Oral Answers to Questions

Stephen McPartland Excerpts

Tuesday 14th January 2020 Commons Chamber

[The Minister of State, Ministry of Justice (Lucy Frazer)]

I welcome this morning’s report from the inspectorate of probation. Its publication is timely, given the changes that we are making to create a more unified probation service. That transition has already taken place in Wales.

Having read the report, I am pleased to note that it says that leadership is good throughout the service. Of course we need to recruit more probation officers, and we are doing that—800 officers who are currently being trained will come on board imminently—but we also recognise that as we recruit more police officers, we need to recruit more prison and probation officers as well, and we are taking steps to do so.

[Stephen McPartland (Stevenage) (Con)]

T4. I am delighted that Finn’s law has received Royal Assent, but can the Minister update us on when the Animal Welfare (Sentencing) Bill, also known as Finn’s law part 2, will return to the House?

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I thank my hon. Friend for his tireless campaigning on animal welfare. I am, of course, delighted that Finn’s law reached the statute book last year, and increasing the maximum sentence for animal cruelty from six months to five years is a manifesto commitment which we intend to deliver as quickly as possible. It builds on the fact that—I am proud to say—this country has among the world’s best animal welfare provisions, including a tough ivory ban, CCTV in slaughterhouses, and a ban on the commercial third-party sale of puppies and kittens.

Oral Answers to Questions

Stephen McPartland Excerpts

Tuesday 8th October 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Wendy Morton)]

I fully understand where the hon. Gentleman is coming from. It is fundamental to our legal and justice system that everyone has the right to a fair trial. None the less, it is important that we give our utmost support for bereaved families. I am determined to do all that I can to ensure that bereaved families are at the heart of the coronial process, and we are working across the Government to achieve this.

[Stephen McPartland (Stevenage) (Con)]

To reduce reoffending we need to improve ex-offenders’ employment prospects. What incentives can the Minister offer employers to take on people who have recently left prison?

[The Minister of State, Ministry of Justice (Lucy Frazer)]

My hon. Friend has done some work in this area as a former trustee of a charity that seeks to rehabilitate ex-offenders. He raises a very important point. The new futures network, which we recently set up, and to which 500 employers have now signed up, seeks to ensure that ex-offenders are rehabilitated into jobs in the community.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

Stephen McPartland Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Monday 11th March 2019 Commons Chamber

[Zac Goldsmith]

My hon. Friend is absolutely right. I believe that the average age is five, which implies that girls are subjected to FGM at a very, very young age. FGM is a practice that has absolutely no basis in medicine.

[Stephen McPartland (Stevenage) (Con)]

FGM is completely shocking, and it is not something I knew anything about until it was raised up the political spectrum a couple of years ago. The House recently talked about sex and relationships education. Will FGM be a central part of that so that people in this country are educated about what is actually happening?

[Zac Goldsmith]

My hon. Friend raises an important point. Had we been having this debate two weeks ago, I would have said that I hope so. There have been subsequent announcements—I think we had an announcement from the Department for Education on the day the Bill was in Committee—that that is exactly what will happen, with education being introduced at the appropriate level so that children, both boys and girls, know that FGM is a practice we should not tolerate.

Oral Answers to Questions

Stephen McPartland Excerpts

Tuesday 24th April 2018 Commons Chamber

[Lucy Frazer]

As I mentioned, once the judges are appointed, they act independently of their country, so if we respect the judgments and the integrity of the other judges who are there already, we should be satisfied that we will get justice.

[Stephen McPartland (Stevenage) (Con)]

8. What recent discussions he has had with Cabinet colleagues on the potential merits of creating a specific offence of attacking service animals.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

My hon. Friend, along with my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) and the right hon. Member for Delyn (David Hanson), are campaigning strongly and tirelessly on this issue; I was very pleased to meet them on 17 April. I am not aware of any specific conversations that the Secretary of State has had with his Cabinet colleagues, but the Government are sympathetic to the intention behind the Bill, although we believe that the offence is already caught by other legislation.

