Criminal Justice Bill

Debate between Alex Cunningham and Maria Miller

Report stage
Wednesday 15th May 2024 Commons Chamber

[Dame Maria Miller]

On new clause 86, does the hon. Gentleman share the concern of many women outside this place about the almost backward step the Government have taken by not focusing on a base offence relating to people giving consent to their images being used? I thought we had won that argument, but that seems to have evaporated. That was central to the Online Safety Act 2023. Why is he not pressing for that change, as others are outside this place?

[Alex Cunningham]

The right hon. Member makes a strong point, and it is up to the Government to respond to it. We believe that we should extend all protections to women in all circumstances.

We welcome amendment 160 in the name of the Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes). The Online Safety Act made significant progress on intimate image abuse, or revenge porn, which is an abhorrent crime, and it is right that, through this Bill, we continue the good work done through that Act. We therefore support amendment 160, which would make offence relating to non-consensual intimate photographs or films priority offences under the Online Safety Act. That will ensure that this heinous practice is treated seriously and dealt with proactively, so that the harm it causes is reduced.

New clause 87 makes it an aggravating factor if an offence of manslaughter involves sexual conduct, and does the same for the corresponding service offence. The Government had support from across the House when they restated in statute, in the Domestic Abuse Act 2021, that

“a person is unable to consent to the infliction of harm that results in actual bodily harm or…their own death, for the purposes of obtaining sexual gratification”.

It will therefore not surprise the Government to hear that the new clause has the support of Labour Members. We are all aware of the high-profile cases in which women have been killed as a result of allegedly consensual sado-masochistic acts of violence during sex. We share the Government’s ambition to do more on the issue, in recognition of the serious public concerns about these horrific cases.

Amendment 57, in my name, would ensure that when courts ordered a defendant to attend sentencing, they first satisfied themselves that that would not put their staff at risk. Government amendments 149 and 150 lower the threshold for the availability of the new power to order an offender to attend a sentencing hearing, so that it applies where an offence is punishable with imprisonment for 14 years or more.

Clause 28 comes in the wake of a dismaying trend of high-profile criminals opting not to attend their sentencing hearing. Former neonatal nurse Lucy Letby did that in August last year. She refused to attend her sentencing hearing for the murder of seven babies, and the attempted murder of another six entrusted to her care. Having also refused to attend via video link, she remained in the cells below Manchester Crown court as bereaved family members delivered victim personal statements, and the judge passed a whole life order in her absence. In April last year, Thomas Cashman exploited the same procedural rule by refusing to attend his sentencing hearing. He travelled to Manchester Crown court, but declined to leave his cell, claiming that he had been provoked by court officials. He received a sentence of life imprisonment, with a minimum term of 42 years, for the fatal shooting of nine-year-old Olivia Pratt-Korbel in her home. We share the view that, wherever possible, defendants ought to hear the victim impact statements setting out how victims and families have been affected by the crime.

In Committee, the Under-Secretary of State for the Home Department, the hon. Member for Newbury (Laura Farris), accepted that

“the judge now has discretion to make such an order, but we have found that it is not evenly or always applied”––[Official Report, Criminal Justice Public Bill Committee, 16 January 2024; c. 244.]

as in the case of Lucy Letby, where the judge did not compel her attendance. The Minister said that putting the measure in the Bill would ensure a power in statute for a judge to compel a person to attend their sentencing for any serious offence for which the maximum sentence is a life sentence. The Government’s pages of amendments include those to clause 28, and we are supportive of all efforts to improve the Bill’s workability. I said in Committee that there is nothing in the Government’s explanatory notes about the resources needed to deliver the policy. Likewise, there was little if anything about how the staff who would be at the sharp end of delivering a defendant to court will be protected. The charity Justice raised the concern with me that the policy puts staff at risk; it is questionable whether the discretion to use force in proposed new section 41B(4) of the Sentencing Code is real, or merely apparent, in view of proposed new section 41B(6).

Health and Care Bill

Debate between Alex Cunningham and Maria Miller

Consideration of Lords amendments
Wednesday 30th March 2022 Commons Chamber

[Mrs Miller]

First, I apologise for being late to the debate, Mr Deputy Speaker. I appreciate your calling me to speak, and I will be brief.

Amendment (a) in lieu of Lords amendment 92 is all about increasing women’s choice, not about taking choice away from anyone. The basis on which the amendment can be judged is the evidence we have gathered, not in a short period of time, but during two years in which 150,000 women have used telemedical abortion care. Judge the amendment against that backdrop; it is done not on a whim or a fancy, but after two years of intensive analysis.

While I might want to agree with those of my right hon. and hon. Friends who are calling for a reasoned debate in the House of Commons on the broader issues of abortion, the truth is that we do not have those debates because the Government talk about changes to abortion provision coming from Back Benchers when that provision is now so out of date in our country that we need the Government to look at it more broadly. I will support the amendment because it is the right thing to do. The amendment is backed by a huge range of organisations and a significant body of evidence, and it requires the Government to look more broadly at abortion—to take this as a responsibility and to stop shoving it back on to the Back Benches.

