Driving Offences: Government Consultation

Jim Shannon Excerpts

Tuesday 7th February 2017 Commons Chamber

[Wayne David (Caerphilly) (Lab)]

Most drivers drive safely, and Britain has one of the best safety records in the world. It is good to see growing public awareness of the need for safety, and a growing number of community groups are working with the police to reduce the incidence of speeding on our roads. I refer, for example, to the excellent work of the Draethen, Waterloo and Rudry community voice project and the Machen community road watch, both in my constituency.

At the same time, with a growing number of vehicles on the road, there is growing public concern about aspects of the law as it relates to driving. In particular, the law and sentencing guidelines do not always provide a proportionate response to the crimes committed on our roads. In that context, I refer to an accident that occurred in south Wales a year-and-a-half ago.

In October 2015, an horrendous accident occurred in Georgetown, Merthyr Tydfil in which three young men from Gilfach, Bargoed in my constituency lost their lives. They were passengers in a car that crashed into a roadside telegraph post. Two of the young men were presumed dead at the scene of the accident, and the third man died of his injuries some weeks later. The driver of the car and the front-seat passenger both survived the accident.

The driver of the car was arrested some weeks later on suspicion of causing death by dangerous driving. He was released on police bail and allowed to continue driving. I understand that the law has now been changed to prevent such an occurrence.

At the end of the trial, the judge stated that there was insufficient evidence to

“prove to the right standard that the defendant’s driving was dangerous”.

Instead, the defendant was found guilty of causing death by careless driving. The defendant admitted three counts of death on that basis and was jailed for 10 months. The charges of death by dangerous driving were dismissed by the judge.

The sentence that was delivered was, I am told, in line with sentencing guidelines and reflects the plea of guilty made by the defendant. But given the severity of the crime, the families of the three young men who had lost their lives were naturally shocked and appalled by the leniency of the sentence. Indeed, everyone who has read or heard about this case has been aghast at how such a lenient sentence could have been imposed. I am told that the defendant showed no remorse during the trial and, to make matters worse, he was released from prison having served only five months of his sentence.

Although I do not expect the Minister to comment on this case, I would like to make two further points relating to it. First, I am told that a material fact was not brought to the attention of the judge due to a police failing: some months before the accident, the defendant had been cautioned for a driving offence, but that caution had not been recorded properly by Gwent police and therefore it was not brought to the attention of the judge. The caution would probably have been inadmissible as evidence, but it may have had a bearing on the sentence delivered. The matter has been taken-up with Gwent police and with the police and crime commissioner for Gwent.

I am also concerned about the apparent lack of sensitivity and support for the families of the deceased young men shown by the Crown Prosecution Service. Having indicated to the families that a charge of death by dangerous driving was being pursued, the CPS did not then sufficiently explain to the families why a lesser charge was being imposed. This case is obviously germane to the Government’s consultation on “Driving offences and penalties relating to causing death or serious injury”. That consultation concluded at the start of this month. It was an important consultation and I have made a submission to it. The Government will now consider whether the sentencing guidelines ought to be modified.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman has brought a very important issue to the House for consideration, and we are all here because we support him and congratulate him on doing that. Does he agree that the average sentence of not even four years is certainly not enough of a penalty for those who take a life in this way? Does he further agree that we should consider a life sentence for those who have a history of careless driving offences, such as those he has referred to?

[Wayne David]

I have a great deal of sympathy with the point that has been made. One point I want to elaborate on later is the inadequacy of the sentencing for crimes of this sort.

I referred to the consultation and I am disappointed by it, as, unfortunately, the Government circumscribed it from the start. They did that by stating that they had already decided that there was to be no change in the legislation relating to the definition of careless driving and dangerous driving. Although the consultation paper from the Ministry of Justice acknowledges that the distinction between careless and dangerous driving has been

“the subject of extensive scrutiny and debate”,

the Government indicated that they had already made up their mind in favour of maintaining the status quo. This is most unfortunate.

The case regarding my constituents from Bargoed has, among other things, highlighted that the distinction between careless driving and dangerous driving is artificial and unhelpful in ensuring that sentences reflect the gravity of the crime they seek to punish. The definition of careless driving is set-out in section 3ZA of the Road Traffic Act 1988 and it stipulates that a person is driving carelessly if they are driving without “due care and attention'”. The law also adds that there is careless driving if the manner of driving falls below what could be expected of a competent and careful driver.

What constitutes dangerous driving is set out in section 2A(1) of that Act. It applies to a person whose driving falls far below what could be expected of a competent and careful driver.

The consultation paper makes the fair point that it is impossible to set out what might constitute careless or dangerous driving in every case because, quite obviously, every case is different. However, that is a strong argument for having a continuum of what I will call bad driving, rather than a division between careless and dangerous driving. As things stand, given that the threshold for proving dangerous driving is quite high, it is much easier to err on the side of caution and secure a conviction for the lesser offence of careless driving. That is an argument relevant to a prosecutor’s decision, as well as to a judge’s determination.

As I have said, I have made a submission to the consultation. An important submission has also been made by Brake, the road safety charity, in which it, too, argues that the distinction between careless driving and dangerous driving is questionable, particularly in cases relating to death and injury. Brake has also pointed out that there is a lack of consistency in the differentiation between careless driving and dangerous driving. Its submission says:

“the test lacks any bench-mark for consistency due in large part to the variability of facts on a case to case basis”.

