Criminal Justice and Immigration Bill. Second reading debate. Agreed to on question. Programme motion on proceedings in Committee, on Report, Third reading and other proceedings agreed to on division (294 to 188). Carry-over motion that proceedings on the Bill shall be resumed in the next Session if not completed during the present Session. Agreed to on division (296 to 183). Money resolution agreed to on question.
Criminal Justice and Immigration Bill
Debate on bills on Monday, 8 October 2007,
in the House of Commons,
led by Jack Straw.
The answering
member was Lord Herbert of South Downs.
Type
Parliamentary proceeding
Reference
464 c59-139 
Session
2006-07
Legislative stage
Second reading
Chamber / Committee
House of Commons chamber
Criminal Justice and Immigration Bill. Explanatory notes Bill 130-EN also published.
Tuesday, 26 June 2007
Bills
House of Commons
Tuesday, 26 June 2007
Bills
House of Commons
Criminal Justice and Immigration Bill
Thursday, 11 October 2007
Parliamentary proceedings
House of Commons
Thursday, 11 October 2007
Parliamentary proceedings
House of Commons
Proceeding contributions
Phil Wilson | 464 c100-3 (Link to this contribution)
Thank you, Mr. Deputy Speaker, for allowing me this opportunity to make my maiden speech during the ...
Virendra Sharma | 464 c106-9 (Link to this contribution)
Thank you, Mr. Deputy Speaker, for allowing me the opportunity to make my maiden speech. First, I co...
Show all contributions (141)
Speaker | 464 c82 (Link to this contribution)
Order. I remind all right hon. and hon. Members that Mr. Speaker has imposed a time limit of 10 minu...
Speaker | 464 c91 (Link to this contribution)
Order. I remind right hon. and hon. Members of Mr. Speaker's time limit of 10 minutes on Back-Bench ...
Lord Herbert of South Downs | 464 c72 (Link to this contribution)
Indeed. Part of the problem is that we do not yet know what will be in the Bill. Although the Prime ...
Lord Hanson of Flint | 464 c72 (Link to this contribution)
Can the hon. Gentleman tell me whether he is going to vote against the Bill this evening?
Lord Herbert of South Downs | 464 c72-4 (Link to this contribution)
I am afraid the Minister of State will have to wait and see, if he can bear the tension.
Alongside ...
Philip Davies | 464 c74 (Link to this contribution)
My hon. Friend is making a typically powerful case. Does he agree that the Bill has more to do with ...
Lord Herbert of South Downs | 464 c74 (Link to this contribution)
I strongly agree. The prisons crisis, to which I shall refer, is one entirely of the Government's ow...
William Cash | 464 c74-5 (Link to this contribution)
On foreign criminals who require deportation, does my hon. Friend agree that another gaping hole in ...
Lord Herbert of South Downs | 464 c75-6 (Link to this contribution)
I agree. That is another gaping hole at the heart of the Bill and I will turn to that issue in a sec...
Lord Herbert of South Downs | 464 c76 (Link to this contribution)
No, it is not our intention to resile from the ECHR. It is not us who proposed that. The former Home...
Jack Straw | 464 c76-7 (Link to this contribution)
I must say that the hon. Gentleman has a lot of learning to do on the margin of appreciation and Str...
Stephen Hesford | 464 c71 (Link to this contribution)
Did the hon. Gentleman take part in the consultation exercise on quashing convictions—yes or no?
Lord Herbert of South Downs | 464 c71 (Link to this contribution)
We did not take part in the consultation exercise. I do not think that, with the number of eminent l...
Jack Straw | 464 c71 (Link to this contribution)
The hon. Gentleman is making a rather forced point about clause 26. Can he explain what his point is...
Lord Herbert of South Downs | 464 c71 (Link to this contribution)
The point is quite straightforward: it is a good idea to do the consultation before one legislates. ...
Jack Straw | 464 c71 (Link to this contribution)
I will tell the hon. Gentleman why I did not talk about that. I thought that Madam Deputy Speaker mi...
Lord Herbert of South Downs | 464 c71-2 (Link to this contribution)
The Lord Chancellor talked incessantly about things that were not in the Bill. The Prime Minister, w...
Lord Herbert of South Downs | 464 c71 (Link to this contribution)
Perhaps he can tell us now.
Speaker | 464 c72 (Link to this contribution)
Order. May I remind all right hon. and hon. Members that we are discussing the Bill that is currentl...
