Public Order Act 2023

Debate between James Daly and Tom Hunt

Tuesday 16th May 2023 Commons Chamber

[James Daly]

That is absolutely correct. In terms of how statute is drafted, I do not know what the Opposition want. If, for each criminal offence on the statute book, they want an absolute definition to cover every single circumstance that the police ever face, we will have the longest Acts ever to appear in this place.

The Conservatives have confidence in our police and our prosecuting authorities to use the discretion that this Parliament gives them to make correct decisions. If they do not make the correct decisions, those matters are tested in court and, as has been said, if there is an unlawful arrest, there is a legal process to deal with that. The fact that we are arguing about that here is utterly bizarre to me.

[Tom Hunt]

Does my hon. Friend find it curious that the Labour contribution to this debate seems to be for shadow Ministers to heckle speeches from Conservatives and not to offer any speeches of their own? Can he think why that may be the case?

[James Daly]

I enjoy being heckled by those on the Front Bench, so I will take that.

I think we have got to the heart of the SNP argument. The hon. Member for Glasgow Central (Alison Thewliss) said she believed people should be able to protest in any way they want. Now if we take that argument to its end, it means that if someone glues themselves to the middle of the M62 or the M6 in my area, causing untold disruption and having a huge impact on people’s lives, there is no problem in respect of that.

There always has to be a restriction on the right to protest, compared with its impact on others. Why should Republic turn up to a coronation, where hundreds of thousands of our fellow citizens are celebrating, and find it strange the police are there and may well have concerns about behaviours that are going on, on the basis of intelligence that they have received? That is the job of the police. That is what happens in those circumstances.

Criminal Law

Debate between James Daly and Tom Hunt

Tuesday 28th January 2020 Commons Chamber

[James Daly (Bury North) (Con)]

Prior to coming to the House I was a criminal legal aid defence solicitor for 16 years. As my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) mentioned, this statutory instrument simply takes us back to a position that I recognise from the courts prior to 2003. It is no more than that. Sentencing is a multifaceted matter that covers many issues, but I have yet to hear one positive, coherent argument as to why we should keep automatic release at the halfway stage in sentences for the most dangerous offenders. There is no argument for doing that. I have yet to have a constituent in Bury North knock on my door to say that we must keep that for the public good—there clearly is no public good in it.

We are here to defend the public interest. Why is this statutory instrument in the public interest? It will protect the public, for the reasons articulated by all speakers in this debate. Importantly, it will increase the deterrent impact of long-term sentences. What I take from my experience in the courts is that severe, deterrent sentences have an impact on behaviour, which this debate sometimes seems to ignore.

As other colleagues have said, this measure allows an extra period of rehabilitation for offenders. Valid points have been raised about the nature of the rehabilitation programmes that are available, especially in prisons, because sentencing is worth little if it is not effective. Sadly, despite our having fantastic probation officers and fantastic prison officers, my experience of working in the criminal justice system is that rehabilitative sentences have simply not achieved the expected outcomes, whether in reducing reoffending rates or putting people on to a more positive way of life. I urge my hon. Friend the Minister to look at those sentences, because they are not working. Much work has to be done to address the underlying reasons for offending. Most importantly, victims and their families must be at the centre of our thoughts in any sentencing guidelines and sentencing measures that come through this place. I am sorry for repeating myself, but it is inconceivable that we could say dangerous offenders should automatically be released at the 50% stage—it is as simple as that.

We are dancing on the head of a pin. We can debate other important things, but I would welcome it if any hon. Member could point to a constituent who thinks such automatic release is a good idea.

[Tom Hunt (Ipswich) (Con)]

We recently had a tragic case in Ipswich in which a young man was murdered. The murderers were sentenced to life in prison, and another was sentenced to 14 years for manslaughter. He bragged on Facebook about how easy it is in prison and how he will be let out halfway. As a direct result of that action, would it not be reasonable to eliminate any chance he has of being let out halfway?

[James Daly]

Absolutely. My hon. Friend’s words speak for themselves.

I congratulate the Front-Bench team and my other colleagues. We are acting on a manifesto commitment that is in the public interest and that will have an impact on offending behaviour. We have all talked about other related issues, but this is a good measure that is supported by the public, and I warmly welcome it.