European Convention on Human Rights: UK Membership

Debate between Crispin Blunt and Jeremy Wright

Tuesday 26th April 2016 Commons Chamber

[The Attorney General]

It is, of course, an immense pleasure to see the hon. Gentleman too. I pass over what I am sure my hon. Friends, at least, will regard as the supreme irony of being lectured by a member of the Labour party about unity and common purpose.

What the hon. Gentleman will find is that I am saying, the Home Secretary is saying and the Lord Chancellor is saying that the status quo on human rights law is not acceptable so we are bringing forward proposals for reform. We will do that when they are ready. The contrast is marked between what Conservative Members say, which is that there is a deficit of common sense in much of human rights law, and what Labour Members say, which is that the status quo is fine, all is well and we should leave it all alone. The hon. Gentleman will find that many of his constituents, like many of mine, do not think the status quo is acceptable and do wish to see reform. That is what we had a mandate for in the general election, and that is what this Government will deliver.

[Crispin Blunt (Reigate) (Con)]

Does not this unholy muddle demonstrate the trouble we get into when we contract out our policy to the tabloid leader writers? Is it not the truth that the simplicities that suit them override this immensely complex issue and that our nation should send out a message about our commitment to human rights through an unswerving commitment to the convention? The Court has been made to work better over the course of the past four years, not least by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) in Brighton in 2012. The Court is learning its lessons; let us work with it and not undermine it, and human rights, in the process.

[The Attorney General]

I entirely agree with my hon. Friend that these are not simple matters and that there is huge complexity here, and it would be quite wrong to attempt to reduce this debate to simplistic statements. However, it is also right that our commitment to human rights is not limited to our signature on pieces of paper but is explained and demonstrated in the actions that we take.

I have set out some of the actions that this Government have taken as well as those that the previous Government took, in conjunction with the right hon. Member for Orkney and Shetland (Mr Carmichael) and others. I have mentioned some of the things that we have achieved, and there have been others. We were the Government, in coalition with the Liberal Democrats, who reduced the maximum period that someone can spend in detention without charge to 28 days. We were the Government, too, who abolished ID cards. These are pro-human-rights measures. We demonstrate our commitment to the protection of human rights by what we do.

Criminal Justice and Courts Bill

Debate between Crispin Blunt and Jeremy Wright

Tuesday 17th June 2014 Commons Chamber

[Jeremy Wright]

I am grateful to my right hon. Friend. He makes a very good point. That is one of the things that we need to look at carefully in considering whether to pursue the ideas that my hon. Friends the Members for Shipley and for Bury North are putting forward in new clause 34. We will continue to do that work and to keep the legal framework under careful review. However, I hope that my hon. Friends will understand that, for the reasons I have given, I cannot accept the new clause today.

New clause 35 seeks to extend the offence in section 5 of the Domestic Violence, Crime and Victims Act 2004—causing or allowing a child or vulnerable adult to die or suffer serious physical harm—so that it applies to causing or allowing any person to die or suffer serious physical harm. I understand that the intention of my hon. Friends is to create a new form of joint enterprise offence. As they will readily recognise, the law on joint enterprise is complex. It forms part of the common law on secondary liability and requires a common purpose between two or more people, resulting in each of them being liable for any offences which might be committed in pursuit of, or as a consequence of, that common purpose.

The offence under section 5 of the 2004 Act, by contrast, is not an offence of joint enterprise. Under the section 5 offence, the person who allows the death or serious physical harm is liable on the basis that he or she failed to take such steps as he or she could reasonably be expected to take to protect the victim from a foreseeable risk of serious physical harm, and not necessarily because he or she shared some common purpose with the person who caused the death or serious physical harm.

The important point about the section 5 offence is that it applies only to members of a victim’s household who had frequent contact with the victim, and could therefore reasonably be expected to have been aware of a risk of serious physical harm to the victim, and to have protected the victim from such harm. The offence therefore covers domestic situations in which members of the household may feel under pressure to remain silent to protect themselves and other members of the household.