Continuing telemedical abortions will be supported and regulated in exactly the same way as face-to-face abortion care, and to suggest otherwise is to be factually incorrect. Members really need to think about the evidence showing that online sales of abortion pills from unregulated providers have decreased since telemedical abortion was made legally available. Rather than push people back into an unregulated market, let us keep what we have, which has worked for 150,000 women over the past two years. But please, please, Minister, let us have a reasoned look at abortion more broadly. Stop saying that this is an issue for Back Benchers. It is not.

[Alex Cunningham (Stockton North) (Lab)]

I will speak specifically to Lords amendments 85 to 88 on tobacco control. First, I pay tribute to my hon. Friend the Member for City of Durham (Mary Kelly Foy) who put so much work into tobacco control amendments in Committee but is unable to be here. Like her, I am an officer of the all-party parliamentary group on smoking and health, and I strongly support amendments 85 to 88 on the “polluter pays” levy on tobacco manufacturers. I heard what the Minister said about a levy being complicated and how it might take years to implement, but a way must be found to make big tobacco pay for the crisis that it sustains every day that it remains in business.

Like my hon. Friend the Member for City of Durham, I represent a constituency in north-east England, which is the most deprived region of the country and has high rates of smoking. We have reduced smoking significantly in recent years, but, despite that progress, it is still the leading cause of premature death, killing more than 400 of my constituents a year. In my constituency, smoking costs society more than £62 million, which is money that our community can ill afford. I also worry that nearly 15% of local pregnant women are still smoking at the time of delivery, which is 50% higher than the national average. We all know that smoking in pregnancy significantly increases the risks of miscarriage, stillbirth, sudden infant death syndrome and foetal growth retardation. The levy would raise vitally needed money for investment in deprived areas such as ours in the north-east to break the cycle of addiction, disease and premature death. At current rates of decline, Cancer Research UK has calculated that the smokefree 2030 ambition will not be achieved for our most disadvantaged communities until 2047.

Housing and Planning Bill

Debate between Alex Cunningham and Maria Miller

Tuesday 5th January 2016 Commons Chamber

[Mrs Miller]

My hon. Friend is right, which is why independent approved inspectors were set up when they were, to take pressure off local authorities. The problem we have seen is that because we are not working within a defined statutory scheme, those approved inspectors can vary the way in which they work. Indeed, some could argue that there are pressures on approved inspectors to come in at a lower price or to offer to do fewer inspections because it would cost the house builders less. What I am advocating here is a level playing field where all approved inspectors would be acting in the same way, and this is firmly something that would be a cost covered by the house builders. After all, we are dealing with properties worth many hundreds of thousands of pounds, and we would want to make sure that they were going to last for the long term and not simply be subject to inappropriate and inadequate quality checks.

I urge the Minister, on behalf of the homeowners from many different constituencies around the country who have contacted me, to listen to the arguments being made today and to respond positively to what is being suggested. With a nationwide shortage of skilled tradespeople, ever-growing demand for housing and home builders looking to keep costs low, buyers need protection afforded by the building control performance standards regime, and the work of approved inspectors is more important than ever before.

As I have just said, we need to remove the pressure that could exist on approved inspectors to reduce the number of inspections that are made in order to cut costs. We need a robust system to safeguard the quality of what is being built, particularly given the taxpayer investment in schemes such as the starter home initiative. Of course these concerns go far wider than starter homes, as my hon. Friend the Member for Harrow East (Bob Blackman) mentioned in his intervention. I hope that the Government will look to further extend the requirements in this new clause to all new-build homes. I have spoken to the Minister about this issue in recent months and I know that he has a clear understanding of the problem. I look forward to his response and an indication as to whether the objectives set out in new clause 1 could be achieved for all new builds, perhaps through further regulations. With that, I shall draw my comments to a close.

[Alex Cunningham (Stockton North) (Lab)]

I rise to speak to new clause 2, which stands in my name and that of my hon. Friend the Member for Bassetlaw (John Mann). It would place a statutory duty on the Secretary of State and local authorities to secure and promote the resilience of housing and other developments, giving consideration to the impact that new developments will have on resources and biodiversity.

Childcare Payments Bill

Debate between Alex Cunningham and Maria Miller

Monday 17th November 2014 Commons Chamber

[Maria Miller (Basingstoke) (Con)]

I understand what the hon. Gentleman is saying, because it accords with my experience in my constituency, but does he not think that local authorities have an obligation to ensure that there is sufficient care for disabled children? KIDS nursery in my constituency is a specialist nursery for disabled children. Should not local authorities be thinking about providing such services as well?

[Alex Cunningham]

I have been fighting the ending of specialist nursing provision at my local hospital, because it meets the specific needs of parents of disabled children. There has been a considerable reduction in the amount of money that enables local authorities to meet the demand for essential services—if they were given more means, they might well be able to expand provision—but I agree with the right hon. Lady that someone should take responsibility, and I think that my amendment goes some way towards ensuring that that happens.

