UK Parliament / Open data

Crime and Security Bill

Proceeding contribution from Elfyn Llwyd (Plaid Cymru) in the House of Commons on Monday, 18 January 2010. It occurred during Debate on bills on Crime and Security Bill.
I am not absolutely sure about that. I have a motor car; perhaps the hon. Gentleman still has a mule—[Interruption.] Let us not continue to talk about motor cars just now—I am sure the Minister for Policing, Crime and Counter-Terrorism will not sink to that level. Travelling is difficult, for sure, and this is a genuine issue. I do not downplay the need to protect people—they are mostly women—in such situations, and I have never been blasé about this. I worked in the field for many years. I am still disgusted and appalled when I think about the things I witnessed, so I am not making light of this. However, under the Family Law Act 1996—I served on the Standing Committee that considered the Bill that became that Act, and I was pleased that it made the statute book—it appears that there is sufficient protection for women in such a position, through an ouster order and a non-molestation order, coupled with the power of arrest. Indeed, if there is a more serious initial assault, the perpetrator can no doubt be bailed on very strict conditions. I will not expand on other relevant considerations because I do not want to take up too much time, but the hon. Member for Woking made a comprehensive case in support of the view that we already have these powers in place. When I asked the Home Secretary about the difference between the provisions in the 1996 Act and those in the Bill, I did not get much of a response, so I await one from Ministers. I do not understand how the need for the Bill's provisions arises. The proposals on gang-related violence risk introducing a whole panoply of criminal penalties on a civil standard of proof. This is not the first Bill to do that, and it is a disturbing tendency. Those provisions could be challengeable on behalf of young people. Again, I am not playing the problem down. We do not have this kind of thing in my local town, thank God, but I heard the speech made by the hon. Member for Sheffield, Hillsborough (Ms Smith) and I have no doubt that it is a major problem in some places. However, we need legislation that will stand the test of time and tests in the courts. In the McCann case, the House of Lords found that even though antisocial behaviour orders were civil orders, the criminal standard of proof—beyond reasonable doubt—should be employed, not the civil standard, because the finding of guilt has with it serious criminal penalties. I make that point because the proposals in the Bill might be challenged on similar lines. However, I listened carefully to what the hon. Lady said, and perhaps I live in a fool's paradise from that point of view. I am very concerned about the keeping of DNA and fingerprint samples, and I am not the only one. [Interruption.] The Minister whispers from a sedentary position; if he would like to turn around, he will see that there is huge support behind him—massive support for the Bill!
Type
Proceeding contribution
Reference
504 c100-1 
Session
2009-10
Chamber / Committee
House of Commons chamber
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