(3 years, 9 months ago)
Commons ChamberThere is much in the Bill that I agree with, and much of that was set out by the Home Secretary in her opening remarks. I particularly agree with increasing the sentences for assaults on emergency workers to two years, which is an amendment I tabled back when the Assaults on Emergency Workers (Offences) Act 2018 was first debated in 2018. It is always good when the Government come round to my way of thinking, so I hope as a result they will look favourably on my amendments when I table them, and we can save some time.
In the time I have, I will go through some of the things I would like to see in the Bill. As was mentioned earlier, I would like to see a specific offence for assaulting shop workers and other frontline workers. I used to work in retail, but it has been absolutely terrible to see the fact that during the pandemic, when shop workers have been going the extra mile to help us all, the number of assaults on them has doubled. We really need to do something about that, and I hope the Government will look favourably upon that proposal.
I am pleased to see some of the provisions for ending automatic early release for prisoners. I certainly support that, but I would like the Bill to go further. I would like to see the end of all automatic early release for prisoners, particularly those still considered to be a danger to the public. I would particularly like to see an end to all automatic release for those people in prison who assault our prison officers. Again, prison officers face a terrible burden in prison, with far too many assaults. If we were to say to prisoners that anybody convicted of assaulting a prison officer would lose their right to automatic release, that may well help those hard-pressed prison officers.
I would like to see the retirement age for magistrates and judges increased to 75. The Justice Secretary has said that he intends to do that, so this Bill seems a very good vehicle for that. I would like to see a sentencing escalator, whereby if people are convicted of the same offence more than once, they have to get a harsher punishment the second time than they had the first time, and a harsher punishment yet again if they commit the same offence a third time. The Government clearly accept the principle of that, because they have done exactly that with the covid fines. I hope they will allow a sentencing escalator for other criminal offences as well.
I would like to see magistrates’ sentencing power increased to 12 months, rather than six months. That needs to be done. I would like to see the word “insulting” removed from section 4 and section 4A of the Public Order Act 1986 so that someone cannot be guilty of something if they simply insult people. There are many amendments I would like to see to this Bill that time does not allow me to mention this evening. I could do with a whole day on Report all to myself.
I do not think that is entirely likely to occur.
(6 years, 8 months ago)
Commons ChamberThe Minister makes a reasonable point, but he is working on the basis that the existing general sentencing for assault is right and should be the benchmark by which we judge everything else. My argument is that most people would consider that maximum sentence to be derisory, so we would at least be making this one appropriate. If the Minister wants to follow through on his point, he could then increase the maximum sentence for assaults on everybody else. He would be happy, because the approach would be proportionate, and I would be happy because we would have some tougher sentences on the statute book—everyone would be a winner. I hope that he is moving in the right direction. If we passed my new clauses and amendment today and then changed the other sentences, I would be doing cartwheels.
I shall discuss new clauses 4 to 6, 8 to 11, 13 to 16 and 18 together—[Hon. Members: “Hear, hear!”] I can sense the disappointment in the Chamber; can you, Madam Deputy Speaker?
Order. Just for clarification, no, I cannot sense the disappointment. The hon. Gentleman has just made a very wise statement and he has the House with him.
As usual, Madam Deputy Speaker.
As I have said until I am blue in the face, I would like all sentences handed down by the courts to be served in full. At the very least, however, offenders should not automatically be released halfway through their sentence. That was a scandal—
I am surprised that the hon. Gentleman does not know, but for the sake of clarity let me explain. I do not know when the next Bill will come forward because it depends on how many Members wish to speak, but I do know that we have only two-and-a-half minutes left before this debate is finished. Whatever happens, I will stop the debate at precisely 2.30 pm. I am sure the hon. Gentleman is well aware of that, but I am happy to clarify the situation.
On a point of order, Madam Deputy Speaker. Is it not bizarre that Labour Members were happy for the previous debate to last for about three- and-a-half hours before they thought the debate should be curtailed, and yet for this one they think it should be curtailed after only one hour and 23 minutes?