[Stephen McPartland]

Police dog Finn from my constituency was stabbed in his stomach with a 10-inch blade. When the offender tried to stab his handler, police dog Finn jumped up and took another stab wound to his head to save the handler. If the handler had not been given a little scratch to his hand, the offender could not have been sent to prison, because the current legislation does not work. The Service Animals (Offences) Bill, which is promoted by my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), has its Second Reading this Friday. I am grateful to the Minister for the meeting that she had with me, but will she support the Bill on Friday because it can make progress only with Government support?

[Lucy Frazer]

I am aware of the case and I was very pleased to discuss it. Police dog Finn did a remarkable thing, and I know that he has been recognised for his work. The Government are looking at the issue.

--- Later in debate ---

[Mr Gauke]

On parliamentary time, my understanding is that we are waiting for information from the Labour party. On the substance of the issue, let us remember that reforms to the AGFS were worked out with the Bar Council and the Criminal Bar Association. The reforms are necessary to ensure that legal aid funds are distributed in an appropriate way, and that is why the reforms are being made.

[Stephen McPartland (Stevenage) (Con)]

T3. In the spirit of your advice, Mr Speaker, can the Secretary of State confirm whether or not the Ministry of Justice will object to the Second Reading of the Service Animals (Offences) Bill on Friday?

[Mr Gauke]

As the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer) pointed out, the Department for Environment, Food and Rural Affairs leads on this matter. The Government continue to look at this issue.

Oral Answers to Questions

Stephen McPartland Excerpts

Tuesday 6th March 2018 Commons Chamber

[Mr Gauke]

As the Attorney General has said, disclosure in cases is a question of public authorities performing the roles that they should and doing their jobs properly. Clearly, it is of great concern that there have been cases in which that appears not to have happened.

[Stephen McPartland (Stevenage) (Con)]

13. What discussions he has had with Cabinet colleagues on the potential merits of creating a specific offence of attacking service animals.

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

I would like to express, as I am sure would the whole House, our immense gratitude for the role that service animals play and have played for a long time in public life. They frequently do things that humans would not do, ranging from detection of bombs and drugs to taking on violent criminals. There are serious aggravating circumstances that a judge can take into account when sentencing, and serious sentences can be given to anyone attacking a service animal—that is absolutely right.

[Stephen McPartland]

Police dog Finn was brutally stabbed several times in my constituency while apprehending a violent criminal. The current law treats police dog Finn, a canine hero, like a piece of computer equipment—the charge is criminal damage. This is unacceptable. My right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) is leading a campaign to introduce Finn’s law. Will the Minister agree to meet me and my right hon. and learned Friend, so that we can provide greater protection for our service animals in the course of their duty?

[Rory Stewart]

I pay tribute to my hon. Friend and others for the very active campaign that they are leading. I would of course be delighted to meet them to discuss that law.

Knife Crime (Sentencing)

Stephen McPartland Excerpts

Wednesday 4th May 2016 Westminster Hall

[Will Quince (Colchester) (Con)]

I beg to move,

That this House has considered sentencing for knife crime.

It is a great pleasure to serve under your chairmanship, Mr Davies. I thank the Under-Secretary of State for Justice, my hon. Friend the Member for Esher and Walton (Mr Raab), for being here to respond on behalf of the Government.

In this House we are all deeply concerned about rising levels of knife crime. When I was elected in May last year, I pledged to my constituents that I would do all I could to address the scourge of knife crime. Why? Because Colchester has seen too many young lives destroyed by crimes involving weapons. Many in this House will be aware of the tragic murders of James Attfield and Nahid Almanea, both of whom lost their life far too early. Two weeks ago an individual was convicted of their murders, and he has been sentenced to 27 years.

Too many people, particularly our young people, still find it acceptable to carry blades and knives. They wrongly believe that doing so will keep them safe, but let us be clear that carrying a knife does not keep people safe; it is illegal and it puts them and others in grave danger.

[Stephen McPartland (Stevenage) (Con)]

I am grateful to my hon. Friend for securing such an important debate. Does he agree that education is a huge part of addressing the knife crime problem? Many young people consider themselves to be safe when carrying a knife. I am the chairman of the all-party child and youth crime group, and we have done work demonstrating that a lot of the knives are taken off those children and used against them.

[Will Quince]

My hon. Friend is right that education plays a key role, and I will return to that later in my speech. We have to get the message out loud and clear that, statistically, people are far more likely to be the victim of a knife crime if they are carrying a knife themselves.

