(7 months, 4 weeks ago)
Public Bill CommitteesThe hon. Member raises an important point. That is why amendment 23 specifically includes a duty to consult victims and their family members on the use of the power. We heard evidence, which I had anticipated, that some victims and their families will not want to see the offender. That is why the judge should consult them and, if that is their clear and settled view, take that into account when making the decision. The point is well made, and that is why our amendment takes that issue into account.
I have spoken directly to several people involved in these types of cases. I mentioned Ayse Hussein from Justice for Victims. She was absolutely clear that even if exercising the power in the amendment meant someone disrupting proceedings and creating a spectacle, as the hon. Member for South Devon described, she would want to see it happen, and there will be many other people who feel the same way. For those who do not, there is no pressure for it to happen. That is why we have said that the judge should speak to people about the power before using it, for the important reasons that the hon. Member gave.
I return to the point that I fear that we will end up worse off because we will have told the public, “We can get these people into court,” but actually the worst offenders will just not come or resist. That is why we need to increase the level of force and ensure that they cannot just make a noise to get out of the whole process. The people on whole-life orders, for example, are some of the worst offenders, who we most want to see in court. They are the ones who would be least bothered by the sanctions, and they would just make a noise in order to not have to be in court.
If we overcome that first hurdle, as a result of our amendments on the use of force, and get offenders into the dock, we also need the power to ensure that they cannot just scream or shout their way out of it. I have to say that I was genuinely shocked by Labour Members’ questioning on this measure during the evidence sessions. Restraint of people through force is practised in a wide variety of settings by a wide variety of people on a regular basis. I have no doubt whatsoever that the practice can be extended to our courts.
As much as I respect the training and expertise of aeroplane crews, I do not consider them to be uniquely qualified in the ability to restrain people in a chair. I urge Members to reflect on any initial resistance that they may have to this measure. Do they sincerely think that what aeroplane crews can achieve up in the air is not achievable in a courtroom? Common sense tells us that this measure is eminently achievable. I was pleased to hear evidence from a senior police officer and a senior staff member of His Majesty’s Prison and Probation Service—and, indeed, to hear the Minister herself accept—that it is possible in principle. I am confident that the majority of the British public will agree with us, and I wonder how Members who choose to vote against the measure will explain that action to their constituents.
I will deal briefly with how someone might be gagged —that is to say, silenced—by giving a simple example. I only need to do so briefly, because it really is a very simple matter. In August 2018, a US judge, John Russo, asked for a robber, Frank Williams, to be silenced after he refused to be silent and continued to disrupt the court’s proceedings despite being issued with 12 warnings. Based on their questioning during our evidence sessions, I know that Members struggle to conceive of how that might be done, so I will alleviate their concerns and tell them how it was done: they just placed some tape over his mouth. The US legal system is quite clear about the legal right for an offender to be restrained and gagged. Members can, should they wish, look up the relevant rulings in the US judicial system.
I am struggling to see how a piece of tape can silence somebody. Somebody with respiratory conditions, or whatever, might even suffocate as a result. Has the hon. Gentleman considered the medical reasons for not gagging somebody?
Absolutely, and it would be for the judge to decide in all circumstances whether it is appropriate. I will be happy after this sitting to send the footage from that case, and the evidence of someone successfully being gagged by having tape placed over their mouth. This is really simple stuff that is being done in other parts of the world and I do not understand why Members find it so difficult to understand.
(7 months, 4 weeks ago)
Public Bill Committees
Sally Jameson (Doncaster Central) (Lab/Co-op)
Q
I want to come back to the point about compelling attendance at sentencing hearings. The Government’s Bill states that a relevant officer may,
“for the purpose of delivering the offender to the courtroom, use reasonable force, if necessary and proportionate.”
That is in relation to the existing use of force policy framework and the relevant Prison Service orders that apply to it. Do you agree that, when you look at the use of force framework, the words “necessary”, “proportionate” and “reasonable” relate to the whole spectrum of use of force, from the very lowest level, such as a guiding hold, right to the top level, and therefore the word “restraint” in the amendment tabled by the official Opposition does not detail what existing restraint would be used that is not already covered in the current policy framework?
My second question is this. I have never heard or seen gagging in any Prison Service policy, so from your operational experience, what implement would you suggest would be used for gagging and how would it be applied?
Chris Jennings: In reverse order, that is well beyond my area of expertise, because, as you rightly identify, that is not something that is in use in the service at the moment. Perhaps, in some unfortunate hostage situations, other prisoners may deploy such techniques, but not our staff, so I am not qualified to offer a perspective on what sort of equipment may or may not be appropriate.
On your first question, again, I am not an expert on use of force—I have not done the jobs you have done to get to the role I am in now—but I think that the description you gave of the policy is accurate. That way that you described it is what it means at every level; that would be my interpretation.
Q
Chris Jennings: I was the director in Wales for four and a half years, until 18 months ago, so I know working in Wales quite well. It is one of the better staffed areas, despite colleagues’ perspectives to you being right; there will be some carrying heavy workloads, I am sure. The distinction is between the probation officer caseload and what we ask VLOs to do. They are not the same thing. As Kim described, they are ringfenced activities. There is obviously communication between the two sets of staff, but they are not the same thing.
