CPS and Disability Hate Crime

Jim Shannon Excerpts
Tuesday 8th November 2016

(7 years, 6 months ago)

Westminster Hall
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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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May I say what a joy it is to follow the right hon. Member for Forest of Dean (Mr Harper)? We recall his energies as the Minister for Disabled People and thank him for the good work he put in. It is good to see him here contributing to the debate in a different capacity. It was also a pleasure to hear the hon. Member for Bootle (Peter Dowd) set the scene so well. This subject is close to my heart and to his, and to the hearts of all who are participating in today’s debate.

This issue has seen some traction recently. More people now understand that to discriminate or target someone due to disability is as bad as targeting someone due to race or religion. It is not acceptable. In this debate we are focusing on hate crimes targeted specifically at those who are disabled. It is just as despicable to pick on someone because of that as it is to pick on someone because of their race or religion. Section 146 of the Criminal Justice Act 2003 applies to sentencing when the court is considering the seriousness of an offence in which the offender, either at the time of committing the offence or immediately before or after doing so, demonstrated hostility towards the victim based on the victim’s physical or mental disability, or presumed disability; or the offence was motivated by hostility towards persons who have a physical or mental disability or a particular physical or mental disability.

How much those offences rile me personally and each every one of us in this House—those who have spoken before me and those who will speak after me. Such actions are horrible, despicable and clearly unacceptable. When we read about them in the press and in the media, or when we hear about them from constituents who tell us what happens to them, our response is to feel so angry. So again, I thank the hon. Gentleman for securing the debate and for giving us all the opportunity to participate in it.

In cases such as I mentioned, the court must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and must state that in open court. The amount by which the sentence will be increased will depend on the circumstances of the case and the seriousness of the aggravation. There has been an impetus to prosecute more such crimes to send a message, very clearly, that they will not be tolerated in decent society. Can the Solicitor General tell us how many such crimes have been prosecuted in the United Kingdom?

To imagine that someone would be targeted because of their disability is beyond despicable. For that reason, I welcome the news that the CPS has prosecuted a record number of hate crimes—15,442—in the past year, which is a 4.8% rise on the previous year of 2014-15.

Baroness Ritchie of Downpatrick Portrait Ms Ritchie
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The hon. Gentleman, my friend from my neighbouring constituency, is making a compelling case. Does he agree that the Government could demonstrate their commitment to tackling hate crime by publishing a response to the Law Commission’s 2014 consultation paper, which considered extending existing offences? We would like to hear from the Solicitor General on that.

Jim Shannon Portrait Jim Shannon
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I thank the hon. Lady, who is a friend as well, for her intervention. She has outlined the issue clearly, and I hope that the Minister responds to her point.

The number of prosecutions for the year 2014-15 marked a 4.7% increase on 2013-14, so there has been an increase in the number of prosecutions for the past three years, which indicates that there is a commitment from the Minister’s Department and the CPS to make changes and prosecute these crimes. I will come to more figures later in my speech, but the number of crimes is enormous. The number of prosecutions is just the scrape of the scab, the tip of the iceberg or whatever other descriptive phrase we might use. The CPS’s eighth hate crime report details a

“41% increase in disability hate crime prosecutions compared to 2014/15”.

Even online hate crimes are being successfully prosecuted, and this message must be spread widely: people cannot hide their prejudice or hatred behind a keyboard and a laptop and think that it will protect them. It does not, it cannot and it never should. More than four in five prosecuted hate crimes result in a conviction, with more than 73% of those charged pleading guilty. In 2015-16, recorded sentence uplifts reached 33.8%, which shows a good use of the legislation for what it was designed to do.

I thank the Minister and his Department for what has been done, because it is positive, but I will outline something that I have said, that other Members have said and that those who speak after me today will say. In a written question some time ago, I asked the Attorney General

“what progress his Department has made on providing disability hate crime training for all prosecutors; and what improvements this training will bring to conviction rates.”

It is important to have training in place so that we have people who know how to respond. The answer was:

“Mandatory training relating to disability hate crime was delivered, across the Crown Prosecution Service, between September 2015 and January 2016. Prosecutors will deploy the knowledge gained from the training in the course of prosecutions thereby improving performance. The CPS are enhancing the support provided to prosecutors in dealing with crimes committed against disabled people. They are reviewing their policy and legal guidance on disability hate crime, which will provide assurance to the public of how the CPS intends to deal with such crimes.”

