Child Refugees in Europe

Alex Chalk Excerpts

Monday 25th January 2016 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

This is of course an extremely difficult issue, and our hearts go out to the poor children in the Jungle in Calais. But we need to be careful about confusing the clear message of the UK’s aid effort that it is in children’s best interests to remain in the region, where hundreds of millions of pounds of UK aid is available, and not encourage them into the clutches of evil traffickers who frankly do not care if they live or die.

[James Brokenshire]

My hon. Friend has made his point concisely and well. It is that risk of the exploitation of people traffickers that we have at the forefront of our minds. Equally, social media is being used to sell false hope and false opportunity, putting lives at risk.

Donald Trump

Alex Chalk Excerpts

Monday 18th January 2016 Westminster Hall

[Ms Ahmed-Sheikh]

It is not for us to try to get into Donald Trump’s mind. However, it is important for Members here to understand what it is like for Muslims in this country when people take comments made by those such as Mr Trump as expressing genuine concerns about those of us who practise the Muslim faith. That is a very uncomfortable place to be in, and I hope the hon. Gentleman accepts my personal experience in that respect.

Mr Trump condemns my family. In a similar vein, in the ridiculous situation he has created, he condemns the political editor of Sky News, the chief executive of Tate and Lyle, and some of our greatest Olympians. He condemns the leaders of Bahrain, the United Arab Emirates and Jordan for the actions of the very terrorists they are working together to overcome in Iraq and Syria. He does that because we are all Muslims—that, for him, is the one and only common denominator.

Rather than combatting the serious issue of international terrorism, Trump’s statements have bolstered the twisted narrative promoted by the terrorist cult Daesh and others, which pits the west against the Muslim faith. He has fuelled racial tensions across the world, while undermining the national security of the US and the UK. Indeed, in the words of Pentagon spokesman Peter Cook at the time Mr Trump made his statement:

“anything that bolsters ISIL’s narrative and pits the United States against the Muslim faith is certainly not only contrary to our values but contrary to our national security”.

Donald Trump threatens not only the national security of our friends in the USA, but our security. Since her appointment in 2010, the Home Secretary has banned hundreds of individuals from the UK. Quite correctly, her job is to protect public safety and to promote our security. She has already explicitly excluded 84 people for hate speech, and she should make Donald Trump No. 85. Using the powers vested in her, she has excluded serious criminals, far-right extremists and homophobic extremists, and the same rules should be applied consistently and equally to all—if we agree they should exist, they should exist for that very reason. We have a responsibility to ensure peace and security, and we should ensure that whoever enters or leaves our country is treated in the same way.

I am proud that the Scottish Government have taken a lead by removing Trump’s status as a GlobalScot ambassador. As for questions about hypocrisy, it is important for me to confirm that that status was bestowed on him by a former Labour Administration, so let any myth about that be dispelled now. However, the same point applies: no genuine person could possibly have envisaged that this man would make such horrendous comments.

The UK Government now need to demonstrate their commitment to promoting religious harmony by applying their own rules consistently in this case. I understand the argument made by some that we should educate Mr Trump and that we should invite him here to see for himself how to build bridges with the Muslim community, rather than putting up barriers. This is a man who seeks to be President of the United States of America, and we think we need to educate him. We should be very worried if a man lacking such education seeks to lead a nation.

[Alex Chalk (Cheltenham) (Con)]

The hon. Lady is making a powerful speech, but may I suggest that this is actually about buffoonery? Ultimately, buffoonery should be met not with the blunt instrument of a ban, but with the classic British response of ridicule.

[Ms Ahmed-Sheikh]

It is within the gift of the British state to deal with Mr Trump in the same manner it has dealt with other people. The hon. Gentleman referred to Mr Trump’s buffoonery, but his remarks condemn an entire religion—one that I practise. It may be difficult to understand how that affects people, but it does—Mr Trump is talking about me, my family and my children.

It is worthy of note, however, that Mr Trump’s policy would make it impossible for me or other Muslim friends of America to travel to his country to make the same case that we are making here. Parliament can be extremely proud of the improving record of strong Muslim MPs being elected to both sides of the House to represent their constituents’ interests. However, Mr Trump would ban new Members such as the hon. Members for Ealing Central and Acton (Dr Huq), for Hampstead and Kilburn (Tulip Siddiq), for Wealden (Nusrat Ghani), for Bradford West (Naz Shah) and for Bradford East (Imran Hussain) from entering the USA and making their case there.

I have heard others say that applying the rules consistently in Mr Trump’s case would only add to his notoriety and raise his profile. Anyone who has followed the race for the Republican nomination for President will know that lack of profile is not an issue for Mr Trump. The American people have an important decision to make this year about who they want to lead their country. I am sure they will make the right choice, and it is their choice to make.

