Policing

Lord Spellar Excerpts

Wednesday 24th October 2012 Commons Chamber

[Mr John Spellar (Warley) (Lab)]

My right hon. Friend touches on the important question of police morale and how this will impact on police effectiveness. Does he think that police morale and effectiveness will be improved by the ludicrous suspension of Detective Superintendent Fulcher in Swindon for trying to solve a kidnapping while the victim could still have been alive and for solving two murders? Should he not receive an award for that, rather than being criticised by an out-of-touch judge and hide-bound bureaucrats?

[Mr Hanson]

I was also in Swindon yesterday, while campaigning for Clare Moody, Labour’s candidate there, and know that that was a live issue in many discussions. The matter has now been referred to the Independent Police Complaints Commission, which will have to look at it, but I recognise my right hon. Friend’s strength of feeling.

On the question of CCTV, the code of practice we expect next year will certainly reduce the number of CCTV cameras and increase the bureaucracy, which in my view will have an impact on fighting crime. If we look at the DNA database and changes that my right hon. Friend the Member for Kingston upon Hull West and Hessle looked at hard, we see that the Government’s changes will make the database weaker, go against the Home Office’s own evidence and ensure that people who would have been caught and prevented from committing murders or serious sexual offences will now be able to commit them. Our own evidence in July 2010 showed that, under the system proposed by my right hon. Friend, 23,000 people each year would have been on the database who, under the Government’s plans, will not be and so will go on to commit further offences. What has it come to when the so-called party of law and order cuts policing, reduces CCTV, stops people—23,000 of them—being caught as a result of DNA evidence and, lastly, removes ASBOs, which are there to help protect communities against antisocial behaviour?

Transparency and Consistency of Sentencing

Lord Spellar Excerpts

Thursday 2nd February 2012 Commons Chamber

[Rory Stewart (Penrith and The Border) (Con)]

I rise with an enormous amount of insecurity because I am talking to so many learned friends on a subject about which I know so little—I feel a little like a woolly mammoth staggering into a law library. My speech is really a series of hints followed by guesses, with perhaps some questions about the relationship of the Sentencing Council to our constitution.

It strikes me that there is a danger with the Sentencing Council that I would love to hear the Government address. It seems—if I may use portentous language—to be a threat to the liberty of Englishmen. I say that deliberately because it does not, of course, apply to Scotland, and I would not presume to speak for Wales. The Sentencing Council is a threat to the liberty of Englishmen because despite its best intentions—we have heard wonderful stuff about predictability, transparency, consistency and public trust—it is attempting to step on sacred ground. It is going where the state and administrators should not go; it is trying to cross the threshold of the courtroom door.

We in Parliament are connected to many things that are to do with the law. We create the law, and we define crimes and the factors relevant to them. We can even state the maximum sentence—or, in exceptional circumstances the minimum sentence—for a particular crime. We should not, however, become involved—and I fear that the Sentencing Council is involved—with the exact processes and factors that operate within the courtroom itself, and in particular with the independence and power of the jury and the judge.

We have heard a certain amount about the independence of the judge, but the most important point concerns the jury, which has a direct interest in knowing the connection between its verdict and the judgment reached. It is difficult for it to see that connection, however, in the current world of the Sentencing Council, which is an astonishingly opaque universe that might appeal to a management consultant or to a Taylorist soap factory. For example, in the case of grievous bodily harm, the Sentencing Council attempts to define nine aggravating factors, three statutory aggravating factors and 25 additional factors, and then to churn the whole thing through a sausage factory of nine different steps until a judgment is produced through that complex algorithm. How is the jury expected to understand the consequences of its verdict on such a judgment?

Purists may say that such things are none of the jury’s concern, and that the jury does not need to know the sentence as its concern is merely with the verdict. However, that has never been true in English common law, which from the beginning has contained the notion of pious perjury—in other words, the jury’s ability not only to determine the verdict, but to have an influence on the sentence. That was important, of course, when the death penalty attached to basic crimes, and it is still important today when we consider issues such as assisted suicide. It is a very important part of our liberty that the jury retains the discretion to affect the decision.

The second set of problems with which we are dealing concerns the independence of the judge. The jury is the preservation of our liberty, but the judge also has two important hands that are manacled by the Sentencing Council. The first is his ability to reach a decision based on the complexity of an individual case. The algorithms produced by the Sentencing Council—the lists of nine or 25 factors—are simply, in its own words, “non-exhaustive” lists of the factors that a judge is supposed to take into account. He is supposed to recognise the individuality of the crime, and the nature and history of the criminal. Those are the things for which we employ a judge—the things that a human is better able to provide than a machine or some checklist produced by the Sentencing Council.

The deeper, bigger problem is that the judge is not simply involved in a forensic investigation. It is not simply a question of fact or the analysis of evidence; at its deepest level, it is a question of morality and philosophy. When the judge determines a sentence, he is supposed to take on board not simply the crime and the history of the criminal but all the issues that we have heard about today—deterrence, public protection and justice in its broadest sense. They are not instrumental or factual questions but normative questions of morality and philosophy. Those things cannot be outsourced to a Sentencing Council that wishes us to tick boxes.

