Crime and Policing Bill (Eighth sitting)

Alex Davies-Jones Excerpts

Committee stage
Tuesday 8th April 2025 Public Bill Committees

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

I beg to move amendment 14, in clause 42, page 46, line 31, at end insert—

“(7) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under the Sexual Offences Act 2003), after the entry for section 10 insert—

‘section 11 (engaging in sexual activity in presence of child)’.”

This amendment excepts the offence of engaging in sexual activity in the presence of a child from the defence in section 45 of the Modern Slavery Act 2015.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Alex Davies-Jones]

It is a pleasure to serve under your chairship, Ms Lewell.

The clause makes a series of important changes to the existing criminal law by amending a number of serious sexual offences in the Sexual Offences Act 2003. Consequently, I am delighted to talk about the clause, to explain what it does and its importance, and to give a little of the interesting history behind the law in the area, which I hope will inform the Committee.

The key legislation, which we will debate throughout the passage of the Bill, is the Sexual Offences Act 2003, which followed a full and extensive consultation entitled, “Setting the Boundaries”, and significantly modernised and strengthened the laws on sexual offences in England and Wales, mainly to provide extra protection for children from sexual abuse and sexual exploitation. The 2003 Act amalgamated and replaced elements of the Sexual Offences Act 1956, the Indecency with Children Act 1960 and the Sex Offenders Act 1997.

The 2003 Act was the first major overhaul of sexual offences legislation for more than a century, and it set out a strong, clear and modern approach to this sensitive area of the law. The Act set clear limits and boundaries about behaviour with children, and reflects what we know today about the patterns and impact of sexual abuse in childhood. It was designed to meet the 21st-century challenges of protecting children, and applies to issues such as internet pornography and grooming children for sexual abuse. The Act also contained measures against abuse by people who work with children, and updated the laws on sexual abuse within families, acknowledging that children can be at risk from within families.

All those measures were designed to provide a clear and effective set of laws to deter and punish abusers, giving the police and the courts the up-to-date offences that they needed to do their job, while ensuring that children have the strongest possible protection under the law. The Act widened the definition of some offences —for example, bringing the non-consensual penile penetration of the mouth within the definition of rape under section 1 of the Act. It created new offences for behaviour that was not previously covered specifically by an offence—for example, the paying for the sexual service of a child and voyeurism. It also extended the age covered by certain offences against children from 16 to 18 and, importantly, gave additional protection to vulnerable adults. The Act provides rightly robust sentences that reflect the seriousness of the offending.

“Setting the Boundaries” was a groundbreaking review, covering some of the most heinous and disturbing areas of offending. The then Home Secretary, Jack Straw, who commissioned the review, stressed that point when he wrote in the review’s foreword:

“Rape and other sexual offences of all kinds are dreadful crimes which deeply affect the lives of victims and their families, and whole communities. Modernising and strengthening the law can make a direct contribution to our aim of creating a safe, just and tolerant society. We give particular priority to the protection of children, and welcome the emphasis the review has given to increasing this protection and also that of vulnerable people.”

He went on to say that he

“set up the review to consider the existing law on sex offences, and to make recommendations for clear and coherent offences that protect individuals, especially children and the more vulnerable, from abuse and exploitation, and enable abusers to be appropriately punished.”

The review’s

“recommendations also had to be fair and non-discriminatory in accordance with the European Convention on Human Rights and the Human Rights Act.”

Today, the Government remain of the view that our priority is to ensure that the public, including society’s most vulnerable, are given the full protection that the law is capable of offering. It is vital that society is protected from the scourge of sexual abuse, manipulation and exploitation in all of its forms. Children, of course, require additional protection from that awful offending. It is vital that we ensure that the criminal law is kept fully up to date in this area to ensure the safety of vulnerable young people.

With regards to children, the review itself acknowledged:

“The criminal law performs a vital role in society by setting standards of acceptable and unacceptable conduct. In making certain types of sexual behaviour criminal, the law provides protection, and supports and maintains the boundaries of acceptable behaviour in the family and community. Children need particular protection in the field of sexual relations because they are physically and emotionally dependent and not yet fully physically or psychologically mature. The law has long held that children are not, and should not, be able to consent to any form of sexual activity in the same way as adults.”

Indeed, the response to the review’s initial invitation to contribute ideas as of January 1999 overwhelmingly supported increasing the level of protection from sexual abuse available to children.

In addition, the review found that:

“The victims of sexual violence and coercion are mainly women. They must be offered protection and redress, and the law must ensure that male victims/survivors are protected too…The law must make special provision for those who are too young or otherwise not able to look after themselves and offer greater protection to children and vulnerable people within the looser structures of modern families.”

That still remains the case. We must continue to ensure that the criminal law keeps up to date with developments, and ensure that police, prosecutors and the courts are fully equipped to deal with this grave offending. We need to offer full protection to victims of such appalling abuse and exploitation.

The review recommended that as a matter of public policy the age of legal consent should remain at 16. However, to provide further protection for younger children, the review recommended that the law:

“setting out specific offences against children should state that below the age of 13 a child cannot effectively consent to sexual activity”.

As a result, the 2003 Act contains a range of offences that target specifically those who sexually abuse children under the age of 13 years. For example, sections 5 to 8 of the 2003 Act provide a range of offences capturing sexual activity with a child under 13, and it is very clear that consent in these offences is irrelevant. A child under 13 does not, under any circumstances, have the legal capacity to consent to any form of sexual activity.

Those under-13 offences overlap to a very significant extent with the child sex offences at sections 9 to 15 of the 2003 Act, which are designed to protect children under 16. This is to ensure that the criminal law provides the youngest and most vulnerable in society with protection from sexual abuse, and in doing so provides higher maximum sentences for these very serious offences. Under-13 offences are offences of strict liability as to age. The prosecution must prove only two facts: first, that there was intentional sexual activity, and secondly, the age of the complainant at the date of the sexual activity—for example, by a certified copy of a birth certificate, together with evidence of identity.

The principle of strict liability as to age for victims under 13 years old is reflected in the terms of other sexual offences in the 2003 Act. That includes section 11 of the Act, the offence of engaging in sexual activity with a child. That particular offence is one that will be directly amended and affected by provisions proposed in clause 42. While the 2003 Act—and the many amendments and additions to that legislation over the years, rightly championed by Members across this House—provided robust offences to deal with sexual abuse, we are introducing provisions to tighten up the law further to ensure additional protection for those who need it.

Broadly, we are amending and thereby strengthening the current suite of offences that apply where a person engages in sexual activity in the presence of a specified individual, for example child or, in certain circumstances, a person with a mental disorder. Our provisions will amend and toughen up the following offences in the Sexual Offences Act 2003: section 11, “Engaging in sexual activity in presence of child”; section 18, “Abuse of position of trust: sexual activity in presence of child”; section 32, “Engaging in sexual activity in presence of person with mental disorder impeding choice”; section 36, “Engaging in sexual activity in presence, procured by inducement, threat or deception, of person with mental disorder”; and section 40, “Care workers: sexual activity in presence of person with mental disorder”.

For example, it is currently a criminal offence under section 11 of the 2003 Act for a person, “A”, to intentionally engage in sexual activity to gain sexual gratification when a child under the age of 16, “B”, is present or is in a place from which A can be observed, but currently only when A knows or believes that B is aware—or intends that they be aware—that A is engaging in the sexual activity. This offence carries a maximum 10 years’ imprisonment and sexual offender management requirements. Significantly, this offence does not allow a defence of reasonable belief in age if the child is under 13.

The issue of concern here, and with the range of similar offences that I have listed, is the requirement that the defendant should know or believe that the victim is aware of his behaviour, or intend that the victim should be aware of the relevant activity. These requirements may initially appear reasonable. However, they mean this offence would not, for example, capture those who commit sexual activity in the presence of a child for sexual gratification, and who obtain such gratification from the presence of the child—even if the child is apparently unaware of the activity happening in their presence. If the defendant is performing a sexual act in the presence of a child who is asleep and gains sexual gratification from that mere presence, he cannot be charged under the existing section 11 offence; nor, for example, could he be charged for his behaviour if the child was pretending to be asleep—even pretending out of sheer terror—while aware of the appalling behaviour being carried out, if the defendant believed the child to be asleep and therefore unaware of what was going on.

I am sure hon. Members will agree that the criminal law being unable to prosecute such behaviour in this example scenario is unacceptable. The Government strongly believe this flaw must be rectified as a matter of urgency, to ensure that children and other specific groups of the most vulnerable in our society are protected by the criminal law and not denied justice should they become victims of such behaviour.

These amendments are not mere technicalities, nor are they addressing pseudo-philosophical “What if?” scenarios. They are a direct and swift response to concerns expressed by those on the frontline: the police, who have to come face-to-face with the consequences of this disturbing and damaging offending.

We have listened carefully to those on the frontline who are dealing with this awful behaviour. They have provided us with evidence of the difficulties in prosecuting a small number of nevertheless worrying cases, in which it was clear that the perpetrator engaged in the sexual activity because they obtained sexual gratification from a child’s mere presence, but where there was insufficient evidence that the perpetrator knew, believed, or intended that the child was aware of the sexual activity.

These things are happening now. Such offenders are slipping through the net. It may only be in small numbers, but that is irrelevant when dealing with this level of offending and exploitation. This disturbing, unpleasant and damaging behaviour must not go unchecked by the justice system or by the law. It must not go unpunished. Our provisions will ensure that the law is able to make sure that it does not.

