Oral Answers to Questions

Kate Green Excerpts

Monday 16th April 2018 Commons Chamber

[Mr Wallace]

I do agree with my hon. Friend. It was the Home Office that took the initiative to set up the counter-terrorism internet referral unit, which has seen 300,000 pieces of terrorist propaganda taken down—voluntarily, but taken down none the less. It was the Home Office that worked with ASI Data Science to develop an automatic model, which has a 99.9% accuracy rate. If we can do it, why can those companies not?

[Kate Green (Stretford and Urmston) (Lab)]

I recently held a community meeting to contribute to Mayor Andy Burnham’s consultation on community integration and preventing radical hate speech. One issue that came up was the extent of online hate speech against Islam coming from around the world, and particularly from the United States. Will the Minister say what discussions he is having internationally to ensure that this kind of derogatory and offensive material is taken down as quickly as possible?

Kerslake Arena Attack Review

Kate Green Excerpts

Wednesday 28th March 2018 Commons Chamber

[Mr Wallace]

I would welcome any initiative that does that. This is a real challenge in the 21st century: in real time, people are eyewitnesses and people tweet, having immediately got on their phone. That is not going to go away. What is important is that the producers, the people churning out the programmes and the editors are employed, partly, to be able to sift gossip from reality, and sensationalism from impacting stories. The message is that there is a strong role for the editors and producers in this day and age of live reporting. They must be able to say, “It might be sensational, but we are not going to report it because it is not true or factual, and I would not be responsible if I did.”

[Kate Green (Stretford and Urmston) (Lab)]

I join colleagues in once again sending condolences to all the victims of this terrible attack in our city and in paying tribute to all in our emergency services and in the wider community who served to support and care for them. In the immediate aftermath of the attack, many people and faith groups right across the faith spectrum rushed to offer help and hospitality to those who were frightened and alone that night. Shamefully, in the aftermath of the attacks attempts were also made by the far right to drive a wedge between different faith communities. Will the Minister join me in utterly condemning such shameful conduct? Will he confirm the Government’s intent always to crack down on the promotion of division and hatred?

[Mr Wallace]

The hon. Lady makes a powerful and important point. Like her, I represent Muslim communities, doing so in Preston. Let me say in response to an earlier point that there is Islamophobia and we have to deal with that. We have to stand up to Islamophobia as strongly as we stand up to anti-Semitism and all the other issues that are about dividing our communities. The terrorists, be they neo-Nazis or from Daesh, want to divide our communities; they want us to hate each other and to weaken the society we belong to. I am absolutely determined, as I know all of us in this House are, to stand up against that and to give those people no quarter. We should double our efforts, both through other programmes such as Prevent and in our counter-extremism work on getting children, certainly in school, to understand what this is about. We must also be strong enough to have a debate about extremism without shutting down freedom of speech.

Money Laundering

Kate Green Excerpts

Monday 19th March 2018 Commons Chamber

[Mr Wallace]

As the hon. Gentleman will have heard me say numerous times this afternoon, there are plenty of individuals who get pointed out to us and into whom we open investigations. What we cannot do is provide a running commentary on who is under investigation. As I have stated and as we have demonstrated in our legislation over the past few years, we on the Conservative Benches are determined to investigate and deal with overseas corruption and oligarchs putting money here. The best example I can give is the unexplained wealth order issued only a few weeks ago: it related to an overseas oligarch who was also a PEP and to £22 million of property in the south-east. We will continue to target such people because we think it is the right thing to do.

[Kate Green (Stretford and Urmston) (Lab)]

Foreign nationals still come to the London financial markets to raise funds and then repatriate them to organisations that may be the subject of western sanctions. What action are the Government taking to prevent that?

[Mr Wallace]

The Sanctions and Anti-Money Laundering Bill, which is coming through the House, will give us new and more tools to deal with such behaviour. When the Criminal Finance Act 2017 transited the House and people made the point about the Magnitsky amendment, I pointed out that it was against criminal assets, and when the sanctions Bill comes forward, we will take steps to address the issue. So we raised this problem long before it was an issue in the sanctions Bill—last year, during the passage of the 2017 Act. Overall, we are determined to tackle this and to send the right message. The hon. Lady will have heard the long list with which I tested your patience at the beginning, Mr Speaker, and I find it ironic that the Labour party, which came up with precisely almost nothing in government, is criticising this Government, who are actually capturing proceeds of crime and taking them away from bad people.

