36 Jim Shannon debates involving the Attorney General

Mon 12th Jun 2023
Retained EU Law (Revocation and Reform) Bill
Commons Chamber

Consideration of Lords messageConsideration of Lords Message
Wed 23rd Nov 2022
Wed 24th Feb 2021
Covert Human Intelligence Sources (Criminal Conduct) Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments
Mon 22nd Jun 2020
Extradition (Provisional Arrest) Bill [Lords]
Commons Chamber

2nd reading & Programme motion: House of Commons & 2nd reading & 2nd reading: House of Commons & Programme motion & Programme motion: House of Commons & Programme motion & 2nd reading & Programme motion

UK Military Action in Iraq: Declassified Documents

Jim Shannon Excerpts
Wednesday 13th December 2023

(4 months, 2 weeks ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - -

First, I thank the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) for setting the scene so well. I also thank him—I spoke to him beforehand—for his focus, quite clearly, on the truth of the matter and the sacrifice of those who gave their lives. Some of their families, I understand, are in the Gallery today. I convey my sincere sympathies and thoughts to those who lost loved ones and live with the pain of that loss. The hon. Gentleman said that incredibly well in his contribution, and I thank him for that. I know that others will focus on that as well.

As we are all well aware, in April 2023, Declassified UK, a media organisation that focuses on the work of the British military and intelligence agencies, published an article about classified documents that are now declassified. It said, and indeed suggests, that the Prime Minister, Tony Blair, was informed that military action was unlawful without UN authorisation, but proceeded with Operation Desert Fox in Iraq in 1998 none the less. I well remember at that time that we had been dealing with the fallout of the troubles, and I did not relish the thought of war, yet I was also mindful that evil triumphs where good men do nothing. I declare an interest as a former solider: for the record, I served in the Ulster Defence Regiment and the Royal Artillery for some 14 and a half years. I enjoyed the service, but I should put that on the record as I speak about these things.

I have not had a chance to read the reports in their entirety, but I have read a number of articles on the issue, and it is clear that things were withheld from the public. In Northern Ireland, there is a circumstance that we are all too familiar with. The taste left in people’s mouths when they see the difference between their lived memory of a timeline, which I and others lived through, and the events and facts behind the scenes is not a good taste. The declassified British documents in the National Archives appear to show that Blair was already set on taking military action against Saddam Hussein’s regime throughout 1998, in the absence of legal arguments to justify it. I find that difficult to grasp, yet I know that sometimes open information is not the same as intelligence passed on. I am loth to comment too deeply on the matter, as I am also aware that documentation does not accurately cover what I lived through in Northern Ireland either.

I will state clearly that opinions on whether Blair’s Government took the right steps in 1998 on the right information do not alter the irrefutable fact that our armed forces acted with dignity, and our pride in them and their actions must be clear. We cannot allow those who have sought to undermine our armed forces for so many years to grasp these documents as part of their war on the honour and integrity of our armed forces personnel.

Forgive me, Mr Dowd, but I omitted to welcome the Minister to his place. He has been in post the past week or thereabouts, perhaps less, and I want to wish him well. He has been a good friend of mine—of us all, by the way—over the years. I very much look forward to what he will say. I also look forward to the contribution of the shadow Minister, the hon. Member for Kingston upon Hull East (Karl Turner), because he is a man I have known for a long time and I value his contributions.

To go back to the subject, the presence of our military, our armed forces, was called for by their Government. Their conduct was regimented and measured, and their names must retain our sincere thanks and appreciation. I believe that that must be clear in this debate, regardless of anyone’s opinion of Blair’s decisions and the documentation. If anyone feels that what we now know about the intelligence should call into question the need for the war, we should remember that the presence of the armed forces is not something that can ever be questioned or ever be in doubt. I know that hon. Members all agree with me when I say that.

The deaths of those young men and women were not in vain. The actions they took and the position that our Government put them in lives with them to this very day and they were right and proper. We remain proud of their contributions and actions. History must never forget. It reminds us all of their contribution, their service and their sacrifice. Again, I commend the hon. Member for Kirkcaldy and Cowdenbeath for securing the debate, and to those in the Public Gallery who lost loved ones, my sincere commiserations.

Dangerous Driving: Unduly Lenient Sentence Scheme

Jim Shannon Excerpts
Tuesday 7th November 2023

(5 months, 3 weeks ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
James Wild Portrait James Wild (North West Norfolk) (Con)
- View Speech - Hansard - - - Excerpts

On the evening of 15 January this year, Paul Carter, his wife Lisa, and Jade Mace—Lisa’s daughter from her first marriage—were killed when Aurelijus Cielevicius crashed his car into theirs. Three innocent lives were ended. I stand here this evening to speak on behalf of my constituent Summer Mace, who lost her mum, sister and stepfather on that awful evening, and her family and friends who provided 28 victim personal statements to the court.

I have met Summer and her father, and heard just a little bit about the terrible impact that this crime has had on them and their wider family and friends. The facts of the case are shocking. The offender’s speed was so excessive that when he passed a police officer in a marked police vehicle in a layby, the officer was unable to note the registration number. Prior to the crash, he went through two red lights, almost causing another collision, and crossed solid white no-overtaking lines on multiple occasions. Other motorists on the road that night said that he was travelling at speeds of 100 mph and struggling to stay in control of the vehicle, including when the crash happened, where he was on the wrong side of the road and unable to get back to the left-hand lane. All of that was while he was on a cocktail of drugs, including being 15 times over the limit after taking crystal meth, and with high levels of cannabis in his system.

