Romanian and Bulgarian Accession

Susan Elan Jones Excerpts
Wednesday 27th November 2013

(10 years, 7 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Theresa May Portrait Mrs May
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My right hon. Friend has made an extremely important point. We will do all that we can to ensure that people are aware of the rules that will operate—including, obviously, those who will put the rules into practice—so that everyone recognises the actions that the coalition Government are taking. The right hon. Gentleman referred specifically to councils. In my response to the urgent question, I mentioned the new guidance that will be issued by the Secretary of State for Communities and Local Government concerning the residency in the community test for access to social housing. We will ensure that those who need to know what action we are taking are given a full picture of what the Government are doing to address an issue that is of concern to them.

Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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Can the Home Secretary tell us whether there will be larger fines for breaches of the national minimum wage legislation, and can she confirm that those arrangements will be in place by 1 January next year?

Theresa May Portrait Mrs May
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We will increase the maximum fine for breaches of the national minimum wage regulations, which will require parliamentary legislation.

Anti-Social Behaviour, Crime and Policing Bill

Susan Elan Jones Excerpts
Monday 10th June 2013

(11 years, 1 month ago)

Commons Chamber
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Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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It is a pleasure to follow the powerful speeches of my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) and the hon. Member for North East Cambridgeshire (Stephen Barclay).

The shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), described the Bill as a Christmas tree Bill. In keeping with the theme of Christmas, let me start on a positive note and address one of the Bill’s good features—clause 134 on the new protection arrangements for persons at risk. The Serious Organised Crime and Police Act 2005 states that specific groups of people, such as witnesses and jurors, are protected if their safety is at risk from criminal conduct. The Bill extends that further to anyone whose safety may be at risk from another person’s possible or actual criminal conduct, meaning family members and others who will have close contact with that person. That is an extremely valuable addition.

I am rather more concerned about other aspects of the Bill. The Home Secretary dismissed ASBOs a little too readily. She spoke of how they became a “badge of honour” to some people. I suspect that in three years’ time, we may be sitting here deliberating how CBOs and CPIs have become badges of honour in certain quarters. To me, that is not the point. The point is that ASBOs worked successfully in many areas. It was only the breach of them that was a criminal offence. That made them very powerful. They were not and should not have been the only tool.

With the criminal behaviour order and the crime prevention injunction, I am concerned that the police and local authorities must pay to pursue civil proceedings against the person. I worry that in these straitened times the incentives may not be there to go ahead with the orders and injunctions in circumstances where the police or local authorities would otherwise have been required to do so.

There are long and large debates to be had about CCTV, but we are living on planet Zog if we do not recognise its importance in detecting crime around the country. If CCTV is not used by the police and local authorities, we will see the proliferation of its use privately, which is surely not something that we want. I am concerned that under the Bill it be more costly and difficult for the police and local authorities to have CCTV.

Thirdly, the shadow Home Secretary was right when she spoke about community resolution, restorative justice and domestic violence. Although there are many instances of community resolution and restorative justice being very powerful, we do not want the danger of a situation in which victims of domestic violence are coerced into a settlement being put in place, because time and again that is not what happens. I urge the Government to consider that.

My right hon. Friend the Member for Leicester East (Keith Vaz) spoke of a register for police and crime commissioners. That is a very good idea, especially if it means that my police and crime commissioner registers the fact that he is a Liberal Democrat, which he seemed to forget to put on the ballot paper.

More seriously, the point that the shadow Home Secretary made about firearms was absolutely right. Although the proposals in the Bill are welcome, the Home Secretary needs to do more to stop people with a history of domestic violence owning a gun. I hope that the Government consider carefully who should have a gun licence. I say that as somebody who comes from a rural constituency and who met two game shooters on Friday night and got on to this subject. Responsible gun ownership in rural areas is totally different from firearms crime. We must have zero tolerance of it and the law must be much stricter about the possibility of people with a history of domestic violence owning a gun.

Finally, I turn to the horrific subject of forced marriage. The new criminal offences in the Bill are welcome. As someone who thankfully has not encountered this issue through my casework and has only read about it, I fear that one of the great problems is that we are dealing with non-equal relationships and vulnerability. The work of community groups, support networks and third-sector groups is crucial. I worry about how justice is to be obtained. Somebody who has been put in what must be one of the most horrific situations will hardly just pick up the phone, dial 999 and say, “I’m sorry, I have a problem. I’m in a forced marriage.” Justice in this area will not come cheap. I fear the effect of the cuts to women’s refuges, legal aid and especially legal aid practitioners of particular ethnic and cultural backgrounds in whom people are more likely to confide.

Will the staff who deal with those issues be back or front-office staff? At first, one thinks that they would have to be front-office staff. However, I asked that very question of the Home Office. I asked

“whether operators who respond to 999 emergency calls and 101 non-emergency calls to the police are classified as front-line or back-office.”

