Psychoactive Substances Bill [Lords]

Jim Shannon Excerpts

Monday 19th October 2015 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

An organisation called FASA, which is doing some great work in my constituency, has indicated to me its concern that resources be put in place to help people off those legal highs when the law changes—I hope—next April. Should the Government look at that as well?

[Anne McLaughlin]

I will always support treating drug use as a health issue above anything else, so obviously I would support giving help to people struggling with it.

The Bill addresses the difficulties that have arisen in controlling the use of these substances under the Misuse of Drugs Act 1971. The SNP supports the aims of the Bill, and the Scottish Government have been working with the Home Office and other partners in combating the use of harmful NPSs. Let us not pretend that they are not harmful. A Scottish Drugs Forum survey of drug services in 2013 provided a summary of some of the key harms associated with NPS use—overdose and temporary psychotic states, attendance at A and E, hospital admissions, sudden increase in body temperature and heart rate, coma, risk to internal organs, hallucination and vomiting. The list goes on. Some would argue that many of these effects can occur as a result of alcohol abuse, but with these substances no abuse is necessary; simply their use can have catastrophic effects. There were also some associated long-term health issues such as an increase in mental health issues, including psychosis, paranoia, anxiety, psychiatric complications and depression —and dependency, which can happen over a very short period of time, sometimes just a matter of weeks.

Many hon. Members will have received correspondence from their constituents, and today we have heard some horrifying examples of the impact of these substances. Faced with a personal testimony and a growing body of research from health practitioners and academic researchers, we have a duty as legislators to get this legislation right. We are not yet there. The Committee must explore in detail some of the concerns raised today, including the issue of driving sales underground, internet sales and how to ban them, either on the clearnet or the darknet, and the issue of proportionality in sentencing, which the hon. Member for West Ham (Lyn Brown) mentioned. There are many other issues, too.

The Scottish Government have commissioned research to look at trends and, more importantly, at the motivations of those consuming these substances. In February this year, the expert review group commissioned by the Scottish Government put forward a number of recommendations, which should be of interest to Members in debating the Bill. One of these was the development of a definition of “new psychoactive substances”, which could be used across all sectors attempting to deal with these issues, especially the NHS and enforcement agencies.

It is crucial to ensure that we get the definition of NPS right in this Bill. Speaking as a new Member, I often wonder whether it is just the way things are done here, but I am quite certain that most Members would agree it is not acceptable to have reached this stage of legislation while still not having a definition with which everyone can agree. Most alarmingly, the chair of the Advisory Council on the Misuse of Drugs has said that the definition we are being asked to agree to is unworkable. I urge the Bill Committee to consider the evidence of the ACMD and find a workable definition.

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[Jim Shannon]

I do not want to let this subject pass. The Republic of Ireland has very clear legislation with a very clear meaning. Does the hon. Lady feel that the Republic of Ireland has set in place legislation that could set a precedent for the rest of the United Kingdom of Great Britain and Northern Ireland?

[Anne McLaughlin]

I think the legislation in the Republic of Ireland is interesting. It is one of a number of countries whose legislation we should look at. A number of countries throughout the world have experience of legislating on this issue, and we should reflect on such legislation.

A related issue that also featured in the recommendations is ensuring a cross-agency working approach, as my hon. Friend the Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) discussed with the Minister earlier, that is required to tackle what is a sophisticated—unlike myself—emerging and extremely adaptable public health problem. If we get this Bill right, it will be a significant step forward. That is why I ask the Government to ensure that the legislation is not rushed. Although we all would like to see this threat dealt with speedily, it is in no one’s interest to see the Bill rushed through with loopholes that can be exploited by the producers of these products in the future.

At the age of 18, I recall thinking that people in their 20s, including 20-year-olds, were so much older and far too old to understand what it was like for us 18-year-olds. It sounds ridiculous now that I have aged just a fraction, but it is just a fact of life that if any of us here—and yes, this might even include my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands)—were to try to tell a young person about the potential hazards of these substances, they would be more likely to switch off, asking themselves, “What do they know?” It is therefore crucial that young people equip themselves with the facts and educate each other. We can support that education, but we absolutely must work with young people.

In recognition of that point, Paul Wheelhouse, the Scottish Government’s Community Safety and Legal Affairs Minister, attended an event at the Scottish Youth Parliament at the end of September to discuss the best approaches to raising awareness of the dangers of NPSs. The SNP Government will continue to work closely with the SYP—there are too many letters here—and they will shortly present a report on their findings to the NPS ministerial cross-party working group.

I would urge both Governments to continue to work with young people, but I would urge them to work with a broad spectrum of young people. For example, looked-after young people who have come through the care system will have a different perspective from those who have grown up in a traditional family. Young people with BME backgrounds may have a very different perspective from members of the predominant race in their society, and those growing up in poorer areas and households will undoubtedly see things very differently from those with healthier upbringings.

I want to share with Members my perspective on all this during my youth. I confess that I have never—not once—touched a single illegal substance. I say “confess” because when I was growing up, it was a bit of a confession. There was a lot of peer pressure, although nothing like as much as there is today. I managed to resist all temptation because of a hauntingly beautiful young woman of whom I would catch a glimpse from time to time as my dad dropped my mum off at work. My mother was a psychiatric nurse who worked night shifts. I always said that I could not do that, but here I am.

Fiona was not the name of that beautiful young woman, but that is what I am going to call her. She had a look of Snow White about her. She was 18. She had been celebrating with her friends, and she had had much to celebrate, because she had just heard that she had managed to get straight As and would be heading off to medical school the following month. She did not make it. Instead, she ended up in a locked ward with my mum as one of her nurses. She remained there for almost four decades, and has only now moved into supported accommodation.

