Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Paul Maynard

Tuesday 13th December 2011 Commons Chamber

[Mr Clarke]

That is an option. Of course, as I say, offences provoked by prejudice against disabled people are regarded as hate crimes and this is an aggravating feature in sentences, but we are examining the whole area. We have to make sure that we do not overcomplicate sentencing, because if we keep thinking of things that make the most serious offences even more serious, we threaten the consistency that has been described. However, the right hon. Gentleman makes an important point and we are reviewing this field in the light of the report we have received.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

Will the Secretary of State examine the possibility of extending the concept of disability hate crime to include disability by association, thereby bringing the concept into line with the other measures in the Equality Act 2010? If he does not do that, cases such as that of Fiona Pilkington will not count as disability hate crime as she herself was not disabled.

[Mr Clarke]

I shall consider that point in the course of the work we are doing at the moment, but I do not want to encourage my hon. Friend too far because overcomplicating this does not necessarily help. What is important is that sentences should be allowed to reflect, in the most appropriate and consistent way, the disgust that the ordinary public feel when a crime is motivated by prejudice against a disabled person. It does make a crime even more serious than it would otherwise be.

Sentencing Reform/Legal Aid

Debate between Lord Clarke of Nottingham and Paul Maynard

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

I will take back to my ministerial colleagues the fact that several respected Members have made that point quite strongly in the course of these exchanges. We are discussing it, and we know that we have to respond to it. On the question of which Department will eventually announce the outcome, I am not quite sure, because several Departments are involved, but we are all seeking to find a solution to it.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

The Howard League for Penal Reform’s recent report on short sentences makes it clear that one reason for the devastatingly high level of reoffending after sentences of under six months is a lack of adequate resettlement support for those leaving prison. In retaining shorter sentences, will the Secretary of State reassure me that more will be done to ensure that such prisoners are helped to have a useful and purposeful life after leaving prison?

[Mr Clarke]

I agree with my hon. Friend’s analysis. The reoffending rates are very bad for short-term offenders because they are often let out again without the follow-up that is given to more serious criminals. Of course, the problem is that one cannot simply extend the sentence. Short-term sentences remain suitable for some people. Indeed, some people do not really need help but would benefit from being put in prison—for example, uninsured drivers, about whom I was talking earlier today. People who are otherwise respectable and take no notice of the law by driving while uninsured will soon take notice if they are given a short prison sentence. They do not require rehabilitation when they are released; most will almost certainly not drive without insurance again. As for the others, we are where we are. Some people leave the magistrates no alternative because everything else has been tried and they keep offending. If we could get stronger community sentences and make them more magistrate-friendly, some of the people about whom my hon. Friend is concerned might be put on to a more constructive path that will help them to stop offending.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Paul Maynard

Tuesday 29th March 2011 Commons Chamber

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

A report last year from the Prison Reform Trust found that children with developmental disorders were being processed through the criminal justice system without their having much understanding of what was happening to them. As a consequence, they were more likely to have a custodial sentence imposed upon them than those who were more articulate and more able to defend themselves. Does the Secretary of State believe that that situation exists, and if so, how does he propose to remedy it?

[Mr Clarke]

I certainly agree that that is a very serious problem, and we intend to address it. I had a meeting yesterday evening with the Prison Reform Trust, the Women’s Institute and my right hon. Friend the Health Secretary. Our two Departments, together with the Courts Service, the police and the Crown Prosecution Service, hope to set up diversion route services for those who in fact require treatment for mental illness. Often, those people should be diverted out of the prison system and the criminal justice system altogether, both for their good and the good of society.

Prison is often not a suitable place in which to treat mental illness. I am told that no fewer than 3,000 prisoners appear to be in prison largely because that is the most convenient place to hold them while attempts are made to get them care and treatment for their condition.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Paul Maynard

Tuesday 15th February 2011 Commons Chamber

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

Does the Secretary of State agree that increasing the number of people in our prisons should not be an end of Government policy in itself, but rather that the prison population should reflect the number of indictable crimes committed?

[Mr Clarke]

I entirely agree with my hon. Friend, although determining how many prisoners we should have can become a completely false argument, as that is determined in any event by the courts reacting to the level of crime and proposing appropriate sentences. We are determined to use prisons so that not only do they punish the offender, but, where possible, we can increase the number of offenders who are persuaded to give up crime when released and cease to offend thereafter, which will reduce the number of victims. I think that the approach taken by the Under-Secretary of State, my hon. Friend the Member for Reigate (Mr Blunt), is the common-sense approach and in the public interest.

Rehabilitation and Sentencing

Debate between Lord Clarke of Nottingham and Paul Maynard

Tuesday 7th December 2010 Commons Chamber

[Mr Clarke]

With great respect, I am obviously being particularly obscure today, because I agree with the hon. Gentleman; indeed, I was saying precisely the opposite of what he described. We have spent the last 10 years or so believing that sections of statute—some of which read rather like local government circulars—are required in order to tell the judges what to do in individual cases, and that we should prescribe exactly what they do, according to some careful analysis. The judges complain like mad about the incomprehensibility of the legislation they are supposed to be applying. I firmly agree with the hon. Gentleman that, by and large, judges are in the best position to judge the appropriate way of dealing with each case and each offender, just as juries are the right people to decide guilt or innocence in serious cases. Parliament must stop trying to second-guess and introduce rules that we believe, with the best of intentions, cover all cases but which will not cover the absolutely amazing variety of circumstances that tend to accompany any particular category of crime.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

I congratulate the Secretary of State on avoiding the siren calls of populism that I have been so disappointed to hear on both sides of the House today. Will he reassure me that when a prisoner is in prison, not only does he have a duty to make reparations but the state also has a duty, to offer him the opportunity of redemption, so that when he leaves that place of incarceration he has a chance to lead a useful and meaningful life—a life that is not reduced to one of stigmatisation or described, as I heard from the Opposition Benches, as that of a prisoner on the streets?

[Mr Clarke]

I agree with my hon. Friend entirely. We should give those who have the backbone to go straight, with help, a chance to do so because that will protect the public. Those who do not, and who commit crime again, will be punished again. It is just hopeless to suggest that giving extra emphasis to reforming criminals who want to be reformed is somehow weakening in the context of law and order; it is not. It would improve the protection of the public if we did it, and, as my hon. Friend says, it is a perfectly sensible way for a civilised state to behave.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Paul Maynard

Tuesday 19th October 2010 Commons Chamber

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

I would like to point out that we recently launched the new legal ombudsman scheme on 6 October 2010. The legal ombudsman, established under the Legal Services Act 2007, will act as a one-stop shop for all complaints against legal service providers. The new scheme replaces the previous complaints-handling regime, whereby service complaints about lawyers were dealt with by their regulatory body. The legal ombudsman will preside over the new complaints system, which will be efficient, easily understandable for consumers, and clearly independent from the legal profession.

[Paul Maynard]

I recently received a letter from a constituent who in 2000 received a three-year custodial sentence for a non-violent crime. Despite successful rehabilitation and gainful employment, he now discovers that his conviction can never be legally spent—with a dreadful impact on the future lives of both himself and his family. Given the Lord Chancellor’s enthusiasm for rehabilitation, and also the inflation in sentencing over the past 10 years, will he commit to look again at the threshold at which convictions can be legally spent?