In reality, the line between the low of what is expected of a competent and careful driver, and far below that, is impossible to pinpoint with any degree of accuracy. As Brake has pointed out, there is also a need to change our terminology. I accept that it is insufficient simply to advise the judiciary to refer to “bad driving”. Equally, it is inappropriate to talk of careless driving when we are referring to death or serious injury. The language of the charges needs to be changed to reflect the seriousness of the issue.

It is clear that the law needs to be changed. As it stands, the law, and the sentencing guidelines that emanate from it, do not command full public confidence. Surprising though it must seem, only a minority of people convicted of death by careless driving are given a custodial sentence, and the average sentence is little over a year. In 2011, the average length of a custodial sentence for causing death by careless driving was 15.3 months; in 2014, it was 10.4 months; and in 2015, it was 14.4 months. In the case I have highlighted, in which three young men lost their lives, the sentence was a mere 10 months.

I hope the Government listen to what members of the public are saying and take heed of what Brake is arguing for. The consultation may have concluded, but I very much hope that the Government will begin a more fundamental consultative process that will eventually lead to a change in the law. Any changes made will not correct the wrongs that have been done to the families of the three young men from Bargoed, but they will at least help to ensure that other families might not have to go through the torment that they have experienced over the past year and a half.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 24th January 2017 Commons Chamber

[Dr Lee]

We want community orders to be effective so that further crimes are not committed. This includes better mental health interventions and drugs and alcohol desistance interventions. I am fully aware of the fact that if we can get to grips with the mental health challenges and the substance misuse challenges, crime will go down.

[Jim Shannon (Strangford) (DUP)]

If the Minister is to address the issue of drug addiction, he will have to address the issue of drugs being smuggled into prison. One method of doing that would be the introduction of new scanning machines similar to those at airports. Has the Minister given any consideration to doing that in prisons, thereby stopping drugs being smuggled by people into prison?

[Dr Lee]

Yes, consideration has been given to that. There is a particular difficulty with new psychoactive substances, because the way in which they are smuggled in—for example, by the impregnation of letters or paper—means that it is difficult to stop them via scanning. The hon. Gentleman should be assured that we are desperate to get a grip on the smuggling and supply of drugs into prisons because of the adverse impact that they are having.

Prison Officer Safety

Jim Shannon Excerpts

Wednesday 16th November 2016 Commons Chamber

[Richard Drax (South Dorset) (Con)]

What a pleasure it is to be here under your command, Madam Deputy Speaker. This debate on prison officer safety is rather well timed given what has been on our TV screens and in our newspapers. Before I start, I want to thank all those who work in the Prison Service—prison officers, managers, governors—and the numerous organisations, both charitable and voluntary, that support the service to ensure that prisoners have a chance to rehabilitate and that we are kept safe. We owe them a huge debt. I also praise the prison officers who serve at The Verne immigration centre, which was a prison until quite recently and is now under the auspices of the Home Office.

I welcome the Secretary of State’s recent announcement about the recruitment of 2,500 more prison officers by the end of 2018 and her aim for every offender to have a dedicated prison officer providing regular one-to-one support. More officers will certainly help to deter attacks on them, which have risen worryingly over recent years. In the 12 months to June 2016, there were nearly 6,000 assaults on staff—up 43% on the previous year. Of those, 700 assaults—an increase of 20% on the previous year—were regarded as serious and required hospital treatment. A recruitment drive is most welcome, as I have said, but the problem of retaining staff remains. In 2015, of the 2,250 officers who were recruited, only 440 were retained. We must remember that there are 7,000 fewer officers now than in 2010, when the prison population was about 2,500 lower.

The recent action by prison officers, which I do not support, was driven by a genuine concern for their safety—I am certain of that. We must take note of that. If we do not, not only we will fail to recruit sufficient new officers, but the exercise will be a complete waste of money as they all leave. Understaffing is the root cause of their discontent. Savings have understandably been made in the public sector, and I have voted for such savings on many occasions, so I do not condemn the Government for making the savings necessary for us to learn to live within our means. However, if we make savings, we must note the consequences and act if they are unintentional and serious. My next point refers to the prison estate in general, not to the young offender institution in my constituency, which is excellently led by James Lucas, a former soldier with whom I do a lot of business. The increased workload, lower morale, poor leadership in some cases, a higher retirement age—more on that in a minute—and an increased risk of being assaulted have all contributed to the problems we see today. Frankly, who can blame the officers?

I touched on the pension age and the necessity for prison officers to work until 68, which does affect their safety. Let me explain. I witnessed a demonstration laid on by prison officers of how to remove a troublesome prisoner—on this occasion, actually a prison officer—from his cell. The officers were equipped with all the necessary protective gear and they went in to remove this troublesome fellow. He did not react violently. He simply stood in his cell, not co-operating and using his weight and strength not to move. Those three beefy officers eventually got the man out, but it took them an awfully long time. I am 58 and in reasonably good nick, but I am not so sure that I would be able to drag someone out of a prison cell in 10 years’ time, particularly if they were behaving violently or were under the influence of drugs, as they often are. I ask the Minister to respond to this particular point about the physical demands on a prison officer when they get to the age of 60 and above.