Following on from that, I ask the Minister to provide an update on whether that training has been a success or whether it needs improving. I would like him to update us on where we are and on what improvements could be made to make the training even better.

Other figures have not been so encouraging. The number of hate crime cases referred by the police to the CPS for decision in 2014 was 14,376—an increase of 2.2% on the previous year. However, in 2015-16, the number of referrals decreased by 9.6% to just under 13,000. I ask respectfully whether the Minister can give us some indication of why that happened. Is it because police resources are not focused on disability hate crime? If they are and there is a fall-down, I ask him to let us know so that changes can be made to address the issue. The optimist in us all would love to believe that the decrease in the number of referrals by the police to the CPS is due to more people recognising the boundaries of how they can treat others, but that is probably not the reason behind the drop.

The hon. Member for Bootle mentioned Northern Ireland’s Be Safe, Stay Safe campaign. Just over a year ago, back in October last year, I made the House aware in a question—I think it was to the Solicitor General—that the Police Service of Northern Ireland had launched an online campaign after 44 disability hate crimes were recorded over a six-month period. The PSNI contacted the charity Leonard Cheshire Disability, which, as the Solicitor General will know, has set up an advocacy scheme to help disabled people access the criminal justice system. Will the Solicitor General consider similar action? He responded positively to that question, in which I underlined what we are doing in Northern Ireland.

As the hon. Member for Bootle said, if something good is happening in the United Kingdom—legislation or whatever it might be—whatever the debate is, we should all learn from it. We are doing something good in Northern Ireland, as the hon. Gentleman clearly, gently and supportively said. What we are doing in Northern Ireland is a response to the general public’s request to put positive legislation in the hands of the police to make it happen and make a difference.

More must be done to ensure that disabled people are aware of the rights that are enshrined in law already and, more importantly, that they have the support they need to approach the police and to give evidence to further their case. Anecdotal evidence suggests that more than 60,000 incidents of disability hate crime are committed in England and Wales over a year, so I want to ask about prosecutions. I am thankful that the CPS has made more than 15,000 prosecutions, but if there are 60,000 incidents of disability hate crime, we are a long way from getting to where we need to be.

I know that the Minister is absolutely and totally committed to making the changes that are needed, as his demeanour and his response to the questions that he has raised will indicate. There is a chasm between 60,000 and 15,000, and I hope the Minister will respond to that point. More must be done to ensure that those two figures are more closely aligned. That is not to say that every off-the-cuff comment is worthy of prosecution, but I firmly believe that many crimes are being committed and not reported, which means that there is no help for the victims. The House must address that.

We must look at how the message can be made clearer that disability hate crimes exist and are not acceptable, that victims will be not further traumatised but helped and supported, and that justice can be served without it being at victims’ expense. Could that be done in conjunction with the Department for Education? Could part of the process involve co-operation with media channels to spread awareness? I am not one who watches the soaps on TV. I could tell hon. Members nothing about the storylines and little about who the characters are, but my wife loves those programmes and could tell hon. Members the details of every character’s life. Some of those soaps could be used for good. One example is “Coronation Street”. Although I am not an avid watcher of the programme—indeed, I do not watch it—I understand that it portrays the issue of Down’s syndrome. There are ways of using the media and the TV for good. Perhaps the Minister could look into that possibility.

We must ask our ourselves whether we have done all we can to encourage the process of making people aware of protection, how serious disability hate crime is, and how seriously it will be treated. To our shame, I do not believe that we have. I implore the Minister to do more to take the matter further and bring about real change. Yes, we have done much good and made gigantic leaps forward, but we have not finished. More can be done.

I thank the House for the opportunity to speak. I very much look forward to the Minister’s response, which I know will be positive, and I thank the hon. Member for Bootle for giving us all a chance to participate in the debate.

