Crime and Courts Bill [Lords]

Mark Durkan Excerpts

Monday 18th March 2013 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

The Minister mentioned publications that would not fall into the category of “relevant publisher”. If a publication posing as a constituency newsletter—perhaps with a title like Target Marginal South—were to make a serious allegation against someone in another party, what would happen if a relevant publisher were to pick up the story and publish it? Where would they stand if they published a controversial story that had originally been published by a non-relevant publisher?

[Maria Miller]

I am sure that the hon. Gentleman knows that such instances already arise and that they are covered by the normal laws of libel. That would continue to be the case because those organisations would not be deemed to be relevant publishers. The normal laws would therefore be in play. Hopefully, that provides him with some clarification.

In conclusion, getting the balance of incentives right is clearly important, as it was really important in the Leveson report. We are, I believe, striking a balance through these amendments that will present a tough new system of press regulation, but equally one that does not compromise the freedom of the press or investigative journalism. We are all clear that investigative journalism and freedom of the press should be given paramount importance in the process. Throughout cross-party talks, we agreed a set of proposals that will create a tough new system of self-regulation.

I believe the package put in front of us all today provides real incentives with real effect. It embodies a crucial part of Lord Justice Leveson’s proposals and part of the tough new regime for press regulation. These amendments have been put forward with cross-party support, so I commend them to the House.

--- Later in debate ---

[Paul Goggins]

I am happy to agree with my right hon. Friend. That is a very important point. Let me put a rhetorical question to those who are not in the Chamber tonight, but who represent all the parties in Northern Ireland. SOCA was able to sit alongside the Police Service of Northern Ireland from 2006 onwards, and did an excellent job. Why should that work not be continued to ensure that those whose organised criminality poses a threat are dealt with, and dealt with properly?

[Mark Durkan]

My right hon. Friend will recall from the debate last week that some of us made clear that we had drawn attention for a long time to problems about which no one in the Northern Ireland Office, the Ministry of Justice or anywhere else had talked to us. Since people have talked to us, the negotiations have made progress. Let me also say that, unlike Sinn Fein, my party has never had any problem with the provisions relating to asset recovery. We want asset recovery to go the distance.

[Paul Goggins]

I warmly welcome what my hon. Friend has said. He will recall that last week I intervened on his speech to observe that it was strange that the Minister had not leapt to his feet and embarked on negotiations with him there and then, because he was clearly willing to discuss this matter. I urge the Home Secretary, in good faith, to talk to the parties in Northern Ireland and work with Northern Ireland Ministers to ensure that legislative consent is secured as soon as possible.

We discussed community orders at some length in Committee. I thank the Minister for Policing and Criminal Justice, who, along with the Under-Secretary of State for Justice, the hon. Member for Kenilworth and Southam (Jeremy Wright), has had constructive discussions with the Restorative Justice Council, with me and with others about the merits of moving restorative justice to the mainstream of the criminal justice system. I know that the Minister shares that aim and aspiration, and I welcome amendment 110, which the Government tabled last Wednesday. We did not have time to debate it, but the substance is there, and that is important. I thank the Minister for the attention that he paid to the issue.

I hope that the amendment relating to women offenders, which was cruelly removed from the Bill in Committee, will be reinserted when the Bill returns to the House of Lords, because I think it important to focus on the needs of women offenders. The aim of working with any offender is to try to ensure that they do not reoffend and that they can re-establish their lives in a proper way. The Lords amendment was right to focus attention on the needs of women offenders and if that is re-inserted into the Bill, I urge Ministers to accept it as a positive move that they can work with.

May I also thank the Ministers who have responded to the debates on child neglect? Again, we did not have time to debate an amendment on that on Report, but the Minister for Policing and Criminal Justice made positive assurances about continuing to discuss the matter. The law is very outdated and it is important that we try to modernise it in a way that works and protects our children. Again, I pay tribute to him for what he has done on that.

Finally, I think that the Home Secretary is wrong to bring the super-affirmative order proposal back. I say to her that the way in which this has been done is not acceptable. She told us on Second Reading that she had not made her mind up, the Minister in Committee never raised it there, except obliquely, and yet right at the end it is brought back in. There is a debate about who should lead on counter-terrorism, but I find it odd—it is nice to be able to say this to her personally, as I said it the other day when she was not here—that this Home Secretary told us that to extend pre-charge detention beyond 14 days and to get the enhanced terrorism prevention and investigation measures we had to have fresh primary legislation, but to change the lead responsibility for counter-terrorism we need only secondary legislation. I ask her to reflect on that again. I hope that their lordships will take that measure out of the Bill again, and I urge her to think carefully before she moves to try to put it in.

Let me end by saying to the Home Secretary, to her colleagues and certainly to my Front-Bench colleagues that they have done a fine job in leading this difficult and complex Bill to the conclusion that we have reached tonight.