Police, Crime, Sentencing and Courts Bill

Baroness Chapman of Darlington Excerpts

Report stage
Wednesday 12th January 2022 Lords Chamber

Moved by

[Baroness Chapman of Darlington]

104D: After Clause 172, insert the following new Clause—
“Offence of destroying or damaging life-saving equipment
(1) The Criminal Damage Act 1971 is amended as follows. (2) In section 1(2), at the end of paragraph (b), insert “or(c) intending to destroy or damage any property which is considered life-saving equipment, including life-belts, life jackets and defibrillators.””

[Baroness Chapman of Darlington (Lab)]

My Lords, I rise to move the amendment tabled by my noble friend Lord Ponsonby on life-saving equipment. It deals with a specific issue in relation to criminal damage: the effect of vandalism on safety equipment.

Noble Lords who were present in Committee will have heard my noble and learned friend Lord Falconer of Thoroton speak about the death a young man from Rotherham, Sam Haycock. His parents, Simon and Gaynor Haycock, went to see their MP, Sarah Champion, who moved an amendment in the other place. Sam went swimming in Ulley reservoir in Rotherham in May 2021. He was leaving school that day and was just 16 years old. He was helping a friend who was in trouble in the water. At this reservoir in Rotherham—I believe that this is not unique to it—there was a throw line with a lifebelt attached to it that you can throw into the water to help someone in trouble. The problem was that it was kept in a locked cupboard and, to access it, you need to phone 999 and get a PIN from the police. Obviously, this takes time, and when someone is in distress in the water, you do not have time. The delay in getting the throw line might well, and in this case did, have tragic consequences. It is behind a locked door with a PIN to prevent vandalism of the safety equipment.

In regional media, I have found several similar instances where life-saving equipment has been vandalised. One was at Salford Quays. Manchester Council felt it lacked the ability to prevent and deal with this, so it has taken to using public space protection orders to try to deal with the issue. There was also a case in Uckfield in Sussex where a defibrillator was rendered unusable by vandals. These acts clearly cause costly damage but, most importantly, they also pose a very clear risk to life and can be shown to have cost lives in some instances.

The amendment is very straightforward: it proposes that it is made a specific offence to intend

“to destroy or damage any property which is considered life-saving equipment, including life-belts, life jackets and defibrillators.”

In terms of criminal damage, the value of what is damaged may be relatively minimal in the case of a lifebelt and a throw line, compared to other criminal damage offences. As my noble and learned friend Lord Falconer said in Committee, it would already be an offence to vandalise such equipment, but it matters a great deal that the law should indicate that this is something regarded with particular hostility because of the cost to life, including that of Simon and Gaynor’s precious son, Sam.

[Earl Attlee (Con)]

My Lords, I rise briefly to support the noble Baroness in moving her amendment. This might not be something that we want to send back to the Commons today, but I hope that my noble friend the Minister will tell us what he will do about this problem, because of the effects so ably described by the noble Baroness.

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[Lord Wolfson of Tredegar (Con)]

My Lords, this amendment was debated just a few weeks ago when the Government set out why we believed it was unnecessary, given the scope of the Criminal Damage Act 1971. I will come back in a moment to what the noble Lord, Lord Marks, called a lawyerly point.

However, it is right first to remind ourselves, as the noble Baroness, Lady Chapman, did, of the very real consequences of this sort of behaviour. On the death of Sam Haycock in Ulley reservoir, can one begin to imagine what his parents Simon and Gaynor went through and are, no doubt, continuing to go through? One only has to say it to try to grasp to enormity of that. The noble Lord, Lord Marks, used the word “harrowing”. That is spot on. This relates to the appalling behaviour of the people vandalise equipment, which results in the requirement of having to make a telephone call to get hold of a life ring, defibrillator or whatever life-saving equipment it happens to be.

I turn to the legal position, as I am afraid we have to, given that we are considering an amendment to a Bill. The noble Lord, Lord Marks, is correct. I explained that it is already an offence intentionally or recklessly to damage or destroy property, including life-saving equipment. Section 1(2) of the Criminal Damage Act 1971 makes a specific provision for an aggravated offence of criminal damage where the defendant intends to endanger life or is reckless about such endangerment. To that extent, it goes beyond the scope of the amendment, which relates only to intention and does not include recklessness. As the noble Lord said, that offence already attracts the possibility of life imprisonment.