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Robert Buckland Portrait The Solicitor General
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I am extremely grateful to the hon. Gentleman for that point. I welcome him warmly to his position and congratulate him on attaining it. It is a pleasure to work with him. He is quite right to talk about “mate crime”. Perhaps such examples highlight one of the deficiencies and inadequacies of using a phrase such as “hate crime” to describe the full panoply of crimes committed against people with disabilities. Mate crime is an insidious way in which perpetrators gain the confidence of often isolated and sometimes rather lonely people, perhaps with a learning disability such as autism, or another disability, and, using the trust they have built up, proceed to abuse it, very often in the form of financial crime, such as fraud, or worse—violence and sexual crime are also covered by the definition of mate crime. That is worse than confidence tricksters; it is an abuse of trust. In my mind, that makes the crime even more serious.

I am grateful to my right hon. and hon. Friends and Opposition Members for having raised some of the important figures and statistics relating to the increase in the number of reported disability hate crimes and, indeed, prosecutions for those offences. There has also been an increase in the use of the sentence uplifts that are available to judges under section 146 of the Criminal Justice Act 2003, from just over 5% of cases in 2014-15 to 11% of cases in 2015-16. We are coming from a low base, but that is going in the right direction.

The hon. Member for Torfaen (Nick Thomas-Symonds) asked about the recording of applications in which there has not been an uplift. I hear what he says, but the difficulty is that the Crown Prosecution Service is currently recording a vast number of indices through the flagging system, and it is difficult for every area of the CPS to record information with precision and then translate it in a way that makes it readily available to people like me. I hear what he says and will certainly ask whether it would be feasible, but I have to put that caveat on his request. It is clear to me that having more data is always useful, but it is then a question of how they are to be used and understood. We need to step back from that to a more fundamental position on training and awareness.

Jim Shannon Portrait Jim Shannon
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I indicated in my contribution that the figure for prosecutions was down in the past year, and asked whether that was because the police were not giving the issue the focus and priority that they should. If the Minister can answer that now, that would be good, but if not I am happy to wait for a response. Is disability hate crime a priority for the police?

Robert Buckland Portrait The Solicitor General
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I can give the hon. Gentleman the assurance he seeks. On as many of the questions he asked as possible, I shall outline the measures that are being taken. The mandated package of training—to which I think he referred in a question to me in the main Chamber some months ago—has been delivered through a classroom-based approach, as opposed to using the internet. That is very important. It was a mandated package, so it had to be delivered to all prosecutors, and it was delivered between September last year and January this year. In particular, it incorporated the victim’s perspective and provided support on identifying evidence of hostility in order to obtain those important recorded sentencing uplifts.

I parenthesise a moment by reminding Members that section 146 is not the end of the story when it comes to how judges should sentence for offences with a disability element. There are guidelines that allow judges to look at the situation or vulnerability of the victim and their characteristics and take that into account when assessing the overall length of sentence. That message, too, has gone out loudly and clearly to all those involved in the prosecution of crime.

Members should reflect on where we hit a difficulty—perhaps we can debate this in future—which is on how to approach sentencing when it comes to people with invisible, not hidden, disability. I think in particular of learning disability and autism. Far too often, the perpetrator is able to say, “Well, I didn’t know he was autistic.” That puts the judge in a very difficult position, because they then do not have evidence of either hostility or some sort of motivational offence, or that the perpetrator even knew about the victim’s characteristics. We are getting into the debate about the eggshell skull theory, with which the hon. Member for Torfaen will be familiar, but it is a debate we need to have when it comes to how adequately we protect and support people with invisible disabilities.

I turn to the other questions that Members asked. I am glad to say that the hate crime assurance scheme is happening, and that live files are being tracked as a result. That is helping to support the quality of casework, with real-time scrutiny as cases progress.

As we have seen, that scheme is having results with an increased number of sentencing uplifts being applied. It also checks all finalised hate crime cases, so that we can identify best practice and any lessons that can be learned. In other words, and to answer the point made by the hon. Member for Torfaen, the failed applications are being looked at and that is a vital part of how we can improve our approach.

Members are aware, of course, of the 13-week consultation published by the Crown Prosecution Service in October, which sets out the approach taken by the CPS to such crimes. A plain English version of that consultation is available too, which is particularly important for people with disabilities themselves, so that they can have their voice heard. Also, the legal guidance for prosecutors will be updated and published at the same time as the consultation response, so work is ongoing.

