Imprisonment for Public Protection

Debate between Lord Hanson of Flint and Robert Buckland
Tuesday 11th June 2019

(5 years, 6 months ago)

Westminster Hall
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Robert Buckland Portrait Robert Buckland
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I agree that in the appellant procedure there will often be that check and balance, but this is slightly different. This would be a change in the law and legal framework to alter the position from the one that applied when the offender was sentenced, to the position now. Whether we like it or not that is a departure, and we must be careful to avoid setting inadvertent precedents.

We must be able fully to reflect on the assessment of risk that was made by the learned judge at the time of sentencing. In other words, how does a court properly assess the length of a determinate sentence—that, presumably, is the aim of right hon. and hon. Members—and decide whether or not to take the further step of imposing a life sentence, which might be appropriate in some very serious cases? I do not pretend that these issues are easy, but neither is it a matter that the Government should do nothing about. Other measures we are taking are already yielding significant results, not just in reducing the number of prisoners held under this regime, but by ensuring that more eligible prisoners can be considered as quickly as possible.

My hon. Friend the Member for Bromley and Chislehurst (Robert Neill), Chair of the Justice Committee, mentioned the remarks of the then Lord Chief Justice, Lord Thomas of Cwmgiedd, who spoke not just about changing the statutory provision, but about changing the test for release, which is important. I think he would concede that the test for the release of prisoners held under this sort of regime must be as consistent as possible, bearing in mind the different classes of prisoners who are held in custody either on minimum terms or subject to parole.

We must take great care not to create too many different tests that could mean that one group of prisoners could be treated in a different or more favourable way than another group. I do not say that the argument has no merit, but there are difficulties in creating potential inconsistencies. It is beholden on me, both as a lawyer and now in this position of great responsibility, to ensure that the unforeseen consequences that occurred with this policy making do not repeat themselves thanks to any change we may make.

Let me develop the point about the ways we can best support prisoners to show that they can safely be released—that is the solution that stares us in the face regarding so many people in that position. As the hon. Member for Ashfield (Gloria De Piero) laid out well, ensuring public protection from violent and sexual crime must be paramount, and our continuing efforts to rehabilitate prisoners subject to this regime are bearing fruit. We have seen a dramatic fall in the IPP prison population over the past years, and the figures cited by the hon. Member for Lewisham West and Penge (Ellie Reeves), and others, are correct. It is a dramatic fall, although I accept that there is still a significant cohort, and we must also not forget that a number of IPP prisoners have been recalled—I will come to that in a moment. However, progress is being made in the right direction.

In January 2016, more than three years ago, a joint HM Prison and Probation Service and Parole Board action plan was drawn up to deal with IPPs. Initially it was primarily focused on improving the efficiency of the parole process, because at that time there was a significant backlog in listing oral hearings for IPP and life-sentence prisoners. As a result of receiving additional resources and changing some of its processes, the Parole Board and the public protection casework section of the Ministry of Justice made progress, and their combined effect was to eliminate that backlog. Simply having a more efficient system resulted in a significant improvement to the pace with which IPP prisoners were released. Following those improvements, the plan was expanded to include a greater focus on those prisoners who, even with a much more efficient parole system, needed additional support to reduce their own risk and secure a release decision from the board.

What was done? A central case file review, by senior psychologists, of IPP prisoners who had not made the anticipated progress achieved considerable success. Out of 1,365 completed reviews, 233 prisoners in these most challenging cases achieved release, with a further 401 achieving a progressive move to open conditions. We have put in place enhanced case management for the most complex cases, so that a multidisciplinary team can work together to remove barriers to progression.

The joint IPP action plan has also overseen further improvements to the process and, perhaps most significantly, we have opened three new progression regimes, building on the success and the outstanding reputation of the first such regime, which was established at Warren Hill. Those sites operate a staged regime of increasing freedom and responsibility, allowing evidence to build on offenders’ ability to manage their own risks. The rate of release from a progression regime is higher than the average release rate across all Parole Board hearings, which is something that, I think, all right hon. and hon. Members will welcome.

As comprehensive as the plan and the opportunities it provides to IPP prisoners is, the decision actively to engage with efforts that promote rehabilitation, and so demonstrate that there can be safe release back into the community, must ultimately be for each individual prisoner. In my view, that is why Her Majesty’s Prison and Probation Service change programme, in delivering a new offender management model, is fundamental, not only for IPP prisoners but for all offenders. With increased staffing, and the introduction of the key worker role in all prisons, staff will be better equipped, and given more time, to work with individuals who may not be engaging in the way they need to do to reduce their risk.