What is troubling about the case involving James Attfield and Nahid Almanea is not just that the perpetrator was only 15 at the time of the murders but that, on 26 March 2014, he was in court being given a youth referral order for criminal damage and robbery at knifepoint. Seventy-two hours later, he stabbed James Attfield 102 times. Three months later, he brutally murdered Nahid Almanea with a knife.

I understand that, under our legal system, judges decide the appropriate action in each case, taking into account a number of different factors, including the facts of the case, the age of the offender, the maximum penalty and any sentencing guidelines.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

May I say at the outset that it is a great honour to serve, I think for the first time, under your chairmanship, Mr Davies? I know you take a very close interest in these matters.

I congratulate my hon. Friend the Member for Colchester (Will Quince) on securing this vital debate. I also note with interest the thoughtful interventions made by other hon. Friends. I think I can safely say that we collectively share a desire to stamp out the scourge of knife crime.

I am particularly privileged to be able to respond to this debate. I should say at the outset that the Government are committed to keeping our streets safe from knives, which includes sending a simple, uncluttered and clear message: if someone carries a knife, they are more likely than ever to get a custodial sentence.

Unlawful possession of a knife or offensive weapon is a serious crime, which carries a maximum four-year custodial sentence. If someone is harmed, there are a range of existing offences against the person, including—as my hon. Friends will be aware—wounding or causing grievous bodily harm, which reflect the seriousness of the behaviour and the harm that is caused. The maximum sentence available for grievous bodily harm with intent is up to life imprisonment, and the use of a weapon is an aggravating factor in sentencing. I note that 87% of people convicted of this offence receive a prison term and the average length of that term has risen by more than a third since 2010.

Within that sentencing framework, it is for judges and magistrates to decide the proper sentence in individual cases, and they must take full account of the harm to the victim and the culpability of the offender. As politicians, we may sometimes be tempted to try to second-guess judges or do their job, but we have to respect judicial independence in sentencing on the specific facts of the individual case before the court.

At the same time, it is quite right, and not inconsistent, to say that we must also address victims’ concerns and fears, and the concerns and fears of the wider public. In December 2012, we introduced new offences of threatening someone with a knife in a public place or a school and causing an immediate risk of physical harm, which carry a minimum custodial sentence. Under the Criminal Justice and Courts Act 2015, we banned the use of cautions for offenders convicted of serious offences, including those who carry knives. Consequently, more people face the full force of the law.

[Stephen McPartland]

In the sentencing guidelines that the Minister quite rightly referred to, is there anything that allows judges to take into account whether or not the individuals concerned are members of a gang?

[Mr Raab]

I need to check the specific guidelines, but I think there is enough latitude for the courts to address that issue and take into account any involvement in a gang, and the particular characteristics of that gang, in relation to the sentencing framework. Of course, whether the courts place the right weight on that factor is difficult to say; as politicians, we can sit here and second-guess individual cases. However, I do not think there is any question but that judges have the power to consider all the facts of a case.

To continue with the measures the Government have taken, in July 2015 we commenced the provisions introducing a minimum custodial sentence for anyone aged 16 or over who is convicted of a second or further knife possession offence—that issue was raised earlier. I pay tribute to the tenacity shown by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) and Nick de Bois, the previous Member for Enfield North, in securing that change to the legislation.

That is the law, but often the real question is: how well is it being enforced? The latest figures show that an immediate custodial sentence is now the most common disposal for knife possession, compared with 2010, when most offenders could reasonably expect to receive a community sentence. In the fourth quarter of 2015, 31% of all offenders convicted of knife possession offences received an immediate custodial sentence, compared with 23% back in 2010.

The latest figures also show that 38% of adults were given an immediate custodial sentence, which is an increase of six percentage points from a year ago and an increase of 11 percentage points since recording began in 2008. Over the same period of seven years, the use of adult cautions for this offence has more than halved. Sentencing for young offenders has also become more consistently robust—that point was rightly raised earlier.

In the fourth quarter of 2015, 10% of young offenders received an immediate custodial sentence for possession of a knife, compared with 6% in the same quarter of 2007. The average length of custodial sentence for possessing a knife has also increased. In the latest figures, the average length was 7.7 months, an increase of almost two months on the same quarter in 2008. More people are being sent to prison, and for longer, for carrying a knife, which reflects the changes this Government have made.