Of course, I understand that part of the reason why it is proposed to add a specific offence is to put beyond doubt that the law will punish those who damage and destroy vital life-saving equipment, whether they intend to do so or are reckless as to the risk. The concern was raised in Committee that it is not well known that causing damage to life-saving equipment means that Section 1(2) of the Criminal Damage Act 1971 could be in play and therefore carry a potential life sentence. However, if the concern is that that is not well known, I would question whether it would make a real difference if this Bill were amended essentially to repeat that point of law. The ordinary citizen, particularly the people who carry out this appalling behaviour, is still as unlikely to understand or perhaps care about the consequences and penalties associated with the crime. Therefore, I suggest that the ultimate problem here is not a question of a gap in legislation or a lacuna in the criminal law but people knowing what the law is and bringing home to people the likely criminal consequences of their actions.

In response to my noble friend Lord Attlee, as I suggested in Committee, if the law is not enough of a deterrent, we must focus on those responsible for water safety, health and safety, and law enforcement to come together to find out what is not working and identify workable solutions that might include sign- posting more clearly on the equipment the consequences of damaging that equipment. That might be a way forward. However, I share with the noble Baroness, Lady Chapmen, that these are abhorrent acts of criminal damage that should be prosecuted. The sentence must fit the crime. There is a potential maximum sentence of life imprisonment.

The noble Baroness, Lady Jones, put the question: why are the Government making destroying statues a criminal offence if destroying life-saving equipment is not a criminal offence? The problem with that question is that destroying life-saving equipment is a criminal offence. So far as statues are concerned, the next instalment is due on Monday, so I will leave the matter for then.

However, so far as today is concerned, while sharing very much the sympathies behind the amendment, I invite the noble Baroness to withdraw it.

[Baroness Chapman of Darlington (Lab)]

I am grateful to the Minister for what he had to say and I do understand that creating a new offence or separate provision may not have the desired effect of reducing these horrendous instances. It is right that we want to stop that happening and I welcome his comments about working together, perhaps with local authorities and police forces, to do more creative things to try to prevent this. I beg leave to withdraw the amendment.

Amendment 104D withdrawn.

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[Lord Berkeley of Knighton (CB)]

My Lords, I too spoke in Committee, and I have been copied in on the very helpful response from the noble Lord, Lord Wolfson. I felt he was trying to embrace this important subject. To extend the point made by the noble and learned Lord, Lord Hope, a little, one has to understand that when people are in court, it is not just a question of interpretation; quite often, it is case of compassion and being able to communicate with a witness or a defendant. If there is a language barrier, those are the first things that tend to go out of the window.

Just to lower the conversation slightly, I mentioned in Committee an occasion on which the word “cow” was confused with the word “car”—a cow was observed travelling at 90 miles an hour.

I think it would be good to finish my brief contribution to this debate by repeating the explanatory statement of the noble Baroness:

“This amendment would establish minimum standards for qualifications and experience for interpreters in courts and tribunals, along the lines of the Police Approved Interpreters Scheme.”


I find it very hard to see why the Government would not want to embrace that.

[Baroness Chapman of Darlington (Lab)]

Clearly, we agree with everything that has been said. Rather than repeat it all, I will just compliment the noble Baroness, Lady Coussins, on her amendment. We will listen carefully to what the Minister has to say.

[Lord Wolfson of Tredegar (Con)]

My Lords, having begun my response to the previous group with an apology for getting a date wrong, I then went on to get another date wrong. The case of Antia is, for those noble Lords keen to read it, 2020 and not 2000. The rest of the legal analysis, I hope, remains unchanged. I will seek to avoid any reference to dates in what I am about to say.

This amendment would restrict the Ministry of Justice to appointing in our courts and tribunals only interpreters who are registered on the National Register of Public Service Interpreters and who possess a level 6 diploma in public service interpreting or comply with the national register’s rare language status protocols. I place on record at the outset my thanks to the noble Baroness, Lady Coussins, the noble Lords, Lord Pannick and Lord Hogan-Howe, and others for their time engaging with me.