The family told me that CCTV shows Cielevicius driving through red lights with blue lights visible in the background, although the judge did not accept that he knew he was being followed by the police at the time of the crash. The collision investigator estimates that when the driver crashed into the other vehicle head-on, killing Paul, Lisa, and Jade, he was travelling at 91 mph. He was only slightly injured. On 20 June, Cielevicius was convicted of three counts of causing death by dangerous driving. It is unacceptable that, after a guilty plea was taken into account, this offender was sentenced to only 10 and a half years for killing three people.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- View Speech - Hansard - -

I commend the hon. Gentleman for securing this debate. The hon. Gentleman mentioned that this person was under the influence of drugs. My question is probably one for the Minister, through the hon. Gentleman. Although the Government place great emphasis on tackling those who are over the limit for alcohol, perhaps they do not place the same emphasis on drugs. In my constituency, the availability of drugs seems to be growing by the day. With that in mind, does the hon. Gentleman believe that the Government and the police need to place greater emphasis on testing and catching drivers who are under the influence of drugs, thereby reducing accidents?

James Wild Portrait James Wild
- View Speech - Hansard - - - Excerpts

I completely agree with the hon. Gentleman. We are all familiar with the annual Christmas drink-driving campaigns and other campaigns throughout the year, and I think Norfolk Constabulary has also done some drug-testing campaigns. I encourage other police forces to do the same, because it is not just about alcohol; it is also about drugs, as in this case.

The primary purpose of tonight’s debate is to highlight the serious issues raised by this case with sentencing and the unduly lenient sentence scheme, as well as to propose some changes to the criminal justice system. In the Government’s Police, Crime, Sentencing and Courts Act 2022, Parliament legislated to increase the maximum sentence for this offence from 14 years to life imprisonment. We did that to reflect the devastation that such crimes inflict. As Summer wrote in a petition calling for change in our criminal justice system:

“My family were given a life sentence the day that man killed my loved ones. A life sentence that I will never be released from. On 15th January, he killed our future lives, thoughts and hopes—as we have none without them.”

Summer and her family cannot understand why the life sentence they have been dealt has not been imposed on this offender. The petition that Summer organised has been signed by over 13,000 people, and the family are working alongside other families and charities such as RoadPeace, with its “Fix our Broken Justice System” campaign, to try to make a difference.

Retained EU Law (Revocation and Reform) Bill

Jim Shannon Excerpts
Robert Buckland Portrait Sir Robert Buckland
- Hansard - - - Excerpts

No, we are not going to do that today, but I will end on this basis: my hon. Friend knows I am right.

In my next breath, I want to violently agree with my hon. Friend about his work on the dashboard and the amendment that we now have to make a particular tweak to Lords amendment 16. I entirely support the new clause under Lords amendment 16. The dashboard has been a source of much concern in recent months, which was then reflected by the Secretary of State’s wise decision to change course. That dashboard has to be authoritative, so I am glad to see it in law, but it now needs to work. We need to make sure that it is populated, that the National Archives is very much part of it, that we are not given any more surprises and—my hon. and learned Friend the Minister will get this—that we do not end up with repeal by accident, which is bad for the rule of law, bad for certainty and bad for investment. We all agree on that.

To deal in short order with Lords amendment 15, with the best will in the world, on one level, it seems to be a sincere attempt to reflect the legitimate aspirations of the British people about food and environmental standards. Frankly, they are the aspirations of the British Government, too. It is not right to say that at any time, any Minister on the Treasury Bench under this Government has said that they want to use the Bill as an attempt to railroad the undermining of strict environmental protection and food standards. One therefore has to ask: what is the purpose of this particular amendment? Some of its purpose I am afraid is nakedly political. It seeks to make a political point that imputes to this Government a motive that they just do not have. In addition, it is beset by problems. The particular way in which it is structured, and the requirements for consultation in particular, seem to me to be a litigator’s paradise.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - -

On the point about the environment and how important it is, the right hon. and learned Gentleman will have got the same circular as the rest of us. It states:

“Many of the laws that could be weakened using the powers contained in the Bill as currently drafted are vital to nature’s recovery. They help improve the quality of our rivers and coasts, keep dangerous chemical use at bay, and protect some of our rarest and most important habitats and species.”

Does he believe that the Minister is going to deliver on that? I think he will, but does the right hon. and learned Gentleman think that as well?

Robert Buckland Portrait Sir Robert Buckland
- Hansard - - - Excerpts

Well, answer that! I entirely agree with the hon. Member. There is no evidence at all that this Government seek to take a different course from their stated aim of protecting world-leading environmental protection and food standards. Therefore, we have to ask what the purpose of Lords amendment 15 is. It seems to me that many parts to the amendment would give rise to a significant amount of litigation. I do not think that is at all what the drafters of the amendment want, and it certainly does not help with regard to clarity of the law.

