Criminal Justice and Courts Bill

Debate between Sadiq Khan and Guy Opperman

Tuesday 17th June 2014 Commons Chamber

[Sadiq Khan]

I also begin by thanking Members from both sides of the House who have worked extremely hard during the passage of the Bill. The respective Front-Bench spokesmen have given a lot of time to the Bill and the various officials, Clerks and Members’ advisers have also worked hard.

There is no point beating about the bush—this is a poor Bill. We know that the Justice Secretary was sucking up to the Prime Minister when he begged his Cabinet colleagues earlier this year for Bills—any Bills—to fill the gaping hole in the parliamentary schedule. What he brought forward was a mish-mash of leftovers. Ministers have thrown into the Bill their scrag ends and afterthoughts, making for an incoherent mess. It is a Christmas tree Bill on which many baubles have been hung.

The Bill includes proposals for toughening up sentences. No one disagrees with the need to keep the public safe, but part 1 is about repairing the damage done by the Lord Chancellor’s predecessor, the Minister without Portfolio, the right hon. and learned Member for Rushcliffe (Mr Clarke), who abolished indeterminate sentences for public protection—IPPs—in 2012. The Justice Secretary is clearly embarrassed now by the actions of his predecessor, but he was not embarrassed when he marched through the Aye Lobby in support of the abolition of IPPs in 2012. Were it not for the Legal Aid, Sentencing and Punishment of Offenders Act 2012, there would be little need for part 1 at all. Madam Deputy Speaker, you know, from your long experience, that a Government are in a mess when they reverse legislation that they themselves passed only two years ago.

The Justice Secretary’s secure college plans in part 2 are supported by no one. He calls them borstals when speaking to his Back Benchers, but uses softer language when he is talking to others. He is fooling no one. There is no evidence base to support the model. He has no justification for spending £85 million on a 400-place youth prison when the numbers of young people behind bars are down 65%. Nothing has been said on whether girls and the very youngest offenders will be thrown into the same prison, putting them in danger. The plans are so rushed and half-baked that the use of restraint being proposed is illegal. Yet Ministers have pushed ahead, with contracts being agreed on the construction before Parliament has even approved the measure—a discourtesy to colleagues in the Commons and the other place. This teenage Titan prison is a monument to the Justice Secretary’s ideologically fuelled hobby horses. The money would deliver so much more if spent on education, training and skills in existing establishments rather than on an unsafe vanity project.

On judicial review in part 4, the Lord Chancellor continues with his assault on our citizens’ rights. Not content with trying to dismantle legal aid and railing against human rights, he is now trying to limit judicial review as a means by which communities and citizens challenge the illegality of actions taken by public authorities, citing one or two bad cases to justify changes that affect many other potential good ones. I will not rehearse the concerns that my hon. Friend the Member for Hammersmith (Mr Slaughter) and I have already expressed on these judicial review changes during the Bill’s passage, but it is ironic that on the eve of the Magna Carta’s 800th anniversary, when the Prime Minister is claiming to want to teach our children of its significance, the Government are depriving citizens and communities of their rights to challenge power.

We should not forget the 18 new clauses and schedules that the Justice Secretary tabled on Report—14 for today’s debate alone, some of which we have not even discussed. Those have received no decent scrutiny form the House. That indicates the disdain that the Justice Secretary shows towards this place.

[Guy Opperman (Hexham) (Con)]

I was unfortunate enough to practise at the Bar when the previous Government had 13 years and dozens of criminal justice Acts, most of which were highly inefficient and a great bar to proper justice. In relation to judicial review, what was the situation compared with Magna Carta 800 years ago and prior to 1971? We still have a judicial review system, however imperfect the right hon. Gentleman may think it is, and to criticise it as something that Magna Carta would lose by is laughable.

