Points of Order

Debate between Alex Cunningham and Rosie Winterton

Tuesday 9th May 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the right hon. Lady for that point of order. I can see that she has been going around the houses with different Departments. The Secretary of State for Health is still in the Chamber and will have heard what she has said. I am sure that those on the Treasury Bench and the Whips will also have heard and will be reporting back as we speak that this matter has been raised, and perhaps will pass it through to the Cabinet Office. It may be that not all the meetings that she has asked about have been collated already, but one hopes that that might happen at some point soon, because I know how anxious she and many Members of the House are to know that progress is being made on the issue.

[Alex Cunningham (Stockton North) (Lab)]

On a point of order, Madam Deputy Speaker. The Cleveland Police area now has the highest crime rate in the country, yet according to the latest Home Office figures, the force has 250 fewer police officers than in 2010. ITV Tyne Tees has run a series of features on these terrible failures by the Government and their effect on our communities on Teesside, yet Home Office Ministers continue to refuse to speak to reporter Rachel Bullock, who wants to give them a chance to respond to her report. Could you please advise me on how I can encourage Ministers to engage with regional media? Do any of them have any plans to come to this House so that Members can hold them to account on this matter?

Point of Order

Debate between Alex Cunningham and Rosie Winterton

Tuesday 13th December 2022 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

On a point of order, Madam Deputy Speaker, we seem to have been waiting for many years for the tobacco control plan from the Government—a plan to reduce and then eradicate smoking in communities by 2030. Sadly, despite promises from a series of Health Ministers, we are still waiting. Now we have mixed reports about the Government plans on funding and the proposal to increase the age at which people can buy tobacco products. Many thousands of people continue to die from smoking every year and many more suffer chronic ill health. We need action now. Have you had any indication from the Government that they plan to publish the tobacco control plan and/or make a statement, not just on the 2030 target, but on their policy going forward?

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for his point of order and for giving me notice of it. I can tell him that I have had no indication from the Government that they intend to make a statement on the subject, but I am very aware that we have a well-occupied Treasury Front Bench and I am sure they will have noted his comments and will feed his concerns back.

Bill Presented

Coal Extraction and Use Bill

Presentation and First Reading (Standing Order No. 57)

Tim Farron, supported by Ed Davey, Daisy Cooper, Wendy Chamberlain and Wera Hobhouse, presented a Bill to require Parliamentary approval of coal extraction from new coal mines commissioned after November 2022; to require the Secretary of State to set targets for phasing out the extraction and use of coal and to report to Parliament on performance against those targets; to require the Secretary of State to publish a strategy for increasing the use of renewable energy sources for steel production in place of coal; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 24 March 2023, and to be printed (Bill 215).

Private International Law (Implementation of Agreements) Bill [Lords]

Debate between Alex Cunningham and Rosie Winterton

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 24th November 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Alex Cunningham.

[Alex Cunningham (Stockton North) (Lab)]

Thank you very much, Madam Deputy Speaker—from one Alex to another.

When I stood at the Dispatch Box some weeks ago for the Bill’s Second Reading, I made Labour’s position very clear: we absolutely understand and appreciate the need for the Bill. The Minister was rightly wholehearted in his endorsement of the Bill and provided us with some excellent examples of how it will work and what it will mean. He even mentioned that it will apply to widgets. Perhaps when he does his summing up, he can tell me what a widget is.

In a post-Brexit world, it is essential that individuals, families and businesses have access to fair and clear legal mechanisms for dealing with international disputes. This has never been contentious and, from the very beginning, Labour made its support for clause 1 of the Bill clearly known. Labour welcomes the principle of the Bill because it maintains and perhaps enhances our legal co-operation across jurisdictions and provides certainty and fairness for those involved in cross-border litigation. In a post-Brexit world, this is essential to maintaining a prosperous economy, protecting our legal system and providing for families and individual claimants engaged in cross-border disputes. International agreements provide clear and reciprocal mechanisms for dealing with international disputes. In doing so, they are crucial in protecting our country’s proud reputation as the world’s centre for resolving complex disputes while offering us a competitive advantage in finance, business and trade.