We believe it is entirely wrong that, for example, a defendant masturbating while standing next to a child’s bed—to obtain sexual gratification from the child’s presence—cannot be convicted if they successfully argue they did not believe the child was aware of the sexual activity. In such a case we think it is entirely right that the person should be guilty of a criminal offence. We also want to ensure that these behaviours are capable of being prosecuted in future. This is not just to bring offenders to justice but, importantly, to be able to manage these sexual offenders when they are eventually released into the community, and to prevent further offending, where there is specifically potential for further sexual offences against children or vulnerable adults.

It is clear that some people may legitimately engage in sexual activity in the presence of a child—say a couple who live in a one-bedroom flat and by necessity have to sleep with a baby or very young child in the room. Others may have to have a young child in the room for the monitoring of health problems and so forth. We can all think of legitimate examples. I must make it clear that we do not want to criminalise those people who engage in sexual activity in the presence of a child but not for the purposes of obtaining sexual gratification from the child’s presence. In those circumstances, the presence of the child is purely incidental. We have deliberately drafted our provisions to ensure that those people will not be criminalised.

To exclude such behaviour from being captured within the relevant range of offences, we have retained the requirement for a direct link between the purpose of obtaining sexual gratification and the activity occurring in the child’s presence. I hope that that assures hon. Members that our provisions have been carefully crafted to rightly exclude those who may legitimately engage in sexual activity when a child is merely present. The Government’s intention with this clause is to capture the criminally culpable, not the innocent.

Government amendment 12 seems a relatively modest amendment but, again, it is an important one. It adds the offence of sexual activity in the presence of a child at section 11 of the Sexual Offences Act 2003 to schedule 4 of the Modern Slavery Act 2015. The effect of this amendment is to thereby remove the section 11 offence from the ambit of the statutory criminal defence available at section 45 of the Modern Slavery Act 2015. I hope that I have convinced hon. Members of the importance of these provisions and of the necessity for swift action on our part.

Sexual offending, particularly against children and the most vulnerable, is a deeply distressing area of the law, and one that I know affects even legislators when considering reform, as we are today in this Committee. Over the years, the nature of sexual abuse, offending, manipulation and exploitation has changed, and it continues to change. Alongside the changing nature of offending, with which the law must keep up, gaps in the existing law are coming to light, highlighting those cases where serious offenders may be able to slip through the net of even the most well-intentioned and crafted drafting.

--- Later in debate ---

[Harriet Cross (Gordon and Buchan) (Con)]

As we have heard, clause 42 effectively incorporates provisions that had been included in the Criminal Justice Bill and is a key provision concerning sexual offences, specifically focusing on the offence of engaging in sexual activity in the presence of a child.

The clause makes an important amendment to the Sexual Offences Act 2003, which forms a core legislative framework addressing sexual offences in the UK. In particular, clause 42 expands on the existing provisions to enhance the protection of children from sexual exploitation and harm.

Under the Sexual Offences Act, certain sexual offences are committed when a child is involved, such as sexual activity involving children, or causing or inciting a child to engage in sexual activity. However, one area that has been highlighted for reform involves situations where a child might be exposed to sexual activity in a way that, while not directly involving them in the act, still results in harm.

Prior to the introduction of clause 42, the law did not adequately address situations where a child was the passive observer of a sexual activity. For instance, in scenarios where an adult or adults engage in sexual activity with each other in the presence of a child, the law might not have captured this activity as an offence, despite the potential psychological harm to the child. Clause 42 seeks to close this gap by making it an offence for an adult to engage in sexual activity in the presence of a child. This means that any sexual activity taking place in the physical presence of a child, even if the child is not directly involved in the sexual conduct, could now result in criminal liability.

The clause expands the scope of existing sexual offence laws to include situations that may not necessarily involve the direct participation of the child, but still expose the child to inappropriate activity or material that could be damaging to their wellbeing.

Clause 42 also sees parallel offences involving sexual activity in the presence of a person with a mental disorder, impeding their choice, and similar provisions in the Sexual Offences Act. Those individuals, too, might not fully understand the sexual nature of what the offender is doing. Previously, there might have been the same issue with the law of requiring awareness. Clause 42 offers a broad safeguard for those who cannot consent or comprehend.

The clause seeks to offer further protection for children by recognising the potential harm caused by exposure to sexual activity, even if it is not directed at them. The law would now acknowledge that witnessing such an act could have a detrimental impact on the child’s emotional, physiological, psychological or developmental health.

Although we support the clause, I seek clarity from the Minister on a couple of points. In situations where sexual activity takes place in private or behind closed doors, it might be difficult to establish whether a child was present or the extent of their exposure to the activity. Proving the impact on the child could also be challenging, particularly where psychological harm or emotional distress is not immediately apparent. What discussions has the Minister had on that matter? I note that, as we have discussed a number of times today, Government amendment 14 carves out an important exception of the offence from the defence in section 45 of the Modern Slavery Act 2015.

Clause 42 represents an important development in child protection law. At present, as the Minister has said, an offence is committed only where a person knows or believes that the child or person with a mental disorder is aware of the activity, or where a person intends that the child or person with a mental disorder be aware of the activity.

The provisions will amend these offences to capture situations where, for the purpose of sexual gratification, a person intentionally engages in sexual activity in the presence of a child, even if they do not intend for the child to be aware of the activity. The examples covered by this amendment are clearly heinous, and we welcome the clause.

[Alex Davies-Jones]

I welcome the hon. Lady’s comments and the fact that the Opposition welcome the clause to close this loophole to protect children and the most vulnerable.

Hopefully I have outlined how we carefully crafted the clause to ensure that we do not capture those who innocently engage in sexual activity in the presence of a child, and not for the purposes of sexual gratification. We do not want to criminalise those who have to share a bedroom with a baby, a young child or somebody with a health condition, and are not seeking sexual gratification from engaging in sexual activity in the presence of a child. We have worked very closely with partners and stakeholders to ensure the law is crafted carefully so that we do not criminalise those people. The clause seeks to criminalise only those perpetrators who seek to gain sexual gratification from the presence of a child, whether the child knows or not.

I therefore commend the clause to the Committee.

Amendment 14 agreed to.

Clause 42, as amended, ordered to stand part of the Bill.

Clause 43

Child sex offences: grooming aggravating factor

[Harriet Cross]

I beg to move amendment 42, in clause 43, page 48, line 23, at end insert—

“70B Group-based sexual grooming of a child

(1) This section applies where—

(a) a court is considering the seriousness of a specified child sex offences,

(b) the offence is aggravated by group-based grooming, and

(c) the offender was aged 18 or over when the offence was committed.

(2) The court—

(a) must treat the fact that the offence is aggravated by group-based grooming as an aggravated factor, and

(b) must state in court that the offence is so aggravated.

(3) An offence is ‘aggravated by group-based grooming’ if—

(a) the offence was facilitated by, or involved, the offender, who was involved in group-based grooming, or

(b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could have reasonably been expected to know that said person was participating, or facilitating group-based grooming, or

(c) the offender intentionally arranges or facilitates something that the offender intends to do, intends another person to do, or believes that another person will do, in order to participate in group-based grooming.

(4) In this section ‘specified child sex offence’ means—

(a) an offence within any of subsections (5) to (7), or

(b) an inchoate offence in relation to any such offence.

(5) An offence is within this subsection if it is—

(a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),

(b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),

(d) an offence under any sections 9 to 12 of that Act (other child sex offences),

(e) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence),

(f) an offence under any of sections 16 to 19 of that Act (abuse of position of trust),

(g) an offence under section 25 or 26 of that Act (familial child sex offences), or

(h) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children).

(6) An offence is within this subsection if it is—

(a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent),

(b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder),

(c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or

(d) an offence under any of sections 66 to 67A of that Act (exposure and voyeurism),

and the victim or intended victim was under the age of 18.

(7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.

(8) For the purposes of this section—

(a) ‘group-based grooming’ is defined as a group of at least three adults whose purpose or intention is to commit a sexual offence against the same victim or group of victims who are under 18, or could reasonably be expected to be under 18.”.

This amendment would introduce a specific aggravating factor in sentencing for those who participate in, or facilitate, group-based sexual offending.

--- Later in debate ---

[Alex Davies-Jones]

I thank the Opposition Front Benchers for tabling amendment 42 and new clauses 47 to 49. I also thank hon. Members for their contributions to the debate—in particular, the hon. Member for Windsor, who gave a thoughtful contribution, and my hon. Friend the Member for Cardiff West, a good friend who has worked his entire career to ensure that victims get the justice they deserve. His passionate contribution to the debate reminds us all exactly why we are here in this place: to deliver for victims of these heinous crimes, to make sure that the perpetrators receive the full force of the law, and to ensure that any gaps in legislation and recommendations of inquiries are followed through with. That is exactly what we are doing today.

Before I respond to the amendments, I will explain the rationale for clause 43. I am pleased to speak to it, and I know that its provisions have been welcomed by hon. Members across the House. In recent years, there have been a number of high-profile cases involving so-called grooming gangs—groups of offenders involved in heinous child sexual exploitation—including those in Rotherham, Telford, Newcastle, Rochdale and Oxford. In February 2022, the independent inquiry into child sexual abuse recommended

“the strengthening of the response of the criminal justice system by…amending the Sentencing Act 2020 to provide a mandatory aggravating factor in sentencing those convicted of offences relating to the sexual exploitation of children.”

The Government want to ensure that the sentencing framework reflects the seriousness of child sexual abuse and exploitation. In January, the Home Secretary committed to

“legislate to make grooming an aggravating factor in the sentencing of child sexual offences, because the punishment must fit the terrible crime”.—[Official Report, 6 January 2025; Vol. 759, c. 632.]

Clause 43 will require courts to consider grooming an aggravating factor when sentencing for specified child sex offences, including rape and sexual assault. It will capture offenders whose offending is facilitated by, or involves, the grooming of a person under 18. The grooming itself need not be sexual.