I have also seen pictures of riots, which were taken on the body cameras that the Government are introducing—again, I entirely commend what they are trying to do—to ensure that evidence can be gathered. In addition, the cameras are a deterrent, because the prisoners who might offend know that they are being filmed and therefore that they will be found guilty if caught. I have faced crowds in Northern Ireland, but I was always surrounded by guardsmen armed to the teeth. In one particular riot, I think one prison officer had a shield, but the rest were caught out at quite short notice. Two of them were female prison officers, and they were facing a baying crowd of thugs, who were really geared up and were looking for that moment of weakness. Had those prison officers shown that weakness, I am convinced that 10 to 15 of the prisoners would have pounced, and those prison officers would have been seriously hurt.

[Jim Shannon (Strangford) (DUP)]

I sought the hon. Gentleman’s permission to intervene before this debate, Madam Deputy Speaker.

The £1.3 billion investment that the Government have offered over the next five years is good news, but there is a short-term issue to take care of, which the hon. Gentleman has outlined very well. Does he agree that, when it comes to discussions on safety, they must take place with counterparts in Northern Ireland, and that those who have experience of how to deal with difficult cases across the prison system in Northern Ireland over some 30 to 40 years could help, as there is a lot of knowledge that could be used for the betterment of the service in Northern Ireland? I make that point as a careful and gentle suggestion to the Minister.

[Richard Drax]

I absolutely agree with the hon. Gentleman. Like anything in life, those who are trying to achieve something turn to those who have experienced it. They listen to their experiences and, if they are wise and if the advice is good, they will adopt it. Perhaps the Minister will respond on that particular point.

I pay tribute to the officers who faced this baying crowd. They stood their ground and maintained control of the prison. As it happened, the most thuggish of the men, who was bouncing up and down on the wire netting that was there to prevent people from falling, actually fell off the end of the netting and damaged his ankle. It was extraordinary. At the point that the ring leader went down, calm returned almost instantly. It just shows how little things have to be affected in a prison before these very brave men and women are faced with some very unpleasant experiences. I have a question for the Minister. Can the Government—I would be very grateful for an answer to this—bring prison officers under the same retirement age as the uniformed services to reflect the occasional physical testing characteristics of the job?

There is no doubt that the presence of drugs in prison is contributing to attacks on officers. I welcome the Secretary of State’s assurance that dealing with drugs is high on her agenda. Spice is the modern curse in prison. It fuels violence against officers because of its mind and behaviour altering effects. Worse, it exacerbates existing mental health issues, personality disorders and behavioural issues, causing unpredictable bouts of violence. This point was picked up by the report of the Independent Monitoring Boards for the year to March 2015. Under problems, it says:

“The widespread and apparently un-checkable presence of so-called ‘legal highs’ or ‘Spice’ on the wings. This is leading to trading, debt, bullying of more vulnerable prisoners and their families, criminal networking and gang activity, violence and unpredictable behaviour among prisoners.”

That of course has a knock-on effect on those who are guarding them. Dogs are one solution, but in my constituency the young offender institution has only one dog, and, as we all know, much as we love them they cannot work seven days a week. They have to be rested. More dogs may be a solution. Perhaps the Minister can expand on that. I believe someone mentioned that the number of dogs would be increased.

Spice is endemic and is seemingly brought into prisons via drones and social visits, thrown over prison walls, brought in by new or returning prisoners and, apparently, by soaking letters in it. As I said, drugs lead to bullying and debt, increasing the risk to both prisoners and officers.

Another way of improving safety for officers is to hold more regular searches. As I understand it—perhaps the Minister can help me—they used to happen once a month or thereabouts. Searches are more irregular now because in order to search one cell, officers have to shut down a whole wing, and they do not necessarily have the resources to hand when that needs to be done. A lockdown of an entire wing in one prison recently revealed a range of illegal goods.

More officers would reduce the need to lock prisoners in their cells for longer than is necessary. The report from Winchester prison today underscores that point. Taking part in purposeful activity would counteract the inevitable resentment that builds up behind a locked cell door. A fairly treated prisoner—I am not all flowery on this, but I believe that prisoners should be treated fairly—is less likely to resort to violence.

There are concerns about whether the courts take assaults on prison officers as seriously as they take assaults on police officers, despite the fact that, as I understand it, both have equal standing and protection under the law when on duty. In early 2015 a joint protocol was published on the appropriate handling of crimes in prisons, but the issue remains a very real one. Will the Minister review the range of sentences handed down to prisoners who assault prison officers? Anyone who assaults a prison officer or any other public servant in uniform should face an automatic custodial sentence. A strong deterrent and message is needed, and a tougher stance should be taken by the courts. Anything that the Government can do to assist me and other colleagues in the House, and certainly prison officers, would be helpful.

Let me highlight that point with two brief examples. In the first case, a prisoner who was due to be released the next day “potted” a female prison officer. “Potting”—if there is anyone in the Gallery, I apologise for being so crude—involves urine and excrement being thrown over an officer. It is disgusting, demeaning and outrageous. That prisoner was released the next day, when he was arrested for assault, fined £200 and given a suspended sentence. That is farcical. In another case, another female officer was “potted” and the prisoner received a mere 21 extra days on his sentence. That officer was then goaded and teased by the prisoner when she returned to work. Again, that is unacceptable. Perhaps because “potting” causes no physical damage, the courts tend to be more lenient, but the effect on officers who have been subjected to such disgusting humiliation is traumatic, and offenders should be dealt with harshly. I would be grateful if the Minister commented on that.

