(10 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That this House has considered the case of Colin Worton and compensation following an acquittal.
The case of Colin Worton is an indictment of the justice system and how it operated in Northern Ireland. I ask Members to cast their minds back 32 years, to when Northern Ireland was in the midst of the troubles. At that time, a Roman Catholic workman, Adrian Carroll, was murdered, gunned down in the streets of the city of Armagh. That was an injustice that has not been properly addressed. In fact, 32 years ago, a double injustice was done, when Colin Worton, a serving solider in the Ulster Defence Regiment, was arrested, held, questioned and subsequently charged. He was held behind bars for several years awaiting trial, where the case was thrown out because it was deemed by the judge that the statement he had made had come about under severe duress.
That injustice affected Colin Worton’s entire life and all his family. His father had already lost one son to terrorism, gunned down in the Kingsmill massacre. He then effectively lost his other son, Colin—a man who was serving Queen and country—along with Colin’s good character, through a smear and a charge that he was somehow a terrorist.
Colin Worton served in the Ulster Defence Regiment, as did I. He worked long hours, at unsociable times. Is it not despicably wrong that a man who gave so much for Queen and country and for his neighbours and his friends—indeed, to protect his enemies as well—is still waiting on justice today?
My hon. Friend’s comments echo and amplify the indictment of a system that has blinded itself. Justice has to be fair, but when it blinds itself so much to an injustice that it cannot find a mechanism or way to clear and compensate a man properly, something is fundamentally wrong with the system.
(10 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to speak on this matter. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on bringing it forward.
It is my belief that we are elected to this place to do the best for our constituents. The best may not always translate as the most popular, but these are the choices that must be made by Members of this House. I cannot say that no good has come from the Human Rights Act—this would be an untruth—but I can, and as an MP I should, question whether it is the best form of rights protection. My conclusion may not please everyone in the House, but it is something that my party and I have deeply considered. We do not believe that it is the best way of protecting rights.
The Democratic Unionist party has long been critical of the Human Rights Act and the way in which it has been interpreted by the European Court of Human Rights. The Act has been abused by criminals and terrorists, who have used spurious challenges to avoid deportation. It has failed to protect the rights of innocent victims adequately. We want laws that assist victims to secure justice rather than enabling perpetrators to avoid it. We support, as a minimum, the reform of the Human Rights Act, to remove the “right to family life” defence against deportation upon conviction for a serious criminal offence.
Does the hon. Gentleman agree that his party is part of the institutions? His party leader is the First Minister in Northern Ireland and he is part of those institutions, as is his party. That is deeply enshrined with the Human Rights Act and the Good Friday agreement. Both are co-related; one cannot exist without the other, and central to all of that is human rights.
Obviously I would not agree with that. We certainly do not adhere to or support the Belfast agreement. We have no affinity with it whatsoever—I will speak about that later, if I can.
Whereas the Human Rights Act in principle was a good thing, once lawyers became involved it changed. A researcher in my office has a BA in law and I understand that she and I agree about this. I sometimes feel when I hear of European judgements that the status of our own judiciary is perpetually challenged by cases in courts where some of those presiding have questionable experience and make questionable rulings. How often do we hear of a European ruling and ask, “How can this be?”? Many is the time I ask this, and others do as well. The ruling on the Abu Qatada case has been mentioned, and it has been revealed that seven out of the 11 top judges at the Court have little or no judicial experience. Our British judges have to go through all the years of professional experience before they get to that position, yet some of the other judges making those decisions do not have the necessary experience or qualifications. How can we accept judicial rulings by those who are not in a position to do their job? That is one of my major reasons for opposing the enforcement of the Human Rights Act over our own law and rulings.
Mr Betts, I am conscious that others want to speak, and I want to give them the chance.
Four-hundred and twenty-five foreign national prisoners won their appeals against deportation
“primarily on the grounds of Article 8”.
I have some concerns about article 8; perhaps the Minister will give us his thoughts about that.
In response to those who say that any amendment of the Act would be a breach of the Belfast agreement, my answer is short and clear—I am sure that the hon. Member for South Down (Ms Ritchie) will listen carefully to this. The DUP did not support the Belfast agreement and has no affinity with it whatsoever. In fact, it has long argued that the United Kingdom should have a Bill of Rights that recognises and respects the diversity of the devolved arrangements across the country. The more pressing challenges that face the devolved institutions in Northern Ireland relate to the £2 million per week penalties being incurred because Sinn Fein has reneged on the Stormont Castle agreement—an agreement, incidentally, that the party of the hon. Member for South Down has adhered to as well. Yet she tells us off for not supporting the Act, when she and her party have not acted on what they signed up to in the Stormont Castle agreement, depriving us of £2 million that could be used to employ more nurses and teachers.
The DUP is fully committed to creating a society in which people are safe, secure and protected. We are also working to tilt the balance away from the criminals and towards the innocent victims of crime. That is where our focus will be. For too long people have felt as though the forces of law and order are not fully on their side. We are working to change that. Whether the hindrance lies at a local, national or European level, we want it tackled. It is for that reason that the DUP and I firmly believe that the Human Rights Act cannot continue as it is.
(10 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to speak on this matter. I congratulate the hon. Member for York Central (Rachael Maskell) on outlining the issues so well and in such detail. Issues of staffing, safety and security are not limited to England and Wales, and I would like to give a Northern Ireland perspective to the matter and refer to the Select Committee on Justice’s report in the short time I have available.
The issues in Northern Ireland are no different from those on the mainland. Prison guards feel that they have no ability to restrain or confront dangerous inmates who damage televisions and wantonly break and vandalise equipment that they know will have to be replaced. My hon. Friend the Member for Upper Bann (David Simpson) referred to the £10 million that has been spent on repairs and infrastructure. With some inmates, there is a sense of, “They cannot do anything to me. There are no consequences to my actions.” Issues in England and Wales are pertinent to Northern Ireland, and I spoke to the Minister before the debate to make him aware of the issues to which I wanted to refer.