[Sadiq Khan]

I am sure that the hon. Gentleman has read the Prime Minister’s article that was published on Sunday in which he talked about the importance of citizens’ rights and of empowering citizens, reminding us of a 13th-century king who gave citizens power to challenge power. The Justice Secretary clearly does not understand that it is ironic that, at a time when Ministers are reminding citizens of Magna Carta, they are taking away and diluting some of those citizens’ rights to challenge power. If he thinks that is acceptable, that is for him to explain. In the context of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014, the changes to legal aid, and the attacks on human rights, the hon. Gentleman will accept when he is outside the Chamber—

[Guy Opperman]

rose—

[Sadiq Khan]

I appreciate that a reshuffle is due and the hon. Gentleman needs to impress the Whips, but he will recognise during a quieter moment—[Interruption.]

Offender Rehabilitation Bill [Lords]

Debate between Sadiq Khan and Guy Opperman

Monday 11th November 2013 Commons Chamber

[Sadiq Khan]

One cannot will the ends without the means. It is nonsense to suggest that simply pulling a lever will make that happen. It will not happen. We tried to do it, and I will shortly come to our efforts to put in place custody plus.

On the other side of the debate are a few loyal Back Benchers and the Justice Secretary who is purposely not bringing before Parliament his plans for restructuring probation, thereby avoiding proper scrutiny and debate, and is rushing ahead at breakneck speed in implementing these plans, not interested in whether there is any evidence that his plans will work, dismissing expert evidence and instead basing his decision to roll his plans out on his gut instinct—the same gut instinct that brought us the failing Work programme in his former role.

[Guy Opperman]

Will the right hon. Gentleman give way?

[Sadiq Khan]

One last time. I must make progress.

[Guy Opperman]

I thank the shadow Secretary of State for giving way. He talks about breakneck speed, but does he recall that in May 2006, when the Labour Government were still planning to introduce custody plus and a large proportion of the measures that we see today, in the House of Lords the noble Lord Bassam of Brighton, the Justice Minister, said:

“We estimate that, in 2007–08, 49,400 offenders will be starting custody plus orders”—[Official Report, House of Lords, 4 May 2006; Vol. 681, c. 566]?

Why does the right hon. Gentleman not now back a plan that has been in the offing for more than 10 years, which has finally been produced by this coalition Government?

[Sadiq Khan]

Because if done properly, it would cost £194 million a year. We could do it on the back of an envelope, as the Justice Secretary wants to do, but I do not want to do that. It is a risk to public safety.

Let me remind the House that at the same time the Justice Secretary says that he wants those who receive less than 12 months’ custody to receive probation supervision. Instead of supporting probation, as he should, what are his plans for it? Those plans are: abolishing local probation trusts and instead commissioning services direct from his desk, in Whitehall, on behalf of local communities; splitting responsibility for offenders on the basis of their risk level, despite risk not being static in 25% of cases; handing responsibility for serious and violent criminals to G4S, Serco, Carillion, A4e and the like; imposing an untried and untested payment-by-results model on providers; and, as I said, all at breakneck speed, adding up to a half-baked, reckless reorganisation of probation, without any evidential base—a monumental gamble with public safety.

Let us be frank. The Justice Secretary has wanted to keep all the major changes he is making to probation below the radar, purposely avoiding bringing those plans before Parliament. If not for the Opposition day debate, MPs would never have had the chance to debate them. He said in the Chamber 12 days ago that he was not afraid of debating his plans, but he left the Chamber almost immediately after his speech, not staying to hear any of contributions from worried and concerned MPs in all parts of the House. That is not debate in anyone’s book. Instead, it shows a disdainful arrogance towards Parliament and towards genuine concerns at his proposals. If he had stayed, he would have heard in the time-limited debate l8 MPs from all parts of the House express concern. More MPs wanted to speak, but there was insufficient time. Just three Members spoke in favour. I can see that he has done a better whipping operation today than he did 12 days ago. Many MPs, stakeholders, prison and probation staff and charities are labouring under the false impression that this is the privatisation of probation Bill. It is not. The Justice Secretary is trying to use the 2007 Act to do that.

House of Lords Reform Bill

Debate between Sadiq Khan and Guy Opperman

Monday 9th July 2012 Commons Chamber

[Sadiq Khan]

It very much is. Unlike the hon. Gentleman’s coalition partners, we keep our promises.

