Police, Crime, Sentencing and Courts Bill (Sixth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 25th May 2021
(3 years, 6 months ago)
Public Bill CommitteesPolice, Crime, Sentencing and Courts Act 2022 View all Police, Crime, Sentencing and Courts Act 2022 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 25 May 2021 - (25 May 2021)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
When we adjourned this morning, I was agreeing with the hon. Member for Croydon Central that special constables make a vital contribution to keeping communities safe, through their professionalism, dedication and sacrifice. Increasingly, as they fulfil a range of specialised and frontline roles, they face the same risks as regular officers while on duty. Given that they share the range of powers that regular officers can deploy, we are very pleased to have included this clause in the Bill.
The hon. Lady asked me about the funding. We understand that the Police Federation is currently exploring funding options for specials’ membership. The Home Office currently provides free access to an insurance policy for all special constables, to cover the costs of legal advice in the event of disciplinary and misconduct proceedings. We have no plans at present to withdraw from that insurance. I commend clause 3 to the Committee.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Meaning of dangerous driving: constables etc
Question proposed, That the clause stand part of the Bill.
Allan Dorans (Ayr, Carrick and Cumnock) (SNP)
On an almost minute-by-minute basis, highly trained police drivers respond to emergency calls on all our behalf. They rush to incidents of danger when others run away. They are highly trained and they deserve the protection afforded by the Bill, and to be judged by the standard of the training they have received, rather than the standard of a normal driver. This may seem a relatively unimportant feature of the Bill, but it is extremely important to the police officers who undertake these dangerous duties. It is a matter of great interest and concern that they should not be treated as criminals when all they are actually doing is performing their duties to the best of their abilities.
Victoria Atkins
Clauses 4 to 6 provide a new test to assess the standard of driving of a police officer. Should an officer be involved in a road traffic incident, this new test will allow courts to judge their standard of driving against a competent and careful police constable with the same level of training, rather than against a member of the public, as at present. Clause 4 applies the new test to the offence of dangerous driving, while clause 5 makes similar provision in respect of the offence of careless driving.
We believe that police officers need to be able to do their job effectively and keep the public safe. We are aware of concerns among some police officers over the legal position when pursuing suspected offenders or responding to an emergency. The hon. Member for Croydon Central asked about different standards of training. The proposed changes seek to strike the right balance between enabling the police to keep the public safe on the roads and pavements, apprehending criminals around the country who would otherwise pose a threat, and effectively holding to account the minority of officers who drive inappropriately.
The National Police Chiefs’ Council has worked closely with police forces to standardise police driver training across England and Wales. This will ensure that police drivers are trained to a similar standard, depending on their role, and that the legal test for police drivers will have a fairer comparator. This will also include different levels of training to reflect the training and skills that each role requires.
Sarah Jones
The NPCC made exactly that point: people will have different levels of training. It just wants reassurance about officers who are not trained to do something that they end up having to do in the line of duty. Will they be affected because they have not had a very high level of training when, for example, pursuing somebody?
Victoria Atkins
This will include different levels of training to reflect the training and skills that each will require, so that difference is reflected. We are pleased to introduce these clauses. There is a careful balancing act between the interests of the law-abiding public and police officers while ensuring that standards are maintained on the road. These provisions will also extend, I am happy to say, to police driving instructors when they carry out advanced police driving techniques for the purpose of teaching trainee police driving instructors and trainee police drivers in the territorial police forces and other police forces. We believe that this new test strikes that balance, so I commend the clauses to the Committee.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clauses 5 and 6 ordered to stand part of the Bill.
Clause 7
Duties to collaborate and plan to prevent and reduce serious violence
The Chair
Before we move on, I remind colleagues that they are meant to address the Chair. I am seeing quite a lot of backs. I do not mind seeing backs occasionally, but it does help Hansard writers and everybody here if we have a little bit of fluidity and motion. I call the Minister.
Victoria Atkins
Sir Charles, I am probably the worst offender for that, so forgive me—I will try to face forward.
Before I turn to the specifics of the amendments, it may assist the Committee if I set out why we feel it necessary to create the duty. Serious violence has a devastating impact on victims and their families. It instils fear in communities and it is extremely costly to society. It is always difficult to talk about economic cost when we are talking about children in harm and grieving families and so on, but there is an economic cost as well.
Incidents of serious violence have increased in England and Wales, and it is for that reason that we have decided to introduce the serious violence duty. The duty is a key part of the Government’s programme of work to prevent and reduce serious violence. It involves taking a multi-agency approach to understand the causes and consequences of serious violence, focusing on prevention and early intervention, informed by evidence. In addition to tough law enforcement, we need to understand and address the factors that cause someone to commit violent crime so that we can prevent it from happening.
Analysis of responses to our 2019 public consultation, which tested options for a public health approach to tackling serious violence, found an overall consensus that a legislative approach was preferred to a voluntary, non-statutory approach. We know that that is already being undertaken in some areas, such as those with a pre-existing violence reduction unit, but there is inconsistency across England and Wales. We envisage that the duty will create the conditions and legal basis to bridge that gap.
At its core, the duty will require specified authorities to work together and share data and intelligence. They will also need to formulate an evidence-based analysis of the problems associated with serious violence in their local area, and subsequently produce and implement a strategy detailing how they will respond to those particular issues. The duty will be placed on specified authorities from the police, justice, fire and rescue, health and local authorities. Education, prison and youth custody authorities will be under a separate duty to co-operate with the specified authorities where required; they can also choose to collaborate voluntarily with the specified authorities, or with each other, should they wish to do so. There will be requirements for authorities to consult all such institutions in their area as they prepare their strategy.
