Criminal Justice and Courts Bill

Debate between Lord Beith and Sadiq Khan

Monday 24th February 2014 Commons Chamber

[Sadiq Khan (Tooting) (Lab)]

Let us be frank: this Bill has come from nowhere. If the Government really wanted a new justice Bill, the obvious place to trail it would be in the imminent Queen’s Speech, not today with a Second Reading towards the dreg ends of this parliamentary Session. So what is going on? With 15 months to go until the general election, experienced heads around Parliament say that it has never been so quiet.

We know the old saying that the devil makes work for idle hands. Recent weeks have certainly shown that to be the case, with the Government suffering a number of troubling episodes with their own Back Benchers, perhaps in no small part because the thin legislative programme leaves their own sides twiddling their thumbs. Nature abhors a vacuum; so too does Parliament. Disquiet, plotting and rebellions tie the Government in knots, leading to the absurd situation in which the Opposition had to step in and vote down a Tory Back-Bench amendment on the Government’s own Immigration Bill—an amendment that broke the rule of law—while the Conservative majority in the coalition sat on their hands. Has anyone heard of anything so pathetic? We have a governing party that could not even vote in favour of its own Bill, and a Lord Chancellor who swears an oath to uphold the law but who could not even bring himself to vote for that rule of law.

We can guess what happened. The Prime Minister had probably sent out a desperate memo, pleading with Cabinet colleagues to bring forward legislation—any legislation—to fill the pitiful gap in parliamentary schedules and to keep Tory Back Benchers happy and busy. Who was the only willing and eager star pupil to respond? Who was as keen as mustard to be top of the class? Yes, it was the Justice Secretary. I can see his response to the Prime Minister. It would start, “Dear Dave”. I appreciate that that is not parliamentary etiquette, but he is known as the “Call me Dave” Prime Minister.

The letter would go on, “I read your memo, begging for legislation to make it look like this Government are doing something, and also to keep those pesky, ungrateful Back Benchers happy. I know they hold you responsible for not winning the last general election. I am only too willing, Dave, to rush forward some legislation. It is a bit of a Christmas tree Bill, but it does mean that we can shove on as many baubles as we want. After all, the more tabloid friendly stuff might keep UKIP off our backs, along with those ungrateful Back Benchers of yours. Yours sincerely, Chris.”

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

rose—

[Sadiq Khan]

I give way to the Chair of the Justice Committee.

[Sir Alan Beith]

Does the right hon. Gentleman see real benefit in returning to the days of a Labour Government when there was a criminal justice Bill every year—sometimes there were two—that often repealed a previous Bill and was often not brought into force?

[Sadiq Khan]

I am really pleased that the right hon. Gentleman asked that question. This is the third justice Bill of this Session. Two of the Bills have not yet received Royal Assent, and the Government are having a third bite of the cherry. Furthermore, the Justice Secretary tried to rewrite history. During our 13 years in government, crime did not go down by 5%, 10% or even by 20%; it went down by 43%, and that was according to independent statistics and not to dodgy figures that the Justice Secretary likes to rely on.

This latest criminal justice Bill is having its Second Reading before either of the other criminal justice Bills —the Anti-social Behaviour, Crime and Policing Bill and the Offender Rehabilitation Bill—that the Chair of the Select Committee was so keen to support have even received Royal Assent. Talk about desperation! The Select Committee Chairman should listen. We know the Government are in a mess when they bring in new laws to amend laws that they passed only a year ago, as some parts of this Bill seek to do. That is the mess this Government are in, and that is the shambolic way they are running our justice system.