The statement that has been provided by the CPS has been developed with the involvement of interested groups and community representatives, who have highlighted the social model of disability. That model suggests that the prejudice, discrimination and social exclusion experienced by many disabled people is not the inevitable result of their condition but instead stems from the various barriers that they experience daily and that hon. Members have talked about in this debate. That social model is the basis on which the CPS understands, dismantles and reduces the effects of those barriers, as far as we are able to, leading to improved safety and security, access to mainstream life and indeed work, where appropriate, for people with disabilities.

Last month, the CPS also published two guides on the recognition and reporting of hate crimes for individuals and agencies who might be the first to hear about a hate incident. Those guides are intended to increase public confidence and in turn improve reporting levels, so that they more accurately reflect the experience that we know people have in their communities.

We have already discussed such third-party reporting, and my hon. Friend the Member for South Ribble (Seema Kennedy) gave an example of it. I was delighted to meet the organisation she referred to when I visited CPS Manchester earlier this year. Indeed, I pay tribute to such organisations, including the one in my constituency that I mentioned earlier, and to campaigners such as Stephen Brookes MBE, who is from Blackpool and who has long championed the issue of third-party reporting, showing that where it is done well it really makes a difference for people with disabilities. My message to hon. Members, therefore, is that if, for whatever reason, they do not have third-party reporting in their community, they should ask why and see whether such provision can be improved.

The hon. Member for Bootle also asked about senior management. I am happy to tell him that I will be in Liverpool next week, at the CPS senior management conference, and he can bet his bottom dollar that I will raise the issue of disability hate crime in his home town. It is important that that is not a one-off but another example of how law officers, the Director of Public Prosecutions and senior leaders can set a good example.

On judicial meetings and the links that we have with the judiciary and the DPP, the issues that we are discussing are raised on a regular and systematic basis. Although sentencing is, of course, an independent function, we can ensure that the policy context is fully understood by those responsible for sentencing.

My right hon. Friend the Member for Forest of Dean mentioned education, and the Government have allocated—as part of our hate crime action plan—important funding to help to equip teachers to have what can sometimes be difficult but important conversations with young people, by funding programmes through organisations such as the Anne Frank Trust UK and Streetwise. Again, the training that teachers receive through those programmes will be classroom-based and of real use.

My right hon. Friend also mentioned social media. The Government are clear: whether online or offline, crime is crime and the CPS and the police will follow the evidence wherever it leads and however difficult it is to follow it. An unfortunate perception has arisen that, somehow, something online is more difficult to trace. I just do not accept that; there is a clear evidence chain there. All of us know that removing things from the internet is not as easy as it might seem—thank goodness, in the context of such offending—and the message must go out loud and clear that online abusers will be detected and prosecuted, wherever it is appropriate to do so.

I will deal with the points that have been made about the Law Commission. Its report is an important one, which I have read and considered myself. I am happy to say that, although the Government have not come to a fixed conclusion about the extension of the aggravated offences to cover all five protected characteristics, that matter is still very much under review. As a prosecutor myself in my former life, and having used such offences since they were introduced in the late 1990s, I know that they had a transformational effect and therefore I understand their power. In the meantime, however, it is very much a question of the police, the CPS and all agencies using the powers that they have more effectively.

Hon. Members mentioned the cross-Government hate crime action plan, which includes a proper emphasis on increasing awareness of and support for victims. It is clear that if a person with a disability feels that they will be taken seriously and listened to, they are more likely to come forward.

I go back to the point I made at the beginning of my speech about the importance of perception from the viewpoint of another person. We want to increase the reporting of hate crime by improving the reporting process itself, for disabled people and for people with other protected characteristics.

The CPS has played an important part in contributing to that hate crime action plan. It has made a number of commitments, which will be delivered by 2020, and I will continue—as a law officer—to work with the CPS, to ensure that perpetrators are punished and to publicise successful prosecutions, because that will create confidence among the members of a community that when hate crime is reported, action will be taken.

