Crime and Policing Bill (Seventh sitting)

Debate between Anna Sabine and Diana Johnson
Diana Johnson Portrait The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)
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It 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.

Anna Sabine Portrait Anna Sabine (Frome and East Somerset) (LD)
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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.

Police Reform

Debate between Anna Sabine and Diana Johnson
Wednesday 20th November 2024

(5 months ago)

Commons Chamber
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Diana Johnson Portrait Dame Diana Johnson
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My hon. Friend is absolutely right. We need to support our police officers in the work that they do to keep us all safe, day in, day out. He will know that this year we accepted the recommendations of the pay review body, and that additional funding was provided to police forces to pay for an increase in salaries. It is important that we continue to ensure that our police are properly remunerated for the difficult job that they do. The Home Secretary has made that clear in her support for police officers.

Anna Sabine Portrait Anna Sabine (Frome and East Somerset) (LD)
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Farmers in my constituency tell me that they are often the victims of serious rural crime, including threats of physical violence, but do not usually bother to report it because they do not think our rural police forces are well enough resourced to give a full response. If that is happening across the country, presumably it means that rural crime is seriously under-reported. What more does the Minister plan to do to resource our rural crime teams, and to give farmers and others living in rural areas reassurance that they can and should report crime?

Diana Johnson Portrait Dame Diana Johnson
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The hon. Lady is exactly right. We need to make sure that when crime happens, it is reported. That is absolutely vital. As I said in my opening remarks, for too long people have felt that it is not worth reporting a crime because no one will come and nothing will be done. Our neighbourhood policing guarantee is not just about urban areas; it also covers rural areas, and we want rural communities to have the support that they need from police, PCSOs and specials. I am also responsible for rural crime, and I know that there is a range of issues that we need to look at again, including the theft of agricultural machinery; that is an area that I am particularly focused on.