Oral Answers to Questions

Debate between Ann Coffey and Damian Green

Monday 7th July 2014 Commons Chamber

[Damian Green]

I am very happy to agree with my hon. Friend, not least because I was in Yorkshire before the Tour started last week to see the police preparations for the operation, which were extremely thorough, as we would expect. The fact that everyone in Yorkshire—I hope it is the same for everyone in Essex and London today—was able to enjoy a peaceful event, with the world watching us, is a tribute to the calm and well-ordered way the British police go about their business.

[Ann Coffey (Stockport) (Lab)]

I understand that the National Crime Agency has suggested to chief constables that they should think carefully about requesting a registered intermediary. The number of requests has increased, and with that, of course, have come consequent costs to police budgets. Does the Home Secretary not think that the way forward might be a central budget for intermediaries requested by the police, so that the best evidence can always be obtained from vulnerable witnesses?

[Damian Green]

The hon. Lady makes a reasonable point, because clearly registered intermediaries do a good job. I will look at the details of what she says the NCA is saying, because the system does not appear to be working badly. I will certainly look at any details she may care to provide me with.

Oral Answers to Questions

Debate between Ann Coffey and Damian Green

Tuesday 4th February 2014 Commons Chamber

[Damian Green]

The whole House will sympathise with my hon. Friend’s view, and, in particular, with her constituent Marie Heath. The Government fund a national homicide service which supports bereaved people by, for instance, giving them access to support and guidance, helping them to explain their position to their employers, and enabling them to gain access to legal advice.

[Ann Coffey (Stockport) (Lab)]

The extent to which sexual attacks and exploitation affect the way in which victims give evidence in court is poorly understood, and the difficulties that such people experience when giving evidence are often used to undermine them and their credibility as witnesses. The wider use of registered intermediaries would help to ensure that the evidence of the best possible quality was obtained during cross-examination. I know that the Minister is very supportive of that idea, but what is his view of the barriers that still prevent the use of registered intermediaries?

[Damian Green]

There are certainly no barriers as far as I am concerned. I entirely agree with the hon. Lady about the importance of registered intermediaries. As she knows, as well as introducing a victims code, we are taking other steps to help particularly vulnerable victims of the type that she has described, which include the introduction of changes in the way in which they can give evidence. In some cases video evidence can be used, and we are consulting on how to surmount the problems posed by the multiple cross-examination of vulnerable witnesses in other cases. Obviously, we will continue that work.

Anti-social Behaviour, Crime and Policing Bill

Debate between Ann Coffey and Damian Green

Monday 14th October 2013 Commons Chamber

[Damian Green]

The Government proposals are in my name and that of my right hon. Friend the Home Secretary. New clauses 14 and 15, and new schedule 1, will simplify and strengthen the existing civil order regime under the Sexual Offences Act 2003. The inspiration for the reforms is the Childhood Lost campaign of my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood), who has attracted more than 100,000 signatures to her online petition and the support of 67 right hon. and hon. Members on both sides of the House, who have added their names to my hon. Friend’s new clause 5. I pay tribute to her and those on both sides of the House who have campaigned so effectively on this important issue.

The Government essentially agree with the campaign and we are determined to do everything we can to protect the public from predatory sexual offenders. The UK has some of the toughest powers in the world to manage the risks posed by sex offenders, but in recognition of the important points highlighted by my hon. Friend’s campaign we are bringing forward amendments to the Sexual Offences Act 2003 to make our powers even more effective.

[Ann Coffey (Stockport) (Lab)]

I seek clarification from the Minister. The risk of sexual harm orders, which the new sexual risk orders would replace, can be given only to offenders aged 18 and over. Will the new sexual harm prevention orders also only apply to offenders over 18? If they will apply to offenders under 18, what consideration has he given to introducing accompanying rehabilitative provisions for child sex offenders?

[Damian Green]

If I may, I will first pay tribute to the hon. Lady, who has campaigned on these issues for a long time and deserves much of the credit for raising public awareness. If I may, I will come to the details of the offences shortly.

New clauses 14 and 15, and new schedule 1, will repeal the sexual offences prevention order, foreign travel order and risk of sexual harm order in England and Wales, and replace them with two new orders: the sexual harm prevention order and the sexual risk order. I welcome the engagement of hon. Members on this issue and I hope that my hon. Friend the Member for Oxford West and Abingdon will be pleased to note that we have sought to include her points as far as possible in the Government amendments. Indeed, following consultation with front-line professionals, including the police, the courts, the National Offender Management Service and the National Crime Agency, in a number of respects the Government amendments go further than her new clause 5.

