Tobacco Packaging

Debate between Anna Soubry and Karl Turner

Friday 12th July 2013 Commons Chamber

[Anna Soubry]

I appreciate that the hon. Gentleman may have a problem with this, but we have had, and continue to have, an open mind. I have no difficulty with that. We had a consultation that closed in August last year. The Australians passed their legislation and it came into effect in December last year. It is absolutely right and reasonable to see the evidence as it emerges from Australia before making a final decision. That strikes me as responsible, grown-up government.

[Karl Turner (Kingston upon Hull East) (Lab)]

When did the Minister last speak to Lynton Crosby?

[Anna Soubry]

I think it would have been in 2004.

Forensic Science Service

Debate between Anna Soubry and Karl Turner

Monday 27th February 2012 Commons Chamber

[Karl Turner]

Of course I do—it would be marvellous if money was not lost—but there are two sides to the argument, and I understand that the FSS says that some of that cost can be put down to the restructuring of the service.

I am also concerned about the potential for police bias. I am worried that moving forensic work in-house could undermine public trust in our judicial system and create a significant risk of police bias. There will be a clear conflict of interest if the police have to decide what evidence to test while under pressure to secure a conviction. We can see examples of that. The public must have complete trust in our judicial system, but that trust might be compromised by convictions based on forensic science that is no longer perceived to be truly independent.

[Anna Soubry]

The hon. Gentleman was kind in his opening comments, and I respond to him in equally warm terms, but does he not agree that the police already conduct all sorts of scientific analysis—for example, relating to fingerprints, footprints and the taking of hair samples for DNA analysis? He is right to be concerned about fairness in such circumstances, but the record shows that the police are perfectly fair when it comes to such scientific evidence.

[Karl Turner]

Of course the police conduct all sorts of inquiries and investigations—the hon. Lady makes a reasonable point—but my hon. Friend the Member for Ellesmere Port and Neston has told us that his Committee had concerns when conducting its review, and it was right to point out those concerns.

[Karl Turner]

Absolutely. My hon. Friend makes a valid point. It is worth noting that we are to hold elections for police commissioners in November, which might cause further problems.

Historically, prosecutors have relied on independent expert evidence from forensic specialists who have personally examined evidence collected in police investigations. The closure of this respected major research institution will, I think, lead to the loss of the most experienced forensic scientists. To be honest, I have heard little criticism of the FSS in robing rooms in Hull, and I have not heard members of the judiciary particularly—[Interruption.] The hon. Member for Broxtowe looks at me with complete dismay.

[Anna Soubry]

This should not be a competition for anecdotal evidence but, in my experience, there is growing concern about the FSS’s ability to deliver its findings swiftly and efficiently. Those concerns have been growing for a number of years. Does the hon. Gentleman accept that many of us with experience of this part of the criminal justice system take the view that the service, sadly, is no longer fit for purpose?

[Karl Turner]

I do not accept that. Absolutely not. It is true that I have heard grumblings about aspects of expert evidence put before courts, but I do not think that there is a major problem. I have certainly not heard members of the judiciary complain particularly about the service.

One of my major concerns is about the Government’s rushed decision. As with many of their policies, this policy has been rushed and is fraught with difficulties. Their desire to create a market for the provision of scientific support is putting police authorities under unacceptable pressure. The closure of the FSS will have major implications for the criminal justice system and could result in miscarriages of justice.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Anna Soubry and Karl Turner

Wednesday 29th June 2011 Commons Chamber

[Anna Soubry (Broxtowe) (Con)]

I would like to speak about the criminal justice system and our sentencing policy as reflected in the Bill. I declare my interest: I practised as a criminal barrister for some 16 years before being elected to the House.

If there was ever a man without a plan, it was the right hon. Member for Tooting (Sadiq Khan). He and the right hon. Member for Blackburn (Mr Straw) and, indeed, many other Opposition Members really should hang their heads in shame. After 13 years of a Labour Government, we are faced with a legacy of complete failure in the criminal justice system. Yet again, rather like the deficit, it falls on this Government to clear up the mess left by Labour.

