Chris Huhne
Liberal Democrat MP for Eastleigh
Labour’s 4,300 new ways of making you a criminal – Huhne
The Government has created more than 4,200 new criminal offences since it came to power in 1997, research by the Liberal Democrats has found.
The figures, released in Parliamentary answers, show:
Between 1997 and 2009, 4,289 new criminal offences were created, approximately one for every day ministers have been in office
The rate at which new offences are being created is increasing. Under Tony Blair, new criminal offences were created at a rate of 27 a month but under Gordon Brown’s premiership, this has risen to 33 a month
The Liberal Democrats are calling for an end to this excessive criminalisation with the creation of a ‘stop unit’ in the Cabinet Office. Every department in Whitehall would have to convince this small legal unit the need for a new offence.
Commenting, Liberal Democrat Shadow Home Secretary, Chris Huhne said:
“This splurge of new criminal offences shows that the Government has learned nothing.
“Three times the Liberal Democrats have asked for an update on the number of new criminal offences and it is staggering that the problem is getting worse rather than better.
“This legislative diarrhoea is not about making us safer, it is merely ministers posturing on penalties.
“Many of these offences are worthless, as they duplicate offences which could perfectly well have been used instead.
“Whitehall urgently needs a stop mechanism which ensures that departments must check first whether the behaviour they dislike can be prosecuted already.
“The legacy of Labour is hyperactive law making that has spread confusion among police officers, judges and every other professional who has to deal with this cascade of nonsense.”
Notes to Editors
1. A spreadsheet is attached giving full details. The Liberal Democrats calculated in May 2008 that 3,622 criminal offences had been created since 1997. Since then, a further 667 have been created, giving a new total of 4,289. This total includes taking away all the offences that have been abolished in the same period.
2. The Liberal Democrats asked every Government department how many criminal offences had been created and abolished by primary and secondary legislation since May 2008.
Here is an example of an answer to a Parliamentary Question on primary legislation:
Here is an example of an answer to a Parliamentary Question on secondary legislation:
A full list of all the answers from each department is available on request.
3. Some departments have not replied. DEFRA, the Cabinet Office, the Wales Office and the Scotland Office have not answered on primary legislation and the DWP on secondary legislation. This is detailed in the key to the spreadsheet.
4. Many departments did not know how many criminal offences had been created and abolished by secondary legislation since May 2008, claiming it could only be established ‘at disproportionate cost.’ This is detailed in the key to the spreadsheet. The Liberal Democrats then did a manual search of secondary legislation in that period. The departments that did not know included the Ministry of Justice and DBIS:
5. Since 1997, there have been 69 Home Office and Ministry of Justice Bills.
6. A copy of Chris Huhne’s speech to the Liberal Democrat Lawyers Association tonight [Friday] in which he will outline why he believes this ‘legislative diarrhoea’ is taking place and getting worse, and the measures needed to stop it is attached.
7. In a letter to Jack Straw, Chris Huhne outlined a sample of eight offences that were unnecessary. After an exchange of letters, the Liberal Democrats believe that six were confirmed as being unnecessary. These are:
A. Disturbing a pack of eggs when directed not to by an authorised officer. (SI 2007/2245, Eggs and Chicks (England Eggs for Hatching and Chicks) 13.1c&8a. and SI 2008/1718).
B. Causing a nuclear explosion. (Nuclear Explosions (Prohibition and Inspections) Act 1998).
C. Sells or offers for sale a bird of game killed on a Sunday or Christmas Day. (SI 2007/2007 Regulatory Reform (Game) Order 2007, amendment to Game Act 1831 s. 3A).
D. To wilfully pretend to be a barrister.
E. Obstruct workers carrying out repairs to the Docklands Light Railway.
F. Land a catch of unsorted fish at a harbour without permission.
8. A copy of the letters involved in the exchange between Jack Straw and Chris Huhne are attached. This is just a small sample of the 4,200 offences created. Lots more are likely to be unnecessary but would require the detailed legal examination of every offence.