Knife and Sword Ban

Alex Norris Excerpts

Tuesday 6th February 2024 Commons Chamber

[Mr Speaker]

Before we begin the debate on banning knives and swords from UK streets, I remind hon. Members that, under the terms of the House resolution on sub judice matters, they should not refer to any individual cases that are currently before the courts.

I call the shadow Minister.

12.47 pm

[Alex Norris (Nottingham North) (Lab/Co-op)]

I beg to move,

That this House condemns the Government for overseeing a 77 per cent increase in knife crime since 2015; recognises the devastating impact that knife crime has on victims, their families and the wider community; acknowledges that the Government recently announced measures to ban zombie knives and machetes; believes, nonetheless, that this legislation does not go nearly far enough, meaning that a number of dangerous types of knives and swords will remain legal and available on UK streets; therefore calls on the Government to address the shortcomings of the ban by extending it to cover ninja swords and consulting on a further extension; and further calls for the Government to establish an end-to-end review of online knife sales and introduce criminal liability for senior management of websites which indirectly sell illegal knives online.

Ronan Kanda was 16. He went to get a PlayStation controller from his friend, and was yards away from home when he was murdered. He was murdered by two teenagers, who used a ninja sword. They had obtained that sword by buying it online, using someone else’s ID to collect it. They stabbed him in a case of mistaken identity. This is a heartbreaking, tragic story of a young life lost, with a family trapped in the most extraordinary grief, and we are here today because it is time that Parliament acts to tackle knife crime head-on.

Seventy seven per cent. That is how much knife crime has risen since 2015, according to the latest figures released by the Office for National Statistics and the Home Office in recent weeks. That equates to a staggering 48,716 violent and sexual offences committed involving a knife or sharp instrument in the past year. There is a huge human cost to this, with 261 lives lost in the year up to March 2022—the last complete data available to us—and roughly four in 10 murders involving a knife or sharp instrument. For those carrying a knife, almost half of cases led to no further action, with current rules allowing those carrying knives to escape further sanction by writing an apology letter.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am grateful to the hon. Gentleman for giving way because he is describing a situation that is virtually identical to the one we faced in Scotland 15-plus years ago. The initiative taken by the then Strathclyde police force and the Scottish Government since has been a very different approach to tackling it—that of treating it as a public health and social problem, with a violence reduction unit. There is nothing in the hon. Gentleman’s motion that I would disagree with, but it is like playing whack-a-mole with the different sorts of knives available. Does not he agree that this issue requires a much more fundamental and radical approach?

--- Later in debate ---

[Alex Norris]

I am grateful to the right hon. Gentleman for his intervention, and that will be part of my case, so I am sure I will be able to meet that test.

It feels like most days we wake up to another tragic story of death and families torn apart. The most basic search online tells us it is all over the country—Bristol, Feltham, Warrington, Haverhill. My own community of Nottingham was rocked last summer when my constituent Ian Coates and University of Nottingham students Barnaby Webber and Grace O’Malley-Kumar were killed with a knife, and I stand with their families in their attempts establish the facts and failings in this dreadful case.

Things are getting worse, not better, and that means more young lives lost, more children drawn into crime and more exploited by criminals. We know this has a huge impact on our society: hundreds of families crippled by grief for murdered loved ones; life chances of young people squandered; potential left unfulfilled; and the criminals getting away with it and going on to cause further misery. Knife crime destroys lives, devastates families and creates fear in our communities. That is why this debate matters. We must invest in our young people so that they are supported to make the right decisions in life, and we must come down hard on those involved in knife crime—real support, real consequences.

[Alex Cunningham (Stockton North) (Lab)]

Under the Conservative Government and a Conservative police and crime commissioner, Cleveland has the highest crime rate in the UK, and only this weekend we saw another serious stabbing a mile down the road from me in Norton village. We hear the Government try to talk the talk but the bottom line has to be that they are not taking the necessary actions. I am sure my hon. Friend will agree.

[Alex Norris]

I share my hon. Friend’s view. He talks of a case in his community, and we are waking up seemingly so many days in every week with another case in another area in villages, towns and cities. The public are rightly looking for action from us, and that is what I will be setting out in my explanation of this motion.

[Mark Pritchard (The Wrekin) (Con)]

I am glad the shadow Minister talked about “us”. I understand that this is an Opposition day debate and the Government will be criticised, but is it not the case that what the public—on the left and the right and the apolitical—are looking for is cross-party consensus where it can be found in this place to deal with what is a very important issue, and that party politics should be set aside for greater cross-party working? Does he also agree that stop and search has a part to play? On machetes and zombie knives, banning them is not the only solution, although it is a good place to start, but the most radical step is to work together.

[Alex Norris]

We have been clear throughout that when the Government bring forward proposals designed to take this issue on we will give them our support. That is true of the forthcoming legislation on zombie knives, although we have concerns about the scope, but there has to be action, and where there is not action it is our role to point that out. I think the right hon. Gentleman will find that in the tone and spirit of my contribution: we serve no one if we do not do that, but of course we will build consensus wherever we can, and I hope the whole House can get behind our motion today.

It would be a key mission of a future Labour Government to make the streets safe and halve knife crime within 10 years. Recently, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and the Leader of the Opposition unveiled our plans to deliver this with a crackdown on knife crime today and a radical youth prevention programme, and this motion starts to build that out. We are clear: no more loopholes, no more caveats, no more false promises—we need a total crackdown on the availability of serious weapons on Britain’s streets.

[Sarah Dyke (Somerton and Frome) (LD)]

I am grateful to the hon. Gentleman for his comments on this often heartbreaking topic. My constituent Julie’s daughter Poppy Devey Waterhouse was killed in her home with a knife already in her kitchen. Currently, offenders convicted of murder who use a weapon already available at the crime scene have a starting sentence 10 years lower than those who brought a weapon with them. Domestic violence murderers can bank on leniency. Does the hon. Member agree that women killed by knives already in the home need to see equal justice?

[Alex Norris]

The hon. Member raises an important point that needs parliamentary scrutiny. We have an anxiety, as hon. Friends have mentioned many times, that crimes happening in domestic spaces are in some way deemed less significant and that can be reflected in sentencing. This bears our parliamentary scrutiny.

To turn to the motion, we want to see restrictions on the sale of the most serious weapons, those with no functional purpose. Since 2015 the Government have released 16 different press releases about zombie knives but action has been slow to follow. We are pleased that two weeks ago we saw the statutory instrument aimed at taking some of the knives and machetes off the streets, and, as I have said, we will support the Government in that venture, but I hope to hear from the Minister an explanation of why that is a ban not for now or a few weeks’ time, but for September, eight months away. This is an immediate problem that needs more urgency; where is that urgency and leadership? He can be assured of our support, so let’s get on with it.

We also believe, as set out in the motion, that we should go further. We would broaden the ban to include a wider range of weapons and to toughen existing rules on serration and length. That would mean finally banning blades such as ninja swords, the weapon that killed Ronan Kanda. His incredible family are campaigning for this, ably supported by their Member for Parliament, my right hon. Friend the Member for Wolverhampton South East (Mr McFadden), and they are right: any ban on offensive weapons that would not have taken off the street the blade that killed their son is insufficient.

There is also an unintended consequence of leaving out ninja swords. Those who sell these weapons are indifferent to their customers and their customers’ intentions. If colleagues think I am overstating my case, they should just put into a search engine “zombie knives” or “ninja swords” and look at how they are marketed. If knives and machetes are prohibited, these firms will just move on to pushing ninja swords at customers. This is a hole in the Government’s plan and it must be plugged.

We can go further still here. Many banned knives continue to be sold where young people can buy them and have them delivered to their home within a few days. We would introduce, and believe the Government should introduce, criminal sanctions on the tech executives who allow knife sales on their online marketplaces—not just Ofcom sanctions as the Government have opted for, but proper criminal sanctions to send a very serious message to these leaders that if their platforms are being used, and they are not actively making sure they are not being used, for the sale of dangerous weapons, there are going to be very serious consequences, not ones that can be priced in as the cost of doing business. To add to that, we must ensure we have the right tools in law to deal with the digital age.

To drive this work forward, our motion calls for a rapid review of online knife sales from the point of purchase through to delivery, in particular looking at strengthening ID and age checks conducted by Royal Mail and Border Force for UK-bound parcels. Currently, all too often serious weapons can be purchased online with loose ID and age checks, with little oversight, and with no background checks. Every time oversight is loosened and checks are not carried out properly, these weapons potentially fall into the wrong hands and are used to kill. We must ensure we have the most robust system possible to prevent this. To those who carry these weapons, we need to send the unmistakable message that the law will come down hard on them—not apology letters, not weak warnings, but proper and serious interventions.

[Kim Johnson (Liverpool, Riverside) (Lab)]

My hon. Friend is making a great speech. Will he support two parents in my constituency, Leanne and Mandy, whose children were killed by knife crime? They are calling for much stronger sentences and greater deterrence for knife crime; does he agree with me and their families?

[Alex Norris]

I am going to set out a few of them shortly, but I would be very interested in meeting Leanne and Mandy, if my hon. Friend could help facilitate that, to hear what more they might want to see.

Our commitment is for every offender to be referred to a youth offending team and have a mandatory bespoke action plan to prevent reoffending. As part of that we need tougher new guidance so that serious penalties are always considered where appropriate, such as curfews, tagging and behavioural contracts. Too many of these are being overlooked and insufficient sanctions such as a letter of apology being used in their stead. That is wrong; we need stronger guidance from the centre on this. But speaking to the point made by the right hon. Member for Orkney and Shetland (Mr Carmichael), all of this on its own will not resolve and remove the issue of knife crime in our communities.

We must invest in young people, because prevention is better than cure. We need a total approach—not an either/or, but both. That is particularly germane to this debate, because we know that those who seek to profit from the sale of dangerous weapons shapeshift and adapt around legislation—that is one of the challenges. So we must tackle demand and tackle issues that mean that young people think they need to carry harmful weapons.

Building on the success of Sure Start—the last truly transformative prevention programme for young children—we would create the Young Futures programme to help prevent violent crime. It would be a targeted programme in every area to identify the young people most at risk of being drawn into violent crime and of buying these products that we are seeking to restrict. We would build around them a package of support that responds to the challenges they face.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

As well as providing support to young people—I welcome the £100 million of existing funding to divert and support young people through preventive work—does my hon. Friend agree that it is crucial to provide positive role models through mentoring to every young person in the country? I have worked on that with the charity UpRising, which I have chaired for many years. Does he also agree that we should look at institutions such as the Royal London Hospital and its trauma unit, which has worked on the frontline dealing with the results of knife crime, whether in hospitals or out with paramedics? We can draw on a great deal of knowledge to tackle this epidemic.

[Alex Norris]

I am grateful to my hon. Friend for that intervention, because she has done incredible work that is admired by me and the shadow Home Secretary. A lot of what I am about to talk about is based on that experience, because that work has been very good.

The Young Futures programme will bring together services locally to better co-ordinate the delivery of preventive, evidence-based interventions around a young person that help to tackle mental health issues, substance abuse issues, and issues that people might get into with their friends and family. We will then bring that together in a national network that shares evidence, delivers support for teenagers at risk of being drawn into crime across boundaries and, where appropriate, could deliver universal youth provision. Then, crucially—this speaks to the point just made by my hon. Friend the Member for Bethnal Green and Bow (Rushanara Ali)—we would build out from that, with youth workers in accident and emergency units and in custody centres, and with mentors in pupil referral units, to target young people who are starting to be drawn to violence.

Those are change moments, particularly in healthcare and custody settings. We know it might be the moment when an individual who is sliding into serious violence, whether as a perpetrator or a victim, may need that intervention. It might be the moment where we can get that change in behaviour that will in many cases save their lives. That is why it is so crucial that we have this degree of investment into young people, because otherwise such measures will not work.

[Alison Thewliss (Glasgow Central) (SNP)]

The hon. Member makes good point. As the right hon. Member for Orkney and Shetland (Mr Carmichael) pointed out, a lot of this work has been going on in Scotland. Has the hon. Member met Medics Against Violence, whose “Navigator” project does exactly what he is talking about within a hospital setting? It intervenes through people with lived experience to try to get young people into that frame of mind where they might want to exit that lifestyle and that violence they have got themselves into.

[Alex Norris]

There is clearly much that we can learn from the Scottish approach. I have not had the opportunity to meet Medics Against Violence, but on the hon. Member’s recommendation I will seek to do that. We strongly support the idea of support and mentors in A&E and custody settings. The evidence shows that would be highly effective.

We need to end the exploitation of children and young people by criminal gangs, and that includes county lines. We need a new criminal offence of child exploitation and a new serious organised crime strategy to go after those cowards who make millions off the back of exploiting young people. To bring the change to deliver that, we need a new, proper cross-Government coalition to end knife crime, bringing together those who have key roles in tackling it and in keeping young people safe, whether they are Ministers, community leaders, faith leaders, the families of victims, sporting bodies, tech companies or young people themselves. Everybody should be brought into this fight. That is the sort of Government that we would seek to lead, if given the opportunity.

[Mr Louie French (Old Bexley and Sidcup) (Con)]

The hon. Member is making a passionate speech about bringing various people from across Government and communities together to tackle knife crime. When the shadow Home Secretary and the Leader of the Opposition held a summit in east London last year on knife crime, the Mayor of London, who is the police and crime commissioner, was nowhere to be seen. Can the hon. Member ask the shadow Home Secretary why?

[Alex Norris]

I have to say I am a little saddened by that intervention. This is a deeply serious issue about which the public expect to hear answers. I do not think the public would consider the policing of the diary of the Mayor, the hon. Gentleman or anybody else to be part of a substantive solution. I wrote my note for his intervention ahead of time, because I know that 86 days before a mayoral election, the Tories are much more interested in trying to fight that election than tackling the problem. If he really believes that is the approach—I do not, but it is for him to use his time as he chooses—let us put that to the people of London.

[Mark Pritchard]

On the point about working together, perhaps outside this House, rather than inside it, may I say I completely agree with the hon. Gentleman—yes, I agree with His Majesty’s Opposition—on working together more cohesively with local authorities, public bodies, health services and, in particular, around pupil referral units and exclusions? There are so many disparities throughout the country, and it makes sense to bring everybody together to look at best practice.

[Alex Norris]

That is a hugely important intervention from the right hon. Gentleman. I have real anxieties about pupil referral units, exclusions and internal exclusions. It was a problem prior to the pandemic, but what we are seeing with school absence only compounds that. There is a risk of there being a generation of young people who are vulnerable to these types of behaviour, unless we take the field and fight for their hearts and minds. The right hon. Gentleman and I are in the same position on that.

I will draw my remarks to a close, because lots of colleagues have lots to say. The motion before us in the name of the Leader of the Opposition is tightly drafted and calls for three of the most pressing changes that we believe are needed to kick-start this process: the ban on ninja swords, with a consultation on further extensions to the proposed ban on zombie knives; an end-to-end review of online knife sales; and criminal liability for senior executives of those websites who do not adequately prevent them from selling knives. We believe those are reasonable changes that the whole House can get behind, and I hope the Government will take them seriously. They should support this motion today. The Minister for Crime, Policing and Fire and I have been working on the Criminal Justice Bill Committee for many weeks, and we will be tabling changes to enact those measures, and the Government should accept them. If they take up our ideas before the Bill’s next stages, we will support them, but we will not ignore the large-scale damage that knife crime is doing across the country. The public are rightly looking to us for leadership and action, and we stand ready to give them that.

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[Chris Philp]

Yes, I am very willing to work with the hon. Lady and to look at detailed representations. I have been advised that those sections are quite broad-ranging. I have read them myself and—on the face of it, and reading them as a Member of Parliament would read any bit of legislation—they do strike me as very wide-ranging in their scope. However, I am of course happy to listen to particular representations and to discuss them. If those sections of the Serious Crime Act and the Modern Slavery Act contain lacunae, I would be willing to discuss that. I am looking forward to hearing from the hon. Lady on that topic and working with her if there are gaps to be filled.

We have talked about prevention and about the law needing to be strong enough, and we must come on to enforcement because we must protect our fellow citizens from criminal activity, knife crime in particular. Clearly, it is important to make sure that the police have the relevant resources. An Opposition Member referred to police numbers, and in March last year we achieved a headcount of 149,566 police officers—more than at any time in history. In fact, it is about 3,500 more than under the last Labour Government.

I would like those police officers to do a couple of things. I would like them to be patrolling in hotspots where crimes are a particular problem. We have been doing hotspot patrolling in 20 force areas, in what is called Project Grip and that has delivered very significant reductions in violent crime. We also trialled hotspot patrolling in 10 force areas, including Essex, Staffordshire and Lancashire, for antisocial behavioural last year, and those delivered reductions in antisocial behaviour of up to 36%.

Because that is working, from April this year—just a couple of months’ time—we are putting new funding of £66 million behind it, over and above the record police settlement. By the way, that settlement will see an extra £922 million go to police and crime commissioners, with that £66 million to fund hotspot patrolling in every single police force area in the country, targeted against antisocial behaviour and serious violence, because we know it works. I am sure Members will be lobbying their police and crime commissioners to make sure that those hotspot patrols take place in areas of concern to them. I know, for example, that one of the parts of Essex where those hotspot patrols have taken place is Southend, and it has been effective at reducing antisocial behaviour there.

Stop and search is another important part of this equation. It would seem that the Mayor of London and some Opposition Members do not like it, and I understand their concerns, but we need to use stop and search confidently and proactively—done lawfully and respectfully, of course—because it has taken 60,000 knives off the streets in the last four years. Every month, in London alone, 400 knives are taken off the streets by stop and search. We need to use it confidently and proactively and not pull back from using it, because it will save lives. When we talk to the families of victims—who, sadly, often come from ethnic minority communities—they say, “If only my son’s murderer had been stopped and searched on the way to the murder.” That is the kind of thing we hear people say.

If anyone is concerned about disproportionality—it was a topic I wanted to look at myself—the rate at which knives or drugs are successfully found on people who are stopped and searched is about the same regardless of ethnicity; whether someone is white, black, Asian or any ethnicity, the find rate is about the same, at approximately 22% or 23%. If there was disproportionality or unfair behaviour by the police, we would find a difference, but we do not. So I urge all chief constables and PCCs to use stop and search confidently and proactively.

My hon. Friend the Member for Old Bexley and Sidcup (Mr French) mentioned scanning technology. Technology is being developed—it is not ready for deployment yet, but it is being developed and we are putting funding into it this year—to scan people walking down the street, for example, semi-covertly. It is not a knife arch but is a much smaller scanning device, and it can scan people to see whether they have a knife somewhere on their person. That is obviously much less intrusive than a stop and search, does not lead to some of the tension stop and search can lead to, and it is obviously much quicker to do. I am hopeful that if we can deploy that scanning technology, it will make it near-impossible to carry a knife in a high-traffic place such as a high street in London. We are investing in that technology.

There is also an opportunity to catch more perpetrators using facial recognition, including live facial recognition, which we discussed in the Bill Committee at some length.

[Alex Norris]

Don’t do this again!

[Chris Philp]

The shadow Minister is worried that I am going to spend the next 20 minutes describing it; I am not going to do that, but I will say that in the last week there has been a further deployment of live facial recognition in Croydon and it has caught wanted people. Over the past few weeks, people have been caught who were wanted for knife offences, rape and other very serious offences who would not otherwise have been caught. So live facial recognition can help us there as well. A strong approach to enforcement is critical, too.

We heard some political points from the Opposition Members. I have tried to deliver these concluding remarks in a spirit that is not too political, but a few Members said they thought the solution to this problem was a general election. I would politely and gently say that the largest police force in the country is London’s, and it has a Labour police and crime commissioner. Labour Members have said the way London is run is a model for a future Labour Government, but of the 43 police forces I oversee, Labour and Sadiq Khan’s stewardship of London is pretty much the worst. In the last year, knife crime in London has gone up while in the rest of the country it has gone down. It is the only police force to have missed its police uplift recruitment target. In fact it could have had an extra 1,062 police officers, for which there was Government money available, but it did not recruit them. If that is a model for a future Labour Government, heaven help us all.

In the meantime, where there are measures we need to take to go further, we will. I am very open to having constructive discussions such as those I have agreed to have with the hon. Member for West Ham, because I know all of us are united in our desire to fight the scourge of knife crime. Those of us who have attended the funerals of victims, as I did with Elianne Andam’s family a few weeks ago, and indeed all of us are under a moral obligation as well as a public duty obligation to do everything we can and leave no stone unturned in fighting that scourge, and I will work with Members on both sides of the House to make sure we do exactly that.

Question put and agreed to.

Resolved,

That this House condemns the Government for overseeing a 77 per cent increase in knife crime since 2015; recognises the devastating impact that knife crime has on victims, their families and the wider community; acknowledges that the Government recently announced measures to ban zombie knives and machetes; believes, nonetheless, that this legislation does not go nearly far enough, meaning that a number of dangerous types of knives and swords will remain legal and available on UK streets; therefore calls on the Government to address the shortcomings of the ban by extending it to cover ninja swords and consulting on a further extension; and further calls for the Government to establish an end-to-end review of online knife sales and introduce criminal liability for senior management of websites which indirectly sell illegal knives online.

Criminal Justice Bill (Fifteenth sitting)

Alex Norris Excerpts

Committee stage
Tuesday 30th January 2024 Public Bill Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Mrs Latham, for the Committee’s final day.

The new clause is a welcome addition to the Bill. Clearly, experts have identified that the person B knowledge gap is really important and is creating risk with respect to those who seek gratification in this way. It is right that that loophole is closed. My only question for the Minister is about the sort of scale we are talking about. She mentioned a small number of cases. Do the Government have an estimate of the number of cases that the measure is likely to apply to?

[Laura Farris]

I do not have any indication of the number of cases, but we have heard from the police that there have been problems with getting a prosecution where they cannot prove intent.

Question put and agreed to.

New clause 46 accordingly read a Second time and added to the Bill.

New Clause 47

Maximum term of imprisonment for certain offences on summary conviction

“In the following provisions for “6 months” substitute “the general limit in a magistrates’ court”—

section 1(6)(a) of the Prevention of Social Housing Fraud Act 2013 (unlawful sub-letting: secure tenancies);

section 2(7)(a) of that Act (unlawful sub-letting: assured tenancies and secure contracts);

section 30(3)(b) of the Modern Slavery Act 2015 (breach of certain orders or requirements);

section 339(2)(a) of the Sentencing Act 2020 (breach of criminal behaviour order);

section 354(4)(a) of that Act (breach of sexual harm prevention order);

section 363(2)(a) of that Act (breach of restraining order).”—(Laura Farris.)

This new clause provides that the maximum term of imprisonment for certain offences, on summary conviction, is the general limit in a magistrates’ court.

Brought up, read the First and Second time, and added to the Bill.

New Clause 3

Removal of parental responsibility for men convicted of sexual offences against children

‘(1) After section 2 (parental responsibility for children) of the Children Act 1989, insert—

“2A Prisoners: suspension of parental responsibility

(1) This section applies where—

(a) a person (“A”) has been found guilty of a serious sexual offence involving or relating to a child or children; and

(b) A had parental responsibility for a child or children at the time at which the offence was committed.

(2) A ceases to have parental responsibility for all children, for a time specified by the sentencing court or until an application by A to the family court to reinstate parental responsibility has been approved.””—(Jess Phillips.)

Brought up, and read the First time.

Criminal Justice Bill (Sixteenth sitting)

Alex Norris Excerpts

Committee stage
Tuesday 30th January 2024 Public Bill Committees

[Jess Phillips]

I will just read the first bit of my speech again and then sit down, because we have to get through proceedings today. More than six years ago, in 2017, the Home Office Minister for Crime, Safeguarding and Vulnerability said there needed to be

“a root and branch review of how women are treated in the criminal justice system”.

I will welcome it when it eventually comes. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 39

Requirement for specialist rape and serious sexual offence teams

(1) The chief officer of each police force in England and Wales must establish a specialist team for the investigation of rape and serious sexual offences within the relevant force area.

(2) The chief officer must provide for members of the specialist team to be provided with such training and guidance on the investigation of rape and serious sexual offences as the chief officer sees fit.

(3) Any chief officer who fails to establish a specialist team must produce and publish a report to the Secretary of State outlining–

(a) the reasons for the chief officer’s decision not to establish a specialist team;

(b) how rape and serious sexual offences are to be investigated in the absence of a specialist team;

(c) what training and guidance is given to officers on the investigation of rape and serious sexual offences.”—(Alex Norris.)

Brought up, and read the First time.

[Alex Norris]

I beg to move, That the clause be read a Second time.

It is a pleasure, Sir Graham, to serve with you in the Chair on this final afternoon in Committee. We did not want to miss this opportunity, as any criminal justice legislation is an opportunity to try to improve our dreadfully bad outcomes as they pertain to rape. According to Rape Crisis, there were 68,109 rapes between July 2022 and June 2023. By the end of that 12-month period, charges had been brought in 2.2% of those cases, so that is two out of every 100 resulting in someone being charged. That is just the ones that are reported, with five in six women and four in five men who are raped not reporting.

In the courts, we see trials delayed for years and a staggering 70% of survivors dropping out of the system altogether. Of that 2.2% charge rate, the number of convictions is just a fraction of an already dreadfully low figure. New clause 39 seeks to establish specialist rape and serious sexual offence teams in every police force by making that a requirement. Those teams would have to be provided with proper training and guidance.

If a chief officer of a police force or the Minister had concerns that such a measure fettered operational independence, the new clause hopefully offers a workaround on that. If a chief officer of a police force does not establish such teams, they will be required to publish a report to the Secretary of State outlining the reason, how rape and sexual offences are to be investigated and what training and guidance will be given to officers investigating such cases.

These specialist investigation units will be allowed to use tactics normally reserved for organised crime or terrorist investigations to identify and go after the most dangerous repeat abusers and rapists and get them off our streets. That is not just something that we are pushing forward; it is also a recommendation of the Home Affairs Committee. I am pleased to have the support of its Chair, my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson). The evidence points to specialist teams being effective at investigating such serious crimes, and those forces that do have units already know how well they are performing. Clearly, this should be rolled out so that every victim, no matter where they are in the country, can have their case investigated properly with a view to securing a charge and a conviction.

[Laura Farris]

I am grateful to the shadow Minister for raising this important issue. I agree without reservation that centralisation is crucial to the effective policing of rape and serious sexual offences. When we published the end-to-end rape review, we took our obligations seriously. One of the things that has absolutely transformed the policing response is—initially as a pilot, now the national roll-out—Operation Soteria, which I saw in action with the Avon and Somerset police, who were the pioneers. The hon. Member will be glad to know that one of the academics behind its inception, Katrin Hohl, has just been recruited, so we have ongoing involvement with the academics behind it who are guiding us.

Let me give an idea of how effective Operation Soteria has been. As the hon. Member is aware, it is a completely new model of policing. We call it suspect-focused, but it is much more than that; it is a deep dive into the patterns of behaviour that the suspect has undertaken before the rape was committed, whether they were a family member, a stranger, a Tinder date or a long-term partner. Not only has it enabled the police to make far more referrals, but it is leading to far more convictions. To give the Committee an idea of what that looks like, now that Operation Soteria has been rolled out nationally the police are referring three times the number of cases to the CPS for a charging decision as they were in 2016, which was the high point before the Liam Allan case had that catastrophic effect on police outcomes.

Operation Soteria has been key therefore, but aligned with that is our commitment to recruiting 2,000 specialist RASO—rape and sexual offences—officers. That is very similar to the thrust of the new clause of the hon. Member for Nottingham North. Before appearing in Committee today, I considered the letter that the College of Policing sent to all 43 forces in England and Wales about implementation, which is called the RASO investigator skills development programme for first responders.

The training is available to everyone, and the letter includes a direction as to how many RASO specialists are required in each force—I can send a photocopy of the letter to the hon. Member afterwards. That number is worked out from the size of the population that the force serves, so it is appropriate, and no force will not have a healthy population of appropriate RASO-trained specialists. The date for the conclusion of the exercise is April 2024. With all that in mind, I respectfully invite him to withdraw his new clause.