The defence of the Sentencing Council—that the guidelines are not mandatory—is of course deeply disingenuous. It is only under the most exceptional circumstances that judges can depart from them. Let us therefore remember that the reason why we have for so long protected the independence of the jury and the judge in English common law from exactly that type of administrative state interference is that we are English, not French. Such interference is a very Napoleonic approach, implying that the administrative state, with its astonishing mathematical formulae and algorithms, can generate the appropriate sentence within the hallowed space of the courtroom.

We must fight against that, because from the very foundation of our jury system, the basic principle of English common law has pushed against the idea of learned experts with their technocratic micro-management and instead recognised, since the early mediaeval period, the importance of even semi-literate jurors. The qualities that we look for in justice are not those of mathematical precision and science but those of common sense, human relationships, understanding and fellow feeling. In the judge, we look not simply for his learned nature, but for his compassion, philosophical insight and morality.

I conclude with a small reference to Blackstone. However convenient the new methods of trial may at first appear—indeed, all arbitrary methods are convenient at their first appearance—let it be remembered that the delays and minor inconveniences in the forms of our justice are the price that a free nation pays for its liberty in more substantial matters.

[Mr John Spellar (Warley) (Lab)]

On a point of order, Mr Deputy Speaker. Following remarks today by the United States Defence Secretary Leon Panetta that US forces in Afghanistan will step back from their lead combat role by the end of 2013, Downing street appears to have announced a similar policy for British troops at its press briefing this morning. Surely that should have been first announced to Parliament. Has Mr Speaker been approached by the Foreign Office, the Ministry of Defence or even the Prime Minister’s office saying that the Government wish to make a statement to Parliament either today or, at the very latest, on Monday?

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you, Mr Spellar, for forward notice of that point of order. I have not received any information that the Prime Minister or any other Minister intends to make a statement today. Should that change, Members will be notified in the usual way.

Oral Answers to Questions

Lord Spellar Excerpts

Tuesday 31st January 2012 Commons Chamber

[Mr John Spellar (Warley) (Lab)]

4. What steps he is taking to transfer more foreign national prisoners to their home countries.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

The Government are committed to removing more foreign national offenders at the earliest opportunity. Last week I met the European Union Commission, and the Justice Secretary met European Union Justice Ministers, to impress upon them the importance of member states implementing the new European Union prisoner transfer agreement promptly. We continue to negotiate prisoner transfer agreements with countries outside the European Union. We are also examining our offender management processes here in the United Kingdom, which will help to identify how more foreign national offenders can be transferred to their home countries.

[Mr Spellar]

Is not the reality that the number of foreign prisoners being removed is actually dropping, and that although we signed an agreement with Jamaica in 2007, Jamaica has still not got round to ratifying and acting on it? When is the Minister going to get a grip of the situation?

[Mr Blunt]

I regret that we are having to deal with the inheritance of the legal instruments that were negotiated and presented to us by the last Administration. The Jamaican prisoner transfer agreement is an example of that. Even if the Jamaican Parliament passed the legislation to implement and ratify that agreement—which is beyond the control of this Government, I might gently point out—it would still require the consent of the Jamaican prisoners in our prisons to go home under that agreement. That would not be forthcoming, so we need a rather more effective piece of negotiation, which is all part of the strategy that we are putting in place with the 20 countries from which the largest number of foreign national offenders in our prisons originate, to get some proper, joined-up governmental attention on this issue.

Oral Answers to Questions

Lord Spellar Excerpts

Tuesday 28th June 2011 Commons Chamber

[Mr Djanogly]

Where human rights are concerned and where someone risks being terrorised in their country of origin—I am not saying that it is right or wrong that they should go back—it is right that they receive legal aid to defend their interests.

[Mr John Spellar (Warley) (Lab)]

2. What discussions he has had with the Secretary of State for the Home Department on steps to remove foreign national prisoners.

[The Minister for Policing and Criminal Justice (Nick Herbert)]

Home Office and Ministry of Justice Ministers have frequently discussed the issue of foreign national prisoners, and our officials are in regular contact. The removal of foreign national prisoners and offenders awaiting deportation is a mutual priority.

[Mr Spellar]

The Department says that it wants to reduce the prison population. I am dealing with a case where a long prison sentence was rightly given, the tariff has been reached and the UK Border Agency is trying to deport the man, but the Minister is letting the Parole Board block this. What benefit is there to the British taxpayer or the safety of the British public in keeping him here? Can we have some joined-up government on this?

[Nick Herbert]

I can tell the right hon. Gentleman that this is the kind of thing we want to address, and I understand that it is being addressed in the Legal Aid, Sentencing and Punishment of Offenders Bill. We wish to improve our performance on the removal of prisoners. I should point that out that more than 5,000 foreign national prisoners were removed last year. We intend to continue to take every possible step both to reduce the foreign national prisoner population and to remove prisoners from this country.