Death by Dangerous Driving: Sentencing

Justin Tomlinson Excerpts

Wednesday 28th February 2018 Westminster Hall

[Eddie Hughes]

That is an interesting suggestion. Perhaps the Minister will comment on that when he replies to the debate.

Taking a right-hand turn, Craig Edwards careered on to the pavement, hitting Mr Hickinbottom, a retired builder from Bentley, who died three days later last June. Mr Howard Searle, prosecuting, said that Edwards left the wrecked BMW clutching a bottle of Baileys and, when told by an eyewitness that he had knocked down a pedestrian, replied, “So?”

The 29-year-old defendant from Walsall had 15 previous convictions for 34 offences, including two previous cases of dangerous driving. He was jailed for just seven years after admitting causing death by dangerous driving, failing to stop at the scene of an accident, driving when disqualified, drink-driving and having no insurance. He was also banned from driving for four and a half years on release from prison.

[Justin Tomlinson (North Swindon) (Con)]

My hon. Friend is making a powerful case. There can be no excuse for the Government not to take the matter forward, because that example clearly shows why this should be treated like manslaughter. That driver’s disgraceful actions merit nothing short of a manslaughter punishment.

[Eddie Hughes]

I completely agree with my hon. Friend. People need to understand that when they are in control of a vehicle, it is a lethal weapon, and that is manslaughter.

Oral Answers to Questions

Justin Tomlinson Excerpts

Tuesday 5th September 2017 Commons Chamber

[Edward Argar (Charnwood) (Con)]

11. What steps the Government are taking to improve the court experience for victims and witnesses.

[Justin Tomlinson (North Swindon) (Con)]

18. What steps the Government are taking to improve the court experience for victims and witnesses.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We are testing pre-trial cross-examination for child and vulnerable victims and witnesses in the Crown court, and testing this provision for certain eligible intimidated victims in three Crown court centres this autumn. We have installed remote links in each region and recently completed work on model waiting rooms. We recognise that there are concerns about the operation of the victims’ code, and we are considering how compliance might be monitored and improved.

--- Later in debate ---

[Dr Lee]

We want to use technology to assist all witnesses, not just those who are vulnerable and intimidated. That is why we are exploring ways of making best use of technology, such as video links, to allow witnesses to avoid the stress and/or inconvenience of having to be physically present in the courtroom. We also plan to develop an online tool, which will allow witnesses to access information about a case, such as a trial date, quickly and easily.

[Justin Tomlinson]

Research from Victim Support found that more than half of victims have unwanted contact with the defendant at court. How will the Government’s court reforms ensure that separate entrances, waiting rooms and facilities are standard across all criminal courts?

[Dr Lee]

As I am sure my hon. Friend is aware, the Government are investing more than £1 billion to transform and modernise our court systems to make sure they put the needs of victims first. Her Majesty’s Courts and Tribunals Service recently established model victim and witness waiting rooms at Nottingham justice centre, Manchester magistrates court, Newcastle Crown court, Liverpool Crown court and Aldershot justice centre, drawing on feedback from the Victims’ Commissioner, the Witness Service and court users.

Oral Answers to Questions

Justin Tomlinson Excerpts

Tuesday 7th March 2017 Commons Chamber

[Mr Gyimah]

As my right hon. Friend the Secretary of State said in answer to an earlier question, we are investing £100 million to add 2,500 prison officers, and we have more officers in training than we have ever had before.

[Justin Tomlinson (North Swindon) (Con)]

The vast majority of successful personal independence payment appeals succeed because of late additional submitted evidence. What discussions has the Minister had with colleagues in the Department of Health to automatically share supportive medical evidence at the beginning of the process?

[Sir Oliver Heald]

My hon. Friend makes an important point about the way in which the process should work, and it has been the aim of the reforms to achieve that, but I am happy to discuss the issue further with him.

Oral Answers to Questions

Justin Tomlinson Excerpts

Tuesday 6th September 2016 Commons Chamber

[Elizabeth Truss]

I said that we will enhance human rights in this country, and we will bring forward our proposals in due course.

[Justin Tomlinson (North Swindon) (Con)]

With proactive cross-Government work, we have seen a 41% increase in disability hate crime prosecutions. Will the Secretary of State keep that as a priority?

