Child Sexual Abuse Material (Digital Devices)

1st reading
Wednesday 15th May 2024 Commons Chamber

Motion for leave to bring in a Bill (Standing Order No. 23)

13:09

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I beg to move,

That leave be given to bring in a Bill to provide for a power to require a person to grant access to their digital devices in the course of a lawful inspection under the Customs and Excise Management Act 1979 where there is a reasonable suspicion that the device may contain child sexual abuse material; to provide that refusal to grant such access constitutes an offence; and for connected purposes.

I begin by outlining the scale of the problem this Bill seeks to tackle. Up to 835,000 individuals in the United Kingdom represent a sexual risk to children, according to the national strategic assessment. We also know that 85% of online offenders are hands-on abusers, too. One in four girls and one in six boys are sexually assaulted before the age of 18. Child sexual abuse material—or CSAM—is abundant online, so much so that almost 30 million unique CSAM files are known to UK law enforcement, and the number is growing all the time.

The digital age has brought with it tremendous opportunities for advancement in many areas, communication has never been easier and the world has never been smaller, but as the world has become smaller, criminal networks have grown larger. Law enforcement is still having to play catch up, and as a result—tragically, unforgivably—more and more children are becoming victims to sexual predators.

The UK Border Force is our first line of defence against people travelling with the intent to cause harm, whatever that may be. Its search powers have been sufficient to stop terrorists and drug smugglers, but they are not sufficient to stop child abusers. That is because the law governing the scope of its search powers was drafted in the 1970s—long before the digital age. A single photo taken from one of today’s smartphones could easily exceed the entire capacity of even the highest-spec 1970s floppy disk, then at the revolutionary cutting edge of computing. It was an era when it was not even conceivable that sexual predators would be travelling across borders with potentially thousands of illegal photos and videos in the palm of their hand.

The outdated law in question is the Customs and Excise Management Act 1979. It grants the power for a Border Force agent to search an individual and their baggage to detect the import or export of prohibited goods. Border Force does not require reasonable grounds to suspect that the individual is in possession of prohibited goods to utilise this power of search in a port environment. While existing powers permit Border Force to require an individual to present their baggage, including their digital devices, those powers do not extend to requiring a person to open that baggage—to unlock a device. If they refuse to do so when asked, there is nothing that Border Force can do.

In previous decades, CSAM would amount to a stack of polaroids, which were often unmistakable and readily detectable. Now all this material is carried digitally, and often behind encryption software and passcodes. To expand on this point, there have been several examples of lone individuals identified as possessing belongings associated with the commission of sexual offences against children—for example, toys, lubricants, condoms and children’s underwear. In these circumstances, where it is reasonable to suspect that the individual may be in possession of digital CSAM, Border Force cannot inspect the digital device unless the individual consents. Each time this happens, we could be letting a dangerous abuser into the United Kingdom undetected. As I mentioned in my Westminster Hall debate on the same subject late last year, even when notified, it can take weeks for the police to trace an individual, and there have been cases where a suspect has raped two or more young girls before being caught.

My Bill gives Border Force the power it needs to prevent this. Under it, an individual refusing to unlock their digital devices would be subject to arrest for a new offence of obstruction. If an international passenger of any nationality arrives in or departs from the UK and Border Force reasonably suspects the individual to be involved in child sexual abuse, Border Force officers will ask them to unlock their digital device so that they can perform a scan to determine, beyond any reasonable doubt, the presence of CSAM as verified by the Home Office’s database. If the individual complies, the scan will take place, and if content is detected, the individual will be arrested under the 1979 Act. If they refuse, they commit an offence, and their devices will be seized and forensically examined by the police or the National Crime Agency.

I want to go into a little more detail on how the technology now available would be used, because I know that some hon. Members will have concerns about privacy. The power to search a device would be governed by a standard operating procedure whereby an inspection would be undertaken via a scan—not a download—that only searched a device’s memory for a file code or hashtag associated with known CSAM files. These codes are held on a Home Office database containing nearly 30 million unique files. There would be no manual device inspection or collateral searches. This also means that Border Force officers would not be subjected to any horrific material themselves, as they would likely have been in previous decades. It is worth noting that a similar power already exists for the police in relation to terrorist material under schedule 7 to the Terrorism Act 2000.

With these new powers, Border Force would become a full part of the multi-agency response needed to help prevent the proliferation of CSAM online. It would also mean it could meet the recommendation of the independent inquiry into child sexual abuse to increase proactive detection of previously unidentified persons, and therefore safeguard children from new or further harm.

I mentioned earlier that over 800,000 people in the UK present a sexual risk to children. What I did not say is that very few of these individuals have been identified. With the new powers that I have outlined, Border Force will go from having a near-zero impact on locating offenders to playing an active role in preventing the sexual abuse of children. Furthermore, it will be able to prevent potential first-generation CSAM from making it on to the internet.

Detection at the border can be a starting point for further investigation, such as identifying other devices or items held at the suspect’s home and looking into other offences against young people. That is the case in New Zealand, a member of the Five Eyes intelligence-sharing group, which brought in similar powers for its border force under its Customs and Excise Act 2018. It reports a near 100% increase in intelligence-led interdictions against travelling child sex offenders since the law was passed.

