Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

As I have already said in my answer, the most serious offences—murder and so on—are already covered by the unduly lenient sentence scheme. We have extended it twice in the past few years, but we are talking very closely to my right hon. and learned Friend the Attorney General about looking at other opportunities to extend the scheme.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Secretary of State will know that I regularly write to him about unduly lenient and unduly severe sentences, but I never ever seem to get a reply. The fact is that too many women are locked up for non-violent offences for long periods of time, and that is the sort of case that I write to him about. Why do we never get any comeback?

[Mr Speaker]

It is reassuring to know that I am not the only person to whom the hon. Gentleman regularly writes. I am grateful to him for confirming that important fact on the Floor of the House.

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[Lucy Frazer]

The review of legal aid will be important. We will be inviting a number of independent experts to give evidence so that we can make the necessary decisions.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Secretary of State will know that even in the best justice systems there are miscarriages of justice. Will he therefore pay attention to the fact that so many people who are later found to be innocent and have their sentences quashed, having spent years in prison, never get any compensation?

[Mr Gauke]

The hon. Gentleman raises an important point. If he wants to raise a specific case, I am happy to meet him to discuss it.

Joint Enterprise

Barry Sheerman Excerpts

Thursday 25th January 2018 Commons Chamber

[Lucy Powell]

I fully agree with my hon. Friend. We know it is at least that sort of figure—we do not have accurate figures.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I congratulate my hon. Friend on securing this debate. This crucial issue is a priority for the newly formed all-party parliamentary group on miscarriages of justice.

The particular case of Alex Henry is of great importance. I chair the Westminster Commission on Autism, and several people in this ghastly predicament are on the autism spectrum and have been taken totally out of care.

[Lucy Powell]

I thank my hon. Friend for raising that particular case, and I know the family are here today. The case has many of the hallmarks that we will come on to discuss.

We are now seeing a new generation of joint enterprise lifers in prison. The Supreme Court says it is

“the responsibility of the court to put the law right”.

But many of us have come to the conclusion that the criminal justice system will not right itself, and is not righting itself, in relation to joint enterprise, and that we need to act. That is why Members on both sides of the House have joined together to send a strong signal both to the Government and to prosecutors and others that the way in which we continue to apply the law and the incredibly high bar that has been set for previous unsafe convictions to be reheard need to be redressed.

--- Later in debate ---

[Robert Neill (Bromley and Chislehurst) (Con)]

I join every other Member in welcoming you back to the Chair, Mr Deputy Speaker.

I congratulate the hon. Member for Manchester Central (Lucy Powell), my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) and the right hon. Member for Tottenham (Mr Lammy) on securing this debate. I wish to speak for several reasons. First, as Chair of the Justice Committee, I think it is important that we keep this matter under review. The Committee has given some consideration to this matter in the past, and no doubt we will again.

Secondly, throughout my adult life, I have been a practising barrister. I concern myself very much with the justice system because it is something of which I am part and in which I believe. A belief in that system was one reason why I came to this House. It is massively important that it does what it is supposed to do—that it does justice and that we get it right. Where we fail to get it right, we should not be afraid to say so.

Thirdly, I have a constituent—I think their partner is in the Public Gallery today—who is serving a life sentence, with, I think, a 23-year tariff, as a result of the application of the joint enterprise principle to a case of murder. He made no bones about the fact that he had been party to an offence of dishonesty, but was convicted of murder, by the application of the joint enterprise principle, as a result of the act of violence perpetrated by another individual. Therefore, that case comes exactly into those with which we are concerned.

For all those reasons, this is a very important debate. I am sorry that there are comparatively few people in the Chamber today. One thing that has struck me since I have been here is how, by comparison with the past, this House takes comparatively little interest in reform of our criminal justice law. Through the ’60s and ’70s, Members of this House—either through private Members’ Bills or the pressure that they put on Government to make changes to Government legislation—effected major changes for the better in many aspects of our criminal law: reforms of the law in relation to homicide and the abolition of the death penalty; and changes to the law in relation to the criminalisation of abortion and homosexuality. A vast number of other really important matters of criminal justice reform emanated from debate in this House. Sadly, too often, that gets squeezed out in the current climate. Perhaps we should debate it rather more.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I am reluctant to intervene on such a good speech, but the hon. Gentleman knows of my interest as co-chair of the all-parliamentary group on miscarriages of justice. Does he not think that the Criminal Cases Review Commission is lacking in that it does not intervene enough, or early enough or persistently enough in these cases?