That brings me to new Lords amendment 16C, which, with absolute candour, seems to me to be a step back by their lordships from the previous iteration of that amendment. It is now narrowed down just to clause 15. I understand the concerns that the noble Lords have about the use of the power in clause 15 because it is, on the face of it, a dramatic power that the Government would have. On one level, the power of revocation seems to me to be welcome. I note within it particular caveats about the creation of new functions, particularly the creation of criminal offences. There has been a long-established convention about the use of such powers, and we all have a concern about the creation of criminal offences that are more serious than ones they seek to replace or, indeed, are serious new offences. I note the taxation and public authority restrictions as well, so a lot of the normal restrictions are built into the provision, which are welcome.

What the noble Lords are asking for is more reassurance about the process. I do not criticise them at all for that, because it does not seem unreasonable to me that there should be at least some process, particularly when new regulations are being created. I would gently press the Minister to consider that discrete point. It may well be, in response to anything that I or other hon. Members say, that he has an opportunity to enlarge on that. It does seem to me not unreasonable to ask for that further check and balance. I do not think it is the sort of unwelcome additional bureaucracy that perhaps he and others are concerned about. Fundamentally, we have a duty as parliamentarians to protect the role of this place in particular in the scrutiny of the passage of important new regulations, whatever form they may take.

If we take Brexit out of this and take the temperature right down, I do not think that is an unreasonable point at all. I do not accept the characterisation that a number of noble Lords are embarking upon some mission here to frustrate the approach that the Government are taking in the Bill. It is a Bill I have supported, and a Bill I have said is absolutely necessary as a special mechanism to deal with retained EU law. We all agreed that this was a particular area of law that needed to be held in suspense and then looked at carefully in its individual parts. Lords amendment 16C does seem to me to reflect that and respect that. The other two matters I have dealt with, and I am more than satisfied with the Minister’s response to that, but I do press him on that particular aspect and that particular amendment. I will not trouble the House any further.

Oral Answers to Questions

Jim Shannon Excerpts
Wednesday 1st February 2023

(1 year, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Victoria Prentis Portrait The Attorney General
- Hansard - - - Excerpts

I thank my hon. Friend for her question. She is always a great advocate for vulnerable people. Operation Soteria is focused on delivering cultural transformation in the investigation of rape offences. It looks to ensure that the victim is well supported and the case thoroughly investigated. I was glad to see joint working between the police and CPS when I visited Leeds last Friday. They are working closely together and, crucially, with support services such as independent sexual violence advisers to make sure we really deliver for victims.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - -

A recent revelation in Northern Ireland is that a man was punished with 140 hours of community service after domestically assaulting his wife on two different occasions. What steps will the Attorney General take to ensure that harsher sentences are given to those guilty of inflicting violence on women? We need harsher sentences.

Victoria Prentis Portrait The Attorney General
- Hansard - - - Excerpts

I thank the hon. Gentleman for raising that important case. Sentencing is, of course, a matter for the independent judiciary, the Ministry of Justice and the Sentencing Council. I know that he shares the Government’s desire to do all we can to make sure that the victims of violence against women and girls get justice.

Oral Answers to Questions

Jim Shannon Excerpts
Wednesday 7th December 2022

(1 year, 4 months ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Victoria Prentis Portrait The Attorney General
- View Speech - Hansard - - - Excerpts

As I said earlier, it is important that we work closely with the French authorities to ensure that prosecutions can take place on both sides of the channel, and that we stamp out this illegal activity.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- View Speech - Hansard - -

In November, the Police Service of Northern Ireland raided 27 brothels in Northern Ireland in what it described as the biggest operation against people trafficking that it had carried out so far. An organised crime group was smuggling people into both Northern Ireland and the Republic. What discussions has the Minister had with the PSNI about trafficking in Northern Ireland, and will she devote time to tackling this UK-wide problem with the PSNI?

Victoria Prentis Portrait The Attorney General
- View Speech - Hansard - - - Excerpts

The hon. Gentleman always asks important questions, as he has done on this occasion. The prosecutors have been working closely with all law enforcement agencies to provide early advice in modern slavery cases, which has itself led to an increase in evidence-led prosecutions, and I look forward to working more closely on this issue with the hon. Gentleman in the future.

Unduly Lenient Sentence Scheme

Jim Shannon Excerpts
Wednesday 23rd November 2022

(1 year, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Jonathan Gullis Portrait Jonathan Gullis (Stoke-on-Trent North) (Con)
- View Speech - Hansard - - - Excerpts

On 19 June 2021, the Stoke-on-Trent North, Kidsgrove and Talke community was rocked when it learned of the tragic death of six-year-old Sharlotte-Sky. Sharlotte was killed when John Owen hit her with his car on Endon Road in Norton Green on that fateful day. John Owen was twice over the drink-drive limit, had a series of drugs in his system, was using a mobile phone, had no seatbelt on, and was speeding. Sharlotte was on the pavement with her father, who was also struck. She was on the way to get some sweets for a girls’ night with her mother. This unforgivable and selfish act has taken away a precious young life, left a family broken and scarred a community. It was an event that shocked the entire city of Stoke-on-Trent, with hundreds of people lining the streets for Sharlotte’s funeral in an outpouring of profound grief.

Since that horrific night, I have been working with Sharlotte’s brave and inspiring mother, Claire Reynolds—she is in the Public Gallery alongside Sharlotte’s grandfather —The Sentinel and her friends to get the justice they rightfully deserve. Before I speak about why I join Claire and the Stoke-on-Trent community in wanting Mr Owen’s sentence increased so that justice can rightfully be served, I want to take a moment to promote the idea of Sharlotte’s law.

