Criminal Law

Imran Hussain Excerpts

Tuesday 28th January 2020 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I want to deal first with the second measure to which the Minister referred, the Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations 2019, which is a technical instrument to ensure that the measures in the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 will extend to those serving consecutive sentences. It amends what would effectively be an inconsistency in sentencing, and we will not oppose it.

I turn to the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019, which will probably be the main subject of our debate. The Government’s stated objectives for the order—to increase public safety and public confidence in the sentencing regime—are ones that the Opposition fully share. I am sure that there is absolute agreement across the House with the principle that serious and dangerous offenders who pose a risk to the public must serve sentences that reflect the severity of their crimes and keep the public safe. On that basis, we will not oppose the order, but we have some issues.

The Government have not demonstrated why this change is the best way to protect the public. On the evidence that we have been presented with so far, we feel that the case for supporting this order has not been made. This Government have been in power for almost 10 years, and over those 10 years, if they had possessed the desire or drive to increase the public’s confidence in the sentencing regime, and, most importantly, to protect the public, they could have taken action to do that.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The hon. Gentleman is talking about reoffending rates. May I remind him that the reoffending rate for young males under the last Labour Government was 70%?

[Imran Hussain]

I am grateful to the hon. Lady for her intervention, but the fact of the matter is that in the last 10 years, this Government have enacted policies that at best ignore the impact on public safety, and at worst actively undermine it. Cuts to the police service have led to frontline police officer numbers being slashed and to forces being under-resourced elsewhere. My police force in West Yorkshire has had its budget cut by £140 million since 2010. We have seen cuts to the Prison Service; prison officer numbers have fallen by a quarter between 2010 and 2015, which has left many of our prisons—including high-security prisons—being staffed by inexperienced officers. We have seen an ill-advised decision to break up the probation service, with catastrophic consequences—something that the whole House now accepts—and just days ago, we were found to be leaving the public less safe as a result of under-staffing and overloading with casework.

Prosecution and conviction rates for serious offences have stalled. That has been driven by these cuts to important services that work to keep reoffending down and the public safe. Most alarmingly, prosecution and conviction rates for the offence of rape have fallen by 32% and 26% respectively in a year, creating a situation that women’s groups say effectively amounts to the decriminalisation of rape. Reoffending rates across the whole range of offences remain stubbornly high, with proven reoffending rates for sexual offences fluctuating at about 14% between 2006-07 and 2016-17. The figures for violence against the person offences have increased from 20% to 26%.

Under this Government, the public are less safe. Faced with such a record, we and the public should rightly be sceptical when the Government talk about cutting crime and keeping the public safe. To try to correct their abysmal record and create an impression that they are tough on crime, the Government have brought forward this order, but even they know that it will not be enough to overturn the problems that they have created. Taken on its own, it will increase neither public confidence nor public safety, and it is far from the silver bullet that the Prime Minister would like to praise it as being.

Throughout this process, the Government have consistently failed to make the case for the order and its implementation. As their own impact assessment and explanatory note point out, judges already have powers akin to the ones set out in this order for dangerous offenders. They have the ability to hand down extended determinate sentences, which not only require an offender to serve longer in custody, but are subject to the double lock of the requirement that the parole board be satisfied the offender is no longer a danger to the public before they are released. Conveniently for the Government, however, Ministers seem to have been remiss in telling the public about that when talking about the action they are taking.

Instead of the Government bringing in such measures without properly making the case for them, and without showing evidence that supports their proposal, they should get serious and tell us how they will reduce the rampant overcrowding and violence in our prisons; how they will increase the quality and availability of real, purposeful activity both in prisons and in the community; how they will deliver an effective probation service that is not hampered by the Government’s failed privatisation agenda, which has proven so disastrous; and for non-violent and non-sexual offenders, how they will deal with the number of ineffective super-short sentences that their own evidence, in the report the Ministry of Justice published last year, shows lead to more people becoming victims of crime than if effective alternatives were used. The Minister accepted that earlier.

[James Daly (Bury North) (Con)]

Does the hon. Member agree that letting violent and sexual offenders back on the streets after they have served just half their sentence is clearly letting victims down?

