Criminal Justice and Courts Bill Debate
Full Debate: Read Full DebateDepartment: Ministry of Justice
Philip Davies
Main Page: Philip Davies (Conservative - Shipley)Department Debates - View all Philip Davies's debates with the Ministry of Justice
Criminal Justice and Courts Bill
Philip Davies Excerpts(9 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
With this it will be convenient to discuss the following:
New clause 31—Tagged curfew on remand not to count towards time served—
‘(1) The Criminal Justice Act 2003 is amended as follows.
(2) In subsection (1B)(c) of section 237, leave out “or section 240A”.
(3) In the italic heading before section 240, after “custody”, leave out “or on bail subject to certain types of condition”.
(4) Leave out section 240A.’.
New clause 37—Open prisons: deportees—
‘No prisoner serving a sentence for which he is liable for deportation can be moved to a Category D prison.’.
New clause 38—Resettlement licence: deportees—
‘No prisoner serving a sentence for which he is liable for deportation can be eligible for resettlement licence.’.
New clause 39—Open prisons: murderers—
‘No prisoner serving a sentence for murder can be moved to a Category D prison.’.
New clause 40—Resettlement licence: murderers—
‘No prisoner serving a sentence for murder can be eligible for resettlement licence.’.
New clause 41—Open prisons: serious offenders—
‘No prisoner serving a sentence for an indictable only offence can be moved to a Category D prison.’.
New clause 42—Open prisons: victims—
‘No prisoner serving a life sentence can be moved to a Category D prison before the views of the victim or the victim’s family have been sought and considered by the Secretary of State for Justice.’.
New clause 2—Meeting a child following sexual grooming etc.—
‘(1) The Sexual Offences Act 2003 is amended as follows.
(2) In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”, substitute “one”.’.
At present, someone is only considered to be committing an offence if they contact the child twice and arrange to meet them or travel to meet them with the intention of committing a sexual offence. This new Clause would mean that the perpetrator would only have to make contact once.
New clause 3—Offence of abduction of child by other persons—
‘(1) The Child Abduction Act 1984 is amended as follows.
(2) In section 2(1) (offence of abduction of child by other person) for “sixteen”, substitute “eighteen”.’.
At present, there is a disparity between the ages that children must be to be considered to be abducted depending on whether they are in the care system or not. This new Clause would rectify this disparity and set a consistent age of under 18.
New clause 15—Aggravated offences against members of the armed forces—
‘(1) Part 12 (Sentencing) of the Criminal Justice Act 2003, is amended as follows.
(2) At the end of section 146, insert—
“147 Increase in sentences for aggravation related to membership of the Armed Forces
(1) This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).
(2) Those circumstances are—
(a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being a former or serving member (or presumed former or serving member) of the armed forces or army reserve; and
(b) that the offence is motivated (wholly or partly) by hostility towards persons who are former or serving members of the armed forces.
(3) The court—
(a) must treat the fact that the offence was committed in any of those circumstances as an aggravating factor; and
(b) must state in open court that the offence was committed in such circumstances.
(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
(5) In this section “armed forces” means Royal Navy, Army and Royal Air Force, both regular and reserve.’.
Amendment 20, in clause 18, page 17, line 29, leave out from ‘portrays’ to end of line 42 and insert
‘sexual activity which involves real or apparent lack of consent or any form of physical restraint which prevents participants from indicating a withdrawal of consent’.
Philip Davies
New clause 29 stands in my name and that of my hon. Friend the Member for Bury North (Mr Nuttall). I appreciate that with this group of amendments time is of the essence, so I will try to be as snappy as possible. I usually try to accommodate interventions, but I hope that Members will be mindful of the fact that there are amendments in the group that have been tabled by others. In the interests of time, and in order to allow everyone a fair lick of the sauce bottle, I will try to refrain from speaking to the amendments that do not stand in my name, even though there are things that I would like to say about them if time allowed.
New clause 29 would reverse the changes made in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in relation to those who are eligible to be recalled to prison for just 28 days for breaching their licence. The Criminal Justice and Immigration Act 2008 amended the Criminal Justice Act 2003 to enable fixed-term recalls in the first place—one of the many shameful things done in the law and order field by the previous Labour Government. However, the 2012 Act further amended the 2003 Act to extend the use of fixed-term recalls to previously denied prisoners. That is another example of the previous Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), being even more lax on law and order issues than the previous Labour Government. Many of us might have thought that that would be rather hard to achieve, but he managed it in that particular field.
Most people believe that when someone is let out of prison early, whether it be halfway through their sentence, a quarter of the way through on home detention curfew, or at some other point before they should be let out, if they reoffend during that time or breach their licence conditions, they should go back to prison to serve the rest of their original sentence—at the very least; one might even argue for sending them to prison for longer. Unfortunately, this is not only not always the case; it is often not the case, or may even never be the case at all.
Jeremy Wright
I have a nasty feeling that my hon. Friend is not going to welcome much in the Bill, but may I ask him at least to welcome one thing? He will have noticed, I am sure, that we propose to increase the penalties for those who fail to comply with their licence. Does he at least accept that that is a good idea?
Philip Davies
I absolutely accept that the current Lord Chancellor, with the help of my hon. Friend the Minister, is doing his very best to try to undo lots of the mistakes made by his predecessors; I am the first to acknowledge that. My contention is that the Government are not going anywhere near far enough in meeting the needs and expectations of the general public. Yes, of course they are making small steps in the right direction, but they are far too small and I would like them to go further.
Andrew Percy (Brigg and Goole) (Con)
May I reassure my hon. Friend about the views of the public? I spend my weekends out on the doorsteps talking to people in Brigg and Goole, and the one thing they tell me about law and order is that they expect that people who go to prison should serve their full term. The idea that somebody can breach their licence and then in effect have a 28-day all-inclusive holiday is completely and utterly outrageous. I entirely concur with what he is saying, and so do the people of Brigg and Goole.
Philip Davies
I am grateful to my hon. Friend, and, of course, to the people of Brigg and Goole who are so ably represented by him in Parliament. He is absolutely right. Most people think that when somebody is sent to prison for whatever length of time the court hands down, they should be there for that period of time. It beggars belief that even when they are released from prison and commit another offence, they do not go back for the original sentence that was handed down.