We are aware that some prisoners may well have become demoralised, with no fixed date of release and the prospect of a further parole hearing currently not holding much hope for them. Here, the key worker will need to get alongside the prisoner and build hope from the foundation of a strong relationship, encouraging them to grasp the opportunities that are available.

Lord Hanson of Flint Portrait David Hanson
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It is not unreasonable to ask at what stage that process will be completed for prisoners currently serving IPP sentences.

Robert Buckland Portrait Robert Buckland
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The right hon. Gentleman asks that question again, and I take it fairly and squarely. The answer must be that it will be on a case-by-case basis, because each prisoner has an individual story and set of needs, and that does not merit a one-size-fits-all approach. Frankly, the cohort we are now dealing with will probably be the tougher end of the spectrum. I think that the right hon. Gentleman conceded quite properly that there will be a cohort of IPP prisoners who may never be released because of the seriousness of the offences and the risk they still pose—I know he accepts that. Therefore, I cannot give him a figure or a timescale, but I can say that the work that is going on has shown a vast increase in the pace with which we have achieved release and resolution. The model we are now adopting will, I believe, lead to even greater engagement.

As the months go by, the right hon. Gentleman can, of course, hold me to account, and if there is no progress he will rightly ask me the questions and I, independently, will ask civil servants why the initial progress has not been maintained. As a member of the Justice Committee, he will hold me to account for that.

I want to deal with more of the figures we were looking at. We have rightly heard about the overall unreleased IPP population. About 200 of that cohort of 2,400 have yet to serve their minimum tariff. As I said, we have made progress in reducing that population. In 2017-18, the Parole Board progressed to open conditions or released about three out of every four IPP prisoners who appeared before it.

As I was saying, the cohort becomes increasingly challenging, which will require increasingly intensive rehabilitation. Rehabilitating, and assessing the risk presented by, these prisoners, many of whom, sadly, have committed serious sexual offences against children, is particularly challenging. The hon. Member for Strangford (Jim Shannon) opened his remarks by referring to that sort of horrendous offence and the need for public protection. It should be acknowledged that some IPP prisoners may never be released because the risk they pose is just too great for safe management in the community.

We are working to reduce the incidence of self-harm among IPP prisoners as part of our prison safety programme and here, again, the key worker will perform a vital role. Additionally, Her Majesty’s Prison and Probation Service is improving the process for people at risk of suicide or self-harm. We have improved prevention training for nearly 25,000 prison staff and have refreshed our partnership with Samaritans for three years, with £1.5 million in funding to support the excellent listeners scheme, through which prisoners are trained to provide support to their fellow prisoners—peer-to-peer support that we all know works in so many settings.

Working to address broader mental health issues in the IPP population remains important. Since last April, we have a new national partnership agreement for prison health. Mental health services are available in all prisons. Turning for a moment to the issue of women IPP prisoners, I am glad to say that they have a dedicated senior psychologist providing a specific progression pathway, and support from a multidisciplinary team to deal with some of the mental health challenges they face.

The commissioning of mental health services by NHS partners is based on a local assessment of health needs, and the services are provided to prisoners on the basis of individual need, which, when we think about it, has to be right. The one-size-fits-all approach does not work, as we know, when it comes to mental health. Independent professionally trained clinicians carry out assessments, and no one is refused access where there is an assessed need. We are well aware that many of those serving IPP sentences experience mental health difficulties, and part of the action plan aims to ensure access to appropriate treatment. An example that I mentioned earlier is the case file reviews carried out by senior psychologists. Alongside those who have been released or moved to open conditions, 54 of those reviewed have been transferred to secure hospitals, where they can receive the best treatment for their needs.

The issue of recall has properly been raised. With regard to the test of recall, it is important to reiterate that it is stringent when it comes to IPP offenders. They can be recalled only when their behaviour and the nature of the licence breach indicate a causal link to their original offending and that the public are at risk of further serious, violent or sexual offending. That is a different, and more stringent, test for recall than that which exists elsewhere in the system.

Work is being done to ensure that recall is properly focused only where it is necessary to protect the public, and efforts are being made to keep offenders on licence in the community wherever possible. Those efforts include the creation of new guidance for probation officers on licence variations of alternatives to recall, and on best practice in the management of offenders on licence, to improve their compliance and prevent the risk from escalating.

