mr Kenneth Clarke (Rushcliffe) (Con)]

My right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) said that some of the dire descriptions of the state of affairs in the prison system could have been given in the House several times in the past few decades. Twenty-five years ago, when I was Home Secretary, and responsible for the prison system, we had debates such as this one, and we have not made enough progress since then, I quite agree.

I am glad that my right hon. Friend the Lord Chancellor has provided a new impetus with positive new ideas, and the tone of his speech—and the tone of his speeches since he began to address the issue after, as he said, studying the subject and propounding the way he meant to go on—has been extremely reassuring. The prison system is what we are all rightly concentrating on, as that is where the problems are. I agree with what has been said: the prison system serves two purposes. One is just retribution and punishment, both for serious crime where people have deliberately decided for personal advantage to defy the law, and for people who commit dangerous and violent acts when they lose, or fail to keep, self-control.

The second principal purpose of prison is to try to reform prisoners and to try to ensure that as many of them as possible are cured of their former behaviour when they leave prison so that they find a new purpose in life and do not offend again. Every prisoner reformed means fewer crimes and fewer victims in future. I am delighted that in his approach to his task the Lord Chancellor has put rehabilitation of offenders, where offenders are prepared to take advantage of the opportunities, at the forefront of his aims.

I made speeches in the last Parliament when I was Lord Chancellor covering much of this ground, but I will not repeat any of that. Those fascinated by my ancient views can go back and read them again. My right hon. Friend has spoken about raising the standard of education in prison. Far too many prisoners do not attain any basic standards of literacy or numeracy. Raising skills levels for outside employment is important, as far too many prisoners have never had a job in their life, and we should bring yet more businesses in to join the existing excellent businesses that give proper skills training to prisoners in prison.

We need to tackle drug abuse, which remains scandalously high in prison. We must deal with mental health problems, which are the biggest single issue in raising the healthcare standards of people in prison. I agree with all of that, and I support my right hon. Friend’s enlightened policies. Rehabilitation has been the Government’s agenda ever since we were first elected. Looking back at our performance, I concede that I am disappointed by the progress we have made. Prison management in the Ministry of Justice is infinitely better than it was 25 years ago, and some things have improved. Staff are keen to see the progress described by my right hon. Friend, and there are successes in the treatment of women offenders and young offenders, despite the problems in some institutions, as has been said.

The test that I apply is on the success that we have achieved in rehabilitation. No one shrinks from the fact that we still have to confess that 45% of adult offenders reoffend within 12 months of release. For offenders who serve sentences of less than 12 months, the figure, I believe, is 58%, which means that the prison system is not working as effectively as it should to protect honest citizens outside.

No one knows exactly why that problem is so persistent, but I remain strongly of the view that part of the trouble, if we look at enlightened policies not delivering the results—that is the test we should consider—is the fact that there are too many prisoners in prison. We cannot deliver these policies in squalid overcrowded slums where we do not have the space or the resources to deliver education, training, proper healthcare and better attitudes of the kind we wish to give.

A few years ago when I was Lord Chancellor I complained that the prison population had doubled since I was Home Secretary, despite the fact that the level of crime in the country had markedly dropped. I do not think there was any relation between the two because crime has dropped across the entire western world, in those countries that have shortened their incarceration rate and in those that have extended it. We now have the highest incarceration rate in democratic Europe. We are second only to the United States, where many states now are making determined efforts with even right-wing leadership to get the incarceration rate down and get out of the prisons the people who should not be there.

[Philip Davies (Shipley) (Con)]

Will my right hon. and learned Friend give way?

[Mr Clarke]

No. I am sorry. I know my hon. Friend’s views. That is not the reason that I am not giving way. I look forward to hearing them in the short time available, but I do not want to cut anybody out of this debate.

I believe that we should set out as one of our objectives reducing the prison population. I say to my right hon. Friend the Lord Chancellor, who is still in his place, that I set out to do that, not only because I believed that there were people in prison who should not be there, but because that reduction underpinned the bold spending commitments that I offered to the Treasury and which it gratefully accepted. I proposed a 30% cut in the budget of the Department that I had walked into, partly based—there were other savings as well—on getting down the ridiculously excessive prison population. I got it sagging, but it has gone up again, and it is about where it was when we came into office.

