Criminal Justice and Courts Bill

Mike Kane Excerpts

Monday 12th May 2014 Commons Chamber

[Julie Hilling]

I wish to talk specifically to amendments 8 and 9 that are in my name and that of my hon. Friend the Member for Wythenshawe and Sale East (Mike Kane). There is something very strange happening with driving penalties. The law says that a driver should be banned if they receive 12 points on their licence, unless they would face exceptional hardship. It also says that the same plea for exceptional hardship should be used only once. I would not be surprised if there were a few people driving legally with 15 points, but I would not expect there to be 8,000 people frequently driving with many more points. I would not expect a person in Liverpool to be driving with 47 points on their licence, or a woman in Bolton to be driving with 27 points on her licence. I wonder how many pleas of exceptional hardship they have made. I am not sure I could even think up that many pleas to put before the courts.

Exceptional hardship is not about losing one’s job, but it could be about losing one’s home or about other people losing their job. The terms of exceptional hardship are very narrow, so why did the Squeeze singer Chris Difford escape a driving ban after pleading that it would cause exceptional hardship as he would no longer be able to travel the country playing gigs? The 47-year-old earns up to £100,000 a year performing around the country and was caught doing 88 mph on a 70 mph road.

The son of Tony Christie, famous for his song “Is this the way to Amarillo” claimed exceptional hardship because he would not be able to drive his dad to gigs after he totted up 25 points. The jockey Kieren Fallon escaped a driving ban after he claimed that it would cause exceptional hardship because the state of the racing industry was such that he could not afford a full-time driver. Premiership footballer Zak Whitbread, who admitted speeding at 97 mph with 17 points already on his licence, escaped a ban after saying that he would not be able to find another football job if he could not drive.

There are many other cases of people who have escaped bans. Not all of those 8,000 people are famous, but often they are rich enough to pay a good barrister to get them off. Alex Williams, the Tory candidate for Stretford and Urmston at the last general election, got off because he said that he would not be able to afford to pay his £2,000 a month mortgage if he could not drive. I do not understand why those people could not pay somebody to drive them around. They could have taken a taxi, train or bus like the rest of us.

As I have already said, drivers cannot use the same exceptional hardship plea each time they are taken to court, but there is no central record of which plea has been used. There is also no record of whether these drivers are involved in later accidents. If a driver can clock up 47, 27 or even just 15 points, they must have a disregard for the law and therefore pose a risk to other road users.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

I congratulate my hon. Friend on her campaign in her constituency. When the points system was established, it was never intended that so many people would get away with so many sob stories, and that we would have so many thousands of people driving on our roads. Magistrates do not know, because the Driver and Vehicle Licensing Agency has not informed them, that sob stories are repeated and used time and again.

[Julie Hilling]

I absolutely agree with my hon. Friend. I remember the days of endorsements. We introduced the points system to give us more flexibility, but 12 points was regarded as the threshold for losing one’s licence. If more people are driving around with more than 12 points on their licence, it lessens the effect of the deterrent. It may lead people to think, “Perhaps I can get away with driving around with more than 12 points on my licence.” The whole threat of people losing their licence after 12 points, so therefore driving within the law, has been weakened.

Of course we need to tackle the sentencing of people convicted of causing death or serious injury by dangerous driving or driving while banned, but the whole issue of driving offences—and the way that cars can be used as weapons—needs to be addressed. We need drivers to realise, at every level of offence, that bad behaviour will be punished in order to make our roads safer. The Bolton News, my local daily paper, has been campaigning on this issue for some time. It ran a survey a while ago in which 83% of people agreed that 12 points should mean that drivers are banned. There is real support for that proposition.

We know that young people aged 15 to 24 are more likely to die in road accidents than as a result of any other single cause and, sadly, the number of deaths is increasing. Of course we need justice for those who have lost loved ones, but we also need deterrence. We have to take road safety and driver behaviour seriously, and do everything we can across the spectrum, from the point at which people start offending behaviour in a car to the final catastrophic effect of a terrible accident.

I have been trying to raise the issue of 12 points in various ways for several years, often with the support of Brake. Transport Ministers told me to speak to Justice Ministers, who told me to talk to the Sentencing Council, which told me to go back and speak to Transport Ministers. I am therefore relieved to have a place in which to raise this issue, although I accept—given what the Minister said—that the issue will not be solved in its entirety. I have spoken to magistrates and the Institute of Advanced Motorists about this very issue, and they are very concerned about it. The magistrates raised the issue of the difficulty of getting accurate information from the DVLA about the number of points that a driver has. Secondly, magistrates are concerned that there is no record of the pleas used. Although a driver cannot officially use the same plea of exceptional hardship, the magistrates have no way of knowing whether it has been used before. Thirdly, the magistrates worry about a lack of consistency. Different magistrates accept different pleas of exceptional hardship, so some drivers are allowed to keep their licence in some courts whereas others in other courts are not.

--- Later in debate ---

[Kate Green (Stretford and Urmston) (Lab)]

I share all the concerns about secure training centres that have been expressed this evening by Members of all parties. I want briefly to ask the Minister about the position of young women and girls in particular. Frankly, it is baffling that young women could be in the same secure training centre as young men when we have taken such steps to differentiate the needs of adult women in the custody system. It is also baffling that, when we have ruled out Titan prisons for adults, we think they are appropriate for young people. We seem to be going in an utterly perverse direction.

We know that girls’ needs in the penal system are different from those of boys and young men. We know that girls are more likely to self-harm and to be placed in restraint and in segregation. We also know that their emotional and well-being needs are different. They have often been victims of terrible trauma and abuse prior to their entry into the penal system. Therefore, if girls and young women are to be placed in these centres, I want the Minister to address some specific issues with clear and direct responses.