Mr Owen caused much distress by prolonging the investigation into Sharlotte’s death, to exploit, in my opinion, loopholes in our justice system. Mr Owen was in a coma when the investigation began, and the law brought about significant problems. Legally, blood samples can be taken without a suspect’s consent yet not subject to a test until consent is given. Therefore, in such situations, the investigation is delayed until consent is received. The current law addressing that is section 7A of the Road Traffic Act 1988. Subsection (4) outlines three criteria that must be met to test a blood sample, one of which is the person providing their consent.

I understand from subsection (6) that

“A person who…fails to give his permission for a laboratory test of a specimen of blood”

without a reasonable excuse is, under section 7A,

“guilty of an offence.”

It therefore seems that consent is simply a formality. Effectively, anything other than providing permission would constitute an offence. The law protracted the investigation into Mr Owen and caused knock-on delays in moving the case forward. Claire has been so brave, sharing her struggles with not just me but the local press, too. She has been battling her own mental health problems that have no doubt been exacerbated by the delays and issues brought about by this law.

It seems simple to me. If we are to free up police time and resources, testing blood samples should be happening regardless of consent, in order to get answers. If a suspect has nothing to fear, why would they object to testing? Claire is adamant and defiant that Sharlotte’s death and the torment her family went through will not be for nothing. She wants to see the consent law scrapped where loss of life has occurred due to a collision with a motor vehicle.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- View Speech - Hansard - -

I commend the hon. Gentleman for his assiduousness in looking after his constituents. He has done that since he first came to this place and he continues to do so. I fully and wholeheartedly support what he puts forward. When it comes to justice and victims, the victims should be the priority. Those who are guilty, even at an early stage, of not giving a blood sample should be advised that there is no other option—they must give it. Does he agree?

Jonathan Gullis Portrait Jonathan Gullis
- View Speech - Hansard - - - Excerpts

I thank my hon. Friend for his intervention. I could not agree with him more and I thank him for his kind words. I have rehearsed this speech a few times, hoping not to get teary. It is quite difficult. He is right that people should not fear the law if they have not done anything wrong. A six-year-old should not have lost her life. Worst of all, she should not have had her killer sentenced to only two and a half years in prison. That is not justice.

I have pursued this disparity in the law with parliamentary colleagues and raised it in the House multiple times. I have met officials and made a submission to the Department for Transport’s call for evidence on drug driving. I am seeking support from Ministers to implement Sharlotte’s law. Obviously, I will cheekily use this opportunity to see if the Solicitor General, my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), will add his name to that call.

The main purpose for holding this debate today is to consider the unduly lenient sentence scheme. On 4 October 2022, John Owen was sentenced to six years and four months in prison, with the most shocking revelation being that Mr Owen would only spend two and a half years behind bars. Considering that Judge Glenn told Mr Owen that he was

“an accident waiting to happen”,

that rubs salt into the wounds of Sharlotte’s family. The whole north Staffordshire community, myself and most importantly Claire and Sharlotte’s family are rightly outraged at this insultingly lenient sentence, which means that John Owen will have served less time than the young life he has taken.

With Claire’s support, I wrote to the Attorney General, who at the time was my right hon. and learned Friend the Member for Northampton North (Michael Ellis), to seek to have the sentence challenged as part of the unduly lenient sentence scheme. Regrettably, the initial response I received from the Solicitor General failed to answer some of the questions I raised about the insulting sentencing of John Owen. I therefore re-wrote to the now Attorney General, my right hon. Friend the Member for Banbury (Victoria Prentis), seeking clarification on several points.

On researching sentences for deaths by dangerous driving, I uncovered that there are categories that judges use as a guideline to determine for how long an offender is sentenced. While Judge Glenn correctly placed Mr Owen in category 1, the highest and most serious category, it is incredibly disappointing that the sentence passed is at the lower end of the spectrum. Category 1 is anywhere between eight and 14 years. Judge Glenn sentenced Sharlotte’s killer to nine and a half years, before giving a third off to Mr Owen, who had, by some cold legal definition, given a guilty plea at the “earliest opportunity”. In reality, he had exhausted scapegoating the idea he was unfit to stand trial.

After my meeting with the Solicitor General, it became clearer that the sentence could have been higher if the following “aggravating factors” had been involved: multiple deaths; if the vehicle was stolen; if the driver had a previous history of bad driving; or if the driver fled the scene. In Sharlotte’s case, none of those applies. However, if John Owen having been drinking and on drugs does not act as a severe aggravating factor, and display a complete disregard for others’ lives and a willingness selfishly to endanger life such that a six-year-old girl was killed as she walked along the pavement in her home village of Norton Green, victims like Claire will continue to be failed by our justice system.

It is well documented from John Owen’s friends that he was drinking earlier on in the day and chose to get in the car, with complete contempt for life. That sheer selfishness should be an aggravating factor. It demonstrates that, despite his friends’ protests, he neglected the fact that he was not fit to drive and made an active choice to get behind the wheel. The devastating fact is that he simply did not care and then went on to kill a beautiful young girl.