[Alex Norris]

I note what the Minister says around the transformed approach. The only evidence that will work is whether the charging number increases and cases get to judgment. We will wait to see whether that proof is in the pudding, but on that basis I am happy not to press the new clause, although we might have to return to the matter on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 40

Doorstep theft: aggravating factor in theft offence

“(1) The Sentencing Code 2020 is amended as follows.

(2) After section 72 (supply of psychoactive substance in certain circumstances) insert—

‘72A Theft from outside a dwelling place

(1) This clause applies where the court is considering an offence under section 1 of the Theft Act 1968.

(2) Where the theft is of an item delivered to, but not yet taken inside, a person’s dwelling place, the court must—

(a) treat this fact as an aggravating factor, and

(b) state in open court that the offence is so aggravated.’”—(Alex Cunningham.)

This new clause defines theft from a doorstep as an aggravating factor for the purposes of sentencing in cases of theft.

Brought up, and read the First time.

[Alex Cunningham]

I beg to move, That the clause be read a Second time.

Increasing numbers of people are choosing to shop online regularly, as opposed to shopping on the high street. With that comes an increase in the number of opportunist thieves. Examples of crime prevention advice on doorstep thefts include, on the Staffordshire police website, Chief Inspector Giles Parsons advising shoppers

“to do all that they can to stop this crime happening… Ask for your deliveries to be diverted to trusted neighbours or friends if you’re not going to be home. If this isn’t possible, attempt to rearrange to a time when you know you will be in or choose to collect it instead.”

Similar advice urging preventive safety measures can be found on the Merseyside police website.

Meanwhile, parcel theft has received little attention in Parliament, although it was raised in the other place in June last year, when the then Business and Trade Minister, the Earl of Minto, said:

“Under the Consumer Rights Act 2015, it is the seller’s responsibility to ensure items ordered are delivered and Ofcom requires postal operators to take all reasonable steps to minimise exposure of postal packets to risk of loss, theft, damage or interference in terms of an essential requirement.”

Citizens Advice assumed a statutory responsibility to represent consumers of postal services in 2014. It publishes a parcels league table, and the 2023 results showed that the rate of parcel problems is incredibly high. It says that urgent action is needed, but it focuses its work on better regulation of the parcel delivery sector, rather than on sentencing for individual offenders. Overall, there has been a more limited focus on the offenders themselves.

Contrary to the lack of parliamentary discussion, the issue has been gaining attention in the media. The Telegraph reported on “porch pirates” in December last year, arguing:

“It’s a crime born of modern lifestyles, the explosion in online shopping providing new opportunities for thieves.”

The technology and locker company Quadient submitted freedom of information requests to UK police forces seeking statistics on parcel theft. The average reported value of a stolen parcel is £115.07, which, with Citizens Advice claiming that 5.5 million parcels are stolen each year, suggests a hidden economy of up to £630 million. Police forces warn that just a fraction of parcel theft is actually reported, meaning nobody knows the true extent of the problem. Comparing data held by the police to Citizens Advice’s figure, it appears that fewer than 0.002% of parcel thefts are ever reported.

The material released in response to the freedom of information request also indicated that the most common time for thefts to occur is between 9 am and 5 pm. Forces report that people aged 22 to 34 are the most likely to have a parcel stolen, suggesting that many parcels are stolen from young people while they are at work. The highest average value indicated for a stolen parcel was—no surprise—from City of London police, at £1,128, almost 10 times higher than the UK average. Conversely, Durham constabulary reported an average of £9.78, less than a tenth of the UK average and £1,118 lower than City of London.

Given the growing concern among consumers, whose doorsteps are no longer safe places, it is clear that firm action must be taken. The new clause would introduce an aggravating factor for such offences, recognising that, while the thieves may not actually enter properties, they do trespass in the gardens or yards of their victims, who may well come face to face with them. Criminals should know that, if they are prepared to enter people’s property to steal—just like a burglar would—they risk a higher sentence than for theft from, say, a shop.

The Minister will be pleased to know that I have no intention of pressing the new clause to a vote, but I hope that she will recognise this growing crime in our communities and take action to address it.

--- Later in debate ---

[Alex Norris]

I beg to move, That the clause be read a Second time.

The new clause would create a new offence of assaulting a retail worker. It is no secret that I have been pursuing this issue in some form for my entire parliamentary career, so I do not think the Minister will have been surprised to see it on the amendment paper. The new clause builds on the long campaign by the shop workers’ union USDAW—I declare an interest as a member—the Co-operative party, Tesco, the Co-op Group, the British Retail Consortium and many others to create a new law with tougher penalties for those who attack and abuse shop workers. It is a campaign that unites workers and management, and retailers big and small. We have made significant progress in previous legislation by securing an aggravating factor in sentencing for assaulting a shop worker, but a proper offence has yet to be introduced. The new clause would do that.

Everyone has the right to feel safe at work. The Minister asked a number of times during the evidence sessions why shop workers should be treated as a distinct category. The important factor is that, as well as selling things for themselves or their employer, depending on whether they own the shop or are employed to work there, and wearing their name badge or uniform, they have been asked by us in this place to restrict the sale of dozens of categories of items, including cigarettes, alcohol, knives, acids—you name it. That is a hugely significant act of public service, and the consequences of their not abiding by that request are very significant for them personally and potentially catastrophic for the rest of society.

In that moment, shop workers are put at risk, because every declined sale is a possible point of friction. Actions taken by us have created that flashpoint for violence and abuse, and many of us will have heard the harrowing stories of life-changing injuries that shop workers have suffered simply doing their job. It seems to me proper that if we are going to use legislation to require shop workers to enforce restrictions, then we should be prepared to use it to protect them. We should have their backs in that moment. That is the basic premise.

[Alex Cunningham]

My hon. Friend referred to the evidence sessions. Paddy Lillis said:

“There are about 1,000 incidents a day, and we think that that is just the tip of the iceberg”.––[Official Report, Criminal Justice Public Bill Committee, 14 December 2023; c. 110, Q57.]

He went on to encourage retail workers who are not reporting incidents to do so. The Government’s defence against calls to introduce a specific offence has always been, “There’s not enough of it. It’s not significant enough for a specific offence.” Does my hon. Friend agree that if there are 1,000 incidents a day, there is good cause for the new clause?

[Alex Norris]

Yes. We are talking about an epidemic scale, and it behoves us to take action. Too many staff have given up on us or on the police and are just pricing violence and abuse in as part of the job, which they should never have to do, or leaving the industry and going to do something else.

The staggering degree of violence and abuse is now accompanied by shoplifting. The new crime statistics published last week show that shoplifting has increased by just under a third in the last year alone, as criminals run rife in our town centres. That is what our staff are facing every day—that is the level of the onslaught—and it has a knock-on impact on those who do not work in the shops but live in and love their community. Businesses in difficult economic circumstances can go under if hit hard by persistent shoplifting, which has a catastrophic impact on local economies and puts off residents. Similarly, big chains are making judgments on a store-by-store basis about whether to keep their shops open if they cannot protect colleagues or if crime makes them unviable, and a big retailer pulling out of a community has a huge impact on the high street.

--- Later in debate ---

[Chris Philp]

Yes, I would. In fact, I think both those sectors have been invited to the larger six-monthly meetings of the retail crime steering group. I should have added that my first job in south London was in a Sainsbury’s very close to what is now my constituency —I must have been about 16 or 17—and the first business I ran was a wholesale distribution business whose main warehouse was on the Lichfield Road industrial estate in Tamworth. I recall on one occasion someone trying to drive a JCB through the wall to steal cigarettes and alcohol. That was 20-odd years ago, so I am very apprised of the dangers posed to the wholesale sector as well as the retail sector.

As I was saying, more police attendance is the second element of the retail crime action plan. The third element is targeting prolific and repeat offenders using facial recognition and analysis of data so that we can go after organised criminal gangs. The fourth element is Operation Pegasus, a nationwide project funded partly by about 16 retailers and run by police and crime commissioner Katy Bourne from Sussex. Again, its aim is to identify criminal gangs and go after them specifically.

The police made a lot of commitments in the retail crime action plan, published two or three months ago, and we will have meetings every three months of the retail crime steering group, which consists of leading retailers, the British Retail Consortium and many others, to hold the police to account for delivering the action plan that they have signed up to. I think the next meeting is in a week or two—it is relatively soon. Those are the operational steps being taken. We are working very closely with unions, retailers and representative groups, as I said.

Turning to new clause 41, I have a lot of sympathy for where the shadow Minister is coming from. I understand the desire to strengthen the law in this area, but I will make one or two observations. First, passing laws is the easy bit. The hard bit is creating change on the ground. That applies to a lot of the things we have talked about today, including this issue.

Of course, it is already a criminal offence to assault a retail worker, just as it is an offence to assault anybody. The proposed new offence would replace only common assault—all assault is serious, but that is the lowest level of assault—where the victim is a retail worker. It would not make any difference to or replace other, more serious forms of assault. Those include assault occasioning actual bodily harm, which causes a temporary injury such as a bruise; assault occasioning grievous bodily harm, which causes a lasting injury such as a broken bone; and grievous bodily harm with intent to cause serious injury. The maximum sentences for those other forms of assault are five years for ABH and GBH, and life for GBH with intent. The new clause would not affect those maximum sentences, which are much higher than its proposed maximum.

[Alex Norris]

Is the Minister saying that if a broader new clause covering all those types of assault were brought back on Report, it would be acceptable to the Government?

[Chris Philp]

That is not quite what I was saying. I am going to point out a number of potential weaknesses in the new clause. That is one of them, but it is not the only one. I am just saying that it does not address any of the more serious assaults from ABH upwards. It would not affect probably 100% of the assaults of most concern, and probably 90% of all assaults.

The second issue is equity between retail workers and other public-facing workers. Retailers do very important work. As the shadow Minister rightly said, they do things such as age verification, which we in Parliament asked them to do. They put themselves in harm’s way, and they have been suffering from appalling abuse, which we all want to stop. All of those things are absolutely true.

This new clause, however, targets only retail workers. There are quite a few other workers with an equally strong claim. When it came to the statutory aggravating factor, which I will talk about in a moment, we orientated it towards all public-facing workers—not just retail workers. If we accept new clause 41 as drafted, reasonable questions might arise about teachers, who sometimes suffer assault at school, or bus, tram or tube drivers. What about refuse collectors, local councillors, social workers, and all these other workers who do an important job on behalf of the public, who sadly are often assaulted? They might say, “What about us?” In the previous bit of legislation, which I will refer to in a moment, we directed it towards the inclusion of all public-facing workers, not just retail workers, important though they are of course.

--- Later in debate ---

On reviewing the Scottish evidence, it may be that the shadow Minister has some data that I have not seen, and I am very open to looking it at it if he does. I have not yet seen any compelling evidence on the impact of this measure in Scotland. While I sympathise very strongly with the sentiments expressed by the shadow Minister—and I maintain an active interest in this area and an enthusiasm to look at his data—we will not accept the new clause for all those reasons. We want to push operationally on this issue—I have mentioned the retail crime action plan—and we are certainly willing to keep an eye on it. If a case is made that tightening up the law is necessary to address the serious problems in this area, then I would not categorically rule that out in the future. I hope I have set out why I gently and respectfully resist new clause 41 at the moment.

[Alex Norris]

I am grateful to the Minister for a very full answer and the thoughtful statement on the Government’s case is much appreciated. I start by saying that Ministers on a number of occasions, both in Committee and on the Floor of the House—the Home Secretary is very fond of doing it—have talked about reductions in crime and expect, to some degree, garlands for that. The Minister opens his argument here by saying, “Well, actually, this is something that is happening around the world and we are merely tracking that”, when he knows that those crime reductions, particularly around vehicle crime, map very accurately with our statistical neighbours. There is a danger of cakeism from the Government in saying that, when crime falls, it is because of the wit and genius of Ministers, and when crime increases, saying “Well, it is happening to all of us, isn’t it?” I did not want to let that go unremarked.

On the retail crime action plan and the steering group, we want those to work. We think that those are important interventions and we are all committed to seeing that happen. I know that, whether it is retailers or police, there is lots of energy in this space, and that is very welcome. I still fear that some of it is perhaps a triumph of hope over experience. On the reasonable lines of inquiry, we will again see. That is often cited by Ministers as a major plank in their approach, but I am still willing to take a wager that there is going to be a heavy degree of triage in some of that. The system suddenly being able to do that, having not been able to do that, implies a change of operating model, which has been available at short notice.

[Chris Philp]

First, I put on the record my thanks to Chief Constable Amanda Blakeman of North Wales police, who leads for the NPCC in this area and was instrumental in publishing the retail crime action plan. On the hon. Gentleman’s question about the deliverability of all reasonable lines of inquiry, the approach was based on that taken by Chief Constable Stephen Watson in Greater Manchester, starting about a year and a half ago—perhaps two years now. You might be familiar with this, Sir Graham, but it worked successfully in Greater Manchester, to the point that arrests went up 44% year on year, and I think two magistrates courts had to be reopened, because of the volume of arrests. We saw that working under Chief Constable Watson’s leadership, and we want to replicate the success across England and Wales.

[Alex Norris]

I am grateful for that, and we want to see that success. I add my congratulations to Chief Constable Watson, as well as to—for a little balance—the Mayor of Greater Manchester and to the Deputy Mayor, our former colleague Kate Green. However, we will see, because a lot of the action plan and the Government’s other plans are predicated on that work, but the results remain to be seen.

Facial recognition is a good tool in the toolkit. We certainly want detection and to break up organised elements, but again that is a retrospective tool, and it is only part of the armoury. My hon. Friend the Member for Swansea East made an important point that I should have made about the wholesale sector. This is about retail workers in the retail setting, but there is a wider picture, as the Minister said, citing the shocking example in his own experience. This is something that is happening in the supply chain, too: highly organised criminals are taking their in-store experience to go further up the supply chain. That behoves us to take action.

On the specific concerns about the new clause, if the Minister feels that it does not go far enough on assault or cover enough assaults, we are happy to shake hands now on an expanded definition. We would have no problem with that at all. On equity with other industries, we all say that no one should go to work in fear, or in actual fact, of being subject to violence or abuse. The reason why this case is different is that we have put extra obligations on individuals—an obligation with severe consequences: “If not followed, you will lose your job”—so there is some extra responsibility on us.

[Chris Philp]

Do we not put obligations on, for example, bus drivers to collect fares? That is just one example.

[Alex Norris]

That does not seem to be the same. Universally, passengers go on to a bus and expect to pay a fare; there is no sense of a growing picture of violence related to bus drivers asking for money from their customers. To be honest, going beyond that case, the point about our special responsibility in this place is that the volume alone behoves us to act. If I am wrong, I will take a different slant, but I do not believe that bus drivers or any of the other industries mentioned—teachers, refuse collectors, local authority councillors—face violence to this degree, with 1,000 incidents a day; if that starts to become the picture in those industries, I will be at the front of the queue to talk about the protections such workers might need. At the moment, however, a fire is burning in this sector, and it is having dreadful consequences for individuals and for the collective, which is why I believe that the change I have suggested is necessary.

On Scotland and the evidence, I was quoting what we had heard in the evidence sessions from Paddy and Paul. The Minister made a good point about the ability to separate assault, but Paul was talking in-store, so assaults that happened in stores would, by definition, be against retail workers. Again, that was all there in their evidence.

I will bring my remarks to a conclusion. This is a point of difference between us and the Government. The Minister made a cogent case, as always. It sounded a lot like the arguments that we had before we got the aggravated offence—the Government always say no until they say yes, in my experience—so I will give them a chance to say yes today, because I will press the new clause to a Division; then we will keep doing that until eventually—I have no doubt whatever we will—we form one mind on this issue.

Question put, That the clause be read a Second time.

--- Later in debate ---

Similar action has been taken in Australia, where legislation was passed in September 2014. The point of the new clause is to make it clear that a single punch is as dangerous and potentially deadly an act as the use of a knife or of any other lethal weapon. A person’s hands, when used as instruments of violence, can cause irreparable harm and heartbreak. It is hoped that implementing minimum sentences to treat one-punch killings with the severity they deserve will send out a resounding message that such acts will not be tolerated in our society. I do not intend to press the new clause to a vote, but I hope that the Government will introduce such a proposal on Report.

[Alex Norris]

It is a pleasure to follow the excellent contributions from my hon. Friend the Member for Birmingham, Yardley and from the right hon. Member for Chelmsford. I have spoken to the hon. Member for Bishop Auckland about the new clause; I commend her for her efforts and her courage. It takes real bravery to talk about this issue and press for change.

As my hon. Friend the Member for Birmingham, Yardley said, the new clause intends to create a penalty commensurate with the impact and the nature of the offence. The right hon. Member for Chelmsford talked about unduly lenient sentences; what strikes me from even very cursory research on the topic is the significant range in outcomes, which is hard to understand. It shows that there is a bit of looseness in the legislative framework around this sort of offence.

We will not divide the Committee on the new clause today, but I hope collectively we will send the message that this crime is as dangerous as other forms of serious violence. It has a devastating impact—a ripple effect, as One Punch UK puts it—on individuals, families, local areas and communities.

We have just debated an important new clause about violence against retail workers. The setting for that is quite defined, so we can plan what the response to a crime of a certain nature that happens in a certain place should be. One of the trickier things about this sort of crime is that it could be part of antisocial behaviour or a dispute among neighbours; it could be done in a shop by someone who intended to commit a crime, but not the crime that ended up killing someone; or it could be related to drug use, driving or football. We need to keep an eye on football violence—I am a fan who has been going to matches for three decades, and it feels as though behaviour is changing. Every time we see that sort of aggression or violence, there is a possible moment of manslaughter.

Taking a lead from the Australian approach has merit. I am very keen to hear the Minister’s views. I commend the hon. Member for Bishop Auckland for her new clause.

[Laura Farris]

I pay tribute to my hon. Friend the Member for Bishop Auckland, who has been such an effective campaigner on this deeply personal offence that completely devastated her young life. She has made sure that it is seen not as a minimal offence or a nasty accident, but as the most serious form of assault. I know that she has been engaging with the Lord Chancellor, and I do not want to pre-empt those conversations. I was due to meet her this week; she was unwell, but we will still do so, and there is a process of discussion.

I want to say a little about new clause 50, and about one or two of the concerns that we have at this point. One-punch manslaughter is already a form of unlawful act—manslaughter—and it closely overlaps with that offence. The new clause closely reflects the existing law, but the common-law offence of unlawful act manslaughter has a maximum penalty of life imprisonment.

The new clause has two elements that differ from unlawful act manslaughter, meaning in practice that it would apply only to a small number of cases. First, the unlawful act set out in the new clause requires

“a single punch to the head or neck”.

Secondly, whereas unlawful act manslaughter requires that a reasonable person would have understood that the act posed some risk of harm, the new clause requires a “significant risk” of harm. In other words, it is setting a higher evidential threshold for what the perpetrator knew than the current principles of manslaughter. We would not wish to create an offence that made it harder to get a conviction rather than easier, as is currently the case with manslaughter.

We make similar observations in relation to GBH. Murder can be charged in two circumstances: where there was an intention to kill, or where there was an intent by the perpetrator to cause serious harm to the level of GBH. An intent to kill is not usually present in one-punch cases, but an intent to cause serious harm to the level of GBH may be present. That is called the GBH rule, and in some ways it overlaps with the specific circumstances described in the new clause. There is therefore a risk that people who could be charged with murder would deviate to pleading guilty to the lesser offence because they think that they would get less time. We want to avoid that.

I had another point to make in passing about the Australian system—I cannot lay my hand on my note, but I was going to say that it results in lower sentences than what is suggested here, so it is not a perfect read-across.

The Government’s other concern, as nobody on this Committee will be surprised to hear, is about the new clause setting a minimum sentence. We do not wish to create anomalies in the law. How would the family of a victim who was killed by a single punch to the abdomen feel if the minimum sentence did not apply? How would the family of a victim who was killed by two punches to the head feel if their case was treated differently?

As the Committee has seen over the course of our debates, minimum sentences sometimes create difficulties in the law on homicide and irregularities in sentencing. When we extrapolate those to certain circumstances, some of which we probably cannot even imagine as we sit here today, they could cause irregularities further down the line. None of that is fatal to the new clause, by way; it simply informs our thinking and our nervousness with the minimum-sentence suggestion at the moment.

We appreciate, without any reservation, the very serious harm that the new clause targets. We want to see laws and sentencing powers that are flexible enough to deal with different levels of culpability. We would not wish for more people either to get away with it because the intent could not be proved or to use this new offence as an alternative to murder.

We are thinking hard about it, and we wish to maintain consistency in the law. At the same time, we recognise the harm that is caused by this offending. We recognise the seriousness of it, and we recognise the importance of the campaign that my hon. Friend the Member for Bishop Auckland has presented to the House. I ask the hon. Member for Birmingham, Yardley to withdraw the new clause at this point, but we are continuing conversations with my hon. Friend.

--- Later in debate ---

Brought up, and read the First time.

[Alex Norris]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 53—Defences to charges under the Computer Misuse Act 1990—

“(1) The Computer Misuse Act 1990 is amended as follows.

(2) In section 1, after subsection (2) insert—

‘(2A) It is a defence to a charge under subsection (1) to prove that—

(a) the person’s actions were necessary for the detection or prevention of crime; or

(b) the person’s actions were justified as being in the public interest.’

(3) In section 3, after subsection (5) insert—

‘(5A) It is a defence to a charge under subsection (1) to prove that—

(a) the person’s actions were necessary for the detection or prevention of crime; or

(b) the person’s actions were justified as being in the public interest.’”

--- Later in debate ---

[Alex Norris]

The new clauses would introduce a statutory defence into the Computer Misuse Act 1990 for cyber-security professionals who are acting in the public interest to better protect the UK from cyber-criminals.

I want to say very clearly that cyber-criminals are more of a threat than ever, and we need arrangements that are fit for the present day to take them on. In the UK alone, there was a 77% increase in cyber-threats last year. We know that their impact on individuals’ lives can be hugely consequential, but the legislation that provides the foundation to take on that sort of cyber-threat is more than 33 years old. It was written to protect telephone exchanges before the widespread use of the internet and digital technologies. Legislation has not kept pace with modern cyber-security defence techniques.

Consumer organisations such as Which?, trade bodies and UK cyber-security companies have long campaigned for reform of the 1990 Act. The CyberUp campaign, from which we received written evidence and which is backed by a number of cyber businesses and trade associations such as techUK, believes that reform of the Act would future-proof our response to cyber-crime and could deliver benefits for the UK’s economic prosperity and criminal justice system and defend our democracy and national security.

Together, the new clauses would update section 1 of the 1990 Act, which prohibits unauthorised access to computers. Simply put, the legislation inadvertently criminalises a large portion of legitimate vulnerability, security and threat intelligence research by UK cyber-security professionals, who are committing a crime if they use legitimate techniques to check for vulnerabilities, to carry out research or to build defences. We are asking them to put themselves at risk in order to do something that is clearly a social good, so the new clauses seek to update the Act.

The former Home Secretary, the right hon. Member for Witham (Priti Patel), announced a review of the Act in May 2021, nearly three years ago, and Sir Patrick Vallance, who was the Government’s chief scientific adviser, gave his backing, saying:

“We recommend amending the Computer Misuse Act 1990 to include a statutory public interest defence that would provide stronger legal protections for cyber security researchers and professionals.”

In March, the Chancellor committed to implementing Sir Patrick’s review on the pro-innovation regulation of technologies. Hopefully, therefore, we are pushing at an open door. In its report on ransomware, the Joint Committee on the National Security Strategy stated that there has not been enough progress and that the Bill is deficient in this area, so there is a strong argument for this reform.

New clause 52 would tighten up the definition of an offence, and new clause 53 would tighten up possible defences that could be used by individuals legitimately either researching or protecting in the cyber-security space.

[Chris Philp]

The Government broadly support the sentiment behind the new clause—we want to enable people undertaking legitimate cyber-security work to do so without fear of criminalisation—but this is a very complicated area. The Government published their response to the review of the Computer Misuse Act last November, and we are actively considering options to strengthen the legislative framework. However, we need to make sure we do that in a way that does not inadvertently create a loophole or a defence that cyber-criminals or hostile state actors could exploit to defend themselves against prosecution. It is complicated and needs quite a lot of thought, and further work is required to make sure we get this absolutely right. We are therefore not ready to accept legislation, but we are committed to giving it further, very careful consideration, so that if changes are needed, we can make them in a way that does not inadvertently create loopholes.

On protections for people engaged in legitimate activity, I remind the Committee that prior to bringing a prosecution, the Crown Prosecution Service applies the public interest test. If somebody were engaging in legitimate cyber-security activity and inadvertently fell foul of the Act, it may well be that the CPS applied that public interest test and therefore did not proceed with the prosecution. However, this does need some more thought, and I do not think we are ready to legislate yet.

[Alex Norris]

I am grateful for the Minister’s assurances on the Government’s intent, and on that basis I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Schedule 1

Notification orders

“1 The Counter-Terrorism Act 2008 is amended as follows.

2 (1) Section 40 (overview) is amended as follows.

(2) In subsection (2) after paragraph (a) insert—

“(aa) orders applying the notification requirements to persons dealt with in the United Kingdom for certain offences to which this Part does not apply (see section 57A and Schedule 4A),”

(3) After subsection (3) insert—

“(4) Schedule 6A provides for orders applying the notification requirements to persons dealt with for certain service offences to which this Part does not apply.”

3 In section 57, in the heading for “Notification” substitute “Foreign offence notification”.

4 After that section insert—

“57A Domestic offence notification orders

Schedule 4A makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with for certain offences that are not offences to which this Part applies.”

5 (1) Section 59 (application to service offences) is amended as follows.

(2) The existing provision becomes subsection (1) of that section.

(3) After that subsection insert—

“(2) Schedule 6A makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with for certain service offences that are not offences to which this Part applies.”

6 (1) Section 61 (meaning of “dealt with” for an offence) is amended as follows.

(2) In subsection (4)(b)—

(a) for “or” substitute “, paragraph 2(6)(b) of Schedule 4A”;

(b) after “Schedule 6” insert “or paragraph 2(6)(b) of Schedule 6A”.

(3) In subsection (5), at the end of paragraph (a) (before the “and”) insert—

“(aa) paragraph 2(5) of Schedule 4A or paragraph 2(5) of Schedule 6A (conditions for making domestic or service offence notification order where offence dealt with before commencement),”

7 (1) Schedule 4 is amended as follows.

(2) In the Schedule heading for “Notification” substitute “Foreign offence notification”.

(3) For “notification order”, in each place it appears (including in any heading except the Schedule heading), substitute “foreign offence notification order”.

8 After Schedule 4 insert—

“Schedule 4A

Domestic offence notification orders

Introductory

1 In this Schedule—

“the appropriate court” means—

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session;

“authorised person” means the Secretary of State or—

(a) in England and Wales, a chief officer of police;

(b) in Scotland, the chief constable of the Police Service of Scotland;

(c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland;

“offence”: any reference to an offence is to an offence under the law of England and Wales, Scotland or Northern Ireland (and does not include a service offence).

Domestic offence notification orders

2 (1) This paragraph applies where an authorised person makes an application to the appropriate court for an order under this paragraph (a “domestic offence notification order”) in respect of a person (“the offender”).

(2) The court must make a domestic offence notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application).

(3) The first condition is that the offender has been dealt with for an offence (“the relevant offence”) that—

(a) was committed before 29 June 2021,

(b) is punishable with imprisonment for more than 2 years, and

(c) is not an excluded offence.

(4) “Excluded offence” means—

(a) an offence to which this Part applied when the offender was dealt with (see sections 41 and 42),

(b) an offence in relation to which section 30 or 31 of this Act or section 69 of the Sentencing Code applied,

(c) an offence in relation to which section 31 of this Act would have applied if paragraph (b) of subsection (1) of that section were omitted, or

(d) an offence under section 19, 21A or 39 of the Terrorism Act 2000.

(5) If the offender was dealt with for the relevant offence before the commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted—(a)an offence which, on the commencement of this Part, was within section 41(1) or (2),.

