Business of the House
Debate between Andy Slaughter and Lucy Powell(2 months, 1 week ago)
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Lucy Powell
The hon. Gentleman will know that in many cases statutory instruments do not require time on the Floor of the House, but as I have responsibility for triaging SIs, I will look at the progress with that and let him know in due course.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
May we have a debate on the importance of investigative and public interest journalism? The best journalists are an essential part of our democracy. I urge Members to look at “The Long Read” by Tom Burgis in today’s edition of The Guardian, “How oligarchs took on the UK fraud squad—and won”. May I pay tribute to Telegraph journalist David Knowles, creator of the brilliant “Ukraine: The Latest” podcast, who tragically died last weekend at the age of only 32? I am sure my right hon. Friend will join me in sending condolences to his family and friends.
Lucy Powell
I congratulate my hon. Friend on his election as a Select Committee Chair.
I certainly send my condolences to David’s family. My hon. Friend is absolutely right: investigative journalism is so important to our democracy and we should do whatever we can as a country to support it. I am sure that the Culture Secretary would be happy if he were to raise these matters with her in forthcoming oral questions.
Grenfell Tower Inquiry: Phase 1 Report
Debate between Andy Slaughter and Lucy Powell(4 years, 10 months ago)
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Joint Enterprise
Debate between Andy Slaughter and Lucy Powell(6 years, 10 months ago)
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Lucy Powell
I fully agree with my right hon. Friend the Member for Tottenham (Mr Lammy), but I will try to make some progress.
There was a political context when the joint enterprise law began to be overused and extended in its use during the 1990s and the noughties, but there is a different political context today. As my right hon. Friend has just said, we now more clearly understand the consequences of disproportionate and unfair applications of the law against certain groups. I am pleased the Government recognised that when they launched the Lammy review and in the Prime Minister’s recent comments on “burning injustices”—I hope she can live up to that rhetoric.
Practice and the law have been far too slow to catch up with the changing mood in the country. I will briefly discuss what the Supreme Court ruling does and does not say, and what still needs to be addressed. First, the ruling is clear that the law governing secondary liability has taken a “wrong turn” and has resulted in the “erroneous” application of the law. However, it also sets out that, in order for appeals to be heard “out of time,” a substantial injustice test, not the usual unsafe conviction test, will be applied. Yet the substantial injustice test was not clearly set out in the ruling and has never been set out by Parliament. The substantial injustice test has subsequently been tested through case law and is now an almost impossibly high bar for people to clear. That is why, nearly two years on, there has yet to be a single successful appeal awarded by the Court of Appeal.
Finally, in our opinion the Supreme Court failed to address another question put before it: does joint enterprise over-criminalise secondary parties?
What needs to change in the law—first, what needs to change going forward, and secondly, how can we put right some of the injustices of the past? It is clear that joint enterprise continues to be overused and is disproportionately used against groups of young men, particularly those from black and ethnic minority backgrounds. I saw that at first hand in a recent case in which 11 young black men from Moss Side faced charges of murder. Seven of them were convicted of murder and four were convicted of manslaughter. The youngest was only 14 and many of them were not previously known to the police. As research by Manchester Metropolitan University has shown in its study “Dangerous Liaisons”, more than half of all those serving life sentences are children or young adults, and more than half are from a black and ethnic minority background.