We know how important it is that we get implementation of this new duty right and that we ensure that the authorities understand what will be required of them. That is why we have published draft statutory guidance to support the implementation of the new duty. That guidance, which is available to hon. Members now, explains the requirements of the new duty and provides advice on how they can be met effectively, including examples of good practice. We have done that precisely because we want Parliament, charities and others to examine the document and feed in their thoughts on how it can be improved, ensuring that the guidance is as effective as it can be ahead of implementation of the new duty.
Sarah Champion
When the national referral mechanism was introduced, I was struck that the responses to my freedom of information requests showed that it was not UK children who were being referred. There was a perception that it was international children, whereas the act of trafficking can mean literally taking a child from one side of the street to the other. Has the situation changed, and will anything in this work make that apparent to local authorities and other safeguarding organisations?
Victoria Atkins
I am extremely grateful to the hon. Lady for her question. Sadly, the situation has changed and now the most common nationality of potential child victims of modern slavery is British. As she knows, the NRM is more than a decade old. The criminal world has moved on and the needs of the children we are trying to help, as well as those of adult victims, have changed.
The transformation programme is looking at whether there are different ways in which we can help victims, depending on the safeguarding arrangements that may already be in place and whether children have any family or parental links with this country. Clearly, the needs of a child from Vietnam who has no family links in this country may be very different from those of a child who has been born and brought up here, with parents looking after them and with brothers and sisters. We are trying to find ways to address the needs of all victims, but particularly child victims in this context.
Local authorities are of course already responsible for safeguarding and promoting the welfare of all children in their area, including child victims of modern slavery. Children’s services must already work in close co-operation with the police and other statutory and non-statutory agencies to offer child victims of modern slavery the support they require. With the background and context that it is already mandatory, we therefore conclude that it is not necessary to include that as a further requirement in the Bill.
I turn to amendment 92 and an early help strategy. The hon. Member for Croydon Central is right to point to the need for a focus on prevention, which is a key part of what the duty seeks to achieve. Early intervention is an important part of prevention work and reducing serious youth violence. The duty already sets out the responsibilities of specified authorities and the work they are to undertake, which includes risk factors that occur before a young person has become involved in serious violence. The specified authorities, including the local authority that has responsibility for children’s social care, will be required to consult education authorities in preparing the strategy. They can also be required to collaborate on the strategy. As such, the provision should already ensure that a strategy to reduce and prevent serious violence would encapsulate early help for this cohort, so we do not believe that an additional strategy is required. Again, I refer to the draft statutory guidance that already has early intervention running throughout it. Indeed, we plan to add case studies before formal consultation, to help explain and guide multi-agency partners.
On amendment 93, children’s social care authorities have a crucial role to play and significant insights to share, particularly for those young people at risk of becoming involved in serious violence, child criminal exploitation or other harms. However, local authorities that are already named as a specified authority under the duty are responsible for children’s social care services. Therefore, for the reasons I have already outlined, we do not believe it necessary for the clause to contain the explicit requirement to consult such services, because they are within the definition of local authority. Again, we will make it clear, as part of our draft statutory guidance on the duty, that social care services, among other vital services for which local authorities hold responsibility, must be included.
We believe that amendment 82 is also unnecessary, given the functions conferred on local policing bodies by clause 13, which are intended to assist specified authorities in the exercise of their functions under the duty and to monitor the effectiveness of local strategies.
I turn to new clause 17 and the important issue of child criminal exploitation. I thank the hon. Member for Rotherham for setting out the case for providing in statute a definition of child criminal exploitation. Child criminal exploitation in all its forms is a heinous crime, with the perpetrators often targeting and exploiting the most vulnerable children in our society. We are determined to tackle it. There is already a formal definition of child criminal exploitation included in statutory guidance for frontline practitioners working with children, including “Keeping children safe in education” and “Working Together to Safeguard Children”. In addition, as the hon. Lady noted, the definition is also included in the serious violence strategy, published in 2018, the Home Office’s “Child exploitation disruption toolkit” for frontline practitioners, and the county lines guidance for prosecutors and youth offending teams.
We have discussed the introduction of a further statutory definition with a range of organisations and heard a range of views. On balance, the Government have concluded that there are risks with a statutory definition. Some partners highlighted the changing nature of child criminal exploitation. Inherent to such exploitation is that it evolves and responds to changes in the criminal landscape and the environment. As such, there are concerns that a statutory definition could prove inflexible as the nature of child criminal exploitation adapts.
In addition, as the hon. Lady has rightly noted, the independent review of the Modern Slavery Act, conducted by Frank Field—now Lord Field—and by my right hon. Friend the Member for Basingstoke (Mrs Miller) and Baroness Butler-Sloss, considered the definition of child criminal exploitation under the Act and concluded that it should not be amended, as the definition currently in place is sufficiently flexible to meet a range of new and emerging forms of modern slavery.
We believe that our focus should be on improving local safeguarding arrangements to identify and support victims of child criminal exploitation, and on working to ensure that the right support is in place locally to protect these very vulnerable children.
Sarah Champion
I appreciate, foresaw and understand all the objections that the Minister raises. As she is a former barrister and someone who uses the law, does she agree that it would help to have a definition, as our witnesses said?
Victoria Atkins
Well, we do have the definition in the Modern Slavery Act. Modern slavery cases are notoriously difficult to prosecute because, as with other hidden harms, they require the involvement of often very vulnerable people, including adults as well as children. They include people who might not have English as a language at all, let alone as a first language, and people who might be targeted precisely because of their vulnerability. Although we are looking very much at the context of children, we know that vulnerable adults have their homes taken over by county lines gangs to cuckoo and sell their drugs from, with all the horrendous violence and exploitation that vulnerable adults have to endure as part of that.
We will continue to look at this. As evidence develops, we will be open to that, but, on balance, we have concluded that it is preferable at this stage to focus on the local multi-agency safeguarding arrangements, and to work on the serious violence duty to get a level of understanding of all the good practice taking place at the local level, which the hon. Lady and others have talked about.