[Guy Opperman (Hexham) (Con)]

The right hon. Gentleman said that he required time to consider the Bill. How long does he require—10, 15, 20 or 25 days? Will he enlighten the House by saying how long he feels is necessary?

[Sadiq Khan]

We are in favour of reform. I will come to the issue of timing in a moment.

I note from his opening statement that the Deputy Prime Minister highlighted areas where the Bill had been amended as a result of the Joint Committee’s report, but he was less keen to highlight those where he has not taken on board the Joint Committee’s views. He knows as well as I do that he has cherry-picked from the Joint Committee’s report, while blindly ignoring its other key recommendations and concerns. Let me turn to the Bill itself. If I was being generous, I would have to say that the Bill as it stands is a bit of a mess.

Defamation Bill

Debate between Sadiq Khan and Guy Opperman

Tuesday 12th June 2012 Commons Chamber

[Sadiq Khan]

For the second time the hon. Gentleman has made an intervention about a point that I am coming to. I shall come to the procedural pre-action work that I think is missing from the Bill and which the Committee should look into.

Let me move on to concerns about access to justice. The Justice Secretary will not be surprised to hear me say that under this Government we have seen access to justice seriously curtailed. The recently passed Legal Aid, Sentencing and Punishment of Offenders Act 2012 will have an impact on defamation cases. Claimants in defamation actions will no longer be able to insure themselves against costs, and even if they are successful, they may have to pay some or all of their damages in lawyers’ fees. Although some other claimants—for example, in personal injury cases—will be protected against costs, no such protection is in place in libel cases. It is not clear whether high profile cases brought by individual members of the public—such as that brought by the McCann family against tabloid newspapers—would now happen. We would like to see similar protection for such cases as that given to personal injury cases, rather than simply limiting defamation cases to the most wealthy.

The Justice Secretary will be aware of the campaign co-ordinated by Hacked Off and the Libel Reform Campaign, which included a letter that the McCanns recently sent to the Prime Minister expressing their concern about access to justice. I want to quote part of that letter, which is very powerful, and which I hope will be considered by the Committee during the passage of the Bill.

“A successful libel defendant obviously does not get any damages so these reforms will prevent all but the rich from being able to defend their right to free speech against wealthy libel clients…In future, ordinary defendants, like Peter Wilmshurst, Hardeep Singh and Heather Brooke would also be unable to get support for legal action against them often by large institutions with deep pockets trying to silence them. That will be bad news for science and medicine, for free religious debate and for transparency in the public interest...And victims of the tabloid press like Christopher Jeffries, Bob and Sally Dowler, Kate and Gerry McCann, and Robert Murat will not be able to take legal action against the tabloids for hacking into their phones, for false accusations and for gross misrepresentation”.

On that subject, my colleague Lord Prescott made it clear during the progress of the Legal Aid, Sentencing and Punishment of Offenders Bill in the other place that his successful defamation claims against newspapers would not have been possible if the Government’s proposals on civil litigation had come into force. In response to Lord Prescott’s remarks, the Minister, Lord McNally, assured the other place:

“I cannot imagine that the kind of issues that the noble Lord, Lord Prescott, has raised tonight will not be dealt with fully in that Defamation Bill.”—[Official Report, House of Lords, 27 March 2012; Vol. 736, c. 1332.]

Yet I do not see those issues being dealt with anywhere in the Bill. If the Government do not bring forward proposals to address this deficiency in Committee, we will have to do so.

[Guy Opperman (Hexham) (Con)]

Does the shadow Minister agree that, as a result of Lord Leveson’s review into press intrusion and the ability of the man in the street to get access to justice in libel, the issues that he is now raising could be readdressed?

[Sadiq Khan]

I thank the hon. Gentleman for his intervention; I know that he practises in this area of the law. In answer to his question: there is no guarantee that that will happen. This Defamation Bill gives us an opportunity to ensure that access to justice remains a possibility for all our citizens, and we ought to take that opportunity in the hope that another judge in another inquiry might come up with a solution. Let us bear in mind that there were two defamation Acts in the last century, and just one in the century before that. It is possible that there will not be another during our parliamentary careers, so it is appropriate for us to take this opportunity to ensure that this Bill is as perfect as possible.