(6) The second condition is that—

(a) the offender has been dealt with for the relevant offence in a way mentioned in section 45 (reading any reference to an offence to which this Part applies as a reference to the relevant offence),

(b) the offender was aged 16 or over at the time of being dealt with for the relevant offence, and

(c) the offender—

(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,

(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or

(iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.

(7) The third condition is that the relevant offence has a terrorist connection (see section 93).

(8) The fourth condition is that the period in respect of which the notification requirements would apply in respect of the relevant offence (see section 53) has not expired.

Restrictions on applications for domestic offence notification orders

3 (1) A chief officer of police may make an application for a domestic offence notification order in respect of a person only if—

(a) the person resides in the chief officer’s police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(2) The chief constable of the Police Service of Scotland may make an application for a domestic offence notification order in respect of a person only if—

(a) the person resides in Scotland, or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland.

(3) The chief constable of the Police Service of Northern Ireland may make an application for a domestic offence notification order in respect of a person only if—

(a) the person resides in Northern Ireland, or

(b) the chief constable believes that the person is in, or is intending to come to, Northern Ireland.

Effect of domestic offence notification order

4 The effect of a domestic offence notification order is that the notification requirements of this Part apply to the offender.

Modifications of this Part

5 (1) The following modifications apply where a domestic offence notification order is made.

(2) Section 43(1) does not apply to the offender, as regards the relevant offence.

(3) Section 47(1) (initial notification) applies as if the reference to the day on which the person is dealt with were a reference to the date of service of the domestic offence notification order.

(4) For the purposes of section 53 (period for which notification requirements apply), references there to “the offence” are to the relevant offence.

(5) For the meaning of “the relevant offence”, see paragraph 2(3).”

9 After Schedule 6 insert—

“Schedule 6A

Service offence notification orders

Introductory

1 In this Schedule—

“the appropriate court” means—

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session;

“authorised person” means the Secretary of State or—

(a) in England and Wales, a chief officer of police;

(b) in Scotland, the chief constable of the Police Service of Scotland;

(c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland.

Service offence notification orders

2 (1) This paragraph applies where an authorised person makes an application to the appropriate court for an order under this paragraph (a “service offence notification order”) in respect of a person (“the offender”).

(2) The court must make a service offence notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application).

(3) The first condition is that the offender has been dealt with for a service offence (“the relevant offence”) that—

(a) is punishable with imprisonment for more than 2 years,

(b) is not an excluded offence, and

(c) if a day has been appointed for the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 as that section has effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006, is committed before that day.

(4) In sub-paragraph (3)(b) “excluded offence” means—

(a) a service offence to which this Part applied when the offender was dealt with (see paragraphs 1 and 2 of Schedule 6),

(b) a service offence in relation to which section 32 of this Act or section 69 of the Sentencing Code applied, or

(c) a service offence as respects which the corresponding civil offence is an offence under section 19, 21A or 39 of the Terrorism Act 2000.

(5) If the offender was dealt with for the relevant offence before the commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted—

“(a) a service offence as respects which the corresponding civil offence was on the commencement of this Part within section 41(1) or (2),”.

(6) The second condition is that—

(a) the offender has been dealt with for the relevant offence in a way mentioned in paragraph 5 of Schedule 6 (reading any reference to a service offence to which this Part applies as a reference to the relevant offence),

(b) the offender was aged 16 or over at the time of being dealt with for the relevant offence, and

(c) the offender—

(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,

(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or

(iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.

(7) The third condition is that the relevant offence has a terrorist connection (see section 93).

(8) The fourth condition is that the period in respect of which the notification requirements would apply in respect of the relevant offence (see paragraph 7 of Schedule 6) has not expired.

Restrictions on applications for service offence notification orders

3 (1) A chief officer of police may make an application for a service offence notification order in respect of a person only if—

(a) the person resides in the chief officer’s police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(2) The chief constable of the Police Service of Scotland may make an application for a service offence notification order in respect of a person only if—

(a) the person resides in Scotland, or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland.

(3) The chief constable of the Police Service of Northern Ireland may make an application for a service offence notification order in respect of a person only if—

(a) the person resides in Northern Ireland, or

(b) the chief constable believes that the person is in, or is intending to come to, Northern Ireland.

Effect of service offence notification order

4 The effect of a service offence notification order is that the notification requirements of this Part apply to the offender.

Modifications of this Part

5 (1) The following modifications apply where a service offence notification order is made.

(2) Section 47(1) (initial notification) applies as if the reference to the day on which the person is dealt with were a reference to the date of service of the service offence notification order.

(3) Paragraph 3(1) of Schedule 6 does not apply to the offender, as regards the relevant offence.

(4) For the purposes of paragraph 7 of that Schedule (period for which notification requirements apply), references there to “the service offence” or “the offence” are to the relevant offence.

(5) For the meaning of “the relevant offence”, see paragraph 2(3).””—(Chris Philp.)

The new schedule provides for orders applying the notification requirements in Part 4 of the Counter-Terrorism Act 2008 to persons who have committed certain domestic offences or service offences.

Brought up, read the First and Second time, and added to the Bill.

[Alex Cunningham]

On a point of order, Sir Graham. Is it in order for me to thank you and your fellow Chairs for keeping us in order while still allowing us free-flowing discussions; the Hansard staff and other House staff; our Public Bill Office staff, who always manage to keep me in order; the Ministers for listening and recognising that the Bill has some way to go to satisfy those of us in opposition; and my colleagues and Government Members for their contributions?

I have saved my last comments for the right hon. Member for Croydon South. During our deliberations, he confessed to having some affection for me—I much appreciated that. I had developed an affection for his beard. I had thought that he was trying to rebuild the reputation of the beard within the Home Office after the Home Secretary, having insulting my constituency, was disqualified from the parliamentary beard of the year competition—a competition that I assure the Committee I went on to win. I hope that I can encourage the right hon. Member for Croydon South to reconsider and grow the beard again. He could succeed me next time around!

Criminal Justice Bill (Thirteenth sitting)

Alex Norris Excerpts

Committee stage
Thursday 25th January 2024 Public Bill Committees

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure, as always, to serve under your benevolent and wise chairmanship, Dame Angela.

The clause confers a new power on police and crime commissioners and other local policing bodies to make recommendations on the activity of community safety partnerships and, in turn, places a duty on community safety partnerships to consider those recommendations. Community safety partnerships will be duty-bound to consider recommendations, but they are not under a duty to implement them. However, if a partnership does not implement the recommendations, it must share its reasons for not doing so with the relevant local policing body, most likely the PCC.

The feedback from part 2 of the police and crime commissioner review, conducted by the Home Office in 2021, was that while the importance of local partnerships such as CSPs was widely acknowledged, they were not being used as effectively as they could be. Every public service should be accountable to the public, and to the local communities they serve. This provision will strengthen the accountability and visibility of CSPs and improve how they work with the relevant policing body to tackle crime, disorder and antisocial behaviour.

No one single agency can address all drivers of crime and antisocial behaviour, so partnership working between policing, local authorities, local education providers, the prisons, probation service, mental health trusts and so on are all very important. This measure will take a step towards formalising more that kind of collaboration.

I take the view, as I am sure other Members here do, that police and crime commissioners as directly elected representatives of the local people are particularly well placed to convene groups. More often than not, they chair the local criminal justice board. They have a lot of public visibility, convening power and influence, and provide visible public local leadership. The provision helps build on and strengthen the work that PCCs up and down the country are doing together. I commend the clause to the Committee.

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Dame Angela.

I am a community safety partnership enthusiast. The partnerships, which were established under the Crime and Disorder Act 1998, are a crucial forum for leadership, partnership working around crime prevention and reduction, and problem solving. I chaired my partnership in Nottingham a decade or so ago, and saw at first hand the impact of all those partners coming together, with shared priorities and mutual accountability, in a partnership built on trusted, close relationships and focused on solving problems.

It is with a degree of sadness that I say that partnerships have fallen in prominence and impact in recent years. One of the major challenges these bodies have found, and one of the limiting factors to the proposals in the Bill, is that austerity has bitten the partners that formed CSPs, certainly as regards funding, and partners have pulled away. In many cases, we have lost the shared data and insight function, and some of the things that brought partners to the table. Some of the extras done by CSPs are seen as nice-to-haves, rather than crucial functions.

As a result, there is a danger, certainly in some parts of the country, of the partnerships becoming meetings, rather than problem-solving bodies. Of course, whatever saving is made is lost later, through the impact on the criminal justice process. Certainly, if I ever get the chance to sit where the Minister sits, I will seek to reallocate those bodies and use them to their fullest extent, because we know the impact they can have.

In the meantime, we have what the Government have offered us. I probed the issue a little in our evidence session with the police and crime commissioners, and the real impact of this measure is that we are setting the police and crime commissioner or the relevant deputy Mayor as first among equals, and giving them higher status in CSPs. They are clearly to be given primacy. I thought about voting against this clause, but I talked to PCCs and local authorities, and they have fewer concerns than I do. The requirement is relatively light, in the sense that the power is to make recommendations, rather than to direct. That is probably right, so I have not chosen to vote against.

I have some degree of enthusiasm for what the Minister said about public transparency on decisions and recommendations. If recommendations are rejected, at least there will be an explanation why; that is probably enough. We should make it clear—I hope that the Minister will—that circumstances in which this power was necessary would generally reflect a failure. If a PCC needs to direct their CSP, there is no doubt a bigger problem in play.

What we want—I am sure that the Minister does as well—is a family of organisations across sectors in a community. We are talking about principally public sector organisations, but also bodies in the community and voluntary sector and, to some degree, the private sector, coming together on a basis of mutual trust to identify the common challenges for crime prevention and community safety in an area. They should have agreed priorities and plans based on good-quality data, insight and understanding of what each organisation is doing. Those are all parts of the puzzle. They should work to common goals in the interests of their community. That is easy to say, but it can be a difficult alchemy to achieve sometimes. However, that is what makes change, and that is what we need to see from CSPs. It will drive us away from what we have sadly seen in recent years.

There has been a move to counting crimes, and a move away from problem solving and problem-oriented policing. I have to say, there is minimal value to having one partner able to trump the rest. However, in cases of dysfunction, it will be a valuable asset for a police and crime commissioner or a deputy Mayor for policing to be able to say, “Hang on a minute. We have the ultimate mandate in this area. We don’t think things are working. This is how they ought to work.” Every time this provision is used, it will be a sign of failure, rather than success, but nevertheless it probably does add some value, so we will not oppose it.

Question put and agreed to.

Clause 72 accordingly ordered to stand part of the Bill.

Clause 73

Ethical policing (including duty of candour)

[Alex Norris]

I beg to move amendment 63, in clause 73, page 64, line 36, at end insert—

“(2A) The Code must set out the actions and behaviours which will be considered to constitute ‘acting ethically.’”

This amendment would require the College of Policing’s code to state how police officers are to embody and demonstrate the requirement to act ethically.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 135, in clause 73, page 64, line 36, at end insert—

“(2A) In subsection (2) the reference to acting ethically includes a prohibition on a police officer engaging in—

(a) sexual relationships with members of the public whilst acting in their capacity as a police officer; and

(b) abusive conduct, including domestic abuse or sexual violence, towards any person whether in their role as a police officer or otherwise.”

Clause 73 is amended to make explicit that ethical policing also entails zero tolerance for violence and other forms of abuse against women and girls by police officers and staff.

Amendment 149, in clause 73, page 64, line 36, at end insert—

“(2A) The Code must set out how persons under the chief officer’s direction and control are to act ethically and with candour when discharging their duties in relation to a major incident, including—

(a) their duty to assist with any court proceeding, official inquiry or investigation resulting from a major incident fully, transparently and with proper expedition;

(b) their duty to disclose relevant information related to the discharge of their duties in relation to a major incident which would not otherwise be disclosed under the terms of reference or parameters of the relevant proceedings, inquiry or investigation.

(2B) The duties under (2A) may arise from—

(a) an application by any person affected by the major incident to the relevant court or inquiry chairperson;

(b) an instruction from the relevant court or inquiry chairperson; or

(c) where there are no extant court or inquiry proceedings, a requirement of any judicial review proceedings in the High Court.”

Amendment 136, in clause 73, page 65, line 17, at end insert—

“(h) the Domestic Abuse Commissioner for England and Wales;

(i) the Commissioner for Victims and Witnesses;

(j) the Independent Anti-Slavery Commissioner.”

This amendment aims to ensure that there is independent external oversight to the Code of Practice from bodies which represent the interests of victims and survivors whom this Code seeks to protect.

New clause 48—Duty to investigate suspects diligently—

“(1) The Police (Conduct) Regulations 2020 are amended as follows.

(2) In Schedule 2 (standards of professional behaviour), under the heading ‘Duties and Responsibilities’, after ‘Police officers are diligent in the exercise of their duties and responsibilities.’ insert ‘This includes undertaking diligent searching for, and consideration of, all relevant intelligence related to a suspect.’”

This new clause is a change to Police Regulations. It is designed to ensure that officers diligently consider all intelligence on a suspect, including previous convictions or reports related to that person.

[Alex Norris]

Clause 73 is a significant clause that many outside this Committee are likely to be paying close attention to. I will resist the urge to pile into the clause stand part debate, but the clause relates to ethical policing, including the duty of candour. The duty of candour is the subject of a very live public conversation, following the brave campaign by the Hillsborough families for many years on this issue. Amendments 63 and 149 are in the service of that debate.

Clause 73 makes real the Government’s response to the report by Bishop James Jones, which details the long and agonising quest for justice by those families. The report, “The patronising disposition of unaccountable power”, is characterised by Bishop Jones as

“A report to ensure the pain and suffering of the Hillsborough families is not repeated”.

It includes 25 recommendations by the noble Bishop, and its title alone should focus colleagues’ minds on the need for legislative change, and what we in this place have a responsibility to do. It includes a recommendation for the establishment of a duty of candour for police officers—that is, a duty for police officers to be open and transparent when liaising with inquiries. As we know, that has not always been the case; in Hillsborough, it absolutely was not the case. The report was published in 2017, and it has taken us a long time just to get to where we are. It has been deeply upsetting for families that things have moved slowly; they have fought for so long, and they deserve the vindication of action in this place. That is why there is a degree of sadness that what is in the Bill certainly falls short of the recommendations in the report and the expectations of the families.

The Bill places a narrow requirement on chief officers; I am keen to understand why that path was chosen. Amendments 63 and 149 seek to improve that, and I am glad to have the support of the Chair of the Home Affairs Committee. There is a limit to what we can do today. The need is for a proper duty of candour that would apply to all public bodies, but an amendment that achieved that would be outside the scope of the Bill, but I seek to introduce that duty at least in the field of policing. Nevertheless, our commitment remains to a wider duty of candour.

First, through amendment 63, I seek an explicit definition of actions and behaviours that constitute “acting ethically”. We are asking the College of Policing to develop a code; it has to be made clear that guidance on acting ethically should explicitly be part of it. I hope that the Minister will say that it will be; I would like that clarity from him in the debate, if not in the Bill. I do not want to prejudge the clause stand part debate, but I hope that he will explain why the code of practice route has been chosen, rather than a straightforward legal duty, which is what we suggested during the passage of the Victims and Prisoners Bill through the Commons; it is now in the Lords. This seems a bit of an indirect way of proceeding, but I am not sure. The amendment at least gives us the opportunity to set out that point.

Amendment 149 sets out what a duty of candour might look like in our eyes. It mirrors a provision that we have pushed in various Bills, and it comes from reflection on the Bishop Jones report, and conversations that my colleagues have had with the families. It gives us much greater detail and clarity on what we mean by a duty of candour with regard to policing, and the subsections relate to different aspects of that duty. It would be a significant improvement on what is in the Bill, because at the moment we are at risk of a double failure. There is a clear failure in that the Government’s plans for a duty of candour are too narrow. Sadly, we cannot rectify that today. However, we are at risk of sending a signal to the public that, although we recognise that the situation is wrong and ought to change, and that there ought at least to be a duty on chief officers, we still feel that we can subcontract responsibility for that to the College of Policing, rather than thinking that we, the democratic body, ought to make our judgment on that duty. The Government have fallen short here. My amendments add that requirement back in.

I am conscious that my hon. Friend the Member for Birmingham, Yardley, has lots of amendments in the group as well, but in the spirit of the Minister, I will not prejudge them until I have heard my hon. Friend speak about them. I may pop up again, if need be.

--- Later in debate ---

[Chris Philp]

There is obviously a duty to consult various bodies in preparing the code of practice. I know that the College of Policing and its chief executive, Chief Constable Andy Marsh, engages extensively with a number of people. The hon. Lady lists in amendment 136 the Domestic Abuse Commissioner, the Commissioner for Victims and Witnesses, and the Independent Anti-Slavery Commissioner. I do not know whether the College of Policing expressly consulted those people in preparing the codes of practice, but I can undertake to ask its chief executive and find out.

I appreciate that the hon. Lady has probably not had a chance to read the documents, because two of them got published only earlier this week. Once she has had a chance to look at them, if, based on her experience and work in this area, which I know is extensive and long-standing, she thinks that some things have not been properly addressed, I am happy to commit to raising them directly with the College and ask that they be addressed in the next iteration of the documents. I am definitely happy to do that whenever the hon. Lady is ready; if she can set down what she thinks is missing, I will raise those issues.

I am told that the three organisations that I just read out, which appear in the hon. Lady’s amendment, actually were consulted routinely on the documents. However, as I said, if, once she has had the chance to read the documents, she finds in them things that are not properly constructed, I will definitely raise them with the chief executive of the College on her behalf. She can obviously do so directly, but I will certainly do so reflecting her advice as well.

I essentially agree with the spirit of all the amendments. However, because of the detail published relatively recently, on 6 December and in just the last few days, my view is that what is being asked for has been essentially incorporated into the documents. As I said to the hon. Member for Birmingham, Yardley, if she especially or any members of the Committee feel that things are missing, I will absolutely take them up with the chief executive, should a view be formed that changes would be useful and appropriate.

[Alex Norris]

This has been a really important debate, and I am grateful for the case made by my hon. Friend the Member for Birmingham, Yardley. The Minister’s very full answer was much appreciated by us all. Interestingly, my hon. Friend and I focused on two different issues, but they have the same principle at root: the public must be able to expect that public organisations—in this case, the police—are candid, transparent and making their best efforts to do the best job in all circumstances. That should be obvious, but we know that too often that has not been the case, and Hillsborough brought that into sharp relief. Alongside that, in the cases mentioned by my hon. Friend there is a more numerous although less high-profile drumbeat of mundane failure, which has been almost baked into the system. Those will never be the subject of a high-level inquiry; instead, there are people dying in doorways, unaccounted for, unknown and unseen. We should believe that we can do better than that.

I am grateful for what the Minister introduced in relation to the work of the College. I was going to say this in the next debate when we talk about vetting, but we have full confidence in and we believe in Chief Constable Andy Marsh. He is excellent; he has engaged with us on the Opposition Benches and he is always very good, so no point that I make is against either him or the College. The question, for us, is about the degree to which we are comfortable with subcontracting important judgments about how one of the most crucial public services operates to other organisations that we cannot scrutinise in the same way as the Minister and the Home Office. There are times when that is very much the right thing to do, and when we cannot and should not seek to operate those things remotely from here; we would not have the time and it would not be appropriate.

[Chris Philp]

We both have confidence in the College and Chief Constable Andy Marsh—in fact, now is a good time to thank him for the work that he and his colleagues at the College have done. On the subcontracting of important things to the College of Policing, I should say that the statutory code must be approved by the Home Secretary prior to its coming into force. That gives not parliamentary approval, but at least some level of democratic oversight on what goes into it.

[Alex Norris]

If I am honest, that level of oversight might not give much comfort to us in the Opposition, but never- theless that at least gives the code a statutory footing, which is in itself very much valued. We must make the judgment of when we are happy for others to make those decisions and when we believe that it is our responsibility to set a tone. That remains the case, particularly around candour; I will come on to amendment 149 in a second.

I turn to the amendments tabled by my hon. Friend the Member for Birmingham, Yardley. One of the most important things we can say—and I hope that the Minister will say this at some point; I do not think that he has said it yet and it is really important for the amendment—is that we believe that off-duty conduct is relevant to establishing the character and suitability of officers. My hon. Friend’s amendment mentions a couple of cases where standards that we would routinely expect to be met have not been, whether that is in a domestic abuse or sexual violence situation or related to the point around spy cops. We ought to send a stronger signal on that.

I confess that I have not yet had the chance to see the documents that have been published in recent days. I hope that they pass the test that the Government’s own documents often fail around gender. As my hon. Friend the Member for Birmingham, Yardley said, the Government managed a whole Domestic Abuse Act without mentioning women. We cannot lose sight of what is happening here—it is not exclusively male perpetrators and women victims, but that is largely the case. This is a gendered crime, and we ought to treat our regulation in that way.

I heard the Minister’s point about amendment 136. While we have to admire the College of Policing’s diligence in publishing the code prior to its becoming a statutory requirement, if the consultation has not happened yet there will be a period of time when that work could take place, prior to the Secretary of State signing it off, and for it to be understood that the commissioners mentioned in the amendment would be routinely consulted during the development of the process. The insight that those individuals have on those cases, as we saw in the evidence sessions, is hugely valuable.

I turn to new clause 48. As my hon. Friend said, the public should be able to expect that relevant intelligence is always considered; it is not. The Gaia Pope-Sutherland case is absolutely devastating. If the Bill is not the place for this detail, we need to hear a strong signal that it is what we expect of policing—what the public expect and should be able to expect.

On amendment 63, I think the Minister is right. I am happy to withdraw it as it is covered by the document he mentioned. I cannot quite share his view on amendment 149. We should not misconstrue that what is in the Bill now means that police officers are obliged to act with a duty of candour. What is in the Bill is that chief officers have a duty; what is in the College of Policing’s guidance, at paragraph 4.5, is that that duty to act with openness and—I forget the other word—is then pushed to other officers.

[Chris Philp]

“Openness and candour”.

[Alex Norris]

Openness and candour. But that does not have a statutory underpinning. There is carrot but no stick—that is the point I am trying to make. The code covers chief officers. It will not really cover their staff—not so that we can have confidence that the job has been done with regard to the duty of candour. There is still a gap.

As I have said, I have doubts about whether the Bill is the right vehicle for the change that the Opposition seek on duty of candour, so I will not press that point to a Division yet. But the issue will come back at later stages and in other legislation as well. We certainly do not think that the job has been finished.

[Jess Phillips]

On amendment 135, the Minister offered to sit down and talk to me about what needs to be in the document. On reflection, I will not press the amendment, in the expectation that that will happen before the Bill goes to the other place. We shall see how we feel about the matter then.

--- Later in debate ---

[The Chair]

I am happy to be the temporary diary secretary on this issue.

[Alex Norris]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[The Chair]

Nevertheless, everyone should be very careful that any of the examples they use do not fall into the sub judice category. I accept the hon. Lady’s assurance.

[Alex Norris]

I rise to speak to new clauses 35 and 36 in my name, which concern vetting arrangements for the police, particularly in cases involving violence against women and girls.

New clause 35 proposes that all police officers must be re-vetted every five years—it is currently every 10—and that vetting clearance must not be granted to those who have received a caution or a conviction for serious violent or sexual offences including domestic abuse, coercive and controlling behaviour, stalking, harassment, sexual assault or abuse, rape and female genital mutilation. Under my new clause, those who fail vetting for such offences would be dismissed.

After so many horrific high-profile cases in recent years, many outside this place would be shocked and appalled to learn that such measures are not in place and that the vetting procedures are poor enough to allow potential threats to the public to wear a uniform that should be a symbol of safety and security. We must tackle this issue head on. We know the police recognise that; chiefs do not want individuals in their forces who have shown through their behaviour that they do not meet that standard. Giving them the tools is important in rebuilding confidence in the police, which is a priority for all of us. The new clause would give chiefs tools to dismiss those people if necessary.

I will make a slight case against subsection (2)(b) of my own new clause on the five years provision. During the evidence sessions, I asked Andy Marsh from the College of Policing what the right period for vetting should be, and he said then, as he has said to me previously, that, if we are not there already, we are on the way towards being able to move beyond timed sweeps of vetting and instead use lifetime interrogation through new technologies. There is often a risk of saying things are AI when they are not AI, but they probably are in this case. Machine techniques can be used to interrogate databases of all sorts, including those that my hon. Friend the Member for Birmingham, Yardley mentioned, such as the ones in the family courts.

That would make the vetting period moot, because vetting would be up to date. Any time that there is a breach, whether it relates to conduct towards women and girls or broader matters, that would be flagged to a chief straightaway and the vetting could be re-evaluated. That is very exciting, and if the Minister stands up and says that that is where we are going, that would be enough for me, but I want us to be in that place as soon as possible, so I would be interested in his views on that.

New clause 36 is on a similar theme, although there is no high tech involved in it. It would introduce a more straightforward requirement for warrant cards to be removed from officers under investigation for crimes relating to violence against women and girls. To be clear, this is not about prejudging an individual before a full and proper investigation has taken place. They would presumably still be at work doing other duties, or if they were suspended they would still be receiving pay. It is about ensuring high standards and the safety of others. My hon. Friend mentioned life in Parliament. It is rare that we hold better standards than others, but in this place we act differently if a serious allegation has been made, with no presumption of guilt, and I think the public would expect something similar from the police.

The warrant card is both a totem of an officer’s service and a huge factor in how they do their job, but in serious cases—the Sarah Everard case is the most obvious—they can be misused. Individuals at points of stress may act in such ways, so the removal of the warrant card is one way of putting in a restriction. This proposal has the support of Dame Vera Baird and the Domestic Abuse Commissioner, Nicole Jacobs, who has pushed for the removal of the warrant card in cases of police-initiated domestic abuse.

On amendment 134, in the name of my hon. Friend, I think the public would find it astonishing that that measure is not already in place. Clearly, when it comes to vetting and being secure about who is serving in such important roles, we need full evidence of their character and behaviour. To leave out that proposed measure would be to leave out a huge bit of the fence, so I certainly support it.

On new clauses 33 and 34, I support my hon. Friend’s points about making police-perpetrated domestic abuse a recordable complaint. If new clause 33 is not the best way to do that, I will be interested to hear the Minister’s challenge. New clause 34, which would grant equal rights to make a complaint, makes a lot of sense.

On the new clauses tabled by my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), I hope the Minister will talk about how he feels Casey is being implemented. Some of the new clauses, such as new clause 8, overlap with my own. I look forward to hearing the Minister’s response, and I look forward to hearing my right hon. and learned Friend’s case for them on Report.

Ordered, That the debate be now adjourned.—(Scott Mann.)

Criminal Justice Bill (Fourteenth sitting)

Alex Norris Excerpts

Committee stage
Thursday 25th January 2024 Public Bill Committees

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure once again to serve under your chairmanship, Sir Robert. I rise to reply to the thoughtful speeches given before lunch by the shadow Minister, the hon. Member for Nottingham North, and the hon. Member for Birmingham, Yardley, on various amendments and new clauses related to clause 73.

The Government are extremely clear on the need for substantial improvements to police standards, which is why last August they announced in principle a series of significant reforms to strengthen the disciplinary, vetting and performance systems in policing. Those changes, on which we have had detailed engagement with stakeholders, are being progressed at pace, and the work already under way relates to many of the amendments.

With the exception of the amendment made by clause 74, the reforms that we propose to introduce can be delivered by secondary legislation using existing regulation-making powers. I will go through the detail of some of that in a moment. The work on that is under way as we speak, and we expect to lay the relevant regulations before Parliament this side of the summer recess. We anticipate that part of those changes can be brought into force as soon as the spring, with the rest of the measures being introduced a little later, but in any event before summer recess. The announcements made in August are being implemented; work is happening on that as we speak, and will be delivered fairly imminently.

To replicate or cut across that work by legislating here would in fact delay the implementation, because we would have to wait for the Bill to pass and then for any subsequent regulations to be made. The Government agree with the substance of a lot of what the amendments and new clauses do. We have already committed to that in our August response, and the regulations to implement that legally are being worked on at the moment. That is an overarching point that applies to almost all the work in this area.