There is no licence period for offenders serving less than one year in prison, and that covers about 60% of the prison population at any one time. Many of the remaining prisoners will be released on licence halfway through their sentence. Fixed-term recalls were introduced in 2008 to reduce the pressure on prison places. It was not done because it was the right thing to do, but because the previous Government got completely overwhelmed on the matter of prison places. Unfortunately, not much appears to be known by the public, nor—dare I say it?—by many colleagues in this House about how the system of fixed-term recalls works. A fixed-term recall occurs where the offender breaches their licence and is returned to prison for a mere 28 days, as my hon. Friend the Member for Brigg and Goole (Andrew Percy) said—not for the rest of the prison term they were originally given, not even for most of it, but for just 28 days.
When fixed-term recalls were introduced, they excluded certain offenders. However, in his bid to reduce the prison population still further, the former Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe, relaxed the eligibility criteria by way of a change in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. I always had my doubts about the fact that the punishment of offenders was mentioned in the title of that Act, because it seemed to do anything but punish offenders, and I was right to be concerned. As of 3 December 2012, fixed-term recalls were made available to previously denied prisoners. These were offenders serving a sentence for certain violent or sexual offences, those subject to a home detention curfew—that is, serving some of their prison sentence at home—and, most shockingly, those who had previously been given a fixed-term recall for breaching their licence within the same original prison sentence. I suspect that not many people realise that, and they certainly will not like it when they do.
One unbelievable thing that I recently found out is that in the nine months from January to September last year, 785 of the prisoners serving sentences of one year or more who had been released on licence before the end of their sentence were not only recalled to serve just 28 days for breaching their licence once, and then released, but subsequently recalled to serve another 28-day spell and then released again before the end of their original prison sentence. In nine months, 785 of the most serious offenders in our prisons were released from prison having breached their licence, returned to prison for 28 days, released again, and then, for a further breach of their licence, returned to prison for just 28 days and then released again. You couldn’t make it up, Madam Deputy Speaker. This is a complete failure of policy that is completely indefensible and unjustifiable. I am not easily shocked when it comes to any matters relating to justice, but this has to be one of the most unbelievable policy decisions of all time, and I doubt there is much support for it among the general public. I would love to hear the Howard League for Penal Reform, otherwise known as the prisoner’s friend, and other do-gooding organisations justify this kind of approach.
In answer to one of my recent parliamentary questions about the Bill, my hon. Friend the Minister said:
“Fixed term recalls will continue to be used in low-risk cases where a short period back in custody is sufficient to deal with the breach and the offender can then safely be re-released to continue with their rehabilitation under licensed supervision in the community.”—[Official Report, 3 March 2014; Vol. 576, c. 641W.]
My new clause would remove those who have committed serious offences from eligibility for the 28-day recall, as well as those who have already been given a chance on a 28-day recall and gone on to breach their licence conditions again. If what the Minister says is really the case, surely he and the Lord Chancellor, who is, I believe, much more in tune with public opinion and more on the side of the victim than the criminal—certainly compared with his predecessor—will do something to rectify this appalling state of affairs and support my new clause. Unless he can offer some sensible measures to address these points, I intend to press it to a vote.
New clause 31 proposes that time spent on tagged curfew would not count as time on remand. The Criminal Justice and Immigration Act 2008 amended the Criminal Justice Act 2003 to allow periods of time spent on tagged curfew, on bail, to count as credit towards any eventual custodial sentence. As I said on Second Reading of this Bill, I want an end to the ridiculous position whereby time spent on tagged curfew is credited as though it were time spent on remand in prison. The new clause would remove that entitlement. Currently, when someone is on bail on an electronically tagged curfew from, say, 11 pm until 8 am, and they then receive a custodial sentence, the amount of time they have to serve in custody is reduced by half a day for each nine hours or more spent on the curfew beforehand. I have never understood the maths of it. If nine hours is spent on a curfew, how does that equate to half a day in prison, even if the two things were comparable, which, in my view, they are not? I appreciate that some people will have had curfews longer than nine hours, but some of those who had nine-hour curfews will still be getting the benefit of this credit. The credit also inevitably means that some people avoid prison altogether. If they have been on a curfew for a certain period of time and then receive a custodial sentence of a certain length, they will never see the inside of a prison cell despite the court having deemed that only a custodial sentence was appropriate for the crime they committed.
I can do no better than repeat what my hon. and learned Friend the Member for Harborough (Sir Edward Garnier) said as shadow Minister in 2008 when this proposal was first being made by the previous Labour Government:
“One of the greatest concerns of the public is that the current system leads to dishonesty in sentencing. People do not seem to understand that when a person is sentenced to two years in prison, that actually means that he will be in custody only for one year. It provides yet another example of how the Government, in order to overcome the difficulties of prison overcrowding, are guilty of promoting an untruth.”
He went on to say that a curfew
“cannot be considered the equivalent of having spent time in prison awaiting sentence, but the new clause directs the court to take all that time—described as ‘the credit period’—into account in reducing the custodial sentence. I am afraid that the public will find that rather difficult to understand.”
He went on to say, as I quoted on Second Reading:
“If someone has committed an offence that crosses the custody threshold—an offence that is serious enough to warrant a custodial sentence—it will cause a great deal of scepticism, undermine public confidence in the justice system and make the Government look increasingly ridiculous if the court is then required to say, ‘By the way, all the time that you have spent at home in bed is time that can be taken away from your custodial sentence.’”—[Official Report, 9 January 2008; Vol. 470, c. 369.]
As it happens, back in 2008 the Conservative party voted against the then Government introducing this particular measure. Indeed, the Minister voted against it when in opposition. Has he changed his mind about this ridiculous system—if that is the case, he can tell us why—or does he still think it is ridiculous even though he does not accept my new clause? I would be extremely grateful if he could tell us why he intends to defend in this Parliament something that he thought was wrong and voted against in the last Parliament. We can only conclude that he has somehow changed his mind, but I am not entirely sure what caused that to happen.
My other new clauses, 37 to 42, all relate to open prisons and can be taken together. I am sure it will not have escaped anybody’s notice that open prisons have been a hot topic in the past week or two, with the absconding of the “skull cracker” from an open prison. The prison authorities might have thought there was a clue in his name before they decided to release him, but it appears that that was beyond them. This is a multiple armed robber who was serving 13 life sentences and had absconded from prison before—twice, I believe—but who somehow, unbelievably, found himself in an open prison and being released on temporary licence.
