Police, Crime, Sentencing and Courts Bill

Iain Duncan Smith Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Mr Lammy]

I think the right hon. Gentleman is misreading what we did in office. The point is that today, he has an opportunity to vote for a minimum sentence. The question is: is he going to take it?

The Under-Secretary of State for Justice, the hon. Member for Croydon South (Chris Philp) helpfully indicated that 68% of those found guilty of rape are sentenced to more than seven years in prison, which means that about a third of rapists receive only four to seven years. How can that be right? My question to the Lord Chancellor is a simple one: does he believe that a rapist should ever conceivably receive a sentence of only four years in prison? The Government explained that one of their reasons for rejecting our amendment was because they did not agree with statutory minimum sentences, yet clause 100 of this Bill creates a statutory minimum sentence for repeat offenders of certain crimes, including drug offences and burglaries. Why does the Lord Chancellor feel that those crimes are serious enough to warrant a minimum sentence, but rape is not? A recent poll showed that almost 80% of the public would support our proposal, with only 7% opposed. I call on the Lord Chancellor to show that he believes the same.

The Government’s rape review specifically recognises that one of the reasons that almost half of victims of rape withdraw is the fear of giving evidence in court. We know that the pre-recording of evidence is hugely important in limiting the distress of already traumatised victims, and that rolling out section 28 would allow more rape victims to see justice done quicker. Why, then, are the Government re-piloting something that has already been piloted twice? The lack of ambition is staggering. This is typical, frankly, of a Department that is obsessed with endless reviews and utterly averse to radical action. The Government have already failed far too many victims of these horrific crimes; hopefully that will change tonight.

Following the tragic death of Sarah Everard, the Opposition tabled an amendment that would extend whole-life orders to someone guilty of a murder, abduction and sexual assault of a stranger. A whole-life order is a commitment that the offender will never be released from prison again. The Opposition believe that, for this crime, a whole-life order is the only appropriate sentence. Amendment 50 would mean that anyone found guilty of the murder, abduction and sexual assault of another person—crimes that are so reprehensible—would spend the rest of their lives in prison. I do not feel that that is a difficult point and I hope the Secretary of State will agree.

The Victims’ Commissioner and Domestic Abuse Commissioner have called out the culture of misogyny throughout the criminal justice system that is clearly demonstrated in the response to domestic homicides. A quick scan through recent data powerfully illustrates that point: according to a report by the Femicide Census, 62% of women killed by men were killed by a current or former partner, and 70% of all murders of a woman by a man took place either in a shared home or in the victim’s home.

Yet we know that there is a serious anomaly in the sentencing of homicide cases that results in murderers who kill in the home being treated far more leniently than those who kill outside the home. As Carol Gould put it so poignantly,

“Why should a life taken in the home by someone you know be valued less than a life taken by a stranger in the streets?”

It is clear to the Opposition that it should not, and that is why we have tabled new clause 86, which would require the Lord Chancellor to commission an independent review into that aspect of sentencing. In this country, a woman is killed by a man on average every three days. From 2017 to 2019, there were 357 domestic homicides. The perpetrators of those despicable crimes cannot expect to benefit from this sentencing anomaly any longer.

As the law currently stands, complainants of serious sexual offences are granted lifelong anonymity. Although in some cases, identifying a complainant could result in an offender being prosecuted for contempt of court, they will, more often than not, receive only a fine. During questions on this last month, I raised the case of Phillip Leece to show just how devastating revealing the identity of the complainant can be. For naming and humiliating his victim online, he received a pathetic fine of only £120. At the time, the Lord Chancellor seemed to agree with me that the law in this area must be strengthened. New clause 87 would do just that by giving judges the power to sentence offenders for up to two years. In Committee, the Minister indicated that the Government took that point seriously, but went on to vote against the Opposition’s new clause. The Government accept that work has to be done in this area, so let us see tonight what the action is.

May I pay tribute to my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for raising the important issue of the use of sexual history in rape trials? The Opposition wholeheartedly agree that no victim of a sexual offence should have to feel victimised twice by experiencing a hugely traumatic experience in the courtroom. The last thing we want is for an alleged victim of rape to face the ordeal of their sexual history being discussed in court unless the strictest of criteria are met. If section 41 is not being used as intended, it is only right that it is reviewed and, if necessary, strengthened. That is the purpose of new clause 88, which would compel the Government to seek the advice of the Law Commission as to whether section 41 is fit for purpose. Yet again, this is too important an issue to be kicked into the long grass, and I would appreciate assurances that any review will be completed before a victims Bill comes before the House.