Yarl’s Wood Detention Centre

Kate Green Excerpts

Tuesday 6th March 2018 Commons Chamber

[Caroline Nokes]

Upon detention, individuals at Yarl’s Wood are given access to a healthcare professional within two hours and then have the ability to make an appointment with a general practitioner within 24 hours. It is really important that we provide healthcare to all those in detention. That is why it is available 24 hours a day, seven days a week, and referral onwards to external healthcare services is also available. The hon. Lady asked whether I would review welfare at Yarl’s Wood. In fact, that is the job of the independent monitoring board, the independent inspector, and of course Stephen Shaw, whom we have asked to go back to review the recommendations that he made two years ago and provide us with an update on progress.

[Kate Green (Stretford and Urmston) (Lab)]

How can the Minister say that the justification for detention is severe risk of harm or women absconding when so many of them are very quickly, or ultimately, released back into the community and sometimes go round the loop of “detention and release, detention and release” on a number of occasions?

[Caroline Nokes]

In upholding our immigration rules, we seek to assist those who have no right to be here to return home, whether on a voluntary basis or indeed, on occasion, by force. It is really important that we have an immigration system that is robust. We do not have indefinite detention. The hon. Lady will have heard me say that 92% of those held are released within four months and 63% are released within a month. It is important that we have a system where we can be confident that when we are able move people to removal, we have the capacity to do so.

Seasonal Migrant Workers

Kate Green Excerpts

Thursday 1st March 2018 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

It is a great pleasure to see you in the Chair, Madam Deputy Speaker. I congratulate the hon. Member for Angus (Kirstene Hair) on an excellent introduction to the debate and I thank the Backbench Business Committee for making time for it. I draw the attention of the House to an interest. I receive support from the Good Faith Partnership, which provides a secondee in my office to work with me on migration issues. The secondment has just started in the past few days and I will be placing details in the Register of Members’ Financial Interests later on this week. I also speak as chair of the all-party group on migration, and it is in that capacity that I want to contribute to the debate.

Last year, the all-party group produced a report on the impact specifically on small and medium-sized enterprises of losing access to labour from the European Union post Brexit. We heard evidence from employers and recruiters across a range of sectors—not just agriculture and food processing, although clearly that sector faces an important and very urgent need—all of whom highlighted the need for access to skilled labour, but also to so-called unskilled labour, at times of heightened need. We heard from other seasonal sectors, including air conditioning and central heating engineers, and the hospitality sector, which has peaks at Christmas, Easter and over the summer. The point was made clearly to us that jobs in customer services or catering, for example, while possibly seen as unskilled jobs, cannot be characterised as unskilled in terms of the nature of the activity that needs to be carried out.

The variety of sectors and job roles that reflect the need for seasonal labour points to the need for a range of tailor-made immigration solutions. As we have heard this afternoon, that should not preclude the upskilling of the domestic workforce and increasing participation among underemployed sectors of the domestic workforce, such as older workers or those who are not in education, employment or training. It is important to say, as have heard this afternoon, that seasonal jobs are not always attractive to UK workers. It is not just that they cannot be bothered to do them in all cases. It may be that they live in the wrong part of the country and have family commitments, and so cannot move to take seasonal work. Low pay may make it simply economically unviable for UK workers to take some of these posts, and the arduous physical nature of the work, which we heard about from the hon. Member for Angus and others, means that older workers might struggle to take up the hours of work in those jobs.

Already, a number of sectors have expressed alarm about the impact of Brexit on long-term access to labour. As Professor Jonathan Portes said, we need to attend not just to the question of the UK choosing which migrants come to this country but to making sure that the migrant labour that we need chooses to come to us. Yet even as early as the beginning of last year, alarm bells were sounding from a range of employers and recruiters. Lee Biggins, the founder of CV Library, told the drinks business last year that hospitality and agriculture bosses might struggle to find staff as Brexit negotiations got under way. Similar concerns were expressed by Tim Rumney, of the Lake District Hotels Association, in February 2017. As the hon. Member for Chichester (Gillian Keegan) pointed out, it is important to note that not just short-term labour market needs but often our long-term needs are met by seasonal workers coming and gaining skills, and then staying on and progressing to fill skills gaps in industries in this country over a longer period.

