9 David Simpson debates involving the Ministry of Justice

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

David Simpson Excerpts
Caroline Johnson Portrait Dr Johnson
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I thank the hon. Gentleman for his intervention. He is absolutely right, and I will say more about that later in my speech.

Given how barbaric this practice is, it is surprising how common it is, with more than 200 million women in the world said to be affected by it. Recent statistics show that 150 British-born women were identified by NHS Digital as having had the procedure, and that 85 of them had had it here in the United Kingdom. It is estimated that around 130,000 women in the UK are at risk, and 1,000 new cases have been identified by the NHS this year.

While researching for this debate, I read about the case last month of the first person to be convicted of FGM in this country. It involved a mother who was found guilty of FGM. Her daughter was only three years old. That young girl was pinned down in her north London home and had her genitals cut and partly removed. Her mother claimed that this had been due to her falling on to a cupboard door. In my work as a paediatrician, I have heard some tall stories about how injuries to children might have occurred, but it was clear that the jury did not believe the woman in that case.

Children of that age do not have enough strength to escape the knife or to escape their attackers. That is why we need laws to protect these vulnerable children from a harm that is sadly often perpetrated by those who are closest to them and who should be protecting them the most. I am proud that the UK is a world leader in introducing legislation in this area. Since the passing of the Prohibition of Female Circumcision Act 1985, it has been illegal to mutilate the clitoris or the labia, or to help someone to do that.

The Government improved things further in 2003. Recognising that girls and women were being taken abroad for these procedures, they increased the territorial reach of the legislation so that UK nationals or UK permanent residents taking someone overseas or allowing or helping the procedure to happen overseas would also be guilty of a crime. This was widened further in 2015 to ensure that people who failed to prevent the procedure from happening were also guilty of a crime, and to provide anonymity for victims. The FGM protection order was also created at that time.

Updating these laws is a continuous process to ensure that children are protected. It is right that we have strong sentences of up to 14 years for those found guilty of FGM and up to seven years for failing to protect a child from it, but it has been difficult to get convictions. We need to look further into the reasons for that, and particularly, as the hon. Member for Strangford (Jim Shannon) says, into how we can change the culture in society so that FGM does not happen in the first place.

So what does the Bill do? It puts in place a crucial amendment to the Children Act 1989 that adds children’s powers into family proceedings. The Act gave powers to the courts to impose an interim care order, a care order, an interim supervision order or a supervision order. What do these orders do? Essentially, they allow the courts to share parental responsibility and allow local authorities to take children into care. The test that is applied is that there should be reasonable grounds to believe that the child has suffered or is at risk of suffering significant harm. I do not think that any Member in the House would doubt that the risk of FGM would meet that threshold. At the moment, however, if an FGM protection order is being applied for and there is also a desire to apply for an interim care order, they need to be applied for separately, which takes time and creates increased procedure. The Bill will ensure that both can be dealt with in a single process.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I know that the hon. Lady has a great deal of experience in the medical profession. Does she agree that FGM is nothing but pure cruelty to young children, and that any parent allowing it, no matter what their culture is, should face the full rigour of the law?

Missing Persons Guardianship

David Simpson Excerpts
Tuesday 12th February 2019

(5 years, 2 months ago)

Westminster Hall
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Bambos Charalambous Portrait Bambos Charalambous
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I was not aware of that, and my hon. Friend makes a good point. I hope the Minister will hold such discussions with the Economic Secretary, if he has not already done so.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I congratulate the hon. Gentleman on securing the debate. I agree with everything he has said so far, and it is important that the 2017 Act is implemented by July. He mentioned the figure of 1,000 missing people, but perhaps the Minister could give some indication of what the number would be if we included all those who are in the pipeline for an application.

Bambos Charalambous Portrait Bambos Charalambous
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The hon. Gentleman makes an excellent point. One thousand people go missing a year, but some people have been missing for many more years, and the figure will obviously be far higher than the 1,000 I mentioned.

Court Closures and Reform

David Simpson Excerpts
Tuesday 27th March 2018

(6 years, 1 month ago)

Westminster Hall
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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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It is a pleasure to be called to speak in this debate, Mr Gray. I congratulate the hon. Member for Slough (Mr Dhesi) on setting out the case so very well and on giving us an opportunity to participate in the debate.

We increasingly live in an age that seeks to centralise things and to consolidate physical holdings. Why have a bank in rural villages when people can bank online and can attend the bank in the next bigger town? The next step, more recently, has been the closure of banks in our bigger towns, with the main town of my constituency, Newtownards, having lost the First Trust Bank, the Bank of Ireland and the Halifax bank, and all branches making changes to the way they do things, all in the name of streamlining.

Yes, we have to streamline—in a way this debate is about streamlining—and yes, we have to modernise, yet there is a time and a place for that. Like the hon. Member for Moray (Douglas Ross), I want to comment on that and encourage the Minister. I know she listens to what we say and makes sure our viewpoints are taken on board, which is important.

I recently had a proposal on my desk to close the courthouse in Newtownards in order to centralise in Belfast. It was a worrying move that concerned us. The proposal was, if I can use these words, Mr Gray, absolutely crazy. The idea of closing the third biggest courthouse in the Province was simply a threat to justice in the area. The issue is as simple, as big and as important as that.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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The former Minister decided to close a lot of courthouses in Northern Ireland—a decision that the new Minister reversed. The former Minister would have closed the only courthouse in the city of Armagh, the citadel city. That decision was rightly reversed, so that people could still access it.

