NHS

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Thursday 23rd May 2024 Commons Chamber

[Victoria Atkins]

It is going better than it is in Wales. Under the Labour-run NHS in Wales, a quarter of people are on a waiting list in that part of the NHS. The number of patients waiting two years is higher in Wales than it is in England. Patients are waiting on average six weeks longer in Labour-run Wales than in England. If that performance were replicated here in England, waiting lists could be as much as six million higher. The choice is clear: unfunded Labour failure or a clear plan for a more secure future with the Conservatives.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Health and Social Care Committee.

--- Later in debate ---

[Victoria Atkins]

I thank the right hon. Lady for all her work. She may recall that, when the inquiry was announced by the then Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), we had a debate on that matter where I spoke as a Back Bencher on behalf of a constituent; I very much hope that he and others gain some reassurance from the fact that I understand exactly the issues they have faced over many years. As Health Secretary, it is my responsibility, and indeed my privilege, to try to help them now.

In relation to the compensation schemes for those who have not yet received payments, I know that the right hon. Lady will have carefully pored through the responses of my right hon. Friend the Minister for the Cabinet Office and Paymaster General. We want to give the independent compensation authority—I underline independent because I am sympathetic to the sensitivities of families and victims around the role that the Department of Health and others played in their pain—and Sir Robert the chance to set up the scheme, assisted by the expert panel.

I promise the right hon. Lady that I have been discussing psychological support with the chief executive of NHS England for some time. We want to recruit the right people to conduct that incredibly sensitive work. It will take us a little more time, but I assure her that NHS England is acting quickly to bring in those services, we hope, by the end of the summer.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Father of the House.

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[Madam Deputy Speaker]

Order. I fear that my authority is draining away, so I will make another plea for brief questions. I thought the hon. Gentleman was going to set a superb example. However, I am sure the Secretary of State will now respond briefly.

[Victoria Atkins]

I very much share my hon. Friend’s concerns. I will take away what he has said, but I want to look into this issue, because I understand the points that he and our right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) have made.

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[Victoria Atkins]

That is an irresistible invitation, if I may say so, and I will very much look forward to visiting my hon. Friend’s constituency to support her in her campaign for a community diagnostic centre.

I think we are on the last question, Madam Deputy Speaker, so, as we enter into this general election period, may I give my sincere thanks to every single member of our NHS staff and to every single person working in social care across England? You all do amazing jobs, and it is my great privilege to serve as your Secretary of State. I wish everybody a very calm—not quiet—six weeks. The medics will understand what I mean by that.

[Madam Deputy Speaker (Dame Rosie Winterton)]

On that note, I thank the Secretary of State for her statement. Once again, I thank everyone who made very kind comments.

Cass Review

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Monday 15th April 2024 Commons Chamber

[The Secretary of State for Health and Social Care (Victoria Atkins)]

With your permission, Madam Deputy Speaker, I would like to make a statement on the Cass review of gender identity services for children and young people. May I say how pleased I am that we are joined by parents of children who have been affected by some of the issues raised in this review? I hope all of us will bear the sensitivities of this debate in mind as we discuss it this afternoon.

This review strikes hard and sure at an area of public policy where fashionable cultural values have overtaken evidence, safety and biological reality. This must now stop. As recently as 2009, the NHS’s sole gender identity development service at the Tavistock and Portman NHS Foundation Trust received fewer than 60 referrals for children and young people, and just 15 for adolescent girls. Since then, demand has surged. By 2016, over 1,700 children and young people a year were referred—a 34-fold increase. More than half were teenage girls. In 2022, more than 5,000 children and young people were referred to gender identity clinics, and almost three quarters were female.

This exponential increase in demand is not a coincidence; it has been driven by a number of factors which I will come to later, but at its heart it was driven by a myth. This myth was that for children and young people grappling with adolescence who were questioning their identity, their sexuality or their path in life, the answer to their questions was inevitably to change gender to solve their feelings of unease, discomfort or distress.

That near-uniform prescription was imposed on children and young people with complex needs without full and thoughtful consideration of their wider needs, including, as is set out in the report, conditions such as neurodiversity, experiences such as childhood trauma or mental health conditions, or indeed discovering who it is that they may one day fall in love with. Indeed, the response from some of the people who should have protected them—some of the clinicians in charge of their care at the Tavistock clinic—was almost always to put them on an irreversible path: blocking puberty, then prescribing cross-sex hormones, and on to surgery as an adult. In other words, such professionals were not asking the right questions of themselves or of their patients.

That is why in 2020, with the support of my predecessors, my right hon. Friends the Members for West Suffolk (Matt Hancock) and for Bromsgrove (Sir Sajid Javid), NHS England commissioned Dr Hilary Cass to examine the state of services for children questioning their gender. I would like to start by thanking Dr Cass and her team for undertaking a considered, comprehensive and courageous review into an extremely contentious area of healthcare. Since NHS England commissioned the review in 2020, they have meticulously unpicked what went wrong, what the evidence really shows and how to design a fundamentally different service that better serves the needs of children.

I must also thank those who raised the alarm and contributed to the review over the last four years: the clinicians who spoke up against their peers to blow the whistle about what was happening at the Tavistock clinic, even though it risked their careers; the journalists, academics and activists who listened to their stories and investigated further, even when they were derided as bigots and transphobes; the parents who were just trying their best to support their children, but were so badly let down by a service that vilified them for questioning whether the interventions offered were right for their children; and, of course, the young people themselves who have shared their experiences, including those who have gone through the pain of de-transitioning only to find out that the so-called “reversible” treatments they were offered are not in fact reversible.

The Cass review makes for sober reading. It is extremely thorough, so I will not attempt to cover all its recommendations today, but I genuinely encourage all Members to read the report in full. It should concern every single Member of this House that part of our public space—the NHS—was overtaken by a culture of secrecy and ideology that was allowed to trump evidence and safety. We say enough is enough; our young people deserve better, and we must do whatever it takes to protect them.

Since the publication of Dr Cass’s interim report in 2022, a series of important changes have been made, and I put on record my thanks to NHS England’s chief executive, Amanda Pritchard, and all those at NHS England who have worked hard with Dr Cass to implement them. On 31 March, the Tavistock clinic finally closed, having stopped seeing new patients a year earlier. Two new regional hubs have been opened, in partnership with the country’s most prestigious children’s hospitals, to ensure that children are supported by specialist, multidisciplinary teams. Indeed, another hub will follow in Bristol later this year.

In the past few weeks, NHS England made the landmark decision to end the routine prescription to children of puberty blockers for gender dysphoria. On the day of publication of Dr Cass’s final report, it announced that it is stopping children under 18 from being seen by adult gender services with immediate effect, and an urgent review on clinical policy for cross-sex hormones will now follow without delay. I also welcome NHS England’s plans to bring forward its full review of adult services, including Dr Cass’s recommendation for a follow-through service for young people up to the age of 25.

I also share Dr Cass’s concerns that clinicians who subscribe to gender ideology will try to use private providers to get around the rules. Let me give a very clear warning: prescribing is a highly regulated activity, and the Care Quality Commission has not licensed any gender clinic to prescribe hormone blockers or cross-sex hormones to people under the age of 16. Any clinic that does may be committing extremely serious regulatory offences for which its licence can be revoked and its clinicians can be struck off. My officials have been in contact with the CQC following the final report to ask that it looks again at the age thresholds in its licensing conditions.

The CQC has also reassured us that it will incorporate Dr Cass’s recommendations into their safe care and treatment standards for all care providers. That means that all new providers will be asked if their practices respect the Cass review, and all existing providers have to meet the same rigorous standards when they are reviewed by the CQC. My officials met the General Medical Council over the weekend, and will do so again in the coming days, to understand how it will ensure that every clinician on its register follows its code of practice and implements the wider findings of the Cass review.

It is morally and medically reprehensible that some online providers not registered in the UK have stated their intention to continue to issue prescriptions to children in this country. I am looking closely at what can be done to curtail any loopholes in prescribing practices, including legislative options. Nothing is off the table, and I will update the House in due course as we progress that work at pace.

Dr Cass also found that there was a lack of robust data on what happened to the 9,000 children who were treated by gender identity services between 2009 and 2020. Many went on to continue their treatment at adult clinics, and the University of York had been due to research the long-term consequences of treatment they received as children, so that we can properly support them through their journey into adulthood. It was expected to provide important insights into the clinic’s work, including how many patients de-transitioned and how many were also diagnosed with a mental health condition or an autism spectrum disorder.

This Government took the unprecedented step of changing the law to make it possible for adult gender clinics to share medical data with the university. All bar one of the adult gender clinics refused to co-operate with this vital research. To quote Dr Cass, that is “unacceptable”, but I would go even further: I think it is deplorable and a dereliction of their professional duty. I am pleased to update the House that following the publication of Dr Cass’s report, I have been informed that all seven clinical leads for the adult gender services now intend to fully participate in this important work.

Dr Cass also concludes that a cultural shift alone “does not adequately explain” the huge growth in young women being referred to gender services. She paints an alarming picture of digitally engaged young women who are frequently exposed to pornography involving violent, coercive, degrading and pain-inducing acts. Is it any wonder than more and more of them are looking for ways to opt out of becoming women? That is deeply troubling and, as Dr Cass makes clear, we have a duty to support those young women with considered, evidence-based care.

