Police, Crime, Sentencing and Courts Bill (Seventeenth sitting)

Alex Cunningham Excerpts

Committee stage
Tuesday 22nd June 2021 Public Bill Committees

[The Chair]

Before we begin, I have some preliminary reminders for the Committee. Please switch electronic devices to silent. No food or drink is permitted during sittings of this Committee, except for the water provided.

I remind Members to observe physical distancing. They should sit only in the places that are clearly marked. It is important that Members find their seats and leave the room promptly, in order to avoid delays for other Members and staff. Following a decision of the House of Commons Commission yesterday, we may now sit a little closer together—one metre—but it is important to continue to observe other distancing measures. Members should wear face coverings in Committee unless they are speaking or medically exempt.

Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes@ parliament.uk.

We completed line-by-line consideration of the existing clauses of the Bill last week. Today, we will start to consider new clauses. New clauses that were grouped for debate with amendments to the Bill will not be debated again, but if the Member who tabled the new clause indicated in their speech that they wished to divide the Committee, they will have the opportunity to do so. The selection list for today’s sittings is available in the room. I remind Members wishing to press a grouped new clause to a Division that they should indicate their intention when speaking to the clause.

New Clause 74

Proceeds of crime: account freezing orders

‘(1) In section 303Z1 of the Proceeds of Crime Act 2002 (application for account freezing order)—

(a) omit subsections (5A) and (5B), and

(b) in subsection (6), at the appropriate place insert—

“‘relevant financial institution’ means—

(a) a bank,

(b) a building society,

(c) an electronic money institution, or

(d) a payment institution.”

(2) In section 316(1) of that Act (general interpretation), in the definition of “relevant financial institution”, after “303Z1” insert “(6)”.

(3) In section 48 of the Financial Services Act 2021 (extent)—

(a) in subsection (1), for “subsections (2) and (3)” substitute “subsection (2)”, and

(b) omit subsection (3).

(4) In paragraph 14 of Schedule 12 to that Act (forfeiture of money: electronic money institutions and payment institutions) omit sub-paragraphs (3) and (4).’

This new clause amends for Northern Ireland the definition of “relevant financial institution” for the purposes of account freezing orders under the Proceeds of Crime Act 2002 so as to align the definition with that which applies in England and Wales and Scotland.—(Victoria Atkins.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Harassment in a public place

‘(1) A person must not engage in any conduct in a public place—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose conduct is in question ought to know that it amounts to harassment of another if a reasonable person would think the conduct amounted to harassment of the other.

(3) For the purposes of this section—

“conduct” includes speech;

“harassment” of a person includes causing the person alarm or distress.

(4) Subsection (1) does not apply to conduct if the person can show—

(a) that it was for the purpose of preventing or detecting crime,

(b) that it was under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

(c) that in the particular circumstances it was reasonable.

(5) A person who engages in any conduct in breach of subsection (1) is guilty of an offence.

(6) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.”—(Alex Cunningham.)

Brought up, and read the First time.

[Alex Cunningham (Stockton North) (Lab)]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 2—Kerb-crawling—

‘(1) It is an offence for a person, from a motor vehicle while it is in a street or public place, or in a street or public place while in the immediate vicinity of a motor vehicle that they have just got out of, to engage in conduct which amounts to harassment in such manner or in such circumstances as to be likely to cause annoyance, alarm, distress, or nuisance to any other person.

(2) A person guilty of an offence under this section is liable on summary conviction to revocation of their driving licence, or a fine not exceeding level 3 on the standard scale, or both.

(3) In this section “motor vehicle” has the same meaning as in the Road Traffic Act 1972.

(4) In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.’

New clause 23—Street sexual harassment—

‘(1) A person must not engage in any conduct in a public place—

(a) which amounts to sexual harassment of another, and

(b) which they know or ought to know amounts to sexual harassment of the other.

(2) For the purposes of this section, the person whose conduct is in question ought to know that it amounts to sexual harassment of another if a reasonable person would think the conduct amounted to sexual harassment of the other.

(3) The conduct referred to in subsection (1) is known as street sexual harassment.

