Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022

Lord Mackinlay of Richborough Excerpts

Wednesday 26th October 2022 General Committees

[Craig Mackinlay (South Thanet) (Con)]

It is always a pleasure to serve under your chairmanship, Mr Sharma. A couple of issues come to mind. Following on a little from the hon. Member for Hackney South and Shoreditch, there must have been a mischief that it was felt needed to be closed. I would think a precautionary principle is in play, and the Government have come to this conclusion—I think for the right reasons because it is the right thing to do—but there must have been worries about not the looseness, but the lack of checks in the system that have caused this SI to be laid.

Local authorities are the bodies responsible for asking for enhanced DBS checks. Will there be guidance from the Department for Levelling Up, Housing and Communities, the Home Office or the Ministry of Justice about what level of previous criminality would be deemed to be a definite no? A drink-driving offence from 20 years ago or a shoplifting offence from 15 years ago would not cause the same concern as the offences that we are trying to highlight, where it would be obvious that people might be a risk to youngsters and families coming from Ukraine. Is there any guidance for local authorities about what is deemed to be an accepted—if there is such a thing—previous offence, or is it down to local authorities to manage on a one-by-one basis?

--- Later in debate ---

[Rachel Maclean]

That is a perfectly valid question, but I fear that the scope of this debate is very narrow and is about the exceptions in the Rehabilitation of Offenders Act. I was not the Minister responsible for the policy decisions. The right answer for colleagues who have raised valid points about the future of the scheme is probably to seek a Backbench Business debate—perhaps a Westminster Hall debate—so that the relevant Minister can come along and answer all those questions. It is not possible for me to answer them now, but I am happy to feed them back to my colleagues or to answer any correspondence on them.

The hon. Member for Lewisham West and Penge mentioned the fact that the scheme was initially going to run for a shorter period and that people are now coming to the end of that period, and asked what plans we have made for that. Again, it would be wrong for me to try to answer those questions as I am not the Minister with responsibility for those issues.

I very much hope that colleagues are reassured that the draft SI is an important part of the Government’s safeguarding responsibility, and I commend it to the Committee.

[Craig Mackinlay]

Could the Minister address some of the points that I raised?

[Rachel Maclean]

I am very happy to do so in writing, unless my hon. Friend would like to reiterate those points to the Committee.

[Craig Mackinlay]

I would be delighted to. Local authorities are in the driving seat when it comes to asking for the tests, but will any guidance come from the centre—be it from DLUHC, the Ministry of Justice or the Home Office—about what kind of former offence would be acceptable and pass muster, as it were, or is it up to the local authorities to make those decisions for themselves? I gave the example of a drink-driving offence from 20 years ago.

[Rachel Maclean]

I thank my hon. Friend for that aide-mémoire—it is very kind of him. We can certainly write with further detail, but I can assure him that we are talking here about a specific feature of the Rehabilitation of Offenders Act, which allows for exceptions to be made, and that decisions would be not be made case by case by local authorities—there is wider guidance on the whole scheme, the safeguarding measures and the suitability of families to be hosts.

We are talking here about making a change to the Act to provide that where a more sensitive role or activity is listed in the order—such as being a host for a vulnerable person fleeing war—greater disclosure of information that would otherwise be considered as spent is required. The rules that apply to determine what information is included—known as filtering—are quite detailed, and they include serious offences, such as serious sexual offences and others of that nature. I assure my hon. Friend that the regime is detailed, well established and in the interest of public protection. I hope that that answers his question, but he can feel free to probe further if not.

Question put and agreed to.

Police, Crime, Sentencing and Courts Bill

Lord Mackinlay of Richborough Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

What a rare treat to be able to speak in the Chamber.

One of my colleagues said earlier that the primary role of Government is to keep people safe: to keep those who are the law-abiding majority safe, those who want to do the right thing and those who simply just want to get on with their lives. We made commitments in our 2019 manifesto on law and order. This substantial Bill fills many holes and codifies some loose ends of common law interpretations, but mainly it protects the public whom we are here to serve. There are a number of features in the Bill and I just want to highlight a few in the time available.

Whole-life orders, as the starting point for premeditated child murder, has to be right. The prevention of automatic early release of serious, violent and sexual offenders has to be right. The public, for too many years, have wondered of what madness we have had that that was not so.

The doubling of the maximum sentence to two years for assaulting emergency workers, again, has to be right. These people have worked hard for us over the past year. Too often, we hear stories of them being spat at and abused during the covid period. We have spoken about the protection of victims and witnesses over many years, but finally Kay’s law, as it has been called, will mean that victims will be able to play a part in the bail conditions that the police impose.

