Unduly Lenient Sentences

Debate between Rehman Chishti and Mike Penning

Wednesday 6th December 2017 Westminster Hall

[Sir Mike Penning]

My hon. Friend hits the nail on the head. I congratulate him on the work he has done to address the law in this area. If we work together across the House, we can address what he wanted his Bill to do with regard to other anomalies. When we talk about the juvenile courts, we think about really young people, but I could have been prosecuted in a juvenile court—had I committed an offence—while I was serving in the Army, which I joined when I was 16. It seems to me that we are removing a whole plethora of cases—with victims who still desperately need to feel that they have been heard and listened to—simply because they were tried in a certain type of court or involved a certain type of offence.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I pay tribute to my right hon. Friend for securing the debate. He has mentioned his time as a Transport Minister. I completely agree that one should do everything one can to support victims, but at the same time one should prevent people from becoming victims in the first place. Does he agree that, in certain circumstances—such as sentencing for driving while disqualified or drink-driving, for which only a six-month custodial sentence can be given by the lower courts—we need not only that review of unduly lenient sentences, but a review of sentencing in the wider context, including for such transport matters?

[Sir Mike Penning]

Absolutely. Colleagues across the House will bring up such anomalies during this debate. I am enormously proud of the very few drug-related driving offences that were prosecuted—I had the honour of being the Transport Minister when we introduced the drugalyser at the roadside—as well as of the first prosecutions that took place, although that took nearly four years and I was in the Ministry of Justice by then. But the sentencing also needs to be a deterrent. People need to realise that when they commit certain offences, the penalty will fit the crime. If people go before magistrates courts—I think this is what my hon. Friend was talking about—knowing that they will get only six months, they will not opt for trial by jury or to go up through the system to be tried before a judge in the Crown Court. I agree—though this is not something I will concentrate on today—that we need a much wider debate on the types of sentencing to which I am referring.

Before I became a Minister, I did try—I appealed against the leniency of sentences, particularly those to do with paedophiles. I had real concern about some of the sentences for paedophiles who not only did not plead guilty, but did not think that they had done anything wrong, and I have always had concerns about racially aggravated offences. I think such offences are an abhorrence to our society.

I appealed successfully. One of my constituents was murdered by a man called McLoughlin, who was out of prison on day release. He attacked my constituent’s neighbour and my constituent did what I hope I would do, which was defend their neighbour, but they were murdered. McLoughlin was found guilty in the courts and given a sentence of something like 20 years—don’t quote me on that. We all knew what would happen—it would be three years or something. Nor was that the first offence, because he had murdered before. I appealed to the then Labour Attorney General that the sentence was unduly lenient. He should have got a much more severe sentence, or at the very least an indeterminate one.

In court the judge had said, “I cannot give an indeterminate sentence, because the European courts will strike it down.” That was like a red rag to a bull. The sentence a judge in our courts gives has nothing to do with a European court. We subsequently won the appeal—the Attorney General agreed with me, as did, eventually, the Court of Appeal. McLoughlin was eventually given the right sentence, which was an indeterminate one. Hopefully, he will spend the rest of his life in prison. That will never bring back my constituents’ husband and father, but the original sentence was wrong.

When I got into being a Minister, in particular for policing in the Ministry of Justice, I kept asking: why are we not addressing those anomalies in the law? It is fundamentally unfair that victims do not have the same rights as the perpetrators. The Ministry of Justice is not represented in the Chamber today, but I know that the briefing would be that the cost implications of having more people in our prisons are disproportionate.

I am afraid that that is tosh. I have seen no physical evidence for that—not in the whole two and a half years I was in the Department, and I asked for it several times. The Attorney General and I debated it around the ministerial table and with the Prime Minister, who was then the Home Secretary. We never got to the bottom of the great opposition in the Ministry of Justice to more people going to appeal. In actual fact, from the other end of the telescope it looks like fewer people go to appeal because they do not all opt to go to the Crown Court, opting instead for their defence to be heard by their peers in a magistrates court. There is no evidence and we do not know exactly what is going on.