One should not view the Bill as being the only thing that the Government or safeguarding partners are doing to address concerns. We have increased the dedicated support available to those at risk and involved in county lines exploitation, and have provided funding to provide one-to-one caseworker support from the St Giles Trust to support young people involved in county lines exploitation. We are funding the Children’s Society’s prevention programme, which works to tackle and prevent child criminal exploitation, child sexual abuse and exploitation, and modern-day slavery and human trafficking on a regional and national basis.
We are also working on a public awareness campaign, #LookCloser, which was rolled out nationally in September and focuses on increasing awareness of the signs and indicators of child exploitation so that the public and frontline services report concerns quickly to the police. As I say, on balance, at this point, we do not believe that a statutory definition is the correct approach, but we are focusing on practical responses to exploitation.
On new clause 47, I have great understanding as to why the hon. Member for Croydon Central tabled it. It would require specified authorities to prepare and implement a strategy to prevent and reduce child criminal exploitation and to safeguard affected children. We have, however, built flexibility into the duty to allow areas to decide which specific crime types are a priority locally. We have done that deliberately so that local areas can react to what is needed in their areas. Indeed, the draft statutory guidance sets that out. Under the duty as drafted, the specified authorities will already be able to include child criminal exploitation in their local serious violence strategies, should that be of particular concern to them. I very much understand the motivation behind the new clause, but we are not convinced that a separate strategy is necessary.
Victoria Atkins
I do not assume that the duty and the draft statutory guidance preclude that consistency of standard; but in this arena and also with other crime types that are hidden and which prey upon vulnerable people, I am very keen that we encourage innovation. We are seeing some really interesting work being conducted through the Youth Endowment Fund. The hon. Gentleman may be familiar with that; it is a fund that stretches over a decade. It is protected money of £200 million that is being invested across the country and is evaluated very carefully in order to build a library of programmes that work—and also programmes that do not work: we need to know both those things, to help local commissioners make good decisions about what they should be funding with taxpayers’ money. I am keen that we enable that sort of innovation.
Of course, consistency of standards is one of the reasons why we want to introduce the duty—precisely because we are aware that those areas that have VRUs may well be a few steps ahead of other parts of the country that do not have them because they do not suffer the same rates of serious violence as London or Manchester, for example. I very much take the point about consistency, but we believe that that can be addressed through the duty itself and the draft statutory guidance.
I am going to come to an end soon, Sir Charles. There is a requirement to include how inter-agency training will be commissioned, delivered and monitored for impact in the published local safeguarding arrangements. That is relevant to the point that the hon. Member for Stockton North just made. Safeguarding partners must also publish an annual report on their safeguarding arrangements, which should include evidence of the impact of the work of the safeguarding partners and relevant agencies, including training.
I am pleased that the Committee has had the opportunity to debate this duty. We have more debates ahead of us, I suspect. We believe that the three safeguarding partners already in place, through the multi-agency safeguarding arrangements that came into being in 2019, are the way to address some of the important issues raised by hon. Members in this part of the debate.
Sarah Jones
Sir Charles, I am sorry about turning my back previously. It was a very appealing amendment and it is hard not to look.
Sarah Jones
I beg to move amendment 50, in clause 7, page 8, line 4, at end insert—
“(3A) Specified authorities which are housing authorities must have particular regard to their housing duties when performing their duties under this section.”
Sarah Jones
I congratulate the right hon. Gentleman on his political jibe. He is correct to say there are examples of bad housing in Croydon, as there are in other parts of the country. It has a massively serious effect on people’s lives. [Interruption.] I can hear the hon. Member for Croydon South muttering about it from a sedentary position.
I will move on to the issue that we are talking about. When an urgent move is required because of gang violence, temporary accommodation is often the only realistic option. The law currently does not prioritise families in this situation, in contrast with the requirement for victims of domestic abuse to be treated as a priority for rehousing. Section 189(1) of the Housing Act 1996 gives victims automatic priority need, so that victims fleeing domestic abuse are moved urgently and thus protected. That is not the case when the threat of violence is external, which means that families are often forced to choose between giving up a secure tenancy and making a homeless application to their local authority, or keeping their secure tenancy and staying somewhere where they are in danger. The child safeguarding practice review published last year notes a case where a family moved back to an area where they were at risk in order to prevent the loss of their right to permanent housing. Within months, their son was killed.
The problems do not stop there. Evidence from practitioners shows how people at risk of violence who approach their local authorities are often not given adequate support due to their not being categorised as priority need under section 189(1) of the Housing Act. Youth workers who work with victims of gang violence often try to identify mental or physical health needs in the family in order to create a workaround. This shows that the system is not responding to the needs of victims of violence because of their status as victims. Support workers at New Horizon Youth Centre in London state that when young people are found in priority need, it is often as a result of any mental health conditions that they have managed to have diagnosed during the centre’s work with them following a serious incident of violence—it is not on the basis of being a victim or being at risk of such violence. In most cases, there is police evidence of risk, but the support workers have found that this is not enough to secure a positive priority need decision.
Kate Bond, the youth outreach project manager at New Horizon Youth Centre, explains: “We have seen so many cases where violence or the threat of violence is rejected as a reason for young people to be seen in priority need under the Housing Act. We have cases where even though there is clear evidence that someone’s life is at risk—not only because of their current injuries, hospital letters and police reports, but also proof from a range of other relevant services—they are not found in priority need. Too often, we end up having to pay for these young people in emergency accommodation and spend a long time gathering proof under other grounds for priority need, keeping the young person in limbo. Traumatised young people are further demotivated by this process and the sense that their lives being at risk is not enough to secure them somewhere safe to live. This continues to put lives and communities at unnecessary risk. However, even that threshold for proof required by local authorities before they will place young people in temporary accommodation can be difficult to reach. Often, for example, young people cannot go to their GP because it is in an area where they feel unsafe, so securing medical proof becomes more challenging and the diagnosis of mental health conditions more difficult.”