Strengthening powers to tackle protests that cause significant disruption to the public is the area that seems to have got a lot of people exercised over the past few days. What we saw at Clapham Common was an unedifying scene, but it was not a result of this Bill or where we are at the moment. It was a result of the draconian covid legislation that I have not supported throughout but, strangely, Labour has. This Bill does not attempt to stop protest—far from it, and I would not be supporting it if it were, because I quite enjoy a good protest.

Very importantly, the Bill criminalises trespass to tackle unauthorised encampments. I can imagine that hardly any, if any, hon. Members or right hon. Members in this House have not had communities that have had to bear the cost of such unauthorised damage, cost to the local taxpayer, and often a “couldn’t care less” attitude by those who conduct it. The Bill also backs up our significant commitment to deliver 20,000 new police officers, and some of the excellent work in disrupting county lines and action against drugs in general.

I will support the Bill this evening, and I am somewhat intrigued that Her Majesty’s Opposition are opposed to it at this stage, but there seem to be more flip-flops than on a summer holiday.

Fentanyl: Sentencing

Lord Mackinlay of Richborough Excerpts

Tuesday 26th June 2018 Westminster Hall

[Craig Mackinlay (South Thanet) (Con)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. It is very good to support my hon. Friend the Member for Dover (Charlie Elphicke). I led a Westminster Hall debate on 22 November last year on the human and financial costs of drug addiction. The real trigger for that debate was the rise in fentanyl. My hon. Friend gave the figure of 20,000 deaths in the US, but the figures that I found suggest that to be more in the region of 50,000 to 60,000 in 2016. Fentanyl is becoming a real killer drug in the US. As we are very aware, it is a man-made opioid mimic. To put that figure into context, 60,000 deaths represents the entire rate of attrition and death of the entire 20 years of the Vietnam war, but that is happening each and every year in the US.

Ohio has had a particular problem, where deaths rose 33% in 2016 alone, with a death rate of 4,050. That is people across the whole social spectrum out of a population of 12 million in Ohio. To put that in relation to the size of the UK, that would represent 22,000 deaths. Thankfully, we are nowhere near that, at about 2,500 drug deaths in the UK.

My worry is that what starts in the US often crosses the Atlantic to us. I do not want to see what happened to Michelle and Robert happen again. Rehabilitation is important, because for every £1 that we invest in rehabilitation, £2.50 is saved. In that debate of 22 November, I called for fentanyl to become a category AA drug, with a higher sentence to go with it. Current sentencing guidelines are that 5 kg or more of a class A drug would bear a maximum of only 16 years in prison, whereas attempted murder, which is what supplying fentanyl actually is, carries up to 35 years. I am very pleased to support my hon. Friend and the family in every way that I can.

Oral Answers to Questions

Lord Mackinlay of Richborough Excerpts

Tuesday 5th December 2017 Commons Chamber

[Dr Lee]

The matter is not specifically in my brief, because HMP Nottingham is not a young offender institution.

[Craig Mackinlay (South Thanet) (Con)]

8. What steps he is taking to empower prison governors.

[The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)]

In April this year, governors were given authority to devise the daily routine in prisons—the way in which they organise staff—and to have a greater say in the health services received by prisoners. In October, governors gained control of the new family services budget, and next year we will devolve the prison education, careers advice and libraries budget to governors in England.

[Craig Mackinlay]

That is enormously helpful. Does my right hon. Friend agree that governors know their prisons and their prisoners best, and that many of the day-to-day operational decisions about such matters as the core regime, education and training are best devolved down from Governments into their local hands?

[Mr Lidington]

Yes, I do agree. I think it important for Ministers and officials in the Prison Service to trust the professionalism of governors who are in charge of individual establishments, which is why, as national contracts for particular services expire—for example, maintenance, repairs and food procurement contracts—we will seek opportunities to devolve them to establishment level.

European Union (Withdrawal) Bill

Lord Mackinlay of Richborough Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

I shall raise just one issue in the short time available: the living marine resource that under international law is bestowed on the United Kingdom.

The great repeal Bill has changed its name to the European Union (Withdrawal) Bill, the second half of which, which brings virtually all the EU’s acquis into domestic legislation, causes me a few concerns. The reason for most of that is completely understandable. It is entirely necessary, because when the termination date of article 50 of the treaty on European Union is reached and EU treaties cease to apply in this country, along with the EU regulations that take their authority from the EU treaties, vast swathes of domestic legislation will simply disappear. Bringing the acquis across will fill that void, which can be sorted out at a later date.

