Criminal Justice and Courts Bill

John Bercow Excerpts

Monday 12th May 2014 Commons Chamber

[Philip Davies (Shipley) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 31—Tagged curfew on remand not to count towards time served—

‘(1) The Criminal Justice Act 2003 is amended as follows.

(2) In subsection (1B)(c) of section 237, leave out “or section 240A”.

(3) In the italic heading before section 240, after “custody”, leave out “or on bail subject to certain types of condition”.

(4) Leave out section 240A.’.

New clause 37—Open prisons: deportees—

‘No prisoner serving a sentence for which he is liable for deportation can be moved to a Category D prison.’.

New clause 38—Resettlement licence: deportees—

‘No prisoner serving a sentence for which he is liable for deportation can be eligible for resettlement licence.’.

New clause 39—Open prisons: murderers—

‘No prisoner serving a sentence for murder can be moved to a Category D prison.’.

New clause 40—Resettlement licence: murderers—

‘No prisoner serving a sentence for murder can be eligible for resettlement licence.’.

New clause 41—Open prisons: serious offenders—

‘No prisoner serving a sentence for an indictable only offence can be moved to a Category D prison.’.

New clause 42—Open prisons: victims—

‘No prisoner serving a life sentence can be moved to a Category D prison before the views of the victim or the victim’s family have been sought and considered by the Secretary of State for Justice.’.

New clause 2—Meeting a child following sexual grooming etc.—

‘(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”, substitute “one”.’.

At present, someone is only considered to be committing an offence if they contact the child twice and arrange to meet them or travel to meet them with the intention of committing a sexual offence. This new Clause would mean that the perpetrator would only have to make contact once.

New clause 3—Offence of abduction of child by other persons—

‘(1) The Child Abduction Act 1984 is amended as follows.

(2) In section 2(1) (offence of abduction of child by other person) for “sixteen”, substitute “eighteen”.’.

At present, there is a disparity between the ages that children must be to be considered to be abducted depending on whether they are in the care system or not. This new Clause would rectify this disparity and set a consistent age of under 18.

New clause 15—Aggravated offences against members of the armed forces—

‘(1) Part 12 (Sentencing) of the Criminal Justice Act 2003, is amended as follows.

(2) At the end of section 146, insert—

“147 Increase in sentences for aggravation related to membership of the Armed Forces

(1) This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).

(2) Those circumstances are—

(a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being a former or serving member (or presumed former or serving member) of the armed forces or army reserve; and

(b) that the offence is motivated (wholly or partly) by hostility towards persons who are former or serving members of the armed forces.

(3) The court—

(a) must treat the fact that the offence was committed in any of those circumstances as an aggravating factor; and

(b) must state in open court that the offence was committed in such circumstances.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(5) In this section “armed forces” means Royal Navy, Army and Royal Air Force, both regular and reserve.’.

Amendment 20, in clause 18, page 17, line 29, leave out from ‘portrays’ to end of line 42 and insert

‘sexual activity which involves real or apparent lack of consent or any form of physical restraint which prevents participants from indicating a withdrawal of consent’.

[Philip Davies]

New clause 29 stands in my name and that of my hon. Friend the Member for Bury North (Mr Nuttall). I appreciate that with this group of amendments time is of the essence, so I will try to be as snappy as possible. I usually try to accommodate interventions, but I hope that Members will be mindful of the fact that there are amendments in the group that have been tabled by others. In the interests of time, and in order to allow everyone a fair lick of the sauce bottle, I will try to refrain from speaking to the amendments that do not stand in my name, even though there are things that I would like to say about them if time allowed.

New clause 29 would reverse the changes made in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in relation to those who are eligible to be recalled to prison for just 28 days for breaching their licence. The Criminal Justice and Immigration Act 2008 amended the Criminal Justice Act 2003 to enable fixed-term recalls in the first place—one of the many shameful things done in the law and order field by the previous Labour Government. However, the 2012 Act further amended the 2003 Act to extend the use of fixed-term recalls to previously denied prisoners. That is another example of the previous Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), being even more lax on law and order issues than the previous Labour Government. Many of us might have thought that that would be rather hard to achieve, but he managed it in that particular field.

Most people believe that when someone is let out of prison early, whether it be halfway through their sentence, a quarter of the way through on home detention curfew, or at some other point before they should be let out, if they reoffend during that time or breach their licence conditions, they should go back to prison to serve the rest of their original sentence—at the very least; one might even argue for sending them to prison for longer. Unfortunately, this is not only not always the case; it is often not the case, or may even never be the case at all.

--- Later in debate ---

[John McDonnell]

On a point of order, Mr Speaker. I am sure the Minister does not wish to mislead the House about the processes of this House. I would like absolute clarity. I am a Back-Bench Member dealing with this part of the Bill on day one, which is considering this part the Bill. On the basis of the programme motion, this part of the Bill will not come back for consideration on day two, so this is my last opportunity to consider the matter unless the other place amends the Bill on this point. I will not have the opportunity to take part in a debate informed by the publication of these rules. Is that accurate, Mr Speaker?

[Mr Speaker]

The hon. Gentleman has described the procedure accurately. What he has said is not something from which I wish to dissent. I cannot rule on it, but what he has said is procedurally correct.

[Jeremy Wright]

I make two points to the hon. Gentleman. First, if he looks carefully at the programme motion—I am sure he understands this very well—he will see that there will be a Third Reading debate at the end of the second day on Report. He will have the opportunity to raise something then. Secondly, it really would not matter what the secure college rules say, would it? The hon. Gentleman has made his position crystal clear. He thinks this is a capitalist conspiracy to privatise youth justice. He is not interested in the details of secure colleges at all; he is interested only in what he perceives to be the political animus here. If he will allow me to do so, I will come on to the detail that he says he wants to discuss. Let us discuss it.

