Overseas Electors Bill

Debate between Lindsay Hoyle and Philip Davies

Friday 22nd March 2019 Commons Chamber

[Philip Davies]

I will indeed, as long as the hon. Gentleman sticks to new clause 1 and has not been affected by the person sitting next to him.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. We cannot have both hon. Gentlemen on their feet at the same time. I believe that Mr Davies is giving way, and Mr Rodda is going to intervene. Mr Davies, are you giving way?

[Philip Davies]

I will give way.

Education

Debate between Lindsay Hoyle and Philip Davies

Wednesday 20th March 2019 Commons Chamber

[Mr Deputy Speaker]

Of the contrary No.

[Philip Davies (Shipley) (Con)]

No.

[Mr Deputy Speaker]

I think the Ayes have it. [Interruption.] I think it was quite overwhelming. I will try once more. As many of that opinion say Aye.

[Mr Deputy Speaker]

Of the contrary No.

[Philip Davies]

No. [Interruption.]

[Mr Deputy Speaker]

Order. The hon. Gentleman is allowed to come—[Interruption.] Mr Frith, you know very well that a Member can come in at any time to vote. Members vote all the time without having been in the Chamber, so that is not the best point to make in this case. I would say that there was a singular voice that was continuous, in which case the Division will have to be deferred.

Question put.

The Deputy Speaker’s opinion as to the decision of the Question being challenged, the Division was deferred until Wednesday 27 March (Standing Order No. 41A).

Assaults on Emergency Workers (Offences) Bill

Debate between Lindsay Hoyle and Philip Davies

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th April 2018 Commons Chamber

[Philip Davies (Shipley) (Con)]

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

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 2—Assaults on police constables (No. 2)—

“In section 89(1) of the Police Act 1996, leave out from ‘offence’ to end of subsection (1) and insert—

‘and liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 24 months, or to a fine, or to both.’”

This new clause would make assaults specifically on police constables carry greater penalties than are currently available to match the new offence and also to ensure that Crown courts have greater powers of sentence for the offence than magistrates’ courts.

New clause 4—Assaults in prison—

“In section 243A of the Criminal Justice Act 2003, after subsection (2) insert—

‘(2A) Subsection (2) does not apply if the prisoner has assaulted any person listed in Section 3 of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving a sentence of less than 12 months who assaulted an emergency worker during that sentence would not be eligible for automatic release.

New clause 5—Assaults in prison (No. 2)—

“In section 244 of the Criminal Justice Act 2003, after subsection (1A) insert—

‘(1B) Subsection (1) does not apply if the prisoner has assaulted any person listed in Section 3 of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months who assaulted an emergency worker during that sentence would not be eligible for automatic release.

New clause 6—Assaults in prison (No. 3)—

“In section 246 of the Criminal Justice Act 2003, after subsection (4)(i) insert—

‘(j) the prisoner has assaulted any person listed in Section 3 of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months who assaulted an emergency worker during that sentence would not be eligible for early release.

New clause 8—Assaults in prison (No. 5)—

“In section 247 of the Criminal Justice Act 2003, after subsection (2) insert—

‘(3) Subsection (2) does not apply if the prisoner has assaulted any person listed in section 3 of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving an extended sentence under sections 227 and 228 of the Criminal Justice Act 2003 who assaulted an emergency worker during that sentence would not be eligible for automatic release after the requisite period.

New clause 9—Assaults in prison (No. 6)—

“In section 243A of the Criminal Justice Act 2003, after subsection (2) insert—

‘(2A) Subsection (2) does not apply if the prisoner has assaulted any person listed in section 3(d), (e) or (f) of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving a sentence of less than 12 months who assaulted a prison officer or anyone carrying out the same functions as a prison officer or a prison custody officer during that sentence would not be eligible for automatic release.

New clause 10—Assaults in prison (No. 7)—

“In section 244 of the Criminal Justice Act 2003, after subsection (1A) insert—

‘(1B) Subsection (1) does not apply if the prisoner has assaulted any person listed in section 3(d), (e) or (f) of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months who assaulted a prison officer or anyone carrying out the same functions as a prison officer or a prison custody officer during that sentence would not be eligible for automatic release.

New clause 11—Assaults in prison (No. 8)—

“In section 246 of the Criminal Justice Act 2003, after subsection (4)(i) insert—

‘(j) the prisoner has assaulted any person listed in section 3(d), (e) or (f) of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months who assaulted a prison officer or anyone carrying out the same functions as a prison officer or a prison custody officer during that sentence would not be eligible for early release.

New clause 13—Assaults in prison (No. 10)—

“In section 247 of the Criminal Justice Act 2003, after subsection (2) insert—

‘(3) Subsection (2) does not apply if the prisoner has assaulted any person listed in section 3(d), (e) or (f) of the Assaults on Emergency Workers (Offences) Act 2018 during the course of their sentence.’”

This new clause would mean that a prisoner serving an extended sentence under sections 227 and 228 of the Criminal Justice Act 2003 who assaulted a prison officer or anyone carrying out the same functions as a prison officer or a prison custody officer during that sentence would not be eligible for automatic release after the requisite period.