A new power to release IPP prisoners on the papers is being used for those on recall. The Parole Board has introduced a quicker, 48-hour turnaround time to consider licence variation requests from probation, to support continued management on licence in the community. We are investigating the rise in the number of IPP prisoners on recall, to see how that rate can safely be reduced and, citing the hon. Member for Ashfield, to get the balance right between the need to protect the public and the need to rehabilitate offenders.

A number of cases were raised with me. I agree that that of Wayne Bell is concerning and I understand that he is now receiving treatment for his mental health issues in an appropriate setting, which is welcome. The troubling case of Tommy Nicol was properly raised. My predecessor, my right hon. Friend the Member for Penrith and The Border (Rory Stewart), met with Donna Mooney, Mr Nicol’s sister, earlier this year. We remain in contact with her at an official and, I very much hope—although I am a new Minister—a ministerial level. We have another meeting with her planned for the autumn. It is a particularly tragic case, but I assure right hon. and hon. Members that we will continue to work with her to address the concerns that she raises with such dignity and clarity.

My hon. Friend the Member for Banbury (Victoria Prentis), who sadly has been called away, asked about the work led by the University of Southampton. We are very much aware of the work of Professor Harry Annison, who works in partnership with the Prison Reform Trust and has already given us an important insight into the impact on families of their loved ones serving IPP sentences. I am looking forward to seeing the conclusions of the next stage of his work, which is currently being supported by IPP and family leads from Her Majesty’s Prison and Probation Service. With regard to the entire IPP population and the action plan, although I am not able specifically to indicate the number currently subject to that action plan, I assure the House that it is having a wide-ranging effect and will continue to be implemented.

I have lived with the IPP regime for much of my professional and political life. I am profoundly grateful to the hon. Member for Slough for having raised this issue today, allowing us to debate it in a calm and considered way that reflects the genuine concerns of the families of people who are subject to that regime, but also understands the enduring and important function that the justice system plays in protecting the public from serious and violent offences. I believe that the best approach is for us to continue our successful efforts to help those offenders rehabilitate, and redouble those efforts whenever necessary and whenever an offender wishes to engage. That will provide the best chance for those prisoners to become once again law-abiding members of the very communities that we are seeking to protect.

Rehabilitation of Offenders

Debate between Lord Hanson of Flint and Robert Buckland
Wednesday 5th June 2019

(5 years, 6 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I am grateful to my hon. Friend, who is the Chair of the Justice Committee and a barrister of long standing at the criminal Bar. He is absolutely right to talk about the test of relevance. It is not the purport of any inquiry ambit or the function of any inquiry chair to adopt a floodgates approach to the disclosure and use of spent convictions. In the other place, the noble Baroness Barran put it very well when she set out to their lordships a flowchart of the way in which a particular decision about the use of spent convictions would be taken. She said:

“The first question is: does the individual have spent convictions, yes or no? If the answer is yes, are they relevant? Will they be treated anonymously? If they apply for anonymity, will that be agreed to? Further, even if it is not anonymous, is the hearing held in private or in public? If it is held in private, could the information then be published?”—[Official Report, House of Lords, 20 May 2019; Vol. 797, c. 1792.]

I thought that that was a clear exposition of the framework within which a decision maker would carry out their function when it comes to spent convictions. In other words, that is the sort of filter that I think meets the concerns not only of Members in the other place but of Members in this House.

I was talking about future inquiries, and was saying it is likely that other inquiries may need to consider spent criminal records, as these can be key to determining whether authorities have acted reasonably in assessing and responding to risk. The Rehabilitation of Offenders Act 1974 affords offenders protection from having to disclose their convictions and cautions, once those convictions and cautions have become what is termed “spent” under the Act. That is the point at which the offender has become rehabilitated. The exceptions order to that Act lists activities or categories of jobs where those protections are lifted so that offenders, if asked, need to disclose their spent convictions.

The primary rationale behind the exceptions order is that there are certain jobs—positions of public trust, for example, or those involving unsupervised work with children—where more complete or relevant disclosure of an individual’s criminal record may be appropriate to mitigate risks to public safety. The exceptions order is not limited to employment purposes, although that is its primary use. The amendment proposed here is not employment-related, but related only to the consideration of evidence of spent convictions and cautions in inquiries that are caused to be held under the Inquiries Act 2005.