[Karl Turner (Kingston upon Hull East) (Lab)]

Does the hon. Lady not accept that crime fell by 43% under the previous Government? As a criminal barrister, she really ought to acknowledge that fact.

[Anna Soubry]

I am afraid that I do not accept that figure. I do not think that things are as simple as that. For example, as the Lord Chancellor explained, the theft statistics have fallen because of the protection that is now afforded to motor vehicles. Antisocial behaviour is not a recordable offence. I know from my own experiences in Nottinghamshire that the police are almost bending over backwards not to record criminal activities as recordable offences. So I cast real doubt on those statistics.

The hon. Gentleman talks about statistics, so let us listen to those on the legacy that we have inherited. Our prisons are full to bursting. Reoffending grew under Labour to 61.1% for offenders who serve short sentences. Half of adults leaving jail are reconvicted within a year, and 74% of young people sentenced to youth custody and 68% of young people on community sentences reoffend within a year. Those are the damning statistics. That is the legacy, and that is the reality.

We face other realities as we approach those difficulties. Prisons are awash with drugs. How many people are astounded to hear that there are things called drug-free wings? Hon. Members might suppose that all our jails should be free of drugs, but unfortunately they are not. Some people actually turn for the first time to class A drugs because they are in custody. I know from my experience of the people whom I represented that not only are drugs freely available in prisons, but they are often cheaper on the inside than out on the street. That is the legacy that we inherit.

Too many of our prisoners languish in 23-hour bang-up, because they cannot get on to courses and no work for them is available. The Bill specifically addresses such difficulties and issues, and I want to herald the proposals and want them to triumph. That will mean that people in prison will actually work. They will earn money that will go back to the people who are the victims of the crime. We are introducing good and right measures that will go a long way to ensure that prison works. At the moment, prison does not work. That is why we have those reoffending rates, why prisons are awash with drugs and why so many prisoners are on 23-hour bang-up.

We must not take a simplistic and broad-brush approach to sentencing. With great respect to many hon. Members, that is, unfortunately, what they do. The Bill achieves a difficult and delicate balance: it recognises the need to reform, but it does so within the financial restrictions and realities that this nation faces. Those who say simply, “Bang ’em all up and throw away the key,” fail then to say how much that would cost and how on earth we would pay for it.

The Bill recognises the failures of too many short-term sentences, as well as the fact that some people need to spend longer in prison. We are now considering the reform of indeterminate sentences for public protection. The last Government changed the distinction between short and long-term imprisonment, which fell at four years. Under their legislation, there was no such distinction. Those who got four years served three quarters of their sentence; those who got less than four years served half. Labour abolished that, so that all prisoners on determinate sentences were automatically released halfway through. We are now considering reforming imprisonment for public protection so that the most serious offenders return to serving three quarters of their sentence. We should welcome the measures, as I certainly do.

I am grateful that the Government have listened and consulted, especially among those of us who have only recently returned from the front line of the criminal justice system. I welcome the fact that we will not increase the amount of discount for a guilty plea to 50%. I spoke out against that without any difficulty. I urge the Government to go further and consider freeing our judges so that there is no mandatory figure. In some cases, a discount of more than 50% is needed and would be welcomed, while in other cases, there should be no discount however early a plea is entered. My message to the Government is to free our judges.

I know that many Government and Opposition Members have concerns about legal aid. I urge the Government to ensure that the poorest and most vulnerable in our society continue to have access to legal aid, especially women, who might be abandoned by feckless and adulterous husbands or partners who leave them penniless while themselves remaining in funds. Such women will not have access to legal aid to ensure that they are properly sorted out in the proceedings on divorce and ancillary relief for them and their children. We must protect them.

I am afraid that the clock is against me; I wanted to talk about IPPs. I welcome the Government’s proposals and I look forward to the consultation. I also put in a quick plug for the hon. Member for Kingston upon Hull East (Karl Turner), who is determined to increase sentences for dangerous driving, which is a thoroughly good idea. The Bill is a mixture of soft and hard. It is realistic, given the circumstances, and I commend it thoroughly to the House.