The prison population is becoming more violent, with the number of those sentenced for violent offences rising by 30% in the past 10 years. Officers are clearly struggling to cope on many occasions, and their concerns have been expressed in a number of ways to me personally and by taking the action which I did not agree with, but which many of us understand. A survey of Prison Officer Association members in 2014 found that the demands of the job are particularly high and support from managers is low. I am not commenting, as I said, on any prisons in my constituency, but we had a saying in the Army that there are no bad soldiers, only bad officers. I suspect that that is true in every walk of life and I am sure it applies in the case of prison staff.

I do not know whether the Minister is prepared to comment on what control is kept over managers and governors to ensure that prisons are managed properly. Let me give a tiny example from a prison I visited some time ago. I said to one of the prison officers, “I’m sure the manager comes round every day with his board and pencil and says, ‘Bob, good morning. It’s your wife’s birthday. Happy birthday to her. Your little son is 10 today. How marvellous. I hope you have a very nice day. If there are any problems, do come and see me.’” This officer’s jaw hit the floor, and he said, “I don’t think so, Richard. That is not exactly how it works.” As it happened, he had not seen his governor for some time. That is a tiny example, and I do not know, but I would say that the governor was not in touch with the men and women he was commanding.

The warning signs are therefore clear, and we would be irresponsible to ignore them. In my humble view, the line that used to exist between prison officer and prisoner has become increasingly blurred. The forgotten army, which is how I often refer to prison officers, needs our support, and we owe them and all who work in our prisons our thanks and a duty of care.

Birmingham Pub Bombings: Legal Aid

Jim Shannon Excerpts

Wednesday 26th October 2016 Commons Chamber

[Jess Phillips]

I agree with my hon. Friend. The former chief coroner, who will chair the resumed inquest, called in his annual report for exactly the same level of parity. Parity of funding means at the rates available to other parties to the resumed inquests. West Midlands police has apparently set aside £1 million so far. Former police officers will be represented through the Police Federation, and Government Departments will no doubt be represented by lawyers from the private sector.

Tonight I ask whether the legal aid for the relatives of the victims of the Birmingham pub bombings is appropriate or sufficient. I accept that it might be appropriate in many circumstances, but Hillsborough gives us a successful model, and there has been no explanation of why that cannot be replicated in this case or, in fact, in future cases of this kind. That is in the gift of the Home Secretary and the Prime Minister.

[Jim Shannon (Strangford) (DUP)]

The hon. Lady is speaking passionately from the heart. It is clear that the process lacks compassion for those who lost loved ones in the Birmingham bombing atrocity. Does she agree that the relatives should receive the same support that was given to the victims of Hillsborough so that they can find out the truth about what happened to their loved ones, who were murdered by IRA terrorists so horribly many years ago?

[Jess Phillips]

I think that this and other cases that will almost certainly be discussed in this place will require a specific mechanism for the future.

Will the Minister guarantee today that legal aid funding will provide the Birmingham families with parity? As a Birmingham tax and rate payer, and as a representative of Birmingham tax and rate payers, all I ask is that fairness is considered when our money is spent. Hundreds of my constituents and thousands of Brummies have signed petitions and written letters in support of the families. Without the certainty of parity, how can any of them—and, in fact, any citizen in this country—ever believe that if the worst were to happen to their relatives, those responsible would face justice? So many people in this country believe that powerful establishment figures act against them. The levels of disillusionment in the UK today should worry us all.

The Prime Minister stood on the steps of Downing Street and said that she would fight against burning injustice. She said:

“When we take the big calls, we’ll think not of the powerful, but you. When we pass new laws, we’ll listen not to the mighty but to you.”

I stand here today to ask on behalf of the ordinary families in Birmingham whether this Government will help them to be mighty and powerful, or are those words worthless?

Domestic Abuse Victims in Family Law Courts

Jim Shannon Excerpts

Thursday 15th September 2016 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

As is often the case in the main Chamber, I am the last Back Bencher to speak, but I look forward to contributing none the less. I was very touched by all the contributions, but particularly that of the hon. Member for Penistone and Stocksbridge (Angela Smith), who set the scene so well—no one could fail to be moved by her contribution. Other right hon. and hon. Members put their cases eloquently and powerfully, and it is good to have them on the record. None of us in the Chamber today, or I suspect outside this place, will have heard those stories without having an ache in their heart.

In the short time available, I want to offer a Northern Ireland perspective, as I always do in this place. I wish that I could say that the figures for Northern Ireland are better, but unfortunately they are not. When Members hear some of the statistics I will give to illustrate the situation, they will start to understand some of the problems we have back home.

This matter requires much thought and consideration. It affects far too many homes and families across the United Kingdom. The statistics are shocking. During this contribution, police forces across the UK will receive at least 10 calls regarding domestic abuse, which is simply horrific. Multiply those 10 calls by the number of Members who have spoken and we get an idea of the number of domestic abuse cases that have taken place since this debate began.

