Crime and Policing Bill (First sitting) Debate

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Department: Home Office

Crime and Policing Bill (First sitting)

Anna Sabine Excerpts
None Portrait The Chair
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Thank you, Sir Robert. We have already used two thirds of the time allotted for our eminent witnesses. As time is fleeting, I request that people keep their contributions as short as possible so that we can cover the greatest amount of content and allow Committee members to ask a question.

Anna Sabine Portrait Anna Sabine (Frome and East Somerset) (LD)
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Q I want to pick up on something Mr Sells said about Crown court backlogs. I have a constituent who is still waiting, two years after a serious sexual assault, and says that that timelapse has actually been more traumatic than the assault itself. You said you were concerned that low-value shoplifting might add to Crown court backlogs; are there other things in the Bill that may do that or, indeed, things you would like to see in it that would help to reduce court backlogs more generally?

Oliver Sells: Oh dear. I do not think time permits me to answer that question in the way that I would like. Goodness gracious!

Anna Sabine Portrait Anna Sabine
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Give it your best shot.

Oliver Sells: I will give you the short answer. Yes, there are a whole load of things, but I do not have time to spell them out for you now. I do not think people understand that the courts want to strive to get cases through but are struggling to do so. There is an enormous amount of good will, both in the magistrates court and the Crown court.

Let me give you one example: prison transport. Why are we so reliant on defendants being brought long distances from prison every day to Crown courts? I see no justification for that in many cases. I have recently tried cases in which the defendant was sitting in Reading prison and the complainant was giving evidence on her phone in a Tesco car park. There is nothing wrong with that at all in my view; it is perfectly satisfactory and prevents all the difficulties and delay of people coming to court.

If I had my way, I would change very radically the procedural rules in the Crown court and the magistrates court. We are too slow and too timid, and I think there is a form of institutionalised idleness in some parts of the sector.

Matt Bishop Portrait Matt Bishop
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Q Sir Robert, during your tenure as Justice Secretary you acknowledged that the number of people prosecuted and convicted for rapes had fallen to the lowest level since records began—including having more than halved in the space of three years—while the number of reported rapes was still increasing. What specific measures did the previous Government implement to address the shortcomings? Do you believe that those efforts were sufficient to meet the victims’ needs? How can the important work on the new measures that this Government have been pursuing be taken further?

Sir Robert Buckland: Thank you for asking that question, because how to deal with what were unacceptable figures was a real judgment call on my part. I thought it was far better, as the responsible Secretary of State, to fess up and apologise, frankly, for the way in which things had happened.

It was through nobody’s deliberate fault, but you may remember the case of a young man called Liam Allan, who was accused of rape and was about to face trial when the disclosure of very important text messages totally undermined the prosecution case, and rightly it was dropped. That, and other cases of that nature, had a bit of a chilling effect—to use a well-worn phrase in these precincts—on prosecutors’ appetite for risk when it came to rape. We then entered a sort of cul-de-sac, whereby, because of concerns about disclosure and the threshold, we saw fewer and fewer cases being brought.

The situation was compounded by the fact that many complainants and victims, when faced with the rather Manichean choice between giving over your phone for months or carrying on with your phone—which is, let us face it, the basis of your life—were saying, “No, thank you. I don’t want any more of this. Frankly, I don’t want to be put through the mill again, bearing in mind the trauma I’ve already suffered,” so the attrition rates were really high.

I therefore thought it was very important that we, the police and the CPS really looked again at the way in which the cases were investigated. That is why I thought it was important that we had things such as the 24-hour guarantee on the return of phones, and Operation Soteria, which was the roll-out operation, refocusing the way in which the police and the CPS worked together on cases to yield results. I am glad to say that we have seen a progressive increase in the number of cases brought. I do not think we are there yet, and we still have to give it a bit of time and a lot more will to get to a position where we can look back.

Let us go back to the Stern review, which was done over 10 years ago. Baroness Stern produced an impressive piece of work that acknowledged the fact that there are many victims and complainants who do not want to through prosecution, and want other means by which they can come to terms with, and get to support for, their trauma. Until we get the prosecution element right and we see the right balance, I do not think we can offer a wide range of different options so that victims feel that they are respected and listened to, that action is taken early, and that they are not having to relive the trauma all over again in a way that, frankly, causes the attrition rates.

From what I see in the Bill, there are certain measures and initiatives that will help in that process, but it does require—and I emphasise this—a huge amount of political will, and the attention of this place, to make sure that the authorities are doing what you want, on behalf of your constituents, them to do.

Crime and Policing Bill (Fourth sitting) Debate

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Department: Home Office

Crime and Policing Bill (Fourth sitting)

Anna Sabine Excerpts
Matt Vickers Portrait Matt Vickers
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The clause seeks to address a scourge that affects all communities across Britain and all our constituencies. Fly-tipping is an inherent problem, and I welcome any provisions to help tackle this costly and environmentally damaging issue.

