Oral Answers to Questions

Debate between James Gray and Damian Green

Wednesday 29th November 2017 Commons Chamber

[James Gray (North Wiltshire) (Con)]

The Royal Air Force is unique among the three services in having been established by an Act of Parliament, which received Royal Assent 100 years ago today. Will my right hon. Friend find time in his busy diary to join me and Members of both Houses and staff from throughout the Palace in celebrating the magnificent service that the RAF has given to this nation over that 100 years, at a unique parade in the atrium of Portcullis House at 7.30 this evening by the Queen’s Colour Squadron?

[Damian Green]

I have already mentioned the centenary today, and my hon. Friend is right to bring it up again. We cannot pay high enough tribute to the men and women of the RAF for a century of service that will go on for a long time into the future as well. I am glad that he has managed to get an advert in for the parade this evening in Portcullis House.

Oral Answers to Questions

Debate between James Gray and Damian Green

Wednesday 22nd November 2017 Commons Chamber

[Damian Green]

Yes, indeed. That is the whole point not just of the National Cyber Security Centre, but of the very significant investment I have just mentioned—£1.9 billion—which is set to transform defences against cyber-attack across the public sector, for central and local government, particularly the health and defence sectors, as well as advising the private sector, because our defences obviously need to be mutually dependent across the public and private sectors.

[James Gray (North Wiltshire) (Con)]

Does my right hon. Friend not accept that none the less there is a slight lack of clarity on who within the Government has ultimate responsibility for cyber-security, both offensive and defensive? Is not it time we had a cyber-department that would be responsible for defending this nation against cyber-attacks and thinking about ways it could possibly be used abroad?

[Damian Green]

My hon. Friend is right that we need proper co-ordination. That co-ordination role falls to the Cabinet Office, but clearly there are important areas where the Home Office has direct responsibility for operational matters, and obviously the Ministry of Defence has responsibilities in purely military terms. I am happy to reassure him that the co-ordination comes through the Cabinet Office.

Oral Answers to Questions

Debate between James Gray and Damian Green

Wednesday 5th July 2017 Commons Chamber

[Damian Green]

It is interesting that the hon. Gentleman brings up Scottish education, which is, as he knows, the responsibility of the Scottish Government. I point out that in England, where this Government have responsibility for education, there are 15,500 more teachers than there were in 2010. As he knows, the Government have asked independent public sector pay review bodies to recommend what should happen in their respective professions each year, and the House may be interested to know that the Government have accepted every recommendation made by a public sector pay review body since 2014.

[James Gray (North Wiltshire) (Con)]

The Gray family have a monopoly on Question 1. Of course, we all have every sympathy with public sector pay bodies, and it is right that we listen to what they say. Nevertheless, does my right hon. Friend agree that if we are to accede to every request, we will have to pay for it by either decreasing spending or increasing taxation? Which would he prefer?

Police Cautions (Young People)

Debate between James Gray and Damian Green

Wednesday 17th April 2013 Westminster Hall

[Damian Green]

The changes to the Rehabilitation of Offenders Act 1974 will have retrospective effect. I will come to the case of my hon. Friend’s constituent, but I can give him that general reassurance.

Employers have a key role in how criminal record information is treated, and they should have a fair and objective policy on the recruitment of ex-offenders. It is important that they should consider the circumstances and relevance of a spent, or unspent, conviction where that is disclosed. That should include taking into account the age of the person at the time, the disposal received and what the person has done in the meantime. Of course, we encourage employers to adopt that fair approach, which is critical in assisting ex-offenders in obtaining gainful employment and, therefore, helping their rehabilitation. It ought to go without saying—but it is worth mentioning—that a minor youthful indiscretion should clearly not be a barrier to employment in later life.

Turning to my hon. Friend’s constituent, I understand that she received a caution for theft aged 15 but now wishes to pursue a career as a lawyer. That is an occupation listed on the exceptions order and therefore disclosure of spent cautions and convictions can be requested and an employer can take them into account. As he said, she has been advised that her caution means that she may not be accepted to practise law. However, I am pleased to say that, from his description of the case, it appears that she will benefit from our proposed amendment to the exceptions order. As I have said, under the proposals, a caution received as a young person for a non-specified offence, which includes theft, will no longer be subject to disclosure, nor will an employer be able to take it into account, after a period of two years. I should be clear that the caution will nevertheless remain on the record, but the changes to the exceptions order will specifically address his constituent’s case. Clearly, there are circumstances in which the disclosure of all cautions and convictions may still be required, such as in subsequent court proceedings.

Returning to the use of out-of-court disposals in general, we know that it is important to consider the need to provide assurance to the public that they are being used appropriately and proportionately. We very much recognise the concern of the public and that expressed in the recent Justice Committee report about the proper use of out-of-court disposals. The Chairman of the Committee, my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), is here, and I thank the Committee for contributing to a thought process that has led to our review of simple cautions. The Ministry of Justice, the Home Office and the Attorney-General’s office will be working closely with the police and the Crown Prosecution Service, as well as taking the views of practitioners across the criminal justice system.

The review is considering a number of issues: the existing guidance and practice relating to the use of simple cautions; whether there are some offence types for which the use of simply cautions is generally inappropriate—and if so, what procedures we should adopt; the reasons why multiple cautions have been given to some criminals; the difference in the use of cautions by different police forces and whether increased scrutiny is needed to ensure that they are used consistently; and the impact on individuals of accepting a caution, including any potential impact on future employment. I take the point that was raised by a couple of hon. Members in the debate on whether the use of such disposals may have a disproportionate impact on different communities.

I should make it clear that, although the review into cautions is focused on adult simple cautioning, it will consider aspects of youth cautioning and adult conditional cautioning, where there is good reason to do so. The Justice Committee expressed concern about the provision of oversight and scrutiny of how the police are using out-of-court disposals, so I hope that the various Committee members who are here at the moment will welcome our commitment to look into the matter further.

I make it clear that the Government believe that out-of-court disposals have an important part to play in the youth justice system, because they can provide a quick and effective resolution to a crime for the victim, which a court case might not. My hon. Friend the Member for Winchester asked a specific question about the Government seeking leave to appeal to the Supreme Court. We consider that the terms of the judgment are simply too broad, but, as I have mentioned, the orders that we laid before Parliament on 26 March can be taken as our response to the judgment, and the orders will come into force when they are approved by the House.

More generally, the provisions in the LASPO Act that came into effect earlier this month have significantly simplified the youth out-of-court disposals framework, by providing clearer and simpler decision-making for practitioners, a greater understanding for the public of how the disposals fit together and the circumstances in which they are used—

[Mr James Gray (in the Chair)]

Order. I apologise for interrupting the Minister, but the clock dictates that I should do so. We now come to the next debate.

Oral Answers to Questions

Debate between James Gray and Damian Green

Monday 6th September 2010 Commons Chamber

[Damian Green]

I am grateful to my hon. Friend for that question. He will understand that I cannot comment on the case on the Floor of the House, but if he wishes to write to me, I will of course look into it and get back to him as soon as possible.

[Mr James Gray (North Wiltshire) (Con)]

The Minister will be aware of the awful case, widely reported at the weekend, of Sergeant Mark Andrews of the Wiltshire constabulary who was convicted of a serious assault on my constituent, Miss Pamela Somerville, when she was incorrectly in police custody. Will Ministers take a look at the rules, regulations and protocols covering police cells to make sure that that kind of outrageous event cannot occur again?