Leaving the EU: Scotland and Wales Continuity Bills

Debate between Jeremy Wright and Susan Elan Jones

Wednesday 18th April 2018 Commons Chamber

[The Attorney General]

I agree with my hon. Friend. He is right that whatever our final judgment may be, or whatever the final judgment of the Supreme Court may be, no one should disregard the views of a Presiding Officer of a Parliament. I feel confident that I have Mr Speaker’s support in saying that at least. My hon. Friend is also right about what we want. We want a negotiated settlement that is agreed between all the Governments involved. That must remain, and does remain, what we seek to achieve.

[Susan Elan Jones (Clwyd South) (Lab)]

The Minister says he is hopeful. The Minister says he is heartened. Why can the Minister not actually be helpful and recognise that in Wales we now have a reserved powers model? We know perfectly well that agriculture, for instance, is to be decided in Wales. Why on earth can he not recognise that and why are the Government seeking to pick a fight with the Welsh people? Why do they not just get on and recognise it?

[The Attorney General]

No, I am afraid the hon. Lady cannot have that. First, the Government of Wales Act 2006 applies here, not the current devolution settlement with Wales. Secondly, the Government have not picked a fight with anybody. What has happened is that particular Bills have been passed—on an emergency basis, by the way—in both the Welsh Assembly and the Scottish Parliament, which raise very serious questions about the competence of each to pass them. That is not just our view; it is the view of others as well. It is therefore the responsibility of the Law Officers to determine how that should be resolved. The way in which it gets resolved, as set out in the devolution settlements, is by reference to the Supreme Court. If we can avoid that, we would all like to do so. The negotiations that are under way—the reason I am optimistic and heartened is that I hope they will be successful—are a better way to do that.

Criminal Justice and Courts Bill

Debate between Jeremy Wright and Susan Elan Jones

Tuesday 17th June 2014 Commons Chamber

[Susan Elan Jones (Clwyd South) (Lab)]

I was not going to speak in this debate, but we have heard some powerful arguments. I support the new clause because we have made a distinction in law between crimes that involve guns and crimes that involve knives. I know that there are certain arguments for that—some will say that we were right to draw that distinction—but at the end of the day it makes precious little difference to families whether their teenage child is maimed by a gun or a knife. It is important that we reflect on the seriousness of crimes involving knives.

There is a specific liberal school of thought on the issue. I believe that many arguments could be made with greater force if new clause 6 related to a first offence with a knife, but that is not what it is about. A very important message is being sent.

From my personal experience as a councillor in Peckham, I know how seriously knife crime was viewed there. It concerns me that parts of the country that are many miles removed—culturally, economically and socially—from our inner cities now face crimes that 20 years ago would have been viewed as inner-city crimes. That is why it is important to send this message.

Those are some brief observations, but this is an important crime. This is not about not tokenism; it is about getting it right. If this country’s prison system is worth anything, we must also address rehabilitation so that the people who commit these crimes are put back on the right path. Let us not kid ourselves by arguing about abstract things. Knife crime is a cause of concern and I agree with the new clause.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

This group covers several issues, but let me start with the Government new clauses and amendments. New clause 44 creates a new offence of police corruption. Police officers ensure our safety in the Palace of Westminster, and they put their lives on the line every time they go out on patrol. Many police officers regularly serve the public bravely up and down the country, but as my right hon. Friend the Home Secretary said on 6 March, the findings of Mark Ellison’s review of the investigation of the murder of Stephen Lawrence are “profoundly shocking” and

“will be of grave concern to everyone in the House and beyond”.—[Official Report, 6 March 2014; Vol. 576, c. 1063.]

The public expect the police to act with honesty and integrity at all times, which is why the Government are introducing a range of measures to improve both the integrity and the transparency of the police. In the small number of cases where police officers fall short of the high standards we expect, it is right that the full force of the criminal law is available to punish and deter acts of corruption or other improper exercise of power.

Police corruption is currently dealt with in the criminal law as part of the common law offence of misconduct in public office. Although the number of prosecutions for misconduct in public office has increased in recent years, they have spanned a range of occupations, not just police officers. This Government believe that the British public expect on-duty police officers, as the guardians of the law and the Queen’s peace, to conduct themselves to a higher standard than other public servants. If police officers fail to conduct themselves to those high standards, it is right that we should seek to uphold that higher standard by means of the criminal law.

We believe that the best way to do that is to create a new offence of police corruption that applies solely to police officers, alongside the existing broader common law offence. The new offence will be triable only in the Crown court, and it will carry a maximum sentence of 14 years’ imprisonment. It will send a clear message that police corruption is serious, and that Parliament has expressly set a high maximum sentence for those convicted.

We have deliberately cast the behaviour covered by the new offence more broadly than the existing common law offence to ensure that it catches all acts of corrupt or other improper exercise of police powers and privileges. For example, were an officer deliberately to focus lines of inquiry away from a suspect with whom he had a corrupt relationship, such as by arresting a person they knew to be innocent, they would commit the offence. The offence applies whether or not the benefit or detriment came about, and regardless of whether the officer was on duty at the time of the corrupt behaviour. It covers cases where an officer fails to act for a purpose that is improper, such as if the officer knows that a suspect did not commit a crime, but conceals that knowledge because of an improper relationship with the person who committed it. It also applies where an officer threatens to act or not to act, and that threat is made for an improper purpose.

Amendments 45 and 46 are minor consequential amendments to the Bill’s extent and long title that arise from new clause 44.

New clauses 45 to 50 and new schedule 2 introduce new criminal offences of ill-treatment or wilful neglect by an individual care worker, and ill-treatment or wilful neglect of someone following a gross breach of a relevant duty of care by a care provider. The House will well remember the appalling events that occurred at Mid Staffordshire NHS Foundation Trust. Much work has been put in train since February last year, when Sir Robert Francis published the final report of the public inquiry into those events, including the establishment of several reviews into specific issues.

