Oral Answers to Questions

Debate between Robert Flello and Simon Hughes

Tuesday 6th May 2014 Commons Chamber

[Simon Hughes]

The reforms are absolutely clear in wanting to do two things. The first is to ensure that cases are considered properly and in a timely way, and that is the joint concern of the Department for Education and the Ministry of Justice. The second is to ensure that all those who need to be represented in child-related cases have the adequate resources. I hope that that will give my hon. Friend the reassurance that she needs.

[Robert Flello (Stoke-on-Trent South) (Lab)]

Will the Minister join me in congratulating Superintendent Derek Lockie on and, especially thanking him for, his outstanding work for victims and victims’ organisations during his time leading the Victims’ Commissioner’s office? But does the Minister agree that the loss of such a talented and fiercely independent lead in that office is a matter of great concern?

Defamation Bill

Debate between Robert Flello and Simon Hughes

Wednesday 12th September 2012 Commons Chamber

[Robert Flello]

Clause 4 is an important, central part of the Bill, but some commentators believe that, as drafted, it does not represent an effective public interest defence. Others, as we have heard, believe that it should either be amended or improved by new clause 4.

Members will notice that my copy of the Joint Committee’s report is well-thumbed, and I draw their attention to what it has to say about the matter. I am sure that the Minister has already read it, but it would be worth her while to look again at what it says about what was clause 2, on responsible publication. It is important and relates to some of this afternoon’s amendments and comments. It will also elaborate on the Bill and inform views as the Bill makes its way through Parliament.

Today’s has been a good debate, as was the one in Committee, and I begin with a few observations on new clause 4. It was tabled by the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) but bears an uncanny resemblance to the new clause that I tabled in Committee.

[Simon Hughes]

Same parents.

[Robert Flello]

Indeed. As I was about to say, because we both know their provenance, we understand the reasons for that uncanny resemblance, so it would be hard for me not to support new clause 4, especially given that my new clause was withdrawn with the specific intention of fighting it another day.

You will be reassured, to know Madam Deputy Speaker, that I have no intention of rehearsing our discussion of clause 4. Instead, I invite the House to read in Hansard what was said. However, I was dissatisfied with the previous Minister’s assurances on the predecessor to new clause 4, and was not reassured that it encompassed Reynolds, as revised by Flood and Jameel. I hope, therefore, that the other place can pin down the Minister on this matter and get some better legislation out of this.

As I understood the observations of the right hon. Gentleman, new clause 4 is intended as an addition to the statutory version of Reynolds. The existing clause 4 defence would be available to publishers with deep enough pockets who did not wish to publish a clarification, contradiction or, where relevant, a correction. The new clause 4 defence would be available to publishers prepared to correct the record promptly and, if needs be, prominently, and to publish a right of reply promptly and prominently, avoiding the use of lawyers.

As Members on both sides of the House have said, in the internet age, a prompt and prominent clarification, contradiction or correction can be an adequate remedy for non-malicious public interest publication, particularly given that some readers might see an original posting but not a subsequent one. So publishing a correction straight away online is often a good way of doing it—perhaps we could call it a post-publication responsible publication. The Opposition are concerned that we end up with a clause 4 that does the job. As I said, I support the direction of travel in new clause 4, and look forward to hearing the Minister’s comments. I hope to hear something new, not what we heard in Committee, and something from which we can take reassurance.

On the amendments tabled by my hon. Friends the Members for Newcastle-under-Lyme (Paul Farrelly) and for Hayes and Harlington (John McDonnell), my constituency neighbour, my hon. Friend the Member for Newcastle-under-Lyme, pointed out that the Reynolds list was meant to be flexible, but that this had led to a catalogue of problems. I welcome his attempt to tidy up clause 4 while seeking to probe the Government’s thinking. It is important that the Minister gives us the reassurance and advice we seek.