[Elizabeth Truss]

I absolutely agree with that.

Transitional State Pension Arrangements for Women

Justin Tomlinson Excerpts

Wednesday 24th February 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Disabled People (Justin Tomlinson)]

I am sorry that the limited time available prevents me from paying credit to all the Members who have spoken today. There has been real passion, and well thought out and measured responses on both sides of the House, drawing on the challenges we face, the concerns raised directly by residents and the work of the WASPI campaign, to which many Members are paying close attention.

I pay credit to the hon. Member for Washington and Sunderland West (Mrs Hodgson) and to the hon. Member for Burnley (Julie Cooper), who made the shortest speech today and gave some people some extra time. I understand the challenge that my hon. Friends the Members for East Worthing and Shoreham (Tim Loughton) and for Mid Bedfordshire (Nadine Dorries) have found themselves in. It is a difficult decision, particularly to go against our own Government. My hon. Friends the Members for Blackpool North and Cleveleys (Paul Maynard), for Weaver Vale (Graham Evans), for Salisbury (John Glen) and for Gloucester (Richard Graham) set out in great detail the wider issues and challenges we face. The key to that was eloquently put by my hon. Friends the Members for Sherwood (Mark Spencer) and for Bexhill and Battle (Huw Merriman).

The Opposition have set out six options, which are very attractive. How simple life would be if we could simply say yes to all six, or any number of those six options. However, the challenge is that not a single one has been costed. Not a single one has suggested what we should not be doing. There is occasionally vague guesswork on what could pay for something. I was in two debates yesterday in Westminster Hall. The same vague ideas were expressed on how things could be paid for.

[Barbara Keeley]

Will the Minister give way?

[Justin Tomlinson]

Because of the lack of time, I will not give way.

We have to look at the acceleration of state pension age equalisation, which is being introduced by this Government in order to achieve gender equality in state pension provision and to provide a sustainable system that can work for future generations. Often that is forgotten. It is always about now, not those future generations, our children and our children’s children, to whom all too often politicians have bequeathed yet more debt.

In recent years, because of higher life expectancy and the difference in state pension ages, women on average have been receiving considerably more state pension over their lifetime than men. Not only was equalisation necessary to meet the UK’s obligations under EU law, but it provides the foundations for a fairer state pension that treats men and women equally.

[Ian Blackford]

Will the Minister give way?

[Justin Tomlinson]

I apologise to those who want to intervene. Those who debated with me in Westminster Hall know that I will always try to answer as many questions and interventions as possible. We simply do not have time today.

Equalisation provides the foundations for a fairer state pension that treats men and women equally. That is something we can all agree on, on both sides of the House. The changes to state pension age were fully considered when the 2011 Act was passed. The Government listened to concerns at the time and adopted a concession worth over £1 billion, which benefited almost a quarter of a million women. Eighty-one per cent. of women affected will experience a delay of 12 months or less, compared with the previously legislated timetable.

The Government are also committed to helping older workers stay in the labour market and have extended the right of flexible working to all employees to help achieve this. We are now seeing record numbers of women in employment—over 1 million more since 2010. With the introduction of the national living wage, over two thirds of those who will directly benefit will be women. That is something we can all be proud of. For those who are having difficulties working, the Government provide the same support for women as for men of the same age—in work, out of work, and disability benefits.

I also appreciate the comments made about Government communication. My hon. Friend the Member for Weaver Vale made great play of this. All Governments of all political colours have always wrestled with the question of the best way to communicate. The DWP did write directly to all the individuals affected by the 2011 Act using the address details recorded by Her Majesty’s Revenue and Customs at the time. More than 5 million letters were sent at the time. A service has also been available for individuals to request their state pension estimates, and this service has been providing individuals with their state pension age since 1995. We have taken these lessons on board with the auto-enrolment scheme, with which we are seeing very successful engagement.

We must view these changes as part of the wider pension reforms. Those reaching state pension age from April of this year onwards will receive the new state pension, a reformed system that particularly benefits women who would have had poor outcomes under the current system. Over 3 million women stand to gain an average of £11 per week as a result of the changes by 2030.

In conclusion, I remind the House of the reasons for the reform of our state pension system. To function effectively, it has to be fair, affordable and sustainable. These changes made to the state pension age under the Pensions Act 2011 make an important contribution to achieving these aims.

