Oral Answers to Questions

Debate between Alex Chalk and Dominic Raab

Thursday 25th October 2018 Commons Chamber

[Dominic Raab]

The Prime Minister and I have made the commitment to secure the rights of EU nationals here. We will set out the details very shortly, and we do expect the EU to reciprocate in relation to UK expats abroad.

[Alex Chalk (Cheltenham) (Con)]

T2. No deal will be damaging for both sides, so does my right hon. Friend agree that, in effect, to rule out supporting any agreement that the Prime Minister agrees with 27 other EU states on the basis of contrived tests puts politics before principle and does not serve the national interest?

[Dominic Raab]

It is a deeply irresponsible approach. I have to say that it is one that the Labour leadership have taken, but it is one that all Members on all sides might have to think about very carefully when we bring back a good deal from the EU.

Brexit Negotiations and No Deal Contingency Planning

Debate between Alex Chalk and Dominic Raab

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

I think that economic forecasts ought to be treated with a measure of caution, given their track record. I note that the hon. Gentleman always reduces any matter relating to Brexit to the Scottish National party’s blinkered, narrow political obsession with a referendum on independence, but I think that every part of the United Kingdom wants to see us strive to get the best possible deal, which will work for all corners of the UK.

[Alex Chalk (Cheltenham) (Con)]

It is encouraging that agreement has been reached to ensure that UK and EU nationals will continue to live broadly as before. Will my right hon. Friend encourage our European friends to publicise that progress? It is important to give British nationals the reassurance that they seek.

[Dominic Raab]

My hon. Friend is absolutely right. We have talked about that, and we have encouraged it. Of course we want to ensure not just that EU nationals whom we value and whom we want to stay feel secure in their position here, but that British expats are given the same treatment abroad.

EU Withdrawal Agreement: Legislation

Debate between Alex Chalk and Dominic Raab

Tuesday 24th July 2018 Commons Chamber

[Alex Chalk]

I welcome this White Paper and, in particular, the announcement of robust legal mechanisms to secure the rights of EU citizens who have done such an enormous job in the local economy and in the wider community of Cheltenham and elsewhere, but there are a million British citizens living overseas in the European Union. Will the Secretary of State provide a little more information on the steps he will be taking this summer to ensure that British citizens enjoy reciprocal and equivalent rights?

[Dominic Raab]

My hon. Friend is absolutely right. We want a very clear message for EU nationals in this country: we value them, we welcome them, and not only do we want them to stay but we are making provision to ensure they are secure in their rights. In relation to UK expats abroad, the withdrawal agreement will, in the same way as it does for EU nationals here, provide substantive rights. The Commission will perform the role of the monitoring authority, as set out in the White Paper, and of course it will be incumbent on each individual EU member state to make sure it provides direct access and redress in its courts, in the same way as we are doing in our courts for EU nationals.

Oral Answers to Questions

Debate between Alex Chalk and Dominic Raab

Tuesday 5th December 2017 Commons Chamber

[Dominic Raab]

There is a range of support for early legal help, as I have already detailed—£100 million of support—and that can be online or telephone support, but also representation. Since 2015 we have invested £5 million in the litigants in person strategy. There is a range of support available, but of course we can review this in the round through the review.

[Alex Chalk (Cheltenham) (Con)]

We are a nation of laws, but we must be one nation too, with access to justice for people from all backgrounds. Does my hon. Friend agree that, post the LASPO review, the most careful thought should be given to bolstering legal aid resources so that we can have early advice and assistance for all?

Dangerous Driving involving Death: Sentencing

Debate between Alex Chalk and Dominic Raab

Tuesday 17th October 2017 Westminster Hall

[The Minister of State, Ministry of Justice (Dominic Raab)]

It is a great pleasure, as ever, to speak under your doughty chairmanship, Mr Hollobone. I begin in the customary manner by congratulating the hon. Member for Cardiff West (Kevin Brennan) on securing this debate on sentencing for causing death by dangerous driving offences. I know that many colleagues here will have dealt with tragic cases in their constituencies; we have heard, movingly, of a couple of them. Those who have had that misfortune will know that reckless driving ruins lives and devastates families, whether the culprit is racing, talking on a mobile phone or under the influence of drugs or alcohol.

The hon. Gentleman has championed this cause tenaciously since the tragic case in the summer of 2016 in which Michael Wheeler and Melissa Pesticcio started a car chase that, as he described, left Sophie Taylor dead and her passenger Joshua Deguara seriously injured. I extend my deepest sympathies to Sophie’s mother Jackie, whom the hon. Member for Cardiff West described, and to Sophie’s wider family and friends. I cannot begin to imagine their loss. The technical and legal changes that we are making will not bring her back, but these reforms must try to deliver some reassurance and solace, through a greater sense that justice is being done. I also pay tribute to Joshua Deguara and his family, whose suffering has been immense. The case highlights the need for reform.

Thomas Crowther, QC, the Cardiff Crown court judge in the case of Sophie Taylor, said that

“that shattering of two families was completely avoidable. It was caused by…the self-righteous and jealous rage”

of the defendants, who were

“chasing her down to frighten her and teach her a lesson”.

The court sentenced Michael Wheeler to seven and a half years in prison and Melissa Pesticcio to six and a half years.