I had been looking at this issue for some time before the “skull cracker” case, and the more I learn about it, the more I despair. The actual facts regarding open prisons and the sorts of people being let out on day or night release are shocking. People say that open prisons are an essential part of people’s rehabilitation and that, just before they are released and have gone through all their rehabilitation, it means they can gradually work their way back into the local community. We know that that is clearly not true, because of the police’s reaction when the “skull cracker” escaped from prison. If all of this guff about rehabilitation of people in open prisons were true, when the “skull cracker” escaped from prison the police would have told the public, “Don’t worry about it, because this man was rehabilitated. He was going to be released from prison very soon anyway, so he is of no danger to the public.” Of course, the police did not say that; they said, “This man is immensely dangerous and must not be approached at any price.”
Therefore, we know for a fact that the argument that people in open prisons who are coming to the end of their sentence are being rehabilitated is a load of old nonsense dreamt up by the do-gooders. I can see from the facial expressions of the hon. Member for Cambridge (Dr Huppert) that the do-gooders are ably represented, as usual. He, along with the Howard League for Penal Reform, is the criminal and prisoner’s friend.
Dr Huppert
I hope the hon. Gentleman puts his new clauses to the vote so we can see how much of the House rejects what he is saying. Does he really not care about the research done by a huge number of organisations which shows that reoffending rates among those released from open prisons are far lower than the rates for those who are released from closed prisons? Rather than give his own personal opinions, surely the hon. Gentleman would like to see less reoffending and, hence, fewer victims of future crimes.
Philip Davies
I suggest the hon. Gentleman goes to speak to the people at the building society who were the victims of the armed robbery by the “skull cracker.” The hon. Gentleman seems to take comfort from people in a Westminster bubble—people who need to get out more—agreeing with him. I am concerned not about whether he agrees with me, but about what the general public think and whether they have confidence in the criminal justice system. He is, of course, a typical arrogant type who thinks that he knows better than the general public about everything. All I can suggest is that he knocks on a few doors in his constituency and asks people what they actually think about the criminal justice system. He may be shocked. It would be better for him not to stick to the people in the ivory towers in his constituency; he should try to speak to people on estates and those who buy their own homes. He might be surprised by what he finds out.
My new clauses 37 states:
“No prisoner serving a sentence for which he is liable for deportation can be moved to a Category D prison.”
New clause 38 states:
“No prisoner serving a sentence for which he is liable for deportation can be eligible for resettlement licence.”
Andrew Percy
I thank my hon. Friend for giving way again. On deportation, surely the debate about whether an open prison is key to rehabilitation is completely irrelevant, because these people will not be released back into society in the United Kingdom. He should, therefore, enjoy the support even of those who argue that open prisons are part of rehabilitation, because the people affected will leave the United Kingdom. The argument is completely baseless.
Philip Davies
My hon. Friend is absolutely right. I am sure we are all excited at the prospect of hearing what the hon. Member for Cambridge will have to say about these particular two new clauses and whether he thinks it is suitable for people who are about to be deported to be moved into open prisons and released on temporary licence so that they can walk out willy-nilly. Knowing him as I do, I am sure he thinks it is quite right for them to be moved to open prisons and released on temporary licence. We await his comments with baited breath. If he were to agree with me, there is no doubt whatsoever that it would be a red letter day. At that point, I think I would be able to claim that my new clause had the support of the House.
The clue to my new clauses is in the title: if someone is liable for deportation following an offence, I do not understand what grounds there can possibly be for releasing them on resettlement licence. The whole justification for resettlement day and night release is that it is supposed to help prisoners reintegrate into the area by re-establishing links with family and the local community. To be honest, I am not a fan of that at the best of times—given that many offenders spend so little of their sentence in prison anyway, I cannot believe that so many of them are not in prison when we think they are—but giving a resettlement licence to someone liable to be deported is utter madness. I cannot for one second understand the logic of it and I would be amazed if anybody could find any support for the idea from any quarter.
New clause 38 would make those liable for deportation ineligible for resettlement licence, and new clause 37 would ensure they were not allowed to be moved to open prisons. I cannot believe that I even needed to table these new clauses—I would have thought they were basic common sense—but I believe this change is essential to remove the much greater risk of these offenders absconding, knowing that they are likely to be deported at the end of their sentence in any event.
New clause 39 states:
“No prisoner serving a sentence for murder can be moved to a Category D prison.”
New clause 40 states:
“No prisoner serving a sentence for murder can be eligible for resettlement licence.”
There is nothing much more serious than dealing with the case of someone who has been murdered. The individuals who have committed such crimes have shown that they are capable of ending someone’s life, and there has to be a risk that they will do it again. It is all well and good saying that these people should be rehabilitated, but the risk is obviously at the highest possible end of the scale.
According to replies to further parliamentary questions, I was told that two murderers are still on the run, having absconded from open prison a few years ago, and that 106 offenders serving sentences for murder have absconded in less than 10 years. Those are not small numbers. As far as I am concerned, any murderer who absconds from our prison estate is one too many. It is absolutely disgraceful that 106 murderers have absconded from our prisons in 10 years. New clauses 39 and 40 would help to protect the public, who should not be put at risk in this way.
There are real-life, tragic examples of the risk these murderers pose. One of those terrible cases happened when Ian McLoughlin was on day release following a murder conviction, which in turn followed a conviction for manslaughter. He murdered Graham Buck, who had gone to help his neighbour. The offence was apparently committed on his first day on day release from prison after 21 years in custody. One day is all it takes. I believe that putting murderers in open prisons and giving them day release is playing with fire unnecessarily and creating unnecessary additional victims of crime. Such tragic cases should never have happened, and we need to make sure that they never happen again. I therefore hope that colleagues will support the new clauses.