I am not sure whether the availability of drugs in prisons will be touched on, but something is seriously wrong. People who are not addicted when they go to prison become addicted while they are there. How can that be? I have read some correspondence between the Minister and the Department of Justice in Northern Ireland. Scanners are being introduced to prisons, but they sit gathering dust in offices. I understand that they are not used because prison staff do not want to offend the people who are smuggling drugs into prison. There has to be a method of change, and that has to start at the top with the governors.
Last week, I intervened in the debate on lenient sentences to say that there is a problem when stronger sentences are not handed down for crimes. Let us be clear: people are in prison for a reason: they have done something wrong. The law of the land has laid that down. We need to ensure that funding is available to staff prisons adequately. It is a vicious circle: we need more officers to staff the inmates and to keep things under control, but we also need a legal system that adequately reflects the seriousness of the issue. I am not in any way asking for a call-back to the days when prisoners were kept in their cells day and night; we should be rehabilitating prisoners, and giving them the skills to turn their lives around in the outside world, but we cannot do that by fostering a gang mentality.
Some constituents told me last week about the situation at Maghaberry prison. The dissident republicans can go outside and have their physical exercise and enjoy the sun, which we do not get very often in Northern Ireland, but the Protestants and loyalists in the other section are on 23-hour lockdown. I know that that issue is not the Minister’s responsibility, but I want to have it on the record, because it has been brought to my attention and I am concerned.
There has to be honesty when it comes to the prison system. I have known some people who had a time in prison due to the troubles and came out changed men. They own their own businesses, take care of their families and have become upstanding members of the community. As the hon. Member for York Central said, prison can change people, if things inside are done correctly. It is important that we rehabilitate and skill people to give them a different focus and direction when they get out.
I want to comment on family visits. Accessibility to prisons is so important for families who are unable to travel as much as they would like. It is only right and proper that the Justice Committee’s report expressed grave concern over the increases in assaults, and the hon. Lady referred to that, but we cannot ignore self-harm and suicide among inmates. I will quote from the background notes. One lady referred to her son, who was a suicide victim. She said:
“The Prison Service has our loved ones and they don’t know how to cope with them, they are not trained properly to deal with mental health and they haven’t got the staff to cope.”
Another lady said:
“I didn't expect them to love him, but I did think they would look after him until he came home to get proper treatment.”
We have to look at those issues. They cannot be ignored, because suicide and self-harm does happen.
We have to address assaults. The report said that evidence gathered from Her Majesty’s inspectorate of prisons, the Government’s performance data and other sources
“all indicate a deterioration in standards of safety and performance across the prison estate over the last two years”.
Those issues have to be addressed not only here on the mainland in England and Wales, but in Northern Ireland. I will send the Minister responsible in Northern Ireland the Hansard transcript of this debate and outline the things that we have recognised. The issues are similar in Northern Ireland, and we need to do something.
We also need to recruit more prison officers. We cannot ignore the experienced officers who have left. I am conscious that other people wish to speak, so I will leave this concluding remark: experienced officers have the knowledge and qualities that enable them to deal with things. New officers come in and have to learn how that works. Perhaps more should be done to keep our experienced officers and to ensure that they can mentor and bring on the new officers coming in. I again congratulate the hon. Lady on giving us all a chance to speak on this massive issue, which is important to me, the prison officers I represent, and those who are in prison because of their deeds, but who we hope will come out better people.
(10 years, 10 months ago)
Commons Chamber
Simon Hughes
There are two points. First, my right hon. Friend the Secretary of State and all Ministers are very clear that when vulnerable individuals go into the criminal justice system we must identify whether in fact the issue that needs to be addressed is a mental health issue or is a drugs issue or something else. So we try to prevent people from going through the criminal justice system because it is not user-friendly, particularly for young people. If there is no alternative, we need to make sure that steps are taken, for example that youngsters do not have to come to court but can appear from a distance, such as by video-link, and that they are supported through the whole of that process, not just through the court case but a considerable time thereafter.
Has the Minister considered closer co-operation with the Department for Education to make this matter a staple subject in the curriculum? Would he further consider training for voluntary groups so that they can be aware of the telltale signs of grooming?
Simon Hughes
The hon. Gentleman is right to raise that issue. NSPCC research has shown that six in 10 teenagers have been asked for sexual images or videos online. That is an extraordinary figure, and many of them feel compelled to provide those images as a result of peer group pressure. We are absolutely convinced across the Government, including in the Department for Education, that personal, social, health and economic education—of which sex education is a part—is an important strategy. We need such an education process in the curriculum in every school to warn youngsters of the dangers, so that they know how to deal with them.
(10 years, 10 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mark Durkan
As I was saying before the Division, I was prompted to introduce the debate by a number of issues and observations that have arisen from cases that have been shared with me by Foyle Women’s Aid—not all relate directly to people in my constituency, but all those involved have been using the support of Foyle Women’s Aid—and from some other cases.
I stress that at no point will I be questioning specific decisions in specific cases, nor will I be naming any of the people involved in the cases. That is partly because of the sensitivity of a current case, which I suppose has most prompted me to raise the issue. Just this week, a woman has had to return to Australia with her child, who was born in my constituency, on the basis of decisions that have been made following a case taken under The Hague convention.
I stress that I am not trying to involve the Minister in anything that would rightfully be within the purview of the devolved Department of Justice in Northern Ireland. Perhaps more importantly, I assure Ministers not just here, but in Northern Ireland, that in no way am I trying to second-guess any decision by any judge of the Northern Ireland courts. I want to be very clear that the Lord Chief Justice should have no concern with any of the aspects of the debate that I will raise here today. I do not believe that Members should use any forum of the House to try to second-guess or overturn decisions of judges or the courts.
Rather, the issues I want to raise today are about whether we as legislators need to give more consideration to The Hague convention as it stands, whether the 1985 Act is sufficient and whether additional light needs to be shed on the issue, given all the experience and understanding we now have in relation to the changes to family life and our understanding of it. There is also greater internationalisation of life now and far more complicated trans-jurisdictional arrangements are in place. Also, a more acute understanding has arisen as to the limited regard that different aspects of the law have had for key principles such as the best interests of the child. There is also the question whether the law is duly responsive to any evidence or allegations that arise about conditions of abuse that might have affected a child or that might affect a partner.