(4) A person (A) engages in conduct which amounts to street sexual harassment, or which they know or ought to know amounts to street sexual harassment, of another (B) if—

(a) A engages in unwanted conduct of a sexual nature, and

(b) the conduct has the purpose or effect of—

(i) violating B’s dignity, or

(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

(5) In deciding whether conduct has the effect referred to in subsection (4)(b), each of the following must be taken into account—

(a) the perception of B;

(b) the other circumstances of the case; and

(c) whether it is reasonable for the conduct to have that effect.

(6) For the purposes of this section, “conduct” includes speech, non-verbal attitudes such as gestures imitating or suggesting a sexual act, and obscene sound effects.

(7) A person who engages in any conduct in breach of subsection (1) is guilty of an offence.

(8) Where on any occasion an authorised officer finds a person who he has reason to believe has on that occasion committed an offence under section 1 above, he must give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty, unless subsection (9) applies.

(9) This subsection applies (and subsection (8) does not apply) if a person has previously—

(a) been found guilty of an offence under subsection (1), or

(b) made payment of a fixed penalty issued under subsection (8).

(10) Where a person is given a notice under this section in respect of an offence—

(a) no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and

(b) he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(11) A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(c) the person to whom and the address at which the fixed penalty may be paid; and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(12) Where a letter is sent in accordance with subsection (11)(c) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(13) The form of notices under this section shall be such as the Secretary of State may by order prescribe.

(14) The amount of a fixed penalty payable in pursuance of a notice under this section is £500.

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

This new clause creates an offence of engaging in unwanted conduct of a sexual nature in public. Those found to have committed an offence would be given an on the spot fine of £500. Those who commit the offence on further occasions would liable to receive a fine of up to £1000.

[Alex Cunningham]

I move new clause 1 in the name of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). I will also speak to new clause 23, which is in my name and those of my hon. Friend the Member for Rotherham and my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson).

For young women up and down the country, being harassed in a public place has become a way of life. Derogatory comments, wolf-whistling, stalking and harassment have become so commonplace that many women find themselves living in a constant state of fear simply by stepping out of their front door. The figures are as startling as they are shameful. A recent survey by UN Women UK showed that 80% of women in the UK have experienced sexual harassment in their lifetimes; that increases to a staggering 97% of women aged 18 to 24. The survey also showed that sexual harassment in the street had become so commonplace that the majority of women take no action, because they have lost all faith in the authorities to deal with it.

Shamefully, only 4% of women who had suffered sexual harassment reported the crime, and only 45% believed that reporting the crime would make any difference. Among those who did not report their crime to the police were people who had been groped, followed and coerced into sexual activity. This shows that women have a catastrophic lack of trust in the Government when it comes to doing anything about sexual harassment or to taking any concrete steps to tackle the underlying causes of it.

For many women, first-hand experience tells them that when they do report the crimes, they are often gaslighted, or told they are overreacting or making a fuss about nothing—yet nothing could be further from the truth. Being sexually harassed can have a profound impact on the lives of victims. Rose Caldwell, the chief executive officer of Plan International UK, points out:

“Street harassment makes girls feel ashamed, frightened and vulnerable. It causes them to change their behaviour, like avoiding certain streets or changing their clothes before leaving the house, which has serious implications for their freedom and autonomy.”

A feature on the news last night was about women and where they felt that they could and could not go when walking home in the evening.

Sexual harassment also acts as a precursor to other acts of violence and discrimination against women and girls. Laura Bates, founder of the Everyday Sexism Project, points out:

“As a society, the normalisation of sexual harassment in public spaces plays a huge part in creating a gendered power imbalance and ingraining derogatory attitudes and behaviours towards women. What starts in public places does not stop there. It plays into discrimination against women in the workplace and abuse in the home. If we say street harassment doesn’t matter, we are designating women’s bodies as public property and that has a huge knock-on impact.”

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[Alex Cunningham]

I am grateful to the Minister for her response and that commitment to tackling the issues being debated this morning. I recognise that it is not just a matter for legislation. It is a matter for education as well, working with boys, girls and young men to have a greater understanding of the impact that what they might think is a bit of fun can have on people’s lives.

