Yorkshire Devolution

Debate between Dan Jarvis and Philip Davies

Tuesday 9th January 2018 Westminster Hall

[Dan Jarvis]

I am grateful to my hon. Friend and neighbour, with whom I agree. The people of Barnsley and Doncaster were given a very clear choice of whether they wanted their local authority to pursue a Sheffield city region deal or a wider Yorkshire deal. I am very pleased that the people of Barnsley and Doncaster made their voices heard. Some 85% voted in favour of a wider Yorkshire deal, and in doing so endorsed the approach that their council leaders had taken. They showed those of us who proudly represent the people of Yorkshire and the Humber the scale of their ambition for devolution. For those of us who represent Barnsley and Doncaster, our marching orders are clear.

[Philip Davies (Shipley) (Con)]

Will the hon. Gentleman give way?

[Dan Jarvis]

I will give way in just one moment, once I have given the marching orders as they have been sent to those of us representing Barnsley and Doncaster. The marching orders are thus: go back to the Government and get the deal the people want.

[Philip Davies]

Would it not have been more helpful if the community poll had been held before Doncaster and Barnsley signed up to a South Yorkshire deal? In fact, it seems to me that the community poll showed that they had been so badly led by the Labour leaders in Barnsley and Doncaster that they had signed up to something that they clearly did not want. Surely the community poll should have been held before they signed up to the deal, not afterwards.

[Dan Jarvis]

If I might say so, I think that is a very strange interpretation of the result. The result was a decisive mandate for the leadership of Barnsley and Doncaster councils and a clear endorsement of the wider Yorkshire deal. It is absolutely right that we listen to what the people have told us. If we do not, we will be failing not only to listen but to understand that, right now, for parts of the country and particularly in the north of England, as I hope the hon. Gentleman would acknowledge, the status quo is not delivering. People are disillusioned, and they have a right to feel that way. Just over 18 months ago, the people of Barnsley and Doncaster overwhelmingly voted for Brexit, in part because they felt powerless and in part because they felt tired—tired of being left behind and powerless to do anything about it. It is not hard to see why. Not only do the people of Yorkshire receive an income that is 80% of the national average, but they also receive £300 per head less in terms of public spending, which results in education and health outcomes lagging well behind those of more prosperous regions.

Educational Attainment: Yorkshire and the Humber

Debate between Dan Jarvis and Philip Davies

Monday 18th April 2016 Commons Chamber

[Dan Jarvis]

I absolutely agree. In every respect, it is a great thing to be born in the great county of Yorkshire. That is something around which we can unite—[Interruption.] It is something around which many of us can unite, Mr Deputy Speaker. I have to admit to the House that I did not enjoy that privilege, but my hon. Friend makes an important point. For so many Labour Members—other Members can speak for themselves—the basic, fundamental principle that brought us into politics was that where someone grows up should not determine where they end up. That is the essence of this important debate.

[Philip Davies]

I certainly agree with the hon. Gentleman about the need for better careers advice. Does he agree that it is also important for people to have realistic but inspirational role models so that they can see that there is a path to a better life and that they can achieve what they want, whatever their background? A good role model is a great way of demonstrating that to people.

[Dan Jarvis]

I agree with the hon. Gentleman. One thing that I have observed about the culture in Yorkshire and the Humber is that people are often quite reticent about talking themselves up. We have a real responsibility to the next generation of talent. When I visit schools in my constituency, I make the point that people from Barnsley Central have gone around the world, achieved great things and shaped the world in which we live today. I agree with the hon. Gentleman that we all have a responsibility in our communities to make the powerful point that the most amazing success stories have come out of our area, and we should never be shy about championing the success of people from our region.

I have reflected on the Gatsby Charitable Foundation’s career guidance report. It is also worth reflecting briefly on the recent report by the House of Lords Select Committee on Social Mobility. That excellent report makes detailed comment about improving the transition from school to work for young people. One recommendation, that the Government should look closely at, is for Ofsted to place greater emphasis on the provision of careers education.

Criminal Justice and Courts Bill

Debate between Dan Jarvis and Philip Davies

Monday 12th May 2014 Commons Chamber

[Philip Davies]

My hon. Friend is absolutely right. I am sure we are all excited at the prospect of hearing what the hon. Member for Cambridge will have to say about these particular two new clauses and whether he thinks it is suitable for people who are about to be deported to be moved into open prisons and released on temporary licence so that they can walk out willy-nilly. Knowing him as I do, I am sure he thinks it is quite right for them to be moved to open prisons and released on temporary licence. We await his comments with baited breath. If he were to agree with me, there is no doubt whatsoever that it would be a red letter day. At that point, I think I would be able to claim that my new clause had the support of the House.