Lord Hanson of Flint Portrait David Hanson (Delyn) (Lab)
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The Justice Committee has produced a report that recommends “banning the box”, to deal with the issue of spent convictions, and the Government gave a very positive response. There may be occasions when there is a crossover between an individual who might apply for a job in the public sector and somebody who is covered by an inquiry. I just want to get the Minister’s take on that particular point.

Robert Buckland Portrait Robert Buckland
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The right hon. Gentleman raises a very proper point, and I can assure him that the work that his Committee has done and the campaign to ban the box are matters that I and my colleagues in the Department are considering very carefully indeed. I will chart the changes that we have already made to the 1974 Act and the direction of travel later in my remarks, but I would say to him for that in the flowchart that I have outlined, the sort of concerns that he properly raises about an individual’s employment prospects could be raised in the inquiry before the Chair, when the Chair decides whether to publish the information or to retain anonymity. So there will be safeguards designed to protect against the sort of mischief that he properly probes me about.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Robert Buckland
Thursday 8th December 2016

(8 years ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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I note my hon. Friend’s interest as a north-west MP, and I am happy to tell her that under the new modern slavery offence, eight charges were laid in the north-west region and eight offences in the Mersey-Cheshire region, plus other offences under older legislation, in the past year. Only last month three people were convicted of modern-day slavery and human trafficking in Liverpool and were sentenced to a total of seven years and three months’ imprisonment.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
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Many of the prosecutions were the result of the European arrest warrant playing an important part. Will the Solicitor General, with the Home Office, ensure that the European arrest warrant remains a useful tool, whatever the outcome of Brexit negotiations?

Robert Buckland Portrait The Solicitor General
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The right hon. Gentleman is right to note the huge importance of the European arrest warrant in streamlining the process. That, together with other tools to encourage close co-operation not only between countries in the EU but more widely abroad, is a vital means by which we can deal with what is an international crime.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Robert Buckland
Thursday 26th May 2016

(8 years, 7 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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As the hon. Gentleman well knows, neither the Attorney General nor I—nor, indeed, the Government—advocates pro bono as a substitute. It is an adjunct to legal aid, and it always should be.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
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Nobody will deny the worth of pro bono, and everybody will welcome it, but as my hon. Friend the Member for Wolverhampton South West (Rob Marris) said, it is no substitute for access to justice. So that we know which areas get that justice, will the Solicitor General agree to publish a list of how many hours of pro bono are available in each geographical area? That would help us to know whether there is access to justice.

Robert Buckland Portrait The Solicitor General
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With respect to everybody who works in the pro bono area, I do not want to detract from the important work of pro bono by pretending that it is somehow a legal aid service. It is not; it is voluntary. It is a vital part of what it is to be a lawyer. Not only does it provide a benefit for those whom it serves, but it is an important part of the career development of lawyers. The Conservative party is committed to funding our legal services, and we are spending just short of £2 billion a year on legal aid. It sits very ill for the Labour party to lecture us about the amount we spend on legal aid when it merrily cut legal aid while in office.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Robert Buckland
Thursday 14th January 2016

(8 years, 11 months ago)

Commons Chamber
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Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
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10. What recent steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence.

Robert Buckland Portrait The Solicitor General (Robert Buckland)
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The CPS has taken a number of steps to improve the conviction rate for rape and domestic violence abuse cases, including refocusing resources to strengthen the rape and serious sexual offences unit’s extensive training on rape cases for prosecutors, an update of domestic abuse legal guidance, and closer working with the police.

Lord Hanson of Flint Portrait Mr Hanson
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That is all very well, and I am grateful for the Minister’s reply, but it will not hide the fact that the conviction rate for rape has fallen by 5.6% in the last four years, and is now just over 56%. The conviction rate for domestic abuse has also fallen. Clearly, something is happening, and I would welcome the Minister’s view of what that might be, and a clear indication of what action he will take to increase conviction rates, particularly for rape.

Robert Buckland Portrait The Solicitor General
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The right hon. Gentleman has taken a long interest in this matters, and he is right to raise those issues. I remind him that the volumes of outcomes continue to increase to their highest ever levels. I have mentioned rape, but domestic violence outcomes have also increased dramatically to their highest ever levels, which means justice for thousands more victims. It is incumbent on the CPS to examine the reasons why prosecutions do not succeed, and the key for the Attorney General and me is to ensure that the prosecution does not bring charges and then drop them without good reason. It should allow such cases to go to a jury, so that juries and magistrates can make decisions.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Robert Buckland
Tuesday 10th February 2015

(9 years, 10 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor-General
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My hon. Friend is right to talk about more measures. That will come through initiatives such as the common platform between the Courts and Tribunals Service and the Crown Prosecution Service, so that everybody in the courts system is using digital technology. That will achieve real savings in the long term.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
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9. What recent discussions he has had with the Director of Public Prosecutions on dealing with vulnerable victims and witnesses.

