Oral Answers to Questions

Barry Sheerman Excerpts

Monday 21st January 2019 Commons Chamber

[Caroline Nokes]

Picking up on the final part of my right hon. Friend’s question, last summer we launched the employer toolkit to enable employers best to communicate to their employees the settled status scheme. She is right to point out the concerns that many may have about the event of no deal. I would like to reassure her that across Government we are working incredibly hard to avoid a no-deal outcome. However, the Department for Exiting the European Union was very clear about the protections afforded to EU citizens in the event of no deal, and we believe that our offer to them is generous. Deal or no deal, the scheme will open publicly at the end of March, and it is crucial that as many citizens as possible apply.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister knows that this is an increasingly complex area. I have had many letters from constituents concerned that they will be impacted by the immigration health surcharge. Who is going to have to pay this, and is it going to be increased along the lines foreshadowed in the press?

[Caroline Nokes]

The hon. Gentleman will know that we did increase the immigration health surcharge. That was an important manifesto commitment that the Conservative party made to make sure that those who are using NHS services are also contributing to the NHS. The settled status scheme has deliberately been designed to be simple, not complicated. It is really important that EU citizens only have to prove their identity, prove their residence, and confirm that they do not have criminality. In the second phase of private beta testing, it has been very plain that the vast majority of people going through the scheme—in the region of 80% or so, I believe—have been able to confirm their residence of five years without any reference to additional information other than their records with Her Majesty’s Revenue and Customs or their DWP records.

European Union (Withdrawal) Act

Barry Sheerman Excerpts

Wednesday 5th December 2018 Commons Chamber

[Sajid Javid]

I would say gently to the hon. Gentleman that of course when we have left the EU we will not be participating as direct members in those kinds of foreign security tools. We will have our own independent foreign and defence policy, and we will have the ability, if we choose, to align ourselves with the EU. He should also remember, and it is worth recalling in this House, that our security is underpinned across Europe by our membership of NATO, not membership of the European Union. Ultimately, I believe that this deal strikes the right balance on security, and we will keep Britain one of the safest countries in the world.

I turn now to the consequences for security of no deal. An unco-operative no deal would have an impact on protecting the public. There will be no implementation period smoothing our transition into these new arrangements. The UK would have to stop using EU security tools and data platforms from March next year. There will be unhelpful implications for our law enforcement agencies and border guards. There would be disruption and they would have less information available to do their jobs, including identifying and arresting people who could threaten the security of some of our citizens. They would have fewer options for pursuing criminals across borders as we would lose the ability to pool our efforts through Europol and Eurojust. It would take longer to track, arrest and bring to justice those who commit crimes internationally. I have established and I chair a weekly Cobra-style planning meeting within the Home Office to plan for this eventuality properly in case it comes about. But no matter how effectively we prepare for no deal, setting aside the capabilities we have developed with our EU partners will of course have some consequences.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I have been listening to the Home Secretary very intently. He has not really given me the assurance I want on Europol. Can I give him a last chance just to mention Galileo?

[Sajid Javid]

The hon. Gentleman says that he has been listening very carefully. I doubt that, because I think I have given him and hon. Members an assurance about the security implications of this deal, and what the security situation may look like if there is no deal. It is clear to me: we are lucky to live in one of the safest countries in the world, and with this deal, we will continue to be one of the safest countries. Of course, even if there is no deal, there are some mitigants. There is no perfect mitigant. We will lose certain tools that certainly would have been helpful from a security perspective. But whatever happens, Britain will continue to be one of the safest countries in the world.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 3rd December 2018 Commons Chamber

[Sajid Javid]

I recently made a statement to this House where I accepted much of what was in the Shaw review, including alternatives to detention, particularly detention of women. We are looking at piloting different approaches. We are in discussions at the moment, but we will be setting out more shortly to the House.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Is it not time that the Home Secretary showed some leadership and that he joined the Secretary of State for Housing, Communities and Local Government in his endeavours—the two Ministers working together to show the innovation, skills and creativity that immigrants bring to this country? Would not the Mayflower’s 400th anniversary celebration in 2020 be a wonderful hook to hang that on—celebrating what immigrants bring to this country?

[Sajid Javid]

I very much agree with hon. Gentleman’s sentiments about the importance of immigration. We are a much stronger country because of immigration and immigrants have contributed to every part of British life—not just our economy, but our families and communities. We should always be looking for opportunities to celebrate just that.

Stalking Protection Bill

Barry Sheerman Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Alex Chalk]

That is precisely it. The weight of that experience means that something that might be perceived to be innocuous in isolation becomes a deeply upsetting episode. I shall deal with that in a little more detail in due course.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The hon. Gentleman might not know this, but I always sit in front of the memorial to my parliamentary neighbour Jo Cox. As the whole House knows, she was a victim of a type of stalking. I served on the anti-stalking commission, and that really opened my eyes to the misery of victims and the fact that very often they do not complain because they are terrified to do so.