I am not persuaded that it would be right to extend section 5 in the way that is suggested, not least because it is not an offence of joint enterprise. Moreover, the Government in 2004 deliberately limited the section 5 offence to the special circumstances that pertain when a person, whether a child or a vulnerable adult, who particularly needs the protection of the law is within the sanctuary of their own home. It has been used successfully in a number of cases, most notably that of baby Peter Connelly. We believe that such circumstances deserve special and extraordinary measures that are separate from the norm.

In addition, the section 5 offence does not require the person who allowed the death or serious physical harm to have been present at the time of the unlawful act, but simply to have been a member of the same household who had frequent contact with the victim, and could therefore reasonably be expected to have been aware of a risk of serious physical harm to the victim. If the allower had to be present at the time of the unlawful act, as the new clause requires, it would raise more difficult evidential requirements for the prosecution in a baby P-type case. My hon. Friends’ new clause would therefore detract from the usefulness of the offence in the specific circumstance at which it is aimed, and it would not necessarily be workable in a wider context. For that reason, I am afraid I cannot accept it.

New clause 36 would change the scope of the offence under section 4A of the Public Order Act 1986 of intentionally causing harassment, alarm or distress to others by using

“threatening, abusive or insulting words or behaviour,”

meaning that “insulting” words or behaviour are no longer captured. My hon. Friends’ intention may be to bring that section of the 1986 Act in line with a similar amendment to section 5 of that Act, which came into effect earlier this year. There are, however, significant differences between the section 5 offence and the more serious and deliberate offence made out under section 4A. The latter requires proof of intent to cause harm to another person, and proof that such harassment, alarm and distress were actually caused to another person. Those differentiating features make it much more serious and significantly raise the threshold of what must be proved. In the light of that higher threshold, the Government do not agree that excluding “insulting” words or behaviour is justified.

Furthermore, during the long-running campaign that culminated in the change to section 5, one key argument put forward by those seeking to remove “insulting” was that removal would not have a negative impact on minority groups because the police had more appropriate powers available to deal with such unacceptable behaviour under section 4A of the 1986 Act. Having accepted that argument as part of the reasoning behind the removal of “insulting” from section 5, it does not seem sensible to remove the protections provided by retaining “insulting” in relation to words and behaviour in section 4A.

For new clauses 6 and 7 I pay tribute not just to my hon. Friend the Member for Enfield, Southgate (Mr Burrowes)—to whom generous tribute was paid by my hon. Friend the Member for Enfield North (Nick de Bois)—but, preventing his modesty from excluding the facts, to my hon. Friend the Member for Enfield North. He has done a huge amount to raise awareness of knife crime concerns, and few people in this place have done more to enhance the safety of the communities they represent, and indeed other communities, by a single-minded focus on this issue.

As my hon. Friend knows, the Government have done their bit on this subject. We have a comprehensive plan in place under the ending gang and youth violence programme, and—in no small measure down to his efforts—we extended new offences of threatening with a knife or offensive weapon in a public place or a school to young people as well as adults, and introduced a minimum sentence for those offences. We have stopped simple cautions being used for possession of a knife in the absence of exceptional circumstances, and as he knows, we are legislating further on cautioning in the Bill. We have taken this issue seriously throughout, and will continue to do so.

[Crispin Blunt (Reigate) (Con)]

When some of those measures were passed, full consideration was given to their consequences. What would be the consequences for the prison population of accepting new clauses 6 and 7?

[Jeremy Wright]

As my hon. Friend and distinguished predecessor will understand better than most, these are not Government new clauses and therefore they do not come with the same assessments. He will appreciate that the two different new clauses would have different effects, but if the House of Commons decides that those changes should play a part in the Bill, we will make all the necessary assessments. He will also understand that the Government’s clear policy is to ensure that the right people are in prison and that the courts have the opportunity to send the right people to prison whenever they deem that appropriate. The way to deal with and reduce the prison population is, very straightforwardly, to ensure that reoffending is reduced and that people do not continue to return to custody. My hon. Friend began the good work in that regard.