There is one item that can be done only by primary legislation, which relates to the right of a chief constable to appeal. If a chief constable is in a two-to-one minority when a misconduct panel chooses not to dismiss an officer, but the chief constable thinks they should be dismissed, at the moment the only remedy is a judicial review, so we will create a right of appeal for the chief constable to the police appeals tribunal. That is in clause 74. Everything else that we want to do, the Opposition would probably broadly agree with.

The changes that will be set out in regulations include but are not limited to: introducing a presumption that an officer will be dismissed where there is proven gross misconduct; and providing that conviction for certain offences will automatically be considered to amount to gross misconduct, meaning that dismissal will follow.

[Alex Norris (Nottingham North) (Lab/Co-op)]

Should I expect that the offences in my amendment are likely to form part of those offences?

[Chris Philp]

Broadly speaking, yes. That will be set out in regulations, but the principles that we are debating are broadly speaking matters of consensus, as he will have seen from the statement that we made in August.

I have listed two of the changes that will be set out in regulations. Another thing, which I have mentioned before, is introducing a statutory requirement to have and maintain vetting, which I think is in the College of Policing’s code of practice, published in July, and has been implemented, but we intend to put it on a statutory footing by changing the regulations in the spring; it needs to be on a statutory footing as well. That is one of the changes we will make.

There will be a clarified and expedited route for removing officers who fail to maintain vetting, and there will also be measures to streamline and speed up disciplinary proceedings. One of the complaints we have heard from chief constables who are trying to clean up their forces quickly, including Sir Mark Rowley, the Met commissioner, as well as from campaigning groups, is that these proceedings take a very long time, which is unfair on victims and undermines public confidence; it is also unfair on officers to have proceedings hanging over them for a long time, and quite a lot of money is wasted, because often officers are suspended on full pay while investigations take place.

The very long, legalistic and convoluted process is not good for anybody—not for the taxpayer, the victims, public confidence, or the officer who stands accused—so we are making changes to speed the process up. Those changes include the presumption that there will be fast-track hearings, in which the chief constable makes a unilateral decision without a panel or a tribunal, for officers or special constables who have resigned or retired. We intend to make the chief constable chair the panel, rather than the legally qualified chair.

There were good intentions behind the introduction of a legally qualified chair; it aimed to make the process better, but it has turned the process into a legalistic one, almost like a Crown court trial with disclosure hearings, and the hearings take a week or two. Very often they do not dismiss the officer when the chief constable wants to dismiss them. The only remedy at the moment is to judicially review that decision. The chief constable ends up having to JR a decision of a panel on which he or she was a minority but was overruled by the legally qualified chair.

We think that whole thing has become too legalistic and too convoluted. Chief constables who want to clean up their force have not been able to. Making the chief constable chair will de-legalise the process quite a lot. There will still be two independent members of the panel, so there is an independent element. There will be a legally qualified adviser to make sure that the process is fair, but the chief constable will chair it.

There is then, of course, a right of appeal. If a police officer thinks that they have been unfairly dismissed, they can, as now, appeal to the police appeals tribunal. If the chief constable ends up in a minority, with the other two independent members voting to keep an officer and the chief constable wanting to dismiss them, and the chief is not very happy about that, they can then appeal to the PAT, rather than having to judicially review. That is in clause 74.

For completeness—this is not a misconduct issue but is worth mentioning—we will also streamline the performance process. This is not about misconduct; it is about where an officer is just not performing—they are not showing up for work, not doing the job properly, or whatever. At the moment, the process to remove someone on performance grounds is very convoluted. It has three stages, each of which has an appeal, so it is effectively a six-stage process. Sometimes it can take years. I do not think it serves the public interest for an officer who is not performing to be on the payroll for years and years. We will significantly streamline that process. Obviously, there will be some safeguards, so that chief constables cannot arbitrarily fire police officers unfairly, but it needs to be streamlined. Police leaders have asked for that. If we are asking someone to lead a police force, or any organisation, they need to have more control of who serves in uniform.

Those are some of the broad principles of the changes being made. I will move on to talk in a little more detail about some of the new clauses and amendments. I have set out what we will do through regulations—things that I think the Opposition will agree with us on. We all have the same objectives; I do not think these issues are contentious, politically.

New clause 6, tabled by the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), and spoken to by the hon. Member for Birmingham, Yardley, would create a power to create regulations that “may provide”—not must—for automatic dismissal for certain criminal offences. As I said, we will provide for that in regulations this spring; conviction of certain offences will automatically constitute gross misconduct, and there is a presumption that when gross misconduct occurs, dismissal follows. That will be taken forward in regulations, as I set out.

New clause 7 would introduce automatic suspension for officers in certain circumstances, which is covered by regulation 11 in the Police (Conduct) Regulations 2020. I will undertake to come back to colleagues on or before Report with confirmation of whether there should be—I mention this for illustrative purposes—automatic suspension when an officer is charged with an indictable offence, or a presumption of suspension if an officer is charged with an either-way offence. Those measures would be implemented via an amendment to regulation 11 in the 2020 regulations, but members of the Committee will discern the likely direction of travel from my comments.

I spoke to new clause 8, on the requirement to vet, in my introductory remarks. The College of Policing’s code of practice was issued in July under section 39A of the Police Act 1996, which already sets out this requirement, and we will nail it home with a cast-iron hammer—I am struggling to find the right metaphor here.

--- Later in debate ---

[Chris Philp]

I can confirm to the hon. Member that I will definitely use the hammer in the right way. In the Prime Minister’s defence, it was suggested that he had been told to use the hammer in that way, but I do not know. [Interruption.] My hon. Friend the Member for Wyre Forest has confirmed that the Prime Minister was told to use the hammer in that way. With a cast-iron hammer, we will make sure that the requirement sticks, by enshrining the change through the regulation changes we make in the spring.

New clause 9 would introduce a requirement on police officers to hand over their personal mobile phones where there is suspicion that they have behaved in a way that could amount to gross misconduct. This is a little more problematic, because it says that someone who is not accused of a criminal offence, but is simply suspected of having committed misconduct, has to hand over their personal phone. That is quite intrusive, and there are possible issues with regard to article 8 of the European convention on human rights. I noticed that the shadow Minister moved and voted for an amendment earlier despite my saying that it would infringe the ECHR. Some of my colleagues would no doubt find common cause with him on that.

[Alex Norris]

It is slightly challenging for the Minister to impugn my commitment to the ECHR based on legal advice that he has seen, but which he has never proffered to me.

[Chris Philp]

I did make that point in our exchange, and the hon. Gentleman did not press me on it. He did not contradict my legal analysis.

There are some ECHR article 8 concerns about compelling somebody to hand over their personal mobile phone simply on suspicion of a workplace issue. I think we would be a bit concerned if a constituent’s employer could make them hand over their mobile phone because of an employment-related issue.

Some of the most worrying conduct that we have encountered among the police involves inappropriate messages on WhatsApp groups at Charing Cross police station and elsewhere. In some cases, such behaviour might amount to a criminal offence. I should make it clear that I am not making any allegation about that incident, but in general terms, sharing inappropriate content could amount to an offence—for example, under the Malicious Communications Act 1998 or, indeed, to the common-law offence of misconduct in public office. Where there is criminality, the usual Police and Criminal Evidence Act 1994 power to seize mobile phones would apply.

It is also worth saying that if the Independent Office for Police Conduct is investigating for misconduct, is lawfully on premises and has reasonable grounds for believing that misconduct has occurred, it has some powers to seize mobile phones in those circumstances. It is a good question to ask, but creating a general power to seize an officer’s personal mobile phone strays a little too far into the rights enshrined in article 8 of the ECHR, which I know is very close to the shadow Minister’s heart—or so he tells us.

--- Later in debate ---

[Chris Philp]

I am extremely grateful to the hon. Lady for drawing my attention to amendment 134, which I had momentarily overlooked. It is a fair point to raise.

For the Committee’s benefit, evidence placed before the family court is currently not considered when vetting decisions are taken. The family court will consider things such as child custody cases, for example, and it may be that allegations are made in the family court of domestic abuse or even more serious matters such as rape. The family court may, on occasion, make a finding of fact, where it finds on the civil standard of the balance of probability—not the criminal standard, which is beyond reasonable doubt—that a particular thing has happened, which could be a criminal offence. It is not a criminal conviction. It is not beyond a reasonable doubt, but on the balance of probability.

Family court proceedings are closed, and they are not, generally speaking, published, so that information is not available to take into account during vetting. Of course, police doing vetting do not know which officer may or may not have been involved in child custody proceedings. The vast majority will not, of course, but a small number will. Because that information is generally not published, in order to get hold of the information, the police would have to either ask for their officers to self-disclose that they had been subject to proceedings—there is obviously the possibility that the officer would lie, particularly if there was an adverse fact—or make individual applications for each case to the family court to disclose first whether there had been proceedings and secondly, if there had been proceedings, whether the findings of fact could be disclosed. It may be that the family court would not disclose that information, because that is a decision for the family court judge.

[Alex Norris]

Will the Minister give way on that point?

[Chris Philp]

I will in just a moment.

There are considerable practical obstacles to getting hold of that information. Of course, if the matter that is put before the family court in the process of child custody proceedings is criminal in nature and it is then reported to the police, even if there was no conviction, for whatever reason, that would then be on the police national database. The gap would arise if a party to family court proceedings made an allegation to the family court, the family court upheld it on the balance of probability and then the victim did not even allege to the police—let alone get a conviction—that this criminal conduct had occurred. Then the police would not know about it. That is the sort of intersection of the Venn diagram we are talking about.

The main point is that there are some significant practical obstacles, and I cannot immediately think how to overcome them. If there are ideas, I would be happy to hear them.

[Alex Norris]

rose—

[Jess Phillips]

rose—

[Chris Philp]

I think the shadow Minister was up first, and then I will give way to the hon. Lady.

[Alex Norris]

The Minister might have gone past this point now, but I merely wanted to see whether he accepts that one way to manage practical hurdles is through primary legislation, so that later on he can consider options that in principle might help to overcome some of those hurdles—or is this, in substance, a bridge too far for him?

[Chris Philp]

I would be interested to hear, including via an intervention in response to this, how we would craft that—what legislative measure we could pass that would essentially open up what are currently closed proceedings within the ambit of the family courts to the police vetting process. I will happily give way if the hon. Gentleman can suggest that or come back to me later on.

--- Later in debate ---

[Jess Phillips]

Everyone will be pleased to hear that I have only a few paragraphs to read.

Clause 74 has been proposed with a view to strengthening the oversight of police chiefs. Although this is an important goal that the Bill seeks to achieve, the clause in its current form is misguided. If clause 74 seeks to address inadequacies in internal processes, the Government must instead implement measures to improve the efficacy and independence of the system, rather than delegating these powers to police and crime commissioners.

Disciplinary procedures must be independent and not subject to political influence, which would be a huge risk if the power to refer a police chief to a police tribunal sits with PCCs. In order to maintain the integrity of the system, these powers must sit with an independent body. The Independent Office for Police Conduct has been established specifically to hold police behaviour to account, so we should give the powers to refer a police chief to a tribunal to an organisation that exists to uphold police integrity.

I do not wish to besmirch any particular PCC, but having spent nine years in this building trying to overcome, and make processes to overcome, political interference and political patronage in cases of misconduct, I am always anxious when politicians and friends mark the homework of their friends.

[Alex Norris]

To some degree, the Minister has made the case for the clause already, but we support that element. It relates, of course, to the dismissals review commissioned in the light of the Casey review.

I did not hear this from the Minister, but—I think this speaks to the point that my hon. Friend the Member for Birmingham, Yardley has just made—we should not throw the baby out with the bathwater when it comes to the input of individuals who are independent. I know that that was not the point that the Minister was making about legally qualified chairs. I understand the point he was making about some of the delays and how unintentionally cumbersome the system has become. Nevertheless, as my hon. Friend said, the principle of independence is important for public confidence in the system. It would doubtlessly be an odd quirk if we got stuck with a system that had been designed to stop chief constables protecting staff who perhaps should have been dismissed, but which actually had the opposite effect in some cases of officer misconduct at more junior ranks. Having spoken to chiefs, I know there are frustrations there.

Again, the most important thing is that the process is fair, transparent and as simple and speedy as possible, so of course a judicial review cannot be a part of that process. That is of course wrong, so changing to a different appeal mechanism is probably a good thing to do. That leaves me with only one question for the Minister. This clause does not make the regime that he has mentioned and that I have spoken about, but gives the powers to make such a regime. I wonder why regulations are preferred for that and whether he has a sense of the timing for that and for the consultation, because clearly there will be a lot of interest in that—I am talking particularly about proposed new subsection (1A) of the Police Act 1996. I would be interested to hear the Minister’s rationale.

--- Later in debate ---

[Alex Norris]

I am grateful to the Minister for giving way. I would not want to pre-empt anything I might say in the debate, but I wonder whether she might join me in praising my hon. Friend the Member for Bootle for tabling new clause 15—he has had more success with his new clause than I have had with any of my amendments or new clauses—and my hon. Friend the Member for Bradford South (Judith Cummins), who has shown real leadership on this issue.

[Laura Farris]

I am grateful to the hon. Member for his intervention. I have no hesitation in congratulating and thanking all the members of the Committee, and Members across the House, for what they have done to help us on this issue.

The drafting of new clause 45 seeks to strike a balance between reflecting that the offences cover spiking, while ensuring that the other behaviour caught by the offences remains covered. For example, section 24 of the 1861 Act is also used to prosecute incidents of potting, where prisoners use urine or faeces to assault a prison or police custody officer. I hope that we can all agree that it is important that that behaviour is still captured by the criminal law. The new clause also alters the mode of trial for these offences, from indictable-only to triable either way. That means that a case can be progressed in either the magistrates court or the Crown court, rather than only in the Crown court.

Members will probably have already seen that, to some extent, the new clause replaces antiquated language. It uses language that we are much more familiar with in modern criminal law: terms such as “intentionally” and “recklessly”. Importantly in relation to spiking, it refers to a “harmful substance”, which is defined with reference to “poison” and “destructive or noxious thing”, but we have lost the language of poisoning, which was previously the headline in such offences. That language imported something that some police officers felt was quite unhelpful in understanding the precise nature of the offending that was taking place. Our amendments do not intend to change the existing approach to the mental element that is required as part of these offences.

--- Later in debate ---

[Vicky Ford (Chelmsford) (Con)]

I just want to say how incredibly grateful and pleased I am to see this language before us in the Bill. As the hon. Member for Bootle just said, I am one of the Members who has campaigned on the issue of spiking for a number of years, alongside the great leadership of my hon. Friend the Member for Gloucester.

Chelmsford has some fantastic nightclubs, with a great reputation for being safe. I do not want to put people off going out and having a great time, but when spiking occurs it can have a horrific impact on the victim. We have said for a long time that the language needs to be modernised to make it crystal clear that spiking is a criminal offence, and new clause 45 does that. That helps not only to protect victims but, almost more importantly, to deter perpetrators. We want to stop the crime, so that people do not have to become victims. There are too many victims—mostly women, but it can impact men—of this crime.

Will the Minister clarify that, when it comes to how the substance is administered, the provision will cover not only a drink or a jab, but spiking through vapes, which we are hearing more about? I thank the Government for the number of measures that they have announced to go alongside the provision, such as trialling new ways to test drinks so that people can see whether something has been put in them. That would also help to eradicate this crime. We also need more public awareness so that victims know, if they have been spiked—often they are not in a condition to do anything about it immediately, as it can have such an awful impact—that something as simple as collecting a urine sample can make so much difference to getting the evidence to hold people to account.

[Alex Norris]

I rise to add our support to new clause 45, which is important. Spiking is a coward’s crime, as is potting, but we know that it is a stock in trade for a very small number of people who can have a devastating impact on people’s lives. It is an exceptionally harmful and dangerous practice. I congratulate colleagues on both the Opposition Benches and the Government Benches, as well as the Government themselves, on bringing the measure forward.

Legislation is clearly only part of the process. We need cultural change and strong messages. People need to hold each other to account and tell each other how important it is not to do things like this, because they are so dangerous. The right hon. Member for Chelmsford made the important point—we will hear the Minister’s response—that, to the extent that it can be, the law should be agnostic on the method of transmission. As technology changes, those who choose to do such things for their own ends will use whatever methods they can. That spiking could be done by vaping was new to me, but it seems obvious that that would be possible. I am keen to know how the legislation can keep pace with that.

[Laura Farris]

I pay tribute to my right hon. Friend the Member for Chelmsford, who has been an important voice on the issue. When I made a statement to the House just before Christmas, I thanked everybody: my hon. Friend the Member for Gloucester, the right hon. Member for Kingston upon Hull North and the hon. Member for Bradford South. Theirs have been important voices, and they have been helpful to us as we have worked our way through this issue.

I did not set out our thinking in my initial remarks, so it might be helpful for me to do so. First, it was said that spiking was covered by other offences, but when we look at the language of the Offences against the Person Act, it is accurate to say that parliamentarians at the time had something different in mind. We can tell that just by reading the legislation.

Secondly, all parliamentarians are familiar with being told that something is already covered by another law, but it is worth asking, “Would this particular offence be better captured in a defined way?” We have done the same with offences such as stalking in the life of this Parliament. For lots of offences, it is possible to think, “Can we crystallise the offence in a more accurate way?” That was material to our thinking, and that is why we have made these changes. I hope that that is helpful to the Committee.

I reassure my right hon. Friend the Member for Chelmsford that all forms of spiking are included, whether by needle, vape, drink or a food substance. New clause 45 is deliberately widely constructed so as to capture the whole range. She made a point about urine testing. We have been told by police that the biggest barrier to conviction is that even if the victim reports the incident the following morning and immediately gives a sample for a toxicology test, they can be left with the disappointing news that the substance has left their body, even though the police often accept that everything that they and perhaps their friends are describing is consistent with a spiking incident. That is why investment in rapid drinks testing kits, which are at a nascent stage, has been a big part of the non-legislative measures. If we can get those up and running, we can roll them out across night-time venues to facilitate on-site testing without having to go through the standard toxicology route. We think that would be really helpful in getting convictions.

We have been working with the Security Industry Authority on the training of nightclub doormen and bouncers. From April this year, there will be a condition for any new nightclub bouncer entering the industry to have specific training on spiking. From September, we will begin a refresher element, including a spiking course, for those already employed in the sector. It is anticipated that, within three years, all nightclub bouncers will have had had specific night-time training, and we are doing something similar with bar staff.

There is also a national reporting tool, which is currently operated by 20 police forces in England and Wales. It is being rolled out, but about half of the forces are using it. It allows people to report spiking anonymously. That does not have to be the victim; anyone who has seen something that they think is consistent with a spiking incident can make a report. That will help forces to develop a clearer picture of where spiking is happening and whether there are hotspots or problem areas, which will allow them to intensify the police response. Finally, we are doing some police intensification work.

I have probably gone on too long. Suffice it to say that dealing with spiking properly requires more than a change in the law, but we do think a change in the law is necessary and desirable, and we therefore hope that Members will support new clause 45.

Amendment 147 agreed to.

Amendment made: 50, in clause 77, page 69, line 12, at end insert—

“(5) Nothing in subsections (1) to (4) limits the extent within the United Kingdom of the armed forces provisions.

(6) Section 384(1) and (2) of the Armed Forces Act 2006 (extent outside the United Kingdom) applies to the armed forces provisions as it applies to the provisions of that Act.

(7) In subsections (5) and (6) the “armed forces provisions” means—

(a) a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;

(b) an amendment, modification or repeal made by or under this Act of—

(i) a provision of or made under the Armed Forces Act 2006,

(ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or

(iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act.”.—(Chris Philp.)

This amendment makes provision about the extent of provisions of or made under the Bill which relate to the Armed Forces Act 2006.

Clause 77, as amended, ordered to stand part of the Bill.

Clause 78

Commencement

Amendments made: 45, in clause 78, page 69, line 18, after “sections” insert

“(Testing of persons outside of police detention for presence of controlled drugs),”.

This amendment makes provision to bring NC13 into force on Royal Assent for the purpose of making regulations and issuing codes of practice.

Amendment 131, in clause 78, page 69, line 18, leave out “, 21 and 34” and insert “and 21”.

This amendment and amendment 132 provide for the clauses about serious crime prevention orders to be brought into force by regulations.

Amendment 46, in clause 78, page 69, line 18, after “regulations” insert

“or issuing codes of practice”.—(Chris Philp.)

See the statement for amendment 45.

Draft Misuse of Drugs Act 1971 (Amendment) Order 2024

Alex Norris Excerpts

Wednesday 24th January 2024 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

Thank you, Mr Hollobone. I do not intend to detain the Committee until 4 pm—although colleagues are encouraging me, so who knows—but I have a few points I want to go through with the Minister.

I am grateful to the Minister for his explanation. I will start by saying that we support the changes. We all recognise the devastating impact mentioned by the Minister that synthetic opioids have had on communities in the United States. That epidemic has seen incidences of overdoses rise dramatically, lots of lives lost, families torn apart and entire communities riven with the problems associated with their use. It is good news that we have not experienced the crisis in that way, but sometimes we are just behind rather than having avoided such challenges, and so we need to be vigilant in acting where necessary to ensure that the law keeps pace with developments.

I associate myself with the Minister’s comments regarding the Advisory Council on the Misuse of Drugs and its fine work, both generally and in this regard. We are grateful for that work; it is helpful. However, might the Minister take the opportunity in summing up to say, beyond his conversations with the ACMD, what the Government’s views are of the picture of the development of new synthetic opioids and the prevalence of their use in the UK? We will have to monitor that. It is right to put them in their classifications, but there will still be an illicit market for them, and knowing what we can do about the intelligence would be of interest to the Committee.

I turn to an important point about drug treatment services. It is right that we have classifications for synthetic opioids, all of which, and particularly class A, have profound possible legal sanctions. It is right that those who manufacture, trade and profit from synthetic opioids face significant penalties because of the devastation they wreak. Can the Minister talk a little about drug treatment services and whether there will be a need to develop services in concert with those penalties to pick up need as a result of the development of the use of synthetic opioids? The Minister and I are currently engaged in the Criminal Justice Bill and we talked a little about drug treatment services last week or the week before—time merges into one on such Bills—and the figure for drug treatment services is still about half of what it was a decade ago while drug deaths have doubled. What assessment has the Department made of that?

On a final point, when this order was debated in the other place, the Government spokesperson referred to the Government’s drugs strategy and the increased availability of naloxone nasal spray, a life-saving heroin antidote. The Government have committed to updating legislation to enable greater access to take-home treatment for people who either are themselves or are close to someone at risk of possible death by overdose. I have tabled a new clause to the Criminal Justice Bill on this matter, which we will probably debate on Tuesday. It is based on the Home Affairs Committee’s recommendation that police officers in England and Wales carry naloxone. In Scotland, they already do. I believe the Government only partially accepted the recommendation. Given the recognition in this order of the importance of opioids and the risk of controlled substances, is it not now time to revisit that recommendation, to save lives and mitigate some of the harm that can be caused?

Criminal Justice Bill (Twelfth sitting)

Alex Norris Excerpts

Committee stage
Tuesday 23rd January 2024 Public Bill Committees

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure, as always, to serve under your chairmanship, Sir Graham.

The nuisance rough sleeping direction in clause 51 was debated just before we adjourned this morning; it is one of a suite of tools that the Bill introduces to help local authorities and the police to tackle rough sleeping where it poses a nuisance. Clauses 52 to 55 additionally introduce nuisance rough sleeping prevention notices and outline how they will operate.

Although aimed at different behaviour, nuisance rough sleeping prevention notices will operate in a similar way to nuisance begging prevention notices, which we debated this morning. That being the case, I will not go into the detail of clauses 52 to 55, which largely mirror clauses 39 to 42, which we have already discussed. We also discussed at some length the substance of nuisance rough sleeping as part of the debate on clause 51. We may discuss what exactly constitutes nuisance rough sleeping when we come to clause 61, so I will leave my remarks there and simply respond to the shadow Minister or other colleagues as necessary.

[Alex Norris (Nottingham North) (Lab/Co-op)]

As the Minister says, we gave the issue a pretty thorough airing in the debate on clause 51 this morning. The Opposition are in the same place as we were this morning: we do not think that the provisions are good additions to the Bill and we will not support them.

Having had a chance to reflect on some of the Minister’s arguments, I might test some of them. He mentioned San Francisco frequently. I find it very hard to believe that what is standing between this country’s situation and that of San Francisco, whose challenges are well documented, is the Vagrancy Act 1824—not least because San Francisco never had such legislation, so repeal of legislation could not have led to its problems.

The Minister challenged me on what alternative measures could be used. Actually, I did not detect—certainly not in the debate earlier—much enthusiasm from the Minister for the provisions in the Bill; he was more interested in our view rather than in what the Government were putting forward. Having reflected on that, we will go on to talk about community protection notices—an important civil power, from the Anti-social Behaviour, Crime and Policing Act 2014, that the Government are very keen on. The Minister’s question was: if these clauses do not stand part of the Bill, what could be done if an individual sleeping in the doorway of a shop refused to move? I wondered about section 43 of the 2014 Act, which states that an authorised person would have the power to issue a community protection notice

“to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that—

(a) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and

(b) the conduct is unreasonable.”

In the case that the Minister discussed, both those tests would be satisfied. They would provide the backstop without the need for any of the provisions that we are discussing. Using those section 43 powers would have the value, on the face of it, of not being targeted at rough sleepers. There would be a general power for use in the locality or amenity that would not require any of this dog and pony show. It would provide enough of a backstop and would pass the test that the Minister set us earlier.

I turn to the clauses themselves. The idea that a rough sleeping prevention notice could be handed, without any sense of adequate follow-up support, to someone sleeping rough, is, to me, for the birds—as if handing it to a person who has so little with them in the world would make any difference. Turning to clause 54, an appeals process would be an important part of such a regime, but we have a duty to be sure that what is written in a Bill in some way reflects the reality that we live in. My hon. Friend the Member for Birmingham, Yardley has made that point on multiple occasions.

We are talking about some of the most challenged people in society—the people with the fewest assets, and often those living with the most challenging mental health or substance abuse-related issues. I find it very difficult to believe that they will have the resources and support to lodge an appeal against their rough sleeping prevention notice and go to a magistrates court to uphold their rights.

We do not think that these measures are a good addition to legislation. I have given the Minister what is probably a better alternative. On that basis, we will vote against clause 52.

[Chris Philp]

First, I thank the shadow Minister for giving consideration to the comments I made before the lunch break. That was very helpful and perhaps facilitates a more thoughtful debate.

The shadow Minister referenced the comparison I have drawn with San Francisco and other cities on the American west coast and elsewhere. The point I was making was a slightly broader one. Essentially, some of those cities—Oakland, California is another on the bay—have adopted a very permissive approach to public drug consumption, antisocial behaviour, rough sleeping and things such as shoplifting, which we have debated previously.

A consequence of that very liberal approach has been widespread disorder on the streets of San Francisco and other cities. That has really undermined the quality of life in those places, and I do not think it has done any favours to the people who end up living those lifestyles either. There is no doubt that there is also a lack of treatment and support, but that very liberal approach has led to very bad outcomes. Some of those American cities, which are generally Democrat controlled, as the Committee can probably imagine, are beginning to reverse some of the measures on drug liberalisation, for example, because they have led to such bad outcomes. A complete removal of current laws would be a significant step in that direction, and that would concern me. That was the broader point that I was making.

--- Later in debate ---

[Chris Philp]

Clauses 56 to 60 provide a further tool for local authorities and the police to tackle nuisance—I stress the word “nuisance”—rough sleeping: namely, nuisance rough sleeping prevention orders. The clauses set out how the orders will work, specify the maximum time they can last and how they can be varied and discharged, and provide an avenue for appeals.

The clauses essentially mirror clauses 43 to 47 in relation to nuisance begging protection orders, so I will not repeat what I said about those clauses this morning. Similarly, amendments 77 to 83 mirror for nuisance rough sleeping prevention orders amendments 70 to 76 in respect of nuisance begging prevention orders, which we debated this morning. I will of course respond to any points raised by the shadow Minister.

