Abortion: Offences against the Person Act

Robert Goodwill Excerpts

Thursday 15th June 2023 Commons Chamber

[Edward Argar]

As this is my first opportunity at the Dispatch Box this week, and as an east midlands Member of Parliament, I put on record that my thoughts are with the families and all those affected by the terrible incident in Nottingham. Our thoughts go out to that great city and all those involved.

It is important to remind the House that the right hon. Lady has taken a principled and passionate interest in this issue for many years. I will not comment on the specifics of the case. The House has heard her very carefully worded references and, if she will forgive me, I do not propose to add to them because there is still the possibility of further legal proceedings in that case and I do not want to pre-empt anything in that space.

The long-standing position remains that it is for this House to seek to make changes, if it so wishes, but not for the Government. As I said, any such vote would be, in normal process, a free vote and would be brought before the House in the context of a private Member’s Bill or perhaps through the tabling of a dextrous amendment, which I know some Opposition Members are not averse to doing, and with success.

The position in Northern Ireland is due to a decision made by the House, cognisant of the fact that there would be different regimes in Northern Ireland and in England and Wales. Again, we respect the will of the House in that respect.

Sentences are a matter for the courts. As the right hon. Lady said, Parliament set the maximum sentence at life imprisonment, and it is open to Parliament to change that if it so wishes, but the courts have to apply the law as set by this Parliament, or by a previous Parliament many, many decades ago.

I accept the right hon. Lady’s final point that any change would not be about deregulation, and I heard her make that point very clearly on the radio a few days ago, seeking to frame it in a public health or health context, rather than a criminal context. Again, that is a matter for the House, not for the Government.

I am not aware of any specific conversations between the Government and the royal colleges and others on regulation. Were Parliament to show its will and seek to change the law, the Government would, of course, work to implement the will of Parliament effectively and efficiently.

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

Given advances in care for babies born prematurely, might this be a good time for the Government to facilitate a debate in Government time, followed by a free vote, to get at least an indicative feeling of where the House now stands, given the current situation?

[Edward Argar]

What debates are scheduled in Government time is a matter for the Leader of the House, who is in her place and will have heard my right hon. Friend’s representation, on which I am sure she will reflect.

Ten-Year Drugs Strategy

Robert Goodwill Excerpts

Monday 6th December 2021 Commons Chamber

[Kit Malthouse]

I do not know whether the hon. Gentleman is conflating heroin-assisted treatment with overdose prevention centres, but as he may know, heroin-assisted treatment is under way in Cleveland. When licences are applied for, we look at them on their merits and on a case-by-case basis. I am happy to entertain other applications if people want me to. I will take the same view: that we have to look at them on a case-by-case basis and see what investment goes alongside that to make sure that we get the wraparound approach that will result in the recovery that we want.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

A couple of years ago, I spent a day with paramedics in Scarborough. I was surprised to discover that they were getting an increasing number of call-outs to professional people in their 50s and early-60s who are suffering from serious, sometimes fatal, heart disease. The reason? Regular cocaine use over a number of years. Does the Minister agree that people who think that drug use is a victimless crime might well find themselves being the victims themselves?

[Kit Malthouse]

My right hon. Friend is absolutely spot on. A lot of people underestimate the impact that illicit drugs can have on not only their physical health, but, importantly, their mental health. I think all of us may have experience of meeting those who have perhaps taken too many drugs in their past and have seen the damage that that has done to their brains, as well as to their bodies. That is perhaps one of the education items that we need to include in our deterrence campaign.

Oral Answers to Questions

Robert Goodwill Excerpts

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

I have already met a number of police and crime commissioners to talk about this very issue, but I should be happy to meet Mr Hogg, as well as other PCCs, to discuss these matters again. We want to ensure that PCCs can play a full and active role in this process, and I am heartened by the determination and willingness of many of them to do all that they can to help to develop it and to ensure that we have a strong probation system.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

3. What steps the Government have taken to tackle criminal activity and drug abuse in the prisons in the 10 prisons project.

[The Minister of State, Ministry of Justice (Rory Stewart)]

Turning around the problem of drugs in prisons involves focusing on relationships, staff and perimeter security, but for the first time, every one of those 10 prisons will have proper dog teams, X-ray scanners and full airport-style security. I believe that that will drive down the supply of drugs in those prisons, and I expect to be judged on the results.

[Mr Goodwill]

The Minister won the admiration of the nation when he put his neck on the line in pursuit of his ambitious targets to reduce drugs and violence in our prisons. What other practical steps is he taking to meet those targets and to ensure that our prisons not only keep prisoners in, but keep drugs out?

[Rory Stewart]

As well as ensuring that people are searched at the gates, we are investing more in netting and grilles. We are also investing a great deal more in staff training and support. Last week, I was lucky to be able to visit Newbold Revel, our prison officer training college, to see the passing out parade of the new set of individuals who are bringing standards to those 10 prisons.

Draft Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 Draft Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment Etc.) (EU Exit) Regulations 2019

Robert Goodwill Excerpts

Wednesday 30th January 2019 General Committees

[Lucy Frazer]

I understand that all member states sign up to the Hague convention. In fact, the EU signs up to the Hague convention, and therefore the member states are signed up as parties under the umbrella of the EU.

