argyrotsipi/train-dataset huggingface dataset:
Modernising Defence Programme — House of Commons, 2018-01-25
Topic: International Affairs
Paul Phillip Flynn (Labour, Centre-left): Is not the wild and petulant infantilism of the statements by our world leaders a great threat to the security of the world, and does not history tell us that the greatest accelerant to war is an expectation of war, which we are fuelling at the moment? Would it not be far better for us to look to the great work we could do now in peacekeeping on the border in Bangladesh, rather than be thinking of war making?
Public Administration and Constitutional Affairs Committee — House of Commons, 2018-01-25
Topic: Government Operations
Christian John Patrick Matheson (Labour, Centre-left): I thank the hon. Gentleman and his Committee for their powerful report and for the statement he has just made. The Opposition are committed to bringing this issue to the top of the political agenda and to seeking reform, as not a week seems to go by without the exposure of some conflict of interest in the heart of Government. Bearing in mind his statement and his report, does the Chair of the Select Committee agree that the report raises serious questions of governance and confirms that this is a Government of the few, by the few and for the few?
Public Administration and Constitutional Affairs Committee — House of Commons, 2018-01-25
Topic: Government Operations
Paul Phillip Flynn (Labour, Centre-left): The Government’s conduct in responding to the report reinforces the public’s view that we here are acting in our own private interests, not in the public interest. Is it not significant that a Prime Minister who did not lift a finger during his period in office in answer to pleas for reforms to jam the revolving door has now taken advantage of that period of office to take a job in China, with which he worked when in Government? Will the Chair of the Public Administration and Constitutional Affairs Committee explain to us why George Osborne did not come to the Committee to explain why he had five meetings with BlackRock, why he altered the law in its favour and why, after losing office, he took a job with them on £650,000 a year for one day’s work a week? If that is not an egregious example of the abuse of the revolving door, it is hard to see what is. We have a shameful record, and perhaps the Chair will agree that the public will rightly regard us with contempt and as unfit to police our own affairs.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Lucy Maria Powell (Labour, Centre-left): I beg to move, That this House notes the Supreme Court judgment in the case of Jogee and Ruddock of February 2016 that the law on joint enterprise and parasitic accessory liability had been wrongly interpreted for more than 30 years; further notes that since that judgment, the number of cases brought under joint enterprise has remained unchanged; further notes that there have yet to be any successful appeals of cases from before February 2016; and calls on the Government to review the use of joint enterprise and to bring forward legislative proposals to clarify the law on joint enterprise I welcome you back to your place in the Chair, Mr Deputy Speaker, and I am sure that the whole House will join me in wishing you and your family all the best; I know that it has been a very difficult few weeks for you I thank the Backbench Business Committee for accepting the application for this important debate, and I thank the right hon. and hon. Members who supported that application, particularly the right hon. Member for Sutton Coldfield (Mr Mitchell), the hon. Member for Bromley and Chislehurst (Robert Neill) and my right hon. Friend the Member for Tottenham (Mr Lammy), all of whom were co-sponsors of the application. I also thank the families and campaigners on joint enterprise, who are known as JENGbA—Joint Enterprise: Not Guilty by Association—and many of whom are in the Public Gallery today. They have never given up in their fight for justice for their loved ones Why are we having this debate now? It is nearly two years to the day since the Supreme Court made a landmark ruling that the law had taken a "wrong turn". That followed years of campaigning and high-profile and seminal documentaries and films, such as "Common" by Jimmy McGovern. Since then, however, nothing of substance has actually changed. In the run-up to the ruling, the campaigners highlighted how, particularly in murder cases, secondary parties were too often receiving mandatory life sentences for having a lesser part or no significant part when compared with the principal party. They also showed that the evidential threshold was much lower than would normally apply to murder, particularly the notion that secondary parties "might" have foreseen the actions of others, rather than having knowingly foreseen them At the time of the ruling, campaigners, parliamentarians and others viewed it as a victory and had confidence that injustices would be put right and that the use of joint enterprise would be more limited going forward. However, two years on, the Supreme Court ruling feels increasingly like a pyrrhic victory, with no case from the 30 years in which the "wrong" law was applied being awarded an appeal, and many new cases with all the hallmarks of the old cases being successfully prosecuted.