Oral Answers to Questions
Gareth Johnson Excerpts(1 year ago)
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Edward Argar
If the hon. Lady would like to write to me, I will be happy to look into that specific case. But in broad terms, in the last financial year this Government invested £217 million in capital and maintenance spending, up from £149 million in 2010-2011. That includes, since 2020, delivering £73 million of capital maintenance projects across Yorkshire. Security is not a dirty word in this context but is vital to creating conditions in which people can be safe and rehabilitated. We continue to work closely with the NHS on improving things such as mental health support for those in prison, but I am happy to engage with her on this issue.
Gareth Johnson (Dartford) (Con)
The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)
In 2019 we expanded the unduly lenient sentence scheme to include 14 new offences, including further child sexual offences and coercive or controlling behaviour. We have no immediate plans to extend the scheme further, but we keep it under constant review.
Gareth Johnson
I welcome the new Minister to his place; his is an excellent appointment and I wish him every success. The fact that malicious wounding, actual bodily harm, burglary and even rape, when dealt with in the youth courts, do not come under the unduly lenient sentence scheme is plain wrong. Will he please review that situation, which time and again lets down the victims of those serious crimes?
Gareth Bacon
The unduly lenient sentence scheme is intended for use in serious cases for offenders sentenced in the Crown court. The Attorney General has the power to refer a sentence to the Court of Appeal for review if they believe it is unduly lenient. A youth court can sentence a child to up to two years of detention only. Where a child’s offence is likely to attract a sentence of more than two years, the case must be passed to the Crown court for sentencing, where the scheme therefore applies.
Oral Answers to Questions
Gareth Johnson Excerpts(1 year, 2 months ago)
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Damian Hinds
The sale is progressing. Of course, any proposed development would be subject to approval from Reading Borough Council’s planning department, and the usual due diligence requirements and so on will apply.
We quite often throw around the term “doughty campaigner” in this Chamber, but I can certainly say that the hon. Gentleman and my right hon. Friend the Member for Reading West (Sir Alok Sharma), his neighbour, have been incredibly assiduous in their attention to this matter on behalf of their constituents. In turn, I commit to him that we will absolutely stay in touch.
Gareth Johnson (Dartford) (Con)
The Minister of State, Ministry of Justice (Edward Argar)
It is right that those convicted of a crime face up to its consequences by being in court when they are sentenced. On 30 August, the Lord Chancellor announced his intention to legislate as soon as parliamentary time allows to enable judges to order an offender to attend court for sentencing, making it clear in legislation that reasonable force can be used to compel attendance and that refusal to comply with a judge’s order will cause the offender to face up to two years in custody.
Gareth Johnson
In 2014, Colin Ash-Smith was convicted of murdering 16-year-old Claire Tiltman in my constituency of Dartford. His final insult to her was to refuse to attend the sentencing hearing, so I welcome the proposed changes to compel defendants to face up to the consequences of their actions. However, can the Minister confirm that there will be an opportunity for judges to hear representations from the prosecution, defence, and security staff before such action is taken?
Edward Argar
I am grateful to my hon. Friend, and I hope he will allow me this opportunity to express my sympathy to the friends and family of Claire Tiltman, who lived in his constituency and, in 1993, was tragically murdered. I was glad to see her murderer brought to justice after so many years. Colin Ash-Smith, like Lucy Letby, was cowardly for not attending the sentencing hearing to face up to his appalling crime. Each case is different, so it is important that the court and the judge have discretion in how to make an attendance order, and in reaching that decision—although we are working through the details—we would expect the courts to consider the full circumstances of each individual case, including any representations made by the prosecution or the defence in that context.
Human Rights Legislation Reform
Gareth Johnson Excerpts(2 years ago)
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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.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)
It is a pleasure to serve under your chairmanship, Ms Fovargue. I thank the hon. Members for Dagenham and Rainham (Jon Cruddas), for Hammersmith (Andy Slaughter) and for Strangford (Jim Shannon), the hon. and learned Member for Edinburgh South West (Joanna Cherry), the hon. Member for Coatbridge, Chryston and Bellshill (Steven Bonnar), and my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) for their contributions.
I thank my hon. Friend the Member for Blackpool South (Scott Benton) for introducing the debate on behalf of the Petitions Committee, and I thank the creator of the petition, who I understand is in the Public Gallery, for his engagement with Parliament. I hope he will agree that we have had a very constructive debate. There may be slight differences of opinion, but the debate has been positive. I also thank the hon. Member for Lewisham West and Penge (Ellie Reeves). I like the people of Lewisham West; when I stood there in 2005, I found out that I liked them rather more than they liked me, but that is a separate issue. She represents a wonderful constituency, and I thank her for her contribution.