Jack Straw | 464 c72 (Link to this contribution)
I am grateful to the hon. Gentleman for giving way but it seems blindingly obvious. We only got the ...
Lord Herbert of South Downs | 464 c80 (Link to this contribution)
We have made it clear that the purpose of the policy is to introduce honesty in sentencing. The Gove...
Lord Herbert of South Downs | 464 c80 (Link to this contribution)
The disgrace of this Government's management of the prison system—
Lord Hanson of Flint | 464 c81 (Link to this contribution)
Will the hon. Gentleman give way?
Lord Herbert of South Downs | 464 c81-2 (Link to this contribution)
No. I have dealt with that point enough.
I want to focus on two other serious omissions from this B...
Nick Hurd | 464 c82 (Link to this contribution)
My hon. Friend talks passionately about the need to re-establish the credibility of the courts. Does...
Jack Straw | 464 c80 (Link to this contribution)
Will the hon. Gentleman give way?
Lord Herbert of South Downs | 464 c80 (Link to this contribution)
No; let me answer my hon. Friend first, please. The disgrace of this Government's management of the ...
Jack Straw | 464 c80 (Link to this contribution)
We are all trying to follow with care what the hon. Gentleman has just committed his party to. Let u...
Lord Herbert of South Downs | 464 c77 (Link to this contribution)
Let me make two points to the right hon. Gentleman. First, his successor the aforementioned former H...
William Cash | 464 c77 (Link to this contribution)
Does my hon. Friend agree that the crucial question—the test—is whether our judiciary will obey legi...
Lord Herbert of South Downs | 464 c79 (Link to this contribution)
Just wait a second, please. The Lord Chancellor's preposterous suggestion that this policy would inc...
Lord Hanson of Flint | 464 c79 (Link to this contribution)
I am interested in what the hon. Gentleman is saying. I would really like to know what his assessmen...
Lord Herbert of South Downs | 464 c78-9 (Link to this contribution)
Let me tell the Lord Chancellor that there will be no problem reaching agreement if he can persuade ...
Lord Hanson of Flint | 464 c79 (Link to this contribution)
Will the hon. Gentleman give way?
Lord Herbert of South Downs | 464 c78 (Link to this contribution)
In a moment. That is the worst kind of cynical politics, and it is exactly what turns people off.
N...
Jack Straw | 464 c78 (Link to this contribution)
I am delighted to respond. I would have thought that the hon. Gentleman would be pleased that the ma...
Lord Herbert of South Downs | 464 c77-8 (Link to this contribution)
Other jurisdictions have a greater ability to deal with such matters because they have constitutions...
Robert Marshall-Andrews | 464 c78 (Link to this contribution)
Will the hon. Gentleman give way?
Lord Garnier | 464 c90 (Link to this contribution)
On a point of order, Madam Deputy Speaker. I apologise to the hon. Member for Somerton and Frome for...
David Heath | 464 c87-90 (Link to this contribution)
I am glad about that, and while the Minister is pondering these very difficult things, he can explai...
Speaker | 464 c90 (Link to this contribution)
Order. The hon. and learned Gentleman has raised the kind of issue that will be best dealt with in t...
David Heath | 464 c86-7 (Link to this contribution)
I think I heard the Minister give such an assurance, so I invite him not to press motions 2 and 3 to...
Lord Hanson of Flint | 464 c87 (Link to this contribution)
I will give the hon. Gentleman an official rebuttal of that story. We are examining internal structu...
David Heath | 464 c86 (Link to this contribution)
I am grateful to the Minister for that assurance but that is not actually what the motion says. If t...
Lord Hanson of Flint | 464 c86 (Link to this contribution)
I reassure the hon. Gentleman that the date of 30 October mentioned in the programme motion relates ...
Keith Vaz | 464 c82-5 (Link to this contribution)
I promise to be briefer than the hon. Member for Arundel and South Downs (Nick Herbert)—obviously, a...
David Heath | 464 c86 (Link to this contribution)
I think the hon. and learned Gentleman is absolutely right. That was my reading of the motions. I ca...
Lord Garnier | 464 c86 (Link to this contribution)
The hon. Member for Somerton and Frome (Mr. Heath) is right to point out that oddity on the Order Pa...
Lord Herbert of South Downs | 464 c82 (Link to this contribution)
I have read that recommendation, but the hon. Gentleman should have a word with the Lord Chancellor ...