I was told by the Minister for Policing and Criminal Justice:

“As such, some of the activities involved in call handling and control room functions are considered to be ‘front-line’”

but that

“Some call handling and control room functions are considered in HMIC’s report as public facing ‘middle office’ roles.”—[Official Report, 29 October 2012; Vol. 552, c. 72W.]

If we are not talking specifically about front-line police, I worry that the police who deal with people who are reporting forced marriages may be extremely vulnerable to cuts.

This is a Christmas tree of a Bill; a Christmas tree of suggestions. I hope, especially on the issue of gun ownership and domestic violence, that the Minister will respond.

Home Affairs

Susan Elan Jones Excerpts
Thursday 9th May 2013

(11 years, 2 months ago)

Commons Chamber
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Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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I am most grateful to you, Mr Deputy Speaker, for calling me to speak in this important Queen’s Speech debate. It is also a great pleasure to follow the eloquent and thoughtful contribution of my hon. Friend the Member for West Dunbartonshire (Gemma Doyle).

I begin by welcoming some things in the Queen’s Speech. First, I welcome the inclusion of Bills for High Speed 2. I fully support the project which cannot come a day too soon, because faster and better infrastructural links to Birmingham, to the north-west and, ultimately, to Crewe, with proper connections to various regions, will bring great benefits for businesses, tourists and other travellers to and from my north-east Wales constituency. I welcome those Bills and I only hope that the project moves on as speedily as possible, because it is absolutely vital.

Secondly, I welcome the carry-over of the Marriage (Same Sex Couples) Bill. It will be a very proud moment indeed for this House and for this country when it is on the statute book.

Thirdly, I welcome the Anti-social Behaviour, Crime and Policing Bill, but I would welcome it even more if budgets such as that for North Wales police were not facing cuts of 20% and antisocial behaviour orders were not being scrapped. I welcome the inclusion in the Bill of gun-related laws, but I hope that the Home Secretary and her team will consider carefully the points about gun ownership and those with a history of domestic violence that were made earlier by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper). We only have to see what has happened in America and the power of the National Rifle Association there to know what the power of the gun lobby can be like, and we in this country also need to be vigilant about it.

I welcome the chance to discuss immigration in this House. Indeed, as some Members have said, it has happened at fairly regular intervals and I do not believe it is an issue we should be frightened of. We should discuss it in a sensible and constructive way. If there is a debate more widely in the country, it would be foolish for us not to follow and listen and respond thoughtfully to the points that are made and to deal with them in legislation.

There are some serious issues and omissions that the Government need to address. Why is more not being done to tackle the use of foreign labour to undercut local workers? As residents of Black Park and Chirk in my constituency told me at the last election, how can it be right that some jobs are advertised only in eastern European languages for agency workers and offer only the worst possible terms of employment? The constituents who ask those questions, and others like them, are absolutely right to do so.

Also, what are we to make of the fact that there have been no prosecutions for breaches of the national minimum wage in the past two years when a recent King’s college study found that between 150,000 and 250,000 workers in the care sector alone are being paid below the national minimum wage? Is it any wonder that many people in this country are angry when such abuses go unpunished? Why can we not extend the Gangmasters Licensing Authority to other sectors?

On immigration, it is beyond belief that the Government are considering the measures that they have announced. I remember that two or three years ago we were told that a national register for landlords would be impossible. It would be too bureaucratic and difficult for the landlords, and would add red tape to the work that they already did, yet now we are told that landlords are expected to be almost the main body policing the system of immigration by identifying illegal tenants. It is nonsense that on the one hand the Government can say it is too bureaucratic to do that, and on the other they can pass the buck straight on to landlords.

There are some issues that never made it into the Queen’s Speech. Plain packaging for cigarettes is one; a lobbying Bill is another. Dare I say that I suspect the two are rather intimately connected? My party would have brought in a new jobs guarantee Bill. It is a pity that none of these will make it on to the statute book, as all would have been a credit to this House and would have brought long-term social and economic benefits.

Finally, I turn to another matter that I would like to have seen in this Queen’s Speech, one that I know has great support across the political spectrum and has been raised in various guises in this House by various Members, including me on numerous occasions. I refer to death or serious injury on the roads caused by uninsured, unlicensed or careless drivers. In last year’s debate on the Queen Speech, I welcomed the aspects of the Crime and Courts Bill that brought into effect new provisions on drugs and driving. It is in the spirit of welcoming this change that I call on the Government to be bolder on the issue.