The measure will capture models of exploitation not currently directly addressed by existing culpability factors. It will create an obligation on courts to aggravate sentences where the offence has been facilitated by grooming undertaken by either the offender or a third party, for example where an offender assaults a victim who has been groomed by another member of a grooming gang. It will also capture instances where grooming is undertaken against a third party, for example where a victim has been groomed to recruit others.

The measure requires the courts to consider grooming an aggravating factor when sentencing in relation to any of the listed child sex offences. However, I must be clear that it will be in the court’s discretion to consider grooming an aggravating factor when sentencing for any offence, where it is relevant to the offending, regardless of the age of the victim.

I understand that the Opposition’s intention with their amendment 42 is to require courts to consider group-based grooming as a specific aggravating factor when sentencing sexual offences committed against children. Clause 43 already requires courts to consider grooming an aggravating factor when sentencing for specified child sex offences. This includes, but is not limited to, offences facilitated by or involving the group-based grooming of a child. An aggravating factor makes an offence more serious and must be considered by the court when deciding the length of the sentence.

The Sentencing Council’s overarching guidelines make

“offence committed as part of a group”

an aggravating factor. That means that, when sentencing for grooming gang offences, a court will be able to aggravate the offence to take into account the grooming behaviour, and then additionally aggravate the offence to take into account the fact that the offending was committed as part of a group. An aggravating factor for group-based grooming, as proposed in amendment 42, would be likely to have a more limited application, as the court could not apply the factor unless it was satisfied that the offender was a member of a group, which may be difficult to prove.

Clause 43 will go further than existing sentencing guidelines, by capturing models of group-based exploitation that are not currently directly addressed by grooming high-culpability factors. It will create an obligation on courts to aggravate sentences in instances where the offence has been facilitated by grooming undertaken by either the offender or a third party, for example where an offender assaults a victim who has been groomed by another member of a grooming gang or group. It will also capture instances where grooming is undertaken against a third party, for example where a victim has been groomed to recruit others. For that reason, I urge Opposition Members not to press amendment 42.

New clause 47 seeks to establish a statutory national inquiry into grooming gangs. It therefore seeks to revisit the questions considered by the seven-year-long independent inquiry into child sexual abuse. During the passage of the Children’s Wellbeing and Schools Bill, the Opposition tabled similar amendments—maybe even identical ones—on the basis that the independent inquiry “barely touches on” grooming gangs.

IICSA, as is common practice for a public inquiry, involved a series of smaller inquiries and investigations of different strands. One of those inquiries was on child sexual exploitation by organised networks—the entire focus of that inquiry was grooming gangs. It took two years and reported three years ago, in February 2022. It is clear from cross-refencing new clause 47 with the scope of the previous investigations into grooming gangs that it seeks to revisit questions already examined by the inquiry. For example, subsection (2)(a) of the new clause seeks an inquiry into grooming gangs to

“identify common patterns of behaviour and offending”.

However, the scope of the previous grooming gangs inquiry states that it will investigate “the nature” of sexual exploitation by grooming gangs. I could go on and on.

If we continue to call for inquiry after inquiry along the same lines, we will undermine the whole system of public inquiries, including public trust in them and public tolerance for the resources of the state that they demand. Therefore, rather than engage in gesture politics by re-running inquiries without the evidence and data that we need, it makes sense to take the Government’s approach, with Baroness Louise Casey’s audit there to fill in the gaps that have already been identified by the previous inquiry. That audit is well under way, as we heard today in the Chamber from my hon. Friend the Safeguarding Minister, and it will report in due course.

The Government are also setting up a new victims and survivors panel, not just to guide Ministers on the design, delivery and implementation of the plans of IICSA, but to produce wider work on child sexual exploitation and abuse. Elsewhere in the Bill, we are making it mandatory to report child sexual abuse, and we will be making it an offence to prevent such reports from being made, as well as introducing further measures to tackle those organising online child sex abuse. As I have set out, we are legislating to make grooming an aggravating factor in sentencing for child sexual offences.

New clause 48 seeks to identify the ethnicity of members of grooming gangs and require regular reporting on the same. The 2022 inquiry into grooming gangs identified widespread failure to record the ethnicity of perpetrators and victims, and inconsistency of definitions in the data, which has meant that the limited research available relies on poor-quality data. The child sexual exploitation police taskforce already collects and publishes ethnicity data on group-based child sexual exploitation. However, we are committed to improving that data, and we have asked the taskforce to expand the ethnicity data that it collects and publishes. Baroness Casey’s audit will also look to uncover the gaps in current knowledge and understanding of grooming gang crimes, including ethnicity, which will inform our future work.

Finally, new clause 49 would require ethnicity data on sex offenders to be published on a quarterly and yearly basis. The ethnicity of those convicted of sex offences is already available in the “outcomes by offence” data tool. The data is published by the Ministry of Justice quarterly, and it is available in the public domain. The new clause would, in effect, require the duplication of data that is already available pertaining to the ethnicity of convicted sex offenders.

In conclusion, not only are new clauses 47 to 49 unnecessary, but they detract from the Government’s vital work to tackle the crimes of grooming gangs and other sex offenders. On that basis, I respectfully ask the hon. Member for Gordon and Buchan not to move them when they are reached later in our proceedings.

[Harriet Cross]

I will keep my comments brief. I thank everyone who has contributed; I appreciate that this issue raises tensions. I know that no matter what side of the House we are on and no matter what angle we come at this from, everyone wants what is best for children and to prevent any sort of gang-based grooming or sexual violence against them. Any approach we can take to prevent that is one that we should consider. I listened to every word that the hon. Member for Cardiff West said and I understand it, but anything we are able to do to make a difference, I want done. I do not care which side of the House does it—I really do not.

Crime and Policing Bill (Sixth sitting)

Alex Davies-Jones Excerpts

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[Matt Vickers]

It is good to get rid of the perception, but it is all about the real-world consequences. As it stands, if there is such a perception, we need to smash it. People need to know that 90% of such charges relate to goods under the value of £200; it needs to be pushed out that this is a thing. When we look at retail crime overall, the biggest problem, which we tried to solve with our amendment to clause 15, is not only changing perceptions but ensuring that police forces realise that retail crime has huge consequences and needs to be prioritised. That is the fundamental problem, so it is about ensuring that the priorities are right. I do not think that changing the legislation in this space will solve that problem.

I want to go back to Oliver Sells, because I think he is a fascinating guy. He said:

“I think it is a serious mistake. I can see why people want to do it, because they want to signify that an offence is a very important in relation to shop workers. I recognise that; I have tried many cases of assaults on shop workers and the like, which come up to the Crown court on appeal, and we all know the difficulties they cause, but you will not solve the problem.”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 17, Q25.]

Sir Robert Buckland, the former Lord Chancellor, added:

“First of all, just to build on Mr Sells’s point on clause 16, I understand the huge concern about shoplifting and the perception among many shop proprietors in our towns and cities that, in some ways, it was almost becoming decriminalised and that action has to be taken. But the danger in changing primary legislation in this way is that we send mixed messages, and that the Government are sending mixed messages about what its policy intentions are.

Sir Brian Leveson is conducting an independent review into criminal procedure. We do not know yet what the first part of that review will produce, but I would be very surprised if there was not at least some nod to the need to keep cases out of the Crown court, bearing in mind the very dramatic and increasing backlog that we have. I think that anything that ran contrary to that view risks the Government looking as if it is really a house divided against itself.

It seems to me that there was a simpler way of doing this. When the law was changed back in 2014, there was an accompanying policy guideline document that allowed for the police to conduct their own prosecutions for shoplifting items with a value of under £200, if the offender had not done it before, if there were not other offences linked with it, if there was not a combined amount that took it over £200 and if there was a guilty plea.

What seems to have happened in the ensuing years is that that has built and developed, frankly, into a culture that has moved away from the use of prosecuting as a tool in its entirety. I think that that is wrong, but I do think that it is within the gift of Ministers in the Home Office and of officials in the Home Office and the Ministry of Justice to say, ‘That guidance is superseded. We hope, want and expect all offences to be prosecuted.’ That would then allow offences of under £200 to be prosecuted in the magistrates court. There is nothing in the current legislation that prevents any of that, by the way, and I think it would send a very clear message to the police that they are expected to do far more when it comes to the protection of retail premises.”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 18, Q26.]

The economic note for the legislation estimates that repealing the existing provision will result in approximately 2,100 additional Crown court cases in the first instance. It further states that, in the low scenario, cases entering the Crown court will not see an increase in average prison sentence length. In the high scenario, it assumes that these cases will now receive the average Crown court prison sentence, leading to an increase of 2.5 months per conviction. The central estimate falls between those extremes at 1.3 months, based on the assumption that cases involving theft under £200 are unlikely to receive the same sentences as those over £200.

That is reflected in a relatively wide range of possible prison sentences between the low and high estimates. What level of confidence can the Minister therefore provide on the number of people who will end up in prison, or end up in prison for longer, as a result of this move to the Crown court? Given that evidence, does this move, which appears to have a limited effect or outcome, outweigh the risk of prolonging the time it takes for victims to get justice, in the Minister’s view?

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

Let me address some of the points made by the shadow Minister, specifically on perception. There is a misconception that the threshold is used by police forces to determine whether to respond to reports of shoplifting, and that is simply not true. Police forces across England and Wales have committed to follow up on any evidence that could reasonably lead to catching a perpetrator, and that includes shoplifting; however, as we have heard, the measure has impacted the perception of shop theft among retailers, and would-be perpetrators who believe that low-value shoplifting will go unpunished and that the offence is not being taken seriously. The clause will send a clear message to those planning to commit shop theft of goods worth any amount that this crime will not be tolerated and will be met with appropriate punishment.