The clue to my new clauses is in the title: if someone is liable for deportation following an offence, I do not understand what grounds there can possibly be for releasing them on resettlement licence. The whole justification for resettlement day and night release is that it is supposed to help prisoners reintegrate into the area by re-establishing links with family and the local community. To be honest, I am not a fan of that at the best of times—given that many offenders spend so little of their sentence in prison anyway, I cannot believe that so many of them are not in prison when we think they are—but giving a resettlement licence to someone liable to be deported is utter madness. I cannot for one second understand the logic of it and I would be amazed if anybody could find any support for the idea from any quarter.

New clause 38 would make those liable for deportation ineligible for resettlement licence, and new clause 37 would ensure they were not allowed to be moved to open prisons. I cannot believe that I even needed to table these new clauses—I would have thought they were basic common sense—but I believe this change is essential to remove the much greater risk of these offenders absconding, knowing that they are likely to be deported at the end of their sentence in any event.

New clause 39 states:

“No prisoner serving a sentence for murder can be moved to a Category D prison.”

New clause 40 states:

“No prisoner serving a sentence for murder can be eligible for resettlement licence.”

There is nothing much more serious than dealing with the case of someone who has been murdered. The individuals who have committed such crimes have shown that they are capable of ending someone’s life, and there has to be a risk that they will do it again. It is all well and good saying that these people should be rehabilitated, but the risk is obviously at the highest possible end of the scale.

According to replies to further parliamentary questions, I was told that two murderers are still on the run, having absconded from open prison a few years ago, and that 106 offenders serving sentences for murder have absconded in less than 10 years. Those are not small numbers. As far as I am concerned, any murderer who absconds from our prison estate is one too many. It is absolutely disgraceful that 106 murderers have absconded from our prisons in 10 years. New clauses 39 and 40 would help to protect the public, who should not be put at risk in this way.

There are real-life, tragic examples of the risk these murderers pose. One of those terrible cases happened when Ian McLoughlin was on day release following a murder conviction, which in turn followed a conviction for manslaughter. He murdered Graham Buck, who had gone to help his neighbour. The offence was apparently committed on his first day on day release from prison after 21 years in custody. One day is all it takes. I believe that putting murderers in open prisons and giving them day release is playing with fire unnecessarily and creating unnecessary additional victims of crime. Such tragic cases should never have happened, and we need to make sure that they never happen again. I therefore hope that colleagues will support the new clauses.

New clause 41 would deny a prisoner serving a sentence for an indictable only offence from being moved to a category D open prison. According to an answer on 1 May to one of my parliamentary questions, there were more than 4,000 offenders in open prisons at the end of last year, including 1,227 who were in for violence against the person offences, 215 for sexual offences, 505 for robbery, 202 for burglary and 1,115 for drug offences. According to other answers, there are 643 life-sentence prisoners in open prisons, as well as 599 other prisoners serving indeterminate sentences for public protection. These are not the type of offenders I was expecting to find in open prisons. I believe that most of the public think that open prisons are for people like Lester Piggott, not people serving 13 life sentences.

Not only are such people in open prisons, but they are allowed to go out by being released on temporary licence. Some 611 prisoners serving life sentences were granted release on temporary licence in the last year for which figures are available, and 1,043 serving indeterminate sentences for public protection were granted release on temporary licence. If people serving indeterminate sentences for public protection were fit to be released from prison, they would have been released. That is the whole point of indeterminate sentences. The fact that they are still in prison means that, by definition, they are not fit to be released. I am at a loss to understand how those who have committed the most serious offences—those which justify a so-called life sentence—are allowed to move to open prisons in such numbers.

I also struggle with the basic concept that someone deemed too dangerous for release, in serving a sentence for public protection, is actually released on temporary licence. New clause 41 would ensure that no one serving the most serious sentences—for murder, attempted murder, manslaughter, section 18 wounding, conspiracy, robbery, rape, aggravated burglary, kidnapping, riot, blackmail and arson—could be moved to an open prison or released on temporary licence.

Finally, new clause 42 would mean that no prisoner

“serving a life sentence can be moved to a Category D prison before the views of the victim or the victim’s family have been sought and considered by the Secretary of State for Justice.”

