Terrorist Offenders (Restriction of Early Release) Bill

Daisy Cooper Excerpts

Committee stage & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading & Committee: 1st sitting
Wednesday 12th February 2020 Commons Chamber

[Daisy Cooper (St Albans) (LD)]

I am not seeking to press new clause 3, but I am seeking reassurances from the Minister relating to the purpose behind it and a commitment to post-legislative scrutiny.

In my earlier remarks, I made the point that fast law can be bad law. In the absence of an opportunity for thorough pre-legislative scrutiny, we absolutely must have post-legislative scrutiny. There are relevant examples of where this has happened: the Immigration Act 2014 was controversial, so it contained the same requirement as exists in new clause 3; and the Data Retention and Investigatory Powers Act 2014, which was rushed in in response to a court ruling, included a sunset clause of 18 months. I am not asking for a sunset clause, but new clause 3 sets out clearly that we would like the opportunity for a statutory review after one year. The person conducting that review should be appointed after consultation with the independent reviewer of terrorism legislation and they should have professional experience relating to imprisonment for offences of terrorism.

New clause 3 does not seek to outline the scope of such a statutory review, but I would like to give the Committee some examples of the kind of matters that could be covered by it. Such a statutory review could ask whether the extra time the terrorists spend in prison is being used to de-radicalise them. Are they actually receiving an effective de-radicalisation programme or, on the contrary, are they potentially becoming more dangerous? It could look at whether the Parole Board has the resources to cope with the extra demands put on it. It could look at whether terrorist prisoners are being failed by the Parole Board and whether they are being released at the end of their sentence without any supervision on licence. It could look at whether the probation service has the staff and resources it needs to ensure effective supervision during the shorter period that offenders spend on licence. It could also perhaps look at whether the change in the release point affects the sentencing decisions made by judges.

As I said earlier, there is a risk that because of the lack of opportunity for pre-legislative scrutiny there is the possibility that this becomes a law of unintended consequences. I know there are proposals for legislation down the line, but we also know that legislation can get delayed. It would be absolutely right for the House to insist on post-legislative scrutiny by virtue of a one-year statutory review. Who knows, the review might even identify things that could be included in future legislation.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I speak in sympathy with all the amendments for the reasons I shall give. In respect of the amendment tabled by my hon. Friend the Member for Stone (Sir William Cash), it is important that we anticipate the likely counters to this proposed legislation that will perhaps come from malign forces in the other place and outside it. There are people who will seek to frustrate the Government in their attempt to the right thing.

[Daisy Cooper]

I note that the right hon. Gentleman says there are malign forces. I ask him to recognise that there are those of us who hold public and national security front and centre in our roles in the House, and that some people may be looking not to frustrate but improve the Bill by ensuring it complies with human rights law.

--- Later in debate ---

[Sir John Hayes]

We have well-established mechanisms, of the kind I have just described, for doing exactly that. Sometimes the Government build a review mechanism into legislation, but much more often the Committees of this House designed for that purpose consider the effectiveness of what the Government do and how legislation is working. Our Select Committee structure is now long established in the House—even longer established than my hon. Friend the Member for Stone—and fulfils that function well. Particularly in respect of legislation relating to terrorism, the Intelligence and Security Committee has, time and again, played an important role in considering these matters, reflecting, reporting, and influencing Government policy, as I know from my time in the Home Office. So I think that there is well-established practice. If it ain’t broke, why fix it?

[Daisy Cooper]

The issue is not just that there should be a review, but who should conduct that review. The right hon. Gentleman has talked about various Select Committees, which, as we know, have a very broad workload. Does he agree that it is important to ensure that there is an independent review, conducted on our behalf by someone who is independent of the House and has experience in relation to the sentencing of terrorists?

[Sir John Hayes]

We do, in fact, have an independent reviewer of terrorism legislation. In that context, I was privileged to work with Lord Carlile—a former Liberal Democrat Member of this House, by the way. So that role exists, but I do not want to underestimate the significance or value of the Committees of this House in doing their job. The ISC in particular is a well-respected Committee of the House, which has a very strong track record of looking at these matters empirically and advising accordingly. My argument is not that we should not have that kind of scrutiny; ideally, it would have been a precursor to this legislation, but we should indeed consider allowing it through the mechanisms that I have described. I invite the Minister to embrace the spirit in which I have advanced my argument.

The third and final amendment that we have heard ably articulated during our considerations this afternoon is the one in the name of my right hon. Friend the Member for New Forest West (Sir Desmond Swayne). Again, I am extremely sympathetic to the purpose of the amendment. Indeed, I might even go further, and say that “nine-tenths” is too modest. However, while my right hon. Friend’s amendment is welcome and adds pressure, if I might put it that way—he said “prodding” rather than “probing”, and I have added a third “p”, “pressure”, because I know that alliteration is dear to his heart—given that the Government have made crystal clear that in forthcoming legislation they will look at three matters, minimum sentences, maximum sentences and mandatory sentences, much of what he desires should form part of that further Government policy and practice. I hope that we can increase minimum sentences, that we can increase maximum sentences, and that we can tie to that—as the Government have said they will, as I note from comments made in the statement by the Secretary of State following the recent terrorist outrage—