New clause 14—Assaults in prison (No. 11)—

“In section 243A of the Criminal Justice Act 2003, after subsection (2) insert—

‘(2A) Subsection (2) does not apply if the prisoner has assaulted a prison officer during the course of their sentence.’”

This new clause would mean that a prisoner serving a sentence of less than 12 months who assaulted a prison officer during that sentence would not be eligible for automatic release.

New clause 15—Assaults in prison (No. 12)—

“In section 244 of the Criminal Justice Act 2003, after subsection (1A) insert—

‘(1B) Subsection (1) does not apply if the prisoner has assaulted a prison officer during the course of their sentence.’”

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months who assaulted a prison officer during that sentence would not be eligible for automatic release.

New clause 16—Assaults in prison (No. 13)—

“In section 246 of the Criminal Justice Act 2003, after subsection (4)(i) insert—

‘(j) the prisoner has assaulted a prison officer during the course of their sentence.’”

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months who assaulted a prison officer during that sentence would not be eligible for early release.

New clause 18—Assaults in prison (No. 15)—

“In section 247 of the Criminal Justice Act 2003, after subsection (2) insert—

‘(3) Subsection (2) does not apply if the prisoner has assaulted a prison officer during the course of their sentence.’”

This new clause would mean that a prisoner serving an extended sentence under sections 227 and 228 of the Criminal Justice Act 2003 who assaulted a prison during that sentence would not be eligible for automatic release after the requisite period.

Amendment 2, in clause 1, page 1, line 3, after “battery” insert “including spitting”.

This makes explicit that this section applies to incidents of assault or battery that are spitting.

Amendment 9, page 1, line 10, leave out “12” and insert “24”.

This amendment would increase the sentence for the new offence from 12 to 24 months in Crown courts to allow for longer sentences and to ensure Crown courts have greater powers of sentence for the offence than magistrates’ courts.

Amendment 3, in clause 2, page 2, line 39, at end insert—

“(aa) an offence under section 3 (sexual assault) of the Sexual Offences Act 2003”.

This causes the fact that the victim was an emergency worker to be an aggravating factor in cases of sexual assault.

[Philip Davies]

I am delighted to support the Bill today—a Bill that I have supported from the outset. I am pleased to be one of its sponsors. May I start by congratulating the hon. Member for Rhondda (Chris Bryant) on getting his Bill to this point and on using his customary charm to do so? I also congratulate the hon. Member for Halifax (Holly Lynch), who has played an invaluable role in supporting the hon. Gentleman in getting the Bill to where it is today. As we all know, she is a doughty supporter of the police, and I know that they appreciate her support greatly. While I am at it, may I thank the Minister, who has played a crucial role in ensuring that the Bill has got to this stage? We are all very grateful for the constructive way in which Ministers have engaged with the process.

My amendments begin with new clauses 1 and 2. I have quite a few to go through, but I will rattle through them as quickly as possible. [Hon. Members: “Hear, hear.”] Well, everything is relative. I will also ensure that I do my amendments justice.

New clause 1 would make assaults on police constables carry the same penalty as the new offence in the Bill, not just the six months currently available to the courts. New clause 2, which I will discuss together with new clause 1, would make assaults on police constables carry a greater penalty than the new offence and ensure that Crown courts had greater powers of sentencing for the offence than magistrates courts. The two new clauses are alternatives—people may consider which one they think would do the job. I would be perfectly content with either.

In an ideal world, I would like to see the highest sentences possible given for offences against the police. Assaulting a police officer is currently a summary only offence that cannot usually be dealt with by the Crown court, and certainly no more than a six-month sentence can be given. I appreciate that assaults against police officers can be charged as other non-police offences of violence, but that is another story. It is relevant to the new clauses, but not something I want to dwell on. I believe that if we have an offence of assault against a police officer, it should attract a robust sentence, because in reality a lot of assaults against the police will be charged in this way.

I have been helpfully informed by the West Yorkshire Police Federation of the number of such assaults in West Yorkshire. Perhaps, in passing, I might praise Nick Smart from the West Yorkshire Police Federation, who does a fantastic job of representing the interests of his members. He is absolutely first class and has done a brilliant job in helping with this Bill. He gave me the Home Office figures that had been collated for April 2016 to March 2017, which showed that there were 1,240 recorded assaults on West Yorkshire police officers in one year. Those figures are not deemed 100% accurate, but they certainly give an idea of the number of assaults going on. The West Yorkshire police figures, based on recorded crime, show that there were 1,729 recorded assaults on police officers from April 2017 to March 2018.

I am sure everybody would appreciate that those are very high figures. They mean that nearly five West Yorkshire police officers are assaulted every day. To me, that is completely and utterly unacceptable, and it is one reason why the Bill is so worthy and important.

Prayers

Debate between Lindsay Hoyle and Philip Davies

Friday 27th April 2018 Commons Chamber

[Philip Davies (Shipley) (Con)]

I beg to move, That the House sit in private.

Question put forthwith (Standing Order No. 163).

The House proceeded to a Division.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I ask the Serjeant at Arms to investigate the delay in the No Lobby.