The Recruitment and Employment Confederation reports that recruiters were already struggling to fill some low skilled roles before the 2016 referendum. It points out that increasing labour shortages could lead ultimately to higher costs for consumers as a result of higher recruitment costs, greater bureaucracy to bring in migrant workers and the cost of visas for more migrant workers, which SMEs who gave evidence to our all-party group inquiry would be unable to absorb and would need to pass on to customers. Consumers might also experience a knock-on effect on service levels, and for the workers themselves there would be an increased risk of exploitation and illegal working, which is a concern.

The Recruitment and Employment Confederation also says, as we have heard repeatedly this afternoon, that while automation is clearly part of the solution to our labour needs in a number of seasonal sectors, it will be practically and economically viable for only some of the labour currently performed by low-skilled seasonal workers, at least for the foreseeable future. Interim solutions—quite long interim solutions—are therefore needed now for a number of sectors.

Whatever immigration schemes Ministers devise in the coming months as we anticipate our departure from the EU, they must not be solely designed on the basis of EU workers currently working in full-time permanent positions and the need to replace that form of labour in the UK. The evidence points clearly to the need for a range of tailored solutions. We have heard much this afternoon about the possibility of reinstating a seasonal agricultural workers scheme and other sector-specific solutions, although the Institute for Employment Studies points out that too many sector-specific solutions will increase, rather than reduce, complexity for employers.

The focus must be on designing simple and cost-effective reasonably priced application processes, recognising that it is employers who will bear the costs, but that they will pass those costs on to customers at the end of the line. It is not possible to look at blanket approaches to setting salary or skills thresholds, and it is very important that appropriately light-touch processes take place at our borders to enable migrant workers to come in. At the same time, immigration strategy must pay careful attention to the impact on host communities. Local authorities need to be supported and encouraged to develop strategies for integration, even of short-term workers, to improve community cohesion and avoid seasonal workers facing ostracism, isolation and abuse.

Finally, the Government will of course rightly want to give attention to the risks of exploitation and, in its most extreme form, trafficking and abuse. That clearly requires the enforcement of decent working conditions and minimum wages, working with employers and employer bodies to stamp out abuse, and ensuring that there are good sources of independent information and advice available to migrant workers both in their home countries and when they arrive here.

All these strategies are emphasised in the draft global compact on migration, which is now being negotiated at the United Nations. They point to the need for a holistic strategy in the immigration White Paper, which we anticipate in the next few months. I conclude by saying to the Minister that it is important that the strategy and White Paper come forward as soon as possible. Clarity is needed now for businesses and workers alike.

Oral Answers to Questions

Kate Green Excerpts

Monday 26th February 2018 Commons Chamber

[Amber Rudd]

I thank my hon. Friend for bringing that up, and I join her in thanking her council for doing that. The great success of the Syrian and vulnerable people resettlement scheme was something that I was able to celebrate last week, when we passed the halfway mark—we passed 10,000, of whom half are children. It is the generosity of British people and the support of local authorities and councils that has allowed that to take place. We must all be mindful of the work that our councils and communities do.

[Kate Green (Stretford and Urmston) (Lab)]

I am very pleased that one of the first families to be resettled from Syria under the community sponsorship scheme lives in my constituency. But they are trying to bring over their parents for an important family visit, and the parents are in a refugee camp in Lebanon and cannot supply the necessary evidence to complete their application. Will the Home Secretary or Immigration Minister meet me to discuss the case and the wider issue affecting refugees seeking to make visits here?

[Amber Rudd]

I understand the difficulty and heartbreak that there can be for the wider families when families are resettled over here. We have to allow the UNHCR to do its job and to make its selection based on who is the most vulnerable. There are some schemes, small though they are, that allow for additional family resettlement. I welcome the hon. Lady meeting one of my ministerial colleagues to discuss the matter, but I must put before the House the fact that, although we do resettle families, resettling the wider family would take up too much of the space allowed.