In 2014-15, 28,287 incidents with a domestic violence motivation were reported to the Police Service of Northern Ireland. The PSNI responds to a domestic incident every 19 minutes of every day. I am not sure what the reasons are for that—people with much more knowledge will explain—but it might be down to our conflict of 30-odd years, or to economic changes. There are certainly pressures in our society that can make it difficult to have safe and compatible relationships. Some 13,426 domestic abuse crimes were reported, which is approximately 13% of overall crime in Northern Ireland. In the same year, six murders were found to have had a domestic abuse motivation, which is 37.5% of all murders in Northern Ireland. The statistics therefore indicate that the level of domestic abuse in Northern Ireland is very worrying.

At 13,426, the number of domestic abuse crimes was over two and a half times that of drug offences. We know how important it is to address drug issues, but there were just over 5,000 drug offences in that period. The number of burglaries was 9,000. There were 2,734 sexual offences recorded, including 737 cases of rape. Again, those are very worrying figures. Since January 2010, 8,363 multi-agency risk assessment conference cases have been discussed, including 10,856 cases in which children were living in the household, and in 7,955 of those cases the victims were female.

I want to give a few examples, without mentioning any names or going into too much detail, of the cases that I have been confronted with as an elected representative. I have a case of a lady from my constituency who I have known since she was a wee baby. She was married and had two children. She went to live in another part of the Province and she and her husband became estranged. He became quite violent. One night he arrived at her house with a sledgehammer and smashed the backdoor in. I have to say that the police responded very quickly and were there within five minutes. They arrested her husband and took him away. That relationship broke down. This is not just about the violence perpetrated on the doorstep; it is also about the trauma and the mental and emotional effects upon that lady and her two children.

I had another case—I do not think this has been mentioned so far, but I am sure that Members will relate to it—in which a constituent was pursued by her ex-partner at home, at work and on the streets, to the extent that she feared for her life. The thing is that that lady took her own life. Sometimes, we have to look at the after-effects as well.

Stop me if I am wrong, but there is a massive issue that we must be certain that we are handling in the best possible way across the United Kingdom of Great Britain and Northern Ireland. We must make changes to handle the issue in the best way possible. In 2014, a report by Her Majesty’s inspectorate of constabulary found that the police response to domestic abuse was not good enough and that the responses were inconsistent. A reinspection in December 2015 found that, although some positive changes had taken place, there was still room for improvement. That is why we are raising the issue again in the Chamber today.

I know that the Minister will give us some idea of the responses that have taken place and how the improvements have happened. I understand that there is no one blueprint that suits every case. Every case we have heard about today has been different. If there has been a theme, it is that every case is particular and peculiar to the individual person. None the less, they do constitute domestic violence. The term “domestic violence” covers a multitude of sins and each case should be treated individually. There must be a scheme in place that allows that to happen.

In this debate, we are focusing on the changes needed on domestic violence cases in family law courts. However, many cases of domestic abuse do not end up in court as the victim is unwilling to testify. That is the position in many of the cases I have in my office. The couple fall out; they drift apart; they get back together again; and the difficulties continue, with all the “sorrys” and apologies from the partner to the lady concerned. Some do not find the strength to face their abuser, and it is for them that I stand here today and ask: how much more can we do for them? I understand that there have been changes to the statute of limitation and that has to be welcomed, but what more can we do on that matter?

An essential part of change is recognising that domestic violence is not simply against women and children. Women’s Aid in Northern Ireland has released its statistics for 2014-15, which paint a picture of the different scenarios that it is dealing with every day, which we in the debate would recognise. It runs a 24-hour domestic and sexual violence helpline, which received 27,923 calls—almost the same as the PSNI received across the Province. The majority, by miles, of calls to the service continue to be from women. The percentage of male callers this year rose to some 2.2%; the previous year, the percentage was 1.5%. There were 611 sexual violence calls to the helpline from 518 female callers and 93 male callers—sometimes, let us be honest, men themselves have to contact the organisation and I want to put that focus into the debate—262 calls came from foreign nationals and black and minority ethnic women; 35 calls came from the LGBT community; 58% of women callers disclosed mental health issues; and 533 women, an increase of 79 on the previous year, and 226 children, a decrease on the previous year, were referred to Women’s Aid refuges.

I pay tribute to Women’s Aid for what it does in my constituency. It is a marvellous organisation. It is very receptive and responsive. I know the matter is devolved. I always encourage the Northern Ireland Assembly to ensure that moneys are available for that organisation, too.

This is a hugely diverse range of issues and the fact is that we need improvement in the service provided in all these areas. Although I understand that the task of creating a system that can offer support on the different types of domestic violence appears almost overwhelming, one thing is clearly needed in each case: compassion. We need to ensure that all responders understand that in some cases we cannot understand why someone goes back into an abusive situation. I cannot begin to understand that, but it happens. They deserve and need no less help and compassion than anyone else. Let us help them all. People need to know that there is a safe place and help available anytime they need it and that we have a system in place that will aid people in getting their lives back together. I want to say a big thank you all those Government bodies—the housing services, the police, social services—and all the organisations and charities, including Women’s Aid, which is an independent body, that work together.

This is a big problem that is complex by its very nature. The contributions in the House today have shown that we want the change that is necessary, especially for those who need it most. We must do our best to make the situation better for them. It is my belief that the hard work must begin in this place today.

