Criminal Law

Baroness McIntosh of Pickering Excerpts
Monday 10th November 2014

(10 years, 3 months ago)

Commons Chamber
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Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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I am mindful of the fact that my right hon. Friend has stressed the importance of the timetable—[Interruption.] I slipped out of the Chamber for one cup of tea; otherwise, I have been here for the duration of the debate. I hope that the hon. Member for Glasgow North West (John Robertson) will withdraw that remark. Will the Home Secretary explain what difference it would make if we postponed the debate from today to tomorrow or next week, given that we were promised a debate and a vote on these matters by 20 November?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend puts it very well. We said that we would bring this debate to the House and enable a vote to take place according to a particular timetable, and we have done so. We have introduced the measures in the form of regulations because these are the only ones that require transposing into UK legislation. It is absolutely clear what the legislative approach would be. I think that Members would be unwilling to accept any decision by the Government not to introduce the regulations or not to show Members before the 1 December cut-off date what those regulations would look like.

I have not been in this House for quite as long as some right hon. and hon. Members but it is clear to me that all hon. Members wanted an opportunity to stand up and put their arguments on a variety of matters, including the European arrest warrant. That option was open to Members tonight, but the shadow Home Secretary is saying that she wants to forget about the timetable and about our need to put the regulations before the House. Instead, she seems to be saying that the Government should not have brought the debate to the House, because she does not happen to think we have done it in the way she wanted. Well, that is not a position that I am willing to accept. I have made it clear why the regulations have been brought forward and why we feel it necessary to do so. We have debated the European arrest warrant and, had she not moved her motion, other Members would have been able to debate it as well. Her motion is not an attempt to ensure that the House has a proper debate. It is not an attempt to ensure that the House votes on these important measures. It is just an attempt to take away—

Child Abuse

Baroness McIntosh of Pickering Excerpts
Thursday 17th July 2014

(10 years, 6 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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Baroness May of Maidenhead Portrait Mrs May
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I can assure the hon. Gentleman that any information or evidence uncovered by the inquiry panel or the review of the Home Office’s operations that should go to the police will be passed on, as, indeed, it has been in the past.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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May I press the Home Secretary on the question of the breach of trust to which she referred earlier? She said that trust had been breached on a number of occasions. How can we prevent that from happening again? We must not lose sight of child abuse within families, and of how difficult it is to bring to public attention or prosecution.

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend has made a very important point. I think that people will have been deeply concerned, indeed shocked, to learn that the list of arrests undertaken by the National Crime Agency and forces which was announced yesterday included a number of people who had been in positions of trust—such as teachers and doctors—and whom others would naturally have assumed they could trust with their children. This is a very important issue, which is why we have a system of vetting people who will be working with children. Of course, we must also ensure that all those who employ people to work in such positions of trust are aware of their responsibilities.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts
Monday 27th January 2014

(11 years ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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No, I do not accept the hon. Gentleman’s premise. Labour Front Benchers often quote detection rates. Of course, we have seen the number of crimes fall, and that has an impact on the number of detections.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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Will my right hon. Friend join me in congratulating North Yorkshire police on further reducing crime by 5%? Does she also agree that local authorities have a useful role to play in reading the films from CCTV cameras and that that should continue on an ongoing basis?

Baroness May of Maidenhead Portrait Mrs May
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I thank my hon. Friend for her comment about the necessity of working with local authorities, which I think is absolutely imperative. The work that local authorities do in looking at images from CCTV cameras and working with the police on that is an important part of the picture of partnership working to reduce crime in the local area.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts
Thursday 12th December 2013

(11 years, 2 months ago)

Commons Chamber
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Helen Grant Portrait Mrs Grant
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I disagree completely with the hon. Lady about that. Funding of some £1 billion is being put into youth and community sport by this Government. We have also committed £450 million over the next three years to primary school sport. We are running the school games in which 16,000 schools are participating, to encourage children to engage in competitive sport. More people are doing sport than ever before. The school sport partnerships were very expensive, very bureaucratic and, sadly, failed, with only two out of five pupils competing in sport on a regular basis.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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May I welcome my hon. Friend’s focus on participation in sport for women between those ages? I think too much focus on competitiveness can put them off from engaging. Will she confirm that all sports are involved, including swimming, which I learned at that age, and it is something that I continue to pursue in my advanced years?

