Joint Enterprise (Significant Contribution) Bill

Debate between Dawn Butler and Janet Daby

2nd reading
Friday 2nd February 2024 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

I congratulate my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) on her success in the private Members’ Bills ballot, and I am pleased to be responding to the Second Reading debate on her Bill today. It is important that this issue has been brought to the House’s attention. Children and justice is an area of concern for many when joint enterprise is considered and it has been campaigned on for several years. The Bill highlights that, but I am aware that an amendment similar to this Bill has been tabled to the Criminal Justice Bill. Before I go further into the discussion of this Bill, it is right to say that although it is critical of joint enterprise, and there are very convincing arguments for amendment to it, joint enterprise is also a necessary tool in the criminal justice system, as I will explain further.

I thank all Members who have participated in and contributed to this debate: my hon. Friends the Members for Vauxhall (Florence Eshalomi), for Brent Central (Dawn Butler), for Huddersfield (Mr Sheerman) and for Poplar and Limehouse (Apsana Begum); my right hon. Friend the Member for Hayes and Harlington (John McDonnell); my hon. Friends the Members for Birkenhead (Mick Whitley) and for Easington (Grahame Morris); the hon. Member for Aylesbury (Rob Butler); the right hon. Member for Islington North (Jeremy Corbyn); and the hon. Member for North East Bedfordshire (Richard Fuller). I have also noted the many comments made by the hon. Member for Shipley (Philip Davies).

Having listened to the debate, the clear overall message is that joint enterprise needs to be reviewed. As we have heard, it allows an individual to be jointly convicted of the crime of another if the court finds that they were involved in the commission of the crime. There is a strong case to tighten the definition currently used to ensure that justice is fair and proportionate. As in the case of R v. Jogee in 2016, the Supreme Court has ruled that joint enterprise had been wrongly used for 30 years—that is extremely concerning. The ruling stated that it was not enough for the prosecution to prove that the defendant foresaw the possibility of violence occurring. Instead, the prosecution should now prove that the defendant intended to encourage or assist the person who committed the crime. Yet, a list of controversial joint enterprise cases continue to this day. The Manchester 10 case, which many in this Chamber will know, was tried under conspiracy legislation, but activists say this mirrors crimes prosecuted in the UK as joint enterprise. The trial’s use of drill music to convict the 10 defendants has also been criticised; this is a common feature of joint enterprise prosecutions for defendants from minority backgrounds. I am aware of the campaign by Art Not Evidence that aims to stop the criminalisation of those who engage in rap and drill music.

[Dawn Butler]

Does my hon. Friend agree that it is important that we do not judge people by the music they listen to? Judging one music to be violent, as against another genre, is a very subjective measure.

[Janet Daby]

I absolutely agree with my hon. Friend on that; she makes a very meaningful point. There are lots of words in lots of different types of music, and we should not be judged by that.

I have also met Janet Cunliffe, a co-founder of Joint Enterprise Not Guilty by Association—JENGbA—whose son was imprisoned under joint enterprise. She is a tireless campaigner, who has shared in the experience of her son’s sentence. In 2020, JENGbA released a research report written by academics at Manchester Metropolitan University arguing that women are negatively impacted by joint enterprise. It stated:

“Women were often marginal to the violent event, with almost half not present at the scene and almost all never having engaged in any physical violence”.

And yet, as the report found, women were being seriously penalised.

JENGbA has highlighted the case of a teenager, Carrie. She was 15 years old when, in the early hours, she was walking with two other older people. They had all been drinking and a fight broke out with another group of local adults. One person from the other group was killed by an injury caused by a broken bottle. In the summing up of the case, the judge acknowledged that Carrie was so drunk she did not have the ability to join in with a fight. The judge warned that

“mere presence is not enough there must be some form of participation”.

During the trial, judgments were made about Carrie’s character and not her actions. That became central to her prosecution. The offence was committed by a 35-year-old man. The jury found the man guilty of murder. Carrie, 15 years old at the time of the event, was found guilty of manslaughter. The report found that there are many other women like Carrie in prison.

I have been critical of joint enterprise, but there is a place for it in our courts and the wider criminal justice system. Joint enterprise has helped to secure convictions that otherwise would not have been successful. The conviction of some of the men who killed Stephen Lawrence was secured using joint enterprise legislation. By using joint enterprise legislation, it was found that it did not matter whether Gary Dobson and David Norris carried out the killing; rather, it was important that they were part of an attack that could end in serious harm. Indeed, it did. It has also been successfully used to prosecute paedophile rings and those who commit economic crime. That should not be forgotten.

I am glad that the Bill does not seek to abolish joint enterprise in its entirety. Labour has previously said that it would look to reform joint enterprise, and that remains our ambition. Furthermore, the Lammy review in 2017 advocated for the reform of joint enterprise laws. In particular, recommendation 6 said:

“The CPS should take the opportunity, while it reworks its guidance on Joint Enterprise, to consider its approach to gang prosecutions in general.”

With regard to that recommendation, the CPS commenced a pilot to monitor joint enterprise homicide and attempted homicide cases in February 2023. The results were concerning. Black people make up only 4% of the UK population, but according to the CPS, under joint enterprise cases, black defendants make up 30% of case loads. It was also revealed that joint enterprise prosecutions disproportionately affect children, young people and men.

