Draft Licensing Act 2003 (Royal Wedding Licensing Hours) Order 2018

Carolyn Harris Excerpts

Monday 30th April 2018 General Committees

[Carolyn Harris (Swansea East) (Lab)]

It is a pleasure to serve under your wonderful chairmanship, Mr Owen. The wedding of Prince Harry and Meghan Markle on Saturday 19 May promises to be a wonderful occasion and an opportunity for the country to celebrate. I welcome the announcement that, during the celebration period, licensing hours will be extended. This is in line with similar extensions for other royal events, such as the wedding of the Duke and Duchess of Cambridge and the Queen’s diamond jubilee and 90th birthday.

My only concern—apart from the lack of an invitation—is the fact that the wedding coincides with the FA cup final between Manchester United and Chelsea. Although that will allow supporters to extend their celebrations or commiserations, consideration must be given to the problems that can arise in licensed venues and city centres throughout the country following such events, even with unextended licensing hours. We must therefore ensure that additional resources from our emergency services are employed on these days. We will need extra police, paramedics and first aid services to be available around the country to ensure that the festivities associated with both events can be enjoyed by everyone everywhere.

Although it would have been fantastic for us all to have received an invitation—I am keeping a beady eye on the post just in case—I am sure that we would all like to join together from afar in wishing Harry and Meghan a perfect day and a happy life together. We can do that by using the extended licensing hours to celebrate their marriage sensibly and safely, with the support of our amazing emergency services.

Oral Answers to Questions

Carolyn Harris Excerpts

Monday 16th April 2018 Commons Chamber

[Victoria Atkins]

We are very clear that we want to tackle the harm and exploitation that may result from prostitution. We want a strong evidence base to inform any changes that may or may not be made in future, and that is why we have commissioned this research. However, we are clear about the harm from prostitution and that enabling people who want to leave it must be accommodated.

[Carolyn Harris (Swansea East) (Lab)]

Many young girls are forced into selling their body as a result of being in coercive and controlling relationships. Prostitution is a form of violence against women and girls. What more can the Government do to protect victims from the harsh reality of this form of abuse?

[Victoria Atkins]

We are very clear that any such abuse is against the law. Indeed—this follows on from the previous question—we have awarded £650,000 to Merseyside police from the VAWG service transformation fund to provide services for sex workers who are the victims of, or at risk of, sexual and domestic violence and abuse, exploitation or human trafficking. We have provided £389,000 to organisations that help those who want to leave prostitution and sex work.

Misogyny as a Hate Crime

Carolyn Harris Excerpts

Wednesday 7th March 2018 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

May I say what a pleasure it is to serve under your chairmanship, Sir David? I congratulate my hon. Friend the Member for Great Grimsby (Melanie Onn) on securing this important debate, and all Members on the powerful words they have used. Unfortunately, I am not uncomfortable with the language used by the hon. Member for Paisley and Renfrewshire South (Mhairi Black), because I, too, am normalised to hearing such words, as most people are in society.

Like many others who have spoken, I share the view that crimes motivated by prejudice and hostility should always be considered to be hate crimes. In England and Wales, we see hate crime figures increasing year on year, but that is partly due to better recording and an upsurge in victims coming forward. In 2016-17, more than 80,000 incidents were recorded when victims were considered to have been targeted because of their race, religion, sexual orientation, disability or transgender identity.

What about the crimes committed as a result of hatred or prejudice against someone because of their gender? Surely sexual discrimination, violence against women and sexual objectification are all hate crimes. All too often, society and the legal system continue to trivialise such acts of abuse. There is a need for a long overdue change in the law so that misogynistic acts are treated as the serious hate crimes they actually are.

[Kirstene Hair (Angus) (Con)]

Will the hon. Lady join me in looking forward to the publication of Lord Bracadale’s review on hate crime legislation in Scotland, which is considering whether gender should be made a new category in hate crime?

[Carolyn Harris]

I welcome any information coming forward that helps us to hammer the point home.

The recent rise in cases of upskirting is a prime example of how these crimes are being played down. It is vital that such behaviour is seen for what it is. It is not a bit of fun or a harmless prank; it is humiliating for victims and a huge invasion of their privacy. It should be made illegal. [Interruption.] I apologise if I am echoing—that was me in stereo.

A recent sex discrimination law review by the Fawcett Society found that violence against women and girls is endemic in the UK, and it concluded that the legal system is failing these women and is in need of fundamental reform. The evidence it gathered is deeply disturbing, highlighting that incidents of violence, abuse and harassment of women are increasing while access to justice for victims remains poor.