[Robert Neill]

There are a number of areas where changes are needed. I have great respect for the work of the Criminal Cases Review Commission, but I am conscious that it is under pressure both in terms of resource and of its terms of reference. It would not be unreasonable to look at that. Miscarriages of justice do occur. I know that full well because I vividly remember prosecuting one once—not in a murder case, but in a rape case. At the time, the evidence and the legal test appeared compelling, but, thanks to the work of the Criminal Cases Review Commission, evidence came to light, and I had no hesitation in not seeking to resist the appeal when it came to the Court of Appeal a second time. Its work, therefore, is really important. It is also important that it has the means to carry out its vital job, as its role is a significant one. However, there are other gaps that we must look at as well.

Everybody accepts now that there was a serious departure from good reasoning in the case of Chan Wing-Siu in Privy Council back in 1985. When one reads the case, the odd thing is that the judgment, which was described as “taking a wrong turn” in the Supreme Court, was, actually, almost not based on the principal facts or arguments that had brought the appeal to start with. The noble Lord, the member of the Privy Council, giving the judgment in that case rather went off on a tangent and developed what was then regarded as the concept of secondary parasitic accessory liability.

The matter could have been resolved perfectly well on the facts of its own case. It is set out very well in what is a very detailed judgment of a strongly constituted Supreme Court in the Jogee case. I certainly do not fault the judgment of the Supreme Court in Jogee at all. It is exceedingly well-reasoned, and it is significant that not only the then President of the Supreme Court, Lord Neuberger, but the current President, the then deputy president, Baroness Hale, were there. The then Lord Chief Justice, Lord Thomas of Cwmgiedd, took the unusual step of sitting in the Supreme Court because of his experience in criminal justice matters. Intellectually, the Supreme Court in Jogee got the answer right and said that the approach, which had encompassed so many people into secondary liability in homicide offences, was wrong. However, some practical errors remain in its application.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 5th December 2017 Commons Chamber

[Dominic Raab]

In our negotiations with the EU, we have made it clear—for example, in our position paper on civil and judicial co-operation—that we want to maintain that win-win co-operation in areas such as recognition of contractual judgments, but also on decisions in family law disputes that support businesses and individuals on all sides.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Will the Minister get out and meet more people in the justice system? I have been talking to judges, barristers and campaigners who are all terrified about what will happen to our justice system if we leave the European Union. Who is he talking to, and why does he not broaden his circle?

[Dominic Raab]

May I gently suggest that the hon. Gentleman does not engage in such scaremongering? I have been talking to practitioners, legal groups and the judiciary. We have set out our plans in our position paper, and I would have thought that he would welcome that. Through the EU (Withdrawal) Bill, which I hope he will support, we will make sure that we have a smooth legal transition.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 31st October 2017 Commons Chamber

[Dr Lee]

The European Union (Withdrawal) Bill ensures that the source rights that underpin the EU charter of fundamental rights will continue to have effect in UK law after we leave the EU. The charter was created as a collection of all the laws that the EU had passed, and it would be wrong if, post our leaving the European Union, that charter continued to be cited in any future legal case.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Can the Minister assure us that when we leave—if we leave—the European Union, human rights will very much involve the ability to put right miscarriages of justice and that the Criminal Cases Review Commission will be strengthened rather than weakened by our leaving Europe?

[Dr Lee]

I can assure the hon. Gentleman that the Government’s intention is to confirm that post our leaving the European Union—when we leave the European Union—such access to justice is available to British citizens.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 5th September 2017 Commons Chamber

[Mr Gyimah]

My hon. Friend has lighted on an important principle. Work in prison is vital to preparing prisoners for life after release—North Sea Camp has an excellent example—which is why I am supporting the New Futures Network to develop relationships between employers, governors and the world of work. I would be delighted to visit North Sea Camp in due course.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I have never heard such complacency from the Government. The Prison Service is a shambles, and at the heart of that shambles is the lack of education, the lack of literacy, the lack of numeracy and the lack of apprenticeships—services that, as they are for our Scandinavian brethren, should be in every prison. When is the Minister going to wake up?