New clause 41 would deny a prisoner serving a sentence for an indictable only offence from being moved to a category D open prison. According to an answer on 1 May to one of my parliamentary questions, there were more than 4,000 offenders in open prisons at the end of last year, including 1,227 who were in for violence against the person offences, 215 for sexual offences, 505 for robbery, 202 for burglary and 1,115 for drug offences. According to other answers, there are 643 life-sentence prisoners in open prisons, as well as 599 other prisoners serving indeterminate sentences for public protection. These are not the type of offenders I was expecting to find in open prisons. I believe that most of the public think that open prisons are for people like Lester Piggott, not people serving 13 life sentences.
Not only are such people in open prisons, but they are allowed to go out by being released on temporary licence. Some 611 prisoners serving life sentences were granted release on temporary licence in the last year for which figures are available, and 1,043 serving indeterminate sentences for public protection were granted release on temporary licence. If people serving indeterminate sentences for public protection were fit to be released from prison, they would have been released. That is the whole point of indeterminate sentences. The fact that they are still in prison means that, by definition, they are not fit to be released. I am at a loss to understand how those who have committed the most serious offences—those which justify a so-called life sentence—are allowed to move to open prisons in such numbers.
I also struggle with the basic concept that someone deemed too dangerous for release, in serving a sentence for public protection, is actually released on temporary licence. New clause 41 would ensure that no one serving the most serious sentences—for murder, attempted murder, manslaughter, section 18 wounding, conspiracy, robbery, rape, aggravated burglary, kidnapping, riot, blackmail and arson—could be moved to an open prison or released on temporary licence.
Finally, new clause 42 would mean that no prisoner
“serving a life sentence can be moved to a Category D prison before the views of the victim or the victim’s family have been sought and considered by the Secretary of State for Justice.”
Victims’ rights should be at the heart of our criminal justice system. A victim can be the person directly involved or the affected family. It is one thing to be a victim of a serious crime and it is another to hear the often far too low sentence handed down to the perpetrator, but it is an absolute outrage for the victim and their family to learn that the person has been released early, or is seen to have an easy life in an open prison or by being released on temporary licence.
One of the most stark examples is that of offenders who are transferred to open prisons, which must be very upsetting and concerning for victims in many cases. It is absolutely right that before considering any application for people to be moved to an open prison, particularly for those who have committed the most serious offence, victims and their families should have a formal input into, and their objections or comments should be heard as part of, the process of deciding whether or not that person should be moved.
I hear Members talking time and again about how they think that victims should be at the heart of the criminal justice system, that their rights should be paramount and that their views should be more carefully considered by the criminal justice system and the courts. This is an opportunity for them not just to come here and spout about the rights of victims and their families, but to do something about it by allowing victims and their families to play a formal part in the decision-making process. New clause 42 would ensure that victims’ voices are heard, with decisions taking into account what the victim has to say as well as the offender’s impact on them and their family.
I genuinely do not understand—I really do not—why anybody would object to this particular new clause. I hope that the Minister will say that he will support it and that the shadow Minister will also do so, so that we can send out a message from this House, on a cross-party basis, that we do not just say that we want victims to be at the heart of the criminal justice system, but have actually delivered something meaningful that will make an awful lot of difference to how victims feel about the criminal justice system.
I look forward to hearing other hon. Members’ views. I have no doubt that my new clauses command the widespread support of members of the public, and I would like to think that they also command an awful lot of support in this House.
Dan Jarvis (Barnsley Central) (Lab)
I will speak principally to new clause 15, which is in my name and those of the shadow Defence Secretary, my hon. Friend the Member for Gedling (Vernon Coaker), and my hon. Friends the Members for Hammersmith (Mr Slaughter) and for North Durham (Mr Jones). Before I do so, let me comment briefly on the other new clauses in this group.
The Minister will of course address the impact on the Bill of new clauses 29, 31 and 37 to 42, which were tabled by the hon. Members for Shipley (Philip Davies) and for Bury North (Mr Nuttall), but I think that there is agreement across this House that no one who poses a serious threat to the public should be in an open prison. The hon. Member for Shipley has just reminded us of the serious and much-publicised case of a prisoner absconding in recent days. Thankfully, he is now back in custody, but Ministers must explain why he was ever allowed to be in an open prison or granted release on temporary licence in the first place.
I want to make three points on new clauses 29, 31 and 37 to 42. First, we should remain mindful of the role that open prisons have played in our criminal justice system going back nearly 80 years. Except for a small proportion of offenders on whole-life tariffs, all prisoners will return to civilian life at some point, and category D prisons can help that process if they are used in the right way. The Prison Governors Association pointed out last week:
“The use of open conditions is an important factor for effective resettlement. Research suggests that reoffending rates among those released from open conditions are far lower compared to those released from closed prisons.”
Secondly, the point is to ensure that risks are properly managed so that public safety is not compromised, because this is even more of an issue today than it was four years ago. As shown by a written answer last month to the shadow Justice Secretary, my right hon. Friend the Member for Tooting (Sadiq Khan), the use of release on temporary licence has jumped by 23% since 2010. Over the same period, the Government have presided over a 57% rise in breaches in relation to those released on temporary licence. Those breaches may well be serious breaches or involve prisoners, such as Mr Wheatley, who have committed serious and violent crimes. It is therefore important that the public should receive assurances.
Thirdly, we should remember that no prisoner can be moved to open conditions without a recommendation from the Parole Board or the National Offender Management Service. Ministers must therefore answer this question: what support are they giving the Parole Board to ensure that it has proper resources to give all cases the careful consideration they need and deserve? The Government have accepted that the Bill will result in an extra 1,100 Parole Board hearings, but the Parole Board is already under severe strain. Nearly one in five staff have been cut since the last election, but although staff numbers are falling, its work load is rising. There is already a significant backlog of outstanding cases, and a recent Supreme Court ruling means that the number of oral hearings the Parole Board will have to hold is set to increase from about 4,500 per year to as many as 14,000 per year.
With that in mind, I am cautious about the blanket approach proposed by the hon. Member for Shipley, but Ministers need to assure the public that resources are in place to ensure that all decisions on moving prisoners to open conditions are properly scrutinised.
Philip Davies
The hon. Gentleman is about to move on, but I have not heard him mention new clause 42, which would give victims the right to have their say before a serious offender was moved to an open prison. Given that his party is talking about a victims’ law, can I take it as read that his party supports my new clause? If not, why not?