The Minister talked about 160,000 or 180,000 responses —I think she used both figures—but either way, 160,000 responses to any consultation exercise is a tremendous result and I am delighted about that. It illustrates the extent of the problem that has existed for many decades. She talked about the forthcoming strategy and the report later this year. I think we can act now; we can do something now. We can do small things now as we await that and we have a number of amendments that can contribute to what will want to be achieved in time by the overall strategy. We do not need to wait many more months—possibly years—before something happens on this.

There was no indication from the Minister of when the strategy will be published. If it is later this year, we are a long way from the end of the year—when will the various provisions suggested within that strategy be implemented? That may require some form of primary legislation, so we will be looking at that next year, and there will be some time before it is implemented. It could be some considerable time before we see some action.

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Brought up, and read the First time.

[Alex Cunningham]

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

The Opposition think that this excellent new clause makes up for the missed opportunity in the Bill. I thank my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) and the hon. Member for Thurrock (Jackie Doyle-Price), who are the co-chairs of the all-part parliamentary group on women in the penal system. I also thank the Howard League, which acts as the secretariat to the APPG, for its continued energetic work on this issue.

Under the Bail Act 1976, the courts can remand an adult to prison for their own protection, or a child for their own welfare, without being convicted or sentenced, and when the criminal charge they face is unlikely to—or in some cases cannot—result in a prison sentence. The new clause would repeal the power of the criminal courts to remand a defendant into custody for their own protection—or in the case of a child, for their own welfare—pending trial or sentence. Last year, the Howard League published a briefing from the APPG that looked at those provisions and their use. The briefing concludes:

“The case for abolishing the power of the courts to remand for ‘own protection’ or ‘own welfare’ is overwhelming. The use of prison to secure protection and welfare is wrong in principle and ineffective, even damaging, in practice.”

It goes on to say:

“Repealing the provisions in their entirety would be in-keeping with the direction of other recent and proposed reforms. In particular it is in line with, and is a necessary and urgently required extension of, the reforms to the use of police cells as a ‘place of safety’ under the Policing and Crime Act 2017.”

Professor Sir Simon Wessely’s 2018 review “Modernising the Mental Health Act” recommended the removal of the power of the courts to remand defendants for their own protection and own welfare on mental health grounds. The Ministry of Justice has already indicated that it will act on that recommendation. The Government’s sentencing White Paper suggested there would be forthcoming reforms to remand for own protection but, disappointingly, that was not included in the Bill. On page 58 of the White Paper, the Government notes:

“The Independent Review of the Mental Health Act highlighted that there are still cases where sentencers appear to make decisions that prison is the safest option for some people who are mentally unwell, under current legislation in the Bail Act 1976 or the Mental Health Act 1983.”

It goes on to say:

“Prisons should be places where offenders are punished and rehabilitated, not a holding pen for people whose primary issue is related to mental health.”

The White Paper mentions a project by Her Majesty's Prison and Probation Service on these cases. Could the Minister provide an update on the work in that area? In the Lord Chancellor’s letter responding to the APPG’s report, he said,

“we are determined to ensure that remand to prison is not considered as an option when seeking a place of safety for a person in crisis. However, it is vital that the operational mechanisms are in place before any legislative reforms are made in order to ensure that the system can work smoothly and effectively to deliver this objective.”

Could the Minister please share an update on the operational mechanisms that the Lord Chancellor refers to? Are they in place yet? How much longer should we expect to wait for them to be so?

The provisions in the Bail Act are already out of step with the aims of our justice system, but the implementation of the proposals in the Bill will make them look even more outdated. Since there will now be a requirement to consider welfare before remanding a child, as we know how damaging even short stints in custody are for children, how does it make sense to keep a provision on the statute book to put a child into custody to protect their welfare? The ability to remand women and children for their own protection is, as Dr Laura Janes of the Howard League put it in one of our evidence sessions, “rather Dickensian”. The Opposition agree that this power in the Bail Act is completely outdated, and that it has no place in a modern justice system. We urge the Government to support the new clause so that we can do away with it.

[Sarah Champion]

It is always a pleasure to serve under your chairmanship, Sir Charles. I am fully supportive of new clause 3, because I think it addresses a rather patriarchal approach that is going on and needs flushing out. The all-party parliamentary group on women in the penal system recently released its third briefing report, “Arresting the entry of women into the criminal justice system”, and its key finding was that 40% of women arrested resulted in no further action. That figure is even higher for women who are arrested for alleged violence.