New guidance will be produced by the CPS—

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 21st July 2016

(7 years, 9 months ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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The Prime Minister has been very clear that the United Kingdom will leave the European Union, and that means all of the United Kingdom, but, as I said earlier, it is very important that in the process of exiting the European Union all parts of the United Kingdom have an opportunity to contribute to the negotiations in which we will engage. That is the spirit in which the UK Government will approach this process.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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We have to be mindful that the EU referendum was UK-wide, so all parts of the United Kingdom were involved. I hope the Prime Minister will come to Northern Ireland; perhaps the Minister can confirm that. It is important to keep the grants and assistance that Northern Ireland receives.

Jeremy Wright Portrait The Attorney General
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Indeed. I understand the hon. Gentleman’s point. I am sure the Prime Minister will wish to visit Northern Ireland very shortly, and she and we have clearly in mind the particular difficulties that will apply to the process in Northern Ireland because of the land border with the Republic of Ireland. The hon. Gentleman will have been present yesterday when my right hon. Friend the Secretary of State for Northern Ireland dealt with this question. The hon. Gentleman knows that it is at the forefront of our minds and we will wish to make sure that we reach a satisfactory settlement.

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Justine Greening Portrait Justine Greening
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The hon. Gentleman is right to point out the problem. Despite progress, the reality is that only 18 of the FTSE 350 companies have female CEOs. We need to ensure not only that women aim high, but that, for example when women have children and come back into the workplace, their careers are not hindered and they can go on and get to the very top.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Of 318 female executive committee members in business, from a total of 2,038 across both genders, just 122 held roles with financial responsibility. Has the Minister had any discussions with companies about the possibility of mentoring women in business to enable them to achieve very senior roles?

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 26th May 2016

(7 years, 11 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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The hon. Lady is right to refer to those regional variations, which are concerning. I am glad to see a strong commitment to a greater national approach to this issue. That is why the setting up of RASSO units in every area is vital. The CPS has recruited a further 102 specialist prosecutors, with a further phase of recruitment due to take place, which will help to drive conviction rates up.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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In Northern Ireland, there were more than 28,000 incidents with a domestic motivation in 2014-15, and there were 2,734 sexual offences, including 737 cases of rape. Not only are conviction rates too low across the UK, but the number of incidents is still too high, particularly considering that many victims of domestic violence do not come forward. What steps are the Government taking to reduce the number of offences? Have they considered an education programme for boys and girls in school?

Robert Buckland Portrait The Solicitor General
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I am grateful, as always, to the hon. Gentleman. I am happy to say that, in England and Wales, the overall number of cases being brought—not just of rape but of associated violence and sexual abuse in a domestic setting—continues to increase, which means justice for thousands more victims year on year.

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Caroline Dinenage Portrait Caroline Dinenage
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We have a package of measures for women who are returning to work: affordable and flexible childcare, flexible working—up to 20 million people in the UK can now apply for that—and shared parental leave. That package really supports women who want to return to work.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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As the Minister will know, many women who wish to go back to work find that they are essentially earning wages to pay for childcare. With that in mind, what are the Government doing on part-time and flexible hours for those women who want to go back to work but have been discriminated against because of their need or desire for more flexible working?

Caroline Dinenage Portrait Caroline Dinenage
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I was one of those women—under the Labour Government, I was literally working to pay for my childcare. I am so proud that this Government have done more than any other to make childcare affordable and flexible; that is why parents with children aged three to four will be able to access up to 30 hours of childcare.

European Convention on Human Rights: UK Membership

Jim Shannon Excerpts
Tuesday 26th April 2016

(8 years ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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My hon. Friend make a very good point. Both what we have done in the past and what we are doing now send the kind of signal to other countries that Members have said today that they would wish us to send. We have a proud record of acting, not just in the past but now, to encourage others to do better.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I believe that the statement by the Secretary of State yesterday undermined the remain campaign. It revealed a further camp of thought—the “not so sure we should remain” camp. The Attorney General has stated to us today that this is a complex legal matter of clarity in the legislation about leaving the EU and remaining in the ECHR. How will he marry two very different points of view, and which is right?

Jeremy Wright Portrait The Attorney General
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As I say, it is a complex matter. On the hon. Gentleman’s first point, I do not agree that the Home Secretary undermined the case for remaining within the European Union yesterday. On reading her speech, one sees that she made an extremely powerful case for remaining within the European Union and set out the argument with a great deal of clarity.