Our children deserve healthcare that is compassionate, caring and careful. Their safety and wellbeing must come above any other concern, and anyone who threatens it must be held to account. I will work with NHS England to root out the ideology that has caused so much unnecessary harm, to support those who have already received life-altering treatment, to give the next generation access to holistic care, and to protect our children’s futures. Anything less would be neglecting our duty to the next generation. That will not happen under this Government, and it will not happen under my watch.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

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[Victoria Atkins]

I thank my hon. Friend, who in her parliamentary career has done so much to shine a light on this sort of behaviour. She has espoused worries, both publicly and privately, about the children and young people at the heart of this matter. Looking to the future, the Tavistock clinic has shut. As I said, it stopped admitting patients a year ago. The new services that are already in place—the two new hubs, with plans to expand further across the country—are about ensuring a multidisciplinary approach to young people, so that, with exactly the experiences Dr Cass sets outs so starkly in her report, children are treated as human beings and patients, not as siloed conditions. One of the main problems that emerged with the Tavistock behaviour and the way it took place is that gender questioning was siloed in a way that no other health or mental health condition was. We want to move back to a place where clinicians are no longer scared of looking after children and young people with these issues, and that they see it as part of their general practice and general work. That is how we are best going to address the very complex needs of many of these children and young people.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Kirsten Oswald (East Renfrewshire) (SNP)]

I am grateful for advance sight of the statement.

Nobody’s identity should be up for debate, and nor should it be used as a political football. Dr Cass said in her report:

“Polarisation and stifling of debate do nothing to help the young people caught in the middle of a stormy social discourse, and in the long run will also hamper the research that is essential to finding the best way of supporting them to thrive.”

That polarisation is the last thing needed by young people in accessing care, their families and the NHS staff working hard to care for them. Does the Secretary of State agree that we must all remain respectful at all times when discussing these important issues, and that decisions on this and any other type of treatment should rightly be made by clinicians, not politicians?

Dr Cass explicitly makes the point that her report is not about questioning trans identities or rolling back access to healthcare for young trans people. Indeed, supporting and improving the gender identity healthcare system for all, including children and young people, is what we should be focused on. So can the Secretary of State confirm today whether any additional funding will be made available to ensure that young trans people can access the quality healthcare they need and deserve?

Finally, on conversion practices, the Government Equalities Office said last month in an answer to a written question:

“The Government expects to deliver a draft Bill that takes account of the independent Cass review”.

Can the Secretary of State provide an update on what conversations she has had with Cabinet colleagues on how the Cass review will influence the UK Government’s legislative proposals on banning conversion practices, and when can we expect them to be published?

[Victoria Atkins]

I encourage both the Scottish National party in Scotland and Labour in Wales—health is devolved in those countries, of course—to respond as quickly as possible to the findings of the review. The hon. Lady asks whether it is Barnett-ised. For these purposes, our work to ensure that the clinics meet the needs of our population in England is not additional money. We are re-prioritising within NHS budgets to ensure that the services are spread across the country. I encourage the Scottish nationalists to prioritise the needs of their children and young people in the same way.

I would also gently make the point that, when it comes to the atmosphere of this debate, I do not believe it has been helped by the SNP’s highly controversial Hate Crime and Public Order (Scotland) Act 2021. I note, for example, the behaviour and engagement on Twitter of very high-profile people in Scotland, and the impact that it has had when people have dared to name activists in this arena. I would also ask the Scottish Labour party to explain why it helped the SNP to pass that Act, because to me this seems to be all about the atmosphere.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Women and Equalities Committee.

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[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I want to get everyone in, but we really cannot have mini-speeches. We need questions that the Secretary of State can answer briefly.

[Victoria Atkins]

The brevity of my answer demonstrates my respect for the observations and experience of my hon. Friend the Member for Stone (Sir William Cash). I completely agree with him, and I will enjoy working with him on this.

NHS Dentistry

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Tuesday 9th January 2024 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Lady knows that she must not refer directly to other Members.

[Victoria Atkins]

I think the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) was raising her voice at me, but it was not me who heckled her. I recognise the passion she brings to her intervention, and I simply made the point that this is an Opposition day debate. The hon. Member for Ilford North understandably set out some of his plans, which is his job, and I was merely questioning him on the detail of those plans. Sadly, he was not able to provide that detail.

The long-term workforce plan is about not just training more staff but delivering value for hard-working taxpayers. Currently, around a third of dentists do not carry out any NHS work. This simply is not fair on the taxpayers who fund their training, which is why, through the long-term workforce plan, we are exploring the introduction of a tie-in period that encourages dentists, after they graduate, to spend a minimum proportion of their time delivering NHS care. We have also made it easier for experienced dentists from around the world to come to the UK to ply their trade, which is apparently something with which Labour Members do not agree.

Last year, we brought forward legislation to give the General Dental Council greater flexibility in administering the overseas registration exam. The Government welcome its decision to triple the capacity of the next three sittings of part one of the ORE, from August last year, and to increase the number of sittings of the second part of the exam from three to four, creating an additional 1,300 places. Ministers will continue to meet the GDC to discuss how we can make these flexibilities as effective as possible, to get more dentists into the NHS workforce delivering care for patients.

Finance (No. 2) Bill

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Report stage
Tuesday 20th June 2023 Commons Chamber

[The Financial Secretary to the Treasury (Victoria Atkins)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment (a) to new clause 4, at end insert—

“(2) The Treasury may by regulations amend subsection (1) by substituting a later date for the date for the time being specified there.”

Government new clause 5—Communications data.

New clause 1—Review of alternatives to the abolition of the lifetime allowance charge—

“(1) The Chancellor of the Exchequer must, within six months of this Act being passed—

(a) conduct a review of the impact of the abolition of the lifetime allowance charge introduced by section 18 of this Act and other changes to tax-free pension allowances introduced by sections 19 to 23 of this Act, and

(b) lay before the House of Commons a report setting out recommendations arising from the review.

(2) The review must make recommendations on how the policies referred to in subsection (1)(a) could be replaced with an alternative approach that provided equivalent benefits only for NHS doctors.”

This new clause requires the Chancellor to review the impact of the tax free pension allowance changes and to recommend an alternative approach targeted at NHS doctors.

New clause 2—Reports to Treasury Committee on measures to simplify tax system—

“(1) The Treasury must report to the Treasury Committee of the House of Commons on steps taken by the Treasury and HMRC to simplify the tax system in the absence of the Office of Tax Simplification.

(2) Reports under this section must include information on steps to—

(a) simplify existing taxes, tax reliefs and allowances,

(b) simplify new taxes, tax reliefs and allowances,

(c) engage with stakeholders to understand needs for tax simplification,

(d) develop metrics to measure performance on tax simplification, and performance against those metrics.

(3) A report under this section must be sent to the Committee before the end of each calendar year after the year in which section 346 (abolition of the Office of Tax Simplification) comes into force.”

This new clause would require the Treasury to report annually to the Treasury Committee on tax simplification if the Office of Tax Simplification is abolished.

New clause 3—Review of public health and poverty effects of Act—

“(1) The Chancellor of the Exchequer must review the public health and poverty effects of the provisions of this Act and lay a report of that review before the House of Commons within six months of the passing of this Act.

(2) The review must consider—

(a) the effects of the provisions of this Act on the levels of relative and absolute poverty across the UK including devolved nations and regions,

(b) the effects of the provisions of this Act on socioeconomic inequalities and on population groups with protected characteristics as defined by the 2010 Equality Act across the UK, including by devolved nations and regions,

(c) the effects of the provisions of this Act on life expectancy and healthy life expectancy across the UK, including by devolved nations and regions, and

(d) the implications for the public finances of the public health effects of the provisions of this Act.”

New clause 6—Review of business taxes—

“(1) The Chancellor of the Exchequer must, within six months of this Act being passed—

(a) conduct a review of the business taxes, and

(b) lay before the House of Commons a report setting out recommendations arising from the review.

(2) The review must make recommendations on how to—

(a) use business taxes to encourage and increase the investment of profits and revenue;

(b) ensure businesses have more certainty about the taxes to which they are subject; and

(c) ensure that the system of capital allowances operates effectively to incentivise investment, including for small businesses.

(3) In this section, ‘the business taxes’ includes any tax in respect of which this Act makes provision that is paid by a business, including in particular provisions made under sections 5 to 15 of this Act.”

This new clause would require the Chancellor to conduct a review of business taxes, and to make recommendations on how to increase certainty and investment, before the next Finance Bill is published.

New clause 7—Statement on efforts to support implementation of the Pillar 2 model rules—

“(1) The Chancellor of the Exchequer must, within three months of this Act being passed, make a statement to the House of Commons on how actions taken by the UK Government since October 2021 in relation to the implementation of the Pillar 2 model rules relate to the provisions of Part 3 of this Act.

(2) The Chancellor of the Exchequer must provide updates to the statement at intervals after that statement has been made of—

(a) three months;

(b) six months; and

(c) nine months.

(3) The statement, and the updates to it, must include—

(a) details of efforts by the UK Government to encourage more countries to implement the Pillar 2 rules; and

(b) details of any discussions the UK Government has had with other countries about making the rules more effective.”

This new clause would require the Chancellor to report every three months for a year on the UK Government’s progress in working with other countries to extend and strengthen the global minimum corporate tax framework for large multinationals.