Last week, Mr Trump added insult to injury by stating that he will withdraw his investment in two Scottish golf courses if he is subject to the same travel restrictions he advocates for others. However, contrary to his own assertions, he is bad for business. It is already clear that the Royal and Ancient will not include Turnberry on the Open rota while it is still owned by Trump, costing the local economy dearly. Furthermore, Mr Trump’s work actively to undermine a vital offshore renewables investment in the North sea may have serious repercussions for Scotland’s development as a world leader in that emerging technology.

Donald Trump has provided succour to terrorists and promoted racial hatred on both sides of the Atlantic. Of course, he has a right to be wrong, but his statements are dangerous, and they threaten our public safety and national security. We cannot have laws that are applied differently, depending on people’s income, public profile, religion or colour. What does that say about us? Our rules and laws must be applied consistently to all. I call on the Home Secretary to apply her judgment consistently in this case, and I look forward to hearing the Minister’s response. For her to do anything else would be unprincipled and quite simply wrong.

Healthcare: Yarl’s Wood

Alex Chalk Excerpts

Wednesday 6th January 2016 Westminster Hall

[Mrs Caroline Spelman (Meriden) (Con)]

I congratulate the hon. Member for Edmonton (Kate Osamor) on securing this important debate. As a longer standing Member of the House, I pay tribute to all hon. Members who have tried so hard to shine a light on the difficulties. I want to mention in particular Sarah Teather, the former Member for Brent Central, who chaired a detention inquiry, on the panel of which I sat, to take evidence from those who had gone through the detention system in this country.

I think the public will be quite surprised by some of the facts that come out of this debate. Each year, some 2,000 asylum-seeking women are locked up in Yarl’s Wood. The majority of them are survivors of sexual violence and rape. Up to 93% of the women detained at Yarl’s Wood claim to have suffered sexual violence of some form, so these are the most vulnerable women that we can think of in circumstances that are far from ideal. Being locked up in detention exacerbates physical and mental health problems, so it is even more important that the health provision should be to a high standard.

[Alex Chalk (Cheltenham) (Con)]

Does my right hon. Friend agree that we should never forget that those who are detained have neither been accused nor convicted of any offence? It is therefore particularly important that they are afforded the high-quality healthcare to which those who have been convicted of no crime are entitled.

[Mrs Spelman]

My hon. Friend makes a very important point. I just do not think that the bulk of people in our society have any idea that the UK is the only country in Europe with no time limit on immigration detention and that one can be detained for an indeterminate period without charge. Most people in British society would think that impossible, but we are the only country in Europe that currently does it. My hon. Friend is right that people who are detained indefinitely without charge should not be denied the healthcare they need. That is one of the key reasons why securing this debate was so important.

The detention inquiry that took place in the last Parliament made six important recommendations to Government, one of which I want to reiterate:

“Decisions to detain should be very rare and detention should be for the shortest possible time and only to effect removal.”

Those recommendations were made to the coalition Government and I sincerely hope that the present Government’s Minister will be able to say in his response what the Home Office is doing about those recommendations and the ones being made today.

We have heard about the types of health problems that women suffer from, but I will highlight the high percentage of suffering associated with sexual violence and the plight of pregnant women. Women for Refugee Women, an organisation already referred to, collected evidence from detainees in Yarl’s Wood and, frankly, as a mother it makes my hair stand on end. For example, a woman recently detained while pregnant said that she had only one hospital appointment while in Yarl’s Wood, which was for a scan at 20 weeks—as hon. Members know, that is late for a first scan. Even then she was escorted by officers who brought the lady to her appointment 40 minutes late. How anxious and frustrated she must have felt—even when she was brought to the necessary scan, she was not presented in time and was not able to speak to the midwife after the scan because no time was left. As a woman who has been through pregnancy, I would expect such basic healthcare provisions for people.

--- Later in debate ---

[Sarah Champion]

I am grateful that the right hon. Lady placed that on the record. It turns my stomach that we are in this situation. Ninety of the 99 pregnant women detained in Yarl’s Wood in 2014 were released back into the community to continue with their cases, so they were locked up and re-traumatised for no reason at all. One of the pregnant women who the charity Women for Refugee Women is in touch with, a survivor of trafficking, was recently released back into the community after being detained for almost two months, even though Home Office guidance says that pregnant women should be detained only if their removal is imminent.

[Alex Chalk]

I am sorry to interrupt the hon. Lady’s excellent speech, but do we not have to be a tiny bit careful about making the point that people are sometimes released into the community and then continue normally? It happens in the criminal system that people who are remanded in custody subsequently have their trial and are acquitted, but that does not necessarily mean that, in all cases, there is not a public policy reason for such action. I understand her argument, but I wonder whether that is the strongest point.

[Sarah Champion]

I will come on to strengthen my point in a moment. It is welcome news that the Home Office has committed to consult on its policy of detaining pregnant women and I hope that it will engage with a wide range of stakeholders, including women who have been in detention while pregnant, to make sure that the process is meaningful. Standards of healthcare in Yarl’s Wood need to improve as a matter of real urgency, but we must not lose sight of the fact that locking up women who have come to the UK to seek our protection is harmful by its nature. However much healthcare services are improved, detention causes mental health trauma and exacerbates physical problems.