Oral Answers to Questions

Stephen McPartland Excerpts

Tuesday 26th January 2016 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

6. What steps his Department is taking to improve prisons’ engagement with employers; and if he will make a statement.

[Stephen McPartland (Stevenage) (Con)]

11. What steps his Department is taking to improve prisons’ engagement with employers; and if he will make a statement.

[Stephen Hammond (Wimbledon) (Con)]

13. What steps his Department is taking to improve prisons’ engagement with employers; and if he will make a statement.

--- Later in debate ---

[Andrew Selous]

I thank my hon. Friend very much for his interest in this important area and am delighted to praise the work of Cleansheet and so many other organisations that try to get prisoners into work. A number of companies—Timpson, Halfords, the Clink restaurants, the Census Data Group, Aramark and many others I could mention—are rising to the challenge. We want many more to join them.

[Stephen McPartland]

Does the Minister agree that providing work—and the right sort of work—is the real key to an effective rehabilitation process for prisoners?

Criminal Justice and Courts Bill

Stephen McPartland Excerpts

Tuesday 17th June 2014 Commons Chamber

[Angie Bray (Ealing Central and Acton) (Con)]

I support this Bill. It contains important measures, including tougher sentences for terrorist offences, an end to automatic early release for paedophiles and terrorists, a reduction in the use of cautions, and streamlining of certain court procedures. I fully support the clampdown on the handing out of cautions for serious and repeat offenders. I congratulate my hon. Friend the Member for Enfield North (Nick de Bois) on his excellent and successful new clause on knife crime. We need to send out the clear message that repeat knife crime will not be tolerated.

[Stephen McPartland (Stevenage) (Con)]

Hertfordshire is a very safe place to live—one of the safest in the country. However, just over a week ago in my constituency, an argument got out of control and resulted in two people stabbing one another, so knife crime is a problem. If we do not stop the scourge of people carrying knives, we will not be able to stop people using them.

[Angie Bray]

I agree that the issue is about sending a message that carrying knives is not acceptable, so education will be a part of it and the deterrent effect will be a part of that.

I want to speak briefly to clause 19 in part 1, largely because it started life as a new clause that I tabled in Committee. To my delight, it was accepted by Ministers at that stage, with welcome support from both sides of the Committee. The clause proposes a small but potentially highly significant change to the Malicious Communications Act 1988, making offences under it either-way rather than summary-only offences. In short, it will allow magistrates to refer certain malicious communication offences—the most egregious, at least—up to the Crown court for tougher sentencing.

The other crucial aspect of the change is that the six-month time limit on bringing a case to court will be dropped, leaving more time to investigate where necessary. I hope and believe that one of the key effects will be to provide for much tougher penalties for the worst cases of cyber-bullying and, consequently, that there will be much more of a deterrent.

My interest in pursuing this matter was first aroused by a visit to my Ealing surgery by constituents whose daughter had been the victim of appalling sex texting by a neighbour. The girl was 14 at the time and he was in his 40s. They were desperately disappointed, because even though the man admitted to the texts, the Crown Prosecution Service was unable to identify an offence that the courts could accept. He eventually walked free from the Crown court and any chance of prosecution under the Malicious Communications Act had gone because of the six-month time limit.

That appalling situation was unacceptable—there must be many more like it—and it needed a legal remedy. After taking advice from numerous colleagues with a legal background, including the Attorney-General, whom I thank for his time, the local police and the National Society for the Prevention of Cruelty to Children, I saw this small but important change shaped and accepted by my right hon. Friend the Justice Secretary and his ministerial team. I thank Ministers for their ready support for the measure and I am delighted that it was incorporated into the Bill with the support of all those who served on the Committee. The family who came to see me are so pleased, and I hope much good can come from it.

Oral Answers to Questions

Stephen McPartland Excerpts

Tuesday 8th October 2013 Commons Chamber

[Damian Green]

I am happy to reassure the hon. Lady that the good work that was conducted by my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), who has moved on to pastures new, will be continued. As the Under-Secretary of State, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), said in answer to a previous question, if hon. Members can be patient for a few weeks, they will learn more about the prison estate.