Amendments 13, 14 and 15 relate to secure children’s homes and the placement of under-15s and girls in secure colleges, an issue of perfectly legitimate concern that was raised in Committee. Let me set out the Government’s position. There was much debate in Committee, and again here on amendment 13, on secure children’s homes. We accept that secure colleges will not be appropriate for 10 and 11-year-olds remanded or sentenced to custody. We have also made it clear, in our response to the “Transforming Youth Justice” consultation, that there are likely to be some detained young people who will continue to require specialist separate accommodation on the grounds of their acute needs or vulnerability.

The Bill provides for secure colleges. It does not seek to make any changes to the existing legislative provision relating to secure children’s homes. Local authorities, rather than the Secretary of State, provide secure children’s homes. We think it is right that they retain that responsibility. The nine new Youth Justice Board contracts and the increased use of welfare places demonstrate that there is currently high demand for secure children’s home provision. Quite properly, the Secretary of State and the YJB exercise their various powers to provide and commission secure accommodation for young people remanded or sentenced to custody in such a way that suitable accommodation is available for those young people. That includes commissioning places in secure children’s homes as appropriate. I have made it clear before that that will continue.

There was also detailed discussion in Committee of whether girls and under-15s will be accommodated in secure colleges. Amendments 14 and 15 would prevent the placement of any young person under 15, and any girl, in secure colleges. Let me point out again that I recognise concerns that accommodating a large number of boys and only a small number of girls could, if the risks are not properly managed, place those girls at risk. That was very much the point made by the hon. Member for Stretford and Urmston (Kate Green). I also recognise that girls in custody often have a range of complex needs and that it will be important that the secure colleges meet those needs. I am afraid that I do not have time to go into the detail she raised, but I will write to her if I can. The one question I can answer immediately relates to care for young mothers. There is currently a mother and baby unit at the Rainsbrook secure training centre. If that is not to continue, we must make provision elsewhere.

My hon. Friend the Member for St Austell and Newquay (Stephen Gilbert) and others suggested that it might be daunting for children as young as 12 to be in the same secure establishments as 17-year-olds, although such age groups rub shoulders in mainstream secondary education and, indeed, in some of the other establishments that we have discussed. I am confident that those risks can be managed in secure colleges, and I want young girls and younger children to have access to the facilities and opportunities that will be provided in them. Having said that, I should make it clear that no final decisions have been made on who will be accommodated in the pathfinder secure college. Such decisions will be taken later in the development of the pathfinder, and in the light of careful analysis of the needs of the youth custodial population and the implications for the different groups who may be accommodated.

Amendment 11 makes an important point about the use of force. I recognise that the issues of good order and discipline and how they are maintained are at the heart of the amendment. There was considerable debate about those issues in Committee. I sought to reassure Members then, and I am happy to try to do so again now.

The duties of custody officers include maintaining good order and discipline, but the provisions in the Bill will not by themselves allow them to use force for that purpose. That will not be possible unless specific provision is made in the secure college rules, in which the boundaries on the use of force should be set out. I repeat that we intend to consult on our approach to secure college rules.

I entirely understand that the term “good order and discipline” could be considered too broad in this context. Let me try to explain exactly what we have in mind. This is not about using force for the purpose of discipline as a form of punishment, or simply to make a young person follow an instruction. We have always made it clear that force must not be used merely to secure compliance with an order. We believe that, as a last resort, in the limited circumstances in which all attempts to resolve the situation without resorting to force have failed, and in which a young person’s behaviour is having an impact on his or her own safety and welfare or that of others, some force—subject to strict conditions and safeguards—may be necessary. Force may be used as part of securing good order and discipline only when there are clear risks to the maintaining of a safe and stable environment for young people, and when its use is a necessary and proportionate response in order to protect the welfare of the individual or that of others. I hope that that explanation is helpful. As I have said, further debate will doubtless take place when Members have seen the secure college rules.

I am grateful to those who tabled amendments relating to health and education. I shall not have time to discuss them in detail, but Members may wish to read the Hansard report of the Committee stage, when we debated precisely these matters. NHS England will have a duty to assess the needs of young people in a secure college to determine which services should be provided. NHS England applies the Intercollegiate Healthcare Standards for Children and Young People in Secure Settings, which were developed by the royal medical colleges and published last year.

The qualifications of teachers have been mentioned. It is, of course, important for properly qualified individuals to provide many services in secure colleges, but in some cases engaging and effective education may be delivered by individuals without a teaching qualification. I believe that the experience and aptitude of staff who work with this challenging cohort are more important than the qualifications that they may have. I should also remind Members that secure colleges will be inspected by Ofsted.

A key point has been made about special educational needs. I apologise to my hon. Friend the Member for South Swindon (Mr Buckland) for the fact that I shall not have a chance to discuss it with him in detail, but it was raised in Committee, and I assure him that a great deal of further thought will be given to how those needs can be met.

Amendments 5 and 6 are required as a consequence of the agreement in Committee to extend the secure college provisions of the Bill to Wales. We have liaised closely with the Welsh Government on our plans for secure colleges, and they have confirmed to us that they are content for the amendments to be made.

Amendments 3 and 4 to clause 63 are technical amendments to correct the territorial extent of the provisions on contracting out. I hope they will cause the House no difficulty.

Question put, That the amendment be made.