--- Later in debate ---

[Crispin Blunt]

I do not understand how my hon. Friend can vigorously oppose new clause 34, despite its evident merits—and on which I unusually agree with my hon. Friend the Member for Shipley (Philip Davies)—because it has not been fully considered, and not come out with a similar line about the cost of the measures before us, which ought to be part of our full consideration before we make our decision.

[Jeremy Wright]

My hon. Friend is right that if he is in agreement with my hon. Friend the Member for Shipley (Philip Davies), he does have me worried. He will appreciate that the arguments on new clause 34 are rather broader than its cost implications. As I have set out already, we cannot accept it at this stage for several reasons, and that is different from a specifically cost-related calculation.

I note that new clauses 6 and 7 contain some minor, technical flaws that would need to be addressed if either were to receive the approval of the House today. As my hon. Friend the Member for Enfield North knows, his objectives have considerable support among Conservative Members. However, as he also knows, although both coalition parties are fully committed to protecting the public, policy agreement has not been reached on these new clauses, so it will be for the whole House to decide on the conclusion to this debate. So that that debate may continue, I shall finally say that I hope that the House will support—

Oral Answers to Questions

Debate between Crispin Blunt and Jeremy Wright

Tuesday 19th March 2013 Commons Chamber

[Mr Crispin Blunt (Reigate) (Con)]

The Government’s proposals for the reform of probation offer the prospect for probation officers to be able to deliver rehabilitation in a much more effective, creative and positive way. However, they will be working for a multitude of different organisations, which will mean that all the things that bind the probation service together will have to be strengthened. What proposals does the Minister have in mind for that, if he can say anything before he announces the response to the consultation?

[Jeremy Wright]

My hon. Friend is right to say that there will be a variety of different organisations providing rehabilitation services for which those currently employed by the probation service might end up working, and I hope very much that we will retain the skills within the system. He is also right that the proposals present the opportunity for increasing the professionalisation of the probation service of which he is a great champion, and we want to ensure that those proposals are not overlooked in the consultation process and beyond.

Oral Answers to Questions

Debate between Crispin Blunt and Jeremy Wright

Tuesday 5th February 2013 Commons Chamber

[Jeremy Wright]

The hon. Gentleman knows that what we announced was to investigate the feasibility of a large prison. We also announced that we will build 1,200 places or thereabouts at prisons that already exist. We will look carefully at all proposals made to us for suitable sites for a large new prison. As the hon. Gentleman knows, one possibility is a site in north Wales, which councillors in his area are extremely keen that we consider carefully.

[Mr Crispin Blunt (Reigate) (Con)]

In widening the system’s capacity for delivering work, what progress has the Minister made with getting ONE3ONE Solutions on to the Government’s preferred supplier list?

[Jeremy Wright]

My hon. Friend will know that we are very keen to look not just at direct contracts from Government work but at other work for ONE3ONE Solutions to pursue. We want to make sure, of course, that there is a balance to ensure that ONE3ONE Solutions is not closing out jobs that could be provided to British firms elsewhere. We will want to make sure that it has the maximum opportunities to pursue those jobs within prison that will help prisoners learn skills—both hard skills and soft skills—as this was an agenda that my hon. Friend was successful in pursuing as my predecessor.

Oral Answers to Questions

Debate between Crispin Blunt and Jeremy Wright

Tuesday 18th December 2012 Commons Chamber

[Jeremy Wright]

The hon. Lady is right to draw attention to that report, which deals with the interests of children who have been in care. We will study it in detail and respond accordingly, but the report makes the point that this is not simply about money—it is also about attitudes. A great deal of work needs to be done to ensure that we meet our very important responsibility to those children who have been in care, who have particular requirements. We will consider the report and respond accordingly.

[Mr Crispin Blunt (Reigate) (Con)]

One of the particular pleasures that I had as Minister with responsibility for probation was to attend the awarding by the British Quality Foundation of the gold medal to the probation service. I know that the Minister and his colleagues are preparing exciting proposals with great opportunities for the development of probation as a profession, but further measures will be needed to support that, which I hope he will consider alongside the proposals that he will announce in due course.