New clause 8—Review of energy (oil and gas) profits levy allowances—

“(1) The Chancellor of the Exchequer must, within three months of the passing of this Act—

(a) conduct a review of section 2(3) of the Energy (Oil and Gas) Profits Levy Act 2022, as introduced by subsection 12(2) of this Act, and

(b) lay before the House of Commons a report arising from the review.

(2) The review must include consideration of the implications for the public finances of the provisions in section 2(3)—

(a) were all the provisions in section 2(3) to apply, and

(b) were the provisions in section 2(3)(b) not to apply.”

This new clause requires the Chancellor to review the investment allowances introduced as part of the energy profits levy, and to set out what would happen if the allowance for all expenditure, apart from that spent on de-carbonisation, were removed.

New clause 9—Review of section 36—

“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact on the public finances of the measures provided for by section 36 of this Act (‘the section 36 measures’).

(2) The assessment must include details of any analysis by the Treasury or HMRC of—

(a) the amount of additional tax raised by the section 36 measures and,

(b) the number of individuals who are required to pay additional tax as a result of the section 36 measures.”

This new clause requires the Chancellor to review the impact of the measures in the Act that affect people with non-domiciled status, including by setting out how many people will be required to pay additional tax and how much this will raise in total.

New clause 10—Review of new bands and rates of air passenger duty—

“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact of the changes to air passenger duty introduced by this Act on—

(a) the public finances;

(b) carbon emissions; and

(c) household finances.

(2) The assessment under subsection (1) must consider how households at a range of different income levels are affected by these changes.”

This new clause requires the Chancellor to publish an assessment of this Act’s changes to air passenger duty on the public finances, carbon emissions, and on the finances of households at a range of different income levels.

New clause 11—Review of impact of tax changes in this Act on households—

“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact of the changes in this Act on household finances.

(2) The assessment in subsection (1) must consider how households at a range of different income levels are affected by these changes.”

This new clause requires the Chancellor to publish an assessment of the changes in this Act on the finances of households at a range of different income levels.

New clause 12—Review of Part 5—

“(1) The Treasury must conduct a review of the provisions of Part 5 of this Act (electricity generator levy).

(2) The review must consider the case for ending or amending the charge on exceptional generation receipts when energy market conditions change.

(3) The report of the review must be published and laid before the House of Commons within six months of this Act being passed.”

This new clause would require the Government to conduct a review into the energy generator levy with a view to sunsetting the levy when market conditions change.

New clause 13—Review of effects of Act on the affordability of food—

“The Chancellor of the Exchequer must, within six months of this Act being passed, lay before the House of Commons an assessment of the impact of the measures of this Act, and in particular sections 1 to 4 (income tax), on the ability of households to afford the price of food.”

This new clause would require the Government to produce an impact assessment of the effect of the Act on the affordability of food.

New clause 14—Review of effects of Act on small businesses—

“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, lay before the House of Commons a report on the likely impact of the measures of this Act on small businesses.

(2) The report must assess the effect on small businesses of any taxes charged under this Act, in the context of other financial pressures currently facing small businesses including—

(a) the rate of inflation, and

(b) b) the cost of energy.”

This new clause would require the Government to produce an impact assessment of the effect of the Act on small business with particular regard to inflation and the cost of energy.

New clause 15—Review of effects of Act on SME R&D tax relief—

“(1) The Chancellor of the Exchequer must lay before Parliament within six months of the passing of this Act a review of the impact of the measures in section 10 relating to research and development tax relief for small and medium-sized enterprises.

(2) The review must compare the impact of the relief before and after 1 April 2023, with regard to the following—

(a) the viability and competitiveness of UK technology start-up and scale-up businesses,

(b) the number of jobs created and lost in the UK technology sector, and

(c) long-term UK economic growth.

(3) In this section, ‘technology start-up’ means a business trading for no more than three years; with an average headcount of staff of less than 50 during that three-year period; and which spends at least 15% of its costs on research and development activities.

(4) In this section, ‘technology scale-up’ means a business that has achieved growth of 20% or more in either employment or turnover year on year for at least two years and has a minimum employee count of 10 at the start of the observation period; and spends at least 15% of its costs on research and development activities.”

This new clause would require the Government to produce an impact assessment of the effect of changes to SME R&D tax credits in this act on tech start-ups and scale-ups.

Government amendments 9 to 13.

Amendment 1, page 12, line 30, leave out clause 18.

Amendment 2, page 12, line 37, leave out clause 19.

Amendment 3, page 13, line 31, leave out clause 20.

Amendment 4, page 14, line 1, leave out clause 21.

Amendment 5, page 14, line 11, leave out clause 22.

Amendment 6, page 14, line 20, leave out clause 23.

Government amendments 14 to 16.

Amendment 22, in clause 115, page 74, line 10, at end insert—

“(1A) The Chancellor of the Exchequer must, within one month of this Act coming into force, lay before the House of Commons an assessment of the impact of extending the provision of subsection (1) to wine which—

(a) is obtained from the alcoholic fermentation of fresh grapes or the must of fresh grapes and fortified with spirits,

(b) is included in one or more of the United Kingdom Geographical Indication Scheme registers, and

(c) is of an alcoholic strength of at least 15.5% but not exceeding 20%.”

This amendment requires the Chancellor to lay before the House an assessment of the impact of providing comparable transitional relief to fortified wine made from fresh grapes, such as port and sherry, as has been made available to other forms of table wine.

Amendment 20, in clause 264, page 188, line 7, at end insert—

“(2) The Treasury may by regulations amend subsection (1) by substituting a later date for the date for the time being specified there.”

Amendment 23, in clause 278, page 198, line 9, after “costs” insert “and relevant investment expenditure”.

This amendment is linked to Amendment 24.

Amendment 24, in clause 278, page 198, line 12 at end insert—

“Where the generating undertaking is a generator of renewable energy, determine the amount of relevant investment expenditure and also subtract that amount.”

This amendment, together with Amendments 23, 25 and 26 would allow generators of renewable energy to offset money re-invested in renewable projects against the levy.

Amendment 25, in clause 279, page 199, line 21, at end insert—

“a ‘generator of renewable energy’ means—

(a) a company, other than a member of a group, that operates, or

(b) a group of companies that includes at least one member who operates a generating station generating electricity from a renewable source within the meaning of section 32M of the Energy Act 1989;

‘relevant investment expenditure’ means any profits of a generator of renewable energy that have been re-invested in renewable projects;”.

This amendment is linked to Amendment 24.

Amendment 26, in clause 279, page 199, line 26, at end insert—

“a ‘renewable project’ is any project involving the generation of electricity from a renewable source within the meaning of section 32M of the Energy Act 1989;”.

This amendment is linked to Amendment 24.

Government amendments 17 to 19.

Amendment 7, page 265, line 2, leave out clause 346.

This amendment would leave out Clause 346, which abolishes the Office of Tax Simplification.

Amendment 21, in schedule 16, page 399, line 27, at end insert—

“(2A) The Treasury may by regulations amend subsection 2(a) by substituting later dates for the dates for the time being specified there.”

The aim of this amendment is to enable the Treasury to extend the permitted period for multinational groups to make transitional safe harbour elections, reducing the compliance burden, in the event that other countries are slow to follow suit in implementing these rules.

[Victoria Atkins]

Let me first thank all right hon. and hon. Members who have taken part in debates on the Finance Bill so far. Today is Report stage, but there has been intense scrutiny of many measures in the Bill, not just line by line in Committee on the Committee Corridor but, importantly, in Committee of the whole House. I hope that I will hear from right hon. and hon. Members on some of those discussions.

We are focusing on a number of proposed amendments to the Bill, which I will address in turn. Many of the Government’s amendments focus on ensuring the proper functioning of the legislation in response to scrutiny from businesses, business representative groups, parliamentarians and feedback. Others take forward responses to substantive issues that have emerged during the Bill’s passage. This is an exercise of how scrutiny in this place works, and I hope it works well. I will address each Government amendment in turn in this part of the debate. To reassure colleagues, I want to listen to the debates that will follow on non-Government amendments and proposed new clauses, and I hope to deal with points raised by right hon. and hon. Members when I wind up.

Government amendments 9 and 10 seek to ensure that our policy of full expensing achieves its intended affect. The existing wording can result in balancing charges being incorrectly calculated by not applying the correct apportionment to the disposal receipts. This is a straightforward and necessary technical adjustment to a policy that will help businesses to invest with confidence and boost UK productivity.

Government amendments 11, 12 and 13 provide that both the decarbonisation allowance and the existing investment allowance in the energy profits levy work as intended. They correct unintended exclusions by revising definitions to ensure that the investment allowances apply throughout the UK, in UK waters and on the United Kingdom continental shelf.

Government amendment 14 is a minor technical amendment that concerns the lifetime allowance—specifically, in clause 23, which allows modifications of certain existing transitional protections to ensure that stand-alone lump sums can continue to be paid to those who are entitled. The amendment clarifies the tax treatment for any amount above the limited 5 April maximum. The amendment is required to avoid an unintended outcome that would otherwise arise as a result of the removal of the lifetime allowance charge, whereby those who are entitled to stand-alone lump sums may not have been able to access their full benefit. The amendment corrects that. We are grateful to members of His Majesty’s Revenue and Customs pensions industry stakeholder forum for raising the issue.

