Crime and Policing Bill Debate

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Department: Home Office
Iain Duncan Smith Portrait Sir Iain Duncan Smith
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I bow before my right hon. Friend’s greater knowledge in these matters, having headed up the Department. I simply say that for this particular purpose, I agree with her. I am urging the Government to take this matter away and look at it in the other place. Although I will not press my amendment, because legal bikes are incorporated in the earlier cycling amendment that I put forward and the Government accepted, we need more work on illegal bikes and e-scooters.

My worry, as I have said again and again, is that people can buy these things without any qualification whatsoever, whereas if I as a motorcyclist buy a bike, I have to be able to demonstrate that I am qualified to ride it away from the shop. People are not required to do so with e-bikes and e-scooters, so there is a peculiarity. Everywhere else in our legislation, we follow through. This one has dropped through the grid, and I therefore urge the Minister and the Department to look closely at the matter and see whether we can define that better in the other place and ensure that shops are unable to sell those bikes. I will not press this new clause because I think we are at the right place so far with the Government.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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I will speak to new clauses 23, 24 and 25 in my name. New clauses 23 and 24 propose restrictions on the delivery and display of pointed knives to avoid death and serious injury from knife attacks. New clause 25 repeals certain unnecessary and unlawful punitive measures directed against Roma, Gypsy and Traveller communities.

I am grateful for the interest the Minister has shown in these matters and for meeting me to discuss them. I do not intend to press them to a vote, but I look forward to her response as to how they may be progressed. I support many other amendments and new clauses to the Bill. I have signed new clause 13 in the name of my hon. Friend the Member for Liverpool Riverside (Kim Johnson) and new clause 155 in the name of my hon. Friend the Member for Bolton West (Phil Brickell) on setting up an economic crime fighting fund. I of course congratulate my hon. Friend the Member for Gower (Tonia Antoniazzi) on her new clause 1 which was debated and passed yesterday.

On Second Reading, I expressed a general concern that the necessary and complex legislation affecting the criminal justice system set out in the Bill and in other Bills and reports in this Session would place an even greater strain on an already creaking system. I will not repeat what I said then, but I hope and trust that Ministers from the Home Office and the Ministry of Justice are working together to ensure that resources are in place to deal with the unintended consequences when supply in one part of the criminal justice system causes demand in another. More police numbers mean more arrests, prosecutions, convictions and incarcerations, but early release or community alternatives to custody can create more work for probation and for the police.

New clauses 23 and 24 would change the selling practices of manufacturers and retailers in the following ways. First, they would prevent the delivery of lethal pointed knives to domestic premises, remote lockers and collection points. Nothing in them would prevent the delivery of pointed knives to chefs, butchers, fishmongers or any other commercial enterprise that uses pointed knives in the course of business. Secondly, they would prevent the display of pointed knives in shops, but would allow safer, rounded knives to be openly displayed in shops, and delivered by courier or mail with minimal restrictions.

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Dawn Butler Portrait Dawn Butler
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I support my hon. Friend’s new clauses. In fact, when I was Minister for Young Citizens and Youth Engagement, we posed this question of whether there should be rounded knives. I am glad to see that the debate has moved on, because at that point, people found the idea that this would help solve the knife crime problem almost comical, so I thank him for pursuing this issue.

Andy Slaughter Portrait Andy Slaughter
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When it was people like me proposing it, it was regarded as comical, but now Idris Elba is in favour of it, as well as experts across the field. I pay tribute to not just those celebrities, but victims and experts, particularly those on the Safer Knives group, of which I am member. It looks at the legal, medical and psychological effects of knife crime, and suggests practical ways of not eliminating but reducing the number of deaths and serious injuries.

New clause 25 seeks to repeal draconian police powers relating to unauthorised encampments. Those powers were introduced to the Criminal Justice and Public Order Act 1994 by the Police, Crime, Sentencing and Courts Act 2022, which became law under the previous Government. These punitive and hostile powers led to the victimisation of Romani, Gypsy and Irish Travellers, who are among the most marginalised groups in UK society.

Wendy Morton Portrait Wendy Morton (Aldridge-Brownhills) (Con)
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I am clear that Traveller and minority groups absolutely do have rights, but they also have responsibilities. When this law was put in place, there was good reason for it: to redress some of the imbalance. Does the hon. Gentleman agree that repealing this law would leave our communities unprotected against unauthorised Traveller encampments? In areas like mine, the police became involved in a game of cat and mouse. Excrement, litter and worse was left in our communities. Would not a repeal leave the police with no powers to tackle the issue?

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Andy Slaughter Portrait Andy Slaughter
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I am afraid that is the sort of nonsense that I hear a lot of the time. Let me read to the right hon. Lady some of the measures that were in force before the Police, Crime, Sentencing and Courts Act was passed: temporary stop notices, injunctions to protect land from unauthorised encampments, licensing of caravan sites, possession orders, interim possession orders, local byelaws, the local authority power to direct unauthorised campers to leave land, addressing obstructions to the public highway, planning contravention notices, enforcement notices and retrospective planning, stop notices, breach of condition notices, powers of entry on to land, power of the police to direct unauthorised campers to leave land, and police powers to direct trespassers to an alternative site. That was the position before that Act came into effect. There were ample powers to deal with these matters.