Jim Shannon Portrait Jim Shannon
- View Speech - Hansard - -

It is fairly obvious to everyone in the House that this is a very difficult experience for the hon. Gentleman and for the family, who are in the Gallery. I suspect that he is seeking a change to ensure that the law is sufficient when it comes to a blood test. He referred to aggravation and how the person disregarded the family and their feelings. We in this House unite with our friend and colleague to fully support him and what he proposes. In particular, on behalf of the family, who are here, I salute him—well done.

Jonathan Gullis Portrait Jonathan Gullis
- View Speech - Hansard - - - Excerpts

I am very grateful to my hon. Friend. The impact of Sharlotte’s death is impossible to overestimate. I have already explained the deeply saddening impact that it has had on Sharlotte’s immediate family. However, it has also had a huge effect on the local community.

The killing of an innocent child in such tragic circumstances comes with a set of exceptional impacts on the children around Sharlotte, which are unlikely to be felt in cases not involving the death of a child. Sharlotte’s classmates and children in the local community have been left with lasting effects, to the point where some have required specialist counselling and have been left scared to walk at the sides of busy roads. Sharlotte’s death will stay with these children long into adulthood, and I am staggered that that would not also have been considered as part of the sentencing.

In addition, I raised the legal ambiguities surrounding John Owen’s guilty plea. Mr Owen pleaded guilty long after he killed Sharlotte, in May 2022, when the report came back and demonstrated overwhelming evidence against him, including that he was under the influence of alcohol and drugs. Mr Owen did not plead guilty until that report was produced; he could have done that far earlier. Legally, he pleaded guilty at the “earliest possible” moment, but given the lengthy delay and ample opportunity, I do not believe that that should entitle him to the whole one-third reduction in his sentence. I feel the law should consider that with more nuance. It is totally different to plead guilty as soon as possible compared with as soon as “legally possible”.

By definition, the unduly lenient sentence scheme allows the Attorney General to refer a sentence to the Court of Appeal if it is too low. However, it appears that the scheme is practically useless if a case such as this one cannot be at least reviewed. The parameters to get a case reviewed by the Court of Appeal must be extraordinary. That, for me, brings into question the relevance of the scheme. I must ask: what is the point of it, considering that, as a Member of Parliament, I cannot help to get this truly harrowing miscarriage of justice at least appealed? Claire and I were no less than astonished by the Attorney General’s response, which ignored all my further questions. It feels as though the legal system did not care that a mother and a whole community felt completely let down by the law that is supposed to protect them.

To touch on the local actions following Sharlotte’s death, those should serve as an example to the Attorney General about how things must be adapted in response to such an emotive case. Local ward councillors for the area, such as Councillor Dave Evans and Councillor Carl Edwards, have been pushing for traffic-calming measures on Endon Road for many years. It is tragic that it has taken the death of a six-year-old girl for there to be a signalised pedestrian crossing, intermittent speed humps and more markings, but it shows a fundamental recognition that changes were needed following this tragedy—a concept that I advise the Attorney General and the Government to think about. Councillors are also pushing for a weight limit on the road to stop the HGV rat run; I hope that Staffordshire County Council and Stoke-on-Trent City Council can work together to agree on that limit as soon as possible. I would like personally to thank Councillor Carl Edwards, Councillor Dave Evans, Norton Green Residents Association and the local community for their hard work in pushing for road safety in the area.

I am grateful for the Solicitor General agreeing to meet me, following our correspondence, and pleased that our meeting was constructive. During the meeting, he and I discussed gross errors. In legal terms, a gross error is when a judge incorrectly misapplies the law, for example by placing a defendant in the wrong category. Understandably, the Solicitor General argued that the case could not be referred to the Court of Appeal because no gross error had been made. That effectively means that if a judge puts a defendant in the right category, there is no way to argue that the sentence is too lenient.

I believe that that is far too simplistic. It fails to consider that a category 1 sentence can range from eight to 14 years—a substantial difference that would have had a huge impact on the perception of the case. If, for example, the case had been referred to the Court of Appeal and John Owen’s sentence had been extended to the maximum 14 years, it would be perceived to be far more rigorous. However, because the gross error clause only allows cases in the wrong category to be referred, we were unable to bring Sharlotte’s killer to the real justice that he deserves.

It was a huge disappointment to hear that, especially considering that the Solicitor General and I both voted for the Police, Crime, Sentencing and Courts Act 2022, which takes a more robust approach to causing death by dangerous driving—indeed, it extends the maximum sentence way above 14 years. In my view, this sentence undermines the Act’s more rigorous stance on causing death by dangerous driving. Although I accept that that cannot be retrospectively applied to Mr Owen, it does not deter those who might think it sensible to get in their car under the influence of drugs and/or alcohol.

The experience also raises obvious questions about the application of the new law by judges. If Judge Glenn arrived at this insulting sentence within the current parameters, I am not at all confident that a similar sentence would not be issued even under the changes that we have made in this House. I was hugely grateful to the Lord Chancellor for agreeing at Justice questions yesterday to meet Claire and me to discuss sentencing guidelines and try to ensure no other family feels let down by the justice system again.

