Benefit Entitlement (Restriction) Bill

Debate between Philip Davies and Karl Turner

Friday 17th January 2014 Commons Chamber

[Philip Davies (Shipley) (Con)]

I intend to speak only briefly to put on the record my full support for my hon. Friend the Member for Christchurch (Mr Chope) and his excellent Bill. I am proud to be one of its sponsors.

I had always thought that the concept that benefits in this country should be paid only to UK citizens was not particularly contentious. I thought that everybody across the political divide agreed with that. If the hon. Member for Kingston upon Hull East (Karl Turner) wants to say that he does not support that principle—as a shadow Minister, he must speak with some authority on behalf of the Labour party as a whole—he is at liberty to do so.

If the hon. Gentleman does not think that there should be a restriction on the payment of benefits to people who are not UK citizens, he will presumably campaign for every non-EU citizen who comes into this country to have full access to the benefits system, unless he thinks that people from outside the EU are lesser people than those who are from within the EU. Perhaps he wants to discriminate against people from south Asia when they come into this country. In his interventions on my hon. Friend the Member for Bury North (Mr Nuttall), he seemed to be suggesting that all the people who come in from the EU are decent coves and should have full access to our benefits system, but that all those who come to this country from outside the EU are foul, swindling people whom we should stop at every turn. That appeared to be the thrust of what he was saying.

I do not subscribe to that view. I think that this country should treat all people who are not UK citizens exactly the same, irrespective of where they are from. It should not matter whether they are from India, Pakistan, South Africa or south America, or from Poland, Bulgaria, France or Germany. As far as I am concerned, we should treat them all the same. To me, they are all non-UK nationals. We should not be picking and choosing which countries have better people than others. The hon. Gentleman might want to go down that line, as he indicated in his interventions, but I do not. I think that we should treat them all the same.

[Karl Turner]

The hon. Gentleman knows for a fact that that is not what I was suggesting. I was making the point, which I think was a valid one, that the suggestion by the hon. Member for Bury North (Mr Nuttall) that vast numbers of people are coming here with the sole motivation of claiming benefits is just not true.

[Philip Davies]

I am grateful to the hon. Gentleman. He is leading with his chin on these matters. He is getting out increasingly bigger spades with which to dig himself into a hole. He has now suggested that nobody from the EU comes here to claim benefits, but that everybody who comes here from outside the EU does so to claim benefits and that we need to restrict access to benefits for them. If he is not saying that, presumably his argument is that we should allow a free-for-all of benefits for anyone from anywhere around the world. That is certainly not an argument that I support, and I do not think that the majority of my constituents would support it.

Women Offenders and Older Prisoners

Debate between Philip Davies and Karl Turner

Thursday 16th January 2014 Westminster Hall

[Philip Davies]

It is there, but it is hidden away; it is never mentioned by any member of the Select Committee in their speeches. They would like to give the exact opposite impression. They know exactly what they are doing.

[Karl Turner (Kingston upon Hull East) (Lab)]

I tried to stop myself intervening, but I am afraid that I cannot sit any longer. Does the hon. Gentleman not accept that the question of whether someone is sentenced to prison is a matter for the judge of the sentencing court? The defendant’s personal circumstances will be considered and mitigation will be put forward. The reality is that women’s circumstances are often different from men’s. It is wrong for him to suggest that the figures in the report are in any way hidden; they are clear. If memory serves—I read the report late last night—it states that 10% of male offenders and 3% of first-time women offenders are sentenced to custody. The figures are not hidden.

[Philip Davies]

I am grateful to the hon. Gentleman. Later, I will discuss whether it is justified for special circumstances to apply when deciding whether to send women to prison.

--- Later in debate ---

[Philip Davies]

I am delighted that the Chair of the Justice Committee is leading with his chin on this issue. He fails to acknowledge that the prison population in Texas is far higher, so it is starting from a much higher base. I would be delighted if we could agree that the prison population in the UK should be the same as Texas’s. If he is suggesting that we should emulate Texas in our criminal justice and sentencing system, consensus will have broken out in this Chamber. If that is the direction of travel that he thinks we should go in—Texas—I am all for it, and more power to his elbow.

At least the Chair of the Justice Committee had a bash at answering my question, for which I give him credit. He seemed to indicate that it was the 574 women in prison for drug offences who should not be in prison. That number includes 166 for supplying drugs, 113 for possession with intent to supply, and 140 who were importing or exporting drugs. They are the ones who he believes should not be in prison. I give him credit for putting his head above the parapet, but no one else who says that all these women should not be in prison is prepared to identify which should not be there. The reality is that these women are not in prison for minor offences, and it is an absolute disgrace that people try to suggest otherwise.