Jim Shannon Portrait Jim Shannon
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I thank my hon. Friend for his intervention. I will tell the story from my constituency, as the hon. Member for Moray told his constituency’s story. It is wonderful to discover that things in my constituency are very similar to those in Moray, because things happen that are universal across the whole United Kingdom of Great Britain and Northern Ireland.

The Northern Ireland Department of Justice proposal was to reduce the court estate from 20 to 12—a 40% reduction. That is a massive reduction, and that did not include the courts that had already closed, including smaller courthouses such as a neighbouring one in Bangor, the closure of which was a downwards step. I believe that the level of closures was disproportionately high compared with the closures in England and Wales referred to in the Department of Justice consultation paper; there was a 28% reduction in 2010. That level of culling of courthouses in Northern Ireland was not necessary or beneficial, and did not provide basic access to local justice.

Newtownards courthouse has a significant volume of business. I want to put something important on record that relates to the reasons for retaining that courthouse: it is the busiest court outside Belfast and Londonderry, dealing with all types of specialised court business—civil, criminal and family. It is now a specialist centre for children’s courts, youth courts, magistrates courts, civil courts and Crown courts. The work of that courthouse has increased, taking a bit of pressure off the larger ones. Many disability living allowance and other benefit appeals are now held there, because the safety and security aspect is much better. That is important not only for confidentiality but for those who attend. The courthouse is now seen as thriving and constantly busy. It also brings business to the local coffee shops. The spin-off from the courthouses to the surrounding area can never be ignored, and shops in the town must also be taken into consideration.

The idea of taking justice from Ards to Belfast without just cause, closing the courthouse after spending almost £1 million on refurbishing it—the hon. Member for Slough referred to the spend on another courthouse—made no sense. Asking people to make the journey from Portaferry to Belfast made even less sense, and would in itself have been a barrier to justice, as the courts there are already overworked. The Department’s target that people should be able to reach a courthouse within an hour by car is fine for those who have a car in which to travel, but for too many people it is a matter of catching a bus or train. The hon. Member for Thirsk and Malton (Kevin Hollinrake) spoke about people having to make three bus changes to get to a new court. That is illogical and unfair. Catching a bus or train rarely, if ever, takes less time than it takes someone to jump into their own car.

Another important point is that people have to be at court at a particular time. They have to get up at whatever time is necessary and get on buses or trains to ensure that they arrive in advance. The hon. Gentleman referred to a four-hour journey for some people to get to court on public transport. The hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts)—I hope I said that right, Mr Gray; my Welsh accent is atrocious, but I tried very hard to grasp those two words—mentioned that as well. The issue of distance is very real to all of us in the Chamber.

I do not find the mentality of “Oh, what’s an hour’s drive?” acceptable. I do not accept it in my constituency of Strangford. I therefore support my hon. Friend the Member for Slough, if I can call him that, in his stand against the reforms in his constituency. The good news is that we managed to overturn them in ours. The legal community, the community of Newtownards, elected representatives, the local council and elected representatives from the Northern Ireland Assembly managed to combine our efforts and present an evidence base to Ministers to overturn the “economy savings” in my constituency by proving that it was a false economy. Ministers accepted that, and we now have a thriving and retained service in Newtownards as a result.

State Pension Age Equalisation

David Simpson Excerpts
Wednesday 2nd December 2015

(8 years, 5 months ago)

Westminster Hall
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Barbara Keeley Portrait Barbara Keeley
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I thank my hon. Friend very much for saying that. He is right that campaigners for Women Against State Pension Inequality are doing a great job of informing MPs.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I agree that a great injustice is being done. The lack of notice has been mentioned, but there is also a lack of information for pensioners’ groups. The pensioners’ parliament of Northern Ireland has recently visited the House of Commons, and it has held joint meetings with its equivalent in Scotland. The information is very light, and more consultation is needed. We need to do something about this.

Barbara Keeley Portrait Barbara Keeley
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The hon. Gentleman is right. One of the key points in the debate is that women born in the 1950s who are affected by the 1995 and 2011 Acts have had neither transitional protections nor appropriate notification of the changes that are now having such a significant impact on their lives.

Psychoactive Substances Bill [Lords]

David Simpson Excerpts
Monday 19th October 2015

(8 years, 6 months ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
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That important matter was put to me when I gave evidence to the Home Affairs Committee. The difference between what we are doing here and what we are doing with other illegal substances is that this is a blanket ban. If we try to indicate the level of harm on every single one of these substances we will be here forever, which is why we have gone for the blanket ban, and why the Republic of Ireland did the same. As I said to my hon. Friend the Member for North West Hampshire (Kit Malthouse), we will continue to look at this matter, but the guidance to the Sentencing Council is very strong. I am so pleased that the hon. Member for Bassetlaw (John Mann) said that he had been calling for this ban for some time, because I shared an office with my hon. Friend the Member for Enfield, Southgate for five years and I know exactly what his views are. I can genuinely say that apart from a few nuances here and there, most people want to see this Bill on the Statute Book.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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Will the Minister outline for us just how this legislation will deal with those who sell or buy online?

Mike Penning Portrait Mike Penning
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It will be just the same as if a person went to a head shop. It is illegal. The National Crime Agency, which is now operating in Northern Ireland—I visited it recently to see the work it is doing—will be working with other agencies to ensure that we prosecute those involved in the crime. People say to me that the web is so open, but at the end of the day, purchasing, like selling, is an offence. If a person purchases these products, we will try to ensure that they are convicted. It does not matter whether they purchase them from a head shop, a friend or online, it is an offence. We are talking about purchase, not possession.