Dan Jarvis
I am grateful for that intervention. The hon. Gentleman can take it as read that we will look carefully at the detail of his proposal, as we always seek to do. We are consulting on these matters. The Labour party has appointed Sir Keir Starmer, QC to look carefully at these matters and he will report in due course.
I will move on to new clauses 2 and 3.
Dan Jarvis
I will not give way again, because I want to move on to new clauses 2 and 3.
I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on tabling the new clauses and on the campaign that she has led on tackling child exploitation. Sexual grooming and child abduction are difficult subjects to talk about in our society, but we must remain vigilant and do all that we can to protect children and correct anomalies in our laws. As a father of three, I applaud the parliamentary inquiry that she led with Barnardo’s. There has been much support for her new clauses from police forces and leading children’s charities. That is reflected in the fact that the proposals have the backing of Members from all parts of the House. I therefore hope that the Government will give the new clauses proper consideration. The Minister said that he was sympathetic to them in Committee, so I look forward to hearing what he has to say tonight.
Amendment 20 was tabled by my hon. Friends the Member for Bishop Auckland (Helen Goodman), for Kingston upon Hull North (Diana Johnson) and for Hammersmith and myself. There is agreement on both sides of the House about the need to tackle extreme forms of pornography. In recent months, we have heard warnings from the Children’s Commissioner about how violent pornography is distorting our children’s understanding of sexual relationships, including the normalisation of sexual violence in gangs. Research by Rape Crisis South London has shown that extreme material that depicts and glorifies rape is readily available online. We therefore welcome the steps that are being taken by the Government in the Bill.
Our amendment is designed to clarify the proposals to reflect a promise that the Prime Minister made last summer. He pledged, with regard to extreme pornography,
“to make sure that the same rules apply online as they do offline.”
Our concern is that the Bill will fall short of that. We agree that a careful balance needs to be struck so that the standard for criminalising possession is very high and people’s private sexual behaviour is respected. We think, however, that the legislation would be improved by replacing the Government’s description of rape in proposed new subsection (7A) with the text used by the British Board of Film Classification—a well-established test that is already used to judge offline content.
Amendment 20 would improve the law in two ways. First, it would make it clear that the ban on possessing rape pornography extends to all depictions of rape, even if they are staged. Portrayals of actual rapes are very rare. The content that has been identified by Rape Crisis South London and the Children’s Commissioner is primarily commercial pornography with high production values, poor acting and staged violence. It is not clear whether, under the Bill, that would be deemed realistic enough to secure a prosecution. It would certainly be banned offline, which is what the Prime Minister’s promise was based on. Secondly, the amendment would ensure that content was banned if it showed rape, but not the act of penetration. I hope that the Minister will reflect on both those points and consider accepting our amendment. It would not only implement the Prime Minister’s promise, but make it clear that extreme pornography that depicts rape and glorifies sexual violence should not be permitted in our society.
Before I go into the merits of new clause 15, I pay tribute to my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty), who has campaigned so hard on this policy. It is important to recognise that the overwhelming majority of the British public are very proud of our armed forces and hold them in very high regard. We see that right across our country. Just a glance at the latest Ministry of Defence reputation survey shows that the armed forces have a favourability rating of about 85%. That is testimony not just to the way in which those in uniform serve us in theatres abroad, but to the contribution they make to our local communities.
The sad truth, however, is that not all men and women who serve our country receive such a warm welcome when they return from operational duty. I will give three brief examples. The first case was reported by BBC Radio 5 Live and involved a soldier called Lee. He was returning to his home in Bolton from a three-month tour in Afghanistan, when he was set upon by a group of drunken thugs. When the police caught up with them, the attackers said they wanted to prove “how hard they were” by attacking a soldier.
The second example relates to the London 2012 Olympic and Paralympic games—an event that would not have been possible without the help of our armed forces to make it safe and secure. There were reports of troops being advised to travel together in groups after a number of soldiers were
“attacked, verbally abused and harassed”.
In one particularly nasty case, an off-duty soldier was badly beaten by four men not far from Tower Hill tube station, after the attackers noticed that he was carrying a military bag.
Thirdly, let me briefly tell the story of an 18-year-old called Alexander, who was training to be a soldier in the Coldstream Guards. He was assaulted in August last year, when he was jumped by a gang of eight attackers as he walked through an underpass near his home in Exeter. When they saw that he was wearing his military backpack, they stopped him and asked whether he was in the forces. The gang surrounded him, kicked him to the ground and tried to attack him with a screwdriver. Alex later told his local newspaper:
“They kept shouting Lee Rigby—like they wanted to re-create what happened.”
I am sure that the whole House will agree that those cases are appalling, abhorrent and completely unacceptable. Unfortunately, they are far from unusual. I draw the House’s attention to the armed forces and society survey that was carried out by Lord Ashcroft, with the assistance of the Ministry of Defence. The study contacted 9,000 serving personnel across all three branches of the armed forces, and is acknowledged to be the most detailed and in-depth study in the area. The survey contains a number of startling statistics. It found that more than 20% of service personnel had suffered verbal abuse in the previous five years and that about one in 20 had been the victim of violence or attempted violence.
Any attack that is motivated by hate for our armed services is one too many. Our service personnel do not ask for special treatment, but they rightly expect not to be discriminated against because of what they do for our country. That is why we are proposing action through new clause 15. It would make physical or verbal attacks against members of our armed forces an aggravated offence, when the prosecution can establish that a person’s service in the armed forces was a motive for the assault. It is a small change, but one that would send a strong signal that we will not tolerate such attacks as a society. It builds on existing laws that cover assault that is motivated by other characteristics. I hope that the Minister will give it proper consideration and support it today.
I am aware that the Government have expressed two clear reservations with the proposal. Let me deal with them both. The first argument is that the existing laws are adequate. Indeed, the veterans Minister, the Under-Secretary of State for Defence, the hon. Member for Broxtowe (Anna Soubry), told the House earlier this year that
“the sentencing guidelines make it clear that if somebody is assaulted by virtue of their being in the armed forces, that is clearly an aggravating feature”—[Official Report, 17 March 2014; Vol. 577, c. 545.]
That sounds clear, but we do not believe that it is that straightforward in practice. The current sentencing guidelines for assault do not include any specific references to members of the armed forces. They say that it will be an aggravating factor if an offence is committed
“against those working in the public sector or providing a service to the public”.