Ultimately, it is without question that the difficulties that Claire has had in bringing the killer of her six-year-old daughter to justice are wholly unacceptable. There are significant nuances in the law that allowed Mr Owen to prolong the case significantly, yet unnecessarily. That meant that the case dragged on for too long, which has had devastating consequences for Claire and her family. More importantly, it is still my view and that of the Stoke-on-Trent community that John Owen’s sentence is shockingly lenient, considering what he did. The law clearly works in favour of the killer, not the victim—that is the message that I am hearing in the streets of Stoke-on-Trent North, Kidsgrove and Talke. As I said, John Owen is likely to spend only two and a half years in prison. That is simply nowhere near enough time behind bars, considering the consequences of his selfishness.

For all the nuanced, sophisticated legal arguments that the Solicitor General is forced to put forward, it is impossible to ignore the real consequences of what John Owen did on that day in June last year. After consuming far too much alcohol to drive, along with cocaine, he recklessly and selfishly decided that the law did not apply to him and got in his car. By taking that demonstrably thoughtless decision, he killed an innocent six-year-old girl. In my mind, that is one of the worst crimes imaginable.

Over the past year, Claire’s courage in the face of unimaginable adversity has been humbling. She will not stop until the man who killed her daughter is punished properly for the abhorrent crime that he committed. I will join her in that fight, on every step of the way.

Criminal Justice System: Families Bereaved by Public Disasters

Jim Shannon Excerpts
Thursday 16th September 2021

(2 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- View Speech - Hansard - -

Thank you, Mr Deputy Speaker, for giving me the chance to participate. Just last Friday, the hon. Member for Garston and Halewood (Maria Eagle) was here for the consideration of private Members’ Bills and referred to this debate. I wanted to come along—I do not provide support to any of the victims as an MP—to convey from my point of view our understanding of what the debate means to everyone here today. None of us could fail to feel the sorrow, hurt, loss and raw pain that we have all heard here today. The hon. Lady has been a stalwart in putting this matter forward, and I wanted to come and support her, and I am here today to do just that, and I put it on record.

If I may, I will refer to the right hon. Member for Maidenhead (Mrs May). I am always impressed—I have said this to her, so it is not something she has not heard before—that she is on the Back Benches contributing to debates. I am impressed every time I come here and she does that, because it shows the depth of her and her commitment to the issues she brings forward. We should all be impressed by that, including the Conservative side.

This is a very sensitive topic, and I know there are people listening today who are members of families who have lost loved ones due to public disasters. Many out there will resonate with what those MPs who have spoken today have said, as well as with those who have spoken before and are not here now, and they will understand where the Bill needs to go. We look to the Government to respond positively. We all know—I have written down “96 Liverpool fans”, but as the hon. Member for Liverpool, Riverside (Kim Johnson) reminds me, it is now 97—that the impact goes long beyond the event. I remember well that awful day and the vivid scenes that took place afterwards.

The previous Justice Secretary stated that the Government would

“always consider opportunities to review the law”.—[Official Report, 10 June 2021; Vol. 696, c. 1128.]

Well, today is the day, and the House is asking for that to happen. However, given the devastating situations that families were left in as a result of what many families perceived to be Government inaction after the Hillsborough disaster, it is fair to say that a review of the current law is the minimum action that could be taken. Steps must be taken, as every hon. and right hon. Member has referred to, to ensure that this process is never repeated in any way and that the correct process takes place not only for victims, but the victims’ families who have been left behind.

The motion for this debate is clear. It calls for reforms that

“better respond to families bereaved by public disasters”.

I want to take a moment to reflect on an event in the past that also supports the claim for reforming the criminal justice system. I refer to the Omagh bombings of 1998. I also remember that day. It was a Saturday, and I always remember it very well. It was 15 August, and 29 people were killed.

George Howarth Portrait Sir George Howarth
- Hansard - - - Excerpts

The hon. Gentleman is right, as others have, to praise my hon. Friend the Member for Garston and Halewood (Maria Eagle). I add my thanks to the right hon. Member for Maidenhead (Mrs May) for all she has done to support the families. Does the hon. Gentleman agree that one of the major problems that has beset all this is the lack of a process that takes any account of the legitimate interests of those who either were bereaved or survived it? Does he therefore believe it is about time we put that right?

Jim Shannon Portrait Jim Shannon
- Hansard - -

I thank the right hon. Gentleman for intervening. Absolutely, we want to associate ourselves with those who lost loved ones in Liverpool and their pain. We in Northern Ireland have had the same pain for some 23 years from the Omagh bombings in particular.

After multiple court cases and futile arrests, there was no real closure for those poor families. My point is: this is not a Northern Ireland-based dig-up of history but another illustration of how there is, as the right hon. Gentleman said, a lack of justice and judicial support for the families of the victims. For 23 years, the families of the Omagh victims have had no closure and no explanation. The process that they have been through shows again that we need to do better by victims of public disasters.

Such disasters should be treated no differently from individual cases. The mark left behind is the same. The pain is the same. The long-lasting hurt is the same. The feeling of losing a loved one hurts all the same, and more effort needs to be put into reforming the system to ensure that there is a better response to the families of the victims. They have waited for something to happen, but nothing has happened. That could be done through communication and better liaison between families and the police, emergency services and, ultimately, the courts. I look to the Minister for a response.