My right hon. Friend should not shrink from sentencing reform. He should consult my friend Lord Justice Treacy, who is in charge of the Sentencing Council, face up to the fact that mandatory minimum levels of all kinds do not match the reality of the varied circumstances of cases, develop better non-custodial sentences and so on. There is a whole speech to be made on that.

Finally, I shall concentrate on one positive suggestion, on which I think my right hon. Friend could proceed, serving the cause of justice, which above all we have to follow, and also meeting the needs of the moment by reducing unnecessary overcrowding. I urge him to get rid of the last vestiges of indeterminate sentences and those who are still serving such sentences in prison. Those sentences were introduced in 2003, they took off surprisingly, and I abolished them in 2012. They were sentences where a minimum tariff was given to reflect the crime but the prisoner would be held in prison indefinitely until he was able to satisfy the Parole Board that he was no longer a risk, or rather that the risks were manageable. I assumed that once we abolished those sentences so that no more would receive them, we would not keep for long those who were already serving such sentences as they steadily earned their release. That has not happened.

When I was Lord Chancellor, there were over 6,000 prisoners serving indeterminate sentences. The forecast was that there would be 8,000 or 9,000 by 2015. We have over 4,000 still there. Of those, three quarters have now exceeded the tariff—the sentence that the judge gave them for their offence—and 392 prisoners have already served five times the sentence imposed on them. Some of them will never be released unless we change the sentencing system. My right hon. Friend has the power to do so.

I wanted to get rid of those sentences altogether and let people out as they reached the tariff. Senior colleagues were understandably nervous and cautious about that and I was not allowed to take the step I wanted to take to achieve that. I took the power in the Bill. If my right hon. Friend studies the Legal Aid, Sentencing and Punishment of Offenders Act 2012, he will see that he has the power to alter the terms of reference for the Parole Board. At the moment, the individual prisoner has to prove to the Parole Board that he poses no risk. Of course, no prisoner could make any of us certain that he will not reoffend when released; we just hope that most of them will not. The burden should be the other way around: we should only keep a prisoner indefinitely—some of them will stay for life if we are not careful—when there is reason to believe that he would pose a risk if released.

There are 4,000 prisoners that my right hon. Friend could steadily and more rapidly get rid of. I think that easing the pressures on the Prison Service would help him achieve all his goals. I very much hope that he achieves them. If he can deliver what he has decided to try to deliver, he will indeed be a great reforming Lord Chancellor.

--- Later in debate ---

[Philip Davies (Shipley) (Con)]

First, may I apologise to you, Mr Speaker, and other Members: I have a meeting at 6.15 pm with the relevant Minister about the flooding in my constituency so I will be away from the debate for that time? No discourtesy is intended, and I hope my apology will be accepted.

I want to concentrate on one thing that I believe is seriously overlooked in debates on justice: the use of fixed-term recalls, one of the biggest injustices in the criminal justice system. Most people believe that if someone is let out of prison early—whether halfway through their sentence, a quarter of the way through on home detention curfew, or at some other point before they should be let out—if they reoffend during that time or breach their licence conditions, they should go back to prison to serve the rest of their original sentence at the very least, and some, like me, might argue that they should be sent to prison for longer. Unfortunately, that is not always, or even often, the case.

The Criminal Justice and Immigration Act 2008 amended the Criminal Justice Act 2003 to introduce fixed-term recalls. It was not done because it was the right thing to do; it was done to reduce the prison population when it got out of hand under the last Labour Government and they did not have the necessary capacity. A fixed-term recall occurs when an offender reoffends or breaches their licence conditions, and as a result they do not go to prison for the remainder of their original sentence; they go back for 28 days—just 28 days.

The overwhelming majority of the public believe offenders should serve the whole of the sentence they were given in the first place. In fact, a poll by Lord Ashcroft found that 80% of police officers, 81% of the general public and 82% of victims believe sentences are already too lenient, but thanks to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, as of 3 December 2012, the eligibility criteria for fixed-term recalls were relaxed further to make them available to previously denied prisoners. These were offenders serving a sentence for certain violent or sexual offences, those subject to a home detention curfew and those who had previously been given a fixed-term recall for breaching their licence within the same original prison sentence.