Immigration White Paper

Kate Green Excerpts

Monday 5th February 2018 Commons Chamber

[Caroline Nokes]

Whether deal or no deal—we are confident that there will be a deal—we will need a new immigration system that takes account of the fact that we will have left the European Union. The hon. Gentleman makes an interesting point about different sectors of the economy. That is one of the many reasons why we have asked the Migration Advisory Committee to consider what our policy should be, and that will give businesses a chance to feed in their views.

[Kate Green (Stretford and Urmston) (Lab)]

The Recruitment & Employment Confederation reports that in many sectors there are already insufficient UK applicants to fill the vacancies that exist today. Business cannot carry on with this uncertainty for much longer, so may I urge the Minister to bring forward the White Paper and the immigration Bill at the very earliest opportunity for the sake of our businesses?

[Caroline Nokes]

I reassure the hon. Lady that we continue to consult businesses and the universities sector, and that is part of the reason why we have asked the MAC to bring forward a report for us by the autumn. It is really important to us that we get our immigration policy right, which is why we have not yet brought forward the White Paper and the Bill, but we intend to.

People with Mental Health Problems: Detainment

Kate Green Excerpts

Wednesday 31st January 2018 Westminster Hall

[Mr Carmichael]

Thank you, Mr Hosie; I am grateful for your chairmanship.

I am delighted to have obtained the opportunity to bring this matter before the House. It strikes me that there may be a large cross-over between many of the people whom we are about to discuss and those with whom the House has just concerned itself.

In recent years, as a community and a society, we have made remarkable progress on our attitudes to mental health. To talk about mental illness is no longer the taboo that it was when I was growing up, and as a consequence we have seen remarkable progress in recent years in relation to the treatment of people, especially in our national health service.

Today, I will focus attention on a slightly different aspect of this issue—one that does not get the same attention as the treatment of people with mental health problems in the NHS. I will talk about the experience of people who come into contact with the criminal justice system—initially, of course, with the police, then with the prosecution services and, possibly, the prison authorities. The purpose of this debate is to make it clear to the Minister that within those agencies of the state, we need a change of attitude and culture similar to those we have seen in other aspects of our daily life.

It is surprising that this issue does not get more attention. Many of the people about whom we are speaking often exhibit in public or private what might euphemistically be called “challenging behaviour”, which is a symptom or consequence of their mental illness. It seems to me that at all levels—in the police, the prosecution services, the courts and the prisons—we need a greater level of understanding of their life experience and, as a consequence, better implementation of procedures. In fact, many procedures are pretty good but, as I will come on to explain, they are not followed in a way that is appropriate or that was intended when they were put in place.

I confess that I had rather thought that, within the criminal justice system, we had got beyond that point. Almost a quarter of a century ago, both as a trainee solicitor in Aberdeen and as a prosecutor, I railed against some police officers who, at that stage, still reported people who had attempted suicide, alleging that they had breached the peace. That attitude belonged in the 19th century, not the 20th, and I hope that such things would not happen today. However, it illustrates the underlying attitude that requires exposure.

My interest in this issue was first engaged as a result of a constituent—a lady resident in Orkney—who came to see me because she was concerned about the treatment of her son. This is not an isolated case. From discussions that I have had with people in the police, the criminal justice system and social work, I believe that it illustrates pretty well many of the ways in which the criminal justice system fails to meet the needs of people in our community, especially those who suffer from mental health problems.

I will not name these people; my constituent and her son want to retain their privacy, which is perfectly legitimate. However, the Minister should be acquainted with this case; last week, I forwarded him my correspondence file, which is fairly substantial, so that he would be aware of the background.

My constituent’s son is resident in Romford. He has a history of mental illness problems, but prior to the episode that I will discuss he had taken himself off some of the medication that he had been prescribed, because it had side effects that disagreed with him. He was reported missing by his partner on 27 April 2014. She contacted the police because she was concerned that he might kill himself. Eventually, he was traced by two police constables to a shopping centre in Romford. Questioned by the constables on the street, he told them that he was in possession of two kitchen knives, and at that stage he said that he did not intend to harm others; later in an interview, he said that he was considering harming some of those he loved.