I thank the hon. Gentleman. He notes that I would normally expect at least three hours of debate on an important Second Reading.
(8 years, 1 month ago)
Commons ChamberI do not want to get into that, Madam Deputy Speaker—[Interruption.] Well, I do want to get into that, but not today.
Order. On the contrary, the hon. Member for North East Somerset (Mr Rees-Mogg) has raised a point that is relevant to the Bill we are discussing, and the hon. Member for Shipley (Philip Davies) would not be out of order if he continued the dialogue with him on that point.
I am grateful for that guidance, Madam Deputy Speaker, but I fear that if I got sidetracked into talking about the latest decision by the High Court, we could be here for quite some time. I want to return to the issue but not today; I will save myself for another day, when I will tell the House what I really think of those judges and their ruling.
What I take from the intervention by my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) is that, like me, he suspects that the Bill would in effect supersede previous legislation about work experience from Government schemes. We would therefore get ourselves in a bit of muddle. We all agree—both sides of the House agree—that people on benefits doing work experience is a good thing that should be expected of them, unpaid. It helps them to get a job and we do not want to interfere with a system that works very well for lots of people who are looking for jobs. The Bill would need amending on that basis.
My hon. Friend the Member for Elmet and Rothwell mentioned volunteers. If he gets the chance to wind up the debate, I hope he will deal with that issue because we have not had clarity on it. It is referred to in the explanatory notes, but they do not say a fat lot more than the Bill says, if I am honest.
The Bill is about enforcing the national minimum wage, and when the National Minimum Wage Bill was going through Parliament in 1998, the issue of volunteers was dealt with at length. The Minister at the time, Ian McCartney, said:
“I am pleased to say that the entire approach to the clause has been marked by a consensus both on our aims and on the means of achieving them. We want to ensure, first, that genuine volunteers—who give their time to good causes—are not caught up in the Bill’s provisions.”—[Official Report, 9 March 1998; Vol. 308, c. 23.]
The Labour Government at the time were clearly concerned about that issue, which was raised in the Bill Committee. I was not here at the time, but it appears that the Labour Government made changes as a result of concerns raised in Committee, which are the same as those raised by my hon. Friend the Member for North East Somerset, and they had discussions with people who were concerned.
During the debate, the then Minister said:
“We are conscious, however, that there is a grey area. The definition of ‘worker’ in clause 52”
of that Bill
“is quite wide, although no wider than the definition used for the purposes of provisions on unauthorised deductions in the Employment Rights Act 1996”.—[Official Report, 9 March 1998; Vol. 308, c. 24.]
It is an area of concern, and I am not entirely sure that the Bill does a great deal to clear up any confusion about that issue. It seems that the original National Minimum Wage Bill was determined to try to exclude real, genuine volunteers who were volunteering because they believed in a cause, so it would be strange if volunteer interns were now caught up in legislation that they were never really intended to be caught up in in the first place.
I might just say, Madam Deputy Speaker, that Mr Speaker spoke in the debate in 1998. I mention that not because I wish to draw him into the debate now—I do not—but because I agree with the point that he made. He said:
“Are there not instances in which a person works in a charity shop, not for an honorarium but for a modest but regular payment that is below the national minimum wage, and in which, if the shop were obliged to pay that person the national minimum wage, it would have to cease to employ that person? Would not that be a most undesirable state of affairs?”—[Official Report, 9 March 1998; Vol. 308, c. 29.]
(8 years, 9 months ago)
Commons ChamberMy hon. Friend makes a helpful suggestion. I hope that the Parliamentary Under-Secretary of State for the Home Department takes note and will deal with that.
Order. Would the hon. Gentleman mind repeating the name of the case? I did not hear what he said.
I apologise for not being clear. The case was from the Court of Appeal in 2011 and was that of R v. Mintchev. I appreciate your seeking clarification, Madam Deputy Speaker.
I fear that my Twitter feed would not be enough. I have 12,000 followers, all of whom hate me, so I am not entirely that the message would get across to my target audience.
