Sentencing Bill

Debate between James Daly and Jerome Mayhew

Wednesday 6th December 2023 Commons Chamber

[Jerome Mayhew (Broadland) (Con)]

I will try to be brief, and will pass quickly over clause 1 of the Bill, other than to welcome it. It delivers on our manifesto commitment to have tough sentences for the most serious crimes. Also, it finally delivers on the contract that was struck with the British people back in 1965—when capital punishment was repealed, the quid pro quo was life imprisonment. That, however, has never been the case—life imprisonment for serious murder—so the whole life order delivers on that original contract. I welcome the clause for that reason alone.

I move on to clause 6, which much of this interesting debate has been about. It is absolutely right to say that there is a balance of competing forces. The criminal justice system has to balance punishment with the reduction of reoffending. I absolutely agree with my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) that there is a moral perspective to punishment: society expects that people who commit crimes will receive punishment and wants them to see the physical consequences of crime. My hon. Friend the Member for Harborough (Neil O’Brien) is right, too, that when a perpetrator is behind bars, a community experiences physical relief, and that is a common good. But—and it is a big “but”—those benefits have to be balanced with systems that lead to a reduction in future reoffending.

Although we have been arguing a little about the details behind the evidence, the overwhelming weight of the evidence that I have seen is that short-term prison sentences do not lead to reductions in reoffending—in fact, quite the opposite. Although there are benefits to prison sentences, and I have named a couple, there are costs as well. One is that we perhaps turn a small-scale offender into a much more detailed offender because they will meet and mix with the wrong kind of people, and lose their jobs, homes and relationships—all the binding elements of community membership. When they come out, they are statistically more likely to reoffend. That is a cost of prison, and we should not shy away from that. We should recognise it.

I have looked up the data about the effectiveness of sentencing options on reoffending from the Sentencing Council, an arm’s length organisation, which says:

“The evidence strongly suggests that short custodial sentences under twelve months are less effective than other disposals at reducing re-offending. There is little evidence demonstrating any significant benefits of such sentences. Indeed, there is a reasonable body of evidence to suggest short custodial sentences can make negative outcomes (such as reoffending) worse.”

[James Daly]

Will my hon. Friend give way?

[Jerome Mayhew]

I will not. I am so sorry, but I have only a couple of minutes.

The quote gets to the nub of the matter. I am a deductive reasoner; my right hon. Friend the Member for South Holland and The Deepings, who is no longer in his place, says that he is an inductive reasoner. Just because someone is an inductive reasoner does not mean that they no longer look at the data. We need to do both. It is because I have been looking at the data that I support the Bill.

Employment Relations (Flexible Working) Bill

Debate between James Daly and Jerome Mayhew

3rd reading
Friday 24th February 2023 Commons Chamber

[James Daly]

Obviously, I applaud everything Watford-based, but my hon. Friend makes a very serious point—it was also made by the hon. Member for Bolton South East—which is that in order to make a difference, we must have such events. We must ensure that employers and others involved in the local economy, whether in Watford or elsewhere, take these issues seriously.

[Jerome Mayhew (Broadland) (Con)]

I am grateful to my hon. Friend for giving way, because many Members are seeking to intervene on this for some reason. I just want to draw the House’s attention to a veterinary practice in Rackheath in my constituency, where the building itself has been constructed to be flexible for people with autism to work there, both as veterinary practitioners and in the support services. Does that not go to show how, with foresight, we can make accessible for people with autism those areas of employment that were previously inaccessible?

[James Daly]

There is not much else I can say about that, other than that it is very good news.

--- Later in debate ---

[James Daly]

I agree. As has been said in relation to the importance of flexible working for family and all sorts of other reasons, it is important that a statement is made in law. Flexible working is already in the legislation that has been referred to, but we must make it very clear that this Parliament supports it if it can happen.

One of the things that concerns me about flexible working is the definition. We have already discussed the best form of flexible working, and there are sectors of the economy and parts of the workforce that are currently enjoying it, but I want to make this serious point. During the pandemic, flexible working was a necessity. My local authority decided to allow the vast majority of its staff to continue working from home. That may be a good or a bad thing—who knows?—but that was its decision.

However, there are considerations to be made. I have serious concerns about the impact of taking a huge sector of the workforce out of Bury town centre because the money that those people bring in to the urban centre is very important. I support flexibility in the sense that the hon. Member for Bolton South East set out, but it is not an open invitation to local authorities simply to continue arrangements that were put in place during the pandemic. What we are looking for is not flexibility for flexibility’s sake, but a system that allows proper access to the workforce for people who are being excluded and gives flexibility to people who have very good reasons to request it.

We often talk in the generality about a lot of things in this place, but the vast majority of the workforce in this country work in small and medium-sized enterprises of nine employees or fewer, such as in the sector that I worked in all my life. We must not underestimate the requirements on small businesses. Politicians can stand up and say words that make them feel good about themselves, but people still have to pay wages. There has to be a business there to allow flexible employment. Flexible employment cannot be imposed upon a business that cannot afford it. In vast sectors of the economy, it is simply impossible because people need to be in an office.

In my sector—this is why I mentioned my entry in the Register of Members’ Financial Interests—the challenges during the pandemic of being a conveyancing solicitor working from home were incredible. I would argue strongly that people in my sector need to be in the office. There needs to be that team environment, because it increases productivity. I am sure that it would work very well in other sectors of the economy, but we have to be open and honest about this. We cannot just impose principles on business if they cannot afford to pay the bills.

[Jerome Mayhew]

My hon. Friend is absolutely right that there is a balance between the needs of the employer and the perfectly fair needs of the employees. Does he agree that this Bill seeks to get the balance right by imposing a duty of consultation, not an absolute right?

[James Daly]

That is the exact reason why I can support it. The administrative burden that it would place on employers would not concern them. Essentially, the law is changing very little from the current position, so I completely agree with that point.

We always talk about big employers with thousands of employees that can put in place all sorts of work models, but the self-employed and small businesses cannot take advantage of this. Too often, we miss those people out of the conversation when we talk about employment rights and other things that are crucial to those sectors. To be able to pay the bills in this place, we have to ensure that small businesses and the self-employed are not burdened by over-regulation. They must be able to flourish and support employees.

The other thing that is quite clear from my sector and, I suspect, most sectors of the economy is that, although we talk about flexible working, if an employer does not allow a skilled solicitor to have flexible working, they will get a job elsewhere in about five seconds. The question here is not simply about having flexibility for flexibility’s sake; it is about skills and the sector. With the market we have at the moment—there are the best part of a million vacancies—employers who do not take advantage of employees with the correct skillset for their area of work will lose them, and they cannot be replaced in the modern employment market. In many ways, the employment market is addressing this problem internally, but skills are absolutely essential to this discussion as well.