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts
Thursday 31st October 2013

(11 years, 3 months ago)

Commons Chamber
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Lord Vaizey of Didcot Portrait Mr Vaizey
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BT has not been given a bung. BT is a partner in the project that is delivering superfast broadband to 90% of the country, and we have found additional money to reach 95% of the country by 2017. The programme is going extremely well.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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What will my hon. Friend say to the 5% of those living in the hills, particularly farmers, who will not have access to superfast broadband by 2016? Will he implement the Select Committee report recommendation that they be given advance warning, so they can make alternative arrangements to those on offer from BT?

Lord Vaizey of Didcot Portrait Mr Vaizey
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As I have said repeatedly, it is up to local authorities to publish their local broadband plans and I am delighted, particularly after the Secretary of State wrote to them, that many have now done so. People in Wiltshire and Yorkshire will know where the project is rolling out.

Anti-Social Behaviour, Crime and Policing Bill

Baroness McIntosh of Pickering Excerpts
Monday 10th June 2013

(11 years, 8 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I note the hon. Gentleman’s remarks, and I also note the efforts of the CWU on this matter. Sadly, in recent years we have seen a number of serious injuries from dogs, not just to postal workers but to other individuals. That is why I am pleased that the Bill contains measures on dangerous dogs. The first stage is for the Bill to be supported in its progress through this House and the other place.

Parts 1 to 5 will ensure that the police, local authorities and others have a comprehensive set of fast, flexible and responsive powers to tackle the scourge of antisocial behaviour. We should not forget that much of what is labelled antisocial behaviour is in fact crime. Even low-level public order offences or criminal damage can be frightening and upsetting for victims, and can blight the appearance of a neighbourhood. If left unchecked, the cumulative impact of even a small number of repeat instances can have devastating consequences.

I would be the first to accept that legislation by and of itself is not the answer to antisocial behaviour. What is needed is for the police, councils, landlords and other agencies to work effectively together to address local problems before they get out of hand. In many cases, informal, non-statutory remedies can be used to nip a problem in the bud. There is clearly a need, however, for more formal powers. They need to be fit for purpose, quick and easy to use, effective at changing behaviours and capable of addressing the full spectrum of problems that can afflict communities. That does not describe the powers available under Labour’s legislation.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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Will my right hon. Friend explain that this is the first opportunity the House has had seriously to consider revising the Dangerous Dogs Act 1991, which was good legislation but has required some revision? For what reason have her Department and the Department for Environment, Food and Rural Affairs drawn back from the full consolidation of the legislation, as possibly initially considered?

Baroness May of Maidenhead Portrait Mrs May
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Many comments are made about the dangerous dogs legislation and its impact. It is right that we have looked simply at the area where we feel that more legislation is required. This is already a lengthy Bill covering several issues. Rather than trying to consolidate the existing legislation in this Bill, the important issue is filling in the gaps by addressing the powers that still need to be available to people.

The previous antisocial behaviour legislation provided a veritable alphabet soup of powers: the ASBI—antisocial behaviour injunction; the DBO—drinking banning order; the ISO—individual support orders; the DPPO—designated public places order; and of course the ASBO and many more. I am sure that each of the nine major pieces of antisocial behaviour law passed by the previous Administration was enacted with the best of intentions, but that piecemeal approach, with each new Bill responding to the latest manifestation of antisocial behaviour, has left practitioners with 19 separate powers. The result has been not effectiveness but confusion about which of those powers should and could be used in any particular case.

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Baroness McIntosh of Pickering Portrait Miss McIntosh
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When we were in opposition there was a clear understanding that antisocial behaviour orders were not up to the job, as my right hon. Friend has said. So that the House can have a clear understanding, can she explain the difference between dog control notices, which seem to operate so effectively in Scotland, and the notices that form part of this Bill?

Baroness May of Maidenhead Portrait Mrs May
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What I am trying to explain to the House is that the new orders and powers we are introducing in this legislation will make it possible to take the sort of effective action that can be taken under a dog control notice, albeit without having to introduce something that is specifically called a dog control notice, with limits around that. The flexibility will be there because we are introducing wider powers, but they can be used to address the specific issue of dangerous dogs and their behaviour.

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Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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It is an honour to follow the hon. Member for Bolton West (Julie Hilling). I congratulate her and pay tribute to her for the work she has done following the tragedy of her constituent, Jade Anderson. I was delighted to meet briefly Jade’s parents, Michael and Shirley, and I hope that this evening will bring some solace to them, as they see how widespread is the interest in the issue of irresponsible dog owners and dangerous dogs.

