Policing and Crime Bill

Debate between Lindsay Hoyle and David Burrowes

Report stage: House of Commons
Tuesday 26th April 2016 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We have seven more speakers, plus the Minister, so I am a little concerned that we will not get everyone in.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I shall try to rattle through my contribution. I shall speak to my new clause 1, but first let me mention new clause 17. I welcome the comments of my hon. Friend the Member for North West Hampshire (Kit Malthouse) and pay tribute to his work as deputy mayor on championing alcohol abstinence and monitoring requirements. I did my bit in the Commons and in the Lords to ensure that the new clause eventually got on to the statute book and we need to make it have meaningful effect.

The evidence from what is happening in London, which is spreading, and the impact on the offender, not least as a result of the inconvenience of having to pay, is significant and supports the South Dakota model. That needs to be taken into account when the measure goes to the other place. There are those in the other place—Baroness Finlay and others—who champion the cause and who will look carefully at the evidence and give further impetus to cost-effective efforts to help those caught up in the cycle of alcohol-related offending.

I welcome the cross-party support for new clause 1 and the support from my hon. Friends the Members for St Ives (Derek Thomas), for Colchester (Will Quince), for South Thanet (Craig Mackinlay), for North West Hampshire, for Richmond Park (Zac Goldsmith), for Romford (Andrew Rosindell), for Congleton (Fiona Bruce) and for Altrincham and Sale West (Mr Brady). Some more recent supporters such as my hon. Friends the Members for Gower (Byron Davies), for Eastbourne (Caroline Ansell) and for Windsor (Adam Afriyie) did not quite make the cut last night to get their names on the amendment paper.

Over a number of years there has been support to ensure that knife crime legislation was fit for purpose and that it dealt properly with the issues of enforcement, recognising as do all of us who represent constituencies that have, sadly, been affected by knife crime, that much work is needed on prevention. I welcome the Government’s work over a number of years to ensure that we tackle knife crime both at its source and when it comes to court. I and a former Member, Nick de Bois, championed mandatory sentencing for repeat knife offending and I welcome the fact that that has now reached the statute book and is being implemented. We will continue to monitor that to ensure that it is implemented properly.

More needs to be done. No one can be complacent about the need to review legislation and to use the opportunities presented by the Bill to deal with knife crime. At 11 pm last night there was another incident of stabbing in the borough of Enfield, where a 28-year-old was stabbed twice in the abdomen and twice in the head in what was probably a gang-related incident. An off-duty police officer found the victim opposite Edmonton police station. The case reminds us of the impact of knife crime.

New clause 1 focuses on the sale of knives, particularly online sales, to those who are under age. I recognise that in some ways that is of marginal relevance. When I talk with police officers about gang crime, they explain that the easiest way for a youngster to obtain a knife is by getting one from the kitchen, or from someone else, or an adult might purchase it for them, so we have to recognise that there are other areas where we can tackle the prevalence of knives that would not be tackled by new clause 1.

Freedom of Thought, Conscience and Religion

Debate between Lindsay Hoyle and David Burrowes

Thursday 1st May 2014 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

I thank the hon. Lady for bringing forward this important issue, which is increasingly gaining attention across the House. She made the point that there are Members in this House of the Christian faith, of other faiths and of no faith, but we universally share the idea of the importance of religious liberty; that is the right thing to do, not just for those of all faiths and none, but socially, economically and politically.

I congratulate the hon. Lady on the timeliness of the debate, because it was only yesterday that Pakistan’s Prime Minister visited and met our Prime Minister. At the same time, Pakistani Christians were campaigning, and making the point that a report by the United States Commission on International Religious Freedom has said that the situation in Pakistan is the worst in the world for religious freedom. Will she comment on that?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Hopefully, we will get shorter interventions. To be helpful to Members, I suggest an eight-minute limit on speeches.

Charter for Budget Responsibility

Debate between Lindsay Hoyle and David Burrowes

Wednesday 26th March 2014 Commons Chamber

[Mr Burrowes]

Nothing to hide!

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Mr Burrowes, you have nothing to hide, and I certainly do not want to hear you shout again—I want to hear Mr Gummer. You may not. If you do, you know where to go. Mr Gummer, you have the Floor.

Crime and Courts Bill [Lords]

Debate between Lindsay Hoyle and David Burrowes

Wednesday 13th March 2013 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I now have to announce the result of today’s deferred Divisions. In the deferred Division on the draft Conditional Fee Agreements Order 2013, the Ayes were 288 and the Noes 225, so the Ayes have it.

In the deferred Division on the draft Non-Domestic Rating (Levy and Safety Net) Regulations 2013, the Ayes were 286, the Noes 223, so the Ayes have it.

In the deferred Division on the draft Tax Credits Up-rating, etc. Regulations 2013, the Ayes were 286, the Noes 228, so the Ayes have it.

In the deferred Division on the draft Renewable Transport Fuel Obligations (Amendment) Order 2013, the Ayes were 289, the Noes were 224, so the Ayes have it.

[The Division lists are published at the end of today’s debates.]

