VIDEO: Knife law bid is defeated
Russell Steele • Published 1 Jul 2010 14:05
THE campaign to automatically jail all knife carriers was defeated by the thinnest of margins during a tense debate at the Scottish Parliament yesterday.
But supporters have vowed the relentless drive which began in Inverclyde more than two years ago will go on - and insist yesterday's debate will prove a watershed moment.
During heated clashes in the Holyrood chamber, Labour and Conservative MSPs queued up to push the case for mandatory minimum sentences of six months.
The Lib Dems and the SNP closed ranks to defeat the policy, which had been backed by the parliament's powerful Justice Committee.
It was halted by just two votes - 63 against to 61 for. But campaigners say that with an election less than a year away, and both Labour the Tories having pledged to introduce mandatory sentencing, it's not a matter of if, but when.
A 90-strong Inverclyde contingent travelled to the debate with the Tele, and packed Holyrood's public gallery during the debate.
Campaigners of all ages travelled to make their feelings known, from a 16-month-old tot, Kayla Nicol, to a 94-year-old pensioner.
The coaches, laid on by local firm McGill's, carried the family of Damian Muir, who was murdered by a knife-wielding thug in Greenock in the 2007 attack which sparked the Inverclyde community's Stop Knives Save Lives drive, led by the Tele.
Damian's parents were joined in parliament by the families of local murder victims Darren Pyper, William Lyall and David Hamilton, plus others who have been scarred for life in terrifying knife attacks, along with the family of murdered Lochwinnoch soldier Paul McGee.
They listened intently as Inverclyde featured at the heart of the discussion, with Justice Secretary Kenny MacAskill admitting the area had a particular problem with knife crime, then citing Greenock Sheriff John Herald as someone who did not agree with mandatory sentences.
Several MSPs also paid tribute to the campaigners as they sat in the public gallery.
As the tension rose, the crowd loudly applauded a speech by Greenock and Inverclyde MSP Duncan McNeil and even had to be told to quieten down by the Presiding Officer.
Mr McNeil said: "I welcome the campaigners in the gallery, including Margo Hagen, mother of Darren, Lexi Lyall, mother of William, Kelly McGee, sister of Paul, Georgette Neil, husband of Malcolm, and of course John Muir, father to Damian.
"John Muir has campaigned doggedly, effectively and with dignity against the evils of Scotland's knife culture.
"It would be a mistake by the SNP government and their supporters on the Lib Dem benches to see John Muir simply as a bereaved father speaking out only for his family's loss
"He also speaks for his neighbours in the Inverclyde community, for the West of Scotland, and for the 30,000 and more people across Scotland who supported the petition for action on knife crime.
"John Muir has won the popular argument against a government that has so far refused to listen, a government that by its actions would put more knife criminals on our streets."
But Justice Secretary Kenny MacAskill said: "We need to give our judges sufficient discretion to sentence individuals, not offences."
Tory justice boss Bill Aitken accused the Scottish Government of 'sitting on the sidelines' while 'slaughter' continued on the streets.
He said: "The justice committee got this right and the Government has got it completely wrong. It is completely at odds with public opinion."
But the pleas were to no avail and the proposal which would have jailed knife-carriers for six months was defeated by two votes.
The Government also passed a controversial law by three votes to end jail terms of three months or less, in all but exceptional circumstances. Offenders will now punishments called Community Payback Orders instead of jail which will begin their unpaid work within a week of being in court.
After the vote, Tele campaigners met for talks with Labour leader Iain Gray, party justice chief Richard Baker and local MSP Mr McNeil.
Mr McNeil told them: "It is now not a matter of if mandatory sentences are introduced, but when. The Government may have won the vote but have clearly lost the argument."
Mr Gray paid tribute to the Inverclyde campaigners, and said: "Your arguments convinced us on this issue. You have come a long way and my promise to you is simple - we will stay with you and we are not going to give up on this."