Let me turn to the impact on our courts. It was quite heartening to finally hear the Opposition mention their concern about the impact on our Crown court backlogs, given how we got there in the first place. The Government recognise that the courts are under unprecedented pressure, and we have debated why that is on separate occasions; however, we do not anticipate that the measure will add to that impact. The vast majority of shop theft cases are currently dealt with swiftly in the magistrates court, and we do not expect that to change as a result of implementing the measure. Even with the current £200 threshold in place, defendants can elect for trial in the Crown court, but they do so infrequently. Removing the threshold and changing low-value shop theft to an either-way offence will not impact election rights, and is therefore unlikely to result in increased trials in the Crown court.

Separately, as the shadow Minister noted, in recognition of the courts being under unprecedented pressure due to the inheritance we received from the Tory Government, we have commissioned an independent review of the criminal courts, led by Sir Brian Leveson. It will recommend options for ambitious reform to deliver a more efficient criminal court system and improved timeliness for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved.

[Joe Robertson (Isle of Wight East) (Con)]

I want to understand the logic of what the Minister is saying. She seems to be saying that the change to allow cases to be heard in the Crown court will be a deterrent, but she does not envisage an increase in cases being heard in the Crown court. Is she aware—I am sure she is—that it is up to the defendant to elect where their case is heard, and that the conviction rate is actually lower in the Crown court? I am concerned about the unintended consequences that more cases could be heard in the Crown court, which is more expensive, and involves a judge and a jury, for stealing perhaps a bottle of wine. It is quite extraordinary.

[Alex Davies-Jones]

I recognise the hon. Member’s concerns; he has pre-empted my next point. To confirm, it is already currently an electable either-way offence and the vast majority of cases are tried in the magistrates court, but I will come to the modelling and the percentages right now.

Based on current data from the magistrates courts, an average of 5% of individuals in the last three years charged with shop theft—of any value—proceed to trial or are committed for sentencing in the Crown court. Around 88% of shop theft cases involved goods valued at £200 or less. For cases of theft over £200, approximately 40% of cases went to the Crown court. We have modelled a low, central and high scenario within the published economic note on this measure. The low scenario assumes that 1% of charges for shop theft under £200 would proceed to the Crown court, with the central and high scenarios assuming 8% and 14% respectively. It is also important to note that we have expanded the sentencing powers of the magistrates court and extended sitting time in the Crown court to reduce the backlog. The increased sentencing powers in magistrates courts have freed up the extent of 2,000 further sitting days in Crown courts to enable them to be used for the most serious cases, which is what they are they for.

[Joe Robertson]

Will the Minister give way?

[Alex Davies-Jones]

I will not give way because I am conscious of time.

Let me turn to the final point on the impact on prison places, because the shadow Minister also raised concerns about that. Again, it is important to note that the Opposition are now raising concerns about the impact on our prisons after the inheritance we received from them. Prisons almost ran out of places last summer, which was a complete dereliction of duty and responsibility; they ran the prison system to the point of our entire criminal justice system collapsing. We, as a Government, have taken action to address that, and have carefully assessed how the change can be managed to ensure that we do not place further pressure on our prisons. I commend the clause to the Committee.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

[The Chair]

Just before we proceed, I am conscious that the hon. Member for Isle of Wight East stood up, very late. I cannot make an exception, though he is pretty new here. When the Chair has called the Minister to wind up, there are then no further speeches. Prior to that, Members may intervene as often as they like. I am afraid we do have to stick by the rules.

Clause 17

Child criminal exploitation

Crime and Policing Bill (Fifth sitting)

Alex Davies-Jones Excerpts

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[The Chair]

With this it will be convenient to discuss new clause 25—Requirements in certain sentences imposed for third or subsequent shoplifting offence—

“(1) The Sentencing Code is amended as follows.

(2) In section 208 (community order: exercise of power to impose particular requirements), in subsections (3) and (6) after ‘subsection (10)’ insert ‘and sections 208A’.

(3) After that section insert—

‘208A Community order: requirements for third or subsequent shoplifting offence

(1) This section applies where—

(a) a person is convicted of adult shoplifting (“the index offence”),

(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of adult shoplifting or an equivalent Scottish or Northern Ireland offence, and

(c) the court makes a community order in respect of the index offence.

(2) The community order must, subject to subsection (3), include at least one of the following requirements—

(a) a curfew requirement;

(b) an exclusion requirement;

(c) an electronic whereabouts monitoring requirement.

(3) Subsection (2) does not apply if—

(a) the court is of the opinion that there are exceptional circumstances which—

(i) relate to any of the offences or the offender, and

(ii) justify the court not including any requirement of a kind mentioned in subsection (2), or

(b) neither of the following requirements could be included in the order—

(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;

(ii) an electronic whereabouts monitoring requirement.

(4) In subsection (1)(b), the reference to an occasion on which an offender was sentenced in respect of adult shoplifting does not include an occasion if—

(a) each conviction for adult shoplifting for which the offender was dealt with on that occasion has been quashed, or

(b) the offender was re-sentenced for adult shoplifting (and was not otherwise dealt with for adult shoplifting) on that occasion.

(5) In this section—

“adult shoplifting” means an offence under section 1 of the Theft Act 1968 committed by a person aged 18 or over in circumstances where—

(a) the stolen goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which a trade or business was carried on, and

(b) at the time of the offence, the offender was, or was purporting to be, a customer or potential customer of the person offering the goods for sale;

“equivalent Scottish or Northern Ireland offence” means—

(a) in Scotland, theft committed by a person aged 18 or over in the circumstances mentioned in paragraphs (a) and (b) of the definition of “adult shoplifting”, or

(b) in Northern Ireland, an offence under section 1 of the Theft Act (Northern Ireland) 1969 committed by a person aged 18 or over in those circumstances.

(6) Nothing in subsection (2) enables a requirement to be included in a community order if it could not otherwise be so included.

(7) Where—

(a) in a case to which this section applies, a court makes a community order which includes a requirement of a kind mentioned in subsection (2),

(b) a previous conviction of the offender is subsequently set aside on appeal, and

(c) without the previous conviction this section would not have applied,

notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).’

(4) After section 292 insert—

‘292A Suspended sentence order: community requirements for third or subsequent shoplifting offence

(1) This section applies where—

(a) a person is convicted of adult shoplifting (“the index offence”),

(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of adult shoplifting or an equivalent Scottish or Northern Ireland offence, and

(c) the court makes a suspended sentence order in respect of the index offence.

(2) The suspended sentence order must, subject to subsection (3), impose at least one of the following requirements—

(a) a curfew requirement;

(b) an exclusion requirement;

(c) an electronic whereabouts monitoring requirement.

(3) Subsection (2) does not apply if—

(a) the court is of the opinion that there are exceptional circumstances which—

(i) relate to any of the offences or the offender, and

(ii) justify the court not imposing on the offender any requirement of a kind mentioned in subsection (2), or

(b) neither of the following requirements could be imposed on the offender—

(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;

(ii) an electronic whereabouts monitoring requirement.

(4) Section 208A(4) (occasions to be disregarded) applies for the purposes of subsection (1)(b).

(5) In this section “adult shoplifting” and “equivalent Scottish or Northern Ireland offence” have the meaning given by section 208A.

(6) Nothing in subsection (2) enables a requirement to be imposed by a suspended sentence order if it could not otherwise be so imposed.

(7) Where—

(a) in a case to which this section applies, a court makes a suspended sentence order which imposes a requirement of a kind mentioned in subsection (2),

(b) a previous conviction of the offender is subsequently set aside on appeal, and

(c) without the previous conviction this section would not have applied,

notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).’”

This new clause imposes a duty (subject to certain exceptions) to impose a curfew requirement, an exclusion requirement or an electronic whereabouts monitoring requirement on certain persons convicted of shoplifting, where the offender is given a community sentence or suspended sentence order.

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

I thank the hon. Member for Stockton West for tabling new clause 25. As he will be aware, under the previous Government shop theft was allowed to increase at an alarming rate—it was up 23% in the year to September 2024—and more and more offenders are using violence and abuse against shop workers, as we have just debated.

This Government have committed to taking back our streets and restoring confidence in the safety of retail spaces, which is why we have brought in measures to address what is essentially immunity for so-called low-value shop theft, which the previous Conservative Government introduced. Shop theft of any amount is illegal, and by repealing section 22A of the Magistrates’ Courts Act 1980, we will help to ensure that everyone fully understands that.

Under section 22A, theft of goods worth £200 and under from shops is tried summarily in the magistrates court. The previous Government argued the legislation was introduced to increase efficiency, by enabling the police to prosecute instances of low-value theft. However, it has not worked. Both offenders and retailers perceive this effective downgrading of shop theft as a licence to steal and escape any punishment. Clause 16 therefore repeals section 22A.

Let me be unequivocal: shoplifting of any goods of any value is unacceptable, and it is crucial that the crime is understood to be serious. With this change, there will no longer be a threshold categorising shop theft of goods worth £200 and under as “low-value”. By removing the financial threshold, we are sending a clear message to perpetrators and would-be perpetrators that this crime will not be tolerated and will be met with appropriate punishment. The change also makes it clear to retailers that we take this crime seriously and they should feel encouraged to report it.

I turn to the shadow Minister’s new clause 25. The Government take repeat and prolific offending extremely seriously. I remind the Committee that sentencing in individual cases is a matter for our independent judiciary, who take into account all of the circumstances of the offence, the offender and the statutory purposes of sentencing. The courts have a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences where appropriate. In addition, as the Minister for Policing, Fire and Crime Prevention has already said, previous convictions are already a statutory aggravating factor. Sentencing guidelines are clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous conviction, when determining the sentence.