These women do not need to be in Yarl’s Wood in the first place. Their claims could be dealt with much more effectively in the community. In fact, two thirds of asylum-seeking women are released from Yarl’s Wood to do just that. The Home Office’s own evidence on the new family returns process found no rise in absconding among families seeking asylum since children stopped being detained at Yarl’s Wood. We can and should learn from that.

Minister, locking up women seeking asylum is expensive, unnecessary and unjust. It is time that the practice is swiftly brought to an end.

Counter-terrorism

Alex Chalk Excerpts

Tuesday 5th January 2016 Commons Chamber

[Mrs May]

I thank the hon. Gentleman for the confidence he has shown in the counter-extremism strategy and in the work that we have developed and are developing on counter-extremism. As he knows, we have had discussions with the devolved Administrations on how the strategy should apply in those parts of the United Kingdom, particularly Northern Ireland and Scotland. Of course, work is already undertaken in Northern Ireland, in a separate strand of action, and that has been shown to be very valuable. Obviously, as he will be aware, at the moment the counter-extremism strategy that we are developing does not apply to Northern Ireland.

[Alex Chalk (Cheltenham) (Con)]

Internet-based propaganda does a huge amount to radicalise and brainwash people living in the UK into planning atrocities or travelling abroad to fight. Does my right hon. Friend agree that the additional resources invested in our security services, including GCHQ, which is based in my constituency, significantly enhance our ability to hunt that material down and remove it?

[Mrs May]

My hon. Friend is absolutely right. Importantly, we have enhanced the resources going into our security and intelligence agencies. He of course has a particular interest in GCHQ, given his constituency. The work being done there is very important, not just because of the information and intelligence that might be helpful in counter-terrorism, but because of what is done there to counter the cyber-security threat we face.

Policing

Alex Chalk Excerpts

Wednesday 4th November 2015 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

I am very pleased to contribute to this debate on policing. I am a criminal barrister by training, as I should probably declare at the outset. I have prosecuted hundreds of offences—from youth robberies in the magistrates court to murders and terrorism offences in the Old Bailey—and I know as well as anyone that our criminal justice system owes an enormous debt of gratitude to our police officers, particularly officers who carry out their duties with a tenacity that is always tempered by fairness. I believe our best police officers, particularly the ones I worked with in counter-terrorism and homicide cases, embody the finest traditions of British policing, with a determination to pursue lines of inquiry wherever they may lead and to get to the truth, however inconvenient that may be. The officers I worked with in serious cases were, without doubt, among the finest to be found anywhere in the world.

The background to this debate is the difficult funding climate that the police, and indeed other public services, have faced. We cannot get away from that, or forget that despite having the fastest growing economy in the developed world—generating more jobs in Yorkshire alone, the county of the hon. Member for Halifax (Holly Lynch), than in the entirety of France, and creating more employment for young people in the United Kingdom than in the rest of the EU put together—we are still running a very significant deficit. If we do not get the deficit under control, it will be a real and present danger to our financial stability. It is also right to say that if we do not get it under control, the deficit will do nothing to keep crime levels as low as we want them to be. Indeed, if we do not get it under control, we will not be able to continue to plough more money into our NHS and into protecting our schools.

How have the police responded to this funding climate? They have risen to the challenge magnificently. Crime has fallen since 2010: there have been 2.9 million fewer crimes, 189,000 fewer burglaries and 465,000 fewer violent offences. The independent crime survey for England and Wales shows a fall of 8% in the year to the end of June 2015. In my own county of Gloucestershire, crime is down by 18%. That is a tribute to the police officers who have shown such resourcefulness and dedication in serving the people of Gloucestershire, and my constituency of Cheltenham in particular. It is worth noting that those stunning falls have been achieved in the context of a much improved reporting culture, with people feeling better able to report crime, particular sexual offences.

[Jack Dromey (Birmingham, Erdington) (Lab)]

The hon. Gentleman, with his considerable experience, asserts that crime is falling. May I quote City of London Police Commissioner Adrian Leppard, who is the national fraud co-ordinator? He said in a circular to all police and crime commissioners and chief constables that the crime survey for England and Wales will shortly include at least

“an extra 3 million fraud and cyber incidents”.

That reflects for the first time the changing and true nature of crime and, in his words, is

“an increase of up to 40%.”

[Alex Chalk]

The hon. Gentleman is absolutely right that crime is changing. That is of course correct, and I will come on to that in a moment. However, the truth—the inconvenient truth for Labour Members, some might say—is that the figures cited are the very figures on which they relied, being those of the independent crime survey for England and Wales. It is no good saying, “Yes, we relied on those in the past but we are not going to rely on them now because they are inconvenient.” There has to be consistency across the piece. There is that consistency of reporting and the figures are unanswerable: crime has come down.