The review’s recommendations outlined a need to change the law so that women can be confident in reporting crimes against them. Women who have been raped should not be forced to divulge their own sexual history. Laws on sexual harassment in the workplace need to be strengthened to protect women from third parties, customers and service users, as well as from colleagues. Breaches of domestic abuse orders should be classed as criminal offences, and the definition of “revenge porn” needs reviewing and strengthening.

Any incident motivated by—or perceived to be motivated by—prejudice should be considered a hate crime. I welcome the progress we have seen in our legal system in recent years on the detection, reporting and prosecution of hate crimes based on the five current centrally monitored strands of race, religion, sexual orientation, disability and transgender identity. However, that progress also highlights the glaring omission of criminal offences motivated by other characteristics such as age and appearance, and specifically gender-based crime.

On appearance, I personally have become the subject of abuse purely because I am of a larger size and some people probably think I wear garish clothes. I feel comfortable in myself and my appearance, but others seem to take pleasure in homing in on the fact that I am not a size 8. That is their problem, not mine.

Some forces have already started to take action. As we heard from my hon. Friend the Member for Ashfield (Gloria De Piero), in 2016 Nottinghamshire police extended its definition of hate crime to include misogynistic incidents for a two-month trial period. The success of that trial has not only seen it keep the trial in place but drawn interest from other forces around the country, including North Yorkshire police, who publicised in July 2017 its intention to record misogyny as a hate crime.

Despite that positive step forward, those local initiatives are just that—local, and not centrally monitored. We need amendments to existing legislation, or, at the very least, non-legislative changes to the list of centrally monitored hate crime characteristics to include sexual discrimination as the sixth strand. Misogyny is a hate crime. It is motivated by hostility, and it needs to be treated in exactly the same way as other hate crimes. It is now time for action, and time for victims to be given fair treatment.

Medical Cannabis

Carolyn Harris Excerpts

Tuesday 20th February 2018 Commons Chamber

[Mr Hurd]

I thank my hon. Friend. I totally respect his position. I should place it on record that the Under-Secretary of State for Health, my hon. Friend the Member for Winchester (Steve Brine), is sitting next to me, very much in listening mode.

I reassure my hon. Friend, and my right hon. Friend the Attorney General, who has made many representations to me on behalf of Alfie Dingley and his family, that there are clearly some special circumstances in this case that need to be respected. I have undertaken to meet the family, and I will do that as quickly as possible. I also undertake to explore every option within the current regulatory framework. I give that undertaking with sincerity.

I know my hon. Friend well enough to know that he will understand the importance of proceeding on the basis of evidence, particularly when it concerns the safety of drugs and of children. We have our position—he is right that it has been established for a long time—and it is supported by expert opinion. However, we are aware that the position is shifting in other countries, and we monitor that closely.

We are also aware that cannabis is an extremely complex substance, and the WHO quite rightly is looking at it from every angle to get an up-to-date view on its therapeutic use. We are monitoring all that closely. Our current regulatory position is what it is. However, I have undertaken to explore every option within the regulatory framework to see whether we can find a solution to this extremely emotive case.

[Carolyn Harris (Swansea East) (Lab)]

There has been a call to allow a licence for administering medical cannabis to Alfie Dingley, but the Government must thoroughly examine the evidence in this area—both the stated benefits and the supposed risks of medical cannabis. Our policies must always be based on evidence and not frightened of scary headlines or chasing favourable ones. Only in that way can the House come to an informed decision on the wider issues.

Alfie Dingley is a six-year-old boy whose life is blighted by epileptic fits, and it is understandable that his family want him to have whatever medication they feel will help him. They look to us as politicians to facilitate that, but we are constrained by laws. Members supportive of drug policy reform would like the Home Secretary to issue a licence so that Alfie can continue taking the medication, but the Home Office has responded that the drug

“cannot be practically prescribed, administered or supplied to the public”.

Cannabis use is illegal in this country—we do not dispute that. However, we need assurances from the Minister that all the evidence relating to Alfie’s case has been looked at and that all avenues of treatment are being considered. We need confidence that the Minister and his colleagues are doing everything in their power to ensure that Alfie has the best possible quality of life.

This case is the latest in a long line of prominent examples that have led to more calls for legislation to permit the medical use of cannabis. Is it now time for a review of the law, to look at how we can better support those living in chronic pain, those with long-term degenerative conditions and those in the final stages of life?