The Ministry of Justice continues to ensure that sentencers are provided with all tagging options, to enable courts to impose electronic monitoring on anyone who receives a community-based sentence if they deem it suitable to do so. It is important to note that electronic monitoring is already available to the courts when passing a community or suspended sentence. However, it may not always be the most appropriate requirement for an offender’s sentence. We believe that the courts should retain a range of options at their disposal, to exercise their discretion to decide on the most appropriate sentence and requirements.

We cannot consider this issue in isolation. This is why we have launched an independent review of sentencing, chaired by former Lord Chancellor David Gauke, to ensure that we deliver on our manifesto commitment to bring sentencing up to date and ensure the framework is consistent. The review is tasked with a comprehensive re-evaluation of our sentencing framework, including considering how we can make greater use of punishment outside of prison and how sentences can encourage offenders to turn their backs on a life of crime. The review has been asked specifically to consider sentencing for prolific offenders, to ensure that we have fewer crimes committed by those offenders. It is vital that we give the review time to finalise its recommendations, including on prolific offenders, so that we are able to set out our plans for the future of sentencing in the round.

On this basis, I commend clause 16 to the Committee and ask the hon. Member for Stockton West not to move his new clause when it is reached later in our proceedings.

[Matt Vickers]

Shop thefts are on the increase, with recorded crime data showing 492,124 offences in the year—a 23% increase on the previous year. The British Retail Consortium 2025 retail crime report suggests that despite retailers spending a whopping £1.8 billion on prevention measures, such crime is at record levels, with losses from customer theft reaching £2.2 billion.

As things stand, shop theft is not a specific offence but constitutes theft under section 1 of the Theft Act 1968. It is therefore triable either way—that is, either in a magistrates court or the Crown court. Section 22A of the Magistrates’ Court Act 1980, inserted by the Anti-social Behaviour, Crime and Policing Act 2014, provides that where the value of goods is £200 or less, it is a summary-only offence. Clause 16 amends the 1980 Act, the 2014 Act and others to make theft from a shop triable either way, irrespective of the value of the goods.

Crime and Policing Bill (First sitting)

Alex Davies-Jones Excerpts

Committee stage
Thursday 27th March 2025 Public Bill Committees

[Matt Vickers]

Q As you will have seen, we get lots of people in here who are very familiar with this place, and then every now and again we get people who are brave, committed and dedicated to making a change and making the world a better place. Thank you for coming and for all your campaigning on this issue. All power to your elbow.

How important are the measures in the Bill, and why? Is there anything that you think the Government should be doing beyond what is in the Bill?

Colin Mackie: I think this is majorly important. It is a giant step forward. Up until now, spiking has been a very grey area. It is charged as assault, theft, poisoning or whatever; it has been such a grey area that it has been hard to process it. That has the knock-on effect of putting victims off coming forward, because they do not know where they are going to go or what is going to be talked about, and they are unsure. Perpetrators of spiking feel, “Well, nothing’s really happening over this. I don’t hear of anybody getting charged for it, and it’s only a bit of fun; we don’t think we’re going to do any harm,” so they carry on doing it.

Having a stand-alone offence is beneficial for the victims, and I also think it is beneficial for the police. I feel that once a law is in place, you are going to get a co-ordinated response from police. Currently, victims in Newcastle are treated differently from victims in Newquay, and it is the same across the whole country. That is one of the major problems that victims tell us about all the time: some forces are great, while others are not so good. I have had one victim tell me that the police said they did not have the manpower or the time to go in and check the CCTV at the club where they were spiked. Another victim told me that uniformed officers turned up and were not sure how to deal with it, but half an hour later, the CID were there and straight into the club. We cannot have that inconsistency; we need to move forward with that.

You were asking earlier, “What can we do to help?” In bringing in the Bill, we have to involve A&E, because A&E has a big part to play in this as well. All too often, as you know, it is the job of the police to gather the evidence, but a spiking victim is likely to appear at a hospital—at A&E—unconscious or confused and not sure what is going on. They are not going to think about asking for a police officer to attend—they are not in a state to do that—so unless they have a family member or a friend there, that is not going to happen. By the time they get maybe two days down the line and think, “Yeah, this is what’s happened to me; I want to report this,” there is a good chance that a lot of the evidence has gone. We need that in the Bill as well: for A&E to play a bigger part by gathering evidence and holding it for the police. Then, if the victim wants to take it forward, it is there.

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

Q Thank you, Colin, for coming in today and, to echo the words of the shadow Minister, for all of the work that you do on this; it is really appreciated.

You mentioned that you welcome the clarification in the Bill, which will create a specific offence of spiking by using the word “spiking”. Can you expand on why that will make such a difference for victims? You mentioned some of the issues with the police using different types of offences. Why will it make such a difference to have a specific offence?

Colin Mackie: A victim will recognise that spiking is an offence when they approach the police. Currently they are not sure if they can report it. They are nervous and they are not sure if it is an offence. That has been a big thing that we get fed to us. Away from just the girls, there is a lot of spiking going on with boys now. Males are being spiked as well. It is possible that anybody could be spiked. That is a big thing, because we find that a lot of males think it is a girls’ problem. They think it is tied in with a sexual assault or whatever. If you just say “spiking” males will think, “Yeah, I have been spiked,” and that is it—it is the fact that they have been spiked.

A lot of spiking is now taking place and nothing else is happening. People are not being sexually assaulted or robbed; they are just being spiked. It is what we call prank spiking. People are doing it because they can. I think the ability for someone to come forward and just say, “Yes, I have been spiked and there is a law on spiking,” is the way forward.

[Alex Davies-Jones]

Q Thank you for that. One of the other things that you touched on—it was referenced by the previous witnesses—is the importance of not just making legislative change, but having a package of support available with the other agencies around it. What can you recommend beyond legislative changes—you mentioned A&E, but I am also thinking about training, guidance and so on—to really make sure that this is a package for spiking offences?

Colin Mackie: We certainly want to get the night-time industry more involved and get stewards more aware, because all too often one of the first things said to someone who has been spiked or their friends is, “They’re drunk. I want them out the club. They’ve had too much to drink.” When we talk to nightclubs, bars and so on, we say to the stewards, “Listen to what their friends are saying. Don’t make the assumption that that person’s drunk just because they look drunk. If their friends are saying, ‘We’ve had one or two drinks,’ take on board what they’re saying. Don’t just think, ‘Oh, no, I’ve got to get this person out of here.’” They have a duty of care to look after people, and we want them to take on that responsibility.

Just at the weekend, I was reading an article on the BBC and it was talking about nightclubs in general and how footfall is falling. One of the examples was that youngsters are stopping going to nightclubs because of the fear of spiking. The industry has to look at the bigger picture and realise that if it puts in lids and deterrents, better security and better CCTV, and, as we hope with this Bill, if we start to see people being prosecuted, the numbers will come back up. People will have the confidence to come out. If they think they are going to a venue where they feel they are going to be safe, they are more likely to come, whereas currently they are walking away and finding something else to do. It is going to affect the night-time industry as well, so it really has to take it more seriously.

[Luke Taylor]

Q Thank you again for coming along and for your campaigning. You must be proud that you have got this leap—this legislation—to try to combat some of the trauma that you experienced.

I have a broader question. Do the measures included in the Bill cover all the issues that you see around the offence? Do you think the Bill is a comprehensive measure to enable action to be taken to combat the horrible offence of spiking?

Colin Mackie: It is moving forward to that level where I think it is good. I would like to see a wee bit more on the sentencing side of it. Just listening to the previous witnesses, I know that there is a backlog through the courts and everything, and I can see that being a problem. If the people who want to report spiking, especially young women, think it is going to last two years, how much of a deterrent is it going to be for them to come forward if they think it is going to drag on? That is one bit: when it comes to the sentencing and how quickly it will be processed, will that put people off reporting it?

Assisted Dying

Alex Davies-Jones Excerpts

Monday 29th April 2024 Westminster Hall

[Tonia Antoniazzi]

I fully accept the right hon. Gentleman’s point that the law is changing in other countries and in parts of the UK. It is important to consider that, and to look at what is done well and not so well. It is for us in this place to consider this matter fully when the opportunity arises.

“Choice” is a key word for Dame Esther and for many of those who have signed the petition. This is about having the choice to die under their own conditions, with dignity and without struggle.

[Alex Davies-Jones (Pontypridd) (Lab)]

My hon. Friend is making an excellent speech. I was here for the last debate that she introduced on the issue and I am pleased to see this debate overwhelmingly supported today. The fact of the matter is that people can have a good death if they can afford it and are physically able to fly to Switzerland. That is grossly unfair. This is completely out of reach for the vast majority of my constituents in Pontypridd and the vast majority of people in the United Kingdom, so it is absolutely right that we have the debate, because if people can afford it and are physically able to do so, they can have a good death.

[Tonia Antoniazzi]

I thank my hon. Friend for her intervention, particularly because she raises a very valid point about the cost of that option for those who can afford to travel, and the discrepancy that there is in our healthcare system.

Oral Answers to Questions

Alex Davies-Jones Excerpts

Monday 15th April 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Alex Davies-Jones (Pontypridd) (Lab)]

Thank you, Mr Speaker, and on behalf of the whole shadow Home Affairs team may I place on record our sincere condolences on the loss of your father?

Following the horrific killing of Kulsuma Akter in Bradford, who was tragically stabbed to death in broad daylight while pushing her three-year-old son in a pram, West Yorkshire and Greater Manchester police have referred themselves for investigation because of prior contact with Kulsuma and her husband, who has since been arrested for her murder. Cases of multiple contact with the police before violent escalation are all too common. Labour will mandate domestic abuse and wider violence against women and girls training for every police officer in the country and we will introduce Raneem’s law to overhaul the policing response when reports are first made. So I ask the Minister, how many more women will have to die before the Government can do the same?

