Ten-Year Drugs Strategy

James Daly Excerpts

Monday 6th December 2021 Commons Chamber

[Kit Malthouse]

The hon. Gentleman raises a good point—a good counterpoint to issues that others have raised. As part of our strategy, in the next year we will produce a White Paper that we hope will contain a new system for changing such behaviour and deterring individuals from such casual, thoughtless and often cruel drug consumption, which not only interferes with his constituents’ happiness and enjoyment of their home, but drives an enormous amount of violence on the streets.

[James Daly (Bury North) (Con)]

I very much welcome my right hon. Friend’s statement and its emphasis on treatment and rehabilitation, but throughout the country, as we speak, shopkeepers and small businesses are at the mercy of drug-addicted shoplifters. In Greater Manchester, a shoplifting offence will be occurring at this moment with no response from the police. Shops are being pillaged. People have no defence to this type of drug-related crime. Although we want to concentrate on rehabilitation and ensure that we have the best treatment in place, we have to protect the victims of crime as well.

[Kit Malthouse]

My hon. Friend is exactly right. As he may know, last year I wrote to chiefs across the country to urge them to take such offences as seriously as possible as part of our general confrontation of crime in a retail environment. He is right that individuals who undertake such low-level crimes to fund a habit need to be punished for them, but at the same time we need to ensure that they do not do them again, which means treating their addiction.

Injunction to Protect the M25

James Daly Excerpts

Wednesday 22nd September 2021 Commons Chamber

[Kit Malthouse]

My hon. Friend expresses pithily the frustration and the cost of the protests to wider society. If only we had some way to recover that cost from those individuals. Sadly, that is unlikely under current legislation, although it is not beyond the realms of possibility that someone who was caught up in the protests and missed some commercial opportunity might wish to consult their lawyers and see whether there was some method of seeking compensation.

[James Daly (Bury North) (Con)]

I welcome the steps that my right hon. Friend and the Government have taken to address this very serious issue. It is not protest, but deliberate acts by people going on to the public highway and endangering people’s lives. That is completely different from peaceful protest, which we all welcome. We are all committed to supporting the green agenda—that is separate from people putting others’ lives at risk. In line with other questions to my right hon. Friend, I ask whether he will take every step necessary if those people turn up on the M6, M5 or wherever else and urge the police to take every action necessary to remove them immediately from the public highway, otherwise somebody will get killed.

[Kit Malthouse]

I am grateful for my hon. Friend’s support. As an esteemed officer of the court, he will know that, to get an injunction, we have made a case exactly as he says. It is not about protest, but about safety on the highway—something that the Government have to put first. If it works, fine, but if things get worse, we will obviously have to consider what more action we must take.

Police, Crime, Sentencing and Courts Bill

James Daly Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[James Daly (Bury North) (Con) [V]]

The right to protest peacefully in this country is enshrined in article 11 of the European convention on human rights. Those provisions were put into domestic law and protect the freedom of assembly and the freedom of association with others. I suspect that every Member of this House, together with millions of our fellow citizens, has taken part in such protest events. Such expressions of community feeling are central to our way of life and part of each citizen’s interaction with the democratic process, and that should be protected at all costs.

However, it is an established legal principle that article 11 rights can never be unfettered, for if that were the case, rampant criminality could be justified, providing a defence to those who indulge in such behaviour under the guise of legitimate protest. These are qualified rights, and interference with them may only be justified in certain specific circumstances, including for the protection of the rights and freedoms of others and the prevention of crime and disorder. In my view, this Bill—specifically, parts 3 and 4—does not impact on article 11 principles but provides reasonable powers to ensure that the police can improve the effectiveness of protest policing in certain limited circumstances, as long as those powers are applied proportionately and in line with human rights law.

Labour appears to be arguing that the police should not have powers to address the most extreme antisocial behaviour during protests, therefore ignoring the rights of our fellow citizens who may be caused intimidation, harassment, serious unease, alarm or distress in certain circumstances outlined in the Bill. There were clearly mistakes in the policing of the vigil at the weekend in memory of Sarah Everard, but that single example should not be used as overwhelming evidence to suggest that the police will not use the powers in the Bill proportionately, reasonably and in line with existing human rights legislation.