That shows to me that women are being arrested and put into custody disproportionately, without the necessary due process in terms of what the outcome is likely to be. This creates a drain on police resources and, to be quite honest, is a waste of time, as arrest is not an appropriate response to women showing challenging behaviour. We need a more nuanced approach. Many officers arrested women for fear of criticism from more senior officers if they did not, and black women are two and a half times more likely to be arrested than white women, which raises concerns. Officers need to realise that turning up in a uniform can actually make a situation much more tense, and many women are arrested due to their response to the police turning up, not necessarily because of what the police were called in for. Frances Crook of the Howard League put it very well when she said that these women are annoying, but not necessarily dangerous.

I am interested to hear the Minister’s thoughts on Lancashire police, who have started a pilot through which they bring independent domestic violence advisers to the scene where domestic altercations are going on. Officers are reporting that they have found that incredibly useful in de-escalating the situation, rather than just going straight to charging or bringing the woman in for their own protection. The new clause raises the points that first, there is a problem with the system, and secondly, more creative approaches can be used, so I am very interested to hear the Minister’s thoughts on it.

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[Chris Philp]

I am afraid that I do not have that precise figure to hand: I was relaying reports I have received from people who are active in this area. I can certainly see if that figure exists, and if it does, I would obviously be happy to share it.

The intent behind this amendment is clearly to ensure that prison is used only when strictly necessary. Of course, when somebody has a mental health crisis, for example, prison is not ultimately the best place for them to be, but there may be limited circumstances in which it is necessary to use remand for someone’s own protection—as a last resort, as I say. There is a risk that if we abolish this power without being absolutely clear what the alternatives are, vulnerable people could be left exposed. The Government agree with the sentiment behind this amendment, but we want to be certain that there will be no unintended consequences and no gaps created as a result.

[Alex Cunningham]

The Minister made the point that the use of this provision is very rare and that prison should be used only as a last resort. I accept that, but surely for such people we should ensure that there are facilities across the country, so that it is not necessary to remand a person, in any circumstances, to prison for the good of their own health.

[Chris Philp]

Clearly, the provision of alternative accommodation in those circumstances is the most desirable outcome. We need to think carefully and make sure we have covered the full range of circumstances that may arise. That is why the Government have committed to a review of this issue. We have already written to the all-party parliamentary group on women in the penal system to set out our plan for this, so that is in the public domain. I know the Howard League for Penal Reform has been campaigning in this area and it will be consulted as part of that review.

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[Chris Philp]

Yes, consideration of the available provision needs to form part of the review to ensure that, if the option were to be withdrawn, rarely used though it is, appropriate provision across the jurisdiction of England and Wales would be available.

As this is a complicated issue, and we do not want to accidently cause a gap in provision, and because a review has already been commissioned to look at the issue, I respectfully ask that the new clause is not pressed.

[Alex Cunningham]

I accept what the Minister says about unintended consequences. It is important that the individual is always protected. My hon. Friend the Member for Garston and Halewood has welcomed the review into this, and I do too. I also welcome the fact that the Minister responded positively to my hon. Friend when she talked about an outcome study about the people who are actually involved.

I look forward to hearing from the Minister at some time in the future about how that would work, to ensure that we work in the best interests of the people who are affected by this situation. We may well want to return to the matter in future, but for now, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 4

Video recorded cross-examination or re-examination of complainants in respect of sexual offences and modern slavery offences

“(1) Section 28 of the Youth Justice and Criminal Evidence Act 1999 comes into force in relation to proceedings to which subsection (2) applies on the day on which this Act is passed.

(2) This subsection applies where a witness is eligible for assistance by virtue of section 17(4) of the Youth Justice and Criminal Evidence Act 1999 (complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences).

(3) This section has effect notwithstanding section 68(3) of the Youth Justice and Criminal Evidence Act 1999.”—(Alex Cunningham.)

This new clause would bring section 28 of the Youth Justice and Criminal Evidence Act 1999, which provides for the cross-examination of vulnerable witnesses to be recorded rather than undertaken in court, fully into force for victims of sexual offences and modern slavery offences.

