Draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023

Chris Philp Excerpts

Thursday 30th November 2023 General Committees

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

I beg to move,

That the Committee has considered the draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023.

The order was laid before the House on 16 October. It is a pleasure, as always, to serve under your chairmanship, Mr Davies. Today’s debate follows yesterday’s on three instruments related to the National Security Act 2023, which were also laid on 16 October. My right hon. Friend the Minister for Security participated in that debate.

Section 66 of the Police and Criminal Evidence Act 1984 requires the Home Secretary to issue codes of practice governing the use of police powers. The revised and new codes of practice in the draft order ensure that codes are updated to reflect the provisions of the National Security Act 2023 and the Public Order Act 2023, which were passed by both Houses of Parliament earlier this year. As per section 67(4) of PACE, two separate consultations on the changes were carried out over the summer, one in relation to each of those Acts. The responses to the proposed changes to the PACE codes were generally positive, and the Government considered and incorporated suggestions for further amendments following the consultations. Full details are on the Government website.

Let me briefly outline the changes made by the draft order. The changes to PACE code A are required as a result of amendments to stop-and-search powers made in the Public Order Act 2023 and the Government’s commitment to streamlining stop-and-search guidance. Modifications to PACE code A are required to emphasise that the suspicion-led stop-and-search powers introduced in section 10 of the Public Order Act are also afforded the safeguards contained in code A. The suspicionless powers in section 11 of that Act authorise the police to stop and search individuals and vehicles to find objects made, adapted or intended to be used in connection with protest-related offences.

We are also changing PACE code A to include provisions to improve community relations and data collection, as currently found in the “best use of stop and search scheme” guidance. Communicating the use of suspicionless search powers, such as those in section 60 of the Criminal Justice and Public Order Act 1994 and section 11 of the Public Order Act 2023, where it is operationally beneficial to do so, and embedding a data collection requirement in the code will build on the existing trust and confidence measures taken between the police and the communities they serve. The changes proposed to PACE code A will include an updated start date for the serious violence reduction order pilot, which commenced in April this year, and update the ethnicity list found in annex B to reflect the latest categories in the 2021 census.

I turn to the other PACE codes that are amended or introduced in relation to the National Security Act. Amendments to PACE code A are required to govern how searches of individuals who are subject to prevention and investigation measures under part 2 of the Act should be carried out, and those changes mirror the existing provisions in code A for the equivalent terrorism measures. Amendments to code B, which cover search, seizure and retention powers, are required to account for the new search and seizure powers introduced by schedule 2 to the National Security Act. Again, those largely replicate the powers already contained in code B.

The changes to codes C and D make it clear that those codes do not apply to relevant provisions in the National Security Act or schedule 3 to the Counter-Terrorism and Border Security Act 2019, such as detention provisions. That is because separate codes, including the new PACE code I, deal with those provisions. PACE codes A and D are amended to exempt an officer from having to give their name in the case of inquiries linked to national security, for obvious reasons. That extends the approach currently taken towards terrorism investigations and provides a crucial change to protect the identities of police officers from hostile state actors who may seek to do them harm.

The changes to code H implement recommendations made by the independent reviewer of terrorism legislation—to whom I record my thanks—that the Government have accepted. They largely reflect amendments to section 41 of the Terrorism Act 2000 made through the recently passed National Security Act —for example, making it clear that time spent in detention under certain other detention powers will be accounted for when calculating the maximum period of detention.

Finally—always everyone’s favourite word in a speech I give—the order brings into operation a new PACE code I to govern the detention, treatment and questioning of individuals arrested under section 27 of the National Security Act. The code contains various operational procedural matters, such as how to arrange for an interpreter for the suspect if required, what information must be documented in the custody record, how to provide cautions and what to do with the detainee’s property on arrest. The code is based very closely on the existing PACE code H, which provides guidance for the detention and treatment of persons arrested under terrorism legislation.

It is worth noting that the changes to these codes are supported by counter-terrorism police and by the Crown Prosecution Service. The independent reviewer of terrorism legislation has also specifically supported the changes to code H. I hope I have made it clear from my remarks that the changes made by the order support and essentially implement primary legislation that has been agreed by Parliament. These revised codes promote the fundamental principles to be observed by the police, and help to preserve the effectiveness of, and public confidence in, the use of the police’s legislative powers. I hope that members of the Committee will therefore support these revisions to the PACE codes of practice. I commend the order to the Committee.

--- Later in debate ---

[Chris Philp]

I am not sure there is a great deal to add. I thank the shadow Minister for his constructive attitude towards these measures, which, as he said, are sensible and proportionate. I share his view that we do not want to repeat the debates we have had on the wider principles of stop and search, but, as he said, no doubt we will have further such debates in the future.

The shadow Minister asked about the consultation on the stop-and-search powers. Generally speaking, the consultation response was positive on the reference to communication about suspicionless stop and search—for example, under section 60. Clearly, the more that the police communicate, the better it is. The provisions strengthen the presumption in favour of public communication around the reasons for stop and search, although we are stopping short of compelling the police to communicate, because, on occasion, there may be sensitive operational reasons why they may not want to.

The codes were changed after the consultation to make sure that the language was consistent with the rest of the code, and that is important. Broadly speaking, as I said, the consultation responses were positive. Although these are not really germane to the codes, there are wider debates about disproportionality and so on. We will no doubt discuss that on a separate occasion, but I think the Chair may find me out of order if I engage in that debate this morning.

Question put and agreed to.

Criminal Justice Bill

Chris Philp Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

[Yvette Cooper]

My hon. Friend is absolutely right about the impact of shoplifting. If town centres do not feel safe, it is local businesses that are hit and can end up going under as a result, undermining local economies and putting off local residents who want to go shopping. Sometimes elderly residents, in particular, will simply not go into town anymore if they do not feel safe, and if they feel that laws are just not being enforced when they watch people leaving the shops with a big bag of goods stolen from the shelves and see nothing being done. It is just not good enough.

That is why my hon. Friend the Member for Nottingham North (Alex Norris) rightly called for stronger measures to tackle assaults on shop workers. The Government did finally agree, as a result of his campaigning, to an aggravated sentence for assaulting shop workers, but that is not enough. The whole point is to make it simpler for the police to take action and to send a clear message from Parliament to police that this is an offence we take immensely seriously. That is why Labour will be tabling amendments that reflect the campaigns by USDAW, the Co-op, Tesco, the British Retail Consortium and small convenience stores for a new law and tougher sentences for attacks on our shop workers. Everyone should have the right to work in safety and to live free from fear.

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

We do take retail theft and shoplifting very seriously and agree that more needs to be done, but may I draw the shadow Home Secretary’s attention, and that of the House, to the retail crime action plan, which the Government agreed with the National Police Chiefs’ Council just a few weeks ago? In that plan, the police commit to investigating reasonable lines of inquiry for all shoplifting cases, including running CCTV evidence through facial recognition software, attending the scene of a crime where that is necessary to gather evidence, where there has been an assault or where the offender has been detained, and using data analytics specifically to go after prolific offenders. All that is in addition to Project Pegasus, a joint project with retailers to go after serious and organised crime. I hope she will join me in welcoming the plan, which I believe will be very effective.

[Yvette Cooper]

I would gently say to the Minister that the fact that it is an announcement—

[Chris Philp]

It is a plan.

[Yvette Cooper]

It is a plan; it is not even an announcement of something that is going to happen. It is an announcement that there is a plan for the police to check CCTV when a theft has taken place. That just shows how bad things have got over the past 13 years. We welcome any work that is being done, including by the British Retail Consortium with the National Police Chiefs’ Council. However, the Government are not taking the action that they should be taking to underpin this. In particular, they are not changing the law either on assaults against shop workers or on the £200 limit, and neither are they supporting the neighbourhood police we need to do the work to deliver the plan. There are 10,000 fewer neighbourhood police and PCSOs on our streets and in our communities, and communities know that. It does not matter what the Policing Minister says or what figures he plucks from thin air: people know. They can see it. We all see it in our own towns in our own constituencies, and half the country now say they never see the police on the beat.

[Chris Philp]

Will the right hon. Lady give way?

[Yvette Cooper]

I will give way, because the Policing Minister is a glutton for punishment on this one.

[Chris Philp]

The shadow Home Secretary is very kind to give way. I am sorry that facts and figures get in the way of her argument but, as I said at oral questions yesterday, the neighbourhood policing figures that she keeps quoting are unintentionally misleading. Local policing numbers cover neighbourhood policing, emergency response and others. Since 2015, which is the year that she cites, those numbers have gone up from 61,000 to 67,000, and overall policing numbers are at record levels, at 149,566—3,500 higher than under the last Labour Government.

[Yvette Cooper]

This is the problem with the Policing Minister: he just thinks that the country has never had it so good on crime and policing. As far as the country is concerned, he is incredibly out of touch. That is not what is happening in towns and cities across the country. The idea that we can just merge neighbourhood policing and response teams, which are different things, shows that he simply does not understand the importance of neighbourhood policing or what it actually does.

Neighbourhood police are the teams who are located locally. They will not just be called off for a crisis at the other end of the borough, district or force area; they are the police officers who can deal with local crimes. They are not the officers who have to deal with rising levels of mental health crisis, which we know so many of the response units have to deal with. There has been a big shift away from neighbourhood policing and into response policing because the police are being reactive, dealing with crises that this Conservative Government have totally failed to prevent for 13 years.

The Government have demolished a lot of the prevention work and teamworking between neighbourhood officers and other agencies in local areas, and as a result the other response officers are having to pick up the pieces instead. The Policing Minister’s approach just shows why the Tories are failing after 13 years. It is not the answer.

UEFA Men's European Championship: Licensing Hours

Chris Philp Excerpts

Monday 27th November 2023 Written Statements

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

The UEFA Men’s European Championship will take place from 14 June to 14 July 2024.



I am pleased to launch a consultation on extending licensing hours in England and Wales for certain matches—specifically the semi-final and final—of the 2024 UEFA European Championship contingent on the England men’s national football team, the Wales men’s national football team and/or the Scotland men’s national football team playing in those matches. The consultation is aimed at members of the public, local licensing authorities, licensed premises, and other interested parties in England and Wales where these proposals apply.



The extension would ensure that licenced premises in England and Wales wishing to host a viewing of the match and potential post-match celebrations are able to do so.



The Government propose to make a licensing hours order under section 172 of the Licensing Act 2003 which would contingently extend opening hours on the days of the semi-final on 9 and/or 10 July and the final on14 July so that they would end at 01:00—for example, early in the morning after the matches have taken place rather than 23:00 on the day of the matches—for the sale of alcohol for consumption on the premises and the provision of regulated entertainment in licensed premises in England and Wales.



The extension would be contingent on England, Wales and/or Scotland reaching those stages of the championship and would not take effect should none of those teams reach those stages of the tournament. I am seeking to use a contingent order to ensure that there is sufficient time to publicly consult on the proposed extension and follow the required parliamentary procedure.