Under sections 177(1) and 177(1A) of the Housing Act, a person is legally homeless if violence or the threat of violence means that they cannot be reasonably expected to remain in their current accommodation, but the homelessness code of guidance for local authorities currently provides no guidance for local authorities on how to consider whether an applicant might be in priority need because their current home puts them at risk of gang violence, harassment or grooming. Currently, there is only general advice on the assessment of violence in paragraph 8.36, whereas the assessment of domestic abuse is dealt with in some detail by the statutory guidance. The guidance also says that a shortage of housing could be taken into account when considering whether a family should be moved.
Housing providers such as local authorities or housing associations may also hold critical information that can be used as evidence to support the homelessness application, safeguarding, or police investigations. They may be able to support young people and families to access alternative accommodation. Practitioners are reporting, however, that housing representatives are often not included in relevant case forums and discussions on families at risk of harm. Similarly, when people fleeing violence present at their local authority for rehousing, there is currently no duty on the local authority to seek information from the police to ascertain the level of risk when assessing the housing application.
As I said, amendments 50 to 62, and new clauses 28 and 29, were drafted by my hon. Friend the Member for Walthamstow in collaboration with the co-chairs of the Housing Law Practitioners Association and Garden Court Chambers, and with the backing of many organisations such as Centrepoint, New Horizons Youth Centre, Shelter, Crisis, Barnardo’s, the Big Issue Foundation, St Basils, Catch-22, Redthread, Homeless Link, Nacro, the Revolving Doors Agency, Fair Trials and the St Giles Trust.
New clause 28 would ensure that we learn from best practice of housing support services for victims of domestic violence, and that those who are at risk of violence owing to gang behaviour are prioritised for rehousing away from harm. For children and adults affected by and at risk of serious violence, seeking support to secure a safe place to live can be extremely difficult. Evidence from practitioners shows how young people, care leavers, people with multiple needs, and families facing threats of violence are not given adequate support when approaching their local authorities to seek help moving out of harmful situations because, despite meeting the threshold for vulnerability, given that they have fled violence or threats of violence, they are not seen as in priority need. In many cases, they do not receive the initial duties and assessment to which they are entitled under the Homelessness Reduction Act 2017. New clause 28 is designed to remove that hurdle and set outs clearly that anyone at risk of violence is in priority need, whether the violence takes place inside or outside the home.
New clause 29 would ensure that the current homelessness code of guidance is updated to take into account the specific needs of those fleeing gang violence and exploitation. Serious cases reviews have shown that the current guidance is not sufficient and young people are paying the price with their lives. Victims of serious violence are often forced to choose between remaining in an area where they are at risk or making a homeless application and giving up a secure tenancy. In the financial year 2019-20, more than 7,000 households were recognised as being at risk of or experiencing non-domestic violence and abuse and seeking homelessness support. It is right that the departmental guidance provides specific guidance for people in that situation.
Homelessness and housing precarity are significant contributing factors to children and adults becoming vulnerable to violence as they respond to offers of accommodation from those seeking to exploit them. Prevention of that trend and early intervention to reduce the harm they may face requires their housing needs to be met quickly and appropriately. The current homelessness code of guidance highlights certain vulnerabilities faced by groups such as young people, care leavers and victims of trafficking, who should be considered as part of the housing application, but there is little guidance around young people at risk of violence and exploitation. By enhancing the current code of guidance so that local authorities take into account the needs of people at risk from serious violence, the Government would ensure that the needs of that vulnerable group specifically are considered by local housing authorities to protect them from further risk of violence. Amendments 50 to 62 would ensure that registered social landlords are involved and consulted in local efforts to reduce serious violence, and that there is timely co-operation between the police and local housing authorities to prevent serious violence.
Part 2 of the Bill outlines the model for multi-agency working to prevent serious violence. The horrific cases in the serious case reviews tell us that there is no effective multi-agency response to preventing serious violence that does not include housing. These amendments will ensure that registered social landlords are included in the new duty and ensure that there is timely information sharing between the police and RSLs for the purpose of preventing serious violence. By supporting effective multi-agency working between all partners, the Government can ensure that housing is considered as an essential part of a comprehensive public health approach to tackling and preventing the serious use of violence.
As I have said, there is provision in law and in practice for people fleeing domestic violence to have a route out of that violent situation, through their local authority and the definition of priority needs. There is not the same route out for those at risk of gang violence in their area, and I have seen the consequences of that. These amendments would put those at risk of serious violence on the same footing as those at risk of domestic violence. I would be grateful if the Minister could consider these amendments.
Victoria Atkins
We very much recognise the valuable contribution that local authorities and housing associations are able to make as part of local efforts to prevent and reduce serious violence. Local authorities are responsible for the delivery of a range of vital services for people and businesses in a local area, including housing and community safety. It is expected that such responsibilities will be key to the role they play in local partnership arrangements as they contribute to the development and implementation of the duty. As such, they will be best placed to provide a strategic overview of and information about housing and associated issues in the local area.
The statutory guidance for the duty makes clear that such duties are relevant and should be considered as part of the work to meet the requirements of the serious violence duty. We therefore do not consider it necessary to stipulate in legislation that such authorities must have due regard to their housing duties when meeting the requirements of the serious violence duty, as there will be a requirement for them to have due regard to the statutory guidance in any case.
Moreover, existing legislation is already designed to ensure that social housing is prioritised for those who need it most. The Ministry of Housing, Communities and Local Government will continue to work with the relevant sectors to ensure that the guidance is clear and fit for purpose, in relation to this crucial point, ahead of the duty provisions coming into force. When it comes to recognising and protecting the groups of people most at risk of involvement in serious violence, we are aware that housing and risk of homelessness are factors to be borne in mind, but we remain to be persuaded that an explicit reference to registered providers of social housing within the provisions for the duty is the correct approach to take in this instance.