I will not go through every one of the Bill’s 63 clauses, but I want to make myself clear. There are some elements of this Bill we support, some need further work and there are some we downright oppose. In part 1 of the Bill, the Government attempt to make up for the error they made when they abolished indeterminate sentences for public protection. I know that the hon. Member for Shipley (Philip Davies) feels strongly about that. They cannot admit they got it wrong and do a 180° U-turn, so they are doing a partial U-turn by bringing in a raft of new sentence proposals

Of course we support keeping the public safe from the most serious and violent criminals. That is why we opposed the right hon. and learned Member for Rushcliffe (Mr Clarke), the previous Justice Secretary, when he removed from judges the power to make IPPs to protect the public. To be fair to the current Justice Secretary, he would never have countenanced abolishing that power, but he cannot admit that because he voted for its abolition. We therefore have clause 3 and schedule 15 eligibility for life sentences and extended determinant sentences to try to address the mistakes of the Legal Aid, Sentences and Punishment of Offenders Act 2012.

Giving the Parole Board a say in whether some of the most serious criminals should be released at half time or when they reach two thirds of their sentence is no substitute for judges having the power when sentencing to impose an indeterminate sentence to protect the public. That will give the Parole Board an extra work load, yet I bet that the Justice Secretary cannot tell the House what extra resources he will give it to do its job properly. Silence. The Ministry of Justice’s impact assessment estimates that there will be at least an extra 1,100 parole hearings owing to the Bill. If all the supplementary work involved is added, there will be a huge addition to the Parole Board’s work load. How will that be resourced? Silence.

Surely even this Justice Secretary understands that a poorly resourced Parole Board making the wrong decisions about whether to release someone is as bad as automatic release. Wrong decisions made by the Parole Board because of an overburdened and stretched staff help no one; nor do delays in getting a hearing because of a backlog. There are problems and delays in prisoners getting the courses and treatments that they need as part of their sentencing plans and delays in getting a parole hearing, but let us imagine what the future holds.

Increasing the maximum for a handful of offences still leaves many offences uncovered that would have previously allowed a judge to give a more appropriate sentence to protect the public. By the way, although we do not oppose them, let us be clear that the provisions to increase the maximum life sentences for certain terrorism-related offences look tough, but the Ministry of Justice impact assessment confirms that this is a classic con trick. Do hon. Members know how many offenders were convicted in 2013 for the offences of either weapons training for terrorist purposes or training for terrorism? None. What about 2012? None. This new toughness will affect no one. None of those offences is being brought before the courts, so there is no one to punish and no one to deter. I wonder how the Justice Secretary intends to measure the impact of the change. He does not know. This is all about appearing to look tough.

Offender Rehabilitation Bill [Lords]

Debate between Lord Beith and Sadiq Khan

Monday 11th November 2013 Commons Chamber

[Sir Alan Beith]

I think I have made myself clear about what view the House would take if a company that was the subject of a serious fraud inquiry were to be awarded a bid in those circumstances. I do not think Ministers are in any doubt on that point.

My point about the market was generally much wider because we must take proper account of whether the Department has the capacity to manage that market. Indeed, it has been said on at least one occasion that the Department wants to draw new entrants into the market and cultivate new capacity, but has it got the capacity to do that? We must consider that important question.

On finance and timing, the Government have not made publicly available any assessment of the financial risk of not delivering the programme to the agreed time scale, quality or cost. The risk register apparently suggests there is a 51% to 80% risk that the reforms will fail to deliver the promised scale of savings.

[Sadiq Khan]

Will the right hon. Gentleman ask to see the risk register from the Ministry of Justice, bearing in mind the important report he is preparing?

[Sir Alan Beith]

We may do, but I expect to get the same answer as we would have got from the previous Government.

--- Later in debate ---

[Sadiq Khan]

rose—

[Sir Alan Beith]

I think the right hon. Gentleman has made his point and I have given my response. The Ministry of Justice has not provided an indication of how much it would additionally need to save to afford the cost of implementing the proposals, or said how quickly those savings would be realised. That puts my Committee in a difficult position when assessing the viability of the proposals.