A copy of the consultation will be placed in the Libraries of both Houses and made available on www.gov.uk. The consultation will run until 19 February 2024.

[HCWS69]

Oral Answers to Questions

Chris Philp Excerpts

Monday 27th November 2023 Commons Chamber

[Peter Aldous (Waveney) (Con)]

12. What progress his Department has made on reviewing the police funding formula.

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

I thank my hon. Friend for his question. He is a tireless campaigner on this issue. I completely accept the need for a new police funding formula. We have been working on it extremely hard, with colleagues across government. I hope to have something further to say on the topic shortly, but in the meantime we are getting as much money as we can to frontline policing. This year, we have an extra £550 million going to frontline policing and £330 million going to support the police pay rise, which makes £880 million extra for policing this year.

[Peter Aldous]

I am most grateful to my right hon. Friend for that answer. Nevertheless, it is concerning that Suffolk police were promised draft proposals for the review back in January. I urge him to get those to our local force as quickly as possible and, in the meantime, to work with it to improve the number of out-of-court disposals, where better delivery will relieve pressure on those in the force, who are working incredibly hard.

[Chris Philp]

They are indeed working incredibly hard. I am delighted to tell the House that Suffolk police currently have 1,425 officers, which is more than at any time in their history, and they have that in common with England and Wales as a whole. I support what my hon. Friend said about out-of-court disposals, which have an important role to play, particularly in treating drug and alcohol addiction, and mental health issues. I will work with Suffolk and other forces to make sure that those are widely used.

[Imran Hussain (Bradford East) (Lab)]

Since 2010, neighbourhood policing, where officers are embedded in local communities, has been decimated, despite its huge advantages. We therefore desperately need the repeatedly promised reform of the police funding formula. However, one of the quickest ways in which the Government can get cash to police forces for neighbourhood policing is by reforming the Proceeds of Crime Act 2002 rules so that more of the money is handed to the police forces that confiscated it. Will the Minister meet me to discuss the matter further?

[Chris Philp]

I would be happy to discuss POCA with the hon. Gentleman and other colleagues. However, there is something of a definitional confusion on this question about neighbourhood policing, because there are local police officers who work on response teams and should be counted as well. In 2015, the year the Opposition keep referring to, there were 61,083 officers in local policing roles, whereas there are now 67,785. That is a much higher number, and overall we have a record number of officers across England and Wales—149,566. That is more than there ever were under the last Labour Government.

[Several hon. Members rose—]

--- Later in debate ---

[Jill Mortimer (Hartlepool) (Con)]

T3. Off-road bikes are a growing plague across Hartlepool, and my constituents face the danger of young men in balaclavas driving recklessly along our streets. Will my right hon. Friend commit to increasing the support for Cleveland police to tackle this nuisance, beyond the anonymous tip-off system? Will he also perhaps come to visit some of the excellent Conservative MPs in our region?

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

I would be delighted to do that, and I support her call. To achieve precisely the objectives my hon. Friend describes, from April next year—in just a few months—every police force in the country will receive substantial funding commitments to conduct antisocial behaviour hotspot patrols, including against the scourge of off-road biking that she mentions. In forces where pilot schemes have been tried, including those in Essex, Lancashire and Staffordshire, we have seen reductions in antisocial behaviour of up to 30%.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Home Secretary.

--- Later in debate ---

[Mick Whitley (Birkenhead) (Lab)]

T4.   The Home Secretary will be familiar with the invasive surveillance systems that authoritarian states such as Russia and China impose on their citizens. Is he comfortable with the Policing Minister’s push for similar live facial recognition systems to be used on innocent Brits, at a time when our colleagues in the European Parliament are legislating to abandon this technology?

[Chris Philp]

We should be clear that retrospective facial recognition puts hundreds, if not thousands, of criminals in prison. For example, it was used to catch a murderer who had killed somebody in a Coventry nightclub who was then identified using an image taken on a mobile phone. That is a murderer who would not be in prison but for the use of retrospective facial recognition.

Live facial recognition has been used extensively by two police forces and experimentally by two others, including by South Wales, which has an excellent Labour police and crime commissioner, Alun Michael, who has led the way in this area in a way that is safe and that respects privacy. Critically, if someone’s face is scanned and they are not on the wanted list, their details are deleted immediately, which I hope provides reassurance on the questions of privacy. Where it has been used, wanted people, including a wanted rapist and a wanted sex offender, have been apprehended who otherwise would have gone free. I would hope that the entire House can agree that catching wanted rapists is something that we can all get behind.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

T8. During the recent protests, we have seen politicians hounded out of their offices and even needing a police escort at a train station. What more can we do to ensure that people who make decisions are doing it fairly and not from intimidation?

--- Later in debate ---

[Kenny MacAskill (East Lothian) (Alba)]

T9. It is not simply the decibel level of fireworks that is causing an issue; police officers in Scotland have been coming under attack, with fireworks used as weapons. The Scottish Parliament has control over the sale of fireworks but not their manufacture, as they are classified as explosives. Will the Minister guarantee that steps will be taken to tighten things up in order to reduce the use of these weapons? Failing that, will he simply devolve the powers so that the Scottish Parliament can act, as it has done on air weapons and drink-driving?

[Chris Philp]

I thank the hon. Gentleman for that important point. The control of products is often a matter for the Department for Business and Trade, but since he has raised it at Home Office questions, I will happily take his point away and look into it carefully.

[Martin Vickers (Cleethorpes) (Con)]

As was referenced earlier, there is growing concern in the retail trade about increases in shoplifting and, in particular, violence against shop workers. Does the Minister agree that we need custodial sentences for persistent offenders?

[Chris Philp]

Persistent offenders should certainly get sent to prison. There is no question about that. Of course, it is now a statutory aggravating factor if the victim of an assault is a retail worker. We are concerned, though, about retail crime. We do not want to end up in the same place as some American cities, such as San Francisco, with out-of-control looting. We want a zero-tolerance approach. That is why just a few weeks ago we launched with police a retail crime action plan, which will see police always follow up evidence, including CCTV evidence and the use of facial recognition technology; always attend where necessary to investigate, or where someone has been assaulted; and particularly target prolific offenders and criminal gangs.

--- Later in debate ---

[Siobhan Baillie (Stroud) (Con)]

The award-winning Cotswold Canals Trust volunteers have had enough of antisocial behaviour such as graffiti, dog mess and worrying drug paraphernalia everywhere. It is ruining their hard work on the canal network and is putting them at risk. Part of our successful approach to trying to tackle it is getting CCTV down the canals. Will my right hon. Friend let us know what is happening with the safer streets funding? Police and crime commissioner Chris Nelson and I have made an application, and we are waiting to hear about it.

[Chris Philp]

A round of safer streets funding was distributed for the current financial year, and we will make an announcement shortly about the following financial year. More money will be available, and it will be up to police and crime commissioners to decide how they spend that money. We will also confirm shortly the roll-out of antisocial behaviour hotspot patrols across the entire country—across all 43 police forces in England and Wales. Where those have been trialled so far—in Essex, Staffordshire, Lancashire and elsewhere—we have seen 30% decreases in ASB. Pretty soon, that will be available in Gloucestershire as well.

[Madam Deputy Speaker (Dame Eleanor Laing)]

That concludes proceedings on questions.

Productivity in Policing

Chris Philp Excerpts

Monday 20th November 2023 Written Statements

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

I am pleased to announce the publication of the independent Policing Productivity Review.

In August 2022, the Home Office commissioned the National Police Chiefs’ Council (NPCC) to conduct an independent review of productivity in policing. The report was commissioned to provide clear, practical, and deliverable recommendations to improve efficiency and effectiveness across the functions of policing. I am happy to advise the House that the review team have now provided their report to the Home Office.

While we are still considering the recommendations made in the report, I am supportive of any efforts to identify opportunities to increase productivity within policing, reducing unnecessary burdens on police officers’ time and freeing up their time to do the frontline work of protecting the public and catching criminals.

The report has identified many opportunities for making improvements, both long and short-term, and the Home Office will now consider these recommendations in more detail, engaging with policing and other key stakeholders, as we prepare to give a full response in the New Year.

I am looking forward to working with policing to make the changes necessary to unlock the full potential of the opportunity provided by the review.

A copy of the Policing Productivity Review will be placed in the Libraries of both Houses and is available at www.gov.uk.

[HCWS45]

Tackling Crime and Antisocial Behaviour

Chris Philp Excerpts

Tuesday 14th November 2023 Written Statements

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

I am pleased to set out to the House the Government’s response to three consultations that have informed provisions in the Criminal Justice Bill that is being introduced in the House of Commons today.

Government response to the public consultation “Strengthening the law enforcement response to serious and organised crime”



The Home Office ran a public consultation from 24 January to 21 March 2023 that sought views on two legislative proposals to tackle serious and organised crime. Following the consultation, the Criminal Justice Bill will give effect to two legislative measures, as follows:



1. The creation of new offences to criminalise the importing, making, adapting, supplying, offering to supply and possession of specific articles for use in serious crime. These articles are:

vehicle concealments used to conceal goods and people;

templates used to 3D-print firearm components; and

pill presses.

2. Strengthening and improving the functioning of serious crime prevention orders (SCPOs) by:

increasing the number of bodies which can apply to the High Court for an SCPO in the absence of a conviction to include the National Crime Agency, the police, British Transport Police, Ministry of Defence Police, and HM Revenue and Customs;

empowering the Crown Court to issue an SCPO on acquittal;

introducing an express power to include electronic monitoring as a condition of an SCPO; and

prescribing a set of notification requirements for all SCPOs.

Law enforcement agencies frequently encounter articles that they suspect are being used in serious crime but which they are unable to act on under existing legislation. The Government must continue to give law enforcement agencies the tools and powers they need to disrupt and dismantle organised crime groups and those who knowingly enable them. These measures will help law enforcement agencies to frustrate the activities of the most harmful criminal groups operating in the UK. They will target the facilitators who support and profit from serious and organised crime, and improve our ability to manage and disrupt the highest harm offenders.



Government response to the consultation “Review of the Computer Misuse Act 1990”



It is essential that the UK has the right legislative framework to allow us to tackle the harms posed to our citizens, businesses and Government services online. As part of this, the Home Office initiated a review of the Computer Misuse Act 1990 (CMA), and a subsequent call for information and a public consultation. The consultation ran from 7 February to 6 April 2023.



We have been considering the information provided to us by that consultation and are now publishing the results. In summary, these are:



There was broad support for a new power to allow law enforcement agencies to take down domains and IP addresses especially in the event of non-compliance with a voluntary arrangement. However, several respondents argued that voluntary agreements should be used initially or there would be a risk that court-based routes would take primacy and organisations would only respond to takedowns and seizures under the statutory arrangements. After further engagement, we believe the voluntary arrangements will continue to be the primary route for action.

There was support for a power to allow a law enforcement agency to require the preservation of computer data, although several organisations did raise concerns that data storage is costly and that any long-term data storage requirements would impact on an organisation’s finances, reducing UK competitiveness.