Victims’ rights should be at the heart of our criminal justice system. A victim can be the person directly involved or the affected family. It is one thing to be a victim of a serious crime and it is another to hear the often far too low sentence handed down to the perpetrator, but it is an absolute outrage for the victim and their family to learn that the person has been released early, or is seen to have an easy life in an open prison or by being released on temporary licence.

One of the most stark examples is that of offenders who are transferred to open prisons, which must be very upsetting and concerning for victims in many cases. It is absolutely right that before considering any application for people to be moved to an open prison, particularly for those who have committed the most serious offence, victims and their families should have a formal input into, and their objections or comments should be heard as part of, the process of deciding whether or not that person should be moved.

I hear Members talking time and again about how they think that victims should be at the heart of the criminal justice system, that their rights should be paramount and that their views should be more carefully considered by the criminal justice system and the courts. This is an opportunity for them not just to come here and spout about the rights of victims and their families, but to do something about it by allowing victims and their families to play a formal part in the decision-making process. New clause 42 would ensure that victims’ voices are heard, with decisions taking into account what the victim has to say as well as the offender’s impact on them and their family.

I genuinely do not understand—I really do not—why anybody would object to this particular new clause. I hope that the Minister will say that he will support it and that the shadow Minister will also do so, so that we can send out a message from this House, on a cross-party basis, that we do not just say that we want victims to be at the heart of the criminal justice system, but have actually delivered something meaningful that will make an awful lot of difference to how victims feel about the criminal justice system.

I look forward to hearing other hon. Members’ views. I have no doubt that my new clauses command the widespread support of members of the public, and I would like to think that they also command an awful lot of support in this House.

[Dan Jarvis (Barnsley Central) (Lab)]

I will speak principally to new clause 15, which is in my name and those of the shadow Defence Secretary, my hon. Friend the Member for Gedling (Vernon Coaker), and my hon. Friends the Members for Hammersmith (Mr Slaughter) and for North Durham (Mr Jones). Before I do so, let me comment briefly on the other new clauses in this group.

The Minister will of course address the impact on the Bill of new clauses 29, 31 and 37 to 42, which were tabled by the hon. Members for Shipley (Philip Davies) and for Bury North (Mr Nuttall), but I think that there is agreement across this House that no one who poses a serious threat to the public should be in an open prison. The hon. Member for Shipley has just reminded us of the serious and much-publicised case of a prisoner absconding in recent days. Thankfully, he is now back in custody, but Ministers must explain why he was ever allowed to be in an open prison or granted release on temporary licence in the first place.

I want to make three points on new clauses 29, 31 and 37 to 42. First, we should remain mindful of the role that open prisons have played in our criminal justice system going back nearly 80 years. Except for a small proportion of offenders on whole-life tariffs, all prisoners will return to civilian life at some point, and category D prisons can help that process if they are used in the right way. The Prison Governors Association pointed out last week:

“The use of open conditions is an important factor for effective resettlement. Research suggests that reoffending rates among those released from open conditions are far lower compared to those released from closed prisons.”

Secondly, the point is to ensure that risks are properly managed so that public safety is not compromised, because this is even more of an issue today than it was four years ago. As shown by a written answer last month to the shadow Justice Secretary, my right hon. Friend the Member for Tooting (Sadiq Khan), the use of release on temporary licence has jumped by 23% since 2010. Over the same period, the Government have presided over a 57% rise in breaches in relation to those released on temporary licence. Those breaches may well be serious breaches or involve prisoners, such as Mr Wheatley, who have committed serious and violent crimes. It is therefore important that the public should receive assurances.

Thirdly, we should remember that no prisoner can be moved to open conditions without a recommendation from the Parole Board or the National Offender Management Service. Ministers must therefore answer this question: what support are they giving the Parole Board to ensure that it has proper resources to give all cases the careful consideration they need and deserve? The Government have accepted that the Bill will result in an extra 1,100 Parole Board hearings, but the Parole Board is already under severe strain. Nearly one in five staff have been cut since the last election, but although staff numbers are falling, its work load is rising. There is already a significant backlog of outstanding cases, and a recent Supreme Court ruling means that the number of oral hearings the Parole Board will have to hold is set to increase from about 4,500 per year to as many as 14,000 per year.

With that in mind, I am cautious about the blanket approach proposed by the hon. Member for Shipley, but Ministers need to assure the public that resources are in place to ensure that all decisions on moving prisoners to open conditions are properly scrutinised.