This is a very important issue. The noble Lord, Lord Berkeley of Knighton, noted that it goes to compassion, which is correct. As the noble and learned Lord, Lord Hope of Craighead, said, it also goes to the heart of the justice process. Anyone who has done a case with interpreters knows how important their role is. Indeed, I remember one case where, when the witness answered a question of mine, it was interpreted through a language I knew, and I knew that it had been interpreted wrongly. The judge also picked up that the interpretation was wrong and the witness himself criticised the interpretation, thus illustrating that the presence of the interpreter was unnecessary, and they were dispensed with.

We currently commission the service of interpreters for our courts and tribunals through our contracted service providers, thebigword and Clarion interpreting. The contract has a clearly defined list of qualifications, skills, experience and vetting requirements interpreters must meet, which have been designed to meet the particular needs of the justice system. The highest complexity level has qualification criteria comparable to those set by the NRPSI. They are sourced from the MoJ register, which is audited by an independent language service provider, The Language Shop. All interpreters must have 100 hours of experience and complete a justice system-specific training course before they can join the register.

As the noble Baroness said, the overall failure rate of all quality assurance assessments remains low, at 5%. We believe that illustrates the effectiveness of the auditing measures. Complaints about quality are also carefully monitored and independently assessed by The Language Shop. The complaint rate remains low, at less than 1%.

I am confident that there are no systemic quality issues with the current arrangements. None the less, I discussed this in some detail with the noble Baroness and others and we want to improve the quality of the service we provide, if that is possible, right across the justice system. That is why I am commissioning a full independent review of our existing qualifications and standards and the requirements for each type of assignment our contract covers. There are over 1,000 of these—I do not have a list to hand. This will also consider experience levels and rare language requirements. The review will be completed in time to inform the retendering of our contracts in 2023. It will establish a detailed framework of the standards and qualifications required for all assignments covered by the contracts, with clear explanations and justifications for each. The aim is to ensure that our contracts continue to meet the demands of all our court users.

We will continue to consult external stakeholders, including the NRPSI—its input is highly valued. We will learn from other schemes, including the police-approved interpreter and translation scheme, which adopts a level 6 diploma in public service interpreting as a minimum qualification standard, but with safeguards to allow for exceptions as needed to ensure timeliness in progressing a case.

We understand that there are issues about the availability of NRPSI-registered interpreters in some parts of the country—40% of them are based in London. Under our current arrangements, we can control and direct recruitment for our register based on geographical and language needs. This is tied in to the supplier’s obligation to fulfil bookings and ensures that we can dictate recruitment trends to meet our requirements.

I cannot say at this stage whether the police-approved interpreter and translation scheme would be suitable for the Ministry of Justice. We are concerned not to have a one-size-fits-all approach; even within a court setting, interpreting in a criminal court is quite different from interpreting, for example, in the family jurisdiction. It is not only court settings; there is telephone interpreting for court custody officers, and service centres require interpreting assistance to support court users paying fines or responding to general inquiries. However, we will look at the outcome of the review. All the options we consider will need to be fully costed in accordance with government policy for large government procurements to ensure value for money for the taxpayer.

The review will be undertaken. We have already started some work; we want to establish the most appropriate and cost-effective solution, one which meets the current and future needs of the justice system and promotes the continued development and progression of new entrants into the interpreting profession. With renewed thanks to the noble Baroness for her time and the discussions we have had, including on the option of a full independent review, which I hope I have set out clearly, I respectfully urge her to withdraw the amendment.

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[Lord Marks of Henley-on-Thames (LD)]

My Lords, we welcome the Government’s decision to accept the force of the amendment pursued by the noble Baroness, Lady Hayman, and supported by the noble Lord, Lord Pannick, to outlaw this unpleasant practice and introduce this amendment.

Over recent years, we have achieved considerable progress in the area of taking, procuring or disclosing what I would generically call voyeuristic images. Revenge porn was outlawed under the Criminal Justice and Courts Act 2015, and this was finally extended to threats to disclose intimate images in the Domestic Abuse Act last year. The unpleasant practice of upskirting was outlawed by the Voyeurism (Offences) Act in 2019.

Recording images of breastfeeding mothers is another example of voyeurism. It is easy to forget, certainly when the practice is made light of, that this is demeaning, embarrassing and humiliating for a breastfeeding mother. It is also frightening, because the mother is in a uniquely vulnerable position. A mother who is breastfeeding, if she is being photographed, is left in the entirely invidious position that she can either stop, in which case she has to close or adjust her clothing, giving more subjects to the photographer and depriving her infant of food, or go on and continue the agony of being photographed. That is a horrible position for a mother to be in.

