All 2 Debates between Barry Gardiner and Tom Pursglove

Mon 28th Feb 2022
Police, Crime, Sentencing and Courts Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendments

HM Passport Office Backlogs

Debate between Barry Gardiner and Tom Pursglove
Thursday 12th May 2022

(2 years, 6 months ago)

Commons Chamber
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Tom Pursglove Portrait Tom Pursglove
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We do, of course, encourage people, as standard, to apply in good time for passports to be processed and to be available. The point I again make is that after 10 weeks of proof of travel, within two weeks the upgrade is free, but if the hon. Lady could provide me with the details of the specific case in question I will happily make sure it is looked at as quickly as possible for her.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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I would like to stress to the Minister that this is not just an issue of people wanting to go on holiday. In my constituency—as you know, Mr Speaker, being so diverse as it is—people have families all across the world whom they have not seen since the pandemic. I have one elderly couple who applied before the new year, back in December. They applied, in fact, before Christmas. They were told that their passport was ready on 24 January, but that they had to send the old passport back in order to get it. By the end of March they still had not had it, by which time they had missed a niece’s wedding and, sadly, a sister’s funeral. It was only after multiple interventions that we eventually got the passport sorted at the end of last month. That is unacceptable—absolutely unacceptable.

The Minister said that 500 new staff were in place and 700 were coming, but what we really want to know is when will the Department be able to return to the three-week standard time that we all expected previously? That is the key issue and that is what our constituents need to know. He said 10 weeks from the end of June. We are way beyond the summer holidays by then. The backlog will have accumulated and those people will have lost the opportunity to go abroad. The key thing is when do we get back to that three-week period?

Tom Pursglove Portrait Tom Pursglove
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I am grateful to the hon. Gentleman, who, as ever, puts his case forcefully but entirely respectfully. When there are compassionate or compelling circumstances, steps can be taken to expedite applications where appropriate. Some of the sorts of circumstances that he mentioned would potentially be eligible in that scenario. I cannot, of course, provide an explanation on the Floor of the House for his particular case, but I will take his wider point away. On the three-week target, I will ask the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), who is responsible for passports, to write to the hon. Gentleman to set out the position and let him know his thoughts on that point.

Police, Crime, Sentencing and Courts Bill

Debate between Barry Gardiner and Tom Pursglove
Tom Pursglove Portrait Tom Pursglove
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There are no less than 161 Lords amendments for the House to consider this evening. To ensure that as many hon. and right hon. Members as possible who wish to speak can do so, I do not propose to detail all the amendments in this group, as many were uncontentious and will have the support of the whole House. I will, however, outline the key Lords amendments in this group brought forward by the Government, before commenting on the two amendments in this group that were agreed by their lordships contrary to the Government’s sound advice.

I know that MPs from across the House will want to share our support for the family and friends of PC Andrew Harper and their campaign to strengthen the law so that no other families go through the same heartbreak they have suffered. We were therefore pleased to announce our amendment in the other place, following our commitment to look at what action may be possible in this area. Lords amendment 1, known as Harper’s law, will impose mandatory life sentences on those convicted of unlawful act manslaughter where the victim is an emergency worker acting in the exercise of their functions as such a worker. The amendment will apply to adult offenders and 16 and 17-year-olds. The amendment will also contain judicial discretion for the court to impose an alternative sentence in exceptional circumstances.

In the case of Andrew Harper, the court did not impose life sentences on any of the defendants. Each received sentences of between 13 and 19 years for manslaughter—sentences that were subsequently upheld by the Court of Appeal. They will all be incarcerated for a significant period, but the Government believe that where a person is convicted of unlawful act manslaughter and the person who has been killed is an emergency worker, that should be punished with life imprisonment, except where there are exceptional circumstances relating to the offender or the offence.

The successful campaign of Lissie Harper, PC Harper’s widow, and the Police Federation drew this issue to the Government’s attention, and we are grateful for that. Lissie has shown incredible bravery, fortitude and courage in campaigning for this change, and I know that it has had a profound impact on Members from all parts of the House and on our constituents in communities across the country, who have come together to support this change.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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Will the Minister simply confirm that where an emergency service worker is off duty but an emergency occurs and they respond to that emergency, Harper’s law will apply to them?

Tom Pursglove Portrait Tom Pursglove
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I am grateful for the hon. Gentleman’s question. If the scope of this measure was restricted to mandatory life sentences in situations where the emergency worker was directly responding to the unlawful act at the heart of the offence, it would not capture all the cases in which this Government believe the mandatory life sentence should apply. For example, offender A injures a defendant during a fight and, in their attempts to escape the scene, they run over the responding paramedic, who is on their way to save the life of the person injured by person A. In another scenario, offender B commits exactly the same actions, but in fleeing the scene, they run over and kill a police officer responding to a separate incident a mile down the road.

Both defendants have committed the same unlawful act, and in the same dangerous circumstances, and both have caused the death of an emergency worker as a result, but the grounds for implementing the mandatory life sentence would be based on the pure happenstance that one emergency worker was responding to that specific unlawful act, and the other was not. That disparity in sentencing would not accurately reflect the Government’s aim to ensure that those who commit the unlawful act manslaughter of emergency workers who are exercising their functions face a life sentence.

It is also worth setting out for the House’s benefit who counts as an emergency worker. We will define emergency workers in the same way as the Assaults on Emergency Workers (Offences) Act 2018 and section 68 of the Sentencing Act 2020. This definition includes police officers, prison officers, National Crime Agency officers and those employed in fire services, search and rescue services and frontline NHS health services, among others.

Barry Gardiner Portrait Barry Gardiner
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The Minister has given us a great deal of information, but has not actually answered my specific question. I am happy for the Minister to continue, and if he can get assistance from the Box and answer it later, I will be very content.

Tom Pursglove Portrait Tom Pursglove
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If I may, in the wind-up, I will happily clarify for the House’s benefit the point that the hon. Gentleman has raised. The points that I have put on the record are relevant, but I want to ensure that the House has complete clarity around those matters as we move forward.