Oral Answers to Questions

Debate between Kevin Brennan and Alex Chalk

Tuesday 20th February 2024 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

I welcome the meeting that the Secretary of State has just offered.

The problem with the Government’s response is that it ought to be centred on the experiences of families, not on the convenience of state bureaucracy, in order to ensure that they are never repeated. There is nothing in what we have seen so far from the Government that goes as far as we and, more importantly, the families believe is necessary to require public authorities to act with candour and transparency. Why is the Secretary of State persisting with a piecemeal approach, instead of committing to a clear, compelling and comprehensive duty of candour, as proposed in the Hillsborough law?

[Alex Chalk]

As I say, the recommendations of Bishop James Jones’s report, which we have considered extremely carefully, contained the charter for bereaved families, and it is worth reflecting on what paragraph 3 of the report says. It requires the public body to

“approach forms of public scrutiny—including public inquiries and inquests—with candour, in an open, honest and transparent way, making full disclosure of relevant documents, material and facts.”

Taken together with the powers that exist under the Inquiries Act 2005, there is potentially criminal culpability, misconduct in a public office and perverting the course of justice, but of course we will keep this under review. We want to make sure that public bodies do what they should—that is, act transparently—and we will always consider what further steps can be taken.

Oral Answers to Questions

Debate between Kevin Brennan and Alex Chalk

Tuesday 21st November 2023 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

The Secretary of State’s emergency early release scheme is meant to tackle a capacity crisis that is entirely of this Government’s making, and it excludes only serious violence. Surely domestic abuse and stalking are serious offences, yet they are not excluded from early release. What kind of signal does that give to victims, the public, and indeed perpetrators of violence against women and girls?

[Alex Chalk]

We are proud that under this Government sentences for offences such as rape have gone up by a third. We have a situation in which charges are up, the conviction rate is higher and sentences are longer—and, unlike under the Labour Government, people are spending a higher proportion of those sentences in custody. We think that is the right thing to do. To the hon. Member’s point, the exclusions in place go beyond what he indicated, so he is factually incorrect; they also include sex offences and terrorist offences. Here is a really important point: where the custodial authorities are satisfied that there is a specific risk, there is an opportunity to ensure that release is blocked. That is important, because we will always stand up for victims of crime.

[Kevin Brennan]

Argument weak? Go long and do not answer the question—the classic response from this Government. The truth is that without any Government announcement of a start date, prisons began releasing offenders over a month ago. These men are already walking our streets, but the Government will not tell us how many, or why they were behind bars in the first place. Why do the Government not believe that the public deserve to know who is being released back into the community when a court decided that they should be in prison?

[Alex Chalk]

We will make whatever appropriate announcements in due course; we will not demur from that. We will also not apologise for having, under this Government, a higher custodial population than before. We are taking robust steps to ensure that the public are protected, which means unashamedly that those who commit the most serious offences—those such as murder in the context of sexual or sadistic conduct—go to prison for the rest of their lives. Will the hon. Member support that? I wonder. We are also using the evidence so that those capable of rehabilitation are rehabilitated. One thing that we will not ever put at risk is the threat to women and girls. As the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury (Laura Farris), indicated, we have taken steps to ensure that victims of domestic abuse will be properly protected under the Government.

Parking (Code of Practice) Bill

Debate between Kevin Brennan and Alex Chalk

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Alex Chalk]

Absolutely right. The Court would not thank this House at all for requiring it to make that kind of assessment. One could imagine how the evidence would have to be provided on both sides. The Minister would provide timelines, and then the Court might have to consider what the Opposition had to say. How on earth would the Court be meant to make a judgment?

[Kevin Brennan]

Does the hon. Gentleman suspect, as I do, that the hon. Member for Christchurch (Sir Christopher Chope) has tabled his amendments to make a point about Brexit, rather than about this Bill? We would therefore forgive him if, at this stage, he chose not to press his amendments, having made that point so well in his contribution today.

[Alex Chalk]

The hon. Gentleman recognises that my hon. Friend the Member for Christchurch is a Member of great distinction and resourcefulness. It may just be possible that that is his intention. If it is his intention, he has certainly made the point with his customary eloquence and effectiveness. Yes, I think this would be an excellent moment for him to recognise that the point is made, and he could therefore graciously not press his amendments.

Dangerous Driving involving Death: Sentencing

Debate between Kevin Brennan and Alex Chalk

Tuesday 17th October 2017 Westminster Hall

[Alex Chalk (Cheltenham) (Con)]

Will the hon. Gentleman give way?

[Kevin Brennan]

I will give way briefly, but I want to give the Minister a chance to respond.

[Alex Chalk]

The Sentencing Council does important and valuable work, but does the hon. Gentleman share my concern that in some of its guidelines—for the sake of argument, let us say assault occasioning actual bodily harm, for which the maximum is five years—the range that the Sentencing Council imposes for the most heinous offence stops well short of the maximum, effectively sending a steer to the judges that says, “Don’t ever sentence for the maximum”? Does he agree that that is a concern?

[Kevin Brennan]

I do, and I think that there are similar concerns in relation to the offence of causing death by dangerous driving. I do not advocate not having proper guidelines—we want consistency in sentencing—but it sometimes seems to victims that the sentence they are told the perpetrator is likely to get is a bit of a fiction, and that the tariff actually served is nothing like the maximum, even in a case such as the one I have discussed, in which there are horrific aggravating factors. Can the Minister address the questions posed by Sophie Taylor’s case about the frequency and circumstances in which a maximum sentence is given?

I want to make it clear that this is not about revenge; it is about justice. In the case that I am discussing, sentencing guidelines led to an outcome that outraged not only the victims’ families but the wider community. The Government need to be clearer about what they are doing to deter such crime. Knowing that a life sentence is a real possibility would be a start, as would increasing the likelihood of getting caught by funding the police properly; that is a vital part of it. The prospect that sentences could be increased on appeal when judges are too lenient is also important. I understand that out of 713 such requests in recent years, 136 have resulted in longer sentences, but not one has been for the offence of causing death by dangerous driving.

Sophie Taylor’s death was a horrible tragedy. Nothing will relieve her family’s loss. However, the perception that justice was not done because the maximum sentence is unreachable adds another burden for them to bear.