Machetes: Consultation

Debate between Chris Philp and Rehman Chishti

Tuesday 18th April 2023 Commons Chamber

[Chris Philp]

I agree completely with the right hon. Gentleman’s sentiments and those expressed previously by the right hon. Member for Wolverhampton South East (Mr McFadden). Speed is important: we want to do this as quickly as we can, and that is one reason it is a seven-week consultation rather than longer. As I said earlier, we will take forward measures in secondary legislation as quickly as we can, and will also handle as quickly as possible those that need primary legislation.

I agree with the point about the need to avoid loopholes, and in that spirit I strongly encourage Members of this House and people outside it with an interest in this topic—whether charities or anyone else—to reply to the consultation on those points of detail. The shadow policing Minister, the hon. Member for Croydon Central (Sarah Jones) raised some questions about the length of particular knives; that is the kind of detail we need to get right and the consultation is the vehicle through which we can make sure the details are comprehensively captured exactly as the right hon. Member for Leeds Central (Hilary Benn) suggests.

[Rehman Chishti (Gillingham and Rainham) (Con)]

As in the constituencies of other Members, in 2018 we had a shocking incident in Gillingham in which an 18-year-old was killed by a gang using knives—the incident led to the tragic loss of the life of Kyle Yule. I met his family afterwards and said we would do everything we could to address the issue of knife crime, which brings me to asking the Minister where we go next.

In 2019, senior detectives in Newham said they had discussed with the Government a licensing or registration system due to fears that hunting knives were becoming the weapon of choice for gangs. That was in 2019 and we are now looking at new initiatives. Where are we with regard to licensing and registration? The Minister says we are looking at firearms legislation to see whether we need to move to that kind of system for the possession of knives. I was a lawyer and I prosecuted and defended many of these cases, and questions were raised then about licensing perhaps being specifically needed in this area. Are we there, and if not, why not?

[Chris Philp]

Some important steps were taken through the Offensive Weapons Act 2019. The Financial Secretary to the Treasury, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) is in the Chamber, and in a previous ministerial post she took that important legislation through the House. We propose to go further now: rather than introducing a licensing scheme, we propose to ban completely the machetes and zombie knives that are not currently illegal. Instead of requiring a licensing regime, it will simply be illegal to sell, market, import, manufacture or privately possess those particular knives.

Public Order Bill

Debate between Chris Philp and Rehman Chishti

Consideration of Lords message
Wednesday 22nd March 2023 Commons Chamber

[Chris Philp]

I do not wish to repeat everything I said at the beginning, but I want to pick up on one or two points made in the course of this short debate. The first point relates to policing’s position on this power. The shadow Minister, my constituency neighbour the hon. Member for Croydon Central (Sarah Jones), said that the police had not been calling for this. I politely draw her attention to what was said by His Majesty’s inspectorate of constabulary and fire and rescue services, which is run by a former chief constable:

“On balance, our view is that, with appropriate guidance and robust and effective safeguards, the proposed stop and search powers would have the potential to improve police efficiency and effectiveness in preventing disruption and making the public safe.”

I do not want to reiterate yesterday’s extensive debate about the Casey report, which has been referred to, but I will say one or two things about the use of stop and search in that context. First, when I discussed stop and search with Sir Mark Rowley, the commissioner, a few days ago, he pointed out that between 350 and 400 knives are removed every month from London’s streets using stop and search. I think that is an extremely important contribution to public safety.

In her report, Baroness Casey referred to academic research from the United States that found that the use of stop and search led, on average, to a 13% reduction in crime. For the sake of balance, it is important to keep those points in mind.

It is fair to say that a very small proportion of stop and searches result in complaints. That has been the case particularly since body-worn cameras have been used, because the officer knows that when conducting a stop and search the whole thing is being recorded. Some of the bad practice that may have been prevalent 10 or 15 years ago is much less likely to occur when both parties are aware that the stop and search is being recorded.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Of course stop and search has a role to play, but it has to be applied appropriately and under the right criteria. As a barrister who has prosecuted and defended cases, and having been a member of the Home Affairs Committee, may I ask the Minister a question specifically about stop and search? How many individuals from diverse communities who have been stopped should not have been stopped in the first place? We need to have that data to know how to look at legislation moving forward. At the end of the day, we have to carry communities with us and ensure there is appropriate community cohesion. What is the figure?

[Chris Philp]

In whatever context, stop and search has to be done in a respectful and appropriate way. That is why body-worn cameras are so important. As I pointed out a moment ago, only a tiny fraction of stop and searches result in a complaint these days.

To conclude, we have recently seen protesters use tactics, often covertly, that are deliberately and exclusively designed not to protest as a way of communicating a message, but to cause intentional disruption to other members of the public going about their daily business, including children trying to get to school and patients trying to get to hospital. These well-designed and proportionate measures will help the police protect the public and allow them to go about their daily business, while also allowing the right to protest. Therefore, I respectfully invite colleagues to disagree with Lords amendments 6B to 6F.

Question put.