It is not clear whether that definition would always include members of the Royal Navy, the Army or the Royal Air Force, nor whether it extends to when they are off duty, which is when many such assaults take place. Amending the law so that the armed forces are specifically mentioned would bring much greater clarity.
The second argument was made by the Minister in Committee who noted:
“The current provisions deal with hostility on the grounds of race, religion, disability and sexual orientation, all personal characteristics that are beyond a person’s immediate control. Hostility on those grounds makes the offence particularly harmful, both to vulnerable individuals and to communities… However, hostility based on occupation is of a different kind.”––[Official Report, Criminal Justice and Courts Public Bill Committee, 27 March 2014; c. 518.]
I have three points for the Minister to consider. First, I understand the distinction that has been made, but what a person chooses to do with their life can become every bit as much a part of their identity as who they are or where they come from. That is especially the case for people who dedicate their lives to serving our country across the world. Secondly, I do not think that an attack on a young soldier such as Alexander, because of the uniform he was wearing, is any less harmful to our society than when people are assaulted because of who they worship or the colour of their skin. All our communities hold close connections to the men and women who put their lives on the line for us, and any hateful attack on that can be just as damaging to the bonds of our society as an attack motivated by characteristics already protected in law.
Thirdly, the Minister will know that offences are already in place that specifically cover assaults against people in certain occupations: police constables, prison workers, immigration officers and emergency workers in Scotland. Surely our armed forces deserve the same recognition. That is why my right hon. Friends the Leader of the Opposition and the shadow Defence Secretary have committed the next Labour Government to taking action on this matter. We will introduce an armed forces Bill in our first Queen’s Speech, tackling the issue of the assaults that we are debating today and outlawing other forms of discrimination against our service personnel. The Opposition have pledged to do that next year, but Ministers have an opportunity to make a head start and take action now.
I urge Members across the House to support new clause 15 today. Our men and women in the Navy, Army and Royal Air Force serve us with dignity and bravery, and in this important year of remembrance, as we reflect on those who have made sacrifices for us in conflicts past and those who continue to serve us today, it is our duty to ensure that they are treated with dignity in return.
Jeremy Wright
This has been a full debate, and I would like to respond to as much of it as I can, while still leaving my hon. Friend the Member for Shipley (Philip Davies) with a couple of minutes at the end if I possibly can—I know how he loves to have the last word.
Let me start with my hon. Friend’s new clause 29, which seeks to place statutory restrictions on certain categories of offender to prevent them being suitable for fixed- term recalls. I can assure him that it is already the case that no offender who is assessed as a risk to the public—assessed as being able to cause serious harm—can be given a fixed-term recall. Those serving a public protection sentence—the “extended sentence prisoners” referred to in the clause—are already excluded, so it is not necessary to amend the legislation in that respect.
In addition, as my hon. Friend knows, we are taking measures in clause 7 to introduce a new test for release following recall, which will mean that prolific offenders or those who are persistently non-compliant with their licence could also be deemed unsuitable for a fixed-term recall. I share my hon. Friend’s concern and, indeed, that expressed by my hon. Friend the Member for Brigg and Goole (Andrew Percy), about those who cock a snook at the legal system by persistently failing to comply with their licence. In clause 7, we seek to do something about that.
We already have measures, either in place or pending, to prevent high-risk and prolific offenders from being subject to fixed-term recalls in cases in which it would not be appropriate for them to be automatically released after 28 days. The proposals in the new clause are either unnecessary—because they are already provided for elsewhere—or would go too far in placing a blanket statutory ban on certain categories of offender. We believe that decisions about the type of recall that is appropriate should be decided on a case-by-case basis, and I therefore invite my hon. Friend to withdraw his new clause.
New clause 31 would abolish section 240A of the Criminal Justice Act 2003, which, as my hon. Friend explained, provides that when a defendant on bail is subject to an electronically monitored curfew, half the period spent on “tagged bail” may be credited as time served towards his sentence. Incidentally, my hon. Friend said that the same applied to time spent on remand, but in that instance the entire period may be credited, rather than half of it.
We want to ensure that only defendants who need to be detained are remanded in custody while awaiting trial. Tagging on bail helps to ensure that bail periods are completed successfully, and that remand prison places are taken up only by those who really need to be there. Tagging defendants and requiring them to comply with a curfew of at least nine hours each day is a useful tool that we want to continue to use. We consider that when people have had to comply with a daily curfew which restricts their liberty, that time should be taken into account.
Philip Davies
Can the Minister explain why he voted against that proposal when the last Labour Government introduced it?
Jeremy Wright
That was six years ago. Since then, the criminal justice system has become used to using the provision. Also since then, we have had the Legal Aid, Sentencing and Punishment of Offenders Act 2012. I do not know how my hon. Friend voted on that, but I voted in favour of it.
Jeremy Wright
My hon. Friend surprises me. As he knows, the courts had been using the provision for some time, and we thought it important to regularise it by means of the Act.
My hon. Friend also referred to what he described as dishonesty in sentencing. He will be aware that my right hon. Friend the Justice Secretary and I have considerable sympathy with the move towards ensuring that automatic release is minimised. He knows that our ambitions extend well beyond what we have managed to achieve so far, but I trust he will be encouraged by the fact that we have already reduced the application of automatic early release. We have removed it from those serving extended determinate sentences, and the Bill will remove it from child rapists and terrorists.
New clauses 37 to 42 deal with the use of open prisons and release on temporary licence. My hon. Friend mentioned the case of Michael Wheatley. It is an extremely concerning case, and, as my hon. Friend and other Members would expect, we are looking very carefully at what occurred. When we have completed our investigations, we will consider what further action needs to be taken.
New clauses 39 and 41 seek to prevent offenders serving sentences for murder or for an indictable-only offence from being moved to a category D or open prison. Open prisons provide an opportunity to assess prisoners in conditions more similar to those that they will face in the community, which is vital in protecting the public. To release life-sentence prisoners directly from closed prisons without the resettlement benefits of the open estate might, in certain cases, lead to higher levels of post-release reoffending, and thereby create more victims. That is something that both my hon. Friend and I would wish to avoid.