Tele editor Wendy Metcalfe added: "It was just two votes away and you can be assured that the Greenock Telegraph will not relent on this - we are less than a year away from an election.
"The fight is not over. Change doesn't come quickly sometimes but we will win this battle with everyone's help and be back here next year celebrating outside Holyrood."
At lunchtime, the victims' families joined in front of the Scottish Parliament to lay red carnations in memory of their loved ones.
The flowers, supplied courtesy of Greenock florist Harley's, were laid silently as large crowds gathered to watch.
The campaigners, who carried placards donated by local firm BEP Signs, then told the Tele of their reaction to the day's events.
John Muir said: "It is disappointing we have two local MSPs who decided not to vote in favour of our campaign. If they had, we would have won this vote 63-61. The fight does not just go on - it will now intensify."
Anna Hagen, Darren Pyper's gran, said: "It seems offenders always get all the help while victims get nothing. Darren would have been 17 this July - he would have been learning to drive. It's so upsetting."
Jason Trotter, who was slashed in an horrific 2007 attack in a Greenock bar, said: "It was disappointing to hear them talking about how putting these people in jail was wrong. They're more worried about these guys than the victims they have hurt."
TWO Inverclyde MSPs voted against mandatory sentencing on knife D-Day - when their vote could have won it for the campaign.
The SNP's Stuart McMillan and Lib Dem Ross Finnie, who are both list MSPs for the West of Scotland region, were among the 129 MSPs who cast their ballot yesterday.
The pair defended their positions not to support the call for tough sentences to lock up knife -carriers.
Mr Finnie, top, said: "I studied the evidence presented very carefully indeed.
"Custodial sentences do not deter people from carrying a knife.
"Liberal Democrat research has shown 94 per cent of those currently in prison for carrying offensive weapons have been in prison before - 60 per cent of them on offensive weapons charges. This is hardly an endorsement of the deterrent of mandatory prison sentences."
Mr McMillan, below, said: "Today has been the most difficult decision I have had to make as an MSP.
"I believe knife crime is a hugely important issue and one I have discussed with a number of constituents over the past year.
"After listening to the debate, I voted against the proposals for a few reasons.
"The professionals who work in the justice field have said they do not believe that mandatory sentences work.
"Finally, I do not believe the proposals brought forward by the opposition were actually mandatory. The Labour proposals included the line 'impose a sentence of imprisonment of at least six months unless the court is of the opinion that there are exceptional circumstances'.
"The inclusion of the words 'exceptional circumstances' clearly indicate the sheriff would still have the final say.
"The misinformation perpetuated by Labour on this extremely-sensitive issue has been unfortunate."
JUSTICE Secretary Kenny MacAskill sparked uproar during his closing remarks as he argued against mandatory sentencing.
In an attempt to highlight possible problems, he asked if it would be right to lock up a soldier back from Iraq who may be 'self-medicating' and who drunkenly picked up a knife at a party.
But his clumsy example sparked anger in the public gallery, where the family of hero soldier Paul McGee - who was murdered outside his own house after serving a tour of duty in Iraq - looked on in disbelief.
His sister Kelly said: "We aren't fighting a war in Iraq and he could have said Afghanistan. I feel like it was deliberate."
Port Glasgow MSP Trish Godman said: "Kenny MacAskill was so insensitive. To use this particular example, when there is a soldier who was safe in Iraq and not at his front door, was appalling.
Margo Hagen said: "I thought it was shocking - but Kenny MacAskill is a very arrogant man."
Labour justice boss Richard Baker called on Mr MacAskill to apologise.
GLARING inconsistencies between laws on gun and knife carrying were highlighted during the debate.
Labour justice boss Richard Baker questioned why automatic sentences for knives were being snubbed when they were in place for people caught with firearms.
He told the parliament the anomaly should be put right, given knives accounted for the overwhelming majority of the violent bloodshed on Scotland's streets.
He said: "We have mandatory minimum sentences for possession of firearms - and no similar process for knife possession."
This article appeared in Greenock Telegraph 01 Jul 10
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