Rehabilitation of Offenders

Yasmin Qureshi Excerpts

Wednesday 5th June 2019 Commons Chamber

[Yasmin Qureshi (Bolton South East) (Lab)]

I welcome the Minister to his new position. We worked together on the Justice Committee and, as always, he is eloquent in trying to convince the House to pass something that I am sure, in his heart of hearts, he knows is not correct. As a lawyer and advocate, he must understand the concerns that have been raised, especially in the other place. I am sure he is well aware that the other place voted against this statutory instrument and the rebellion included a number of Conservative Members of the House of Lords. I ask him, even at this stage, to reconsider whether this statutory instrument should be approved.

The Opposition understand the sentiment and the principle behind this statutory instrument in terms of assisting public inquiries into groups where spent convictions may or may not be relevant. The request came from Sir John Mitting, the chair of the inquiry into undercover police operations from 1968 onwards, including whether the police were justified in launching undercover operations against this particular group.

The request makes sense because one of the issues in this particular undercover operation is whether any of the convictions occurred because of agents provocateurs, which is where a person has committed an offence because an undercover police officer somehow encouraged or facilitated it, or put the idea in their head. The concept of agents provocateurs is a complex legal issue, and it is clear from some of the allegations that this may have happened in this set of undercover police operations, so the convictions of some of those who may give evidence will be pertinent and relevant because they might shed light on the actions of the police officers. Therefore, we understand that for this particular inquiry this approach may be relevant and spent convictions will add a critical context to the inquiries that we would not have under the current system. However, we believe that the wording of this proposal is far too wide and is not properly structured. As my colleague Baroness Chakrabarti said, it seeks to use

“a sledge-hammer to crack a walnut.”—[Official Report, House of Lords, 20 May 2019; Vol. 797, c. 1786.]

It is too far-reaching and too blunt to be effective without seriously threatening rehabilitation and privacy.

The powers granted by the order would mean that the spent convictions of past offenders under investigation would become unspent in terms of policing and inquiries, and, crucially, may become unspent in the public eye. It completely goes against the spirit of rehabilitation that served sentences may be reopened for potentially unconnected investigatory purposes. In this information age, the checks and balances proposed by the Minister, whereby an inquiry’s chair may rule spent convictions inadmissible, may come too late to protect the individual; this information may be raised and shared by counsel in countless different circumstances before the chair can decide whether it is relevant and, therefore, admissible. Furthermore, given the speed at which information travels on the internet, any ruling by a chair could become a bit of a lame-duck decision, because the information would probably have already reached the public sphere. Indeed, Lord Hogan-Howe, the former Metropolitan Chief Commissioner, pointed out that the internet hive mind may mean that

“the public may know more than the inquiry chairman.”—[Official Report, House of Lords, 20 May 2019; Vol. 797, c. 1791.]

In essence, once the information is out, the information is out, and it is unrealistic to expect every subject of this instrument to have the energy, time and resources to lodge a judicial review or request a restriction order to maintain anonymity. In any case, a restriction order from the chair of the inquiry would be likely to come too late to prevent the damage being done.

It is worth noting that, since the introduction of the 2005 Act, there have been only 23 public inquiries and this is the first time that a provision such as this has been proposed. Surely we should not be setting such a troubling precedent because of one inquiry; 22 others have not sought such blunt and excessive powers. It would only take someone to overlook a potentially minor and irrelevant conviction in their past and fail to mention it to their representative for their credibility and witness evidence to be undermined. This really calls into question how far the justice system will try to support rehabilitation, when spent convictions can be brought into public inquiries with limited oversight.

The checks and balances proposed seriously threaten article 8 of the European convention on human rights because they presume, first, that information regarding spent convictions will not reach the public eye without prior approval and, secondly, that the subjects of the instrument have the time, energy and resources to ensure that their rights are properly protected. I re-emphasise this point because we must recognise that, with the legal aid cuts and all the other cuts that have been carried out, and with a lot of people who are involved in these inquiries often not being financially solvent, trying to get legal assistance to maintain a judicial challenge or review is almost impossible. The lives of these ordinary people are being made even worse with this particular legislation, given the wide nature of its current format; people’s rights will not be properly effected.

At the heart of our criminal justice system is a need for the rehabilitation of convicted offenders, and the need for fair and transparent public inquiries is of real public interest. If the alternative to this overreaching order is to individually discuss the procedures of each public inquiry, that is a use of parliamentary time that accurately reflects public interest; I would much sooner the House establish the admissibility of spent convictions in terms of a public inquiry in advance of each inquiry.

Again, I say to the Minister that it is still not too late to take this SI away and reconsider the issues we have raised. We are talking about real issues, such as the fact that vulnerable witnesses may be dissuaded from giving evidence to a public inquiry for fear that a spent conviction for a minor offence committed when they were a child could come up and be in the public domain, and their families could find out, as could prospective employers. The consequences for those victims may be enormous, so they may not wish to engage in any particular inquiry, in which case we would not be being very effective. The Secondary Legislation Scrutiny Committee expressed serious concerns about

“the breadth of the power and what impact it might have on the lives of those who have been rehabilitated.”

As I have said, we successfully tabled a motion of regret about this SI in the other place. We gained sizeable support on this matter, including from some on the Conservative Benches. A Conservative peer, Lord Hodgson of Astley Abbotts, who is a member of that Committee, said that the concerns of the Committee and the other House were raised with the Ministry of Justice but its response was “largely fanciful” and “not realistic”. We therefore ask the Government and the Minister to seriously reconsider this SI, for all the reasons that have been mentioned.