A period in open conditions for the purposes of ongoing risk assessment and support for resettlement can be particularly important for lifers—a category that includes all murderers—many of whom will have spent many years in prison, and will therefore often not be prepared for release. While those serving sentences for indictable-only offences include some of the most serious offenders, some of those who have been convicted of common-law indictable-only offences will not be dangerous. An example is those who have been convicted of cheating the Revenue—the sort of people, one might think, whom my hon. Friend might expect to find in open prisons. I suggest to him that what he proposes in new clause 41 is not a useful means of determining in which category of prison an offender should be held. That must be determined on the basis of the risk posed by the individual.
Jeremy Wright
My hon. Friend is right, but it is important to note that in every case a proper risk assessment must be made to ensure that only the right people find themselves in open prisons.
Currently, in most cases, the decision whether to move a prisoner to open conditions is made after advice has been sought from the Parole Board. The hon. Member for Barnsley Central (Dan Jarvis) referred to the burden on the board that the Bill will create. We must indeed ensure that the board has the necessary resources, and we will do that. Public protection is the priority, as all Members would expect it to be, and the Parole Board takes account of a range of factors when assessing whether the risk posed by an offender has been reduced enough for that offender to be managed in open conditions, or on licence in the community. Those factors might include the completion of offence-related courses, a sustained period of good custodial behaviour, access to appropriate and stable accommodation, access to education, training and employment—as was suggested by my hon. Friend the Member for Cambridge (Dr Huppert) —and support from professionals, as well as from family and friends. Offenders are returned to closed conditions if their behaviour in open conditions, or updated risk assessments completed in open conditions, indicates an unacceptable risk to the public.
My hon. Friend the Member for Shipley was also rightly concerned about absconding. Prisons can and do take a variety of actions to try to reduce its incidence. Open prisons operate intelligence systems with the aim of spotting those who might be planning to abscond. Prisoners are screened, and those who are at significant risk of absconding are sent back to closed conditions. Absconders can be criminally charged, and prisons, police and the Crown Prosecution Service are increasingly working together to secure their successful prosecution, which can act as a deterrent to others—as can the increased penalties for which the Bill provides.
New clause 42 seeks to ensure that no prisoner serving a life sentence can be moved to a category D prison before the views of the victim or the victim’s family have been sought and considered. Here I hope that I can offer my hon. Friend some reassurance. We have recently taken steps to enhance the rights to which victims are entitled under the statutory probation victim contact scheme, which covers all victims of serious sexual and violent offences when the offender has received a prison sentence of 12 months or more. Under the scheme, victims already have the right to submit a victim personal statement to the Parole Board when the board is considering whether to direct the release or a move to open conditions of a life sentence prisoner. That allows victims to explain the impact that the offence has had on them, and what the impact of a move to open conditions, or release, would be. Victims have a right to make representations about release conditions attached to an offender's licence, and that includes temporary release from open prison. When there are any concerns about the vulnerability of the victim, the victim can feed into the licence conditions by, for instance, requesting an exclusion zone in the area where they live or work.
New clauses 37 and 38 seek to prevent prisoners liable for deportation from being moved to an open prison or released on temporary licence. When a prisoner is being removed from the United Kingdom directly from prison, a move to open conditions or a temporary release will not serve its key resettlement purposes. That point was made by my hon. Friend the Member for Brigg and Goole. However, in cases in which the prisoner, although liable to deportation, is not actually deported but is resettled here on release from the sentence, the positive benefits of open conditions and temporary release would, if the new clauses were passed, be lost.
Our current policy seeks as far as possible to ensure that those who will be removed from the UK stay in closed conditions, and that those who will not can be considered for transfer to open conditions and temporary release. In such cases, as my hon. Friend would expect, particular care is taken to ensure that the risk assessment takes into account the potential of removal.
When decisions are made about transfer to open conditions or temporary release, Home Office staff will be consulted so that any information relevant to the risk assessment process can be obtained. That includes the likelihood of removal action, history of failure to comply with immigration conditions, previous absconds, any history of deception with the aim of entering or remaining in the UK or evading removal, and any failure to comply with the directions of the Home Office. We are actively reviewing our policy to ensure that it can meet those aims, but we are satisfied that a statutory ban on the transfer to open conditions or temporary release for every prisoner liable to deportation would not be in the interests of reducing reoffending.
My hon. Friend expressed concern about the use of temporary release. New clause 40 would prevent any prisoner serving a sentence for murder from being released on temporary licence. Temporary release contributes to public protection and reducing reoffending by helping those who are due to be released to prepare for life outside prison. For prisoners serving an indeterminate sentence, it also provides evidence for the Parole Board of how an offender complies when in the community. Making this change would lead to offenders who had rightly been away from ordinary society for years being suddenly removed from a strictly regulated regime where most decisions are made for them into the community where they will make most decisions for themselves. Temporary release allows this transition to take place gradually, using short releases, over many months, for the impact of each temporary release to be assessed over this time, and for the risk management plan to be tailored accordingly, while the offender is still in custody.
We have already acted to ensure that public protection is placed at the heart of the temporary release scheme. Changes were made to risk assessment requirements last year following three serious incidents involving temporary release, and on 10 March we announced a package of measures to further improve decision making, monitoring and enforcement of the thankfully rare temporary release failures. To reassure my hon. Friend, I should put this into context for him. There are about half a million releases on temporary licence every year: roughly 0.1% of them result in a failure of any kind and a much smaller proportion of that small proportion involve the suspicion of further offences. None the less, we take all those failures very seriously and we intend to do something about them.
Specifically, from the autumn we will have a new scheme of restricted release on temporary licence for serious offenders. In those cases, there will be more stringent risk assessment procedures, with greater involvement of psychology and probation professionals and more restrictive licence conditions involving probation professionals. As soon as suitable equipment is available, we will be able to tag offenders on temporary release, and we intend to do so. Improving risk assessment and management in individual cases is the right response to concerns about temporary release; a blanket ban on all offenders serving a sentence for murder would be counter-productive. As other Members have said in this debate, this is about a balance of risks. For all those who are released from custody—the vast majority of those serving sentences—it is important to reduce the risk of reoffending as much as we can, and many of the things we have talked about in this debate help to do that.