First, will the Minister tell us whether any young woman who might be pregnant or who might be a young mother will be placed in one of the secure training centres? In my view, it would be utterly unacceptable for such young women to be confined in the centres. Secondly, will any young women or girls who have themselves been a victim of sexual or domestic abuse or violence be placed in such institutions? Again, it would be utterly inappropriate to put such young women where they would see themselves close to the risk of bullying, aggression and potentially harm from young men. Thirdly, will dedicated staff working only with girls and young women be employed in the secure training centres, or will the whole staff team be shared across the centres, with no specialist and dedicated provision for girls and young women? Finally, what assessment, if any, has his Department made of the impact on reoffending rates among girls and young women of being placed in such institutions? I am not aware of any evidence that such a goal would in any way be effectively achieved, but perhaps he will share such evidence as he has.

[Mike Kane]

Ministers in the Government who abandoned the Building Schools for the Future programme are now effectively asking Parliament to write a blank cheque for the introduction of the secure college. During my first Public Bill Committee, I was mightily impressed by the contributions of Members and Front Benchers on both sides and by how they comported themselves. There was unanimity on many items in the Bill, but this was a particular area of division. Like my hon. Friend the Member for Hayes and Harlington (John McDonnell), I do not think that even Ministers believe in this proposal. Yet the Government’s objective is laudable. The Minister has said that 69% of young offenders go on to reoffend. We should all share the ambition to do better, because that figure is too high.

I have many objections to the secure college. My first objection is to its size and cost, as my hon. Friend the Member for Barnsley Central (Dan Jarvis) pointed out. With 320 beds and at a cost of £85 million, it can only be described—as it has been—as a Titan. The up-front cost for each place is more than £250,000, which is more than places in secure homes, secure training centres or young offenders institutions. What position will they find themselves in once this college has been built? How will it distort the market for our other provision up and down the nation?

Liberty has stated that the proposal will work against the Government’s objective of reducing young offending. As my hon. Friend the Member for Stretford and Urmston (Kate Green) said so eloquently, the position of young female offenders within the provision is completely unclear at the moment. The Youth Justice Board has advised against any accommodation for girls in such a secure college.

My second objection to the secure college is that the Government are not clear about its objectives. Is it supposed to be educational, or to have a custodial function? They have not worked that out. If the purpose is educational, my worry is how any educator in such an establishment can create the necessary relationships between themselves and those they educate. As a school teacher, I had 190 days—based on the old agrarian timetable—to teach a child, to build a relationship with them and their parents, and to pass that on through a sophisticated mechanism for the handover that involved reports and strategy. When he spoke so eloquently about SEN measures, the hon. Member for South Swindon (Mr Buckland) was exactly right to ask how such a process will happen. The average custodial sentence for a young person is less than 80 days, so how can an educator begin to establish such relationships in an educational environment that will bring the young person on? I do not think that there is any chance whatsoever of building such a relationship between educators and the young person. Young people with special educational needs also have complex social and emotional needs.

In conclusion, I could not agree more that large institutions are wrong for children, and they are particularly damaging for the most vulnerable children. Without clear objectives, the leaders we hope to employ in any such institution will find it an almost impossible task to navigate the mission that the Government have failed to clarify in Committee and in the House tonight. The Government should think again.

[Jeremy Corbyn]

I will be brief so that other colleagues can speak in this important debate. I was pleased that the Front-Bench spokesman gave way to me earlier because, having visited a number of young offenders institutions through my membership of the Justice Committee, I am alarmed by the background of many of the young people in those institutions. They are often the victims of abuse, neglect or simply an uncaring society and a lack of care throughout their lives. They often end up brutalised by the system, then come out and commit further offences. Life gets worse and worse for them.

The endless answer appears to be a bigger and bigger plethora of agencies, contractors and others who are supposed to assist these young people who are going through serious traumas in their lives. One problem is that too many agencies, too many people and too many organisations are intervening, often on a profit-centred basis rather than a care-centred basis. The people who lose out are the young people. The rest of society also loses out because the skills and abilities of those young people are lost to us as they set off on a life of crime and further imprisonment.

The Government now propose these very large secure training colleges. I am appalled by the whole idea. I agree with what has been said from the Opposition Front Bench and by the hon. Member for St Austell and Newquay (Stephen Gilbert) and others. We do not need big institutions, where people get lost, where self-harm takes place and suicides occur, and where bullying and harassment become a daily fact of life. That culture can become a form of control over those within the centres. We need something that is far more caring and far more focused on educational achievement and building social skills for the future.

I will make one last point so that others can contribute to the debate. During the investigation into youth justice, a number of us on the Justice Committee had the good fortune to visit young offenders institutions in Denmark and Norway. That was very instructive. They spend a great deal more money than us on dealing with young offenders. They have much smaller units in which to deal with them. They focus heavily on education and social skill development, and heavily encourage family visits and, where possible, education in a normal college outside the institution. The person who goes through the process of rehabilitation while in custody maintains a high degree of contact with the rest of society, rather than being totally locked away and coming out after some years having lost lots of social skills, if not lots of contacts. The results in Denmark and Norway are very low levels of reoffending compared with what we have, much lower levels of self-harm and attempted suicide, and, in the long run, a much lower level of crime in society.

My hon. Friend the Member for Hayes and Harlington (John McDonnell) pointed to the obsession with the contract culture. That seems to be driving the Ministry of Justice at every turn. There are teams of people in the Ministry of Justice working out how to hive off, sell off, privatise and get rid of services, rather than focusing on the core function, which is the administration of a service and reducing the rate of reoffending—not creating profit centres for companies such as G4S and many others. Please can we not go down that road? I hope that the Minister understands that many of us feel passionately about this. We want to see young people being valued, not having their lives destroyed in these kinds of institutions.