[James Cartlidge (South Suffolk) (Con)]

Has my hon. Friend thought about some of the reasons why crime is falling? Does he agree that it may be linked to our having a stronger economy, with more employment? On the link between crime and deprivation, does he agree that it may be linked to the fact that we have the lowest number of workless households on record?

[Alex Chalk]

My hon. friend makes an important point, one that I was trying to make at the outset. We have to live within our means, not least because if we do not and the implications of economic instability befall our country, one thing that will rise, just as the sun rises in the morning, is crime. That is another reason why we have to live within our means.

How have the police managed to achieve this fall in crime? They have been innovative and forward-thinking. Savings have been made through improved procurement, which has delivered more than £200 million; the police have become less top heavy, rebalancing their forces in favour of rank and file officers; and they have redeployed their assets, putting a higher proportion of police officers on the frontline. As for the Government, it is right to say that the key priorities have been maintained and properly funded. I am particularly interested in counter-terrorism, and £564 million has been put towards supporting counter-terrorism policing in 2015-16. The Independent Police Complaints Commission has received additional funding, as has the police innovation fund. The College of Policing direct entry schemes have also been properly supported. Let us just look at what the police innovation fund has done. It is a multimillion pound fund that will consider proof of concept bids, as well as implementation-ready bids, to support innovation and breakthrough ideas.

[Jack Dromey]

The hon. Gentleman has asserted that counter-terrorism is fully funded. There is unanimity across this House in our determination to tackle the generational threat of terrorism, and there is effective funding of the national and regional strategies accordingly. But what does he have to say to Peter Clarke, the former head of counter-terrorism, who has said that what the Government are missing is neighbourhood policing? He said that if we hollow out neighbourhood policing, we

“risk breaking the ‘golden thread’”—

--- Later in debate ---

[Alex Chalk]

I am very grateful to you, Madam Deputy Speaker. Of course there needs to be front-line policing, too—that is simply unarguable—but I was going to discuss how resourceful and innovative police forces, doing more with less, have been able to deliver that. I wish to talk about what is happening in my county of Gloucestershire, but first let me address the change in crime, about which the hon. Gentleman made a point. He rightly said that crime is changing, but steps have been taken to address that. As we know, the National Crime Agency has been established to take the fight to organised crime, but Opposition Members made no mention of the £860 million invested in the national cyber-security programme to improve cyber-security. I respectfully invite them to mention it, because it is an important innovation. We have also had campaigns such as Cyber Streetwise to help members of the public.

In Gloucestershire, local officers have responded superbly. They have a commendable can-do attitude, they have rolled up their sleeves and they have got on with it. When National Police Chiefs Council officer Sara Thornton said that members of the public should no longer expect police officers to turn up at their door, officers in Gloucestershire said, “No, we will attend.” That is the right approach to take, because burglary is a horrible crime that robs people of their security and it requires a police response—and a police response will continue in Gloucestershire. It shows that Cheltenham and Gloucestershire’s officers are doing an excellent job—

[Jim Dowd]

rose—

[Alex Chalk]

I am sorry, but I am not going to give way. Gloucestershire’s officers are doing an excellent job of making important reforms while continuing to deliver on the public’s priorities. The truth is that further savings can be made, be it through collaboration—emergency services collaboration, where appropriate—procurement or reallocation to the frontline. Measures can be taken by which we face the financial reality but keep our people safe, too. We should back our police officers. They have done it in the past and they will do it again.

Draft Investigatory Powers Bill

Alex Chalk Excerpts

Wednesday 4th November 2015 Commons Chamber

[Mr Speaker]

Order. More than three dozen hon. and right hon. Members are still seeking to catch my eye. If I am to have any realistic chance of accommodating them without intruding excessively on subsequent business, brevity is now required.

[Alex Chalk (Cheltenham) (Con)]

Constituents of mine who work at GCHQ are some of the most talented and dedicated public servants anywhere in our country, but they are also conscientious and scrupulous about acting within the law. Does the Secretary of State agree that these measures contain a clear authorisation and oversight framework, including a welcome judicial element, which can command public confidence and, crucially, allow GCHQ employees to do their vital work with professionalism and pride?

[Mrs May]

My hon. Friend does well in speaking for his constituents who work at GCHQ, and indeed for all who work at GCHQ. Obviously, I have met and dealt with a number of them, and with our other security agencies such as the Secret Intelligence Service and MI5. I can confirm what my hon. Friend says—these people act with extreme professionalism in the work they do, and take extreme care with the powers they exercise. They are very conscious of the powers they hold and they are very careful in the exercise of them. As my hon. Friend says, the Bill provides the important strong oversight arrangements that will enable the people at GCHQ and our other agencies to get on with the job they do so well, day in and day out.

