Rehabilitation of Offenders — House of Commons, 2019-06-05
Topic: Law and Crime
Robert James Buckland (Conservative, Centre-right): This might not have been the longest of debates, but I very much hope that those listening, particularly in the other place, will abandon their usual criticism of our House, because it has been a wide-ranging debate. It has included not only contributions from the Opposition Front Bencher—I am grateful to the hon. Member for Bolton South East (Yasmin Qureshi) for her warm words; we served together on the Justice Committee for a lengthy period and her background in law is well known—but important contributions in interventions from the right hon. Member for Delyn (David Hanson) and my hon. Friend the Member for Banbury (Victoria Prentis), and the contribution and speech of my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), the Chair of the Justice Committee Through the debate we have dealt with and, I hope, laid to rest some of the objections that have been raised. On the objection that somehow the prospect of the potential disclosure of spent convictions in the limited circumstances described might deter people from coming forward, it has been pointed out that witnesses can be and are summonsed under the 2005 Act inquiry process, so the question of their not choosing to come forward becomes somewhat more academic On the issue of challenge, I have already set out the five-stage test that the chair of an inquiry would apply before admitting into evidence and then publishing the details of spent convictions. Under the Maxwellisation process, before publication the chair and the inquiry secretariat will invite representations from people who might be referred to in a way that is adverse to their personal interest, and those people will then be able to make full representations before final publication. That is yet another check and balance in the inquiry system Let me say a few words of slight dissent from what my hon. Friend the Member for Bromley and Chislehurst said about always needing a former judge, perhaps, or someone who is legally qualified as chair. I pray in aid the independent inquiry into child abuse, which Professor Alexis Jay is chairing expertly. Of course, she enjoys the support of highly qualified lawyers: the counsel to that inquiry, Brian Altman QC, and his team are there to help to make sure that the inquiry keeps very much to the course of relevance, and they look carefully at how proceedings are conducted. Of course, those proceedings are ongoing, so I shall say no more about them out of respect for the independence of that important inquiry and its work The Government are absolutely committed not only to maintaining the protections in the Rehabilitation of Offenders Act 1974 but to looking into proposals for strengthening it. I look forward to engaging warmly with right hon. and hon. Members on that work. There is a strong case for adding the type of inquiry we have discussed to the exceptions order. An ad hoc approach would not be appropriate. I submit that the strong public interest that would be served by the proposal, the narrow nature of the extension, the checks and balances that will exist to protect the interests of those affected and the wider public interest should all drive the House to the conclusion that this draft statutory instrument should indeed be approved, and I commend it to the House Question put. The House proceeded to a Division.