[Alex Chalk]

That is absolutely right, and the hon. Gentleman will know that the rise of digital means of stalking has magnified the problem over the past decade or so. It used to be that the stalking might consist of the person turning up at someone’s home address and then doing that threatening but apparently innocuous act of driving past. Of course, people can now stalk others using multiple fake identities. I heard about an appalling case in which somebody had generated the identity of the victim’s dead partner—you could not make it up. They were seeking to harass, intimidate and upset that individual.

When I was working on this issue with my hon. Friend the Member for Gloucester (Richard Graham), it became clear to us that although society and this place had started to react to the issue by generating the offence of stalking, the penalties that existed for it were manifestly inadequate. The penalty at the time of only five years’ imprisonment was less than the maximum penalty for the theft of a Mars bar, which is seven years, and less than the maximum penalty for non-residential burglary—lock-up burglaries and so on—which is 10 years or so, yet stalking can genuinely ruin people’s lives. The sentence was insufficient.

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[Kevin Foster]

I must say that it makes a pleasant change to be called to speak so early in the debate, because usually I have the joy of almost having to sum up, particularly on a Friday. It is a pleasure to speak to the amendments tabled by my constituency neighbour, my hon. Friend the Member for Totnes (Dr Wollaston). It was a joy to serve on the Public Bill Committee for this important legislation, which will provide protection for many victims of stalking.

This debate is timely, given the experiences of Devon and Cornwall’s police and crime commissioner, who we have learnt has been a victim of domestic violence and stalking offences. Of course, the Bill relates more to victims who have not been in a relationship with the perpetrator, but it is very welcome that she has spoken out, and hopefully her experience will inspire other victims of stalking to realise that they need not stay silent.

Turning to amendment 1, I think that it makes eminent sense to be clear that the Bill applies to virtually every police force operating in England and Wales, and not just to the geographical police forces. The inclusion of the British Transport Police makes sense, given the obvious potential for stalking offences on public transport. For example, a stalker could follow their victim on to the train they take to work each day. Trains coming into London can be particularly crowded, and the four minutes to 4 train from Exeter to Paignton can be exceptionally crowded. That could give stalkers an opportunity to be in close physical contact with their victim. Normally that is just considered part of commuting. We have all experienced the joy of taking the tube at about 20 minutes to 9 in the morning, when the trains are packed. It is a chance to get very close to our fellow passengers, although not by choice. The inclusion of the British Transport Police is therefore welcome.

I should be clear that I support the amendments. I note that amendment 6 lists the police forces involved. That brings me to a query about whether the Civil Nuclear Constabulary ought to be included—the Minister might like to reflect on this—considering that these provisions could apply in instances where there has not been an intimate relationship. For example, someone working at a nuclear establishment could be stalked purely on the basis of their views on nuclear power generation. The same could be true for those who protect sites such as Sellafield. Or would that be an encumbrance in the legislation? That is more of a query, rather than something I think should necessarily be amended immediately.

I note that the Ministry of Defence police are included. I should explain, for the benefit of those following our proceedings—I always think that it is important to help people understand this point—that they are different from the military police or the naval provosts, who enforce military law against service personnel. The Ministry of Defence police are very visible in Plymouth, where I grew up, because of their role in enforcing the law at Her Majesty’s naval base Devonport and the submarine refit complex. They are police officers who work with the military; they are not the military police. It is important to be clear about their role.

The Civil Nuclear Constabulary operates as a fully armed constabulary, given the nature of its officers’ work and the sites they protect, and particularly given the threat of terrorism. Again, should they be included in the Bill? I see the Minister dutifully noting down these queries, so I am sure that we will have a full response when the time comes. We should consider whether these would be useful additions, as my hon. Friend the Member for Totnes touched on when I intervened earlier. Of course, although we in this House will complete our consideration of the Bill today, it is still to go through the other place, where this matter might be considered further.

It makes eminent sense to tidy up provisions for when someone might need to give notification and how they are to do so. The Bill needs to be robust and we must not create any loopholes, as my hon. Friend the Member for Cheltenham (Alex Chalk) explained in his excellent speech, because many of those engaging in this kind of behaviour not only ruthlessly work out how to intimidate their victims and gain power over them, but research the law in an effort to stay just this side of committing a criminal offence. My hon. Friend described the impact on his constituents, which was welcome, because this is not some dry debate about legal orders that prevent people from doing something; it is about real victims.

[Mr Sheerman]

Do we not sometimes lose sight of the overall context? In this country today, deep into the 21st century, we have a tremendous problem with violence against women. There is not just stalking; there are gangs up and down our country—gangs of men of Pakistani origin prey on young girls and even children—and domestic violence. There is a real problem in our country with violence of all kinds against women. This Bill is part of the fight to roll that back.