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 14th April 2016

(8 years, 1 month ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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I certainly welcome those statistics. Importantly, they make the point that, when it comes to people’s lives, more and more individuals are finding that their cases are being heard and that justice is being done on the perpetrators of these appalling offences.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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What discussions has the Minister had with his counterparts in the Northern Ireland Assembly about the possibility of extending Clare’s law to the Province, particularly in the light of the revelation from Women’s Aid that six murders in Northern Ireland had links with domestic abuse?

Robert Buckland Portrait The Solicitor General
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The hon. Gentleman rightly raises the important innovation of Clare’s law, which was introduced in the last Government. I was a key supporter of that legislation. I would be happy to have discussions with colleagues in Northern Ireland. However, it is a matter that, quite properly, has been devolved, but if it would help, I will of course hold those discussions.

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Nick Boles Portrait Nick Boles
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I am very happy to take up with the Leader of the House the possibility of having such a debate, because I would welcome it. The report made for depressing reading in some respects. Although it is welcome that 84% of employers think that it is important to support pregnant women and new mothers, it is frankly depressing that three in four mothers interviewed said that they had had a negative or possibly discriminatory experience during their pregnancy. We need to achieve a wholesale change in culture. I will resist putting a timeframe on implementation of that change in culture, because ultimately that is something that Governments on their own cannot do. However, a debate on how we can all work together to achieve that would be very welcome.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Many women still face difficult decisions when it comes to having a baby, particularly women in high-powered careers in places such as London, where house prices are extremely high and working part time simply is not an option. What are the Government doing to encourage businesses to adopt a modern approach, allowing women the prospect of a balanced work and family life and flexible working hours, where possible?

Nick Boles Portrait Nick Boles
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The hon. Gentleman is absolutely right, but I know that he will welcome the introduction of the right to request flexible working and all the Government’s interventions to provide further childcare support for working women of all ages and all income levels. I believe that that will help women who want to be able to balance engagement in the workplace with bringing up young children.

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 14th January 2016

(8 years, 4 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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Like my hon. Friend, I am always enthusiastic about the sensible use of new technology. Police in London are already piloting body-worn cameras, which capture the immediacy of events of domestic abuse. That sort of technology needs to be very much part of the tools available to police officers when investigating such cases.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank the Solicitor General for his responses so far. Domestic violence accounts for about a fifth of all crime in Northern Ireland, with police officers attending 60 domestic incidents a day. That is massive, but we still have problems with people failing to come forward, particularly men. Is the CPS considering taking steps to work alongside police forces to encourage people to report all domestic incidents?

Robert Buckland Portrait The Solicitor General
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I am very grateful to the hon. Gentleman for raising the issue of male victims. About 15% of domestic abuse victims are, indeed, men, and proper emphasis is being placed on the need to encourage men to come forward. It is not a badge of shame for someone to admit that they are a male victim of domestic abuse, and that message needs to be heard loud and clear throughout the length and breadth of the kingdom.

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Baroness Morgan of Cotes Portrait Nicky Morgan
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My hon. Friend is absolutely right. Obviously it is important for victims to receive the right support, but we want to go further and make it clear, through education and awareness, that this is a crime and that it will not be tolerated. The internet can be a huge force for good, but it can also be a platform for abuse and intimidation. Staff monitor the helpline and provide support, but they have also been very successful in ensuring that content is quickly removed from the internet, and they work directly with social media and website providers.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank the Minister for her earlier comments about the elevation of Arlene Foster to the position of First Minister. The Stormont fresh start agreement already looks brighter with her in charge.

My question relates to the ever-increasing digital society. The press is still full of stories about revenge porn incidents. Does the Minister recognise the need to raise awareness of people’s rights, and of the new offence in the Criminal Justice and Courts Act 2015, which is intended to tackle the increasing amount of online revenge porn?

Baroness Morgan of Cotes Portrait Nicky Morgan
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I entirely agree with the hon. Gentleman. This is an offence of which people are more aware, but, sadly, that means that there are more cases of it, which is why we have criminalised it and established a helpline to offer support. However, we must go further and make it clear that this is not an acceptable way for people to behave. We must also give guidance to potential victims, advising them to think very carefully about images that they share and how they could then be abused.