Colin Worton

David Simpson Excerpts
Wednesday 1st July 2015

(8 years, 10 months ago)

Westminster Hall
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Ian Paisley Portrait Ian Paisley
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My hon. Friend’s comments echo and amplify the indictment of a system that has blinded itself. Justice has to be fair, but when it blinds itself so much to an injustice that it cannot find a mechanism or way to clear and compensate a man properly, something is fundamentally wrong with the system.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I congratulate my hon. Friend on obtaining this debate. As he knows, many of us in this House have been trying to get a debate on the issue for quite some time, so we are glad it is happening. There is something fundamentally wrong, as our hon. Friend the Member for Strangford (Jim Shannon) has said, when someone who has served his country has to fight to bring his case to this House to try to get justice, rather than getting it, as he should, through the normal system.

Ian Paisley Portrait Ian Paisley
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My hon. Friend makes an important point. I commend his actions. He has campaigned for years on this case and has tried to help Colin in the many different forums in which he has been a representative. He has also lobbied constantly and, more important, kept applying for a debate as well. It was really only the luck of the draw, so to speak, that my name came up. I am delighted that he has been so supportive of this case over the years.

As I said, Colin Worton never had his name cleared properly. I welcome the statement of the Northern Ireland Justice Minister, Minister Ford, of a couple of months ago that

“there is no stain on Colin Worton’s character”,

but unfortunately those words are not matched by actions. If there is no stain on the character of a soldier, why for the past 32 years has it been impossible for him to get back his job in the Ulster Defence Regiment? If there is no stain on his character and he can hold his head high, as he has been told by officialdom, why does he not have the simple right to have his job back, to serve his Province and his people?

I will tell the House why: because there is a stain, which has prevented him from going back to his job and from having a proper income-generating life. As a result, he has been forced to do menial jobs around the country, because people whisper behind their hands, “He’s the boy who was part of that murder team that killed an innocent man.” We need to nail that, and nail it loud and clear. We need to point out that if there is no stain on the character of Colin Worton then, given that he has not been able to have his job back for the past 32 years, he must now be properly compensated under existing mechanisms. I will come to those mechanism, because the Minister for Justice in Northern Ireland could use his powers in a discretionary way, and he should be encouraged by this House and this Government to do so. It is no way to treat a citizen of the United Kingdom and former soldier of Her Majesty’s forces. In essence, compensation should be paid to Colin Worton for his loss.

The effect of wrongful arrest and imprisonment—wrongful waste of life—on any person is devastating, and that situation is always wrong. But when a person sees three of his colleagues having their convictions overturned on appeal and being given substantial compensation—rightly so; those three were all also soldiers in Her Majesty’s forces, I should add—he must feel doubly indicted and abused. It seems he is not entitled to the same level of compensation or the same sense that not only has he got overturned something that was wrongly said about him, but the state that did that has been forced to pay for that injustice.

According to the available information, previous Secretaries of State and the Northern Ireland Justice Minister have indicated that, under section 133 of the Criminal Justice Act 1988, Mr Worton does not qualify for compensation. I believe that they are wrong in their interpretation of that section. I set that against the fact that we live in an era when the Northern Ireland Attorney General feels at liberty to recommend that there should be an amnesty system for terrorists to come forward to give evidence in historical cases without the risk of being prosecuted; it simply beggars belief that a man at the opposite end of the spectrum—a former soldier who has been told there is no stain on his character—is being punished for something he did not do in that same era. He is forced to live a life of little opportunity, with the stigma of a horrific murder latching itself to his hip despite his absolute innocence.

For Colin Worton to be told he falls outside the boundary of entitlement to compensation is wrong. The Northern Ireland Minister and the numerous Secretaries of State who come to Northern Ireland, should be encouraged to themselves encourage the devolution system to demonstrate the flexibility that it should have by addressing this particular injustice.

At Mr Worton’s initial trial, his so-called confession statement was deemed inadmissible as evidence because it had been extracted under extreme duress. Let me put that in the language of the street. Mr Worton had the crap kicked out of him until he said the right things. Once he had said them and had signed the right confession, he was going to be banged up in jail. That is what happened to three of his colleagues. Fifteen years later, those convictions were overturned and they were released. When Mr Worton’s case came to trial in 1986, the judge was so perplexed by what he saw that he immediately deemed that Mr Worton’s statement could not be used as evidence, and on that basis told Worton to leave the court room—he was a free man. That did nothing to compensate for the two and a half years he spent lingering in jail for the trial, and it did nothing to compensate him for the loss of his promising career in the services. It did nothing to compensate him for the now decades of financial loss and it certainly did not clear his name. When he left that courtroom, in the eyes of the general public, he got off. They thought, “He got off—he was lucky.”

That, unfortunately, has been the character of the case. There has been a very deliberate effort by many to continue to perpetuate the myth that these were lucky men. But no; these were innocent men, who were wrongly tried and wrongly convicted, and who eventually—thankfully—had their convictions overturned. There needs to be recognition of the serious nature of the case and of the fact that the overturning of the original trial of what became known as the UDR Four meant that convictions against soldiers in Northern Ireland for crimes halved. So few were ever convicted, and so few were ever involved in anything wrong, that this case was held up as an example of how soldiers had been involved in wrongdoing. When the case was thrown out, it halved the number of cases that could be pointed at to show that soldiers had done something wrong in Northern Ireland. That is why it is such an important example and such an important case, and why it has to be put right.

