Criminal Justice and Courts Bill

Debate between Julian Huppert and Jeremy Wright

Tuesday 17th June 2014 Commons Chamber

[Jeremy Wright]

My hon. Friend is right that if he is in agreement with my hon. Friend the Member for Shipley (Philip Davies), he does have me worried. He will appreciate that the arguments on new clause 34 are rather broader than its cost implications. As I have set out already, we cannot accept it at this stage for several reasons, and that is different from a specifically cost-related calculation.

I note that new clauses 6 and 7 contain some minor, technical flaws that would need to be addressed if either were to receive the approval of the House today. As my hon. Friend the Member for Enfield North knows, his objectives have considerable support among Conservative Members. However, as he also knows, although both coalition parties are fully committed to protecting the public, policy agreement has not been reached on these new clauses, so it will be for the whole House to decide on the conclusion to this debate. So that that debate may continue, I shall finally say that I hope that the House will support—

[Dr Huppert]

The Minister coyly described flaws in the new clauses. Would he care to list them so that the House may know exactly what they are?

[Jeremy Wright]

I am not sure that this is the appropriate time. There are some minor and technical flaws, but my hon. Friend the Member for Enfield North has made his case and the House will have to consider what he has said and decide what it wishes to do. Regardless of the fate of my hon. Friend’s new clauses, I hope that the Government’s new clauses, new schedule and amendments will find favour with the House.

Criminal Justice and Courts Bill

Debate between Julian Huppert and Jeremy Wright

Monday 12th May 2014 Commons Chamber

[Jeremy Wright]

I appreciate that this is a matter of judgment in all cases, but the distinction we have made is between those who have been disqualified by a court—in other words, they are subject to a court order—and have none the less gone on to drive, and those who are driving unlicensed, and, as the hon. Lady says, doing so knowingly, but not as a consequence of a court’s decision. That is the distinction we make, but I know she takes a considerable interest in driving offences and their consequences, and I am sure she will wish to engage with the review we will begin.

[Dr Julian Huppert (Cambridge) (LD)]

The Minister will be aware of the Road Justice campaign by the CTC and others. I and they very much welcome this review. Will he give us an idea of the time scale of the review and when we can expect the conclusions, because many of us would like to feed into them?

[Jeremy Wright]

We hope to conduct the review over the next few months and I hope that will give my hon. Friend and others the opportunity to contribute to it, but let me just finish what I am saying in relation to the specific proposals in new clause 14. I hope the House will agree that there is a need for these proposals. First and foremost the measures should give families of victims a greater sense that justice has been done. More generally, tougher sentences for convicted offenders should improve public confidence in the justice system. Amendment 7 changes the long title of the Bill to include driving. I commend these provisions to the House.

I know that Members might like to see reform of other aspects of the road offence framework. Some have already been mentioned in the course of this debate. Indeed, new clause 22 seeks to make the offence of driving while disqualified an either-way offence and increase its maximum penalty; and we have, as I have indicated, been giving serious consideration to all representations made on this subject, not least from my hon. Friend the Member for Gillingham and Rainham, who has a ten-minute rule Bill on repeat offences of driving while disqualified. He and others rightly hold strong views and we are committed to ensuring that maximum penalties reflect the seriousness and culpability of offending behaviour. That is why, as we have already mentioned today and as the Justice Secretary made clear in his announcement on 6 May, the Government are committed to carrying out a wider review of the road traffic sentencing framework over the next few months. We are in discussion with the Department for Transport and other interested Departments about the details. We will make a further announcement about the scope of the review in due course.

--- Later in debate ---

[Jeremy Wright]

My hon. Friend surprises me. As he knows, the courts had been using the provision for some time, and we thought it important to regularise it by means of the Act.

My hon. Friend also referred to what he described as dishonesty in sentencing. He will be aware that my right hon. Friend the Justice Secretary and I have considerable sympathy with the move towards ensuring that automatic release is minimised. He knows that our ambitions extend well beyond what we have managed to achieve so far, but I trust he will be encouraged by the fact that we have already reduced the application of automatic early release. We have removed it from those serving extended determinate sentences, and the Bill will remove it from child rapists and terrorists.

New clauses 37 to 42 deal with the use of open prisons and release on temporary licence. My hon. Friend mentioned the case of Michael Wheatley. It is an extremely concerning case, and, as my hon. Friend and other Members would expect, we are looking very carefully at what occurred. When we have completed our investigations, we will consider what further action needs to be taken.

New clauses 39 and 41 seek to prevent offenders serving sentences for murder or for an indictable-only offence from being moved to a category D or open prison. Open prisons provide an opportunity to assess prisoners in conditions more similar to those that they will face in the community, which is vital in protecting the public. To release life-sentence prisoners directly from closed prisons without the resettlement benefits of the open estate might, in certain cases, lead to higher levels of post-release reoffending, and thereby create more victims. That is something that both my hon. Friend and I would wish to avoid.

A period in open conditions for the purposes of ongoing risk assessment and support for resettlement can be particularly important for lifers—a category that includes all murderers—many of whom will have spent many years in prison, and will therefore often not be prepared for release. While those serving sentences for indictable-only offences include some of the most serious offenders, some of those who have been convicted of common-law indictable-only offences will not be dangerous. An example is those who have been convicted of cheating the Revenue—the sort of people, one might think, whom my hon. Friend might expect to find in open prisons. I suggest to him that what he proposes in new clause 41 is not a useful means of determining in which category of prison an offender should be held. That must be determined on the basis of the risk posed by the individual.