[Alex Norris]

The Minister is right that we have already given these issues a run-out, so I will not rehash our earlier debate. With specific regard to these clauses, however, they give us at least some degree of comfort that this regime will be reliant on a magistrates court—an impartial arbiter. There is legitimate concern that a constable who might have had some training but not very much, or someone from the local authority—we will have very little sense of what training they have—could make profound judgments with respect to the first two tiers of powers, relating to directions and notices, with minimal oversight and recourse to justice. At least we will get an airing in a magistrates court. I suspect the magistrates will wonder why they are having to deal with the problem and why it was not dealt with by either an earlier intervention or a more positive intervention to help change someone’s behaviour.

Clause 58 allows a duration of five years for a nuisance rough sleeping prevention order. That is five years of not being allowed to go to a certain place or act in a certain way. There are now actually very few crimes, except the most serious, for which someone would be prevented from doing anything for five years. I wonder what the logic is for that duration. Most of what is in these clauses is a counterpart to what is in the clauses on nuisance begging, and the line drawn there is three years. I am interested in the difference.

Again, we will not support the lead clause in this group, clause 56, because we think that these clauses should not be in the Bill at all.

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[Chris Philp]

That is obviously a fact-specific question. [Interruption.] Well it is, obviously. Every piece of behaviour, to assess whether it is criminal or not, needs to be measured against the relevant statute. It would obviously depend on whether it caused damage, disruption, harassment, distress and so on. But let me try to answer the hon. Gentleman’s question—it is quite a good case study, so let us have a look at it and see whether it meets the test.

First, if we look at subsection (4), does the behaviour cause damage? Well, if the teenagers are simply pitching a tent at the end of a track, it probably would not. On the other hand, if they threw a load of rubbish everywhere and trashed the farm, then it might. It depends whether their behaviour causes damage or not, but, as the hon. Gentleman described it, it sounds like it probably would not.

We then come to disruption, which is defined in subsection (5) as

“interference with…any lawful activity…or…a supply of water, energy or fuel”.

If the tent stopped the farmer bringing farm equipment in or out of the farmyard, that might count as interference, but if it did not, and if it did not interfere with water, energy or fuel, then that would not be disruption.

We then come to distress, the next limb of the test. If the people in the tent used

“threatening, intimidating, abusive or insulting words or behaviour,”

then the test might be met, but if their behaviour did not include any of those things—no threats, no intimidation, no abuse, no insulting words—then it would not be.

I am grateful to the hon. Member for Stockton North for intervening, because this little illustration gives us an opportunity to demonstrate that it is only where those tests are met that the provisions of the clause become engaged. I hope that it was clear from the way I talked through that little case study that the measure is relatively reasonable. That is what I think, but I am interested to hear other views. The clause sets a threshold, and only when that threshold is crossed do its provisions become engaged.

[Alex Norris]

I do think that was a useful worked exercise. The problem is that the Minister only did half of it, because he only applied the test of whether something causes damage, disruption, harassment or distress. He missed the test of whether something is capable of causing damage, disruption, harassment or distress. Will he do the exercise again for the “capable” test?

[Chris Philp]

The behaviour concerned might actually cause damage, distress or disruption, but it might also be capable of doing so. For example, someone might set up a tented encampment in a place that blocks a business premises. Let us imagine that they set it up at 4 o’clock in the morning, when the business is closed and there is no one coming in or out. At that point, it is not actually causing disruption. Let us say that the business wants to open at 6 o’clock in the morning. Would we want the police to wait until the business opens and the customers or the employees try to come in, when disruption is actually caused and the provisions are engaged? The police might want the power to take action not when the disruption is actually caused, but when it becomes reasonably foreseeable that it will be—in this case, in advance of the business premises opening.

Members can imagine circumstances like the one I just outlined where, although disruption is not being caused at that moment, it is clear that it is capable of being caused, and it is reasonably foreseeable that such disruption will be caused.

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[Andrew Jones (Harrogate and Knaresborough) (Con)]

I rise to make a couple of points. The Minister made a very important point: we have to get the balance absolutely right here. We have a case in Harrogate at the moment concerning a pavilion in Crescent Gardens that was used by rough sleepers in a series of tents in September. They were there for two weeks, and it has been fenced off ever since.

I have absolutely no doubt that when the hon. Member for Birmingham, Yardley says that she and the British public are not distressed by homelessness, she is absolutely correct. People want to see homeless people supported into accommodation and the underlying causes tackled. At the same time, there was a significant number of complaints from local residents about antisocial behaviour coming from that group of tents. Getting the right balance between protecting communities and offering support to homeless people is very difficult. In our case, we have a very impressive homeless charity, Harrogate Homeless Project, which is next door to my office in the middle of my constituency.

I just want to make sure that the Minister is clear that the balance is critical. I have been much reassured by his words, but it is an important balance, and we are dealing with some of the most vulnerable people in our community.

[Alex Norris]

It has been a good debate, and I am glad to have the opportunity to contribute to it. As we finish this section of the Bill, I have more hope than when we started it, in the sense that I now genuinely believe that we are seeking to do the same thing. The Minister has explicitly said on the record that the Government do not wish to criminalise rough sleeping in general, which is very welcome. I will just say—and this is where the disagreement lies—that that is not reflected in the Bill. The Minister talked about the Bill having a precise, specific and limited definition of nuisance rough sleeping, so that it criminalises only nuisance rough sleeping and not rough sleeping in general. I would argue very strongly that that is not what clause 61 does. It is much broader than that, as I will do my best to demonstrate.

The clause is crucial. It contains the definition, and it makes or breaks whether the Minister’s case holds. The test is in subsection (2). The first limb, in paragraph (a), is that the person must be

“sleeping rough or…intending to sleep rough in a place”.

My hon. Friend the Member for Birmingham, Yardley talked about stigmatising and subjective language, and there is an issue on the point of someone’s “intending to sleep rough”. What is the judgment that an individual is being expected to make? Is it about someone’s appearance? Is it about what someone is carrying? If I am asked by a relevant person, who might be a reasonably junior member of the local authority, where I am sleeping that night and I cannot answer, am I intending to sleep rough? That test would be applied subjectively by a person who may not have very much training. If I looked dishevelled, would that be enough for me to be intending to sleep rough?

The reality is that we will see edge cases, but how will we test them? As I have said, the people we are talking about often have the least recourse to legal support. I would argue that there is nothing precise even about the point of someone’s “intending to sleep rough”. As the Minister said, subsection (2)(b) goes on to describe a person’s

“doing something that is a nuisance”.

Again, that is very much the crux of the debate.

[Chris Philp]

Just to make it clear, at the end of subsection (2)(a) there is the critical word “and”. It is not enough simply to be sleeping rough or intending to sleep rough; it needs to be clear in addition that a nuisance is being committed. The clause requires both conditions to be met; one alone is not enough.

[Alex Norris]

I appreciate that, and I was getting on to that part of my argument, but that does not dilute the impact of the language “intending to sleep rough”, which is a broad and subjective judgment that we will be asking people likely to have little or no training in this regard to make. The Minister says that the definition is precise. There is nothing precise about that.

As I said, subsection (2)(b) refers to nuisance. We are given a definition of nuisance that is not specific, precise or, I would argue, limited. The Minister half-applied his test to the example given by my hon. Friend the Member for Stockton North of the tent in the field. He was keen, and made a great display of going through the factors that could constitute having caused, or being in the act of causing, nuisance, but he did not address the factors that constituted being capable of causing it; he would not do that half of the exercise.

[Chris Philp]

Is the shadow Minister saying that if the words “capable of” were deleted, he would support the clause?

[Alex Norris]

It would be an improvement to the clause, but that is not what is in the Bill, and we would still have problems with “intending to sleep rough”. There are even issues with “causing” in subsection (5), which mean that we cannot support it. That subsection says,

“‘damage’ includes…damage to a place”,

and being capable of causing damage. If I sleep on a park bench, am I capable of damaging it? Well, I am using it for a purpose for which it was not intended, so, yes, presumably there is a risk of causing damage.

[Chris Philp]

With respect, I do not think that sleeping on a bench would cause damage to it, would it?

[Alex Norris]

Using anything for a purpose for which it was not intended risks damage, because the possibility of that damage has not been designed out. What if someone is sleeping on the bench persistently over a period? “Damage” could be breaking one of the wooden slats, but it could also be whittling down the paint or varnish. The Minister rolls his eyes. If he gave the commitment today that he personally will make all these decisions every day across the country, well, that might give me some comfort, but he clearly will not apply the test. It will be applied by possibly relatively junior members of staff with very little training. If the test is applied overly officiously, and there is a clear risk of that, then the damage to an individual could be considerable, and their recourse minimal. That is why this point matters, even in an extreme case.

Subsection (5)(c) refers to

“damage to the environment (including excessive noise, smells, litter or deposits of waste)”.

“Smells” is particularly problematic. That is part of the stigma relating to people who do not have a roof over their head. Smelling could be enough to make them a nuisance. That is a real problem. My hon. Friend the Member for Birmingham, Yardley talked about the stigma test; the provision does not pass that test.

[Carolyn Harris (Swansea East) (Lab)]

My hon. Friend makes a very passionate representation. Last November, on a very wet, cold night, I slept in a doorway. I went armed with a tarpaulin, a sleeping bag and cardboard. Homelessness is not a lifestyle choice. There were other people there who were obviously suffering from mental health issues, and some had been victims of sexual abuse. I had gone armed with equipment to be homeless, and to sleep on the streets. Does he not agree that under the rules in the Bill, I could have been arrested?

[Alex Norris]

My hon. Friend would certainly have passed the test of intending to sleep rough. A subjective decision would then have to be made on whether her behaviour caused damage, or even was capable of causing damage—the damage does not have to occur. She might also be found to have caused “disruption”, which is

“interference with…any lawful activity in, or use of, a place.”

It would not be very hard to pass that test. She is a fearsome opponent, so perhaps she is also a health and safety risk to others at times. So yes, she could in some way fail many, if not all, of the tests. [Interruption.] I think she will probably take that as a compliment.

[Alex Cunningham]

I am really interested in the sleeping rough bit. There are organisations across the country—business people—who opt to spend a night out, as did my hon. Friend the Member for Swansea East, to demonstrate their support for homeless people. They sleep in shop doorways and outside factories. It is a deliberate act. They raise lots of money for homeless people, which is great. Are they not criminalised by this law?

[Alex Norris]

That is an interesting case. I have absolutely no doubt that that is not the Government’s intention, but could this clause be applied to such a case? I would make a strong argument that a member of council staff could say that those people have left rubbish or are capable of it. They do not have to have done it, but by generating rubbish that perhaps blows away, they could cause deposits of waste. Could this clause be used to prevent that activity? Yes, it could. That brings us back to asking whether it is precise, specific and limited, and the answer is no: it fails all three of those tests.

That takes me to the important points made by the hon. Member for Harrogate and Knaresborough. It is about finding a balance, because the public are sympathetic and want to see the issue tackled positively.

[Andrew Jones]

As do the Government.

[Alex Norris]

As do the Government, as the hon. Gentleman says, but the question is whether that balance has been found. I do not see anything in the real-life example that he used that would not be covered by section 43 of the Anti-social Behaviour, Crime and Policing Act 2014. That notice could be used in that way. When I put that to the Minister in the previous debate, his only quibble, which I found a little hard to accept, was that these notices will give so much more support and that a reliance on section 43 would not provide enough help to homeless people. That does not chime with reality.

I am emerging from these discussions with much more hope than I had thought. I believe, much more than I did when the Bill was published, that the Government want to do something really limited in this space, but there is a significant landing zone for them to do more. We are interested in working on that point between stages. I understand how the mistake—the original sin—has happened. There is an elegance in trying to create a duplicate arrangement with nuisance begging, but actually that misses the point.

We will not be supporting the clause, for the reasons that we have given. Indeed, I am not sure how the Minister can support it, either, because it fails his own tests. We will have to divide the Committee. I think we can do much better than this, and, as I have said, there is a landing zone for that.

[Chris Philp]

I have made my points already, so I do not want to irritate the Committee by repeating them. The definition is pretty specific. As the shadow Minister has said, it is much more limited—and intentionally so—than the nuisance begging provisions that we debated this morning. However, if there are ways of ensuring that the right balance is struck, as my hon. Friend the Member for Harrogate and Knaresborough said, we are always willing to look at them. It is our intention to make this limited, narrow and specific. I think we have done that, but we are always open to ways of improving it.

--- Later in debate ---

[Chris Philp]

Clauses 63 and 64 make supplementary provision relating to earlier clauses on nuisance begging and, I hesitate to say, nuisance rough sleeping. Clause 63 enables an authorised person, defined as a constable or local authority, seeking to issue a direction or prevention notice, or to apply to a court for a prevention order, to require a person to provide specified personal details, specifically their name, date of birth and, if applicable, their address.

Failure to provide those details, or giving false information, will be an offence subject to a maximum penalty of one month’s imprisonment, a fine, or both. That is necessary because, otherwise, an individual who does not want to receive a direction notice or order could simply refuse to provide their details. Failure to comply with the process required to make the direction notice or order is a form of non-compliance and carries the same maximum penalty as failing to comply with the direction notice or order itself.

Clause 64 defines the terms “relevant local authority” and “local authority” for the purposes of clauses 38 to 63. In essence, the definition focuses primarily on the area in which the nuisance begging or nuisance rough sleeping occurred, or the area for which the relevant notice direction or order was given. On that basis, I commend clauses 63 and 64 to the Committee.

[Alex Norris]

I will be very brief, because I do not want to repeat the arguments that I have already made. Clause 64 defines “local authority” and addresses local councils. I have raised this issue a number of times, but have not asked a direct question. What guidance will be made available to enable local authority staff to apply the provisions in the way outlined by the Minister, as opposed to an overly officious, harmful and unhelpful way?

[Chris Philp]

Clause 64 relates to which local authority can issue the notice, which is a geographic question. The hon. Gentleman asks a different but valid question about the guidance. I repeat what I said earlier: the guidance will make clear that the first resort, as he and we would want, should always be to help people who are rough sleeping or having issues in their life that cause them to beg, whether that is support with mental health issues, drug treatment, alcohol treatment or support into housing. I reiterate what I said earlier: the guidance will emphasise support, help and treatment, if necessary, as the first action.

Question put and agreed to.

Clause 63 accordingly ordered to stand part of the Bill.

Clause 64 ordered to stand part of the Bill.

Clause 65

Circumstances in which court may attach power of arrest to injunction

Question proposed, That the clause stand part of the Bill.

[Chris Philp]

This is quite a large group of amendments, but I shall try to be concise. Before I turn to new clauses 21 and 22, which I have tabled with the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury, let me set out briefly why clauses 65 to 70 and schedules 6 and 7 should be included in the Bill.

The Government have a strong track record on tackling antisocial behaviour. In March 2023, we launched our antisocial behaviour action plan, which was backed by £160 million of new funding. The plan sets out a new framework for the Government, police forces, police and crime commissioners, local authorities and other partners, including housing associations and youth offending teams, to work together to prevent and tackle antisocial behaviour.

Off the back of the action plan, we launched the community safety partnership review and the antisocial behaviour powers consultation in March 2023. The consultation included a range of proposals to strengthen the powers in the Anti-social Behaviour, Crime and Policing Act 2014. The majority of respondents supported most of the proposals and, as a result, we are taking the opportunity presented by the Bill to back our police, local authorities and other partners to do even more to tackle the blight of antisocial behaviour.

Clauses 65 to 70 make provision for strengthened ASB powers as consulted on last year. Clause 65 provides that a power of arrest can be attached to any civil injunction by the court where it deems it appropriate. Clause 66 extends the period for which a dispersal direction can be in place from 48 hours to 72 hours and, following the issuing of a closure notice, extends from 48 hours to 72 hours the timeframe available to the relevant agency to apply to a magistrates court for a closure order.

Clause 67 amends community protection notices, to which the hon. Member for Nottingham North referred, to lower the age at which they can be given from 16 years to 10 years, bringing them in line with the criminal age of responsibility and the age at which civil injunctions might apply. Clause 68 and schedule 6 give police, in addition to local authorities, the power to issue public safety protection orders. Clause 69 and schedule 7 enable registered social housing providers to use both the closure notice and the closure order to quickly close premises that are being used, or are likely to be used, to commit nuisance or disorder. Clause 70 expands the community safety accreditation scheme so that CSAS officers can impose fixed penalty notices for a wider range of offences, and it increases the upper limit of the value of those FPNs from £100 to £500.

Finally, Government new clauses 20 and 21 build on those provisions by further reforming the dispersal powers provided for in part 3 of the Anti-social Behaviour, Crime and Policing Act. The powers will help the police and others, including local authorities, to tackle antisocial behaviour, and follow a consultation that we ran last year. On that basis, I hope that the Committee can accept the proposals.

Amendments 144 and 145 were tabled by the Opposition, so it would be courteous and appropriate to respond to them once the hon. Member for Nottingham North has had the opportunity to speak to them.

[Alex Norris]

Antisocial behaviour is a scourge on communities, and it is right that in legislation of this type we seek to ensure that police and local authorities have the correct tools to combat it. This is an issue about which our constituents have serious concerns and, like all right hon. and hon. Members, I have lots of conversations about this with people locally. Tackling antisocial behaviour is one of their top priorities, so we are broadly supportive of the measures in the Bill, although we might have gone a little further.

We have to ground this debate in a conversation about why we are where we are. We should test the effectiveness of the Government’s action on antisocial behaviour, but the roots of the challenges lie in a diminution of neighbourhood policing: there are still 10,000 fewer on the frontline, and our communities have suffered as a result. A move away from proper problem-solving, problem-oriented policing has led us to a lack of focus on the issue. That is why we have many more challenges than we would like.

--- Later in debate ---

[Chris Philp]

I will briefly reply to some of the points raised by the shadow Minister. On clause 21, and the removal of the requirement for an inspector to make the authorisation, any officer of any rank can make that authorisation to speed things up where necessary. In relation to his points regarding amendment 144, which I think extends the exclusion period from seven to 28 days—

[Alex Norris]

It is seven days for the second offence and 28 days for a subsequent offence.

[Chris Philp]

Yes. I understand the thinking behind the amendment, and obviously I have a great deal of sympathy for it, as he can probably imagine. The Government considered it, but we need to be cognisant of the restrictions imposed by various articles of the European convention on human rights, on which views around the House vary, to put it mildly. Clearly, if one goes beyond a certain point, one begins to stretch the ECHR articles, for example, concerning freedom of assembly. There is a balancing exercise between what is permitted in domestic law and those European convention rights, and they can conflict. That is why we have set the boundary where we have.

[Alex Norris]

That is an important answer, but I am conscious that nuisance begging prevention notices, for example, could mean that someone has to quit an area for a period as long as three years. Surely that could not be the case for people engaged in nuisance begging, but not for those who are engaging in antisocial behaviour.

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As flagged, I will respond to new clause 42 in a moment, once the shadow Minister has eloquently spoken to it.

[Alex Norris]

I got really excited; I thought we would sneak one through! It would have been a good one, as well. I will be honest: new clause 42 is probably my favourite out of all of them. There is a certain cruelty in the fact that I am yet again to be disappointed.

I start briefly with clause 71, which we do support. I have to say that given the number of reporting requirements that I have sought to put on the Home Office, which, sadly, have been rebuffed on each occasion, I am very pleased and amused that the Minister himself is now putting reporting requirements into the Bill, in this case on local policing bodies.

[Jess Phillips]

On someone else!

[Alex Norris]

Exactly, on someone else. But those are important reporting requirements, actually. Having that evidence will be of interest to local communities. I think that transparency could, at times, be challenging for local policing bodies, but that would not be a bad thing.

There are, again, issues relating to antisocial behaviour reviews. We want them to be done properly. We do not want people to get through to the end of the process and feel that they have not been listened to—that would be a double insult, given what they would have already suffered. I do fear that the lessons have never really been learned on the failure of community trigger over the past decade. We do not want to see, particularly with regard to the statistics reviews, a desire to localise blame for failures that often happen at a national level. Nevertheless, that is an argument to have at a later point. We have no issues with the requirements at all.

I have sought to improve the Bill with new clause 42, and I hope the Minister will be minded to show his support for it in other ways, if not directly. If the new clause were to be agreed to, that would be a really important building block in restoring neighbourhood policing for communities across England and Wales, and it would be at the frontline of our battle against antisocial behaviour. As I have said, the diminution and denuding of community policing over 14 years has had a significant impact. That is why half the population now say they rarely ever see the police on the beat—a proportion that has doubled since 2010.

People feel powerless to deal with antisocial behaviour, even though it happens right on their doorstep. That is compounded by the reduction in drug intervention services, as we have discussed in previous debates. Youth service budgets have been cut by £1 billion. Community penalties have halved, and there is a backlog of millions of hours in community payback schemes. We are creating the challenges we face because we are not contesting public space, and we must do something about it. That is what clause 42 offers. It is not a silver bullet, but it would entail rebuilding the fundamentals of good policing: officers serving and protecting their community, which requires the restoration of neighbourhood policing. Communities should know their police officers and be able to approach them directly if they need to.

We know that putting in the hard yards and building relationships makes the difference, and new clause 42 would be the first step towards achieving this. It would introduce a requirement that the

“chief officer of each police force in England and Wales must appoint a designated officer for each neighbourhood…to act as the force’s lead on work relating to anti-social behaviour”.

In other words, there should be a named officer leading on antisocial behaviour in every community. No longer would members of the public feel that, when they report antisocial behaviour, nothing is done and it disappears into the ether. Perhaps they do not have any contact with the police, or perhaps they have to ring 101 and get promised a call-back that does not happen. Instead, an officer embedded in the community—a face and name they recognise—would act as the lead on antisocial behaviour.

That is what the new clause would do, and it does not take much to imagine how an officer could work in this way. They could visit schools, community groups and youth clubs, engage with young people, build trust, try to prevent youngsters from being drawn into antisocial behaviour, and build relationships with parents where there are early concerns. That is what policing used to be, and it is what policing could be: policing in the community and serving the community. I know that there is demand among police officers, who want to be doing this sort of policing. The new clause would be a real enhancement to the Bill, so I hope the Minister is minded to accept it.

[Chris Philp]

Let me respond to the shadow Minister’s comments on new clause 42. I sympathise with the intention behind it, which is to make sure that there is a named officer working on ASB issues, but we have an important principle: the operational independence of policing.

Neither the Government nor Parliament direct the police to operate or behave in a certain way; they are operationally independent. That separation of powers is a fundamental principle, and instructing the police on how to structure their operations probably crosses the line of operational independence. However, I am sure that police and crime commissioners and chief constables will have heard about the Government’s focus on antisocial behaviour via our ASB action plan. They will have heard our debates in Parliament, including this one, and will understand the significance that we attach to this particular issue.

On accountability and local connections, most forces have safer neighbourhood teams, who are typically attached to a council ward. We certainly have them in London, and they exist in many other places as well. Three or four months ago, we extracted from the police a commitment to always follow all reasonable lines of inquiry in relation to all crime, including where antisocial behaviour crosses the criminal threshold. That is a National Police Chiefs’ Council commitment and we expect all forces to deliver it, including for the criminal elements of ASB.

On local accountability, we also have police and crime commissioners. If the public want to make sure that the police are held to account for delivering the commitment to always follow up on criminal offences, including criminal ASB, they can contact the police and crime commissioner, who is elected. Their job is to hold the local police forces to account for doing exactly the kind of thing that the shadow Minister outlined.

--- Later in debate ---

[Chris Philp]

Magistrates courts are, of course, a matter for the Ministry of Justice. I am sure my MOJ colleagues will do whatever is necessary to ensure appropriate arrangements are in place. I know that they labour night and day—“labour” meaning work—to make sure the right arrangements are in place. I fear I may be about to stretch Sir Graham’s patience in terms of scope.

I hope that the shadow Minister, the hon. Member for Nottingham North, will hear that I am in great sympathy with the spirit of the new clause. However, for reasons of police operational independence and because the police and crime commissioner has a role in terms of accountability, I do not think new clause 41 is appropriate. But I understand and appreciate its intent.

[Alex Norris]

I understand, Sir Graham, that I can have a second bite at the cherry; I think I am in order. Very briefly—I would not want to stretch your patience either—I am grateful for the Minister’s response, although I think that he is in danger of falling into a trap, as the Home Office sometimes does, when it comes to defending the status quo. Neighbourhood teams at the level of 10,000 people, which would be a council ward—that is not what we are talking about here. That is part of the public disconnect about scale.

Similarly, the point about accountability to the police and crime commissioner is very good; that is an important part of the democratic process. I have a lot more enthusiasm than perhaps others have expressed previously for that role and its importance. However, my police and crime commissioner has nearly a million people in her footprint—her footprint is by no means the biggest—so there is a challenge about operating at the right scale.

On the Minister’s point about all reasonable lines of enquiry—well, we will see. It very much remains to be seen whether that really is going to be meaningful beyond the rhetoric, but I am pleased to hear the Minister say that he thinks that applies more broadly. One of the most pernicious concepts is the idea of low-level antisocial behaviour; all sorts of problems are allowed to develop and a lot of misery is caused by looking at the issue in that way. That should not ever be the view we take.

The Minister’s point about operational independence is a good one and it is probably enough for me to resolve not to push my new clause to a vote. Perhaps I will come back with a different way of addressing the issue.

Question put and agreed to.

Clause 71 accordingly ordered to stand part of the Bill.

Schedule 8 agreed to.

Ordered, That further consideration be now adjourned. —(Scott Mann.)

Criminal Justice Bill (Eleventh sitting)

Alex Norris Excerpts

Committee stage
Tuesday 23rd January 2024 Public Bill Committees

[The Chair]

Okay. Is the shadow Minister content?

[Alex Norris (Nottingham North) (Lab/Co-op)]

indicated assent.

Ordered,

That the Order of the Committee of 12 December 2023 be amended in paragraph 1(f) of the Order, by substituting “3.00 pm” for “2.00 pm”.—(Chris Philp.)

Clause 38

Nuisance begging directions

[Alex Norris]

I beg to move amendment 140, in clause 38, page 39, line 23, at end insert—

“(c) any interference with the person’s attendance at substance abuse support services, mental or physical health support services, or places of worship.”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 139, in clause 38, page 39, line 36, at end insert—

“(10) The Secretary of State must lay an annual report before Parliament on the application of the provisions introduced by this section.”

Clause stand part.

[Alex Norris]

It is a pleasure to serve with you in the Chair, Sir Robert.

Clause 38 brings us to the provisions that concern nuisance begging. This clause, and subsequent clauses on homelessness, are closely tied to the repeal of the Vagrancy Act 1824 by the Police, Crime, Sentencing and Courts Act 2022. The 2022 Act will repeal the Vagrancy Act once the relevant provisions have been commenced, but the Government have said that they will commence those provisions only when replacement legislation is in place. For better or for worse, the clauses in front of us are that replacement legislation.

The repeal of the Vagrancy Act was a momentous victory for campaigners, because it effectively decriminalised rough sleeping and begging. The repeal had cross-party support, and many in the House shared the view that those who are destitute and living on the street should not be criminalised or threatened but offered support and assistance. Subsequently, the Government consulted on replacing the Vagrancy Act and set out new offences and powers regarding, for example, the prohibition of organised begging, which is what we are discussing and which is often facilitated by criminal gangs, and the prohibition of begging where it causes a public nuisance, such as next to cashpoints or in shop doorways.

Clause 38 gives effect to some of the Government’s proposals by introducing the power for a constable or local authority to issue a move-on direction to a person if they are engaging in, have engaged in or are likely to engage in nuisance begging. In this context, it is important that we differentiate between nuisance begging and nuisance homelessness, which we will come to. We strongly object to the provisions on nuisance homelessness, but the issue of nuisance begging is more nuanced. We know that some organised criminal gangs use begging for their own ends. They often use begging strategies that are aggressive and antisocial, and they often exploit challenged people to gain illicit private profit off the back of the characteristic kindness of the British people. That is wrong, and we therefore support powers that can tackle organised nuisance begging, but we think the provisions require greater humanity to protect those who are being exploited and those who are genuinely destitute.