There are also difficulties of risk management. The public probation service will have to assure itself about the risk management of up to 200,000 offenders for whom it has no direct responsibility, and we will need to ask many questions about how information will be passed between the public probation service, the police, and private sector providers. At the moment, transfer of information is relatively easy, but under the proposed arrangements it will become more complex and difficult. I hope the Minister will say something about that. That also affects other areas. I had a discussion with a victim liaison officer who is concerned about how far information of the kind she is able to get now will flow when reassuring victims about restrictions being placed on an offender, and whether that information will come so readily through the system the Government propose.

There are key confidence issues about how the proposals can be made to work. There is a confidence issue for the police on sharing intelligence. If police officers feel inhibited about sharing intelligence with the provider of these vital services, the effectiveness of the whole process will be impaired. There is a confidence issue for magistrates when considering how they can rely on a community sentence—a significant part of the Bill is on community sentences. We want magistrates to be able to pass community sentences confident in the knowledge that they will be carried out effectively. There is a confidence issue for those who deal with victims and, currently, for probation office staff, who are uncertain as to where they will end up. If they take no definite action to locate themselves in the new system, will they finish up in the public probation service or the private sector? Which way should they go if they want the opportunity to exercise their skills?

Sentencing

Debate between Lord Beith and Sadiq Khan

Monday 23rd May 2011 Commons Chamber

[Sadiq Khan]

I can tell the hon. Gentleman exactly what the leader of my party believes. He thinks that it is inappropriate and offensive both to victims and our criminal justice system if all offenders are given a discount of up to 50% for pleading guilty at the earliest opportunity.

Further evidence that the Government are out of touch is provided by their Commissioner for Victims and Witnesses, Louise Casey, who has argued:

“A discount of 50% offends many victims, underplays the harm that may have been caused…and can seem to be placing administrative efficiency over justice.”

Campaign groups such as Justice and the Criminal Justice Alliance also oppose the policy. The judiciary have also been critical. Lord Justice Thomas, vice-president of the Queen’s bench division, and Lord Justice Goldring, senior presiding judge for England and Wales, have said that halving sentences because of guilty pleas will fail to reflect the seriousness of offences.

The Government’s policy on law and order is a mess. They just do not get it. Before the election, the Prime Minister made promise after promise to get elected. He promised to protect front-line services and he is now cutting 14,000 prison and probation staff. His Government are also cutting front-line police, which we will debate later this evening, and 23 specialist domestic violence courts are being closed. They promised a prison sentence for anyone caught in possession of a knife—that promise was broken. They promised honesty in sentencing and that they would introduce minimum and maximum sentences—those promises were broken.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

What did the right hon. Gentleman’s party leader mean when he said:

“When Ken Clarke says we need to look at short sentences because of high re-offending rates, I’m not going to say he’s soft on crime”?

Has that gone by the board?

[Sadiq Khan]

If only the Justice Secretary was investing in alternatives to short sentences and in some of the important, aggressive and intensive work that is required instead of cutting some of those services around the country. I hasten to add that the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) has voted for some of those cuts. When the Justice Secretary talks about rehabilitation and community sentences—real alternatives—he should invest in them, too.

Fixed-term Parliaments Bill

Debate between Lord Beith and Sadiq Khan

Tuesday 18th January 2011 Commons Chamber

[Sadiq Khan]

I welcome the hon. Gentleman to the debate and congratulate him on his recent honour.

I want to be clear that the criticism of the speed with which the legislation is being pushed through comes not from us alone. The Political and Constitutional Reform Committee, the Clerk of the House of Commons, Professor Robert Hazell of the constitution unit and other academic experts, and the House of Lords Constitution Committee have all criticised not only the Bill, but the way in which it is being rushed through without consideration for the consequences on our constitution, both intended and unintended.