As for how effective we currently are in removing foreign national offenders, the Public Accounts Committee released a report in January 2015 called “Managing and removing foreign nationals” that considered the effectiveness and efficiency of managing foreign offenders in UK prisons. I must say that the Committee’s summary was damning. It said:
“It is eight years since this Committee last looked at this issue. We are dismayed to find so little progress has been made in removing foreign national offenders from the UK. This is despite firm commitments to improve and a ten-fold increase in resources devoted to this work. The public bodies involved are missing too many opportunities to remove foreign national offenders early and are wasting resources, through a combination of a lack of focus on early action at the border and police stations, poor joint working in prisons, and inefficient caseworking in the Home Office.”
I will not go through all of the conclusions, but it was a damning report. We can clearly see that the system is not working.
When we consider the success rate of the Home Office in removing foreign criminals, we can see that it falls short of its own figures. The number of removals is very low compared with the number of referrals to immigration enforcement. Of the 5,262 referrals to the immigration enforcement team up to September 2015, only 2,855 people —50%—were removed. The Department was handed these people on a plate, but only half of them were removed.
I will not go into the figures for foreign national offenders in prison, because my hon. Friend the Member for Kettering went through them very clearly. His figures match mine and also match those of the National Audit Office. It is interesting to see why these removals fail. In its 2014 report, the National Audit Office concluded that 523 removals failed because of issues deemed to be within the control of the Home Office, and 930 failed removals were due to factors outside the control of the Home Office.
In 2013-14, of those reasons deemed to be within the Department’s control, 159 removals failed because emergency travel documents, EU letters or other documentation needed to transport the offender were unavailable. In seven cases, they failed because the tickets for travel had not been booked. It is a farce that someone had forgotten to book the tickets—you couldn’t make it up. How on earth that can happen, Lord only knows.
According to the NAO, the largest reason for failed removals that were deemed to be outside the Department’s control was offenders making an appeal outside the 28-day deadline. They might have submitted an asylum claim, a leave to remain claim or human rights claim. There might have been an injunction, a judicial review or representations received from a medical professional, a Member of Parliament or another Government Department. In 2013-14, 323 removals failed due to those reasons.
We have a situation where the Home Office is trying to kick someone out of the country, and another Government Department is working hard to keep them in the country, which does not say a great deal for joined-up Government. Perhaps the Minister can explain that. The National Audit Office produces a list of all the various failures, the reasons and how many there were for each, and I encourage people to look at it.
One problem is litigation. Indeed, in 2014, in response to an urgent question on this very subject, the Home Secretary said:
“The main problem we face is the rise of litigation; we have seen a 28% increase in the number of appeals.”—[Official Report, 22 October 2014; Vol. 586, c. 905.]
With an estimated £81 million spent in legal aid costs for foreign national offenders, it is clear that the whole process is not only time-consuming, but very expensive. In effect, the Government are paying to thwart the Government in deporting people from the country.
I am not sure whether my hon. Friend the Member for Gainsborough mentioned the case of William Danga in his remarks, but let me explain that Danga was convicted of raping a 16-year-old girl. After completing his prison sentence, he challenged deportation on the grounds that he had a right to a family life. It was deemed that he could remain here because he had a girlfriend and a young child. This is someone who had raped what I would consider to be a child. Commenting on the case in 2011, a judge said that it was remarkable that he had not been deported for committing the rape. Clearly, there are some sensible judges around.
I raised this very issue with the Home Secretary in 2014, and suggested that, because we are not deporting people, we must ensure that we are tougher at the borders; and that we should take the DNA of foreign nationals who want to enter our country, which I thought was a small price to pay for keeping us safe.
Another concern is over foreign national offenders who are subject to deportation orders and who are then moved to open prisons—you couldn’t make it up. A foreign national has committed an offence and the Government clearly want to deport them, but the Ministry of Justice moves them into an open prison, where people can literally just walk out of the gates. Again, the Government have to do something about the scandal of foreign nationals subject to deportation orders doing that. In 2013 alone, 190 foreign national offenders absconded from our prisons. These are schoolboy mistakes in keeping tabs on people we want to deport.