I have raised in the House before the case of Robert James Gaunt. Robert was a nine-year-old boy who was tragically killed in March 2009 while crossing the road in the village of Overton in my constituency by a driver with no licence or insurance, who failed to stop. He was a driver who did not report the accident and, even worse, who attempted to cover up his crime by re-spraying his car. For ending the life of this innocent young boy, the driver incurred a pitiful sentence of 22 months. That was at the very limit of what was possible under the law for that offence. When 1,300 people signed the Justice for Robert petition to back longer sentences for this crime, I promised to stand up for Robert’s memory on their behalf and I will continue to raise the issue here in the House.

I hope the Government will therefore support my ten-minute rule Bill that comes to the House this summer. It will call for the Government to undertake a review of the maximum penalties for driving offences that lead to death or serious injury, for I believe that this measure and any like it that speak up for road safety cannot come a day too soon, and I trust that Ministers will listen sympathetically to my request on this vital issue.

Crime and Courts Bill [Lords]

Susan Elan Jones Excerpts
Wednesday 13th March 2013

(11 years, 4 months ago)

Commons Chamber
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David Burrowes Portrait Mr Burrowes
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I remember briefing my hon. Friend on many occasions. He was a great advocate in courts in Enfield and Haringey, and he continues that advocacy in the House. He has made an important point. There is a parallel between dealing with drink-driving cases and dealing with, for example, cases of criminal damage. Where there is a succession of criminal damage cases, later cases can receive a higher penalty and can be committed to the Crown court; indeed, there are categories of criminal damage that attract a higher penalty and the attention of the Crown court. The Government should look at whether that principle, which is already in statute, should be applied to drink-drive cases that have the most serious consequences.

We have already crossed the Rubicon in terms of culpability and consequences in death by careless driving and dangerous driving. We have recognised that there needs to be a particular way of dealing with penalties that is aligned to the consequences, rather than looking at culpability alone. My amendments seek to take that a stage further.

My hon. Friend the Member for Croydon Central (Gavin Barwell) would be here in the Chamber supporting me if he were not in a Committee. He has fought a valiant and successful campaign as a result of the tragic case of one of his constituents who died as a result of someone driving carelessly. The issue of impairment must be dealt with properly and that will now happen. He and I share the concern that the new offence of drug-driving needs to address the issue of fatalities, which was where the campaign that led to the new offence began. It would therefore be ironic if we were left with a Bill that does not deal with cases where dangerous driving cannot be proved independently but people who are plainly under the influence of drugs or drink have killed someone, and they can—perhaps through the hard work in years gone by of my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) and myself as defence solicitors and barristers—get to the point where there is a lesser plea of drink-drive with a six-month penalty.

Sadly, that has already happened. We have heard that 27 people were tried and nil were convicted on this charge. I am concerned that in those cases there was a plea bargain to the lesser charge of drink-drive.

The explanatory notes to the Bill make another important point. It is stated about schedule 18:

Paragraph 2 amends section 3A of the 1988 Act so that if the person had a controlled drug in the blood or urine in excess of the specified limit for that drug, the person could be charged with the more serious offence in that section of causing death by careless driving when under the influence of drink or drugs.”

I was proud to serve on the Bill Committee, and I sought clarity from the Minister about this point, which had been raised in correspondence with the Department for Transport and the Ministry of Justice dating back to March 2012 and in the campaign I mentioned earlier that sought a higher penalty in cases where it was not possible to prove careless driving. Unfortunately, now, a year after that correspondence began, we are in the final throes of the passage of the Bill.

This point has been made not just by me; this was not just a hobby-horse of mine—it is not about me wanting to make a point and send out a press release. It was made by Chief Superintendent David Snelling, who was an excellent commander of the Met traffic division, and it also came to the fore as a result of the campaigning efforts of my constituents, the Galli-Atkinson family, who lost their daughter as a result of dangerous driving and who saw a gap involving fatalities in drink and drug cases that are not prosecuted as they should be, so we do not end up with the sentences that the dead victims and their families deserve. They make their point based on the practical reality of cases that actually arise, and that is also the basis of my amendments.

The gap is in hit-and-run cases where a driver who is over the limit on drink or drugs crashes into another car or a pedestrian and kills, and then leaves the scene. In situations where fatalities occur, such cases are not infrequent, as—it will not surprise Members to learn—many people who know they are over the limit will do their best to evade prosecution, so they will leave the scene. They get hunted down and arrested, and when they are found to be over the limit the prosecution begins and the investigation continues. A prosecution for a failure to stop carries a limited penalty that does not reflect the gravity of the situation, and I have previously sought amendments to extend the penalties in that regard.

The prosecutor is left with the option of prosecuting for death by careless driving, but the problem is that there is no witness. In these cases, often the only witness is dead; there is nobody left. The steps are then traced back and the scene is marked out. The marks on the road might allow people to come up with a prosecution that shows that careless driving took place, because there are signs of speed, swerving, braking and so on. But it may well be that none of that is available, as perhaps it was a wet day and very little could be shown. Little corroborative evidence may be available beyond the fact that the person has died because of that vehicle and that driver, and all we have left is the fact that the driver was over the limit.