I am genuinely grateful that the debate gives me the opportunity to set out the Government’s position on this issue. The UK has a long and proud history of recognising and standing up for the fundamental human rights of individuals. Robust protection of those rights, such as freedom of thought and of expression, is a vital cornerstone of our modern democracy. In recognition of that, the Government pledged in our manifesto to review and update the Human Rights Act, which was created in 1998 to give further effect in UK law to the rights set out in the European convention on human rights.
Almost a quarter of a century has passed since that Act came into force. It has occupied an important position in the UK’s human rights framework, but after over 20 years, it is entirely right that we should look at it again and seek to update it, not with the intention of reducing protection of our rights and freedoms, but to make sure that this country’s human rights framework continues to be the best that it can be, meets the needs of the society that it serves, and remains a leading example on the international stage. We want to ensure that the Act strikes the proper balance between the rights of individuals on the one hand, and our vital national security and effective government on the other.
The Government established the independent Human Rights Act review in December 2020 to examine the framework of the Act, how it operates in practice, and whether any change is required. Chaired by the former Court of Appeal judge Sir Peter Gross, who my hon. Friend the Member for Bromley and Chislehurst mentioned, the review panel was tasked with considering the relationship between domestic courts and the European Court of Human Rights, and the Act’s impact on the relationship between the judiciary, the Executive and the legislature. The Government are most grateful to Sir Peter and his panel for their valuable report, which was published in December 2021.
Following the report, the Government commenced work on a Bill of Rights. Their reform programme not only took the report into account but considered wider issues relating to our domestic framework, including the need to strike a balance between individual rights and the wider public interest, and to give public authorities the confidence to carry out their duties. As Members might expect, when a new Government were formed, the Bill’s progress through Parliament was paused in the light of a wider review of policy priorities. We are taking this opportunity to closely consider our approach to updating the Act, and to ensure that the provisions that we put forward will deliver the Government’s objectives as effectively as possible.
Let me be clear that any reform to the Act will be in full compliance with the European convention on human rights, and with the UK’s other international obligations, including the Belfast/Good Friday agreement, the Northern Ireland protocol, and our trade and co-operation agreement with the European Union. More broadly, we will maintain our leading role in the promotion and protection of human rights, democracy and the rule of law internationally. The UK’s record at the European Court of Human Rights demonstrates our commitment to ensuring that human rights are protected. The UK’s human rights record is strong. Of all the state parties to the European convention on human rights, the UK has the fewest applications to the court per million inhabitants. The figures that I have are slightly different from those given by my hon. Friend the Member for Bromley and Chislehurst, but the point remains the same: at the end of 2021, applications against the UK made up only 0.17% of the Court’s case load, and very few of the Court’s final judgments find a violation by the UK; two did in 2020, and five in 2021.
We continue to be a strong supporter of the work carried out by the United Nations treaty bodies to uphold the broader human rights system. The UK remains a strong advocate of the United Nations Human Rights Council, and we have a deep commitment to the success of its universal periodic review. We believe that it is an important mechanism of universal and constructive peer review. It allows the sharing of best practice and promotes the continual improvement of human rights on the ground, and is therefore a process we will continue to engage with.
The UK has been praised in the UN’s previous universal periodic review dialogues for our leadership on certain recommendations and our commitment to the review process. We have recently published our state report for our fourth universal periodic review, the dialogue of which is scheduled for November 2022. This petition rightly points out that the Human Rights Act provides important protection. While I could not disagree with that sentiment, it does not preclude us from looking carefully at how the Act could be improved.
Andy Slaughter
The Minister is making a good case for “If it ain’t broke, don’t fix it”. He has used the phrase “review and update” himself, so I assume we will have no more of “repeal” and “replace”, which is what it says in clause 1 of the paused Bill. He has rightly said that we are both a contributor to international human rights and are less criticised than many other countries in that respect. Are those not all arguments for not needing a comprehensive review? Twenty years is not a long time. Magna Carta has been around for about 800 years—we are not talking about repealing that.
Gareth Johnson
The Conservative party manifesto at the last general election made it clear that we wanted to review and update the Human Rights Act. We would still remain compliant with the European convention on human rights, whatever changes are made. It is purely to review and update the Act. The manifesto does not say that we wish to repeal and scrap the Human Rights Act.
Steven Bonnar
I thank the Minister for giving way; he is being very generous. He makes reference to manifesto pledges and his commitment to deliver on them. I wonder why it is only his Government who are allowed to deliver on their manifesto pledges. The Scottish Government have a clear manifesto pledge to deliver an independence referendum. Self-determination comes under human rights, and I wonder why he would like to deny that to the people of Scotland.