[Imran Hussain]

Let me remind the hon. Gentleman that I made it absolutely clear at the beginning that we are in full agreement that serious and dangerous offenders who pose a risk to the public must serve sentences that reflect the severity of their crimes and keep the public safe. The point we are making—I will go on to make it, if the hon. Gentleman will allow me—is that this is a missed opportunity. Quite frankly, there are so many underlying issues that are not being addressed, and as I have said, the order will not single-handedly achieve the objectives mentioned.

We are concerned about the additional pressures that the order will place on an already overstretched Prison and Probation Service. That point was made by the hon. Member for Cheltenham (Alex Chalk), who does not appear to be in his place now, but is a learned Member and comes with some experience. The probation service, without sufficient places or staff, will be forced to do the same level of rehabilitative work with offenders after their release, but in the shorter time before the end of their licence period.

The Government have not made the case for this order. To do so, they could have brought forward a comprehensive plan to deal with the additional burden the order will place on our already overstretched Prison and Probation Service—evidence shows that is the most effective way to protect the public—but they did not. We urge the Government to look into and address these issues, and to ensure that prisons have the investment and support they need to meet the needs of their existing population.

The Government must also ensure that the forthcoming changes to the probation service see it better funded and better supported, so it can return to being the award-winning service, protecting the public, that it was before the Conservative party made the disastrous decision to break up and part-privatise probation. The Government must ensure that the Parole Board is sufficiently respected and resourced to deal with release decisions for the most serious offenders and keep the public safe.

This order is ultimately a missed opportunity for the Government. It is a missed opportunity to bring forward a comprehensive and evidence-led sentencing reform package that would make the changes necessary to reduce the number of victims of crime, and to begin to allow the public to regain confidence in our crumbling justice system.

[Brendan Clarke-Smith (Bassetlaw) (Con)]

Will the hon. Gentleman give way?

--- Later in debate ---

[Imran Hussain]

I am just concluding now; the hon. Gentleman has missed his chance to intervene.

This order is also a missed opportunity to set out measures that will increase public safety, such as boosting the resources available to the probation service, retaining experienced prison officers and returning our prisons to safe staffing levels, and increasing the availability of real, purposeful activity and rehabilitation programmes in prison and in the community. Instead, we see this piece- meal, headline-seeking approach from the Government, which does not address the crisis in our justice system.

Fundamentally, the Government have failed properly to make the case for this order, by failing to demonstrate that it is the most effective way to keep the public safe and protect victims of crime. We will therefore not support the order this afternoon.

[Several hon. Members rose—]

Assisted Dying Law

Imran Hussain Excerpts

Thursday 23rd January 2020 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

It is, of course, a pleasure to serve under your chairmanship, Sir Graham. I thank the hon. Member for Edinburgh West (Christine Jardine) for securing this very important debate. Although I may not personally agree with her conclusion, as many of us across the House do not, I must credit her with having set out a passionate and robust case, both this afternoon and in her recent article.

I thank other hon. Members for attending—certainly, for a Thursday afternoon, this is probably one of the largest attendances I have seen in this Chamber—and for their own moving and thought-provoking contributions. We have heard many moving and personal accounts. Many of our thoughts and beliefs, and much of what drives our opinions, on this important topic come from our own personal experiences and stories. In this debate and the debate last year, hon. Members spoke powerfully of friends and family members at the end of their lives, or of constituents at the end of theirs. Bound together with our mortality and the fact that some day each of us here will pass on, hoping to do so as peacefully as possible, those experiences are what make this such a personal and hard-hitting issue.

Across the Opposition, across the Chamber and indeed across the country, as we have heard, we are split on the issue of assisted dying, with clear arguments advocated on either side of the divide. For those advocating a change in the law on assisted dying, important and pertinent points have been made by hon. Members on both sides of the House.

Time does not permit me to go through contributions from each hon. Member, but one of the first arguments put forward is that of personal liberty—that relaxing the law would grant an individual control over their own death when it would otherwise be cruelly taken away from them by a terminal illness; and that it would allow them to end what is often incredible suffering, which leaves them with little to no quality of life and forces others to watch helplessly, witnessing the decline of their friend or relative right in front of them. We have heard some very personal experiences of that here today.

