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Parliamentary Debates (Hansard) Tuesday Volume 514 20 July 2010 No. 35 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Tuesday 20 July 2010 £5·00 © Parliamentary Copyright House of Commons 2010 This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through the Office of Public Sector Information website at www.opsi.gov.uk/click-use/ Enquiries to the Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU; e-mail: [email protected] 153 20 JULY 2010 154 Nick Herbert: I am sure that my right hon. Friend’s House of Commons comments will have been noted. As he knows, the Under-Secretary of State for the Home Department, Tuesday 20 July 2010 my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), visited Rothbury yesterday and met local police and residents to discuss those issues. The House met at half-past Two o’clock However, my right hon. Friend will understand that the Government cannot comment further, given that two people have been charged with conspiracy to murder PRAYERS and that there is an IPCC investigation. [MR SPEAKER in the Chair] Maria Eagle (Garston and Halewood) (Lab): Does the right hon. Gentleman recognise the importance of multi-agency risk assessment conferences in communicating between prisons, the police and others on any ongoing Oral Answers to Questions threats posed by specific perpetrators of domestic violence, and therefore in stopping that ongoing violent criminality in particular cases? Given that domestic violence accounts for 14% of all violent incidents, that almost 80% of JUSTICE victims are women, and that increasing focus on taking that crime seriously led to a 64% fall in its prevalence between 1995 and 2008, will he guarantee that MARACs The Secretary of State was asked— will continue and even that they will be placed on to a statutory footing? Prisoner Release (Risk Assessment) Nick Herbert: I am afraid that I cannot offer guarantees 1. Chi Onwurah (Newcastle upon Tyne Central) (Lab): to the hon. Lady, but we can say in relation to that What steps the Prison Service takes to communicate to specific case that it is very important that all the lessons police forces its assessment of the mental state of and are learned about appropriate information sharing. The threats posed to the public by prisoners immediately Government understand the significance of the domestic prior to release. [9411] violence issues that she raises. The Minister of State, Ministry of Justice (Nick Herbert): Police forces are notified of all prisoner releases. Procedures Administrative Penalties are in place in each prison under the national security policies to ensure that security information about offenders is analysed and shared with the police and other agencies 2. Mr Dominic Raab (Esher and Walton) (Con): if it is considered that it will help the police to protect What plans the Government have to review the use of the public from serious harm. administrative penalties. [9412] Chi Onwurah: I referred to the mental health care and The Parliamentary Under-Secretary of State for Justice status of prisoners. The recent tragic events in Newcastle, (Mr Jonathan Djanogly): The Government are undertaking on Tyneside and in Rothbury have highlighted how a full assessment of sentencing policy to ensure that it is important the provision of good mental health care in effective in deterring crime, protecting the public, punishing prisons is. Will responsibility for that provision be given offenders and reducing reoffending. We are considering to local GPs in the reorganisation of the national health our approach to out-of-court penalties as part of this service, or will it be under the control of the prison? work. Nick Herbert: First, I agree with the hon. Lady that it is important that we ensure adequate mental health care Mr Raab: I thank the Minister for that answer. By for prisoners, a very large number of whom suffer from 2007, fewer than half the offenders brought to justice—on mental health conditions. She will appreciate that I the previous Government’s measure—had ever seen or cannot comment specifically on the case to which she been passed through the dock of a court. A man who referred, which is the subject of an Independent Police glassed a pub landlady recently was cautioned, and a Complaints Commission investigation and a police serial thief was issued with a dozen on-the-spot fines. investigation. We are now considering carefully how the What plans does he have to reverse Labour’s pay-as-you-go Government’s health reforms should fit in with how we crime policy, and does he agree that magistrates courts want to provide health services in prisons. have a vital role to play? Sir Alan Beith (Berwick-upon-Tweed) (LD): I thank Mr Djanogly: The number of out-of-court disposals the Minister for being careful not to speculate about administered each year has risen by 135% since 2003. matters that are the subject of inquiries and possible Such disposals now account for 40% of all offences criminal proceedings. Is he aware that the people of brought to justice. However, during the same period, Rothbury were extremely supportive of the police in the the number of convictions at court has remained broadly difficult task that they carried out, and that the police stable, suggesting that out-of-court penalties are expanding were very appreciative of that support at a time when the number of offenders who are dealt with rather than the whole community felt seriously threatened? being used as an alternative to prosecution. 155 Oral Answers20 JULY 2010 Oral Answers 156 Community Service Sentences Human Rights Act 1998 4. Mr William Bain (Glasgow North East) (Lab): 3. Angie Bray (Ealing Central and Acton) (Con): What assessment he has made of the effectiveness of What plans he has for the future of community service the Human Rights Act 1998. [9414] sentences. [9413] The Lord Chancellor and Secretary of State for Justice The Parliamentary Under-Secretary of State for Justice (Mr Kenneth Clarke): In the coalition agreement, the (Mr Crispin Blunt): Our plans are to ensure that community Government committed to establishing a commission sentences are tough, effective and rigorously enforced, to investigate the creation of a Bill of Rights. The scope and that they punish offenders, but steer them off drugs of the commission and its terms of reference will be and alcohol and into employment. We are conducting a announced in due course, but it is my expectation that full assessment of sentencing policy, including asking in the course of its work the commission will consider judges and magistrates for their views on which community the experience of the Human Rights Act 1998. sentences are the most effective. Mr Bain: I am grateful to the Lord Chancellor for that response. Does he agree that, on the 10th anniversary Angie Bray: I thank my hon. Friend for that answer. of the implementation of the Act, domestically enforceable Many of my constituents hold to the old-fashioned and universally applicable human rights are one of the notion that justice should not just be done, but be seen best checks on Executive power that we have, and does to be done, and they do not have much faith that he agree with the remarks that he made in The Daily community service sentences will deliver on that. How Telegraph on 27 June 2006 that to repeal the Human can he reassure my constituents that community service Rights Act would be an act of “xenophobic and legal sentences will be robust and not a soft option? nonsense”? Mr Blunt: We believe that making community sentences Mr Clarke: We are going to review in due course tougher in delivering punishment—especially looking every aspect of the working of the Human Rights Act at the operation of community payback—and more in the light of that 10 years of experience. I agree that effective in delivering rehabilitation, restoration and the there are very important protections for human rights, protection of the public, will help to show that people and there is no question of moving away from the can have increasing confidence in such sentences. Achieving European convention on human rights. The coalition those objectives will be an important element of our agreement does not contemplate that. Actually, the assessment of sentencing policy. changes that have taken place in British common law, with the huge enlargement of the scope of judicial review—which includes reviews of all ministerial decisions Mr David Hanson (Delyn) (Lab): If the Minister is to and of legislation current in the House—have also increase the number of community sentences as the greatly altered the scene. Sometimes that gets confused Justice Secretary wishes to do, can he give the House an with the European convention on human rights. I have indication of how much money he intends to transfer to given a range of views in the past and no doubt we will the probation budget, given that it has an in-year cut consider those views carefully in the light of the report this year of £20 million? Can he also tell us which that we eventually get from the commission. sentences of under six-months he thinks are inappropriate, given that at present they are available for offences such Dr Julian Huppert (Cambridge) (LD): Is the Lord as assault on a police officer, domestic violence, child Chancellor aware of the book by Jesse Norman and abuse and firearms offences? Indeed, three quarters of Peter Oborne entitled “Churchill’s Legacy: The Conservative people sentenced to under six months have committed Case for the Human Rights Act”? Will he encourage his seven or more offences.
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