Fiona’s life turned out to be so different from the one to which she had been looking forward on that fateful night. She ended up in hospital that night, and spent nearly four decades there, because she had taken something. No one knew exactly what it was, and her friends say that her drink must have been spiked because she would not have done it voluntarily. Who knows the truth? But it was a hallucinogenic, and it sparked off a latent psychosis which might have lain dormant throughout her life. Instead, it was activated that night, and her life became dominated by terrifying panic attacks, hallucinations, and paranoia so great that she felt like a kidnap victim who was being kept against her will rather than a patient being cared for by my mum and her colleagues.

This hauntingly beautiful, extremely intelligent young woman with a bright future ahead of her got none of what she deserved from life. Her story is an extreme one, and the risks of the same thing happening are relatively low, but the consequences would be too great for anyone to bear. There were too many unknowns for a control freak like me, and, by telling me that story, my mother very cleverly guaranteed that I would never take the risk.

There will be many different motivations that entice or drive young people to experiment with mind-altering substances, and many different messages that prevent others from experimenting. Our primary interest should be in keeping them safe and healthy, not in punishing them. I therefore welcome the commitment that I believe the Bill provides to criminalising suppliers and not users. I also welcome the Minister’s assurance, following interventions from Members on both sides of the House, that he will iron out the anomalies in clause 8. Not sitting in moral or legal judgment of those who use these substances will give us a huge head start when we are trying to find ways to discourage them. The Bill is right to target those who gain a financial benefit from dangerous substances, the dealers and producers. Many NPSs are cynically marketed to avoid existing restrictions while also making clear what effect they will have on the purchaser.

There is an important international context as well. As the example of Poland shows, if we do not ensure that our neighbours are on side, legislation in one country can be undermined by a lack of legislation in neighbouring states. NPSs are developed and sold across international markets. The European Monitoring Centre for Drugs and Drug Addiction has emphasised the importance of international collaboration in information collection and data-sharing, and, indeed, the G8 countries have agreed to share data on NPSs. It is worth noting, however, that most of these products are produced in China and India and then shipped in bulk to Europe, where they are sold to consumers. It is also worth noting that the Prime Minister is to meet the Prime Minister of India shortly when he visits the UK—and, of course, we are all too well aware of the state visit of the President of China, which will start tomorrow. Perhaps the Minister will ask the Prime Minister to raise the need for international collaboration on NPSs with both Mr Modi and President Xi Jinping.

In conclusion, the SNP supports the Bill at this stage, but not unequivocally. We believe there is a job ahead for the Bill Committee to catch up with where we should have been now in terms of the definitions, and I would like to think the Committee will take a robust approach and listen to those who have expressed concerns about the working of the Bill, and to those who have more experience, like Professor Iversen, as well as to those who currently use psychoactive substances recreationally. Their voices will inform us greatly.

We do not want to be having to return time and again to amend the Bill, nor do we want to have to look at repealing it because it is unworkable, as the hon. Member for Brighton, Pavilion (Caroline Lucas) suggested we might have to do at some stage. Let us get it right from the start. The best way to do this is to collaborate with as many interested parties as possible.

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[Gavin Robinson]

Thank you very much, Minister. I am sure that the bishops will be delighted. That is a positive note.

I started by describing my involvement in this issue when I was Lord Mayor of Belfast—

[Jim Shannon]

My hon. Friend is far too modest to tell the House that he was involved in the legislative change in Belfast City Council that set a precedent for the whole of Northern Ireland. Will he acknowledge that that legislative change in Belfast could set a precedent for the rest of the United Kingdom of Great Britain and Northern Ireland?

[Gavin Robinson]

I am grateful to my hon. Friend, although he did not give me the opportunity to be modest or otherwise. But we will get there.

Rather than describing the legislative change, I want to outline the approach that Belfast has taken to legal highs. I think that would be valuable for the Ministers present here tonight, and for the hon. Members for City of Chester (Christian Matheson), for Swansea East (Carolyn Harris) and for Winchester (Steve Brine), as well as for the hon. Member for Bassetlaw (John Mann) and his Bing Bong shop, to which he has been referring all evening.

Because of my experience as Lord Mayor, I tabled a motion and got involved in action on this issue with our town solicitor, John Walsh, who was supported by the Attorney General of Northern Ireland. I have heard numerous colleagues saying that their councils have been frustrated because they have been unable to pursue or to make significant achievements on head shops in their constituencies. We have made such achievements in Belfast, however. We went down the trading standards route and we tackled the shops on the basis that they were selling products that were harmful to the public and that were being sold for human consumption. The Attorney General and the town solicitor for Belfast went to the four or five head shops in the city, all of which were concentrated in an area of seedy sex shops. The sale of legal highs was associated with that world. Not one of those shops now sells legal highs. That is a success. Two of them refused to abide by confiscation and destruction orders, and that is how we got the High Court to approve the necessary actions in Belfast.

So there are steps that local authorities can take today, with or without this new legislation, and I assume that if they do so, they will be able to use the same legislation that we did. We seized criminal assets without the assistance of this Bill, which was crucial. Although two of the shops refused to comply with the confiscation and destruction orders, the courts finally upheld the ruling that legal highs may no longer be sold in head shops in Belfast. Those shops have since closed.

The Government are to be commended for the speed with which they are proceeding with this Bill, and we must now consider how best we can hone it. We must consider issues relating to production, and to whether individual possession should be criminalised. Those matters can be debated in Committee. In the meantime, however, hon. Members can make changes today. They can remove this dreadful scourge from society. Legal highs are destroying young lives, destroying families and destroying communities, and it is important for all of us to bring their proliferation to an end.