This is also a Bill that will affect human beings and human stories. A wide range of family law issues can lead to cross-border disputes—for example, when one partner takes a child abroad and there is a disagreement about parenting arrangements, when making arrangements for divorce in similar circumstances, and on issues of abduction and adoption. Over the years, many of us have seen examples of that in our constituencies, when a child has been removed from this country against the will of another parent, and yet we have struggled, even with the existing laws, to resolve those sorts of disputes. Of course, this is also about keeping our citizens safe. We must ensure that we have robust international agreements so that justice can be done.

On Second Reading and in Committee, we were content to give our full support to clause 1, which gives effect to international treaties in domestic law through primary legislation, because we recognised that it is both necessary and welcome. It is hoped that these provisions, which affect the rules on jurisdiction and the recognition and enforcement of judgments overseas, will play a crucial role in building a strong economy and provide some certainty for families in often desperately trying circumstances.

Labour welcomes the principle of the Bill, but we remain of the opinion that there was no need for clause 2. Attempts by those in the other place to persuade the Government to ditch the unnecessary and, some would say, dangerous provisions covered by clause 2 were successful. Sadly, their decision was not appreciated by the Government and, despite the pleas and arguments put forward by their lordships, the Government felt compelled to reinstate the clause when it came back to the Commons. The House will be aware that despite the clear and sensible arguments of the Opposition and others, ultimately the Government are the Government and use their majority to prosecute their will, and, with no surprise, succeeded in reinstating clause 2.

Counter-Terrorism and Sentencing Bill

Debate between Alex Cunningham and Rosie Winterton

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Review of deradicalisation programmes in prisons—

“(1) Within three years of this Act being passed, the Secretary of State must publish and lay before Parliament a comprehensive review of the impact of the provisions of this Act on the effectiveness and availability of deradicalisation programmes in prisons.

(2) The review must include an assessment of—

(a) the effectiveness of existing programmes at reducing radicalisation and terrorist offending;

(b) how individuals are assessed for their suitability for a programme;

(c) the number of individuals assessed as requiring a place on a programme;

(d) the number of individuals assessed as not requiring a place on a programme;

(e) the average length of time individuals assessed as requiring a place on a programme have to wait to start a programme; and

(f) whether there is sufficient capacity and resource to meet demand for places on deradicalisation programmes in prisons.”

This new clause requires a review of the impact of the Act on deradicalisation programmes in prisons.

New clause 3—Financial Impact Assessment Report—

“(1) The Secretary of State must, within three years of this Act being passed, lay before Parliament a report on the financial impact of the provisions of this Act.

(2) That report must separately consider the financial impact of—

(a) extended sentences on the prison estate;

(b) extended licence periods;

(c) any increased staffing resources required for Her Majesty’s Prison and Probation Service;

(d) the extended offenders of particular concern regime; and

(e) adding polygraph testing to certain offenders’ licence conditions.

(3) The report may consider other financial matters.

(4) The report must compare the financial impact of the Act with the Impact Assessment for the Counter-Terrorism and Sentencing Bill published by the Ministry of Justice on 18 May 2020.

(5) A Minister of the Crown must, not later than 3 months after the report has been laid before Parliament, make an oral statement in the House of Commons on his plan to address the financial and non-financial issues identified in the report.”

This new clause requires a review of the financial impact of the Act.

New clause 4—Report on extended sentences for terrorist offenders: Scotland—

“(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) After section 210A(4) insert—

‘(4A) The report under section 210A(4), where it applies to a person convicted on indictment of a terrorism offence, must—

(a) take account of the offender’s age;

(b) consider whether options other than an extended sentence might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender.

(4B) The court must take account of any points made by the report in relation to the matters in subsection (4A).’

(3) The Secretary of State must at least once a year conduct and lay before Parliament a review of the effectiveness of the provisions of this section and their impact upon offenders.

(4) The report of the first review must be laid before Parliament within one year of this Act being passed.”

New clause 5—Report on extended custodial sentences for terrorist offenders: Northern Ireland—

“(1) The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (extended custodial sentences) is amended as follows.

(2) In Article 9, after paragraph (2), insert—

‘(2A) The pre-sentence report under paragraph (2), where it applies to a person convicted on indictment of a terrorism offence, must—

(a) take account of the offender’s age;

(b) consider whether options other than an extended custodial sentence might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender.

(2B) The court must take account of any points made by the report in relation to the matters in paragraph (2A).’