There has been progress on gathering more data, with the commencement of a full national scheme in all CPS areas. The CPS has said that a report of homicide and attempted homicide cases brought on a joint enterprise basis will be produced annually, and it will contain a breakdown by the protected characteristics of ethnicity, sex, age and disability. I believe that the CPS today convened a scrutiny panel with a focus on joint enterprise cases in which evidence of gang association is a feature.

Let me be clear: the Bill is perfectly reasonable and commendable. However, for the best chance of proper reform, it is important to wait until the CPS has built up more data before legislation is used to tackle the problem. We can solve the issue only when we have the full picture; that way, the law can work as intended.

Many from across the political spectrum believe that change needs to happen. There are some cases of people being convicted of serious crimes despite making no significant contribution to them; we have heard such examples given from across the Chamber. It is not in the public interest to prosecute those who have not made a significant contribution to a crime. I am interested to know whether the Minister agrees.

In reply to an amendment on joint enterprise in the Criminal Justice Bill Committee, the Government said:

“there have been examples of case law since the Jogee case that show that approach being fairly applied.”—[Official Report, Criminal Justice Public Bill Committee, 30 January 2024; c. 484.]

What is the Minister’s view on the reported disproportionate impact of joint enterprise on diverse communities?

The Government must end the criminalisation of children and young people associated with rap and drill music, and put in place protective factors to ensure that they are not disproportionately criminalised under joint enterprise.

Draft Equality (Amendment and Revocation) (EU Exit) Regulations 2018

Debate between Dawn Butler and Janet Daby

Tuesday 22nd January 2019 General Committees

[Dawn Butler (Brent Central) (Lab)]

I thank the Minister for outlining the parts of the regulations that have been revoked and the reasons for that. We are inclined to support this technical statutory instrument, but I would like to ask the Minister some questions. On our leaving the European Union under the European Union (Withdrawal) Act 2018, the EU charter of fundamental rights will cease to apply in the UK. I thank the Face Her Future campaign, which is run by a coalition of lots of women’s organisations, for doing great work on this issue.

[Janet Daby (Lewisham East) (Lab)]

Does my hon. Friend agree that if we leave the EU, it is vital that we do so with more rights, not fewer?

[Dawn Butler]

That is absolutely vital, and it feeds into some of the questions that I want to put to the Minister to ensure that we not only maintain our current rights but can improve our rights.

The Minister talked about revoking a couple of pieces of legislation. I need clarification that the regulations do not amend any provision in the equalities legislation or repeal any current legislation. The Prime Minister has previously refused to rule out scrapping the working time directive, the agency directive and the pregnant workers directive. It is imperative that equality and human rights legislation is protected once the UK leaves the EU. Will the Minister give some legislative assurances that these rights will be protected and improved?

I know that the Minister has been working with the Equality and Human Rights Commission, which has found that our rights will be seriously diluted when the charter no longer applies in the UK once we have left the EU. Will she provide some clarification on that? We welcome the inclusion of the European protection orders in the transition period, which is already set in statute. Once we leave, the Government will need to opt in to this protection. Can the Minister confirm that we will opt in? How will the UK replicate the protections and funding currently provided by the EU? Once we leave, obviously that will all disappear.

There is a genuine concern that we will not be able to keep up with the protection of gender equality for UK citizens. We need a broad commitment from the Government, because there are directives currently in play that we will have no access to, such as the directive on work balance for parents and carers. It would be useful to know how we will keep up with those kinds of directives.

The Minister knows that we have discussed on the Floor of the House the number of gaps in the protection of women, on which we urge the Government to take action. As I have this opportunity, I ask the Minister to update us on progress on reinstating section 40 of the Equality Act 2010 to protect against third-party sexual harassment; on amending the regulations to require large employers to provide action plans to tackle their gender pay gap; and on enacting section 106 of the Equality Act to require all political parties to report diversity data on their candidates. Any updated progress on that would be very much appreciated.

I have just a couple more questions. What steps will the Government take to ensure that the UK keeps pace with EU measures that maintain gender, race and LGBT+ equality? Will the Government commit to ensuring that women’s service providers, including women’s refuges and other domestic abuse services, receive stable funding through the UK’s shared prosperity fund? Obviously, we will lose a lot when we leave the EU.

Research by the Migration Observatory identified categories of EU citizens at risk of failure to secure their rights after Brexit. The Prime Minister mentioned yesterday that the charges had been removed, which is very welcome, but the research shows that women and girls are over-represented in groups that will be disproportionately negatively affected, especially EU citizens and victims of domestic abuse and other forms of violence against women and girls. They may find it difficult to access the documentation needed to prove that they have been here for five years. Can the Minister shed any light on whether there will be any flexibility for victims who are unable to prove five years of continuous residency?

It is common knowledge that there is strong evidence that Brexit would have a negative impact on the UK economy overall, with a no-deal scenario being the most damaging. In line with the Women’s Budget Group report last year, which looked at the impact of Brexit on women, are the Government taking any steps to ensure that trade agreements and policies reflect the gender equality objective and do not increase barriers to women’s economic empowerment?