I want to emphasise how serious the offences are for which some female offenders are in prison. The argument is made that all these women are in prison for short sentences and perhaps should be serving community sentences instead. That is an absolute myth. According to the prison population figures, just under 16% of women in prison have sentences of less than six months. That is clearly quite a minority. If some do not class six months as a short sentence, I will be charitable and go up to a year; a further 6% of women are in prison for between six months and a year, so 22% of female prisoners are sentenced to less than a year in prison. Some 78% of female prisoners are sentenced to more than a year, and who can say that they are not serious offenders, when we already know that they are given shorter sentences than men? These are clearly serious or persistent offenders, and I hope that we can start nailing that particular myth too.

Sentences of more than a year mean that the magistrates court felt that the offenders’ crimes were so serious that they were not capable of sentencing them. They had to send the cases to the Crown court, otherwise the offenders could not have got those sentences. Let us end the myth that all those women in prison are in for short sentences and for not very serious offences.

[Karl Turner]

Will the hon. Gentleman at least accept that the needs of women in prison differ from those of men? He will be aware of the tragic case that was raised recently by the shadow Minister, my hon. Friend the Member for Darlington (Jenny Chapman), with the Justice Secretary. A woman prisoner miscarried in a prison cell and was apparently told by prison officers to clean up the cell afterwards. Does the hon. Gentleman want to comment on that?

[Philip Davies]

I appreciate that the shadow Minister has probably got a wasp in his trousers and is itching to get on with things, but if he bears with me, in a second I will come on to say why I do not necessarily accept his premise that women should be treated differently from men. As it happens—I have made this clear already—if people want to make the point that women should be treated more favourably by the courts than men, that is perfectly legitimate. I do not have a problem with that, so long as we are having an honest argument about what the facts and figures are.

If people are saying that the 2,789 women who are sentenced to prison each year for theft and handling should not be sent to prison—I suspect, given that they have been sent to prison, that they must be serious and persistent offenders—I presume that they think, though they never say so, that the 16,501 men who are sent to prison for that offence each year should not go to prison either. Perhaps that is what people secretly think, but they do not want to be seen to say, “We want to cut the prison population by the thick end of 20,000 each year.” No one ever seems to say that.

I want to move on to another myth, which I hope will deal with the point the shadow Minister raised. The myth is about how prison separates mothers from their children, which unduly punishes them. That goes to the point made by the right hon. Member for Dwyfor Meirionnydd on why he believes it is right that men are more likely to be sent to prison than women. I want to instil some seldom-offered facts into this side of the debate. It is said that 17,000 children are separated from their mothers, and that 60,000 women in custody have children under the age of 18. Those are the figures, as far as I am aware, and I am not sure that anyone would dispute them. As I have said before in a Westminster Hall debate, a senior Ministry of Justice civil servant helpfully confirmed that two thirds of the mothers sent to prison

“didn’t have their kids living with them when they went into prison.”

People use the figures to say, “X per cent. of mothers are sent to prison.” Well, yes, they are mothers—no one can deny that—but in two thirds of cases, they are not looking after their children when they are sent to prison. Why should they become a special case at that point, when the children have already been taken away from them because the mother is presumably considered not fit to look after them? Why do we still consider them to be a special case, simply because they are mothers?

When it comes to the minority of mothers sent to prison who are still looking after their children, it is wrong to assume that they are all fantastic mothers. Many will be persistent offenders with incredibly chaotic lifestyles. Some, no doubt, will end up dragging their children into their criminal lifestyles, and some will scar their children for life along the way. Others will have committed serious offences. Sarah Salmon from Action for Prisoners Families said:

“For some families the mother going into prison is a relief because she has been causing merry hell.”

To most people, that would be a statement of the obvious. Why should those women be treated as a special case, when they are clearly not providing a great role model to their children or having a great influence on their upbringing? If anything, they are having a negative influence on their upbringing. Let us not forget those mothers who are in prison for abusing their children and being cruel to them. I am not entirely sure that anyone would think they should be a special case either.

If we are so concerned about the children of women offenders, what about the estimated 180,000 children who are separated from their fathers, because their father is in prison? In the age of equality, should we not be at least equally outraged about that? If we are not, why not? I thought there was a growing acceptance that a father was just as important to a child’s upbringing as a mother. Why are we treating mothers as a special case in all these cases? I do not see any justification for that when we know for a fact, thanks to the Ministry of Justice and the figures it produces, that two thirds of mothers are not even looking after their children when they are sent to prison. I hope we can nail the myth that that is a reason for treating women differently when they are sentenced in the courts.

Another myth is that women are generally treated more harshly in the justice system than men. Yes, we have now accepted that men are more likely to be sent to prison, but if we go underneath the prison regime, the myth is that women are treated more harshly by the courts before being sent to prison, but that, again, is not true. Even when they are not sent to prison, men are more likely to receive a community order than women. You would think it was the other way round, Mr Amess. So few women are sent to prison, one would think that most of them would get a community order, but no. We do not have any of that. Some 10% of women sentenced are given a community order, compared with 16% of men. The Ministry of Justice confirmed that the

“patterns were broadly consistent in each of the last five years.”

