Crime and Policing Bill (First sitting) Debate
Full Debate: Read Full DebateAnna Sabine
Main Page: Anna Sabine (Liberal Democrat - Frome and East Somerset)Department Debates - View all Anna Sabine's debates with the Home Office
(4 weeks, 1 day ago)
Public Bill CommitteesThank 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.
Q
Oliver Sells: Oh dear. I do not think time permits me to answer that question in the way that I would like. Goodness gracious!
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.
Q
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
Full Debate: Read Full DebateAnna Sabine
Main Page: Anna Sabine (Liberal Democrat - Frome and East Somerset)Department Debates - View all Anna Sabine's debates with the Home Office
(3 weeks, 3 days ago)
Public Bill CommitteesThe 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.
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.
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.
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.
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.
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.
Crime and Policing Bill (Fifth sitting) Debate
Full Debate: Read Full DebateAnna Sabine
Main Page: Anna Sabine (Liberal Democrat - Frome and East Somerset)Department Debates - View all Anna Sabine's debates with the Home Office
(3 weeks, 1 day ago)
Public Bill CommitteesMy hon. Friend makes a valid point. People often order stuff to be delivered to their house; an Uber Eats driver might turn up at whatever time of the night. The people who arrive tend to turn up when people are not at work, so they could be there of an evening, when it is dark or at inconvenient times, when the risk is probably higher. They could be in any setting, and it will be unfamiliar to them but familiar to whoever they happen to be visiting. We have to give some thought to this issue, and I am interested in what the Minister will have to say on it.
This is not to speak against the measure, but is the Minister confident that it is drafted in a manner that will reduce assaults against shop workers, as well as abuse and threats? Could it be broader, to encompass antisocial behaviours that have no place on our streets? I am delighted that the incumbent Government are continuing with the proposals of their predecessor in creating this stand-alone offence, but we wish to make some proposals for improving it.
First, amendment 29 would require the courts to make a community order against repeat offenders for retail crime in order to restrict the offenders’ liberty. A huge amount of such crime is committed by repeat offenders. I would be grateful if the Minister could give us her perspective on the proposal.
We are grateful that the proposals from the last Government’s Criminal Justice Bill are being brought forward in this Bill, but I was disappointed that the new legislation does not include the mandatory requirement for a ban, electronic tag or curfew to be imposed on those committing a third offence of either shoplifting or assaulting a retail worker. Many retailers believe that this would ensure that the response to third offences would be stepped up, and would provide retail workers with much-needed respite from repeat offenders. To this end, we tabled new clause 26. Again, I would be grateful for the Minister’s view on it, and for her rationale for what some might consider a watering-down of the sanctions.
I note that clause 15 sets out that those under the age of 18 will not be subject to a criminal behaviour order. Will the Minister comment on the frequency of involvement in retail crime by under-18s? Why are criminal behaviour orders not necessary to deter them?
One of the points made about the stand-alone offence, over and above the sanction and the consequence, is that it is about increasing police response time, as well as accountability and transparency. By having a stand-alone offence, we will have data on where and how often these things occur, and we can then measure where the police are and are not taking the required action. On that basis, has the Minister given any thought to how to manage that data, how we might hold to account police forces with the greatest volume of such offences and how we can look at ensuring that all police forces have a consistent response?
I will make a slightly shorter speech. [Hon. Members: “Hear, Hear!”] I welcome the Government’s measures to protect retail workers against assault. I have seen the evidence of this challenge at first hand in my constituency. In Frome, we have an amazing small independent shop and art gallery that has been repeatedly targeted by groups of young people who are spray painting graffiti on the windows and shouting abuse at retail workers and shoppers. This is part of a wider picture of antisocial behaviour that is happening on our high streets, and that neighbourhood police are working so hard to tackle. As we said in previous discussions, we need to support neighbourhood police and resource them to do so.
Retail workers are on the frontline of the much wider antisocial behaviour we see in our towns and cities. As we know, high street businesses are critical not only to our economic success, but to the wellbeing of the places we live and work in. It is vital that they can recruit and retain staff who can come to work without fear of being threatened or assaulted. However, the Minister should consider that it is not only retail workers who are victims of assaults; bank branch workers in customer-facing roles should have the same level of protection.