British Airways (Pensions Uprating)

Jim Shannon Excerpts

Monday 14th September 2015 Commons Chamber

[Kate Green]

I am grateful to the right hon. Lady for her intervention and I hope to do justice to the concerns of her constituents, my constituents and indeed, as is very evident from the turnout for this debate, those of right hon. and hon. Members from right across the House. I had intended to mention a number of the hon. Members who have approached me about this evening’s debate, but I can see that so many are interested and so I will curtail that part of my speech.

As I have indicated, on 31 March 2014 there were 95,486 pensioners in two separate BA pension schemes—28,144 in APS and 67,342 in NAPS. The matter before us tonight therefore affects a substantial number of people, some on very modest pensions—the average pension in APS is about £14,000 per annum and in NAPS it is about £12,000 per annum—and has what Captain Post has described as a “complex history”, going back to 1948, when APS was established. That scheme contained several unique features, including a unilateral trustee power of amendment and a no-worsening clause. Six trustees were appointed by the employer and six were elected by the members. Amendments required two thirds of trustees to ratify them; employer approval was not required.

In 1973, in return for substantial increases in contributions, members were invited to transfer to APS part 6 to enjoy unlimited inflation protection. In 1984, APS closed to new entrants, pending privatisation of BA, and NAPS was established.

[Jim Shannon (Strangford) (DUP)]

The interest here in the House gives an indication of the interest among our constituents, too. Does the hon. Lady agree that given BA’s financial position with its pension scheme, with liabilities of £29.2 billion and assets of £29.3 billion, a move to de-risking would have made more sense and may have provided a greater surplus for the company and for the pension?

[Kate Green]

The hon. Gentleman is absolutely right, and I shall be developing that point further in my speech.

As I say, in 1984, pending privatisation, APS was closed and NAPS was established. BA went to considerable trouble at that time to inform existing APS pensioners of their options. I have here a copy of a staff newsletter from January 1984, which my constituent Mr Jones, an APS pensioner, has given to me. The newsletter, which includes a personal statement from Colin Marshall, then chief executive of BA, describes the details of the new scheme compared with the existing APS. It explains that APS pensioners can either choose to join NAPS, and receive a cash payment or extra pensionable years if they choose to do so, or to remain in the existing scheme. It states that the two schemes will be independent of one another, will not subsidise one another and will each be governed by their own scheme rules. It then describes the differences between the two schemes in relation to contribution rates, pension age, pensionable pay and, crucially for this debate, index linking.

Assisted Dying (No. 2) Bill

Jim Shannon Excerpts

Friday 11th September 2015 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It is an honour to speak in this important debate. This debate affects each and every one of us, and will set a precedent for many future aspects of society across the whole United Kingdom of Great Britain and Northern Ireland. The most important aspect is to remain compassionate, as we are built with the desire to live.

I am proud to say as a Christian that my fundamental belief is in the intrinsic value of every human life, and I just cannot see any tangible evidence to support assisted suicide. I still find myself very much in line with the majority of Christians in so thinking. That is my personal belief, but it is only one of the reasons why I do not and cannot support the Bill on Second Reading. However, I understand and respect the fact that not everyone will share this belief because of their own faith.

One of my greatest issues is with the slippery slope that the proposed legislation will undoubtedly create. I have been contacted by many doctors in my constituency who share the fear that people will feel pressurised into ending their life early so as not to be a financial or care burden on their loved ones. Indeed, one local doctor informed me that, during his time practising, he often encountered this problem, particularly with older patients or those requiring specific treatments and care. There should never be a reason for ending a life, and that is precisely why many of the doctors and nurses who contacted me are against such a practice.

Charles Moore, a former editor of the The Daily Telegraph, has noted that assisted suicide does not just affect the person who dies, but creates problems “for the wider society” and

“undermines the motive that sustains all medicine.”

He does not think that it will do anything to safeguard the most vulnerable people in society, especially the elderly and the disabled.

What would assisted dying do to the NHS? All of us in the Chamber are responsible for the running of the NHS—whether or not it is a devolved matter in Scotland, Northern Ireland or Wales—and that is something we must consider. What type of pressure would assisted dying put on our NHS doctors and nurses, given that one person’s need always has to be weighed against that of another in apportioning expenditure? I am extremely concerned that assisted dying might be suggested to families and patients to ensure a smooth and efficient running of the service. The NHS is already under enormous pressure, and patients with a poor prognosis are in great need of NHS facilities and assistance for a long period, if not for the rest of their lives. That is another example of when assisted dying is not right and not fair. I believe that we must safeguard such people.

On a further medical point, I want to quote the columnist Melanie Phillips. [Interruption.] I am glad that hon. Members are appreciating this. She has warned:

“If assisted suicide is permitted for the terminally ill, it will inevitably be argued, why not for those with chronic or progressive conditions? And if for them, why not for disabled people? This slide is already on display in Britain… The slide into the moral quicksands is inevitable once you cross it”.

We have to be careful about what this legislation might lead to in future.

My concern is that a society that allows voluntary euthanasia will gradually change its attitude toward allowing non-voluntary and then involuntary euthanasia. If we ask doctors to abandon their obligation to preserve human life, the very basis on which medicine is practised, we could damage the doctor-patient relationship. The British Medical Association has noted that

“the principal purpose of medicine is to improve patients’ quality of life, not to foreshorten it.”

Patients need to know that doctors have their best interests at heart, and that everything that it is physically possible to do will be done for them in their time of need.

[Sir Peter Bottomley]

I pay tribute to the hospice movement in Northern Ireland. A study in the Journal of Medical Ethics has shown that 25% of patients in one of the few hospices in the Netherlands wanted euthanasia, but less than 2% actually went through with it. Most people can be looked after very well with palliative care.