My hon. Friend the Member for Hayes and Harlington outlined the NUJ’s understandable interest. It will have concerns that good journalism will suffer because of the behaviour of bad journalists and the unfair pressure placed on good journalists by editors and owners not as concerned about good journalistic standards as they are about profits and getting the sensational headlines to generate them. I see where he is going with his amendments, and I understand the positive intentions behind them. I suspect that much of clause 4 will need to be revisited following the conclusion of Lord Leveson’s work. It is almost a great pity that the Bill has proceeded so quickly through the House. If it had been delayed, perhaps by a few months, we could have incorporated conclusions and findings from the Leveson inquiry and the inquiry into privilege. It should all be looked at as a package, rather than taking defamation as a stand-alone issue. This is an important subject and the law has not been amended since 1996. All the party manifestos wanted the law amended, but the undue haste of trying to get the Bill through Parliament—specifically clause 4 —means that the amended Bill with its additional new clauses does not currently pass the test of good and effective potential legislation. In the spirit of trying to get a good result, I look forward to what the Minister has to say.

Public Bodies Bill [Lords]

Debate between Robert Flello and Simon Hughes

Tuesday 25th October 2011 Commons Chamber

[Simon Hughes]

I want to say a few words, following what my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) has said and on behalf of my right hon. Friend the Member for Carshalton and Wallington (Tom Brake), who might join us later but is unable to be here at the moment. He has engaged with the Minister, as I have, and I thank the Minister for his engagement with colleagues on this matter, which is much appreciated.

I have always thought that the decision to create the Youth Justice Board was a good one, a view vindicated by its reputation and record. It has done a good job. The right hon. Member for Cardiff South and Penarth (Alun Michael) made the point, which I agree with, that it has clearly helped bring down offending and reoffending rates among young people and produced more successful ways of dealing with youth offending, both strategically at a national level and at the level of youth offending teams, to which my right hon. Friend the Member for Berwick-upon-Tweed referred. I have a few questions for the Minister. My honest position is that I am nervous about the proposal, because I do not want to lose a good thing, but I know that the Minister sees that it has many good elements and I hope that he can reassure us.

We know from a parliamentary answer that there have been 70 responses to the consultation, but we have not heard what the balance is between those who support the Government and those who oppose them. We do know that many of the key voices—the right hon. Member for Cardiff South and Penarth quoted some of them—to whom we should listen think that the Youth Justice Board is a good thing and ought to stay. If chief police officers and the Magistrates Association want the arrangement to stay, we should be very careful before proceeding down a road that changes it. Will the Minister share with us slightly more explicitly the answers to the consultation?

I would be grateful if the Minister responded to my right hon. Friend and put it on the record. It is imperative that the ability to plan, manage, organise, give advice on policy and take policy decisions on youth justice is retained separately—obviously linked with other parts of the criminal justice system, but separately. The way to deal with youngsters coming into the criminal justice system is entirely different from dealing with adults or old lags who reoffend.

Importantly, I would like the Minister to put on the record the fact that there will be absolute freedom for the successor body, if there is one as an advisory council, to speak when it wants to speak, to be able to say what it wants to say, and therefore to contribute to the public debate, as well as to the private debate. Will the Minister make it clear that if functions are to be transferred—I understand the Government’s argument about reducing the number of quangos—a Minister, for the moment presumably the Under-Secretary of State for Justice, the hon. Member for Reigate (Mr Blunt), would be accountable to Parliament specifically for youth justice issues, and would see that as a separate component within the realm of the prison service and justice issues as a whole.

Some of us remain to be persuaded that this is the right way to go, because of the good record of the Youth Justice Board, and some of us are troubled that we might lose those good things if it were to go, but we are open to persuasion if clear assurances are given and the questions asked by my right hon. Friend, the right hon. Gentleman and me are answered adequately.

[Robert Flello (Stoke-on-Trent South) (Lab)]

The Youth Justice Board has played a central role in reducing the number of criminal offences committed by young people since its creation, but the Government’s proposal to transfer its functions to the Ministry of Justice threatens to roll back the progress of the past decade. As we have heard, the YJB has pioneered the creation of a distinct youth justice system, separate from the adult estate, recognising that the factors that lead young people to commit crime are complex, and can be addressed only through specifically targeted crime prevention and rehabilitation strategies.

As we have heard, during the last Parliament the Youth Justice Broad oversaw a 43% reduction in the number of first-time youth offenders by working with youth offending teams to focus on the causes of crime. We have also heard, but it is worth repeating, that there has been a 34% reduction in offences committed by young people and a 15% reduction in the number of young people in custody, down from 2,830 per annum to 2,418 per annum by May 2010.