The detaining officers—the two police constables on the street—proceeded, quite rightly in my view, to detain my constituent’s son under section 136 of the Mental Health Act 1983. Given the information that his partner had provided the police and what he himself had said to them in the street, that seems to have been an entirely sensible step to take. Afterwards, as a standard procedure, the constables contacted their station sergeant. The sergeant instructed them to take him—let us just call him “M” for the purposes of today—not to a place of safety, that is the hospital, but back to Romford police station, where he would be interviewed under caution. That was done and the interview was conducted. There was no legal representation for M when he was in the police station and there was no appropriate adult present either.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate the right hon. Gentleman on the speech he is making. Does he agree that, at that point in the police station, it should be a requirement of the system for investigating officers to inquire as to whether the individual is already under treatment by a mental health team and, if so, for them to seek information from that team about the individual’s psychological condition?

[Mr Carmichael]

I am almost certain that if the medical condition being experienced by the person in custody was physical rather than mental, that course of action would be routine—simply what was expected. That is what I mean when I talk about a culture change being necessary. We need to treat people with mental illness in exactly the same way as we would treat people with a physical illness.

In fact, M disclosed in the course of his interview under caution, which unfortunately was not tape-recorded, that he was hearing voices and that he had been on medication, but had stopped taking it because of its various side effects. At the conclusion of the interview, he was charged with possession of a bladed article under section 139 of the Criminal Justice Act 1988. He was seen by medical professionals at some point in the course of his detention. I eventually had to submit on behalf of my constituent a data subject access request to get the custody records to find out the names of those medical practitioners. I still do not know their qualifications or whether they had, as the hon. Member for Stretford and Urmston (Kate Green) mentioned, access to the records that would have disclosed his full treatment history.

My constituent’s son eventually appeared the next day, 28 April 2014, at Barkingside magistrates court. He pleaded guilty and was remanded in custody until 12 May for psychiatric reports. Those were not available on 12 May or 14 May—a familiar story for anyone who deals with the summary courts—and he eventually appeared on 21 May, when those medical reports were available. Unfortunately, at that point it was apparent that the probation service reports were not available. It was 11 June before his case was finally disposed of. He was admitted to bail on 21 May and sentenced on 11 June. He was placed on a community order for six months on the condition that he remained under the supervision of the police service. In the meantime, he spent something in excess of three weeks in Pentonville prison, on remand and in custody, and 24 hours in police custody over a case that ultimately resulted in a community disposal.

I have enormous regard for those who staff and manage our prisons, but I do not know of any body of work that suggests that people suffering from a mental health problem are ever helped by being locked up in prison. That is essentially the point here. If my constituent’s son had been taken not to the police station, but to a hospital where he could have been treated and stabilised at the earliest possible stage, an inappropriate use of resource would have been avoided and he would have got the treatment he required.

Following the community order, I became involved with my constituent and a lengthy correspondence ensued. Fast-forwarding to 12 February 2015, I eventually received a letter from a deputy assistant commissioner at the directorate of professionalism within the Metropolitan police—she is a fairly senior officer—that concluded that my constituent’s son’s

“welfare and mental health was correctly managed during his time in police detention and that he was assessed as being of sufficient mental capacity to understand his actions on the day in question.”

She concurred that the officers had “acted correctly.” Unsurprisingly, my constituent was disinclined to let matters rest at that point. There was further correspondence, including with somebody with the glorious title of “professional standards champion”. That was not particularly fruitful, and it led eventually to a complaint to the Independent Police Complaints Commission.

On 25 January 2016—this is getting on for two years after the initial incident—the IPCC upheld the complaint. It observed in passing that the constable who had been the original arresting officer had received management action in relation to the Metropolitan police’s mental health policy; I pause here to say in parentheses that the only person in this whole sorry saga who acted correctly was the original arresting officer. At every stage in the process, he seems to be the one who gets the training, the management interventions and the counselling. If this poor constable is sitting somewhere in a police station in London sticking pins into an effigy of me, I would not blame him, but he was never the object of our concern. It was the failure of those above him to implement their own procedures properly that has probably brought us to this point today.