Sadly, all the prosecutor can perhaps do is prosecute for driving with excess alcohol or driving over the prescribed limit for drugs, which carries a maximum sentence of six months. Clearly that is not acceptable, given the gravity of the situation. Over the years, Parliament has recognised that where a death occurs as a result of driving it needs to be dealt with, and quite properly so. So that sets out the gap I am seeking to fill through my proposals.

The issue is whether there can be independent proof of careless driving and whether that must be sought out. In Committee, I asked the Minister what he thought of the situation and asked him for clarification. I said:

“I want it to be made clear…that it will not be necessary for the prosecutor to independently prove careless driving as the standard of driving, and that the effect is that someone’s being over the prescribed limit for drugs or alcohol will be sufficient for the prosecutor to be able to make the decision to charge them with a serious offence.”

He replied:

“My understanding is that it will not be necessary. I hope that I have clarified the point.”––[Official Report, Crime and Courts Public Bill Committee, 7 February 2013; c. 394-95.]

I would settle for that and move on. Indeed, I would probably have a press release saying, “I welcome the fact that the Minister has recognised that drivers who are over the limit and kill will get a higher penalty, which amounts to a maximum 14 years.” I would rest easy that the campaign has been successful, the victim’s voice has been heard, and the chief superintendent and police on the ground have recognised that gap and say, ”That is good. That has been dealt with.”

However, I then received correspondence from the Under-Secretary of State for Transport, my hon. Friend the Member for Lewes (Norman Baker), in what we might term “Yes Minister” language, saying that there “may be confusion”. That is what has led me to table new clause 18 and amendment 120. It was clear in the Bill Committee that we would have confusion, so today the Minister has an opportunity to be brave and to fill the gaps that I have had a go at filling through a couple of options.

One option, new clause 18, would make drink-driving or driving over the prescribed drug limit an either-way offence—one capable of being committed to the Crown court and then attracting a maximum sentence of two years. The other option is amendment 120, whereby those on licence, disqualified drivers and uninsured drivers who kill in this way will face a heavy penalty of two years. That simply adds to the list in respect of drink-driving.

I have to put my lawyer’s hat on, because I appreciate that people may have concerns about new clause 18 opening up all drink-driving cases to a Crown court trial; I recognise the expense and the vagaries of jury trials, and that that is not wholly satisfactory in itself. I am perhaps being generous in how I am presenting new clause 18 and it perhaps needs to be refined. Perhaps it should be simply specified in relation to fatalities. My hon. Friend the Member for Gillingham and Rainham suggests making specific provision about repeat drink-driving offenders. There is certainly a role for making only those high-end cases liable for a committal to Crown court, in a similar way to what happens in the criminal damages cases I referred to earlier.

Another way around that would be to deal with magistrates’ maximum sentencing powers. Perhaps the Government will respond to the calls from the Magistrates Association to extend their powers to a maximum of two years. Youth courts have a two-year custodial sentence power, so perhaps we should have equity for adult courts. That would be much more cost-effective and would avoid cases all going to the Crown court and we lawyers being paid more up there—although we must appreciate the legal aid restrictions in that regard. The issue could then be dealt with in a magistrates court in a proportionate manner. That option is also open to the Government.

I recognise that there are reservations about amendment 120. As a lawyer, I am not keen on extending strict liability cases too readily and the amendment would certainly effectively extend a strict liability scenario to drink and drug-driving-related cases. Nevertheless, my amendment is clean cut. It does not extend the powers of the Crown court to all drink-driving cases but relates specifically to fatalities. It deals with the issues that have motivated my amendments and merely adds to the list of offences. Members of the public might ask what the difference is: if someone takes the risk of driving while uninsured, disqualified or without a licence, they are pretty careless to do that and should accept the consequences, and the same applies to those who are over the prescribed limits. My amendment would retain the statutory defence for drink-drive cases and would therefore have less of a strict liability nature.

The Government need to fill the gap. I am trying my best to do that and have provided two options. There might be more and I have no doubt that the Minister can tell us about any others. I look forward to seeing how the Government will do it as this is a real problem that should not be ignored. The fact that there were 220 deaths in a year but only 27 people were charged with causing death by dangerous driving while impaired in the same period makes the point very clearly. Large numbers of impaired drivers who kill are, for one reason or another, avoiding prosecution for the more serious offence and are probably ending up being charged with the lesser drink-drive offence.

In conclusion, I spoke to Ministers before tabling the amendments. I welcome the commitment from Transport Ministers that if I can provide evidence that proving carelessness is problematic, the Department will review the case for amending legislation. The statistics I have given are evidence and I put the burden of proof on the Government. I ask them to review the issue and seek to prove the point. We are very much in the end game on this Bill. Some might say we should have done that earlier to avoid getting into such a situation, but I urge the Government to recognise that we have a problem and to fix it. I look forward to hearing from the Minister.

Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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It is a great pleasure to contribute, albeit briefly, to the debate. It is also a great pleasure to follow the hon. Member for Enfield, Southgate (Mr Burrowes), who made an extremely powerful case about the complexities of the situation. At the heart of the matter is the fact that, as we all know, people kill other people on the roads yet seem to receive remarkably light sentences. His points about people abusing drugs and alcohol before going on to kill someone were powerful.

There was a case in my constituency that was not drug or alcohol-related but demonstrated an anomaly. Many other people are trying find a solution to this, and I shall introduce a ten-minute rule Bill on the subject later in the spring, but today, in the light of what the hon. Gentleman said, I want to ask the Minister a couple of questions.

Child Sexual Exploitation

Susan Elan Jones Excerpts
Tuesday 13th November 2012

(11 years, 8 months ago)

Commons Chamber
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Ann Clwyd Portrait Ann Clwyd
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I thank the hon. Gentleman for his intervention, although I am not as certain as he is that he can make such a categorical statement. I think there is a lot going on in this country still which we need to get to the bottom of.

The Jillings report paints an alarming picture of a system in which physical and sexual violence were common, from beatings and bullying to indecent assault and rape. Some staff linked to abuse may have been allowed to resign or retire early. The insurers suggested that the chair of the council’s social services committee—Malcolm King, a brave whistleblower—should be sacked if he spoke out, writing:

“Draconian as it may seem, you may have to consider with the elected members whether they wish to remove him from office if he insists on having the freedom to speak.”

Despite such obstructions, the panel stuck to its brief to investigate child care in Clwyd in the wake of a number of allegations and court cases involving carers. Most of the allegations covered the period 1980 to 1988, and a four-year police inquiry saw 2,600 statements taken and 300 cases sent to the Crown Prosecution Service. Eventually, eight men were charged and six convicted.

A key issue in north Wales continues to be whether there was a paedophile ring at work. One internal Clwyd council report from the time—like Jillings, unpublished—said:

“There remain worrying current instances of conviction and prosecution for sexual offences of persons who are known to have worked together in child care establishments both in the county and… other parts of the north-west”.

The report continued:

“These suggest, that abuse could have been happening unabated for many years and, that there could be operating a league or ring of paedophiles who help one another find sources and situations where abuse can be perpetrated and the addiction fed.”

Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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I am most grateful to my right hon. Friend for all that she has done to highlight the historical instances of child sex abuse in care homes in north Wales. Does she agree that one of the most chilling features of what happened is the institutional nature of the crime? Those crimes were not right, even in the 1970s and 1980s; it is not just that society has changed. They involved out-and-out exploitation by people who thought that their victims were weaker than themselves. That is one of the things that makes what happened in the north Wales care homes so shocking.

Ann Clwyd Portrait Ann Clwyd
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I thank my hon. Friend for that intervention.

There were allegations, too, of abusers outside the care system. The report goes on to state:

“There were numerous claims and suggestions that senior public figures including the police and political figures might have been involved in the abuse of young people”.

I feel strongly about this matter because children from my constituency of Cynon Valley, in south Wales, were taken to that care home in north Wales, a long way from their families and friends. I put a notice in my local paper, and six young men answered the advert. This was before the Waterhouse inquiry was set up. I took detailed statements from the four of them who said that they were ready to talk to me. I took a long time to interview them individually, and I found the allegations that they made, and the descriptions of their experiences, totally emotionally draining. If I felt that, it is impossible to imagine what they must have felt.

All those young men have been damaged in some way. Their experience affected their future relationships with people. Some of them got into trouble with the law. Of the many young men who gave evidence to Jillings, to the police or to the Waterhouse inquiry, a shocking number have committed suicide, have self-harmed or have been killed in mysterious circumstances. That is one of the many reasons why we need an overarching inquiry. It could be a royal commission, as has been suggested, but whatever happens, we need an overarching inquiry; we do not want any more piecemeal inquiries.

One good thing that came out of Waterhouse was that the Welsh Assembly quickly appointed a Children’s Commissioner for Wales. In the past week, 36 people have contacted the commissioner’s office, of whom 22 have spoken of the abuse that they suffered at Bryn Estyn in Wrexham and at the network of homes connected to it. The other 14 have spoken of historical abuse in other settings.

Child Abuse Allegations (North Wales)

Susan Elan Jones Excerpts
Tuesday 6th November 2012

(11 years, 8 months ago)

Commons Chamber
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Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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I am grateful to the Home Secretary for coming to the House to make the statement and to my right hon. Friend the shadow Home Secretary for calling for a single overarching inquiry, as I believe there will be a great deal of support for that in north Wales, as well as in other places.

