(12 years, 4 months ago)
Commons ChamberMy right hon. Friend is absolutely right: such sentences consume substantial resources, not just in the offender management system but in the Parole Board and elsewhere. The prison system was having to manage a potential future disaster in the ever-increasing number of indeterminate sentence prisoners. We have finally got a grip on the problem and are now addressing it.
In trying to save money, the Minister misses the point. Without indeterminate sentences, some of the most violent and dangerous criminals—rapists, armed robbers and those who prey on the weakest and most vulnerable—will be released from custody against the professional advice of the probation service and others. Will that make the public more or less safe?
(12 years, 7 months ago)
Commons ChamberI think I will take interventions a little later in my speech.
It is not my wish to speak for long. These debates, a number of which it has been my privilege to speak in over the past few months, are always animated, if only on the Government side of the House—indeed, sometimes I think mine is the last friendly voice the Minister hears.
He is in a pretty desperate situation if that is true.
The animation in these debates often comes from what I might call the meta-issue of why we are discussing European law expansion at all, rather than the precise statutory powers being considered, or at least that is my observation. I intend neither to engage in that debate, nor—other than briefly—to discuss the matter of principle that the draft directive raises. In dealing with the matter of processing personal data for the purposes of preventing, detecting and prosecuting crime, there will always be a balancing act. On the one hand, the prevalence of cross-border crime, including serious and organised crime, crimes of violence, sexual crime and terrorism, is growing, and criminals and criminal gangs are becoming more organised and sophisticated and making better use of technology and information systems, so the police and prosecuting authorities must have the means to match them. On the other hand, the issue of data protection and privacy from the prying eyes of the state in particular is important, contentious and topical, from data storage to the Leveson inquiry.
In opposition, both Government parties set themselves up as opponents of data collection where it could be seen as intrusive, yet I read the following in today’s edition of The Guardian:
“Ministers are planning a shakeup of the law on the use of confidential personal data to make it far easier for government and public-sector organisations to share confidential information supplied by the public. Proposals to be published next month by the Cabinet Office Minister, Francis Maude, are expected to include fast-track procedures for ministers to license the sharing of data in areas where it is currently prohibited.”
The Cabinet Office Minister said:
“In May we will publish the proposals that will make data sharing easier”.
The home affairs editor of The Guardian notes that
“databases continue to proliferate across Whitehall, even before the extension of data-sharing powers. Now the Cabinet Office minister…says government must be ‘smarter and more effective’ at sharing such sensitive data.”
It is not only the EU that has to undertake this tricky balancing of civil liberties with security and the pursuit of crime.
The issue before us is not one of principle, but whether the proposals achieve that balance. That question may be answered only in the further examination of the directive. As I have indicated, we do not oppose the Government’s decision today not to opt out, and I hope that that is clear.
(12 years, 8 months ago)
Commons ChamberBefore the contract with Applied Language Solutions for court interpreting started this year, the Minister was warned that it would fail by almost every qualified interpreter, by Labour Members, by Back Benchers of all parties in a debate here last November, by the Lord Chancellor’s own constituents at his surgery—so they tell me—and even by ALS itself. The contract has failed, so why did he decide to risk £300 million of public funds with an untried, small-time company?
Even in the spendthrift days of the previous Administration, it was noticed that there was something wrong with the cost of interpreters in the justice system. The previous Administration began the process that led to the contract being awarded to ALS. It is not a small company, because it is now backed by Capita. There was a pilot over six to eight weeks in the north-west, which gave no indication of the problems. Within two weeks of the national roll-out, when the problems became clear, the Ministry of Justice procurement people were across the problems at ALS and measures were put in place to put right the problems. Some of the problems, strangely enough, came from the interpreters who, on finding that under the new payment regime they could no longer earn six-figure salaries, as they could under the previous Administration, did not co-operate. They are now doing so.
In his staggering complacency, the Minister fails to grapple with the fact that every day, when ALS interpreters fail to show up, defendants are being remanded in custody or released with no consideration of the evidence, trials are collapsing or being postponed, and the potential for miscarriages of justice is huge, as is the loss of public money, which dwarfs the alleged savings. Will he suspend the contract and order an immediate investigation into how this disaster happened on his watch?
I would be slightly more inclined to take lessons from the hon. Gentleman if he was even vaguely on the money. Within two weeks of the contract going nationwide, the Ministry of Justice was right across the problems and put in place an action plan to address them. The idea that we are not interested in the matter, when we are making £18 million of savings in the provision of interpreters under a process that was commenced under the previous Administration and after interpreters had been grossly overpaid and had taken advantage of the system that was in place under that Administration, is beyond belief.