Such cases are far too common. The reforms that we have announced this week will come too late for the families of Kris Jarvis, John Morland and James Gilbey, to name the victims of just a few of the tragedies that have struck me as I have worked on proposals for reform. The hon. Members for St Helens South and Whiston (Ms Rimmer) and for Lewisham West and Penge (Ellie Reeves) gave moving accounts of tragedies in their constituencies; I pay tribute to them and extend my sympathies and condolences to the families. I appreciate the frustration and anguish that they must feel. I met Major Gilbey, James’s father, last week. It is right to pay tribute to his courage and strength, and to all the families who have campaigned for a change in the law. Numerous colleagues across the House have also raised cases with me and my predecessors at the Ministry of Justice.

We recognise that the law has too often prevented judges from handing down sufficiently long sentences for the very worst cases of dangerous driving, bearing in mind the severity of the harm and the anguish of the victims’ families. We have looked at the evidence, and now is the time to change the law. Although we cannot bring back lost loved ones, we can make sure that justice is done. Yesterday, we published our response to the consultation on driving offences and penalties relating to causing death and serious injury. The consultation, which closed earlier this year, received more than 9,000 submissions with different views on the offences and penalties. That shows the widespread public interest in reform and the concern about how the law has operated.

Based on the evidence, we propose three specific changes to the law. I hope the hon. Member for Cardiff West will welcome them, but I will also try to address his specific points. Even more importantly, I hope the changes will give the victims and the wider public a stronger sense that justice is being done. All three proposals received overwhelming support in the consultation.

First, we propose to increase the maximum penalty for causing death by dangerous driving from 14 years to life imprisonment. We want the courts to have additional powers to deal with the most serious cases in which life is lost. In 2016, the average sentence for causing death by dangerous driving was five years. In the last two years, three sentences of longer than 10 years have been imposed. That makes the case that those sentences are not attracting the level of seriousness that the hon. Member for Cardiff West and the Government think is due.

In answer to the hon. Gentleman, the point of the change is to send an unequivocal, crystal-clear message to the courts that they can and should impose a higher sentence—a life sentence—for the very worst cases. It is for the Sentencing Council to decide whether new guidelines are needed on this sentence or on any of the others that I will mention. He is right to mention that the ULS—unduly lenient sentences—scheme applies to those cases and that they will therefore be referred to the Court of Appeal if the Attorney General so decides. He rightly acknowledges that as politicians, we cannot and should not interfere with individual decision making, as opposed to the sentencing framework that applies in such cases.

In very serious cases in which there are multiple victims, in which the offender has previous convictions or in which their behaviour is particularly reckless and culpable—as in some of the cases described by the hon. Members for St Helens South and Whiston and for Lewisham West and Penge—offenders will face a maximum life sentence. The effect of that change is twofold. Offenders who receive a life sentence will serve a minimum period in prison and will be released only when the Parole Board considers it safe. For offenders who do not merit a life sentence, the court will have the power to impose a determinate sentence of any length. That will empower the courts to reflect the full severity of the worst offending and its devastating impact on victims and their families.

[Alex Chalk]

The Minister speaks about sending a powerful message. A powerful message is sent to the Sentencing Council too. Does he agree that for offences such as stalking, for which the maximum sentence has been doubled, that message has been reflected to a large extent in the Sentencing Council’s most recently published guidelines?

[Dominic Raab]

My hon. Friend is right. I remember his tenacious campaign on that subject from my early days as a Justice Minister. As well as empowering the courts, the change sends a message that will have an effect, right through the system, on the raw power available to a sentencing court. It will have a knock-on effect on the Sentencing Council and its ability to assess and consider whether further guidelines need to be provided. At the appeal level, there is also the ULS scheme.

In the time available, I will address the other key proposals. The second proposal is to raise the maximum penalty for the separate offence of causing death by careless driving while under the influence of drink or drugs. We recognise that although the driving in such cases may not amount to dangerous driving, the overall seriousness of the offence is the same, because of the combination of careless driving and the irresponsible decision to get behind the wheel under the influence of drink or drugs. Again, for the worst cases, we propose that the maximum sentence be life imprisonment.

Our third proposal will close a gap in the law. At the moment, if a driver who is driving carelessly injures another road user, passenger or pedestrian, the maximum penalty is a fine, even if the incident results in the victim being left with serious, debilitating or permanent injuries. The case that particularly struck me was that of Sophie Wilkinson, who was left in a coma with a life-changing set of injuries after a horror crash in 2007. We need the criminal law to cover careless driving that results in such severe harm and injury, so we will introduce a new offence of causing serious injury by careless driving. That offence will carry a custodial penalty and will sit alongside the existing offence of causing serious injury by dangerous driving.

Those are the three key areas of reform that we plan to implement as soon as parliamentary time allows. We will incorporate any further changes that emerge from the review of cycling safety announced by my right hon. Friend the Secretary of State for Transport last month, so that we have a consistent overarching framework for sentencing people who kill or cause serious injury on our roads. I am grateful for the time and effort that so many people, including the hon. Member for Cardiff West and the campaigning families, put into their responses to the consultation. No punishment in these cases can make up for the loss of a loved one, but we can make sure that justice is properly done.

Oral Answers to Questions

Debate between Alex Chalk and Dominic Raab

Tuesday 5th September 2017 Commons Chamber

[Dominic Raab]

I share the hon. Lady’s desire to see the most robust sentences for animal cruelty. The Government keep the sentencing framework under regular review, and I am not sure whether she is aware that in January the Sentencing Council published new guidelines on relevant aggravating factors in animal cruelty cases.

[Alex Chalk (Cheltenham) (Con)]

In the past 18 months, three of my constituents have died in HMP Bristol, which has one of the highest numbers of self-inflicted deaths in custody. What reassurance can be provided that that prison is being given the scrutiny and support that it needs to get those figures down?