A false confession made under interrogation, of course, implies improper behaviour by the individuals who extracted it. There was therefore a “serious default”, or rather a lack of those words coming from the judge’s mouth. The judge should have recognised that that “serious default” was in place, and if he had recognised that and said so when he put Worton out of the trial, Worton would have been granted compensation. However, because of the lack of those two words, he did not get compensation under the scheme.

These are the words of the Justice Minister in Northern Ireland in a recent debate:

“The general principle behind any payment of compensation is to make reparation where the normal machinery of justice has demonstrably failed the accused person.”

In that debate in the Northern Ireland Assembly, 54 Assembly Members agreed that Worton should be compensated, whereas 27 Assembly Members did not. On that basis, there is a strong momentum to ensure that Mr Worton is properly compensated for this injustice. If he had been compensated in the 1980s when it happened, the matter would have gone away a long time ago.

It says something of the man himself that he has continued to campaign tirelessly, year in, year out, decade in, decade out, to clear his name, because he is so incensed by what has happened to him. His family are equally incensed, and rightly so. Mr Worton has, in my view, conducted this business well and in a dignified manner. He has never stopped in his mission to have his name properly cleared and to have compensation. This is a man whose brother was murdered by the Provisional IRA, and who served in the Ulster Defence Regiment to help protect the Province and its people he so dearly loved. This is a man who had every reason to hate the Irish Republican Army for what they did, yet he worked on behalf of this Government’s security forces to help bring peace to Northern Ireland.

Mr Worton’s father died having had one son murdered by terrorists and another one labelled a murdering terrorist. That injustice to his entire family must be properly addressed. That is why I am pleased that this matter has got the Floor of this House and pleased that it is recognised nationally that there is an issue which the devolved Administration in Northern Ireland must address expeditiously. It has been long enough in the making. They have time now in which they could address this case.

Safety in Prisons

David Simpson Excerpts
Wednesday 17th June 2015

(8 years, 10 months ago)

Westminster Hall
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Rachael Maskell Portrait Rachael Maskell
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I was talking yesterday to Napo, the trade union representing probation officers, about further cuts that are going to be made to the service at a time when, including in this debate, we are hearing that we need investment rather than cuts, without which we will not be able to break the cycle. This reorganisation of the probation service is yet another that has no purpose or point in respect of feeding into the bigger picture.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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Although we understand that there is overcrowding in our prisons, does the hon. Lady not agree that a lot of the responsibility for running prisons has to be at the top, from the governor and management down? She mentioned some investment in a number of prisons. In Northern Ireland it is perhaps slightly different; it is political. For example, some £10 million has been spent on Maghaberry prison in the past four years, because prisoners have damaged it and some infrastructure work has been done. Surely it starts with the management of the prison as well.

Rachael Maskell Portrait Rachael Maskell
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This is about not just management, but providing leadership throughout the Prison Service. The Government have an important role to play, as do leaders in prisons, whether directors or governors. There is such churn in the number of governors that they are in post for only about three and a half years before moving on, so they do not build relationships with the organisations they have responsibility for, which has a serious impact on providing leadership for the organisation to follow.

Another big question is why so many people end up in our prisons in the first place. We know that the number of community orders has fallen, despite their effectiveness, and that many people are held in prison while awaiting trial, with 27% not returning to prison afterwards, having been given other sentences.

I challenge our incarceration of so many people who are experiencing mental health challenges or addiction and substance abuse. I question whether it is right for people struggling with health issues to be locked up for 23 hours a day and whether, if that is not the right environment for them, we cannot find alternatives that will really help to address their health issues and issues around reoffending.

There is a clear correlation between safe staffing levels and safety in prisons. That is most evident in the 28% cut in the number of prison staff. The ratio of prisoners to prison officers is 1:4.8, whereas in 2000 it was 1:2.9. Prison officers are carrying so much more responsibility. Therefore, the effectiveness of their interventions is diluted.

Staff are enduring an unacceptable number of assaults, although I must say that all assaults are unacceptable. In 2014, prison staff experienced 3,637 assaults, 477 of which were serious—an increase of a third—and 10,000 working days were lost due to absence, mainly for physical reasons, but also increasingly because of work-related stress. Is it not the worst environment imaginable to fear for your life every day at work? Those 10,000 days lost could be dealt with by increasing the number of prison officers, making the workplace safer, but we also need to think of the real cost of that situation.

Of course, staff have been challenged by the higher levels of violence in their workplace and prison officers have to face risks that few in our population can even begin to understand. The prison population is becoming more violent and dangerous. Violent incidents have risen from 32 to 42 a day, eight of which are to members of staff. In 2012, there were 213 hospital attendances by officers, compared with 170 in just the first two quarters of 2013. These officers are experiencing injuries so serious that they have to be taken into the care of our emergency services.

David Simpson Portrait David Simpson
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The hon. Lady mentions the commitment and sacrifice of prison officers. I would like to put on record the assassination of Prison Officer David Black, in my constituency, on the road to Maghaberry prison, by republicans. Some 31 prison officers have been murdered over the past number of years. They have made the supreme sacrifice.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I thank the hon. Gentleman for drawing attention to that tragic situation, where the lives of prison officers are being put at such high risk that many do not return to their families at the end of their working day. That is unacceptable. Early intervention to ensure that people have safe passage to and from work, as well as at work, is crucial for our public servants.

We know that the reward is not great for our prison staff. They are stretched regarding cover and there is work intensification, and they are challenged when dealing with the emotional demands of the work, because they are not able to fulfil their ambitions for those they serve, such are the pressures put on them.