New clause 4 relates to the domestic minimum top-up tax, which is part of the global minimum tax agreement. That agreement protects against large multinational groups and companies using aggressive tax planning and shifting their UK profits overseas. The amendment simply puts beyond doubt that the commencement date for the domestic top-up tax aligns with the multinational top-up tax and the internationally agreed timings, and no earlier. The start date is for accounting periods beginning on or after 31 December 2023. We will discuss the global minimum tax agreement in more detail later, precisely because it is of particular interest to right hon. and hon. Members. I will respond to those further arguments and suggestions when I wind up.

Finance (No. 2) Bill

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Committee of the whole House
Tuesday 18th April 2023 Commons Chamber

[Victoria Atkins]

I hope I have understood my hon. Friend correctly. I am always loth to draw direct comparisons, particularly at the Dispatch Box, between the way in which the US conducts its tax affairs and the way we do so, as the systems are different. He has alighted upon the changes that the previous President made. The current President has also indicated that he wishes to make changes, albeit perhaps in a different direction. I hope my hon. Friend will appreciate my being cautious before giving an answer. I do not know whether he is referring to the corporate alternative minimum tax and the global intangible low-taxed income provisions. If I may, I will write to him on this, because it is incredibly technical and I want to ensure that I answer him accurately.

Having taken that final intervention, I am very conscious that although this is a large piece of legislation, colleagues are rightly scrutinising it. I shall sit down now so that they have a chance to have their say on it. I ask that clauses 5 to 15, and 121 to 277, and schedules 14 to 18 stand part of the Bill.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I call the shadow Minister.

Finance Bill

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Committee stage
Wednesday 30th November 2022 Commons Chamber

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 4, in clause 2, page 3, line 3, at end insert—

“(3) The Chancellor of the Exchequer must lay before the House of Commons reports setting out—

(a) an assessment of the revenue that is generated by the energy (oil and gas) profits levy in the period to which the report relates,

(b) an assessment of the revenue that would have been generated in the period to which the report relates if the investment allowance had not been in effect, and

(c) the names of companies that have made use of the investment allowance and the revenue that would have been generated by them during the period to which the report relates if the investment allowance had not been in effect.

(4) The first report under subsection (3) shall be laid as soon as practicable after the 1 January 2023, in respect of the period 26 May 2022 to 1 January 2023.

(5) Subsequent reports under this section shall be laid every three months thereafter, and in respect of the period since the last report.”

This amendment would require the Government to produce an assessment of how much revenue would be generated by the Energy Profits Levy if the relief for investment expenditure had not been in effect, and to produce a quarterly report assessing how much revenue has been forgone because of the investment expenditure relief.

Clause 2 stand part.

Amendment 3, in clause 3, page 3, line 14, at end insert—

“(3) The Chancellor of the Exchequer must, within six months of this section coming into force, lay before the House of Commons an assessment of the revenue that would have been generated if, in section 1 of the Energy (Oil and Gas) Profits Levy Act 2022 (charge to tax), in subsection (3) (which sets out the accounting periods by reference to which the tax is charged), in paragraph (a), for ‘26 May 2022’, there had been substituted ‘6 October 2021’.”

This amendment would require the Government to produce an assessment of how much revenue would be generated by the Energy Profits Levy if it had been introduced on 6th October 2021.

Clauses 3 and 4 stand part.

Amendment 2, in clause 5, page 4, line 6, at end insert—

“(5) HMRC must contact every individual affected by the provisions of this section to inform them whether, as a result of the provisions of this section—

(a) they have become liable to pay the basic rate of income tax (when they were not previously so liable);

(b) they have become liable to pay the higher rate of income tax (when they were not previously so liable); and

(c) how much additional income tax they will pay as a result of the change.”

This amendment would require HMRC to contact every individual who become liable to pay standard tax or move from standard to higher rate, and how much additional tax they will have to pay as a result.

Clauses 5 to 9 stand part.

Amendment 5, in clause 10, page 7, line 23, at end insert—

“(8) The Chancellor of the Exchequer must, within six month of this section coming into force, and quarterly thereafter, lay before the House of Commons an assessment of the impact of the changes in this section on—

(a) the Secretary of State’s ability to meet the duty set out in section 1 of the Climate Change Act 2008,

(b) air pollution in the United Kingdom, and

(c) the provision of electric vehicle infrastructure and public transport in the United Kingdom.”

This amendment would require the Chancellor to produce quarterly assessments of the impact of the removal of VED exemption for electrically propelled vehicles on the UK’s climate change duties, air pollution and EV infrastructure and public transport.

Clauses 10 to 12 stand part.

New clause 1—Assessment of the impact of the investment allowance—

“(1) The Chancellor of the Exchequer must, within six months of this Act coming into force, publish an assessment of—

(a) the revenue that the energy (oil and gas) profits levy will yield,

(b) the revenue that the energy (oil and gas) profits levy would yield if the investment allowance did not have effect in respect of investment expenditure, and

(c) the revenue that the energy (oil and gas) profits levy would yield if the investment allowance did not have effect in respect of expenditure on decarbonisation by oil and gas companies.

(2) The assessment must cover the whole period that the levy is in effect and also assess the revenue in each tax year.

(3) The assessment must include an evaluation of the impact of the investment allowance on the United Kingdom’s ability to meet its climate commitments, including—

(a) the target for 2050 set out in section 1 of the Climate Change Act 2008,

(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008, and

(c) the commitment given by the government of the United Kingdom in the Glasgow Climate Pact to pursue policies to limit global warming to 1.5 degrees Celsius.”

This new clause would require the Government to publish an assessment of the impact of the investment allowance on revenue raised by the Energy (Oil and Gas) Profits Levy, including investment by oil and gas companies in UK oil and gas extraction and upstream decarbonisation. The assessment should also cover the impact of the investment allowance on the UK’s ability to meet its domestic and international climate targets.

New clause 2—Review of revenue from the Energy (Oil and Gas) Profits Levy—

“(1) The Chancellor of the Exchequer must, within three months of this Act receiving Royal Assent, publish an assessment of the revenue estimated to be generated from the Energy (Oil and Gas) Profit Levy in each of the financial years 2021-22 to 2027-28.

(2) In addition to an evaluation of the revenue forecast to be raised by the Levy, the assessment must include an evaluation showing the estimated revenue that would have been raised if each of the following had been the case—

(a) the qualifying accounting period specified in section 1(3) of the Energy (Oil and Gas) Profits Levy Act 2022 had begun on 3 January 2022,

(b) the rate of the levy had been increased to 38% under this Act, and

(c) the amount of additional investment expenditure had been reduced to 0% by this Act.”

This new clause would require the Chancellor of the Exchequer to publish an assessment of estimated revenue from the energy (oil and gas) profit levy in financial years 2021-22 to 2027-28, and set out how these figures would be affected if levy were backdated to 3 January 2022, and if the rate of levy was increased to 38%, and the amount of additional investment expenditure reduced to 0%, by this Act.

New clause 3—Research and Development tax relief policy—

“(1) The Chancellor of the Exchequer must, within three months of this Act receiving Royal Assent, publish an assessment of research and development tax relief for small or medium-sized enterprises.

(2) The assessment must include the Chancellor’s assessment of the effectiveness of R&D tax reliefs and plans he has to further reform of R&D tax reliefs.”

This new clause would require the Government to publish an assessment of their view on the effectiveness of R&D tax reliefs for small and medium-sized enterprises and their intentions for any further reform.

New clause 4—Research and Development tax relief fraud and waste—

“(1) The Chancellor of the Exchequer must, within three months of this Act receiving Royal Assent, publish an assessment of research and development tax relief for small or medium-sized enterprises.

(2) This assessment must include the following, in respect of each tax year since 2018–19—

(a) an evaluation of the amount of money that has been incorrectly deducted as a qualifying cost, or incorrectly paid as a tax credit, as a result of—

(i) fraud, and

(ii) error,

(b) set out, in relation to sums incorrectly deducted as a qualifying cost, or incorrectly paid as a tax credit—

(i) how many investigations have taken place,

(ii) how many prosecutions have been brought,

(iii) how many prosecutions have resulted in a conviction, and

(iv) how much money has been reclaimed.”

This new clause would require the Government to publish a statement on error and fraud in the SME R&D tax reliefs, including details of what actions they have taken in response.

New clause 5—Assessment of the impact of changes to the basic rate limit and personal allowance for tax years 2026-27 and 2027-28—

“The Chancellor of the Exchequer must, within three months of this Act coming into force, publish an assessment of the expected impact on an average earner of the provisions of section 5 (Basic rate limit and personal allowance for tax years 2026–27 and 2027–28).”

This new clause will require the Chancellor of the Exchequer to publish an assessment of the impact on average earners of the decision to freeze the basic rate limit and personal allowances for tax years 2026/27 and 2027/28.

New clause 6—Impact assessment of measures in the Act—

“(1) The Chancellor of the Exchequer must, within three months of this Act coming into force, publish an assessment of the impact of the provisions of this Act.

(2) This assessment must consider the effects of the provisions of the Act on—

(a) different regions and nations of the United Kingdom,

(b) people with different protected characteristics under the Equality Act 2010, and

(c) people with a range of different incomes.”