The risk is that clause 38 and related clauses will target anyone, regardless of the nature of the harm. As Crisis has said, an effective blanket ban on begging risks pushing vulnerable people into dangerous places where they may be subject to greater abuse or violence. Someone simply sat alongside a cap or a cup could fall foul of the definition. That would be a mistake and risk harming some of the most vulnerable people in society. Many people become homeless and resort to begging through no fault of their own but because of situations such as trauma or family breakdown. They should not be doubly punished for falling through the cracks of a welfare system that is creaking under the strain of widespread poverty in our society. We are concerned that the Government have not quite landed the provision right.

Clause 38 allows for an authorised person—in this case, a constable or someone from the relevant local authority, which is defined in clause 64—to give a nuisance begging direction to someone over 18 who they think is engaging, has engaged or will engage in nuisance begging. The written direction will require the person to leave a certain place and not return for up to 72 hours. We do not, in principle, object to the police or local authority having tools to disrupt highly organised nuisance begging operations, which we know are active, but we fear that the provision will sweep up others along the way.

Amendments 139 and 140 seek to introduce safeguards. Amendment 140 seeks to ensure that, where nuisance begging directions are used, they should not interfere with a person’s attendance at substance abuse support services, mental or physical health support services, or their place of worship. Clause 38(5) states that a direction cannot interfere with a person’s work, their education or a court order. That is wise, but adding substance abuse support services, health services and someone’s place of worship would complete the picture. The amendment is straightforward and reasonable. Its intention is to protect the support and assistance provided to people who might be forced into begging, and to ensure that the Government’s nuisance begging directions do not cut across or undermine that support.

The nuisance begging powers are significant and could have unintended consequences, and amendment 139 is an attempt to maintain some parliamentary oversight. It would require the Secretary of State to lay an annual report before Parliament on the application of the provisions in clause 38, which we think would be an important check to ensure that they are not causing unintended harms, to give Members a mechanism to raise concerns, and to give a degree of parliamentary accountability. I do not think the amendment is particularly onerous. I would like to think—I would be concerned if this was not the case—that the Government will be monitoring the application of the powers and have a sense of how they work and whether they are dealing with the problem that they want them to deal with.

If that is not the Government’s approach, I hope that the Minister will talk a little about what assessment has been made of the possible risks, particularly for those who are facing genuine destitution and may fall foul of the legislation. For example, what will be the impact of imposing a one-month prison sentence or a £2,500 fine on someone in breach of these provisions, when they are already almost certainly in severe financial difficulties? We will get to appeal provisions, but will those who are facing these challenges be likely to be able to use those provisions? Is there not a risk of rather unequal justice? Further, having made such an assessment, what steps will the Government take to introduce mitigation?

My amendments suggest a way to put in some safe-guarding. I hope that the Minister can give us assurances, at least, about the Government’s understanding of how they will differentiate between the genuine, criminal, organised nuisance operations and people who are just in a dire personal situation. It is important that the Committee is mindful of that.

[Chris Philp]

It is a pleasure to serve under your chairmanship, Sir Robert—I think for the first time, though I hope it is the first of many. I am grateful to the shadow Minister for explaining his two amendments to clause 38, which provides for nuisance begging directions. Before I respond to his amendments, let me provide a little wider context for clauses 38 to 64, which the Committee will be relieved to hear I do not propose to repeat at the beginning of our debate on each clause.

These clauses will replace the Vagrancy Act 1824, which was prospectively repealed by the Police, Crime, Sentencing and Courts Act 2022, as the shadow Minister said. The hon. Member for Stockton North and I fondly remember our extensive debates on that subject some years ago. This package includes directions, notices and orders where someone is nuisance begging or nuisance rough sleeping; offences for nuisance begging and for facilitating organised begging; and a replacement offence for being found on enclosed premises for an unlawful purpose.

The Government and, I think, the House as a whole take the view that nobody should be criminalised simply for being destitute or homeless. That is why we are committed to bringing into force the repeal of the outdated Vagrancy Act 1824, using regulation-making powers under the PCSC Act—a Henry VIII power to which I presume the shadow Minister does not object. We have put in place a substantial package of support for people who are genuinely homeless, sleeping rough or at risk of doing so. Engagement and offers of support must continue to be the starting point in helping those who are begging genuinely or sleeping rough to move away from a life on the streets and into accommodation. However, we have heard from frontline local authority partners and police that there is still a role for enforcement where that engagement does not work.

It is important not to conflate begging and rough sleeping—although of course the two can be linked—which is why we treat them separately in the Bill. The Government consulted on replacing the Vagrancy Act in 2022 and the majority of respondents were in favour of introducing replacement begging offences, recognising the harm that it causes. We set out our plans in more detail in the antisocial behaviour action plan, published in March 2023.

Accordingly, clause 38 provides that where an authorised person, defined in subsection (7) as a police constable or the relevant local authority, is

“satisfied on reasonable grounds that the person is engaging, has engaged, or is likely to engage, in nuisance begging”,

they can issue a direction to move on. We will come on to the definition of nuisance begging, which is set out in clause 49. Such a direction will require the person to leave the specified location and not to return for up to a maximum of 72 hours, giving respite to those who are negatively impacted by the nuisance. It can also include a requirement for the person to take their belongings, and any litter they have been responsible for, with them. The direction must be given in writing, and it is an offence not to comply with it. The penalty for failing to comply is up to one month’s imprisonment or a level 4 fine, which is up to £2,500, or both.

--- Later in debate ---

Amendment 139 is a relatively standard Opposition amendment asking for an annual report. I will give the relatively standard reply, which I have given probably 40 or 50 times over the last few years during the passage of various Bills.

[Alex Norris]

There are another six to come.

[Chris Philp]

I am looking forward to repeating it.

There are many parliamentary mechanisms for monitoring the implementation of Bills, not least parliamentary questions, scrutiny by Select Committees and, critically, the normal process of post-legislative review, which takes place between three and five years after Royal Assent. I hope on that basis that the shadow Minister will forbear from pressing amendments 140 and 139. I commend the clause to the Committee.

[Alex Norris]

I am grateful to the Minister for his answer and for saying that the Government believe that, for nuisance begging and nuisance rough sleeping, support is the starting point. That is an important message. I also share his view that they are not the same thing, and our treatment of the two are different for that reason. I also agree that there is a place for enforcement, particularly for nuisance begging, although I think the case is weaker for rough sleeping. However, he also said that this is not about just any begging. Although I do not want to pre-empt our discussion of clause 49, which we will debate in due course, the way it is drawn up means that there will not be much left, frankly.

One theme that I will return to—particularly when we come to the homelessness provisions and the point my hon. Friend the Member for Birmingham, Yardley made about whether someone looks “likely”—is that this will be in the eye of the beholder. That will be a challenge, particularly for rough sleeping, but also in this area, so it is right that there should be anxieties.

I am grateful for the Minister’s comments on amendment 140. As he says, the list is probably not comprehensive, but I am glad that he said it was reasonable in spirit, which is definitely the kindest thing he has said to me in our four months together so far—I will take that as the strongest affirmation that I am likely to get. He has committed to address this issue through guidance, which is perhaps a better way to do it, so I am happy to withdraw the amendment on that basis.

Similarly, on amendment 139 and this point about post-legislative reviews, that is obviously not something we feel in this place. I suspect it is something that is more internal to Departments. There is a point here about how well we do or do not monitor the impact of legislation three or five years after we have passed it. We do not—we move on and do not really learn anything from it. However, we have had that argument on previous clauses, and I will not rehearse it again. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 38 ordered to stand part of the Bill.

Clause 39

Nuisance begging prevention notices

[Alex Norris]

I beg to move amendment 142, in clause 39, page 40, line 12, leave out “3 years” and insert “1 year”.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 138, in clause 39, page 40, line 31, at end insert—

“(9) Where a person has been served a nuisance begging notice the serving authority must refer that person to their local authority who must provide guidance relating to welfare rights or any other associated issue the person faces.”

This amendment would require the local council to offer support for people given nuisance begging notices.

Clause stand part.

Amendment 141, in clause 40, page 41, line 5, at end insert—

“(c) any interference with the person’s attendance at substance abuse support services, mental or physical health support services, or places of worship.”

Clause 40 stand part.

Clause 41 stand part.

Clause 42 stand part.

[Alex Norris]

Clauses 39 to 42 relate to nuisance begging notices, which will be a step up from the nuisance begging directions discussed previously. Clause 39 sets out new powers for an authorised person to give a nuisance begging prevention notice to a person appearing to be aged 18 or over if satisfied on reasonable grounds that the person is engaging, or has engaged, in nuisance begging. This is a notice that will prohibit the person from engaging in a specified behaviour for a specified period of time, or require them to do specific things, within specific times and in—or not in—certain places. Clause 39 (3) provides that the maximum duration of any requirement is three years. That is a significant period of time. Subsections (7) and (8) make it an offence to fail to comply with a nuisance begging prevention notice without reasonable excuse, the maximum penalty being one month imprisonment—I would be exceptionally surprised if that is how it is intended to be used—or a fine of up to £2,500, or both. That is a punishment that is likely to be difficult to enforce.

The powers contained in these clauses are substantial. They place stringent requirements on individuals not to engage in certain behaviour. Of course, that can also be used positively to ensure an individual engages with support services. As in clause 38, an authorised person is defined as a police constable or someone from the relevant local authority. We know that police officers up and down the country already contend with heavy workloads and are not necessarily experts in nuisance begging or homelessness. I would be interested to hear from the Minister about how that might be covered in guidance, but there is a real risk that these new powers send the signal that begging is a criminal justice issue and that it is the police’s job to sort. In some cases it might be, but in many if not most it will not be. I hope to hear the Minister say that he does not think this is an issue we can police our way out of. Yes, we need to break organised criminal gangs, but beyond that the reasons for people ending up destitute and begging for money are service failure or their engagement with services across the piece all the way to the final stage of sitting next to a cap or a cup. It is wrong to say that that is simply a criminal justice issue.

[Alex Cunningham]

We had this problem in Stockton with nuisance begging, with people aggressively approaching customers sitting outside a café having a coffee. The local authority and the police force worked together on a solution and have put the resources in, but I am concerned that it could become just a police matter, as my hon. Friend has outlined. Can he think of any way we can get round that, such as resources for local authorities?

[Alex Norris]

I am grateful for that intervention. The case for resources for local authorities is one that we cannot make enough. My hon. Friend gives a good example of partnership working that has not just turned to criminal justice outcomes and told the police, “Well, this is now your problem to deal with.” We need that good faith partnership working and I hope that my amendments help to promote that to some degree.

Amendment 138 seeks to mitigate those challenges by inserting a new subsection so that

“Where a person has been served a nuisance begging notice the serving authority must refer that person to their local authority who must provide guidance relating to welfare rights or any other associated issue the person faces.”

The amendment seeks to ensure that someone who receives a nuisance begging notice is referred to the right support services and can liaise with the right qualified individuals on the matter. That would move away from criminalising the person and towards making sure that they get support to make a change in their life. My amendment is one way to do that and I would be interested in hearing about other ways from the Minister. In a previous debate, the Minister said it would be “support first”, and this is a way to make that real.

Clause 40 governs what can and cannot be required in the prevention notice. I have sought to amend that with amendment 141, which mirrors what I said in the previous debate. I will not repeat those arguments or press this to a Division, on the basis of what the Minister offered.

Amendment 142 would reduce the period that a prevention notice may be in place from three years to one year. Three years is a lengthy period for which—we will discuss this in relation to clause 49—someone could be told that they cannot attend their local town centre or high street. That could be based on the judgment of quite a junior officer, with minimal oversight, on pain of a month in prison or a fine of £2,500. Setting to one side those who are in genuine destitution, who I cannot believe we would want to banish from their town centres, part of the risk is that criminal gangs will cycle through the vulnerable people that they are exploiting. It will not matter a jot to those gangs that that person has to deal with a very difficult consequence for their life; they will move on to someone else. Amendment 42 would reduce the period of the notice down to one year. I hope that the Minister can explain the rationale for choosing three years.

Clause 41 is about the appeals process. We support an appeals process being included in the Bill, but I have significant concerns, which will be mirrored in the debates relating to homelessness, about access to justice and about whether the most destitute will be able to engage with the magistrates court to try to get a notice lifted. I would not challenge the power in clause 42 to vary notices, as I suspect there will be moments when they will be revised down.

Those are some ideas to try and soften some of the provisions. I am interested in the Minister’s views.

[Chris Philp]

As the shadow Minister explained, his amendments are to clauses that provide for nuisance begging prevention notices. The notices are a further tool that would be made available to police and local authorities to tackle nuisance begging, where it arises. The nuisance begging prevention notices that are set out in this and subsequent clauses follow the structure of existing notices such as community protection notices, which the police and local authorities are already familiar with using.

The nuisance begging prevention notice builds on the move-on direction in clause 38, allowing for an escalated approach, and can be tied in with relevant offers of support. The notice will prohibit the relevant nuisance begging behaviours and help to direct the person into the relevant support where it is necessary to do so in order to prevent the nuisance behaviour. For example, the notice may state that the individual must not beg close to cashpoints or that they must not approach people to ask for money, and also that they should attend a drug treatment centre so that their support needs can be assessed. In that way, the public would be protected and any relevant underlying drivers causing the nuisance begging could be addressed.

In relation to the point that the shadow Minister raised, I can confirm that the intention is absolutely to support people. We want to help address the underlying causes of begging and rough sleeping, which may be related to mental health problems or drug problems. I will give the shadow Minister a sense of the thinking on this. In drafting the Bill, there was extensive debate about whether we could go further and actually require people to have drug treatment, mental health treatment or whatever, or to attend a refuge or a shelter. There is evidence that people do not always want to accept those offers of help, so we considered whether we could introduce a power to essentially require them to do it. Having taken legal advice, it was suggested that that would not be lawful, and that is why this is constructed in the way it is. However, hopefully that illustrates that the Government’s thinking is that we want to offer more assistance and to get more people who are sleeping rough or begging into mental health treatment, drug treatment and alcohol treatment. We thought of going further, but for legal reasons that are principally connected to the European convention on human rights, we were not able to do so. Hopefully that illustrates the thinking on these issues.

Amendment 142 seeks to reduce the maximum duration of a nuisance begging prevention notice from three years to one year. I should start by stressing that the three years provided for in the Bill is the maximum period over which the notice can be enforced, and, naturally, where appropriate, a shorter timeframe can be specified. It is for the authorised person, which will very often be a local authority officer, not just a police constable, to consider the individual circumstances—all the relevant information about the person’s circum-stances—to decide what is appropriate, reasonable and proportionate.

--- Later in debate ---

[Chris Philp]

If someone is given a nuisance begging prevention notice, the expectation will be that they comply with it. If there is any prosecution for a breach, it may be that the protections in the Modern Slavery Act would apply. Again, if a police officer or local authority officer thinks there is a problem with trafficking, it may well be that they think it inappropriate to make the prevention order. It is a power, not an obligation; they do not have to give the notice. We would expect the officer to have regard to the circumstances of the individual, which might include those the hon. Lady described. The national referral mechanism can take quite a while, although it is speeding up, but it may be that other support is available much more quickly than the support that follows an NRM reasonable grounds decision.

To repeat the point, the expectation is that support is made available where it is necessary, but support could be provided hand in hand with a nuisance begging prevention notice. The authorities could seek to prevent nuisance begging, which is bad for the wider public, by using the notices and other powers, while at the same time ensuring appropriate safeguarding. The two are not mutually exclusive; it is possible to do both at the same time. I also draw the Committee’s attention to clause 39(7), which is relevant to the intervention. It says it is only an offence to breach the conditions “without reasonable excuse”. For example, if someone has been coerced into behaviour that results in a breach, that coercion could—it would be for the court to determine—be a reasonable excuse, and therefore a defence.

I hope that that explains the purpose of clauses 39 to 42. Although I understand and agree with the spirit of the amendments, they are not necessarily the right way to achieve the objectives that the shadow Minister set out.

[Alex Norris]

I am grateful for the Minister’s response. The “reasonable excuse” provision in clause 39(7) gives a degree of comfort, but the reality is that, particularly in the trafficking cases mentioned by my hon. Friend the Member for Birmingham, Yardley, individuals will not say that they have been coerced into nuisance begging. Instead, they will take the punishment; they will not be able to proffer what would be considered a reasonable excuse. That is our concern.

The debate on amendment 141 mirrored previous debates, and I am happy not to move it on the basis of the answers I have had. On amendment 142, I hear what the Minister said about the three-year duration being a maximum, not a target, but I fear that because it is in the Bill, it will become a magnet. With regards to police constables, we know about their training and codes of practice, so we can be confident about the criteria that they are expected to apply, but we are concerned that the Bill is—for good reason—drafted in such a way that very junior local authority officers could be making that decision.

[Jess Phillips]

Who have never heard of the NRM.

[Alex Norris]

Who do not know anything about the national referral mechanism and have no criteria to make a judgment against. Frankly, an authorised person who works frequently in a town centre or on a high street might just really not like someone. This power would be available to them, with minimal oversight, and there would be little recourse against it, which is why I think that three years is too much. I will push the amendment to a Division as a result.

I am grateful for what the Minister said about amendment 138 and support first; I completely take him at face value, and that is clearly what he said. My anxiety, as we enter the final year of this Session of Parliament, is that I have done lots of these Bills, and Ministers change. I thought that I had a really good concession from a Minister on the Levelling-up and Regeneration Act 2023, and the next day the Minister changed; I have learned from that. What is in the Bill is important, and I am really keen that that message be in it, so I will also push amendment 138 to a Division.

Question put, That the amendment be made.

--- Later in debate ---

[Alex Norris]

I will not repeat a lot of what I have said so far. Clause 43 concerns nuisance begging prevention orders, the most severe of the three tiers of powers that the Bill covers. I think it makes sense to align these tiers, as the Minister said in a previous debate, with other civil-type powers, so that they are easy to understand. As defined in clause 43, an authorised person can obtain the order on application to a magistrates court. If the court is satisfied that someone aged 18 or over has engaged in nuisance begging, and has failed to comply with the move-on direction and a notice, this seems like a reasonable escalation of the process for them to face.

My concern is mainly with the duration of such orders; clause 45(4) states that their duration may not exceed five years. That is quite a long period. Is that a proportionate response to the challenge that we are trying to tackle, which is serious and organised nuisance begging and aggressive and antisocial nuisance begging? Is a five-year exclusion the right thing to do, or, again, will it harm vulnerable people? We know that gangs will move on to new people, and the others will be left with the consequences.

There is a degree of comfort in the fact that we are talking about magistrates courts, so I have less anxiety about the measures than I did about the previous provisions, in which case I really think that three years will become a magnet. We can have confidence that a magistrates court will look at the full picture when considering an order of up to five years, but I am keen to know why the five years is being written in sand. Through amendment 143, I seek to reduce the period to one year, as a way of finding a balance between protecting vulnerable people and disrupting organised activity. An appeals process is set out in these clauses, and although this issue is of greater concern in the next part of the Bill, I think there is an access to justice issue for the people we are talking about. How well will they be able to use the legal processes that are there to protect them, and what support will they get to do so? I will stop there, but I am particularly keen to know why five years was the chosen duration of the orders.

[Chris Philp]

Briefly, five years was chosen—an increase from the three years in the previous provisions—because, as the shadow Minister said, the order is supervised by a court. That duration is a maximum, rather than a target. Courts are very well used to dealing with maximum durations, particularly in the context of sentencing. For example, the prison sentences handed down are often a great deal shorter than the maximum set out. As a matter of evidence and practice, courts often go a long way below the maximum—although we in Parliament might wish they went closer to the maximum in some cases. The duration is set at five years because courts have discretion and are used to working with maximum durations; but the court does have to look at all the relevant information and evidence before deciding.

Finally, in relation to the positive requirements imposed, we have offered further safeguards, in that nuisance begging prevention orders can be varied or discharged, should circumstances change during the period. I hope the shadow Minister accepts that giving a court that flexibility is reasonable. We do it the whole time with criminal sentencing, and there is evidence that courts use that power with a great deal of restraint sometimes. I hope that explains the Government’s thinking on the issue.

Amendment 70 agreed to.

Clause 43, as amended, ordered to stand part of the Bill.

Clauses 44 ordered to stand part of the Bill.

Clause 45

Duration of nuisance begging prevention orders

Amendments made: 71, in clause 45, page 44, line 8, leave out “on the day” and insert

“at the beginning of the day after the day on which”.

This amendment provides for a nuisance begging prevention order to take effect at the beginning of the day after the day on which it is made.

Amendment 72, in clause 45, page 44, line 9, leave out “subsection (2)” and insert “subsections (2) and (2A)”.

This amendment and amendments 74 and 76 provide that where a nuisance begging prevention order is made in respect of certain offenders, the order may take effect from a later time described in the table inserted by amendment 74.

Amendment 73, in clause 45, page 44, line 12, leave out

“be made so as to take”

and insert “provide that it takes”.

This is a drafting change.

Amendment 74, in clause 45, page 44, line 13, at end insert—

“(2A) If a nuisance begging prevention order is made in respect of a person described in the first column of the following table, the order may provide that it takes effect as mentioned in the second column.

--- Later in debate ---

[Alex Norris]

Again, I will not speak in great detail, because we have covered most of the arguments under previous clauses. Clause 48 creates an offence of nuisance begging, with a punishment of up to a month in prison or a fine up to level 4 on the standard scale. I just want to understand a little more why the Minister thinks that the crime is needed as well as the three orders—the three different civil powers—in the legislation. Presumably, he would assume that those steps would be taken before this measure would be used and someone would not be sent straight to prison. It is really important to say that we do not think, particularly in the case of people with substance abuse or mental health issues, that a merry-go-round of short-term prison sentences is likely to prove effective, because it never has done previously.

Clause 49 is a particularly interesting one, because it gives the definition of nuisance begging and tests the Minister’s point that the intent or the effect of the legislation is not to criminalise or prohibit all begging. That is a challenging argument to make, because if we look at subsection (2), on the locations where nuisance begging is engaged, and if we take those 10 locations together—in aggregate—that is a huge winnowing of the public space; indeed, it is virtually the entire town centre or high street. I think that that is by design rather than by accident. I think that if we talked to the public about those locations, they would think that they are the right ones. This is not an argument against it, but it is about understanding that the effect of the decision being taken here will be a prohibition on begging in the entirety of an amenity, because all that is left after 5 metres is taken from the entrance or exit of a retail premises is just a little bit of curtilage or carriageway—but, actually, the carriageway itself is excluded, as the Minister said, so after that there really is not very much left.

[Jess Phillips]

Just fields.

[Alex Norris]

As my hon. Friend says, there would just be fields.

I am keen to understand from the Minister that subsection (3) is an “or” provision to subsection (2) and not an “and” provision—[Interruption.] The Minister nods. Subsection (3) is therefore a significant increase, in the sense that the locations cease to matter quite quickly so long as the nuisance begging

“has caused, or is likely to cause”—

has yet to cause, but may well cause—harassment, possible harm or damage, or a risk to health or safety. This is a very broad and subjective test. I understand what training we could give to a constable, but I am interested to hear from the Minister about what training we can give to local authorities, or at least what guidance he intends to produce regarding the application of this subjective test. We do not intend to oppose this clause but, combined with the clauses before it, the total effect will be that the distinction between begging and nuisance begging, about which the Minister made a point, will not exist in any practical sense. The provisions are drawn broadly enough to apply in virtually any case where an individual wants to beg. We need to know what criteria the authorities are supposed to be working against, so I am keen to hear the Minister’s answer.

[Chris Philp]

In relation to the first question about why the offence is set out in the clause when we already have the notices, orders and directions—three interventions—that we have discussed already, there may be some particularly egregious or persistent cases where the criminal sanction is necessary.

Of course, it is for the court to decide what is appro-priate. We have already discussed that there is now a presumption—or there will be shortly, once the Sentencing Bill passes—against short sentences for those people not already subject to a supervision order from the court, so a custodial sentence is very unlikely to occur for a first conviction in any case. For offences of this nature, it is open to the court to impose a non-custodial sentence, even for subsequent offences where there is already a supervision order from the court in place. That might include a mental health or alcohol treatment requirement, a drug rehabilitation requirement and so on. It does not follow that the court having the power to impose custody will mean that it will necessarily choose to do so. I hope that answers the hon. Gentleman’s question. It is a last resort power, but it is important that the police have that available to them.

In relation to the definition of nuisance begging—to which no amendments have been proposed—we want to make sure that people are able to go about their daily business; the hon. Member for Birmingham, Yardley set out in her intervention how nuisance begging can cause intimidation. The list of locations is based on feedback received from local authorities, business improvement districts, and retail associations and their members, based on their own practical experience. That feedback came from the consultation we conducted in 2022 and subsequently, and it is why the list of locations has been constructed in that way that it has.

--- Later in debate ---

[Chris Philp]

I hope that the clause is relatively uncontentious and commands unanimous agreement across the Committee. It creates a new criminal offence for any person to arrange or facilitate another person’s begging for gain, relating to the kind of exploitation that the hon. Member for Birmingham, Yardley referred to in an earlier intervention. Organised begging is often run by criminal gangs, sometimes with links to trafficking and other serious crimes. It exploits vulnerable individuals, causes nuisance to others and undermines the public’s sense of safety. It benefits no one, and it exploits the vulnerable by making money off them.

The clause outlaws this despicable practice, making it unlawful for anyone to organise others to beg for gain. That can be anything from recruiting vulnerable people to take part in organised begging to driving them to places for them to beg. I am sure we have all seen, read about or heard about people getting dropped off to beg and then being picked up in luxury cars or vans later in the day. None of us wants to see that activity tolerated. It helps to gather funds that not only arise from the exploitation of vulnerable people, but can be used to support organised criminal gangs and their other illicit activities. The offence rightly helps to shift the risk to the criminals who are organising the begging and exploiting the most vulnerable. To reflect the severity of the activity and the role it plays in criminal gangs, the maximum penalty upon summary conviction will be six months in prison, an unlimited fine or both.

[Alex Norris]

This is the best of all the clauses that we will debate today, so the Minister will have the unanimity that he seeks. The real criminals are the ones who cause or arrange for people to beg on our streets in order to extract money for themselves. Those are the real villains, and it is right that there is an offence and a sanction. We hope to see it used, although I have slight anxiety about that. I am also glad that it is more severe than the sanction facing the individuals who themselves have been forced to beg. That is the right balance.

I am keen to understand one point. It is certainly my belief, and I think also the technical definition, that forced begging is a form of modern slavery. Therefore, presumably the Government’s point is that this offence is not covered, or insufficiently covered, under modern slavery legislation. I am interested in the Minister’s rationale there.

Similarly, we have to see it in that context. As my hon. Friend the Member for Birmingham, Yardley knows well from her work, there has been a retrenchment in recent years of the focus on modern slavery. The important provisions in the Modern Slavery Act 2015, particularly the referral mechanism, obviously have not worked as intended. People who are supposed to be waiting for 45 days for a decision are actually waiting closer to 600 or 700 days in many cases, and certainly multiple hundreds in virtually all of them. There has also been a sign from the Home Office, and from the Prime Minister himself, that in some ways modern slavery provisions are not compatible with the public’s desire for a controlled migration system. That is not our view; we do not believe that that is right, but there is a slight disconnect between this provision and the 2015 provisions, and some of the national rhetoric. I am keen to understand the Minister’s view on the interrelationship between this clause and the Modern Slavery Act 2015.

[Chris Philp]

I shall respond briefly to the question about the interaction of this clause with the Modern Slavery Act 2015. The Modern Slavery Act applies where someone is coerced, forced, tricked or deceived into labour of some kind, whereas people who are engaged in organised begging might sometimes do so voluntarily. This clause covers the cases where either they have agreed to it voluntarily or it is not possible to produce the evidence that they have been coerced, so it fills those two lacunae.

Question put and agreed to.

Clause 50 accordingly ordered to stand part of the Bill.

Clause 51

Nuisance rough sleeping directions

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Alex Norris]

This part of the Bill, on nuisance rough sleeping provisions, is certainly the most contentious part, and probably the most interesting to the public as well. I rise to speak with a degree of sadness. I agreed with so much of the first half of the Minister’s speech; the problem is that the first half, which set out the Government’s intent, belief and policy, was not the right counterpart to the second half, which simply is not in service of those goals. We therefore oppose these measures and will, I am afraid, oppose every group of this debate.