Question put.

Oral Answers to Questions

Justin Tomlinson Excerpts

Tuesday 3rd February 2015 Commons Chamber

[Justin Tomlinson (North Swindon) (Con)]

7. What steps he is taking to break the cycle of reoffending.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I am pleased to inform the House that we have now completed our work and opened up the market for breaking the cycle of reoffending to a diverse range of new rehabilitation providers to get the best out of the public, private and voluntary sectors, and that we have commenced the provisions of the Offender Rehabilitation Act 2014.

[Justin Tomlinson]

What role does the Lord Chancellor see for mentoring in addressing reoffending for those who serve short sentences?

[Chris Grayling]

Mentoring is a crucial part of the future of our work to break the cycle of reoffending. I have absolutely no doubt that the ability of those who have been through the system themselves and turned their lives around, and who currently work within the voluntary sector, to play a role in changing the lives of those who are still in the criminal justice system is enormous. One thing that excites me is that, with the presence in the rehabilitation arena of a number of our leading charities working hand in hand with the Government and the private sector to deliver better rehabilitation, I am convinced we will see those mentoring skills brought to bear on the problem.

Oral Answers to Questions

Justin Tomlinson Excerpts

Thursday 5th September 2013 Commons Chamber

[Mr Vaizey]

Yes, I have. In fact, I am very pleased to say that one of the first things I did as a Minister was commission a report on skills which has been adopted by the Department for Education. I was pleased to read an article by the Chancellor in The Observer—that wonderful Sunday newspaper—saying that the most important change this Government are making in technology is changing the information and communications technology curriculum from one in which children passively receive technology to one in which they actively learn to code.

[Justin Tomlinson (North Swindon) (Con)]

Working with UK games industry representatives from UKIE—the Association for UK Interactive Entertainment—and TIGA, we were delighted to secure the UK games tax relief, a significant boost to the creative industries. Will the Minister provide an update on the unhelpful European Union Commission investigation?

[Mr Vaizey]

I would never accuse the European Commission of being unhelpful. It was very quick to allow us to introduce our very important tax credits for high-end television and animation. It has concluded its consultation on video games tax relief and I expect a decision in the very near future.

Oral Answers to Questions

Justin Tomlinson Excerpts

Thursday 18th April 2013 Commons Chamber

[Mr Vaizey]

I bow to no one in my respect for the hon. Lady, who did a fantastic job when she worked for Ofcom. We are actively looking at the options for spending that £300 million for the last 10%. As soon as we have an answer, she will be among the first to know.

[Justin Tomlinson (North Swindon) (Con)]

I recently visited the excellent Neon Play studios to see at first hand just how much potential there is in the video games industry. However, this is set to be hampered by the EU Commission investigating UK games tax relief, which has only just been secured after lobbying by the Minister and the industry representative, TIGA. Will the Minister stand up for our position?

[Mr Vaizey]

Yes. I am working closely with the European Commission on its investigation into video games tax relief and I am confident of a good result.

Voting Eligibility (Prisoners)

Justin Tomlinson Excerpts

Thursday 22nd November 2012 Commons Chamber

[Chris Grayling]

I can absolutely give my hon. Friend that assurance. It is my view that reform must come, and I am very pleased to have heard today that that is clearly the view of Opposition Members as well. The former Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), made a good start with the work done before the Brighton declaration, but my view is that there is a long way still to go on this matter.

[Justin Tomlinson (North Swindon) (Con)]

Parliament is rightly seeking to reflect the public’s horror at the prospect of prisoners getting the vote, so why not tap into that by putting the options in a referendum coinciding with the next police and crime commissioner elections, in which we want more people to vote?

Sport and Youth Crime

Justin Tomlinson Excerpts

Tuesday 6th December 2011 Westminster Hall

[Justin Tomlinson (North Swindon) (Con)]

It is an absolute pleasure to serve under your chairmanship, Mr Dobbin. I congratulate my hon. Friend the Member for Folkestone and Hythe (Damian Collins) on securing this important debate.

