Assaults on Emergency Workers (Offences) Bill

Baroness Donaghy Excerpts

2nd reading (Hansard): House of Lords
Friday 29th June 2018 Lords Chamber

Moved by

[Baroness Donaghy]

That the Bill be now read a second time.

[Baroness Donaghy (Lab)]

My Lords, it is my privilege to move the Second Reading of the Assaults on Emergency Workers (Offences) Bill. The Bill had a successful passage through the Commons and I pay tribute to all those MPs who participated in the debates. In particular, I thank Chris Bryant MP, who sponsored the Bill, and Holly Lynch MP, who had previously tried to put through a 10-minute rule Bill on the same subject. They have done a considerable amount of work and it has been subject to considerable scrutiny in the Commons.

The Bill would create a new aggravated offence of assaulting an emergency worker. Noble Lords will not be surprised to hear that as a former president of the TUC and chair of ACAS, I think that no worker should be attacked in the course of their duties. Any increase in violence and sexual assault against staff is unacceptable. However, emergency workers—police, firefighters, doctors, nurses and paramedics, prison officers or people assisting these professions in the execution of their duties—put themselves on the line to protect the public. Members in both Houses spend a considerable amount of time praising the bravery of emergency services in some of the most appalling tragedies. This is our chance to help protect the protectors and help stem the tide of the alarming increases in assaults on emergency workers.

The Labour Party made a manifesto commitment in 2017 to make it an aggravated criminal offence to attack NHS staff. The Bill will help fulfil this objective. I am also grateful to the Government for allowing time for this debate and for making clear their support for the Bill. On a personal level, I was president of NALGO, one of the forerunners of UNISON, which has recently published a report on assaults in the health service.

Turning to the contents of the Bill, Clause 1 would create a new triable offence of assault or battery committed against an emergency worker either,

“acting in the exercise of functions as such a worker”,

or where they were not at work but,

“carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker”.

The offence would be punishable by up to six months and/or a fine in a magistrates’ court and up to 12 months in a Crown Court. I will say a little more about sentencing later.

Clause 2 would create a statutory aggravating factor which would increase the seriousness of the offence, including certain offences under the Offences against the Person Act 1861; an offence committed under Section 3 of the Sexual Offences Act 2003; certain common-law offences, including manslaughter and kidnapping; and ancillary offences relating to the ones already mentioned.

Clause 3 defines an emergency worker and Clause 4 relates to general matters, including that the Bill extends to England and Wales. I am grateful to the Welsh Assembly for bringing forward the legislative consent Motion in a timely manner.

I should make clear what the Bill is not about. It is not intended to cover the impact of public expenditure cuts or the accuracy of current statistics and the need to take steps to ensure their accuracy. It is not about overall sentencing policy in the courts. It is not intended to take away any responsibilities from employers for ensuring the safety of their employees and the need for adequate training to deal with the challenging circumstances in which emergency workers undertake their duties. It is also not my intention to comment on recent ministerial statements on sentencing. However, in Clause 1, there is a reference to magistrates being able to sentence up to six months and up to 12 months when Section 154(1) of the Criminal Justice Act 2003 comes into force. If noble Lords note the age of this Act, it becomes clear that three, if not four, Governments have been and gone without this section being enacted. So my question to the Minister is: bearing in mind that this would make a considerable difference to the Bill, will this section be enacted by the present Administration?

The Bill is supported by all the trade unions representing emergency workers. I thank them for their briefings and for the presence of members of the Police Federation in the Gallery today. Research by the Health Service Journal and UNISON has found an absolute increase of 9.7% in violent attacks on NHS hospital staff between 2015-16 and 2016-17. Some 75% of trusts responded to a request for information and the total number of physical assaults on NHS staff was 56,435. An RCN report revealed 70,555 assaults on healthcare workers in 2015-16. Home Office figures report 24,000 assaults on police officers across all forces, whereas Police Federation statistics point to an assault every four minutes. There are at least 20 assaults a day on prison staff. In West Yorkshire alone there were 95 attacks on operational fire crews last year—a 50% increase compared to the previous year. These figures will not be completely accurate but one thing we can be sure of is that they underestimate the true figures.

As if the thousands of attacks, and the fact that they are on the increase, are not horrifying enough, there is also a serious problem of underreporting. Some emergency workers do not believe anything will be done about an attack and, even if they do report an incident, the chances are that the perpetrator will receive a suspended sentence. This leads to a lack of faith in the criminal justice system to deliver proportionate sentencing and to cynicism against the employer. I saw a parallel in the construction industry when I conducted a report into construction fatalities. There is serious underreporting of comparatively minor injuries, leading to insufficient preparation against major injuries and fatalities. Reading about the experiences of some emergency workers is harrowing and in many cases the experience has led to post-traumatic stress and life-changing symptoms. Because of the sheer number, I do not wish to pick out individual cases, except to thank a paramedic, Sarah Kelly, who was sexually assaulted in an ambulance and had the courage to report the issue and be willing to take part in public campaigns.

In conclusion, I am from a generation which struggles to accept how the people who are looking after us should be under such concerted attack. We must act. I really hope that the Bill will be on the statute book by the end of the year. I look forward to the debate and to the Minister’s reply. I beg to move.

--- Later in debate ---

[Baroness Donaghy]

My Lords, I thank all noble Lords who have taken part in this debate and take the opportunity to thank all our emergency services for the work that they do.

It is clear from the wide-ranging discussions that we could have separate debates in this Chamber on issues such as employers’ duties of care, prevention and support, sentencing policy, prison population and alternatives to prison, the effectiveness of our legislation, where most of it lies on the table not enacted, mental health services and the state of our society in tolerating violence. However, the Bill is about a small, focused and specific part of the subject and it is a Bill as opposed to a general debate. I therefore deliberately focused on the issues in the Bill.

I am grateful to the Minister for her responses, including clarifying the issues raised by the noble Baroness, Lady Jolly, about volunteers. I understand and agree with some of the reservations expressed about whether the Bill is symbolic rather than making a difference; whether it will reinforce impunity; and whether in the scheme of all the other problems about prison sentencing it will make a difference. I understand those reservations.

However, sometimes the moment has to be grasped—not only in responding to public opinion but to the impetus in this House and the other House that we will not accept any more violence against emergency workers—and that time has come.

It is a responsibility of government to pursue a multitrack approach on all of the issues raised in the debate. The Bill is not an attempt to make that multitrack approach, nor is it its responsibility to do so, and I hope noble Lords will respect its limitations. I hope it is much more than symbolic and I ask the House to give the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.

Assaults on Emergency Workers (Offences) Bill

Baroness Donaghy Excerpts

Order of Commitment discharged (Hansard): House of Lords
Monday 16th July 2018 Lords Chamber

Moved by

[Baroness Donaghy]

[Baroness Donaghy (Lab)]

My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

Motion agreed.