Assaults on Emergency Workers (Offences) Bill — House of Commons, 2018-04-27
Topic: Law and Crime
Michael James Tomlinson-Mynors (Conservative, Centre-right): Let the lawyers’ dinner party commence! It is a great pleasure to follow the hon. Member for Rhondda (Chris Bryant)—I will say a few words about him in a moment—but an even greater pleasure to follow my hon. Friend the Member for Shipley (Philip Davies). I fear that he credits me with greater expertise than I possess, but there are real experts in this area in the Chamber—other lawyers. I look forward to hearing from my hon. Friends the Members for Cheltenham (Alex Chalk), for Banbury (Victoria Prentis), for Congleton (Fiona Bruce), for Witney (Robert Courts) and for Torbay (Kevin Foster). There may well be others I have not named who have expertise. [Interruption.] With regard to the hon. Member for Rhondda, who has just shouted across the Chamber from a sedentary position, it is a great pleasure to speak on his Bill. I congratulate him on the work that he has done, as has the hon. Member for Halifax (Holly Lynch). I myself piloted a private Member’s Bill that fell at the final hurdle, Third Reading, so I know how difficult it is to get the balance right in order to ensure that such proposals become law. I therefore pay tribute to the hon. Gentleman for all his work behind the scenes and in this place. He put me on the Bill Committee—I think I was a last-minute substitute, or perhaps just the last person to fill a space, but it was a great pleasure to have served on that Committee I will not speak at great length, but I want to elaborate on the points that I made on Second Reading and in Committee. In particular, I will speak to new clause 2 and amendment 9. I pay tribute to my hon. Friend the Member for Shipley, because I had tabled an amendment framed in almost identical terms to his in relation to extending the sentence in Crown court from 12 months to 24 months. Very bravely, two weeks later I withdrew that amendment, so I am delighted that he has tabled it and that we have the opportunity to debate it today As I said on Second Reading and in Committee, under clause 1(2), a person guilty of an offence could potentially be sentenced to the same amount of custody whether the case is tried in the magistrates court or in the Crown court. The clause says: "A person guilty of an offence to which this section applied is liable…on summary conviction, to imprisonment for a term not exceeding 12 months" and "on conviction on indictment"—that is, in a trial in a Crown court in front of a judge and jury—is also subject "to imprisonment for a term not exceeding 12 months" That is odd, which is why I raised it. I have done some research into this—my hon. Friend the Member for Shipley teed me up—and I cannot find a single example of another Bill that sets out exactly the same sentence for an offence tried in the magistrates courts as in the Crown court. We are breaking new ground, and it is therefore worth questioning whether that is appropriate I have challenged myself to find another offence against the person—assault-type—offence where the sentence in the Crown court is only 12 months. This where the expertise of my hon. Friend the Member for Cheltenham comes in. What do we as parliamentarians do when we come into the House of Commons first thing? We go and have a cup of coffee or a cup of tea in the Tea Room, and there I met my hon. Friend and challenged him to come up with another similar offence where the sentence in the Crown court was one of 12 months, and he too could not find one. I found two examples that may be relevant.