The method by which that will be sorted out has caused a great deal of debate in this House. In my opinion, the method that has been proposed is entirely necessary and desirable. I support it completely for legislation that is applicable only to the United Kingdom, but when dealing with legislation that involves relationships outside the United Kingdom, such as the common fisheries policy, I have a few concerns, because the body of legislation—the acquis—that is the CFP is made up almost entirely of regulations. The only way we can achieve compatibility is through a legally binding withdrawal agreement, and that in itself brings some problems. First, at this stage, we do not know what that agreement will contain. Indeed, we do not even know if we will be getting an agreement at all, such has been the appalling behaviour, sadly, of our EU partners.

Secondly, taking the common fisheries policy as an example, article 50 takes us out cleanly, so there is no possibility of future legal challenges that we would have to try to avoid. Regulation 1380/2013, which will be brought across by the Bill, will re-establish the common fisheries policy in all but name, possibly paving the way for a legal challenge, perhaps via the Vienna convention on international treaties, through the withdrawal agreement. The evidence of that is the acquis that we have accepted and transposed into UK law, thereby creating a continuation of rights thereon.

I would like to see the proposed fisheries Bill, which is due before us at some stage, and which could solve the problem. We have no idea what that Bill will contain. Will it continue to give away the nation’s wealth that is its fish? Will it continue the disastrous CFP policy of quota allocation, which puts the resource in the hands of a few, and is the cause of the completely immoral discarding of prime fish that we have seen all these years? We simply do not know. Why are we going down this tortuous route when the easiest route would be to exempt the entire fisheries acquis from the withdrawal Bill, and produce a fisheries Bill, coming into force on 30 March 2019, that confirmed what international law bestows on this nation? That is not unusual, because the withdrawal Bill already exempts parts of the charter of fundamental rights.

Fishing is the area in which the British people demand a clean Brexit, and I think they will accept nothing less. Fishing must not be used as part of a trade-off, and availability must not form part of a deal elsewhere. Control of our exclusive economic zone extending to 200 nautical miles or the median line will regenerate our coastal communities, but if we follow current fisheries policy, we will certainly fail to do that. It is quite odd that we commit vast amounts of cash to communities such as mine in Ramsgate, Broadstairs and parts of Margate through the coastal communities fund—I am thankful that we do—but we seem to have no clear commitment to the one thing that could provide great rejuvenation for our coastal communities, which are recognised as having lower rates of employment, and which are in need of restructuring and infrastructure.

On this subject, the electorate are very wary of shenanigans. We cannot afford to create failure, and it is our responsibility to make this a success. I am happy to trust the Government by supporting Second Reading tonight, but I would very much like to hear more about their proposals for restoring one of this nation’s finest treasures—our very positive fishing grounds, which have the potential to benefit our communities and should never have been taken away.

[Richard Graham (Gloucester) (Con)]

My hon. Friend is absolutely right to have rejected the proposition of the right hon. Member for Tottenham (Mr Lammy) that we should carry on fighting on arguments that were decided in this House some time ago, and is right to want to get on with making arrangements for the future. Does he agree, however, that elements in clauses 7, 8 and 9 need looking at in more detail, particularly when it comes to the use of statutory instruments?

[Craig Mackinlay]

I agree with my hon. Friend entirely, but today is not the day for those arguments. Arguments about technical matters—how things will be changed in the House, and whether that will be done using statutory instruments and the exercise of ministerial powers—are for Committee and subsequent stages of the Bill. The broad thrust of my argument on Second Reading is that this Bill is the only means by which we can deliver the result of last year’s historic referendum, which was delivered by 52% of people. I know that some in this House would rather we ignored the voice of those people, but we do so at our peril.

The whole issue of our fishing policy encompasses a lot of what was wrong with our membership of the European Union, which would not listen to us. The Bill represents a great opportunity for our coastal communities. I intend to deliver a good fishing policy for our under-10 metre fleet, which is particularly prevalent in Ramsgate, so I will support this Bill tonight.

Dog Theft: Sentencing

Lord Mackinlay of Richborough Excerpts

Wednesday 2nd March 2016 Commons Chamber

[Gareth Johnson]

I certainly do. I agree with everything the hon. Gentleman says. It is one of those offences where the emotional loss is not catered for in the guidelines. It does not just relate to dog theft and other animals but to personal items. The emotional impact of the theft of family photographs belonging to family members who have passed away is not properly taken into account when the courts are sentencing offenders either.

Courts cannot place dog thefts in the top half of offending categories unless the dog has a high monetary value, and that is not always the case. It means there is a greater chance of prison for the theft of a pedigree than there is for the theft of a mongrel. This approach completely fails to understand the nature of dog theft. The impact an offence like this has on a victim is not even mentioned in the list of aggravating factors that the court should take into account. Dog theft is now seen as an easy way of making money with little chance of a prison sentence imposed on the offender. In fact, under the current guidelines it is very difficult for a court to imprison someone for the theft of a dog that is worth less in monetary terms than £500. It is no wonder, then, that these offences are on the increase.