One of the key requirements of the serious violence duty will be for specified authorities in a local area to work together to identify the causes of serious violence and, in doing so, ascertain which groups of people are most at risk locally. Legislation already dictates that, where a local housing authority requests it, a private registered provider of social housing or registered social landlord shall co-operate to such extent as is reasonable in the circumstances in offering accommodation to people with priority under the authority’s allocation scheme. That includes lettings allocated to those in priority need and those requiring urgent rehousing as a result of violence or threats of violence. Statutory guidance on allocations was issued in 2012, and local authorities must pay due regard to it.
Furthermore, the Regulator of Social Housing’s tenancy standards make clear that private registered providers of social housing must co-operate with local authority strategic housing functions. Those who are at risk of violence should already receive support if they are in need of social housing and/or if they are at risk of homelessness. However, it is important that local authorities are able to respond according to the needs of the specific local area and of the particular person. We are concerned that the amendment, which applies only to the social housing sector and not the private rental sector, may inadvertently single out and potentially stigmatise social tenants as being associated with serious violence, which I am sure nobody wants to flow from that.
Sarah Jones
It is unusual for housing and the Home Office to be in the same conversation, which is possibly why the Minister was using strange terminology more akin to the MHCLG.
Sarah Jones
That is something that we need to try and shift over the long term and that is the point of the clauses and amendments.
I understand the Minister’s points. On new clause 28, there is a clear argument that there is provision on domestic abuse but not a provision for violence outside of the home in a similar way. Now is not the time to press the new clauses to a vote, because that comes at the end of the Bill’s time in Committee, and I am happy to leave the amendments. However, I hope the Minister will encourage housing organisations, through the process of the new duty, to be part of the conversation because they are absolutely crucial, as I have seen for myself. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Victoria Atkins
We very much agree that voluntary and community sector organisations and local businesses are key to working with young people to tackle issues relating to serious violence and crime, and indeed to offering alternative opportunities to young people. One of the non-legislative measures that I am working on at the moment is bringing together the private and public sectors to offer opportunities by way of training, work placements and so on to young people who at the moment may believe that their life chances involve joining a gang and earning their money that way. We have to give young people a range of alternatives, so I very much agree with the motivations behind all these amendments, but particularly those that seek to involve charities and businesses.
I should point out that clause 9—“Power to authorise collaboration etc. with other persons”—is very much intended to include charitable organisations in the serious violence duty. We did not feel that it was right to put a duty on charities, but we did very much want to reference their ability to be included and involved in both the drawing up and the implementation of the strategy.
We are not persuaded that amendment 116 is necessary, because of the way it is drafted. It would potentially create significant new burdens if specified authorities were required to consult all voluntary sector organisations and businesses in the local area, as opposed to those that they considered to be most relevant to the local strategy for preventing and reducing serious violence.
I will shamelessly take this opportunity to mention, by way of example, the wonderful Louth Navigation Trust in my constituency. Wonderful charity though it is, I think it would itself accept that it is probably not able to assist in the drawing together of a serious violence duty in the way that specialist charities, such as St Giles Trust, Redthread and the other organisations that we all know and work with. will be able to do. That was a flippant example—forgive me—at 4 o’clock on a Tuesday afternoon.
Turning to amendments 81 and 87, we very much agree that it is important for serious violence strategies, required by chapter 1 of part 2 of the Bill, to be kept under review to ensure that they remain relevant and address the current issues affecting local areas at the time when they are being implemented. However, we are concerned as to whether an explicit requirement for revised strategies to be prepared and implemented every two years is the correct approach to take.
The duty is a key part of our work to prevent and reduce serious violence, focusing very much on prevention and early intervention, and informed by the evidence. We have been clear that a key focus of the duty, as I have said, should be on early intervention and prevention. That is why we have included a requirement for specified authorities to identify the kinds and causes of serious violence in the local area and the work that flows from that. It is therefore clear that local strategies should include a combination of short-term as well as longer-term initiatives aimed at preventing and reducing serious violence.
The draft statutory guidance for the duty makes it clear that local partnerships should review their strategy on an annual basis. Such reviews should consider how the interventions and solutions have affected serious violence in their area—considering, for example, crime statistics, and accident and emergency data. A review may well highlight the need for a refreshed strategy, for example where new and emerging crime types are identified—there may be the emergence of a new county line in their area—but we do not expect that to be the case every time.
We know that specific initiatives and actions that focus primarily on early intervention may not have a discernible effect on serious violence levels immediately. An assessment of the effectiveness of a local strategy conducted only two years after the strategy is first prepared may not capture the potential long-term impact and, therefore, may render it ineffective and in need of revision. Perhaps there would be a fairer analysis if a little more time were permitted to enable the interventions to take hold.
We want to ensure that local area resources are directed towards delivering on the strategies that they have prepared, instead of being diverted towards the preparation of revised strategies because there is a calendar they must keep to. I am reminded of a phrase about being driven by data and not dates, and wonder whether it is appropriate here.
I believe that specified authorities in local areas will be best placed to determine the necessary frequency of revisions in their own strategies, and that the existing requirement for strategies to be kept under review will ensure that a revision will be necessary and timely, rather than simply a formality. I see a role for hon. Members in that. I hope that they will watch closely what their areas are doing under this duty, and they will be able to highlight any concerns they have about the appropriateness, timeliness and so on of strategies and their revisions.
Finally, new clause 59 would require the creation of a statutory national serious violence oversight board, to be appointed and chaired by the Secretary of State. There will need to be a system in place to monitor progress in relation to the duty. There may be a useful role for the Government to support the process, but we question whether it is necessary to include the detail of such arrangements in the Bill. We will consider non-legislative options, which will in all likelihood feature in our statutory guidance for the duty. That will ensure that specified authorities are able to have a say in the arrangements, through a public consultation, following Royal Assent, including any proposed role for central Government, before they are established.