Brought up, and read the First time.

[Alex Cunningham]

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

[The Chair]

With this it will be convenient to discuss new clause 20—Special measures access for eligible witnesses—

“(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 19(2), omit paragraphs (a) and (b) and insert—

“(a) inform the witness of the special measures which are available to them by virtue of this Act; and

(b) give a direction under this section providing for whichever measure or measures as the witness may decide they wish to be applied to apply to evidence given by the witness.

Provided that a direction under paragraph (b) shall so far as possible ensure that the measure or measures provided for do not inhibit the evidence of the witness being effectively tested by a party to the proceedings.

(3) Omit section 19(3).”

This new clause would mean that once witnesses are determined as eligible for special measures they will be informed of all provisions and able to decide which option best suits them, rather than relying on the court to decide which measures would best improve the quality of evidence.

[Alex Cunningham]

The new clause will extend the roll-out of section 28 of the Youth Justice and Criminal Evidence Act 1999, which allows the cross-examination of vulnerable witnesses to be recorded rather than undertaken in court, to come fully into force for victims of sexual offences and modern slavery offences.

Section 28 is now in place at all 83 Crown court locations in England and Wales for vulnerable witnesses. That includes all child witnesses and any witness whose quality of evidence is likely to be diminished because they are suffering from a mental condition of a significant impairment of intelligence and social function, who have a physical disability or who are suffering from a physical condition that would impact their quality of evidence.

The Opposition are extremely supportive of the Government’s work in this area. However, we are concerned that the roll-out of that measure, which can obviate the distressing and sometimes traumatising experience of being cross-examined in court, is going far too slowly.

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[Chris Philp]

Let me finish the sentence—for all the circumstances that may arise in an individual case. Therefore, although we have guidelines, procedures and so on, ultimately, the management of any particular case, including things such as the use of live links and proceedings in the courtroom, are a matter for the very experienced judge who is looking at the case, the defendant and the witnesses in front of him or her, the judge.

That is why, ultimately, judicial discretion is required. However, we agree with the direction of travel. I have already mentioned some of the things that we are doing to push things further. I am certain that judges looking at our proceedings will respond accordingly and will take a positive, constructive and accommodating view where the issues arise. In fact, they already have a duty under section 19 of the Youth Justice and Criminal Evidence Act 1999 to take into account the views of the witnesses in making their decisions. We feel that that strikes the right balance.

[Alex Cunningham]

I do not know whether the Minister accepted the kind offer of my hon. Friend the Member for Rotherham to assist him in developing new clause 20 to make it fit for purpose. He has indicated with a nod of the head that he is pleased to work with her—is that the case?

[Chris Philp]

Always happy to work together on any issue.

[Alex Cunningham]

I am grateful for that clarification.

I am also heartened by the Minister’s response to new clause 4. I will not take anything away from the Government for the tremendous progress that they have made in this area. However, there have been many pilots and I believe that those have already proved that the system is working. I suspect that if it were not working, he would be looking to do something else, rather than extending the pilot. I hope that we can make some more progress sooner rather than later.

The Minister talked about the various recommendations in the rape review. I do not think that we need to wait for the Government to roll out their actions from the rape review. We could take some action now. I see the new clause as another opportunity to take another small step, but it is a significant step, to protect victims and even to improve the quality of evidence that is given in court. Who knows, that, too, might improve some of those abysmal conviction rates that we suffer as a country—suffered by victims who do not receive justice.

[Sarah Champion]

Does my hon. Friend agree that the fear of giving evidence as the system stands, prevents any justice from happening? Any movement that the Government can make that is sensitive to the needs of victims and survivors would be hugely beneficial.

[Alex Cunningham]

That is very much the case. Yesterday, following the statement from the Lord Chancellor, there were various discussions of the statistics around cases. For some people, the case does not get beyond the police investigation; it never reaches the CPS. That is because of some of the issues outlined by my hon. Friend. We believe that it is time to start taking action. I say gently that it is great to have warm words from Ministers, but we actually need to make real progress. I will therefore press the new clause to a Division.

Question put, That the clause be read a Second time.

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Brought up, and read the First time.