The sexual harm prevention order will be available for those with convictions for sexual or violent offences. It may be made by a court on conviction, or by the magistrates court on application by the police or the National Crime Agency. A court may impose an order for the purposes of protecting the public in the UK and/or children or vulnerable adults abroad from sexual harm.

The sexual harm prevention order may prohibit the person from doing anything described in it, including preventing travel overseas. Any prohibition must be necessary for protecting the public in the UK from sexual harm or, in relation to foreign travel, protecting children or vulnerable adults from sexual harm. It lasts a minimum of five years and has no maximum duration, with the exception of any foreign travel restrictions which, if applicable, lasts for a maximum of five years but can be renewed.

The second new civil order is the sexual risk order, which will be available for those who have not been convicted of an offence but who none the less pose a risk of sexual harm to the public. It may be made by the magistrates court on application by the police or the new National Crime Agency where an individual has done an act of a sexual nature and poses a risk of harm to the public in the UK or adults or vulnerable children overseas.

--- Later in debate ---

[Ann Coffey]

On the support that is available in court for vulnerable witnesses, does the Minister agree that it is not acceptable that registered intermediaries are appointed in so few cases? If we are to support vulnerable witnesses, particularly child witnesses, we must make it a matter of course that registered intermediaries are appointed at the earliest possible stage, even before the first police interview.

[Damian Green]

Appointing registered intermediaries before the first police interview may be difficult in practical terms, but I accept the hon. Lady’s general point that we need better support mechanisms for vulnerable witnesses. Some of those mechanisms will involve institutional change, as I have said, but the provision of intermediaries may also be required.

The fourth priority of the group is online protection and, in particular, attacking the use of vile child abuse images online. There is therefore a lot of work to do beyond this legislation.

I will respond to some of the individual points that have been raised. The right hon. Member for Oxford East (Mr Smith) asked about close reporting on the monitoring and extent of the powers. Various other Members talked about the necessity for guidance. The Government amendments require statutory guidance to be issued. We will work closely with the police, the NCA and others in considering the best way to apply the new orders.

We have had a vigorous debate about the use of the criminal standard of proof. If I may try to reconcile what has been the only scratchy part of this debate, there is a balance to be struck. We could apply the civil standard to the new order, but one consequence would be that a breach of the order would not be a criminal offence punishable by up to five years in prison. I hope that those who are doubtful about the level of proof will accept that what we are proposing strikes the right balance, given the risk of harm to children and vulnerable adults. As my hon. Friend the Member for Oxford West and Abingdon explained, it is not the criminal standard of proof that led to the disappointing use of the original three orders in the Sexual Offences Act 2003.

The hon. Member for Kingston upon Hull North asked about legislation on the grooming of children on the internet. The orders that we are discussing may be used to restrict internet use, so they will hopefully have a direct effect on that type of criminal behaviour. However, it is worth repeating that the principle that what is criminal offline is criminal online always applies. There is no separate law that applies to the online world. If something is a crime in the real world, it is a crime in the online world. As I have said, cybercrime is one of the four immediate priorities of the national group.

I was asked about the appeal mechanism. An individual who is the subject of either kind of order will be able to appeal against the making of that order under the proposed new sections of the Sexual Offences Act 2003. In addition, after an order is made, there is the right to apply for it to be varied or discharged. I hope that the appropriate safeguards are in place for people to make appeals.

Oral Answers to Questions

Debate between Ann Coffey and Damian Green

Monday 15th July 2013 Commons Chamber

[Damian Green]

My hon. Friend is right that that kind of work between different police forces is important. The national police working group on child abuse and investigation has representatives from Welsh, Scottish and Northern Irish forces, while the Child Exploitation Online Protection Centre works with colleagues across the UK in combating this particularly abhorrent crime.

[Ann Coffey (Stockport) (Lab)]

Children going missing for repeated periods of time is one of the key indicators of sexual exploitation. It is important that data on missing children is considered alongside other data from health, schools and children’s services better to identify children at risk of sexual exploitation and to disrupt sexual grooming at an early stage. Does the Minister agree that, although it is good to see the number of rising prosecutions for child sexual exploitation and the lengthy prison sentences for offenders, prevention is the best outcome for children?