Thereafter, the correspondence between the Metropolitan police and me discloses a culture that requires change. The concept of professionalism, a directorate of professionalism and professionalism champions seem to exist for the purpose of protecting police officers, rather than admitting fault, learning from the experience and moving on. Those things exist for the protection of colleagues, rather than the investigation of complaints. To this day, I still do not know the qualifications of the force medical examiner who saw my constituent’s son in custody. I suspect that having made a data subject access request, I will get that information if I go to the Information Commissioner, but the fact that I have to anticipate that tells us everything we need to know about how such complaints are handled.

In many ways, my constituent’s son is fortunate. The episode was not perhaps as acute as it might have been. He is particularly fortunate to have a mother who is an intelligent, strong-willed, determined and articulate woman. She was never going to be fobbed off with excuses or half-answers. Without the support of his mother in Orkney or the support my office has been able to give him through her being my constituent, I am pretty certain that these questions would have gone unanswered. I am pretty sure that the original arresting officer will be inclined in the future simply to do what he has been told by his superiors. In that way, the culture and the mistakes continue.

The Metropolitan Police Service could probably have dealt with this issue in April, May or June 2014 had they simply accepted that they made a mistake and apologised. They did not do so because of the culture that exists. I suspect and have good reason to believe—I speak often to police officers and others within the criminal justice system in London and other parts of the country—that that culture continues to exist. That requires change if we are to give people who suffer mental health illnesses and who come into contact with the criminal justice system the treatment and respect they deserve.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It is a great pleasure to serve under your chairmanship, Mr Hosie. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this debate and the way in which he presented it. Perhaps coincidentally, it follows a debate I was here for yesterday on perceived failings in the way in which the criminal justice system deals with people on the autism spectrum.

The underlying challenge is the same: it is about awareness, understanding and ensuring not just that the right protocols are in place, but that they are implemented by human beings. That is a challenge, and I wholly endorse what the right hon. Gentleman said about the progress we have made as a society and a Parliament in our understanding of mental health and the consequential priority that we need to attach to it. I pay tribute to his work on that in the Cabinet of the coalition Government, and to the work of many of his colleagues, not least the right hon. Member for North Norfolk (Norman Lamb), who is tireless on this subject.

We have made progress, but the right hon. Member for Orkney and Shetland is entirely right to raise tough questions about implementation and culture inside the criminal justice system and the police system. I do not think anyone would argue that the police are the agency best suited to dealing with people who are solely or primarily unwell by virtue of mental ill health, but the reality is that the police spend a lot of their time dealing with, supporting and safeguarding people on the mental health spectrum.

I have just completed a tour of our police system in which I talked to every single police force in England and Wales. One of the most consistent themes in all those conversations was concern about the increasing amount of time that our police officers spend with people who have a spectrum of mental health concerns. In some of those cases, that is entirely right and appropriate, because those people may be pursuing criminal activity or there may be a public safety issue. Increasingly, however, the police are being called into situations to which those two criteria do not apply. That is increasingly uncomfortable territory for them, because they are not necessarily the most appropriately qualified people to deal with such situations.

Let me address the right hon. Gentleman’s fundamental point about culture. I must put on record some of the improvements and the good things that are happening, but I need to acknowledge that there remains a stubborn cultural issue around how the police, and other bits of the public sector system, respond to complaints. I have been very explicit with the new chief executive of the Independent Office for Police Conduct, which is the new body that is taking over from the Independent Police Complaints Commission, that the Government, the IOPC and the police need to work together to try to change the culture. That is much easier to say than to do.

Too often when something goes wrong, as it inevitably will, there is a tendency to circle the wagons, blow smoke and protect the police family. We need to move away from that, and towards a culture of learning from mistakes. That is how the police improve. I argue strongly that doing so is very much in the interests of the police family, because we police by consent. That is built on a foundation of trust in our police system. Incidents such as that which the right hon. Gentleman recounted chip away at confidence and trust in our police. Therefore, it is in the interests of the police system to embrace the need for a new culture. When I speak to the superintendents conference, they volunteer that that is what we need to do.

It is a cultural change. I do not think the problem is necessarily with the frameworks, the procedures, the standards or the rights of prisoners in custody. We have made considerable progress on that, but I acknowledge that there remains a stubborn problem with its implementation in practice.