There was less agreement on the proposal for a power to take action against a person possessing or using data obtained by another person through a CMA offence. This raised concerns with respondents. Some correspondents stated that harm would occur if an offence of copying data were to be created, as this would stop intelligence and law enforcement agencies from being able to proactively protect people from significant harm, and that there would be a lack of protection afforded to security researchers carrying out good faith security research.

The Criminal Justice Bill includes the necessary powers to enable law enforcement agencies to apply to the court for a domain name suspension order or an IP address suspension order.



When publishing the consultation, we also responded to three wider issues that arose in the call for information that ran previously in 2021. These related to the levels of sentencing, statutory defences to the CMA offences, and whether the UK has sufficient legislation to cover extraterritorial threats. We have been working with a range of partners on these since the consultation, including setting up a working group that includes law enforcement agencies, prosecutors, the cyber-security industry and system owners to consider in detail the issue of statutory defences. We will update Parliament on this wider work at the appropriate moment.



Government response to the consultation “Community Safety Partnerships review and anti-social behaviour powers”



The consultation on the community safety partnership review and antisocial behaviour powers ran from 27usb March to 22 May 2023, in support of the Government’s commitment to tackle crime and antisocial behaviour swiftly and robustly.



In March 2023, we launched a plan to crack down on antisocial behaviour, restoring people’s confidence that unacceptable behaviour will be quickly and visibly punished. We made a commitment to consult, via the community safety partnership review and antisocial behaviour powers consultation, on views about strengthening the powers used to tackle antisocial behaviour under the Anti-social Behaviour, Crime and Policing Act 2014. The majority of respondents flagged that expanded powers would help to tackle antisocial behaviour more effectively, allowing the relevant agencies to better resource and implement longer term strategies, and agreed that the proposed measures will help to provide agencies with the necessary confidence to use these powers more frequently and consistently. This consultation was informed, and its findings are supported, by Home Office Analysis and Insight (HOAI) research into police perceptions of ASB powers.



The consultation also tested proposals to strengthen the accountability of community safety partnerships. Community safety partnerships were introduced by the Crime and Disorder Act 1998 and bring together local partners to formulate and deliver strategies to reduce crime, disorder and antisocial behaviour in their communities.

Part two of the police and crime commissioner review, conducted by the Home Office in 2021, found that while the importance of local partnerships such as community safety partnerships was widely acknowledged, they were not being used as effectively as they could be, resulting in a recommendation that the Home Office undertake a full review of community safety partnerships across England and Wales: the community safety partnership review. It also found that police and crime commissioners were unclear of their role in the antisocial behaviour case review process and that there was a disconnect between police and crime commissioners police and crime plans and local antisocial behaviour strategies developed by community safety partnerships.



I am very pleased, therefore, to unveil a package of measures through the Criminal Justice Bill to strengthen the powers available to the police and other local agencies to tackle antisocial behaviour. The measures will also help to improve and clarify the ways in which community safety partnerships and police and crime commissioners work together, including by enhancing strategic alignment between community safety partnerships and police and crime commissioners to deliver more effective outcomes for the public in tackling crime and antisocial behaviour.



A copy of each of the Government responses is available on gov.uk and will be deposited in the Libraries of both Houses.

[HCWS32]

Metropolitan Police: Operational Independence

Chris Philp Excerpts

Thursday 9th November 2023 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

(Urgent Question): To ask the Home Secretary if she will make a statement on the operational independence of the Metropolitan police.

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

About a month ago, Hamas perpetrated a sickening terrorist attack in Israel, murdering 1,400 innocent people, often in horrific circumstances. About 200 people remain held hostage by Hamas, a terrorist organisation, and I am sure that the thoughts of the whole House are with those hostages today. We have also seen, in the United Kingdom, thousands of people demonstrating in recent weeks. Thanks to the tireless work of the police, those incidents have largely passed without significant incident. However, a number of arrests, now nearly 200, have been made, where people have committed disorder, racially aggravated crimes or assaults on police officers. It is right that police officers have acted robustly in those cases.

It is also right that the police are operationally independent of government. That is a fundamental principle of British policing, as the Prime Minister made clear yesterday. The Metropolitan police asked protesters to postpone their planned protest this weekend, but the request was refused. The Prime Minister met the commissioner yesterday to seek reassurances that remembrance events will be protected. Of course, remembrance events play a special part in this nation’s long and proud history, and it would be a grave insult if they were to be disrupted in any way. It is for the Metropolitan police to decide whether to apply to the Home Secretary to ban any march. As of this morning, no such application has been received, but the Home Secretary will, of course, carefully consider one should it be made. I reiterate that the police retain the confidence of the Prime Minister, Home Secretary and myself in using all the powers available to them, under terrorism legislation and public order legislation, to prevent criminality and disorder, and hate speech.

Let me say to the House that I have been contacted this morning repeatedly by members of the Jewish community who are deeply apprehensive about what this weekend may bring, and I want to put on record that we expect the police to protect those members of communities in London, including the Jewish community, who are feeling vulnerable this weekend. There are comprehensive powers in place to do that. Hate has no place on London’s streets and we expect the police to ensure that the laws are upheld. There are powers in place to deal with people spreading hate or deliberately raising tensions through harassment and abusive behaviour. The police can impose conditions on marches, as indeed they have done to prevent pro-Palestine protesters from approaching the Israeli embassy, to give one example. The police have also used section 60AA conditions to require people to remove face coverings, but the use of those powers is, of course, an operational matter for the Metropolitan Police Service.

This weekend should first and foremost be about remembering those who gave their lives in defence of this country. Any disruption to remembrance services would be completely unacceptable and an insult to their memory. I have confidence that the Metropolitan police and other police forces will ensure that this weekend passes off peacefully and without disruption.

[Yvette Cooper]

Where is the Home Secretary? She has sent the Policing Minister here to refuse to repeat her words. We have seen her words this morning; she has been attempting to rip up the operational independence of the police, attacking their impartiality in the crudest and most partisan of ways, deliberately undermining respect for the police at a sensitive time, when they have an important job to do, and deliberately seeking to create division around remembrance, which the Policing Minister rightly said should be a time for communities to come together and to pay our respects. She is deliberately inflaming community tensions in the most dangerous of ways. She is encouraging extremists on all sides, attacking the police when she should be backing them. It is highly irresponsible and dangerous, and no other Home Secretary would ever have done this.

Remembrance events are really important to all of us. Those events need to be protected. That is the job of the police: to enforce and respect the law, while maintaining public safety, tackling hate crime and extremism and respecting rights in law to peaceful protest. They have to follow the law and the evidence, whatever politicians think, not be the operational arm of the Home Secretary, because whether she likes it or not, that is the British tradition of policing and I, for one, am proud of it.

We know what she is up to—claiming homelessness is a lifestyle choice, picking fights with the police to get headlines—but the job of the Home Secretary is to keep the public safe, not run an endless Tory leadership campaign. Cabinet colleagues refuse to agree with her and former police chiefs are lining up to condemn her, so I have two questions: does this Government still believe in the operational independence of the police and how can they do so while this Home Secretary is in post? And did the Prime Minister and No. 10 agree to the content of the article? Either the Prime Minister has endorsed this or he is too weak to sack her. If he cannot get a grip on her conduct, it means he has given up on serious government, and he and the Home Secretary should both let someone else do the job.

[Chris Philp]

I thank the shadow Home Secretary for her questions, as always. She asked about where the Home Secretary is. It may have been wise to ask that privately rather than publicly, but she is with a close family member who is having a hospital operation this morning. I have the Home Secretary’s permission to say that to the House in the event that somebody raised it, as the shadow Home Secretary has done, so I am passing that message on to the House.

As we consider this topic, the House should keep in mind the fact that many of our fellow citizens are feeling deeply uneasy about what is going on in the middle east and the domestic repercussions. We have seen a spike in Islamophobic offences—there have been 21 arrests in the last four weeks for Islamophobic offences. We have seen a surge in antisemitic offences—there have been 98 arrests for antisemitic offences in the last four weeks.

I have been contacted this morning by members of the Jewish community who are deeply uneasy about what this weekend will bring. I do not think it is acceptable that our fellow citizens feel scared or uneasy walking about the streets of London. It is reasonable for politicians—the Prime Minister, the Home Secretary and others, including, I am sure, some on the Opposition Benches as well—to raise those concerns and make sure that the police are protecting those communities. It is not acceptable to have fear and hatred on our streets. Let that message go out from this House today.

In relation to the question about operational independence, yes, of course the Government resolutely back operational independence, as the Prime Minister made clear yesterday, after his meeting with the commissioner at No. 10. But the Prime Minister also said after that meeting that he would hold the commissioner to account, as politicians are supposed to do—police and crime commissioners, including the Mayor of London, as London’s PPC, do that, and so do we, as Members of Parliament. That is perfectly proper and perfectly right.

In terms of the approval process with No. 10, I am afraid I do not have any visibility on that at all, but let us keep in mind that we are seeing a humanitarian crisis unfolding in Gaza, there are 200 people being held hostage, some 1,400 people were slaughtered by terrorists and members of our own community are feeling scared this weekend. Let us keep that at the front of our minds, not party political point scoring.

[Sir Michael Ellis (Northampton North) (Con)]

Of course there is a principle of operational police independence, but I am concerned that the Metropolitan Police Commissioner keeps saying he has no powers to stop the march or arrest people in these marches. He certainly has powers under sections 3, 4 and 5 of the Public Order Act 1986 and under sections 1, 12 and 13 of the Terrorism Act 2000. Does my right hon. Friend agree that the commissioner’s predecessors certainly felt that they had the power to ban marches by the English Defence League in 2011 and 2012 under the same legislation that we are talking about now? Does he also agree that the Home Secretary has a power under section 40 of the Police Act 1996? That says that where the Home Secretary feels that the police are failing to exercise their discretion reasonably, she can demand special measures to take action herself.

[Chris Philp]

I thank my right hon. and learned Friend for his question. His knowledge of the law in this area, as in all areas, is immaculate. The commissioner does have powers under—I think—section I3 of the Public Order Act 1986 to ban marches in certain circumstances. As my right hon. and learned Friend says, it was last used about 11 years ago, so it is quite a rarely used power. It applies when the police think that they are unable to deal with disorder that may break out. That is quite a high threshold. The Metropolitan police have so far not made a request to the Home Secretary under that section, but, if they do so, it will be considered very carefully indeed.

As my right hon. and learned Friend said, the police have a wide range of powers that they have been exercising under anti-terrorism legislation. That legislation makes it an offence to glorify, promote and incite association with proscribed organisations, which of course includes Hamas. Section 18—I think—of the Public Order Act makes it an offence to use threats to incite racial hatred. There is a wide range of offences and they are being used. So far during these protests, 188 people have been arrested for hate crimes in relation to glorifying Hamas, inciting violence, and apparently praising the appalling terrorist atrocities that were committed, and we expect that wide-range of powers to continue to be used.

[Mr Speaker]

I call the SNP spokesperson.