[Jim Shannon]

I thank the hon. Gentleman for his very wise comments.

A poll conducted by Christian Action Research and Education in Scotland showed that when people are presented with both sides of the argument, support for assisted dying falls dramatically from 73% to 45%. Ending a life is not something that we would ever want our children or anybody else to consider.

Moreover, medical predictions are not always accurate. I want to cite just one example. Everyone in the Chamber knows many such examples, and we could cite large numbers of them. I have a friend who has just lost the battle with cancer after 13 years. When she was diagnosed, she was told that she had six to nine months to live, but she defied all the odds. At the time, her son was 11 years old, but she saw him pass exams, learn to drive, graduate and settle down. She saw him grow from a small boy into a bright young man, and she loved life right until the very end. I wanted to tell that story because it is not unheard of, given the pioneering research that is continually being carried out, that cures to many illnesses and diseases will be found, as I have no doubt they will.

That brings me to another concern, which is the suffering that families will go through when a cure is discovered after their father, mother, son or daughter has chosen to end their life. Advances in medication and health care are taking place. For example, 50% of those with cancer will survive. We are making vast strides towards curing diseases that were once thought to be incurable.

The vast majority of UK doctors are opposed to legalising assisted suicide or assisted dying, as are the British Medical Association, the Royal College of Physicians, the Royal College of General Practitioners, the Association for Palliative Medicine, the British Geriatrics Society, Disability Rights UK, Scope, the United Kingdom Disabled People’s Council and Not Dead Yet UK.

Let us not ignore the advances in palliative and mental healthcare. Let us not support this Bill; let us vote against this Bill today. I believe we have to do so for our people.

Sentencing (Cruelty to Pets)

Jim Shannon Excerpts

Thursday 16th July 2015 Westminster Hall

[Andy Slaughter]

Indeed, and the maximum £15,000 fine was for six separate offences. Most fines for individual offences are way below that level. I am not sure whether the maximum fine, which was increased to £20,000 by LASPO, is necessarily inadequate. It might just be that the courts are not imposing fines. Fines have to be proportionate, because it is pointless fining people who will never have the means to pay. We perhaps need to find an alternative such as community sentences. There can be no reason for not fining commercial enterprises, or people who are making profits from dog breeding, at or near the maximum.

The unlawful trafficking of puppies with little or no regard for their health means that many fall sick or die shortly after purchase, leaving their owners not only heartbroken but often lumbered with large vets’ bills. Such trafficking also results in unsocialised dogs that present a threat to humans and other animals. Dogs are effectively treated as mere commodities by the people who are selling them. There is ineffective regulation, a lack of information for pet owners and a failure to address irresponsible and cruel breeding practices. The coalition Government struggled with those issues, and I hope the new Government will make headway. If they do, they can count on our support.

We pledged to review the inadequate regulation of the sale and breeding of cats and dogs. Poor breeding and rearing practices contribute greatly to the number of abandoned animals in rescue centres, and tougher sentencing might play a part in stopping animals being abandoned. That will have a beneficial effect down the line, including for animal rescue centres, which do such a fantastic job. We urge the Government to build on the Animal Welfare Act and the strategy we proposed.

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland, just last year, a sentence was handed out to a father and his sons for extreme cruelty to animals. The shock among the community was such that elected representatives such as me, and many others, sought for the case and the sentence to be reviewed. We sought a custodial sentence that reflected the severity of the cruelty. Unfortunately, the reply stated that the judge was unable to give the type of custodial sentence that should have been given because the law did not allow that to happen. What the hon. Gentleman is saying, and what I suspect every other hon. Member has said, is that that needs to be reflected in the law of the land to enable judges, whenever the situation arises, to hand down a custodial sentence that reflects the severity of the cruelty. Society finds the current sentences distasteful when it sees such cruelty. We must ensure that people who commit such crimes receive the correct sentence.

[Andy Slaughter]

As always, the hon. Gentleman makes a good point. I hope the Minister will address all those issues in full, including the use of current sentencing powers—not only custodial and financial penalties but preventing offenders from keeping animals and monitoring repeat offenders.

Returning to my point, will the Minister commit to reviewing the existing regulations on the sale and breeding of cats and dogs? This has been an interesting week for animal welfare campaigners, who know that they can always rely on the Labour party. Perhaps they can now also rely on the Scottish National party, but no other mainstream political party can equal our track record on delivering for animals, be they domestic pets or wild animals. Whether it is legislating on hunting with dogs, fighting to protect wild animals that are being exploited in circuses or introducing the Animal Welfare Act, we have a strong legacy.

When the Animal Welfare Act was published, my right hon. Friend the Member for Exeter (Mr Bradshaw), the then Minister with responsibility for animal welfare, said:

“Once this legislation is enacted, our law will be worthy of our reputation as a nation of animal lovers.”

Almost 10 years later, we need to ensure that the Act is working properly in relation to sentencing guidelines, and I offer the Minister our full support in ensuring that that is still the case.

I end by quoting Gandhi:

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”

I am glad Bridget is recovering from her traumatic experience and I am glad there are some good stories, but in preparation for this debate I read some harrowing stories of animal cruelty. I look forward to hearing the Minister’s proposals for how we can discourage and punish such cruelty where it continues.

Colin Worton

Jim Shannon Excerpts

Wednesday 1st July 2015 Westminster Hall

[Ian Paisley (North Antrim) (DUP)]

I beg to move,

That this House has considered the case of Colin Worton and compensation following an acquittal.