(3) The Secretary of State must at least once a year conduct and lay before Parliament a review of the effectiveness of the provisions of this section and their impact upon offenders.

(4) The report of the first review must be laid before Parliament within one year of this Act being passed.”

New clause 6—Review of effects on children and young offenders—

“(1) The Secretary of State must, within one year of this Act being passed, lay before Parliament a review of the effects of the provisions of this Act on children and young offenders.

(2) That review must detail any differential effects on children and young offenders in—

(a) sentencing;

(b) release of terrorist offenders; and

(c) the prevention and investigation of terrorism.

(3) The review must consider the impact of imprisonment under this Act on the physical and mental health of children and young offenders.

(4) The review must consider the influences on children and young offenders who commit offences under this Act, including but not limited to—

(a) the internet;

(b) peer-pressure; and

(c) vulnerability.

(5) When conducting a review under this section, the Secretary of State must consult with Scottish Ministers.

(6) The review may make recommendations for further changes to legislation, policy and guidance.

(7) For the purposes of this section, young offenders include adults aged under 25.”

This new clause would require the Secretary of State to review the effects of these measures on children and young offenders. It would also require the Secretary of State to consult with Scottish ministers when conducting the review.

New clause 7—Review of legislation: Northern Ireland—

“(1) On an annual basis from the day of this Act being passed, a report that reviews the application of the provisions of this Act in Northern Ireland must be published and laid before both Houses of Parliament by the Secretary of State.

(2) Annual reports under subsection (1) must be produced in consultation with the Northern Ireland Minister for Justice and the Northern Ireland Executive.”

This new clause ensures that all measures in the Bill as they pertain to Northern Ireland shall be reviewed annually with the Northern Ireland Minister for Justice and the Northern Ireland Executive, and a report shall be published and laid before both Houses of Parliament.

New clause 9—Review of polygraph testing on terrorist offenders—

“(1) Before sections 32 to 35 come into force, the Secretary of State must, within 6 months of this Act being passed, conduct a pilot of the use of polygraph testing on terrorist offenders.

(2) The outcome of the pilot must be reported to Parliament within 12 months of this Act being passed.

(3) This report must include—

(a) data on the number of terrorist offenders who have been subject to polygraph testing during the pilot;

(b) an explanation of how the results of polygraph tests have been used during the pilot;

(c) an analysis of the effect polygraph testing has had on the licence conditions of terrorist offenders;

(d) data on the number of terrorist offenders who were recalled to prison on the basis of polygraph test results;

(e) a recommendation from the Secretary of State as to whether sections 32 to 35 should enter into force following the pilot; and

(f) evidence of independent research on the reliability and value of polygraph testing of terrorist offenders.”

This new clause requires the Secretary of State to conduct a pilot test of the use of polygraph testing on terrorist offenders and report the outcome to Parliament, in addition to setting out evidence for the reliability of polygraph tests based on independent research.

New clause 10—Review of sections 1 to 31—

“(1) The Secretary of State must arrange for an independent review of the impact of sections 1 to 31 of this Act to be carried out in relation to the initial one-year period.

(2) The Secretary of State must, after consultation with the Independent Reviewer of Terrorism Legislation, appoint a person with professional experience relating to the imprisonment for offences of terrorism to conduct the review.

(3) The review must be completed as soon as practicable after the end of the initial one-year period.

(4) As soon as practicable after a person has carried out the review in relation to a particular period, the person must—

(a) produce a report of the outcome of the review, and

(b) send a copy of the report to the Secretary of State.

(5) The Secretary of State must lay before each House of Parliament a copy of the report under subsection (4)(b) within one month of receiving the report.

(6) In this section, “initial one-year period” means the period of one year beginning with the day on which this Act is passed.”

This new clause would require an independent review of the impact of sections 1 to 31 of the Act to be conducted after one year.

Amendment 30, in clause 4, page 5, line 35, at end insert—

“(7) The pre-sentence report must—

(a) take account of the offender’s age;

(b) consider whether options other than a serious terrorism sentence might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender.

(8) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (7) and consider whether they constitute exceptional circumstances under subsection (2).”

Government amendment 6.

Amendment 31, in clause 6, page 9, leave out lines 21 to 25, and insert—

“(11) In forming an opinion for the purposes of subsections (1)(d) and (6), the court must consider a report by a relevant officer of a local authority about the offender and the offender’s circumstances.