The clause is a step in seeking to combat this growing issue. It has been a persistent problem in the UK, causing environmental damage, undermining public health and placing an economic burden on local authorities, which are responsible for cleaning up illegal waste. Empowering local councils to take more immediate and decisive action against fly-tipping is key to making enforcement more efficient and consistent. With more resources, authority and tools, councils will be better equipped to prevent fly-tipping, address existing problems and ensure that offenders are held accountable.

Although fly-tipping is largely seen as a waste disposal issue, it is also an environmental one. Waste that is illegally dumped has far-reaching effects on local ecosystems, water sources and wildlife. Existing laws do not always capture the broader environmental harm caused by fly-tipping. Previous Governments have looked to make progress on tackling fly-tipping by increasing the fines and sanctions available to combat it.

In the evidence session, there was some criticism of the measure in the Bill, with the suggestion that it was just guidance and could be considered patronising by some councils. Although I understand that view, doing more to ensure that local authorities are aware of their responsibilities and the powers available to them by providing meaningful guidance can only be helpful.

I am sure we can all agree that fly-tipping is a scourge and a blight on our communities. Many of us will have some fantastic litter-picking groups in our constituencies —I know I do. I thoroughly enjoy getting out with the Thornaby litter pickers, who do an amazing job. It is great to see people coming together to better their communities, but it is a sad reality that more and more groups of selfless volunteers need to form because people are sick of the endless amounts of rubbish strewn in our streets and by our roads.

Britain has a long-established record of trying to tackle fly-tipping and litter. Keep Britain Tidy was set up as a result of a conference of 26 organisations in 1955. Today, it continues that hard and important work.

Fly-tipping is a significant financial burden on local councils. The annual cost of clearing up illegally dumped waste in the UK is estimated to be more than £50 million. That includes the direct costs of waste removal, disposal fees and the administrative costs involved in managing fly-tipping incidents. According to data for 2019-20 published by the Department for Environment, Food and Rural Affairs, in that year alone local authorities in England spent approximately £11 million on clearing up over 1 million reported fly-tipping incidents. That money could be better spent on frontline services such as filling potholes, or on providing community services. Instead, it is used to clean up after those who have no respect for others. The Opposition have tabled amendment 35, which I hope the Committee will support, to complement and strengthen the Bill. Fly-tipping, as defined in the Environmental Protection Act 1990, is the illegal disposal of waste on land or in public spaces, but some types of fly-tipping are defined less clearly. For example, small-scale littering, such as dumping a few bags of rubbish on a roadside or on private property, may not always be captured by existing laws.

Amendment 35 seeks to define some of the guidance that the Bill will require the Secretary of State to set. The Opposition believe it is important that the heart of the legislation’s approach should be make the person responsible for fly-tipping liable for the costs of cleaning up, rather than the landowner. The amendment would require that to be a feature of the guidance, making it loud and clear to all our local authorities that such powers are available to them.

Anna Sabine Portrait Anna Sabine (Frome and East Somerset) (LD)
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Does the hon. Member agree that this might be important for rural communities, and particularly for farmers? Farmers in my constituency tell me that they struggle with being responsible for clearing up after other people’s fly-tipping, for which they have to use their own time and resources.

Matt Vickers Portrait Matt Vickers
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I completely agree. Many farmers in my patch would say exactly the same. When rubbish is dumped in a park or local authority area, it gets cleaned up, at huge cost to the taxpayer, but when it is dumped beyond the farm gate, or in a field owned by a farmer—or anyone else with any scale of land in a rural area—too often they have to pick up the cost, and all the consequences beyond cost.

Currently, fly-tipping offences typically result in a fine and, in some cases, a criminal record. However, repeat offenders are often penalised in a way that does not sufficiently discourage further violations. The fines can sometimes be seen as a mere cost of doing business, especially by individuals or companies who repeatedly dump waste, often for profit. The Opposition’s new clause 24 proposes adding penalty points to the driving licence of any individual convicted of a fly-tipping offence. It is a significant proposal that aims to deter people from illegally dumping waste by linking that to driving penalties, which would impact an individual’s driving record, and potentially their ability to drive. Our new clause shows that we are serious about tackling the issue of fly-tipping. By linking fly-tipping to driving penalties, the new clause would create an additional layer of consequence for those involved in illegal dumping. People with driving licences may be more cautious if they know that their ability to drive could be impacted.

I note amendment 4, tabled by the Liberal Democrats, but it is unclear what that amendment would achieve. I am concerned that it would not complement clause 9, and would be counterproductive. The requirement for parliamentary approval of guidance within a month could lead to delays in the implementation of important policies or updates, particularly if there are disagreements or procedural delays in Parliament. I would not want anything to impede, by overreach, our ability to tackle and curtail fly-tipping.

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Matt Bishop Portrait Matt Bishop (Forest of Dean) (Lab)
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Something that I think we in this House agree on, that I know the police agree on, and that I think the wider public agree on—hon. Members might hear me say this a lot in Committee—is that prevention is always better than detection. I rise to speak having lost, in my previous career, a close colleague and friend to a crime involving an offensive weapon. I only wish we could have prevented that incident.