Most of us cannot even begin to imagine the pain that many victims of this dreadful abuse will be going through today. They will be watching and reliving some of their experiences, which, in many cases, may have been buried for decades. The hon. Member for Pudsey (Stuart Andrew), a former Wrexham councillor, raised this point eloquently. My concern is that many people would like to go to the police to say what happened to them but they fear that the perpetrators are much more powerful than they are. They want to know that we will be on their side. If any Member of the House of Lords were found to be guilty and to be a perpetrator, would the Government support stripping them of their peerage and taking them out of the House of Lords for life?

Theresa May Portrait Mrs May
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Obviously, what would happen to any individual who was found to be a perpetrator following any potential criminal prosecution is a matter that would need to be determined at the time. I think that the whole House shares a view on the valid point that the hon. Lady makes about those who fear that they will not be heard; we in this House have responsibility, authority and power, and we should make sure that the message that goes out from us clearly today is that victims will be heard. If someone has been a victim and has allegations to make, I ask them please to bring them forward and take them to the police. The purpose of the investigation is to ensure that we follow all avenues of inquiry, and that victims can see that their voice is heard, that they are listened to and that, where possible, perpetrators are brought to justice.

Home Affairs and Justice

Susan Elan Jones Excerpts
Thursday 10th May 2012

(12 years, 2 months ago)

Commons Chamber
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Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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I shall do my best to follow your wise counsel, Mr Deputy Speaker. Thank you for calling me to speak in this important debate.

It is a great pleasure to follow the hon. Member for Harrow East (Bob Blackman). I confess that I did not agree with everything that he said, but I did agree with some of it. Especially interesting was his point about specialist police units. Many of those units do not qualify as front-line policing. That must be borne in mind when we debate police resourcing in this country. I will say a bit more on that later.

In debates such as this, it is easy to cover a whole kaleidoscope of issues, as many hon. Members have done today. I do not propose to do that in my speech, in the hope that if I speak primarily on one issue, Ministers might be more likely to listen to what I have to say. I hope so. The issue I have chosen to focus on is driving offences. I believe it correct to prosecute drink-driving vigorously. There is nothing clever, macho or in any way sophisticated in being over the limit for drink-driving. I greatly welcome the change in social attitudes that has taken place on this issue in recent years.

I believe that it is right, too, to have a proper punishment for people who drive while under the influence of drugs. I very much welcome the fact that this will be made a specific offence under the Crime and Courts Bill. I do not believe that there are any currently reliable statistics on how many people have been killed by drug-drivers, but there is one thing that we all know too well—that being drugged at the wheel and putting other people’s lives at risk is totally unacceptable and demands the toughest penalties possible. I hope that the introduction of this specialist offence will not only make our roads safer, but will bring home the message that people who are high on substances on our roads are not just a nuisance—they are criminals.

In the spirit of welcoming this change, I call on the Government to be bolder in this area. One way of doing so is by tightening up on other driving offences that also cause enormous suffering and harm. Chief among these, I think, is the menace of driving without a licence or without insurance.

Last year, I spoke in another debate in this place about the case of nine-year-old Robert James Gaunt. Robert was tragically killed in March 2009 while crossing the road in the village of Overton in my constituency. I do not know whether Members know where Overton is, but it is a beautiful rural village fairly near the English border. This young boy was killed by a driver who had no licence or insurance, who failed to stop and who did not report the incident. In fact, what is even worse, this driver even tried to cover up the crime by having his car re-sprayed.

In this Chamber, we do not play guessing games, so I will not break that convention by playing one today and I will not ask hon. Members to guess the length of that driver’s sentence. The answer will, I think, shock many people—it was a pathetic 22 months, which was at the very top end of the scale of what was possible. If that driver could have been charged with death by dangerous driving, the maximum sentence would have been 14 years. However, under the law as it stands, being uninsured and unlicensed is not enough to qualify as dangerous. I repeat: if someone takes to the roads with no licence and no insurance, kills a child and flees the scene, that does not qualify as dangerous driving. That is quite simply preposterous and it must change. [Interruption.]

The “Justice for Robert” petition to back longer sentences for that crime was signed by 1,300 people. [Interruption.] I agree with them totally, and it is on their behalf and on behalf of other people affected by this appalling crime that I call on the Government to go further in this area and change the law. [Interruption.]

Mark Hendrick Portrait Mark Hendrick
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On a point of order, Mr Deputy Speaker. Is it in order for the two Ministers on the Government Front Bench to be chatting, laughing and joking between them while one of my hon. Friends is discussing serious cases where people have been killed on our roads?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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That is not a point of order, but I am sure that the Ministers were listening. Who knows, they might even have been discussing the case. We should not make judgments about others; otherwise we would end up with such points going around the Chamber. I am sure that everyone takes seriously the views of Members of all parties when they are speaking.

