Tuesday 28th November 2023
(1 year ago)
Commons ChamberCriminal Justice Bill 2023-24 View all Criminal Justice Bill 2023-24 Debates Read Hansard Text Watch Debate
The Secretary of State for the Home Department (James Cleverly)
I beg to move, That the Bill be now read a Second time.
Victims of crime must have justice, and lawbreakers must face the consequences of their actions. This Criminal Justice Bill will give the police the powers they need to crack down on criminals and ensure that those who pose the biggest threat to the public are imprisoned for longer. It will give the public greater trust in the police and more confidence that the system works for them. We have always faced criminal threats, but those threats mutate and evolve, so we have to stay ahead of them by updating our technological capability and also updating our laws.
We are building on strong foundations. Compared with the year ending spring 2010, as measured by the crime survey of England and Wales, domestic burglary is down 57%, vehicle-related theft is down 39% and violent crime is down by 52%. Police-recorded homicide is down by 15% and the number of under-25 NHS admissions for assault by a sharp object is down by 26% in the year ending June 2023, compared with the year ending December 2019.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I thank the Home Secretary for giving way. It is so good to see him in the Chamber now. Could he tell us what the percentage increase has been in knife crime since 2015?
James Cleverly
The right hon. Lady has made an intervention. Let me make some progress now—[Interruption.] If she had the answer, she could have just stood up and said it rather than making this rather performative intervention. I will make some progress.
We have also taken the fight to the county lines drug gangs and to antisocial behaviour. Of course, these successes are not the Government’s alone, but we have enabled and supported that success with record funding for police; record numbers of police officers in England and Wales; expanding the powers to stop and search; and expanding the powers to tackle disruptive protests. Of course, we have also cut red tape, which means that more of those police officers are out on the beat fighting crime. We are building over 20,000 more prison places and ensuring that offenders face the toughest possible punishment for their crimes.
We will never rest, and we will go further still. This Bill will support the Government’s zero-tolerance approach to crime by giving the police, the courts and the other criminal justice agencies the powers they need to make our neighbourhoods even safer still.
Illegal drugs and knife crime bring chaos and misery to individuals. They destroy families and ruin neighbourhoods. Knife crime is a scourge in many of our cities and, during my time on the London Assembly and as a Member of this House, I have seen for myself the devastation it can bring to families.
Any family can be affected by drug misuse. I send a message to so-called casual users of recreational drugs that their actions underpin a vicious trade that has a profound and negative human cost. That is why we are giving the police more powers to seize and destroy bladed articles and to drug test more suspects upon arrest.
The Bill increases the maximum penalty for selling dangerous weapons to under-18s and creates a new criminal offence of possessing a bladed article with intent to cause harm. It will enable the police to seize, retain and destroy knives held in private when officers are lawfully on private property and have reasonable grounds to suspect the item or items will likely be used in violent crime.
The police will also be able to test individuals in police detention for specified class B and class C drugs, just as they can already test for specified class A drugs. This will mean that the police can direct more suspects using illegal drugs into treatment, which will help to reduce drug use, support recovery and, of course, cut crime. Those who refuse a drug test, or who fail to attend or stay for the duration of a directed drug assessment, may be committing a further offence.
Tony Lloyd (Rochdale) (Lab)
Although drug testing makes sense, it is also important that we have drug and alcohol treatment facilities, which are still very patchy across the country. Will the Home Secretary comment on what can be done to improve that patchiness?
James Cleverly
The hon. Gentleman makes an incredibly important point. Of course, this Bill focuses on the crime and criminal justice part of the equation, but he is right that treatment is important. That is why I am very proud that this Government have invested an extra £600 million in the very thing he raises, because we realise that, as well as having robust criminal justice action, we need those treatment facilities.
A tough but humane approach to illegal drugs is the only plausible way forward. The House knows that being a victim of any kind of crime is deeply distressing. No crime should be screened out by the police solely because they perceive it to be minor. In August, the police committed to following all reasonable lines of inquiry for all crime types. That is a hugely welcome development, and it is my job to give police forces every possible support in that endeavour.
The Bill confers additional targeted powers on the police to enter premises without a warrant to seize stolen goods such as mobile phones where they have reasonable grounds to believe that there are particular items of stolen property on the premises. GPS location tracking technology, for example, could provide such grounds. This gives the police an opportunity to address a particularly prevalent crime type. The Bill also gives the police greater access to the Driver and Vehicle Licensing Agency’s driver records in order to identify criminals.
Public confidence in policing is, of course, vital, but it is also vital that officers have confidence in each other and that police leaders can root out those who are unfit to wear the uniform. We want to ensure that we never again see the culture of defensiveness and self-interest that, sadly, we saw in the aftermath of the terrible incident at Hillsborough and following the killing of Daniel Morgan. The Bill therefore introduces a duty of candour in policing. This follows Bishop James Jones’s report, which shone a light on the experience of the incredibly brave families of the Hillsborough victims. Those families have been through a lengthy and terrible ordeal.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
I welcome the Home Secretary to his position. He rightly says that a new proposal is being brought forward on police misconduct, but he also mentions public confidence. Would the public not have more confidence in the police if any officer who failed their vetting was automatically dismissed?