The case of Colin Worton is an indictment of the justice system and how it operated in Northern Ireland. I ask Members to cast their minds back 32 years, to when Northern Ireland was in the midst of the troubles. At that time, a Roman Catholic workman, Adrian Carroll, was murdered, gunned down in the streets of the city of Armagh. That was an injustice that has not been properly addressed. In fact, 32 years ago, a double injustice was done, when Colin Worton, a serving solider in the Ulster Defence Regiment, was arrested, held, questioned and subsequently charged. He was held behind bars for several years awaiting trial, where the case was thrown out because it was deemed by the judge that the statement he had made had come about under severe duress.

That injustice affected Colin Worton’s entire life and all his family. His father had already lost one son to terrorism, gunned down in the Kingsmill massacre. He then effectively lost his other son, Colin—a man who was serving Queen and country—along with Colin’s good character, through a smear and a charge that he was somehow a terrorist.

[Jim Shannon (Strangford) (DUP)]

Colin Worton served in the Ulster Defence Regiment, as did I. He worked long hours, at unsociable times. Is it not despicably wrong that a man who gave so much for Queen and country and for his neighbours and his friends—indeed, to protect his enemies as well—is still waiting on justice today?

[Ian Paisley]

My hon. Friend’s comments echo and amplify the indictment of a system that has blinded itself. Justice has to be fair, but when it blinds itself so much to an injustice that it cannot find a mechanism or way to clear and compensate a man properly, something is fundamentally wrong with the system.

Human Rights Act

Jim Shannon Excerpts

Tuesday 30th June 2015 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak on this matter. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on bringing it forward.

It is my belief that we are elected to this place to do the best for our constituents. The best may not always translate as the most popular, but these are the choices that must be made by Members of this House. I cannot say that no good has come from the Human Rights Act—this would be an untruth—but I can, and as an MP I should, question whether it is the best form of rights protection. My conclusion may not please everyone in the House, but it is something that my party and I have deeply considered. We do not believe that it is the best way of protecting rights.

The Democratic Unionist party has long been critical of the Human Rights Act and the way in which it has been interpreted by the European Court of Human Rights. The Act has been abused by criminals and terrorists, who have used spurious challenges to avoid deportation. It has failed to protect the rights of innocent victims adequately. We want laws that assist victims to secure justice rather than enabling perpetrators to avoid it. We support, as a minimum, the reform of the Human Rights Act, to remove the “right to family life” defence against deportation upon conviction for a serious criminal offence.

[Ms Margaret Ritchie (South Down) (SDLP)]

Does the hon. Gentleman agree that his party is part of the institutions? His party leader is the First Minister in Northern Ireland and he is part of those institutions, as is his party. That is deeply enshrined with the Human Rights Act and the Good Friday agreement. Both are co-related; one cannot exist without the other, and central to all of that is human rights.

[Jim Shannon]

Obviously I would not agree with that. We certainly do not adhere to or support the Belfast agreement. We have no affinity with it whatsoever—I will speak about that later, if I can.

Whereas the Human Rights Act in principle was a good thing, once lawyers became involved it changed. A researcher in my office has a BA in law and I understand that she and I agree about this. I sometimes feel when I hear of European judgements that the status of our own judiciary is perpetually challenged by cases in courts where some of those presiding have questionable experience and make questionable rulings. How often do we hear of a European ruling and ask, “How can this be?”? Many is the time I ask this, and others do as well. The ruling on the Abu Qatada case has been mentioned, and it has been revealed that seven out of the 11 top judges at the Court have little or no judicial experience. Our British judges have to go through all the years of professional experience before they get to that position, yet some of the other judges making those decisions do not have the necessary experience or qualifications. How can we accept judicial rulings by those who are not in a position to do their job? That is one of my major reasons for opposing the enforcement of the Human Rights Act over our own law and rulings.

[Robert Neill]

Will the hon. Gentleman give way?

[Jim Shannon]

Mr Betts, I am conscious that others want to speak, and I want to give them the chance.

Four-hundred and twenty-five foreign national prisoners won their appeals against deportation

“primarily on the grounds of Article 8”.

I have some concerns about article 8; perhaps the Minister will give us his thoughts about that.

In response to those who say that any amendment of the Act would be a breach of the Belfast agreement, my answer is short and clear—I am sure that the hon. Member for South Down (Ms Ritchie) will listen carefully to this. The DUP did not support the Belfast agreement and has no affinity with it whatsoever. In fact, it has long argued that the United Kingdom should have a Bill of Rights that recognises and respects the diversity of the devolved arrangements across the country. The more pressing challenges that face the devolved institutions in Northern Ireland relate to the £2 million per week penalties being incurred because Sinn Fein has reneged on the Stormont Castle agreement—an agreement, incidentally, that the party of the hon. Member for South Down has adhered to as well. Yet she tells us off for not supporting the Act, when she and her party have not acted on what they signed up to in the Stormont Castle agreement, depriving us of £2 million that could be used to employ more nurses and teachers.

The DUP is fully committed to creating a society in which people are safe, secure and protected. We are also working to tilt the balance away from the criminals and towards the innocent victims of crime. That is where our focus will be. For too long people have felt as though the forces of law and order are not fully on their side. We are working to change that. Whether the hindrance lies at a local, national or European level, we want it tackled. It is for that reason that the DUP and I firmly believe that the Human Rights Act cannot continue as it is.

Safety in Prisons

Jim Shannon Excerpts

Wednesday 17th June 2015 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak on this matter. I congratulate the hon. Member for York Central (Rachael Maskell) on outlining the issues so well and in such detail. Issues of staffing, safety and security are not limited to England and Wales, and I would like to give a Northern Ireland perspective to the matter and refer to the Select Committee on Justice’s report in the short time I have available.

