Police (Detention and Bail) Bill

Nigel Evans Excerpts

Thursday 7th July 2011 Commons Chamber

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I call Mr Coaker.

[Vernon Coaker (Gedling) (Lab)]

Perhaps I should explain to Members who were wondering why I was not standing up to speak that I was trying to give others a chance to make a contribution. Some of what I say may appear to repeat aspects of the debate we have already had, and although I do not mind being subjected to barracking, I hope I will not be subjected to barracking over and above what one might normally expect.

As we have now moved into Committee, let me go into a little more detail. To be fair to the Minister, a few moments ago he could have done with a little more time to address some of the measures he is trying to rush through. Clause 1 is essentially the Bill, so it is almost as if we are repeating Second Reading, but let me say again from the outset that we support the provisions in clause 1. We absolutely agree that we need to fast-track the Bill, and the reasons for that are well set out in the explanatory memorandum.

Earlier, the shadow Home Secretary was trying to elicit from the Government answers to two key questions on fast-tracking and the legal advice and preparation—or lack of it—that the Home Office made in introducing the Bill. First, our understanding is that the Attorney-General was asked by the Supreme Court to intervene in the public interest in the application for a stay of judgment. Did the Attorney-General intervene and support the Government? Was he involved in seeking that stay of judgment in the Supreme Court? As I say, we support the fast-tracking of the Bill, but secondly, will the Minister tell us when the Home Office commissioned officials to draw up draft legislation? It would be of interest to us all to know when that advice was commissioned, so that we could have greater clarity about the Bill and the speed with which the Home Office acted. Our view is that it did not act as quickly as it might or should have done.

We do not, in any way, underestimate the importance of and need for speed in this matter, as 80,000 individuals are currently on police bail. If hon. Members have not had the opportunity to look at the submission from The Trade Union and Professional Association for Family Court and Probation Staff—NAPO—I urge them to examine it. That body has put together some case studies that illustrate some of the difficulties that have arisen as a result of the judgments. I shall just discuss one of its examples, which relates to a 24-year-old man arrested on suspicion of an alcohol-fuelled assault and affray. He was held in cells overnight to sober up, and it is believed that that counts towards the 96 hours. His interview was then delayed for a further two hours to wait for the duty solicitor. He was then bailed on condition that he avoided the victim and the pub, and the police are now collecting witness statements and forensic analysis from the site. Five days have already passed since the incident, and so the bail conditions will fall. NAPO’s submission contains other examples, which are set out for the Committee. Those case studies are extremely important and they show why the Government have introduced this fast-track Bill.

In the previous debate the Minister started to respond to some of the questions posed by hon. Members from both sides of the House. If we examine what Liberty, Justice and many hon. Members have said about the Bill, we find that everyone accepts the need for it to be fast-tracked. However, we need to consider what my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) was saying, as it goes to the heart of the matter. As he set out, the Bill contains no sunset clause and, irrespective of whether or not that is the right way to proceed, that does not mean that the Government should not consider some of the issues that people have raised. The fact that everyone accepts the need for it to be fast-tracked does not mean that we should not address the issues relating to time limits for how long somebody can and should be able to remain on police bail, and those concerning some of the conditions that are attached to bail.

I believe that the Minister said earlier that the system had been operating for 25 years without anybody raising such issues and so there was not previously a problem. I do not mean to misquote him, and apologise if I am doing so, but the fact—or not—that these issues have not been raised before does not mean that the Government should not consider examining those that have arisen as a consequence of the judgment. There needs to be a debate. Given that the Bill contains no sunset clause, will the Minister say whether he feels that there is a need for a debate about time limits and the application of conditions in police bail, just to see whether any change to the guidance should be made? There may well be no need as a result of that debate to make such a change, but all this throws up an opportunity for us to discuss with the police and others whether any change is needed.