Dangerous Driving Offences (Sentences)

Debate between Anna Soubry and Karl Turner

Wednesday 22nd June 2011 Westminster Hall

[Karl Turner]

I agree with the hon. Gentleman. I mitigated a case before a magistrate when I was representing a defendant, who was effectively a probationary driver, for a driving offence. I suggested to the bench that, instead of throwing the book at him, he should be banned for a short period, so that he did not have to start from scratch, taking his test and so on.

I am assisted to some extent by some recent publicity. The Sun ran a story last Saturday about the victim of a driving offence, who was tragically paralysed. I have had the opportunity to speak with her father, Dr Robert Carver. The offence was different—careless driving—but the victim’s injuries were dreadful. I am sure that the family feel outraged, but her father has asked me to make it clear that he makes no criticism of the district judge, Judge Stobart, who passed sentence in that case, saying that the judge was working within the constraints of the law.

I mention that case for two reasons. It is tragic for the victim—absolutely dreadful—but, for whatever reason, the offender was charged with careless driving, not dangerous driving. The sentence of 150 days in such circumstances was appropriate. However, an offence of dangerous driving, which is much worse in my view, must require a much harsher sentence.

[Anna Soubry (Broxtowe) (Con)]

I congratulate the hon. Gentleman on securing this debate and on his efforts to reform the law. He clearly has considerable support from all parties, and we wish him absolute success.

The two-year sentence means that judges cannot reflect the serious consequences that often flow from someone who has committed the offence of dangerous driving, notably if causing injury. For what it is worth, I remember prosecuting a similar case in Derbyshire. Someone had suffered permanent damage to the legs, but the judge’s hands were tied in the sentence he passed. We really need reform in this area, do we not?

[Karl Turner]

Absolutely. I agree entirely with the hon. Lady, and welcome her remarks, which are right.

Before the election, I was defending a case of dangerous driving before the Crown Court—I was a pupil barrister in my local chambers, the Wilberforce chambers, which I mention because I hope for extra support from my head of chambers. I was enthusiastic, preparing the mitigation the night before, because I was excited to be appearing before a Crown Court judge—I had spent some years before that working for a firm of solicitors. I remember standing up with all that enthusiasm, beginning the mitigation and then seeing the expression on the judge’s face. I had seen the CCTV, because it was played in court, but the judge was looking at me and saying, “Stop there, please, because the maximum sentence is two years. He pleaded, with good advice, in the magistrates court, so I must reduce the sentence to 16 months as a starting point. I then have to reduce it further because it is not the worst case of dangerous driving that I have judged.”

I decided to stand up and have another go but, with the clear expression on the judge’s face, I gave in pretty swiftly. The maximum sentence was indeed 16 months in such circumstances, and the offender received 11 months. When I went down to see him in the cell, I did the usual thing and told him how absolutely brilliant I was, but then I began thinking about the seriousness of the case. His driving had been truly horrendous. The offender had smashed into police cars to evade detection by the police. He was risking not only his own life but the lives of everyone on that road. This incident happened in broad daylight. He drove past a school at 70 miles per hour. The serious nature of that made me understand why the judge was looking at me as though I was the lunatic rather than the defendant.

Sentencing

Debate between Anna Soubry and Karl Turner

Monday 23rd May 2011 Commons Chamber

[Anna Soubry (Broxtowe) (Con)]

I have been a Member of Parliament for a year, but I do not think that I have ever smelt such rank political hypocrisy as that which is emanating from the Opposition Benches. I practised as a criminal barrister for 16 years, just a little longer than the tenure of the last Government. During those 16 years, and particularly during my 13 years at the criminal Bar, I saw almost daily the harsh reality of their sentencing policy, a policy which led to the present chaotic state of our prisons and which neither added up nor delivered all that they claimed it would do.

As Members may recall, Labour claimed to be tough on crime. They used to say that they were turning the key on the prison gates and bars in order to secure someone, but at the same time they could not push people out too quickly. That is why we saw the release schemes enjoyed by so many people during their time in office, and why I asked the shadow Secretary of State about overcrowding. That is the last Government’s legacy, and that is the reality of Britain’s prisons today.