The issues in Northern Ireland are no different from those on the mainland. Prison guards feel that they have no ability to restrain or confront dangerous inmates who damage televisions and wantonly break and vandalise equipment that they know will have to be replaced. My hon. Friend the Member for Upper Bann (David Simpson) referred to the £10 million that has been spent on repairs and infrastructure. With some inmates, there is a sense of, “They cannot do anything to me. There are no consequences to my actions.” Issues in England and Wales are pertinent to Northern Ireland, and I spoke to the Minister before the debate to make him aware of the issues to which I wanted to refer.

I am not sure whether the availability of drugs in prisons will be touched on, but something is seriously wrong. People who are not addicted when they go to prison become addicted while they are there. How can that be? I have read some correspondence between the Minister and the Department of Justice in Northern Ireland. Scanners are being introduced to prisons, but they sit gathering dust in offices. I understand that they are not used because prison staff do not want to offend the people who are smuggling drugs into prison. There has to be a method of change, and that has to start at the top with the governors.

Last week, I intervened in the debate on lenient sentences to say that there is a problem when stronger sentences are not handed down for crimes. Let us be clear: people are in prison for a reason: they have done something wrong. The law of the land has laid that down. We need to ensure that funding is available to staff prisons adequately. It is a vicious circle: we need more officers to staff the inmates and to keep things under control, but we also need a legal system that adequately reflects the seriousness of the issue. I am not in any way asking for a call-back to the days when prisoners were kept in their cells day and night; we should be rehabilitating prisoners, and giving them the skills to turn their lives around in the outside world, but we cannot do that by fostering a gang mentality.

Some constituents told me last week about the situation at Maghaberry prison. The dissident republicans can go outside and have their physical exercise and enjoy the sun, which we do not get very often in Northern Ireland, but the Protestants and loyalists in the other section are on 23-hour lockdown. I know that that issue is not the Minister’s responsibility, but I want to have it on the record, because it has been brought to my attention and I am concerned.

There has to be honesty when it comes to the prison system. I have known some people who had a time in prison due to the troubles and came out changed men. They own their own businesses, take care of their families and have become upstanding members of the community. As the hon. Member for York Central said, prison can change people, if things inside are done correctly. It is important that we rehabilitate and skill people to give them a different focus and direction when they get out.

I want to comment on family visits. Accessibility to prisons is so important for families who are unable to travel as much as they would like. It is only right and proper that the Justice Committee’s report expressed grave concern over the increases in assaults, and the hon. Lady referred to that, but we cannot ignore self-harm and suicide among inmates. I will quote from the background notes. One lady referred to her son, who was a suicide victim. She said:

“The Prison Service has our loved ones and they don’t know how to cope with them, they are not trained properly to deal with mental health and they haven’t got the staff to cope.”

Another lady said:

“I didn't expect them to love him, but I did think they would look after him until he came home to get proper treatment.”

We have to look at those issues. They cannot be ignored, because suicide and self-harm does happen.

We have to address assaults. The report said that evidence gathered from Her Majesty’s inspectorate of prisons, the Government’s performance data and other sources

“all indicate a deterioration in standards of safety and performance across the prison estate over the last two years”.

Those issues have to be addressed not only here on the mainland in England and Wales, but in Northern Ireland. I will send the Minister responsible in Northern Ireland the Hansard transcript of this debate and outline the things that we have recognised. The issues are similar in Northern Ireland, and we need to do something.

We also need to recruit more prison officers. We cannot ignore the experienced officers who have left. I am conscious that other people wish to speak, so I will leave this concluding remark: experienced officers have the knowledge and qualities that enable them to deal with things. New officers come in and have to learn how that works. Perhaps more should be done to keep our experienced officers and to ensure that they can mentor and bring on the new officers coming in. I again congratulate the hon. Lady on giving us all a chance to speak on this massive issue, which is important to me, the prison officers I represent, and those who are in prison because of their deeds, but who we hope will come out better people.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 17th March 2015 Commons Chamber

[Simon Hughes]

There are two points. First, my right hon. Friend the Secretary of State and all Ministers are very clear that when vulnerable individuals go into the criminal justice system we must identify whether in fact the issue that needs to be addressed is a mental health issue or is a drugs issue or something else. So we try to prevent people from going through the criminal justice system because it is not user-friendly, particularly for young people. If there is no alternative, we need to make sure that steps are taken, for example that youngsters do not have to come to court but can appear from a distance, such as by video-link, and that they are supported through the whole of that process, not just through the court case but a considerable time thereafter.

[Jim Shannon (Strangford) (DUP)]

Has the Minister considered closer co-operation with the Department for Education to make this matter a staple subject in the curriculum? Would he further consider training for voluntary groups so that they can be aware of the telltale signs of grooming?

[Simon Hughes]

The hon. Gentleman is right to raise that issue. NSPCC research has shown that six in 10 teenagers have been asked for sexual images or videos online. That is an extraordinary figure, and many of them feel compelled to provide those images as a result of peer group pressure. We are absolutely convinced across the Government, including in the Department for Education, that personal, social, health and economic education—of which sex education is a part—is an important strategy. We need such an education process in the curriculum in every school to warn youngsters of the dangers, so that they know how to deal with them.

The Hague Abduction Convention

Jim Shannon Excerpts

Tuesday 10th March 2015 Westminster Hall

[Mark Durkan]

As I was saying before the Division, I was prompted to introduce the debate by a number of issues and observations that have arisen from cases that have been shared with me by Foyle Women’s Aid—not all relate directly to people in my constituency, but all those involved have been using the support of Foyle Women’s Aid—and from some other cases.