[Mr Hurd]

I agree with the hon. Lady that policy should be evidence-led, and I support entirely her point that we need to think very carefully about the implications and consequences of everything we do.

As I said in my statement, outside of research we would not issue licences for the personal consumption of cannabis because it is listed as a schedule 1 drug. However, as in the case of Sativex, the Home Office will consider issuing a licence to enable trials of any new medicine under schedule 1 to the Misuse of Drugs Regulations 2001, providing it complies with appropriate ethical approvals. I repeat that I personally undertake to explore every option within the existing regulations to see if we can find a solution.

Criminal Justice System: Adults with Autism

Carolyn Harris Excerpts

Tuesday 30th January 2018 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Cardiff West (Kevin Brennan) on securing this important debate.

Let us be clear. Autistic people are discriminated against in society as a whole, but especially in the criminal justice system. They can face discrimination when their autism is not readily apparent, or no help is offered. Where it is apparent, they are often treated differently or suspiciously. Autistic people without a learning disability are nine times more likely to die by suicide than the rest of the population. That figure is considerably high and shows the lack of understanding and awareness of the needs of people with autism.

On occasions when an autistic person comes to the attention of the police and other services, it is normally because their social and communication difficulties are misunderstood or they have not been given appropriate support. Autistic people can become extremely distressed in situations that they do not understand or when they are surrounded by noise and confusion. In such circumstances, their actions and behaviour can easily be misinterpreted and subsequent actions may escalate a situation.

The criminal justice system needs to reform and adapt in order to meet its fundamental human rights obligations to treat people fairly and equitably. The National Autistic Society developed its autism accreditation scheme for prison settings. Accreditation covers autism understanding training for prison staff such as guards, but is also more widely helping to make the prison environment more autism friendly. Accreditation should be extended to all prisons, all detention centres, all courts and all police stations, as well as to the probation service. The duty must be on the prisons and courts and their individual officers to ensure the fair treatment of those in contact with the criminal justice system. Individual officers could also be accredited. There should be a requirement for at least one key individual in central functions to be accredited: for example, duty sergeants or clerks of the court.

Accreditation recognises good practice, which helps ensure that people on the autistic spectrum get the extra support needed to adjust to life in prison, and extra support while they serve a sentence, or as they prepare for leaving prison. Without that support, autistic people may develop additional needs such as mental health problems or risky behaviour, and rehabilitation will be harder. Greater awareness and support will benefit autistic people as well as prison staff, police officers and managers in that area of work. Expert opinion is clear that autism sufferers need special and sensitive treatment, especially in a stressful criminal justice environment.

[Kevin Brennan]

I am grateful to my hon. Friend for the way she is responding to the debate. What she just said has triggered a thought, and I want to quote a comment made by someone in the professional standards department of the police service about the complaint by my constituent. It begins:

“I’ve read this several times and they just don’t get it do they”

and notes that my constituents “continue to maintain” that their son

“should have been ‘diverted’ prior to arrest. What utter rubbish!”

If that is the continuing attitude in the police, does my hon. Friend agree that we have a long way to go to get things right?

[Carolyn Harris]

We certainly do have a long way to go, and what my hon. Friends have said emphasises what we all know: we need to look at autism as a special consideration.

For many autistic people, prison means the system has failed. Work must be done with probation services and police forces to create a specification for autism accreditation in those settings. That will help to prevent autistic adults from entering the criminal justice system in the first place and it will certainly help with rehabilitation. More training and support must be given to initial responders to crime, including those working with witnesses and victims. Initial contact with the police will often come at a time of heightened anxiety, so it is important that the police know how to approach such a situation and how not to allow it to escalate.

[Thangam Debbonaire (Bristol West) (Lab)]

Does my hon. Friend agree that training for police officers in that situation would help them to prevent reoffending or revictimisation? I think that our colleagues in the police share the aim of reducing those things.

[Carolyn Harris]

It is certainly my experience, from talking to police officers, that they would appreciate training so that they could better understand the condition, and how to deal with autistic offenders. That understanding is vital for the criminal justice system. If we are to regard people with autism in a fair and equal way we must look at how we provide for their needs. I am sure that the Minister has listened to the wise words spoken by many colleagues today, and that he will offer us some hope that the Government will consider the issue and treat it with some urgency.