The hon. Gentleman has raised an important issue. A parent whose child has been abducted will be aware that their access to legal aid is restricted. Given the vulnerability of all the parties involved, does he agree that it is vital to ensure that they all have the assurance that they will be represented fairly?
Mark Durkan
I thank the hon. Gentleman for raising that point. Legal aid is a key issue for anyone involved at either end of cases such as these, whether they want to bring a case to have their child restored to their custody or they find themselves accused and become a defendant in such a case. The question of legal aid, and the restrictions on it, is particularly acute. Although Ministers have, perhaps understandably, changed position on some elements of legal aid because of more specious cases or cases in which people were testing any sort of claim culture connected to accidents, the fact is that, for a parent, a case about their child is a matter not of calculated choice, but of the emotional imperatives that come with being a parent.
It is important that people should have as much recourse to legal aid as possible, and the decisions around legal aid should be duly sensitised to such situations. Certainly, in a recent case that I know of, a woman has found herself facing a case of child abduction, and on being told to take a child who was born in Northern Ireland back to Australia she found herself in precisely the position whereby she was weakened, so I know this can come on either side of such cases. I am sure that the Minister would be sensitive in all such situations, although we are talking in this case not particularly about one side or another, but about the balance of justice, which goes to the heart of the legal aid questions.
I want to return to the points that particularly concern me, which arise from decisions made recently. I am not concerned because the court made those decisions, but a question arises for legislators and for the Government as the transposing signatory to The Hague convention as to whether we are perhaps leaving courts in a position where they have to take decisions on fairly narrow grounds in fairly shady light, sometimes having to disregard evidence that people try to bring forward in relation to either abuse against them that they allege took place at the hands of the other parent or where they say they have evidence of ill treatment or questionable treatment by the other parent of the child.
It seems that the courts tend to set a very high threshold in relation to consideration of any such evidence, and also then say that it would not be for them to determine anyway, but would be for the court in another jurisdiction if the child was to be returned to that other jurisdiction. It seems that in child abduction cases the courts and the legal profession find themselves almost adopting a standard akin to the rules of the road. For instance, in car accident cases it is automatically presumed that if a person has driven into the back of another car, the liability lies with that person. It does not matter about any other circumstances or conditions; the court does not want to know. It is straightforward.
I hear such a message from people who have handled a number of cases, and the woman who has this week had to return to Australia felt that she was in such a situation. The evidence that she had been raising and pursuing was essentially set aside. That is not because the court did not want to know or because judges wanted to be insensitive to that, but that is not how the law stands and it is not how the law tests such things. Essentially, for the court, the real issue was to decide where the jurisdiction on the matter should rest, and the court has basically said that any of the other issues would be for a court in Australia to decide. That point does not stand alone.
The mother obviously appealed the decision that was made in respect of her and her two and a half-year-old child, but she had to give undertakings. On losing the appeal, she had to sign the following:
“The Appellant agrees not to institute, encourage or pursue any criminal proceedings whether in Northern Ireland or Australia, against the Respondent in respect of any of the allegations made against the Respondent in the course of the Hague Convention proceedings.”
Here we have The Hague convention being operated and brokered via the courts on the basis that, even if there is evidence that could give rise to possible criminal proceedings, as part of the discharge of a case under The Hague convention such evidence is not to be pursued.
As a legislator, I believe that that goes against the grain and the spirit of much of what we have heard from the Government in recent times about more responsive and alert reactions to evidence that arises in different family circumstances.
In this particular case, issues did arise around whether the child was exposed to risk. I do not want to go into any of the particulars of that, but the determination seemed to be that that was not a matter on which the courts would or could hear anything. Again, to my mind, that is inconsistent with the very clear standards that we hear ringing right across all the political institutions in recent times: in relation to the position of children, every effort will be made to ensure that the best interests of the child are fully considered and addressed.
In relation to how such cases are addressed, it seems to be very hard for anyone to find out whether anybody has the role of advocating the best interests of the child. It is not clear that the court is in a position to hear or take the evidence. Perhaps we need to apply some of the yardsticks developed under the Modern Slavery Bill, which states that in some instances there will be a child advocacy service whose responsibilities will be particularly to speak to and address everything on the basis of the best interests of the child. Perhaps that should be applied here.
I hope that the Minister and his Department, and his colleagues in other Departments, because I know this cuts across various Departments, will take the spirit of what has been said on so many other fronts and make sure that it also informs how we go forward with The Hague convention, in terms of how we address it as legislators, how the Government address their role as a signatory and how they take forward their discussion with other Governments in modernising The Hague convention and the various memorandums of understanding that go with that, so that none of what we are saying in relation to child abuse and domestic violence—violence against women or anything else—runs out when it comes to the very important and vexed issue of The Hague convention.
(11 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I congratulate the hon. Member for Stretford and Urmston (Kate Green) on securing this important debate, which allows us to discuss the changes in great detail. I thank her for her speech, which accords with my thoughts. Policing and the probation service is a devolved matter, so the Minister is not directly responsible for what happens in Northern Ireland.
This debate is about probation changes. I want to make some brief comments about Northern Ireland, and then I will make some observations about what the hon. Lady said and raise my concerns. Often, when something happens on the UK mainland, it becomes a line of thought for Northern Ireland, and I would be concerned if that happened with probation services.
The changes to the probation service in Northern Ireland are all monetary. Budgets have been reduced, which has had the effect of increasing reoffending. The budget for the Probation Board for Northern Ireland has been reduced to approximately £18 million, which, it has said, is likely to increase reoffending. I, like probably everybody else here, believe that investing in probation saves money in the long term. It saves money in the criminal justice system and ensures that offenders do not reoffend. The 12% cut to the budget of the Probation Board for Northern Ireland has put the service under more pressure and will lead to more reoffending. That, in a nutshell, is where we are in Northern Ireland. Changes have been made to the Probation Board to cut costs. The hon. Lady outlined the potential changes in England and Wales, and I want to make a couple of observations about that.