[Laura Farris]

The hon. Lady is right to mention the case of Kulsuma Akter. What happened to her was appalling. I obviously cannot comment on any specifics in relation to the case, but the hon. Lady will know that the bail conditions that the perpetrator had been released under contained restrictions that were breached themselves. So it was not a case of the court refusing to apply conditions; he breached them. In relation to her wider point, of course every single one of these cases is a tragedy. She will know, because we have worked on a cross-party basis in the past, how much time and attention we dedicate to this at the Home Office, but I simply say this. We now have domestic abuse training that has been rolled out to over 80% of forces and the Home Secretary and I are working very closely with the nine outstanding ones. They are on a timetable for delivery—I want to reassure the hon. Lady of that—and we now, this month, have trained rape specialists in every single police force in England and Wales.

Oral Answers to Questions

Alex Davies-Jones Excerpts

Monday 15th January 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Alex Davies-Jones (Pontypridd) (Lab)]

We welcome the safer streets fund, which will go some way to supporting the night-time economy that has been badly hit over 14 years. The Government’s efforts to tackle spiking have been completely undermined by the Home Secretary. Spiking is a serious and devastating offence. Why did the Home Secretary think it was appropriate to joke about spiking his own wife, and can he confirm exactly how many drops of Rohypnol he considers to be illegal?

[Laura Farris]

I thank the hon. Lady for her question. I think it has been widely reported that the Home Secretary was making a joke about not being good enough for his wife. The point is that we are the first Government who have done something about spiking—it is not a new offence, and the measures to change the statutory provisions in the Offences against the Person Act 1861 could have been taken by the last Labour Government. The reason we have sought to clarify the matter in law is that we do not think that enough victims are coming forward, and the reason there are not enough prosecutions is the time lag in getting effective toxicology reports. That is why we are investing so much money in rapid drinks testing kits, so that hopefully we will be able to get the test done on site on the night, and get more of those offenders behind bars.

Tackling Spiking

Alex Davies-Jones Excerpts

Monday 18th December 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Laura Farris)]

With permission, I will make a statement about the Government’s action to tackle spiking. Spiking is an insidious act with potentially life-threatening consequences. We know it constitutes a danger to people, particularly women, in nightclubs, bars, on student campuses, at festivals or in any social setting. No one should have to worry that a substance has been put into their drink or that they could be targeted with a needle. More than 5,000 cases were reported last year, and that is perhaps only the tip of the iceberg.

These offences have potentially devastating effects. First, there are the immediate physical effects, which can include struggling to speak or to stand up, loss of consciousness and hospitalisation, to name just a few. Secondly, there is the psychological trauma, which can manifest itself in a number of ways, including anxiety or, most acutely, shame about what happened and what may have ensued. The impact can last for months, years or a lifetime. Some will be victims of secondary offending, which they may struggle to recall, that may well be of a sexual nature. Thames Valley police told the Home Secretary and me just last Friday that spiking is the hallmark of the sexual predator. Anyone who has read the harrowing accounts of victims will understand why it is vital that we crack down on these crimes. We owe it to all of them to redouble our efforts, and that is precisely what this Government are doing.

As Members will be aware, the Government were required, under section 71 of the Police, Crime, Sentencing and Courts Act 2022, to produce a report on the nature and prevalence of spiking and the action we intend to take. Publication has been delayed, and I understand why the hold-up has been a source of frustration, but that delay has enabled the Home Secretary and I—both new in post—to take a step back and consider how best we can focus our efforts to address this crime.

We want the law to be crystal clear and for individuals to have no doubt as to their rights and remedies. We have concluded that there is a case for a legislative change to capture the modern and insidious nature of this crime. I can therefore confirm to the House that the Government intend to bring forward amendments to the Criminal Justice Bill that modernise the language of the Offences against the Person Act 1861. This will remove any ambiguity and make it clear that the offence covers spiking in every form, be that via food or drink, vape or by needle. We hope that this step will improve public awareness but, most importantly, encourage victims to come forward.

I will add two points. It has been said, and we of course accept, that the existing laws already cover the range of behaviours that incorporate spiking. While it is not in dispute that that is the case, we recognise that some of the existing offences on which we rely are not readily seen to cover spiking. We give the illustration of sections 22 to 24 of the Offences against the Person Act 1861, which use the language of poisoning for nefarious purposes, which we believe we can clarify through this change.

By their very nature, spiking cases are complex. The work we have done tells us that there are particular challenges in identifying perpetrators and gathering evidence. To bolster our legislative plans, we have developed a package of practical measures to improve public safety. The police have already developed a rapid, lab-based urine testing capability, but we want to go further. First, the Home Office will be funding efforts to research the capability and reliability of existing rapid drink testing kits. There are never any guarantees with this sort of work, and we are only at the beginning, but to understand what is possible, we have to gather evidence on testing efficacy, and that is what we will be doing in the months ahead.

Secondly, additional funding will be provided to the police to run several spiking “intensification weeks”, which we have seen successfully deployed for other types of criminality, including county lines and knife crime. Thirdly, the Security Industry Authority, the regulator of the UK’s private security industry, has committed to introduce spiking training for door supervisors as part of its existing licence-linked qualifications. This will enable them to better and more quickly identify victims onsite.

Fourthly, we will support the police to roll out their spiking reporting and advice tool, to improve the quality of data. This enables the public to report cases of spiking quickly and simply, including anonymously if they so wish. It has been successfully rolled out across 20 forces as part of a pilot programme in England and Wales, and will be expanded to the remaining 23 forces shortly. Several other measures are detailed in the statutory report, but I am conscious of the time, so I will simply add that the report is available on the gov.uk website and emphasise that we are strengthening our response across the board.

Before I conclude, I take this opportunity to urge the public to remain vigilant, particularly over Christmas. If anybody believes that they or someone around them has been spiked, they should report the incident to the venue and the police. I also want to offer my thanks to the campaign group Stamp Out Spiking and Members on both sides of the House. I will not mention them all, but I particularly thank my hon. Friend the Member for Gloucester (Richard Graham), my right hon. Friend the Member for Chelmsford (Vicky Ford), the hon. Member for Bradford South (Judith Cummins), my right hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Witham (Priti Patel), my hon. Friend the Member for Mid Sussex (Mims Davies) and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who have campaigned so assiduously on this issue. Their insight and commitment have been instrumental, and they will no doubt continue to provide support and scrutiny as our work progresses.

Spiking is an appalling, predatory crime that ruins lives. As we have shown time and again, this Government will do everything in their power to protect the public and reduce violence against women. I commend this statement to the House.

[Alex Davies-Jones (Pontypridd) (Lab)]

I thank the Minister for advance sight of her statement. Once again, I welcome her to her role. She has been a long-standing advocate for action on tackling violence against women and girls, and I am confident that there will be opportunities to work together to make progress on these incredibly important issues.

Let us be clear: Labour completely welcomes today’s announcement on spiking, although action to crack down on this dangerous and devastating crime is long overdue. The scale of the problem, as the Minister well knows, is vast. As the Government’s own report makes clear, between May 2022 and April 2023 the police received 6,732 reports of spiking. Of those, just four—0.05%—resulted in a charge. On average, we had 561 reports a month, with the majority coming from females who believe their drink was spiked, although spiking can affect anyone. Some 957 of the more than 6,000 reports included needle spiking.

Spiking is a dangerous and invasive crime that creates both immediate physical danger for victims and long-term psychological impacts. The words in the statement are all well and good, and the Minister knows she has my full support, but we must also recognise that this Government’s record on issues relating to violence against women and girls has been one of dither and delay. Stronger action is always welcome, but why has it taken the Government so long to act? The Home Affairs Committee published its report on spiking in April 2022, which is more than a year and a half ago.

Labour has repeatedly called for action on spiking, including the creation of a stand-alone criminal offence that would make it easier to prosecute, easier to raise awareness, and easier for people to come forward to report what has happened and point to crystal-clear breaches of the law. There has been years of campaigning and advocacy about the epidemic of spiking here in the UK but, once again, the Government have sadly dragged their feet. Since the Select Committee published its report, there have been two freshers weeks, two years of festive parties and two years of music festivals. During that period, more victims have been left vulnerable to this awful crime.

Where is the urgency when it comes to tackling violence against women and girls? The Government’s response has been pitifully slow. The report published by the Government today on the nature and prevalence of spiking, which is required as part of the Police, Crime, Sentencing and Courts Act 2022, was originally due to be published on 28 April—nine months ago—but has been delayed time and again. That simply is not good enough. In the months of delay, dangerous criminals will have been let off, and victims have been consistently let down.

While it is positive that the Government are now bringing forward legislative changes to create more clarity about the criminality of spiking, it has taken too long for them to accept the significance of the problem. Last year, the National Police Chiefs’ Council told the Home Affairs Committee that poor data quality and the absence of a clear criminal offence presented a challenge in policing spiking. It said:

“A more defined standalone offence of spiking would help understand the scale of the problem”

and

“enable a far more accurate picture to be realised”

than through the current approach. Chief constables told the Committee that a defined offence for spiking would also allow enhanced support for victims, but last December, in response to the Committee’s report, the then safeguarding Minister, the hon. Member for Derbyshire Dales (Miss Dines), said

“we have concluded that there is no gap in the existing law which a new offence would fill”

and that introducing a new specific spiking offence

“would not increase the likelihood of charging or prosecuting an offender for spiking offences.”