May I deal with an important point at the outset? It has been said that the Bill needs to go through unchanged because it is part of the coalition agreement. The new politics means that we can forget about what people voted for, about manifestos and about the promises that were made before the election. The deal that was done means that the agreement that was reached after the election cannot be touched. However, the Bill no longer provides for a general election if 55% of hon. Members believe that one is needed, as was stated in the coalition agreement. The Deputy Prime Minister made an embarrassing U-turn on that issue, proving that the coalition agreement has no constitutional significance at all. I hope that the other place will pay heed to that.

Our major concern from the beginning has been that five years is simply too long for a fixed-term Parliament. We have argued throughout the scrutiny process for four-year terms. That not only compares well with other Parliaments, but provides a better fit with our current constitutional arrangements. Moreover, we have heard the concerns of our colleagues in Wales, Scotland and Northern Ireland about the short-term consequences of fixing Parliaments at five years. The potential clash with the Assembly elections in Wales and Northern Ireland and the parliamentary election in Scotland on 7 May 2015 shows a blatant disregard for those parts of the Union.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The right hon. Gentleman is keen to ascribe motives that were not present in the decision to make it five years. Will he give some indication of the thinking of the previous Prime Minister in deciding that the Parliament that has just ended should last five years?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Beith and Sadiq Khan

Monday 1st November 2010 Commons Chamber

[Sadiq Khan]

If the Minister is so confident in his arguments, why does he not allow the public to make objections and to have a local public inquiry, rather than a bureaucrat in a quango taking only written submissions before reaching a view? The Minister has to answer that question.

Another possible outcome of the proposed consultation is legal challenge by political parties, or local cross-party or apolitical campaign groups, such as Keep Cornwall Whole. Boundary commission decisions could be subject to judicial review. It is worth noting that only one judicial review resulted from the previous boundary review, but in evidence to the Political and Constitutional Reform Committee, Professor Ron Johnston, who is an expert on such matters, said:

“I can well see people using it”—

judicial review—as a means of addressing

“the issues that they think they are not able to address because they are not having public inquiries.”

Excluding those cases when the only change was the name of the constituency, in the fifth periodic review of boundaries 27% of English constituencies were altered by one degree or another following a public inquiry into commission recommendations. In many cases, those inquiries looked at the local ties of a particular village or town. Most of the participants were concerned about the integrity of their local constituency.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

What makes the right hon. Gentleman’s argument so unpersuasive to me is that when the people of Northumberland voted in a referendum not to replace their district councils with a single unitary authority, the Labour Government ignored the referendum, which they had organised.

[Sadiq Khan]

I am not sure what point the right hon. Gentleman is trying to make. We are talking about the abolition of local inquiries. In fact, his is an argument for more scrutiny and checks and balances at local level, with people giving evidence, rather than relying on written evidence in 12 weeks. If he feels that strongly, he should be embarrassed at how he will vote in an hour and a half.

It is noteworthy that Cornwall MPs tonight found their consciences when self-interest was involved, but for five days in Committee they were absent from the Division Lobby. It is also noteworthy that three Tory MPs were willing to vote in their own interests. The Opposition have been consistent throughout in saying that the Bill is wrong. It is wrong on the principle of losing public inquiries, but it is also wrong because as the Cornwall Members pointed out—there is compelling evidence—the remote communities in Cornwall previously managed to convince the commission to amend its proposals. Many of us believe that the attention given to such local issues is the strength of the current system. Here is the key point: in every single case in which the commission proposed an increase or decrease in the number of constituencies in an area, its initial proposals were amended following a public inquiry.

The hon. Member for Epping Forest mentioned citizens and asked why MPs cannot do their jobs. However, this is not about our jobs becoming more complicated, but about citizens and constituents having a right to have their views heard in a public inquiry. In many cases, including Derbyshire, Merseyside and north-west London, substantial changes were made to initial proposals, as in the Deputy Prime Minister’s city of Sheffield. His predecessor appeared at the inquiry and successfully argued for changes to the provisional recommendations. Many times, the commission commented in its report that the assistant commissioner’s recommendations improved as a consequence of a public inquiry.