We also hear from the Prison Officers Association that there is a lack of support from management. There are high levels of bullying in an already tense and violent environment. We have seen cuts to pay in real-terms, cuts to pensions and a real fall in morale. The report into health and safety shows that 30% of officers have been physically assaulted in the past four years. Many more experience psychological distress or emotional exhaustion. We know that there are real challenges with recruitment and the retention levels of prison staff. Given the environment I have described, we can see how that can come about. Prison governors are not in one place for long enough. They are moved on before they can provide the stability that staff need and build the relationships of trust necessary to provide that prison with a vision, a sense of purpose and direction.

The Labour party is calling for some clear measures to be taken. Starting with leadership, we need governors to be established in prisons for longer to bring stability and the leadership necessary to ensure that reforms can take place to make prisons safer. We believe that that should be accompanied by better governance by prison boards, rooting jails in their local communities with representatives from councils, charities, the probation service, the police and other organisations. That would provide the opportunity to build the bridge back into community living, which is so important for the future lives of prisoners.

We need to refresh Her Majesty’s inspectorate of prisons, so that inspectors are truly independent of political interference and so that they publish their action plans and demands for the resourcing necessary. We need to see those plans supported so that actions follow. That way, we will not just have action plans, but results coming to fruition from them, and we will be able to scrutinise the process behind that. Above all, by breaking the cycle of crime we can ensure that prisons stop fuelling crime. That will be achieved only by properly resourcing early intervention measures to prevent people from falling into crime in the first place. For those who do fall through the net, we need evidence-based rehabilitation programmes that focus on developing education, training and skills, on improving health, wellbeing and self-worth and on re-orienting prisoners to life after prison, where they will not be exposed to the same risks they faced before their convictions. That will only be achieved by giving prisons the best facilities and adequate staffing levels to facilitate such transformation. Such a programme will secure staff and prisoner safety and cut spending on the prison service in the longer term.

To conclude, we come into politics not just to talk about issues or ideas, but to exercise every moment to bring transformative change to the lives of the people we are sent here to represent. Our prisons are in a very dangerous situation. Is the Minister willing to challenge the system and ensure that the service is made safe and effective? I thank you, Mr Bone, for allowing me this time today.

Leveson Inquiry

David Simpson Excerpts
Monday 3rd December 2012

(11 years, 5 months ago)

Commons Chamber
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John Whittingdale Portrait Mr Whittingdale
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It may surprise the hon. Gentleman to know that I agree with him. There is no question but that all of us in this Chamber are of one mind that the system of self-regulation administered by the Press Complaints Commission has failed. The commission produced a report saying that there was no evidence that anyone other than the one rogue reporter was involved, at the same time as my Select Committee produced a report saying that there was ample evidence and that we found it inconceivable that the rogue reporter defence was true. We are all agreed that we cannot continue with a system of self-regulation. The idea of the press marking its own homework, as Lord Leveson rightly put it, does not work and cannot continue—but that is not what is in prospect today.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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Victims have been mentioned many times today. Does the hon. Gentleman agree with me that it is sad that, because they fear that the Government will let them down, the victims have started a campaign themselves. Is that not a sad reflection on what is happening?

John Whittingdale Portrait Mr Whittingdale
- Hansard - - - Excerpts

It is our job in this House to persuade the victims that what is now in prospect is a different regime that would have the necessary teeth to prevent the kind of abuses they suffered. I believe that that is the case, and that we have a duty to get that message across to them.

Let me take us back to the report our Select Committee produced in 2010. We clearly said that we needed a new body, which needed to have

“the ability to impose a financial penalty”

when the press had failed, and to have a responsibility

“for upholding press standards generally”—

things that the Press Complaints Commission was never equipped to do. We went on to say in that unanimous report of the Select Committee two years ago:

“We do not accept the argument that this would require statutory backing, if the industry is sincere about effective self-regulation it can establish the necessary regime independently.”

Earlier this year, I chaired another Committee, a Joint Committee of both Houses on privacy and injunctions. Again, we looked at these matters in some detail. That body, too, reached a conclusion that

“the current system of self-regulation is broken and needs fixing.”

Again, that Committee recommended a new independent body with stronger powers. The report went on to say —this was supported by Labour members of the Committee —that

“should the industry fail to establish an independent regulator which commands public confidence, the Government should seriously consider establishing some form of statutory oversight”,

but it went on:

“At this stage we do not recommend statutory backing for the new regulator.”

--- Later in debate ---
Elfyn Llwyd Portrait Mr Llwyd
- Hansard - - - Excerpts

Yes, I do—that has been the theme of what I have been saying for the last seven minutes. [Interruption.] The hon. Gentleman has got his intervention in and that is quite important. However, I say with respect that I agree. We have all received letters from families and individuals who have suffered immensely at the hands of the press of late. I therefore welcome the proposals. We owe it to all those families and individuals to get it right, because if we in Parliament fail to grasp the nettle for the eighth time in 70 years and do not put matters right, it will be tantamount to letting them down very badly indeed and turning our backs on this historic opportunity.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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Does the right hon. Gentleman believe that the Leveson recommendations contain sufficient protection for whistleblowers?

Elfyn Llwyd Portrait Mr Llwyd
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Surely it is up to us as parliamentarians to ensure that we build those protections in. There are many important core things that we need to ensure. For instance, we need to ensure that people’s sources are kept in the private domain, and there are many other things that we need to do. Those are the details that we shall have to go through carefully in the coming weeks.

Like the press, we Members of Parliament are now held in low esteem, because of the scandals involving some Members. Failure to deal decisively with this problem without fear or favour will plunge us into further and deeper opprobrium, and we will deserve it.