This new clause will require the Chancellor of the Exchequer to publish an assessment of the impact of the measures in this Act on people in different parts of the United Kingdom, and on groups of people with different protected characteristics and incomes.

New clause 7—Assessment of the impact of measures in the Act on growth—

“(1) The Chancellor of the Exchequer must, within three months of this Act coming into force, publish an assessment of the impact of provisions of this Act on economic growth.

(2) This assessment must consider the forecast impact of measures in this Act on growth of—

(a) the UK economy as whole,

(b) the economy of different regions and nations on the UK, and

(c) average incomes in the UK.”

This new clause will require the Chancellor of the Exchequer to publish an assessment of the impact of measures in this Act on growth in the UK economy, as well as its impact on growth in different regions and nations of the UK, and its impact on growth of average incomes.

New clause 9—Assessment of investment relief on compliance with the climate change target for 2050—

“The Chancellor of the Exchequer must, within six months of this section coming into force, and quarterly thereafter, lay before the House of Commons an assessment of the impact of the effect of the relief for investment expenditure provided in sections 1 and 2 of the Energy (Oil and Gas) Profits Levy Act 2022 on—

(a) the Secretary of State’s ability to meet the duty set out in section 1 of the Climate Change Act 2008, and

(b) the additional quantity of carbon dioxide that will be generated in the United Kingdom.”

This new clause would require the Chancellor to produce an assessment of the impact of the relief for investment expenditure in relation to the Energy Profits Levy on the Secretary of State’s ability to meet the target of ensuring that the net UK carbon account for the year 2050 is at least 100% lower than the 1990 baseline. And produce a report each quarter detailing how much additional CO2 has been produced because of the investment expenditure relief.

New clause 10—Review of effect on small businesses—

“(1) The Chancellor of the Exchequer must lay before Parliament within six months of the passing of this Act a review of the impact of the measures contained in this Act on small businesses.

(2) The review must consider in particular the impact of those measures on the ability of small businesses to—

(a) meet their energy bills,

(b) minimise their debt,

(c) pay their rent,

(d) remain solvent, and

(e) employ staff.

(3) The review must include an assessment of the number of small businesses which will become liable to register for VAT as a result of the measures contained in this Act.

(4) In this section, ‘small businesses’ means any business which has average headcount of staff of less than 50 in the tax year 2022-23.”

This new clause would require the Government to produce an impact assessment of the effect of the Act on small businesses.

[The Financial Secretary to the Treasury (Victoria Atkins)]

It is a pleasure to represent the Government in this important Committee. At the autumn statement, my right hon. Friend the Chancellor set out the significant economic challenges that we face and our plan to ensure that we have economic stability, encourage growth and protect our public services. Securing fiscal sustainability in a responsible and balanced way inevitably requires some difficult decisions. We do not shy away from that, but we have sought to ensure that the heaviest burden falls on those with the broadest shoulders.

The Bill’s first three clauses relate to the energy profits levy. Clause 1 increases the rate of the levy and addresses consequential technical matters. It will ensure that oil and gas companies benefiting from extraordinary profits due to exceptionally high prices will continue to pay their fair share of tax. As hon. Members will know, the Government introduced the levy in May this year as a temporary surcharge on the extraordinary profits being made on the oil and gas sector, driven by global circumstances.

--- Later in debate ---

[Victoria Atkins]

We introduced the expensive car supplement some time ago, and a great many of the cars that the hon. Gentleman has described would fall into that category, particularly if they were bought new. Notwithstanding his assertion, there is no ideological reason for this. We are very conscious of the pressures on the majority of road users, and although, as the hon. Gentleman fairly pointed out, the use of SUVs has increased, that certainly does not mean that everyone who buys a third-hand or fourth-hand SUV is among the wealthiest in society. So we have tried to balance the rights and interests of those who are already paying car tax and also of those driving electric vehicles, who we think, after a certain period of time, should be contributing more towards the tax system than they do at the moment.

As I was saying, clause 11 deals with company car tax rates in order to provide businesses with the certainty they need to plan in relation to vehicle provision. Finally, clause 12 simply sets out the short title of the Bill in the usual manner for such legislation. I hope that hon. Members will not have anything to say about that, but I look forward to any comments on clause 12. I have stuck to the Bill itself because I want to listen to those hon. Members who have kindly put down amendments, which will be debated now. I will attempt to answer some of those challenges, questions and points as I wind up the Committee stage of the Bill in due course.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I call the shadow Minister.

Tackling Violence Against Women and Girls

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Wednesday 2nd March 2022 Commons Chamber

[Victoria Atkins]

We will be, but this is such a fundamental review of policing and CPS practice. The area where we have piloted it already—Avon and Somerset—is beginning to roll out lessons to other police forces, but we need to be clear as to what is working and what is not working. None of us wants unintended consequences in any of this work. It will be rolled out nationally, but we are just making sure that the academics uncover everything. We have a team of academics who go into a police force area, dive into the files and look at everything. From that, they come up not just with data but, importantly, with recommendations on what went wrong and what worked. This is an incredibly intensive programme, and it will take a bit of time before we roll it out nationally, but we are already on schedule with rolling it out to the five pilot areas and the next tranche of forces. That is what we are determined to do.

I hope that the right hon. Lady also supports the fact that as part of our efforts to improve rape convictions, referrals and investigations, we have listened again to victims. One of the areas that they are understandably most concerned about is the idea that their mobile phones will be taken away from them without good cause. The right hon. and learned Member for Camberwell and Peckham (Ms Harman) has raised this with me on a number of occasions. We hear that and we get it, and that is why in the Police, Crime, Sentencing and Courts Bill we have included new criteria that the police must abide by in the decision-making process as to whether they should take a victim’s phone. What is more, we have piloted a phone swap-out scheme if a phone has to be taken for more than 24 hours. We are seeing whether having a swap-out will help to inform a national scheme. In addition, we are rolling out digital technology across forces so that it is much quicker for them to deal with these phones—[Interruption.] I very much hear your discreet coughing, Madam Deputy Speaker—in a non-covid way—but if I may, I will just deal with the national roll-out of section 28.

Those in the Chamber will know what section 28 is. It involves the ability of victims of sexual violence and modern slavery to give pre-recorded evidence, so that, rather than waiting a long time for a trial to come to court, they give evidence as quickly as possible after the event and it is then used at the trial. This is exciting work, and we have committed to rolling this out nationally as quickly as we can. There will be more news on this in the coming months. There is much more I can say, but I am going to take your hint, Madam Deputy Speaker.

There are many areas of agreement on this. It is absolutely right of Her Majesty’s Opposition to hold us to account and scrutinise what we are doing, but there is genuinely an enormous amount of good will in Government and across the House to tackle these invidious crimes. Please, the message must go out from the Chamber that enough is enough. We—half the population—will not put up with this behaviour any more, and by working together we really can make this the decade of change.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister. We have 15 speakers for this debate, so I urge colleagues to be considerate of one another. I think it boils down to about seven minutes each.

Afghan Citizens Resettlement Scheme

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Thursday 6th January 2022 Commons Chamber

[Victoria Atkins]

May I congratulate my right hon. and learned Friend on his further elevation? I am delighted that his skills and experience have been recognised.

The care of Afghan judges, particularly female judges, is a matter that I know interests many colleagues across the House. We have already offered a home to more than 20 senior Afghan judges and prosecutors and their dependants; sadly, we cannot offer a home to all Afghan judges, but we look to others in the international community to play their part in supporting those who have upheld the rule of law. We really must work together across the international community to support such people. I would be delighted to meet my right hon. and learned Friend and others to further discuss how we can signpost judges to third countries, as well as our own, to ensure that they are safe.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

--- Later in debate ---

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

May I return briefly to the point raised by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) about judges and prosecutors? The Minister will know that much work has been done by judges and lawyers in this country. People such as the noble Lord Goldsmith, Baroness Kennedy and Dame Maura McGowan, whom she and I both know, have done much to try to assist on this. There is concern about how the practical outworking of this will develop as the scheme goes forward. The scheme itself is welcome, but is she prepared to meet me and other interested parties to discuss the practical ways in which we can help these judges and prosecutors, particularly women? After all, many of them put their lives on the line to assist and protect British troops when prosecuting and judging those who had committed atrocities against our own people.

[Victoria Atkins]

I very much thank my hon. Friend, and I would be delighted to meet him and others involved in this effort. We are very conscious of the debt we owe to such judges. That is why I am very pleased that we have been able to welcome some already, but I do very much want to listen to the concerns in relation to others.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee, Dame Diana Johnson.

Prisons Strategy

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Tuesday 7th December 2021 Commons Chamber

[Victoria Atkins]

I am extremely grateful to the hon. Lady, whom I welcome to her new position. If I may, however, I will start by correcting some of the statements that she has just made. In case she missed this information in the statement, I can tell her that 74 body scanners have been rolled out across the male closed estate and have already produced impressive results, spotting more than 10,000 instances of prisoners trying to bring forbidden objects into prisons and thereby helping to safeguard both staff and prisoners.

The hon. Lady asked about the state of the cells. We have said that many of the establishments, some of which date back to Victorian times, are not what we would wish for in the 21st century, and not commensurate with what we know works with prisoners when it comes to rehabilitation and cutting crime. That is why we are upgrading safety standards in 35,000 existing cells. In addition, our unprecedented plan to build major new prisons across the country will incorporate many of the modern technologies that we want to see rolled out over the next few years.