I am concerned about what is being discussed here because we in Northern Ireland look to the mainland for policy direction. We look to the mainland for what is right so we can consider it when we make policy in the future. I am conscious that the difficulties in the Government’s proposals might affect us. Under the new plans, in England and Wales private companies and charities will be offered payment by results for supervising people released from jail. Every offender who leaves jail, including those who have spent only a few days in prison, will have to complete a year-long supervision period, and they will return to custody if they reoffend.
People have expressed concerns that the plans to privatise 70% of the probation service will lead to more criminals reoffending while on parole or probation while the changes are being put in place. The hon. Lady outlined that issue clearly. She put myriad questions to the Minister, for whom I have great respect. He is deeply interested in this subject, and I look forward to his response.
Some 400 serious crimes are committed by people on probation or parole each year. The National Association of Probation Officers, the probation union, claimed that that figure could rise, as there will not be enough staff in the private sector to recognise the risks properly. My concern is that restricting staff and changing criminals’ supervising officers will increase the chance that criminals will reoffend. The hon. Lady outlined that problem clearly. Under the Government’s plans, public sector probation will focus purely on public protection, and the winners of the rehabilitation services contracts will deliver reductions in reoffending. The statutory probation agency could continue to sit on boards, but, crucially, unless it manages the contracts for rehabilitation, it will have little authority and no budget to influence reconviction rates. There is a clear need for tougher reoffending targets. Perhaps the Minister in his response can indicate whether the Government’s intention is to set targets. If such targets are met by the companies, will they be rewarded in some way to encourage them to do more?
Undoubtedly, the system needs changes and the aims are admirable, but how effective the changes will be is another question altogether. More than half a million crimes are committed each year by those who have broken the law before. The reforms will finally address the gap that sees 50,000 short-sentence prisoners released on to the streets each year with no support or incentive not to reoffend.
Although the reforms are a welcome step in the right direction if done correctly, people have concerns. Payment by results is a frightening possibility, because for many of the people released from prison, the results can be a long time arriving. There is also a risk that that might mean that companies target those who will likely get them good results. I am sure that that is not the Government’s intention, but that is a potential result that we need to keep in mind and consider putting safeguards in place to prevent.
The hon. Gentleman is making some considered points about how the programme may or may not apply in Northern Ireland. My advice would be that he could gain the benefits that the Government aspire to achieve from very different means that would have far fewer risks to public safety. We care about what happens in Northern Ireland, just as he cares about what happens on the mainland, so I urge him to consider alternative approaches that may be safer.
I thank the shadow Minister for that valuable assistance to my line of thought. Westminster Hall debates provide an opportunity to discuss these matters and see what we can do. We all believe in the United Kingdom of Great Britain and Northern Ireland altogether and I hope to see that retained.
One of the changes that perturbs me greatly—there are public safety concerns—relates to the access of all staff to detailed case records. Some cases contain details of victims, including rape victims. Access could mean that their names become known outside the system. What precautions will the Minister put in place to ensure that that does not happen?
The hon. Member for Coventry South (Mr Cunningham), who just left, mentioned a pilot scheme. In many cases, pilot schemes are an opportunity to get it right, which goes back to what the shadow Minister said. I wonder why such a scheme was not considered to bed the programme in, allow us to learn from what was wrong and improve on that. We in Northern Ireland could have taken from that the best way of operating, because, no doubt, we will consider such a programme in the future.
Undoubtedly, any work that supports offenders is welcome. We want to help to make staying out of trouble a reality. However, that needs to be achievable. This programme will certainly help in that process, but we need to be wary of cutting or changing the probation service so much that it can no longer function efficiently.
We want to keep our services working as well as they possibly can. That may mean encouraging private companies to work alongside them, but let us be mindful that it is just that—our services and private services working alongside one another in harmony for the benefit of the community—and not a replacement for the great probation service we already have. I thank the hon. Member for Stretford and Urmston for giving me the chance to speak on this matter.
(11 years, 2 months ago)
Commons ChamberAlthough I cannot promise to review the case, I will ask for the files and take a close interest in it, and will probably meet my hon. Friend as soon as possible so that we can discuss it.
Following on from the earlier question about mesothelioma, more than 2,000 Harland and Wolff workers received compensation of £30,000 before privatisation in 1989. On 25 July 2012, it was announced that through the Bill that was to become the Mesothelioma Act 2014 there would be a compensation settlement of between £115,000 and £123,000. What steps will the Minister take to ensure that Harland and Wolff workers in Northern Ireland receive comparative and fair compensation?
It is crucial that the sufferers of this horrible disease get the full compensation they are due. We are working closely with victims groups and various other groups, as I mentioned earlier, to ensure that the process is as simple and easy as possible and that the compensation that is rightfully due to them and others is received as quickly as possible.
(11 years, 2 months ago)
Commons ChamberI do not have that detail of information yet. The right hon. Member for Tooting (Sadiq Khan) was absolutely right to point out that many of those may well not have been convicted of any crime, but have been simply awaiting trial. It is particularly important to ensure that such people are protected, but that is a matter for Nick Hardwick’s investigation.
I thank the Secretary of State for his statement, and for underlining the need for confidentiality in the relationship between Members of Parliament and their constituents. As he will know, policing and justice are devolved matters today, but that was not the case back in 2006. What discussions has he had with the Minister responsible in Northern Ireland, David Ford, to ensure that the confidentiality of the relationship between Members of Parliament and constituents is maintained in Northern Ireland?
I have not yet done so because the matter arose very recently, but the hon. Gentleman makes a good point and I will follow it up.
(11 years, 3 months ago)
Commons ChamberMembers on both sides of the House will have experienced incredibly difficult cases in their constituency advice surgeries, but for me, few experiences have been as difficult as meeting my constituents Joanne and Robert Wark from Swillington in May this year.
Joanne and Robert came to talk to me about their son Callum. They described 3 March 1994, the day Callum was born, as the proudest day of their lives; he was a gift that completed their world. People say that a baby’s character shines a light on the adult whom the baby will become, and that was certainly true of Callum. This happy, well- behaved toddler grew up to be a kind, gentle person, and a thoughtful young man who loved his parents and grandparents dearly. As a child, Callum would regularly visit his gran and granddad, and was always eager to help with jobs around their house and garden. Joanne and Robert did a first-rate job in bringing up a child of whom any parent would be proud, a child of compassion and profound generosity.