That is not all. The Ministry also points out that the average length of a community sentence is longer for men than it is for women. It said:

“For women receiving a community order, the largest proportion had one requirement (46%), whereas the largest proportion of men had two requirements (41%).”

So the pattern is complete: men are more likely to be sent to prison than women, they are more likely to be sent to prison for longer than women for the same offences, and they are more likely to serve more of their sentence in prison than women. Men are more likely than women to get a community sentence, and to have a community sentence that lasts for longer, and they are likely to have more requirements added to it. It is a full house; that is the picture of how men and women are treated in the courts and the criminal justice system.

I return to where I sort of began. Many of those who take part in these debates are the self-confessed equality issues addicts. They want equality in this, that and the other. It is a perfectly laudable aim; I believe in equality, too. People should be treated the same, irrespective of their gender, race, religion or sexual orientation, so why should that not be the case when it comes to sentencing people for committing the same crime? We are dealing with the “equality when it suits” agenda. The argument is that women and men should be treated the same, unless we can get better treatment for women, which we are all in favour of. That is not equality. It is very selective, and in my view sexist. Courts should sentence people on the basis of the crime, not whether they are a man or a woman.

The Select Committee would do well to consider the prison population as a whole and why the male prison population is so large. If it wants to strike a blow for the rights of women, it should argue for men and women to be treated the same by the courts, and that it is the crime committed, not gender, that should count. If we were considering the same phenomenon in relation to race, religion or sexual orientation, it would be considered an outrage. I consider it an outrage that women are treated so much more favourably in the criminal justice system than men. People may think it a good thing for them to be treated differently—some clearly do—but at least let us be honest about the facts and acknowledge them. I am pleased that some right hon. and hon. Members have begun to do that today, so we can draw our own conclusions. If we do nothing else today but set out the inconvenient—to many—facts, the debate will have been useful after all.

Criminal Legal Aid Reforms

Debate between Philip Davies and Karl Turner

Wednesday 4th September 2013 Westminster Hall

[Karl Turner]

The hon. Gentleman makes a very valid point. Clearly, this is not my area of expertise, but the point has been raised by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), the leader of Plaid Cymru in the House, who is very worried. He is a practising barrister and is concerned that that obligation will go as a result of the proposals. That cannot be justice.

I am conscious of the time, so I will now make a little progress. The Government proposals for PCT will irrevocably damage the criminal justice system. PCT will inevitably lead to the market being dominated by the big multinationals—the usual suspects—G4S, Serco, Capita; and I fear that many new entrants to the market who have no experience whatever of delivering criminal justice will dominate the market. The small businesses, the expert businesses, that have established their practices over a number of years and have a great relationship with local authorities will just close their doors. It will become economically unviable for them to continue to exist.

The proposals are designed to cut a further 17.5% on top of the 2011 reduction of 10%. Firms that win the contracts will assert that they can provide the service at the cheapest possible rate. Stack it high and sell it cheap will see our criminal justice system reduced to the lowest common denominator. I have no doubt that it will be taken over by less qualified people providing a less qualified service. We will see the cornerstone of a civilised society reduced to a factory mentality where quantity will trump quality each and every time. The only consideration in our justice system will be the cheapest provider.

The plans also perversely propose the same fee being paid whether the case is resolved by way of a guilty plea or contested at trial. To me, that suggestion beggars belief. There is undoubtedly a concern that that will lead to undue pressure being put on a defendant to plead guilty to speed up the process, thus saving time and money for big legal aid providers. There will be a clear financial incentive for the defendant to plead guilty as quickly as possible, even when a trial would be in the client’s best interests. It is unlikely to happen, because, in my honest view, solicitors always act in the best interests of their clients and always advise based on evidence alone and the strength of the evidence presented in the case, but do the Government not accept that advice might be misconstrued? A particular client might plead guilty to an offence when the evidence is strong and overwhelming, but there might be a later discussion, perhaps in the pub, along the lines, “You pled guilty, mate, because your brief was paid the same money whether they did their best for you in a trial or forced you, with your arm up your back, to plead guilty.” Surely that will be the result.

[Philip Davies (in the Chair)]

Order. I do not wish to interrupt the flow of the hon. Gentleman and I have no idea how much longer he intends to go on for, but other people wish to contribute, not least some of his hon. Friends. I urge him, in the spirit of co-operation with his colleagues, to consider bringing his remarks to an end.

[Karl Turner]

I am grateful, Mr Davies. I will bring my remarks to a close. I apologise. I think I took too many interventions.

Well-established, local, high-quality providers that have strong links with local police authorities, courts and councils will be replaced by large corporations. That is not a good idea. It is not helpful to the justice system. The reality is that people will suffer as a consequence of the proposals. I hope the Government listen. I hope that the Lord Chancellor—according to rumour, this will be the announcement tomorrow—has changed his mind and decided once and for all to bury the idea of price-competitive tendering.