Police Grant Report (England and Wales)

Debate between Rehman Chishti and Mike Penning

Wednesday 10th February 2016 Commons Chamber

[Mike Penning]

I know the Labour party are desperately trying to find a reason to vote against our very generous funding settlement, even though they would have liked to make it a really difficult settlement by cutting it by 10%. What I actually said was that there are more operational police officers on duty now on the frontline than there were in the past. That is what I have said at this Dispatch Box time and time again. Perhaps, when we hear the shadow Minister’s arguments as to why there should have been greater cuts—I should say cuts, because we are not going to cut at all—he will tell us what front-line services we would have lost. We need to ask that, because the money would have had to come from somewhere.

[Rehman Chishti (Gillingham and Rainham) (Con)]

There has been a lot of talk about cuts, and indeed about the horrific issue of gun crime, but the issue of counter-terrorism and national security is also linked here. Will the Minister clarify that this Government, in 2015-16, will be increasing spending on counter-terrorism by more than £650 million, which shows our commitment on national security?

[Mike Penning]

My hon. Friend is absolutely right about that. We fund counter-terrorism from a separate budget, and that is enormously important. We have a Minister of State who specifically deals with that task. It is really interesting that even though I have heard Opposition Members say today, “This is terrible! This is going to happen; this has happened,” actually the 43 authorities welcomed the Chancellor’s Budget, and I have had really interesting discussions with them, in some of the areas represented by Members who have complained today about the settlement. That is what this debate is supposed to be about: it is about a very generous settlement, which we would not have had if we had not won the arguments with the Chancellor.

--- Later in debate ---

[Mike Penning]

I know exactly what my hon. Friend is saying and I know exactly what is in the letter, because I have received a very similar one. Lincolnshire’s force was asking me to change the funding formula to make it fairer for Lincolnshire; a lot of constabularies and a lot of people in this House have asked for similar over the years. We are continuing to look at that and I will make sure I get it right, but this settlement is a lot better than Lincolnshire thought it was going to get and a lot better than it would have been, had there been a Labour Minister at this Dispatch Box.

[Rehman Chishti]

On collaboration, will the Minister pay tribute to the work being done by Essex and Kent police on their joint serious crime directorate, which looks at using intelligence sharing to ensure that serious and organised crime in the port county is dealt with swiftly and effectively?

[Mike Penning]

That type of collaboration is so important. For too many years forces have sat in silos, as have individual emergency services. They are coming together and one reason for that is that the austerity measures we had to bring in have made them think outside the box.

Oral Answers to Questions

Debate between Rehman Chishti and Mike Penning

Tuesday 16th December 2014 Commons Chamber

[Rehman Chishti (Gillingham and Rainham) (Con)]

T5. Following the introduction of my private Member’s Bill, which calls for a tougher stance on repeat driving offences, will the Minister confirm that those matters are being reviewed fully, and will he clarify when the Government will respond to the review?

[The Minister for Policing, Criminal Justice and Victims (Mike Penning)]

I pay tribute to my hon. Friend for the work that he has done in that area. As a former Transport Minister, I have looked at this issue for many years. I will continue to look at the review and we will come forward with proposals. We are determined that whatever proposals come forward will be fit for purpose. His work will be very helpful.

Oral Answers to Questions

Debate between Rehman Chishti and Mike Penning

Thursday 15th September 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I genuinely apologise to the hon. Gentleman. Because he was asking about the Humber bridge, I assumed that he was asking about tolls. I will write to him specifically on the A160 as soon as I return to the Department.

[Rehman Chishti (Gillingham and Rainham) (Con)]

T7. Following the Government’s consultation on the future of the Dartford crossing, will the Minister consider extending the local person’s discount scheme to include my constituents and the wider Medway area?

Dartford Crossing (Congestion)

Debate between Rehman Chishti and Mike Penning

Tuesday 23rd November 2010 Westminster Hall

[Rehman Chishti]

Will every avenue be followed to ensure full and thorough consultation with local authorities and residents in the areas that are proposed for any future Thames crossing?

[Mike Penning]

There will be full consultation on that, just as there will be consultation now on the toll increases. Of course consultation will take place, but we must ensure that whatever is built is fit for purpose not just for us today, but for future generations.

I congratulate my hon. Friend the Member for Dartford on securing this debate, and I hope we can work with other colleagues on this project.

Question put and agreed to.