Oral Answers to Questions

Damian Green Excerpts

Tuesday 6th May 2014 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

1. What assessment he has made of the effectiveness of sentencing policy in tackling the problem of violent and extreme online pornography.

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

Offenders convicted of possession of extreme pornographic images, including violent pornographic images, face a custodial sentence of up to three years. Sentencing in individual cases is at the discretion of the courts. Although there are only a small number of convictions for that offence each year, I believe that it is effective in tackling the proliferation of these images.

[Diana Johnson]

Is not the problem that existing legislation on violent pornography has been too narrowly interpreted, with only 310 prosecutions in the past three years? Rape Crisis South London has said that there is evidence of the easy availability of serious sexual violence on rape porn sites. I know that the Government are about to ban realistic rape porn online, but not staged child rape scenes. Why not, as the Prime Minister promised, bring online and offline in line?

[Damian Green]

We agree with the hon. Lady’s underlying point that the current offence is too narrow. That is why we are legislating to extend the terms of the existing offence to criminalise the possession of images depicting rape and other non-consensual penetrative sexual activity. As she knows, we introduced provisions in the Criminal Justice and Courts Bill to criminalise the possession of such images, and those provisions received broad cross-party support at the Commons Committee stage. I hope that she and those on the Opposition Front Bench will continue to welcome that.

[Mr Nick Gibb (Bognor Regis and Littlehampton) (Con)]

When considering sentencing policy for those guilty of observing or engaging in violent behaviour, will the Minister reconsider the Department’s policy of moving violent offenders such as Michael Wheatley to open prisons like Standford Hill in Kent? He will be aware of a pattern of absconding that has taken place in Ford open prison in my constituency, including by Derek Passmore and Paul Flint, both of whom were convicted of murder, and one of whom had already absconded from an open prison.

[Damian Green]

I am sure that many Members across the House will share my hon. Friend’s concern about people absconding. As we have heard, the number of people absconding from open prisons has, of course, gone down, but I hope he is reassured that we are in the process of making the conditions for those sent to open prison tougher, both in qualifying to go to open prisons, and in the punishments received for breaking the terms.

[Jeremy Lefroy (Stafford) (Con)]

2. What assessment he has made of the consequences of the establishment of the new single family court for the operation of the justice system; and if he will make a statement.

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[Mrs Emma Lewell-Buck (South Shields) (Lab)]

14. What his strategy is for supporting victims of crime.

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

The Government are committed to providing timely and effective support to help victims of crime to cope and recover. We have implemented a new victims code that tells people what to expect at every stage of the criminal justice process. More money than ever before—up to £100 million—will be made available to provide victims with the support they need, with the majority of services commissioned locally by police and crime commissioners. We are also piloting pre-trial cross-examination to help vulnerable victims and witnesses give their best possible evidence, without subjecting them to the full atmosphere of the courtroom. The first cross-examinations were recorded last week.

[Mrs Lewell-Buck]

I thank the Minister for his response. He has just reiterated what he said in March, which was that the Government plans for victim support and for supporting families of pre-2010 homicide victims will be dealt with by PCCs. However, I am a little confused because in a recent letter to me, the Minister seems to suggest that that will no longer be the case. Will the Minister please clarify his new position and explain what has changed his mind?

[Damian Green]

Most services will be commissioned by PCCs, but I am absolutely determined that the families of pre-2010 homicide victims should not be disadvantaged in any way, which is why I have made the decision that, if necessary, there will be back-up from a national fund so that no victims will lose out.

[Chris Skidmore (Kingswood) (Con)]

Victims of crime, the families of Ross and Clare Simons who were tragically killed by a disqualified dangerous driver with a raft of previous convictions, would like to thank the Secretary of State for his support for their campaign, Justice for Ross and Clare—as well as Members of this House who took part in a Backbench Business debate on dangerous driving in January—as shown by his significantly increasing sentences for those who kill or maim while driving dangerously while disqualified. What will be the legislative timetable for putting those sentences into law?

[Damian Green]

I am grateful for the support offered by my hon. Friend for the announcement made today by my right hon. Friend the Secretary of State. The short answer to his question is the start of next year.

[Dan Jarvis (Barnsley Central) (Lab)]

We all want a criminal justice system with victims at its heart, but will the Minister confirm that although police reports of child abuse, domestic violence and sexual offences are all rising, the number of cases going to court is falling, that rape cases last year were up but rape convictions were down, and that some victims, including a 24-year-old woman who was sexually assaulted in Hull last March, are having to endure the agony of waiting more than a year for justice? What action will the Minister take to ensure that victims feel that the system is working for them rather than against them?