Channel Crossings in Small Boats

Debate between Chris Philp and Rehman Chishti

Wednesday 2nd September 2020 Commons Chamber

[Chris Philp]

Former Royal Marine Dan O’Mahoney has been appointed, as the hon. Member describes, and has overall operational and policy responsibility for this rather unique and very serious problem. Because it is so multifaceted and involves lots of different law enforcement agencies—not just Border Force but the National Crime Agency and Immigration Enforcement—and requires working with French authorities and UK Visas and Immigration, we felt we needed a single person empowered and accountable to seize control of the situation and get it fixed. We think that Dan O’Mahoney will do a fantastic job and will grip the situation and bring this problem under control.

[Rehman Chishti (Gillingham and Rainham) (Con)]

From my time on the Home Affairs Committee, I understand that we have evidence of individuals coming into Serbia from Iran because there was a visa waiver: from Iran they go into Serbia, from there they go to France, from France they go to the channel, and from the channel they go to Kent in my part of the country. I understand that loophole has now been closed, so how and through what countries are these illegal migrants getting into the EU and the Schengen area? I say to the Minister that my constituents on the frontline in Kent urgently want the Government to get this sorted swiftly.

[Chris Philp]

We hear that message loud and clear. We understand the anger at those illegal, dangerous and unnecessary crossings, and we will do whatever it takes to stop them, including working with the source countries and the upstream countries in the way my hon. Friend has just described.

Draft Crown Court (Recording and Broadcasting) Order 2020

Debate between Chris Philp and Rehman Chishti

Monday 16th March 2020 General Committees

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I beg to move,

That the Committee has considered the draft Crown Court (Recording and Broadcasting) Order 2020.

As always, Ms Buck, it is a pleasure to serve under your chairmanship. This order removes the prohibition on recording Crown court proceedings to enable judges’ sentencing remarks in the Crown court to be recorded and broadcast. Currently, the recording and broadcasting of court proceedings is prohibited unless, with the consent of the Lord Chief Justice, an order is made specifying the circumstances in which those prohibitions can be lifted. That has already been done to allow live streaming from the Supreme Court since 2009, and in the civil and criminal divisions of the Court of Appeal.

The order before us extends the exemption from the prohibition—the circumstances under which court proceedings can be filmed—to include the sentencing remarks delivered by a High Court judge or senior circuit judge delivering criminal sentences in the Crown court. Recordings will only be made by broadcasters who have been granted permission in writing by the Lord Chancellor. Media parties have been working in the Court of Appeal since 2013, and we will be taking this next step forward with those experienced broadcasters.

[Rehman Chishti (Gillingham and Rainham) (Con)]

For many years before I entered Parliament, I prosecuted and defended cases in the magistrates court, Crown court and Court of Appeal. The public want transparency and accountability. Under the current system, not all the remarks are taken into account when a sentence is passed, so people cannot know the mitigating or aggravating features that the judge has taken into account. It is unfair on the judiciary for them to be labelled in the media as having simply given “x” sentence. The order will ensure that it is possible to make clear to the public the full circumstances considered by the judge, to ensure that there is full confidence in our great judiciary and our legal system.

[Chris Philp]

My hon. Friend puts it extremely well, based on his many years of experience. By broadcasting the full sentencing remarks, we can make sure that sentences are fully understood by the public. It is very easy for the public to hear just a headline sentence, and not to understand or appreciate the reasons why that sentence has been handed down. By broadcasting the remarks in full—they will be available on the internet, and potentially broadcast live—the understanding that my hon. Friend has described can be better achieved. I should add that the decision to extend the filming of the sentencing remarks of senior judges to the Crown court is fully supported by the Lord Chief Justice and follows a trial in eight courts, which in turn followed a debate on this topic in Parliament in 2016.

We have, of course, carefully considered concerns about the potential impact of court broadcasting on victims, witnesses and other vulnerable court users. That is why only the judge’s sentencing remarks will be broadcast. This order does not permit the filming of anything else that goes on in court, whether it be submissions by barristers on either side, victims, witnesses, staff, defendants, jurors or anybody else. Only the sentencing remarks being delivered by the judge can be filmed and then broadcast. To give the Committee further assurance, I should add that the judge in any particular case has complete discretion, and if they choose to not give permission for their sentencing remarks to be broadcast, that judge can withhold their consent. If any media organisation breaches the terms of this order, or breaches the judge’s ruling on the matter, they will of course be in contempt of court.

I mentioned that the filming will be available on the internet. For the largest cases, it may also be broadcast live, but with a time delay to make sure anything unsuitable can be intercepted prior to broadcast. A limited number of specified media companies—the larger ones, such as the BBC, ITV and Sky—will be authorised to do this, and one of them will nominate a film crew to film the sentencing remarks. The cost of doing so will fall entirely on the broadcasters; it will not be borne by Her Majesty’s Courts and Tribunals Service.

In conclusion, this order, which follows a trial and has received the agreement of the Lord Chief Justice, will open up our judicial system a little more. It will give the public a better understanding of sentencing remarks and why particular sentences are being handed down, and it is a welcome move to demonstrate openness and transparency in our judicial proceedings. I commend the order to the House.