The argument that to legalise assisted dying would also spare loved ones the fear of conviction for their compassion, as we have seen with a number of cases such as those of Zoë Marley and Mavis Eccleston, has also been put forward. It will continue to be, for I doubt whether anyone here, regardless of what our views may be, really wants to see an elderly grandmother or others prosecuted for honest acts of compassion. That is joined by an argument that adequate safeguards could be applied to prevent abuses of the process and protect vulnerable people, with several examples of countries and states that have legalised assisted dying put forward as a model for the UK to copy.

However, for every argument made in favour of relaxing the law on assisted dying, a counter-argument is advanced, as it has been by hon. Members in this and previous debates. Those who oppose change point out that legalising assisted dying could lead to an abuse of the system and to pressure being applied, even unintentionally, to those suffering from terminal illness. They may feel that they are, or will become, a burden on their friends, family and carers, leaving them, in their eyes, with no real choice but to end their own life in a selfless act to spare others. That point was made by a number of hon. Members.

Hon. Members also raised the point that to relax the law on assisted dying now would slowly allow an escalation in what is allowed, creating a slippery slope whereby the eventual outcomes are far beyond the reality originally imagined by those who advocate for change. They argued that assisted dying would put immense pressure and stress on doctors and families, and even on individuals themselves.

[Karin Smyth]

Some of the phrases that my hon. Friend has used are used across the world, although there is no evidence for many of those things—for example, that there is a “slippery slope”. Does that not reinforce the idea that, whatever people think, if we can persuade the Government to look at the call for evidence, we can air these issues publicly and get the real evidence in a process that the public, and all who participate in such care, can recognise as rigorous? That call for evidence is the real thing we should be focusing on.

[Imran Hussain]

I thank my hon. Friend for being a strong and passionate advocate in this area. I think the whole House will acknowledge her work on this subject. A call for further evidence or an independent inquiry can only be of assistance to the broader debate. We cannot forget that the ethical and practical issues, and the threat of a slippery slope, have left even medical professionals reluctant to back any changes to the existing legislation on assisted dying.

Despite the clearly differing views in the House and in society, we are united on the principle that everyone should be able to pass on in peace, surrounded by family, friends and fond memories. That brings me to palliative and end-of-life care for those with terminal conditions, for at the heart of this debate is the matter of dignity. Indeed, much of the argument in favour of assisted dying is about the real fear faced by those approaching the end of their lives that they will lose control, that they will have their dignity taken away from them and that they will suffer in pain in their final days, weeks and months.

Sadly, for too many, that fear becomes a reality as insufficient palliative and end-of-life care, too much variation in practice and poor management of symptoms leave those who are at the end of their lives, and their friends and families, suffering unnecessarily. As I pointed out last year, the Institute for Public Policy Research found that there was considerable scope to improve the way that care is designed and delivered for those reaching the end of their lives, and that the experience faced by such people can still be poor, with medical and care staff sometimes failing to recognise that people are dying and failing to respond to their needs appropriately.

The IPPR also found that too few people were offered the opportunity to end their lives in the comfort of their own home, surrounded by their friends and family, and not in a hospital, surrounded by strangers fighting for every last breath. While talking about the pros and cons of relaxing the law on assisted dying—the arguments for and against—we must talk more about how palliative and end-of-life care is not nearly as good as it should be, and how that drives so many people to consider taking their own lives.

Time not permitting, I will sum up. I firmly agree—this is probably not a statement I will make often—with the Minister for Health, the hon. Member for Charnwood (Edward Argar), who stated in response to questions in a previous debate on this issue that this is a matter of conscience and must be decided by Parliament. Of course, as my hon. Friend the Member for Bristol South (Karin Smyth) indicated, for a matter to be considered properly, we must be properly informed and have as much information as possible.

I outlined my personal view at the beginning of this speech, and I believe that this is a matter of conscience that must be decided by the whole of Parliament. However, I hope that we can address some of the real issues at the heart of the debate—insufficient palliative and end-of-life care, and allowing those who are reaching the end of their lives to die peacefully and painlessly.