(11A) Where the offender is under 21 years of age, the report must—

(a) take account of the offender’s age; and

(b) consider whether options other than a serious terrorism sentence might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender and the court must take these factors into account when forming its opinion under subsection (6).

(11B) In considering the report, the court must, if it thinks it necessary, hear the relevant officer.”

Amendment 32, in clause 7, page 10, line 15, at end insert—

“(2A) Where the offender is under the age of 21, in forming an opinion for the purposes of paragraph (2), the court must consider and take into account a pre-sentence report within the meaning of Article 4 which must—

(a) take account of the offender’s age; and

(b) consider whether options other than a serious terrorism sentence might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender.”

Government amendments 7 and 8.

Amendment 33, in clause 16, page 16, line 29, at end insert—

“(4) Section 255 of the Sentencing Code is amended as follows.

(5) After subsection (2) insert—

‘(3) The pre-sentence report must in the case of a serious terrorism offence under section 256(4)(b)(iii)—

(a) take account of the offender’s age;

(b) consider whether options other than an extension period of eight to ten years might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender.

(4) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (3).’

(6) The Secretary of State must at least once a year conduct and lay before Parliament a review of the effectiveness of the provisions of this section and their impact upon offenders.

(7) The report of the first review must be laid before Parliament within one year of this Act being passed.”

Amendment 34, in clause 17, page 17, line 4, at end insert—

“(4) Section 267 of the Sentencing Code is amended as follows.

(5) After subsection (2) insert—

‘(2A) The pre-sentence report must in the case of a serious terrorism offence under section 268(4)(b)(iii)—

(a) take account of the offender’s age;

(b) consider whether options other than an extension period of eight to ten years might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender.

(2B) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (2A).’

(6) The Secretary of State must at least once a year conduct and lay before Parliament a review of the effectiveness of the provisions of this section and their impact upon offenders.

(7) The report of the first review must be laid before Parliament within one year of this Act being passed.”

Government amendments 9 to 16.

Amendment 5, page 21, line 30, leave out clause 24.

Amendment 52, in clause 27, page 23, line 24, after “unless”, insert

“the terrorist prisoner was at least aged 18 at the time of the commission of the offence for which the prisoner is serving the sentence, and”.

This amendment provides that only certain adult terrorist prisoners are excluded from eligibility for early release in England and Wales.

Amendment 53, in clause 28, page 24, line 12, after “unless”, insert

“the terrorist prisoner was at least aged 18 at the time of the commission of the offence for which the prisoner is serving the sentence, and”.

This amendment provides that only certain adult terrorist prisoners are excluded from eligibility for early release in Scotland.

Amendment 1, in clause 30, page 26, line 16, leave out “whether before or”.

This amendment would remove the retrospective application of this provision.

Amendment 2, in clause 30, page 26, line 17, leave out from “(2)” to end of line 20.

This amendment would remove the retrospective application of this provision.

Amendment 54, in clause 30, page 27, line 14, after “terrorism sentence” insert

“and the terrorist prisoner was at least aged 18 at the time of the commission of the offence for which the prisoner is serving such a sentence”.

This amendment provides that only certain adult terrorist prisoners are excluded from eligibility for early release in Northern Ireland.

Amendment 55, page 28, line 17, leave out clause 32.

This amendment will remove from the Bill clause 32, which extends the current polygraph testing requirements to adult terrorist offenders released on licence in England and Wales.

Amendment 56, page 29, line 8, leave out clause 33.

This amendment will remove from the Bill clause 33, which extends the current polygraph testing requirements to adult terrorist offenders released on licence in Scotland.

Amendment 57, page 30, line 25, leave out clause 34.

This amendment will remove from the Bill clause 34, which extends the current polygraph testing requirements to adult terrorist offenders released on licence in Northern Ireland.

Amendment 58, page 33, line 7, leave out clause 35.

This amendment will remove from the Bill clause 35, which extends the current polygraph testing requirements to adult terrorist offenders released on licence.

Amendment 35, in clause 52, page 43, line 40, leave out “to” and insert “, 34 and”.

This amendment would remove section 33 from the list of provisions that are brought into force through regulations by the Secretary of State.