If the choice presented to hon. Members is between voting against the Bill due to the definition of the controlled area outside Parliament and voting in favour of it to ensure the longer imprisonment of rapists, I know which way my constituents would expect me to vote. By voting in favour of this legislation, I am voting in favour of tougher sentences for child murderers, ending early release for sex offenders, the imposition of strict conditions on bail, tougher sentences for assaults on emergency service workers, various measures to crack down on knife and violent crime, and the enshrining of the police covenant in law, together with many other important provisions. I am astounded that the Labour party cannot bring itself to support legislation that will protect all our constituents.

Oral Answers to Questions

James Daly Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

What steps his Department has taken to improve criminal legal aid provision.

[James Daly (Bury North) (Con)]

What steps his Department has taken to improve criminal legal aid provision.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

I hugely value the work of criminal defence lawyers, who play a vital role in upholding the rule of law, testing prosecution evidence and ensuring that the innocent walk free. To support the profession through the pandemic, we sought to improve the cash flow for it by making it easier to draw down payment for work already collected, halting the collection of debt by the Legal Aid Agency and relaxing LAA contract requirements to ensure that more staff can be furloughed.

--- Later in debate ---

[Alex Chalk]

My hon. Friend makes a crucial point. Anyone in this Chamber could be accused of a crime they have not committed, and we need to ensure that there are lawyers who can take on the cases, challenge the prosecution and evidence, and ensure that justice is done. That is why we have the criminal legal aid review, and we want to ensure that that independently led review secures a sustainable profession into the future, so that justice can be done in the future.

[James Daly]

I applaud the Minister for his ongoing efforts to ensure that we have a viable and sustainable criminal legal aid sector. Will he work with all stakeholders to ensure that fee income is increased, as he knows it is the single most important issue to every firm of criminal law solicitors in the country?

[Alex Chalk]

I particularly thank my hon. Friend, who has been such a powerful champion of criminal defence. He is absolutely right. It has to be a system that offers rates that are attractive to people coming into the profession. Crime lower work—that critical work at police stations and in the magistrates court—has to be properly remunerated. The vital work that he has done in the past and that his colleagues do needs to be recognised and rewarded.

Lammy Review

James Daly Excerpts

Tuesday 30th June 2020 Commons Chamber

[Alex Chalk]

I am grateful for that question. Stop-and-search is, we think, an important part of the tools required to keep the streets safe. It is worth emphasising that those most likely to be victims of the kinds of crime the police may have in mind—knife crime, for example—will disproportionately come from BAME backgrounds. The key to ensuring that people have confidence in stop-and-search is to ensure that the data is published so that people can be satisfied that it is not being misused and misdirected. That is the focus of this Government and one that we are better able to deliver because of the work done to implement the recommendations of the Lammy review.

[James Daly (Bury North) (Con)]

There is a chronic shortage of magistrates in Greater Manchester and other parts of the country. Can the Minister outline what steps are being taken to increase recruitment and, importantly, to ensure the magistracy is more diverse and representative of the areas it serves, as per recommendation 16 of the Lammy report?

[Alex Chalk]

My hon. Friend makes an excellent point. We need a diverse judiciary. Things have improved a bit—12% of magistrates were from BAME backgrounds as of April 2019, which was 4% higher than in 2012—but we need to go further. The magistrates recruitment and attraction steering group, jointly headed by the MOJ and the magistrates court leadership, held its first meeting in February 2020 and it is promoting the magistracy and increasing recruitment, with a particular focus on increasing diversity.

Terrorist Offenders (Restriction of Early Release) Bill

James Daly Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[James Daly (Bury North) (Con)]

I support the Bill because from my perspective it is a matter of complete common sense. When I was a criminal lawyer and I stood up and mitigated on behalf of defendants, they would get credit for the guilty plea, for showing remorse and for various other factors. It is complete anathema that if somebody gets a 16-year sentence, they serve eight. I have been able to see no evidence to show that having a prolonged period under the supervision of the probation service makes any substantive difference to rehabilitation. My constituents would expect somebody who receives a lengthy custodial sentence to serve that time, or as close as possible to that time. If any Member can give me an argument against that, I would be very interested to hear it.