I stress that at no point will I be questioning specific decisions in specific cases, nor will I be naming any of the people involved in the cases. That is partly because of the sensitivity of a current case, which I suppose has most prompted me to raise the issue. Just this week, a woman has had to return to Australia with her child, who was born in my constituency, on the basis of decisions that have been made following a case taken under The Hague convention.

I stress that I am not trying to involve the Minister in anything that would rightfully be within the purview of the devolved Department of Justice in Northern Ireland. Perhaps more importantly, I assure Ministers not just here, but in Northern Ireland, that in no way am I trying to second-guess any decision by any judge of the Northern Ireland courts. I want to be very clear that the Lord Chief Justice should have no concern with any of the aspects of the debate that I will raise here today. I do not believe that Members should use any forum of the House to try to second-guess or overturn decisions of judges or the courts.

Rather, the issues I want to raise today are about whether we as legislators need to give more consideration to The Hague convention as it stands, whether the 1985 Act is sufficient and whether additional light needs to be shed on the issue, given all the experience and understanding we now have in relation to the changes to family life and our understanding of it. There is also greater internationalisation of life now and far more complicated trans-jurisdictional arrangements are in place. Also, a more acute understanding has arisen as to the limited regard that different aspects of the law have had for key principles such as the best interests of the child. There is also the question whether the law is duly responsive to any evidence or allegations that arise about conditions of abuse that might have affected a child or that might affect a partner.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman has raised an important issue. A parent whose child has been abducted will be aware that their access to legal aid is restricted. Given the vulnerability of all the parties involved, does he agree that it is vital to ensure that they all have the assurance that they will be represented fairly?

[Mark Durkan]

I thank the hon. Gentleman for raising that point. Legal aid is a key issue for anyone involved at either end of cases such as these, whether they want to bring a case to have their child restored to their custody or they find themselves accused and become a defendant in such a case. The question of legal aid, and the restrictions on it, is particularly acute. Although Ministers have, perhaps understandably, changed position on some elements of legal aid because of more specious cases or cases in which people were testing any sort of claim culture connected to accidents, the fact is that, for a parent, a case about their child is a matter not of calculated choice, but of the emotional imperatives that come with being a parent.

It is important that people should have as much recourse to legal aid as possible, and the decisions around legal aid should be duly sensitised to such situations. Certainly, in a recent case that I know of, a woman has found herself facing a case of child abduction, and on being told to take a child who was born in Northern Ireland back to Australia she found herself in precisely the position whereby she was weakened, so I know this can come on either side of such cases. I am sure that the Minister would be sensitive in all such situations, although we are talking in this case not particularly about one side or another, but about the balance of justice, which goes to the heart of the legal aid questions.

I want to return to the points that particularly concern me, which arise from decisions made recently. I am not concerned because the court made those decisions, but a question arises for legislators and for the Government as the transposing signatory to The Hague convention as to whether we are perhaps leaving courts in a position where they have to take decisions on fairly narrow grounds in fairly shady light, sometimes having to disregard evidence that people try to bring forward in relation to either abuse against them that they allege took place at the hands of the other parent or where they say they have evidence of ill treatment or questionable treatment by the other parent of the child.

It seems that the courts tend to set a very high threshold in relation to consideration of any such evidence, and also then say that it would not be for them to determine anyway, but would be for the court in another jurisdiction if the child was to be returned to that other jurisdiction. It seems that in child abduction cases the courts and the legal profession find themselves almost adopting a standard akin to the rules of the road. For instance, in car accident cases it is automatically presumed that if a person has driven into the back of another car, the liability lies with that person. It does not matter about any other circumstances or conditions; the court does not want to know. It is straightforward.

I hear such a message from people who have handled a number of cases, and the woman who has this week had to return to Australia felt that she was in such a situation. The evidence that she had been raising and pursuing was essentially set aside. That is not because the court did not want to know or because judges wanted to be insensitive to that, but that is not how the law stands and it is not how the law tests such things. Essentially, for the court, the real issue was to decide where the jurisdiction on the matter should rest, and the court has basically said that any of the other issues would be for a court in Australia to decide. That point does not stand alone.

The mother obviously appealed the decision that was made in respect of her and her two and a half-year-old child, but she had to give undertakings. On losing the appeal, she had to sign the following:

“The Appellant agrees not to institute, encourage or pursue any criminal proceedings whether in Northern Ireland or Australia, against the Respondent in respect of any of the allegations made against the Respondent in the course of the Hague Convention proceedings.”

Here we have The Hague convention being operated and brokered via the courts on the basis that, even if there is evidence that could give rise to possible criminal proceedings, as part of the discharge of a case under The Hague convention such evidence is not to be pursued.

As a legislator, I believe that that goes against the grain and the spirit of much of what we have heard from the Government in recent times about more responsive and alert reactions to evidence that arises in different family circumstances.

In this particular case, issues did arise around whether the child was exposed to risk. I do not want to go into any of the particulars of that, but the determination seemed to be that that was not a matter on which the courts would or could hear anything. Again, to my mind, that is inconsistent with the very clear standards that we hear ringing right across all the political institutions in recent times: in relation to the position of children, every effort will be made to ensure that the best interests of the child are fully considered and addressed.

In relation to how such cases are addressed, it seems to be very hard for anyone to find out whether anybody has the role of advocating the best interests of the child. It is not clear that the court is in a position to hear or take the evidence. Perhaps we need to apply some of the yardsticks developed under the Modern Slavery Bill, which states that in some instances there will be a child advocacy service whose responsibilities will be particularly to speak to and address everything on the basis of the best interests of the child. Perhaps that should be applied here.