I recently asked a parliamentary question and found that in 2014 an astonishing 7,486 people were given this 28-day, all-inclusive mini-break in prison for reoffending or breaching their licence conditions. These included a staggering 3,849 burglars and 546 people whose original offence involved violence against another person, including wounding, manslaughter and even murder.

The sheer number of offenders being returned on these 28-day recalls appears to show that people are being let out when they are not ready to be released into society, yet those who have committed the most serious offences, such as murder, who are released and breach their licence conditions are still required to come back to prison only for a mere 28 days. Anyone who thinks someone on licence for murder should simply be returned to prison for 28 days for reoffending or breaching their licence condition surely needs their head tested. This kind of initiative is ridiculous in an age when public confidence in the criminal justice system is so low.

The Ashcroft poll found that more than two thirds of people—69% —believed that rates of reoffending were high because sentences were too short and prison life was not hard enough. Just recently I was made aware of a case of a local serial offender who was released early on licence for burglary only to commit multiple offences weeks afterwards. That offender was returned to prison, but he was not required to stay there until early 2017, as he would have been if he had had to serve his sentence in full. He was just given his 28-day fixed-term recall. How can that possibly be right? How can that possibly protect the public? That should be the first duty of the Government, rather than making speeches in here trying to make it look to the wider world as though we are compassionate. Do I want people to think that I am compassionate just for the sake of my own reputation? We should be concentrating on how we protect the public from becoming the unnecessary victims of crime.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Surely, if rehabilitation is effective, it will protect the public and reduce the number of future victims of crime. Is not my hon. Friend making the wrong argument on that point?

[Philip Davies]

According to the Ministry of Justice’s own figures—the Minister can confirm this—the longer people spend in prison, the less likely they are to reoffend. There should be a lesson in there for my hon. Friend. In fact, the punishments with the lowest reoffending rate of all were the indeterminate sentences that were introduced in the name of public protection—the very punishments that my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) scrapped, even though he said at the time that his main purpose was to reduce reoffending. Let us stick to the facts about what actually works, rather than trying to make ourselves sound good to our constituents and to the wider public.

An equally staggering fact is that many of the offenders who are released on licence and who then reoffend or breach their licence conditions and are recalled for 28 days and then go on to reoffend or breach their licence conditions again once they have been re-released are still only recalled for 28 days on that second or subsequent occasion. Between September 2013 and September 2014, 1,160 offenders received more than one fixed-term recall, including 49 offenders who were serving sentences for violence against the person and 705 who were serving sentences for burglary. That is absolutely outrageous, as my constituents in Wilsden and Harden, who are facing a spate of burglaries at the moment, will know only too well. Perhaps we should ask them to listen to some of this liberal claptrap while they are having their homes burgled every five minutes by people who have been released from prison on fixed-term recall.

This weak response to reoffending is becoming so well-known in the criminal community that some people are taking their chances and reoffending, knowing that the punishment will be pathetic. Worse still, some are deliberately trying to get themselves back into prison for 28 days, as that is just enough time for them to make money from dealing drugs and committing other crimes on the inside before being released again. They are deliberately going back into prison because they know that it will only be for 28 days, and that they will not have to serve the rest of their original sentence. The concept of the fixed-term recall takes dishonesty in sentencing—which is already bad enough with people only serving a maximum of half their sentence—to a new low. Fixed-term recalls are completely unjust and unjustifiable, and they should be scrapped with immediate effect.

Oral Answers to Questions

Philip Davies Excerpts

Tuesday 26th January 2016 Commons Chamber

[Caroline Dinenage]

I am keen to look at the Scottish model and see what progress has been made. I am also keen to intervene earlier in women’s offending journey to make sure that the right wrap-around services are put in place to try and divert as many people as possible away from ending up in prison, because we know that every woman in prison represents a potentially broken family and children potentially taken into care.