[Mr Gyimah]

The hon. Gentleman has come back from his summer holiday with his customary passion. I agree that if prisons are to work properly we need to give people the opportunity to turn their lives around. Prison reform is important to this Government. That is why we are giving governors more control of their budgets and more freedom to implement the plans that are necessary for offenders to turn their lives around. I share his concern and his passion, and such work is a priority for this Government.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 25th April 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right about that, and I would add to that list by saying that family law co-operation is also extremely important. We are working very closely with the legal profession, a working group is looking at working with industry across Europe, and, as I have said, this is a key priority as part of our Brexit negotiations.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Does the Secretary of State share my concern that leaving the EU will weaken our power on extradition? She will know that I have been dealing with a case of someone who fled to Pakistan after killing 11 members of a family, and we have been working across Europe to try to bring this man back. He is now in prison in Pakistan. Will our getting out of the European Union hamper extradition in the future?

[Elizabeth Truss]

We are working very closely with the Home Office on criminal justice co-operation, and we want to secure a good deal, but it is important that we all get behind what the British people voted for and get a secure deal with the European Union.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 7th March 2017 Commons Chamber

[Sir Oliver Heald]

Huddersfield University is known as a beacon in this area, and it has done tremendous work. I was pleased to meet some of the students during pro bono week last year. I pay tribute to them and to all the universities and other bodies that set aside time to help people with their legal work.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister will know that much good pro bono work is going on in the legal profession, but does it balance all the crooked, bent solicitors in the insurance industry who are practising in our towns and cities and who are behind the conspiracy over whiplash?

[Sir Oliver Heald]

The hon. Gentleman is right to highlight the improper behaviour that occurs in some cases. It is right that the Solicitors Regulation Authority and disciplinary tribunals take a tough line on that. We have seen some recent examples of that.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 24th January 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right that we need standards so that we can hold prison governors to account on what they are achieving. We are going to start introducing those standards from April 2017. They will include measures such as prison safety, progress made in English and maths, progress on getting offenders into employment and measuring the time out of cell in prisons.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Secretary of State will know that good rehabilitation depends on at least two things: a good probation service providing aftercare when people leave prison, and good partnerships with the business community and employers, who will give people appropriate employment to steer them on their way. We have had some good experience at Reading and other jails. Will the Secretary of State back that kind of partnership?

[Elizabeth Truss]

The hon. Gentleman is absolutely right. We know that when somebody gets into work on leaving prison, they are much less likely to reoffend. We are going to launch an employment strategy later this year to encourage more employers like Timpsons, which already does a fantastic job, to participate. We also want to get the third sector involved in that rehabilitation programme. We will also announce reforms to the probation system, and one key focus will be on how the probation service gets people into employment.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 6th December 2016 Commons Chamber

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Government Front Benchers seem to be doing a bit of sleepwalking this morning. I know that it is nearly Christmas, but can I ask them to wake up to the dangers of empowering governors too much? When the former Select Committee that I chaired looked at prison education all those years ago, we found that one real danger was that a very good system of education and training in a prison could suddenly be wiped out by a new governor who wanted nothing to do with it. We need common standards across all prisons. Is that not right?

[Elizabeth Truss]

I thank the hon. Gentleman for his question. We are being very specific about what we are asking governors to achieve in raising education standards, getting prisoners into apprenticeships and work, and improving health standards. We are specifying the what, but giving governors much more freedom over the how, because they are the people with the expertise. The officers on the landing are the ones who talk to the prisoners, and they need that freedom to be able to turn people’s lives around.

Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 6th September 2016 Commons Chamber

[Mr Gyimah]

My hon. Friend makes a very valid point. Those at HMP Lewes who are charged with sexual offences are generally held in separate units that provide suitable accommodation for their offending behaviours. Perhaps I can reassure her that the prison received £153,000 of the Government’s £12 million fund for safety, and that it plans to spend that on staff, focusing on safety and on violence reduction. There is a recruitment drive going on at the moment. Staff are being vetted and a number of staff will be starting imminently.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Surely the Minister understands that, whether it is prisoners who have been tried and convicted for crimes of a sexual nature or prisoners with mental health and other problems, it is the quality of the management of our prisons that must give us all great concern. When my Select Committee looked at education in prisons, we kept coming back to the fact that the culture of the prison comes from the top and is supported by well trained and well educated prison officers.

[Mr Gyimah]

On this rare occasion, I agree entirely with the hon. Gentleman—the quality of leadership in a prison makes a huge difference to the regime. It makes a huge difference to how staff are inspired and to the rehabilitation of offenders. That is why Government Members are arguing for prison reform to empower governors, give them control of budgets and enable them to get local resources to meet the needs of offenders.