[Alex Cunningham]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 7—Offence of pet theft (Scotland)—

‘(1) The Animal Health and Welfare (Scotland) Act 2006 is amended as follows.

(2) After section 17 (protected animals) insert—

“17A Definition of pet

A protected animal is a “pet” for the purposes of this Act if it provides companionship or assistance to any human being.”

(3) After section 23 (animal fights) insert—

“23A Pet theft

A person commits an offence if they dishonestly appropriate a pet belonging to another person with the intention of permanently depriving that other person of it.”

(4) In section 40 (disqualification orders) after subsection (13)(b) insert—

“(ba) an offence under section 23A,”.

(5) In section 46 (penalties for offences) after subsection (1) insert—

“(1A) A person guilty of an offence under section 23A (pet theft) shall be liable—

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

(b) on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both.

(1B) When the court is considering for the purposes of sentencing the seriousness of an offence under section 23A it must consider the following as aggravating factors (that is to say, a factor that increases the seriousness of the offence)—

(a) that theft caused fear, alarm or distress to the pet, the owner or the pet or another person associated with the pet;

(b) the theft was for the purposes of commercial gain.”

(6) In Schedule 1 (powers of inspectors and constables for Part 2) after paragraph 4(5)(a) insert—

(aa) an offence under section 23A,”.”

New clause 8—Offence of pet theft: consequential amendments—

‘(1) The Police and Criminal Evidence Act is amended as follows.

(2) In section 17(1)(c)(v) (entry for purposes of arrest, etc in connection with offences relating to the prevention of harm to animals), for “and 8(1) and (2)” substitute “8(1) and (2) and 8A”.”

[Alex Cunningham]

We now turn our attention to quite a different subject. New clauses 6 to 8 would work as a package to create a new specific offence of pet theft, punishable by a custodial sentence of up to two years. As the Minister is aware, the theft of pets is currently an offence under the Theft Act 1968. However, although the law of theft caters for certain specific offences—for example, bicycles, scrap metals and even wild mushrooms, unbelievably—that is not the case for pets. That matters because the Theft Act does not consider a pet’s intrinsic value as a much-loved member of the family. Instead, it takes into account only its monetary or sale value.

I am sure that, like me, the Minister gets a regular flow of emails from animal lovers and owners who want tougher laws to deal with those who would deprive them of their pets. They value their pets way beyond many things in their lives and even make sacrifices to ensure they get the expensive vet treatment that they need. It seems absurd to us that the theft of a much-loved pet is currently regarded in law as the same as the theft of a mobile phone or a handbag.

Pets are living, sentient beings that come into our lives and become irreplaceable members of our families. I do not mind saying that it broke my heart when my dog, Lady, died. It was the same when KT the cat died. He was called KT after we discovered that we had a male cat, which had previously been named Katie by one of my sons.

We believe that legislation and sentencing must reflect reality, and that is why Labour tabled new clause 6. It would create a specific offence of pet theft that would enable courts to deliver sentences for pet theft offences that properly reflect the attitudes of modern society. I know the Minister will remind us that the Government are looking to reform this area of the law, but that was due to happen last year.

Fewer than 1% of pet thefts lead to charges being brought. Although the Theft Act allows for a minimum custodial sentence of up to seven years’ imprisonment, the evidence shows us that someone found guilty of pet theft is far more likely to be handed a caution than a custodial sentence. That is because the vast majority of cases involving pet theft will be handled by the magistrates courts, rather than the Crown court. That is exactly why we need a change in the law. Creating a specific offence of pet theft, rather than leaving offences to be prosecuted under the Theft Act, would mean that judges are able to sentence acts of pet theft in accordance with the huge emotional damage that the offence causes.

The change is as important as it is timely. As the Minister is aware, the number of pet thefts—dog thefts in particular—has skyrocketed during the pandemic. Five police forces across England and Wales reported more acts of dog theft in the past seven months than during the whole of the previous year. Indeed, the number of dog thefts has been increasing year on year for the best part of the past decade, and we are now at the point where, on average, at least five dogs are stolen in England and Wales each and every day. That is a staggering and horrifying figure. I have heard of pets actually snatched from their owners in the street, as criminals steal them to order.