We agree that this is a serious issue. These amendments are directed at an arrogant and frankly misogynistic practice. It is right to criminalise it for the protection of the women affected and we fully support the two amendments.

[Baroness Chapman of Darlington (Lab)]

We wholeheartedly welcome this, and we welcome how the Minister can laugh at himself and bring good humour to this. I think it is okay to have a sense of humour about this issue; what matters is that we are finally dealing with it. This really is important. Encouragingly, breastfeeding rates are improving in this country; over 80% of women start to breastfeed their baby when they are born, but the rates fall quite dramatically, with around 25% continuing at six weeks. There are lots of reasons for that, but one of them is about feeling uncomfortable breastfeeding in public. We should be doing everything we can to normalise breastfeeding and make breastfeeding mothers feel welcome and supported, wherever and however they choose to feed their babies.

There are two amendments in this grouping: one is the government amendment, which we completely support, and there is also the issue about needing to show intent for sexual gratification or humiliation. It was thoughtful of the Government to include that word, and I just want assurance that the perception of humiliation that ought to matter is that of the woman breastfeeding and being photographed. That ought to be sufficient to prove that there was an intent to humiliate. I would welcome some clarification from the Minister on that point.

We warmly welcome this measure. Breastfeeding women will be very pleased that the Government have come to a place where they see things in the way that they do.

[Lord Wolfson of Tredegar (Con)]

My Lords, I am very grateful for the warm words from across the House and for the support this amendment has received. I will pick up a couple of the points made. First, I respectfully agree with the noble Baroness, Lady Chapman, that we want to normalise and support—to use her verbs—women who are breastfeeding; that is very important. It is a matter for my department in this legislation and for other government departments in other areas. That is certainly our aim.

I will try to answer the question put by my noble friend Lord Blencathra. This amendment is modelled on the upskirting offence in the Voyeurism (Offences) Act 2019. We want—without getting myself on “Have I Got News for You” for a second time—to avoid capturing people within the offence who ought not to be captured. Let me try to give a different example. The point made by my noble friend was about forgetting intention and purpose. The problem there, for example, could be that if you were running CCTV in a children’s play area and a mother was breastfeeding, you would be taking images of her; you would not have her consent, nor any reasonable basis to think that she was consenting to being filmed. Therefore, you could be committing a criminal offence. That is why here, just like the upskirting offence, there has to be a purpose of sexual gratification or humiliating, alarming or distressing the person photographed.

The noble Baroness asked me about “humiliating”. I again thank her for spotting that word, which comes from the other Act. It is a really important word. I will put it this way: the fact that the person subjectively feels humiliated does not necessarily mean that it is done for the purpose of humiliation. There is not a one-for-one correlation. However, any court will have to ask the question: was this for the purpose of humiliation? That is a question for the court to decide. You look at the circumstances objectively. The fact that the person feels very humiliated is a very important part of answering that question. But I cannot go so far as to say that the subjective feeling of humiliation necessarily answers the legal question. I hope that has answered the noble Baroness’s question. This is an issue that arises in other areas of criminal law as well. Without delaying the House, I hope that that is a sufficient answer for this evening. I am very happy to engage with the noble Baroness further on this.

[Baroness Chapman of Darlington (Lab)]

I appreciate that and understand what the Minister is saying. Is he saying that, if it could be reasonably expected that a breastfeeding woman would feel humiliated in the particular circumstances, that would be interpreted as humiliation? On the point about the CCTV, I think most breastfeeding women would not feel humiliated in that circumstance.

[Lord Wolfson of Tredegar (Con)]

The question which has to be asked is: was this done for the purpose of humiliating the woman breastfeeding? To answer that you would look at all the relevant circumstances. I would suspect that, rather like the upskirting offence, in the vast majority of cases the question almost answers itself, given our experience from upskirting.

In this area, as in all areas, if, once the offence has gone into the law, it turns out that there is a problem in prosecuting—for this reason or any other—we will keep it under review, because our intention is to stop the conduct, to make it criminal and thereby punish people who engage in it—but, I hope, to stop it. If there are problems, we will keep it under review, and I am very happy to continue the conversation on that. I will draw my remarks to a close and invite the House to support the amendment.