At a recent constituency breakfast, I spoke with a representative from Barclays bank. He told me that there were more than 3,500 incidents of inappropriate customer behaviour against Barclays staff in 2024, with more than 90% involving verbal abuse, as well as many other incidents of smashed windows and graffiti. Bank branch staff across the UK would be grateful if the Minister could extend to them the protections being provided to retail workers.
It is an honour to serve under your chairship, Dr Allin-Khan. I rise to speak briefly to clauses 14 and 15. I draw the Committee’s attention to the fact that I am a Co-operative member and a Labour and Co-operative MP who has long campaigned for stronger protection for retail workers.
Retail crime is not just a statistic; it has real and lasting consequences for workers, businesses and our communities. In Leigh and Atherton I have seen at first hand the toll that it takes. This month I visited one of our anchor stores in Leigh town centre and spoke to a security guard who had been threatened with assault while simply doing his job protecting staff, stock and the business. He told me it is not just about one incident, but the daily reality of intimidation, threats and the fear that one day those threats will turn into something worse. And he is not alone.
With my office based on the high street, I see the challenges up close. Local businesses have told me they face verbal abuse, harassment and physical threats daily. Many have even stopped reporting incidents because they feel they are not being heard.
Crime and Policing Bill (Seventh sitting) Debate
Full Debate: Read Full DebateAnna Sabine
Main Page: Anna Sabine (Liberal Democrat - Frome and East Somerset)Department Debates - View all Anna Sabine's debates with the Home Office
(2 weeks, 3 days ago)
Public Bill CommitteesIt is a pleasure to see you in the Chair this morning, Ms Lewell. It might be helpful to the Committee to hear about amendment 5 before I respond.
Cuckooing is the offence of exercising control over the dwelling of another person to carry out illegal activities. As this legislation is drafted, the person whose dwelling it is has to not have given consent for it to be an offence of cuckooing. Amendment 5 would strengthen protections for vulnerable individuals by modifying clause 33 to clarify when a person is presumed unable to give valid consent in certain situations involving potential exploitation.
Cuckooing is pervasive in our society. Last week, my hon. Friend the Member for Dorking and Horley (Chris Coghlan) was in the news discussing a young man with autism who was found dead in his flat after a criminal had moved into his flat and stabbed him. Despite attempting suicide, being a victim of theft, being rescued by the emergency services after accidentally causing a fire, and being assaulted and exploited on numerous occasions, mental capacity assessments were not carried out because the authorities assumed he had capacity. His mother visited him as often as she could, asked the police for welfare checks and urged the authorities to help. My hon. Friend is campaigning with cross-party MPs to amend the Mental Health Bill.
Given that the Crime and Policing Bill will provide a new offence for cuckooing, that case shows that we also need to strengthen the protections for vulnerable individuals who may be mentally incapacitated or in vulnerable situations, as amendment 5 would do. It would shift the burden of proof, so if someone were deemed to be in an impaired state, they would automatically be presumed unable to give informed consent unless proven otherwise. It would expand the definition of vulnerability to cover not only legal mental incapacity, but those in exploitative situations such as coercion, abuse or extreme distress.
The amendment would help to prevent the exploitation of vulnerable individuals, especially in criminal policing or safeguarding contexts. It also aligns with broader safeguarding laws and human rights protections, and would make it harder for perpetrators to claim that a victim gave valid consent when actually in a compromised state. I urge the Committee to support amendment 5.
It is a pleasure to serve under your chairmanship, Ms Lewell. It is a privilege to support the Government’s action to tackle cuckooing through the Bill. As the Member of Parliament for Gravesham, this issue strikes close to home, because people in my constituency who are struggling with addiction, mental health issues or past trauma are being preyed on. Criminals take over their homes, exploit their vulnerabilities and use their properties to conduct criminal activities, in particular drug dealing. These are not abstract concerns. People living real lives in real streets in Gravesham are trapped by fear in what should be the safest place they know—their own homes.