Martin Salter | 464 c82 (Link to this contribution)
Has the hon. Gentleman read the report from the Modernisation Committee, which has been backed up by...
Lord Herbert of South Downs | 464 c82 (Link to this contribution)
My hon. Friend is right. The Law Society has expressed grave concern about those provisions and we w...
David TC Davies | 464 c105-6 (Link to this contribution)
I am afraid to say that I am unlikely to be a Minister under any Government, Conservative or Labour....
Philip Dunne | 464 c109-10 (Link to this contribution)
I am delighted to be the first Conservative Member to welcome the hon. Member for Ealing, Southall (...
David TC Davies | 464 c105 (Link to this contribution)
I will give way in a moment; let me finish. People sentenced to 10 years or more have a much lower r...
Lord Hanson of Flint | 464 c105 (Link to this contribution)
Can the hon. Gentleman tell me how many prison places I, as a Minister, should plan for to implement...
David TC Davies | 464 c105 (Link to this contribution)
I will give way again in a moment.
The reality is that most prison officers say that, to keep priso...
Martin Salter | 464 c104 (Link to this contribution)
I feel that the hon. Gentleman and the House need a breather. He contends that prison works. If that...
David TC Davies | 464 c104 (Link to this contribution)
I am delighted to do so: it is because they are not put in prison for long enough. [Laughter.] If th...
David TC Davies | 464 c103-4 (Link to this contribution)
It is a great pleasure to follow that maiden speech, which had all the elements of a good one. It wa...
Lord Beith | 464 c97-100 (Link to this contribution)
I should like to record my congratulations to the new Chairman of the Home Affairs Committee, the ri...
Alun Michael | 464 c95-7 (Link to this contribution)
I welcome this ambitious, wide-ranging Bill, which consolidates the progress that has been made in t...
Paul Beresford | 464 c93-5 (Link to this contribution)
At the conclusion of his remarks, the Secretary of State suggested that the Opposition should at lea...
David Lepper | 464 c93 (Link to this contribution)
I welcome my hon. Friend's intervention and agree with the points that he makes. I also welcome the ...
Martin Salter | 464 c92-3 (Link to this contribution)
Will my hon. Friend also pay tribute to the Reading Evening Post for its support of the Longhurst ca...
David Lepper | 464 c91-2 (Link to this contribution)
I shall be brief, Madam Deputy Speaker. I wish to confine my remarks to clauses 64 to 66 in part 6, ...
Lord Swire | 464 c110 (Link to this contribution)
I totally concur with what my hon. Friend says, but does he share my concern about the ready availab...
Philip Dunne | 464 c111 (Link to this contribution)
Clause 114 is a seemingly innocuous clause about the inspection of police authorities and grants the...
Speaker | 464 c111 (Link to this contribution)
Order. Before I call the next speaker, may I say to the House that time is running out and a large n...
Martin Salter | 464 c111-4 (Link to this contribution)
I rise to support the Bill, which contains many measures that we welcome in my constituency. I parti...
Philip Hollobone | 464 c114-5 (Link to this contribution)
I am disappointed with the Bill before us this evening for three reasons. First, it does not deal wi...
Desmond Turner | 464 c115-7 (Link to this contribution)
I will try to make my contribution brief, and it will also be uncharacteristically sycophantic. My r...
Charles Walker | 464 c117-8 (Link to this contribution)
I shall endeavour to be brief as I know that other Members want to speak. I have a few observations ...
John McDonnell | 464 c118-20 (Link to this contribution)
I will concentrate on clause 72 and be as quick as I possibly can. My background in this is that, ea...
Lord Garnier | 464 c126 (Link to this contribution)
I will in a moment, but I have quite a lot to say in a short period of time, and I was not criticisi...
Alun Michael | 464 c126 (Link to this contribution)
I have been misquoted.
Lord Garnier | 464 c125-6 (Link to this contribution)
This has been a crowded debate, albeit one that we started late. If I may say so without being thoug...
Alun Michael | 464 c126 (Link to this contribution)
Will the hon. and learned Gentleman give way?
Fiona Mactaggart | 464 c124-5 (Link to this contribution)
I will be brief. Members might recall that when I was the Minister in the Home Office responsible fo...
Kerry McCarthy | 464 c124 (Link to this contribution)
No, I am about to come to an end.
I could go on to talk about the need for sufficient support stru...
