Anti-social Behaviour, Crime and Policing Bill

Debate between Damian Green and John McDonnell

Tuesday 4th February 2014 Commons Chamber

[Damian Green]

I join my hon. Friend in that state of grace of not being a lawyer. The difference is that we have removed the word “innocent”. There was, I think, a feeling that the original Government proposal required people to prove their innocence, which, of course, would alter the presumptions that lie at the heart of the criminal justice system. That is what could be described as the non-legal significant difference, which is none the less a significant difference.

[John McDonnell (Hayes and Harlington) (Lab)]

Will the Minister therefore explain to us what the difference is between “innocent of” and “did not commit”?

[Damian Green]

A lot of the debate was about the nomenclature—the thought that we were asking people to prove their innocence. I have just explained the effect of the new clause: if a new fact emerges that on its own shows the person could not have committed the offence or that an offence may not have been committed, that would entitle that person to compensation. Throughout this debate people have recognised that it is not simply a question of being declared innocent that requires a miscarriage of justice to be called.

--- Later in debate ---

[John McDonnell]

I think I understand where the Minister is coming from, but I just think we are getting ourselves into a bit of a mess here. Let me give him a concrete example. I chaired the Guildford Four campaign for a large number of years. What happened there was the discovery that the confessions were completely wrong. They were wrong for all sorts of different reasons—the circumstances in which they were taken, the way they were taken. They were just false. At that stage it is then demonstrated that the prosecution—and the original decision of the courts—is unsound and it is then dismissed. Those people are then released. They will then have to seek to prove their innocence to gain any compensation, so practically I think we are digging ourselves into a hole here and are creating a system that will cause more problems than those we are seeking to solve.

[Damian Green]

I disagree. The hon. Gentleman seems to be saying the system will in some ways be more difficult because people will have to apply for compensation. That in itself is not a huge change.

[John McDonnell]

May I explain my point again? Let us take the Birmingham Six as our example. As soon as the confessions were seen to be completely false, they were released on the basis that their prosecution was unsound. However, to gain compensation they will now have to go out and prove they “did not commit” or they were “innocent”, whichever terminology is decided on.

[Damian Green]

I think this is just a genuine misunderstanding. Someone will be eligible for compensation if the new fact—the hon. Gentleman is talking about new facts emerging in respect of confessions and so on—which led to the quashing of their conviction shows they did not commit the offence for which they were convicted. I think the particular objection he is giving rise to now would not apply, therefore.

[John McDonnell]

rose—

[Damian Green]

The hon. Gentleman has had a go.

--- Later in debate ---

[Damian Green]

I am grateful to my hon. Friend for bringing his legal mind to bear on this, and explaining the difference.

[John McDonnell]

rose—

[Damian Green]

The hon. Gentleman may disagree, but he will have his chance to contribute to the debate.

We are seeking to provide greater clarity, which is why we are unwilling to accept the Lords amendment. We have listened to those who consider that the express reference to the concept of innocence is problematic. That is what lies at the heart of this change. Our amendment in lieu is intended to take this concern into account by removing what has been until now the controversial aspect of this clause: the use of the word “innocent”. I hope that removing the express reference to innocence will make our respect for the presumption of innocence clear, and I hope I can allay the concerns expressed by hon. Members.

We remain strongly committed to ensuring that compensation is paid only to those who genuinely warrant it, however. In our view compensation should be paid only to applicants where it is shown beyond reasonable doubt that they did not commit the offence. We believe that this change takes into account the points made in the House of Lords, which we have carefully considered. As Lord Phillips said in that debate, the primary objective of section 133 of the Criminal Justice Act 1988, which this clause would amend, is to provide redress to an applicant who has been convicted when he or she was in fact innocent. He also considered that its second and subsidiary objective was to ensure that an applicant whose conviction had been quashed but who had in fact committed the offence charged should not be compensated. Our proposed test goes a long way towards achieving both of those objectives. We consider that, while the definition of a miscarriage of justice for which we are seeking to legislate is drawn narrowly, it nevertheless provides for a range of circumstances in which compensation should rightly be paid to help people who need to rebuild their lives after suffering great injustices.

Throughout our debates, much has been said about the views of the European Court of Human Rights on compensation for a miscarriage of justice, and I am again grateful to Lord Phillips, who commented on this so succinctly during the debate on Report in the Lords. He stated:

“In substance, whatever interpretation is given to miscarriage of justice, something more than quashing a conviction is properly required”.—[Official Report, House of Lords, 22 January 2014; Vol. 751, c. 680.]

This much can be gleaned from the four most recent decisions of the European Court on this issue. Today, our business is to determine precisely what that “something more” is. We believe that the definition we are now providing in our amendment will make it easier for applicants to assess whether they should apply for compensation, and will make decisions on eligibility easier for the applicant to understand and less likely to be the subject of legal challenge, as my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) made clear a moment ago.

