Clause 6 - criminal penalties
Legislative and Regulatory Reform Bill
11:00 am
Christopher Chope (Christchurch, Conservative)
The amendment would introduce some necessary safeguards and prevent the powers under the Bill being used to create new offences or to increase penalties for existing offences. Responding to the previous debate, the Minister said that as a result of the extra powers being taken by the Government it was reasonable that there should be an increase in safeguards, and he cited clause 5 as such a safeguard. I submit that clause 6 should be drafted on a similar basis to clause 5 covering all increases in penalties for existing offences and the creation of new offences irrespective of the maximum penalty for imprisonment.
This subject was referred to on Second Reading by the hon. Member for Wolverhampton, South-West (Rob Marris) and the Committee is less effective because of the hon. Gentleman’s absence from the Government Back Benches. [Interruption.] As the hon. Member for Cambridge said, he was not selected to serve on the Committee, and I wonder why.
The hon. Member for Wolverhampton, South-West said, in effect, that under the clause as drafted it would be possible for the Bill to be used to increase the maximum penalty for driving while using a mobile phone to 18 months’ imprisonment. It would be possible to incorporate minimum sentences of imprisonment up to two years. The Government have not often taken the route of minimum sentences but it would be possible to introduce a series of minimum sentences as long as they did not exceed two years. Those powers are far too extensive. If we believe in the liberty of the subject why should we not make it incumbent on any Government wanting to increase the penalties or to create new offences to do so using primary legislation?
This morning on the radio there was a bit of what I suppose was Government spin suggesting that the law relating to rape was inadequately defined because not enough people who were charged were convicted, and that the Government might wish to change the system relating to the criminal law covering rape.
If the Government think that when people are charged under the existing law and acquitted it is all rather embarrassing, what hope is there if they decide to amend what they would describe as anomalies or shortcomings using the accelerated procedure? It is impossible to conceive of situations in which any person who was subject to new criminal penalties or offences would not as a result suffer the loss of
“any right or freedom which that person might reasonably expect to continue to exercise.”
I quote from one of the preconditions in clause 3. That short point does not need to be laboured in debate, but I hope that the Minister will explain why he wishes to take these extensive powers and why he is not making criminal offences and criminal penalties subject to the same safeguards as he applied on taxation in clause 5.