Sentencing

Philip Davies Excerpts

Thursday 2nd November 2017 Commons Chamber

[Mr Lidington]

I would have thought that the act of depriving someone of his or her liberty when they are sentenced to custody by definition deprives them of some absolutely vital civic rights. What we have announced today is a sensible and constructive way forward that we believe complies with the requirements on us under international law, and the Hirst judgment in particular, but does so in a way that respects the view repeatedly come to by this House.

[Philip Davies (Shipley) (Con)]

The Secretary of State knows that I think giving the vote to any prisoners is idiotic, unjustifiable and about as popular with the general public as finding a rattlesnake in a lucky dip. As he has made great play of the rule of law, he must know that the European Court of Human Rights went way beyond what is in the convention when it made this ruling, so he might want to remind it of the obligations under the rule of the law, which are to stick to what is in the convention. It seems from his statement that he is putting the rulings of unelected, unaccountable pseudo-judges, many of whom are not even proper judges in their own country, above the views of the British public and the British Parliament. Will he at least have the courtesy to put this to a vote of this House, to make sure that what he proposes has the consent of the British Parliament?

[Mr Lidington]

We are not proposing any change in the law, as I have already said. The commitment to stay within the European convention on human rights, which includes the jurisdiction of the European Court of Human Rights, was in the party manifesto on which both my hon. Friend and I stood earlier this year. I do, however, agree with him that it is important to look for ways in which to respect and enlarge the margin of appreciation allowed to individual member states in interpreting the duties under the convention in the light of their national constitutional and legal traditions. We made a significant step forward when the UK held the chair of the Council of Europe and with the Brighton declaration negotiated by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). In taking the Brighton declaration forward and seeking to implement protocol 15, I would hope that we can count on the support of my hon. Friend.

Oral Answers to Questions

Philip Davies Excerpts

Tuesday 31st October 2017 Commons Chamber

[Mr Lidington]

These are not in fact new powers; they have been in use across the country for many years. They apply to arrests relating to debt and community penalty breaches, and they must follow the issue of a warrant of arrest from the criminal courts. Any use of these powers is overseen by Her Majesty’s Courts and Tribunals Service.

[Philip Davies (Shipley) (Con)]

Following the triumph of the Conservative manifesto at the election, may I congratulate the Lord Chancellor on finding another half-baked and unpopular policy to put before the electorate: giving prisoners the vote? Will he acknowledge that nobody is taking the vote away from prisoners—they are taking it away from themselves? If voting is so important to them, perhaps they should not commit the crimes that lead to them being sent to prison in the first place. I urge him to reject this ridiculous policy, which goes down like a lead balloon with the electorate.

[Mr Lidington]

The Government are preparing their position ahead of the December meeting of the Committee of Ministers of the Council of Europe. We will announce any changes in our position to Parliament in the usual way.

Prisons Policy/HMP Long Lartin

Philip Davies Excerpts

Thursday 12th October 2017 Commons Chamber

[Mr Gyimah]

That is a very interesting question. As a former Minister, the right hon. Gentleman will be aware that it is not for the Minister to pronounce on sentencing policy at the Dispatch Box. Of course, we want to reduce the prison population, but one of the best ways to do that is to reduce reoffending rates and to end the conveyor belt into crime by intervening before people end up in custody. That is more effective than arbitrarily letting people out of prison.

[Philip Davies (Shipley) (Con)]

If the Minister wants a zero-tolerance approach, may I suggest he change the law so that anybody involved in riots in prisons or assaults or attacks on prison officers is no longer eligible for early release but has to serve the full sentence handed down by the courts? That would give prison officers some of the support they deserve and would perhaps act as a deterrent to these appalling kinds of behaviour.

[Mr Gyimah]

My hon. Friend has asked this question of me a number of times. He will be aware that a prisoner who is a perpetrator of a crime in prison will be prosecuted for that specific crime and, if convicted, will serve that sentence, and that has certainly happened in the case of the perpetrators of the Birmingham riots last year. That is a fair and just way to deal with this kind of situation.