[Chris Stephens (Glasgow South West) (SNP)]

Let me make it clear that the evils of antisemitism and Islamophobia should be condemned wherever we find them.

More than 2.5 million Muslims fought for the British Empire in world war two to assert freedom, liberty and an end to fascism in Europe, using war to end all wars and promote peace through armistice. The protest for peace is far from the Cenotaph and starts later that day. The grandson of Winston Churchill, Nicholas Soames, has defended the right of people to march. Does the Minister agree with him? Does he empathise with the contributions of Muslims for peace, then and now?

Armistice Day has turned into Armistice Weekend, and a lot of discussion is focused on the Palestinian ceasefire march, when the police are more concerned about counter-protests from the far right, such as the English Defence League, and football hooligans, such as Football Lads Alliance. Will the Government also be looking to cancel the 10 premier league games scheduled this weekend, or the Lord Mayor’s parade that overlaps the two-minute silence?

Finally, the former Met assistant commissioner said this morning that this is

“the end of operational independence in policing”

after the Government sought to pressure and exert control to ban Saturday’s peace march, saying that they are on the verge of behaving unconstitutionally. Does that not mean that the Home Secretary is unfit for office and should be sacked?

[Chris Philp]

As I have said very clearly, I do not agree with the suggestion that operational independence is in any way compromised. The Prime Minister made that clear following his meeting with the Metropolitan Police Commissioner yesterday. None the less, I think that politicians on both sides of the House—both Members of Parliament and police and crime commissioners—are entitled to comment on matters of public policy and public order, as they have done over recent years. I do not think that offering comments undermines operational independence, which, as has been quite rightly said, is a sacrosanct principle of our system.

The hon. Gentleman mentioned sentiment in the Muslim community in the United Kingdom. I am sure that, like me, he has met the community in his constituency. We understand, I am sure, that there is huge concern, not just in the Muslim community, but beyond, about the humanitarian crisis in Gaza. That is why this Government are providing additional aid. That is why they are calling for a humanitarian pause to allow aid to get in. That is why our Prime Minister has worked closely with others, including President Sisi of Egypt, to make sure the Rafah border crossing is open to allow aid in and certain citizens out. It is why our Prime Minister has renewed his public commitment to a durable, two-state solution. Those voices for peace are heard as well.

Let me repeat what I said at the start: operational independence of policing is a sacrosanct principle and this Government will not interfere with it.

[Theresa Villiers (Chipping Barnet) (Con)]

I know that the police are in a really difficult position, and that their powers to ban marches are constrained by law, but I have to say that I am deeply troubled by this march on Saturday. In all the many years that I have known the Jewish community, and in representing them in Chipping Barnet for 18 years, I have never known such fear and anxiety as I have seen over the past few weeks. Does the Minister agree that it is absolutely right that Members of this House and Ministers hold the police to account to insist that they deploy the full force of the law against any offences of hate crime and antisemitism at these protests?

[Chris Philp]

My right hon. Friend is a tireless campaigner for the Jewish community in Barnet and beyond. We of course expect the police to protect the Jewish community across London and across the whole country at a time when they feel deeply uneasy. In fact, describing the sentiment that the Jewish community are feeling as unease understates it; as I said earlier, I have received messages this morning from members of the Jewish community expressing fear about this weekend, and I will raise those fears with senior police officers later today to ensure that the Met are aware of them, and are policing that appropriately. There is no excuse for harassment. There is no excuse for inciting racial hatred. That has no place in a civilised country such as this one, and we will not let it happen.

[Mr Speaker]

I call the Chair of the Home Affairs Committee.

--- Later in debate ---

[Chris Philp]

I thank the right hon. Lady for the work of her Committee. I look forward to reading her report greatly. I will give it close attention, as I always do. Scrutiny of action by the police, or indeed any other public body, is not the same as interference. Scrutiny is healthy and appropriate; interference is a different thing entirely. There is a distinction between scrutiny and interference. The operational independence principle is not one that we plan to revisit, but we look forward to discussing these questions, both with the right hon. Lady’s Committee and in this House.

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

On this Home Secretary’s watch, every day 6,000 crimes across England and Wales go unsolved, so does she trust the police to do their job or not? If the purpose of her article was to say that she knows better than the commissioner of the Metropolitan police, she should say so—and she should say so here in this Chamber. If not, what possible motive could she have for seeking to undermine public confidence in the police in this way?

[Chris Philp]

We do have confidence in the police, but it is perfectly reasonable to scrutinise the police and hold them to account for their actions, as police and crime commissioners do every day, and as Members of this House do every day as well. In terms of confidence in policing more widely, according to the crime survey for England and Wales, on a like-for-like basis crime is now 54% lower than it was under the last Labour Government.

[Lilian Greenwood (Nottingham South) (Lab)]

This morning, a former chief constable of Durham warned that the storm being whipped up by the Home Secretary is diverting resources away from a very serious threat that might arise. Does the Minister not understand that the Home Secretary’s incendiary and inflammatory comments ahead of what will be a really complex and sensitive policing operation for the Met this weekend is making their job even harder? Is this not a deeply irresponsible way for a Home Secretary to behave?

[Chris Philp]

I do not accept the hon. Lady’s characterisation. The Home Secretary and other politicians on both sides of the House are perfectly entitled to hold policing to account, but of course this Government, as the Prime Minister said, accept—indeed, embrace—the principle of operational independence.

[Jon Trickett (Hemsworth) (Lab)]

We all know that many people will be on the march on Saturday. The organisers and participants have told me that they will be participating in ceremonies of remembrance and that their march has been organised in such a way that it will not impact on that. The truth is that the Government are attempting to draw the police into taking political sides in a very contentious matter in the country. There are millions of people who want a ceasefire. We are on a dangerous slippery slope, because the operational independence of the police to protect the right of assembly —the basic English right of liberty—is being challenged by the Home Secretary. She is not fit to hold that post, is she?

[Chris Philp]

I do not accept that characterisation. I am sure all of us—[Interruption.] Excuse me, Mr Speaker; I have a bit of a cold this morning. We all accept the right to protest, which, as the hon. Gentleman says, long predates the European convention on human rights. There are limits to that right concerning public order, incitement to racial hatred and so on, and it is for the police to police those laws, but it is reasonable for politicians to hold them to account for doing that, as many politicians on both sides quite rightly do.

[Sir Chris Bryant (Rhondda) (Lab)]

The fact that only two Conservative MPs have turned up to defend the Home Secretary shows that she has already lost the support of the House. The Minister is absolutely right when he says that there is no place for hate on our streets, but is not the truth of the matter that there is no place for hate in the Home Office either, and the problem with the present Home Secretary is that she is the person inciting hatred in this country? The Minister is right that it is perfectly fair for us to have scrutiny of the police, but that normally comes after an operational event, not before it. Is it not the case that this Home Secretary is really trying to command the police, which breaches every single understanding we have historically had of the operational independence of the police?

[Chris Philp]

I am slightly concerned that the hon. Gentleman said that there are only two Conservative Members in the House, when it is clear there are a great deal more than that—[Interruption.] Given his—

[Mr Speaker]

Order. I do not want to get into a tizzy about counts. I will help with a little clarification: there are more Conservative Members here, but only two have spoken. I think that was the point.

[Chris Philp]

That was not quite how it came across from the hon. Gentleman’s comment, but I will move on—

[Mr Speaker]

Order. We all have a judgment, and I have made mine.

[Chris Philp]

Which of course I accept without hesitation or reservation, as I always do.

I agree that hatred has no place on our streets and I have said that repeatedly, but this is an unfolding event. The hon. Gentleman talked about what happens after the event, but these protests have been going on for four weeks now. The Home Secretary was not commenting entirely before the events; she was also commenting after events that have been unfolding over the last four weeks, which have included 188 arrests and a number of communities, both Muslim and Jewish, but particularly the Jewish community, feeling very uneasy. It is reasonable for the Home Secretary to try to ensure that communities feel safe and protected, and that is what she was trying to do.

[Ian Paisley (North Antrim) (DUP)]

When women were treated brutally and unjustly by the Metropolitan police in this city in the wake of the Sarah Everard murder, Members came, correctly, to criticise the police, inside this House and out, for their failure and for their brutality. I remember people on the Opposition Benches calling on the Government to be more brutal on the police at that point. The hand-wringing hypocrisy and the pant-wetting that we are seeing over someone correctly criticising the police is amazing. I have witnessed Irish nationalists and republicans, who the Home Secretary referred to in her article, running too quickly to the support of Hamas, to Colombian terrorists, to Hezbollah and a whole host of others. The Home Secretary is correct to call that out and to say it as she sees it, and this House is right to back her.

[Chris Philp]

I thank the hon. Gentleman for his words. He is right to point out those examples where Members of this House, particularly on the Opposition Benches, have in the past criticised the police. No one on those occasions claimed that those criticisms impinged on the operational independence of the police; they were simply holding the police to account, as politicians on both sides are entitled to do. I am grateful to him for reminding the House of those previous occasions when Opposition Members have exercised their prerogative to hold the police to account.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I am thinking of the number of times I have spoken to criticise and call out the police for their behaviour in things that they have got wrong, but we are seeing the Home Secretary blatantly interfering with the operational day-to-day decisions of the police. We have to call that out; the police have to be independent. I have lost count of the number of people our Home Secretary has demonised, be they LGBT people, homeless people or minorities. Why? Why is there so much hate spewing from her? The organisers of the march have said that it does not coincide with Remembrance Day. Will the Minister correct that and stop conflating the two issues?

[Chris Philp]

I do not accept the hon. Lady’s characterisation; it is both unfair and unintentionally inaccurate. There are all kinds of risks that the police will have to manage on Saturday if the march goes ahead, including the risk that groups break away, which did in fact happen last Saturday—a group broke away and ended up in Trafalgar Square, where they set off fireworks, and 11 police officers were assaulted. Those are the kinds of risks that will have to be managed by the police on Saturday. That is not an easy job, but I am sure that the police have the House’s full support in doing it.

[Samantha Dixon (City of Chester) (Lab)]

The shadow Home Secretary’s question was whether the Minister could confirm that the Home Secretary’s intervention to undermine the operational independence of the police was signed off through the normal No. 10 process and therefore has the support of the Prime Minister. The Minister said that he has no sight of that, so what will he do to furnish the House with an answer to that question?

[Chris Philp]

I am afraid that communications between other Members of the Government are not a matter for me. I am responsible for policing, delivering record police numbers and falling crime. That is my job and I am doing it.

[Jeff Smith (Manchester, Withington) (Lab)]

Does the Minister agree with the Home Secretary that

“senior police officers play favourites when it comes to protesters”?

--- Later in debate ---

[Chris Philp]

It is up to the police to apply the law. It is important that the police apply the law even-handedly, and that is what I am sure all Members of the House want them to do.

[Rachel Hopkins (Luton South) (Lab)]

Words matter, so in the Home Secretary’s absence, can the Minister explain in what way protest marches in the UK relating to Israel and Gaza are “disturbingly reminiscent of Ulster”, and does he agree?