Gareth Johnson
That might take us down a rabbit hole that you, Ms Fovargue, might regard as being out of order. The hon. Gentleman will know that the Human Rights Act is not a devolved matter; it is retained by the UK Parliament to legislate on. Updating the Act to ensure that it serves its intended purpose and keeps up with the needs of a changing society is a crucial step towards doing just that, and the work to review how best to achieve that continues. I look forward to updating the House on that work in future. I reassure all hon. Members present that protecting the rights and freedoms currently enjoyed in this country will remain of the utmost importance throughout this process.
Oral Answers to Questions
Gareth Johnson Excerpts(2 years, 1 month ago)
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Richard Thomson (Gordon) (SNP)
The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)
The Secretary of State works closely, and has regular discussions, with the Home Secretary and other members of the Cabinet on tackling illegal migration. The migration and economic development partnership is an essential part of the Government’s strategy to improve the fairness and efficacy of the United Kingdom’s immigration system. Its aim is to deter illegal entry to the UK, break the business model of people smugglers, and remove from the UK those who have no right to be here. There are ongoing legal challenges to the partnership, but the Government remain confident that it is fully compliant with national and international law.
Marion Fellows
I thank the Minister for his answer, and welcome him to his place—for the time being.
The United Nations refugee convention prohibits refoulement—returning a refugee to a place, including any third country, where they would face persecution. Given that UK Government officials are warning their own Ministers about Rwanda’s appalling human rights record, how can the Minister be confident that this plan is compatible with the convention?
Gareth Johnson
Nothing in the UN convention prevents people from being transferred to a safe country. Rwanda is a safe country. It is a signatory to the convention. It has been praised by the UN for its work on refugees, and it is a good partner to do business with.
Chris Law
Yesterday I returned from Rwanda, where I saw at first hand what some people are now calling Hopeless House, a refurbished orphanage. It is clear that there is zero transparency in respect of the £120 million payment to Rwanda.
Is the Justice Secretary not alarmed by the fact that the world’s largest refugee agency, the United Nations High Commissioner for Refugees, has said that this policy will
“undermine, not promote, the Government’s stated goal of improving protection for those at risk of persecution”,
and, as a result, will send the clearest possible message to international partners that this UK Government are stepping away yet again from their international responsibilities on human rights protections?
Gareth Johnson
What is clear is that the current situation in the channel is deathly. What we need to do is smash the business model of the people smugglers, and ensure that we have a safe and human route for those people who have been transferred to Rwanda. I am confident that we are on track to do that. We are confident of our legal position; no court has deemed our plan to be in any way unlawful.
Owen Thompson
Under the Government’s plans people could be given as little as seven days’ notice of deportation, which is clearly insufficient time for them to seek any legal advice about their removal to Rwanda. Does the Minister agree with the Law Society of England and Wales, which says that anyone subject to a life-changing order must be able to challenge the decision and have their case processed fairly and transparently?
Gareth Johnson
Access to legal advice is, of course, extremely important to anyone seeking asylum, which is why legal assistance is available to all asylum claimants. For example, 30 minutes of telephone legal advice and access to legal aid are available to people who claim asylum in this country.
Kirsten Oswald
Does the Minister agree with the chief executive of the group Refugee Action that stepping back from the UK’s obligations under the 1951 convention would be
“a blatant breach of the international refugee laws that the UK proudly helped create in the first place”,
and does the new Justice Secretary not feel a responsibility to uphold those international obligations?
Gareth Johnson
Everything we are doing complies with the UN convention, and with the UN convention on human rights. It also complies with national law. I have to say to Scottish National party Members that if they spent a little more time looking at the border between the UK and France and a little less time looking at the border between England and Scotland, they might come up with some viable alternatives.
Richard Thomson
Does the Minister not realise how embarrassingly abject it is to hear the Home Secretary accuse judges in Strasbourg of mission creep, when all they are doing, when it comes to the refugee convention, is interpreting and upholding laws that successive UK Governments have helped to create and have tasked them with upholding?
Gareth Johnson
The hon. Gentleman should have more faith in our judges. I repeat that everything we are doing complies with the UN convention on refugees. It complies as well with UK law and with the European convention on human rights. We are determined to stop what is going on in the channel. This is the fourth question we have heard from the Scottish National party, and not once have we heard a viable alternative proposal from them. Not once.
Nadia Whittome (Nottingham East) (Lab)
The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)
We extended magistrates courts’ sentencing powers from a maximum of six months’ imprisonment to 12 months’ imprisonment for single triable either way offences in April of this year. We estimate this will save up to 1,700 Crown court sitting days a year, and we are keeping the impact of these increased powers under review.
Nadia Whittome
That does not really answer my question, although I thank the Minister for his response. My question is whether he intends to extend the sentencing powers further. Although I obviously share his desire to tackle backlogs and reduce waiting times in the Crown courts, concerns have been raised that further increasing the sentencing powers of magistrates is not the right way to go about this. More defendants may elect to be tried in Crown courts anyway, and expanded powers could result in higher sentences, putting even more pressure on already overcrowded prisons and leading to an increase in Crown court appeals. What consideration has he given to these concerns, and what alternatives are there?