To conclude, for many years I have campaigned against all forms of child abuse. In February last year, the Marriage and Civil Partnership (Minimum Age) Act 2022, which I sponsored, came into force. It means that is it illegal, under any circumstances, for a child under 18 to be married. We have brought an end to this form of abuse, but it is wrong that we still have laws so outdated that they allow sexual predators and abusers to escape justice. It is also a great frustration that we must expend serious parliamentary time and resources to enact what I believe is a simple and inarguable case. Passing this Bill would give the UK Border Force the ability to play an active role in identifying previously unknown individuals who may represent a danger to children. In doing so, we would be further protecting our children from the lifelong trauma that so often results from being the victim of sexual abuse. Child abuse is happening now, and these powers should be there to confront it.

Question put and agreed to.

Ordered,

That Mrs Pauline Latham, Mrs Sheryll Murray, Mr Ian Liddell-Grainger, Mrs Heather Wheeler and Martin Vickers present the Bill.

Mrs Pauline Latham accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 21 June, and to be printed (Bill 219).

Criminal Justice Bill (Programme) (No. 2)

Motion made, and Question proposed,

That the Order of 28 November 2023 (Criminal Justice Bill: Programme) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration and Third Reading shall be taken in two days in accordance with the following provisions of this Order.

(3) Proceedings on Consideration—

(a) shall be taken on each of those days in the order shown in the first column of the following Table, and

(b) shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.

13:21

[The Parliamentary Under-Secretary of State for Justice (Laura Farris)]

It is an honour to open this debate and bring the Criminal Justice Bill back to the House for consideration on Report. This important legislation is focused—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. We are considering the programme motion. Does the Minister wish to speak to the programme motion?

[Laura Farris]

No.

[Mr Deputy Speaker]

Does anybody else wish to speak to the programme motion?

13:21

[Apsana Begum (Poplar and Limehouse) (Lab)]

I rise to speak to the programme motion, which was tabled yesterday shortly before the rise of the House. It relates to the consideration of hundreds of amendments and new clauses to a serious and substantial Bill. Indeed, they relate to some of the most fundamental issues affecting our constituents. Today there is a debate on amendments and new clauses that cover domestic abuse, human trafficking and the transfer of prisoners to foreign prisons, yet the House was made aware of that only yesterday evening. I am sure that Members across the House will have been up late trying their best to prepare, as I was, but my duty to my constituents compels me to place on the record my shock and worry about what this means, not only for parliamentary democracy but for the quality of legislation that will be passed.

Last week there was an absurd situation when we had a deadline for tabling amendments and new clauses, yet we did not know what business the debate would cover. Then, at my last count, 134 Government amendments were tabled virtually at the last minute. Those are not unsubstantial or merely technical amendments, but include measures relating to new offences that would have potentially significant and wider reaching consequences for our civil liberties, and could even result in imprisonment.

These measures include further powers for the police to exercise without accountability. I do not need to remind the House that many of our constituents are very worried about the powers that the police already have and how they use them. It is no secret that trust in the police is already low, particularly among women, survivors and people from diverse backgrounds. Whatever the different views across the House, surely there is a consensus that measures of such significance, which could have severe and potentially life-changing consequences for our constituents, should not be passed without appropriate scrutiny, and without many of us even knowing of their existence. Accordingly, there has certainly been very little public awareness or debate.

As Members of Parliament, we have a profound duty to those who elect us regarding the scrutiny of legislation. This is not only about having a functioning democracy; this is about having workable and functioning laws. There are many questions about impact assessments, and we do not know what the full disabilities and equalities implications will be. For example, Government new clause 96 prohibits wearing or otherwise using an item for

“the purpose of concealing…identity”

in a locality designated by the police. Before even getting to a fundamental assessment of the measure as a whole, there are many questions and points of clarity that my constituents would want, at the very least, to be publicly established. For example, how will the provision impact Muslim women who wear the hijab or the niqab, because the phrasing refers to using an item “wholly or mainly” for such a purpose?

In closing, let me place on the record my alarm at this Government’s now fairly frequent tabling of large numbers of amendments on Report, and at the short notice, compressed time for debate and scrutiny, and what many of us experience as utter confusion regarding timetabling. That is a dangerous precedent to set, and it is not in the spirit of parliamentary democracy. I urge the Government to withdraw the extra substantial amendments and allow for the proper, democratic, sensible and transparent scrutiny that our constituents expect of us.

13:25

[Dame Maria Miller (Basingstoke) (Con)]

I rise to follow the hon. Member for Poplar and Limehouse (Apsana Begum). I understand the point she makes, but we would of course want to ensure that people listening to the debate are aware that there are two days of debate on the Bill—this week and next week—which I hope will afford some of the scrutiny that she is rightly calling for. I gently suggest to those on the Treasury Bench that they may want to hold one-to-one meetings with those of us who are interested in a number of the areas on which the Government have now tabled amendments, just a couple of days before this important Report stage, so that we can get a proper understanding of what they are trying to do. It would perhaps have been prudent to do so before Report.

Question put and agreed to.