Oral Answers to Questions

Andrew Rosindell Excerpts

Tuesday 23rd November 2010 Commons Chamber

[Mr Clarke]

There has been another British case today, which has clarified the situation slightly and has underlined the fact that the Government have discretion on how to comply with their obligations. In due course, obviously, we shall establish a commission on how best to give effect to our human rights obligations in this country, but that will not happen until at least next year.

The coalition Government do not intend to withdraw from the European convention on human rights, which was imposed by the victorious British on the rest of Europe after the war in order to establish British values across the countries that were recovering from fascism and was drafted largely by Sir David Maxwell Fyfe, who put what he thought were the best principles of British justice into it.

[Andrew Rosindell (Romford) (Con)]

7. What steps he is taking to increase the number of prison places.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

Our current plan is to build the prisons to which we are contractually committed. On the basis of current policies, we expect prisoner numbers to rise from about 85,393 last Friday to about 88,000 in 2015, and we expect the implementation of the proposals that will be outlined in the forthcoming Green Paper to reduce that number to about 3,000 fewer than today’s figure. We will always provide enough prison places for those who the courts judge should receive a custodial sentence.

[Andrew Rosindell]

Notwithstanding the Government’s efforts to stabilise the prison population, will the Minister assure us that those who commit crimes and deserve to go to prison will continue to do so?

[Mr Blunt]

Yes.

--- Later in debate ---

[Mr Clarke]

The Attorney-General has a power to exercise in these cases and he has to exercise it in his quasi-judicial role by making a proper judgment and not just reacting politically. I understand the hon. Lady’s concern about that case, but sentences are normally imposed by the court that has had the opportunity to hear all the evidence, facts and information about the accused person. The Attorney-General takes seriously his responsibility to step in where a mistake seems to have been made and ask a higher court to consider imposing a more serious sentence. I cannot claim to exercise any control over him in that regard; it is his difficult judgment to take in each case.

[Andrew Rosindell (Romford) (Con)]

T2. The Lord Chancellor will be only too aware that one of his key responsibilities is looking after the Crown dependencies of Jersey, Guernsey, the Isle of Man, Alderney and Sark. Will he explain to the House why the Crown dependencies were yet again refused the right to lay a wreath on Remembrance Sunday this year? Will he address this issue to ensure that next year they can do so like other countries in the Commonwealth?

[Mr Clarke]

My right hon. Friend Lord McNally has the responsibility and the honour to lead on matters concerning Crown dependencies, which I assure my hon. Friend he takes very seriously. I keep discovering that he has made visits to the Crown dependencies to discuss these matters. I was quite unaware of this problem and I shall make inquiries of Lord McNally and those responsible for the ceremony about the background to this issue of laying a wreath on behalf of the Channel Islands and the Isle of Man.