The hon. Lady rightly raised the issue of recruitment and retention. As I said in my statement, buildings are but one part of our plan. We must have dedicated and committed members of staff in those buildings, not only delivering the safety that prisoners within the walls expect but keeping members of the public safe outside those walls. The hon. Lady also raised the issue of recruitment. We take very seriously the recruitment challenges faced by some prisons across the country, which is why prison officers in our 31 “hardest to recruit” sites receive an additional payment of between £3,000 and £5,000. Since the end of October 2016, we have recruited a net increase of more than 4,000 staff.

We do not shy away from the fact that the role of a prison officer is extremely difficult, and does not suit everyone. These are people who bear a great deal of responsibility and who must work with some very dangerous and difficult people, as several highly publicised cases have demonstrated in recent weeks. That is why in the White Paper we have put such an emphasis on supporting our staff and enabling them to develop their careers in the Prison Service, so that they feel fulfilled and are helping to contribute to our nationwide effort to cut crime.

The hon. Lady asked me about women in prison. I am sure it was not deliberate, but she overlooked the fact that the number of women in custody has fallen by 24% in the last decade, since Labour was last in power. We very much stand by the female offenders strategy, as I said in evidence to the Justice Committee only recently. We want to ensure that only women who must be in custody are in fact so sentenced, and we are helping magistrates and judges to find alternative sentences for those women when that is appropriate.

Throughout my statement run the golden themes of education, rehabilitation and reform, but protecting the public is another important theme. I look forward greatly to working with the hon. Lady and other colleagues on both sides of the House to ensure that we keep our constituents safe, while also ensuring that justice is served for victims of crime.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chairman of the Justice Committee.

--- Later in debate ---

[Victoria Atkins]

I would be delighted to visit my hon. Friend and hope he will treat me to a cream tea in the process.

[Madam Deputy Speaker (Dame Rosie Winterton)]

On that happy note, I thank the Minister for her statement.

Domestic Abuse Bill

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Consideration of Lords amendments
Monday 26th April 2021 Commons Chamber

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

I beg to move, That this House disagrees with Lords amendment 9B.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to consider the following:

Government amendments (a) to (c) in lieu.

Lords amendments 40B and 40C, Government motion to disagree, and Government amendments (a) to (g) in lieu.

Lords amendment 41B, and Government motion to disagree.

Lords amendments 42D, 42E and 42F, Government motion to disagree, and Government amendments (d) to (f) in lieu.

[Victoria Atkins]

I thank right hon. and hon. Members of this House and noble Lords who have worked tirelessly to make this a truly transformational Bill. It will make a significant difference to the lives of many women, men and children by better protecting them from their abusers and providing them with the support they so very much need. However, before the Bill can have any impact, we need to pass it, and we are fast running out of road to get us to that point. In the course of our deliberations, we should all be clear, therefore, about the risk of the Bill being timed out this week. None of us wants that—I hope I can take that as read. In the collegiate spirit of many of the debates on the Bill, we reflected carefully on the debates that took place in the Lords last Wednesday and we have tabled further amendments in the hope, and indeed expectation, that both Houses can now agree to submit this landmark Bill to Her Majesty for Royal Assent.

On child contact centres, there is no dispute that they need to be subject to appropriate regulation. It remains our contention that, on the evidence currently available, that is already achieved through accreditation by the National Association of Child Contact Centres, the agreements in place between the NACCC, the Children and Family Court Advisory and Support Service and the judiciary, and the comprehensive statutory provisions already in place that determine how local authorities should discharge their duties in public law family cases.

We listened carefully to the debate last week and recognise that there is an issue that needs to be examined further, but we cannot legislate on the basis of anecdotal—albeit pertinent—evidence. That is why the Government tabled Amendments 9C and 9D, which will require the Secretary of State to prepare and publish a report about the extent to which individuals, when they are using contact centres in England, are protected from the risk of domestic abuse or, in the case of children, other harm. The report will need to be laid before Parliament within two years of Royal Assent. We will engage closely with the NACCC and others in carrying out the work, which will provide a firm evidence base on which to introduce further regulation, including in the area of vetting, should that be necessary.

I turn to Lords amendments 40B and 40C. We remain concerned that the revised Lords amendments regarding data firewalls still pre-empt the outcome of the review recommended by the independent policing inspectorate in response to the super-complaint. We need to undertake that review without any preconceptions as to its outcome. To provide further reassurance on that point, Government amendments 40D to 40J introduce two new clauses. The first new clause will put the review of the current data-sharing arrangements on to a statutory footing and enshrine in law our commitment to report on the outcome of the review by the end of June. The second new clause will provide for a statutory code of practice relating to the processing of domestic abuse data for immigration purposes. Persons to whom the code is issued—notably the police and Home Office immigration staff—will be under a duty to have regard to the code, which will also be subject to parliamentary scrutiny. Although the clause is framed in terms of a permissive power to issue a code, I assure the House that we fully intend to exercise that power.

On Lords amendment 41B, I welcome the fact that this revised amendment attempts to separate the issue of leave to remain from the provision of support for migrant victims of domestic abuse. As I previously indicated, we need to focus on ensuring that victims with insecure immigration status can access the support they need. That is the priority. Unfortunately, despite the best intentions, the amendment would not achieve the outcome it seeks. The question of leave to remain is inextricably linked to the conditions attached to that leave, so it is impossible to waive the “no recourse to public funds” condition in isolation from consideration being given to a person’s immigration status.

As I announced last week, we have now appointed Southall Black Sisters to oversee the support for migrant victims scheme. The scheme will provide access to safe accommodation and the associated support to migrant victims of domestic abuse who are not eligible for the destitute domestic violence concession or other existing support mechanisms. The scheme will be independently evaluated, and will provide us with the necessary evidence of the gap in current support arrangements, so that we can put in place sustainable long-term provision. That is the direction of travel we are on. Since the scheme will provide support to victims, Lords amendment 41B is not necessary, and waiving the no recourse to public funds condition for a full year will again have significant new resource implications. The support for migrant victims scheme will be up and running shortly. We should see it through to its proper conclusion and settle on a sustainable programme of support.

--- Later in debate ---

[Victoria Atkins]

The flexibility of category 3 means that that is already possible, if there has been a conviction. I gave the example on 15 April of criminal damage, such as if somebody kicks down a door. On the face of it, a criminal damage offence would not fit into category 1 or category 2. That is where the professional curiosity of professionals on the ground—police, probation and prison officers and so on—comes in. If someone has been convicted of that offence, he or she may not be in category 1 or category 2, but if those professionals believe that it is part of a pattern of past behaviour, on which Baroness Royall has rightly focused, that is how they will be put on to the system under MAPPA. We very much want the concerns that have been raised to be reflected in the guidance as well as the national framework.

I have already announced that we need to be sure that action is taken when there are indicators of escalating harm for those who are managed under the least intensive level of MAPPA—so, level 1. To that end, Her Majesty’s Prison and Probation Service will issue a new policy framework setting out clear expectations for the management of all cases at MAPPA level 1 by the National Probation Service. This includes domestic abuse perpetrators. That will further help improve the quality of information sharing, the consistency and regularity of reviews, and the identification of cases where risk is increasing and additional risk management activity is required.

Thirdly, as I announced on 15 April, we are bringing in the new multi-agency public protection system, or MAPPS, which will be piloted from next year. All category 3 offenders will be on MAPPS, which will have much greater functionality than the violent offender and sex offender register, or ViSOR, which is the existing database. That will enable criminal justice agencies to share information in real time and improve their risk assessments and the management of MAPPA nominals, including domestic abuse perpetrators.

Fourthly, we are legislating in the Police, Crime, Sentencing and Courts Bill to clarify the information sharing powers under MAPPA. For example, GPs and domestic abuse charities can very much be part of that data sharing. That is the intention of the clauses in the Bill, and I hope we will be able to persuade Opposition Members to support us on that.

Fifthly, we are committed to bringing forward a new statutory domestic abuse perpetrator strategy as part of our holistic domestic abuse strategy to be published later this year. Our revised amendment makes it clear that the strategy will address the risks associated with stalking. We will also include a perpetrator strand in our complementary violence against women and girls strategy, which will cover stalking that does not take place in a domestic abuse context.

Sixthly, we are investing new resources, with an additional £25 million committed this year, to tackle perpetrators’ behaviour and to stop the cycle of abuse. Finally, more broadly, I can assure right hon. and hon. Members that this Government are committed to supporting vulnerable victims. Having published a new victims code to guarantee victims’ rights and the level of support they can expect, we will consult over the summer on the victims’ law, which will enshrine those rights in law.

The other place has asked the Government to consider again these four issues. We will do so in the next hour. We have listened carefully to their lordships’ concerns and responded with a substantial new package of commitments, both to strengthen this groundbreaking Bill and to further our wider programme to protect and support victims of domestic abuse and their children and bring perpetrators to justice. It is time for the Bill to be enacted and implemented, for the sake of the 2.3 million adults and their children who are victims of domestic abuse each year. Let us agree to the Government amendments in lieu, let us pass this Bill, and let us help victims.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Jess Phillips.