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Siobhain Ann McDonagh (Labour, Centre-left): I congratulate my hon. Friend on securing a debate on this difficult issue, which is not a small matter. Does she agree that 4,500 people are currently in prison having been caught by the wrongful application of joint enterprise law? Men, women and children are serving long sentences for crimes that they did not commit.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Barry John Sheerman (Labour, Centre-left): I congratulate my hon. Friend on securing this debate. This crucial issue is a priority for the newly formed all-party parliamentary group on miscarriages of justice The particular case of Alex Henry is of great importance. I chair the Westminster Commission on Autism, and several people in this ghastly predicament are on the autism spectrum and have been taken totally out of care.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Lucy Maria Powell (Labour, Centre-left): I thank my hon. Friend for raising that particular case, and I know the family are here today. The case has many of the hallmarks that we will come on to discuss We are now seeing a new generation of joint enterprise lifers in prison. The Supreme Court says it is "the responsibility of the court to put the law right" But many of us have come to the conclusion that the criminal justice system will not right itself, and is not righting itself, in relation to joint enterprise, and that we need to act. That is why Members on both sides of the House have joined together to send a strong signal both to the Government and to prosecutors and others that the way in which we continue to apply the law and the incredibly high bar that has been set for previous unsafe convictions to be reheard need to be redressed.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Graham Eric Stringer (Labour, Centre-left): I congratulate my hon. Friend on bringing this important subject to the Floor of the House. I have had reason to represent one of my constituents, Jace Ryan Smith, who was convicted and sentenced to 31 years under joint enterprise. He was doubly punished recently because he was not allowed to go to his grandmother’s funeral, not because of anything he had done wrong but because Greater Manchester police thought he may become a victim of another gang. Is not the real problem with joint enterprise that people are punished and given long prison sentences of more than 30 years for actions they did not carry out themselves?
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Lucy Maria Powell (Labour, Centre-left): I wholeheartedly agree with my hon. Friend’s sentiments, and I will address some of that in my speech With hundreds of lifers in prison after being convicted under what the Supreme Court views as a wrong application of the law, this is potentially one of the biggest and most widespread miscarriages of justice ever to face our justice system. As such, I fear that the cosy club of the criminal justice establishment is closing in on itself to prevent this from ever being fully exposed What is joint enterprise? Joint enterprise has been applied in cases for more than 300 years, although it is a common law that has never been passed by Parliament. The doctrine allows for more than one person to be charged for the same offence, despite the fact that they may have played a different role, or no role, in the crime. Joint enterprise applies to all crimes, but in recent years it has been particularly used as a way to prosecute murder, especially, but not exclusively, in cases involving groups of young men This is obviously a very emotive issue, particularly for families of murder victims, and no one is suggesting that those who commit murder, or who knowingly and intentionally assist in committing murder, should not face the full force of the law. However, nor should the evidential bar for serious offences like murder be lower, by virtue of presence or association with the principal offender, as we have all too often seen Indeed, there are many cases, many of which I am sure will come to light today, in which people are serving life sentences when it is clear that they did not commit murder but were found guilty under the "old" or "wrong" law of parasitic accessory liability. Furthermore, many others who were convicted as secondary parties are carrying the same sentences as the principal based on a prosecution narrative of gang and association, even though intent and foresight are unproven and the secondary party was not physically present or had withdrawn from the scene When one looks at the profile of those convicted of murder, there is a further flaw in how the doctrine is applied. The majority are of black and ethnic minority backgrounds, and the vast majority are young, with many teenagers serving life for a secondary or parasitic role. I will say more, as will others, but we have to ask questions about the disproportionate use of such doctrines in cases involving certain communities The political context is also relevant to this debate.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
David Lindon Lammy (Labour, Centre-left): Does my hon. Friend recognise that where 14, 16 and 19-year-olds have gone to prison for significant periods of time when it is absolutely clear to the community that they have not committed murder, as happened in her community of Moss Side, it undermines the black community’s sense of justice, fewer people co-operate with the police, fewer people have faith in the justice system and it undermines all she is attempting to do?