Susan Elan Jones Portrait Susan Elan Jones
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I would like to deal now with the issue of what is legally defined as “dangerous driving”—that is, where a court of law can prove that the driving was extremely negligent, not just bad or careless. Sentences here, too, can also be very short in cases where victims are seriously injured, even to the extent of being paralysed, but not actually killed. The maximum sentence for that crime is also two years, and of course most people are given much shorter sentences. I believe that the current average is about 11 months. Eleven months for wrecking someone’s life through reckless criminal actions? There seems to be to be very little justice in that. Sentences for assault are longer, even when the act is not premeditated. Why should a sentence be so short when the injury was caused by a car rather than a weapon? I sincerely urge the Government to consider tightening the law in that regard. I commend their introduction of new drug-driving laws, but I believe that they must be followed by proper laws to deal with other serious driving crimes. That is what my constituents want, and I hope that the Government will include such measures in their Bill.

I have done all that I can in my speech to be positive about a change in the law that I greatly welcome, for, as we know, it matters precious little whether someone is Labour, Tory, Liberal Democrat or a non-voter if that person is mown down by a vehicle steered by someone who is high on drugs. In welcoming that change, however, I must raise a question about the implementation of the policy, and especially about how it will affect areas such as mine in north Wales which are geographically spread out. Laws on paper mean nothing if there are unmanageable cuts involving the people who are needed to enforce them. Our north Wales police force faces 20% budget cuts, which means that by 2015 it will have to lose 179 front-line officers—the very people who will be needed to carry out roadside drug tests.

The cuts will also affect so-called “back-room” officers and other staff. They are not people who are drafted in to make cups of coffee or count paper clips; they are people working in forensics and labs, the very people who will be needed to analyse and process the “drugalyser” results which will be vital to gaining convictions. Without those people, the Government’s own excellent new law is likely to fail in its day-to-day implementation.

Whatever the differences between Members’ ideological and political viewpoints, I believe that Ministers are sincere when they tell us that they believe in localism. I offer a challenge to the Government. If they are prepared to offer referendums to people on whether they want mayors, why on earth are police and crime commissioners being foisted on us whether we want them or not? There have been various estimates of the cost of introducing them, including an estimate of £136 million over 10 years, and it is likely that elected officials overseeing forces in England and Wales outside London will be paid hefty salaries. Given that police forces face cuts of between 14% and 20%, how in heaven’s name does that policy make sense? No wonder Mr Rob Garnham, chairman of the Association of Police Authorities and himself a Conservative councillor, described it as the

“wrong policy at the wrong time”.

I have no doubt that the Government’s new and welcome policy on drug-driving will not be helped one jot by cuts in the number of trained police officers while police commissioners are foisted on us whether we want them or not.

Let me end by making three points. First, let me praise the Government for rightly introducing a new law on drug-driving; secondly, let me request them to consider introducing tougher laws on other driving offences; and thirdly, let me ask them to remember the words of one previous Conservative Prime Minister—I am sure that I need not remind them who it was—who famously said:

“Give us the tools, and we will finish the job.”

Today, as we have seen outside and heard in the House, our policemen and policewomen also need the tools and the resources, so that they can get on with their unique and essential task of tackling crime.

Oral Answers to Questions

Susan Elan Jones Excerpts
Monday 24th January 2011

(13 years, 6 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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I strongly agree with my hon. Friend about the importance of keeping rural policing services. In the end, these are matters for the determination of chief constables, who must remain operationally independent and allocate resources properly, and their police authorities. We do not seek to interfere with that, but we do seek to drive savings where they can be made by greater collaboration between forces.

Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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The chief constable of North Wales says that it will be impossible to protect front-line services with cuts of £22.6 million over the next four years. Will the Prime Minister please tell us—[Interruption.] I apologise for what may appear to be a promotion. Will the Minister explain what assessment he has made of those figures?

Lord Herbert of South Downs Portrait Nick Herbert
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That is easily the nicest thing that has been said to me since I have been in this job—indeed, it may be the only nice thing.

I want to discuss these issues with the chief constable of North Wales. We believe that by making significant savings in their back and middle offices, by sharing services and by improving procurement, it is possible for police forces to deal with funding reductions while protecting front-line services. It is up to the police authority and the chief constable to do everything they can to ensure that that is the case.

Identity Documents Bill

Susan Elan Jones Excerpts
Wednesday 9th June 2010

(14 years, 1 month ago)

Commons Chamber
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Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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I am grateful to you for calling me to make my maiden speech today, Mr Deputy Speaker. I should like to congratulate the hon. Members for Gosport (Caroline Dinenage) and for Gloucester (Richard Graham) on their excellent maiden speeches, and, especially, my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) on his passionate and informative speech.

