Criminal Justice and Immigration Bill

Would that that were possible. Someone might, for example, commit a non-invasive sexual offence against a child—grossly inappropriate sexual behaviour against a child, short of some invasion of his or her body—and that might be a first offence. In looking at that offence alone, the court might take the view that a custodial sentence of under two years is appropriate. However, whereas a court might currently be able to give an IPP for that one offence, it would not be able to do so under the new regime that this Government wish to push forward in order to cope with overcrowding. That is the danger we face, and that is the problem that the Government have given us, the public, and themselves as managers and legislators. It is a pleasure to turn and look at you again, Mr. Deputy Speaker—rudely, I was looking in the other direction. I cannot stress too highly how important it is that those convicted of such offences should be susceptible to IPPs even if the original offence is subject to a relatively low tariff. The same applies to new clause 30 and, to some extent, to new clauses 31 and 32, which address extended sentences for both those under 18 and those over 18. Under new clauses 31 and 32, if a court goes for an extended sentence of imprisonment the term has to be at least four years. We are causing too great a limit to be placed on the discretion of the sentencer in dealing with such serious cases. It gets worse, because under proposed subsections (6) of both those new clauses we would give the Secretary of State the power by order to amend proposed new subsections (2A) and (2B) of section 227 of the Criminal Justice Act 2003"““so as to substitute a different period for the period for the time being specified in””" those subsections. Therefore, whereas the Government want at present to say that the custodial term would be at least four years, it will be open to a Secretary of State to come to a different conclusion. We will not have a proper opportunity to debate this provision on the Floor of the House; it will go through as a statutory instrument. That is, I gather, the modern way of dealing with criminal justice legislation. Not only did we not have any time to debate the Bill, but we are not even permitted to have a serious debate about any amendments to the Government's provisions. On new clause 33, what the Minister said did not make it at all clear to me what is the necessity for proposed new paragraph (aa) to section 229(2) of the 2003 Act, as specified in subsection (2)(b) of the new clause. Why is that necessary? Why is the information about the dangerousness of the individual concerned to be restricted to activities relating to a conviction"““in any part of the United Kingdom””?" A foreign national defendant might have led an entirely blameless life in the United Kingdom until his conviction, but he might have a string of convictions for dangerous behaviour in other parts of the world, which the court ought to be entitled to take account of. The Government must explain why they think that provision is necessary. I will not be able to deal with all the amendments and new clauses in this group, as my doing so would be unfair on other Members who have things to say. However, I also point out that new clause 35 has huge hidden implications. It blithely deletes subsections (3), (4), (5) and (6) of section 247 of the 2003 Act. I remind Members that the Bill that led to that Act was the flagship Bill of the 2001 Parliament, which was going to solve all our criminal justice ills. Huge sections of that Act have yet to be brought into force, and many sections have been repealed before being brought into force, but this is yet another example where matters relating to the release on licence of prisoners serving an extended sentences are to be addressed. The title of new clause 45 is:"““Restriction on power to make a community order””." I do not understand the logic behind the proposal, and nothing that the Minister said made it easier to understand the Government's case. Clearly, it is not possible to give a community sentence to someone who has committed an offence where the penalty is fixed by law, for example, murder or some of the firearms offences, which I believe carry minimum periods of imprisonment of five years. I am looking at my hon. Friend the Member for Rugby and Kenilworth (Jeremy Wright) here. Clearly, someone cannot be given a community sentence in such circumstances. Again, this issue goes back to overstretching the probation service. The reason why the Minister says that he is pushing this proposal forward is that people have been given community sentences when they ought to have been given fines and because people are in some way being placed in a position where the probation service would be further overstretched. Why do the Government not manage the criminal justice system properly, plan and have a strategic vision, instead of looking down the wrong end of the telescope? New clause 47 deals with the release of fine defaulters and contemnors under the Criminal Justice Act 1991, and is clearly designed to alleviate prison overcrowding. That is the wrong way to look at the development of the criminal justice system. The Government should work out the appropriate thing to do with particular sorts of offences and offender. They should not empty the prisons because they have failed to plan for the consequences of their sentencing policies since 1997. New clauses 48 and 49 are interesting. New clause 48(2)(1A) states:"““As soon as a long-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.””" I am surprised that the Secretary of State thinks that that is an appropriate duty for him to have. One surely ought to have some regard to the details of the character and offence of the individual prisoner in question. New schedules 3, 5 and 7 are very lengthy additions to the Bill. They were introduced this week, and although they are, to some extent, dependent on the new clauses that we have just been rushing through, they deserve greater attention than it is appropriate for me to give them this afternoon, given the time constraints. Thus, I shall say no more about them, save to invite Members of the other place to give them a thorough grilling when the Bill reaches there. I hope that the sceptical view that I have brought to the discussion of these new clauses and new schedules gives the House not only an indication of my deep concern at the way in which the Government have brought the Bill and these new aspects of it to this place, but an understanding of my concern about the substantive underlying nature of these provisions. I regret to say that the Justice Secretary and his Ministers are diluting a pledge to be ““tough on crime, tough on the causes of crime””, and are doing so in a wholly incomprehensive and illogical fashion. I could get cross about this. I could scream and shout, but it does not do my ulcers any good and it certainly does not do the attention of the House any favours. I shall stop now, and invite those hon. Members who are as concerned as I am to consider carefully the new clauses and amendments. I trust that if the opportunity is there, they will vote with the official Opposition against new clause 29, which I have picked as a useful symbol of our expression of deep concern about the mishandling of the Bill and of this aspect of it.