Robert Buckland Portrait The Solicitor-General (Mr Robert Buckland)
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Measures to support vulnerable victims and witnesses are regularly discussed by the Crown Prosecution Service and the Attorney-General’s office. The CPS works closely with the police and the voluntary sector to ensure that vulnerable victims and witnesses are well supported through the criminal justice system. The results of the first national CPS survey of victims and witnesses due in the summer will inform future actions.

Lord Hanson of Flint Portrait Mr Hanson
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The Crown Prosecution Service draft document, “Speaking to Witnesses at Court”, was published in January, and it is broadly welcome. However, will the Solicitor-General give some reassurance to those who are concerned that it might involve coaching of witnesses?

Robert Buckland Portrait The Solicitor-General
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It is vital that everybody involved in witness care understands the old and well-established rule that witnesses must not be coached. Educating them in the process is absolutely right, but talking about the evidence and trying to coach them in some way would be wholly wrong.

Immigration Bill

Debate between Lord Hanson of Flint and Robert Buckland
Wednesday 7th May 2014

(10 years, 7 months ago)

Commons Chamber
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Lord Hanson of Flint Portrait Mr Hanson
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That is a legitimate question, and it is one that deserves an answer. The point I would make is that we are legislating. If we legislate for this and if it goes back to the other place in the form the Minister has brought forward, it will be enacted: it will have Royal Assent within a matter of, presumably, days. We will therefore have one year of operation between May or June 2014 through to May or June 2015. That is fair enough. We will then review it and make changes. All the concerns raised by Members today would potentially be applicable in that 12-month period. The argument I would make is that if we accept the amendment that has been considered by the Lords, we can look at this, get it right and ensure that the concerns that have been raised not just here today but by Members in another place are dealt with. The measures that are taken will then have the full confidence of both Houses of Parliament. At the moment, given the vote that was taken in the other place—242 in favour and 180 against— the proposals the Minister brought forward previously do not have the support and confidence of both Houses. The removal of citizenship is such a challenging and extreme measure to take that it must have the confidence of both Houses of Parliament.

Robert Buckland Portrait Mr Buckland
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I listened with interest when the right hon. Gentleman talked about his fear that the UK would be in breach of its international obligations in relation to statelessness if the Government’s proposals went through. Which particular international obligations does he think the UK would be in breach of?

Lord Hanson of Flint Portrait Mr Hanson
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I am trying to ensure that we propagate good practice. There are many states that currently remove citizenship from individuals. It has happened in Iraq and it has happened in other countries before, and we have been critical of that. We are trying to ensure that any action taken by a Government, particularly when it is one of Executive power by the Home Secretary, is supported by both Houses of Parliament.

Let me give the hon. Gentleman the opinion of international lawyer Professor Guy Goodwin-Gill, who says that:

“any state that admitted an individual on the basis of his or her British passport would be fully entitled to ignore any purported deprivation of citizenship and as a matter of right return that person to the UK.”

That was the point made by my hon. Friend the Member for Hampstead and Kilburn (Glenda Jackson). We need to consider this in considerable detail.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Robert Buckland
Tuesday 16th October 2012

(12 years, 2 months ago)

Commons Chamber
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Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
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8. What assessment he has made of the recommendations of the Hillsborough independent panel.

Robert Buckland Portrait Mr Robert Buckland (South Swindon) (Con)
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9. What steps he is taking following the publication of the report of the Hillsborough independent panel in September 2012.

Protection of Freedoms Bill

Debate between Lord Hanson of Flint and Robert Buckland
Monday 19th March 2012

(12 years, 9 months ago)

Commons Chamber
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Lord Hanson of Flint Portrait Mr Hanson
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I hesitate to agree with the hon. Gentleman yet again, but I do agree with him. As far as I am aware, the fact that someone’s DNA is on the database under the 2010 Act is known only by the police—if they wish to examine it—and by the person concerned, and they can tell whoever they wish to tell, or alternatively tell no one. It is not a matter of public knowledge.