[Damian Green]

I agree with the hon. Lady, who I know has a long record of constructive activity in this field, that missing children are particularly vulnerable. That is why the new taskforce I am chairing has on it significant representation from the Department for Education, so that those who are looking after the children can try to reduce the numbers that go missing in the first place.

Oral Answers to Questions

Debate between Ann Coffey and Damian Green

Tuesday 2nd July 2013 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

The appointment of registered intermediaries is an underused special measure for child witnesses. Because children do not hear or understand language in the same way as adults, they can find cross-examination very confusing. What more can Ministers do to encourage the appointment of registered intermediaries to help children give good quality evidence in court?

[Damian Green]

The hon. Lady is right that registered intermediaries do an extremely good job. On the wider front, I hope she is aware of the measures that we are taking to protect vulnerable witnesses and young vulnerable witnesses in particular. We have announced the reform that will allow them to give interviews by video link, so that they do not have to be in court; we are looking at ways to avoid unnecessary multiple cross-examinations by barristers; and we are piloting ways of allowing them to give evidence by video in advance. We have a number of ways to protect such witnesses.

Oral Answers to Questions

Debate between Ann Coffey and Damian Green

Monday 10th June 2013 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

15. What training is undertaken by police forces in respect of child sexual exploitation cases.

[The Minister for Policing and Criminal Justice (Damian Green)]

All front-line police officers receive training in protecting and safeguarding children. Dedicated child protection police officers also receive specialist training in investigating child abuse cases, and the College of Policing is delivering additional training for front-line staff so that they can recognise, protect and refer children at risk of child sexual exploitation.

[Ann Coffey]

Children who are being sexually exploited are sometimes involved in antisocial behaviour, theft and other criminal offences. Often, the underlying problem is missed because the child is perceived to be an offender rather than a victim. Does the Minister agree that the training for all police officers should include an understanding of the behaviour associated with child sexual exploitation, including criminal behaviour, so that sexually exploited children are identified at an early age and police resources are used as effectively as possible?

[Damian Green]

The hon. Lady’s point about training is right and I mentioned training in my answer. I am sure she will welcome the fact that the College of Policing and the Crown Prosecution Service will shortly consult on a fundamental review of investigative guidance on child sex offences, precisely so that we can develop greater expertise and sensitivity throughout the system.

Oral Answers to Questions

Debate between Ann Coffey and Damian Green

Tuesday 21st May 2013 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

6. What recent progress he has made on the implementation of section 28 of the Youth Justice and Criminal Justice Act 1999.

[The Minister for Policing and Criminal Justice (Damian Green)]

The Ministry of Justice is actively looking at the practical issues around implementing section 28 of that Act. Putting victims and witnesses first must be a common goal for everyone working in the criminal justice system. That is why this work has involved us working closely with the judiciary, the police, the courts and the Crown Prosecution Service, and it should be completed shortly.

[Ann Coffey]

I thank the Minister for his response. One victim of child sexual exploitation was aggressively cross-examined by seven barristers for three weeks in the Telford trial. Another was repeatedly called a liar until she broke down. Justice is not served by bullying vulnerable witnesses already scarred by their experiences. When does the Minister expect to be able to report further on the implementation of section 28, which allows pre-recorded witness evidence and cross-examination outside court, making the trial process less of an ordeal for victims?

[Damian Green]

I know that the hon. Lady has a long and distinguished record of activity in this area, and I am not asking her to be patient for much longer. As I said in my initial answer, we should come to a decision shortly. This is the last of the Act’s measures to protect particularly vulnerable witnesses to be implemented. I entirely share her concern that, within the confines of having trials conducted properly, vulnerable witnesses should receive proper protection.

Oral Answers to Questions

Debate between Ann Coffey and Damian Green

Monday 6th February 2012 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

Does the Minister agree that if we are to prevent children from being trafficked within the UK, local agencies and parents need to be more aware of the early symptoms of sexual grooming, including repeated missing episodes? What more can he do to raise such awareness?

[Damian Green]

I agree completely, and I know the hon. Lady rightly takes a great interest in this area. As I say, it is a question of spreading best practice around all the agencies—not just local authorities but the police as well. We try hard to ensure that all police forces are much more aware of the specific symptoms of these types of problem so that they can treat anyone affected in the appropriate way.