Yet we now understand that there will be legislative amendments to update and modernise existing offences to make the offence explicit and capture the modern-day nature of the threat. The Minister has acknowledged:

“Whilst the offence is nominally covered by existing laws, this comprises a patchwork of different laws—some now well over a hundred years old—which were drafted to cover other kinds of offending.”

That is a clear admission that the current legal framework is not fit for purpose, but it has taken the Government more than 18 months to accept and put forward changes to rectify that.

The Minister has made a personal commitment in her new role to go further than her predecessors, and I commend her for that, but Labour remains concerned that these tweaks to existing laws will fall short of doing the right thing of creating a stand-alone spiking offence. We fear that the Government’s approach simply will not go far enough and will not provide the clarity and focus required for all involved. That being said, we will eagerly await the detail of any amendments and will scrutinise the proposed legislative changes in Committee.

The Government are right to say in their report that night-time economy venues are areas of opportunity for safeguarding and prosecutorial support, and that the early collection of evidence, identification of perpetrators and the ability to support customers are key. There is no doubt that as well as getting the criminal justice system to take spiking more seriously, we need much more prevention work in clubs, bars and pubs and joint working between premises and the police to catch perpetrators. The Government’s new training plan sounds like a step in the right direction, but we are concerned about the small scale of the new programme. The announcement talks about training hundreds more door staff, but we know that there are tens of thousands of venues up and down the UK where these crimes are being committed regularly. How on earth does the Minister expect even to scratch the surface of the issue with those numbers?

We urgently need to see more detail to understand how impactful the changes will be. For example, can the Minister set out exactly how the new training will work, including how many venues will receive training, whether it will be voluntary or mandatory, and what happens if venues fail to engage or repeatedly ignore spiking incidents at their premises? We need a robust and comprehensive approach across the country; this should not be opt-in. We also need a proper national strategy for dealing with this abhorrent crime, which would include looking at the licensing arrangements for late-night venues where these crimes take place.

Tackling spiking at its root is a huge challenge. The Government have had 13 years to get it right, but the simple truth is that the Tories have been too focused on their own in-fighting rather than tackling issues such as spiking, which pose a genuine risk to women up and down the country. I urge the Minister to be bold in her commitments—I know that she will be—and I sincerely hope that she will work hard to rebuild the trust that women and girls have lost over the last decade when it comes to feeling safe in our communities.

[Laura Farris]

I will come back on two or three of the hon. Lady’s points.

First, on the hon. Lady’s observation that few such cases result in a charge, if I may correctly her gently, the principal reasons the police have given for that are: too few people coming forward in the first place, which we hope this legislative change will address; the narrow window of time in which a urine sample can be accurately tested, which is one reason why we are funding further research into rapid, on-site testing; and the difficulty in establishing who is doing the spiking. Simply, the difficulties that we have identified and spoken to the police about come at every level in the process. We are changing the law to make spiking crystal clear so that public confidence is improved and victims feel encouraged to come forward, because that is the first bit of the jigsaw.

Secondly, on the scale of our response, from the bouncer on the door of the club in the small town to the statute book, we want to change the response to spiking at every level. Whether it is a question of a friend reporting an incident, a victim coming forward, a test being done more rapidly, or the police having any doubt about which of the provisions under statute apply, it will be crystal clear.

Thirdly, the hon. Lady talked about developing an accurate picture of where spiking takes place and how we develop the response accordingly. That is the focus of the reporting tool, which a member of the public can use to report an incident of spiking even if they are not affected and it appears to have happened to someone at a table on the other side of the room. The tool will enable the police to develop an accurate picture—some of which we already know, some we are less clear about—to see the extent of it, where it happens and how we can focus resources.

Spiking

Alex Davies-Jones Excerpts

Thursday 14th December 2023 Westminster Hall

[Alex Davies-Jones (Pontypridd) (Lab)]

It is a privilege to serve under your chairship this afternoon, Mr Efford, and to follow that barnstormer of a speech from my friend, the right hon. Member for Romsey and Southampton North (Caroline Nokes). It is also a privilege to respond to this debate, which is on a pressing issue. As we have heard, it mostly impacts women, but it can happen to anyone up and down our country. I am grateful to my good friends—my hon. Friend the Member for Bradford South (Judith Cummins) and the right hon. Member for Romsey and Southampton North—for bringing this important debate forward. It is the second debate on the issue this year—just over 11 months since we were last talking about it. Sadly, the same issues persist, and it is a sad indictment that we need to have this debate yet again.

As we have heard, spiking refers to the practice of administering a substance to a person without their knowledge or consent, and it can be perpetrated in a variety of ways. Drink spiking involves adding alcohol or drugs to a person’s drink with the intention of intoxicating them, and needle spiking involves injecting a person with drugs or other substances. Frustratingly, the official statistics on spiking are not routinely published. Can the Minister elaborate on the Home Office’s plans to rectify that alarming gap? The current estimates, from a YouGov poll in December 2022, tell a stark story: 10% of women say they have had their drink spiked; and 35% of women say they have either had a drink spiked, know someone who has or both. Worryingly, four in 10 Britons say they do not think the police would believe them if they reported a drink spiking. There is no doubt that this is an epidemic.

As colleagues will also be aware, the true number of spiking incidents is almost certainly far higher than the number of incidents reported. The under-reporting of incidents may occur for several reasons, but it seems clear that the perception the police are unable to do anything about it prevents victims from coming forward. When spiking is currently not even a specific offence, is it any wonder that victims feel there is no point in getting the police involved?

Behind every spiking incident is a traumatised victim, very often a young woman, and we all deserve better. Part of the problem we are seeing relates to the crisis our criminal justice system is in thanks to this Government’s complete ineptitude. An investigation by The Guardian and Channel 4 recently found that drug spiking incidents reported to the police have increased fivefold in five years, yet the proportion leading to a criminal charge is falling. Almost 20,000 reports of spiking were received in the past five years by 39 police forces that responded to freedom of information requests submitted by Channel 4. The proportion of those reports that were investigated and resulted in a criminal charge dropped from one in 25 in 2018, to one in 400 in 2022. These are shocking statistics.

The prevalence of spiking is sickening, but worse still, I feel we are living in a country that has normalised the fact that women and girls must themselves take preventive action to prevent being spiked on a night out or in a friend’s home. Every woman deserves to enjoy their night without living in fear that a predatory man with a drug to slip into their drink, or just as shockingly, with a needle, could be lurking nearby.

Colleagues will recall that Labour has long called for the Government to introduce a specific offence for spiking and intent to spike. Indeed, we even tabled amendments to the Police, Crime, Sentencing and Courts Bill calling for urgent action, and a review of the prevalence of spiking and the criminal justice system’s response to it. Sadly, the Government did not agree, so the amendment fell. The Government could easily commit today to referring spiking sentencing to the Sentencing Council, so I must press the Minister: why exactly is the Government not doing the right thing here?

While a new, separate offence would be welcome, we all know that new criminal offences alone are not enough to eradicate spiking. I strongly believe we also need to go further to end the culture of victim blaming that can often lead venue security staff to dismiss victims’ concerns, or refuse to take allegations seriously. We urgently need the Government to develop an anti-spiking strategy with every local authority and every Department that can use their licensing powers to regulate the night-time economy to change the way that victims are treated.

In the absence of a joined-up strategy from the UK Government, some local authorities and community groups are leading the way in their own communities. I am very pleased that my own business improvement district in Pontypridd has participated in International Stamp Out Spiking Day, and have also committed to delivering spiking-awareness training to the Pontypridd Pubwatch group.

I am also very pleased that my constituency’s local authority, Rhondda Cynon Taf County Borough Council, has used its statutory duty under the Crime and Disorder Act 1998 to create a community safety partnership that puts tacking violence against women and girls at the centre of its work. Through that, South Wales police has been able to deliver night-time community safety patrols, and I commend it for providing this reassuring police presence. Let us be clear: spiking is an issue that largely affects women and girls, and it is about time that we use the correct language here.

More broadly, local authorities like mine must be commended for their efforts, and these steps are all very welcome. But as I touched on earlier, in the absence of a joined-up strategy from the UK Government involving the Department of Health and Social Care, the Department for Education, the Department for Culture, Media and Sport, and the Home Office, these efforts are not enough.

As I have already mentioned and heard today, there is good work going on around the country, and the Minister should carefully look at that work. I am not just talking about my own area; as we have heard, there are examples of good work happening in Chelmsford, in Bradford, and across the country. In Birmingham, for example, if someone leaves a nightclub there are lots of phone numbers that bouncers and others can use to get a trained professional from St John’s Ambulance to come and make sure that person gets home safe. That is really simple stuff, but the Government have failed to lead from the top.

From cultural change, to showing some simple humility to women who have been impacted, there is clearly lots for us to do to protect women and girls from this vile practice. As we know, spiking is often associated with a whole host of misogynistic behaviours that fundamentally seek to undermine women and our independence.

The Labour party has repeatedly pushed the Government to go further and prioritise measures that will protect women and girls on our streets and in their homes. We have made a strong commitment that will see a perpetrator programme specifically designed to tackle the 1,000 most dangerous abusers on our streets. We have consistently called for violence against women and girls to be part of the strategic policing requirement that has been promised by the Government, but sadly not delivered.

Police forces are not yet required to tackle crimes against women as a priority. That is unforgivable, and yet another example of a Tory Government failing a generation. As I have already said, this is the second debate on this issue this year, and sadly the Government have failed to make any progress. I hope the Minister will accept once and for all that the Government must step up and take urgent action—urgent action, because we are all waiting—before more lives are impacted and more confidence is lost.

Town Centre Safety

Alex Davies-Jones Excerpts

Tuesday 5th December 2023 Commons Chamber

[Alex Davies-Jones (Pontypridd) (Lab)]

It is a privilege to close this important and timely debate on behalf of the Opposition, and to follow the hon. Member for Ipswich (Tom Hunt), who gave us a fresh dose of reality. I welcome his candour in outlining the actual situation that is faced by so many of our town centres up and down the country.