The Bill is sensible, practical, reasonable and proportionate and it must come into law now. We here, if we have no other duty, must protect members of the public. This must come into law so that no further terrorists are released. How can we as a House possibly continue with the position whereby terrorists are released automatically 50% of the way through their sentences? It is preposterous. Anybody watching this debate would see how preposterous it is, so I warmly welcome the Bill.

I will make two other, brief points. A lot of Members say, with the best of intentions, let us support de-radicalisation work. I have not heard one practical suggestion as to how that is going to work. We use words all the time to describe what we want to happen, but putting it into practice on the ground is totally different.

[Alicia Kearns]

Does my hon. Friend believe that terrorists can never truly be de-radicalised? Having worked in counter-terrorism, I believe that the attributes that make someone vulnerable to extremism and radicalisation never go away; those attributes always remain and that person is always vulnerable, in some way, to some form of extremism or radicalisation, or to membership of groups that would seek to benefit from those attributes.

[James Daly]

I do not know if I would go that far, but I would say that the present programmes being used by the criminal justice system to tackle radicalisation simply do not work. I ask the Minister to look at other options if we are to pursue this.

I have one final point that I feel I have a duty to make, as a constituent and dear friend of mine, Rachel Wheeler, is a probation officer. I have known her and many of her colleagues for many years. The probation service provides a tireless service to the public, but it is not working as it should do, as I think everyone in the House understands. There are issues with staffing shortages and various other matters. We need a probation service that is fit for purpose. I could just say: let’s put more money into it. Money is one thing; let’s get services that work and deliver on the ground, and then we may have rehabilitation successes. As I said yesterday, the success of rehabilitative programmes and sentences in our criminal justice system is negligible. Whatever we have been doing does not work.

Prisoners (Disclosure of Information About Victims) Bill

James Daly Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 11th February 2020 Commons Chamber

[James Daly (Bury North) (Con)]

It is an honour to take part in this debate, in which I have heard one of the finest speeches since I have been here. The hon. Member for St Helens North (Conor McGinn) articulated for us all the emotion, the feeling and the motivation behind the long campaign that his constituent has waged on this issue. I have been a criminal defence solicitor for 16 years. This legislation should have been on the statute book 16 years ago: it has been far, far too long. It is reasonable, it is proportionate, it is morally correct, and it is a matter of blinding common sense.

In the short time that I have, I want to make two points and pick up on a comment made by the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) regarding Vanessa George’s case. Two things dominate criminal proceedings, whether it is a less serious offence or the most serious offence. The first is public protection. Vanessa George could not be released by the Parole Board unless it felt that there was not an issue of public protection. The Parole Board somehow came to the conclusion that a lady who was withholding the names of victims was not a threat to the public. That defies logic and common sense. The Parole Board could have held Vanessa George in custody but chose not to, and these are the issues we are talking about.

Public protection and the protection of victims are central. When I used to stand up in the magistrates court and a defendant pleaded not guilty, I made bail application after bail application, some successful and some not. The reason why some were not successful was that the courts prioritise the interests of victims—they prioritise the public interest, and that is what the Bill does.

The second point I would like to make is about rehabilitation. We can all say warm words about the concept of rehabilitation, but sadly, in my experience— certainly for the vast majority of those whom I represented —I cannot say that rehabilitative sentences worked, nor had the impact of custodial sentences. I agree with the discretion provided for in the Bill. We cannot have a situation where defendants with mental health issues or suchlike can be judged on events that happened a long time ago. But if there is evidence to suggest or to state quite categorically that somebody who has received a substantial custodial term is aware of where their victim’s body is, or is aware of a child victim, it seems obvious to me that that person is not rehabilitated. If they are not rehabilitated, they continue, in my view, to pose a threat to the public. These matters should be at the forefront of the Parole Board’s decision-making process. I agree with my hon. Friend the Member for Telford (Lucy Allan) that we should review how the Parole Board discharges its functions, but this is a good Bill and a much needed one, and I am glad to be part of this debate.