What is even more worrying is that, while the number of dog thefts increases with each year, the number of court charges relating to dog theft has gone down. In 2015, only 62 court charges were brought. In 2016, that had decreased to 48, and by 2017 the number was only 37. By failing to take decisive action as pet thefts rocket and successful prosecutions fall, the Government are sending a dangerous message to criminals—that they can continue to break the hearts of families up and down the country with complete impunity.

Given that the Government have taken no action, the Opposition feel that we must step in and offer them an opportunity for change with a specific offence of pet theft, punishable with a custodial sentence of up to two years. Again, that would allow judges to hand down sentences that properly reflect the emotional family value of a pet, rather than simply its value as an object. That seems to us a wholly sensible response to the current crisis of pet thefts that we see today. Pets are not simply objects; they are invaluable members of our family, within our homes. They provide emotional comfort, support and happiness to families across the country.

It is not just the Opposition who recognise that. The Minister will be aware that many animal welfare groups support a change in legislation, as do members of his own party and the vast majority of the public. The current system does not work and it is the country’s 12 million households that have pets who are being let down. I hope that the Minister, rather than saying that the Government will sort this issue out some other time, will take decisive action and support the new clauses today.

[Sarah Champion]

I am extremely grateful to my hon. Friend the Member for Stockton North for tabling these new clauses, because during the pandemic in particular the rate of dog theft has gone through the roof, as the cost of puppies, dogs and all other pets has also skyrocketed.

These animals are worth so much more than their monetary value; they are valued members of our households. And we have seen some very high-profile cases that demonstrate the impact when pets are stolen. The law needs to catch up and I really urge the Minister to take this opportunity to do that.

In March, DogLost—a UK charity that helps victims of dog theft—recorded a 170% increase in the rate of this crime between 2019 and 2020. It is very welcome that in May the Government announced a taskforce that will consider the factors contributing to the rise in dognapping and recommend solutions to tackle the problem, but we do not need just another consultation. What we actually need is action and the Bill provides the perfect opportunity for the Government to take that action.

Campaigners against dog theft have called for pet theft to be made a specific offence and they are right to do so. That crime needs more robust punishment than just being covered by theft of property; treating pets just as “property” does not recognise the emotional attachment that people place on them.

--- Later in debate ---

[Chris Philp]

My hon. Friend makes a good point, and those topics are precisely the ones the taskforce is addressing to make sure the appropriate statutory powers exist. The maximum sentence of seven years is there. The ability to take account of emotional distress and non-monetary value is there in black and white, in the Sentencing Council guidelines. I talked through a couple of examples in which instances of high harm and high culpability can lead to substantial periods in custody. Even if the level of harm was 3, there would still be level A culpability and the possibility of between six months and several years in custody. The powers are there in statute. The question is more practical, as my hon. Friend says, and that is exactly what the taskforce will address.

[Alex Cunningham]

The Minister is outlining how people who steal pets could get up to seven years in jail, but there is no evidence at all, anywhere in the country, to suggest that those cases go beyond magistrates court. The sentence is normally a fine; there is no evidence of custodial sentences. I do not know what the Minister proposes to do to improve guidance to the courts on how they deal with that, but perhaps it is something he needs to consider.

[Chris Philp]

That is exactly the kind of question the taskforce will be considering. Under the 1968 Act, theft is a triable either-way offence, which means it can be tried in the Crown court or the magistrates court. One matter the taskforce might consider is where the more serious of those offences are prosecuted. The option of the CPS seeking to have more of the cases tried in the Crown rather than the magistrates court could be explored, and that is a topic the taskforce most certainly may consider.

It is also worth mentioning that, in addition to the work of the taskforce and the existing powers relating to a maximum sentence of seven years, there is a lot more the Government are doing. For example, in the area of animal welfare, we are introducing legislation to recognise animals as sentient beings and putting animal welfare at the heart of Government policy decision making. We have also supported calls for increasing the penalty for animal cruelty from six months to five years under the Animal Welfare (Sentencing) Act 2021, which received Royal Assent in April.