[Dr Huppert]

One of the challenges faced by many ex-offenders is finding employment. We know that employment substantially reduces their risk of reoffending. What evidence has the Minister of the way in which open prisons help people to become used to proper employment when they leave?

Oral Answers to Questions

Debate between Julian Huppert and Jeremy Wright

Tuesday 17th December 2013 Commons Chamber

[Jeremy Wright]

Well, this question is familiar to me. The answer is 10,789—I think that figure is heading in the right direction although there is a lot more to do. My hon. Friend is right to say that the Government’s clear intention is to return all the foreign national offenders we can back to custody in their own countries. That requires compulsory prisoner transfer agreements of the kind that we are negotiating and that Labour failed to negotiate.

[Dr Julian Huppert (Cambridge) (LD)]

rose—

Oral Answers to Questions

Debate between Julian Huppert and Jeremy Wright

Tuesday 8th October 2013 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

14. What steps he is taking to strengthen the prisons and probation ombudsman.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

We are reviewing the prisons and probation ombudsman’s terms of reference to make even clearer his independent status and role in investigating deaths in custody and in responding to complaints from detainees. I fully support the ombudsman’s steps to improve the quality and timeliness of investigations and to ensure that others can learn lessons from his findings.

[Dr Huppert]

I thank the Minister for his comments but the changes proposed to prison legal aid put a great deal of weight on the quality of the prisons and probation ombudsman. What certainty can the Minister give that that will increase the quality and speed of decisions and save money? Can he be sure that that will happen?

[Jeremy Wright]

We believe that this is a better way of resolving matters in the prison system than spending money on legal aid, but I can reassure my hon. Friend that the Secretary of State has met the ombudsman to discuss precisely the issues that he has raised, and we will work with the ombudsman to ensure that his office is capable of dealing with any additional demand that may be generated.

Criminal Legal Aid Reforms

Debate between Julian Huppert and Jeremy Wright

Wednesday 4th September 2013 Westminster Hall

[Jeremy Wright]

I am afraid that I do not agree with the hon. Lady, because we are not talking about changing that presumption of innocence. What we are saying is that people with the means to pay—sometimes, very substantial means to pay—should not have access to taxpayer-funded subsidy for their legal fees if they are, in the end, found guilty. If they are found innocent in the end, the amount that they have paid for their legal fees will be considered for refund. That is important, but it is not about a presumption of innocence, which remains intact, as—of course—it should.

I will say something about prison law, because that is an issue that many people have raised. The hon. Member for Stretford and Urmston (Kate Green) asked some sensible and detailed questions about it. If she will forgive me, I must say that in the five minutes I have left to me I will not have the opportunity to respond to those questions, but I will write to her about the specific points that she has made.

However, my hon. and learned Friend the Member for Harborough is entirely right that the nature of the case that is being considered and that may be litigated is crucial. It is not the case that every instance of grievance raised by a prisoner should be litigated through the courts. Also, the changes that we are proposing say that it is important that when a prisoner’s liberty or the length of their sentence are considered, they should still have access to legal aid. However, there are a whole range of other complaints that can be more properly and more effectively dealt with through other methods, rather than involving the courts and costly lawyers.

I will also say something about the residence test, because the right hon. Member for Tottenham and others expressed concern about it. Again, I think that in principle it is right that those who have a strong connection with the United Kingdom should have access to taxpayer-funded legal aid, and that those who do not have a strong connection to the United Kingdom should not have access to it. There are exceptions to that principle, which we have made clear. For example, these changes will not apply to refugees or asylum seekers. In general, however, applying that principle is the right thing to do, and I think that it will have the support of the public.

Judicial review has also been referred to. We absolutely support the principle of judicial review. Those who have spoken up in favour of it were right to do so; it is a crucial tenet of our system that the public should be able to hold Government to account through the judicial review system. However, it is equally important that that system should not be abused, and we simply have to face up to the fact that there has been a huge increase in the number of cases pursued through the judicial review process that are not found to have merit.

It is important that the crucial pre-court phase does not cover the initial preparatory work on a judicial review case. In that phase, lawyers should think carefully about whether a case has merit, and they should have something at stake when they do so. That is the basis for the proposals that we are making.

[Dr Huppert]

Can the Minister just clarify the position about really strong cases, where the case does not proceed because it is won so quickly through a settlement?

Oral Answers to Questions

Debate between Julian Huppert and Jeremy Wright

Tuesday 5th February 2013 Commons Chamber

[Jeremy Wright]

The right hon. Gentleman knows that the arrangements made for offenders of that nature will be multi-agency public protection arrangements. We want to ensure that local authorities and all other agencies responsible for joining in under MAPPA have the support they need. We will look carefully at what he has said and ensure that that happens in each of those examples.

[Dr Julian Huppert (Cambridge) (LD)]

Magistrates courts play a key role in the administration of justice in the UK, but too often their operation can be deeply chaotic—it can be unclear when cases will be heard, cases start and stop, and it is hard to follow proceedings. Will the Department consider reorganising how magistrates courts work so we get efficient and clear administration of justice in them?