James Cleverly
We are taking action to ensure that police officers, both at the start of their career and through their career, are held to appropriately high standards. On that particular issue, this is something we are taking forward. It is part, but not the totality, of what needs to be done, which is why we are outlining a number of things in the Bill.
Through the Bill, we will give chief constables the right to appeal the outcome or findings of a misconduct panel to the police appeals tribunal. Chief constables are responsible for upholding standards in their force, so it is right that they have a statutory route to challenge decisions that they consider unreasonable.
A person is not safe unless they are safe everywhere: in their home, at work, in public places and, of course, online. The Bill builds on the intimate image sharing offences in the Online Safety Act 2023 by introducing new offences addressing the taking or recording of intimate images or films without consent, as well as addressing the installing of equipment to enable the commission of the taking-or-recording offence. This means we now have a comprehensive and coherent package of offences that is effective in tackling intimate image abuse, which is a truly horrible crime that can have a lasting negative effect on victims.
Dame Maria Miller (Basingstoke) (Con)
I thank my right hon. Friend and his colleagues for their fantastic work in implementing the Law Commission’s review in this area. It really is a testament to the Government that they have done that. However, some victims of intimate image abuse face another issue, because their images are still legally online and have not been taken down by some website providers. Will my right hon. Friend encourage one of his Ministers to meet me to talk about this further, and about possibly addressing it in this Bill?
James Cleverly
I welcome my right hon. Friend’s intervention. I am more than happy to ensure that her point is discussed with the Department, so that we can see what we can do to incorporate what she hopes to achieve either in this Bill or in guidance to the internet service providers and online platforms.
The Bill also fulfils the Government’s commitment made during the passage of the Online Safety Act to broaden the offence of encouraging or assisting serious self-harm to cover all means, not just communications, by which serious self-harm may be encouraged or assisted. That could include, but is not limited to, direct assistance such as giving someone a blade with which to seriously harm themselves. This broader offence will give full effect to the recommendations of the Law Commission’s 2021 “Modernising Communications Offences” report.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I welcome the Home Secretary to his post. Not only is he the Home Secretary, but he is an old friend of mine, and I hope he stays longer in this post than he has in the others. Having had a tragedy close to my family of a young woman taking her own life, may I ask that we remove from social media these aids to and promotion of suicide, and things showing people how to conduct it?
James Cleverly
The hon. Gentleman makes an incredibly important point. Sadly, far too many people have, like him, experienced the implications of this kind of content online, and I take his point very seriously. We will look at both legislative and non-legislative measures to make sure that we genuinely do everything we can to remove content that encourages sometimes very vulnerable people into a dark place.
The Bill creates a new statutory aggravating factor for murders that are connected to the end of a relationship or the victim’s intention to end a relationship. Killing in that context is the final controlling act of an abusive partner, and its seriousness will now be recognised in law. The Bill also adds the offence of controlling or coercive behaviour to the list of offences that require automatic management of offenders under the statutory multi-agency public protection arrangements.
We recognise that antisocial behaviour does so much to blight people’s lives and undermine the pride and confidence that they rightly have in their local communities. At its worst, antisocial behaviour can drastically lower the quality of life for whole neighbourhoods. The Government’s antisocial behaviour action plan, published in March, sets out a strong approach to working with local agencies so that antisocial behaviour is treated with the seriousness and urgency it deserves. The Bill enhances that with a range of new measures, including enabling the police to make public spaces protection orders and registered social housing providers to issue premises closure notices; lowering the minimum age of a person who may be issued with a community protection notice from 16 to 10; and increasing the maximum amount of a fixed penalty notice from £100 to £500 for breaches of a public spaces protection order or community protection notice.
Every public service should be accountable to the public, and we are strengthening the accountability of community safety partnerships and improving the way in which they work with police and crime commissioners to tackle crime and antisocial behaviour. For example, PCCs will be given the power to make recommendations on the activity of community safety partnerships, which in turn will be duty-bound to consider those recommendations. That proposal follows feedback from various sources that the powers available to the police, local authorities and other agencies could be used more consistently. We need every part of the system to work together as one well-oiled machine.
Nuisance begging and rough sleeping can, of course, be a form of antisocial behaviour. The former may be very intimidating and the latter may also cause damage, disruption and harassment to the public.
Layla Moran (Oxford West and Abingdon) (LD)
The Home Secretary will be aware of the campaign across the House to scrap the Vagrancy Act 1824, which does not come into force until all these clauses come in—so I am very pleased to see them. Looking at the detail, we see that it forms a third of the Bill—it is enormous. Does he share my concern that by replacing the Vagrancy Act with a measure of this level and strength, we are not treating homelessness with the compassion that we said we wanted, and we are creating a rod for our own back, which we just do not need?