I am passionate about the positive role that sport can play in our local communities. I support that positive role through encouraging a healthy and active lifestyle that improves behaviour, teamwork and enjoyment. Sport can channel young people’s energy and boost self-esteem. Sport can be a forum for enjoyment, friendship and personal fulfilment. Sport can reach and change young people by improving their life chances, increasing educational attainment and building life skills. Sport can achieve some of the social outcomes that will help transform our society, and sport can be used a tool to benefit disadvantaged young children.

The reason why I am so passionate about sport relates partly to my own background and partly to the fact that I was the lead member for leisure on Swindon borough council before I became a Member of Parliament. I went to a school that was bottom of the league table in Worcestershire. We had many of the challenges that are often raised in debates connected to this subject. Two of my best friends when I was growing up ended up spending time at Her Majesty’s pleasure. Some would say that, now that I am in Parliament, perhaps I did not do better than those other two people, but among our group of friends, the main reason why the majority of us did not follow my two friends who did go to prison was, frankly, that we were too tired at the end of the day because of sport. We were influenced by role models on television. We predominantly played football, but, if it was Wimbledon fortnight, out came the tennis racquets. If the Tour de France was on, out came the bikes from the shed. If it was the Ashes cricket, out came the cricket bats. This is a serious point: we were genuinely too tired to cause too much trouble. By the time the sun went down, we were more than ready to go home and be watered and fed.

I want to focus my comments on the opportunities that I benefited from and that we as a society can provide for young children. When I was first elected, probably one of my more controversial moves was to support the move to defend the school sports partnership programme. I was a big champion of that scheme, because its whole principle was to provide sporting opportunities for those who are not particularly naturally competitive. If someone is gifted at sport, invariably that is because their parents have encouraged them from a young age, and they will therefore have been provided with plenty of opportunities. The vast majority of children, however, need a bit more encouragement. The one thing that the school sports partnership programme does very well is offer a wide programme of opportunities. There is a sport for everyone. When I refer to sport, it is not always necessarily the obvious sports that we might see in the Olympics or on the television, but such sports as street dance—basically, anything that can make young people active and constructive.

We also need to encourage more coaches—a number of hon. Members have already touched on that—but also day-to-day volunteers. When I talk to sports clubs, their biggest challenge is to find someone to be the club secretary or treasurer, and someone to fill in all the complicated forms and to organise the fixtures. There is a real deficit of people to fill those roles. In a society, people who are not particularly sports-minded can still play a constructive role. I welcome the work of the Football Foundation with its funding; rather than only the traditional provision of a brand-new, shiny set of football kits for a variety of sports clubs, it is looking at the legacy and encouraging more coaches and volunteers, so that more people get an opportunity to benefit.

[Charlotte Leslie]

Does my hon. Friend agree that, if we are going to talk about the big society, for example, there are few areas where it is more prevalent than in sport?

[Justin Tomlinson]

I am passionate about the merits of the big society, and sport can be absolutely at the heart of it. We can all play a role, even if it is not the traditional one of leading on the front line in the sporting team.

During the 10 years that I was a councillor, four of which were spent as the lead member for leisure, the one thing that I was most proud of was setting up the Sports Forum, which brought together about 60 different sporting organisations from throughout Swindon. They would meet once a quarter to share best practice, to identify additional funding, to help increase their presence in the local media and to share facilities. It was a huge success.

In a brief deviation, we had the extremely sad news that Roger Byrne, who was the lead officer for leisure, passed away last week. He was one of the main driving forces behind the Sports Forum, and during my 10 years on the council, he was easily the most respected officer that I and many others ever worked with.

From the Swindon Sports Forum, an example of how different organisations coming together can make a huge difference is Esprit Gymnastics, an excellent not-for-profit organisation promoting gymnastics. It used a facility that was full to capacity, with about 400 children a week benefiting, but it was so popular that the neighbouring units on the industrial park where it was based complained, saying that there was nowhere to park after school times, because all the parents were descending, and that either it should move away or they would move away.

Suddenly, a successful gymnastics organisation was faced with being homeless. Through the Sports Forum and Swindon borough council, an alternative facility was found—at the old Headlands school, which was being bulldozed to create a new academy, although a £4 million sports hall had only been built a couple of years earlier. We faced the embarrassing situation of bulldozing a relatively new £4 million sports hall, and to cut a long story short, a deal was done and Esprit Gymnastics moved into the sports hall site, while the school was bulldozed around it. Esprit paid a level of rent to the council and managed the facility.