[Philip Davies]

The hon. Gentleman is about to move on, but I have not heard him mention new clause 42, which would give victims the right to have their say before a serious offender was moved to an open prison. Given that his party is talking about a victims’ law, can I take it as read that his party supports my new clause? If not, why not?

[Dan Jarvis]

I am grateful for that intervention. The hon. Gentleman can take it as read that we will look carefully at the detail of his proposal, as we always seek to do. We are consulting on these matters. The Labour party has appointed Sir Keir Starmer, QC to look carefully at these matters and he will report in due course.

I will move on to new clauses 2 and 3.

[Philip Davies]

Will the hon. Gentleman give way again?

[Dan Jarvis]

I will not give way again, because I want to move on to new clauses 2 and 3.

I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on tabling the new clauses and on the campaign that she has led on tackling child exploitation. Sexual grooming and child abduction are difficult subjects to talk about in our society, but we must remain vigilant and do all that we can to protect children and correct anomalies in our laws. As a father of three, I applaud the parliamentary inquiry that she led with Barnardo’s. There has been much support for her new clauses from police forces and leading children’s charities. That is reflected in the fact that the proposals have the backing of Members from all parts of the House. I therefore hope that the Government will give the new clauses proper consideration. The Minister said that he was sympathetic to them in Committee, so I look forward to hearing what he has to say tonight.

Amendment 20 was tabled by my hon. Friends the Member for Bishop Auckland (Helen Goodman), for Kingston upon Hull North (Diana Johnson) and for Hammersmith and myself. There is agreement on both sides of the House about the need to tackle extreme forms of pornography. In recent months, we have heard warnings from the Children’s Commissioner about how violent pornography is distorting our children’s understanding of sexual relationships, including the normalisation of sexual violence in gangs. Research by Rape Crisis South London has shown that extreme material that depicts and glorifies rape is readily available online. We therefore welcome the steps that are being taken by the Government in the Bill.

Our amendment is designed to clarify the proposals to reflect a promise that the Prime Minister made last summer. He pledged, with regard to extreme pornography,

“to make sure that the same rules apply online as they do offline.”

Our concern is that the Bill will fall short of that. We agree that a careful balance needs to be struck so that the standard for criminalising possession is very high and people’s private sexual behaviour is respected. We think, however, that the legislation would be improved by replacing the Government’s description of rape in proposed new subsection (7A) with the text used by the British Board of Film Classification—a well-established test that is already used to judge offline content.

Amendment 20 would improve the law in two ways. First, it would make it clear that the ban on possessing rape pornography extends to all depictions of rape, even if they are staged. Portrayals of actual rapes are very rare. The content that has been identified by Rape Crisis South London and the Children’s Commissioner is primarily commercial pornography with high production values, poor acting and staged violence. It is not clear whether, under the Bill, that would be deemed realistic enough to secure a prosecution. It would certainly be banned offline, which is what the Prime Minister’s promise was based on. Secondly, the amendment would ensure that content was banned if it showed rape, but not the act of penetration. I hope that the Minister will reflect on both those points and consider accepting our amendment. It would not only implement the Prime Minister’s promise, but make it clear that extreme pornography that depicts rape and glorifies sexual violence should not be permitted in our society.

Before I go into the merits of new clause 15, I pay tribute to my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty), who has campaigned so hard on this policy. It is important to recognise that the overwhelming majority of the British public are very proud of our armed forces and hold them in very high regard. We see that right across our country. Just a glance at the latest Ministry of Defence reputation survey shows that the armed forces have a favourability rating of about 85%. That is testimony not just to the way in which those in uniform serve us in theatres abroad, but to the contribution they make to our local communities.

The sad truth, however, is that not all men and women who serve our country receive such a warm welcome when they return from operational duty. I will give three brief examples. The first case was reported by BBC Radio 5 Live and involved a soldier called Lee. He was returning to his home in Bolton from a three-month tour in Afghanistan, when he was set upon by a group of drunken thugs. When the police caught up with them, the attackers said they wanted to prove “how hard they were” by attacking a soldier.

The second example relates to the London 2012 Olympic and Paralympic games—an event that would not have been possible without the help of our armed forces to make it safe and secure. There were reports of troops being advised to travel together in groups after a number of soldiers were

“attacked, verbally abused and harassed”.

In one particularly nasty case, an off-duty soldier was badly beaten by four men not far from Tower Hill tube station, after the attackers noticed that he was carrying a military bag.