Child Slavery

David Simpson Excerpts
Wednesday 2nd March 2011

(13 years, 2 months ago)

Westminster Hall
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David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I welcome you to the Chair, Mr Hood. It is a privilege to serve under your chairmanship today. I rise to speak on this subject in the reassuring knowledge that on the general thrust of this debate, it is more than likely for the most part that party political differences will be set to one side. I say that not out of any sense of presumption but from my own experiences as a Member of this House and from the united opposition to the obscenity that is child slavery. We may differ in our responses to particular examples, but right hon. and hon. Members from all parts of the House have a shared abhorrence of the ongoing present-day shame and nightmare of child slavery.

Recently, Save the Children UK reaffirmed the figures of the International Labour Organisation, which revealed that across the globe, something like 218 million children between the ages of five and 17 are working as child labourers or are in child slavery. 126 million of those children are involved in hazardous work. About 8.4 million are trapped in the very worst forms of illegal, degrading and dangerous work. That equates to the horrifying statistic that in the least developed countries, 30% of children are engaged in child labour in some shape or form. In sub-Saharan Africa, there are some 49 million children involved in this activity.

It is further estimated that some 1.2 million children, both boys and girls, are trafficked every year and exploited as workers in agriculture, mining, factories, armed conflict and the sex industry. Those children are modern-day slaves, and the numbers are greater than when the old historical slave trade was at its height. Their sufferings are no less wrong, and the injustice inflicted upon them is no less real than those that were endured by slaves in a bygone era.

I want to consider three main issues: forced marriage, which is a form of slavery for children as young as 10 and 12; the trafficking of children for sexual exploitation; and forced labour and the economic exploitation of children. When we consider the issue of forced marriages, it is worth remarking that the previous Government tightened up the situation, which is to be welcomed. However, the then shadow Minister, Baroness Warsi, had this to say in relation to the new laws:

“The onus to go for a civil protection order is actually on the victim of the forced marriage or somebody close to them. I know from speaking to victims of forced marriages that, when they’re in those circumstances, the last thing on their mind or the last thing that they’re able to do, is go to court and seek an order.”

Hon. Members will no doubt be familiar with the fact that between April 2009 and March 2010, the British high commission’s assistance unit in Islamabad dealt with 121 cases of forced marriages, and there were 124 cases previous to that. In August 2008, 22 new cases were taken on by the unit—equivalent to one every working day of that month. In reference to those figures, Baroness Warsi said:

“Forced marriage ruins lives. It can lead to rape, abuse, and unwanted pregnancies. This is a serious problem, and these figures are just the tip of the iceberg. Forced marriages have no place in Britain today. The Government’s current approach is clearly failing vulnerable people who need our help. It is now time for the Government to consider making forced marriage a criminal offence.”

I am sure that many hon. Members will also be aware of the story of 14-year-old Jasvinder Sanghera who was shown a photograph of a random man and told that she was going to marry him. She ran away from home. When she rang to say that she was safe, she was given an ultimatum: either marry the man in the photograph or, because she had “shamed” the family, she would be dead in their eyes.

Later, she heard that one of her sisters was brought to such depths of pain and despair by her own forced marriage that she set fire to herself and died in hospital from 80% burns. I have no doubt that hon. Members will know of the letter that the then leader of the Opposition and now Prime Minister sent Jasvinder in which he said:

“As a country, I believe that we are half-asleep to these issues.”

I am sure that many hon. Members will share my concern about the recent report in The Times on 2 February that stated that of the 254 protection orders issued, only five families have been brought back to court for breaching the order and there have been no convictions.

In the same report, Nazir Afzal of the Crown Prosecution Service said:

“You are easily looking at 10,000 forced marriages or threats a year. I keep asking myself how many unmarked graves are there where people are not even reporting that their child is missing.”

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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I commend my hon. Friend on the timeliness and importance of his debate. He is touching on the sheer volume of the problem and the lack of prosecutions. Does he agree with me that while we all share the outrage and anger at the prevalence of this activity, what we need to see is more activity in trying to bring those responsible, particularly those engaged in trafficking, before the courts to be convicted?

David Simpson Portrait David Simpson
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I agree with my hon. Friend. He has hit the nail right on the head; we need convictions. People involved in this—we may not be able to do this within the law—should be locked up and the key thrown away. I am sure that all Members will agree that forced marriages and slavery are horrific crimes.

The Times also quoted a police officer who called for this crime to be made an aggravated offence, which would hand the courts power to pass enhanced sentences. I have already mentioned the comments made by Baroness Warsi in relation to the whole matter of forced marriage and the new laws introduced by the previous Labour Government. At that time, she also made a commitment that the Conservative party would make forced marriage illegal. Given the current situation, I would suggest that the time has come to change forced marriage from a civil offence to a criminal offence.

When he was in opposition, the Prime Minister promised that that was a step that he would take. Baroness Warsi also made that commitment on behalf of what is now the senior partner in the coalition Government. I encourage the coalition Government to go that extra mile now and stop this form of child slavery. The trafficking of children for sexual exploitation is shameful. It is estimated that about 100,000 to 500,000 people are trafficked into Europe on an annual basis.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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I congratulate my hon. Friend on securing this debate. I also remind him that I have to attend a Committee this afternoon, so if I slip away shortly it is not because I am not interested in this debate.

When my hon. Friend looks around the devolved jurisdictions that now exist in the United Kingdom, does he think that they are doing anything on top of what our national Government are doing to address the slave trade? The slave trade is not a 21st century phenomenon. It has existed for many centuries, and sometimes expertise and other help is needed to address it.