We expect to detail any role for Government in monitoring progress and activity in relation to the requirements of the serious violence duty to be included in the version of the draft statutory guidance, to be consulted on following Royal Assent. It is worth noting that specified authorities will already be expected to monitor their own progress, through the requirement to keep their strategy under review. Police and crime commissioners and those areas where mayoral offices have responsibility for policing will also have the discretionary power to monitor the performance of the specified authorities against their shared objectives.
Furthermore, community safety partnerships have a statutory requirement to keep the implementation of their strategies under review, for the purposes of monitoring effectiveness and to make any changes to strategies where necessary or expedient, and to publish the outcomes of each review. In the light of the explanations I have given, I ask the hon. Member for Croydon Central to withdraw her amendment.
Sarah Jones
I heard what the Minister said, in particular about amendments 81 and 87. She said that she did not want to push organisations towards having to prepare revised strategies all the time. She also said that the guidance advises them to review their strategies on an annual basis. We are in the position of having both things at the same time.
I hear what she says and am reassured by the need to look at it on an annual basis. I do think the phrase “from time to time” is slightly too loose to be in the Bill. We have seen the need for both short-term and long-term planning and we need to get that balance right. A lot of the violence reduction units, within PCC areas, say they want to be able to plan and get money beyond a year. At the moment, their money is given annually, which is very prohibitive. That is worth bearing in mind.
I heard the Minister say that there will be systems in place to monitor success and that she will look at what such systems could be. I was reassured by that and hope that she will ensure they have the teeth and resources to analyse what is happening across the country. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Victoria Atkins
I hope that the Committee feels that, in my responses to the amendments, I have dealt with the substance of most of the clauses. I want to emphasise that clause 8 is included to reflect the fact that, particularly in the instance of county lines gangs, criminal gangs do not respect county boundaries, police force areas or local authority areas. They will reach their tentacles across the country, wherever they think there is a market and they can do their harm. The clause encourages and requires authorities to collaborate to address those concerns.
Sarah Champion
Does the Minister agree that they are keen to look at the legislation to see where it is weakest, and to target accordingly?
Victoria Atkins
Very much so. Criminal gangs are very adept at spotting Government and local priorities and adjusting their behaviours. During the global pandemic, still some county lines were adjusting their methodology to evade detection when they were moving around the country. It is disgraceful, disgusting behaviour, and I hope that this duty and the requirement to collaborate will help to address that.
On the point that the hon. Member for Croydon Central made about housing priority need and the comparison with domestic abuse dealings in the Domestic Abuse Act 2021, I will arrange for a letter to be written to her on that point. Unless there are any more interventions, I will sit down.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clauses 8 to 10 ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 11 ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 12
Preventing and reducing serious violence
Sarah Jones
I beg to move amendment 91, in clause 12, page 12, line 34, at end insert—
“(5) In exercising their functions under this Chapter, specified authorities must have particular regard to reducing serious violence against women and girls, including street harassment, and reducing instances of hidden harm resulting from serious violence.”.
Sarah Jones
I thank my hon. Friend for that point, which is exactly the point I was about to make. She is completely right. This is in some senses an addition. Perhaps the Minister will say it is for local organisations and agencies to decide what to prioritise, but the reality—this is not a criticism—is that this duty was conceived at the height of concerns about street violence, violent crime and knife crime, and we may all be a little bit to blame for not focusing as well on the gendered violence and hidden violence that does not make the headlines in the same way, but is equally important. One feeds the other: if there is violence in the home, there is often more violent behaviour from children because they learn that behaviour. Gendered violence is just as important but is perhaps not as highlighted and talked about as it should be.
Women from all parts of the country, from all backgrounds, young and old, are killed every week. Last year, the number of female homicide victims in England and Wales reached its highest level since 2006, up 10% on the previous year. That is true of not only murder but all kinds of violence against women and girls. For the year ending March 2020, the crime survey for England and Wales estimated that 7.1% of adults aged 16 to 74 years had experienced sexual assault by rape or penetration. Domestic violence, already endemic across Britain, increased significantly during the covid pandemic, with 260,000 domestic abuse offences between March 2020 and June 2020 alone.
Amendment 91 would ensure that specified authorities have particular regard to reducing serious violence against women and girls, including street harassment, and reducing instances of hidden harm resulting from serious violence. I hope that the Minister will consider the amendment in the spirit in which it is presented. This would be a very useful thing for local agencies to do. It is incredibly important and is part of the wider violence picture and should therefore be included in the Bill.
Victoria Atkins
As hon. Members will be aware, tackling violence against women and girls is one of the Government’s key priorities. These abhorrent crimes have no place in our society. This Government are committed to ensuring that more perpetrators feel the force of the law and to improving our support for those who suffer at the hands of abusers.
We have taken action to tackle all forms of violence against women and girls by introducing legislation around forced marriage, female genital mutilation and the disclosing of private sexual photographs. More recently, the landmark Domestic Abuse Act 2021 will bolster our response to domestic abuse at every level. The Act includes placing a duty on local authorities to provide support to victims of domestic abuse and their children in refuges and other safe accommodation, as well as many other things. What I have said about here it does not do justice to the Act, but we recognise also that legislation is not the only answer. Local authorities and others have a role to play in tackling violence against women and girls, which is why we provide funding to support victims of such crimes.
We have refrained from including in the duty set out in the Bill a specific list of crime types that must be included in a serious violence strategy for a local area. We have also refrained from prioritising one type of victim over another. This is to allow local strategies to take account of the most prevalent forms of serious violence in the locality, and the impact on all potential victims. Forms of serious violence will vary between geographical areas and we want to enable partners to adapt and respond to new and emerging forms of serious violence as they develop and are identified. That could include domestic abuse or others forms of violence against women and girls, but the Government believe, as set out in the duty, that it should be for authorities to determine what their specific priorities should be for their area. That is consistent with the model of police and crime commissioners and mayors who have policing responsibilities for setting priorities for policing.