I fully accept that the Sentencing Council cannot cater for every type of theft and that it has an extremely difficult job, but there needs to be a greater appreciation of the emotional impact an offence can have on an individual.

[Craig Mackinlay (South Thanet) (Con)]

I applaud my hon. Friend for securing this debate. I am a dog owner and have been a magistrate for some 10 years. I have never actually seen a dog theft in my years as a magistrate, which is to the good, but I can very much imagine the anguish it would cause. From memory, the sentencing band for a low level theft would be probably from a conditional discharge to a fine, and perhaps in extremis a low level community order. I am sure it would be far more beneficial for the victim impact statement to have a far greater bearing, and the ability to go to a small custodial sentence may be the way forward in such cases.

[Gareth Johnson]

I completely agree with everything my hon. Friend has said. I am not surprised that he has not seen one of these cases because of the difficulty of bringing them to court. The problem brings us back to the over-reliance on the monetary value of the item stolen. If I were to sell my scruffy mutt, I would be lucky to get a fiver for it, quite frankly—but that rather misses the point. I would sooner have my mobile phone or even my car stolen than my dog. It is not a chattel and should not be treated as such. A distinction should be made when it comes to sentencing.

I have seen posters in my local area and my constituency seeking lost dogs, and they often say something like “reward—no questions asked”. This problem is thus going on under the radar of the authorities, which is why we do not see as many cases going to court as we should. The deterrent factor that a prison sentence would offer is often missing, yet this is an offence that causes misery for thousands of people around our country.

The message to people who are thinking of buying a dog is that they should do so only from a reputable source. There are some excellent organisations helping to tackle this problem: Blue Cross, Dog Theft Action and Dog Lost, which commended much of the work carried out on this by my local Kent police force and a few other forces as well. Yet if the criminal justice system allows those who commit these offences to walk away with light penalties, this problem will only grow and grow.

Psychoactive Substances Bill [Lords]

Lord Mackinlay of Richborough Excerpts

Wednesday 20th January 2016 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

For too long, we have seen shops such as Skunkworks proliferate on our high streets, with their number reaching 250 in 2014. They were not just selling new psychoactive substances badged up in attractive packages with names such as GoCaine, Herbal Haze and the like—they were selling, legally and openly, various paraphernalia involved in wider drug use, involving bongs, seeds, pipes, and hydroponic growing and lighting systems. In advance of this Bill, many of these shops have now, thankfully, closed. We had one such shop in Margate that was raided by Kent police, who found 269 banned items and confiscated 52 varieties of what one might call legal highs and herbal tobacco substitutes. Of course, the internet will remain, and will grow, as a source of such products and a source of prescription-only drugs such as steroids.

The number of deaths involving NPSs is low compared with the number involving heroin, morphine and other opiates, and cocaine, but it is substantial enough, with too many young lives being wasted. I therefore welcome the Government’s attempt to clamp down on these substances. My only marginal concern about the Bill is that the definition is very broad—

[Mr Speaker]

Order. I hope that the hon. Gentleman is going to leave time for the hon. Member for Newport West (Paul Flynn) to speak as well, and so is bringing his remarks to a close.

[Craig Mackinlay]

Yes, I am, Mr Speaker.

By its very intent, the blanket ban must be so, or else we will just continue the game of cat and mouse that has characterised control of these substances to date.

We have heard a lot about Ireland, and I hope that the experience in the UK will be broadly as positive. We did not mention New Zealand, which has also tackled this problem head on.

As I said, I support the Government’s ambition to take action. I remain a libertarian—I am not a killjoy—but these lethal highs have killed too many, damaged others, and are an evil of the kind that this place is here to act on. I hope that the Bill will have its intended consequences, and I support it.

Oral Answers to Questions

Lord Mackinlay of Richborough Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Michael Gove]

I am grateful to the hon. Lady for raising this issue, because I know that concerns have been expressed across the House and, indeed, by members of the magistracy and the judiciary, as well as by pressure groups such as the Howard League. That is why we are reviewing the operation of the charge. It is important to stress, however, that our justice system already creates a number of incentives for those who enter early guilty pleas, in order to ensure that the wheels of justice can run more smoothly, but I will continue to listen to the points that the hon. Lady and others make.

[Craig Mackinlay (South Thanet) (Con)]

Has my right hon. Friend had the opportunity to review collection rates of the criminal court charge, a system that is wholly despised by the lay magistracy? The concerns go beyond inherent unfairness; there are worries that bailiffs will chase debts that will simply be written off and never collected.

[Michael Gove]

My hon. Friend makes a characteristically pungent point. He is right to say that we have listened to a number of representations from representatives of the magistracy, but we have to balance those concerns against other judgments as well.