Oral Answers to Questions

Alex Chalk Excerpts

Monday 12th October 2015 Commons Chamber

[Mark Spencer (Sherwood) (Con)]

6. What changes she plans to make to the investigatory powers of the police and security services.

[Alex Chalk (Cheltenham) (Con)]

18. What changes she plans to make to the investigatory powers of the police and security services.

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Government have been clear about the need to provide law enforcement and security and intelligence agencies with the powers they need to protect the public. A draft investigatory powers Bill will be published this autumn for pre-legislative scrutiny by a Joint Committee of both Houses of Parliament.

[Mrs May]

My hon. Friend is absolutely right. New services are obviously being developed. The law makes it very clear that any communications service provider offering a service in the United Kingdom should be in a position to respond to a warrant when it has been decided that there should be access to intercept material on the basis that it is necessary and proportionate. That was made clear by the Regulation of Investigatory Powers Act 2000, and we put it beyond doubt in the Data Retention and Investigatory Powers Act 2014.

[Alex Chalk]

Does the Home Secretary agree that it is incumbent on organisations such as WhatsApp and Snapchat, which routinely encrypt messages, to co-operate with the authorities to ensure that those who may do us harm are prevented from doing so?

[Mrs May]

I assure my hon. Friend, and my hon. Friend the Member for Sherwood (Mark Spencer), that we want to ensure that our law enforcement and security and intelligence agencies have the powers that are necessary to keep us safe. They do an excellent job, but it is our role, here in Parliament, to ensure that they have the legislative backing to enable them to do it. I believe, and the Government believe, that there should be no safe space for terrorists, criminals or paedophiles on the internet.

Stalking (Protection of Victims)

Alex Chalk Excerpts

Thursday 17th September 2015 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

I am grateful for the opportunity to lead this debate on stalking and I refer Members to my entry in the Register of Members’ Financial Interests.

May I begin by placing on record my gratitude to my hon. Friend the Member for Gloucester (Richard Graham), who has played an active role in taking up the case? I also thank Gloucestershire CID and the officer in the case of Knight for their assistance to me, but most of all, I would like to thank my constituent, Dr Eleanor Aston. It is her dreadful ordeal as the victim of stalking that was the principal trigger for the debate. She was targeted by a stalker in a way which, as the court heard, caused her “exceptional anxiety and suffering”. She has shown great courage in supporting the debate, and she deserves the gratitude of the whole House.

I will say a little more about the circumstances of her case in a moment, but thought it might be helpful to set out my main point at the beginning. Stalking is a horrible, violating crime that rips relationships apart and shatters lives. My principal point is that the powers to punish offenders and protect the victims of this horrible offence are wholly inadequate, and that inadequacy is particularly blatant when the stalking concerned forms part of a pattern of repeat offending.

So that you know where I am heading, Mr Deputy Speaker, I am calling for two principal things. First, I want an increase in sentencing powers for offences of stalking contrary to section 4(4)(a) of the Protection from Harassment Act 1997 and, secondly, a review of the restrictive rule in section 265 of the Criminal Justice Act 2003, which means that in any case in which a court sentences a defendant for an offence that he commits on licence—not just stalking—the court must order the new sentence to run concurrently with the old one. It sounds arcane, but it is not. The situation leads to injustice and I shall explain why in a moment. The point is that currently the law does not get that difficult balance right. It creates a sentencing straitjacket that restricts the court’s ability to do justice. The judge in the case affecting my constituent thought that that was wrong. I think it is wrong, too.

I am not seeking something that would have dramatic knock-on effects. Civil servants rightly reach for their calculators to work out what the impact of any legislative change would be. But the cases in which there would be a particularly lengthy sentence for stalking, or indeed an extended sentence, are likely to be rare. Equally, the circumstances in which it would be appropriate to impose back-to-back sentences are likely to be infrequent. The simple point is that when the circumstances demand it, courts should have the tools they need to do justice and protect the victim.

I need to set out a little more detail about the case involving my constituent. Dr Aston is a general practitioner, described at Gloucester Crown Court as “successful and popular”, and she practises at a local surgery in Gloucestershire. Raymond Knight, the defendant, became a patient at her surgery in 2007. As is sometimes the case with this type of offending, the harassment began annoyingly but relatively innocuously, with the defendant sending cards and inappropriate messages to the surgery, but it soon became far more serious.

Raymond Knight began attending Dr Aston’s surgery and vandalising her car, and in 2009 he was convicted of harassment, contrary to section 2 of the 1997 Act, and a restraining order was imposed with conditions. It did not work. He continued to stalk her. He attended her surgery over 100 times and vandalised it, posting foul items through the letter box, and he attended her home frequently. He was arrested and multiple photos were found on his camera and computer. In July 2010 he was sentenced to a two-year community order.

Once again, the community order completely failed to work and the stalking continued. I will set out some of the details so that the House understands why I am making these points. The defendant showed up at a party for Dr Aston’s young daughter and slashed her car tyre. He was arrested again following reports of hacking a water pipe and interfering with the gas supply. In May 2013 he was convicted and sentenced to 44 months’ imprisonment for eight breaches of a restraining order and causing criminal damage.