The nuisance rough sleeping directions in clause 51 give an authorised person, which, according to subsection (7), is a police constable or someone from the local council, the power to move on a person if the rough sleeping condition, which we will debate at clause 61, has been or, indeed,

“is likely to be, met.”

That is a significant phrase. Subsection (2) sets out what that will mean: that person will be moved on and not allowed to return to that area for 72 hours. Subsection (3) states that that person will have to pack up and take all their belongings and any litter with them. If they fail to comply, they will have committed an offence and may go to prison for a month or be subject to a £2,500 fine.

As I say, we oppose these provisions. I take the same view as my hon. Friend the Member for Birmingham, Yardley: I understand that nuisance rough sleeping is different from nuisance begging, which can have its roots in organised crime, but even where it is solely a venture by individuals, it can often be intimidating, disruptive and not fair on either businesses or individuals going about their daily lives. It is, of course, right for local authorities and the police to have some degree of power and control over nuisance begging, but rough sleeping is different. There is certainly no evidence that anyone is sleeping rough for profit. As a result, the Government’s rationale for these provisions does not hit the mark.

The repeal of the Vagrancy Act 1824 was a landmark moment for campaigners, including many Members of this House who had worked towards it for a long time. The same people who were elated at that success are now rightly shocked that the Government are opting to pursue this path. We heard on Second Reading—although not from the Minister, I do not think—that it is contingent in law, and certainly in the Police, Crime, Sentencing and Courts Act 2022, that there must be some replacement for the Vagrancy Act lest those provisions cannot be ended. First, I am not sure that is true beyond a de minimis meeting of that legislation, and secondly, that is not a case for what is in this Bill. We have heard that there must be a change, but we do not hear why this change is necessary—why private property laws or health and safety laws cannot be used.

On Second Reading, a Member—possibly a member of this Committee, though I dare not mention the name in case I get it wrong—raised an instance of dangerous rough sleeping in their constituency, where a fire exit was being blocked. The Government cannot tell me that either there are not the right powers on the statute books or we could not have drawn narrow powers to meet that case. Under those circumstances, we would have supported them.

I have drawn significantly on the explanatory notes throughout the considerations of the Bill, and I think it is telling that the policy background element, which is detailed on everything else, essentially gives up on homelessness. I do not think there is a very strong case to be made for these provisions. We should not lose sight of the fact that rough sleeping is a symptom of other failures, particularly Government failures on housing, poverty and mental healthcare provision. I am not sure how criminalising those who then end up with the sharpest repercussions of those failures will in any way move us closer to resolving their individual circumstances or the collective ones.

[Chris Philp]

I did set out the Government’s commitment to ending rough sleeping and the £2 billion being invested to achieve that objective. The shadow Minister is setting out why he does not agree with these provisions as drafted. He is, if I hear him correctly, implying that no replacement statutory provisions are needed at all. Does he accept that, if customers will not go into shop because a large number of people are camped or sleeping rough outside it, which happens in some areas, to the point that the business is being undermined, there should as a last resort be some hard-edged sanction to protect the business owner in those circumstances? The argument that he advances seems to suggest that there should be no protection at all for that business owner.

[Alex Norris]

No, the phrase I used was “de minimis”. I believe that there could be some degree of power in that instance—which, I must say, I am not sure is that common, likely or foreseeable across the country. In those extreme circumstances a lower-level power could be set but that is not what we have in the Bill, which is much broader and risks drawing lots of vulnerable people into the criminal justice system. The idea that we could in some way meet the compulsions for a month in prison or, indeed, that those individuals could meet the £2,500 fine is rather for the birds.

We are likely to see something more like what the Minister said in the previous debate to my hon. Friend the Member for Birmingham, Yardley—some sort of common-sense application of the laws as they are, with people being moved on and getting a tap on the shoulder. Actually, how will we then have moved on from where we were? The point was not that the Vagrancy Act was not really being used, but that it really should not have been on the statute book and had to go. We are just going to replace it with a range of measures that, similarly, will not be used—or will be exceptionally damaging where they are used. I direct hon. Members to the joint briefing sent by Crisis, Shelter, St Mungo’s, the YMCA, Centrepoint, the National Housing Federation and many more:

“enforcement is far more likely to physically displace people to less safe areas and prevent them from accessing vital services that support them to move away from the streets, entrenching the issue in a way that makes it harder to solve.”

It goes on to say that that can

“push people into other riskier behaviour to secure an income such as shoplifting or street-based sex work.”

It is a critical failure of the Bill that those who know of what we speak fear that those are the sorts of vulnerabilities that people will be pushed into.

Another point of difference between us and the Government—we will get on to this in clause 61—is that the definition is very broad. The Minister raised a specific case in a small set of circumstances, and the answer to that is a broad set of powers in a broad range of circumstances. That seems unwise, particularly as the issue is not even about sleeping rough; it is about the act of “intending to sleep rough”. All sorts of consequences flow from that definition, which we will talk about in clause 61. However, we have heard concerns from the Salvation Army about feeding existing prejudices about those who sleep rough.

Ultimately, the most vulnerable and destitute need support into suitable accommodation, not criminalisation. Clause 51 and the associated clauses will only exacerbate the problems that they face; it may offer a bit of short-term respite for the community, but in reality it will cause greater issues and solve none of the underlying causes. As my hon. Friend the Member for Birmingham, Yardley said, the clause is a triumph of hope over experience. For that reason, we cannot support it and will vote against its inclusion in the Bill.

[Chris Philp]

I will briefly respond by making two or three points. The first is that I hope the shadow Minister and others will acknowledge that the clause represents a dramatic reduction in the scope of the criminalisation of rough sleeping compared with the Act currently on the statute book, which is in force as we speak. It dramatically reduces the scope of people who will be caught by the provisions. The hon. Gentleman did not acknowledge that in his speech, but I hope that perhaps later in the debate he will acknowledge that the Bill dramatically shrinks the range of people caught by the provisions.

I made my second point in my intervention. The hon. Gentleman proposes voting against the clause, but he has not proposed any alternatives to it. He has not put down any amendments, and when I pushed him on what he thought should be done to protect shopkeepers, for example, he did not really have any clear answer.

Criminal Justice Bill (Tenth sitting)

Alex Norris Excerpts

Committee stage
Thursday 18th January 2024 Public Bill Committees

[The Minister for Crime, Policing and Fire (Chris Philp)]

As always, Dame Angela, it is a pleasure to serve under your chairmanship.

Clause 32 introduces schedule 4 to the Bill, making reforms that are more than technical: they are significant reforms to the confiscation regime in part 2 of the Proceeds of Crime Act 2002, to which I suggest we refer henceforth as POCA. That Act was passed over 20 years ago. The measures that we are introducing apply only to the regime in England and Wales contained in part 2 of POCA; there are separate confiscation regimes that apply in Scotland and Northern Ireland in parts 3 and 4 of POCA respectively. We are discussing with the Scottish Government and the Northern Ireland Department of Justice whether the reforms introduced by the Bill should also be applied to the regimes in Scotland and Northern Ireland. If they so wish, no doubt there will be amendments in due course.

In 2018, the Home Office commissioned the Law Commission of England and Wales to review the confiscation regime and make recommendations. The commission’s report was published just over a year ago, in November 2022. It contains 119 recommendations, which have shaped the measures we are introducing in this Bill; essentially, we are implementing the Law Commission’s recommendations.

Reform is necessary to ensure that the confiscation regime operates as efficiently and effectively as possible, prevents criminals from retaining the ill-gotten gains of their criminality, and makes it clear to offenders and victims that crime does not pay. We will achieve that in schedule 4 by streamlining processes, creating realistic confiscation orders and expediting enforcement.

The Government have consulted extensively on the measures for reform, which benefit from over 20 years of operational insight. These reforms will support the delivery of key objectives in the economic crime plan 2 and the fraud strategy to reduce money laundering and increase asset recovery. The 10 parts of schedule 4 contain a number of reforms, which, broadly speaking, do what I have set out; I would of course be happy to go through them in detail should any Committee member so wish.

I note that the hon. Member for Nottingham North has tabled amendment 62. I propose to respond briefly to that amendment once the hon. Gentleman has spoken to it.

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to see you in the Chair, Dame Angela. I rise to speak to amendment 62.

Clause 32 and the weighty schedule that it introduces deal with confiscation orders and the regime that governs them. As the Minister says, they are not technical; they are substantial and important. It is safe to say that it is a matter of unanimity across the House that where people are convicted who have benefited, and in many cases made huge sums, from crime and its attendant misery, that money should be recovered from them where possible. Convicted criminals should not make out ahead as a result of their crimes. They should always know that that is what we believe in this place—perhaps they should have priced it in as a cost of doing business that they will not benefit from the misery that they bring.

It is no great surprise that we believe strongly in the Proceeds of Crime Act 2002, but it is important to ensure that it remains effective, two decades on, and that gaps are closed wherever they may exist. The Law Commission work commissioned by the Home Office was very valuable. Its 119 recommendations will help us to improve the process by which confiscation orders are made, ensure that orders are made realistic and proportionate, and improve the enforceability of orders. Those are noble goals, and we are grateful to the commission for its excellent work. We welcome and support clause 32 and schedule 4.

There is only one small change that I would suggest, and I am interested in the Minister’s views on it. I am grateful that he is letting me make my case first; sometimes with groups of amendments we get the case against what we are about to say before we have said it, which always seems a little unkind. I would like to see what he thinks about my amendment 62.

The Committee took evidence from Kennedy Talbot KC that dissipation was a material factor in delaying or preventing restraint orders. He suggested that we take it out. His evidence was of great interest:

“I am sure that the Committee is familiar with the power for the court to make restraint orders preventing people who are suspected of crime, and then charged with crime, from dealing with their assets. At the moment, a statutory proposal in the Bill is that the risk of dissipation factor—such risk needs to be established for an order to be made under case law, not under statute—should be specified. The answer, in my view, is to scrap the risk of dissipation, so that it is not a requirement.

In many cases, what prevents prosecutors from applying for restraint orders is that they feel they cannot meet that test. Normally, that is because the case is brought to them some time after an investigation first started. The defendants are often aware that they are being investigated, and the case law more or less establishes that unless you can show that a defendant is on the point of selling his house or moving £100,000 to the UAE or whatever it may be, you cannot get a restraint order. Scrap the risk of dissipation.”––[Official Report, Criminal Justice Public Bill Committee, 14 December 2023; c. 102, Q44.]

The challenge put to us by Kennedy Talbot KC is that although the risk of dissipation factor is well meant and was designed to find a fair balance as to effectiveness and proportionality between the individual and the collective, it is acting as a perverse incentive not to pursue confiscation orders or pursue assets. I do not think that that is what we want.

I must say, my amendment is possibly not the most elegant way of making that a reality. It would simply delete paragraph 25 of schedule 4, which relates to the risk of dissipation. There may be—in fact, there doubtlessly will be—other ways in which that could be done, and we would be very interested in that.

I am interested in what the Minister has to say in response because, if he is not willing to accept my amendment, I think it is incumbent on him to say whether he shares Kennedy Talbot KC’s concern. If he does, how else might we clear that test? But if he does not share it, why not, because that seemed a pretty reasonable point to me?

On Scotland and Northern Ireland, the Minister pre-empted a question that I was going to ask. This seems like another area where a four-nations approach would be desirable, so that there are no parts of the Union where someone is treated differently, or where it is better to base oneself to exploit differences in regimes. The Government have tabled an awful lot of amendment for this Committee stage. I would hope and expect them to slow down that approach over the rest of this Bill’s stages—in this and the other place—but we would very much welcome it, and they would have nothing to fear, if they tabled an amendment. Perhaps the Minister will say whether any further conversations are planned. Clearly, very effective conversations have taken place on the rest of the Bill, but I wonder whether conversations on this have ground to a halt. Could the Minister tell us whether this is an ongoing process?

[Chris Philp]

I will first respond to the questions about amendment 62, to which the shadow Minister just spoke. I agree with the concern that he is raising. We must ensure that the barrier is not set too high, and that these orders can be made so that, where there is a risk of dissipation, the assets can, essentially, be placed under control so that they cannot be sold—or “dissipated”, as the Bill puts it.

As the hon. Gentleman said, there is already case law that the court has developed. It cannot be done arbitrarily. The court is essentially freezing someone’s assets, or preventing them from disposing of them at least, and there should be some sort of test before that draconian—but, of course, sometimes necessary—step is taken. That is currently in case law; all we are doing here is putting it on to a statutory footing. Law enforcement partners have welcomed that, because it provides clarity where currently there is simply case law.

Therefore, the Committee could reasonably ask itself whether the way in which this is drafted is reasonable and whether the test is set at the right level. The relevant part is part 8 of schedule 4, which starts at line 18 of page 119 and sets out exactly what the test is. As we would expect, the first test is that the first to fifth conditions in this section of POCA already apply. Secondly, the critical phrase is in paragraph 25(2)(a):

“there is a real risk that relevant realisable property”—

meaning stuff that someone can sell—

“held by any person will be dissipated unless the Crown Court exercises the powers”.

Therefore, the test is set as there being a real risk that the relevant property may essentially be sold off. That is where the threshold is: “a real risk”.

[Alex Norris]

Will the Minister give way on that point?

[Chris Philp]

I will in just one moment. Then, to determine whether there is a real risk, the schedule sets out towards the end of page 119 what the court may have regard to. That includes the nature of the property and the extent to which steps have already been taken, which is only one consideration, not a determinative consideration. Other items include the circumstances of the person and evidence of their character, which means that, if they are a crook, the court would take extra care. It would also have regard to the nature of the defendant’s criminal conduct. Are they a fraudster? Are they into money laundering and moving cash around? It will also take into consideration the amount of money involved and the stage of proceedings. Presumably that means that the further advanced the proceedings, the more sensitive the court will be. None of those different factors is individually determinative, but they should all be considered. On page 119, line 24 of the Bill, schedule 4 inserts in the Proceeds of Crime Act 2002 the critical phrase,

“there is a real risk”.

I would be interested to hear the shadow Minister’s view on that point, and not on any other points he may wish to intervene on.

[Alex Norris]

The Bill defines many terms, and I hope that “crook” will become one such term at a later stage. It is a great phrase.

In previous debates, the Minister has said that putting things on the record may be valuable to future court interpretation. What I am hearing from the Government is a clear message that by “risk of dissipation”, we are talking about not acts of or in the throes of, but a much broader definition. That would be enough comfort to me on my amendment.

--- Later in debate ---

[Chris Philp]

That is a bit of wishful thinking.

[Alex Norris]

Tick-tock, Minister. Tick-tock.

[The Chair]

Order. It is my fault—I started it—but let us concentrate on the Bill. I call the shadow Minister, Alex Norris.

[Alex Norris]

It is absolutely right that we do that, Dame Angela.

The clause and the schedule govern suspended bank accounts and, more pertinently, what happens to the money in those accounts. We should say on the record that it is right that banks are vigilant to the possibility of fraudulent activity and, when they suspect that it is taking place, that accounts are suspended. We know that that sort of regime and the culture of the industry have changed significantly in recent years. We could argue that there is a commercial disincentive to doing that, but banks clearly understand that being a trusted part of a system that does not want fraudulent activity or to have money washing around is good for everybody. That work and its creative use should be recognised, because, as the Minister says, if we held strictly to a criminal standard, there would be all sorts of reasons why that money would not be stopped. We know that good uses of terms and conditions for holding an account have been employed by the industry, which is welcome.

It is important to have a suspended account scheme in place so that those funds have somewhere to go. We support this clause and schedule. Earlier this week, I was getting very excited about the use of regulations rather than putting things in the Bill. This is a case where that is the right approach, and we look forward to good engagement while that is being developed.

Paragraph 114 of the explanatory note says:

“For the past…15 years, organisations in the financial sector (and to a lesser extent in other parts of the Anti-Money Laundering Regulated sector) have been suspending accounts and transactions where criminality is suspected. Organisations have been doing so on a private law basis taking into account their terms and conditions and threat analytics.”

Clearly, this has been going on for a while, and we are now catching up with a regime so that we can give some shape for releasing that money. It is sensible that the funds have somewhere to go, and of course we would support the purpose of that money being to go back into tackling economic crime. That is a good, virtuous loop.

I hope that the Minister will address this. We know that there has not been a scheme to release this money. Are we to understand from that paragraph of the explanatory note that there are 15 years’ worth of suspended funds just sat there? I do not see anything about that in the Bill, and I wonder whether the Minister can make it clear whether he anticipates there being anything in regulation that would mean that funds that predate the legislation would be out of scope of the scheme. I do not read anything about that in the Bill; as I said, my reading is that they are in. That gives rise to a very obvious question: how much money is there? That will be an issue of great interest for colleagues.

The beginning of schedule 5 says that financial institutions “may” take part in this scheme. I wonder whether the Minister got a sense from the consultation responses and the conversations that he has had with the industry of how widely he expects financial institutions to participate in the scheme and of whether there is a degree of risk—or any anxiety in the Home Office about there being a degree of risk—of displacement to financial institutions that are known not to take this action. Again, I suspect that most of the major players are doing this activity and therefore would wish to be part of it. I would be interested to know how widespread the Minister expects take-up to be.

It is right that there is a compensation mechanism for individuals who have their fund suspended and taken away, because mistakes can and doubtlessly will be made in this sort of scheme. Paragraph 5(1)(c) of schedule 5 governs that this ought to be part of the regulations, and we support that. I presume that that would be a liability against the scheme in its aggregate. Paragraph 5(2) states that it is possible to cap the amount of compensation money that the scheme can pay an institution. What is the reason for that? Clearly, there are institutions that are not being careful, so I presume that the measure covering the money they pay to the scheme is an incentive for them to be more careful in how they handle and freeze accounts. However, is there not a risk that shareholders or executives decide to cap the contribution at the compensation sum, so that they do not inadvertently create a liability on their balance sheet? The Minister might say that that will be covered by regulations, but there is nothing in the Bill to say that once a financial institution is part of the scheme, it must always be part of it, or that, for every account it suspends, it must send all of the money, in full, to the suspended accounts scheme.

The Government may not know the answer to that yet, but they must have thought about it because they have set up a compensation cap. If someone has had their account frozen incorrectly and they have not engaged with it for a number of years, that money is going to a suspended accounts scheme. If they then come back and say, “Hang on a minute, I’d like my money back,” it is not unreasonable—in fact, it is very reasonable—to think that they should get it back in full. The Government have chosen to cap that. That might be because they want to encourage good behaviour, but I am keen to get an explanation from the Minister. I really look forward to having, hopefully to a pounds and pence level, a sense of how much he thinks will go into this scheme when it is opened on day one.

[Chris Philp]

I mentioned this in my introductory remarks. It will apply to all the balances currently held, which includes all those balances accumulated over the last 15 years. The estimation is that that adds up to £200 million. We estimate that the inward flow each year will be £30 million or more. I hope that gives the shadow Minister a sense of the quantum.

We expect wide take-up across the whole financial services industry. Obviously, financial institutions are already suspending accounts, to the tune of £200 million up to date and, we think, £30 million or more a year going forward. Our engagement suggests that there will be wide take-up.

On the shadow Minister’s point about the limit to the compensation, the last words of paragraph 5(2) of schedule 5 are “in any period”, which I presume is to ensure that the scheme remains solvent. He is right to say that any compensation will be paid from inside the scheme and not subsidised by the wider taxpayer, so it will be internally financed, not creating any wider financial liability. It may be the case that, if there is one big claim, the “in any period” caveat would allow for the compensation to be paid over more than one period.

The shadow Minister also asked whether this might inadvertently create a perverse incentive for financial institutions to only make transfers up to the limit of the cap. Clearly, where that cap is set requires some thought. That is a very good question to dig into when these regulations are brought forward and debated. I will make sure that colleagues in the Home Office designing these regulations do so with that concern in mind. When we bring the regulations back, the shadow Minister or his colleagues can have a look at how that is designed. He has made a good point, and we will make sure it is reflected in the way in which the regulations are designed in due course.

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Schedule 5 agreed to.

Clause 34

Electronic monitoring requirements

Criminal Justice Bill (Seventh sitting)

Alex Norris Excerpts

Committee stage
Tuesday 16th January 2024 Public Bill Committees

[Chris Philp]

As I just set out, drug testing might be done, particularly if the inspector thinks that drug abuse might have contributed to the offending. If someone is on drugs that are causing them to commit domestic abuse, I am sure we would all want that identified so that action can be taken.

On the hon. Lady’s point about homicide versus manslaughter, that is not in the scope of this Bill—we are not making any changes in that area. I do, however, share her concern about the cases of people who murder their partners. We should not be somehow excusing their behaviour or seeking to diminish their culpability by saying, “Oh, they’re on drugs,” and getting the charge dropped from homicide to manslaughter. Although that is not the topic of this Bill—the Bill makes no changes as far as that is concerned—I share the hon. Lady’s concern. I hope that the legal community have heard the point that she has just made, with which I have enormous sympathy. I think it sounds reasonable.

The safeguards for the new power include that it can be used only by approved constables; that the statutory PACE codes of practice must include provision about how the new drug testing power is to be exercised; and that the sample may be taken only for the purpose of a drug test. That is to ensure that the power is used proportionately and only by those with appropriate experience.

The individual being tested must also be given a notice setting out why, when and where they were tested, and the result of the test. Following a positive test, a person can be required to attend an assessment with a drug-support worker, as is the case with the current drug testing regime. Non-attendance without good reason will itself be an offence. We will probably debate Opposition amendment 133 later; that tries to go further on this issue.

The trigger offences and specified controlled drugs will be set out in secondary legislation. The Secretary of State will, in line with the regime for drug testing in police detention, have the power to specify in regulations those trigger offences within the scope of drug testing in locations outside of custody, and the controlled drugs to be tested for. Such regulations will be subject to the affirmative and negative procedures respectively. That will ensure appropriate parliamentary scrutiny and allow for the regime to be varied if circumstances require.

The amendments also make various—I hesitate to use this term after the comments from the shadow Minister, the hon. Member for Nottingham North, last time—technical and consequential amendments; I think we should excise the word “technical” from our discussions in future to avoid triggering the shadow Minister. The amendments make various important and consequential changes to ensure that the drug testing regime outside of custody has the same legal effects as drug testing in police detention.

In talking through the amendments, I have explained the intent behind clauses 15 to 17. I will rest my remarks there and reply later to any further points raised in the debate.

[Alex Norris (Nottingham North) (Lab/Co-op)]

As we have heard, clauses 15 to 17 expand police powers to test for drugs in suspects who have been arrested and are in police detention. Drug testing on arrest was originally introduced as a police power under the Criminal Justice and Court Services Act 2000, which inserted sections 63B and 63C into the Police and Criminal Evidence Act 1984. That legislation gave the police the power to drug test those arrested if aged 18 and over, or charged if aged 14 and over, for the presence of specified class A drugs if arrested or charged either for a trigger offence or where a police officer of at least the rank of inspector has reasonable grounds to suspect that specified class A drug use has caused or contributed to the offence and authorises the test. Trigger offences include theft, handling stolen goods, going equipped for stealing and possession of a controlled drug if committed in respect of a specified class A drug. We know that such offences have a significant link to substance misuse. Clause 15 expands police powers to test not just specified class A drugs but any specified controlled drug.

We were very keen on such measures 23 years ago in relation to class A drugs, and we support their expansion to include any specified controlled drug; my anxiety stems from the fact that, as my hon. Friend the Member for Birmingham, Yardley mentioned, we heard in the evidence session and we know from engagement with our local police forces that there is not likely to be the capacity to do this effectively.

The Minister said that there are record police numbers, but he knows that there are 10,000 fewer police in neighbourhood settings. His pushback to that in previous debates has been to classify response police as neighbourhood police, but they would certainly not be able to do this type of activity. The burden of proof is on the Minister and the Department to show where the capacity will come from. We have real doubts, although we hope the measure will work.

[Peter Dowd (Bootle) (Lab)]

Does my hon. Friend agree that the measure seems to be in contradiction to the position that many police forces are in? Because they lack resource capacity, they are withdrawing from dealing with issues relating to mental health and are saying, “We don’t have the capacity to do it.” Does my hon. Friend agree that this measure will put more pressure on police forces at a time when they are having to withdraw from some operational interventions?

[Alex Norris]

I am grateful to my hon. Friend. Routinely or in extremis, demand pressures can push officers to do just the basics—keeping people safe and putting people in detention—rather than dealing with the broader issues, as we want them to. That problem creates further issues, and that is a challenge for us all.

[Chris Philp]

On that point, it is important to clarify the reason we are introducing the national partnership agreement, which applies Right Care, Right Person across the whole of England and, we hope, Wales too. Following a successful pilot in Humberside, it was found that in many of the mental health cases that the police were dealing with there was no criminality and no threat to public safety, so a police response was not right for the person suffering the mental health crisis. Not only was that taking up lots of police time that should have been spent doing other things, such as dealing with drug offences, but the person suffering a health episode was not being properly treated. It was found in Humberside that it is better for everyone, including the patient, to get a medical response in those circumstances. That is the motivation for the national partnership agreement, which the hon. Gentleman just referred to.

[Alex Norris]

The evidence from Humberside was strong and gave us encouragement to expand the scheme nationally; the challenge will be whether we see the same level of thought in its implementation across the country as we saw in Humberside. As my hon. Friend the Member for Bootle said, the risk is that forces will apply the scheme by simply not responding or turning their phone off, and displacing the activity. Humberside is a really good example of something done thoughtfully and well, but we should not assume that we will see that nationwide.

[Peter Dowd]

On the point that the Minister made in his intervention, does my hon. Friend agree that the issue is circuitous? The reason why the police were involved in mental health interventions in the past, although they are pulling away from them, was that there were such strains and stresses on the health service and local government that they had to fill the gap. Does my hon. Friend agree that this is getting to the farcical stage, with gaps in resources left, right and centre?

[Alex Norris]

Sadly, it has been a defining feature of the past nearly 14 years that we have been left dealing with significant issues such as substance misuse at the latest and most expensive stage, and that is particularly pertinent in policing. We deal with mental health issues, to the degree that we do deal with them—certainly for children and adolescents, that is definitely not the case universally—at the point of crisis. We do not have earlier interventions.

My amendment 133 seeks to add a little bit of that back in. It is a point of agreement across parties that, if individuals are in custody for crimes that they are alleged to have committed and they test positive for substances in their system, then that support is necessary—it is critical—to stop their drug use and hopefully change their life. My amendment refers to that, and I will get to that in a second. Currently, under the Drugs Act 2005, an individual who tests positive for a class A drug may be required to attend an individual assessment relating to their drug use and possibly a follow-up assessment. I think that we can go a little further than that, as my amendment does.

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[Chris Philp]

No, it would not count. For the police to exercise the proposed power, they must have reasonable grounds to suspect that the item is likely to be used for an unlawful purpose. I do not think there would be any reasonable grounds to suspect that kitchen knives hanging on the wall of the hon. Member for Birmingham, Yardley would be used for an unlawful purpose. By contrast, if the police were in the residence of a known prolific drug dealer and gang member, drugs had been recovered from the premises and they had been arrested or convicted for previous violent offences, that would be an instance where a quantity of knives—perhaps different knives beyond kitchen knives—would meet the threshold that I just set out. I hope that sets out the rationale.

In his evidence to the Committee on 12 December, Chief Constable Gavin Stephens, chair of the National Police Chiefs’ Council, said that giving the police this power is

“a very important preventive measure.”––[Official Report, Criminal Justice Public Bill Committee, 12 December 2023; c. 11, Q18.]

That is why are seeking to introduce the provision, justified in the way that I have set out. If somebody believes that their property—their knife—has been seized in error, they will be able to make a complaint to the police, as with any other police matter. In addition, we are providing a right of appeal in court to have the item returned, if the court agrees. If somebody did unreasonably seize the kitchen knives of the hon. Member for Birmingham, Yardley, she would be able to complain to the police in the first instance. If they did not address her complaint and return the knives, she would then be able to go to the court and get them returned.