Crime and Courts Bill [Lords]

Debate between Damian Green and John McDonnell

Monday 18th March 2013 Commons Chamber

[John McDonnell]

This is the parliamentary equivalent of “Just a Minute”.

I will speak to the amendments in my name, which are amendments 103 and 96 to 98, which relate to clause 25. Clause 25 commences the process of privatising the work of the fines officers of the courts. They are not just bailiffs, but officers who exercise judicial powers. This will be the first time that the House has privatised any office holder who has judicial powers. What do I mean by judicial powers? These officers can make a deduction from a benefits order, make an attachment of earnings order, and order the variation of the length of time over which a fine can be paid.

Clause 25 will privatise the 2,000 jobs of the fines officers and hand the work over to private bailiffs. We have seen the report by Citizens Advice on the role of private bailiffs. They are misrepresenting their powers, using intimidating behaviour, charging fees in excess of what is allowed in law, failing to accept reasonable offers of payment and failing to recognise debtors in vulnerable situations, as required by the national standards for enforcement agents. We are handing over these powers to private bailiffs, who have failed significantly and have intimidated many of our constituents, and yet we know that the existing fines officers are performing well and meeting every target that is set by their management and the Government.

This is a privatisation too far. We have never privatised the roles of judicial officers. This matter needs the consideration of the House. I urge the Government to think again. This measure is just an enabling part of the legislation and I hope that the Government will step back before they implement it.

[Damian Green]

On the last point, I think it is fair to say that the hon. Member for Hayes and Harlington (John McDonnell) thinks that every privatisation is a privatisation too far. He is wrong. Choosing the sanction or collection method, which is what fines officers do, is not a judicial function. Those are essentially case management decisions and have been performed by administrative staff since 2006.

On amendment 1, we recognise that we must make allowances for the fact that some people find themselves in hardship and find it difficult to pay their debts, but that does not mean that the court should permit those convicted of an offence to ignore the sentences imposed on them. Fines are a criminal sentence, and taxpayers should not be subsidising those who avoid payment for whatever reason.

I have a great deal of sympathy with what was said about new clauses 12 and 14 by my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) and the hon. Member for Stockport (Ann Coffey), who has a distinguished record in this field. The Government and HM Courts Service already do a huge amount to protect victims and witnesses. There is always more we can do and we will take this issue away and consider it.

London Metropolitan University

Debate between Damian Green and John McDonnell

Monday 3rd September 2012 Commons Chamber

[Damian Green]

It was because the previous Government had neither the will nor the intention to enforce the immigration rules that this House passed. This Government do have the intention to have properly ordered immigration rules and to enforce them properly as well.

[John McDonnell (Hayes and Harlington) (Lab)]

May I return to the question of existing students, for whom the situation seems grotesquely unfair? Term starts in a month’s time, but they will not receive their letters until after 1 October. They will then have 60 days, but they will more than likely be unable to find another institution, unless that institution is given some financial incentive to take them. Could we not at least give an assurance to those students who are found to be legitimate that they will be able to continue their studies and complete their courses at London Met? Otherwise, they will all lose at least a year.

[Damian Green]

I think that the hon. Gentleman has slightly misunderstood the process. The students will not get their letters of curtailment for a month, but they obviously know now that they need to find a new course. The taskforce is operating now, so his last point about their having to waste a year will, I hope, not be true in the vast majority of cases. We have set up the taskforce, and we took action as soon as the evidence was available precisely so that we would not have to do so in the middle of anyone’s course.

Immigration Queues (UK Airports)

Debate between Damian Green and John McDonnell

Monday 30th April 2012 Commons Chamber

[Damian Green]

That is right, and it cannot be emphasised often enough. Of course people feel frustrated when they are in a queue. We all feel that, but we would all feel much worse if we thought that our country was not being made as safe as possible. The borders are a significant line of defence against people who want to commit criminal acts, as well as those who want to commit acts of terrorism, and I am absolutely determined that we will not compromise our security in any way.

[John McDonnell (Hayes and Harlington) (Lab)]

Will the Minister join me in paying tribute to the staff of the UK Border Agency, who have been working incredibly hard and flexibly over the past few months and, indeed, years? There are real concerns on the front line about the lack of staff numbers, and real worries about what will happen during the Olympics. We must not score an own goal in that regard. Will he take up the suggestion of my right hon. Friend the Member for Leicester East (Keith Vaz) that he visit Heathrow and meet the front-line staff, the trade unions and other stakeholders to explore their views on what could be done to improve matters?

[Damian Green]

The hon. Gentleman can be assured that I visit Heathrow regularly. I am happy to join him in paying tribute not just to the hard work of those who work as immigration officers and customs officers at our borders, but to the dedication they bring to the job. They are very serious about keeping the wrong people and the wrong things out of our country. As I say, I visit Heathrow extremely regularly and will be glad to go there in the coming weeks to see the new control room and the more flexible rostering that we are setting up and to see the better use we intend to make of those dedicated staff.