Domestic Abuse Bill

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Victoria Atkins]

I am happy to help the hon. Lady. As I said in my opening remarks, the President of the Family Division has indicated that he will consider making recommendations regarding training, taking into account this Bill, the harm panel report, which, as she knows, is critical to the Ministry of Justice’s concerns in this area and the four recent Court of Appeal judgments in domestic abuse cases. I would argue that there is a real understanding among our independent judiciary of the need to make sure that they are equipped to ensure that justice is delivered—and delivered well—in the courtrooms over which they preside.

In summing up, let me reflect on the course of the Bill. Progress on the Bill has been characterised by a determination on both sides of the House to work constructively and collegiately. At every stage, we have endeavoured to focus on what can be done to help victims of domestic abuse and to ensure that the abuse can stop. As my right hon. Friend the Member for Basingstoke put it, these are not our issues—these are not party political issues—but the issues of our constituents who are victims and of their children, and I know that each and every one of us has had that very much in mind in all our deliberations on the Bill.

I therefore commend the Bill and the amendments that the Government support to the House. I very much hope that we will be able to make real and meaningful progress and pass the Bill, so that we can get on with the job of helping the victims we all feel so strongly about.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I put the Question, just a reminder that, should there be more than one Division, the doors will be locked after eight minutes in the first Division and, after that, after five minutes.

Question put, That this House disagrees with Lords amendment 1.

Children and Young Persons

Debate between Baroness Winterton of Doncaster and Victoria Atkins

Tuesday 18th June 2019 Commons Chamber

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

Madam Deputy Speaker, I should like to note my disappointment that we did not hear from our Scottish colleagues. I was looking forward to hearing from them, though I am delighted they agree with the order.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Was that a point of order?

[Madam Deputy Speaker]

I thank the hon. Gentleman for that point of order. It is always a pleasure to hear from him.

[Victoria Atkins]

Further to that point of order, Madam Deputy Speaker. I am happy to concede: I walked into that one.

[Madam Deputy Speaker]

Excellent.

Excise

Motion made, and Question put forthwith (Standing Order No. 118(6)),

That the Tobacco Products (Descriptions of Products) (Amendment) Order 2019 (S.I., 2019, No. 953), which was laid before this House on 21 May, be approved.—(Mike Freer.)

Question agreed to.

Offensive Weapons Bill

Debate between Baroness Winterton of Doncaster and Victoria Atkins

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 28th November 2018 Commons Chamber

[Victoria Atkins]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 17—Search for corrosive substance on school or further education premises.

New clause 1—Protection for retail staff—

‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 1 of this Act.

(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’

New clause 5—Prohibition of bladed product displays—

‘(1) A person who in the course of a business displays a bladed product in a place in England and Wales or Northern Ireland is guilty of an offence.

(2) The appropriate Minister may by regulations provide for the meaning of “place” in this section.

(3) The appropriate Minister may by regulations make provision for a display in a place which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Act—

(a) as an advertisement and not as a display, or

(b) as a display and not as an advertisement.

(4) No offence is committed under this section if—

(c) the bladed products are displayed in the course of a business which is part of the bladed product trade,

(d) they are displays for the purpose of that trade, and

(e) the display is accessible only to persons who are engaged in, or employed by, a business which is also part of that trade.

(5) No offence is committed under this section if the display is a requested display to an individual age 18 or over.

(6) The appropriate Minister may provide in regulations that no offence is committed under section 1 of the display complies with requirements specified in regulations.’

New clause 6—Report on the causes behind youth violence with offensive weapons—

‘(1) The Secretary of State must, within 6 months of this Act receiving Royal Assent, lay a report before Parliament on the causes behind youth violence with offensive weapons.

(2) The report under subsection 1 must consider, but is not limited to,

(a) The effect of the reduction in police numbers on the levels of youth violence with offensive weapons;

(b) The effect of the reduction in public spending on—

(i) children’s services,

(ii) Sure Start,

(iii) state-maintained schools,

(iv) local authorities,

(v) youth offending teams,

(vi) Border Force, and

(vii) drug treatment programmes.

(3) The report under subsection 1 and the considerations under subsection 2 must consider the benefits of the public health approach to violence reduction.

(4) The report must contain all departmental evidence held relating to subsection 2 and 3.’

This new clause would require the Secretary of State to review the causes behind youth violence with offensive weapons.

New clause 7—Offence of threatening with an offensive weapon—

‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.

(a) After “Offence of threatening with offensive weapon” leave out “in public”.

(b) In subsection 1(a), after “weapon” leave out “with him or her in a public place”.

(c) In subsection 3, after “section” leave out ““public place” and “offensive weapon” have” and insert “offensive weapon” has’

This new clause would mean that threatening with an offensive weapon anywhere would be an offence, not merely in a public place.

New clause 10—Threatening with a bladed article or offensive weapon in a dwelling—

‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) After subsection 12 insert—

13 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.

14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 11—Threatening with a bladed article or offensive weapon in a dwelling (No.2)—

‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.

(2) After subsection 10 insert—

11 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.

12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 12—Threatening with a bladed article or offensive weapon in a dwelling (No.3)—

‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.

(2) After subsection 10 insert—

11 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.

12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 13—Threatening with a bladed article or offensive weapon in a dwelling (No.4)—

‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) After subsection 12 insert—

13 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.

14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 14—Protection for retail staff: bladed articles—

‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 141A of the Criminal Justice Act 1988.

(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’

New clause 15—Offence of threatening with blade or offensive weapon (No.2)—

‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) In subsection 1(a), after “applies” leave out “with him or her in a public place or on school premises”.

(3) Omit subsection 2.

(4) Omit subsection 3.

(5) Omit subsection 5.’

This new clause would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.

New clause 20—Offence of threatening with a non-corrosive substance—

‘(1) A person commits an offence if they threaten a person with a substance they claim or imply is corrosive.

(2) It is not a defence for a person to prove that the substance used to threaten a person was not corrosive or listed under schedule 1 of this act.

(3) In this section, “threaten a person” means—

(a) that the person unlawfully and intentionally threatens another person (“A”) with the substance, and

(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’

New clause 21—Prohibition on the possession of a corrosive substance on educational premises—

‘(1) A person commits an offence if that person has a corrosive substance with them on school premises, further education premises or higher education premises.

(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that they had good reason or lawful authority for having the corrosive substance on school premises, further education premises or higher education premises.

(3) Without prejudice to the generality of subsection (2), it is a defence for a person charged in England and Wales or Northern Ireland with an offence under subsection (1) to prove that they had the corrosive substance with them for use at work.

(4) Without prejudice to the generality of subsection (3), it is a defence for a person charged with an offence under subsection (1) to show that they had the corrosive substance with them for use at work.

(5) A person is to be taken to have shown a matter mentioned in subsection (4) or (5) if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(6) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.

(7) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.

(8) A constable may enter any school, further education premises or higher education premises and search those premises and any person on those premises, if they have reasonable grounds for suspecting that an offence under this section is, or has been, committed.

(9) If, in the course of a search under this section, a constable discovers a corrosive substance they may seize and retain it.

(10) The constable may use reasonable force, if necessary, in the exercise of entry conferred by this section.

(11) In this section—

“corrosive substance” means a substance which is capable of burning human skin by corrosion;

“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;

“school” has the meaning given by—

(a) in relation to land in England and Wales, section 4 of the Education Act 1996;

(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/ 594 (NI 3).

“further educational premises” means—

(a) in relation to England and Wales, land used solely for the purposes of—

(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.

“higher education premises” means an institution which provides higher education;

“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

“higher education” means education provided by means of a higher education course;

“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.’

New clause 22—Offence of threatening with corrosive substance on educational premises—

‘(1) A person commits an offence if that person threatens a person with a corrosive substance on school premises, further education premises or higher education premises.

(2) In this section—

“corrosive substance” means a substance which is capable of burning human skin by corrosion;

“threatens a person” means—

(a) unlawfully and intentionally threatens another person (“A”) with a corrosive substance, and

(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;

“school” has the meaning given by—

(a) in relation to land in England and Wales, section 4 of the Education Act 1996;

(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3).

“further educational premises” means—

(a) in relation to England and Wales, land used solely for the purposes of —

(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.

“higher education premises” means an institution which provides higher education;

“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

“higher education” means education provided by means of a higher education course;

“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.

(4) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.’

New clause 23—Advertising offensive weapons online—

‘(1) A person or company commits an offence when a website registered in their name is used to advertise, list or otherwise facilitate the sale of any weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.

(2) No offence is committed under this section if—

(a) the website removes the advertisement or list within 24 hours of the registered owner of the website being informed that the advertisement or list includes a weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.

(3) The registered owner of a website that is guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;

(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale.’

New clause 24—Enforcement—

‘(1) It shall be the duty of every authority to which subsection (4) applies to enforce within its area the provisions of Clauses 1, 3, 4, 17 and 20 of this Bill.

(2) An authority in England or Wales to which subsection (4) applies shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of England and Wales.

(3) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of Northern Ireland.

(4) The authorities to which this section applies are—

(a) in England, a county council, district council, London Borough Council, the Common Council of the City of London in its capacity as a local authority and the Council of the Isles of Scilly;

(b) in Wales, a county council or a county borough council;

(c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);

(d) in Northern Ireland, any district council.

(5) In enforcing this section, an enforcement authority must act in a manner proportionate to the seriousness of the risk and shall take due account of the precautionary principle, and shall encourage and promote voluntary action by producers and distributors.