Thirdly, let me briefly tell the story of an 18-year-old called Alexander, who was training to be a soldier in the Coldstream Guards. He was assaulted in August last year, when he was jumped by a gang of eight attackers as he walked through an underpass near his home in Exeter. When they saw that he was wearing his military backpack, they stopped him and asked whether he was in the forces. The gang surrounded him, kicked him to the ground and tried to attack him with a screwdriver. Alex later told his local newspaper:

“They kept shouting Lee Rigby—like they wanted to re-create what happened.”

I am sure that the whole House will agree that those cases are appalling, abhorrent and completely unacceptable. Unfortunately, they are far from unusual. I draw the House’s attention to the armed forces and society survey that was carried out by Lord Ashcroft, with the assistance of the Ministry of Defence. The study contacted 9,000 serving personnel across all three branches of the armed forces, and is acknowledged to be the most detailed and in-depth study in the area. The survey contains a number of startling statistics. It found that more than 20% of service personnel had suffered verbal abuse in the previous five years and that about one in 20 had been the victim of violence or attempted violence.

Any attack that is motivated by hate for our armed services is one too many. Our service personnel do not ask for special treatment, but they rightly expect not to be discriminated against because of what they do for our country. That is why we are proposing action through new clause 15. It would make physical or verbal attacks against members of our armed forces an aggravated offence, when the prosecution can establish that a person’s service in the armed forces was a motive for the assault. It is a small change, but one that would send a strong signal that we will not tolerate such attacks as a society. It builds on existing laws that cover assault that is motivated by other characteristics. I hope that the Minister will give it proper consideration and support it today.

I am aware that the Government have expressed two clear reservations with the proposal. Let me deal with them both. The first argument is that the existing laws are adequate. Indeed, the veterans Minister, the Under-Secretary of State for Defence, the hon. Member for Broxtowe (Anna Soubry), told the House earlier this year that

“the sentencing guidelines make it clear that if somebody is assaulted by virtue of their being in the armed forces, that is clearly an aggravating feature”—[Official Report, 17 March 2014; Vol. 577, c. 545.]

That sounds clear, but we do not believe that it is that straightforward in practice. The current sentencing guidelines for assault do not include any specific references to members of the armed forces. They say that it will be an aggravating factor if an offence is committed

“against those working in the public sector or providing a service to the public”.

It is not clear whether that definition would always include members of the Royal Navy, the Army or the Royal Air Force, nor whether it extends to when they are off duty, which is when many such assaults take place. Amending the law so that the armed forces are specifically mentioned would bring much greater clarity.

The second argument was made by the Minister in Committee who noted:

“The current provisions deal with hostility on the grounds of race, religion, disability and sexual orientation, all personal characteristics that are beyond a person’s immediate control. Hostility on those grounds makes the offence particularly harmful, both to vulnerable individuals and to communities… However, hostility based on occupation is of a different kind.”––[Official Report, Criminal Justice and Courts Public Bill Committee, 27 March 2014; c. 518.]

I have three points for the Minister to consider. First, I understand the distinction that has been made, but what a person chooses to do with their life can become every bit as much a part of their identity as who they are or where they come from. That is especially the case for people who dedicate their lives to serving our country across the world. Secondly, I do not think that an attack on a young soldier such as Alexander, because of the uniform he was wearing, is any less harmful to our society than when people are assaulted because of who they worship or the colour of their skin. All our communities hold close connections to the men and women who put their lives on the line for us, and any hateful attack on that can be just as damaging to the bonds of our society as an attack motivated by characteristics already protected in law.

Thirdly, the Minister will know that offences are already in place that specifically cover assaults against people in certain occupations: police constables, prison workers, immigration officers and emergency workers in Scotland. Surely our armed forces deserve the same recognition. That is why my right hon. Friends the Leader of the Opposition and the shadow Defence Secretary have committed the next Labour Government to taking action on this matter. We will introduce an armed forces Bill in our first Queen’s Speech, tackling the issue of the assaults that we are debating today and outlawing other forms of discrimination against our service personnel. The Opposition have pledged to do that next year, but Ministers have an opportunity to make a head start and take action now.

I urge Members across the House to support new clause 15 today. Our men and women in the Navy, Army and Royal Air Force serve us with dignity and bravery, and in this important year of remembrance, as we reflect on those who have made sacrifices for us in conflicts past and those who continue to serve us today, it is our duty to ensure that they are treated with dignity in return.