The Public Advocate (No. 2) Bill would allow for better scrutiny for investigations. The hon. Member for Garston and Halewood said that, as did the right hon. Member for Maidenhead—everyone has said it. Perhaps I sometimes look at things simplistically, but it looks simple enough—so just do it. I fear that, all too often, victims are left in the dark, making the process more devastating. An independent advocate would allow for those all-important questions to be answered from the aftermath of a tragedy that is still raw. We have witnessed that in recent years with Grenfell, which other hon. Members referred to, and the Manchester Arena bombings. Many of us did not cry tears at that, for people we did not know, but for the victims, the tears, the sorrow and the hurt are the same, and we need to help the victims. They and their families should be at the forefront of legislation. The authorities have a moral duty to ensure that information and investigative movements are transparent to all victims’ families.

One of the most prominent duties of hon. Members in this House—we all do this, hopefully to the best of our abilities—is to represent our constituents. I stand up here for all who have suffered loss with no closure or justice at all. Unfortunately, Northern Ireland knows only too well about victims, and there is often little to no closure. As we have heard from right hon. and hon. Members, it is crucial that no negligence or wrongful information has the potential to dissipate relations further. I cannot fail to be angered about that; I want the response to be as it should.

The core element of the Public Advocate (No. 2) Bill is to ensure that things are done properly from the start. The hon. Member for Garston and Halewood has raised this issue in Parliament over a great many years—long before I came here—and I hope that consideration will be given to the Bill. I urge the Minister, to whom I look as a friend, to work collectively with the victims’ families. It is not enough, and moreover it is not fair, that it is down to the families to set out their own methods of support and victims support groups. The Government must do more to ensure that the pain that victims’ families go through is met with understanding and support. If we cannot give support to our grieving and vulnerable, we as a society are failing and we in this seat of democracy as MPs have failed. Today we want to take failure and make it success, so we look to our Minister to make that happen.

I support the hon. Member for Garston and Halewood and everyone who has spoken across the Chamber. I would just say this: to their repeated efforts to secure this support in legislation, I add my voice—as one who represents Strangford in Northern Ireland and does, I believe, understand the pain—as I do to the request they have put forward today. That request in this House today will help us all in this great United Kingdom of Great Britain and Northern Ireland and, on behalf of the victims and on behalf of the families, make sure that we can learn from past mistakes and simply, but most importantly, do it better.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Jim Shannon Excerpts
To conclude, I will support the Government today, but I urge the Minister to be mindful of the recommendations in Lords amendment 3. I also welcome the compromises in Lords amendment 4.
Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - -

May I say what a pleasure it is to follow the contributions made by right hon. and hon. Members so far? I put on record my thanks to the Minister and the Government for their efforts in bringing forward this legislation. In particular, I put on record my thanks to my hon. Friend the Member for Belfast East (Gavin Robinson) for his knowledgeable contribution to the formation of the Bill.

It is right and proper that a Bill to provide legislation of this magnitude and importance has had the scrutiny that it deserves. The Government’s proposed alternative to Lords amendment 3, providing for access to the criminal injuries compensation scheme, seeks to add a further layer of scrutiny and protection to ensure that there is no exception to the effect of a criminal conduct authorisation. Lords amendment 3B purports to provide for access to the scheme where appropriate.

It is clear from the to-ing and fro-ing that good legislation takes time, and it is my hope that that is what we have achieved today. The Government have set in place a Bill to defeat and disadvantage, internally, criminal and terrorist gangs—as the Minister said, those involved in drugs, guns and weapons and trafficking. I also welcome the direct focus on human rights, to which the Minister and other Members referred. I am greatly reassured that that is in the Bill.

Lords amendment 4 provides for safeguards for children and vulnerable adults—a matter that I have previously raised, along with others. I absolutely agree with and support the Government’s attempt to bring in the desire behind the amendment and, as the Minister said, include significant additional safeguards for authorisation in respect of the relevant groups. The Government have addressed that and brought forward the refinements necessary to safeguard children and vulnerable adults. They have done that in an operationally workable form and I fully support the amendment.

The Government and the Minister have stepped up, and I am very pleased. I put on record my thanks to the Royal Ulster Constabulary—the Police Service of Northern Ireland—the British Army and MI5 for protecting us. Many of us are here today, alive and breathing, because of their work, and we thank them for it.

Imran Ahmad Khan Portrait Imran Ahmad Khan (Wakefield) (Con) [V]
- Hansard - - - Excerpts

It is always a pleasure to follow my hon. Friend the Member for Strangford (Jim Shannon). The legislation that we are debating today is an act of avowal that ensures legitimacy, responsibility and co-ordination. Human agents—CHISs —remain a vital source of intelligence gathering, despite the rise of electronic surveillance. Human eyes and ears will always be critical in complementing other intelligence-gathering methods. Sometimes, only a CHIS on the inside can reveal the aims, intentions and actions of groups and individuals who seek to harm society. That view is widely accepted by experts.

Open and clear legislation in this matter will establish a more effective framework and reduce the collusion activities previously seen in locations such as Northern Ireland. Avoiding such situations requires an objective understanding of what went wrong in the past.

Given the importance of this legislation in allowing open and honest debate, it is important to take on board the points raised about safeguarding children. It is therefore vital that training and implementation are taken just as seriously as the legislation itself. Human error is an ever-present reality. We must ensure that systems are established that ensure that people are properly trained, equipped and supported in making difficult decisions and that a continuous improvement system is in place to investigate and learn from mistakes made, so that they are not repeated.