It is also important to say that there is no additional power of entry associated with the new power. The police would need to be in the property lawfully, which, presumably, would also not be the case in the hon. Member’s house. For example, they would need to be there as part of an investigation into an unrelated matter or invited into the property. We will amend code B of the Police and Criminal Evidence Act 1984 to ensure that the codes of conduct reflect the new power, so that it is used in a fair and reasonable way.

Finally, amendment 32 is a minor technical amendment —we must not forget that—which clarifies that for the purposes of clause 18(8)(b), the final determination of an application includes the determination of any appeal. This provision will help the police to take dangerous knives off the street, or out of people’s houses, even if they are legal, where they are suspected of being used for unlawful violence. It is a useful additional power. The police asked for it in their evidence to the Committee, and I hope that it will command cross-party support.

[Alex Norris]

This provision is to some degree the less controversial—though not unimportant—counterpart to clause 19, so I will keep some of my arguments for the next debate. The Minister wants cross-party support and he will secure it on this matter. The consequences of the clause will be that if a constable is lawfully on a premises and they find a bladed or sharply pointed item that they think might be connected to unlawful violence, they can seize the article. It passes an important test, which I think about quite a lot: if I had to explain to my constituents that the reverse were true, would they think I am an idiot? In this case, I think that the test is passed. If bladed or pointed weapons that might be used for unlawful violence are found during a lawful visit relating to another purpose, they absolutely should be seized. It is in the public interest.

We will discuss this point in the next debate, but it is important that the principle of search warrants is upheld, and that they have a definition; they cannot be used for fishing trips or exploratory trips. Nevertheless, when these sorts of items are found, we must be able to take them out of use. I am interested in whether the Minister thinks there is a need for training or awareness among officers. We could apply a Phillips test quite easily: if someone has a knife but they do not have any food or a kitchen, that is probably a bad sign. That in itself is possibly not the quality of regulations a Secretary of State might wish to set, so I would be interested to hear how the Minister thinks that might work.

I am grateful for the clarity that clause 18(1)(a), which states,

“is lawfully on the premises”,

means that the power applies on any visit, for whatever purpose, whether that is a search warrant or a response call. I do not disagree with that, but it is important that we state that. It is important that it is understood. It must be demoralising for staff to visit for a certain purpose—say, on a search warrant—and then to have people there laughing at them because they cannot withdraw from circulation some dangerous weapons. I think, therefore, that the provision will be welcomed by officers as well.

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[Chris Philp]

I will briefly reply to a couple of the questions. We propose to use the same processes already in place for property that is seized. There is a very standard form and process that the police routinely use, and the same would apply here. The hon. Gentleman asks about subsection (7), on the basis on which a court might hear an appeal, and about paragraph (b) in particular, which appears towards the top of page 14. The subsection states that the court may make an order if it appears to it that the person is the owner and that

“it would be just to make the order”.

The hon. Gentleman askes what that means. I think the meaning is that the test set out in subsection (1)(c) is met—that is to say, there are

“reasonable grounds for suspecting that the relevant article would be likely to be used in connection with unlawful violence”

were it not seized. I think the test of whether the decision to seize and retain the blade is “just” essentially refers back to the test set out in clause 18(1)(c). It would seem reasonable that if that is the statutory test that the police officer applies when deciding whether to seize the knife, one would expect the court to apply precisely the same test, and that is how, therefore, I would expect the court to apply the term “just”. I hope, should there be any ambiguity, the transcript of this answer will assist the court in interpreting the use of the word “just” in what will be section 18(7)(b).

Amendment 32 agreed to.

Clause 18, as amended, ordered to stand part of the Bill.

Clause 19

Stolen goods on premises: entry, search and seizure without warrant

[Alex Norris]

I beg to move amendment 61, in clause 19, page 15, line 17, at end insert—

“(8) A constable may search a specified premises for specified items without obtaining authorisation under subsection (1) if the constable believes that the search is necessary for the effective identification of stolen goods.

(9) If a constable conducts a search by virtue of subsection (8), they shall inform an officer of at least the rank of inspector that they have made the search as soon as practicable after the completion of the search.

(10) An officer who is informed of a search under subsection (9) shall make a record in writing—

(a) of the grounds for the search;

(b) of the nature of the items sought;

(c) confirming that the officer would have given their authorisation under subsection (2) had the constable sought it.”

This amendment aligns the power given under Clause 19 with that in section 18 of the Police and Criminal Evidence Act 1984, and enables a police constable to undertake a search for stolen goods without a warrant without obtaining authorisation from a superior officer.

Clause 19 is one of the more significant clauses. It introduces very significant new powers of entry, search and seizure without a warrant. That is not without controversy, as I think we will cover in the next three debates. Amendment 2, which proposed to leave out clause 19, has not been selected for debate, but it is worth noting that it received quite a lot of signatures spanning a very broad range of parliamentarians across the Conservatives, the Lib Dems and the Democratic Unionist party. Clearly, a significant range of colleagues with significantly different world views are discomforted by these provisions. That is always an interesting and important sign that we should get something right.

Again, I subject this to what my constituents think and the conversations that I have had with them in the past. So many items are now fitted with a GPS or geolocation tracker, but it is a matter of considerable frustration and no little confusion that the fact that we know where an item is does not provide appropriate grounds for a constable to retrieve it. That is deeply frustrating and, as we have seen in the explanatory notes and heard in the evidence sessions, is a problem that the clause seeks to solve.

The clause inserts into the Theft Act 1968 proposed new section 26A, which confers power on a police officer to enter and search any premises for stolen goods without a warrant. Under the current provisions in the Theft Act, a warrant would have to be issued by a magistrate before such a search could take place. Given the nature of the enterprises that pinch digital technology or expensive bikes, or that may even be stealing cars to order, we know that that delay involved could mean that our response is far too late and that the moment for retrieval, for detection and perhaps for breaking up an organised group of criminals has been missed.

Clause 19 goes on to state the parameters for the new power whereby the need for a warrant can be bypassed—namely, that a police officer of at least inspector level must authorise a constable to enter premises and search for the specified items, in this case stolen goods. It also sets out the conditions—namely, that the police officer of at least inspector level must be satisfied that there are reasonable grounds to believe that the items have been stolen, that they are on the premises and that it is not reasonably practicable to obtain a warrant without frustrating or prejudicing the search—and that authorisation can be oral or written. Again, this process seems reasonable, given that the crime that it is concerned with often involves the rightful owner having that degree of tracking information and being able to provide it to the police, showing the precise location of the stolen goods, but at present the police cannot do anything about it.

There are certain checks and oversights. A uniformed constable must conduct the search; it must happen within 24 hours of authorisation, although I suspect that such searches will take place much more quickly than that; and it must be done at a reasonable hour. Again, in principle we support these measures; without wanting to prejudge the stand part debate, I need to establish that context before I can turn to my amendment.

The current process for obtaining warrants to search properties for stolen goods with tracking information can be an inefficient use of police and magistrates’ time. It hampers investigations and allows criminal enterprises to benefit from their activities, using the slowness of the authorities to do things much more quickly, and obviously we know that that can have a knock-on effect for further crimes as well.

An interesting point was well made in the evidence session when we heard from Superintendent Nick Smart of the Police Superintendents’ Association. He challenged the Committee about why the Bill appeared to sit differently from existing powers set out in section 18 of PACE. Amendment 61, which I have tabled, sets out to probe that issue.

Section 18 of PACE allows entry and search without the prior authorisation of a more senior officer, provided that it is after an arrest and the officer has reasonable grounds to suspect that there is evidence on the premises being searched relating to the offence that has been committed, or to a connected offence. Therefore, there is precedent in current legislation for entry and search without a warrant or prior authorisation, and section 18 of PACE allows for consent to be sought afterwards, with a senior officer at the rank of inspector or above having to sign off on that, saying that they would have authorised the search if they had been there in that moment. That is also an important caveat.

Amendment 61 merely seeks to align the powers in clause 19 with similar powers in section 18 of PACE. The reason I think that would be quite helpful is that it would be more consistent from an officer’s point of view. I do not think that we would want officers to think, “Ah, am I using section 19 of the Criminal Justice Act or section 18 of PACE?” and therefore asking, “Can I, or can’t I?” The possibility for error is quite clear there.

More importantly, however, I think there would be some clarity for the public, too, because, once again, just as it would be challenging but not unreasonable to ask for officers to be very conscious of the different sections of the powers that they are using—of course they need to know that, although there are times in the heat of the moment when mistakes could happen—I do not think it is reasonable to expect members of the public to hold such things in their minds.

Therefore, consistency in the regime used is important; I think that was the point that Superintendent Smart was making, which is probably a good one. I want to press the Minister as to why that approach was not taken and why his approach is better.

[Peter Dowd]

Amendments 61, 58 and 59 are linked, but I will speak first to amendment 61, a thoughtful amendment tabled by my hon. Friend the Member for Nottingham North.

I want to address an issue relating to the Human Rights Act 1998, which incorporates the European convention on human rights into UK law, with particular reference to section 6, “Acts of public authorities”, which came into force in October 2000. I stand to be corrected, but as far as I am concerned, for the purposes of the amendment, the right to respect for private and family life informs the relevant police powers and sets them in context.

Article 8 of the convention states:

“1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

As paragraph 2 above sets out, it is unlawful under the Act for a public authority to act in a way that is incompatible with the convention right, unless it is compelled or permitted by statute to do otherwise. There is an excellent lecture by Robert Walker entitled “The English Law of Privacy: an Evolving Human Right”, which is well worth a perusal. I am sure that everyone in this room agrees, notwithstanding the current debate among some Government Members in relation to the ECHR more broadly, that article 8 is pretty uncontentious. What is perhaps more contentious is where it is breached. It is important that we keep that in mind.

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[Chris Philp]

I very much welcome the Opposition’s support for the principle behind clause 19. As the hon. Member for Nottingham North mentioned, some people—a small number, I would add—have expressed reservations, but I am glad that we agree on the principle that the clause will help police officers to retrieve stolen goods; our constituents will welcome that. Amendment 61 aims to fine-tune the detail of how that is done. In fact, it goes a little further in its drafting than the Government are proposing. The hon. Gentleman referred to section 18 of the Police and Criminal Evidence Act 1984, noting that in some circumstances constables can enter premises without a warrant or prior authorisation from a more senior officer. He seeks to implement the same thing via his amendment.

The difference, however, is that under in the PACE provision the police must either suspect that a person is on the premises or be in pursuit of a particular person, whereas clause 19 is about stolen goods. Of course, individuals are a little more mobile than stolen goods: a stolen mobile phone, iPad or car can be moved, but that requires a person, whereas if the police think a person is in the premises, they can leg it pretty quickly. We do not need prior authorisation from an inspector under section 18 of PACE, because that relates to a person the police are after, whereas in this case we are talking about stolen goods. If the police think that there are both stolen goods and a person, the PACE provisions will apply and they can enter the premises without a warrant and without prior authorisation. The reason that we have built in the little extra step of prior authorisation by an inspector is that we are talking just about stolen goods, not about a person.

I can assure the shadow Minister that inspectors are used to authorising the use of various police powers—that is relatively routine—and inspectors are always available in each relevant area 24 hours a day, so there should not be any particular delay. We think that the clause is ECHR-compliant, and of course on the front page of the Bill there is a statement under section 19(1)(a) of the Human Rights Act that in the view of the Secretary of State, its provisions are consistent with our ECHR obligations—a topic that may be debated on the Floor of the House today and tomorrow.

It is very welcome that the Opposition support the clause in principle. I do not think that the calibration of the inspector’s prior authorisation will cause any delay practically. Because we are going after goods and not people here, I think the balance is right. While welcoming the Opposition’s support for the clause in principle, I therefore gently resist their amendment.

[Alex Norris]

I am grateful for the contribution from my hon. Friend the Member for Bootle. His points about human rights are really important. In this Committee, and during the Bill’s remaining stages in this place and down the other end of the building, we will have to fine-tune—I think that is the phrase he used—the balance of these provisions.

The Opposition certainly do not support routine warrantless searches, just on spec, of people’s lives, premises or property. We have to find a balance; that is why we have a warrants regime. If there are cases—I think that the clause provides us with one—in which it is reasonable to set that to one side, we must do so in a tightly defined and clearly understood way. I do not want to start the next debate prematurely, but that is very much my view, and I will be pressing the Minister further on it.

I am grateful for the Minister’s explanation, which is enough to give me comfort. It is slightly strange to hear conversation about the ECHR up here in Committee, given what we will hear downstairs on the Floor of the House this afternoon, but that is for others to debate. For the purposes of this debate, what the Minister said is a helpful caveat. What I offer perhaps would go further, and given that we are moving gently into this space, perhaps it is not wise to go the whole way. I suspect that this might have to be kept under review. The Minister talked about property not being fast-moving. Perhaps that will be tested by time, but at this point I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 58, in clause 19, page 16, line 24, at end insert—

“(4) The Secretary of State must, as soon as is practicable after a period of two years from the date of Royal Assent to this Act, lay before Parliament a report on the implementation and utilisation of the police powers introduced by this section.”

This amendment would require the Secretary of State to publish a report on the police’s use of the new powers of entry, search and seizure.

[The Chair]

With this it will be convenient to discuss amendment 59, in clause 19, page 16, line 24, at end insert—

“(4) The College of Policing must exercise its powers under section 39A of the Police Act 1996 to issue a code of practice in relation to the use of powers introduced by this section.

(5) In drawing up the code of practice under subsection (4), the College of Policing must consult with such individuals or bodies as it sees fit.”

This amendment would require the College of Policing to publish a code of practice on the use of the new powers of entry, search and seizure.

[Alex Norris]

There are considerable concerns about clause 19, as colleagues have demonstrated by tabling amendment 2. As far as amendments to Bills tabled by people who are not Committee members go, the range of signatories to amendment 2 is interesting. It shows that there is interest from a wide range of colleagues with a wide range of world views, so it is important that we take the time to look at the matter properly.

We should be honest that allowing warrantless searches is a significant change. Search warrants are a well-established and well-understood part of our law and policing processes. My hon. Friend the Member for Stockton North mentioned how all-pervading they are in media and on television. There is a widespread acceptance and understanding of “You’re not coming in if you don’t have your warrant,” and that sort of thing. It is important that we in this place provide clarity and leadership, and that if we want to set that regime aside we explain how we will do it and what it will mean. We have to balance that against the public’s very reasonable expectation that we should use new technologies to get their things back.

I hope to hear from the Minister that the Government’s view is that this is a very narrow power for a narrow set of circumstances, that it is not a significant change to the search warrant regime in this country, and that people should understand that warrants are the default, primary and most important way for law enforcement agencies to enter their property. I hope to hear that this is a de minimis power that will be utilised in a targeted way for a specific purpose. I believe that to be the case, and I think that that is what came out of the evidence sessions, but I hope that the Minister will put it on the record.

Amendments 58 and 59 are designed to give the powers some shape, assurance and guardrails so that members of the public and interest groups watching our debates know that we are not just signing off on the Bill and forgetting about it, and that Parliament takes an active interest in seeing how and whether it works.

Amendment 58 would require the Secretary of State to lay before Parliament a report on the use of the powers within two years of the Bill’s Royal Assent. That would give us in this place a chance to have some oversight and scrutiny of what has happened. It would get the Government to state on the record, in an indisputable way, whether they feel that the powers have or have not worked, so that there can be an assurance of ongoing parliamentary interest. It would perhaps give us a jumping-off point to change direction if needed. Again, I would be interested to hear the Minister’s views. If he is not minded to accept the amendment, how will the Government keep track? How will Parliament get the chance to have its say about the effectiveness or otherwise of the new provision?

We will file amendment 59 under no good deed going unpunished. We heard typically excellent evidence in our session with Chief Constable Andy Marsh, the chief executive of the College of Policing. He said that there is an issue with the provisions in the Bill: the technology is not perfect. If someone has lost their phone or tablet and finds out that it is in their house, pinpointing it becomes quite the scavenger hunt, because the technology is not that accurate. Some of the inbuilt technology might be better than some of the trackers that are appended to an item, which can have varying ranges and be imprecise. There could also be challenges if someone is living in shared accommodation, because it might not be clear which room or dwelling an item is in or, if the building has multiple enterprises, which one is holding it. The technology is not so good that those concerns are removed.

My suggestion, which mirrors one of the Government’s ideas in clause 73, is that we ask Chief Constable Marsh and his College of Policing to issue a code of practice on the use of the new powers of entry, search and seizure. We should be very clear about what it is for and what it is not for, which would give confidence to colleagues and the wider public. This is primarily a conversation about technology, but not exclusively so. Again, there will be frustration if someone comes to us and says that their distinctively designed guitar is in the window of a pawn shop. It is deeply frustrating that the police have very little power to recover that item, so providing some shape through a code of practice would be helpful.

The code of practice ought to state—perhaps the Minister will say this himself in his response—that the purpose of the clause is not to change our warrant regime, but to ensure that a stolen item has some degree of locator or physical differentiator, so that it is known to be in a certain vicinity and it is not reasonable to think it could be anywhere else. That is the narrow circumstance under which the power should be used. That is certainly our view on how broad it should go. I think it is probably the Government’s view as well, and I hope to hear that from the Minister. Either way, my amendments seek to give the powers guardrails. I hope that they will be agreed to on that basis, but if not, I hope that the Minister will tell us what guardrails the Government have in lieu to ensure that the power is effective and retains public confidence.

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[Chris Philp]

Let me respond briefly on amendments 58 and 59. Amendment 58 asks for review. Members of the Committee will know that review and scrutiny of statutory powers happens on a regular basis. The Home Office collects and publishes more data on the use of police powers than it ever has before. There are plenty of opportunities for Members to scrutinise the use of powers both via written questions, oral questions, the Select Committee, and so on and so forth, but critically the normal post-legislative review of the Act will happen three to five years after Royal Assent, as is usual. The scrutiny of how this works in practice will happen through those mechanisms, particularly through the post-legislative review that always happens three to five years after Royal Assent. A range of scrutiny mechanisms exist beyond that. The police are not under-scrutinised.

On amendment 59, I am pleased to confirm to the Committee, particularly the shadow Minister, that we intend to update PACE code B, which covers police powers of entry, search and seizure, to give a clear statutory guide—even stronger than the College of Policing’s authorised professional practice—on how best these powers should be used. Under section 66 of PACE, there is a requirement for us to do that. We are of course happy to do it, but we do not actually have any choice; it is a statutory requirement under section 66. That will include the new powers covered in clause 19 of the Bill. We will work with the college to ensure that any supplementary guidance it issues on these new powers reflects the wording of updated code B, but updating code B is compulsory; we have to do it. It is statutory, and I can confirm that we will comply with our statutory obligations. I hope that addresses the issues raised by amendments 58 and 59.

[Alex Norris]

I am grateful for colleagues’ contributions. My hon. Friend the Member for Bootle raised a couple of points. We must always hold in our head how things will operate in practice. What is in the Bill is in the Bill but often what happens in that moment—perhaps a moment of challenge or conflict at 11.30 on a Friday night—can feel very different from what is in the Bill. We ought to hold practical operations in our head, which is what we have been seeking to do.

The Minister addressed my hon. Friend’s point about stepping back and scrutiny to some degree, which was very welcome. I feel a certain degree of risk saying in an election year—obviously, I aspire to swap places with the Minister by, say, this time next year—that this may come back with a degree of interest. In this place in general, we are getting better at pre-legislative scrutiny, but I do not think that has been the norm. Notwithstanding what the Minister said about post-legislative review, I do not think that we do that very well, certainly not in Parliament. In fact, it is largely something we do not do.

We are lawmakers, and the temptation to make law and fill the parliamentary time will always be there, but very rarely do we go back and ask of something we tried three to five years ago, “Did it work? And if it didn’t, why? Did we need to do more law? Was it right to have done this by regulation rather than primary legislation?” It could be that people like me, who by nature are perhaps more interventionist than other colleagues in the room, might think, “Perhaps that was the wrong time to intervene.” It is about all those things. I do think we do that process very well, because we basically do not do it at all.

I have a degree of confidence. I am grateful for what the Minister said about post-legislative review, but I suspect that will be more of a departmental and less of a public exercise. There is something about being willing to own our errors in our proceedings that is good for public confidence—when we are willing to do it. On that basis, I am happy to withdraw my amendment.

Similarly on amendment 59, what the Minister has offered in lieu on PACE code B is better than my proposal, so that is a very good deal indeed. On that basis, I am happy and willing not to press my amendment.

Perhaps the Minister, being a diligent student of Parliament, is saving his powder for the stand part debate, which is probably right given the gusto with which I entered the stand part debate during the debate on amendment 61. I really hope to hear in the stand part debate clarity from the Government that this is seen as a tightly-defined variation of the search warrant regime under a very tightly-defined set of circumstances. We have not yet heard that. We are about to debate the clause, and although I dare say we have covered most of it, so it may only be a short debate, we really need to hear that message.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Chris Philp]

We have touched on many of these issues already, so I will not speak at great length on clause 19 stand part. Suffice to say, our constituents expect the police always to follow up leads where they exist, particularly to retrieve stolen goods, whether mobile phones, e-bikes, cars or whatever it may be. As members of the public and as parliamentarians, we expect the police to always follow those leads. Just a few months ago, the police made a national commitment to do precisely that. An important part of that is the ability to retrieve stolen goods where their location is known or reasonably suspected. With technology now, many items—mobile phones, cars, and so on—have tracking devices, and the public are rightly frustrated if the police do not always follow them up.

This power enables the police to respond quickly to retrieve stolen goods where they have reasonable grounds to believe they know the location. Quite often, those stolen goods move very quickly indeed. For example, the thief may take them off to sell them, and therefore there is often not enough time to go through the process of getting a warrant. The police may want to act in a manner of minutes or hours. In investigatory principles, there is the concept of the “golden hour”, talked about by Chief Constable Andy Marsh, now chief executive of the College of Policing. That first hour is really important. Even the best magistrates court in the world will not be able to respond in an hour to authorise a warrant, but a phone call to an inspector can be done within that golden hour. That is why we are making these changes.

This is only one part of the police commitment to always follow all reasonable lines of inquiry. For completeness, I will mention the use of facial recognition technology. Where there is a photograph of somebody committing a crime on CCTV, Ring doorbell, dash cam, or someone’s phone, we expect the police to always run that through the facial recognition database, but that is a separate element of their commitment.

It is important to ensure these stolen items are recovered. It is more than irritating to our constituents when the police do not always follow them up. This legislation will give them the power to act quickly and decisively where needed, and I think it is balanced and proportionate. Historically, we have required warrants—unless the police are in pursuit of a particular individual, as we debated previously—but we think this strikes the right balance.

On the commitment the shadow Minister asked for around the scope of this provision, the circumstances in which this power can be used are clearly set out on the face of the Bill. I draw the attention of the Committee to clause 19(2); subsection (2) of proposed new section 26A of the Theft Act 1968, sets out very clearly when this power can be used. The conditions are that there are “reasonable grounds to believe” that, first,

“the specified items are stolen”,

secondly, that

“the specified items are on the specified premises”,

and thirdly, that

“it is not reasonably practicable to obtain a warrant…without frustrating or seriously prejudicing its purpose”

—that is, a concern that the goods may be moved on before a warrant can be obtained.

The scope of this power is very clearly defined on the face of the Bill, and I think strikes the right balance. The evidential test the police have to meet is that they have reasonable grounds to believe that those three things are met. The wording uses the formulation “and”, so it is not just that any one of them have to be met; all three have to cumulatively be met before the provisions of this clause are engaged. There is a very clear need for this provision, as it will help police to recover stolen goods. The public will welcome it, and it is very clearly defined in clause 19(2).

[Alex Norris]

Just briefly, what the Minister has said is in the Bill is welcome. I still think that a stronger signal on tightness may yet need to be furnished. The rubber will meet the road at subsection (2)(b) of proposed new section 26A—that the specified items are on the specified premises. If that was seen to be done on an intelligence basis or possibly a word-of-mouth basis, that might discomfort colleagues. The compelling case for this generally is the new and novel technology element. Nevertheless, we support the principle.

I will not labour the point any further, not least because the colleagues listed under that amendment are an admirable group, who I know will pursue the Minister on it. Never mess with people from Derbyshire, I suspect you might say, Mrs Latham. There may yet need to be a little more comfort given on this, but we do not object to the principle. The provision is important, and the public demand for it is there. We think it can be used effectively, so I will not encumber us any further.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clause 20

Suspension of internet protocol addresses and internet domain names

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to debate schedule 3.

--- Later in debate ---

[Chris Philp]

If illegal activity were taking place, which would include illegal gambling, then the provisions of the clause would apply. As to whether the Gambling Commission can make the application or whether it would have to be the police, to answer that question we will have to refer to schedule 3 on page 91 and look at the list of entities. The hon. Member will see that paragraph 12(2)(e) does include

“a member of staff of the Gambling Commission of at least the grade of executive director.”

Indeed, paragraph 12(1)(a)(v) also expressly references the Gambling Commission, so I hope that answers the question about the Gambling Commission’s powers. I obviously prepared that in advance, anticipating her question—as Members of the Committee could surely see!

That is very helpful and will strengthen our hand with overseas entities that might not respond to a polite request but are willing to act when there is a court order. I hope that is something that we can all get behind. It will help protect our constituents from online crime, particularly fraud, but other forms of illegal activity, including illegal gambling. I pay tribute to the hon. Member for Swansea East for her work combating gambling harm, which I saw at first hand during my time as Minister for technology and gambling a couple of years ago.

[Alex Norris]

Given the time left in this sitting, I thought there was a degree of optimism when the Minister stood up on a matter related to some degree to illegal gambling and thought it would be quick; I will try to bring my remarks in under the wire, but I may fail, when I assume I will be cut off in my prime.

Much of our discussions so far have had a digital and online dimension: the sale of knives and bladed articles, the posting of intimate images, the sale of stolen goods, and the digital online element of fraud. This is a very live, shape-shifting part of the debate. It was feature of the Online Safety Act 2023 discussions and is an important part of this Bill. Our basic principle is that we must give our police and broader enforcement agencies the best tools possible for them to stand half a chance of keeping up. This clause and schedule 3 fit with that approach and, as such, we support them.

For all the creative and direct uses that criminals can exploit modern technology with, there remains a basic staple: a website, a domain name and an IP address. That can be used in a variety of ways: selling illicit goods, selling stolen goods, pirating live events, pirating software or content, scamming or illegal gambling. It is right that enforcement agencies can close such sites down. Although this is a modern venture, I suspect it is today’s version of the 1975 classic Whac-A-Mole, as we chase scammers, fraudsters and thieves around the internet. I dare say that is frustrating but it is important for enforcement agencies to do.

The provisions in the schedule allow for the suspension of IP addresses and domain names for up to 12 months, following an application to a judge. In doing so, four criteria must be met. Three are relatively simple: condition 1 is that the address or domain name is being used for serious crime; condition 3 is that it is necessary and proportionate to shut the site down to prevent crime; and condition 4 is that the address or domain name would not be shut down by another route. The industry picture can be good, as the Minister says, but I do not think it is always good. That is the nature of the type of crime. We talked previously about pirating a premier league game—that would go pretty quickly. If the site is hosting an intimate image that was unlawfully obtained, that tends to take an awful lot longer, or indeed does not happen at all; that point has been debated.

Conditions 1, 3 and 4 seem clear to me, but I want to press the Minister on condition 2. That is met under four scenarios, although I believe the use of the word “or” means any one of the four scenarios, including,

“(a) that a UK person is using the IP address for purposes of serious crime”,

which is very similar, if not the same, as condition 1. The other scenarios are: (b)—that a UK person is a victim of the serious crime that the site or domain name is used for; (c)—that the IP address is being used for unlicensed gambling, which goes to the point made by my hon. Friend the Member for Swansea East; or (d) —the IP address is allocated to a device located in the UK. I think only one of those four tests needs to be met in order for condition 2 to be met. Given that (a) is essentially the same as condition 1, but with the proviso that the person is UK based, how does that operate in practice? Is that not a degree of duplication? The Minister can mull that one over while having his lunch.

I will move on to the heading

“Inclusion of non-disclosure requirements in suspension orders”.

As in the Bill, as part of a suspension order, a judge can require that the individual deprived of their domain name or IP address does not tell anyone that that has happened to them.