Andy Slaughter Portrait Andy Slaughter
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No, I will not give way again. Frankly, I found the right hon. Lady’s last intervention a bit beyond the pale, so I am not giving her another opportunity. I am afraid that the sort of information she peddles leads to the situation that we are in. The constant threat of criminalisation of nomadic lifestyles has a devastating impact on families. That is why human rights campaigners and international bodies, including the Council of Europe and the United Nations, have raised concerns about the legality of the provisions that I am addressing.

Charlie Dewhirst Portrait Charlie Dewhirst (Bridlington and The Wolds) (Con)
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The hon. Member has just painted a complex legislative picture. Does he not agree that there was a need for the 2022 legislation, because all the measures that he has just read out simply were not working?

Andy Slaughter Portrait Andy Slaughter
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The powers are there, but we must look at their implementation. I am always sympathetic to the hon. Gentleman, because he was such a good opponent for me at two elections, and I take to heart the measured way in which he puts his point, but to counter what he says, in May 2024, following a judicial review of part 4 of the 2022 Act brought by Wendy Smith against the Home Office, the High Court issued a declaration of incompatibility with the Human Rights Act 1998. The Court found that certain provisions on the extension of a ban on returning to a particular area from three months to 12 months constituted unjustified discrimination against Gypsies and Travellers. Despite that, the powers remain in force, and although the declaration of incompatibility with our laws relates only to the provisions I just mentioned, I put it to the Minister that all of part 4 could be scrapped without any detriment to the enforcement of previous laws.

Police and local authorities already have a whole spectrum of other powers, as I have set out, which they can and do use against encampments. If they are failing to use those, it is for them to say why. I also know that the police did not seek those powers; they were simply imposed on them. The Crime and Policing Bill presents the perfect opportunity for the Government to put this right by repealing part 4 of the 2022 Act, which, let us remember, allows police to ban Gypsies and Travellers from an area, to arrest and fine them, and even to seize their home.

I hope to receive positive news today, but if my right hon. Friend the Minister wishes to discuss these matters further, I would be happy to engage in that discussion—I have great support from Friends, Families and Travellers, and other excellent groups representing the Roma Gypsy and Traveller communities—to see how the law can be made fair to nomadic and non-nomadic communities. That is what is being asked for here. Frankly, at the moment the law does not create a balance; it creates a bias one way.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown (North Cotswolds) (Con)
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I rise to speak in support of new clause 41, which is in my name, and in the names of others. It is a very simple amendment that would require His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services to include firearms licencing in their PEEL—police effectiveness, efficiency and legitimacy—obligations. I declare an interest as chairman of the all-party parliamentary group on shooting and conservation, and as a firearms owner.

I first thank the Minister for Policing and Crime Prevention for attending our most recent meeting of the APPG to answer a range of questions from our members; we were very grateful for her time. I share her commitment to protecting public safety through sensible firearms law and an effective and efficient firearms licensing system. It is not in the interests of the public or the shooting community for the wrong people to have guns in their possession. That is why I am proposing the new clause.

Members will be aware that the firearms licensing system in the UK is a postcode lottery. With 43 separate licencing authorities, inconsistency in the application of the law, guidance and services is endemic across the system. A quarter of police forces are taking a year or more to process applications for certificates, with delays across the system. Gloucestershire constabulary—the force that I know best—recently put out a statement saying that it was not accepting any new firearm licence applications for two years, due to a lack of trained firearms officers. I intervened, and the police acted quickly to reverse the decision, setting up a gold command, and I now receive regular updates from the team. However, that wait is not good enough, especially when the Government are imposing a 133% hike in fees.

An inefficient and ineffective licensing department endangers the public. The inquest on the tragic murders in Keyham, Plymouth, revealed that the Devon and Cornwall police firearms licensing department, which had issued a certificate to the murderer, removed his firearm after an assault but, unbelievably, gave it back to him once he had done an anger management course. The department was described as a “chaotic shambles” that could not operate its own risk matrix. It identified the murderer as low-risk, when in reality he was high-risk and should never have received a certificate.

I appreciate that the Minister has given assurances that data on licensing department waiting times, for both renewals and new applications, are now being made available to the public. However, that does not go far enough to ensure that police forces take their inefficiencies seriously and put an action plan in place to improve departments across both England and Wales.

PEEL inspections take place every year or so for every police force in England and Wales. They include themes such as treating the public fairly, responding to the public, and resources and value for money. Firearms licensing comes under all three categories, yet there is no mention of it in any previously published PEEL inspection. In addition, although the Minister has reassured us that all funds received from the full cost recovery of firearms licensing will be ringfenced for improving firearms licensing departments, that is not guaranteed. The British Association for Shooting and Conservation, which acts as my secretariat on the APPG, wrote to all forces when the increase in firearms licensing fees was imposed, seeking assurances that all funds would go to firearms licensing. To date, only a third of constabularies have given that assurance.

Including firearms licensing in PEEL inspections is a powerful way to ensure that police forces are publicly accountable, funded properly and run efficiently for the benefit of public safety. New clause 41 is a sensible and proportionate probing amendment that I hope the Minister might feel able to accept, if it were to be tabled in the other place.