Draft Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017

Carolyn Harris Excerpts

Tuesday 23rd January 2018 General Committees

[Carolyn Harris (Swansea East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hosie. The Opposition welcome the measures, but it is no secret that we are not thrilled with the Government’s attitude to refugees, particularly unaccompanied child refugees. Our major issues of contention centre on the Dubs amendment, which, despite receiving cross-party support, has been restrictive and has not been implemented in the spirit in which it was introduced. When safe and legal routes are blocked for those children, they are left with terrible choices that often involve people traffickers. Those children have been identified as the most vulnerable in the world, and often include girls who are susceptible to sex traffickers. A number local authorities across Britain have repeatedly expressed their willingness to accept more child refugees, and every measure that allows them to do that is a positive step towards meeting our moral and legal responsibilities towards those children. The more councils that pitch in, the better. Local councils are of course the best placed to support refugees who arrive in the UK. These measures may assist, but they do not go far enough. The Government must do more to ensure that local authorities have the resources they need to meet their obligations.

Drug Consumption Rooms

Carolyn Harris Excerpts

Wednesday 17th January 2018 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

I congratulate the hon. Member for Inverclyde (Ronnie Cowan) on securing this important debate. I thank all hon. Members not just for their contribution, but for sticking with us through this very disturbed debate. I congratulate you, Ms Ryan, on steering the ship safely to the end.

The Opposition have made no secret of our disappointment in last year’s drug strategy. We waited nearly two years for it; frankly, we expected something more radical, more substantial and certainly with more funding. No amount of gloss can hide the significant problems with the approach to drugs policy that the Government have taken since taking power in 2010: it has been ideological and plagued with irresponsible cuts.

All the Members in the debate have expressed the truly shocking scale of the problem. The UK has the highest recorded level of mortality from drug use since records began. There are record numbers of deaths from morphine, heroin and cocaine use. There are more deaths from overdoses than from traffic accidents, and there is an ever-increasing incidence of HIV and hepatitis transmitted via unhygienic injecting.

Drug consumption rooms have operated in Europe for three decades, most notably in countries that have had greater success in reducing drug deaths than we have. Even if the Government are misguided and will not look at evidence from other countries, I would have thought that they would have taken the advice of their Advisory Council on the Misuse of Drugs. In 2016, in response to the unprecedented drug deaths, it recommended that the Government consider the introduction of drug consumption rooms. I believe the response was:

“It is for local areas in the UK to consider, with those responsible for law enforcement, how best to deliver services to meet their local population needs.”

I agree that the local authorities are best placed to deliver such services. However, when responsibility for alcohol and drug treatments was transferred from the NHS to local authorities in 2013, it signalled the most significant and problematic change to funding. Although I am not criticising our overstretched local authorities, the transfer of responsibility brought an end to the ring-fenced budget for drug treatment, resulting in a reduction of services.

In an ideal world, no-one would take those harmful substances, but we do not live in an ideal world. Therefore, we cannot base life or death decisions on ideology. We have to go with what works. If the evidence is clear that drug consumption rooms prevent overdose deaths and the spread of disease, we at least need to trial them. Glasgow was set to do that until it was blocked by the Government. The Member for Inverclyde secured the debate for the main purpose of calling for the devolution of drug legislation to Scotland, but the drugs problem is UK-wide and we need a UK-wide solution.

Like many, I am uncomfortable with the uncertainty we often find ourselves in when it comes to drugs and the law: legal highs, more widespread drug use, changes in legislation in other countries, decreased prosecutions for lesser drug offences and even festivals such as Glastonbury offering drug testing facilities. We have been sending mixed messages for far too long. We must address that before we are to move forward in a meaningful way.

The Opposition are clear: the ever-increasing spread of disease and record number of deaths from drug use are unacceptable. This must be dealt with as an urgent public health issue. The Government must take responsibility and they must review the legislation as a priority.

Oral Answers to Questions

Carolyn Harris Excerpts

Monday 8th January 2018 Commons Chamber

[Amber Rudd]

I thank my hon. Friend for that question. We are able to confirm that this year up to £450 million of new money is going to support the police, while another £50 million is going towards counter-terrorism policing. However, that does not mean that we want to slow down the pace of reform in any way, so we will work with the police to ensure that there are reforms to make them more efficient and better servants to the community so that everybody has a better service overall.

[Carolyn Harris (Swansea East) (Lab)]

Last week, Theodore Johnson, a serial killer and repeated domestic violence perpetrator, was sentenced to 26 years in prison for his crimes. However, despite the fact that two women are murdered every week, high-risk perpetrators such as Johnson face little intervention from statutory services. With less than 1% of perpetrators of domestic violence receiving any form of intervention, will the Minister reassure us that the Government will look urgently at innovative programmes such as Drive that challenge the behaviours of high-harm perpetrators?