[Chris Philp]

That is not directly germane to the protests on Saturday. We have seen all kinds of protests in Ulster over the years—dissident Republicans among others. What we need to do is ensure that London’s streets are safe, and that we do not have an atmosphere of fear or intimidation, and that is what we expect the police to deliver.

Oral Answers to Questions

Chris Philp Excerpts

Monday 18th September 2023 Commons Chamber

[Steve Tuckwell (Uxbridge and South Ruislip) (Con)]

4. What steps she is taking to increase police resources.

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

I am sure that the whole House will join me in sending our very sincere condolences to the family of Sergeant Graham Saville, who a week or two ago so tragically lost his life in the line of duty, saving another in the constituency of my right hon. Friend the Member for Newark (Robert Jenrick). Our thoughts and prayers are with his family. He made the ultimate sacrifice, and we are grateful to him.

To answer my hon. Friends’ questions, total police funding this year stands at £17.2 billion, a record level. Frontline policing received an extra £550 million this year compared with last year, and I am pleased to report once again that we have a record number of police officers across England and Wales: 149,566, which is 3,500 more than we ever had under the last Labour Government.

[Paul Howell]

As always, the devil is in the detail. In Durham, we see funding pressure on both police and fire services, which is not helped by our local tax base being so low: we have A to C in most regions. The fire service has a coherent—albeit very challenged—programme, but the Labour police and crime commissioner knew 10 years ago that Newton Aycliffe police station was going to be moved away from the fire station, and she is still scrambling around. Does the Minister agree that good plans help cost-effective delivery, and will he meet me to discuss funding and programme delivery for the police and fire services in Durham that cover my Sedgefield constituency? Does he also agree that electing Robert Potts, the Conservative candidate for the next PCC elections in May, would be a far better outcome for the police in Durham?

[Chris Philp]

I will certainly meet with my hon. Friend, and yes, I do agree. I am very disappointed to hear what he has to say about his Labour PCC’s performance, which contrasts with what Conservative PCCs have done. Only today, PCC Donna Jones in Hampshire announced that she would be opening 10 new police counters, an example of what happens when we have sound Conservative policies in operation.

[Steve Tuckwell]

My right hon. Friend will recall his recent visit to Uxbridge. Will he join me in calling for the Mayor of London to guarantee the future of Uxbridge police station as fully operational, including a full custody suite and a 24/7 front counter for my constituents?

[Chris Philp]

I welcome my hon. Friend to his very well-deserved place. Of course, the Mayor of London, Sadiq Khan, had planned to close down Uxbridge police station, along with many others, until my hon. Friend forced him into a humiliating U-turn before he was even elected—that is more than most of us achieved prior to coming to Parliament. I join him in calling on the Mayor of London to keep Uxbridge police station open and to add that custody suite, but also to confirm the future of all those other police stations around London that he had threatened to close just a few years ago.

[Holly Lynch (Halifax) (Lab)]

In my constituency, we have experienced a real escalation in antisocial behaviour and quite violent disorder in recent years, particularly around bonfire night. Last year, police had to deploy 100 officers to just one area of my constituency where local communities were being terrorised. What consideration has the Minister made of additional powers or resources for areas up and down the country that are anticipating further unacceptable disorder ahead of this year’s bonfire night?

[Chris Philp]

The hon. Lady is quite right to raise this issue. Antisocial behaviour concerns everyone. There are a number of powers available to local police, such as community protection notices, and to local authorities—I am thinking in particular of public space protection orders—so I strongly urge her to work with her local authority and, if she is concerned about a particular area, to put in place a public space protection order ahead of bonfire night. Our antisocial behaviour plan envisages strengthening various antisocial behaviour powers. As of next April, we will also be funding every single police force in the country to have antisocial behaviour hotspot patrols. I am not sure whether her force is one of the 10 pilot areas, but every force will have that funding from next April, and the sort of situation that she describes sounds like the ideal use for those ASB hotspot patrols.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

The same shops and newsagents on Kilburn High Road in my constituency are constantly targeted by criminals, who shoplift but also intimidate staff. When I raised the issue with the police, they said they receive 1,000 calls a day from central north London alone, limiting their ability to deal with it. What plans does the Minister have to increase the resources to deal with this sort of crime, especially retail theft?

[Chris Philp]

I strongly sympathise with those affected by shoplifting on Kilburn High Road. I was the prospective parliamentary candidate in that constituency in 2010, and I remember walking down Kilburn High Road with Dominic Grieve when a shoplifter ran out of Poundland and straight into our arms. It is a serious issue. The Metropolitan police has a record number of police officers—about 35,000—and I have recently been in discussions with Amanda Blakeman, the National Police Chiefs’ Council lead, to increase patrolling in shoplifting hotspot areas and to have a more comprehensive response from the police in terms of investigation, such as always following up CCTV footage where it is available. This is an issue not just on Kilburn High Road but around the country. As I say, we will shortly announce further action, in partnership with police.

[Patrick Grady (Glasgow North) (SNP)]

3. Whether she has had discussions with Cabinet colleagues and the Scottish Government on further devolution of drugs policy to Scotland.

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

I have not had discussions on the devolution of drugs policy, which is of course reserved to this Parliament, but I do have regular discussions about co-operating with colleagues in the Scottish Government. I had a discussion with the new Minister just a few weeks ago, and I think we are going to be meeting in Cardiff in just a few weeks’ time with Ministers from the three devolved Administrations to discuss how we can work constructively and collaboratively together.

[Patrick Grady]

The Minister will know that the Lord Advocate in Scotland has issued a prosecution statement saying that she will not prosecute anyone in possession of controlled substances in any pilot safe consumption or overdose prevention facility that might be established in Scotland. Can he confirm what the Secretary of State for Scotland indicated in the House last week—that the UK Government will not seek to use any administrative or legislative means to frustrate or block the establishment of such a pilot facility?

[Chris Philp]

First, it is important to make it clear that the UK Government’s position on drug consumption rooms in England and Wales is that we do not support them. We are concerned that they condone or even encourage illegal drug use. I want to put that on the record straightaway. Of course, we respect the independence of the Lord Advocate as Scotland’s prosecutorial authority. Providing that that power is exercised lawfully, of course we are not going to stand in the way of it, as my right hon. Friend the Scottish Secretary set out last week. I understand that plans may involve a strong integration with treatment and some consideration of each case on its individual merits, but we do not plan to interfere with the lawfully exercised prosecutorial independence of the Lord Advocate.

[Mr Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

I am glad to hear what the drugs Minister says. The Home Affairs Committee’s report on drugs highlighted good practice in Scotland, in particular with the naloxone roll-out and the medication assisted treatment standards for same-day treatment. Academic evaluation has also found our enhanced drug treatment service, Scotland’s only heroin-assisted treatment service, to have been successfully implemented, in particular with a group with very complex backgrounds. Will the Minister visit Glasgow to hear more about what Scotland is doing to reduce harm and save lives?

[Chris Philp]

As I said to the hon. Lady at the Bar of the House last week, I am due to be in Edinburgh in early December, so I would be delighted to accept her invitation to visit the facility in Glasgow.

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

5. What steps her Department is taking to reduce knife crime.

[Nicola Richards (West Bromwich East) (Con)]

13. What steps her Department is taking to reduce knife crime.

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

This Government are determined to fight knife crime. We have invested over £110 million in 2023-24 to fight knife crime, including investing in 20 violence reduction units, and funding hotspot policing in the most seriously affected areas.

[Mr French]

I welcome the news that the Government are seeking to close the legal loopholes around the sale of so-called zombie knives, but does my right hon. Friend agree that stop and search and the like are powerful tools for the police to get knives off the street and to save lives? Will he also look closely at scan and search to help to detect such weapons?

[Chris Philp]

My hon. Friend is quite right that we are looking to tighten the law. The Offensive Weapons Act 2019 contains a loophole, essentially, which means zombie knives without threatening writing on the blade are not illegal. We are going to close that loophole. I agree with him that stop and search is a vital tactic to keep our streets safe when used, of course, respectfully. The Metropolitan Police Commissioner tells me that about 400 knives are taken off the streets every month using stop and search in London alone, so it is an important power. I also agree with my hon. Friend’s second point. The use of scanning technology has the huge potential to enable officers to scan people for knives at a distance without having to physically stop them and search them manually. The technology is not ready to deploy just yet, but I hope it will be in the relatively near future.

[Nicola Richards]

In 2021, two police officers were attacked with machetes in West Bromwich town centre. In the same year, a 19-year-old boy was stabbed and killed in Great Barr. In 2022, a teenager from my constituency was stabbed on his way to college in Birmingham. While the Minister said we have already banned the sale of zombie knives, that has not stopped people purchasing these dangerous weapons, so I thank the Government for taking the next steps to close the loophole. Will this change be brought forward as soon as possible?

[Chris Philp]

The change certainly will happen as soon as possible. Some of it requires primary legislation, but other elements require secondary legislation, and we are definitely going to do that as soon as we can. As for the sale of these knives, once the Online Safety Bill passes Parliament—I hope very soon—the sale of these knives via online marketplaces such as Facebook Marketplace and Amazon will also be prohibited, addressing my hon. Friend’s point about sales.

[Andrew Gwynne (Denton and Reddish) (Lab)]

We absolutely do need to get a grip on knife crime, which is up by 70% since 2015 alone. Is the Minister content with the fact that only 5% of crimes of violence against the person actually make it to court? If he is not, what is he doing about it?

[Chris Philp]

On the crime statistics, the Crime Survey of England and Wales is the only long-term data series endorsed by the Office for National Statistics. Since the hon. Gentleman asked about data, since 2010—just to pick a date arbitrarily—violence is down by 46%. That is to say, violent crimes were double under the last Labour Government compared with now. Knife-enabled crime was 7% lower in the latest year compared with the year ending December 2019, according to police recorded crime. But we would like to do more, hence the “Grip” hotspot patrols, hence criminalising these remaining zombie knives.

To actually answer the hon. Gentleman’s question, I want that figure for prosecutions be higher, and that is why the Home Secretary and I, together with policing leads, the College of Policing and the National Police Chiefs’ Council, announced two or three weeks ago that the police are now committing to always follow all reasonable lines of inquiry where they exist.

[Mr Speaker]

Order. I love the full answers, but I am really struggling to get even part-way down the Order Paper.

[Chris Philp]

I will try to be brief. We have violence reduction units designed to provide those activities. We are also funding research. We have a social media hub in the Met police that monitors social media—it is based in Lambeth, and I have been to it. The things that the hon. Gentleman asks for are being done, because it is essential that we tackle knife crime.