[Damian Green]

The Government have taken a significant number of actions. The hon. Gentleman asked about domestic violence. The Home Secretary has commissioned Her Majesty’s inspectorate of constabulary to conduct a comprehensive review, and as result of that review, she has written to every police force to seek their support for the Home Office’s strategy to address HMIC’s findings. He talks about rape victims, and he will know that the 2014 to 2016 rape support fund has provided funding to 80 rape support centres across England and Wales, and that this year the Ministry of Justice is providing funding for two extra rape support centres on top of the 13 set up since 2010.

[Rehman Chishti (Gillingham and Rainham) (Con)]

In relation to supporting victims of crime and their families, I am delighted that the Secretary of State has now increased the sentence for those who cause death on the road while disqualified from two years to 10 years, which formed part of my Driving Whilst Disqualified (Repeat Offenders) Bill. Linked to that, the Secretary of State said that he would review sentencing for other road traffic matters. When is that likely to start, when will it be complete and will victims be able to have a say?

[Damian Green]

I am grateful for the support of my hon. Friend, who has campaigned long and effectively on this matter. The actions he wishes to see are in the process of being taken now.

[Mr Speaker]

I call Lindsay Roy—not here.

[Mr Robert Buckland (South Swindon) (Con)]

16. What plans he has to reform the criminal law in relation to child neglect.

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

Child cruelty is an abhorrent crime which should be punished severely. Every child should be able to grow up in a safe environment. We are considering ways in which the criminal law can most effectively support that, and we will set out our conclusions and next steps in due course.

[Mr Buckland]

I thank my right hon. Friend for that answer. May I urge him to introduce proposals in the next Session of Parliament that will bring the criminal law of England and Wales into line with the family law of England and Wales and recognise all types of significant abuse, including emotional abuse, which is, I am afraid, all too prevalent in the lives of many of our young children?

[Damian Green]

I am grateful for the information and campaigning verve that my hon. Friend has brought to this issue. As he knows, I have been speaking to Action for Children and other bodies that are campaigning on the issue and, as I said, he will have our conclusions in due course.

[Mark Pritchard (The Wrekin) (Con)]

17. What his policy is on the role of chaplains in prisons; and if he will make a statement.

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[Tim Loughton (East Worthing and Shoreham) (Con)]

T7. Will the Secretary of State consider following the example of Conservatives in the Canadian Parliament in putting forward a victims Bill of Rights in order to put the rights of victims ahead of the rights of criminals and put on a statutory basis a right to information, a right to protection, a right to participation and a right to restitution?

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

I am grateful to my hon. Friend for his suggestion. He will know that we now have a more all-embracing victims code than ever before. Also, with reference to getting the views of victims, tomorrow sees the first meeting of the victims panel so that the Secretary of State and I can hear face to face the experience of those who are victims and what they want to happen to future victims in the system.

[Andy McDonald (Middlesbrough) (Lab)]

T6. How many books, to the nearest thousand, sent to prisoners in 2013 were intercepted and found to include contraband?

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[Robert Flello (Stoke-on-Trent South) (Lab)]

Will the Minister join me in congratulating Superintendent Derek Lockie on and, especially thanking him for, his outstanding work for victims and victims’ organisations during his time leading the Victims’ Commissioner’s office? But does the Minister agree that the loss of such a talented and fiercely independent lead in that office is a matter of great concern?

[Damian Green]

I am happy to share the hon. Gentleman’s tribute to, I assume, his constituent, Mr. Lockie, but I do not share his worries because I know that independence and feistiness are still more than fully available in the Victims’ Commissioner’s office in the form of the Victims’ Commissioner, whom I look forward to both working with and being held to account by in the coming years.

[Philip Davies (Shipley) (Con)]

Does the Minister accept that most of the public think that open prisons are for people such as Lester Piggott rather than people serving 13 life sentences? Given that in a recent parliamentary answer that I received it emerged that 643 people are serving life sentences in open prisons, will he go back and assess each and every one of those cases to ensure that the open prison is the appropriate place for those prisoners, because I do not believe it is?

[Lilian Greenwood (Nottingham South) (Lab)]

My constituent Dr Heather Peto had her whistleblowing and discrimination case struck out by an employment tribunal judge because, she contends, the respondents’ lawyers deliberately withheld documents adverse to their case. Will the Minister advise me on how my constituent can request a police investigation, given that employment tribunal rules do not permit their judges to refer such matters to the police and the police will investigate only on the basis of just such a referral?

[Damian Green]

As with any other citizen of this country, if the hon. Lady’s constituent has evidence of criminal behaviour, she should take it to the police directly.

[James Morris (Halesowen and Rowley Regis) (Con)]

Does the Secretary of State agree that now is the time to introduce a mandatory prison sentence for those caught in possession of a knife so that we can send the strongest signal that carrying knives is unacceptable and will be punished?