It’s an early summer morning and, as I switch on my laptop, I observe the peaceful environment in which I am seated. The only noise I can hear is a sparrow’s song and the chime of a clock, which serve as a further reminder that it is time for my video call to begin.
I’m speaking with James Daly, the Conservative Member of Parliament for Bury North since 2019. I begin by congratulating Mr Daly on his successful election campaign and am reminded that it’s yesterday’s news. The MP may wonder why I chose to interview him, of all people, and I explain that his legal background makes him the perfect candidate for my first interview on criminal records and the Rehabilitation of Offenders Act. He has come across this particular piece of legislation “every day for a long time,” having practised criminal law as a solicitor based in Greater Manchester. I inquire as to whether he has ever taken on the role of prosecution lawyer, to which he replies, “No, only defence.”
James Daly knows more about the law than I do, so I do not patronise him by describing the Act. For the benefit of readers however, the Rehabilitation of Offenders Act received royal assent in 1974 and was thoroughly improved in 2014 by the then-Justice Secretary Kenneth Clarke. The ROA, as it is commonly referred to, is intended to encourage personal change, making life easier for those who have served a sentence but have since been living a law-abiding life. It is unlawful for an employer to refuse to recruit a person on the basis of a ‘spent’ conviction.
I ask Mr Daly if the definition of ‘criminal’ should apply to reformed characters. “That’s a question for a churchman,” he replies. “But I believe in redemption.” A discussion on the matter leads to Mr Daly sharing his opinion that a criminal act from one’s youth will not always define them. “There are some jobs, sensitive, caring professions, where an employer needs the facts,” he says. “But I trust our police to carry out fair and reasonable DBS checks where the background of the individual, and the nature of the job in question, is thoroughly considered.” As a follow-up, I question whether, in his view, there are crimes that must stay on an individual’s record forever. “A person who has committed a horrible sexual offence must disclose this if they wish to be, say, a primary school teacher.”
Critics of disclosure suggest the process can massively hinder a person’s chances of gaining meaningful employment. Mr Daly takes a contrasting view, and, when I ask him, he shares his reasons. “Information is never a bad thing, and it’s up to the employer to make an informed decision, taking into account the person’s circumstances and rehabilitation.” Nonetheless, he then adds that some employers may not be broad-minded enough for this, describing the current regime of disclosure as, “not perfect, but acceptable.”
The Rt. Hon. Lord Ramsbotham’s Criminal Records Bill is currently progressing through the House of Lords, following a previous attempt to make it law in 2017. If passed, the Bill will amend the Rehabilitation of Offenders Act, allowing more sentences to become ‘spent’ and reducing the time period for this to happen. James Daly did not receive an opportunity to voice an opinion during that 2017 debate, but I ask how he might have voted. “The Bill is before my time, so I haven’t read it,” he says. “But I have spent my whole life trying to give people second, third and fourth chances, and I believe in the power of change.” He continues, “In principle I support it, however, I do have personal experience of people who have withheld information about offences and then committed further crimes.”
My final question relates to politics, and whether he believes his personal opinion is consistent throughout the party’s 365 MPs. The party’s 2019 manifesto pledged ‘tougher sentencing for criminals,’ but, disappointingly, did not elaborate beyond that. “I couldn’t make a judgmental viewpoint on political organisations, for a wide variety of reasons,” he explains. “We all want a justice system that is fair, humane, reasonable, and gives every opportunity to support rehabilitation, and to avoid further offences.”
Elliot Tyler 