Gareth Johnson
I make no apologies for locking up criminals. I have confidence in the good blend of district judges and justices of the peace in the magistrates courts. We have not seen how the existing increase in powers has been borne out, and we have not seen what the impact will be. We will keep that under review and, until we have that information, I cannot add anything further.
Mr Laurence Robertson (Tewkesbury) (Con)
Yasmin Qureshi (Bolton South East) (Lab)
The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)
The outstanding case load in the Crown court in Bolton was 528 at the end of June 2022. We are taking action across the criminal justice system to deliver swifter access to justice for victims and to reduce the backlog of cases. That includes the investment of £477 million into the criminal justice system over the next three financial years to maximise the capacity of the system.
Yasmin Qureshi
As a former prosecutor, a barrister in private practice and a shadow Justice Minister, I find sitting in this House and watching the Government oversee the managed decline of our legal system deeply concerning. In Bolton, as the Minister has said, the backlog stands at 500—more than 10% greater than six months ago. It includes 20 rape cases among other serious criminal cases. Can the Secretary of State for Justice inform me why the Government have effectively legalised criminal activity in Bolton, in Greater Manchester and throughout Britain?
Gareth Johnson
The hon. Lady is right to raise the issue of the backlog; it is a serious matter. That is why we have put in a catalogue of measures to help tackle it, including: introducing Nightingale courts, which will be sitting until 2024-25; increasing the cap on sitting days; and raising the retirement age for judges. We have done a lot and I hope the hon. Lady will be gracious enough to congratulate the Lord Chancellor on successfully negotiating an end to the Bar strike, which will help tackle this serious problem.
Rehman Chishti (Gillingham and Rainham) (Con)
With regards to addressing the backlog of criminal cases, the Minister will know that the largest category in the backlog of 60,000 cases is sexual offences. Previously, I have made representations to the former Lord Chancellor and the No. 10 policy unit to have specialist sexual courts to address that category. On 16 June, the previous Justice Secretary announced pilot projects for sexual offences courts in Leeds, Newcastle and Snaresbrook Crown court. That is something that I pushed for along with Kim Hollis, the former Director of Public Prosecutions in the British Virgin Islands. Has that taken place and what further steps have been taken to ensure that those pilot project results are taken forward?
Gareth Johnson
I understand that, yes, that has taken place. My hon. Friend raises a very serious issue about the backlog and particularly about the serious offences that are contained within it. This is why we must get the number of outstanding cases, particularly the serious sexual offences, down. As far as the courts specialising in sexual offences are concerned, we are looking at pilots and considering the matter. There are pros and cons to that approach, and that is represented right across the criminal justice system with some people speaking up in favour of it and others against. That is why we need to look incredibly carefully at that very serious issue.
Alex Cunningham (Stockton North) (Lab)
I am grateful to my hon. Friend the Member for Bolton South East (Yasmin Qureshi) for raising this question—a question that could be asked of each and every town and city with a courtroom, because the picture is dire up and down the country. I am glad, however, that the Ministry of Justice got back round the table with representatives from the criminal Bar and engaged with their concerns so that justice could get moving again. However, just a couple of weeks after that strike action ended, the Minister is facing more. It is about the failure of the Common Platform, which is preventing staff from doing their jobs effectively and holding up justice for victims and defendants alike. I welcome to his place the fourth Justice Minister that I have faced across the Dispatch Box. Will he now do what his managers and predecessors have refused to do and pause the further roll-out of this system until he gets it fixed?
Gareth Johnson
I totally reject the argument that somehow the Common Platform is responsible for the backlog in the courts; it is not. What happened is that the backlog in the courts increased during covid. We were the first country in the world to recommence jury trials and get our courts back working again. The backlog was going down, but we then had the Bar strike, which, understandably, increased it because barristers were not working, but thanks to the actions of the Lord Chancellor, we now have resolved that issue and can look forward to the backlog coming down.
Duncan Baker (North Norfolk) (Con)
Chris Law (Dundee West) (SNP)
The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)
The court backlog is an important issue. As part of the deal done with the Criminal Bar Association, we are looking at giving better funding for cross-examination under section 28 of the Youth Justice and Criminal Evidence Act 1999 for victims of serious sexual violence, but the hon. Gentleman will know that the Government have put in place a catalogue of measures to tackle the backlog in the Crown court. We want to get on top of the backlog; we were getting on top of it until the Bar strike took place, and thanks to the deal that has been struck, we are now optimistic that it will start to come down.