Amendment 124 would ensure that any expansion in the use of audio and video links in courts will not undermine access to justice or the efficiency of our justice system. As the Lord Chancellor will appreciate, the move towards jury members being able to sit remotely is a seismic shift that could have profound consequences. It is concerning therefore that the Government seem content to introduce clause 168 without any evidence base or consultation. In Committee, the Opposition tabled several amendments that would provide safeguards to clause 168, but the Government rejected them on the basis that they were unnecessary. The hypothetical benefits of remote juries are limited, but it is crucial that those limited benefits are not introduced at the expense of access to justice and the right to a fair trial. Amendment 124 would ensure that the expansion of audio and video links is not implemented until an independent review has been undertaken.

Pets are a much loved and integral part of all families, and certainly of our family—I am thinking of my dog, Silver, as I say that. They bring us support, comfort and happiness, and I am smiling already thinking of my beautiful dog at home. During the pandemic, the number of dog thefts has skyrocketed, and we are now at a point where at least five dogs are stolen in England every day. That is why the Opposition have tabled new clause 98. Pet owners up and down the country would be horrified to learn that while the law of theft caters for certain offences—for example, the theft of a bicycle, of scrap metal and of wild mushrooms—that is not the case for the theft of pets, and this must change.

I am pleased to see that the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) has tabled new clause 16, which is in effect a carbon copy of the new clause that we tabled in Committee. I am pleased to have the support of a Spurs supporter and a long-standing Member of the House, but I think we could do better. Since Committee, concerns have been raised about the two-year maximum tariff and we have listened to those concerns. As the Lord Chancellor will know, many of these thefts are being conducted not by petty criminals but by highly organised criminal gangs working across borders, and we are concerned that a two-year maximum penalty would not act as a sufficient deterrent to those people, so we have raised it to four years in our new clause 48. I hope that the Lord Chancellor can hear that the official Opposition are attempting to be reasonable, and that he will support some of the new clauses that we have put forward tonight.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

It is a pleasure to follow the right hon. Member for Tottenham (Mr Lammy), particularly as he referred to my new clauses—although not all of them, it has to be said. He referred to one of them, but there are two more. The new clauses are very clear, and I shall speak to them this evening. New clause 14 would require the cash sale of pets to be banned so that the only way for people to do those sales would be by cheque or bank transfer. That would mean that pet sellers could be tracked and the owners identified. This has become too easy a business.

New clause 15 would make it compulsory for pets that have to be microchipped to be scanned as well by vets, to check that the microchip number is registered on an approved database and that it confirms the correct registered keeper. New clause 16 would make the offence of pet theft a specific category of crime, as the right hon. Member for Tottenham said, carrying a much more significant set of fines and even incarceration.

[Mr Steve Baker]

Of course I share my right hon. Friend’s sentiment, but I was a bit concerned when I read his new clause about microchips. Is it really going to end up creating offences for vets? I would have thought they already had enough on their plates in often difficult and emotional circumstances.

[Sir Iain Duncan Smith]

That may be the case, but the reality is that, by law, dogs must be microchipped. It makes no sense to microchip a dog, only for some vets not to scan them. That would mean that people who had stolen dogs could simply take them to the vet of their choice, knowing that they would not be scanned. The point is that if we have an offence, we must follow it through. Those pets must be scanned; otherwise, they will get stolen and sold without redress.

Those were the three areas that were raised with me, and many of my colleagues and friends who have signed these new clauses have also faced the same concerns. There has been a staggering welling up of anger, concern and worry about what might happen to people’s pets. There are some who will not go on walks with their dogs at the moment for fear of what might happen. It is important for the Government to recognise that this is a major concern.

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

My right hon. Friend is championing a noble cause that many of us feel very strongly about. Has he received the assurances that I have no doubt he has requested from the Government that they share our serious concern and that they intend to act, if not tonight then certainly in due course, on precisely the issues he has raised?

[Sir Iain Duncan Smith]

I thank my right hon. Friend for his intervention. The truth is that I have had a lot of discussions with my right hon. and learned Friend the Lord Chancellor about this, and I feel that he is very sympathetic. I am sure that he can speak for himself, but I hope that he will give an undertaking that the Government will return to this matter in this Bill, at least by the time it is in the other place, and make whatever changes are necessary to the laws and regulations in terms of criminal justice. I have a high hope that that will be the case, but I will leave it to my right hon. and learned Friend to make his position clear when he gets to his feet.

[Steve Brine]

I want to back up my right hon. Friend, having put my name to these amendments. The reason that this measure needs to be in this Bill is that we have seen such a huge rise in the number of pet owners during the pandemic. I have not seen the amount of casework on this issue in 11 years that I have seen in recent months.

[Sir Iain Duncan Smith]

I thank my hon. Friend for that intervention. He is right, and that is the point I was trying to make earlier. There has been a huge upwelling of anger and concern about the theft of dogs in particular, but pets in general. These three new clauses highlight that particular issue. It is not a simple thing or something that can be ignored, and it is quite interesting to look at what has happened to prosecutions.