James Cleverly
We have committed to scrapping the 1824 Act, and nobody should or will be criminalised simply for having nowhere to live. That is why we are repealing the outdated 1824 Act. However, we need to make sure that things such as nuisance begging are addressed, because the British public have told us that they feel these actions are intimidating—I am sure that Members from across the House hear that in our advice surgeries and will have had people tell them that—and it is right that we respond to their concerns. The hon. Lady makes the point, implied in her question, that people end up rough sleeping for a wide variety of reasons, including, sometimes, because they are themselves the victims of abuse or they have medical conditions, be they physical or mental. That is why last year we published our “Ending rough sleeping for good” strategy, and we have made an unprecedented £2 billion commitment over three years to accelerate the efforts to address homelessness at source.
Layla Moran
I thank the Home Secretary for giving way again; I will not test his patience too much more. However, I should point out that we have been working on this since 2018, when I started this campaign. I have met countless Ministers over the years and not once did nuisance rough sleeping come up as the issue. Nuisance begging did, and there is a debate to be had on that and I would happily have it. All I ask is: will he consider meeting me and others from both sides of the House who have taken a keen interest in this issue for a very long time so that we can put across our concerns about what is in this Bill to replace the 1824 Act? I say that because this looks like Vagrancy Act 2.0 on steroids.
James Cleverly
We have presented a Bill and the House has the opportunity to debate it. So rather than having conversations in private, the legislative process—the process of debate—is designed for Members from across the House to inject their ideas, thoughts and suggestions into the legislation. That is literally what the passage of a Bill is designed to do.
Paula Barker (Liverpool, Wavertree) (Lab)
I wish to share my concerns, which are those the hon. Lady has mentioned. The Bill introduces a wide definition of “nuisance rough sleeping” that is incredibly concerning to me, because it will criminalise people who are rough sleeping. In practice, it will result in worse criminalisation of people sleeping rough than under the draconian Vagrancy Act. Will the Home Secretary and Government Members give any assurance and clarity about the intentions?
James Cleverly
The Bill makes it clear that any actions that will be taken will be in response to a continuing refusal to abide by the moving-on powers that the Bill provides, so I do not agree with the hon. Lady’s assessment of how this will play out in practice. However, as I say, this is the Second Reading of the Bill and there will be opportunity through its passage for ideas, thoughts, concerns and potential improvements to be put forward. I encourage her and the hon. Member for Oxford West and Abingdon (Layla Moran) to put forward their ideas, because we recognise that this is an important issue. We want to get it right, but we are responding to specific concerns that have been raised.
Richard Graham (Gloucester) (Con)
The Home Secretary is right to say that the Vagrancy Act, as it comes to its bicentenary, is ripe for renewal and change, and there is an interesting debate to be had. He is right to identify that it is a problem for many of our constituents. The other problem, which he knows I will be talking about later, is the offence of spiking. I was listening keenly to what he said and no doubt he will touch on that in a moment or two.
James Cleverly
My hon. Friend makes an important point about the need to update a number of provisions, including the Vagrancy Act 1824. I know he feels strongly about that and, through the passage of the Bill, I am more than happy to listen to his contributions about other opportunities to update and modernise legacy legislation, which has served us well but for a very, very long time, to ensure that it is relevant for the modern world, not the Victorian—or sometimes Georgian—era when the provisions were originally drafted.
Sir Robert Neill (Bromley and Chislehurst) (Con)
These matters raise the issue of proportionality, and I am sympathetic to the Government’s position, but does my right hon. Friend accept that a number of other areas in the Bill, most of which is very good, will need careful examination? For example, the power to enable entrance to premises without a warrant will need to be supported by the evidence base. Will my right hon. Friend also bear in mind that we need to move with some care on the practicalities of transfer to foreign prisons? Although that may be useful to have in the toolbox, when it has been used abroad the evidence is very mixed as to how long and significant a difference it can make. As the Bill progresses through the House, will he engage with the Justice Committee and others on the evidence that we have received on those issues?
James Cleverly
My long-standing hon. Friend makes a number of points. Of course we want to ensure the Bill works. When the Bill is enacted, we want to ensure it improves the lives of people who might be victims of crime and helps to avoid that victimisation, but we also want to ensure that appropriate checks and balances are in place. I feel confident that those are in place, but it is the duty of those on the Treasury Bench to ensure that all Members of the House share that confidence.
Sir Robert Buckland (South Swindon) (Con)
In that spirit, on the basis that this is Second Reading and there are opportunities for this otherwise good Bill to be improved, will my right hon. Friend take on board the important points about ensuring that we get right the extension of the identification principle on corporate criminal liability? We made big progress in the Economic Crime and Corporate Transparency Act 2023 and the Government are now following through on their intention, but I want to ensure we get the wording absolutely right.
Secondly, I note with enthusiasm the presence in the schedule of restricted cost provisions relating to restraint orders for the proceeds of crime. We have long said that uncapped costs are a deterrent to making robust applications. Will he consider extending those principles to other areas of activity, so that we can see more applications being made without the fear of being clobbered by costs?
James Cleverly
My right hon. and learned Friend makes some important and useful points based on his extensive experience. Of course, we listen very carefully to the contributions that have been made. With the indulgence of the House, I want to make progress so that Back Bench Members have time for debate.