Sir Edward Leigh (Gainsborough) (Con)
Gareth Johnson
We believe that our proposals to process people in Rwanda are compliant with not only the UN convention on refugees, but the European convention on human rights. We believe that our proposals are within not just international law but national law. There is nothing in those laws that prevent us from carrying out the policy we are proposing.
Ruth Jones (Newport West) (Lab)
Scott Benton (Blackpool South) (Con)
Gareth Johnson
I am grateful to my hon. Friend for his question. It is the Government’s position that we can tackle that significant problem within the current law. He will be aware that two judicial reviews are pending, but we are committed to the European convention on human rights and to the UN refugee convention. We believe that our proposals are within the law and that no court has said otherwise.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
It is not just the criminal courts that are seeing backlogs; the probate registry service and the divorce courts are also causing problems. One constituent came to my surgery last week. She is still living with her husband but her divorce case has been passed to Suffolk, where people cannot understand how she could still be living in the same house as him while trying to divorce—but that is the reality of the London housing situation. What action is the Minister taking to make sure that the pace of dealing with such cases increases?
Gareth Johnson
The Government have invested £324 million over the next three years to bring down the backlog in the family courts. The hon. Lady is right to mention the probate court as well. Obtaining grants of probate has a satisfaction rating of about 90%, but there are some serious delays with that other 10%. When people apply online and everything is order, probate is swiftly dealt with, but there are difficulties with some of the other 10% of cases. We are working on that at speed.
Dr Luke Evans (Bosworth) (Con)
Colin Pitchfork is a double child killer and rapist who came in front of the Parole Board. My predecessor referred the case back to the Parole Board to be reviewed, but Colin Pitchfork was then released and had his licence revoked again after worrying behaviour around young women. The Government committed to a root-and-branch review of the parole system in March. Will the Minister update the House on progress on that, so that such cases never happen again?
Lawfare and Investigative Journalism
Gareth Johnson Excerpts(2 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)
Thank you, Mr Deputy Speaker. I congratulate my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) on securing the debate. It is true that I was his Parliamentary Private Secretary back in 2017 when we were going through the turbulent times of Brexit. I think that he and I are pleased that things are so much calmer now.
I also pay tribute to all Members who have contributed: the right hon. Member for Barking (Dame Margaret Hodge), the hon. Members for City of Chester (Christian Matheson), for Strangford (Jim Shannon) and for Hammersmith (Andy Slaughter) and my hon. Friend the Member for Isle of Wight (Bob Seely), who is another doughty fighter on this issue. The House is lucky to have such Members who have seen this as an issue that they want to take forward and who want to ensure that my Department carries out the correct actions. It also gives me the opportunity to restate the Government’s commitment to freedom of speech and the protection of journalists. SLAPPs are wrong. They are a form of bullying. They need to be stopped, and stopped through legislation. First, let me emphasise that investigative journalism is of central importance to a functioning democracy. The UK launched a national action plan in 2021 to ensure that we continue to foster an environment in which journalists feel safe from physical harm and intimidation, and where those who threaten them are properly held to account.
Bob Seely
The Leus case, as eloquently highlighted by the right hon. Member for Barking, is just the latest example of the threatening abuse of lawfare, this time against Chatham House. It is remarkable that robust, incredibly famous international organisations are filleting reports because of the intimidation paid for by multi-millionaires. On the abuse of data protection, the abuse of privacy and the abuse of libel, is that going to be dealt with in a law which my right hon. Friend the Member for Esher and Walton (Dominic Raab) was planning, or is it going to be part of the Economic Crime and Corporate Transparency Bill, which is happening very soon and could be amended?
Gareth Johnson
I am grateful to my hon. Friend for his intervention. This matter will be dealt with by legislation. I cannot promise him that it will be dealt with in the Economic Crime and Corporate Transparency Bill, but it will be dealt with through legislation. I hope the House will forgive me if I do not refer to the substance of the cases that have been raised in this debate, but I want to set out exactly what the Government intend to do. Our aim is to ensure that journalists operating in the UK are as safe as possible, reducing the number of attacks on, and threats issued to journalists, and ensuring that those responsible are brought to justice.
Dame Margaret Hodge
We all agree that legislation is necessary, but the problem is that if the Minister does not take advantage of the legislation that is before us, the Economic Crime and Corporate Transparency Bill, he will be arguing behind the scenes on getting time for legislation for years and years. The opportunity is there. The need is there. Please grasp the opportunity and table amendments to the existing Bill that is before the House.
Gareth Johnson
I hear what the right hon. Lady is saying. I cannot give her the commitment that we will place that within the Economic Crime and Corporate Transparency Bill. There are two schools of thought on whether it can be placed in another piece of legislation, and thereby limited by the long title of that Bill, or whether it is better off dealt with in isolation, so it has more of a free rein. I can inform her and the House that the legislation is still, at this stage, being drafted. As a consequence, it is not oven-ready to go straight into another piece of legislation that is before the House now.
