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Tuesday Volume 555 18 December 2012 No. 88 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Tuesday 18 December 2012 £5·00 © Parliamentary Copyright House of Commons 2012 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 685 18 DECEMBER 2012 686 Mr Nick Gibb (Bognor Regis and Littlehampton) House of Commons (Con): On 25 April 2010, Irene Glen from Littlehampton opened the front door to her former partner Sean Benn. Tuesday 18 December 2012 He came in and, with a kitchen knife, stabbed Mrs Glen 10 times. She was flown to London for several hours of emergency surgery, and mercifully survived. Sean Benn The House met at half-past Eleven o’clock was convicted of wounding with intent, and was sentenced to detention in a secure hospital under the Mental PRAYERS Health Act 1983. On Thursday, a tribunal will consider whether to release him, a mere two years after that horrific attack. Mrs Glen believes that he may attack [MR SPEAKER in the Chair] her again, and is terrified for her life. What can she do to prevent Sean Benn from being released, and what can we do to protect my constituent? BUSINESS BEFORE QUESTIONS Chris Grayling: I shall look carefully at the case to CITY OF LONDON (VARIOUS POWERS)BILL [LORDS] which my hon. Friend has referred. Matters relating to (BY ORDER) release are handled independently by the different tribunals Second Reading opposed and deferred until Tuesday and assessment services that are there to decide whether 8 January 2013 (Standing Order No. 20). it is safe to release a prisoner, and I should obviously be concerned to hear of circumstances in which a potentially dangerous prisoner was to be released. My Department will certainly be able to discuss with my hon. Friend Oral Answers to Questions whether there are any ways in which we can help either to support his constituent or to influence the process, should that prove necessary. JUSTICE Age of Criminal Responsibility The Secretary of State was asked— 2. Mr Barry Sheerman (Huddersfield) (Lab/Co-op): What consideration he has given to reviewing the age of Indeterminate Sentences criminal responsibility in England and Wales. [133866] 1. Kate Green (Stretford and Urmston) (Lab): What The Minister for Policing and Criminal Justice (Damian the Government’s policy is on the use of indeterminate Green): The Government are not considering reviewing sentences for public protection. [133865] the age of criminal responsibility. They believe that young people aged 10 and over are able to differentiate The Lord Chancellor and Secretary of State for Justice bad behaviour and serious wrongdoing. (Chris Grayling): The widely criticised indeterminate sentence of imprisonment for public protection was Mr Sheerman: That was a very disappointing answer. abolished on 3 December. It has been replaced by a new The fact is that in England and Wales we lock up more regime of mandatory life sentences, which apply to children than any other country in Europe. We imprison anyone who is convicted for a second time of a very four times as many young people as Portugal, 25 times serious sexual or violent offence, and tough extended as many as Belgium, and 100 times as many as Finland. determinate sentences. I make no apology for the fact that it was in 1999 that we changed the law to reduce the age of criminal Kate Green: In a written answer published on 19 October, responsibility from 14 to 10, but is it not about time that I was informed that 193 prisoners over the age of we accepted the recommendation of people throughout 60 were serving indeterminate sentences for public the civilised world that it should be at least 12? Why do protection. Approximately 25 elderly high-risk prisoners the Government not agree with the right hon. Member are expected to be released in Greater Manchester, for Chingford and Woodford Green (Mr Duncan Smith), some of whom will have higher than average social care who believes that that change must come about? needs as well as a need for specialist supervision. What discussions have been taking place with local authorities Damian Green: I am sorry that the hon. Gentleman about where those individuals are to be accommodated, found my reply disappointing. I think it entirely appropriate and who will bear the cost? to hold children aged 10 and over to account for their actions, and to allow the criminal courts to decide on an Chris Grayling: As the hon. Lady will know, the effective punishment when an offence has been committed. probation service regularly engages in detailed discussions It is important to communities, and particularly important with local authorities to try to establish the right ways to victims, to know that young people who offend will of dealing with individual offenders. In many parts of be dealt with appropriately. the country there is integrated offender management, which is designed to ensure that we provide the best Andrew Bridgen (North West Leicestershire) (Con): possible support. My plans for a rehabilitation revolution Does my right hon. Friend agree that restorative justice, will step up the support provided for such people, and a flagship policy of this Government, is particularly will, I hope, ensure that we address issues such as where effective for children around the current age of criminal prisoners are to live after leaving prison. responsibility? 