Callum’s school reports talk of a child who did not always find school work easy, but always worked hard for every educational achievement. The phrase “a pleasure to teach” appeared regularly in his school reports. His family told me of a school sports day when a five-year-old Callum, already sports mad, stood on the starting line of a race that he was the favourite to win. After the klaxon had fired and halfway through the race, he turned around to see his friend—a friend with learning difficulties—standing rigid on the starting line. Callum turned around, ran back, and helped his friend to the finishing line. He lost that race, but he won many more after that.
Callum attended Brigshaw high school, an outstanding comprehensive school near Allerton Bywater in my constituency. On reaching the age of 16, he secured a part-time job at the well-known Strikes garden centre on Swillington Common, and decided that he wanted to go on to do an apprenticeship—to learn a skill for life, and then begin a career. He later secured a job locally, at the Wincanton warehouse. That job was a stop-gap, and while doing it he applied for many apprenticeships. He did not do too well in maths at school, but he needed it for the apprenticeships for which he was applying, so he took it upon himself to enrol on additional maths courses, which he attended on his days off.
I am sure the House will agree that Callum’s work ethic and self-motivation were qualities that we would wish to see in all young adults in Britain today. Just as I had to, Callum worked hard and saved up so that he could afford and insure his first car. He cherished that new-found freedom, as new drivers do, and his new car became his pride and joy. When I met Joanne and Robert for the first time, I noted that Callum’s placid, permanently selfless nature seemed quite uncommon among teenagers today. They were quick to assure me that Callum had “the usual teenage tantrums”, but they were equally quick to add that “he never caused us or anyone else any trouble.”
At 2.47 in the afternoon of 1 March this year, two days before his 20th birthday, Callum was killed when his Renault Clio was hit by a heavy goods vehicle on the A162 between Ledsham and Fairburn, just outside my constituency. The driver of that heavy goods vehicle, a Bulgarian national called Stoyan Andonov Stoyanov, was found to be under the influence of alcohol. He was jailed for just seven years, but is likely to serve only half that sentence, and was banned from driving in the UK for 10 years. Let me put that in context. In 2024, when Callum should have been celebrating his 30th birthday—perhaps with a family of his own, and a good career—his killer could be driving on UK roads again, enjoying all the freedoms of life that his reckless actions took away from Callum.
At the end of my initial meeting with Callum’s parents in Garforth library last May, Joanne turned to me and, with little hope left in her voice, thanked me—not for my offer of support, but for doing something that no one else had done. No one else had asked to hear about Callum the individual: the son, the grandson, the much-loved friend, the innocent teenager enthusiastic about the excitements of the life that he had yet to experience. Callum was not merely a number, nor is he now merely a road traffic fatality statistic. Those who knew him had little doubt that he would one day go on to great things, and today we can create a legacy in his memory. We can give his parents justice, and give a meaning to his untimely death by making an amendment to the law in the name of Callum Wark.
Stoyan Andonov Stoyanov was found to be more than three times over the legal drink-drive limit and admitted to drinking a full bottle of spirits in the 24 hours before the crash. Despite this, he knowingly placed himself behind the wheel of his heavy goods vehicle. There may have been no malice aforethought in his actions, but my constituents and hundreds of campaigners who have signed a petition believe that such actions certainly constitute unlawful act manslaughter. Those calling for stricter sentencing for drink-drivers who kill argue that the deterrent is not great enough. According to the west Yorkshire-based road safety charity, Brake, evidence suggests that the current system to tackle repeat drink-driving is not working: one in eight drink-drivers does it repeatedly, and as many as three in 10 high-risk offenders reoffend. Repeat offending is one of the major drink-driving issues, yet the penalties are the same no matter how many times an individual reoffends.
In 2004, the maximum penalty for causing death by dangerous driving when under the influence of alcohol or drugs was increased to 14 years. However, criminal justice statistics recently published by Brake show that fewer than three in five drink-drivers who kill receive a sentence of more than five years in prison. It is my understanding that a Sentencing Council review is soon to take place and therefore, on behalf of my constituents and all victims of death by drink-driving, I call on the Ministry of Justice to review charges under the Road Traffic Act 1991 and introduce a strict minimum sentence—an amendment to the law, in the name of Callum Wark—to ensure that those guilty of causing death while under the influence of alcohol or drugs serve a stricter minimum sentence in custody.
I dare say that nobody can begin to understand the emotional torment and heartbreak of the families of victims of road traffic fatalities. There is little one can say to offer comfort in those circumstances, but for my constituents, the difficulty of that experience was only made worse by the insensitivity of the Crown Prosecution Service, which, more than anything else, affirmed to my constituents that in the eyes of the CPS—and certainly of their CPS solicitor, Sarah Nelson—Callum was just another number, a statistic. Charities such as Brake offer fantastic support services to the victims of crime, and I know Members across the House will want to support their 17th annual road safety week on 17 November. However, although charities perform a vital role in bereavement support, from the experiences of my constituents, the same cannot be said for the CPS. This may not be the case across the board, and Members might know of cases where their constituents received excellent support from CPS lawyers, but I can only speak from the information relayed to me by my constituents, which showed that support for and understanding of victims’ families is desperately deficient. Perhaps the CPS might therefore look at additional training for those acting on behalf of those in bereavement.
Justice is often sought as a comfort. It is sought after the most horrific of events, but it rarely delivers the sense of closure that those who seek it desire. Justice is not about compensation; real justice is knowing that the killer of one’s child receives a custodial sentence befitting their crime. More than that, justice should be about triggering change: it should be a deterrent to prevent these terrible incidents from happening to another innocent victim.
Callum’s killer was a Bulgarian national, a European citizen. In recent months, there has been much discussion in this House and across my constituency of the advantages and disadvantages of the European Union. For now, at least, Britain is a member of that Union, and my constituents would expect the UK to use its position within it to bring about new measures to protect British citizens in the UK and in Europe. At present, there is no mutual recognition of driving disqualifications between EU member states, other than that between the UK and Ireland. In short, despite a 10-year ban from driving on UK roads, in three years’ time Mr Stoyanov could return to Bulgaria and resume driving anywhere within the European economic area. With 1.8 million Britons living and working in Europe, he will remain a threat to British citizens abroad, despite a 10-year driving ban in the UK.
