Foreign National Offenders (Exclusion from the UK) Bill

Debate between Pauline Latham and Philip Davies

Friday 11th March 2016 Commons Chamber

[Philip Davies]

As I have already suggested, an awful lot of things on the statute book are not being implemented by judges. Some offences do not carry a prison sentence, so that would not apply no matter how many strikes someone has. We now have a mandatory prison sentence for a second offence of possession of a knife, but we saw just this week that only half of the people to whom that should apply have been sent to prison. The House’s intention is clearly not being followed by the courts, which is why we have to make the law as clear cut as possible to avoid such problems in future.

[Pauline Latham]

Rather than bring in yet more legislation, should we not put pressure on judges to follow the current legislation? They are clearly failing in their duty to send to prison the people who should be sent to prison. It is also clear that we are regularly not deporting the people who should be deported.

[Philip Davies]

I agree with my hon. Friend’s sentiments, but, given where we are, we are going have to do something to give judges as little discretion as possible, because the more discretion we give them, the more they defy the will of Parliament.