687 Oral Answers18 DECEMBER 2012 Oral Answers 688 Damian Green: I agree, and that is why I made the Damian Green: The hon. Gentleman makes a serious point to the hon. Member for Huddersfield (Mr Sheerman) point. The cost of insurance is one reason we have just that it is for the courts to decide the appropriate punishment. published a consultation paper on whiplash claims, in That might well be the use of restorative justice, which which fraud is most commonly committed, an effect of is particularly effective with young offenders. which is to drive up insurance costs for respectable drivers. That could conceivably encourage the bad behaviour Mr Philip Hollobone (Kettering) (Con): I declare my that he suggests. interest as a special constable with the British Transport police. Although the age of criminal responsibility is 10, Ms Margaret Ritchie (South Down) (SDLP): In reference effectively many police officers will not do anything in to the Minister’s comment about whiplash claims, false the case of a miscreant under the age of 16. May we have claims do much to discredit and undermine those who a change to the law, whereby if a police officer were to suffer real injuries as a result of dangerous driving. In issue a fixed penalty notice for somebody under 16 who Northern Ireland, where the costs are much higher than committed antisocial behaviour or a crime, it would be in comparable regions in Britain, what discussions have served on their parents or guardians so that they would taken place with the Minister of Justice regarding whiplash ensure that their children behaved properly? claims? Damian Green: I am sure that the Minister of Justice Damian Green: I am always interested by the expertise in Northern Ireland will have seen the Government’s my hon. Friend brings to this issue, given his welcome consultation document and I hope that he, along with work as a special constable. I shall certainly consider his Members of this House, will welcome it. I would obviously suggestion seriously. always be willing to speak to him further about it. Dangerous Driving Probation Service 3. Mark Pawsey (Rugby) (Con): What steps he is 4. Roberta Blackman-Woods (City of Durham) (Lab): taking to address harm and injury caused by dangerous What recent assessment he has made of the effectiveness drivers. [133867] of the probation service. [133868] The Minister for Policing and Criminal Justice (Damian The Parliamentary Under-Secretary of State for Justice Green): The Government have legislated to create a new (Jeremy Wright): As Minister with responsibility for offence of causing serious injury by dangerous driving. probation, I have had the opportunity to see the hard work The new offence is subject to a five-year maximum and dedication of many probation officers and I do not prison sentence and was implemented on 3 December 2012. think the probation service always gets the credit it deserves for helping to keep the public safe. Probation officers Mark Pawsey: My constituents, Mr and Mrs Galli- will continue to have a key role. However, reoffending Atkinson, who have campaigned for safer roads for rates are still too high and we need to explore new ways some time, point out that in cases in which a driver of delivering rehabilitation and reducing reoffending. causes death while over the drink-drive limit but in which there is no evidence of careless driving, the only Roberta Blackman-Woods: I am sure that the Minister charge available to the police carries a maximum sentence is aware of the most recent report from the inspectorate of six months’ imprisonment, a fine and disqualification of probation, published today, which shows that vulnerable from driving. The law should reflect the fact that driving and troubled young people are not being adequately under the influence of drink or drugs severely impairs a supported by the care or probation system. How will driver’s reaction time. Given that the Crime and Courts the Minister respond to the serious resource issues Bill is currently going through Parliament, will the raised in that report? Minister find time to address that important issue? Jeremy Wright: The hon. Lady is right to draw attention to that report, which deals with the interests of children Damian Green: I know that my hon.