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Lucy Maria Powell (Labour, Centre-left): I fully agree with my right hon. Friend the Member for Tottenham (Mr Lammy), but I will try to make some progress There was a political context when the joint enterprise law began to be overused and extended in its use during the 1990s and the noughties, but there is a different political context today. As my right hon. Friend has just said, we now more clearly understand the consequences of disproportionate and unfair applications of the law against certain groups. I am pleased the Government recognised that when they launched the Lammy review and in the Prime Minister’s recent comments on "burning injustices"—I hope she can live up to that rhetoric Practice and the law have been far too slow to catch up with the changing mood in the country. I will briefly discuss what the Supreme Court ruling does and does not say, and what still needs to be addressed. First, the ruling is clear that the law governing secondary liability has taken a "wrong turn" and has resulted in the "erroneous" application of the law. However, it also sets out that, in order for appeals to be heard "out of time," a substantial injustice test, not the usual unsafe conviction test, will be applied. Yet the substantial injustice test was not clearly set out in the ruling and has never been set out by Parliament. The substantial injustice test has subsequently been tested through case law and is now an almost impossibly high bar for people to clear. That is why, nearly two years on, there has yet to be a single successful appeal awarded by the Court of Appeal Finally, in our opinion the Supreme Court failed to address another question put before it: does joint enterprise over-criminalise secondary parties What needs to change in the law—first, what needs to change going forward, and secondly, how can we put right some of the injustices of the past? It is clear that joint enterprise continues to be overused and is disproportionately used against groups of young men, particularly those from black and ethnic minority backgrounds. I saw that at first hand in a recent case in which 11 young black men from Moss Side faced charges of murder. Seven of them were convicted of murder and four were convicted of manslaughter. The youngest was only 14 and many of them were not previously known to the police. As research by Manchester Metropolitan University has shown in its study "Dangerous Liaisons", more than half of all those serving life sentences are children or young adults, and more than half are from a black and ethnic minority background.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Barry John Sheerman (Labour, Centre-left): I am reluctant to intervene on such a good speech, but the hon. Gentleman knows of my interest as co-chair of the all-parliamentary group on miscarriages of justice. Does he not think that the Criminal Cases Review Commission is lacking in that it does not intervene enough, or early enough or persistently enough in these cases?
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Stephen Pelham Pound (Labour, Centre-left): Absolutely. The Supreme Court ruled that the law had been interpreted incorrectly, but that is only half of it. Interpreting the law incorrectly is one thing, but righting the wrong is what has to happen now.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Stephen Pelham Pound (Labour, Centre-left): The hon. Gentleman has indicated a way forward. He knows the case of Craig and Bentley, which I remember very well indeed. Let us not forget that one of them was hanged in a joint enterprise. Is it not a salutary thought that if the present law on joint enterprise had been applied when we had the death penalty, 20 young men would have been hanged. Can you imagine? If everybody in a group of people where somebody dies was said to be guilty, as with Craig and Bentley, would they then all have been hanged? The mere thought of that is so horrific—so disgusting—that it surely brings into sharp relief the insanity of this legislation and the idea that this great blanket of culpability is cast over a whole group of people. This law is nonsensical. It is cruel; it is brutal; it is outdated; and it has to go Amazingly, this is the first time that we have debated this subject on the Floor of the House. I hope that today will be the beginning of a process that leads to people like Alex Henry seeing daylight, and his child and his family, again. When I last saw Alex—I have visited him a couple of times—he was keeping his head down and keeping his nose clean. He was working in the kitchen. He actually had kind words for the staff at HMP Whitemoor, but the hope was going out of his eyes. You could actually see him looking at that long, long stretch ahead of him. As my hon. Friend the Member for Huddersfield (Mr Sheerman) mentioned, Alex is a man on the autism spectrum. In his appeal, evidence was submitted on his behalf by none less than Professor Baron-Cohen. One cannot get a higher authority than that. Was that opinion accepted? Clearly not, because my constituent is still in prison. He is a young, autistic man who, for 40 seconds of his life, did not stop something happening. He did not do anything wrong; he did not stop it happening. Can it really be right in this day and age that the law we are all sworn to uphold—that we are a part of as part of the establishment of this country—is having that impact on people, disproportionately on young black men, and disproportionately on the innocent I profoundly hope that this debate is one of those occasions when something really good comes from this place—where we put down a marker to say, yes, we thank JENGbA for all its work, but even without JENGbA, in our own heart of hearts, in our own knowledge and analysis of the situation, we realise that this stinks. It is wrong—dangerously, destructively, corrosively wrong. We have to do something about it. Let today be the day that we consign the present interpretation of joint enterprise to the dustbin, move forward and bring the law back into repute—take it away from ill-repute. I hope that Kenneth Alexander and Alex Henry can then take their rightful places in society where we want them to be. May they be here in the House of Commons, in the Gallery or wherever, rather than behind bars at the nation’s expense. We cannot go on like this.