We need to understand that crime is a business—a big business. Serious organised criminals are relentless, adaptable and resourceful. That is why we are banning articles that are used to commit serious crime, including templates for 3D printed firearms components, pill presses, and vehicle concealment and signal jammers that are used in modern vehicle theft. In banning the supply, adaptation, manufacture and import of those articles, as well as their possession, we will target the corrupt individuals who profit from supplying those articles to those involved in serious criminality while keeping just enough distance from the offences being carried out to avoid facing the inevitable consequences of their actions.
We are also strengthening the operation of the serious crime prevention orders. It is absolutely right to make it easier for the police and other law enforcement agencies to place restrictions on offenders or suspect offenders and stop them from participating in further crime. Fraud is now the most prevalent form of crime. It costs this country billions of pounds annually and is a terrible personal violation. I have no doubt that every Member of the House will know constituents who have suffered from that type of crime.
The Criminal Justice Bill contains several new measures to tackle fraudsters and the perpetrators of other serious crimes. We are prohibiting the possession and supply of SIM farms that have no legitimate purpose. Law enforcement agencies will have extended powers to suspend domain names and IP addresses used for fraudulent purposes or other serious crimes. We are also reforming the powers used to strip convicted criminals of the proceeds of crime. A new scheme will see the Government work with the financial sector to use the money in accounts suspended on suspicion of crime to fund projects tackling economic crime.
Going beyond economic crime, we are further expanding the identification principle, so that companies can be held criminally responsible when a senior manager in that company commits a crime.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
While fraud accounts for 40% of recorded crime at the moment, only 1% of police resources are used to deal with it. What are the Home Secretary’s thoughts on that?
James Cleverly
By the nature of this crime type, specialism in investigation is inevitable. Ultimately, the training and deployment of the resources of the police and other crime fighting agencies will naturally need to reflect that. It is not quite as simple as mapping the proportion of crime to the proportion of police officers, but implicit in the right hon. Lady’s question is the fact that we need to upskill investigators so that they can focus on those crime types. We are putting the legislative measures in place, the funding is in place, the increase in police numbers is in place and we are happy to work with PCCs and chief constables to ensure that those resources are deployed in the most effective way.
Sir Robert Neill
It may save the House hearing from me at some length later.
I welcome the measures on fraud, because they follow on from the Justice Committee’s report last year that highlighted the gaps in our ways of dealing with it. Will the Home Secretary look carefully at how we reform the identification principle? There remains a concern that the exemptions that were placed on the size of businesses in the Economic Crime and Corporate Transparency Act 2023 may have the perverse effect of allowing many fraudsters to split their businesses up into smaller units that fall below the threshold in that Act. Glencore, for example, had only 50 employees but was still one of the biggest frauds that did massive harm. Can we take the opportunity to look at that issue?
James Cleverly
Once again, my hon. Friend makes a good point. We are always willing to listen to suggestions from colleagues around the House that will strengthen the ability to close loopholes, so that sinister but clever and adaptable individuals do not find a way of navigating through the legislation, so I take his ideas on board. I do not have much of my speech left, Madam Deputy Speaker. I am sure you would encourage me to move quickly, and I beg the indulgence of the House to do so.
There has been a concerning increase in the number of serious offenders refusing to attend their sentencing. It is a further insult to the victims and the families; as we have seen, it causes a huge amount of upset. That is why we are giving judges express statutory powers to order offenders convicted of an offence punishable with a life sentence to attend their sentencing hearings. That measure will apply to all offenders convicted of any offence that carries a maximum penalty of life imprisonment. Adult offenders who refuse to do so, without reasonable excuse, will face punishment with an additional custodial sentence of up to 24 months. The legislation will also make it clear that judges in the Crown court may direct the production of any adult offender, and that the custody officers can use reasonable force to ensure that they are produced.
James Cleverly
I am sorry, but I promised Madam Deputy Speaker that I would be winding up.
Last year, the independent inquiry into child sexual abuse published its final report. It revealed the terrible extent to which children have been betrayed over decades not only by rapists and abusers but sadly, in too many instances, by those who should have been there to protect them. We must honour the courage of those who have spoken out by doing things differently. Everything possible must be done to prevent these crimes. When they do occur, they should be met with heavy punishment. The Bill introduces a new statutory aggravating factor to capture offenders who demonstrate grooming behaviours in connection with specified sexual offences against children and young people, or whose offences have been facilitated by grooming by others.
The grooming itself need not be sexual; it may be undertaken by any offender or a third party and committed against the victim of the underlying offence or a third party. The Government will also bring forward amendments to the Bill to restrict the ability of registered sex offenders to change their names in certain circumstances. Following consideration of the responses to our consultation, which closes on 30 November, we also plan to bring forward amendments to provide for a legal duty to report child sexual abuse.
Sarah Champion (Rotherham) (Lab)
I am incredibly grateful to the Home Secretary for bringing forward legislation on sexual offenders changing their name by deed poll, but we could not find it anywhere in the Bill, so is there any reason why there is a lag?
James Cleverly
It is because we will have to bring it through as an amendment, but I can assure the hon. Lady that we are committed to making this work. [Interruption.] It is a Government amendment. [Interruption.] I disapprove of theft in all circumstances except for when someone brings forward a truly good idea.