[Mr Speaker]

I call the shadow Minister.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Rapes at knifepoint are at a record high this year. The number of cases has more than doubled since 2015. I am currently supporting a case of a woman violently raped using weapons, and the detective on the case told me that he is the only detective in his team working on serious sexual violence. The Police Foundation describes the current number of detectives as a “chronic shortage”, highlighting a staggering 7,000 vacancies. Is it any wonder that there has been a 60% drop in the overall proportion of crimes being charged since 2015, including almost 1 million violent crimes and 36,000 rapes? The Labour party has proposed requiring all police forces to have a scheme that directly recruits detectives with relevant professional backgrounds, so what are the Government doing about this chronic shortage of detectives and the abysmal charge rate that they preside over?

[Chris Philp]

The rape charge rate is a serious matter, and Operation Soteria Bluestone, which the hon. Lady will be familiar with, has been rolled out around the country under the supervision of the safeguarding Minister, my hon. Friend the Member for Derbyshire Dales (Miss Dines). In the forces that adopted that measure early, rape charge rates dramatically increased by two to three times. As that rolls out around the country, those charge rates will increase, but we would like to go further.

On the question of specialist trained officers, now that we have record numbers of officers across England and Wales as a whole, we will be targeting individual forces with training and recruiting a specified number of specialist officers to make sure that those people are in place to properly investigate these issues, because we want to do a lot more in this area.

[Kate Hollern (Blackburn) (Lab)]

6. What recent discussions she has had with the Secretary of State for Justice on the adequacy of compensation for police officers injured in the course of their duties.

[Ruth Jones (Newport West) (Lab)]

16. What recent discussions she has had with the Secretary of State for Justice on the adequacy of compensation for police officers injured in the course of their duties.

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

The police injury benefit scheme provides ongoing and one-off payments to former police officers who have been injured or disabled in the line of duty.

[Kate Hollern]

I was recently shocked to discover that police officers are entitled to official compensation only if they are injured while taking an exceptional risk, and a risk is considered exceptional only if it would not normally be expected. That sounds strange, does it not? With more than 40,000 assaults against police in the past year, and many officers ineligible for injury compensation because of that rule, does the Home Secretary agree that these guidelines effectively normalise violence against police and must be changed?

[Chris Philp]

We certainly do not want to see violence against police normalised. That is why we legislated to double the maximum sentence for assaults against emergency workers just a year or two ago. My understanding is that the payments under the police injury benefit scheme can go up to 85% of salary, but since the hon. Lady has raised the point, I will take a look at it.

[Ruth Jones]

Over recent years, a number of police officers have tragically died in the line of duty, and I acknowledge the service of PC Nicola Hughes, PC Fiona Bone and Sergeant Graham Saville. Labour has supported calls for a posthumous medal for fallen officers. Why will the Minister not do the right thing and acknowledge those who gave their lives to keep us safe?

[Chris Philp]

We do acknowledge that, and it may well be that posthumous awards are made. We obviously do not comment on individual cases and potential awards prior to their being made, but if I say that I strongly sympathise with what the hon. Lady just said, I think she will understand what I mean.

[Nick Fletcher (Don Valley) (Con)]

7. What steps she is taking to reduce crime.

--- Later in debate ---

[Andrew Selous (South West Bedfordshire) (Con)]

8. What recent guidance she has issued to the police on apprehending illegal motorcyclists.

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

The illegal use of motorcycles can cause distress and be dangerous to the public. The police have all the powers they need to police that, and such use of motorcycles is illegal. The College of Policing’s authorised professional practice provides advice to the operationally independent chief constables, whom I urge to use their powers to the full.

[Andrew Selous]

Dangerous motorcyclists are out of control in my area. We have had one death and one life-threatening injury. We now have six year olds riding pillion on motorbikes, and people doing wheelies down roads, pavements and amenity areas, with not a helmet in sight. My police tell me that they need urgent guidance on safeguarding officers who try to apprehend them, and an urgent review of section 59 of the Police Reform Act 2022 on the requirement that officers be present in uniform at the time of offending. Would the Minister get on to those specific issues, please?

[Chris Philp]

I would be happy to look into those specific issues. The police have powers to pursue, even where the motorcycle rider is not wearing a helmet. We had similar issues with mopeds in London four or five years ago. For a time, the police did not pursue them, and moped crime shot through the roof. They now pursue them, and it has gone back down. I urge Bedfordshire police to use those powers, but I will certainly look into the questions that my hon. Friend has raised.

--- Later in debate ---

[Rachael Maskell (York Central) (Lab/Co-op)]

10. What recent discussions she has had with Cabinet colleagues on the potential merits of introducing a substance misuse harm reduction model to tackle acquisitive crime.

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

We have not had any specific discussions on that, but we have a 10-year drug strategy, which includes spending an extra £582 million over three years on 55,000 extra treatment places. We want to treat people who are addicted, particularly to opioids, to get them off drugs and fully recovered.

[Rachael Maskell]

A large number of people are being exploited into criminal activity, whether through drug gangs or acquisitive crime. They need help and support from the state. Will the Minister look at how to put a harm reduction model in place for those individuals, rather than criminalising them, so that they can get the support they need to change the direction of their lives?

[Chris Philp]

There is a twin-track approach. There is a comprehensive effort to ensure more addicted people get treatment, being diverted to it from police custody, from the court system and when they leave prison. As I say, there is an extra £582 million over three years. We are in the second of those three years at the moment. But enforcement, particularly against drug gangs and organised criminal gangs, is important at the border and in the case of county lines. It is a twin-track approach: enforcement, together with treatment.

[Anna Firth (Southend West) (Con)]

11. What recent progress her Department has made on reducing antisocial behaviour.

--- Later in debate ---

[Kelly Tolhurst (Rochester and Strood) (Con)]

T2. Constituents and businesses are being impacted by illegal car racing and meets. The Labour council is dragging its heels on implementing a public spaces protection order and Kent police have been working hard to tackle it, but resources are precious. Will my right hon. and learned Friend look at how Kent police are funded? They are having to deal with increasing activity in this area and, being so close to London, we are seeing increasing burdens from criminality.

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

I thank my right hon. Friend for her tireless campaigning on behalf of the people of Rochester and Strood. Kent has record police officer numbers at 4,261, which is about 10% more than it ever had under the last Labour Government. We intend to review the police funding formula. I strongly urge Medway Council to get on with putting that PSPO in place.

[Amy Callaghan (East Dunbartonshire) (SNP)]

T3. Since we left the European Union, my constituent—a UK citizen from birth, as was confirmed by the British Nationality (Regularisation of Past Practice) Act 2023—has been repeatedly stopped by UK border guards and had his citizenship questioned. Is this British Government satisfied that the customs and immigration system is so chaotic that their own citizens are being othered by the Department’s officials, just because their parents were born in the EU?

[Andy Carter (Warrington South) (Con)]

T6. Over the summer, dozens of Traveller caravans have been illegally pitched in my Warrington South constituency, impacting playing fields in Appleton Thorn, Bewsey and Dallam, and costing thousands to clear up. Warrington’s Labour council has avoided bringing forward proposals, despite having money in its budget. Does the Minister agree that local authorities need to play their full part so that the police can be effective in using the legislation passed by this House?

[Chris Philp]

Yes, I do agree; local councils should be robust in using the powers this House granted them, as should the police in terms of the Police, Crime, Sentencing and Courts Act 2022. The police do have strong powers under the amended Criminal Justice and Public Order Act 1994, and I urge police forces up and down the country to use those powers.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

We heard a little about retail crime earlier and it is a real issue in Birmingham, where a number of ugly, violent assaults on staff have taken place at Co-op stores in my constituency. I was pleased to hear the Minister’s earlier response. However, with less than 4% of about 8 million crimes actually recorded by the police, when can we expect to see the tougher measures he hinted at earlier?

[Chris Philp]

I thank the hon. Gentleman for his question. I met representatives of the Co-op just a week or two ago and his chief constable, Amanda Blakeman, who leads on this for the National Police Chiefs’ Council. At my request, the police are working up a plan to make sure that they always look into the CCTV footage to try to get a facial recognition match, in order to arrest and prosecute shoplifters, and that they patrol a lot more regularly in areas where shoplifting is a problem.

[Several hon. Members rose—]

Dangerous Drugs

Chris Philp Excerpts

Tuesday 12th September 2023 Commons Chamber

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

I beg to move,

That the draft Misuse of Drugs Act 1971 (Amendment) Order 2023, which was laid before this House on 5 September, be approved.

The order proposes an amendment to paragraph 1(a) of part 3 of schedule 2 to the Misuse of Drugs Act 1971 to bring nitrous oxide under the control of that Act as a class C drug. In September 2021, following increasing reports of the harms associated with the use of nitrous oxide, the Government commissioned the Advisory Council on the Misuse of Drugs to undertake an independent assessment of it. The Government requested that the ACMD include in its assessment a recommendation on the appropriate legislative control of the substance. I thank the ACMD for the updated harms assessment that it published in March 2023. Its work has been helpful, and we are grateful for the time it spends advising the Government on this and other issues. The ACMD report did not recommend the control of nitrous oxide under the MDA, but it did note concerning health harms such as nerve damage.

[Claire Hanna (Belfast South) (SDLP)]

On health harms, does the Minister acknowledge that the amendment is just tinkering with an Act that does not address the health harms of drugs? Does he agree that a wider review of the Act, which is half a century old, is needed to take drug dealers off the streets, tackle sinister organised crime, and treat those with addiction issues with compassion?

[Chris Philp]

I do not agree that the amendment is tinkering; it is an important measure, as I will outline in just a moment. On action against drug abuse more generally, we have a whole 10-year drug strategy that we are a year and a half into. It includes tough enforcement at the border and action to disrupt criminal gangs who deal drugs—we had a record level of drug seizures recently. In addition, we are investing record sums in drug treatment—£582 million extra over a three-year period—and increasing the number of treatment places by 54,000, so there is a comprehensive programme of work, both on enforcement to break drug importation and drug gangs, and, critically, on treatment to help people out of addiction and into a better life.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for clearly outlining the Government’s intentions. The amendment deals very specifically with nitrous oxide, and I welcome it. The Government have recognised the need to make changes. I would like more stringent drug controls—as, I think, would the Minister—but, bearing in mind the Government’s intentions, and the intention of some Members to divide the House, can the Minister confirm that the amendment will not place more onerous conditions on those who need to use nitrous oxide, such as dentists? Will they be outside its scope? At the same time, the need for the law is clear.

[Chris Philp]

Yes, I can provide that assurance. I will expand on this later, but those who are using nitrous oxide for legitimate purposes, which includes the catering industry, the dental sector, research and even semiconductor manufacture, will be outside the scope of these restrictions.

The hon. Gentleman touched on the control of harmful drugs more generally. It is important to control harmful drugs, particularly where they are very addictive and cause health harms. We have seen in cities in North America that have liberalised their drug laws substantially, such as San Francisco, Portland and some Canadian cities, that it has resulted in widescale public health problems.

[Ronnie Cowan (Inverclyde) (SNP)]

I knew that the Minister was going to bring up Portland at some point. There has been a clarion call to the extreme right wing to clamp down on drug policies, but we have to look at Portland in its entirety. Yes, it decriminalised drugs, but it also cut back all its support services drastically and had a fentanyl crisis at exactly the same time. That created a perfect storm for the damage that has been done there. We would not want to undermine some of the good work that has been done there as well.