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Mohammed Afzal Khan (Labour, Centre-left): I want to put on the record my thanks to my right hon. Friend for the work he has done with his review. I also thank my hon. Friend the Member for Manchester Central (Lucy Powell), who represents a neighbouring constituency This issue has also touched the lives of my constituents. Yesterday, I spoke to Louise Otway, whose son was sentenced to 30 years under joint enterprise. I am concerned by two issues, as a former serving police officer in the Greater Manchester police and as a practising solicitor. My first concern is that, although the Supreme Court has said that the law has taken the wrong turn, nothing has been done to put that right, which is not acceptable. Secondly, as is becoming clear from listening to my hon. Friends, BME and working-class defendants are over-represented, with the use of gang narratives playing into the stereotyping and targeting of these groups. Does my right hon. Friend agree that it is essential we have greater transparency, through the official statistics, about the make-up of joint enterprise defendants?
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
David Lindon Lammy (Labour, Centre-left): My hon. Friend’s point is exactly right. The issue is: what would happen if the principal’s intent was graver than the accessory’s? In all the cases that have been mentioned, that is absolutely the case. What would happen if the outcome of whatever act the principal carries out is far graver than the accessory was aware of? Getting into questions about the foresight and intent of a young adult is next to impossible, given all that we know in modern times about child psychology, so it is absolutely right that young people should not be convicted in those cases.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Ruth Margaret Cadbury (Labour, Centre-left): I thank the right hon. Gentleman so much. Anybody who has had any contact with people who have been diagnosed with autism at a later stage knows that the condition is often not diagnosed early. Many people go though many difficulties in their lives before being diagnosed, if at all. Alex was one of those in that unlucky situation. Because autism is an invisible disorder, many assessments found traits of autism as highlighted in Professor Baron-Cohen’s report. That could be a factor in appeals The refusal of Alex’s appeal has left the family devastated, as the House can imagine, but they are determined to see him proved innocent. In their view—and mine, from what I know of the case—he is not a murderer. How many people in prison for joint enterprise have undiagnosed autism? We need to look at that Since Alex’s appeal was rejected last year, his sister Charlotte has applied to challenge the "substantial injustice" at the Supreme Court. The family are also taking Alex’s case to the European Court of Human Rights. They believe that joint enterprise breached article 7 of the European convention on human rights and the principle of legality that holds that there shall be no punishment without law. Since those convicted under joint enterprise were not actually convicted under a true law, their presumption of innocence under article 6(2) remains, and it is breached by the need to prove that the change in the law would have made a difference In October 2016, the Select Committee on Justice, on which I have the pleasure and honour of serving, wrote to the chair of the Law Commission to suggest that it review the law of joint enterprise, given the lack of legal clarity in the wake of the Jogee judgement—particularly on how juries should be directed on the question of intention. Unfortunately, the final version of the 13th programme of reform omits any work on joint enterprise. I know, however, that the Justice Committee’s Chair will continue to push those points.
Joint Enterprise — House of Commons, 2018-01-25
Topic: Law and Crime
Ruth Margaret Cadbury (Labour, Centre-left): Like the hon. Gentleman, I look forward to the Minister’s response As we have heard, the Justice Committee also wrote to the Director of Public Prosecutions suggesting clarification on the intention of the defendant. I support the clear demands put forward by my hon. Friend the Member for Manchester Central: proportionality, the need for proper data, a review of the CPS guidance and a review of older cases. All those are essential, and we look forward to the Minister’s response on all those issues For the sake of Alex, the thousands of others imprisoned under joint enterprise and their loved ones, I support the calls of colleagues across the House that the injustice be rectified. Let us right the wrong. If we really want to address knife crime, let us learn from the places that have actually brought it down.