In essence, the clause is about preventing violence before it occurs. It strengthens penalties for repeat offenders, and aligns with the Government’s broader goal of making communities safer by addressing growing concerns around weapon possession and use in violent crimes. Given the increasing prevalence of offensive weapons such as knives, bladed articles or even corrosive substances, the Bill updates the law to better reflect modern threats. By including a broader range of dangerous items and increasing the focus on intent, the Bill addresses the changing patterns of criminal activity.

I am particularly pleased that the intent provision covers the possession of a corrosive substance, given the rise in acid attacks across the UK. This change is crucial to addressing the growing threat of individuals carrying dangerous substances, such as acid or other corrosive materials, with the intention to cause harm or instil fear. The reference to intent highlights the Government’s commitment to protecting citizens. By targeting the intention to cause harm before it escalates, the clause will help to prevent violent crime and make communities safer.

Clause 11 is vital in addressing the growing severity of offences relating to offensive weapons, including the possession, sale and manufacture of dangerous weapons. By increasing the maximum penalty from six months’ to two years’ imprisonment, the clause will significantly strengthen the deterrence against these crimes and ensure that offenders face stringent consequences. The introduction of either-way offences—allowing cases to be tried in either magistrates courts or the Crown court—will provide the police with additional time to investigate and gather sufficient evidence. That will improve the effectiveness of the justice system in tackling weapon-related crimes, reduce the availability of dangerous weapons and, ultimately, enhance public safety. It will also give police confidence in the laws that they are trying to uphold.

Finally, I broadly support the intent and understand the sentiments behind new clause 44. However, having sat on the Terrorism (Protection of Premises) Bill Committee, which dealt with Martyn’s law, I believe that this issue has been covered elsewhere, as my hon. Friend the Member for Cardiff West said. I therefore do not think it is needed.

Anna Sabine Portrait Anna Sabine
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Broadly speaking, we welcome any effort to reduce knife crime, which is obviously a terrible and growing problem. We note Chief Constable De Meyer’s comment, in the oral evidence last week, that the police felt that the measure would allow them to deliver more sustained public protection, which is a good thing, and to have more preventive power. That is all great.

I have two specific questions for the Minister. The first concerns the offence of possessing an article with a blade or an offensive weapon with the intent to use unlawful violence. I represent a fairly rural constituency that comprises some market towns and a selection of villages. Even there, local headteachers tell me that a growing number of schoolchildren, usually boys, are bringing knives into school, because they wrongly think that bringing a knife will somehow defend them against other boys with knives. How do we ensure that no other schoolchildren will get caught up in an offence aimed at the kind of people we might think of as bringing a knife with the aim of committing an unlawful action?

My second question relates to the National Farmers Union’s evidence from last week. The NFU talked about the challenge of catapults often being used not just in wildlife crime but in damaging farming equipment. It said that it understands that it is an offence to carry in public something that is intended to be used as an offensive weapon, but with catapults, it is particularly difficult to prove that intent. It wondered if more consideration could be given to listing catapults as offensive weapons.

David Burton-Sampson Portrait David Burton-Sampson
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We all know that knife crime ruins lives—for the victim, their family and friends, the perpetrator’s family, and even for the perpetrator. My constituent Julie Taylor is the grandmother of a knife crime victim. On 31 January 2020, Liam Taylor was murdered outside a pub in Writtle—a pleasant place that not many would associate with violent crime. Four individuals approached Liam and three of them attacked him, resulting in Liam being stabbed to death and his friend receiving a serious injury. The attack came in retaliation for an earlier incident, which neither Liam nor his friend were involved in.

Since Liam’s murder, Julie has become an amazing campaigner in the battle against knife crime. She regularly visits schools, universities, colleges, football clubs, scout groups and the like to share Liam’s story and highlight how knife crime destroys lives. She has placed over 500 bleed control bags and 26 bleed control units in key locations across Essex. Sadly, 12 of those have already been used to help 13 people—yes, there was a double stabbing. Her work is all voluntary; she does it in her free time. That is how passionately she feels about the issue. When we met last week, Julie told me:

“All I want is to stop these young people carrying weapons as I can tell you once you lose a loved one to any violent crime, your family is never the same again.”

I shared with Julie the Government’s plans to tackle knife crime through the Bill, and she was delighted. She told me that clauses 10 and 11—and, if the Committee will indulge me, clause 12—are what campaigners have been calling for for so long.

With 1,539 knife crimes taking place in Essex in the year to March 2024 alone, tough action is needed now. These clauses, alongside other measures, will help with the Government’s goal of halving knife crime over the next decade. We must take a truly multi-agency approach, working with the police, charities, young people, victims’ family members, like Julie—they have a real part to play—and businesses, tech companies and sports organisations. I thank the Government for introducing the clauses; they have my full support.