Let me return now to the duty to report child sexual abuse. Walking by or turning a blind eye should never, and must never, be an option. The Bill enables polygraph testing to be extended to more serious sexual and terrorism-linked offences, including for convicted murderers who are assessed as posing a risk of sexual offending on release. It also ensures that those serving multiple sentences alongside a sentence for a sex offence can be tested for the whole of their licence period. The measure further applies to individuals convicted of non-terrorism offences who would have been determined by the court to have a terrorism connection if the option had been available at the time of the sentencing.
The Government have a programme to build 20,000 new prison places. It is the biggest prison building programme since the Victorian era. Prison demand is likely to increase over the medium term, as we continue to empower police forces and the courts to drive down crime and punish offenders.
In order temporarily to increase prison capacity, the Bill will introduce domestic powers to transfer prisoners to rented prison spaces overseas subject to future agreements with other countries. Norway and Belgium have successfully rented prison places from the Netherlands in the past. The Bill will also extend the remit of His Majesty’s inspectorate of prisons to include any rental prison places abroad.
The Criminal Justice Bill will give the police greater powers, the public greater confidence, and the courts greater ability to punish offenders and protect the law-abiding majority, and I invite the whole House to get behind it.
Yvette Cooper
My hon. Friend is absolutely right about the impact of shoplifting. If town centres do not feel safe, it is local businesses that are hit and can end up going under as a result, undermining local economies and putting off local residents who want to go shopping. Sometimes elderly residents, in particular, will simply not go into town anymore if they do not feel safe, and if they feel that laws are just not being enforced when they watch people leaving the shops with a big bag of goods stolen from the shelves and see nothing being done. It is just not good enough.
That is why my hon. Friend the Member for Nottingham North (Alex Norris) rightly called for stronger measures to tackle assaults on shop workers. The Government did finally agree, as a result of his campaigning, to an aggravated sentence for assaulting shop workers, but that is not enough. The whole point is to make it simpler for the police to take action and to send a clear message from Parliament to police that this is an offence we take immensely seriously. That is why Labour will be tabling amendments that reflect the campaigns by USDAW, the Co-op, Tesco, the British Retail Consortium and small convenience stores for a new law and tougher sentences for attacks on our shop workers. Everyone should have the right to work in safety and to live free from fear.
The Minister for Crime, Policing and Fire (Chris Philp)
We do take retail theft and shoplifting very seriously and agree that more needs to be done, but may I draw the shadow Home Secretary’s attention, and that of the House, to the retail crime action plan, which the Government agreed with the National Police Chiefs’ Council just a few weeks ago? In that plan, the police commit to investigating reasonable lines of inquiry for all shoplifting cases, including running CCTV evidence through facial recognition software, attending the scene of a crime where that is necessary to gather evidence, where there has been an assault or where the offender has been detained, and using data analytics specifically to go after prolific offenders. All that is in addition to Project Pegasus, a joint project with retailers to go after serious and organised crime. I hope she will join me in welcoming the plan, which I believe will be very effective.
Yvette Cooper
I would gently say to the Minister that the fact that it is an announcement—
Yvette Cooper
It is a plan; it is not even an announcement of something that is going to happen. It is an announcement that there is a plan for the police to check CCTV when a theft has taken place. That just shows how bad things have got over the past 13 years. We welcome any work that is being done, including by the British Retail Consortium with the National Police Chiefs’ Council. However, the Government are not taking the action that they should be taking to underpin this. In particular, they are not changing the law either on assaults against shop workers or on the £200 limit, and neither are they supporting the neighbourhood police we need to do the work to deliver the plan. There are 10,000 fewer neighbourhood police and PCSOs on our streets and in our communities, and communities know that. It does not matter what the Policing Minister says or what figures he plucks from thin air: people know. They can see it. We all see it in our own towns in our own constituencies, and half the country now say they never see the police on the beat.
Yvette Cooper
I will give way, because the Policing Minister is a glutton for punishment on this one.
Chris Philp
The shadow Home Secretary is very kind to give way. I am sorry that facts and figures get in the way of her argument but, as I said at oral questions yesterday, the neighbourhood policing figures that she keeps quoting are unintentionally misleading. Local policing numbers cover neighbourhood policing, emergency response and others. Since 2015, which is the year that she cites, those numbers have gone up from 61,000 to 67,000, and overall policing numbers are at record levels, at 149,566—3,500 higher than under the last Labour Government.
Yvette Cooper
This is the problem with the Policing Minister: he just thinks that the country has never had it so good on crime and policing. As far as the country is concerned, he is incredibly out of touch. That is not what is happening in towns and cities across the country. The idea that we can just merge neighbourhood policing and response teams, which are different things, shows that he simply does not understand the importance of neighbourhood policing or what it actually does.
Neighbourhood police are the teams who are located locally. They will not just be called off for a crisis at the other end of the borough, district or force area; they are the police officers who can deal with local crimes. They are not the officers who have to deal with rising levels of mental health crisis, which we know so many of the response units have to deal with. There has been a big shift away from neighbourhood policing and into response policing because the police are being reactive, dealing with crises that this Conservative Government have totally failed to prevent for 13 years.