The overall probation caseload in some areas is definitely something that we are more worried about, but not as it pertains particularly to the VLOs. That is why we are perhaps reasonably upbeat about it. It is not one of the areas that we are under most pressure on, so I think we will be able to absorb it. There will be some national things, such as the helpline and ensuring that we resource that on a national basis. My national team have a key role to play in providing the training, support and guidance to VLOs out there.
Switching my hat back to my other day job, operationally, between me and my regional probation directors, we will have to ensure that we are paying full attention to implementing the Bill well, given how crucial it is to confidence in the justice system and making sure that we are providing the support that victims deserve. I do feel confident about our ability to do that.
Kim Thornden-Edwards: I certainly endorse that. Again, it is about the discrete element of the victim liaison officers. In terms of general staffing, I absolutely acknowledge what you are saying. The Lord Chancellor has acknowledged that there are capacity issues in the Probation Service, and workloads are currently too high. We have a comprehensive plan to mitigate that. Part of that is around growth. The Lord Chancellor announced £700 million of additional funds for probation by the end of the spending review period, so we will be able to look at growth with that funding.
We are also looking at ways to improve our processes and use of technology. Those are things that our probation staff on the frontline are saying to us are real hindrances to their ability to do the best job every day, which they absolutely want to do. They are time hoovers, too. The time that staff want to spend with people on probation and on licence, to protect the public and effect the changes that we need to see in their behaviour, is being eaten up by bad tech and poor processes. Alongside growth, there is absolutely a commitment to make those changes as we go forward.
The Chair
Thank you very much indeed. What you have said will be very useful in the Committee’s deliberations.
Examination of Witness
Alex Davies-Jones gave evidence.
(1 year, 1 month ago)
Commons ChamberThat important action taken by the previous Government was, quite correctly, supported by Labour in opposition. When anybody is found guilty of flying a detected drone, the appropriate prosecution will follow.
The Welsh Affairs Committee recently visited Parc Prison in Wales, where we saw the types of contraband being smuggled into prisons by drones. One of the biggest problems reported to us was multiple drones coming in at the same time; it is difficult for the security team to then bring them down, even though they are using CCTV. What is the Minister doing to outlaw the use of those drones, to keep our prisoners safe and secure?
The security and safety of prisoners and prison officers is very important. The Prisons Minister and the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), sitting to my right, recently visited Parc Prison, and are well aware of the issues. They are working with the prison authorities to address them.
(1 year, 2 months ago)
Commons ChamberIt is an honour and a privilege to speak in the debate and to follow so many hon. Members who have made such powerful contributions. I thank my hon. Friend the Member for Spen Valley (Kim Leadbeater)—no longer in her place—for all her work on the Bill; colleagues from across the House who have worked together so collegiately; my constituents who have written to me in their hundreds; and the experts who shared their views with us.
Everybody in the Chamber wants a good death, but at the moment palliative care across the UK is chronically underfunded, mostly paid for with money raised by charities and a postcode lottery. I pay tribute to all the hospices that are working around the clock and doing an amazing job on very stringent budgets, especially St David’s Hospice and the Hospice of the Valleys, which do amazing work. However, we have to remember that although we are talking about people with very powerful stories—some of whom are here today—we legislate for all, and that means ensuring that our legislation is safe and future-proofed.
I have concerns about the Bill on issues such as presuming consent. My worry is that if the door is opened with this Bill, it will then be widened, as it has been in places such as the Netherlands, Belgium and Canada. These things will happen.
More than 65 private Member’s Bills were passed in the last Parliament. Not one of them had more than one sitting in Committee, where the average length of debate was 35 minutes; and just over a quarter had any amendments made to them at all. My hon. Friend the hon. Member for Spen Valley has said that she is willing to extend it, which I welcome; I will be pressing her on that to ensure it is safe. If the House votes to carry the Bill forward—I will be voting against it—scrutiny will be crucial at all points of its passage.
We have talked about terminal illness today, but intractable pain is something that people live with every day. That is another issue. In my 30 years as a physiotherapist, I have seen good deaths and bad deaths. We all want to ensure that we get the best for our constituents, so we need to ensure that end of life care is sorted. This has been a good debate, because we have talked—I have certainly talked to my family. My lovely mum of 89, who is disabled, housebound and widowed, said, “It’s all very well talking about assisted dying, but we need to talk about assisted living as well, because that is most important.” Quality of life is crucial here.
We need to ensure that we are here to legislate for all, which is why I will vote against the Bill today. I am grateful for the opportunity to explain.
(1 year, 6 months ago)
Commons ChamberI thank the right hon. Member—that is a very compelling bit of lobbying from her. May I offer to meet with her, so that we can discuss this issue in person?
I welcome the Secretary of State and her team to their places. Can the Secretary of State comment on what was reported in The Guardian earlier this week? Apparently, the former director general for propriety and ethics wrote to the previous Prime Minister telling him that a failure to act on the prison crisis would bring the criminal justice system to a point of “critical failure”. Does she agree that, if this is true, that is an enormous dereliction of duty by the Conservatives?
I thank my hon. Friend. I did read those reports in The Guardian. Of course, none of us has had sight of any of those papers. If those reports are true, it is very worrying indeed. As I said in my opening remarks, I did not use the phrase “the guilty men” lightly when I spoke about the crisis we have inherited and the change we are being forced to make. I believe it was a serious dereliction of duty by the previous Government. I could hardly believe the state of the prison system that I inherited, and I think we have been forced to make the changes that we have because of that failure.