Our Environment, Food and Rural Affairs Committee has produced two reports that are relevant to this debate: the 7th report on “Dog Control and Welfare” and the Government response thereto; and, perhaps still more relevant, our 1st report on the “Draft Dangerous Dogs (Amendment) Bill”. I say in passing, if I may, that it is a matter of regret to the Select Committee and to those who submitted either oral or written evidence to our pre-legislative scrutiny that the Government published the Bill, particularly clauses 98 and 99, before we were able to publish our pre-legislative scrutiny. Normally, Select Committees meet at any time, including in the recess, but the one time when we are prohibited from meeting is during Prorogation. I pay tribute to those who sit with me, serving on the Committee, particularly those who helped us draft the reports and the witnesses who were able to respect a very tight timetable. Unfortunately, we were unable to draft the report before Prorogation, so our views were not taken into account when clauses 98 and 99 were published. That is obviously, as I say, a matter of regret.

Like other right hon. and hon. Members, I would like to take the opportunity to welcome the extension of the Bill to include attacks on private property, which I think will address the issues raised by the hon. Members for Bolton West and for Liverpool, Wavertree (Luciana Berger) who had two of the most tragic cases. It is important to rehearse here that since 2007 nine people have died as a result of dog attacks, of whom seven were children. The annual cost to the NHS of treating such injuries is around £3 million. During my first ever election campaign, I was bitten in a rather sensitive area at the top of my thigh by a dog of immense good taste. It went unreported because the dog was owned by a Conservative supporter, and I was not going to take the matter any further. Some eight attacks on assistance dogs and hundreds of livestock attacks happen each month. As we know, a number of communications and other workers are similarly attacked.

We said in our previous report in February that the Government’s belated proposals for improvement were woefully inadequate. The Bill’s proposals are welcome, but we say that they are limited in scope and fall short of providing a comprehensive and effective regime for tackling the increasing problem of out-of-control dogs. Strong measures to prevent attacks are conspicuously absent. I shall talk in a moment about the dog control notices.

What the hon. Member for Bolton West said earlier about the issue of resources must not go uncovered this evening. The administration of dog control notices in Scotland is immensely resource intensive; it is labour intensive, and I think that the Government should do some work on this issue in Committee before the Bill returns to the House on Report. Other areas that are resource intensive include dog control notices, the issue of stray dogs and dog welfare.

We welcome the extension of the provisions to deal with attacks on private property, which was the one loophole that we thought should be covered. We welcome, too, the extension to cover attacks on assistance dogs. We must recognise this evening, however, that the Government have wasted an opportunity to bring forward wider measures, giving a full and comprehensive review of all the laws applying in one consolidated piece of legislation.

The hon. Member for Bolton West regretted that the legislation would not cover attacks on all protected animals, and I would refer to livestock in that context. Many Members will have received representations from Battersea Dogs and Cats Home, which opposes breed-specific legislation and does not believe that clause 99 will offer the necessary solutions. It is also concerned about the replacement of dog control notices with public spaces protection orders.

I hope that the Minister will give a little more substance to what was said by the Home Secretary. She listed the six powers provided by the Bill, including the public protection order, the community protection order and the dispersal power, but I remain to be convinced that any sort of order will be specific enough. The evidence given to the Committee was very persuasive, suggesting that dog control notices are working effectively in Scotland, and I think that it behoves the Government to explain to the House why they have rejected them. Control notices are very specific, relating to specific dogs in specific areas, and I agree with the hon. Member for Bolton West and others that their retention might prevent future tragedies. If a dog appears to be out of control, we need to be able to bear down on its irresponsible owner. A dog will only behave as it has been taught to behave.

I disagree with the hon. Lady on just one issue. When dog licences existed, only 50% of owners bothered to purchase them. I fear that responsible owners will microchip their dogs but irresponsible owners will not, and that there will continue to be a drain on charities for that simple reason.

The Communication Workers Union considers part 7 to be a missed opportunity, believing that many of its workers need stronger protection. I urge the Minister to be honest with the House—I am sure that he will be nothing other than honest; that was a bad word to use. I urge him to be fulsome in explaining to the House in more detail why the Government have rejected dog control notices. As I have said, we have been persuaded that they are working well in part of the United Kingdom.

While we accept most of the Bill’s provisions, we reserve our right, as a Select Committee, to table amendments on Report if, having conducted pre-legislative scrutiny, we remain dissatisfied. The draft Bill is welcome as far as it goes in extending provision to attacks made by dangerous dogs anywhere, but we have expressed our reservations about the extent of the “householder case”, and I hope that the Minister will elaborate on that in his response. We would also welcome clarification of both the definition of an “assistance dog” and the new provisions relating to “fit and proper” dog owners.