[Chris Philp]

On monetary or emotional value, the Sentencing Council guidelines recognise emotional value and non-monetary worth. The hon. Lady asks about the interaction between the 2021 Act and sentience, on which we are looking to legislate. That is the kind of topic that the taskforce will have in mind. It is an interesting point, and I will ensure that it features in the taskforce’s deliberations.

Given the work that the taskforce is doing across a far wider area than the criminal offence, and given that the criminal offence already has a maximum of seven years and that emotional value is recognised, I feel that the taskforce is doing the necessary work to step up action in this area. We recognise that there is a problem. More needs to be done, and the taskforce is doing it.

[Alex Cunningham]

Pet owners across the country will be delighted that we have had the debate. We listened to what Members have said and listened the Minister’s response, and we look forward to the taskforce reporting. I do not know when the report is due, but pet owners across the country still want the Government to take action. We do not want any more dilly-dallying; we need the Government to act. We hope that they will press the taskforce to report quickly and to make recommendations that will deliver what the public want: more severe sentences for people who would steal their pets. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 9

Rental of high performance vehicles

“(1) It is an offence to offer for rental a motor car of more than 300 brake horsepower, unless the motor car is fitted with a black box.

(2) For the purposes of this section, a black box is a telematic device which records information about the way a motor car is driven.

(3) The Secretary of State must by regulations determine the information which a black box must record for the purposes of this section.

(4) Regulations under subsection (3) must provide, at a minimum, for the following information relating to the motor car to which it is fitted to be collected throughout the period of rental—

(a) its location;

(b) its speed; and

(c) its rate of acceleration or deceleration.

(5) The information recorded by the black box must be disclosed to a constable on request, and the failure to disclose such information is an offence.

(6) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(7) The Secretary of State must by regulations determine how the brake horsepower of a motor car is to be calculated for the purposes of this section.

(8) For the purposes of this section, “motor car” has the meaning given by section 185 of the Road Traffic Act 1988.” —(Sarah Jones.)

Brought up, and read the First time.

[Sarah Jones]

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

The new clause was tabled by my hon. Friend the Member for Halifax (Holly Lynch), with my support and that of my hon. Friends the Members for Hove (Peter Kyle) and for Stockton North. It would produce more accountability in the rental of high-performance vehicles or supercars. I understand that the issue of high-powered vehicles being driven recklessly in and around neighbourhoods, thereby plaguing towns and communities, is a challenge not only in parts of West Yorkshire, but across the country. Many attempts have been made to combat the issue at local level, involving local authorities working side by side with police forces, but such partnership initiatives can go only so far, and it has become clear to all involved that action at national level is needed.

More often than not in the examples of road traffic offences committed by people using cars described as high-performance vehicles, supercars or even prestige cars, the driver is not the owner, but has hired the vehicle. In recent years, there has been an increase in people hiring cars such as Lamborghinis and Ferraris and passing the keys to someone else, if not several others. The vehicles are then driven at dangerously high speeds, which puts other road users, pedestrians and the drivers themselves at risk.

Often the driver will not have the appropriate insurance. They will argue that they believed that they were somehow covered by the rental agreement, by their own insurance or simply by the fact that the person who hired the car had given them consent to take it around the block. They will say that they had not intended to crash, so they did not need insurance. In the majority of cases, they will not have experience of handling 300 hp-plus vehicles, which can be deadly in the wrong hands. Many companies that hire out vehicles operate responsibly and with transparency, but there are much darker elements in the industry. The sliding scale of criminality ranges from drivers engaging in antisocial use of the roads in communities to dangerous and reckless driving through to serious and organised crime.

What can we do to ensure that all companies that rent performance vehicles act responsibly and drivers are accountable for their actions behind the wheel? The new clause makes a start, and it follows a ten-minute rule Bill that was introduced on the Floor of the House on 24 February by my hon. Friend the Member for Halifax. She recalled a recent example in which a police officer had stopped two high-performance vehicles on the same 40 mph road, one going at 76 mph and the other at 86 mph.

The new clause would mandate all rental vehicles of 300 hp or above for use on public highways to be fitted with a black box. A black box is typically the size of a matchbox and it records information about how and when a car is driven. Many hire car companies act competently and do their very best to ensure that their vehicles do not fall into the hands of the irresponsible—that includes fitting black boxes—but a minority fail to carry out due diligence.