Many hon. Members from across the House referenced issues with their own town centres, particularly knife crime. The hon. Member for Ipswich, the right hon. Member for Bournemouth East (Mr Ellwood) and my hon. Friend the Member for Halifax (Holly Lynch) all talked about the rise in serious violent crimes in our town centres. Sadly, our police are having to deal with those crimes more and more. I take this opportunity to pay tribute to my hon. Friend for all her work on the Protect the Protectors campaign: she has been a vocal champion for looking after those who run towards danger when we all run away from it. It is absolutely imperative that we do more to protect not only our protectors—our first responders—but our shop workers and all those who are in our town centres, working hard to improve those town centres, boost our local economy, and make our towns better places to live and to enjoy retail and leisure activities. Sadly, because of the situation that has been described today, those people face significant challenges.

From the contributions of colleagues from across the House, it is clear that safety in our town centres is a growing concern for all of us and for our constituents. My hon. Friends the Member for Oldham West and Royton (Jim McMahon), for Newcastle upon Tyne North (Catherine McKinnell), for Luton South (Rachel Hopkins) and for Tamworth (Sarah Edwards) all referenced the challenges faced by the businesses on our local high streets. They are not only having to deal with bank closures up and down those high streets, as well as pub closures, rising business rates and a cost of living crisis, but with a spate of retail crime that is yet another hammer blow.

My hon. Friends for Luton South and for Tamworth also mentioned assaults on shop workers, which has been a key focus of this afternoon’s debate. Our retail workers go out to work not to be assaulted, to be verbally abused, or to have to protect their stock from shoplifting; they just want to earn a decent wage to take home to their family. Sadly, far too many of them are being put in harm’s way and are not receiving the adequate protections that they deserve.

My hon. Friends the Members for Mid Bedfordshire (Alistair Strathern) and for Batley and Spen (Kim Leadbeater), as well as the hon. Member for Ipswich, also outlined the harsh reality that so many of us in the UK face. Our town centres are the lifeblood of our communities; they are a valuable resource that nobody should take for granted, but far too often, they have been. People do not feel safe—that is the reality for many people in our country. They do not feel safe walking up and down their high streets or their residential streets, and the reality of exactly why that is has been laid bare before us all. Labour has a plan, but the Conservatives have failed to deliver any meaningful change for the past 13 years.

Later in my speech, I will outline exactly what the situation is, but I will first comment on the contributions made by my good and hon. Friend the Member for Birmingham, Yardley (Jess Phillips). As always, she is a very vocal champion; she reminded us all not to be bystanders. Just last week I attended really important bystander training organised by the Suzy Lamplugh Trust. I implore all right hon. and hon. Members across the House to take part in that training. There was an interesting exchange between my hon. Friend and the right hon. Member for Bournemouth East about exactly what society should do—how can we intervene? How can people feel empowered to do more?

Sadly, I think we have been far too desensitised, and this has become the norm. It is a sad indictment of the situation that people feel like this is just part and parcel of everyday life, but it should not be and it does not have to be. People can all do more, and they can all be active bystanders if they have had the appropriate training. If they feel it is safe, they can do more and can feel empowered to do more.

[Mr Ellwood]

I want to link this point to what my right hon. and learned Friend the Member for Northampton North (Sir Michael Ellis) said. We all need to do intervene more when we see some of the terrible behaviour prompted by what is happening in the middle east, and to call it out. I hope the hon. Member would agree with that.

[Alex Davies-Jones]

I wholeheartedly agree, and I was going to come on to the very powerful speech by the right hon. and learned Member for Northampton North (Sir Michael Ellis), outlining exactly the situation that faces us all. Everyone in our country should feel safe in their high streets, their communities and their homes, regardless of their colour, their religion or their background. I join him in paying tribute to the CST and Tell MAMA for raising awareness of the situation. Sadly, it has worsened as a result of the horrendous attacks in Israel on 7 October, but everyone should feel safe. I hope that this House has a greater opportunity to debate that as time goes on.

As we have heard, the Government have ignored challenges ranging from antisocial behaviour on our streets to retail crime and violence against shop workers for far too long, and ordinary people are paying the price. By contrast, as I have said, Labour has made bold commitments because we recognise that people deserve to be safe in their communities. In government, we will halve serious and violent crime and raise confidence in the police and the criminal justice system within a decade.

Let us be clear: the challenge ahead of us, as we have heard, is significant. Thanks to this Tory Government’s shameful record, we are now seeing record instances—up by more than 30%—of criminal damage to shops, schools, leisure centres and businesses in our town centres. In the year ending September 2021, 41,500 offences of criminal damage to a building other than a dwelling were recorded by the police, yet the latest figures show that this has risen to almost 55,000, which is about 150 incidents every single day. How can this be allowed to continue?

The reality of the situation is that the Conservatives have failed to tackle the root causes of crime and violence. Over the last 13 years, the role of crime prevention work has been heavily downgraded by the Home Office, and leadership has been practically abandoned overnight. Rather than keeping people safe here in the UK, we have a Government who are more focused on wasting taxpayers’ money and chasing headlines for their failing asylum scheme. The Tories are simply out of touch.

[Mr French]

On crime prevention, one of the best tools used in London is stop and search, which removes about 400 knives and weapons from London’s streets each month on average. Can the hon. Lady outline what the Labour party’s official position is on stop and search?

[Alex Davies-Jones]

I welcome the intervention, and I know that stop and search has an appropriate place, particularly in targeting knife crime and offensive weapons. It can be an appropriate tool if used appropriately, with the police obviously having the appropriate training and support to do so. It cannot be a blanket policy to target everybody in our town centres; it has to be used appropriately, proportionately and effectively if it is to be used at all. It can be used as an appropriate tool and I recognise that it has a place, but there are other schemes and, as I have said, crime prevention has been overlooked far too much by this Government. There are many schemes to deal with that, and I will be outlining our plan.

I will welcome an intervention by the Minister if he wants to reach out to me, but I offer him an olive branch. I invite him to come and spend the day with me in Pontypridd, because I am confident that it will take him all of 10 minutes to understand the real issues that we are discussing.

[The Minister for Crime, Policing and Fire (Chris Philp)]

And in Croydon South?

[Alex Davies-Jones]

Yes, happily.

In fact, my community, along with many others across the country, recently came together to commemorate White Ribbon Day, which is always a poignant moment to reflect on the huge battle we continue to face as we seek to end male violence against women and girls for good. One of the most shameful consequences of the last 13 years is the systemic failure to tackle violence against women and girls, which is having serious consequences. I rarely have to state the obvious, but sometimes clarity is overlooked in this place. I genuinely do not know whether men can truly understand the fear and the constant, often underlying concern that women feel when out on our streets and in our town centres. Our safety is not always at the forefront of our minds, but let it be known that it is always present in them. I know that women, across ages and across the political divide, know that feeling of asking a friend to take a longer and safer route home or to message when they are back. We have all become used to exhibiting such behaviour as second nature, but how on earth have we got to a point where women and girls cannot reliably feel safe when simply walking through our town centres?

Something commonly overlooked is the huge impact that the situation is having on older people, who may be equally vulnerable and the targets of crime. I have heard from a number of older residents—male and female—in my own area, who no longer feel safe visiting Pontypridd on market day. What used to be a bustling day for local businesses on the high street is now often a busy day for my local police force, who are having to do more and more with less and less. That is the simple reality of the situation: this Tory Government have sat by and made cuts to policing that are having a huge impact. Visible policing on our streets remains at record lows, and often police officers have to travel across county lines, which means the connections and knowledge of a local area are sadly lost.

I am lucky in south Wales to have the support of a fantastic, hardworking and award-winning set of police community support officers covering our town centre, including Constable Liam Noyce, Hannah Lowe, Christopher Jones, Lisa Banfield, and Shanie Ross. Sadly, I know that many other areas are not as fortunate. The Government’s lack of leadership means that they have failed to ensure that professional standards in policing are high enough. Recent events and appalling evidence of misconduct have also shown us the extent to which trust in policing can be shattered, and without that trust, policing by consent sadly becomes impossible.

Patterns of crime and vulnerability are changing, but neither the police nor the criminal justice system has kept up. Labour can, and will, do better. As a priority, a Labour Government will crack down on serious violent crime by preventing young people from getting drawn into crime and criminal gangs in the first place. We recognise that there are series issues with knife crime, which is destroying young lives, devastating families and undermining our communities.

To tackle that we need a serious programme of police reform and crime prevention. Government Departments must work together, and work with the Home Office, to intervene where young people are at risk and act quickly when knife crime incidents are recorded. At the moment police forces and local authorities are lacking in direction, but a Labour Government will take action at the root.

Whether that is by tackling websites that promote and sell machetes and dangerous knives, or taking action to stop vulnerable young people being drawn into crime and gangs by putting access to mental health support workers into every school, it is the Labour party that takes safety seriously.

It is utterly wrong that this Government have abandoned their basic duty to keep people safe on our streets and online. The numbers speak for themselves. Most of all, after 13 years of Tory Government, more than 90% of crimes are going unsolved. That means that criminals are less than half as likely to be caught now than when Labour was last in government. The Conservatives’ legacy on crime and justice is one of damaging decline and collapsing confidence, and victims and communities are paying the price. I echo the pleas of my hon. Friend the Member for Nottingham North (Alex Norris), who asked the Minister to do better. If he cannot commit to getting the basics right on personal safety, people across the country will sadly continue to suffer. Only Labour has a solid plan for change, and never, ever, has the need been stronger.