Criminal Law

Daisy Cooper Excerpts

Tuesday 28th January 2020 Commons Chamber

[Chris Philp]

I would expect nothing less from my hon. Friend than a forensic and detailed question. In fact, I do have those figures. Perhaps it would be worth going through the details of how this scheme will operate and the consequential impact on the prison population and other matters. In answering his question, let me start by defining exactly what offences are in the scope of today’s regulations. We are talking about the offences appearing in parts 1 and 2 of schedule 15 to the Criminal Justice Act 2003, which could attract a life sentence. They include offences such as rape and grievous bodily harm with intent. Currently, there are three types of sentence that might be handed down for those offences. The first, which is for the most serious offences, is a life sentence with a tariff—the tariff is the minimum amount the offender will serve, after which they are eligible for release by the Parole Board at its discretion. The second type of sentence—the next most serious—is for offenders deemed by the judge to be dangerous. That is called an extended determinate sentence. For those offences, the prisoner is eligible for release after two thirds of their sentence, subject to Parole Board discretion. After release and after their prison sentence, they are subject to an extended period on licence.

The third type of sentence—the type that we are going to talk about today—is a standard determinate sentence, for which somebody is eligible for automatic release at the halfway point, with no involvement from the Parole Board. Those are the sentences that most concern the Government, and on which we are acting today.

Let me turn to the numbers. In 2018, just under 6,000—5,862 to be precise—sentences were handed down that met the criteria I have just laid out. Some people online have suggested that, mostly, these are extended determinate sentences and that today’s regulations will therefore make very little difference. That is categorically untrue. Of those 5,862 sentences, only 90 were life sentences and 243 were extended determinate sentences, but 4,735—81% of those sentences—were standard determinate sentences with automatic release at the halfway point. The vast majority of those sentences for very serious crimes had automatic release after only half the sentence. Some 84% of rape convictions had a standard determinate sentence. That means that 84% of incarcerated rapists were eligible for automatic release at the halfway point. We take the view that that is simply not right.

[Daisy Cooper (St Albans) (LD)]

The Minister has outlined that this applies to rapists, and to those accused and found guilty of grievous bodily harm.

[Chris Philp]

GBH with intent.

[Daisy Cooper]

Yes, GBH with intent—so we are talking about incredibly violent criminals. But the Government’s own assessment of these proposed laws says that they could increase prison overcrowding, introduce significant costs and lead to increased prisoner violence. The gravest risk, however, is that prisoners spend more of their sentence in prison and less time on release with a licence, which could actually lead to an increased risk of reoffending. Although we are all sympathetic to the victims of crime, who may feel like justice has not been done, we absolutely must not introduce an increased risk of violence and reoffending after offenders finish their term. Instead of talking tough on crime, will the Government follow the evidence and do what is necessary to prevent crime and reduce reoffending?

[Chris Philp]

Ensuring that this cohort of prisoners stays in prison for a bit longer does serve the public interest and public safety, because they cannot commit further offences while they are in prison. Under these measures, they will still spend a third of their sentence on licence. Of course, there is an opportunity for people to take part in rehabilitative activity while they are in prison. There will be an impact on the prison population, which I will outline in a moment, as my hon. Friend the Member for Cheltenham (Alex Chalk) asked the same question. We are making provisions to ensure that places are available so that meaningful rehabilitative work can take place, but this is about preventing crime by ensuring that serious offenders are in prison for a bit longer, and ensuring that victims’ rights are respected by making sure that the time served in prison better reflects the sentence handed down by the judge.

Assisted Dying Law

Daisy Cooper Excerpts

Thursday 23rd January 2020 Westminster Hall

[Daisy Cooper (St Albans) (LD)]

I thank my hon. Friend the Member for Edinburgh West (Christine Jardine) for securing this important and sensitive debate. Like, I am sure, other MPs, I have received a good number of emails on this subject. Many asked me to speak in favour of assisted dying, and many asked me to speak against it.

It is of huge regret to me that previous debates on such a sensitive and, for many people, deeply personal issue have become such polarised “for and against” discussions. Those who are for it refer almost exclusively to the need for people to be empowered while they still have the capacity to take the decision, so that they do not have to suffer an undignified and painful death. Those against raise concerns about the safeguards.

During the election campaign, I met a couple who pleaded with me not to vote for assisted dying. They told me about their disabled child, a child born disabled and with a life-limiting disease. She was predicted to live only a few years, but despite medical predictions, she has lived for many years and become a happy and joyous little girl. They told me about their fears that a permissive law on assisted dying could have been used to end her life even before she had had a real chance to start it. As a disability rights campaigner myself, I know that those living with a disability, or with experience of disability in their family, must be heard.

Both sides quote polls and “evidence”. One side says that it has the medical community on its side; the other says that it has police enforcement representatives on its side. For my part, I agree that the current state of the law is letting some people down, but everything that I have read over the years and recent representations from particular constituents mean that I say this with caution. As a new MP, I honestly do not know which way I would vote if there were a vote tomorrow, and I believe that scores of other MPs are in the same position as I am. And it is precisely because I do not know which way I would vote that I am in total agreement with this motion. For all of us as MPs and for the House as a whole to take an informed view, there must be an independent inquiry, so that we can take an evidence-based approach to the impact of the current law and enable those who would be most affected to be properly heard.