[Philip Davies (Shipley) (Con)]

Given that the Minister is usually such a great champion of gender equality, may I suggest that instead of trying to turn the women’s prison estate into some kind of holiday camp, she makes sure that if a woman commits an offence, she is treated in exactly the same way as a man, and that female prisoners are treated in the same way as male prisoners? It is still the case that for every single category of offence, a man is more likely to be sent to prison than a woman. Why is a female offender who commits burglary any better than a male offender who commits the same offence?

[Caroline Dinenage]

I fear we may have been down this road before with my hon. Friend. I take on board his comments. Sentencing is a matter for the judiciary, but I will always defend my strongly-held belief that equality of outcome is what we are looking for in the female prison estate. At present, female prisoners are much more likely to have many complex needs and are far less likely to gain employment once they leave prison. I am seeking to tackle that.

--- Later in debate ---

[Michael Gove]

I look forward to having a cup of cocoa with the gentleman concerned to help him sleep more easily at night, as I manage to do.

[Philip Davies (Shipley) (Con)]

The Secretary of State made his name in the Department for Education as someone who would take on vested interests, but he has gone native in record time as Secretary of State for Justice. That includes hanging on every word that is said by the Howard League for Penal Reform—the NUT of the justice system—and reappointing Nick Hardwick. When will he get back his mojo and put the victims of crime at the heart of what he is doing? Come back Ken Clarke, all is forgiven!

[Michael Gove]

I am not sure that Labour Members would agree with the suggestion that I have become a sandal-wearing, muesli-munching, vegan vaguester. I think that they would probably say that I am the same red-in-tooth-and-claw blue Tory that I have always been. It is because I am a Conservative that I believe in the rule of law as the foundation stone of our civilisation; it is because I am a Conservative that I believe that evil must be punished; but it is also because I am a Conservative, and a Christian, that I believe in redemption, and I think that the purpose of our prison system and our criminal law is to keep people safe by making people better.

Oral Answers to Questions

Philip Davies Excerpts

Tuesday 8th December 2015 Commons Chamber

[Caroline Dinenage]

The hon. Gentleman is absolutely right, and that is what the pilots are about. Female offenders often have very complex needs. They are much more likely to self-harm and to be victims of violence or domestic abuse than their male counterparts. That is why the pilots, which seek to divert women away from a pathway to prison very early on in their offending behaviour, are fantastic. The schemes recognise that sending women to prison can have a devastating effect not only on their lives, but on those of their dependent children.

[Philip Davies (Shipley) (Con)]

Will the Minister confirm that, for every single category of offence, a man is more likely than a woman to be sent to prison, to be sent to prison for longer and to serve more of their sentence in prison? Given this age of gender equality that the Government believe in so much, what possible justification can there be for releasing more women from prison than men, and what assessment has the Minister made of whether or not that breaks discrimination laws?

[Caroline Dinenage]

I am very happy to have the opportunity to answer that question. Obviously, sentences are based on the individual offence. Male offenders are, and will continue to be, supported through existing processes to address their needs, but let us not forget that our Prison Service and probation service were designed with male offenders in mind, because they make up 95% of their customers.

Transpeople (Prisons)

Philip Davies Excerpts

Friday 20th November 2015 Commons Chamber

[Andrew Selous]

I agree with every word of what the hon. Gentleman has said. We are very well supported by mental health experts in prisons, and he is right to mention the work done by, for instance, psychologists, and indeed by a range of healthcare professionals. They are integral to the prison team, whose members work hand in glove with them, and they will be at the heart of issues such as this in the future.

[Philip Davies (Shipley) (Con)]

Vicky Thompson’s death is a tragedy. Leeds is my local prison, and a number of my constituents work there. I strongly endorse what was said by both my hon. Friend the Member for Christchurch (Mr Chope) and the Minister about the work of prison officers. Can the Minister tell us what counselling they will receive as a result of having to deal with terrible incidents such as this, which are also tragedies for them?

I should inform the House, for the record, that Vicky Thompson was a constituent of my hon. Friend and parliamentary neighbour the Member for Keighley (Kris Hopkins), and I have spoken to him about the case. I know that he would like it to be made clear that if Vicky Thompson’s family need any assistance at this time, they should contact him, and he would be very happy to offer it.