I believe that a Member of Parliament once described maiden speeches as lasting 10 minutes, beginning with a few nice words about the previous Member—often the most difficult part—followed by a description of the constituency and an indication of the Member’s own parliamentary obsessions, and concluding with a passing reference to the subject at hand. I can assure hon. Members that I have no difficulty in paying tribute to my predecessor, Martyn Jones. I have known him for 24 years; indeed, I campaigned for him when he was first elected in 1987, in what was then the parliamentary constituency of Clwyd, South-West. Martyn was rightly proud of serving as Chair of the Welsh Affairs Select Committee, and of all the painstaking and detailed work he did to ensure that money left lying in dormant bank accounts found its way to good causes. Many hon. Members who served alongside Martyn will recall his distinctive bow ties. Indeed, one of the first messages I received after my election came from a well-wisher who ended his note with the rather startling comment:

“Long may the tradition of bow tie-wearing Joneses representing Clwyd South continue.”

I am afraid that I might have to break with that tradition before it becomes too entrenched.

Clwyd South is not one community but many, and that is something that we are very proud of. It has agriculture, industry, tourism—including a world heritage site at Pontcysyllte aqueduct—natural beauty, including the breathtaking Horseshoe pass, and a world-famous international music festival in the Llangollen international eisteddfod. It was also the home of Wales’s first ever national Welsh language youth festival, the 1929 Urdd eisteddfod, at Corwen. It is the home of the great centre of the co-operative movement at Cefn, and of the site of the citadel of Welsh music, culture and non-conformity at Rhosllanerchrugog. We also have the historic base of a former iron and steelworks at Brymbo, which was where my father worked. Sadly, the steelworks itself closed almost 20 years ago, with its blast furnace being shipped off to power the economic revival of China. My constituency also has a history of coal mining, including mines near Chirk, Bersham and Hafod.

There is a history of coal mining in my family, as there is in many families from my area. My paternal grandfather was killed in a major mining accident in Gresford in 1934. My maternal grandfather, also a coal miner, started work at the age of 12. A year or two later, my grandmother had left school and was caring for her parents and siblings. Because of childhood illness, my mother was not allowed to sit the 11-plus examination. She left school and went to work at 15, having to train in her own time to become a medical secretary. All those people, and many others like them from my home community, experienced a poverty of finance and of opportunity in one way or another. It was the kind of poverty that brought together ordinary people in communities across the United Kingdom to seek election to this House to change things for the good. Without such people, many of the opportunities that people of my generation have enjoyed would not have been possible.

That type of poverty—of finance and of opportunity—has been well documented, and rightly so. But there was another type of poverty in my home community that is less well known. It was the poverty of a child going into their local school and not merely being denied the opportunity to be taught in their own language, but in many cases being punished for speaking it. Indeed, in the 19th century, there was the common punishment of the “Welsh Not”, a piece of wood worn around the necks of children who spoke Welsh, who would later be caned. It might shock hon. Members to learn that, even after the use of the “Welsh Not” ceased—indeed, as recently as the 1930s and 1940s—children in the communities that now make up Clwyd South and in many other parts of Wales were punished for speaking Welsh at school; and even after those barbaric practices ceased, there was a sharp decline in the use of the Welsh language. It took decades before its use was finally accepted as mainstream.

Today, I rejoice that I can swear my oath as a Member of Parliament in Welsh, but in doing so, I pay tribute to people such as my former head teacher, Mrs Mair Miles Thomas, who fought for the Welsh language at a time when it was not fashionable to do so. They were ordinary people in the mould of Mrs Rosa Parkes, and their commitment and dedication to civil rights deserve wider recognition.

I know that, for many Members, part of the art of a maiden speech is naming every single community in their constituency, but for Clwyd South that would not be possible, such is the profusion of villages and small towns spread over a vast terrain of 240 square miles. In today’s debate, we have heard much about the protection of the rights of the few, and I have found much of that debate interesting and informative. When one considers the nature of constituencies such as Clwyd South, one is indeed considering the rights of the few. It is not difficult to understand why, over the years, local campaigners have spoken out against proposals drawn up in metropolitan areas, apparently with our best interests at heart, whether for the deregulation of the bus services in the 1980s, for a rural school, for a post office, or for a game plan drawn up by metropolitan policy wonks to “equalise” us all into communities of 70,000 people, regardless of sparseness, terrain, or other local factors. Those of us who care about our rural communities will not be railroaded in that way.

That is why I also hope that those who have to make undoubtedly difficult decisions will not consider the rate of value added tax as a mere statistic to be increased at will. In many areas such as Clwyd South, where small businesses form the backbone of the local economy, the net result of high rates of VAT would be an intense struggle in many cases, and bankruptcy for the local builder, the plumber, and the small business person in others.

On that note, and having made those points, I pledge to do my best to serve the people of the communities of Clwyd South and to contribute to the life and work of this House. Diolch yn fawr.