On the top left-hand corner of my UK driving licence is the flag of the European Union. It suggests that it is an EU-wide driving licence, in a standard format recognisable by officials in all EU member states. That symbol is meant to make it harder for drivers banned in one country to carry on driving undetected in another, yet in practice it is meaningless.
According to the European Union’s mission statement, its second priority is
“to promote and protect democracy and universal rights in Europe”,
but with rights must come responsibility, and it cannot be right that a foreign national sentenced in the UK and banned from driving here can return to his native country—a country within the European Union—and avoid a ban imposed in UK courts. If the EU sees fits to protect universal rights in Europe, surely there must be an obligation on member states to ensure that responsibilities are universal, too. For without collective responsibilities, what is the Union but a talking shop of ideologies? On behalf of my constituents, I urge Ministers to open renegotiations with the European Commission, with a view to reaching mutual recognition of driving disqualifications across member states.
When sentencing Stoyan Andonov Stoyanov at York Crown court earlier this year, the judge indicated that the court would apply for a deportation order on completion of a custodial sentence. My constituents expect that this order will be granted and the individual deported, yet guidelines on the deportation of foreign national offenders under section 32 of the UK Borders Act 2007 highlight a discrepancy between nationals of countries within and nationals of countries outside the European economic area. For example, under present deportation threshold criteria, non-EEA nationals sentenced to 12 months or more are considered for deportation by the UK Border Agency, whereas deportation is considered for EEA nationals only if they are sentenced to 24 months or more, unless the offence relates to drugs, sex, violence or “other serious criminal activity”.
For the purposes of protecting British citizens at home, what is the difference between a foreign national offender from Bulgaria and, for example, a foreign national offender from a few miles over the border in Turkey? Is a criminal from Burgas any less of a criminal than one from Dereköy? Does membership of the European economic area suddenly make a member state’s criminals a lesser threat to UK citizens than those from another country? I think not. A foreign national convicted in a UK court should be subject to the same deportation threshold criteria irrespective of whether their home country is a member state of some international economic community. My constituents and I therefore urge Ministers to review deportation criteria for EEA foreign national offenders and decrease the deportation threshold to a sentence of 12 months, thereby removing the nepotism toward nationals from within the European economic area.
I make that request because it was evident from the court case that Callum’s killer had no better understanding of British law or customs merely because he was a foreign national from within the European Union. In court, it was evident that Mr Stoyanov knew little English, either to speak or understand. He claimed to know nothing about the highway code or about UK drink-driving laws. A broader political debate arises from these issues, but this debate is not the place to air those thoughts. It is evident that Mr Stoyanov and the foreign haulage company he worked for had no knowledge of, and had made no effort to understand, the UK highway code and our drink-drive laws before he entered the UK.
Let us be clear that the foreign haulage firm sending its heavy goods vehicles across Europe and into the United Kingdom has a duty of care to ensure that its employees understand the laws of the road in the UK. It says much about the kind of company that Mr Stoyanov worked for that the only interest it showed as regards the death of my constituent was in its repeat inquires about securing the return of its expensive heavy goods vehicle. Perhaps when Ministers next meet with Commissioners in the European Union, they might wish to address this issue and encourage member states to look at the effectiveness and content of assessments for the distribution of large goods vehicle licences across Europe.
Finally, for reasons that I have discussed, my constituents believe a review of sentencing of convicted foreign drivers is desperately needed. I do not believe that stricter custodial sentencing in the UK is enough to deter others from driving while drunk. For convicted foreign drivers such as Mr Stoyanov, driving is their livelihood. Sentencing guidelines, together with the absence of restrictions preventing those subject to a deportation order from one day reapplying for entry to the UK, mean that there is no reason why Callum’s killer cannot be back driving his HGV on UK roads in 10 years’ time. The United Kingdom needs to send a strong message to foreign nationals who choose to ignore, or plead ignorance of, our drink-drive laws. My constituents therefore ask Ministers to consider, when they review sentencing guidelines, imposing a lifetime ban on driving in the UK for foreign nationals convicted of causing death while driving under the influence of alcohol or drugs.
I thank the hon. Gentleman for giving way, and I apologise for not being here at the beginning of the debate. I had a similar experience in my constituency; one of my constituents was killed by a foreign driver who had no insurance and was over the drink-drive limit. The hon. Gentleman has highlighted the need for legislative change, for punishment through the courts, and for Europe to work with the Minister here in the United Kingdom to ensure that those things happen. For those reasons, I wholly support what he says.
I am most grateful for the hon. Gentleman’s support, and I know that the Minister will have heard his comments as well.
Joanne and Robert asked me to share these words with the House today:
“Callum was our only child; he was our world and our lives are now meaningless with no future to look forward to. We will never know if Callum would have been blessed with a family of his own, or if one day we could be a Grandma and Granddad ourselves. We will never get the chance to see Callum grow into the fine young man we know he would have been and we will never see our child achieve his goals and dreams. Next year was going to be a big year for family celebrations; Callum would have been 21 and we are celebrating our 25th wedding anniversary, but now our hearts and world have been torn apart and our lives destroyed. Yet in a few years, Callum’s killer will return to his family in Bulgaria and his life will carry on. Our lives stopped on 1 March.”
As their Member of Parliament, nothing I can do or say in this Chamber today will restore happiness for my constituents Joanne and Robert Wark, but we can restore their faith in the criminal justice system by making Callum’s death the reason for a stricter minimum sentence for causing death while under the influence of alcohol; for better victim support and understanding of bereavement within the Crown Prosecution Service; for the mutual recognition of driving disqualifications within the European Union; for the regulation of foreign haulage companies driving in the UK; for the deportation of convicted foreign nationals; and for a lifetime UK driving ban for foreign nationals convicted of causing death while driving under the influence of alcohol. It is too late to change what happened to my constituent on 1 March this year, but it is not too late to bring about justice for Callum Wark and make his untimely death the motivation for change.