Amendment 3, in clause 52, page 43, line 40, leave out “to 35” and insert “, 33 and 35”.

This amendment would remove section 34 from the list of provisions that are brought into force through regulations by the Secretary of State.

Amendment 4, in clause 52, page 43, line 42, at end insert—

“(3A) Section 34 comes into force on such day as the Department for Justice of Northern Ireland may by regulations appoint.”

This amendment would mean section 34 could only be brought into force through regulations by the Northern Ireland Executive.

Amendment 36, in clause 52, page 43, line 42, at end insert—

“(3A) Section 33 comes into force on such day as Scottish Ministers may by regulations appoint.”

This would have the effect that provision in the Bill that relate to polygraph testing would only become operational if the Scottish Government asked for those provisions to be implemented.

Government amendments 20 to 29.

--- Later in debate ---

[Alex Cunningham]

I am grateful to the hon. and learned Lady, who has explained that far better than I could ever hope to; I very much appreciate that. Perhaps there are some MPs who need rehabilitating as well, Madam Deputy Speaker, but that is another matter.

Is it right for a person, even if they are young, who has committed a serious offence to be put in prison for a particular period of time to protect the public, without their age being considered? We have to balance this properly. How long is long enough for punishment for a young person, and how long is too long to prevent the individual being effectively rehabilitated? Those who commit serious offences will be released from prison at some point. Surely the Minister agrees that we can lessen the time that an individual spends in prison with the aim of it being core to their rehabilitation; it is indeed preferable to a longer sentence, where hostility and deep-seated mistrust of the state simply develops and grows.

We know that this legislation cuts out the role of the Parole Board from any involvement with offenders sentenced under it. I think that it is lamentable that this also applies to young offenders, who, if involved with a specialist group of experts, could benefit tremendously from that. It is not straightforward when dealing with young people, and we should not pretend it is. We need to be smart, cautious and measured. Sadly, there are always some people, young or otherwise, who will never respond to a second chance, and the judges in their cases will act accordingly, but I want the judges to be better equipped than they are at present so that when they see there is a chance that a long fixed sentence for a young person is not appropriate and does not offer the best chance of rehabilitation, they have the flexibility to do something else.

As I said in my opening remarks, there is a need for specific requirements for Northern Ireland, but I will content myself with a few short remarks on new clause 7. My hon. Friend the Member for St Helens North (Conor McGinn) has been speaking in detail with the Northern Ireland Justice Minister, Naomi Long, and all the Northern Ireland parties about how we ensure that the measures in the Bill are compatible with the unique and well-established practices in terrorism-related sentencing and policing in Northern Ireland and, as we all know, are particularly sensitive to the political dynamics in Northern Ireland while ensuring that people in that part of the UK are kept safe and secure.

The mechanism proposed in new clause 7 would give some measure of assurance to the devolved institutions that their views are being heard by the Government. The Minister was reluctant to accept this amendment in Committee, but I hope that he will look at it much more closely.

Throughout the proceedings on this Bill, I have been very grateful to have formal and informal discussions with the Minister and to receive letters clarifying some of the issues raised in Committee. Last week, in response to my query about a technical amendment relating to section 61 of Criminal Justice and Court Services Act 2000 and sentences served in young offender institutions, the Minister confirmed to me and the Bill Committee that there were no plans to change the way young adults were accommodated in the prison estate. That I very much welcome, and I would be bold enough to ask him to reiterate his guarantee that section 61 will not be enacted.

As I said at the outset, I have, throughout the Bill’s progress, talked about young people being different and the need for them to be dealt with appropriately, so I was very surprised to have it confirmed to me by the Minister that some 18, 19 and 20-year-olds were not only in the same prison as older offenders but on the same wing and sharing the same social spaces. I am assuming that this mixing does not apply to terrorist offenders, but even if it does not, that practice is totally unacceptable. I would welcome news of a plan to deal with that very real issue, which today is putting younger prisoners at considerable risk.

In conclusion, I reiterate our support for the Bill and hope that the Government will act to address the very real issues that colleagues and I have raised.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Colleagues will be aware that there are a number of speakers who want to get in this afternoon. Sir Robert Neill has withdrawn, so I will go straight to Joanna Cherry, but after that, if colleagues speak for about five minutes, that will enable us to make some progress.