(13 years ago)
Commons ChamberIf my hon. Friend will forgive me, I need to conclude my remarks and allow the Opposition to respond.
The second change these clauses propose is to give the Secretary of State a power to increase the current maximum fine amounts for levels 1 to 4 on the standard scale of fines for summary offences. These amounts are currently £200, £500, £1,000 and £2,500. The new power would be to increase these so as to keep them in the same ratio to one another as at present. There is already a similar power to change them in line with changes in the value of money, so the new power would be an extension of that. We intend to consult on the right level at which to set these new maxima.
That should form part of a wider review of sentences served in the community, so I want to use this debate to notify the House that we are entering a review process, which we intend will in due course lead to a formal public consultation on community sentences. For too long, community sentences have failed to punish offenders properly for their actions, and the Government are committed to changing that. We are already taking action, including through this Bill, to strengthen community orders, but we want to go much further and deliver a step change in the way sentences operate. They must, of course, address the problems that have caused the offending behaviour in the first place—the drug abuse, the alcoholism, the mental health problems—but they must also punish properly and send a clear message to society that wrongdoing will not be tolerated. We want to see a clear punitive element in every sentence handed out by the courts.
We will consult on further reforms to ensure that community sentences effectively punish and rehabilitate offenders. That should include consulting on what constitutes effective delivery of the principles of sentencing, punishment and rehabilitation, as I have mentioned, but also on protection of the public, restoration and how the whole package can produce the most effective deterrent to crime. A part of this consultation will be on the new maxima at levels 1 to 4 in the magistrates courts.
The Government want offenders to be in no doubt that the courts have the powers they need to punish their crimes. Once the victim’s compensation has been addressed—and if an offence presents no wider issues of reparation or public protection—if a court believes that a fine would be the best way of punishing an offender and deterring future offending, then we want to ensure that there are no barriers to courts setting the fine at the appropriate level.
To sum up, these new clauses would remove the £5,000 cap on fines that magistrates can impose, so that they are able to use their discretion and set fines that are proportionate to the offences before them. That will also improve the efficiency of the court system, by removing the need for magistrates to send cases to the Crown court when they feel the current maximum fine is not a severe enough punishment for the offenders before them. For offences with caps set at less than £5,000, we propose to retain the current structure of differential maxima, with a power to increase them as necessary.
I urge Members to support the measures.
I thank the Minister for his clear account of the effects of these proposals, but I wonder why they are being introduced at this stage. He may wish to explain that. They are not controversial. We do not intend to oppose them as we think their measures are sensible, and we are glad that the Government are, for once, in favour of judicial discretion. They made certain concessions in Committee, one of which was not withdrawing magistrates’ powers to impose longer custodial sentences. We believe the magistrates system serves this country extremely well—this year marks its 650th anniversary. However, although these are sensible changes to current magistrates powers, we are concerned about the fact that, once again, they are part of a package of new measures.
I will not take up any more of the House’s time as we shall shortly come on to discuss two very important and significant new provisions in the criminal law, of which we have had very little notice as they have been introduced at a very late stage. I therefore simply ask again why we have had to wait until Report stage for the measures currently under discussion to be introduced. We do not oppose the proposals, however, as we consider them to be sensible and uncontentious.
(14 years, 1 month ago)
Commons ChamberThere will be some savings to be taken, but they will not be taken at the outset because the delivery functions of the Youth Justice Board, principally in purchasing custody for young people sent into custody by the courts, will obviously remain. I would have thought that the right hon. Gentleman remembered the system that he had, whereby one-on-one policy advice came from the Youth Justice Board and from his own policy officials in the Department. That sort of duplication will be taken away by bringing the functions of the Youth Justice Board within the Ministry of Justice.
I am glad that the Minister has not taken the opportunity to rubbish the Youth Justice Board, because the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly), heaped praise on it in abolishing it last week. Having praised and buried the Youth Justice Board, what does the Minister suggest takes its place? He knows that 25% falls in youth reoffending rates occurred over its first eight years. What is his strategy for continuing the excellent record of the previous Labour Government in reducing youth reoffending?
I am not entirely sure that I would be that sanctimonious about presenting the record of the last Labour Government, when we had not only the awful reoffending rates out of custody but, in relation to community penalties, 67.6% of young people reoffending within one year. That is not a record to be wildly proud of. We need to continue to embed youth offending teams in their local authority areas and ensure that there is a proper, effective delivery of local services to young people, including from the education departments of local authorities, for example, to ensure that we properly co-ordinate the effective delivery of services to young offenders within the gift of the state to ensure that they do not reoffend.