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 26th November 2015

(8 years, 5 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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I am happy to tell my hon. Friend that, along with my hon. Friend the Under-Secretary of State for Disabled People and the Minister for Preventing Abuse and Exploitation, I recently set up and took part in a ministerial round table with Government agencies and the third sector to deal with precisely that issue. We gave particular attention to issues such as victim support, the quality of reporting, and confidence among members of the disability community about the way in which the criminal justice system treats them.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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In October, the Police Service of Northern Ireland launched an online campaign after 44 disability hate crimes were recorded over a six-month period. Two years ago, the PSNI contacted the charity Leonard Cheshire Disability—of which the Solicitor General will know—which has set up an advocacy scheme to help disabled people to gain access to the criminal justice system. Does the Solicitor General feel that he should consider similar action?

Robert Buckland Portrait The Solicitor General
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I commend the work of Leonard Cheshire Disability. In 2012, 65,000 cases involving a disability hate element in England and Wales were recorded in the national crime survey, but there is a big gap between that figure and the number of prosecutions, and I want that to change.

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Baroness Morgan of Cotes Portrait Nicky Morgan
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I thank my hon. Friend for raising that important issue. There is certainly more that we need to do to tackle underachievement among boys, especially among white working-class boys, I am sorry to say. The Chancellor has committed to the pupil premium, worth £2.5 billion, for the rest of this Parliament; a quarter of white British boys are eligible for that funding. We need to do more to explain to young men the careers that are out there and why they will need skills such as maths, but we also need to think about parental engagement—a lot of the messages will come from home that education is very valuable and that boys as well as girls need to focus in school.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Addressing the education attainment gap is important, but equally important is addressing the gap in work. A recent event held in Northern Ireland by the STEM—science, technology, engineering and maths—industries showed that men outnumber women three to one in the workforce. What steps have been taken to reduce the gender gap, not only in education, but in wider employment?

Baroness Morgan of Cotes Portrait Nicky Morgan
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I am delighted to hear about that successful event. That illustrates the point I was making about needing to inspire young people—boys and girls—about the careers that are out there and the importance of STEM subjects. I am delighted to say that maths is now the most popular subject at A-level, and there have been 12,000 more STEM A-level entries from girls since the start of the last Parliament, but there is a long way to go.

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 15th October 2015

(8 years, 7 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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Recently, the CPS drew up new guidelines for the care of witnesses in court. Those guidelines are currently being piloted and will be rolled out nationally in the new year. They will go a long way towards supporting witnesses, while avoiding the dangers of coaching witnesses in the giving of evidence, which, of course, would not be desirable.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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In the last few years, it has become clear that a great many young people have been sexually abused over a number of years and are traumatised by that abuse. Can the Solicitor General assure the House that the necessary resources are available so that the young people in all those cases can be looked after?

Robert Buckland Portrait The Solicitor General
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I can reassure the hon. Gentleman. As I have said many times before, when it comes to the protection of vulnerable witnesses and complainants in criminal cases, the CPS is always working to improve its processes so that the experience can be as smooth as possible. What we do not want is a repeat, in effect, of the abuse that those people originally suffered when they come to court and give evidence.

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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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There are great opportunities for girls to participate in sport, especially in rugby and football, at schools and universities. What has been done to provide that same provision at clubs after university?

Caroline Dinenage Portrait Caroline Dinenage
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The hon. Gentleman makes an excellent point. We want to encourage that participation through school, university and out into life afterwards. That is why the This Girl Can campaign, which shows real women taking part in sport that is fun and not just competitive, has been such a fantastic way of encouraging them to get out there and lead a healthy lifestyle.

Oral Answers to Questions

Jim Shannon Excerpts
Thursday 2nd July 2015

(8 years, 10 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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The hon. Lady makes a proper point. I can reassure her that the degree of training and, importantly, the joint training that goes on with the police is very much understood by the Crown Prosecution Service. It applies not just to forced marriage, but to a range of offences in which cultural barriers and other issues can make it difficult for victims to come forward. It is well understood and I am glad to see that numbers continue to increase, but of course more work needs to be done.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Since the Modern Slavery Act came into force, there has been some limited success, but more has to be done to protect victims. What has been done to train staff in the public agencies to spot forced marriages?