(8 years, 10 months ago)
Commons ChamberOn a point of order, Madam Deputy Speaker. I am sorry to cut off my hon. Friend in full flow. This is further to my point of order earlier this morning about the security risk this country faces from a European Court of Justice decision to stop the UK kicking out of this country a Moroccan national whom the Home Office believes to be a severe threat to national security. It now appears that the person concerned is Abu Hamza’s daughter-in-law. Whoever it is, this is a very serious matter, and this country and this House should be aware of it. What can be done to get a Home Office Minister to come to the Chamber as a matter of urgency to tell the House about this matter and about what threat this country faces?
I thank the hon. Gentleman for his point of order and for bringing this matter, which is indeed important, to the attention of the House again. As he knows, I have no power to require a Minister to come to the House, but I am quite certain, now that the hon. Gentleman has raised this matter on the Floor of the House, that those who ought to take note of what he has said will do so. I trust that the matter will be brought before the House in due course, and the hon. Gentleman is of course well aware of the many methods that he can use next week to ensure that it is brought before the House.
The hon. Lady wants me to cover rather a lot of ground, if she does not mind me saying so. If we get into the funding of local authorities and funding formulas, I am sure that you might start to raise an eyebrow or two at my going off piste, Madam Deputy Speaker.
Order. For the avoidance of doubt, let me say that the hon. Gentleman is absolutely right that I would raise several eyebrows. As I am sure the hon. Member for Hornsey and Wood Green (Catherine West) who has intervened to ask all those questions will appreciate, I will make sure that we deal only with what is in the Bill. There is more than enough in the Bill to keep us going.
I am very grateful to you for that guidance, Madam Deputy Speaker. My new year’s resolution was to try to stick to the subject on Fridays. As I have not always achieved that, I thought I would make a special effort this term to stick to the point, and I am rather pleased that you have supported my first attempt to do so.
On the part of the intervention by the hon. Member for Hornsey and Wood Green (Catherine West) that is most relevant to the Bill, I accept her premise that it is important for everybody to be in a home that comes up to a certain standard. I am not aware of anybody who would disagree with that proposition. The issue is whether the Bill is necessary to achieve that. If I am allowed to make a bit more progress—time is pressing—I would like to set out my contention that the Bill is not necessary to achieve what she would like, which is exactly the same as what I would like. I cannot speak for the Minister, but I would like to think that he agrees—I am pretty certain he does—with the proposition that all housing should be fit for human habitation. We do not object to that principle.
The starting point for the Bill, as the hon. Member for Westminster North said, was the 1996 Law Commission report, “Landlord and tenant: responsibility for state and condition of property”. The explanatory notes to the Bill confirm that it is adapted from the Law Commission’s draft Bill, which was included in the report. The report was 230 pages long and covered many issues.
I cannot resist pointing out that we are nearly 20 years on from when the report was produced. I hope it has not escaped everybody’s attention that since 1996, we have had 13 years of Labour Government. They had plenty of opportunity to put the draft Bill into legislation if it was a matter of great importance, as the hon. Member for Westminster North claims.
(9 years, 11 months ago)
Commons ChamberI fear that by using the RFU as an example my hon. Friend is rather leading with his chin. The RFU makes very few, if any, tickets available to genuine fans for rugby internationals. The tickets go all round the houses to rugby clubs and so on, but a genuine fan who wants to go and watch rugby finds it difficult to get their hands on one. The secondary market is one of the prime reasons why—[Interruption.] I will not give way again. My hon. Friend has made his point—
Order. Just because we are talking about rugby does not mean we have to behave as if we are on a rugby field.
Thank you, Madam Deputy Speaker. For a genuine fan who does not belong to a rugby union club but wants to watch a rugby international, the secondary ticketing market is one of the best ways of indulging their interest.