What has the policy of the last Government meant in the real world in which some of us worked before we came to this place? I had clients aged 18 and 19 who were on remand, which meant that they were innocent, and in adult prisons because there were no places for them in young offenders’ institutions. I had clients who, when I asked them whether they been to see their drug worker, said that they had been unable to arrange an appointment because of the overcrowding. I had clients—as I now have constituents—who were willing to go on courses in order to be rehabilitated and educated, and who could not obtain places on those courses. That is the legacy of the Labour party. It is an absolute disgrace, and it is even more disgraceful that they are in denial about it.

[Karl Turner]

Does the hon. Lady agree with the policy of reducing sentences by 50%? If so, given all her professional experience during her 16 years of practice as a barrister, how does she think it can be justified, and does she think it will work?

[Anna Soubry]

I am happy to answer the hon. Gentleman’s questions. The reply to the first is yes. Being a lawyer himself, he will know two things. First, there is a good argument that in lengthy, tedious, multi-handed fraud cases, allowing a judge to give a 50% discount will do what everyone wants and crack heads together, and that it will work. Secondly, it is dishonest of Labour Members to criticise this Government for proposing a 50% increase when the present law allows it¸ as the hon. Gentleman well knows—or, at least, should know, as he is meant to be a lawyer. At present a judge has discretion, if he or she so chooses, to allow a discount of more than 50%, depending on the circumstances of the case.

My complaint, which I have expressed in public before, is about those who are excessively prescriptive and tie our judges’ hands. One of the big failings of the Labour party was that in all aspects of policy, it consistently failed to trust professionals: our teachers, our nurses and our doctors. It also failed to trust our judges. If we freed their hands and enabled them to decide the appropriate sentence given all the circumstances of a case, there would be greater honesty in our sentencing policy, and there would undoubtedly be better sentencing.

There are many issues that I would have liked to discuss, but I shall mention only two more. The first relates to events that took place last week. I say this as a woman: I find it offensive when the issue of rape is turned into a women’s issue, taken up by people and used as a political football. As I have said in this place before, some victims of rape are male, and a considerable number of victims of rape are children. It is not a women’s issue, and some of the hysteria that we heard last week did no one any favours.

--- Later in debate ---

[Karl Turner (Kingston upon Hull East) (Lab)]

It is a pleasure to follow the hon. Member for Broxtowe (Anna Soubry). I have not got as much professional experience as her; she practised as a criminal barrister for 16 years, whereas before the general election I was a pupil barrister in my local chambers in Hull. I practised as a criminal solicitor for some time prior to that, however, and I have not met or spoken to anyone from the profession in recent days who has said the policy in question is a good one. Indeed, I have spoken to Members who sit on the hon. Lady’s side of the House, including practising barristers, who have said that this policy is simply wrong.

I have a great deal of respect for the Lord Chancellor; I think he is a very honourable man, and I am sure that the explanation for his remarks last week is that he did not choose his words very well. Indeed, to be honest, when I heard, and listened back to, his comments, I understood the point he was trying to make. The reality, however, is that some sentences that are currently on the statute book are too low. In an earlier intervention, I made a point about convictions and sentences for the offence of causing death by careless driving while over the limit—[Interruption.] I have done the maths; the hon. Member for Broxtowe might be able to correct me if she thinks she is more experienced than me. The figure for that offence is nine months. How can that possibly be fair to victims? Also, the maximum sentence for the offence of dangerous driving per se is two years’ imprisonment, but that offence often causes paralysis; it leaves people in wheelchairs, their lives ruined, yet the starting point is 12 months.

There is no evidence that the proposed policy will encourage people to plead guilty even earlier.

[Anna Soubry]

Will the hon. Gentleman give way?

[Karl Turner]

No, I am sorry, but there is not sufficient time.

There is no evidence to support this proposal. I suspect that the Prime Minister will kick this bonkers idea into the long grass pretty soon. Drop it now.