Dr Lewis
I just want to save the Government from a possible pitfall. Does the Minister not realise that the likelihood is that the people present in this Chamber tonight will table amendments to the Bill and then the Government would be in the invidious position of having to vote against them even if they agreed with them? Let us avoid that by getting it into the Bill in the first place.
Gareth Johnson
I hope, and I hope it is not a naïve hope, that hon. Members on both sides of the House will work with the Ministry of Justice on this, because we do intend to legislate on the issue.
Mr David Davis
Of course we do not want to get in the way of the Ministry of Justice, but the key issue is speed. If the Minister can, not necessarily today—I know Cabinet committees need to deal with this; we are all familiar with that—but at some point in the near future, say to us, “Yes, we are going to do it in this Session. Yes, we are going to do it soon,” he will find that the Economic Crime and Corporate Transparency Bill makes much easier progress than otherwise.
Gareth Johnson
I can give my right hon. Friend an assurance that we will do this as soon as the legislation is ready and as soon as parliamentary time allows it to happen.
Gareth Johnson
I will give way one last time, because I hope hon. Members want to hear what I have to say.
Gareth Johnson
I am sure that the parliamentary draftsmen will be interested in having a careful look at that. We need to get legislation right. If we do not get this legislation right—I know this is not the intention of my right hon. Friend the Member for Haltemprice and Howden—we run the danger of blocking perfectly legitimate action that is being taken against wrongdoers. We therefore need to get it right. In other jurisdictions where legislation has been brought in at haste and got wrong, it has needed to be withdrawn and amended. We do not want to repeat that in the UK.
The UK may not face the same challenges as other states, but it is clear that journalists operating here still face threats to their personal safety, largely through online abuse. We rely on journalists to hold powerful people and organisations to account for our collective good. Lawfare that targets our public watchdogs through aggressive, intimidatory tactics must be stamped out.
Russia’s shocking invasion of Ukraine brought home the urgency of Government action on strategic lawsuits against public participation—SLAPPs, as lawfare is commonly called—amid reports that hostile states could finance litigation in the UK to obstruct worthwhile investigations into corruption and other wrongdoing. We know that the Government’s decisive action on sanctions has already urged firms to review their Russian client list, mitigating threats to national security. Insurers are increasingly cautious in granting professional indemnity insurance, reflecting greater scrutiny of Russian-linked litigation.
As the House will recall, the Government published a call for evidence on SLAPPs on 17 March and their accompanying response to the call for evidence on SLAPPs on 20 July. I thank the 120 respondents to our call for evidence, who submitted evidence of the highest quality. We individually analysed each response to inform our proposals and were particularly troubled to hear the shocking impact that these cases can have on individuals’ wellbeing and livelihood. We must all be grateful to investigative journalists who report under immense financial and psychological pressure so that we, as a collective, are well informed.
The call for evidence findings have persuaded us of the need to act, although recent court cases show that the issue requires caution as SLAPPs are difficult to identify. SLAPPs present a novel challenge to free speech, so we want to be sure, before introducing legislation, that we get this right so that we deliver the outcome we all want. I want to see legislation to tackle SLAPPs, as do the Lord Chancellor and the Government. That is why we intend to bring in legislation, but we have to get it right.
There is a notable difference in legal and judicial opinion on what constitutes a SLAPP, both domestically and overseas. To rectify that, we have committed to primary legislation to enable clearer identification of SLAPPs according to common characteristics rather than a fixed definition. Those characteristics may include aggressive pre-action communications and targeting individuals where their publishers would be more appropriate.
Today, we know that defendants are intimidated by the prospect of years of litigation that require expensive legal defence. We will introduce an early dismissal process in statute that will effectively stop claimants financially and psychologically exhausting their opponents through abusive means, cutting short cases that have no merit, potentially, through a three-part test.
The crippling costs currently borne by SLAPPs defendants will be addressed through a new costs protection scheme, which will ensure that journalists and free speech advocates can litigate without fear of bankruptcy. That scheme will be introduced in secondary legislation, once the essential identifying features are set out in statute.
We intend to legislate when legislation is ready and when parliamentary time allows, given the pressing issues standing before our new Cabinet. It is appropriate that, with a new Cabinet in place, the Government take care to reassess their immediate priorities. I assure the House that the Secretary of State for Justice is exploring every legislative option, because free speech is a fundamental cornerstone of our democracy.
I note that overseas jurisdictions that have hastily introduced SLAPP legislation have later had to rectify and unpick it. I assure the House, though, that legislation is important. We continue to monitor alleged SLAPPs as they arise to inform our response and to ensure that the measures we introduce reflect the problem accurately. Stakeholder engagement is a vital part of our monitoring effort.