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I thank the hon. Lady for her question and offer our condolences not only to the family of Angela Best, but to the families of Yvonne Johnson and Yvonne Bennett. The case shows how manipulative the most violent domestic abusers can be, and I join the hon. Lady in wanting to ensure that we treat perpetrators to try to stop the cycle of violence. With the hon. Member for Bristol West (Thangam Debbonaire), I had the pleasure of speaking at a recent event for Respect, which works with perpetrators, and the hon. Member for Swansea East (Carolyn Harris) is correct that we must look at perpetrators as well as, of course, at supporting victims.

Draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018 Draft Proceeds of crime Act 2002 (Cash Searches: Code of Practice) Order 2018 Draft Prceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018 Draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018

Carolyn Harris Excerpts

Monday 4th December 2017 General Committees

[Carolyn Harris (Swansea East) (Lab)]

Thank you, Ms Buck, for chairing the Committee. The Opposition generally support such measures, but with some reservations. We of course welcome any new provision to prosecute, prevent and seize the assets of criminals. However, amid continued cuts to public services, I am interested to hear exactly how the measures will be fully and robustly enforced. There have been staff cuts in literally every agency carrying out this work, from the police to Border Force, to revenue officers.

I remind the Minister of Labour’s argument that agencies involved in exercising civil recovery powers should have enough resources to do their job properly. He may recall that we requested a distinct and clear annual report, detailing the resources that are allocated to agencies strictly for carrying out the recovery powers. The Conservatives objected to that during the early stages of the Proceeds of Crime Act, on the grounds that the asset recovery incentivisation scheme would allow frontline agencies to keep 100% of the illicit value that they recover. In theory, the agencies could retain the total value recovered, but as was made clear by the Public Accounts Committee at the time in its progress review of confiscation orders and by the Home Affairs Committee in its review of POCA, the agencies’ recovery rates have been poor. Although the measures appear to convey greater powers to the agencies, there is no guarantee that they will improve their recovery rates. Given the failure to achieve that in recent Bills, we had hoped that these orders might go further.

We also note with concern that the said powers will be conferred on immigration officers. Although that makes sense in theory, will the Minister explain whether that includes agents of the state such as G4S and Serco? I remind the Government of the complete lack of trust in those agencies, following recent revelations in immigration detention centres, such as Brook House and Yarl’s Wood. If we cannot trust those individuals to deal with human beings professionally, that clearly indicates that we may not be able to trust them with other matters. Those matters aside, which we would appreciate the Minister’s assurances on, we will support the orders.

Draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018 Draft Proceeds of crime Act 2002 (Cash Searches: Code of Practice) Order 2018 Draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018 Draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018

Carolyn Harris Excerpts

Monday 4th December 2017 General Committees

[Carolyn Harris (Swansea East) (Lab)]

Thank you, Ms Buck, for chairing the Committee. The Opposition generally support such measures, but with some reservations. We of course welcome any new provision to prosecute, prevent and seize the assets of criminals. However, amid continued cuts to public services, I am interested to hear exactly how the measures will be fully and robustly enforced. There have been staff cuts in literally every agency carrying out this work, from the police to Border Force, to revenue officers.

I remind the Minister of Labour’s argument that agencies involved in exercising civil recovery powers should have enough resources to do their job properly. He may recall that we requested a distinct and clear annual report, detailing the resources that are allocated to agencies strictly for carrying out the recovery powers. The Conservatives objected to that during the early stages of the Proceeds of Crime Act, on the grounds that the asset recovery incentivisation scheme would allow frontline agencies to keep 100% of the illicit value that they recover. In theory, the agencies could retain the total value recovered, but as was made clear by the Public Accounts Committee at the time in its progress review of confiscation orders and by the Home Affairs Committee in its review of POCA, the agencies’ recovery rates have been poor. Although the measures appear to convey greater powers to the agencies, there is no guarantee that they will improve their recovery rates. Given the failure to achieve that in recent Bills, we had hoped that these orders might go further.

We also note with concern that the said powers will be conferred on immigration officers. Although that makes sense in theory, will the Minister explain whether that includes agents of the state such as G4S and Serco? I remind the Government of the complete lack of trust in those agencies, following recent revelations in immigration detention centres, such as Brook House and Yarl’s Wood. If we cannot trust those individuals to deal with human beings professionally, that clearly indicates that we may not be able to trust them with other matters. Those matters aside, which we would appreciate the Minister’s assurances on, we will support the orders.