By way of example, let me point to the 2019 annual report of the Investigatory Powers Commissioner. The report highlights some good levels of conformity, including with juvenile CHIS handling. It also highlights good examples of training, as well as areas where training needs to be improved. I recommend that the Investigatory Powers Commissioner’s Office adds to its already good work by attempting to identify the reasons behind errors, including the human factors involved, so that corrective action can be more accurately identified.

This legislation goes to the heart of efforts to safeguard our communities. The Bill will set out a framework to help reduce collusion activities, such as those that happened in Northern Ireland, in which agents ended up complicit in murder. It is important to remember that oversight, training and improvement programmes help protect the safety and wellbeing of CHIS agents, especially those classified as juvenile or vulnerable.

Without these agents, we would all be far less safe. I wholeheartedly support them and thank them for their invaluable work, and I thank the Ministry of Justice for its work. I urge all Members to support this necessary Bill.

Extradition (Provisional Arrest) Bill [Lords]

Jim Shannon Excerpts
2nd reading & Programme motion: House of Commons & 2nd reading: House of Commons & Programme motion
Monday 22nd June 2020

(3 years, 10 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 106-TR-I Marshalled list for Third Reading (PDF) - (10 Jun 2020)
Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - -

I have spoken on the issue of extradition on a number of occasions in the House, as I seek to ensure that we have in place understandings to allow the extradition of terrorists to our shores, as well as reciprocal arrangements. I commend the Minister and our Government for presenting the Bill—well done to him for introducing it. He outlined an example of something that will not be able to happen again, and that is why it is good to have this extradition legislation in place.

I am grateful to the Lords for their amendments that introduce additional safeguards to the process of adding further territories in future. I have no doubt that there will be a need to do just that. This accurately reflects the concern about the possibility of countries with poor human rights records abusing the extradition system. We simply cannot allow that to take place, and the hon. Member for Wycombe (Mr Baker) outlined that well in his intervention.

It is clear that these initial countries—Australia, Canada, Lichtenstein, New Zealand, Switzerland and the USA, along with some other EU countries—will not abuse human rights, and we can be content to allow them to be included. However, the Lords amendments look to the future to ensure that, for example, while we might have trading deals with China, we would not be comfortable extraditing political prisoners there. The same can be said for many countries, and for many reasons, such as freedom of religion or belief. I chair the all-party group on international freedom of religion or belief, and I think of China’s human rights abuses of many people—of Christians, in particular, and of the Uyghur Muslims and Falun Gong. It is really a despicable country when it comes to human rights. This is an issue of grave concern to me, and we must ensure that we offer protections for those who face losing their life simply because they chose to follow Christ.

I further agree with the terms for the Brexit negotiations and I welcome a withdrawal based largely on the EAW, but including further grounds on which extradition can be refused. These include the right for parties to refuse to surrender their nationals, as well as a requirement of double criminality. The act for which the individual is sought must constitute an offence in both jurisdictions, but the parties can waive this requirement on a reciprocal basis for certain serious offences, and that has to be good news. Unlike the EAW, this waiver will be optional.

The Bill also provides for parties to refuse on a reciprocal basis to surrender individuals sought for political offences, with an exception of certain specified terrorist offences. I agree on all these matters. In Northern Ireland, we saw many years of terrorists fleeing from their crime and finding refuge in the Republic of Ireland, only to return to carry out further crimes. I have spoken in the House before about my cousin, Kenneth Smyth, who was a sergeant in the Ulster Defence Regiment, and his comrade, Daniel McCormick. Both were murdered on 10 December 1971. Those responsible escaped across the border and nobody ever made them accountable for their crimes. It is absolutely despicable and wrong. They may not have been made accountable in this world, but they will certainly be accountable in the next, and I look forward to that. Acts of terrorism cannot be excluded from any extradition policy. Indeed, they must be the foundation for it and that is why I look to Government for leadership and commitment, which clearly will be there.

I welcome the shadow Minister, the hon. Member for St Helens North (Conor McGinn), to his place. He and I have been good friends over the last few years and I am very pleased to see him there. Extradition is an essential part of any civilised country, and I believe that the foundations contained in the Bill allow effective extradition in all good conscience. I welcome the Bill.

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 13th February 2020

(4 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

I am sorry there is a dispute about the important matter of the score at Wrexham. To return to my hon. Friend’s substantive point, I pay tribute to his work on behalf of so many rural MPs on this important issue, and I will continue to work with the sector to ensure that the shared rural network is delivered. It would be inappropriate to comment on the detail of commercial negotiations, but if mobile network operators are unable to reach an agreement for any reason—I very much hope they will be able to—we will continue to explore all possible options, including rural roaming.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - -

What discussions have been held with the Northern Ireland Executive to ensure that the roll-out of the rural network programme—that began in this place, and is now continued by the Assembly, which is operating again—is on a par with the rest of the United Kingdom?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

The hon. Gentleman is right to say that when we talk about “levelling up”, it is vital that we bring all parts of the United Kingdom with us. I have already been to Northern Ireland to talk about this and other issues, not least the roll-out of the fibre network in Dundrum, which was impressive. We will continue those conversations to ensure that every aspect of the United Kingdom gets the broadband and mobile coverage it deserves.