Lynne Jones | 464 c124 (Link to this contribution)
Will my hon. Friend give way?
Kerry McCarthy | 464 c123-4 (Link to this contribution)
In the brief time that I have, I will focus on one aspect of the legislation: the proposals to tackl...
Evan Harris | 464 c121-3 (Link to this contribution)
I would like to associate myself with the remarks of the hon. Member for Hayes and Harlington (John ...
Harry Cohen | 464 c120-1 (Link to this contribution)
I support much of the Bill, but I want to raise two separate matters. I shall be brief, because of t...
Lord Garnier | 464 c126 (Link to this contribution)
Well, we can deal with that in a minute or doubtless the right hon. Gentleman can write to the newsp...
Lord Garnier | 464 c126-8 (Link to this contribution)
No. I have already said that I will come back to him. He has had plenty of time over the last 20 yea...
Alun Michael | 464 c126 (Link to this contribution)
Will the hon. and learned Gentleman give way?
Gerald Howarth | 464 c130 (Link to this contribution)
Will the Minister give way?
Lord Hanson of Flint | 464 c129-30 (Link to this contribution)
Today's debate has been constructive, and I am sorry that I have only seven and a half minutes to re...
Lord Hanson of Flint | 464 c130-1 (Link to this contribution)
The hon. Gentleman has not been in the Chamber all day, so I will not give way to him when there is ...
Andrew Mackinlay | 464 c68 (Link to this contribution)
I welcome the Lord Chancellor's announcement. Can he assure us that the provision will cover Norther...
Jack Straw | 464 c68 (Link to this contribution)
It already does. I am very pleased to be in close association with my hon. Friend on this occasion, ...
Lord Hanson of Flint | 464 c68 (Link to this contribution)
I took the measure through the House.
Jack Straw | 464 c68-9 (Link to this contribution)
My right hon. Friend the Minister took it through the House himself.
Of course concerns were expres...
Jack Straw | 464 c69 (Link to this contribution)
I understand the concern that the hon. Gentleman has raised, but the issue is better addressed in th...
Lynne Jones | 464 c69 (Link to this contribution)
I am concerned that my right hon. Friend has not mentioned proposals to amend the Street Offences Ac...
Jack Straw | 464 c69-70 (Link to this contribution)
I want to end my speech now.
I think that the provisions in the Bill are sensible. We are always op...
Jack Straw | 464 c69 (Link to this contribution)
I do not know the precise answer to that question. I shall allow my right hon. Friend the Minister t...
Lord Herbert of South Downs | 464 c70 (Link to this contribution)
I congratulate the Lord Chancellor on introducing his first criminal justice Bill in his new role. H...
Jack Straw | 464 c62 (Link to this contribution)
My hon. and learned Friend will no doubt wish to take a 100 lines to remind himself that I am now th...
Robert Marshall-Andrews | 464 c62 (Link to this contribution)
May I apologise for addressing my right hon. Friend as the Home Secretary? No gratuitous insult was ...
Jack Straw | 464 c62 (Link to this contribution)
In a moment.
We have increased investment in drug interventions tenfold, and increased investment i...
Neil Gerrard | 464 c60 (Link to this contribution)
Can my right hon. Friend clarify whether that part of the Bill covers not just hospital premises, bu...
Jack Straw | 464 c60 (Link to this contribution)
Thanks to my hon. Friend, I have indeed had an opportunity briefly to meet Mrs. Longhurst, and I wou...
Martin Salter | 464 c60 (Link to this contribution)
Has the Secretary of State had the opportunity to meet Liz Longhurst from Reading, who has campaigne...
Robert Marshall-Andrews | 464 c62 (Link to this contribution)
Will the Home Secretary give way?
Jack Straw | 464 c61-2 (Link to this contribution)
I am grateful to my hon. Friend for raising that issue. If I may on this occasion, I shall express m...
Helen Jones | 464 c61 (Link to this contribution)
The youth rehabilitation order will allow courts to impose drug treatment requirements, but it says ...
Jack Straw | 464 c61 (Link to this contribution)
My recollection, having read the Bill very carefully, is that the definition of NHS premises does no...
Jack Straw | 464 c65 (Link to this contribution)
I am concerned about that—I am coming before the right hon. Gentleman's Select Committee tomorrow an...
Lord Beith | 464 c65 (Link to this contribution)
In welcoming that return of a degree of judicial discretion, may I also remind the Lord Chancellor o...