We are disappointed that the Government have not taken account of the benefits to the public of meeting the expectations that the hon. Lady said had been raised, and the benefits to law enforcers of consolidating the myriad legislative measures on dog control and breeding. There have been many newspaper reports of attacks by dogs on other animals—not just other dogs but, in particular, horses—which are a real problem in the countryside. While we appreciate DEFRA’s concern about the need to retain remedies in both statute and common law, we are not convinced that consolidation would lead to a diminution of the range of legal options available. I believe that the bulk of the evidence given to the Committee demonstrated that a single unified Act would provide a clear and holistic set of measures for those who are given the task of enforcing dog legislation.

The Minister has his work cut out for him, and we shall monitor him very closely indeed.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts
Monday 25th March 2013

(11 years, 10 months ago)

Commons Chamber
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Damian Green Portrait Damian Green
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As I think the right hon. Gentleman knows, I am aware of some individual cases where there have been tragic events after the arrests of 17-year-olds. I assure him that we are keeping this under review.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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T6. Will the Home Secretary look favourably on a holistic approach to rural crime, so that illegal horse grazing and illegal fly tipping can be treated as what they truly are—rural crimes?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend raises an important point. In various parts of the country, there is real concern about the attention given to a number of issues that corporately come together under rural crime. I will certainly look at the specific issues she raised, but a number of police and crime commissioners were clear last year that they wanted to ensure that greater emphasis was put on rural crime, which blights many of our rural communities.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts
Thursday 14th February 2013

(12 years ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. We are short of time, but I want to accommodate the question on religious belief.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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8. What her plans are for equalities on the grounds of religious belief.

Maria Miller Portrait The Minister for Women and Equalities (Maria Miller)
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We will continue to support religious freedoms strongly. For example, the Government believe that people should be able to wear crosses openly at work, and we are pleased about the judgment of the European Court of Human Rights in the Eweida case. The right of people to manifest their religion or belief at work is a vital freedom.

Baroness McIntosh of Pickering Portrait Miss McIntosh
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What weight is accorded to religious beliefs in draft legislation such as the Marriage (Same Sex Couples) Bill? Should it not be equal, in the context of discrimination, to the weight accorded to gender?

Maria Miller Portrait Maria Miller
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My hon. Friend, who takes a keen interest in this issue, will know that religious freedom is guaranteed under article 9 of the European convention on human rights. However, just as it is right for people to be able to express their religious beliefs, people in this country have a right not to be discriminated against. The recent rulings in the European Court show that, in law, we have the balance about right.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts
Monday 7th January 2013

(12 years, 1 month ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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How many PCSOs should be employed by a particular police force is a decision that will be taken by that police force. The Metropolitan police force has indicated that it wants to change the number of PCSOs in order to increase the number of police constables it has available.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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Will the Home Secretary join me in paying tribute to the young police officer who sadly died on his way to an emergency call on Saturday? In recognising this tragic loss, will she also take the opportunity to recognise the role that rural police officers play in sparsely populated areas such as North Yorkshire?

Baroness May of Maidenhead Portrait Mrs May
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Yes, I indeed pay tribute to PC Andrew Bramma, who, as my hon. Friend said, died following a collision while answering an emergency call. Once again, this shows the dangers that our police officers face on a day-to-day basis. Our sympathies are with him, his family and his colleagues. I would also like to offer my sympathies to the family of PC Tony Sweeney, QPM, who died on 27 December after falling ill on his return from work. Our police officers bravely go about their duties day by day; we owe them a great debt.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts
Monday 7th November 2011

(13 years, 3 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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As I have said, police forces must make savings because we have to deal with the deficit, but they can do so in a way that protects front-line policing. There is no reason why there should be damage to the front line if they drive savings elsewhere. I have pointed out to the House before, and will do so again, that a third of human resources in police forces are not on the front line. Some 25,000 police officers are in back-room jobs. That is where police forces should begin.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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In making the police settlement and deploying the police’s forces, will the Minister ensure that rural police forces have an element of funding related to rurality and sparsity?

Lord Herbert of South Downs Portrait Nick Herbert
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We do ensure that, and I understand my hon. Friend’s concern about the issue. I will, in fact, be speaking about rural crime at an Association of Chief Police Officers conference later this week. It is important that we tackle such matters, and they will all be taken into account when we consider the specific allocations for police forces for the third and fourth years of the spending round.