[Stephen McPartland (Stevenage) (Con)]

12. What progress he has made on rehabilitating young offenders.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Better rehabilitation of young offenders is a priority for the Government, and I will make a further announcement about our plans in the very near future.

[Stephen McPartland]

I am a patron of Trailblazers, a national charity that mentors young offenders. Will the Secretary of State confirm that offenders on the youth estate aged between 18 and 21 will be transferred to resettlement prisons three months before the end of their sentence, as is the current plan for adult offenders, and will he visit Trailblazers with me?

[Chris Grayling]

I am happy to visit my hon. Friend, his constituency and the charity concerned. I can confirm that it is our intention that almost all prisoners will be released from resettlement prisons, so that we can provide a proper through the gate service.

--- Later in debate ---

[Chris Grayling]

We are looking very carefully at the whole issue of the women’s estate, and I very much recognise the issue to which the hon. Lady refers. It is obviously difficult not to imprison somebody guilty of a serious crime, but at the same time I believe we need to do everything we can to move women in detention closer to home and closer to family. When we announce our plans for the women’s estate in due course, I hope she will see we have taken that factor heavily into account.

[Stephen McPartland (Stevenage) (Con)]

T3. I am chair of the all-party group on child and youth crime, and although crime is falling, too many of our young people are being sucked into a life of crime, and too many are becoming involved in, or victims of, violence. What does the Secretary of State plan to do to stop this cycle of abuse?

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

My hon. Friend is right. He will recognise there are two encouraging statistics and one depressing one in this context. The two encouraging statistics are the number of young people coming into the criminal justice system in the first place and the number of those who are incarcerated, but he is right: the one that is depressing is the rate of reoffending, which is over 70%. We need to take a look not just at rehabilitation more broadly, as he knows we are doing, but specifically at the youth custodial estate. He will hear, in very short order I hope, what we plan to do to reform that.

Football Referees

Stephen McPartland Excerpts

Tuesday 4th June 2013 Commons Chamber

[Chris Heaton-Harris]

I am sure that that would help at the highest level of the game, but at my level I am lucky to have two club linesmen, let alone a fourth official. I hear where the hon. Gentleman is coming from, but I do not think they would necessarily help in this particular situation. There is no goal-line technology in Northamptonshire Combination football league games as of yet.

We deal with challenging situations by using common sense, people management skills and the odd yellow or red card. In most cases, while the teams and their supporters might not like some decisions, everyone just gets on with the game. Sometimes they do not, however. Recorded assaults on referees are thankfully few and far between. The number of physical contacts against officials has fallen quite dramatically by 21% since 2010-11, from 618 cases to 528, but that is still 10 physical assaults on football referees in England and Wales each week.

[Stephen McPartland (Stevenage) (Con)]

Does my hon. Friend agree that the number of recorded assaults on referees has decreased because it is often difficult for referees to have those assaults taken seriously by the authorities?

[Chris Heaton-Harris]

Yes, that is absolutely the case, and it is something I intend to come to later, so I thank my hon. Friend for his point.

In fact, over the past year, the number of cautions has fallen: all cautions fell 10%; dissent cautions fell 13%; dismissals fell 13%; and in general all misconduct on the football pitch fell 9%. Some put this gradual improvement down to the Football Association’s respect agenda, and I would tend to agree, but whatever the reason, it is obviously to be welcomed. I still find it astonishing, however, that in the last year for which full records are available 528 referees—more than 10 a week—were assaulted during a match.

Obviously, in these cases, the Referees Association and the FA step in, the first helping the assaulted and the county FA offering some punishment post-disciplinary hearing. There were concerns that county FAs were being too lenient in the punishments handed out, so several changes were made to the appeals process. Now anyone, not just the person subject to the violation, can appeal a decision and ask the FA to review the case. For the police to take action, referees must report incidents to the police themselves. The FA recommends that they do this but cannot intervene or compel an official to do so. If criminal action is taken in a case of assault or physical contact on a referee, the player in question is automatically suspended pending the outcome of the case.

The purpose of this debate is singular: to ask the Minister for his help. Referees up and down the country are becoming more and more concerned that neither the police nor the Crown Prosecution Service is following through with the investigation of assaults, believing that footballing sanctions—bans for a certain period—are enough of a punishment. It would be fantastic, therefore, if he could help. The FA could do with improved feedback from the courts.