Police, Crime, Sentencing and Courts Bill

Debate between Lord Wolfson of Tredegar and Lord Bassam of Brighton

Committee stage & Lords Hansard part one
Wednesday 20th October 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, I begin by placing on the record my apologies for not being in my place at Second Reading for personal family reasons. I also place on record my thanks to many noble Lords for their kind and supportive words and messages; I am very grateful.

Turning to the substance of the matter before the Committee today, Clause 2 of the Bill proposes an increase in the maximum penalty for the offence of common assault and battery when that offence is committed against an emergency worker. The definition —this is important—of “emergency worker” is set out in Section 3 of the Assaults on Emergency Workers (Offences) Act 2018. The pandemic has reminded us, if we needed reminding, that the vital front-line role that our emergency workers play, and indeed always have played, is of immense importance to our society. But we have recently seen an increasing number of assaults being committed against emergency workers in the course of their duties. This will simply not be tolerated.

Last summer, we delivered on our manifesto commitment to consult on this issue. We found that the large majority of respondents supported our proposal to double the maximum penalty to two years. This will ensure that the law provides our police and other emergency workers with sufficient protection to carry out their duties and will enable the courts to pass sentences that reflect the severity with which we view these offences. This measure builds on previous legislation introduced by the Government back in 2018. We have enhanced already the protection of emergency workers where more serious assaults such as ABH and GBH are committed—I think the noble Lord, Lord Paddick, made this point. These more serious offences obviously carry higher maximum penalties than common assault. Where such offences are committed against an emergency worker acting in the course of their duties, this is regarded as an aggravating feature of the offence, warranting a higher sentence.

Let me deal first with the amendment from the right reverend Prelate the Bishop of Gloucester. I am grateful to her for tabling the amendment, and to the right reverend Prelate the Bishop of Durham for acting as her spokesman this afternoon—I was going to say, “as the Aaron to her Moses”, if I may put it in those terms. The purpose of her amendment is to broaden the definition of “emergency worker” to encompass all staff in custodial institutions. The Committee will be aware that all prison officers, prisoner custody officers and those who exercise functions associated with these professions are already included in the existing definition of “emergency worker” from the 2018 legislation.

The problem is that broadening the definition of “emergency worker” can have unintended consequences. The broader definition would capture anyone employed or engaged to carry out functions in a custodial institution, which can extend to prisoners who undertake jobs within the institution. The amendment would then place this group of convicted prisoners on the same statutory footing as prison officers, constables and NHS staff. That would be unacceptable.

By means of increasing the maximum penalty for the assault of an emergency worker, we want to protect those who protect others. That is why it is right that emergency workers are on a different statutory footing. Clause 2, therefore, does not seek to amend the underlying definition of “emergency worker” that was accepted by Parliament when passing the 2018 legislation. I acknowledge the point made by the noble Baroness, Lady Fox of Buckley, given the work of the Bar Council in this area, but it is right, I suggest, that we acknowledge the special position of emergency workers, as Parliament did back in 2018.

Of course, that is not to say that any form of violence in custodial institutions is acceptable; it plainly is not. We want to make sure that our prisons are safe for all staff, as well as all prisoners. Picking up on the point from the noble Lord, Lord Ponsonby of Shulbrede—

[Lord Bassam of Brighton (Lab)]

I have a pertinent question. I am troubled by the rather lame excuse that the noble Lord offers from the Dispatch Box about the “unintended consequences”. Surely it would be very simple to put in place an exemption that barred prisoners from benefiting from that clause. I cannot understand why the noble Lord is so resistant to this particular move; there must be a workable way round it. I have been a Home Office Minister and have had lame excuses written for me—this sounds like one of those.

[Lord Wolfson of Tredegar (Con)]

I am afraid that the noble Lord appears to have missed the point of principle that I made before making what he characterises as a lame excuse, but which I thought was in fact rather a good point. The point of principle is that we have a definition of “emergency worker”, which Parliament accepted back in 2018. It is a good working definition, and we shall stick with it; that is a point of principle. The point on this amendment was that it goes too far because it has those unintended consequences. The noble Lord should not lose sight of my first point by concentrating only on the second, which he regards as lame and which I regard, from a legal perspective, as quite a nice point—I do urge upon him the point of principle as well.

I was coming to the point that we value prison officers. The noble Lord, Lord Ponsonby of Shulbrede, laid down the gauntlet and asked that we do so from the Dispatch Box. Of course we do. Our position on this amendment has nothing to do with not valuing prison officers or the work that anybody does in prison.

The right reverend Prelate the Bishop of Durham asked what we were doing to protect prison staff. Those who carry out corresponding functions to prison officers and prison custody officers are already included in the definition of an emergency worker. Offences against those people will be treated as an aggravating factor in sentencing guidelines. That is what I wanted to say in response to that amendment.