The inquiry on patient safety, led by Professor Don Berwick, identified a small but significant gap in the existing legislation. It recommended the creation of a new offence of ill-treatment or wilful neglect to fill that gap. Of course, no sort of ill-treatment or wilful neglect of patients or those receiving social care is ever acceptable. Yet at the moment, no matter how egregious the conduct, prosecutions are difficult to pursue unless the victim either lacks capacity, is subject to the provisions of the Mental Health Act 1983, or is a child to whom section 1 of the Children and Young Persons Act 1933 applies. That means that a significant group of patients and service users are denied the protection of an offence directed explicitly at ill-treatment or wilful neglect by those entrusted with their care, both individuals and organisations. There is a range of existing legislative and regulatory safeguards that may apply in some cases, but we share the view that they are not sufficient to cover all the situations that might arise from ill-treatment or wilful neglect.

Criminal Justice and Courts Bill

Debate between Jeremy Wright and Susan Elan Jones

Monday 12th May 2014 Commons Chamber

[Jeremy Wright]

I entirely understand the right hon. Gentleman’s concern and I will come on to talk about the proposal we have for a wider review of sentencing in driving cases. He may well wish to make further submissions on the points he has made for inclusion in that review. A number of issues have already been raised which we think can sensibly be discussed in the course of that review, and I am sure there are some yet to be raised.

[Susan Elan Jones (Clwyd South) (Lab)]

Can the Minister explain why being unlicensed was not included in this proposal? If one is unlicensed, one undoubtedly knows one is unlicensed, so why were such people taken out of this?

[Jeremy Wright]

I appreciate that this is a matter of judgment in all cases, but the distinction we have made is between those who have been disqualified by a court—in other words, they are subject to a court order—and have none the less gone on to drive, and those who are driving unlicensed, and, as the hon. Lady says, doing so knowingly, but not as a consequence of a court’s decision. That is the distinction we make, but I know she takes a considerable interest in driving offences and their consequences, and I am sure she will wish to engage with the review we will begin.

Dangerous Driving

Debate between Jeremy Wright and Susan Elan Jones

Monday 27th January 2014 Commons Chamber

[Jeremy Wright]

We have striven to ensure that disqualifications, wherever they take place, are reflected in the knowledge of the courts here. I am sure that I will be able to give the hon. Gentleman more specific reassurance in writing, but I am confident that what he says is correct. I am sure that those of us on this side of the water would want to know about disqualifications on the other side.

[Susan Elan Jones]

When does the Minister expect the review to be completed? Given what he said earlier, may I ask whether there would be room in the legislative timetable if we needed to reconsider the maximum penalties?

[Jeremy Wright]

As I said earlier, the review of sentencing guidelines that the Sentencing Council has been asked to conduct is not a review of maximum penalties, which it would be for the Government to consider. The Government will certainly consider all that has been said today, including what has been said by Members on both sides of the House about maximum penalties. We would need to ensure that any work done by the Sentencing Council was co-ordinated with what the Government were doing.

We will, of course, make every effort to make legislative time available for measures that we believe are urgent. Having emerged blinking into the daylight from the usual channels into my current job, I know better than to commit parliamentary time for any purpose, but I will make every effort to ensure that when we believe that there is a good case for change, space will be found.

Even in the context of this very worthwhile debate, we should take account of figures released by the Department for Transport. According to those figures, between 2011 and 2012 the number of people killed in road accidents reported to the police fell by 7.7%, to 1,754. That is the lowest figure on record. The number of casualties fell by 4%, and there was also a fall in the number of people who were seriously injured. That does not, of course, mean that there is any room for complacency. Every death and every serious injury is a tragedy, and it remains vital for us to reduce the number of people who are killed and seriously injured on our roads. I agree with the hon. Member for Bolton West (Julie Hilling) that we must think about education as well as enforcement. There is a great deal more to be said about that, but it will not fit neatly within the confines of this debate.

As I have said, we are continuing to look closely at the legislative framework relating to serious driving offences, and we are considering whether the current maximum penalties reflect the seriousness of offending behaviour. I have listened carefully to what has been said this evening, and I will consider it all further. I entirely understand the calls for urgency that we heard from, for example, my hon. Friends the Members for Gloucester (Richard Graham) and for Leeds North West, but I am also conscious of what I consider to be the wise advice of my hon. Friend the Member for Rochford and Southend East. It is important for us to consider these matters in the round, and to do so in a way that does not create discrepancies in the sentencing system. We must ensure that we understand fully how we can adapt our sentencing practice to deal with cases such as the many terrible ones that have been raised this evening, and to deal fairly and sensibly with driving offences such as those that we have discussed.

I am grateful for the opportunity to speak in the debate, and even more grateful for the excellent way in which Members have approached the subject. I will consider carefully what they have said.

Oral Answers to Questions

Debate between Jeremy Wright and Susan Elan Jones

Tuesday 8th October 2013 Commons Chamber

[Susan Elan Jones (Clwyd South) (Lab)]

T6. In light of the announcement of a new prison for male prisoners in north Wales, will the Justice Secretary assure me that he will re-examine the provision for female prisoners, given the inordinate distance to travel to HMP Styal?

[Jeremy Wright]

I am going to sound like a stuck record at this rate, but I am afraid that I must tell the hon. Lady what I have told others earlier. She knows that we are looking at the female custodial estate, and one of the reasons why are doing so is, as she mentioned, the distances travelled by visitors, family and friends to visit people in custody. We will announce—in a relatively short time, I hope—what we intend to do, and she will see how we attempt to address the point she raises.