The hon. Member for Washington and Sunderland West and my hon. Friend the Member for Hove (Mike Weatherley) found that every report on the secondary ticketing market went against them, so they decided in the all-party group on ticket abuse to produce their own report, because they knew that it could come to a conclusion with which they agreed. It was a sort of desperate measure—no one else would agree with them, so they produced their own report. As I understand it, in their report they argued against capping prices, yet the amendment is in effect a price cap. The amendment states that tickets can be resold, as long as they are not resold above their face value, and that is a price cap—[Interruption.] Of course it is. If someone can resell a ticket but that resale is limited to its price value, there is a price cap on that ticket. We have the extraordinary situation where the hon. Lady and my hon. Friend have come up with their own report, and now they have tabled an amendment that argues against that report. They argued against price caps, but the amendment would introduce one.
There are many arguments against a price cap. First, we do not have price caps on other things. If I buy a ticket to an event, as far as I am concerned that is my ticket and if I want to sell it on to somebody else—for whatever price I can command—that should be my choice. Similarly, if I buy a house and want to sell it on at a later date to somebody at a much higher price, and someone is prepared to pay that price, why should the Government interfere in that legitimate transaction between a willing seller and a willing buyer?
People say that the market in tickets does not work properly because there is a dearth of supply and a lot of demand, and it is the same with houses. There are currently few houses for sale and a lot of people want to buy one, and the price of houses has rocketed as a consequence. Exactly the same arguments apply to housing as to tickets, yet who argues that we should have a price cap on houses and that someone cannot sell their house for more than they paid for it? It would be ridiculous for anybody to argue that, but it is exactly the same principle.
(10 years, 3 months ago)
Commons ChamberI thank the right hon. Gentleman for that point of order. I am sure that the hon. Gentleman who currently has the Floor, Mr Philip Davies, will make it clear that he has.
What I will make clear is that unlike the right hon. Member for Kirkcaldy and Cowdenbeath, who started the debate and then cleared off, I have been sitting here for the whole debate, so I am not sure how on earth you, Madam Deputy Speaker, or the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke), would expect me to have given him notice.
Further to that point of order, Madam Deputy Speaker, I understand that the purpose of that rule is to deal with a premeditated intention to embarrass a Member, not if the point under consideration is something that has arisen in the course of the debate.
I assure you, Madam Deputy Speaker, that I am apologising for nothing.
Order. If I suggest that it might be in order for the hon. Gentleman to apologise, that is to keep good order in this place and to observe courtesies between Members. There should never be a situation where Members feel that a discourtesy has been made. I am certain that the hon. Gentleman meant no discourtesy, and I am sure he will say so.
I confirm that I certainly meant no discourtesy, Madam Deputy Speaker, but I stand by everything I said. I think I agreed with about 0.7% of what the right hon. Member for Kirkcaldy and Cowdenbeath said in his speech.
At some point, when you allow, Madam Deputy Speaker, Members on the Government Benches will no doubt be invited to support the closure of this debate. I want them to know exactly what they will be doing. Ultimately, they will be answerable to voters in their constituencies in the not-too-distant future. By allowing this Bill to go into Committee and to make progress, Members are basically signalling the death knell of the EU (Referendum) Bill promoted by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill). At some point, all my hon. Friends will have to explain to their electorate, and to other candidates in that election, why they feel that this Bill is more important than that Bill. I do not believe it is, particularly given that the spending on aid is being achieved at the moment anyway. They will have to explain that, and I hope they feel relaxed about doing so. Many of my hon. Friends present—virtually all of them—are in safe seats, which seems to me probably no coincidence. However, I hope they will explain their actions to colleagues in less favourable circumstances, and I hope they know that that is what they will be doing when they go into the Lobby later today.
I am not surprised that the Liberal Democrats or the Labour party support the Bill. They are perfectly entitled to do so as it matches their philosophy. In a socialist philosophy, which Labour and the Liberal Democrats share, what is important is not outputs, but inputs.
Order. I do not need to be told whether it is a point of order, thank you very much. The hon. Gentleman is making a reasonable point, but I will answer him by saying that it is up to the person who has the floor whether he wishes to take an intervention and from where. It is up to each Member to decide the extent to which they wish to engage in debate.
