(9 years, 10 months ago)
Commons ChamberI agree entirely with my right hon. Friend’s point. It is important for everyone to understand that if they engage in behaviour online and on social media that would be punished under criminal law in other circumstances, it will be punished under criminal law. As I said, the CPS is making an effort to publish its guidelines on a number of matters. This is one of them and there was a public consultation prior to it. We all need to play our part to ensure that people understand the law in this area.
Does the Attorney-General share my concern about the increase in Islamophobia and racism on sites such as Facebook and Twitter, and the inability of site owners to take the postings down? Will he have a meeting with the companies concerned to urge them to take down these postings, rather than face prosecution?
(10 years ago)
Commons ChamberOf course, this is a remedy for those exceptional cases where the judiciary pass what are considered by the Court of Appeal to be unduly lenient sentences, and I think it is right that we have that mechanism available to us. I believe that the judiciary generally get it right, but that when they do get it wrong it is important to have a mechanism to correct things.
I raised with the Attorney-General’s predecessor the case of Elena Fanaru, a young woman who was killed by a driver who did not have insurance and got a shockingly lenient sentence. The key is keeping in touch with either the victims or, where they are deceased, the families of the victims. Can the right hon. and learned Gentleman reassure us that that is happening throughout this process?
Yes, I can give the right hon. Gentleman that assurance. As he says, it is important that people affected by offences of this kind have an opportunity to invite the Law Officers to consider the matter. As he will know, not every offence is currently included in the scheme and not every case that is referred to the Law Officers will subsequently be referred to the Court of Appeal, but I think it important that those people have an opportunity to raise their concerns, and that others who have no connection with the case have that opportunity as well. I emphasise again that only in exceptional cases will the matter be taken further.
(10 years, 1 month ago)
Commons ChamberI certainly join my hon. Friend in congratulating those who are involved in the work in his constituency. He is right that the voluntary sector has a huge part to play. He will know that the key concern of many who work in this sector is not just the existence of funding but the continuity of funding, which is why we have been keen to give some security to this sector with £40 million of funding for domestic violence more generally over the course of this Government.
Since the publication of the Jay report, a further 29 cases of child abuse have emerged in Rotherham. Given what Professor Jay said about the Crown Prosecution Service and other agencies, how can the Attorney-General reassure the House that everything possible is being done to support those victims and to bring the perpetrators to justice?
I am grateful to the right hon. Gentleman for his question. He will understand that, because some of these investigations are ongoing, there is a limit to what I can say about them, but he is right that it is important in cases such as what may have gone on in Rotherham that we take seriously victims of abuse and that we support them throughout the process. He can be assured that we keep a very close eye on these particular prosecutions as they develop and will do everything we can to ensure that they are conducted properly.
(10 years, 4 months ago)
Commons Chamber12. What steps his Department is taking to return foreign national prisoners to their home countries to serve their sentences. 15. What steps he is taking to increase the number of convicted foreign prisoners returned to their home country.
We are working hard to negotiate compulsory prisoner transfer arrangements with high-volume countries and have recently signed agreements with Albania and Nigeria and a memorandum of understanding with Somaliland.
Progress in transferring prisoners under the European Union prisoner transfer agreement is slower than I would like but we are starting to see the number of transfers increase as more countries implement the agreement. All foreign national offenders sentenced to custody are referred to the Home Office for it to consider deportation at the earliest possible opportunity.
Does the Minister share my concern that there are 10,695 foreign nationals in our prisoners, costing the taxpayer almost a third of a billion pounds a year? The top three countries are Poland, Jamaica and Ireland. Will he outline to the House what the difficulties are in convincing our allies to take back their own citizens? Would it help to speed up the process if nationality was declared at sentence?
On the last point, we are in favour of all process improvements we can make, starting at sentence and working on through the system. The right hon. Gentleman is right that we face many difficulties. One of the most significant that we have discovered is that individual prisoners make legal challenges to deportation and transfer, many of which are based on human rights legislation. We therefore need to look again at that legislation to determine what we might be able to do to move things along more quickly.
The right hon. Gentleman will know that the Immigration Act 2014 gives us more opportunities to do that. It restricts the number of challenges individual foreign national offenders have and ensures that in some cases they can register their appeal and have it dealt with after being deported, not before. There are a number of measures that we can pursue.
(10 years, 6 months ago)
Commons Chamber Over a period of months, we have listened to concerns raised by the families of victims and hon. Members acting on their behalf about disqualified drivers. They have said that the current maximum penalty of two years’ imprisonment for causing death by driving when disqualified does not adequately reflect the tragic consequences of the offending. I am particularly grateful to, among others, my hon. Friends the Members for Gloucester (Richard Graham), for Gillingham and Rainham (Rehman Chishti), and for Kingswood (Chris Skidmore) for keeping the issue firmly on the agenda. In our view, disqualified drivers who flout court bans, continue to drive badly and cause death should be treated far more seriously by the courts than they are at present, and I am pleased to say that new clause 14 and new schedule 2 will effect that change.
We should also concern ourselves with disqualified drivers who cause serious injury. It is, after all, often a matter of chance whether the victim lives or dies. If there is no evidence that the offender was driving dangerously, the most with which he or she can be charged under the current law is driving while disqualified, which incurs a maximum penalty of six months’ imprisonment. That is plainly inadequate. It does not reflect some of the horrific and life-changing injuries that can be suffered by road traffic victims, or the terrible toll that this can take on their families. That is why we are also introducing a new offence of causing serious injury by disqualified driving, which will incur a maximum penalty of four years’ imprisonment.
