Marriage and Religious Weddings

Debate between Lord Keen of Elie and Lord Dholakia

Tuesday 30th June 2020 Lords Chamber

[Lord Keen of Elie]

The major obstacle is the fundamental difference between the law of marriage in Scotland and that in England. The law of marriage in England and Wales, as determined since Lord Hardwicke’s Act, depends upon the place of celebration as well as the celebrant. That is not the position in Scotland, where it is not necessary to identify the location for the marriage ceremony.

[Lord Dholakia (LD) [V]]

My Lords, is there any evidence of girls being married before reaching the legal age at which marriage is permissible, particularly during the Covid emergency of recent times, and is the situation regularly monitored here and abroad to ensure that this does not happen to girls settled in the United Kingdom?

Prison Sentences

Debate between Lord Keen of Elie and Lord Dholakia

Monday 29th June 2020 Lords Chamber

[Lord Keen of Elie]

The noble Lord makes a very good point. Of adults sentenced to six months custody or less, about 84% have previously received a community order, and, indeed, a very large proportion of those have received repeated community orders before finally the court has imposed a custodial sentence. I also acknowledge the noble Lord’s point regarding community sentences. That is one of the things our imminent White Paper is going to do, and we will seek to make community sentences tougher, for example through longer curfews and more hours of unpaid work. We are also, of course, developing the whole area of GPS monitoring with regard to community sentences.

[Lord Dholakia (LD) [V]]

My Lords, the pandemic has once again focused attention on short-term sentences or their abolition in favour of community-based penalties. As of 29 May 2020, according to the Library Note, only 95 prisoners have been released under the End of Custody Temporary Release scheme, commonly referred to as ECTR. To what does the Minister attribute the higher sentencing tariff in our courts, and could the Sentencing Council be asked look again at the way judges are using the sentencing tariffs?

[Lord Keen of Elie]

We consider that the independent judiciary should be in a position to impose the sentence they consider appropriate in an individual case. Releases under the early release scheme have of course been done on an individual basis and in addition, female prisoners have been released under the scheme—pregnant prisoners and those in mother and baby units. According to my figures, as of 22 June a total of 23 women had been released under that scheme.

Royal Commission on Criminal Justice

Debate between Lord Keen of Elie and Lord Dholakia

Wednesday 3rd June 2020 Lords Chamber

[Lord Keen of Elie]

The senior judiciary has been looking at the ability to carry on criminal trials and work in the criminal justice system remotely, and implementing measures to that effect. We hope that these will be developed in the immediate future.

[Lord Dholakia (LD)]

My Lords, I declare my interest as a trustee of the Police Foundation, which has undertaken a strategic review of policing under the chairmanship of Sir Michael Barber. It is expected that a major report dealing with the current and future challenges facing policing will be published in July. Will the Minister advise the royal commission to seek an early meeting with this review body so that the duplication of work can be avoided and an early report on policing produced?

[Lord Keen of Elie]

It is clearly intended that prosecution should be part of the royal commission’s mandate, and clearly the commission, once established, will invite contributions from all interested parties, so I am confident that the police will have ample opportunity to address the commission on the issues referred to.