The Government have demolished a lot of the prevention work and teamworking between neighbourhood officers and other agencies in local areas, and as a result the other response officers are having to pick up the pieces instead. The Policing Minister’s approach just shows why the Tories are failing after 13 years. It is not the answer.
Priti Patel
That is a very nice practical example of a community coming together to commemorate and recognise that public service. We are speaking about people who give public service to our country to protect us all, while at the same time making enormous sacrifices. I had the great privilege of spending much of my time as Home Secretary with law enforcement, including police officers on the frontline, and with some of their family members, so I have heard first-hand testimony of the sacrifices made. That is particularly the case for the loved ones of officers who have died in the line of duty; it is incredibly sobering.
This Bill is important, and as it progresses I look forward to working with the Front-Bench team on the measures they are introducing. I will touch on some of the positive measures, as there are sections of the Bill that are hugely welcome. This legislation goes further in giving the public confidence in criminal justice and policing to keep our citizens and our country safe. There are provisions to address the use of 3D printers and electronic communications devices that aid vehicle theft. I think it is fair to say that we are great believers in designing crime out through the use of technology—making it harder for criminals who abuse the system to even commit the crime in the first place. The measures in the Bill should help in that preventive work.
Criminals are clever: they are constantly adapting, they are agile and they evolve their methods. As legislators, we must be prepared to make sure that we can do more to support the police to fight offenders. I welcome more details on how the Government will continue to grow their plans. The Policing Minister mentioned facial recognition, and I support that work. It is about time that we stood up to some of the legal challenges and brought in more facial recognition provisions to strengthen law enforcement.
I particularly welcome the measures in clauses 9, 10 and 18 relating to knives and bladed articles. I agree that more can be done. Online loopholes around the purchase of weapons has been a subject of discussion in the House for a long time, and I think we could do much more there. It is a fact that we are all horrified and shocked by the impact of knife crime on our streets on victims and their families. The lives of so many young people are blighted by the horrors of knife crime, and we can absolutely come together on this issue. Our hearts go out to victims of knife crime and their family members. We never, ever want to experience the grief and anguish that they endure, but we can do more. I pay tribute to the many campaigners in this space; we should stand with them to do much more.
I am pleased to see that clause 13 and schedule 2 include new provisions to strengthen the legal framework to prevent people taking, sharing and broadcasting intimate images—of course, I am referring to revenge porn. There are still loopholes, and we want to do more to close them. It is a sickening offence that blights people’s lives. Essex police investigated a very high-profile revenge porn case that led to the successful prosecution of an offender, Stephen Bear. I pay tribute to Georgia Harrison, who was on television again just yesterday, both for her bravery in speaking out so strongly and encouraging others to come forward and for the many ways in which she has championed this issue. Our laws have to be flexible and able to adapt to modern technology, so that victims are protected from the people who commit those dreadful crimes.
That brings me on to the measures in the Bill that cover the management of offenders who have a record of coercive and controlling behaviour. Clause 30 puts those offenders under the multi-agency public protection arrangements, which is very welcome. Those measures build on a strong record of supporting victims of domestic abuse and violence, and it is vital that they are put into effective practice. Having mentioned domestic abuse and violence, I want to touch on a really harrowing aspect of that issue: domestic homicides. A great deal of work has taken place in the Home Office around domestic homicide reviews. I led that work, and would like to see it strengthened so much more. We see too many loopholes, and I am afraid local authorities are not always following up on domestic homicide reviews in the way we would like them to. A lot of good practice is already out there, with some local authorities championing that work, working with multi-agency teams and law enforcement.
I also welcome the measures in clause 32 of the Bill to confiscate the proceeds of crime, and serious crime prevention orders, which are dealt with in clauses 34 and 37. Again, it is important that we constantly adapt and update our legislation, and that those measures are operationalised and implemented in an effective way. I look forward to hearing more details from the Government about those areas.
I have already touched on the great work undertaken to keep our streets safe and fight crime, particularly the work of the police, who are on the frontline. I believe that we should back the police when it comes to new technology, but also by standing by them as legislators, including in difficult times when the way in which they are policing and operationalising and their professional judgments are under scrutiny, including public scrutiny. The police are the ones who put themselves in harm’s way to protect the public, and in recent weeks, we have seen the pressures they face when it comes to policing in challenging circumstances. I pay tribute to the police—I have seen them in very difficult situations. They are skilled professionals, and the recruitment of 20,000 police officers did not come out of the ether. A great deal of detailed work took place around that recruitment, but also around retaining them—how our laws back them, and how new technology and funding enables them to do their jobs. Our police officers are a credit to our country, and we should always show them our appreciation. They are diligent and maintain the highest possible standards, as I have seen myself.
However, we have of course seen some shocking and disturbing incidents, inappropriate conduct and serious criminality involving police officers. We have debated that issue in this House many times, both during my time as Home Secretary and since I left that position. It is right that chief constables and police commissioners across the country work to improve professional standards—I have had many discussions to that effect—but it is also important that we learn the lessons when things go wrong. In particular, the measures in clause 73 relating to ethical policing and the duty of candour can build on the work that has taken place through recent reviews. Of course, inquiries are still taking place, in particular the Sarah Everard inquiry that Dame Elish is working on. It is important that we maintain those standards going forward—we have a lot of work to do.