What about the effect on the victim? Dr Aston was advised by the police to change her name and job and move address. It was suggested that she should come off the General Medical Council register. The stalking led to her being off work for many months, and she was later diagnosed with post-traumatic stress disorder.

What happened next? This is where the law goes wrong. The defendant was released on licence in July 2014, the half-way point of his sentence, with a condition to reside at a bail hostel in Weymouth. However, as is not uncommon in offences of this nature, within six months he was offending again. In December 2014 Dr Aston received two packages, one to her home address in Cheltenham and the other to her medical practice in Gloucester. One was threatening and abusive in content. It suggested that the defendant had been watching her and knew her car registration, where her husband worked and where her children went to school. Chillingly, the second package simply read, “Guess who’s back?”

The defendant was arrested the following day and his licence was revoked. In other words, he was required to serve the balance of the original 44-month sentence. On 15 May 2015 he was sentenced for several offences, including stalking and breach of a restraining order. In his sentencing remarks, the judge stated that the defendant had conducted a campaign for six years in which he had sought to “terrorise” the victim. But the law went wrong, because the maximum sentence the judge could impose for the stalking was five years’ imprisonment. Where there is an early guilty plea, the judge is obliged, as in all cases, to deduct a third from the sentence. That means in reality a maximum sentence of around three years and four months. Of course, prisoners serve half their sentence, so the total time to be served in prison is little more than 18 months. We should bear in mind the fact that that is for the most serious examples of stalking.

The judge in this case clearly felt that the sentence was inadequate. He stated:

“I am frustrated that the maximum sentence for harassment is five years. I would, if I could, give you longer.”

In fact, His Honour Judge Tabor QC appears to have done his best to do justice by imposing consecutive sentences for some breaches of the restraining order, but that is somewhat beside the point.

The second problem facing the sentencing judge was that because of the restrictive wording of section 265 of the Criminal Justice Act 2003, he was obliged to order that the new sentence of five years should run concurrently with the period of licence that he was serving on recall. In other words, he was not allowed to order the defendant to serve out the balance of his original sentence before starting his new one. What did the judge make of that? He added:

“I also make it clear that I feel it is wrong that I am not entitled to pass a consecutive sentence on you.”

The effect of all this is clear. In this case, the judge’s hands were tied. He was able neither to punish the offender nor to protect the victim in the way that justice demanded.

So what needs to change? First, the maximum sentence for stalking contrary to section 4A of the Protection from Harassment Act 1997 needs to be increased. If we think about where stalking fits into the hierarchy, that point is well made. The maximum sentence for criminal damage—an offence against property—is 10 years, and the maximum sentence for a single one-off dwelling house burglary is 14 years. It is bordering on the absurd that the maximum penalty for a campaign of stalking over many years that left the victim feeling, in the words of the judge, “terrorised”, is so much less.

Secondly, to protect the victim, stalking should be a specified offence. That would allow the court, in the most serious cases, after a proper, evidence-based assessment of the defendant, and having found him to be “dangerous” within the meaning of the 2003 Act, to impose an extended period of licence. That would require the defendant, on release, to know that he had to obey the law for an extended period, failing which he could be returned to prison. It may be noted that in this case the judge said:

“I have no doubt at all that you are dangerous in the sense that you pose a significant risk to her in future in terms of causing her serious harm.”

[Kevin Foster (Torbay) (Con)]

My hon. Friend is making some powerful arguments. Does he agree that because the history of the law dates from a time before social media and the internet had exploded as it has now, when there are much greater opportunities to stalk someone and find out the details of their family, the deterrent needs to be stronger than perhaps it was in previous years?

[Alex Chalk]

My hon. Friend makes an extremely important point. He is absolutely right. I suspect that stalking is as old as the sea, but the opportunities to stalk are much greater now than they have ever been. Indeed, stalking was discussed in this House during the previous Parliament, but then, as now, there was a growing sense that the courts do not have the tools they need to be able to address it.

Let me make it crystal clear that I am not from the brigade that says we should be locking people up and throwing away the key. I am merely suggesting that there needs to be proportionality so that judges can, in appropriate circumstances, ensure that the punishment fits the crime and, just as importantly if not more so, that victims can be protected. Just imagine what it is like when you, as the victim, know that the person who has made your life a misery is due to be released from prison for the most serious type of stalking offence about 18 months after he was sent there.