[Kate Green]

I accept what the Minister says about culture, but I wonder whether he could look at one systems issue, namely the matter of obtaining medical information from a person’s own mental health practitioner where an individual in detention is already under the care of mental health services. I understand that is not part of routine procedure at the moment. Will the Minister go and look at that, and see whether it should be?

[Mr Hurd]

I certainly give an undertaking to the hon. Lady that I will look into that. Prisoner rights in custody are pretty clear in terms of the duties on a custody officer—a custody officer is required to determine whether a detainee is, or might be, in need of medical treatment or attention, and to make sure that he or she receives appropriate treatment or attention if he or she appears to be suffering from an illness or injury or a mental disorder—but I give the hon. Lady that undertaking and will write to her.

Having acknowledged the point made by the right hon. Member for Orkney and Shetland, I want to place on record some of the genuine improvements that have been made. He raises a real concern, which has weight in the police system because of the amount of time police officers spend, in the modern age, dealing with people on the mental health spectrum.

A considerable effort has been made in recent years to improve local responses. Crisis care concordat partnerships have been successful in pushing people together at a local level to address long-standing issues such as the overuse of police cells as places of safety. As I have gone around the system, I have been very impressed to hear about the various triage schemes in many areas. Those schemes encourage closer working and exchange of real-time information between the police and health professionals. There are different models. Some have health staff embedded in police control centres. Others have health professionals working alongside police on the ground, and sometimes in the custody suites. The common feature of those models is that they enable the police to deal more confidently with people in crisis, informed by professional advice about the best solution.

Many areas are developing community-based voluntary sector or partnership drop-in centres—sometimes called crisis cafes or places of calm—to which those who feel themselves nearing a crisis may be referred, or may self-refer, for support and advice. Such co-operation mechanisms have resulted in a significant and, I hope, welcome reduction in the use of police stations for those who have committed no offence. In 2016-17, a little more than 1,000 such uses were recorded, compared with just under 8,500 in 2012-13, so there is progress on that front.

We are changing the powers available to the police under the Mental Health Act 1983. In particular, the use of police stations as places of safety has been completely banned for under-18s. For adults, regulations now set out very specific criteria on when a police station can be used. Police officers are required, if practicable, to consult a mental health practitioner before detaining a person under section 136, but I will come back to the hon. Member for Stretford and Urmston (Kate Green) with a more refined position on requirements to consult the individual’s own medical practitioner.

The period for which a person may be detained for the purposes of a mental health assessment under section 135 or section 136 is now reduced to 24 hours to ensure such assessments and arrangements for further care are completed as swiftly as possible and that people are not unnecessarily delayed. Police powers to detain a person under section 136 have been extended to any place other than a private dwelling, enabling the police to act promptly in places such as workplaces.

Better community partnership and changes to the 1983 Act have clearly made a difference.

Law Enforcement Co-operation and Border Control: Schengen Information System

Kate Green Excerpts

Tuesday 19th December 2017 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

I shall speak only briefly, and very specifically, about the implications of SIS II and the new regulation on the protection of children.

Police and judicial co-operation and the necessary cross-border infrastructures and mechanisms referred to earlier by the hon. Member for Bromley and Chislehurst (Robert Neill), the Chair of the Justice Committee, are very important to child protection. Increasingly, victims of complex cross-border crime are children: they are victims of, for example, trafficking, sexual exploitation and online abuse. As the Minister said, the new regulation will support a more proactive alert system in relation to children who are at risk of going missing, and that includes cases of parental abduction. It will mean that pre-emptive alerts can be placed on the system to enable the authorities to act before a child goes missing rather than afterwards.

While I welcome the Government’s decision not to opt out of this part of the SIS and the increased protection for children, I am—like my hon. Friend the Member for Sheffield, Heeley (Louise Haigh)—concerned about the position if we leave the European Union in March 2019, and the possible uncertainty about the security and crime co-operation arrangements that will then be in place. I understand that the new measures that are currently being discussed in the EU are likely to be agreed before the Government’s intended exit date, but unlikely to be implemented until later. It is not clear whether they might be implemented during a potential two-year transition period, or even after that.