I will now touch on some areas in the Bill where I want to see greater scrutiny to ensure that the measures in this legislation will make a difference and will go further in some quarters. One area that needs reflection is clause 19, which the Chair of the Justice Select Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), touched on already. That clause contains measures that would permit entry into private premises without a warrant.
I am the first to recognise the desired outcome that the Government are seeking: to support the police in tackling the issue of stolen goods by enabling them to enter and search premises and to seize items without a warrant. We all want to see those responsible for those crimes apprehended more quickly, and the goods returned to their rightful owners—that is absolutely right. Too often, victims of crime are left frustrated by the challenges involved in investigating those crimes and getting their goods back. However, as the party of law and order that believes in safeguarding the rule of law, I want to ensure that if this power is introduced, freedom and civil liberties are maintained and due process remains in place. There is the prospect that that power will be misused, leading to miscarriages of justice.
Kit Malthouse (North West Hampshire) (Con)
I share my right hon. Friend’s slight misgivings about that clause; it will be interesting to hear the argument that the Minister makes. Obviously, there are already circumstances in law where, if the police have reasonable suspicion that a person has committed a crime, they are able to enter that person’s premises in pursuit of them or the goods they have supposedly stolen. As such, I am unsure what more the clause will add; it will be interesting to see where the Government take it. I share my right hon. Friend’s nervousness about breaching a long-standing settlement with the British people about their privacy and the ability of the police to invade it.
Priti Patel
I thank my right hon. Friend for his intervention. He and I spent a great deal of time discussing policing powers and what more we could do to strengthen them in relation to all aspects of criminality. The Bill rightly includes some safeguards, but there are measures in place already. We need to understand how the proposed powers will work—how their use will be authorised, and in what circumstances. The Bill is at an early stage, and it will obviously be scrutinised in Committee, but there are questions that need to be answered. We welcome those discussions.
I will say a few words about the provisions relating to nuisance begging and rough sleeping. I have listened with interest to the comments that have already been made about this issue on both sides of the Chamber. Members will recall that the Police, Crime, Sentencing and Courts Act 2022 contained provisions to repeal the Vagrancy Act 1824, which is nearly 200 years old. I and my colleagues in the Government at the time worked with all Members of the House on that—it was right that the repeal took place—and we spoke about the replacement legislation as it came forward.
No one in the House would dispute that dealing with homelessness is a difficult, sensitive and highly complex issue. I worked with Government, local authorities and charities on these issues as Home Secretary, as did my former ministerial colleagues. In particular, we looked to provide resources and the right kinds of interventions to support those sleeping rough on our streets. Project ADDER was brought in to deal with a lot of the addiction issues that are associated with homelessness. That is an incredibly successful programme that works with local authorities. The Government must invest more in it and roll it out further.
I recall working on this issue with my right hon. Friend the Member for North West Hampshire (Kit Malthouse), who was then Policing Minister. He brought his London experience to the fore regarding problems in central London. There were some specific cases of begging and homelessness on Park Lane, and we were able to address those issues and deal with rough sleeping, which was causing a lot of problems in that community, by bringing in the police and Westminster City Council and taking some proactive measures. There are also some incredible charities doing outreach work in London and across the community, in particular those that engage with rough sleeping.
We should reflect on the fact that this issue involves some veterans with complex needs, including the challenges posed by mental health issues, as well as some individuals who need trauma-informed support. We need to invest time across different Departments and agencies to tackle this problem, rather than looking at it just in the context of a criminal justice Bill. It is right that the Government look at the legislation required to prevent rough sleeping, and it is also essential that they bring in measures from other Departments to provide the right help and support. It will be interesting to hear from Ministers about the work that will take place in this area and to hear some of their reassurances.
I would like to touch on the point my hon. Friend the Member for Gloucester (Richard Graham) made about spiking. Some work on that has taken place already, and we have met victims of this horrendous crime and campaigners against it. I had the privilege of working with the police on spiking issues, and in fact with Assistant Chief Constable Maggie Blyth, who was brought in to support all the work on violence against women and girls in particular.
During my tenure as Home Secretary, we certainly introduced new restrictions on some of the drugs used for spiking, and we brought in tougher sentences. We also reviewed whether a new and specific offence was needed. One has not been brought forward, but it is subject to debate, and the Policing Minister is familiar with all this. As the Bill progresses, it will be interesting to see where the Government take this issue, particularly because it is difficult to track, as we know from policing data. We should recognise that as a House, but we want to do more to prevent further victims of spiking, and we need to come together to look at what practical measures can be put in place.
I look forward to working with Ministers. We have a very strong team, who will be very diligent when it comes to both building on previous measures and looking to strengthen the Bill to bring in proper practical measures. No one would dispute that the country wants robust action when it comes to going after offenders and punishing those who do dreadful things across our communities, leaving victims harmed. It is right that the Government bring in this Bill and it is right that we work collectively to strengthen our laws, but we do need practical measures to make sure that the legislation actually delivers for victims. We want fewer victims of crime, and we want to protect our communities and strengthen our safety.