I thank my hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) for securing this important debate and highlighting the issues surrounding the tragic death of Callum Wark. In particular, I thank him for putting on record his comments about Callum’s personality in the House of Commons today. I am sure that others will also have been particularly touched by the story of Callum turning back during a race that he probably would have won to help a friend with learning disabilities. That speaks volumes about the kind of fine young man he clearly was.
Any death on our roads is a tragedy. Road deaths lead to unimaginable pain for the families and relatives of the victims. Such deaths are made worse when they are caused by bad driving under the influence of alcohol and could have been avoided. It is particularly troubling that Callum was only 19 and had his whole life ahead of him. Most Members will know of similar cases in their own constituencies—we have already heard from the hon. Member for Strangford (Jim Shannon) in that regard—but I hope that they will appreciate that I do not want to go into the details of their individual cases during this short debate.
As my hon. Friend the Member for Elmet and Rothwell has said, Callum Wark was killed by a lorry driver, a Bulgarian national, who was found to be driving dangerously and well over the drink-drive limit. The lorry driver entered a guilty plea to a number of offences including causing death by dangerous driving. He was sentenced to seven years and eight months’ imprisonment on 20 March this year. He was also banned from driving for 10 years.
My hon. Friend raised a number of issues that arise from this case and other similar cases, which I will try to deal with in my remarks. It is, of course, right that our independent courts should decide on the sentence for an offence. It is the court that has the full knowledge of the case and the offender, and it is best placed to decide on a just and appropriate sentence. It is also important to remember that we have sentencing guidelines that the courts are required to follow—unless it would be unjust to do so—which lead to greater transparency in the level of sentence likely to be imposed and increased consistency in sentencing practice. For certain offences, the Attorney-General can refer a case to the Court of Appeal on the basis that the sentence is unduly lenient—that includes cases involving causing death by dangerous driving. Anyone can make representations to the Attorney-General to consider making such a reference. There is a 28-day time limit to appeal against an unduly lenient sentence, and in this case no appeal was lodged.
In keeping with the current law and guidelines, the driver in this case had his sentence reduced for pleading guilty to the offence at an early stage. The reduction for an early guilty plea is not just about saving money and court time; it is designed to ensure that victims, their families and witnesses are not required to relive dreadful events in court. I pay tribute to North Yorkshire police and others in the criminal justice system in North Yorkshire for enabling this case to be concluded with sentencing occurring less than three weeks after the incident. As the police themselves have noted, the family were spared the trauma of sitting through a protracted court hearing.
My hon. Friend also raised concerns that the offender in this case will be released at the halfway point in his sentence. As my hon. Friend will know, release before the end of sentence is not new. Since legislation was introduced in 1967, successive Governments have maintained that approach, and the current arrangements are contained in the Criminal Justice Act 2003. In most driving cases, a standard determinate sentence will be imposed by the court, and the 2003 Act provides that such prisoners must be released automatically as soon as they have served half their sentence. The second part of a custodial sentence—the licence period—is an important part of the sentence, as it provides for the supervised transition of an offender into the community and the prospect of recall to prison for breach of the licence. If there were no licence period, offenders could be in prison for many years and then be released with no support or supervision, which would increase the risk of reoffending. If a foreign national prisoner is to be removed from the UK, it would make little sense to impose licence conditions to ensure an offender could be supervised in the community, given that they will not be released into our community. That is why after the period spent in custody for the purpose of punishment of the offence, we seek, where possible, to remove foreign national prisoners to their own country.
The driver in this case is a foreign national and, as a convicted offender, may be subject to deportation at the end of his sentence. I am aware that the judge in this case made a recommendation that the offender be deported after serving his sentence. The Government are committed to ensuring that foreign national offenders, including those committing serious driving offences, should be removed from the UK whenever possible. In some cases, offenders may serve some of their prison sentence in their own country under a prisoner transfer agreement. In other cases, an offender may be released from custody in order that they can be removed from the UK. A foreign national prisoner can be returned to their home country up to 270 days before the halfway point of their sentence, and we need to strike a balance between ensuring that foreign nationals are removed to their own country and ensuring that they are properly punished for the offences committed in this country.
On the wider issues of penalties, it is worth stressing that although sentencing is a matter for the courts, setting the framework that the courts work within is for Parliament. This Government want to see maximum penalties that allow the courts to respond to the full range of cases they are likely to face. The offence in this case, causing death by dangerous driving, already has a maximum penalty of 14 years’ imprisonment. The same maximum is available for causing death by careless driving while under the influence of drink or drugs. Where there is a failing in the law we have moved to remedy it. In the Legal Aid, Sentencing and Punishment of Offenders Act 2012 we created a new offence of causing serious injury by dangerous driving, with a five-year maximum penalty.
More recently, in response to the awful case of Paul Stock who was killed by a disqualified driver, we have, in the Criminal Justice and Courts Bill, proposed an increased maximum penalty for those disqualified drivers who kill or cause serious injury. The current maximum sentence is two years for causing death, but will increase to 10 years when those provisions become law.
I welcome what the Minister has said about more stringent and stronger penalties. I also want to hear whether he has had any correspondence or discussions with the relevant Minister in Northern Ireland as it is a devolved matter, but I want to ensure that there is some consistency in punishment and that we are, across the whole United Kingdom, Great Britain and Northern Ireland, working towards the same goal. Will the Minister tell us whether that is happening?
I am not aware of any communication between UK Ministers and Ministers in Northern Ireland. I will ask the Minister for Policing, Criminal Justice and Victims, within whose responsibilities this issue lies, to respond directly to the hon. Gentleman.
We recognise that it is important to respond quickly where there is a clear gap in the law or where a maximum penalty is clearly inadequate. We also need to ensure that there is a consistent and proportionate sentencing framework. That is why earlier this year we announced our intention to look, across the board, at the maximum penalties for offences involving bad driving. That review, which looks at a number of issues that many Members of this House have already raised, is currently under way and being conducted by the Ministry of Justice working with the Department for Transport. I am particularly pleased that the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), is here on the Bench with me this afternoon. The review will focus on the maximum penalties and gaps in current offences. It will soon be taking the views of victims, families of victims, road users and criminal justice professionals. I do not want to pre-empt any findings, but I hope that the review will lead to recommendations that the next Government can act on in the early stages of the next Parliament.