Cross-examination of Vulnerable Witnesses

Jim Shannon Excerpts

Wednesday 6th July 2016 Commons Chamber

[Ann Coffey]

I entirely agree with the hon. Lady. She is quite right. What we want is credible evidence, not evidence extracted by bullying.

The recent spate of high-profile sexual exploitation trials have provided stark examples. One young victim giving evidence in the Telford sex gang trials was repeatedly accused of lying and being naughty, and one barrister even demanded to know whether she repented her sins. Overall, she spent 12 days being cross-examined by a series of defence lawyers. As it stands, judges have no real power to limit the duration of questioning or the number of lawyers who can cross-examine a highly vulnerable witness in court. Practice directions encourage judges to set limits, but despite this judicial practice remains very uneven. That is why the measures in section 28 of the Youth Justice and Criminal Evidence Act 1999 are so important. This section provides for the cross-examination of vulnerable witnesses to be filmed at a pre-trial hearing and played to the jury at trial.

[Jim Shannon (Strangford) (DUP)]

This is a vital issue, and I am surprised not to see more Members in the Chamber to support the hon. Lady. There is a great need for young children involved in such cases to have parents or family members close by and to be screened off, so that the investigations and the questioning can be done from a distance. Does the hon. Lady agree—perhaps the Minister can touch on this in his reply—that that is something we should be considering? Helping those children to give their evidence clearly and honestly, with the support of their families, has to be the way forward.

[Ann Coffey]

I agree with the hon. Gentleman. We need to look at all the protective measures that we can employ to support vulnerable witnesses, particularly children, to give their best evidence in court. I entirely support that.

The witness need not attend the trial in person, thus avoiding the many pitfalls to pursuing justice that vulnerable witnesses currently face. It must be noted that pre-recorded evidence in the form of a film of a police interview can already be used in lieu of live examination-in-chief for vulnerable witnesses. There is no reason why that should not be extended to cross-examination, when we know that that is the most distressing part of the trial process.

This has all been recognised for decades. In 1989, the committee chaired by Judge Pigot QC recommended that provision be made for vulnerable witnesses to undergo pre-recorded cross-examination ahead of trial. It took 10 years for that to be written into law in the Youth Justice and Criminal Evidence Act 1999, and still, 17 years on from that moment, the relevant section remains unimplemented. That is despite the fact that victim support services, children’s charities and senior members of the judiciary have repeatedly emphasised the necessity and expedience of a roll-out.

The former Lord Chief Justice, Lord Judge, has been a tireless advocate for the implementation of section 28. Last Thursday he called, once again, in the other place for us to bring our court system up to date. He has said before that when section 28 is finally implemented, we will all be

“astounded about what all the fuss was about.”

I am already astounded that it is taking so long.

Of course, a vital step forward was made in April 2014, when pilot schemes were introduced in the Crown courts of Leeds, Liverpool and Kingston-upon-Thames. That was almost universally welcomed, but we are now well beyond the six months that those pilots were intended to last, and the evaluation report has not yet been made public. In “Our Commitment to Victims”, which was published in September 2014, the Government promised the completion of a national roll-out by March 2017, subject to the evaluation report. The clock has been ticking for well over 18 months, and it is unacceptable that vulnerable witnesses across the country should be made to endure further delay.

Since the formal evaluation period ended in October 2014, pre-recorded evidence has continued to be used in the pilot areas, and that is clearly a mark of the pilot’s success. One judge involved in the pilots in Kingston-upon-Thames wrote to me of the marked difference made by the installation of improved IT facilities for playing the evidence to juries. That occurred only after the pilot period ended. I hope that the evaluation report, when it is published, takes full account of these developments.

Women and the Vote

Jim Shannon Excerpts

Wednesday 8th June 2016 Commons Chamber

[Alison McGovern]

I thank the right hon. Member for Basingstoke (Mrs Miller) for that intervention. I know how hard she has worked in her own party to bring forward advances for women. My hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) has also just mentioned the advances made in 1997.

Women did not just have to fight for the right to vote; they had to fight for the right truly to be themselves, whatever that means. They had to fight, as we have to fight, for the right to exist as others do, and to make choices about how to realise our ambition and serve our country. So what holds us back? Well, for a start, let us look at this EU referendum. It is a decision that will affect us all, but the debate has too often been dominated by male voices. It has been a debate in which the ever-changing opinion of one male Tory Back Bencher seems to take precedence over the views of a whole host of women in the Cabinet and shadow Cabinet. I am not going to make many friends among Tory Back Benchers this evening—at least not on the male side.

On representation, we may have parity of votes, but we certainly do not have parity of voice. Public debate too often excludes women or shouts them down. The point is that we may have made huge progress over the last few decades on the number of women MPs, on women in the Cabinet and on all sorts measures, but there is so much still to do, because not everyone is able to realise their true value and—even worse—there is still violence.

[Jim Shannon (Strangford) (DUP)]

I asked the hon. Lady beforehand if she would give way, and I congratulate her on bringing this matter to the House for consideration. There were suffragette groups and movements across the whole of the United Kingdom of Great Britain and Northern Ireland. Starting in the 1860s, there were 20 suffrage groups in Northern Ireland before the first world war. Does the hon. Lady feel, like many inside and outside this House, that there is a need to remember historical importance? Tonight is an example of getting the historical importance right. Is there not a need to remember each and every year and to do the same in education in schools as well?