In Committee, the Minister said:

“It is right that we make the new scheme consistent with the current framework.”––[Official Report, Child care Payments Public Bill Committee, 23 October 2014; c. 192.]

I urge her to reconsider her decision not to increase support for parents of disabled children. She can help today by increasing the maximum age at which disabled children become eligible for the tax-free child care scheme—and, in future, for the child care element of universal credit —to 18, to align the scheme with the prescriptions of the Childcare Act sufficiency duty, and to give the families of disabled children the support that they need and deserve.

At the same time, the Government should aim to establish a framework that would include all children with disabilities in child care in order to fulfil the basic principles of equality and inclusion. Equitable access to affordable, flexible, high-quality child care would be hugely valuable to children’s social and educational development, not to mention parents’ well-being and long-term economic prospects. In its present form, however, the tax-free child care scheme will not effectively remove the additional affordability barriers from parents with disabled children. To address that inequality, the Government should provide the additional top-up payments for disabled children through the tax-free child care scheme that amendment 2 would provide. I hope that the Minister will consider that proposal.

Oral Answers to Questions

Debate between Alex Cunningham and Maria Miller

Thursday 10th January 2013 Commons Chamber

[Maria Miller]

We have, as the hon. Gentleman would expect, spent a great deal of time talking to the different religious institutions, including the Church of England, and they have very clearly said that at this point in time they do not wish to be able to perform same-sex marriages. We are protecting the Church of England and its particular position with regard to common law and canon law, and making sure that it can opt in at a later time if it thinks that is right.

[Alex Cunningham (Stockton North) (Lab)]

6. What discussions she has had with the Chancellor of the Exchequer on the effect of the autumn statement on women, black and minority ethnic groups and older people.

Oral Answers to Questions

Debate between Alex Cunningham and Maria Miller

Thursday 22nd November 2012 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

There has been a huge increase in the number of betting shops opening in generic shopping units and the subsequent installation of the high-stake, high-price fixed odds betting terminals, which contribute to gambling addiction. Will the Secretary of State meet the Secretary of State for Communities and Local Government to agree a policy that places betting shops in a specific planning category to stop the increase in betting shops and high-stake machines? Will she carry out an investigation into the impact of those machines on gambling addiction?

[Maria Miller]

On the final part of the hon. Gentleman’s question, we believe that there is a need for more evidence on the impact of gambling within society. We are collecting that evidence now and are looking carefully at all the issues that he raised.

Oral Answers to Questions

Debate between Alex Cunningham and Maria Miller

Thursday 19th April 2012 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

6. What recent discussions she has had with ministerial colleagues on the role of child care for working mothers.

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

The Government fully recognise the importance of child care in helping parents—not just mothers—to move into or stay in work. Under universal credit, we will for the first time extend help with child care costs to those working under 16 hours, benefiting some 80,000 families who previously had no such support.

[Maria Miller]

We have announced that under universal credit we will support an extra 80,000 families with child care, and that we are doubling the number of two-year-olds getting free nursery care. If the right hon. Gentleman is asking us to reconsider his Government’s policy of increasing support for child care to some 80%, perhaps he will explain where he will find the £600 million that the Daycare Trust feels it would cost to implement the policy.

[Alex Cunningham]

This month, 212,000 couples face losing their working tax credit if they cannot find more working hours. Many parents will be forced to give up work, and they may be forced to give up their child care places as a result. What will the Government do to monitor the impact of the changes to family support on the child care market, to ensure that when women can return to work they will not be left struggling to find a child care place?

[Maria Miller]

The hon. Gentleman is absolutely right that it is important that there is a supply of child care places. I am sure he knows that there is a duty on local authorities to ensure sufficiency of supply, and I remind him that with the new local authority early intervention grant, there is money to ensure the necessary supply for just the families he is talking about.

Oral Answers to Questions

Debate between Alex Cunningham and Maria Miller

Monday 10th January 2011 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

The Demos report “Counting the Cost”, funded by Scope, shows that the number of disabled people who currently live in poverty is far higher than official estimates show, as their lower incomes and higher living costs are not taken into consideration. What action will the Secretary of State take to rectify that anomaly?

[Maria Miller]

I thank the hon. Gentleman for his question. The Government are doing two things. First, they are ensuring that more disabled people can get into employment. As I said earlier, around half of disabled people are in employment; many more want to work and cannot. The coalition Government have made clear their commitment to access to work as a way of helping disabled people into work, as well as to the work of the Minister of State, my hon. Friend the Member for Thornbury and Yate (Steve Webb), through the Work programme and Work Choice. However, we also recognise the extra costs that disabled people face, and our reform of disability living allowance and the introduction of personal independence payments will help to ensure that we have a robust mechanism in place, which is not means-tested but can support disabled people. I am glad to hear that the Opposition will perhaps support some of our reforms of disability living allowance.