This is the nub of my amendment, flawed though it is. Of the 23,000 people I mentioned earlier, about 6,000 a year will go on to commit serious crimes, including rape and other sexual offences, murder and manslaughter. I simply ask—as I have on every occasion when I have had an opportunity to discuss the issue—why we should allow that to happen when we have the ability, potentially, to prevent it from happening.

Lord Hanson of Flint Portrait Mr Hanson
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We have had a debate about this and there is an honest disagreement between the Minister and me, but the hon. Gentleman needs to recognise that the DNA database, as constituted under the 2010 Act, would prevent those 6,000 serious crimes from taking place. He may shake his head, but that is what he needs to recognise.

Let me give an example involving an event that took place after our debate on 10 October. A newspaper report, headed “Warning as bogus cab driver is jailed for rape”, stated:

“Marcos De Souza, 32, was trapped because his DNA was held on file even though he had no criminal record. The Brazilian had lured the drunken 19-year-old into his car as she left a house party in Camden in February.

The victim was so drunk the sex predator believed she would never remember what was about to happen to her…But when she arrived home dishevelled, her boyfriend encouraged her to call police and De Souza’s DNA was found after tests. The sex predator was traced because police had taken his DNA when he was arrested after a previous girlfriend claimed he had assaulted her. The case was discontinued but his profile was retained on the national database.”

That DNA would not have been retained under the Government’s current proposals.

I accept that my amendment is not perfect. I may not have advanced the same argument in the past, and it is possible that I shall not do so in the future. The purpose of the amendment is to persuade the Minister to reflect again on the views of the hon. Member for Shipley and other Members.

Policing

Debate between Lord Hanson of Flint and Robert Buckland
Thursday 12th January 2012

(12 years, 11 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Lord Hanson of Flint Portrait Mr Hanson
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The A19 procedure can be a useful resource; I am not against the general principle. The point that I am trying to make to the Minister, in a measured way, is that it is being used not because the principle is useful, but because forces such as mine in north Wales must save resources due to the budget cuts that he is imposing on them. However, that is background. This debate is about the landscape, not budget cuts, but I cannot divorce the budget cuts from the landscape, as I think the Minister will accept.

In addition, the inaugural election of the first swathe of police and crime commissioners will be held on a cold and possibly wet Thursday in November this year. I am not against elections on Thursdays in November; if they are good enough for the President of the United States, they might be good enough for police and crime commissioners.

Lord Hanson of Flint Portrait Mr Hanson
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I bow to the hon. Gentleman’s American knowledge. It may be that it is Thursday by the time I wake up after watching the elections and receive the results. That is an additional pressure. My right hon. Friend the Member for Cardiff South and Penarth is participating in the election for police and crime commissioners. For clarity, the Minister knows that although we oppose the principle, we will contest the elections and will see what happens. I hope that whoever is elected, we will have a series of competent, effective individuals who manage big budgets and big chief officers with experience, and who deliver a measure of accountability to the public. I disagree with the approach; I think that we can find accountability in different ways, and we considered the ways of doing so in police authorities. Those are some of the key concerns that we face as regards the policing landscape.

My right hon. Friend the Member for Leicester East discussed the new National Crime Agency. I welcome the appointment of Keith Bristow, former chief constable of Warwickshire, as its head, and I welcome its broad direction. My hon. Friend the Member for Tynemouth (Mr Campbell) and I, when exercising our responsibility for the Serious Organised Crime Agency, considered some of the concerns and believed that changes needed to be made.

I welcome the broad direction of travel, but the Minister must answer certain points raised in the Select Committee report and in this debate. The design of the National Crime Agency is still—I will give him the benefit of the doubt—emerging. We need legislation for it, and the detail of how it will operate. When will that be forthcoming? Keith Bristow is now in post, and it will be 12 or 15 months before he will begin to have a real impact. What are the key elements of the design of the National Crime Agency? I understand that e-crime and fraud still sit outside the new agency. Are they likely to be brought in? What will be the clarity of approach? What will be—again, members of the Select Committee touched on this—the governance arrangements? What will be the status of the head of the National Crime Agency? How will the Minister, Ministers or the Home Secretary have an impact on the day-to-day operational issues for the agency? What objectives will they set? What budget will they provide? Those are big vacuums regarding an issue that is of importance to me and my constituents, and of importance to how we effectively fight crime, nationally and internationally, at a time when the terrorist threat is significant.