Let me return to my point about back-to-back sentencing, which might sound arcane, but is critical. At the moment, a defendant may commit an offence of stalking, go to prison, be released at the halfway point, and then, as is not uncommon, do exactly the same again. The judge should be able to say, “Right, you go and complete the balance of your sentence. You were told that you would be released at the halfway point but your sentence has not come to an end. If you commit further offences, you are liable to be recalled on licence to complete your sentence, and then you will have to start a sentence for the new crime that you have committed.” That discretion is not open to the court. The judge is obliged by section 265 of the 2003 Act to make the sentences run concurrently. That is wrong. The courts should not be prevented from imposing a consecutive sentence of imprisonment in those cases, no doubt rare, where it is called for. I repeat that I am not saying that that should happen in every case, or even in most cases. I am simply saying that it should be on the list of options available to the sentencing judge, who views the circumstances in the round.

In the overwhelming majority of cases I believe our courts—by which I mean judges, barristers, solicitors, police officers and court staff—deliver a standard of justice of which we can all be proud. In this case, however, our criminal justice system fell short. My constituent, Dr Aston, was not given the protection she required and it is time to put that right.

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

I congratulate my hon. Friend the Member for Cheltenham (Alex Chalk) on securing the debate and thank him for raising this important issue. He has made some excellent points on behalf of his constituent and I am genuinely and terribly sorry to hear about this case. It emphasises why we must get the first response right, identify stalking behaviour at the earliest opportunity and ensure that the criminal justice system does deliver justice.

First and foremost, stalking is a dangerous and devastating crime. The impact on the victim—physically, psychologically and emotionally—cannot be overstated, as we have seen in Dr Aston’s case. We owe it to the victims of this terrible crime to do everything we can to afford them the protection and support they need. It is, as my hon. Friend has said, a horrible, violating crime. This Government continue to work closely with victims, stalking support services, the police and criminal justice agencies to ensure that we are doing just that.

It may help if I set out the laws that apply to stalking. As Members will be aware, in November 2012 two new offences of stalking were introduced into the Protection from Harassment Act 1997. That was in recognition of the fact that, while stalking could be prosecuted under that Act, there was a gap in the law. Those specific offences bridge that gap in order better to protect victims and to bring perpetrators to justice more effectively. They have made a difference.

The most recent data from the Crown Prosecution Service show that in 2014-15, more than 1,100 prosecutions commenced under the new stalking offences—almost a 50% increase on the previous year. A significant number of those prosecutions were brought under the more serious of the two offences, involving fear of violence and serious alarm or distress. Those figures are encouraging and show that the new legislation is beginning to take effect. However we know, and we have heard today, that too many victims of stalking are not getting justice and that more can be done. As my hon. Friend the Member for Torbay (Kevin Foster) pointed out, the ability to offend online increases the opportunities available to offenders, although I must make it clear that that which is illegal offline is also illegal online.

Of course, legislation alone is not enough to tackle the problem. If the new laws are to be used to best effect, it is vital that front-line police officers and prosecutors are equipped to recognise the patterns of behaviour that lie behind the fixated obsessions of a stalker. Since October 2012, the College of Policing training package on investigating stalking has been completed more than 68,000 times by police staff. More than 1,600 CPS staff have completed training on stalking and the Director of Public Prosecutions has commissioned more work to identify actions to increase stalking prosecutions even further.

The difference between stalking and harassment has always been a challenge, particularly when trying to bring a successful prosecution. The CPS is working with Government and other partners such as Paladin, which runs the national stalking advocacy service, and the Suzy Lamplugh Trust, which runs the national stalking helpline, to identify additional training to enable CPS prosecutors to address the issue.

We also continue to work closely with the College of Policing and the police to ensure that appropriate tools are available to put in place protective measures for victims. In July, I met the national policing lead for stalking and harassment, Assistant Chief Constable Garry Shewan, to discuss options for further work. ACC Shewan is currently undertaking a review of police information notices in the light of recent concerns over their use. He will consider whether PINs should be rebranded to make their purpose in addressing low-level harassment more explicit. A PIN may not be an appropriate measure in stalking cases, and guidance to officers will be refreshed to reflect that point.

The Home Secretary and I are considering further evidence on the measures available to tackle stalking and looking at whether there is more that the Government can or should do. For example, the Government have introduced civil orders to help the police deal with domestic abuse, female genital mutilation, forced marriage and sexual offending. We are actively looking at whether a new stalking and harassment protection order could provide an additional route to early intervention to stop this crime.

Prolonged campaigns of the kind involved in the case raised by my hon. Friend highlight the fact that both the new offences are needed. Stalking must be acknowledged as the fixated, obsessive offending that it is. We now need to focus on the early identification of stalking behaviour so that perpetrators can be stopped before someone has to suffer for so many years. The legislation has provided a springboard to drive such a shift in approach, but consideration of a new protection order is another step in ensuring that we do all we can to stop stalking at the earliest opportunity. A new order may include the option to place restrictions on an offender.

[Alex Chalk]

The court already has the power to impose restraining orders—in other words, it can order someone not to go to a certain place—but it is in the nature of such offending that offenders ignore court orders however they are badged. Does the Minister recognise that that is an issue for the criminal justice system?