The introduction of the new offence is not only welcome, but essential. For the first time, the Bill offers a clear and focused legal mechanism to tackle an abhorrent practice that existing legislation cannot fully capture. I place on record my strong support for the Government’s action. I will also highlight why the offence is necessary, the real-world impact of the practice on victims, and how the Government’s work helps to close a dangerous and damaging gap in the law that has persisted for far too long.
Why does this offence matter? Cuckooing is one of the most insidious and devastating forms of criminal exploitation in our communities today. It targets those who are already vulnerable, whether due to substance misuse, disability and mental health, poverty, homelessness or previous victimisation. The offender may initially appear as a friend or helper, and may offer company, drugs, money or protection. Very quickly, however, the true nature of that relationship emerges through control, coercion, fear and potentially violence.
Victims find themselves trapped, as they are often too frightened, ashamed or traumatised to seek help. We have heard from frontline services such as Kent police and Gravesham borough council’s community safety unit that victims do not even recognise that they are victims at all. They may blame themselves. They may have rationalised the situation and believe that they have no other choice.
At present, the law does not make it easy to intervene early or decisively. Police often find themselves attending reports of suspicious activity, but have no obvious offence to charge without the victim’s co-operation or an underlying crime, such as drug possession, being proven. The new offence addresses that critical gap. It criminalises the very act of exerting control over someone else’s home for the purpose of criminal activity, without them having to verbalise their non-consent and without demanding that underlying offences must first be proven. The offence acknowledges that controlling a person’s home is itself serious and harmful abuse. It also empowers police, local authorities and safeguarding teams to take earlier, firmer action to protect victims before exploitation escalates further. The Bill listens to communities and acts on their behalf.
The Bill defines such control clearly. Clauses 32 to 34 are framed to show real understanding of the complexities involved. The Bill clearly defines “control” to include subtle and partial takeovers, such as deciding who enters the property, what it is used for and whether the resident can use their own home. The Bill also covers a wide range of structures, including houses, flats, caravans, tents and vehicles, reflecting the reality of vulnerable people. It ensures that supposed consent must be freely given and informed by someone over the age of 18 with full capacity, protecting those most at risk of coercion. The Bill is future-proofed by clause 34, which allows the Home Secretary and the devolved Ministers to add new crimes to the relevant offence list as patterns of exploitation evolve over time—we know that they evolve over time.
To understand why the offence is so urgently is needed, we must listen to survivors. Take the story of James, which was shared by the Salvation Army. James was a young man struggling with addiction. He thought he had made friends, but soon those friends took over his flat. They brought drugs and violence into his home. Strangers came and went at all hours. James was trapped—afraid to leave, but no longer safe inside. When help finally reached him, James was a shell of himself. He had lost control of his life, his space and his dignity. He said later:
“It’s scary. Your house is taken over. You don’t know who’s knocking on your door. People coming to your door every two minutes. Threatening people in your home. Threatening me in my home. It totally takes over your life.”
James’s story is heartbreaking, but far from unique. Housing teams and police officers in Gravesham have listed multiple cases where individuals were forced into drug addiction by their own exploiters to increase their dependency. Homes have been used to store class A drugs without the tenant’s knowledge, which is a clear breach of tenancy guidelines and puts them at risk of eviction. Sheds and garages become secondary sites of exploitation.
That is the story of James and many others in Gravesham, but the national statistics show the sheer scale of the problem. One in eight people across the UK has seen signs of cuckooing in their community. During just two weeks of national police action, nearly 1,700 cuckooed addresses were visited and hundreds of victims exposed. In 2021 alone, 33% of all modern slavery referrals include criminal exploitation, much of it linked to cuckooing. County lines exploitation, where cuckooing is rampant, now accounts for a staggering 16% of national referral mechanism cases.
This change to the law is not only needed; it is desperately needed. I could go on, but I know other hon. Members wish to speak. I am proud to stand here to support the new measures on cuckooing. Hopefully, we may now put those criminals behind bars, where they belong.