In addition to the custodial sentence imposed in this case, the offender was also banned from driving for 10 years. He was also ordered to complete an extended driving test before he can regain a licence to drive in the UK. Driving disqualification and extended testing requirements are an important element of dealing with drivers who kill and are a mandatory requirement.
The length of a driving ban is for the court to set. Guidance already makes it clear that the court should consider the time spent in custody so that the ban is not extinguished or severely diminished by the time the offender is released. Provisions in the Coroners and Justice Act 2009 reinforce that message by placing a statutory duty on courts to extend driving bans when imposing a custodial sentence. We have recently sought to make amendments to that legislation in the Criminal Justice and Courts Bill to enable those important provisions to be commenced as soon as possible.
My hon. Friend raised concerns about the Crown Prosecution Service and its understanding of bereavement. Let me say that in any case involving a death, the CPS should be sensitive to the need to minimise the extra distress criminal proceedings are likely to cause the victim’s family and friends. The CPS guidance on that is very clear. In murder, manslaughter and fatal road traffic cases, the CPS will provide an enhanced service to family members. In such cases, the prosecutor should offer to meet the victim’s family from an early stage to explain how the case will be handled and what is expected to happen at each court hearing. The prosecutor will also explain the likely sentence should the defendant be convicted. The prosecutor will inform the victim's family that they can make a victim personal statement, and he will bring the statement to the attention of the court. If my hon. Friend has a specific concern about the handling of this case, I would be happy to pass that on to the Director of Public Prosecutions who has responsibility for the CPS.
On the question of mutual recognition of driving bans across the EU, I should say that such a system is in place with the Republic of Ireland, but not, as my hon. Friend says, for other countries in the EU. We agree, in principle, that co-operation over disqualifications between member states, other than Ireland, is desirable. Any EU member state may wish to enter into similar arrangements to those we have with Ireland in the future. It is important to understand that a practical and effective system of mutual recognition across the EU would have to be ratified by the vast majority of member states. In the case of the existing 1998 convention, only a small number of states have ratified. I should stress that the offender in this case will not be able to drive in the UK as a result of the driving disqualification for a decade.
My hon. Friend also raised the question of deportation of foreign national offenders. The Home Office considers for deportation all foreign national offenders who are sentenced to a period of imprisonment following a criminal conviction. For European economic area nationals, the deportation consideration process takes account of the Immigration (European Economic Area) Regulations 2006. Deportation will normally be pursued where the person is sentenced to two years’ imprisonment or more, as in this case, or 12 months’ imprisonment for a sexual, drug or violent offence. Where an EEA offender receives a shorter sentence, deportation will be pursued where it can be justified in accordance with the Immigration (European Economic Area) Regulations, taking into account the particular circumstances of the case. For non-EEA nationals, there is a duty for the Secretary of State to deport a non-EEA foreign national who is sentenced to a period of imprisonment of 12 months or more.
My hon. Friend will know that the regulations covering cross-border haulage firms are detailed, and are governed in the UK by the Department for Transport. In short, those who operate commercial vehicles on international journeys will need a number of authorisations and permits. The authorisations will depend on the countries in which the vehicle is to travel, but include driver certificates of professional competence, community licences and a standard international operator’s licence. These requirements include regulating the amount of time a driver spends at the wheel through the EU drivers’ hours rule, as well as a requirement for an EU driver to have undertaken the certificate of professional competence. The principal aim here is to ensure better trained drivers across the EU, who are up to date with current legislation. As my hon. Friend will realise, this is a technical area of regulation, and I would be happy to pass on specific concerns raised by my hon. Friend to my colleagues in the Department for Transport.
My hon. Friend also raised the question of the length of a driving ban and suggested that there should be a lifetime ban for those who cause death. The length of a driving ban is a decision for the judge in the individual case. In some cases a driving ban of a specific length provides an incentive for offenders to comply with their sentence in order that in time they can regain their licence. Where offenders are given a life ban, they may be more likely to flout that ban and drive illegally and irresponsibly. But I do recognise the point that my hon. Friend makes in regard to those who cause death, especially by dangerous drink-driving. We will be looking at the current sentencing practice and driving ban lengths as part of the driving penalties review, which will report early next year. I suggest that my hon. Friend sends a copy of this debate and a submission to that review, and that will be most welcome.
Let me conclude by again thanking my hon. Friend for securing this short but important debate, and by offering my own condolences to the family and friends of Callum Wark. Mercifully, the number of people dying on our roads continues to fall, aided by better cars, better roads, more awareness of road safety, better policing and advances in emergency medicine. But I know that that will be of no consolation to the family of Callum and his many friends.
But the criminal justice system also has an important role to play in dealing with those who continue to drive badly and put themselves and others at risk. The Government have already shown their willingness to ensure that the courts have the powers they need to deal effectively with drivers who kill or cause serious injury to other road users. We have created new offences where there was a gap in the law, and we have increased maximum penalties where the courts were frustrated by a lack of sentencing power. We are now actively reviewing the sentencing framework for the range of driving offences. We want to ensure that sentences are consistent and proportionate, but that the law also ensures that those who kill innocent people, such as Callum Wark, are punished appropriately.
Question put and agreed to.
(11 years, 4 months ago)
Commons ChamberThe compensation culture to which my hon. Friend refers means that honest drivers are having to pay higher premiums because of abuses, especially in whiplash claims. That is why the Government have put in place measures to deter unnecessary speculative and exaggerated claims, while ensuring that genuine claimants can come forward and have proper redress. In the first phase of our measures, which will start next month, there will be fixed costs of £180 for medical reports, which in the past had been as high as £700.
There have been many examples across the whole United Kingdom of scams being carried out by a number of individuals with different insurance companies. Is it not time that insurance companies exchanged ideas and ensured that they are forensically competent in dealing with fraud?