David Simpson Portrait David Simpson
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I thank my hon. Friend for that intervention, and he is right. During the debate that we had some time ago in the House on slavery, the issue of the devolved jurisdictions was raised. I think that slavery has been discussed in the regional Parliaments and I know that the Northern Ireland Assembly unanimously agreed that something should be done about people trafficking. However, although we say that something should be done about it, we need to see tangible evidence that something is being done. Words are fine—they are nice on paper—but we need to see evidence that something is being done for these children.

Lord Dodds of Duncairn Portrait Mr Nigel Dodds (Belfast North) (DUP)
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I add my commendations on the fact that my hon. Friend has brought this important subject to Westminster Hall. As for what can be done about trafficking, is it not the case that something could be done in Europe through the European directive on trafficking? Does he agree that there are concerns about why the United Kingdom has not gone further in relation to that particular issue and sits outside that directive?

David Simpson Portrait David Simpson
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I agree with my right hon. Friend. He is 100% right. Britain should play a stronger role on this issue, and perhaps later in my speech I will address that point. It is important that Britain take the lead on this issue, because slavery is such an horrific crime.

The US Department of State has estimated that up to 800,000 people are trafficked across borders worldwide. Most of them are women and children who are trafficked for sexual purposes. That figure does not include people trafficked within individual countries.

Concerns about the trafficking of children and young people for sexual purposes in the United Kingdom have been raised for some time. I commend the work of ECPAT, which is a very good organisation. Its full name is “End Child Prostitution Child Pornography and the Trafficking of Children for Sexual Purposes”. In its October 2010 report, “Child trafficking in the UK: a snapshot”, it made 10 recommendations. They range from establishing a Government rapporteur on trafficking to the issue of departmental responsibility for safeguarding the child victims of trafficking. They also include very practical recommendations such as the appointment of

“a designated lead manager on child trafficking…in every local authority”,

the provision of

“safe accommodation for all child victims of trafficking”,

and the creation of

“a system of guardianship for child victims of trafficking. Such a system would mean that every child victim of trafficking would have someone with parental responsibility”.

I am sure that the Minister is well aware of those recommendations and I ask him to give us an update on what the Government are doing with regard to them.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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I congratulate my hon. Friend on securing this timely debate. He has already given statistics about the exploitation of children, including statistics about forced marriage and sexual exploitation. I am sure that he will agree that, although the statistics themselves are horrifying, it must be remembered that behind each of them there is a horrifying experience. It has been reported that children as young as five are being bought and sold on the streets within the United Kingdom for £16,000.

David Simpson Portrait David Simpson
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That is correct.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
- Hansard - - - Excerpts

Does my hon. Friend agree that we need to see the current situation change radically and that that can happen only if the authorities pursue criminal convictions?

David Simpson Portrait David Simpson
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I thank my hon. Friend for that intervention and I agree 100% with him. We need to have convictions. There must be a willingness from the Government’s point of view to do something about this issue. If there is a will within the Government to do something about it, we will see results and then convictions will come afterwards. That is why it is important that we listen when the Minister responds to the debate. Hopefully, some glimmer of light and hope will emerge.

Investigations by children’s charities have identified sexual trafficking not only through the United Kingdom to other destinations but to the United Kingdom itself, with children and young people ending up as sex workers in brothels in various parts of the country. That seems to be a very strong statement when we are talking about the United Kingdom—this United Kingdom, the modern United Kingdom, which emphasises its work skills, its technology and everything that goes with that. We are out there to market ourselves to the wider world and we have a situation today where children as young as five or six are being sold on the streets of England for £16,000. That is the evidence from the research papers that I have been given—I did not make it up. It is abhorrent that that should happen in any country.

UNICEF is a reputable organisation. It has said that about 250 children were known to be trafficked into the United Kingdom within a five-year period, but it added that the real figure is likely to be far higher. These children are brought into the United Kingdom as slaves for the sex industry. In 2009, the Child Exploitation and Online Protection Centre published a report, “Strategic Threat Assessment Child Trafficking in the UK 2010”. That report identified 325 children in the United Kingdom as known or suspected victims of child trafficking in the year from March 2007 to February 2008. Trafficked children in the United Kingdom have been identified as coming from a widening range of sources.

In 2009, the then Government set up a national referral mechanism for the identification of children coming into the United Kingdom through the trafficking process. Between 1 April 2009 and 30 June 2009, 40 children were referred through that system, including two children under the age of 10. That is horrific.

Some children who have been trafficked may have been physically abducted, but many children are trafficked with the knowledge of family members, who believe that their children are being offered the chance of a better life within the United Kingdom or elsewhere and do not know that they may be destined for sexual exploitation. The vast majority of those trafficked for sexual purposes are girls, but trafficking of boys is not unusual.

UNICEF has also estimated that that figure of 40 children —those who were identified through the national referral mechanism—is likely to be higher. UNICEF has recently estimated that at any one time there are about 5,000 child sex workers—not five, 50 or 500—in this so-called modern United Kingdom. Some 75% of them are females, and the remainder are young boys.