In making any such determinations, they must consider the maximum penalty that could be imposed for any offence involved in the violence, the impact of the violence on any victim, the prevalence of the violence in the area and the impact of the violence on the community in the area. It is anticipated that work to answer these questions would form part of the development of a strategic needs assessment and strategy. The approach of including a specific offence, as is urged in the amendment, is not consistent with the wider approach.
We are committed to going further in our efforts to tackle violence against women and girls, which is why we will be publishing a new cross-Government strategy tackling violence against women and girls, which will be followed by a complementary domestic abuse strategy. I look forward to their publication to set out our approach to tackling all forms of violence against women and girls, including street harassment.
I hope these assurances and our commitments to future work in this area mean that the hon. Lady will be content to withdraw her amendment.
Sarah Jones
I hear what the Minister is saying and I applaud the work that has been done thus far on violence against women and girls, but I believe that the list in clause 12(4) that she just read out steers the whole process in the direction of serious street violence and youth violence, without a nod to the incredibly point about violence against women and girls, so I would like to test the will of the Committee on amendment 91.
Question put, That the amendment be made.
Sarah Jones
I just wanted to raise a couple of concerns. We have not tabled amendments to the clauses, but I want to bring some issues that have been raised to the attention of the Committee.
Clause 14 would give the Secretary of State powers to make regulations regarding how PCCs or mayors can assist serious violence partnerships. It would allow education, prison and youth custody services to collaborate in order to prevent and reduce serious violence; it would also allow them to collaborate with SVPs. Subsection (5) places a duty on a relevant authority to collaborate with other relevant authorities for the purpose of preventing and reducing violence, if requested to do so by another relevant authority. The example provided in the explanatory notes is that
“a local young offenders’ institution may choose to collaborate with a secure children’s home located in the same area if they are experiencing similar issues with serious violence within their institutions.”
That makes sense, but we believe that there needs to be some nod in that process towards the focus on the safeguarding responsibility for children. It is important that the duty does not just become an intelligence-gathering exercise instead of a proper data-sharing exercise, so we want to ensure that people can be protected and prevented from getting involved in serious violence.
Clause 15 would impose a duty on education, prison and youth custody services to collaborate together and with SVPs when one partner organisation requests it, as long as complying with the request does not infringe on any of their existing legal duties. The explanatory notes call this a “permissive gateway” that
“would permit but would not require the sharing of information.”
The example given is that
“a clinical commissioning group could disclose management information about hospital attendances where serious violence was suspected, which could support the development of a local problem profile/strategic needs assessment.”
Again, that makes sense. However, the notes go on to say that
“any disclosure of information under this clause may be made notwithstanding any obligation of confidence or any other restriction on the disclosure of the information, save that disclosure would not be permitted if it would contravene the data protection legislation or the prohibitions on disclosure provided for in any Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
We have talked to organisations that are concerned that the need not to uphold any obligation of confidence or any other restriction on the disclosure of information could undermine some of the trust that children, particularly those who are vulnerable or who are being criminally exploited, have with teachers and educators. Will the Minister talk through what any other restriction on the disclosure of information means in this context, particularly when applied to an individual child in a school setting? Will she set out the key difference between the “permissive gateway” of information sharing and the multi-agency structures—for example, referrals to children’s social care—that already exist for information sharing about individual children?
Overall, there is no question but that information sharing between agencies and police forces is vital to achieving a proper understanding of serious violence, particularly involving the county lines drug network and the many vulnerable children who have been swept into it, but it is also important that the objective of information sharing is about the safeguarding of vulnerable people and children, as well as crime prevention and reduction.
Victoria Atkins
I will deal straightaway with the point about information sharing, as it would seem to me that the other clauses are understood.
Clause 15 provides a new permissive information sharing gateway for specified authorities, including local policing bodies and education, prison and youth custody authorities, to disclose information to each other. Sadly, we know that information sharing between agencies is not always as full and as timely as we would like, because of concerns that they are not allowed to share information. We do not want those concerns to get in the way of preventing serious violence.
Of course, we must operate within the law, so the clause ensures that there is a legislative framework in place to enable information to be shared between all authorities exercising functions under chapter 1 of part 2 of the Bill. In doing so, the clause permits but does not mandate authorities to disclose information. I reassure the Committee that, as required by article 36(4) of the UK General Data Protection Regulation, my officials have consulted the Information Commissioner’s Office on the proposed provisions within this clause and clauses 9 and 16, and no concerns were raised.
To be clear, clause 15 does not replace existing data-sharing arrangements or existing protocols that are already working well, including those under the Crime and Disorder Act 1998. Through the clause we are simply ensuring that all the specified authorities—local policing bodies and education, prison and youth custody authorities—are able to share relevant information with each other for the purposes of the recipient of the information exercising their functions to prevent or reduce serious violence. Such bodies should already have arrangements in place that set out clearly the processes and the principles for sharing information and data internally. Examples of data that could be shared include hospital data on knife injuries, the number of exclusions and truancies in local schools, police recorded crime, local crime data, anonymised prison data, areas of high social services interventions and intelligence on threats such as county lines, including about the activities of serious organised crime gangs and about drugs markets.
An important element of the duty would be to establish the local problem profile, and data sharing between the duty holders would be a crucial part of that process. By virtue of this clause, the authorities I have mentioned would be able to share information freely, providing it does not contravene data protection legislation or the provisions of the Investigatory Powers Act 2016. I hope that reassures the Committee.
Sarah Jones
That is reassuring. I wanted to raise the point to ensure that we were all aware of that concern, which was raised to us by several organisations. I am grateful for the Minister’s response.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clauses 14 and 15 ordered to stand part of the Bill.
