Criminal Justice Bill

Debate between Laura Farris and Tracey Crouch

Report stage
Wednesday 15th May 2024 Commons Chamber

[Laura Farris]

I will have to double-check that new clause, but I simply say that, with two exceptions, all the convention rights are qualified rights, which can be restricted in reasonable circumstances. I promise that I will check that and come back to the right hon. Gentleman in winding up the debate, if I may.

I was in the process of paying tribute to my hon. Friend the Member for Chatham and Aylesford and my right hon. Friend the Member for Tunbridge Wells (Greg Clark) for the outstanding representation that they have given to their constituents who were affected by David Fuller’s acts of depravity. That is reflected in new clause 62, which the Government support, on the offence of necrophilia.

It is perhaps a rare thing in 2024 that an offence can be identified that Parliament has not previously considered, but such was the extent of Fuller’s offending that we have had to do so. The Government are pleased to confirm that the Sexual Offences Act 2003 will be amended by the Bill to capture the sexual touching of a corpse with a new maximum sentence of seven years for penetrative offences and five years for non-penetrative acts.

[Dame Tracey Crouch (Chatham and Aylesford) (Con)]

I thank the Minister for her kind comments. My right hon. Friend the Member for Tunbridge Wells (Greg Clark) will try to catch the Deputy Speaker’s eye later to speak in more detail on this, but let me take this opportunity to pay tribute to the Minister for taking a lot of time to work through this amendment thoughtfully and correctly, to provide greater protection and give some comfort to the families of the victims of David Fuller that justice has been thought about. She has listened sensitively and carefully to the comments of our constituents.

[Laura Farris]

I thank my hon. Friend for her comments. They were truly appalling crimes, and I had the constituents of both my hon. Friends in mind when I thought about how to develop the law. We cannot change what happened in the past, but I hope we can send the clearest possible message in future.

I want to come to a couple of other matters, though I will not pre-empt what hon. Members might be inclined to say. First, I want to talk about new clause 9, on one-punch manslaughter. I pay special tribute to my hon. Friend, and my friend, the Member for Bishop Auckland (Dehenna Davison). This was not an ordinary campaign for her, but one born out of the deep tragedy of her childhood. I know that she will speak to the new clause, and I will respond in detail, but I hope she will not mind my saying that I think her dad would feel very proud of how she has conducted herself on this issue, and would be pleased with the changes that we are making.

I come to the amendments tabled by the hon. Member for Stockton North (Alex Cunningham) on prisoner transfer to overseas prisons. I want to set out the Government’s position in general, and in particular in relation to the transfer criteria. The Government agree that not all prisoners will be appropriate for transfer to rented prisons overseas—indeed, the hon. Member has set out some very sensible principles in his own amendment. I would like to give him three points of reassurance. The proposal for foreign prisoner transfer will extend to approximately 600 prisoners—equivalent to just under half of 1% of the entire prison estate. I can confirm that we will not negotiate a prison transfer agreement with a women’s prison.

We will conclude a deal only with a country that can demonstrate that its prison conditions and capabilities meet the applicable human rights standards. The Secretary of State retains responsibility for each prisoner, which ensures that any transferred prisoner retains all their rights under the European convention on human rights, irrespective of where they may be transferred. However, we believe that legislation is the best place for negotiating further terms, with the appropriate involvement of experts. The Lord Chancellor has already confirmed that the use of these powers requires a valid international agreement, and any such agreement would be put before Parliament as a treaty, subject to ratification procedures contained in the Constitutional Reform and Governance Act 2010.