Employment Relations (Flexible Working) Bill

Debate between Andy Carter and James Daly

Friday 28th October 2022 Commons Chamber

[Andy Carter]

I am grateful to my hon. Friend for allowing time for interventions. He is making an excellent speech, and I agree with many of the points that he has made, which have prompted earlier interventions from me. One of my concerns, having run a small business, is that when teams are together in the office a culture is created, with a transfer of knowledge. If someone is working from home that does not happen, which is why it is incredibly important that businesses think carefully about how they can allow flexible working to take place. It is not one size fits all, and for small businesses with only two or three people, having everyone working from home is not necessarily right. They have to create the workplace culture that is right for them.

[James Daly]

As ever, my hon. Friend is absolutely correct. We have to be mindful of that. Again, the House has to understand the pressures on businesses. This is an extremely difficult time for businesses across the country. The concept of flexible working takes second place to being able to pay wages and bills, and making sure that people are employed.

Sentencing: Repeat Offenders

Debate between Andy Carter and James Daly

Tuesday 21st June 2022 Westminster Hall

[James Daly (Bury North) (Con)]

I congratulate my friend the hon. Member for Easington (Grahame Morris) on bringing forward this important debate, which, as I said to the hon. Member for Strangford (Jim Shannon), can be viewed from a number of different viewpoints.

I refer to my entry in the Register of Members’ Financial Interests and declare an interest as a practising solicitor. I was a criminal defence solicitor for 16 years. During the halcyon days of the Labour Government under Tony Blair, I was in court every day and in police stations every evening, representing the reoffenders we have been talking about. I am sure the hon. Member for Easington has not come here just to engage in political point scoring, and he will not want us to get into a debate about this, but I could go through a whole raft of statistics from when I was practising before the courts under the Labour Government. Reoffending was rampant.

This will be my last point, because I do not want to get into this, but I do not know how Labour or any Labour politician can actually challenge a Government Minister when their leader has such an appalling record as Director of Public Prosecutions. There was a fall in conviction rates for serious sexual offending and other sexual offending. We should come to these issues without the political preening and look at what we can do to make things better.

I can tell the Members present that we could have been having this conversation back in 2001, when I first stood up in the magistrates court. The first mitigation I did was completely by luck—I was making it up as I went along. I got there at 9 o’clock in the morning and my new employer said, “Court starts in 45 minutes—off you go.” The first person I represented was a shoplifter. I did not know what to say, having had no experience of these things. It occurred to me that it would be a novel idea if the court was able to impose a sentence of a job and a home. I had no background training whatsoever, having done no criminal law during my training contract. I just had a feeling, at some point, that I would go into criminal law. I thought it sounded interesting. The feeling I had during that first mitigation has never left me: the way to tackle offending, certainly with repeat offenders, is by the state bringing as much stability to their lives as possible. That is an incredibly difficult action for the state.

Sentencing is a bespoke exercise. The idea that the Government impose sentences that are routinely put and that everybody—whether they are in Totnes, Easington or Bury—gets the same sentence in the same circumstances is utterly ridiculous.

[Andy Carter]

My hon. Friend knows that I sit as a magistrate. My hon. Friend the Member for Totnes (Anthony Mangnall) said that Members of this House do not necessarily sentence, but I actually do sentence. My hon. Friend the Member for Bury North (James Daly) is absolutely right. One of the greatest debates that benches of magistrates have is on the appropriate sentencing for the offender they see in front of them. Rehabilitation activity requirements and courses to help people understand the issues they face—on drugs, alcohol and dealing with conflict—are incredibly valuable and can form part of a sentencing package. As my hon. Friend says, it is right that magistrates have a full range of sentences available to them to ensure that the punishment fits the crime that an offender has been convicted of.

Judicial Review and Courts Bill

Debate between Andy Carter and James Daly

Report stage
Tuesday 25th January 2022 Commons Chamber

[Andy Carter]

It is a pleasure to speak in the debate in support of the Government’s new clause. The Minister and hon. Members will know that I continue to sit in magistrates courts; I am on the Merseyside bench at courthouses in Sefton in north Liverpool, in Liverpool city centre, in Birkenhead and occasionally in Chester and Crewe. I decided to do so because I felt that, as a Member of Parliament, it would be incredibly helpful and informative to continue to go into courts to understand the issues that magistrates and members of the legal profession face, as well as to hear and see those experiencing the criminal justice system from the other side.