We thought carefully about whether these changes should apply to unlicensed and uninsured drivers as well. We decided to limit the changes to disqualified drivers, because we think that they have a higher level of culpability than other illegal drivers. A driving ban would only be imposed on an offender following the commission of a series of motoring offences or a single serious offence. If such an offender flouts a ban imposed by the court, continues to drive badly and causes a death or serious injury, it is right that he should feel the full force of our proposed new provisions.
One of the areas that cause me concern is to do with drivers from other EU countries who may have been banned or disqualified in those countries but who come here and are allowed to drive in the United Kingdom. Is there anything in the Government proposals to stop them doing that?
I entirely understand the right hon. Gentleman’s concern and I will come on to talk about the proposal we have for a wider review of sentencing in driving cases. He may well wish to make further submissions on the points he has made for inclusion in that review. A number of issues have already been raised which we think can sensibly be discussed in the course of that review, and I am sure there are some yet to be raised.
(10 years, 9 months ago)
Commons ChamberIt is certainly important that the environment of a young offenders institution does not encourage those in it to think it is comfortable and to want to go back. For that reason, my hon. Friend will be encouraged to hear that we are looking at changes to the incentives and earned privileges scheme in young offenders institutions, in the same way as we have considered changes in the adult estate. We want to ensure that where young people have access to privileges, they get them only when they have earned them.
A report published by the chief inspector of prisons on 17 December last year suggested that it was easier for inmates to get drugs than clean underwear in prison, and a number of young offenders acquire a drugs habit in prison. How can we break the cycle when they leave?
The right hon. Gentleman is right to say that drugs in prison—whether adult prisons or young offender institutions—are a continuing problem, but as he and I have discussed, that problem is changing. Increasingly we see good reductions in mandatory drug testing rates for adult institutions—down from some 25% positive results to nearer 7%—but an increase in problems with drugs that are not in and of themselves illegal, but which should not be misused in prisons. For that reason we need to change the testing regime and give ourselves more tools to address the problem, which is what we seek to do.
(11 years ago)
Commons ChamberI am grateful to my hon. Friend. On his first point, he will recognise that one of the emerging challenges is the misuse of drugs that are not in and of themselves illegal. In that regard, I commend to him the private Member’s Bill promoted by my hon. Friend the Member for Stourbridge (Margot James), which I think answers that problem very effectively and I hope the House will pass it.
On the through-the-gate reforms, again my hon. Friend the Member for South West Devon (Mr Streeter) is right that it is important that we undertake to all those providing drug treatment in prisons that what they begin will be properly completed; otherwise, they will not begin what may be long-term drug treatment programmes. That is why through-the-gate matters, and why our rehabilitation reforms will support people not only in custody but in their transition into the community and for some considerable time thereafter.
May I commend to the Minister as his recess reading an excellent book, “Doing Time: Prisons in the 21st Century”, by the hon. Member for Hexham (Guy Opperman)? In chapter 2 he talks about 50% of those in prisons having a drug problem. As the Minister knows, the Home Affairs Committee has recommended mandatory testing on arrival and exit. Are we any nearer to that?
As the right hon. Gentleman knows, I do not agree with him that the right way to deal with drug testing is to have a mandatory point at entry and exit. He also knows that the main reason I disagree with him is that everyone knows where the points are and can see them coming. What I think is much more effective is mandatory random testing, which is what we do now, but, as I explained in answer to my hon. Friend the Member for South West Devon (Mr Streeter), we must all recognise that the problem that is emerging is less about illegal drugs, dangerous though they are, and more about legal drugs that are being misused in our prisons. I hope the right hon. Gentleman will support the private Member’s Bill promoted by my hon. Friend the Member for Stourbridge.
(11 years, 4 months ago)
Commons Chamber4. If he will introduce mandatory drug testing for prisoners on entry to and exit from prison.
The right hon. Gentleman knows that we already have a system of random and intelligence-led drug testing in prisons. He knows, too, that we are not persuaded of the merits of adding further testing for all prisoners at the fixed points of arrival and departure from custody. However, we are working with the Department of Health to test an end-to-end approach to tackling addiction from custody into the community, which includes looking at which prisoners should be tested and when.
The Minister is right: I do, in fact, know all that. However, it does not deal with the problem. The problem is that 35% of those in prison have a drug addiction and 6% acquire that addiction once they are in prison, so more come out with an addiction than went in with one. Why do the Government not feel that mandatory testing on entry and exit will help break the cycle of drug dependency?
We are in agreement, because I knew all that, too, but it is worth saying to the right hon. Gentleman that we have one or two issues with the suggestion he and his Select Committee make in what is, I concede, an excellent report that makes a substantial contribution to this debate. The concerns we have are that if tests are done at a fixed point of exit, particularly from custody, the offender knows that is coming and can do things to try to mitigate the effect of the test. We think it is important to test on a random, and perhaps frequent, basis. We entirely agree with him and his Committee, however, about the importance of extending our testing to include prescription drugs as well as illegal drugs, because of the widespread abuse of those drugs, and I hope he will support the private Member’s Bill of my hon. Friend the Member for Stourbridge (Margot James), which will achieve exactly that.