Robert Buckland Portrait The Solicitor General
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I have dealt with training within the CPS and the police, but the hon. Gentleman makes a proper point about third-party agencies. In the case of young people it is an issue of safeguarding. Forced marriage is a form of child abuse and must be recognised as such. All agencies should be alert to this manifestation and make reports promptly and comprehensively.

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Baroness Morgan of Cotes Portrait Nicky Morgan
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I welcome my hon. Friend to his place; I do not think I have heard him speak in the Chamber before. He is absolutely right: rural areas contribute £210 billion to the UK economy. The Government are funding the UK Commission for Employment and Skills to work with private sector employers to support those in low-paid, low-skilled work into higher-paid, higher-skilled work. In phase 1, that funding has supported more than 200 women, who are under-represented in agriculture, land-based engineering and environmental conservation industries.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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In Northern Ireland, we have identified a number of job opportunities in engineering that young women have taken up alongside young men. That is because further education and secondary education have worked together to identify where there will be vacancies. What have this Minister and other Ministers done to identify vacancies here, and to give such people those jobs?

Baroness Morgan of Cotes Portrait Nicky Morgan
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The hon. Gentleman is absolutely right: this is about giving young people early advice and guidance on the opportunities that are available to them, and about making sure that no options are shut off. That is why I announced just before Christmas the creation of and our backing for a careers and enterprise company. I was delighted to announce in yesterday’s debate that Claudia Harris will be the new chief executive.

Unduly Lenient Sentences

Jim Shannon Excerpts
Wednesday 10th June 2015

(8 years, 11 months ago)

Commons Chamber
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Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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Thank you, Mr Speaker, I am pleased to secure this debate to highlight the unfair situation that exists with appeals against sentences in our criminal courts.

At present, the defence is able to appeal against sentences that are too harsh in almost all situations, whereas only in a very limited number of situations can the prosecution appeal against a sentence that is unduly lenient. Sentences given out for serious assaults such as actual body harm, malicious wounding, cannot be appealed against by the prosecution. Neither can sentences given for burglary, distribution of child pornography or causing death by careless driving, to name but a few. A worrying situation also affects youth court cases, as no sentence imposed there can be appealed against by the prosecution, and yet the youth court deals with some serious matters, including a limited number of rape cases. It is simply wrong that no safety net is in place for the victim of crime to respond to sentences that are too lenient.

I spent 20 years working in the criminal justice system. In my experience, judges and magistrates generally get sentences right, but it would be naive in the extreme to believe that that is always the case—it simply is not. Sometimes our courts get things wrong and impose sentences that are unduly lenient, and it is wrong that in most cases absolutely nothing can be done about it. We should not be telling victims of a serious crime who have had their suffering compounded by a pathetic sentence that there is nothing that can be done, but that is exactly what happens today. It is something of a cliché, but we need to see the scales of justice balance—they should not favour one side or the other, if possible. That is not the case now in appeals against sentence. That needs to change.

During the previous Parliament, I sponsored a private Member’s Bill to widen the scope of situations in which the prosecution could appeal against lenient sentences. Unfortunately, that Bill did not make it on to the statute books, but I was pleased to ensure that the Conservative party manifesto included a commitment to tackle the issue. I am sure that the Solicitor General knows every word of the Conservative party manifesto, but for those who are unaware of it, page 60 of the manifesto specifies that

“To tackle those cases where judges get it wrong, we will extend the scope of the Unduly Lenient Scheme, so a wider range of sentences can be challenged.”

That was the wording of the manifesto that Conservative candidates stood on at the recent general election. I hope that the Solicitor General will ensure that that commitment is honoured and that we implement this extension in a timely manner.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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In Northern Ireland, we had an animal cruelty case where a father and two sons were sentenced but the judge could not give a custodial sentence, even though he wanted to. Sometimes we have an opposite effect to the one the hon. Gentleman describes. Is it not also important to have laws that can actually punish people for doing wrong things?