Jack Straw | 464 c62-3 (Link to this contribution)
There is no dubiety about where those additional places have come from. A large proportion are new, ...
Lord Garnier | 464 c62 (Link to this contribution)
I am most grateful to the Lord High Chancellor, as he likes to be called, for giving way. Before we ...
Jack Straw | 464 c63 (Link to this contribution)
In a moment.
Prison is an essential component of the criminal justice system, but no one believes t...
Philip Davies | 464 c63 (Link to this contribution)
Will the Secretary of State give way?
Jack Straw | 464 c63 (Link to this contribution)
Would that that were the case. There is no doubt that the additional places that we have provided, a...
Philip Davies | 464 c63 (Link to this contribution)
Does the Secretary of State accept that it is blindingly obvious that the more criminals who are loc...
Jack Straw | 464 c63-5 (Link to this contribution)
No, I am answering an intervention from the hon. Gentleman's colleague.
The hon. Member for Shipley...
David TC Davies | 464 c63 (Link to this contribution)
Will the Secretary of State give way?
Sally Keeble | 464 c65 (Link to this contribution)
My right hon. Friend seems to have jumped over part 4, in which I am particularly interested, which ...
Jack Straw | 464 c68 (Link to this contribution)
The hon. Gentleman has given wise counsel. The starting point for the drafting of this measure is ce...
Evan Harris | 464 c68 (Link to this contribution)
I join the Secretary of State in calling for the creation of such an offence—that is the manifesto p...
Jack Straw | 464 c67-8 (Link to this contribution)
Yes. I too have received such representations. As with the provisions on incitement to religious hat...
John Redwood | 464 c67 (Link to this contribution)
Like the Secretary of State, I have no time for abuse of any kind, or for violence of the sort that ...
Jack Straw | 464 c67 (Link to this contribution)
Mullen was guilty on the facts of the serious terrorism charges against him, but there had been an e...
David Howarth | 464 c67 (Link to this contribution)
I, too, welcome the Secretary of State's announcement of an intention to review clause 26. Just to b...
Jack Straw | 464 c66-7 (Link to this contribution)
I am grateful for the interest that my hon. and learned Friend has taken in the matter. When we brin...
Robert Marshall-Andrews | 464 c66 (Link to this contribution)
Briefly, I welcome my right hon. Friend's approach to clause 26 and to what appeared to be an attack...
Jack Straw | 464 c65-6 (Link to this contribution)
That issue is not currently covered either by the ombudsman or by the statutory arrangements that we...
Chris Bryant | 464 c59 (Link to this contribution)
Another reason for introducing legislation is to overcome anomalies that may already exist in respec...
Jack Straw | 464 c60 (Link to this contribution)
My hon. Friend anticipates me, and I hope to ensure that he is satisfied with what I have to say.
L...
Jack Straw | 464 c59 (Link to this contribution)
I beg to move, That the Bill be now read a Second time.
Since 1997, crime has come down by a third ...
David TC Davies | 464 c80 (Link to this contribution)
Will my hon. Friend the shadow Minister accept the good wishes of the many victims of crime I know w...
Lord Herbert of South Downs | 464 c80-1 (Link to this contribution)
We have said that we will fundamentally review sentencing, so that we introduce bracketed sentences ...
David Heath | 464 c85-6 (Link to this contribution)
It is a pleasure to follow the right hon. Member for Leicester, East (Keith Vaz) in his first outing...
David Heath | 464 c87 (Link to this contribution)
We are going to hear it now, I hope.
David Heath | 464 c90-1 (Link to this contribution)
I am grateful for that response to the point of order raised by the hon. and learned Gentleman, who ...
Philip Dunne | 464 c110-1 (Link to this contribution)
I am grateful for that perceptive point. I agree that drugs are readily available within the prison ...
Philip Hollobone | 464 c69 (Link to this contribution)
Given that this is called the Criminal Justice and Immigration Bill, is it not disappointing that it...
Evan Harris | 464 c76 (Link to this contribution)
Will the hon. Gentleman clarify whether it is his intention to resile from the European convention o...
Subjects
Contains statistics
Yes
Librarians' tools
Timestamp
2024-02-08 18:02:39 +0000
URI
http://data.parliament.uk/pimsdata/hansard/PROCEEDING_65708
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/PROCEEDING_65708
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/PROCEEDING_65708