Thank you, Madam Deputy Speaker. As I said at the start, we have had three hours of speeches from Members in favour of this Bill and I think the public and this House deserve to hear the viewpoint of people who do not support it. They have had plenty of time to make their case; it was just a pretty poor one.
Order. The hon. Lady will not shout across the Chamber, no matter how much noise the hon. Member for Shipley (Philip Davies) is making.
I am grateful to you, Madam Deputy Speaker. I always feel that I must be doing something right if I manage to wind up Opposition Members who hold idiotic views. It will be time for people on my side to worry when the Opposition start to agree with what they are saying. That should tell them that they are on the wrong side of the argument.
We know that the present policy is not working because the countries in question have not developed as much as they should have done. The question that I would pose to everyone is this: what do they think are the root causes of poverty in some of those countries in Africa? Is it that those countries are not getting enough aid? Does anybody really think that that would get to the root cause of the problem? Or is it perhaps that those countries have terrible governance and that the rule of law means nothing there? Could it be that outside companies will not invest in those countries, even though such investment would create wealth and prosperity, because they could have all their assets confiscated within a few weeks or months? We need to sort out all those factors if we want to sort out the problems in Africa, rather than simply handing over an ever-larger cheque every year and thinking that that will sort out all the problems of the developing world. It is idiotic and simplistic to think that that will work. Let us deal with the root causes and tell those countries that they need to get themselves sorted out—
My hon. Friend has a perfectly legitimate point of view, and I agree with much of it. As he has rightly identified, someone can support 0.7% of the budget going in overseas aid without supporting this Bill, because it already happens. We are supposed to pass laws here because we actually need a law to help something or prevent something that is very bad. He has rightly identified that the Bill is a solution looking for a problem, but I do not agree with him that we should be spending 0.7% of our budget on it. [Hon. Members: “Ah!”] I do not agree with that. I would like to think that I have made that abundantly clear. We cannot afford to spend that. There is no evidence that it is being well spent, so I agree with him.
This Government have made such an effort to stop welfare dependency at home, and I support everything that the Secretary of State for Work and Pensions has done to try to stop a culture of welfare dependency in this country. People cannot expect to sit and wait for their next handout from the state. How on earth can a Government who have done so much on welfare dependency—[Interruption.]
Order. The hon. Gentleman is speaking and is in order. I appreciate that he has a great deal to say and that there is a vibrant argument going on, but I point out to him that he has now spoken for 40 minutes, which is twice as long as anyone else in this debate. He has the Floor and has every right to go on speaking, but one must balance rights with responsibilities. He might like to consider courtesy and consideration for his fellow Members who also wish to speak, and have valid points to make this afternoon.
I am, as always, grateful to you, Madam Deputy Speaker, for your guidance. As I said at the start, we have had three hours of speeches from Members who are in favour of this Bill. As you have rightly said, I have spoken for 40 minutes in opposition. But I am a generous man, and I always seek to please you in particular. If it will please you, I will seek to draw my remarks to a close, but if you could indulge me for a couple more—[Interruption.] I could speak for a couple more hours. There is so much wrong with this Bill, we could go on for most of the day and most of the night as well.
I just want to make this point about welfare dependency. We have been doing so much to say to people here, “You cannot expect to sit back and wait for money to come to you without doing anything yourself.” In the same breath, DFID is entrenching welfare dependency abroad. Basically, it is saying to countries, “It doesn’t matter what you do with your governance or what you spend your money on; we will keep handing over the cheques come what may.”
Let us take India as an example. Why on earth are we still giving aid to India?
(11 years, 10 months ago)
Commons ChamberI have already explained that I cannot give way.
Those figures do not tell the full story because they relate to all abuse and all violence in households. In partner abuse, 4.2% of women are victims and 3% are men. Men and women are both victims of domestic violence and partner abuse. We must also bear in mind that the definition of domestic violence includes non-violent components.
I have not got time to give way; there is a short time limit and there will be plenty of time for other cases to be made during the rest of the debate.
I also want to talk about the perpetrators of violent crime—[Interruption.]