I will skip to the end of my speech, because I took so many interventions, but I make it clear to the House that we intend to legislate on this issue once the legislation is correct and once parliamentary time allows. As this is an Adjournment debate, it is unfortunately too short to properly discuss all the issues involved, but I hope that I have reassured the House.
Question put and agreed to.
Unduly Lenient Sentence Scheme
Gareth Johnson Excerpts(3 years, 6 months ago)
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Gareth Johnson (Dartford) (Con)
I beg to move,
That this House has considered the scope of the Unduly Lenient Sentence scheme.
It is a pleasure to serve under your chairmanship, Mr Dowd. The unduly lenient sentencing scheme has been in existence since 1989. It was brought in as a result of woefully inadequate sentences imposed by some judges, to the horror of many members of the public. This included, of course, the so-called Ealing vicarage case, in which an offence of rape was treated less seriously than an offence of burglary. Things had to change, and I am pleased to say that they did.
Having spent 20 years working in the criminal justice system myself, I am very aware of the fact that judges generally get things right, but they are human, and mistakes happen. It is right that the defence can appeal sentences that are too harsh, and it must therefore be right that the prosecution can appeal sentences that they feel are wrong too.
There is a blanket right for the defence to appeal against sentences in the magistrates courts, and a right to appeal against sentences imposed in the higher courts. That is right, and that is fair, yet the prosecution has very limited rights to appeal against sentences that are too lenient. It is in this respect that the scales of justice in this country do not balance.
I pay tribute to the fact that the Government have extended the scope of this scheme more than any other. In 2017, 2018 and 2019, the scheme was extended, so we have ensured that many victims of some of the worst crimes can see the sentences in their cases increased to a fair level. The scales of justice are levelling up, but they are not there yet. I hope during this debate to make constructive suggestions about how we can build on that good progress, and how we can continue. While I have raised the issue of unduly lenient sentences in this place several times before, I was prompted to do so again by a particularly harrowing case affecting one of my constituents.
Gemma Robinson from Dartford was attacked in 2019 by her partner, Joseph Falconer, in the most despicable manner. He had previously assaulted her and was subject to a restraining order, but had tricked or cajoled his way both back into her life and into her home. This young lady was described as the life and soul of any party, yet she was mercilessly beaten by Falconer until her eye socket was fractured and her tooth punched through her lip. She was then spat on by him before he left the house and, in the final insult, he completely cleared her bank accounts.
He was, I am pleased to say, arrested and charged with section 18 GBH, an offence that is covered under the unduly lenient sentencing scheme. The matter went to trial, with Mr Falconer having pleaded not guilty. However, Gemma Robinson, feeling unable to face him in court, took her own life—an event that devastated her family. Subsequently, Joseph Falconer was, quite astonishingly, offered a less serious charge under section 20 of Offences against the Person Act 1861—an offence of malicious wounding. This is an offence that is not covered by the unduly lenient sentencing scheme and he pleaded guilty to that charge. Despite being described by the judge in court as a “dangerous, jealous and controlling man”, he was given just three and a half years imprisonment. Gemma’s family understandably felt that this was insufficient and they contacted my office. Only at that stage were they made aware by my office that there was no power to appeal, as malicious wounding under section 20 of Offences against the Person Act 1861 is not covered under the scheme. Incredibly, had Joseph Falconer been charged with coercive behaviour under the harassment legislation, the scheme would have applied.
Gemma Robinson’s family feel totally let down by the system and they are not alone. There are many instances of people applying for a sentence to be reviewed under the scheme only to be told it is an offence that is not covered. In fact, around a third of the applications are not covered by the scheme and the largest number of offences that are applied and are not under the scheme are actually under section 20 for malicious wounding and also for assault occasioning actual bodily harm. There are many quite vicious and violent assaults taking place in this country for which an unduly lenient sentence is imposed. Yet nothing can be done about it by the victims or by anybody else.
Sadly, the injustices do not stop there. There is a strict 28-day time limit on applications to challenge sentences. I fully understand why we need some certainty and why there is a need for time limits, but there is an arbitrary time limit in this particular case and it needs looking at again. Many rules can be avoided in criminal law if exceptional circumstances apply. That should apply to this time limit too. If there are exceptional circumstances, judges, at their discretion, can enable an appeal under the unduly lenient sentencing scheme to take place. Currently, that is not the case. The criminal justice system is littered with examples of how injustices occur when courts have their discretion removed. The 28-day time limit on unduly lenient sentences is yet another example of where the courts do not have any discretion and, therefore, injustices occur.