(6) Notwithstanding subsection (5), an enforcement authority may take any action under this section urgently and without first encouraging and promoting voluntary action if a product poses a serious risk.’

New clause 25—Investigatory powers for trading standards—

‘(1) Schedule 5 of the Consumer Rights Act 2015 is amended in accordance with subsection (2).

(2) In Part 2, paragraph 10, at end insert—

“section (Enforcement)”.’

This new clause is consequential on NC24

New clause 26—Aggravated offence of possessing a corrosive substance or dangerous knife—

‘(1) A person is guilty of an aggravated offence of possessing a corrosive substance in a public place if—

(a) they commit an offence under section 6 of this Act, and

(b) at the time of committing the offence, the offender was—

(i) the driver of a moped or motor bicycle, or

(ii) a passenger of a moped or motor bicycle.

(2) A person is guilty of an aggravated offence of possessing certain dangerous knives if—

(a) they commit an offence under section 1A of the Restrictions of Offensive Weapons Act 1959, as amended, and

(b) at the time of committing the offence, the offender was—

(i) the driver of a moped or motor bicycle, or

(ii) a passenger of a moped or motor bicycle.

(3) A person guilty of an aggravated offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding two years, to a fine or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding two years, to a fine or both.

(4) For the purposes of this section, “moped” and “motor bicycle” have the same meanings as in section 108 of the Road Traffic Act 1988.’

New clause 30—Review of the Act—

‘(1) The Secretary of State must, within one year of this Act receiving Royal Assent, appoint an independent person to conduct an annual review of the provisions contained in this Act and the effect those provisions have had on crimes involving offensive weapons.

(2) The review under section 1 must consider, but is not limited to—

(a) the impact the provisions on corrosive substances have had on crimes involving these substances, and whether these provisions are still adequate;

(b) the impact the provisions on firearms have had on crimes involving these weapons, and whether the provisions are still adequate;

(c) whether existing police funding is sufficient to ensure the adequate enforcement of the provisions of this Act and offences relating to offensive weapons; and

(d) anything else the Secretary of State, or independent person appointed to conduct the review, thinks appropriate.

(3) The annual review under section 1 must be laid before both Houses of Parliament.’

New clause 31—Amendments to the Crossbow Act 1987—

‘(1) The Crossbow Act 1987 is amended as follows.

(2) After section 1 insert—

“1A Requirement of crossbow certificate

(1) Subject to any exemption under this Act, it is an offence for a person to have in their possession, or to purchase or acquire, a crossbow to which this section applies without holding a crossbow certificate in force at the time, or otherwise than as authorised by such a certificate.

(2) It is an offence for a person to fail to comply with a condition subject to which a crossbow certificate is held by them.

(3) This section applies to crossbows with a draw weight of which is to be determined in regulations designated by the Home Secretary, following consultation with—

(a) the National Police Chiefs’ Council;

(b) any other person or body the Home Secretary may deem necessary.”

(3) After section 1A insert—

“1B Application for a crossbow certificate

(1) An application for the grant of a crossbow certificate must be made in the form prescribed by regulations issued by the Home Secretary to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.

(2) A crossbow certificate shall be granted where the chief officer of police is satisfied that—

(a) the applicant is fit to be entrusted with a crossbow to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a crossbow;

(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the crossbow in respect of which the application is made; and

(c) in all the circumstances the applicant can be permitted to have the crossbow in his possession without danger to the public safety or to the peace.”

(3) In section 6 (punishments), in subsection 1, after “section 1” insert – “, or section 1A or section 1B”.

(4) After section 7 insert—

“7A Regulations

(1) A power to make regulations under this Act is exercisable by statutory instrument.

(2) Regulations under this Act may make provisions for the issuing of a crossbow certificate.

(3) A statutory instrument which contains regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.”’

Amendment 12, in clause 1, page 2, line 11, leave out “imprisonment for a term not exceeding 51 weeks” and insert “a community sentence”

This amendment, along with Amendment 13, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.

Amendment 13, page 2, line 14, leave out “imprisonment for a term not exceeding 6 months” and insert “a community sentence”

This amendment, along with Amendment 12, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.

Amendment 14, in clause 6, page 7, line 7, after “place” insert “with intent to cause injury”

This amendment would make it an offence to have a corrosive substance in a public place only with the intent to cause injury to someone.

Amendment 3, page 8, line 3, after “otherwise” insert

“and means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).”

This amendment would extend the definition of public places in relation to England and Wales and Northern Ireland to include communal spaces within residential blocks.

Amendment 15, page 8, line 39, leave out clause 8

This amendment, along with Amendment 16, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.

Amendment 16, page 9, line 37, leave out clause 9

This amendment, along with Amendment 15, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.

Government amendment 56.

Amendment 8, in clause 17, page 16, line 41, at end insert—

“(ab) the seller is not a trusted trader of bladed products, and”

Amendment 9, page 17, line 3, at end insert—

‘(3A) The Secretary of State may by regulations determine the conditions of being designated a trusted trader of bladed products in England and Wales for the purposes of section 17(1)(ab).

(3B) Scottish Ministers may by regulations determine the conditions of being designated a trusted trader of bladed products in Scotland for the purposes of section 17(1)(ab).

(3C) The Department of Justice in Northern Ireland may by regulations determine the conditions of being designated a trusted trader of bladed products in Northern Ireland for the purposes of section 17(1)(ab).”

Amendment 1, in clause 18, page 17, line 44, at end insert—

‘(4A) It is a defence for a person charged with an offence under section 17 to prove that they reasonably believed that the buyer bought the bladed product for use for decorating purposes.”

Amendment 2, page 18, line 24, at end insert—

‘(10) For the purposes of this section a bladed product is used by a person for decorating purposes if and only if the product is only used to make improvements, enhancements or repairs to real property or personal property.”

Amendment 4, in clause 23, page 23, line 8, after “further education premises” insert

“and higher education provider premises”

Amendment 5, page 23, line 10, after “further education premises” insert

“and higher education provider premises”

Amendment 7, page 24, line 8, at end insert—

‘(7A) After subsection (6A) insert—

(6B) In this section “higher education provider” means an institution which provides higher education; “institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution); “higher education” means education provided by means of a higher education course; “higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.

Amendment 6, page 24, line 11, after “further education premises” insert

“and higher education provider premises”

Government amendments 57 to 61.

Amendment 22, in clause 25, page 26, line 41, leave out “the purpose only of participating in religious ceremonies” and insert “religious reasons only”

This amendment extends the defence to cover the possession of a ceremonial Sikh Kirpan for religious reasons on occasions other than religious ceremonies.

Amendment 17, page 28, line 28, leave out clause 28

This amendment, along with Amendments 18 and 19 would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.

Amendment 11, page 29, line 6, leave out clause 29

This amendment would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.

Amendment 18, in clause 29, page 29, line 14, leave out “(“A”)”

This amendment, along with Amendments 17 and 19, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.

Amendment 19, page 29, line 16, leave out from “that” to the end of line 18 and insert

“there is an immediate risk of serious physical harm to that person”

This amendment, along with Amendments 17 and 18, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.

Amendment 10, in clause 39, page 35, line 34, after “section” insert “17(3B),”.

Government amendments 25, 62 and 63.

[Victoria Atkins]

This group of new clauses and amendments deals with matters on which I know there is a great deal of agreement across the House. I will speak to Government new clauses 16 and 17 and Government amendment 25, and in response to new clauses 7, 10 to 13, 22 and 15 and amendment 11, tabled by my hon. Friend the Member for Shipley (Philip Davies).

Let me start by saying how grateful I am to my hon. Friend for his new clauses and amendment. I know that he has raised this issue in the past, and, of course, he spoke very eloquently about it during our Second Reading debate on 27 June. There are offences available for the prosecution of a person who threatens someone with an offensive weapon in private, but those offences do not describe the criminality sufficiently, and do not attract the same penalties as those that are possible when the offence is committed in public. I have therefore been convinced by my hon. Friend that there is a gap in the law that should be filled.

Under new clause 16, it would be an offence for a person unlawfully and intentionally to threaten another person with a corrosive substance, a bladed or pointed article, or an offensive weapon in a way that poses an immediate risk of serious physical harm to that person. The offence will apply in any private place, which means anywhere other than a public place or school, or further education premises, where it is already an offence. In respect of a corrosive substance, a private place means anywhere other than a public place. The lawyers have been terribly exercised about that.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Debate between Baroness Winterton of Doncaster and Victoria Atkins

2nd reading: House of Commons
Friday 2nd February 2018 Commons Chamber

[Victoria Atkins]

On a point of order, Madam Deputy Speaker. In an excess of excitement, enthusiasm and efficiency, the Government issued a “Dear colleague” letter from me in advance of the House’s indicating its willingness that the Bill be given a Second Reading, for which I apologise. We have got to the right place, however, and colleagues should now have a letter addressing that point.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Lady for her courtesy in giving me advance notice of what has happened. It is absolutely right that she should apologise for the premature release of the letter, but the mood of the House showed a great deal of consensus, and perhaps her officials were unduly influenced by the tweet from the hon. Member for Hammersmith (Andy Slaughter). As I say, given the consensus and mood of the House, I am sure that it will be forgiving of this mistake. None the less, I thank her for apologising.