Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 13th December 2011 Commons Chamber

[Mr Djanogly]

The hon. Gentleman’s expertise in this area is renowned, so perhaps I can write to him on the specifics of the cemetery in his constituency. I just point out to him that the Ministry of Justice has no responsibility for health and safety in local authority cemeteries.

[Mr Robert Buckland (South Swindon) (Con)]

13. If he will bring forward proposals to extend the power of the Attorney-General to refer unduly lenient sentences to the Court of Appeal for crimes aggravated by hostility towards disabled people.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

We have no plans to extend the Attorney-General’s powers in this field at present. However, as my hon. Friend will be aware, we are considering this issue carefully in formulating our response to the recommendations of the Equality and Human Rights Commission’s inquiry into disability-related harassment.

[Mr Buckland]

More work needs to be done to ensure that existing provisions allowing for longer sentences where offences are aggravated by disability hate are applied consistently. Would extending the Attorney-General’s powers of reference not help to establish greater consistency in sentencing?

[Mr Clarke]

I agree with my hon. Friend that this is an important area, because it is a particularly nasty element of crime when violence or something of that kind is provoked by hostility to a disabled person because of their disability. Sentencing guidelines already provide that this is an aggravating feature when someone is sentenced. Of course, if the Attorney-General uses his existing powers to appeal a lenient sentence, he can include cases where disability is a feature, for example, in an assault occasioning grievous bodily harm or something of that kind. But we are looking at the point again at the moment and I will bear my hon. Friend’s comments in mind.