The internal situation in other parts of the globe is worse, and even more distressing. It has been estimated that 30% of sex workers in India are children— between 270,000 and 400,000 child prostitutes. In Brazil, up to 500,000 boys and girls are commercially sexually exploited, and on the borders between Brazil, Paraguay and Argentina, 3,500 children are confined in brothels and clubs as slaves. We are talking about children who have not reached sexual maturity, and have no idea or understanding of what is happening to them. That is absolutely disgusting. Police in South Africa estimate that 28,000 children are coerced into the industry every year, and that in Cape Town alone some 25% of workers in the sex industry are very young children. In south and east Asia, one third of sex workers are children. I am sure that hon. Members will agree that those figures are shameful and beggar belief. Yet they are more than statistics: every figure represents the misery and loss that is routinely inflicted on a young life daily. Young lives are destroyed, and the very notion of civilisation or society debased.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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On the sexual exploitation of children, does my hon. Friend agree that many of these children have been abducted from their families? No one can understand the anguish and pain that that causes a family. I say that as a parent who, many years ago, nearly lost one of his children, who was three or four at the time, in a hotel on vacation. My child was being taken away from us by a lady, and could have ended up in the industry. No one can understand the horror and pain that that can cause a family.

David Simpson Portrait David Simpson
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I absolutely agree, and I have mentioned the abhorrence, pain and anguish. I am sure that all hon. Members will have seen the recent news about a woman from New York who was abducted when she was very young and found out about it when she was an adult. There was a reunion, but it was miraculous that that happened, because so many times it does not, and people are left wondering how their children have turned out. It would be very difficult to live with the fact that a family member had been taken and used in such a way.

When it comes to the economic exploitation of children, including child labour, very often the United Kingdom is further downstream from the event, but the situation is no less real and no less dreadful for those caught up in the middle. Commodities—finished products that we buy—can have been produced, in part, by the efforts of forced child labour or slavery. In more than 50 African, Asian and South American countries, 1 million children are put into mines and quarries. That is a fact. About 40,000 children work in mining in the Congo. In west Africa it has been estimated that 200,000 children work in small-scale gold and mineral mines and quarries, and almost 18,000 children work in gold, silver and copper mines in the Philippines. Mining shifts worked by children can last up to 24 hours. Children work unprotected in mineral extraction, crushing ore using toxins such as mercury, at the risk of contamination. Children break and sort out rocks, water supplies are often contaminated, and there is the risk of underground explosions.

On top of those figures, we can add the number of children exploited as a result of bonded labour, in which a child is forced into slavery to pay off their family’s debt. It has been estimated that in India alone some 15 million children, most of them from low-caste families that have got into difficulties, could be working to pay off someone else’s debt. Many children across the globe, including in the United Kingdom, are beaten frequently, and passed from one owner to another as little more than a possession, or a dog. Save the Children has estimated that in Nepal there are approximately 200,000 bonded labourers, many of them children. In one province of Pakistan alone, it is estimated that there are almost 7 million bonded labourers, including children, and that around 250,000 children work in Pakistani brick kilns, and live there. Almost 70% of all child labour is in agriculture, with more than 130 million children involved in agricultural work each day.

Last year, the United States Department of Labour drew up a list of products produced by child or forced labour—slavery. The list goes from cocoa and cotton to rubber and coal; from gold and diamonds to emeralds and silver; from carpets and clothing to leather and silk; from garlic and grapes to bananas and rice; from salt and sugar to tobacco and tea; and from footballs and fireworks to fashion and furniture. All those products are made around the globe through the exploitation of children and the use of child slavery.

When it comes to both the sexual exploitation of children internationally and the kind of child labour that I have just mentioned, there are real issues for the United Kingdom Government. I am sure that all hon. Members will be able to identify numerous areas in which these issues cut across a number of Departments, but I draw specific attention to the Department for International Development. I emphasise that we are grateful for the assistance given by the UK Government to other countries, and that we are even more grateful to the many millions of people across the United Kingdom who donate money to special causes and needs, but surely pressure needs to be applied and greater emphasis placed on using our influence to end these practices. I think that all hon. Members will agree that the facts of life for millions of children across the globe, right now as we participate in this debate, are shocking and shameful.

As I said at the beginning of my contribution, I am certain that whatever minor differences hon. Members might have about individual incidents and the particular responses required, we all share a conviction that child slavery is wrong, unjust and unacceptable in this modern world. I have no doubt that that is the case. That fact draws out before each of us a question that might at first glance seem unusual, even unnecessary. Whatever our political background and personal experiences, why do we share an opposition to child slavery and a conviction that this evil should end? It makes no sense in evolutionary terms. Are we not told that evolution is about survival of the fittest and competition within species? So what if the poor, the weak and the helpless are exploited by the strong and the ruthless? But buried in the depths of every man and woman is a conviction that there is something better.

Every springtime—we are coming into spring now—nature stretches out and reaches up to bring forth new life and vigour, leaving behind the deadness of winter. Every year it is doomed to fall back in winter, but every spring it stirs and rises once more. Likewise, every human being stretches out and reaches up for something better and higher. It is inborn and embedded within us to be like that. What do we stretch out towards and reach up to lay hold of? In my opinion, it is the God who reaches down to us and who himself came down to us. It is the original created image in us—yes, it is tainted, marred and clouded, but it is still that part of man, made originally for God and in the likeness of God—that stretches out and reaches up for something better and higher. That is what tells every man that the wicked enslavement of children is wrong. Just as one came down to earth to open the soul’s prison, break its fetters, snap its chains and set it free, so we feel the urge and impulse to set at liberty children who are enslaved.

I do not intend to offend any right hon. or hon. Member by saying that I do not believe that there are many Wilberforces around today. However, I believe that in the breast of every hon. Member from every political party already beats something to which Wilberforce gave voice. Wilberforce said on one occasion:

“If to be feelingly alive to the sufferings of my fellow creatures is to be a fanatic, I am one of the most incurable fanatics ever permitted to be at large.”

It is my wish by this debate to make such fanatics of us all.