[Chris Philp]

Well, if we look at the centre of San Francisco at the moment, it is not a very happy sight. The de facto decriminalisation of drugs and, indeed, the failure to police certain criminal offences such as shoplifting has led to disastrous outcomes, and I am determined that we do not see the same in our jurisdiction. I do accept that treatment is very important, which is why we are investing all that extra money in treatment.

[Anna Firth (Southend West) (Con)]

The Minister talks about problems in San Francisco. Does he agree that this legislation will also help to stop the havoc that nitrous oxide is wreaking in our coastal communities, in particular by tackling the increased availability of these higher-harm larger canisters? Last summer, Southend police confiscated 400 on one day. I welcome this motion, and I thank the Minister for engaging with me and other Members across the House and listening to our concerns.

[Chris Philp]

I thank my hon. Friend for her kind words. The campaigning that she has done, on behalf of her Southend constituents, is an important part of why we are moving this motion. I can see my hon. Friend the Member for Wyre Forest (Mark Garnier) in his place. I recall a Westminster Hall debate just a few months ago in which he and other colleagues raised the harms that nitrous oxide was doing in their communities. People may sometimes wonder about the value of Westminster Hall debates, but I can honestly say that the contributions made by my hon. Friends the Members for Southend West (Anna Firth) and for Wyre Forest and others were instrumental in bringing about this change.

[Mark Garnier (Wyre Forest) (Con)]

I am grateful to my right hon. Friend for mentioning that Westminster Hall debate. Does he agree that campaigners such as Dr David Nicholl, an eminent neurosurgeon in Bromsgrove, were also instrumental? He was responsible for raising with me and many colleagues the unbelievable harm that this does to children, who think that, because it is called laughing gas, it is amusing, but it actually causes profound neurological problems for those who use it too much.

[Chris Philp]

My hon. Friend is right to point to Dr Nicholl’s work, and I thank him again for his campaigning on this issue, without which we possibly would not be here today taking this legislation through Parliament. The evidence we have seen about the neurological damage caused in particular by large-scale consumption of nitrous oxide is very worrying. Neurological units around the country have seen cases of people who have been paralysed and suffered really quite serious consequences. The numbers are not enormous, but they are extremely worrying, and the severe cases, including paralysis, are deeply concerning. I agree completely with what my hon. Friend just said.

[Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)]

I draw the House’s attention to my declaration in the Register of Members’ Financial Interests: until recently, I was an acting consultant addiction psychiatrist. On the point about other uses of nitrous oxide—legitimate medicinal and industrial uses—moving it away from the psychoactive substances regulations to the Misuse of Drugs Act puts a number of limitations on its use in its current settings. What consultation has my right hon. Friend or his Department done with the medical sector as a whole, and also with other commercial providers or users of nitrous oxide, in advance of laying these regulations before the House?

[Chris Philp]

We have conducted further engagement and consultation with the ACMD and others in industry to understand the implications of this move. I am jumping ahead a little, but we intend to table a further statutory instrument that will take effect alongside this one, which will make it clear that the sale and use of nitrous oxide for legitimate purposes will not be criminalised in any way—it will continue to be permitted. The definition of legitimate use will be very broadly drawn in that SI, because nitrous oxide is used for a wide range of medical research and commercial purposes, and we are not going to try to comprehensively list those purposes. A wide-based exemption for legitimate use will be put in place to make sure that we do not unintentionally stymie either medical research or commercial use of this drug.

It is worth saying that the use of nitrous oxide is quite widespread. Among those aged 16 to 24—

[Kit Malthouse (North West Hampshire) (Con)]

Could we have a little clarity on those two SIs? Does that mean that there is going to be a period in which otherwise legitimate uses will be illegitimate until the new SI is in place, and is that new SI needed because people came forward and said, “Whoops, you’ve missed this use”? I am not quite sure how the two SIs are going to interact.

[Chris Philp]

No, there will be no gap, and it is not unintentional or inadvertent; it is just likely that we will have to amend the way schedule 5 to the 1971 Act works in order to create this new category, essentially to accommodate nitrous oxide. The two SIs will be implemented on the same day—there will be no lacuna or gap. That is just how we have to sequence the secondary legislation under the Act.

Let me return to the question of prevalence. Some 230,000 young people inhaled this harmful substance in the year ending June 2022. It was the third most misused substance among that age group and, as we have discussed already, there is evidence that it has harmful neurological effects, particularly when consumed in quite large quantities.

Beyond that, we know that nitrous oxide has a significant effect on antisocial behaviour—indeed, we announced the measure for which we are legislating today in the antisocial behaviour action plan. Again, I thank parliamentary colleagues for raising the impact that nitrous oxide has had on their communities. It is fuelling antisocial behaviour and having an impact on the decent, hard-working majority who want to use their local park or go down their local high street without being harassed by antisocial behaviour or seeing the little silver canisters littered all over the place. To give an illustration of the scale of the problem, after the Notting Hill carnival a couple of weeks ago, it is estimated that 13 tonnes of those nitrous oxide canisters and others were collected from the street by the clean-up crews. That is an extraordinary amount.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

How many tonnes of beer cans were collected?

[Chris Philp]

The hon. Gentleman will be aware that the consumption of beer does not, generally speaking, lead to severe neurological damage and paralysis in the way that the consumption of large amounts of nitrous oxide does.

[Dr Poulter]

I do not wish to be disobliging to the Minister, but the ACMD was very clear that it did not believe that the medical harms of nitrous oxide pose anything like the significance of those caused by many other street drugs, or indeed alcohol. Alcohol-related brain damage causes much more neurological harm than many street drugs do, so I think it would be helpful for the Minister to correct the record on that point.

[Chris Philp]

I have referred to the ACMD advice before, and the ACMD did note the anecdotal reports of severe paralysis caused by excessive nitrous oxide consumption to which I have referred already. On this occasion—rarely, but not uniquely, disagreeing with ACMD advice—the Government, as we are entitled to do, took a broader view. We thought about the association with antisocial behaviour and about the fact that among 16 to 24-year-olds nitrous oxide is the third most used harmful substance, and that is why we took the step we did. Of course, I acknowledge that, as my hon. Friend said, alcohol can have an adverse effect as well, but we feel that in this particular case the misuse of nitrous oxide merits action. Many Members have raised concerns about the effect it has had in their communities, and we are responding at least in part to the concerns that Members have raised.

Nitrous oxide is currently regulated under the Psychoactive Substances Act 2016. It is not, of course, currently an offence to possess nitrous oxide; it is only an offence under the PSA to knowingly or recklessly sell it for personal consumption. So by controlling nitrous oxide as a class C drug under the Misuse of Drugs Act, it will not just be an offence to recklessly or intentionally sell this substance for personal consumption, but be an offence to possess it except for the legitimate use exemptions I mentioned earlier. As I said in response to my hon. Friend’s earlier intervention, we will be bringing through a further SI to set out the definition of those legitimate uses. As I said a moment or two ago, those will be extremely wide-ranging to make sure we do not inadvertently stymie legitimate commercial, medical or research use.

In summary, it is clear that drug misuse ruins lives. In the case of nitrous oxide, it also contributes significantly to antisocial behaviour. The Government have listened to the public and to parliamentarians who have been speaking for their constituents, and that is why we are taking this action.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

--- Later in debate ---

[Alex Norris]

I am afraid that I am going to disappoint my hon. Friend by not setting such a broad policy while debating a statutory instrument on a narrow bit of policy, but I know he will continue to make his case to me and my colleagues ahead of the election down the road.

Let me address the point about the diversionary work. From what I understand from the impact assessment, the Government envisage a relatively small minority of those caught in possession being charged, with the others instead having conditional cautions, community resolutions or diversionary activities. I would be keen for the Minister to state what he has based that assessment on, and how he thinks it is likely to work in practice.

The Minister, I think rightly and importantly, has coupled this issue with that of antisocial behaviour, so we must take a reckoning of the Government’s broader record on antisocial behaviour. They have had 13 years. The Minister talks about the antisocial behaviour action plan and the pilot programmes in 10 police forces, but that is less than a quarter of all forces. We have seen from the Minister and his colleagues a complete failure to reverse the cuts to neighbourhood policing, and we still have 10,000 fewer neighbourhood police officers and police community support officers than we did eight years ago. Half the population say that they rarely see the police on the beat, and that proportion has doubled since 2010. It is clear that the Government’s plans are too modest to meet this challenge.

[Chris Philp]

I welcome the shadow Minister to his place. Will he join me in expressing pleasure at the fact that we now have record numbers of police officers? As of 31 March, there are 149,566 in England and Wales, which is about 3,500 more than we have ever had at any time in history.

[Alex Norris]

I am grateful for that intervention and for the Minister’s kind words of introduction. As he says, I am new to this parish, but if I were in his seat and not mine, I might be a little less gleeful about there being 10,000 fewer neighbourhood police officers and PCSOs than eight years ago, and about the fact that the people of this country, whom we serve, are twice as likely to say that they rarely see police on the beat than when this Government started in 2010. That should perhaps be a point for reflection, rather than the grandstanding that we saw.

People will ask—it is important that the Minister addresses this—what non-legislative actions are being taken alongside this statutory instrument to ensure it is effective. On enforcement, this provision has important implications for our police, and I would be keen to know the Minster’s assessment of the overall readiness of those who are already busy, and who we will be asking to enforce this ban. What training does he think it will take to be effective? Again, we must see this record in its historical context to know where we are building from. The Government have weakened powers over the last decade, and brought in powers that have not been used, such as the community trigger. They have abandoned the major drug intervention programmes that the previous Labour Government left, they have slashed youth service budgets by £1 billion and they have let charges for criminal damage halve. We did not hear from the Minister what sort of broader preventive actions he intends to implement alongside this statutory instrument to make it effective.

We see in the independent report that standalone publicity campaigns are likely to have limited effectiveness, so what more thoughtful, community-level approaches are going to be used? Labour Members have set out a full comprehensive plan, with 13,000 extra neighbourhood officers and PCSOs, paid for by savings that have been identified by the Police Foundation, but which Ministers are refusing to make. We would introduce new respect orders for repeat offenders, hotspot policing to tackle drug dealing, and strong action on fly-tipping. Those are the sorts of things we could align alongside the decisions being taken today to make sure that they are actually meaningful. Otherwise there is a risk, which the Minister will have to reflect on, that people think the Government are chasing headlines, rather than chasing change. To conclude, we will not stand in the way of this instrument today, but it must be seen for what it is: a small intervention when we need much bigger ideas.

--- Later in debate ---

[Chris Philp]

This has been an interesting and wide-ranging discussion, and I will try to conclude relatively briefly. I start by thanking the shadow Minister for his support for this measure in principle; it is good to start off on this note of cross-party consensus, which I hope will continue for the remainder of his tenure in his new role. He asked some questions, as did my right hon. Friend the Member for North West Hampshire (Kit Malthouse), about plans for enforcement and the resources that will be dedicated to this issue. I can confirm that it is something we expect the police to be focusing on.