Philip Davies
I am grateful to the Minister for the work he has done in trying to toughen up on some of these issues and on the rights of the victim. On that basis, I am inclined not to press new clauses 29 and 42 to a Division as I understand that some progress is being made. However, on new clause 38 about people liable for deportation being eligible for a resettlement licence, this should not even be negotiable or needed, and on the basis of the Minister’s answer on that, which I have to say was wholly inadequate, I intend to press new clause 38 to a Division, as there is no excuse for allowing those people out of prison at all.
Jeremy Wright
I am naturally disappointed to hear that, but let me have one more go. The point I am making in relation to new clause 38 is that there is a distinction between those who are liable for deportation and those who are actually going to be deported. For those who are going to be deported, my hon. Friend is absolutely right that there is no justification whatever for release on temporary licence or transfer to open conditions. For those who are not going to be deported or where there is a reasonable chance they will not be, however, we have to think about the same balance of risks I described to him earlier. That is the logic for making the distinction I sought to make, and explains why I cannot accept the blanket way in which his new clause is phrased.
Let me now deal with new clause 2. The hon. Member for Rotherham (Sarah Champion) has again tabled her amendment to reform the “grooming” offence at section 15 of the Sexual Offences Act 2003. As she said, the amendment would reduce the number of times the defendant needed to meet or communicate with the child in order to satisfy that element of the section 15 offence from two to just one. As she knows, I have much sympathy with this proposal, as I know many other Members do. I am grateful for the work she has carried out with Barnardo’s, and I join in the tributes that have already been paid to her not just for highlighting this particular issue, but for the part she has played in the wider fight to tackle the sexual abuse and trafficking of children.
Our laws in this area are robust and strong. We can be proud that we are among the world leaders in the fight to protect children from sexual abuse. However, as the hon. Lady knows, I remain open to suggestions for improvement in this aspect of the criminal law, and in Committee I promised to look carefully at the issues this amendment raises. I do, however, believe it is vital that before we proceed with such a reform, we ensure that we have first considered all the issues and evidence fully. With that in mind, my officials recently met Barnardo’s to ascertain the full extent of the problem. Barnardo’s has now reported to my officials with some supportive evidence and we are expecting further material from them shortly.
As well as examining this evidence, we are considering how such an amended offence would interact with the existing offences in the Sexual Offences Act 2003. We will then be in a better position to consider how this reform can be taken forward. I can assure the House that this Government remain committed to the protection of our children from sexual abuse, and we are looking seriously at the proposed amendment and will report our position as soon as possible.
On new clause 3, as the hon. Lady knows, section 2 of the Child Abduction Act 1984 makes it an offence for someone other than a certain person such as parents or guardians to take or detain a child under the age of 16 so as to remove or keep him or her from a person’s lawful control. The point here is that the offence can be committed irrespective of the consent of the child concerned. I understand the hon. Lady’s intention is to bring the section 2 offence in the Child Abduction Act into line with the abduction offence in section 49 of the Children Act 1989. My right hon. Friend the Member for South East Cambridgeshire (Sir James Paice) made the same point and I understand it entirely, but, as I explained in Committee, such a change would lead to difficulties. Young people of 16 or 17 are lawfully able to be married, are generally deemed capable of living independently of their parents, and are otherwise able to make decisions affecting their way of life, not least in sexual matters. The amendment would make it a general offence with a maximum sentence of seven years’ imprisonment to take a person of that age who is capable of exercising his or her own free will in that regard away from his or her parents. I therefore hope the hon. Lady will understand that the position on new clause 3 is different from the position on new clause 2.
I will now turn to new clause 15. As the hon. Member for Barnsley Central knows, we debated this amendment in Committee so I hope he will not be too surprised to find that not much has changed since then. He did make some additional points that I want to pick up on, however.
I repeat that the Government are firmly committed to the protection of members of the armed forces, veterans and their families who, as the hon. Gentleman and others have said, make a valuable contribution to our society. They deserve the full protection of the law, but I am not convinced that his proposal is necessary to achieve that. His amendment would attach a statutory aggravating factor to assaults and other offences committed against members of the armed forces. I will not repeat everything I said in Committee about personal characteristics, and he has highlighted that that is a different matter. He added two further points to what he said in Committee, however. He mentioned the fact that special provision is made for police constables and prison officers. The reason for that is the nature of their work—we talked about that a littler earlier—and the likelihood that they will be assaulted in the course of their work. That does not apply to many other professions, including, I would suggest, the armed forces. He is right of course that someone’s profession, particularly if they are in the armed forces, can be a large part of their identity, and he has already highlighted the fact that there are sentencing guidelines in place, which the courts are required by law to follow, which make it clear that it should be considered an aggravating factor if the victim is serving the public.
The hon. Gentleman also raised the question of what happens when someone is off duty. It is probably worth looking back to the case of Lee Rigby. This was a soldier who was not on duty at the time. The hon. Gentleman will, I am sure, have seen the sentencing remarks of the sentencing judge for the killers of Lee Rigby; it is clear from them that the fact that this was an off duty soldier was taken into account by the court. In the light of that, I hope the hon. Gentleman will see fit not to pursue his amendment.
Amendment 20 would replace the Government’s proposed targeted extension to the extreme pornography offence with a much broader provision. It would capture any sexual activity that involved real or apparent lack of consent, or some form of restraint which prevented a person from indicating withdrawal of his or her consent—for example, a gag. I absolutely understand the good intent here of the hon. Member for Kingston upon Hull North (Diana Johnson). I know what she is trying to achieve, but I have to say to her that this would be far too broad an extension to a tightly drawn and deliberately targeted offence. It will always be a matter of judgment as to whether we have gone far enough, and I quite understand that she will want to return to these arguments. However, I hope she will accept our argument—she may want to look again at the Hansard record of our proceedings in Committee, because I am about to run out of time—as to why the provision should be drafted this tightly. I therefore hope that, on that basis, she will not press the amendment to a vote, but I quite understand that she will want to return to the subject another day.
Philip Davies
This has been a rather disappointing debate, as we might have predicted. Although I would have liked to have a vote on all my amendments, which are all worthy of a vote, in order to test the will of the House, on the basis of the Minister’s response I will withdraw new clause 29 and instead press new clause 38 to a vote.
Clause, by leave, withdrawn.