A judge, for example, can withhold the publicising of a conviction and sentence if it would impact on another trial. Yet even when that happens, as it did in a rape case in Newcastle that was highlighted in this place by my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), the judge has no discretion to change or alter in any way the 28-day time limit. An offence is published after 28 days have elapsed, but people then cannot do anything about it. That really needs to be looked at again, because the defence can apply for time limits to be waived when lodging appeals, and so should the prosecution.
The unduly lenient sentencing scheme applies only to the Crown courts. A youth court, for example, when hearing very serious cases such as rape cannot be subject to the scheme. That has caused injustice in more than one case, so we need to look at attaching the scheme to types of offences only and not to the venue where the case was heard. The whole scheme, when we think about it, was brought in after a rape case was mishandled. Yet today, rape cases can be mishandled and unduly lenient sentences imposed without the prosecution or the victim being able to do anything about it. We need either to include rape cases in the youth court within the scheme or to remove the ability of the youth court to hear such cases.
The unduly lenient sentencing scheme is about fairness and balancing the scales of justice so that we give one side the same rights as the other in a court of law. By and large, in the most serious matters the scheme achieves that, but glaring anomalies prevent that in cases such as that of Gemma Robinson, my constituent, and far too many others. Great strides have been taken to widen the scheme, but we must ensure that the widening of the scheme is a continuing process, not simply an event.
The criminal justice system exists to protect the victims of crime, and it does so through fairness and balance. It is therefore imperative that we continue to widen the scheme, and thereby continue to protect the victims of crime.
Gareth Johnson
I thank the Minister for his response and for some of the reassurances that he gave us. I welcome the expansion of the scheme that has taken place, and I also welcome the fact that this is by and large a non-party political issue. Members of different parties have different approaches to the criminal justice system, but ultimately we all want to see fairness prevail, and I am pleased to see that.
We owe it to the victims of crime to make changes to this scheme. We owe it to Gemma Robinson, Kimberley, Jackie, Josh and Ruth, and the thousands of other people who have inadvertently been wronged by the criminal justice system. The 28-days issue is one that I would implore the Minister to look at again, because as I said in my speech, I believe that when there is a lack of discretion from the court in exceptional circumstances, injustice can occur. He was right to point out that we want certainty for both the victim and the offender. At the moment, there is certainty for the offender, but there is less certainty for the victim, because people can appeal out of time in some exceptional circumstances. That should also apply to the victims of crime.
Let’s face it, if we were creating a criminal justice system today, we would not create one like this. There is no way that we would say that the defence can appeal against anything but the prosecution cannot. That is simply not how anyone would create a system that rightly prides itself on balance and fairness. As far as the unduly lenient sentence scheme is concerned, we do not yet have that, so I would ask that this process, which has rightly been pursued by the Ministry, continues to look at what other offences can be brought into the scope of the scheme, so that we can have equality of arms and ensure that justice prevails, which is, after all, what we all seek to achieve.
Question put and agreed to.
Resolved,
That this House has considered the scope of the Unduly Lenient Sentence scheme.
Oral Answers to Questions
Gareth Johnson Excerpts(4 years, 10 months ago)
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Wendy Morton
I think it is fair to say that I have been setting out some of the action points that we are taking forward. We have had the post-implementation review of LASPO, and are looking at various means of legal support to help with social welfare issues. We could not be clearer that we support legal aid and legal support for those who need it, and we will continue to do so.
Gareth Johnson (Dartford) (Con)
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
I pay tribute to my hon. Friend the Member for Dartford (Gareth Johnson) for his tireless campaigning for victims over the years. Partly as a consequence of his campaigning, the unduly lenient sentence scheme was expanded in November to cover 14 more offences, including child sexual offending, stalking and harassment, in order to ensure that the victims of those crimes have a right of appeal if they feel that the sentence handed down by the judge is unduly lenient. I would urge any victim who feels that that is the case for a qualifying sentence to avail themselves of the ULS scheme.
Gareth Johnson
Nobody has done more to widen the scope of the unduly lenient sentence scheme than the Secretary of State. However, may I ask the Minister to continue expanding the scheme? There is currently no ability to appeal against ridiculously lenient sentences for offences such as burglary, possession of a knife, actual bodily harm, and even for rape when dealt with in a youth court. Surely we owe it to the victims of crime to give them a right to an appropriate sentence.
Chris Philp
I wholly agree with the sentiment that my hon. Friend is expressing. Let me reassure him on the question of rape defendants in the youth court. If the judge feels that the crime is sufficiently grave and merits a sentence of more than two years, they can move the case to the Crown court, where it is then eligible for the unduly lenient sentence scheme. In the past few years, the number of referrals under the ULS scheme has increased significantly. In 2018, 1,066 cases were referred to the Attorney General, who passed 140 on to the Court of Appeal; the sentence was increased in 99 of those cases. We keep the ULS scheme under continual review and will certainly consider very carefully my hon. Friend’s representations about its scope.