The shadow Minister also asked about the antisocial behaviour action plan. It is true that we are starting with pilots in just 10 force areas doing the antisocial behaviour hotspot patrols, but in April of next year that will expand to all 43 police forces across England and Wales, backed by around £43 million pounds of extra new funding to make sure those ASB hotspot patrols are out and about, both dealing with antisocial behaviours more widely and looking specifically at the issue of nitrous oxide consumption.

There were a number of questions about prison places. We are in the process of building more than 20,000 extra prison places. We expect this measure to have a significant deterrent effect on the consumption of the drug. As my hon. Friend the Member for Wyre Forest (Mark Garnier) said, reducing consumption will reduce the incentive to supply the drug as well. We expect it to be enforced.

I pay tribute to my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) for his work on the Psychoactive Substances Act 2016. Some Members asked about the action that followed, and I think my right hon. Friend can take pride in the fact that 332 retailers stopped selling psychoactive substances as a result of his legislation, and that there have been at least 230 prosecutions under that Act, which, of course, covers nitrous oxide. I think I said earlier that it regulates nitrous oxide, but it would be more accurate to say that it covers it.

There has been some discussion about the ACMD. I put on the record again my thanks to that council for its work advising the Government. We almost always follow the ACMD’s advice, although there have been occasions, including under the last Labour Government, when the Government have taken a slightly broader and different view, for reasons that many Members, including my hon. Friend the Member for Wyre Forest, the hon. Member for Ellesmere Port and Neston (Justin Madders) and the shadow Minister, have outlined. We have taken a slightly different and broader view in considering the social harm and our concern that the harm and paralysis the substance causes may get worse if its use is allowed to spread, but we have also consulted the ACMD on how we will go about implementing the legislation. We have done a public consultation on implementation, and the report was published on 5 September, making it clear that there will be a wide-ranging exemption for legitimate use.

Some Members asked about legitimate use. We will amend the Misuse of Drugs Regulations 2001 to make it clear that legitimate use is any use that does not involve inhalation by a human. Inhalation by a human for research and medical purposes will, of course, be lawful. I hope that that gives the little extra clarity that Members asked for.

A couple of Members referred to people who consume the substance medically. Of course, when people consume nitrous oxide at the dentist’s or in the context of giving birth, they are being supervised by a medical professional. In the case of giving birth, an anaesthetist is typically supervising the administration of the drug. That is necessary because it is potentially very harmful.

A few comments have been made about the Misuse of Drugs Act 1971 more widely. I do not propose to go into that in detail, save to say that if we consider jurisdictions where they have taken an incredibly permissive view, such as San Francisco, it has not resulted in more people going into treatment; it has led to a significant increase in deaths as a result of drug overdoses, particularly from synthetic opioids, and to widescale disorder on the streets. I do not accept the thesis that we can have treatment only if we liberalise drug laws and have out-of-control public consumption, as in some American cities. We do not want that happening in this country. That is why a combination of going after drug supply at the border and going after criminal gangs is important, combined with the funding of treatment, which we are doing with an extra £582 million for treatment over three years, and record police numbers. We have 149,566 police officers—more than ever before.

The measure, which I hope we will vote through this evening, will help us to combat antisocial behaviour across the country. It will protect people—particularly young people, but adults as well—from the medical harm that the drug can do. It is a critical part of the Government’s battle against antisocial behaviour. I commend the order to the House.

Question put.

Public Safety Updates

Chris Philp Excerpts

Thursday 20th July 2023 Written Statements

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

College of Policing Codes of Practice

The Government are today laying two important and significant codes of practice concerning the vetting of police officers and police information and records management. Both codes of practice have been drafted by the College of Policing following extensive public and stakeholder consultation. In accordance with my responsibilities under Section 39A of the Police Act 1996,1 have authorised both codes to be laid before Parliament.

The vetting code of practice 2023 replaces the previous 2017 code, strengthening the standards that forces are expected to adhere to when vetting their officers and staff. This work was completed at the request of the Home Secretary in response to the concerning findings of the His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) inspection into vetting, counter-corruption and misogyny last year as well as recent high-profile cases of police misconduct and criminality.

Chief officers must have due regard to the code in discharging their functions to which the code relates. The revised code makes it clear that the expectation is on chief officers to ensure vetting standards are maintained within their force. The code includes clarification that an inability to hold minimum vetting clearance will result in dismissal proceedings, as well as emphasising that vetting clearance will be reviewed following the conclusion of misconduct proceedings which do not result in dismissal. It also sets the requirement for a full rationale to be recorded where vetting is granted with conditions, withdrawn or declined; ensuring that decision making is appropriately documented.

In addition to revising the vetting code of practice, the College of Policing is also in the process of updating the accompanying vetting authorised professional practice (APP), as well as overhauling the police code of ethics.



The code of practice for police information and records management replaces the existing code of practice for management of police information (2005), and details key principles for the management of all police information and records and reflects related legislative developments such as those relating to data protection. It will mean that a broader range of police records are retained by forces in the future, meaning there is less risk of losing important records for future scrutiny.

This code has been developed in response to recommendations made in the Hillsborough Independent Panel (HIP) report and Bishop James Jones’s report titled “‘The patronising disposition of unaccountable power’ A report to ensure the pain and suffering of the Hillsborough families is not repeated”, which highlighted that previously vital records relating to Hillsborough could have been destroyed and would not have been available to the HIP. The introduction of the code will mean that more police records will be retained than in the past, thereby addressing concerns expressed in both reports that the management of police records and information was variable and inconsistent.

The new code of practice is supported by complementary APP titled “Archiving of records in the public interest”, which provides specific guidance aimed at information management practitioners that defines the types of records that may be in the public interest and which forces should seek to preserve.

I am grateful to the college for its work in developing these codes and to the various organisations that provided input as part of their development or via consultation.

The codes have been laid before Parliament and are also available on the gov.uk website.

10-year drugs plan—First Annual Report

In December 2021 we published our landmark cross-Government drugs strategy, “From harm to hope”. Drug misuse costs society almost £22 billion a year and affects individuals, communities and drives crime. The strategy included over £3 billion of funding between 2022 and 2025 to break drug supply chains, deliver a world-class treatment and recovery system and achieve a generational shift in the demand for drugs. The delivery of the strategy is a whole-of-Government effort and I would like to thank the Ministers and Departments involved for their hard work and determination in delivering this collaborative effort.

In my capacity as the Combating Drugs Minister, I am pleased to announce the publication of our first annual report. The report sets out the good progress that has been made across Government during the first year of funding and delivery of the strategy in 2022-23, as well as the delivery challenges we have faced and how we have a plan to overcome them. It also sets out how we will measure our progress through our new national outcomes framework. This work lays the foundations for future success in tackling drugs over the lifecycle of the strategy.

In this first year, we have made excellent progress in disrupting drugs supply chains and tackling exploitative and violent drug distribution models. We have closed over 1,300 county lines and led nearly 3,000 major or moderate disruptions of organised crime groups supplying drugs in our communities, and made over 2,600 arrests. Our Project ADDER sites have supported nearly 26,000 arrests since January 2021, with just over 12,000 arrests in the last year.

We have continued to detect and seize drugs both at the UK border and inland, our latest published data on drugs seizures shows that, in the year ending March 2022, the quantity of cocaine seized by police and Border Force rose by over two thirds from the previous year to nearly 19 tonnes. This is the largest amount of cocaine seized in a single year on record. We are clear that we must maintain and build on the good progress made in tackling supply to date.

We are further building our treatment and recovery system, and to do this we have allocated additional funding of £96 million for 2022-23 and £155 million for 2023-24. We have recruited over 1,600 additional staff across the sector, upskilled staff and are ensuring there are clear pathways into treatment for those who need it, including for those in the criminal justice system to reduce the drug-related crime that blights our neighbourhoods. We have expanded the individual placement and support (IPS) scheme to 26 new areas to help people in recovery from drug dependence into employment, doubled the number of incentivised substance free living units in prisons and recruited staff to improve continuity of drug treatment for prison leavers.

We have established 106 combating drugs partnerships across England, each led by a senior responsible owner, to bring services together to drive multi-agency delivery of the strategy at a local level.

While we want to ensure that people who suffer from drug dependence are given the support they need to turn their lives around, we continue to do all that we can to deter people from taking drugs in the first place. We are ensuring that there is a zero-tolerance approach to drug misuse by law enforcement and that those who take drugs face the consequences, with an escalatory regime for those who continue to misuse drugs. We have launched five test and learn projects as part of our cross-Government innovation fund focused on reducing drug use.

These achievements are the first stages of a 10-year journey that demonstrates this Government’s ongoing commitment to tackling drug misuse, and I look forward to bringing future reports to this House.

The annual report has been laid before Parliament as a Command Paper (CP 906) and will be available on gov.uk.

Consultation on PACE Code A Changes

The Government are today launching a consultation on revisions to the Police and Criminal Evidence Act 1984 (PACE) Code of Practice A. Our objective is to reflect the new powers introduced in the Public Order Act 2023. This includes extending suspicionless stop and search powers for protest-related offences and communicating a suspicionless stop and search authorisation. Separately, we will also update PACE Code A to introduce a new data collection requirement and amending the Serious Violence Reduction Order pilot start date.

The Police and Criminal Evidence Act 1984 (PACE) introduced a legislative framework for the powers of police officers in England and Wales to combat crime. PACE code A deals with the statutory provisions governing stop and search. These include the power to search a person or vehicle without first making an arrest and the necessity for the police to record every stop or encounter. While the suspicion-led powers introduced by the Public Order Bill are covered by existing provisions in PACE code A, PACE code A needs to be amended to implement the new suspicionless stop and search powers for protest-related offences introduced by the Public Order Act 2023.

Specifically, revisions to code A will introduce the following changes:

A new set of paragraphs which introduce suspicionless searches under section 11 of the Public Order Act 2023.

A clause on forces communicating the authorisation of suspicionless searches for protests where it is operationally beneficial to do so.

A clause on forces communicating the authorisation of suspicionless searches under section 60 of the Criminal Justice and Public Order Act (CJPOA) 1994 where it is operationally beneficial to do so.

A new paragraph which introduces a data recording requirement.

Additional self-defined ethnic classification categories in annex B.

A change to the SVRO pilot start date in annex G clause 2 from “00:00 17 January 2023 to 23:59 on 17 July 2025” to “00:00 19 April 2023 to 23:59 on 19 October 2025”.

The consultation will run for 6 weeks and the Government will publish their response later this year.

The Home Office is launching a separate consultation on PACE codes of practice following Royal Assent of the National Security Act 2023 (NSA). That consultation also included amendments to PACE code A. It includes updates to govern the use of search powers created within the state threats prevention and investigation measures (STPIMs) regime, and an update to protect the identities of police officers involved in investigating offences under the NSA.

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