The Minister said that the Government want to be able to negotiate new arrangements for security law enforcement and criminal justice co-operation, but, as we heard from my hon. Friend the Member for Sheffield, Heeley, my good friend the hon. Member for Stone (Sir William Cash), who chairs the European Scrutiny Committee, has received a letter from the Minister which leaves us none the wiser about what specific measures such an arrangement might include.

Let me say very strongly to the Minister that the protection and welfare of children must be paramount in any new arrangements that are negotiated, and that includes seeking to maintain the benefits that we currently secure from our participation in SIS II and the stronger protections that the new regulation will introduce. There are practical questions about how that will be achieved. We heard about some of the circumstances relating to third countries that cannot create or enter alerts in SIS II, or use the infrastructure to search the system and exchange information. I understand that under article 62 of the proposed regulation, that will continue to be the case, and that, post Brexit, the UK would not be able to benefit from the data that some offer, and to lodge data as we can now.

It is true, as we heard, that other countries have been able to agree specific access arrangements with the European Union. Does the Minister think that the UK could follow a similar route to maintain access, particularly in relation to child protection, and thus effectively remain within the ambit of SIS II? In that case, article 62 would have to be amended, or is the Minister thinking of some other arrangement for the UK to access and enter information? Failing such an arrangement with the EU if we leave in March 2019, does the Minister think it will be necessary, or indeed possible, for us to have bilateral arrangements with each of the 27 EU countries? If that is the route that he envisages we might have to follow, what assessment has he made of the risks it would pose to children and how would they be mitigated?

Finally, even if we are able to remain in some way within the SIS II system and continue to share and deposit information, there would be gaps in protecting children if we leave the EU and lose the provisions of Brussels II in relation to family law. Yesterday’s written ministerial statement in response to the Justice Committee report on the implications of Brexit for the justice system was quite complacent about alternatives to Brussels II. There are potentially catastrophic consequences for children and families as we face considerable uncertainty about the loss of provisions in Brussels II that govern choice of law and enforcement.

We are not talking about whether the EU is dictating and making our laws; we are talking about mechanisms that enable us to ensure that protections and enforcement measures, and access to information and the sharing of information, can continue to be used and enforced if we leave the EU. In particular, mechanisms must be put in place to ensure that there is no weakening of the protection currently available to ensure the safeguarding of children. I hope the Minister will in his concluding remarks be able to give some assurances that that will remain paramount in the Government’s thinking.

Online Hate Speech

Kate Green Excerpts

Thursday 30th November 2017 Commons Chamber

[Amber Rudd]

The hon. Lady might refer her friends in the community to the comments made by my right hon. Friend the Secretary of State for Communities and Local Government. He very much made his comments as a Muslim, and I think that other Muslims in this country might take comfort from them.

We are making sure that we provide the leadership necessary to have as much as possible of the hate speech and illegal information that is sometimes put online taken down. The House must understand that the relationship with the US is critical to making real progress with the online companies. They are American companies; they are based in Silicon Valley; they are subject to US law. If we are going to make real progress with these internet companies, we have to do it in close alliance with our American friends.

[Kate Green (Stretford and Urmston) (Lab)]

When the Prime Minister has her next regular conversation with the United States President, could the Home Secretary ensure that she conveys to him that the purveying of this kind of hate speech simply serves the ends of those who wish to promote hatred between different communities in my constituency? Will she undertake to ask the Prime Minister to tell him that every time this kind of hate speech is perpetrated my black, Muslim, Jewish, Sikh and other minority constituents feel more fear and fear alienation and suspicion from others in the community, and that the President will not be welcome in this country because he is perpetrating and extending that hate speech?

[Amber Rudd]

We are clear that the sort of hatred that she describes and the sort of division that is sown by Britain First, for instance, is unwelcome here in the UK. We will always take action to call it out. We operate in the Home Office to take down information that gets up on the internet that should not be there. We take down about 2,000 pieces of terrorist content a week. We are always stepping up to ensure that there is more information out there that can help to bind our communities together. I share the hon. Lady’s view. I have the same response in my constituency. I want to be absolutely clear that our communities will hold together, and that we abhor all hate crime, and we will always say that.