In the last 10 years, I have seen tremendous change in the operation of the courts, which my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) mentioned, all of which has been designed to make the system more efficient. I think it is fair to say that some of the changes—closing court buildings in particular—have been pretty unpopular with members of the judiciary and members of the legal profession. After Dale Street magistrates court in the centre of Liverpool closed—a wonderful old building that had proper courts—and magistrates moved into the Queen Elizabeth II law courts where the Crown court is held, I wondered for a time what that would do to our magistrates courts. On reflection, knowing that four other buildings contained courthouses in Liverpool, I could completely understand why those decisions were taken. The waste that we were seeing within the system was unjustifiable. Our ability to reduce the amount of buildings and focus on developing technology and investing in courthouses to improve the facilities is critical. The ability to invest in the number of professional judges sitting as district judges has enabled a swifter and more effective process in the magistrates courts.

Many members of the magistracy have seen the number of magistrates in the courts continue to fall, which is one of the concerns. and I am pleased that the Government are taking steps to address that. Another area of concern was the centralisation of certain types of cases in certain courthouses. Let me give the House an example. On Merseyside, all motoring offences are now dealt with in Birkenhead, so if a magistrate regularly sits only in Liverpool city centre, they will never come across a motoring case. It can sometimes be a bit of an issue for magistrates to get their head around such issues if they are faced with an appeal, or an issue that has been referred back to their court, and they have not dealt with a motoring offence for some time. I say to the Minister that the ability for all magistrates to deal with all issues is really pertinent in the criminal court.

As the Minister said, magistrates play a fundamental role in our society, covering the overwhelming majority of criminal cases that appear in our courts. I want to join hon. and right hon. Friends in paying tribute to the 13,000 magistrates in courthouses across England and Wales, and to recognise and put on record the sacrifices that they have made throughout the covid pandemic. The overwhelming majority of courthouses stayed open. The magistrates, who were all volunteers, turned up to do their public duty. We should recognise the value that that has given to local society up and down the country. They have ensured that speedy justice has been delivered. I saw magistrates adapting and moving into Nightingale courts in Liverpool, in the historic St George’s Hall, where they continued to provide an outstanding service to the people of Merseyside and Cheshire.

The news this week that the Government are promoting a recruitment drive for 4,000 new magistrates is very welcome. They truly are the unsung heroes in our justice system. We need to ensure that people from every part of our society are represented in their ranks. I urge the Government to look at the recruitment process and the length of time it takes from applying to becoming a magistrate to actually sitting. I know many people who have applied to become a magistrate but who have fallen off during the process because it seems to be endless. The local advisory councils have historically been responsible for selecting magistrates. The Government need to consider that process carefully. The regular meeting of those advisory panels needs to be focused on.

I welcome the news that magistrates’ sentencing powers will be increased from six months to 12 months to help drive down waiting times and bring the criminal justice process to a speedier resolution. As the Minister and the Opposition spokesman mentioned, I have raised this in the House on numerous occasions, and I am delighted to see that it is now moving forward. I thank the Minister for taking this forward and making it happen. Ministry of Justice figures show that victims are waiting more than 600 days for justice after crimes are committed to the Crown court, a rise of more than 50% in the past year. Such delays increase the pressure on defendants, witnesses and victims of crime. The increase in sentencing powers will mean that less serious crimes can be heard much more speedily in magistrates courts, freeing up around 2,000 extra days in Crown courts.

[James Daly]

Based on his long experience in the magistracy, does my hon. Friend agree that the increase in sentencing powers is not going to have a great impact on the magistrates? They are not suddenly going to decide to send to prison everybody they previously would not have sent to prison because of that increase; it simply expands the sentencing range open to the court. I join my hon. Friend in praising our magistrates, who are experienced, common-sense people from their own communities who make decisions in the interests of justice.