I hope that the Minister and his Department, and his colleagues in other Departments, because I know this cuts across various Departments, will take the spirit of what has been said on so many other fronts and make sure that it also informs how we go forward with The Hague convention, in terms of how we address it as legislators, how the Government address their role as a signatory and how they take forward their discussion with other Governments in modernising The Hague convention and the various memorandums of understanding that go with that, so that none of what we are saying in relation to child abuse and domestic violence—violence against women or anything else—runs out when it comes to the very important and vexed issue of The Hague convention.

Probation Service

Jim Shannon Excerpts

Tuesday 13th January 2015 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Stretford and Urmston (Kate Green) on securing this important debate, which allows us to discuss the changes in great detail. I thank her for her speech, which accords with my thoughts. Policing and the probation service is a devolved matter, so the Minister is not directly responsible for what happens in Northern Ireland.

This debate is about probation changes. I want to make some brief comments about Northern Ireland, and then I will make some observations about what the hon. Lady said and raise my concerns. Often, when something happens on the UK mainland, it becomes a line of thought for Northern Ireland, and I would be concerned if that happened with probation services.

The changes to the probation service in Northern Ireland are all monetary. Budgets have been reduced, which has had the effect of increasing reoffending. The budget for the Probation Board for Northern Ireland has been reduced to approximately £18 million, which, it has said, is likely to increase reoffending. I, like probably everybody else here, believe that investing in probation saves money in the long term. It saves money in the criminal justice system and ensures that offenders do not reoffend. The 12% cut to the budget of the Probation Board for Northern Ireland has put the service under more pressure and will lead to more reoffending. That, in a nutshell, is where we are in Northern Ireland. Changes have been made to the Probation Board to cut costs. The hon. Lady outlined the potential changes in England and Wales, and I want to make a couple of observations about that.

I am concerned about what is being discussed here because we in Northern Ireland look to the mainland for policy direction. We look to the mainland for what is right so we can consider it when we make policy in the future. I am conscious that the difficulties in the Government’s proposals might affect us. Under the new plans, in England and Wales private companies and charities will be offered payment by results for supervising people released from jail. Every offender who leaves jail, including those who have spent only a few days in prison, will have to complete a year-long supervision period, and they will return to custody if they reoffend.

People have expressed concerns that the plans to privatise 70% of the probation service will lead to more criminals reoffending while on parole or probation while the changes are being put in place. The hon. Lady outlined that issue clearly. She put myriad questions to the Minister, for whom I have great respect. He is deeply interested in this subject, and I look forward to his response.

Some 400 serious crimes are committed by people on probation or parole each year. The National Association of Probation Officers, the probation union, claimed that that figure could rise, as there will not be enough staff in the private sector to recognise the risks properly. My concern is that restricting staff and changing criminals’ supervising officers will increase the chance that criminals will reoffend. The hon. Lady outlined that problem clearly. Under the Government’s plans, public sector probation will focus purely on public protection, and the winners of the rehabilitation services contracts will deliver reductions in reoffending. The statutory probation agency could continue to sit on boards, but, crucially, unless it manages the contracts for rehabilitation, it will have little authority and no budget to influence reconviction rates. There is a clear need for tougher reoffending targets. Perhaps the Minister in his response can indicate whether the Government’s intention is to set targets. If such targets are met by the companies, will they be rewarded in some way to encourage them to do more?

Undoubtedly, the system needs changes and the aims are admirable, but how effective the changes will be is another question altogether. More than half a million crimes are committed each year by those who have broken the law before. The reforms will finally address the gap that sees 50,000 short-sentence prisoners released on to the streets each year with no support or incentive not to reoffend.

Although the reforms are a welcome step in the right direction if done correctly, people have concerns. Payment by results is a frightening possibility, because for many of the people released from prison, the results can be a long time arriving. There is also a risk that that might mean that companies target those who will likely get them good results. I am sure that that is not the Government’s intention, but that is a potential result that we need to keep in mind and consider putting safeguards in place to prevent.

[Jenny Chapman (Darlington) (Lab)]

The hon. Gentleman is making some considered points about how the programme may or may not apply in Northern Ireland. My advice would be that he could gain the benefits that the Government aspire to achieve from very different means that would have far fewer risks to public safety. We care about what happens in Northern Ireland, just as he cares about what happens on the mainland, so I urge him to consider alternative approaches that may be safer.

[Jim Shannon]

I thank the shadow Minister for that valuable assistance to my line of thought. Westminster Hall debates provide an opportunity to discuss these matters and see what we can do. We all believe in the United Kingdom of Great Britain and Northern Ireland altogether and I hope to see that retained.

One of the changes that perturbs me greatly—there are public safety concerns—relates to the access of all staff to detailed case records. Some cases contain details of victims, including rape victims. Access could mean that their names become known outside the system. What precautions will the Minister put in place to ensure that that does not happen?

The hon. Member for Coventry South (Mr Cunningham), who just left, mentioned a pilot scheme. In many cases, pilot schemes are an opportunity to get it right, which goes back to what the shadow Minister said. I wonder why such a scheme was not considered to bed the programme in, allow us to learn from what was wrong and improve on that. We in Northern Ireland could have taken from that the best way of operating, because, no doubt, we will consider such a programme in the future.

Undoubtedly, any work that supports offenders is welcome. We want to help to make staying out of trouble a reality. However, that needs to be achievable. This programme will certainly help in that process, but we need to be wary of cutting or changing the probation service so much that it can no longer function efficiently.

We want to keep our services working as well as they possibly can. That may mean encouraging private companies to work alongside them, but let us be mindful that it is just that—our services and private services working alongside one another in harmony for the benefit of the community—and not a replacement for the great probation service we already have. I thank the hon. Member for Stretford and Urmston for giving me the chance to speak on this matter.