[Alison McGovern]

I thank the hon. Gentleman for his kind intervention. It is certainly true that there is progress to be made for women across the whole United Kingdom, definitely including Northern Ireland.

I believe that the reading by my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) of the names of the women killed by men this year will be a significant moment for this House that few who heard it will forget. As Women’s Aid has highlighted, however, women who have fled to refuges to escape domestic violence remain disfranchised because they are unable to register anonymously. Thousands of women, whose voices are crying out to be heard, are silenced because of arcane regulations.

Mr Speaker, you were present last night at the lighting of “New Dawn”, a work of art which was commissioned to mark the anniversary of the 1866 petition. I pay tribute to the hon. Member for Romsey and Southampton North (Caroline Nokes), my colleague on and Chair of the Speaker’s Advisory Committee on Works of Art, who led the project brilliantly. The artist, Mary Branson, has created a beautiful installation, lit in the colours of the votes for women movement. It is a special work of art, representing not just an individual, but an idea, and not just an idea, but a force of change. Any number of worthy people could have been represented—any number of the signatories to the petition, the anniversary of which I am marking this evening—but I am unsure that that would have been right, because political change is never down to an individual. Political change happens because all of us change our minds. It happens when we stand up for that terribly simple idea, one which we know in our heart to be true but which is often forgotten, that every one of us is equal. The many discs, lit up by the tide of the Thames, represent the sweeping power of change and the light of hope.

European Convention on Human Rights

Jim Shannon Excerpts

Monday 9th May 2016 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

If we want to have influence, we should bear in mind that tomorrow is the eighth anniversary of the imprisonment of seven Bahá'i leaders in Iran. They are prisoners of conscience, and were imprisoned as a result of their religious belief. That is an unquestionable violation of their human rights.

Outside Europe, the United Kingdom’s membership of the European convention on human rights sends a strong signal of our continued commitment to upholding and advancing human rights globally. Is there not a good reason for our being a member of the convention when we can do something for those Bahá'i leaders in Iran who have been violated and persecuted because of their beliefs? That is one example.

[Mr Chope]

The hon. Gentleman has made his point very well. However, I am concentrating on what the Home Secretary said. She seemed to be announcing a Government policy that the United Kingdom should leave the convention but stay in the EU. Her speech led to an urgent question, which was granted by Mr Speaker, and I—and other people who were present on that occasion—could not understand how we were going to be able to deliver the Home Secretary’s agenda on human rights if we remained in the European Union and subject to the EU charter of fundamental rights.

Questions were raised by Members during those exchanges, and it became clear that the Home Secretary—and, indeed, the Government—were indeed rather muddled about this. One of the questions that was asked was whether membership of the European Union required us to be a party to the European convention on human rights. The Home Secretary was not answering the urgent question. The Attorney General answered, as a Law Officer. He said:

“It is not…in any way clear that membership of the European Union requires membership of the European convention on human rights…there are considerable legal complexities”.—[Official Report, 26 April 2016; Vol. 608, c. 1291.]

My hon. Friend the Member for North East Somerset (Mr Rees-Mogg) then cited article 6.3 of the treaty on European Union, which states:

“Fundamental rights, as guaranteed by the European Convention…shall constitute general principles of the Union’s law.”

He went on to refer to the fact that the Commission had said that any member country of the European Union that sought to disengage from the European convention on human rights might have its voting rights suspended.

Then, as so often happens in this House, my hon. Friend the Member for Wellingborough (Mr Bone) asked a really pertinent question. He said:

“Can a country remain in the European Union and still come out of the convention? What is his legal opinion on that?”

The Attorney General replied:

“As I have suggested, the legal position is not clear.”

He went on to say that he did not

“have the time to go into all the ins and outs of that particular question now, but I suggest it would also be wrong to say that it is clear in the opposite direction.”—[Official Report, 26 April 2016; Vol. 608, c. 1301.]

So that was what the Government were saying about this particular matter.

This morning, I heard the Prime Minister chiding Brexiteers for having no clear comprehensive plan for life outside the EU, but that was a classic case of the pot calling the kettle black. As I have just said, the Prime Minister and the Government have no clear plan for life inside the European Union if there is a remain vote on 23 June. They do not know what will happen to their human rights agenda. There are many other examples beyond that.

It is a failure by the Government not to address this issue up front, and to leave it hanging in the air pending the referendum. We have had some quite clear advice from lawyers of great distinction. For example, Lord Woolf said:

“You can legally reconcile the doctrine of the sovereignty of Parliament with the European Convention on Human Rights. You cannot do that with regard to the European Charter, because the position there is that you can trump a statute.”

Lord Woolf was being quoted there in the House of Lords paper 139, which was published today. We now have a situation in which the Home Secretary seems to be arguing that we would be more secure if we left the convention on human rights but retained European law relating to fundamental rights.

I should like to give the House some examples of how EU law is undermining our security. In The Sunday Telegraph yesterday, it was reported that six Algerian terror suspects with links to Osama bin Laden and al-Qaeda were to be allowed to stay here after a 10-year battle in the courts. I think that the Under-Secretary of State for Justice, my hon. Friend the Member for Esher and Walton (Mr Raab) has made the point that the number of people fraudulently trying to gain entry into the United Kingdom has almost doubled in a year. That is because those people realise that we do not have the power to turn them away at our borders if they are waving a European Union identity document.