Sarah Jones
I beg to move amendment 90, in clause 16, page 16, line 14, at end insert—
“(8) A local policing body must report annually on the requests made under this section, including information on the bodies the request were made to and the use of information provided.”
This amendment would require local policing bodies to report on requests for information made to specified authorities, educational authorities, prison authorities and youth custody authorities for the purpose of assisting with its functions under section 13.
The amendment would ensure that when information was shared between partners, the local policing bodies reported back to their partners to explain how they were using the information. That would in turn help the partners better to understand the wider context to the issues raised.
The Children’s Society has pointed out that clauses 15 and 16 raise questions as to what information will be collected about individual young people and how that information may be used. It is keen that additional information sharing requirements do not result for some children in a more punitive response instead of a response that balances safeguarding and the prevention of violence escalating.
I will end my comments by asking the Minister further questions on the issue of data collection. Will the information and data collected through the duty be strictly management-level data, or case-level data? Will police forces be able to request information on specific vulnerable young people, and will policing bodies be able to request from specified authorities such as schools case-level information on children at risk of or experiencing serious violence? If so, how will the police use that information?
Victoria Atkins
The hon. Lady asks a specific question—namely, will local policing bodies be able to request case-level information on children at risk and how will they use it? Police and crime commissioners and, in London, the Mayor’s Office for Policing and Crime, and the Common Council of the City of London, will have powers to work with the specified authorities to support multi-agency working. The specified authorities will need to co-operate with a local policing body when required to do so.
However, we will make it clear in guidance that the local policing body should consider the proportionality of additional requests and anticipated costs to specified authorities before making any such requests. That includes specific requests for data, which may be made only in order to fulfil its role of monitoring the effectiveness of local strategies. Such requests for data must relate only to the organisation that has generated it, except where functions are contracted out. Sufficient safeguards must be in place to ensure that information, including that which pertains to individuals, is disclosed in line with relevant data protection legislation.
Arrangements must also be in place to clearly set out the processes and principles for sharing information and data. Such arrangements should cover the sharing of information and data within the local partnership and with external bodies and should include the purpose of sharing the data, what is to happen to the data at relevant points, and clarity on respective roles. I hope that answers the hon. Lady’s questions.
Sarah Jones
I am pleased that that will be in the guidance. I think that issues flow from things such as the gangs matrix in London. There were concerns that information that was gathered in order to support people actually ended up being used as a way of profiling people—that the data was perhaps not used in the way in which people had thought it would be. That was the basis for the amendment. Given that that will be in the guidance, however, I am reassured that the purposes for which the information should be used should be clear. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 16 ordered to stand part of the Bill.
Clause 17
Directions
Question proposed, That the clause stand part of the Bill.
Victoria Atkins
Again, if it will assist the Committee, I am content to hear the hon. Member for Croydon Central set out her stall, as it were, and I will then respond.
Sarah Jones
I will be brief. I have three questions for the Minister, just to get a bit of clarity. The first is on clause 17, which, according to the Library briefing, gives the Secretary of State
“powers to issue directions to any SVP member, education, prison or youth custody service it thinks is failing to discharge its duties to prevent serious violence.”
It would be helpful if the Minister could provide an example of what that means. What direction will the Secretary of State be issuing? What is envisaged by that clause?
Secondly, the amendments in clause 19 require community safety partnerships to have regard to
“preventing people from becoming involved in serious violence”,
and to
“reducing incidences of serious violence”
when assessing crime and disorder in their area and formulating their strategies. It would be helpful if the Minister explained how that differs from what their strategies are doing already. Will there be a bit of an overlap of strategies there?
My final point is one that has been raised by the Local Government Association and has been drawn to my attention elsewhere. The community safety partnerships have had their funding steadily withdrawn since 2010, which has had an impact on their resources and their capacity to do things. It would be helpful if the Government could review the impact of those funding reductions on community safety partnerships—perhaps with a view to increasing that core funding—and on the ability of councils to address the range of crime issues they are expected to assist other partners in tackling.
Victoria Atkins
Serious violence has a devastating impact on victims and their families, instils fear in communities and is extremely costly to society, as I have already said. I hope the Government’s intention is clear from the discussions we have had today, but it is crucial that there are consequences if some authorities are not focused on what we are trying to achieve through the duty. On the rare occasion when a specified authority or educational, prison or youth custody authority does not fulfil its requirements under the duty, thereby risking the success of the whole partnership, clause 17 provides the Secretary of State with the power to issue a direction to secure compliance.
This power does not apply to probation services provided by the Secretary of State or to publicly managed prisons, young offender institutions, secure training centres or secure colleges. For such authorities, existing mechanisms will be available to ensure they are meeting the requirements of the duty, so we are trying to get consistency across them all.
For any directions relating to a devolved Welsh authority, the Welsh Ministers must be consulted before a direction is issued. We are continuing to engage with the Welsh Government on the operation of the direction, as far as it relates to devolved Welsh authorities, and I will be writing further to Minister Hutt shortly.
I was asked for examples of when we envisage that a direction may be given. It is very much expected that these powers will be used infrequently—I hope never—but we must have this ability to ensure compliance if that situation were to arise. It is very much a matter of last resort when all other attempts to work effectively in partnership with an authority have failed. Where necessary, we must have this backstop mechanism to ensure that all relevant authorities comply with the duty and play their part in reducing and preventing serious violence.
A direction may include requiring authorities to take the necessary steps set out by the Secretary of State in order to comply with the duty. If necessary, to ensure an authority complies, a direction can be enforced by a mandatory order granted on application to the administrative court in England and Wales. We very much hope that this power will be used rarely, if at all, but if, for example, an authority refuses to provide information that it is required to provide under the Bill, it is available as a last resort when all other attempts to work effectively have failed.
Question put and agreed to.
Clauses 17 accordingly ordered to stand part of the Bill.
Clauses 18 to 22 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)