The Parliamentary Under-Secretary of State for the Home Department (Laura Farris)
It is a pleasure to close this important debate on the Second Reading of the Criminal Justice Bill, a Bill that puts public protection and community confidence at its core. It has a strong empirical basis, building on the detailed work undertaken by the Law Commission, by Baroness Casey into misconduct in the Metropolitan police, by Clare Wade KC into domestic homicide and coercive control, and by the independent inquiry into child sexual abuse.
It consolidates the significant progress this Government have made since 2010 and it was disappointing to hear the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary, only rely on the statistics from police recorded crime when she knows as well as I do that the Office for National Statistics says that the correct measure is the Crime Survey for England and Wales, which provides—
Laura Farris
I will not because I have little time. That survey provides a more reliable measure of long-term trends than police recorded data.
Laura Farris
If we use the correct measure, the regrettable conclusion for the Opposition is that like-for-like crime is down by 56%.
Laura Farris
Violent crime is down from where it was in 2010 by 52%, and domestic burglaries are down by 57%. If we compare—[Interruption.] If we compare where we were in 2019 to today—
Laura Farris
Domestic abuse, a sensitive category of crime, has fallen between 2019, before the pandemic, to today by 16%. [Interruption.]
Mr Deputy Speaker (Sir Roger Gale)
Order. Even the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) has to understand that the Minister is not giving way.
Yvette Cooper
On a point of order, Mr Deputy Speaker. The Minister will know that the time is not limited. We do have time and she has named me. I do understand that she has the right not to take an intervention but she will also know that, having named me, as a courtesy to the House, she would normally do so.
Mr Deputy Speaker
That is not strictly a point of order for the Chair. The right hon. Lady understands the procedures extremely well.
Laura Farris
The hon. Member for Stockton North (Alex Cunningham) said that this Government have failed in their duty to keep citizens safe. It is regrettable that His Majesty’s chief inspector of constabulary, Andy Cooke, takes a different view. He has said:
“England and Wales are arguably safer than they have ever been.”
In the limited time I have available, I will address some of the points that came up today. I will respond in writing to those whose speeches I cannot address. Under this Bill, we are taking the fight to serious organised criminals, cutting off their capacity to churn out new firearms, mass-produce illegal drugs and perpetrate fraud with devices using multiple SIM cards. As my right hon. Friend the Member for Witham (Priti Patel) elegantly put it, we are designing crime out. We are cracking down on some of the most pernicious harms, which are often hidden from view. We are developing recommendations of the independent inquiry into child sexual abuse, and we are developing the package of measures announced by the Prime Minister in April by creating an obligation in law to treat grooming as an aggravating factor in sentencing.
I congratulate the hon. Member for Rotherham (Sarah Champion) on the name change measure. I also pay tribute to my hon. Friend the Member for Bolsover (Mark Fletcher), who introduced a ten-minute rule Bill on that issue. I will just pick up on the point about mandatory reporting, which the House will know was the subject of a principal finding and recommendation of the independent inquiry into child sexual abuse. I hope that the hon. Member for Rotherham agrees that the measure is a good step forward.
I will briefly address two other issues. Making murder at the end of a relationship an aggravating factor, recognising that the moment of maximum danger for many victims is when they tell him finally that they are leaving, is not the only thing we are doing in that space. Yesterday, the Ministry of Justice announced a consultation on whether coercive and controlling behaviour or the use of a knife or weapon that is already on the scene should become aggravating features in any murder case. I pay tribute to Carole Gould and Julie Devey for their campaign on that.
Finally, I will address the point that was raised about whether the measures we are taking adequately answer the findings of Baroness Casey in her report into misconduct in the Metropolitan police and our handling of it. The measures in the Bill are not the only ones we are taking. We are also acting to ensure that any officer who cannot hold appropriate vetting clearance can be removed from office and that a finding of gross misconduct will automatically result in summary dismissal, and we are giving chief constables the right of appeal following a misconduct hearing if the conclusion is that one of their subordinates has not been subject to an adequate sanction.
The depth and breadth of this debate highlights the need to stay ahead of criminal ingenuity through enhanced supervision, interception and disruption, and by cutting criminals off from the tools of their trade. We are developing legal principles that find their roots in the Counter-Terrorism and Sentencing Act 2021, the Police, Crime, Sentencing and Courts Act 2022 and the Online Safety Act 2023. We are cracking down on crime at every level. From antisocial behaviour all the way to serious organised crime, it blights our communities and targets the most vulnerable. I therefore commend this Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Criminal Justice Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Criminal Justice Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on 30 January 2024.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and Third Reading
(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No.83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Scott Mann.)
Question agreed to.
Criminal Justice Bill (Money)
King’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Criminal Justice Bill, it is expedient to authorise the payment out of money provided by Parliament of:
(a) any expenditure incurred under or by virtue of the Act by a Minister of the Crown, and
(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Scott Mann.)
Question agreed to.