There are a number of additional matters to raise. In relation to the first statutory instrument, we are very grateful to family law practitioners for raising two issues about maintenance that we are urgently considering. Both are technical and complex. The first relates to jurisdiction and remedies under the Children Act 1989 and whether, in returning to the pre-EU position, the instrument has inadvertently narrowed the jurisdiction of the English and Welsh courts and the type of financial awards they can make. The Government’s position is that the current position is appropriate, and there is no intention to reduce or narrow the provision available to families. The Government will bring forward a further SI to address that.

The second issue relates to whether, post exit, an English or Welsh court will have the power to rule on pension-sharing arrangements in cases where a person does not have a connection to England or Wales but is unable to bring the claim elsewhere. Although only a small number of cases will be affected, we will consider whether that issue should be addressed.

I shall now deal with the draft Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019. The UK Government’s position has always been that we will apply the same rules on jurisdiction, recognition and enforcement to same-sex divorce and civil partnership dissolution as we do to opposite-sex divorce.

As Brussels IIa does not apply in relation either to civil partnership dissolution or to divorce between same-sex couples, our domestic law mirrors the relevant provision for those cases. It is entirely appropriate to take a similar approach to determining jurisdiction, recognition and enforcement as that taken for opposite-sex couples. That is what the regulations will do.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Many of us in this place would like civil partnerships to be extended to different-sex couples. Would further changes to the regulations be required for their provisions to apply in such cases, or would that happen automatically if we extended civil partnerships to non-same sex couples?

[Lucy Frazer]

That is a matter that we would consider at the appropriate time, but my right hon. Friend makes a very good point. We are looking at those issues and are committed to them.

In conclusion, without a deal in place, there would be no overarching framework between the UK and the EU, as there is under existing mechanisms. We are therefore ensuring that, if we leave without a deal, our legal system will continue to work effectively for our citizens through the international arrangements we have in place and by going back to common law. If Parliament approves the withdrawal agreement, which includes an implementation period, and passes the legislation necessary to implement that agreement, the Government will defer the coming into force of these instruments until the end of the implementation period. If a deal on our future relationship is reached, we envisage that the instruments will be revoked in their entirety.

--- Later in debate ---

[Mhairi Black]

I want to start by saying that I appreciate that the instruments are very dense and technical. Will the Minister write to me to clarify a couple of things? The part that particularly concerns me is child maintenance. I would like clarification that child maintenance comes under the Hague convention and that there will be no EU member states where we do not have a framework in respect of child maintenance in particular. I appreciate that that is something that the Minister can go away and find out.

I am keen to find out exactly when it is intended that the full impact assessment will be published, as was said by the hon. Member for Cardiff North. If we do not have a date for the full impact assessment, I would appreciate the reasoning behind why we are ploughing on ahead when we have not had the chance to review things properly.

At the moment, I am still going to vote against the motions, for the simple reason that I find it incredible that neither of the instruments has been subject to formal consultation, when we have such an unprecedented event about to happen. That is the first thing that is a real red flag for me.

I also find it incredible that there are no plans to issue any guidance. The explanatory memorandum to the draft family regulations says that the Government have spoken to

“law stakeholders and leading family law practitioners”,

but at the bottom of the same page it says,

“rules on divorce etc…and parental responsibility legal aid will require relevant businesses, charities and voluntary bodies to familiarise themselves and adjust their administrative arrangements to deal with the new rules.”

The Government themselves recognise that the regulations will have a huge impact on many bodies that people are incredibly reliant upon.

[Mr Goodwill]

I understand the hon. Lady’s point on consultation. However, the Government are surely trying to maintain the current situation. Governments consult when changing things, but the Government are currently endeavouring to ensure that, following Brexit—whether with a deal or without a deal—people can maintain their rights and maintain the same opportunities to bring cases, whether on child maintenance or divorce.

[Mhairi Black]

I fully appreciate the right hon. Gentleman’s point, and I have to say that, in essence, I agree. It is the job of Government to try to think of things that will actually work. However, with the greatest of respect, the Government have had the last two years to organise all this. To be doing it at the last minute, without providing enough information, is not good enough. The attitude is almost, “This will have to do,” because we are near the deadline. I find it hard to see how the Government can assure us that the statutory instruments will have a positive impact, when their one reason is that there will be workable rules. That is like saying, “Och, at least we have something.” I am really unimpressed with what has been provided. It is certainly not enough to change my mind at this moment in time.

With the greatest of respect, the Government are not exactly renowned for their transparency or for keeping their opinion the same on everything. With that in mind, the draft instruments do nothing to inspire me with confidence. They are not good enough and they are not adequate to fill the gap, so I will have to vote against them.