I went to visit last Monday and not only does the site now have a much bigger gymnastics facility, but the Kirsty Farrow dance academy and the Leadership Martial Arts organisation are in place as well. From 450 children a week benefiting from a facility, we now have 2,000 children a week. This is all washing its face, and it is a fantastic facility. I met with parents who were dropping off one child for dance, one for gymnastics and another for martial arts. Some do different activities on different nights, and we even have a shop in the facility that provides all the specialist clothing. It is a really good example of organisations coming together, led by volunteers, to transform a number of young children’s opportunities.

Other opportunities go back to when I was younger and playing lots of sport: the absolute, desperate need for accessible, usable open spaces, which I talked about in my maiden speech. The turf on the football pitches does not have to be premier league quality. I played on an almost vertical hill that worked very well; because two of my friends, the twins Matthew and Paul Gilbert, were so much better than we were, they had the privilege of kicking uphill all day long, while the rest of us got to kick downhill—we still lost.

The other frustration that I saw when I was a borough councillor was to do with private finance initiatives and access. Schools in my old ward of the borough were PFI and, once the clocks hit 4, it cost an absolute fortune to get access to those facilities. I represented a high-density housing estate with limited open spaces, but with wonderful expanses of open space behind high fences priced out of the community’s reach. As a society, we need to look at that.

I welcome some recent Government measures—in particular, the introduction of a “troops to teachers” programme. When I visit schools, particularly primary schools, the heads are saying that their big challenge in providing sporting opportunities is not necessarily having a pool of teachers who have the confidence or the skills to deliver a wide variety of sport. If we can get some of those troops who become teachers into primary schools, they would be apt to offer such opportunities.

Insurance continues to be a big burden, particularly for young teachers who are extremely expensive to insure for school minibuses, which limits the opportunities to go and play sport in school competitions or at the regional or district level. I keep calling on the Government to broker a national agreement, with their collective power of hundreds and thousands of schools, to get a better deal for the younger staff.

Let us look at legacy and the schools Olympics. As has been mentioned, the Olympics are a wonderful opportunity to inspire young people who, however, then need the opportunity to play the sports in which we are successful. Whichever sports we are successful in are the ones that the children wish to replicate, so it is really important that the schools Olympics that we are driving forward are taken on board and utilised, so that everyone has regular opportunities, especially once the razzmatazz of the Olympics has passed.

There have been many mentions of mighty premier league football clubs such as Liverpool and Manchester United, so I will throw in Swindon Supermarine of the seventh tier of the Football League, whom I worked with to secure funding for from Capita, to pay for a sports programme for the most challenging schools in both the Swindon constituencies. It was about not only providing an opportunity to play football but helping with nutritional advice—in some cases, the basic necessity of a meal—as well as providing kit. Again, that has been exceptionally popular.

Finally, sport needs to work more with the youth service. In the old days, the traditional youth service and the traditional sports club, which was for the most competitive and technically able children, would never mix. The two should be one and the same. In all local authorities, the head of sports should also be the head of youth. When I was head of leisure, I touched on the youth service briefly, and I visited a lot of those traditional youth centres, which might have only six or eight children on a Friday evening. Yet I would go to the ice-skating disco and 600 teenagers were whizzing around the rink, chasing whoever was their flavour of the month and keeping themselves active and constructive. It always used to frustrate me that sport could have been used to engage with children, whether street dance, ice skating or football. The youth service needs to get out of its fixed facility and park itself outside wherever sport is enticing children.

Recently, I spoke to Stratton parish council, which is considering spending somewhere in the region of £4,000 or £5,000 on graffiti walls, which I am utterly opposed to. I said that it would surely be far better to spend that money on hiring some coaches, whether for boxing or for football, who could come in on a Friday night—the council would not have to charge itself for opening up its own facilities in community centres and school grounds—and those coaches, on £30 or £40 an hour, could provide entertainment and a constructive outlook for young children.

My plea to the Minister is to keep driving home the need to create opportunities. The facilities do not necessarily have to be fantastic, wonderful or driven by the most efficient, sports-minded people, but give young people an opportunity—they are creative enough to take advantage of it. If we can keep them engaged actively, as I was, they will be too shattered to cause any trouble.