I was speaking at a conference on European freight security last week, at which it became apparent that we are not allowed to X-ray lorries in Calais to see whether they contain illegal migrants because it might be damaging to the human rights and health of those illegal migrants. That is another example of how human rights laws undermine our ability to keep our borders secure. Another example is that we are not allowed to take DNA samples from migrants who refuse to give their fingerprints when they enter the European Union, which is expressly prohibited by the Eurodac regulations.

Then we have the example, which came out a couple of months ago, of Abu Hamza’s daughter-in-law. We found out that she was his daughter-in-law only through a freedom of information request. An advocate-general in the European Court of Justice said that it was in principle contrary to European Union treaties to remove the lady from the United Kingdom, notwithstanding the fact that she had been convicted and sentenced to a year’s imprisonment. It was subsequently revealed that she had been convicted of attempting to smuggle a Sim card to Abu Hamza while he was in a high-security prison, but even that grave crime was insufficient to allow the courts to remove her from the United Kingdom because of the intervention of the European Court of Justice, which exercised its powers under the EU’s fundamental rights laws.

I cannot understand how the Home Secretary can consistently argue that we should stay in the European Union when the logic of everything she said in her speech was that we should be leaving the EU. It is potentially misleading for members of the public to think that they can have their cake and eat it by leaving the European convention on human rights while still remaining subject to the European Court of Justice.

International Women’s Day 2016

Jim Shannon Excerpts

Tuesday 8th March 2016 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate, and I thank the hon. Members for Eastleigh (Mims Davies) and for Brent Central (Dawn Butler) for setting the scene so vividly and efficiently and for focusing our attention on the issues.

I look forward to the day when there are no longer issues that adversely affect women more than men, but still in 2016 we have a long way to go. Each year more than 100,000 people in the UK are at imminent risk of being murdered or seriously injured as a result of domestic abuse. Women are much more likely than men to be the victims of severe domestic abuse. Nearly one in three women who suffer from domestic abuse report that the first incidence of violence happened while they were pregnant and at their most vulnerable. Victims of abuse have a higher rate of drug and/or alcohol misuse. At least 20% of high-risk victims of abuse report using drugs and/or alcohol, and 40% of victims at high risk of abuse report mental health difficulties. More than 90% of these victims are female; only 5% to 10% are male. There is of course a plethora of other issues still facing women, but I found those statistics most disturbing and worrying.

Of course, it is not all doom and gloom. We see women across the world breaking the glass ceiling each and every day. As we approach our centenary in Northern Ireland, we usher in a new era under our new First Minister, Arlene Foster. She has been in post for 10 weeks, and she is securing Northern Ireland’s future and leadership in a way that is unrivalled. As First Minister, she is truly exceptional. She has been through the worst of what Northern Ireland was associated with in the past and she is now at the helm, building what we in Northern Ireland hope to be associated with in the future.

When Arlene entered politics, she was directly affected by the troubles. Her school bus was blown up when she was a child, and her father, who served in the police, was shot. Arlene is no stranger to our dark days. With one eye looking to the past to learn and one eye firmly focused on the future, we have a real opportunity to make Northern Ireland better than ever. Arlene is living proof that gender is irrelevant and that equality in the workplace should be based on merit. She has merit in abundance.

This is International Women’s Day, and there are many parts of the world in which women, ladies and girls do not have the necessary opportunities, whether in education or health, and in which they are often abused and raped, and end up being married at an early age. We need to be a voice for those people who are voiceless. We have two female First Ministers in the United Kingdom, as well as other female party leaders, and it is important to remember these advancements today and to resolve to build on them in the years ahead. We need to continue to harness such role models, whether in politics, business, academia or any other field, so that the glass ceiling can be firmly broken and we can live in a world that rewards solely on merit. It has been a pleasure to participate in this debate.

Dog Theft: Sentencing

Jim Shannon Excerpts

Wednesday 2nd March 2016 Commons Chamber

[Gareth Johnson]

My hon. Friend makes a pertinent point, and he is right when he says that there is a failure to acknowledge the emotional impact of such thefts—that is one reason why I secured this debate. Because of the failure of the system, few statistics are kept, and stolen dogs are often deemed to have run away as there is little proof they have been stolen. There is also no separate category of the theft of a dog, and such thefts tend to be lumped together with all the other chattels that get stolen. It is believed by Blue Cross that roughly three dogs are stolen each day. Three cats are also stolen each day, and my hon. Friend was right to mention that because the same principles apply. Almost half those thefts are from people’s gardens, one in five is from burglaries, one in seven is from owners walking their dogs, and most of the other thefts take place when people leave their dogs tied up outside shops.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on securing this debate. Dogs have been domesticated for millennia, they have been man’s best friend for centuries, and today they remain an integral part of many families and are loved as much as any member. Does the hon. Gentleman agree that introducing a new category would reflect the fact that, although dogs are animals, for many people up and down this nation their dog is as much a part of the family as any other member?

[Gareth Johnson]

As is often the case, the hon. Gentleman is absolutely right to point out the failure of the current system. I argue that we can deal with that by amending the sentencing guidelines. It does not necessarily need a change in the law; it needs a change in the approach to sentencing, which is completely inadequate at the moment.