[Karen Bradley]

My hon. Friend is right. In the case that he has raised, the offender was given a restraining order banning him from 11 counties. However, we need to look at whether we can bring in more civil orders in addition to the criminal justice legislation. Anything we can do to stop offending at the earliest opportunity and prevent it from becoming a prolonged campaign would be positive. The example he has cited really brings home the fact that we need to intervene sooner, including by identifying the signs of such behaviour as soon as possible and deciding whether any measures can be used. I do, however, understand that once an offender has started such a prolonged campaign, there is a difficulty in using civil orders, and that action must then be taken through the criminal justice system. If my hon. Friend will allow me, I will return to his point about the criminal justice system.

I must also say that we cannot look at stalking in isolation from the broader work being done across Government to tackle violence against women and girls and to protect vulnerable people and tackle exploitation in all its forms. Wider work on tackling violence and abuse may help to support an improved response to stalking. For example, the College of Policing has developed an immersive training programme for officers on domestic violence and abuse. That programme is relevant, because nearly half of stalking cases involve a former intimate partner. That was not the case in the example my hon. Friend has cited, but that has been shown by the statistics. Such training will be crucial in helping officers to tackle domestic abuse and implement the new offence of coercive and controlling behaviour, both of which will benefit domestic abuse victims who may experience stalking. By supporting officers to identify patterns of abuse and promoting a culture of victim belief and empathy, the new training packages will improve the police response to a range of safeguarding and public protection issues, including those of victims who are stalked by a casual acquaintance or a complete stranger, as well as those who know their stalker.

My hon. Friend and I have discussed outside the Chamber the specific points that he has made in relation to Dr Aston’s case, including his wish for stalking to be a specified offence in order to increase the level of sentencing, and for section 265 of the 2003 Act to be looked at in relation to consecutive versus concurrent sentencing. I have met my right hon. Friend the Lord Chancellor to discuss those points. He was disturbed by them, and very much wants to meet my hon. Friend to discuss them and to consider what the Government can do to make a practical difference. This goes back to the point that the criminal justice system has to deliver and be seen to deliver justice. Victims such as Dr Aston deserve no less.

I am proud of the progress that we are making in getting to grips with this complex offence, the effects of which can be deep and long-lasting for victims. Today’s debate has been timely in informing us of the impact and what more can be done. Once again I congratulate my hon. Friend, who is a true champion of his constituents. Dr Aston is very lucky to have him as her constituency MP. I know that he will continue to campaign for her and other victims of stalking. As the Minister with responsibility for preventing abuse and exploitation, I am determined to do everything I can, with him, to protect victims and bring perpetrators to justice.

Question put and agreed to.

Oral Answers to Questions

Alex Chalk Excerpts

Monday 6th July 2015 Commons Chamber

[Mrs May]

I can assure the right hon. Lady that in looking at the policing budget I will consider all aspects of policing, and I recognise the role that neighbourhood officers play. We do have Prevent officers working in local communities and doing an excellent job identifying issues there. They are working with local authorities, community groups, schools and others to ensure that we provide support and do what we all want to do—as she suggests—which is to eradicate extremism and the poisonous ideology that leads people to seek to do us harm.

[Alex Chalk (Cheltenham) (Con)]

21. Does my right hon. Friend agree that it is imperative that the Government give the security agencies and law enforcement the powers they need to root out extremism and keep our country safe?

[Mrs May]

My hon. Friend makes a very important point and I am sure he will recognise the excellent work that is done by GCHQ in his constituency. We will publish a draft investigatory powers Bill in the autumn, which will be subject to pre-legislative scrutiny by both Houses, and we will bring forward the Bill in the new year. It will do exactly what he suggests is necessary—ensure that our law enforcement and security agencies have the powers they need to tackle this issue.

Anderson Report

Alex Chalk Excerpts

Thursday 11th June 2015 Commons Chamber

[Mrs May]

My hon. Friend is right to raise that issue, because of course, as I mentioned in my statement, it is not just a question of the Government working with the police and law enforcement agencies; we also need to work with industry. We meet the communication service providers regularly to discuss the use of the powers that the various agencies have, to ensure that the legislation is appropriate, and to look at the technological changes taking place.

[Alex Chalk (Cheltenham) (Con)]

Striking the right balance between liberty and security is essential in a free society, but on the issue of a snoopers charter, I invite the Home Secretary to give real weight to the opinion of David Anderson’s distinguished predecessor as independent reviewer, Lord Carlile, who said that the Communications Data Bill was

“a proportionate response to enable law enforcement and prosecutors to keep pace with the ever more connected world in which we live.”

[Mrs May]

My hon. Friend is right to mention Lord Carlile’s point about the previous Communications Data Bill. I believe that it was a necessary and proportionate response to the need to ensure that the agencies and the police continue to have the powers to keep us safe, to catch paedophiles, to prevent terrorism and to catch and prosecute serious and organised criminals. Those powers have degraded as people use digital communications more, so we need to update the legislation to ensure that the agencies and the police can continue to do their job.