Draft Civil Legal Aid (Amendment) (EU Exit) Regulations 2019

Robert Goodwill Excerpts

Tuesday 22nd January 2019 General Committees

[Lucy Frazer]

The best way to protect the citizens whom the hon. Lady talks about is to ensure that we have a deal. The Prime Minister’s deal will allow us an implementation period to negotiate the very points that the hon. Lady identifies. One of those points is an agreement in relation to families, on which we would be able to get a reciprocal arrangement in future.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Does my hon. Friend share my surprise that the shadow Minister, the hon. Member for Bolton South East, did not vote for that deal, especially given that 58.3% of people in Bolton voted to leave the European Union? The only way that we can guarantee that it will happen is to get the deal over the line.

[Lucy Frazer]

That is a very good point. I am sure hon. Members would like to continue discussing the very important SI before us, but I will commend it to the Committee.

Question put.

Draft Crime and Courts Act 2013 (Commencement No. 18) Order 2018

Robert Goodwill Excerpts

Wednesday 25th April 2018 General Committees

[The Minister of State, Ministry of Justice (Rory Stewart)]

I beg to move,

That the Committee has considered the draft Crime and Courts Act 2013 (Commencement No. 18) Order 2018.

It is a great pleasure to serve under your chairmanship, Mr Robertson. The order is essentially about the ability to move from a pilot phase to the real use of what we call a stand-alone location monitoring requirement. That is a pompous term for being able, through an electronic tag, to monitor where someone is. The device that we are talking about is a little like a Fitbit. It would follow, through satellites and occasionally through mobile telephone masts, someone’s location—in the same way as when someone is using a TomTom or Google Maps on their phone and their position can be located.

The process begins with the Criminal Justice Act 2003, which was brought in by the last Labour Government and introduced the idea of being able to use electronic monitoring as a mandatory requirement for two conditions: a curfew—in other words, the ability of a judge to say that someone must be in their home for up to 16 hours out of 24—or an exclusion zone, by which I mean the ability of a judge to say, “You can’t go into this area.” Let us say that it is a domestic abuse case. Someone has assaulted their partner, and the device is to be used to put an exclusion zone around their partner.

Under the 2003 Act, however, this requirement could be imposed by the judge only if the technology was available, and until recently the technology was quite challenging. The technology existed to impose a curfew, because it would be possible to have a radio frequency from someone’s tag to a device in their home, and that would tell a control centre when they left their home. However, the technology did not allow an exclusion zone, because when someone went a long way from their home, their device was no longer communicating with the radio transmitter inside their house.

Since then, technology has moved on. As we have seen with our Fitbits and phones, it is now possible to have good communication with a satellite and a mobile telephone in order to know where someone is, meaning that some of the things that the Labour Government introduced in the 2003 Act suddenly become possible.

This commencement order relates to the next development, which was in the Crime and Courts Act 2013; that is what we are hoping to commence today. The provision allows the judge, in passing a community sentence, to put in a stand-alone location monitoring requirement. The judge can say, “One of the requirements that I am going to impose on the individual is this.” It will often be so that the person is not sent to jail. The judge can say, “I’m not going to send this individual to jail. I’m going to say that they can remain in their home. I am passing a community sentence, but as part of that community sentence, we need to know where the individual is going to be”—for a set period of the sentence. It is not indefinite, but for the set period of that sentence.

This provision is helpful because it allows the probation officer to have a more mature conversation with the offender about whether they are complying with the requirements. Let us say that the probation officer was dealing with someone in a domestic abuse case who had a serious alcohol problem. It could give the officer the information that the person had been visiting alcohol shops or gambling shops, and that would enable the officer to have a sophisticated conversation with the person. They could talk about that behaviour and what could be done to deal with it.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

In large sections of my constituency, there is no mobile phone signal. That includes, incidentally, my own house. What is the situation where an offender disappears from the radar because of the lack of a signal?

[Rory Stewart]

That is a very good challenge. The answer is that the core of the signal is going to come from a satellite, so with any kind of exposure to the sky, it should be possible to get a signal. The mobile telephone mast is a back-up to the satellite. However, what we are discussing is not designed for super-high-risk offenders. It is to provide information to the probation officer—not in real time, but so that they can review it over a week. It is not designed, in a science fiction sense, to be able to notice the second that someone goes off the map. It allows the probation officer to get the pattern of someone’s movements over time, and then to have a grown-up conversation with them about what they have been doing and how they have been behaving. We can therefore tolerate a small amount of risk at the moment that the signal is lost between a satellite and a mobile telephone.

We are very conscious of the fact that this decision must be made by a judge, and that it must be made lawfully, in accordance with article 8 on the right to private life. The conditions in which a judge would seriously consider whether such a decision was appropriate are those when it would prevent public disorder or protect the public from crime.

What are the changes that we think it will bring? First, it will allow that conversation with the probation officer. Secondly, we already have anecdotal information from the pilots that we have run with Sadiq Khan in London that it can begin to change the behaviour of an offender. Their awareness of having a GPS tag on them can lead to their being less likely to reoffend. Although we need to collect more evidence on that, it may ultimately protect the public.

If it is successful, as they have discovered it is in Demark, in lower-risk cases it would allow us to divert from prison those people who are perhaps better dealt with through a community sentence. That would lead to many of the great benefits of rehabilitation that people can get from being with their family and community, in therapy or in a job, while the public continue to know where they are. I commend the statutory instrument to the House.