New Clause 18

Sanction for and trial in relation to drink driving

‘Schedule 2 of the Road Traffic Offenders Act 1988 is amended such that the time period stipulated as punishment for an offence under section 5 of the Road Traffic Act 1988 (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit) is two years and such that the said offence shall be triable either way.’.—(Mr Burrowes.)

Brought up, and read the First time.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 120, in clause 41, page 45, line 44, in clause 41, at end insert—

‘(3A) In section 3ZB of the 1988 Act (causing death by driving: unlicensed, disqualified or uninsured drivers), after (c) insert—

“(d) section 5A of this Act (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit).”.’.

Amendment 2, page 46, line 31, in clause 41, at end add—

‘(8) The Secretary of State shall have responsibility to ensure that within 12 months of Royal Assent an assessment has been made by the Home Office on the impact of this section on equipment, training and resources with particular regard to published impact assessments from the Home Office, Department for Transport, Department of Justice and the Crown Prosecution Service.’.

Amendment 89, page 46, line 34, in clause 42, at end insert—

‘(1A) In section 4(1) (“Fear or provocation of violence”) for “abusive or insulting” in the two places where it occurs substitute “or abusive”.

(1B) In section 4A(1) (“Intentional harassment, alarm or distress”) for “abusive or insulting” in the two places where it occurs substitute “or abusive”.’.

Amendment 90, page 46, line 36, in clause 42, at end insert—

‘(6) In section 6(3) (“mental element: miscellaneous”) for “abusive or insulting” in the two places where it occurs substitute “or abusive”.’.

Government amendment 84.

[Mr Burrowes]

Both new clause 18 and amendment 120 concern sentences for driving over the prescribed limits for drugs and alcohol and both seek to fill a gap in sentencing. There are 220 traffic cases each year in which individuals die on our roads owing to a driver who has been impaired through drink or drugs.

On the subject of filling gaps, I pay tribute to the Government for filling the gap in drug-driving offences. The new offence will not require proof of impairment. Owing to the imminent arrival of roadside drugalysers, it will become an offence that sits alongside drink-driving. It will be possible to rely on proof that someone is over the prescribed limit, whether for alcohol or drugs, rather than relying solely on proof of impairment.

Here I must declare an interest as a criminal defence solicitor. I must confess that I recall many prosecutions that did not succeed because of ambiguities and complexities relating to proof of impairment. The filling of that gap might not have been welcome to some of my clients of old, but it will be welcome to victims of offences of this kind, and it will be welcome to those who believe that it is in the public interest to ensure that drink and drug-driving offences are prosecuted properly.

However, I am also concerned about another gap. The purpose of new clause 18 and amendment 120 is to draw attention to it, and to ensure that, in one way or another, we fill it. Without the new clause, the maximum custodial sentence for driving after consuming excess alcohol, or indeed drugs over the prescribed limit, will still be six months’ imprisonment. Statute has properly provided that, if carelessness or dangerousness is proved, greater penalties will follow. The last Conservative Government recognised the need to ensure that drivers who caused death while under the influence of drugs or drink should be more heavily penalised. We now have on the statute book the offence of death caused by careless driving while the driver is under the influence of drugs or alcohol, which attracts a maximum sentence of 14 years.

In 2011, the number of drivers tried for causing death by careless driving while under the influence of drink or drugs was 27, and the number of those convicted was zero. Rather than relying on the good work of the last Conservative Government, we need to ensure that it is followed through in practice. When it comes to the sad and tragic cases of people who die as a result of the actions of drivers, particularly drivers who are under the influence of drink or drugs, there must be a penalty that exceeds the fairly minimum penalty of a six-month sentence.

Solar Power (Feed-in Tariff)

Debate between Lindsay Hoyle and David Burrowes

Wednesday 23rd November 2011 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

On a point of order, Mr Deputy Speaker. Something happened to one of my constituents today that is of fundamental importance, I believe, to all hon. Members regarding constituents’ access to Parliament. My constituent attended a Palestine lobby, similar to one she has attended on many previous occasions, but on this occasion things were different. As she arrived at security, a police officer confiscated her lobby briefing material and told her that she was not allowed to have anything of a political nature. In fact, she was told that this was a direction from the House authorities. The officer then spoke to a senior officer, who gave the same response. Eventually, the material was returned to her, but she was told, “Yes, we will return this material, but do not do this again.” I ask your advice, Mr Deputy Speaker. Was this a direction from the House authorities? Will you confirm that constituents are not allowed to have anything of a political nature with them when they attend Parliament?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

This is a matter for the staff and the police. The hon. Gentleman will know that we do not discuss security issues or what has gone on as a matter of security, but he has put his views on the record. I am sure that the authorities and security will look into the matter, and I am sure that someone will come back to the hon. Gentleman now that he has raised it on the Floor of the House.

London Local Authorities Bill [Lords] (By Order)

Debate between Lindsay Hoyle and David Burrowes

Wednesday 13th October 2010 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

My hon. Friend makes a characteristically good case in support of his argument, and I join him in supporting—

[Mr Deputy Speaker Mr Lindsay Hoyle)]

Order. Some hon. Gentlemen have just come into the Chamber, but in fairness they ought to have been here for most of the debate. I am being quite lenient, but I really do think that we ought to think about that in future.