[Kevin Foster]

I thank the hon. Gentleman for that intervention. He is right to highlight that there is a real issue. It is not just physical violence; it can be verbal violence. It is about someone trying to gain power over someone and have them under their control, whether through direct violence, intimidation or other actions, such as constant emailing or the sending of cards, as we have heard. My hon. Friend the Member for Cheltenham made the point that sending a Christmas card might seem innocuous, but it must be seen in the context of the overall behaviour. It can be about the perpetrator being constantly in the victim’s life.

The hon. Gentleman mentioned violence against women. I am a supporter of the white ribbon campaign in my constituency, and I hope he is doing the same—I am sure he is—in his own constituency. This is about men standing up and saying that other men’s violence against women is unacceptable. I have a close relative who experienced a violent relationship for a significant period. She was physically abused—in one case, she was hospitalised by the attack launched against her—but what sticks is the constant name calling and running down. One of the points she used to make was that if someone who did not know them had observed what was going on and then asked what her name was, they would have been given not her name but two swear words put together. I do not need to repeat such language in the Chamber; Members can work out for themselves what sort of language I am referring to. She felt that that was how she would be known.

There was constant denigration and running down, and then when trying to move away from the relationship, there were constant phone calls and texts. Bluntly, it was only when BT’s choose to refuse service became available that a lot of that could finally be brought to an end through blocking the numbers. I wonder whether, if something like the Bill had been available, it might have helped to build confidence in tackling those situations.

It is right that we have clear penalties. We have been clear that this is an additional way of protecting potential victims of stalking, not about replacing existing legislation. For me, this is not just about those who have been in relationships. As I touched on in my comments about the Civil Nuclear Constabulary, such actions may in effect be stalking but are due to other reasons, such as political reasons.

Yesterday, along with my hon. Friend the Member for Witney (Robert Courts) and the hon. Members for Cardiff North (Anna McMorrin) and the hon. Member for Dudley North (Ian Austin), I had a very interesting visit to the Community Security Trust, which works with the Jewish community, and heard about the experiences of some of the people there. The reason for someone in effect stalking or harassing in such cases is based on their faith. Again, it would be interesting to hear what the Minister thinks about someone engaging in the completely unacceptable behaviour of targeting people for that reason, but doing so in a way that looks very much like stalking. She is an eminent lawyer in her own right—a learned Member—and I am sure she will outline how some of these powers might be of assistance.

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[Chris Philp]

I strongly agree with the hon. Lady’s comments. The House of Commons is at its best when we come together and find cross-party consensus on these issues. This is often evident only on a Friday when private Members’ Bills such as this are being debated. Perhaps it would be better if we could find similar common ground on other days of the week. Who knows, maybe we will do so in due course.

My hon. Friend’s Bill fills a lacuna in the current legislative framework. My hon. Friend the Member for Cheltenham (Alex Chalk) laid this out with his characteristic forensic attention to detail during his speech on Report a short while ago. He made it clear, very powerfully, that the tools available are not adequate to deal with this particular category of emerging stalking that we are addressing today. For example, the measure of taking out an injunction in the civil court is extremely complicated and expensive, so it is unreasonable to expect a victim of stalking to have to take out their own injunction in the county court or the High Court. Restraining orders generally follow conviction, or at the very least they follow court proceedings, so that occurs only when the problem has become so serious that the threshold of criminality has clearly been crossed and, generally speaking, adjudicated on by a criminal court. Bail conditions only follow arrest. So the measures of restraining orders and bail conditions cannot be used at an early stage in the pattern of offending. That is why the measure that we are debating today is so welcome; it gives victims protection at a very early stage in the process of the offending behaviour.

In the consultation that the Government ran on this legislation, 69% of respondents felt that the current legislative arrangements were inadequate and that something more was required. There is no question but that these stalking protection orders will fill the gap identified by those respondents. The gap is powerfully illustrated by a conviction that was handed down yesterday by the Crown Court in Hove in Sussex. The defendant who was convicted was in fact a resident of my borough, Croydon, and unusually it was a female defendant. Most defendants in these cases are male. This defendant, Lina Tantash, aged 44, is a resident of Croydon and she was jailed yesterday for four years for stalking offences that had carried on over a period of 10 years. The conviction applied to three of those years. She had persistently harassed and stalked the victim by turning up unexpectedly at his place of work—even turning up at his office Christmas party—by making thousands of phone calls and by offering money to his colleagues to provide his personal mobile phone number. Eventually, the victim had to leave the country.

This was a serious pattern of behaviour that took place over many years. When the sentence was handed down yesterday, it was accompanied by a restraining order to prevent any repeat of the offence, but by then it was far too late. Had this legislation been in place some years ago, it would have been open to the victim to go to the police and ask them to seek a stalking protection order. That would have prevented the offending from getting to that serious stage and it would probably have prevented the need for a criminal conviction. It would have protected the victim, but in a sense it would also have protected the perpetrator, because they would never have reached the point of facing a four-year prison sentence. This legislation would have benefited both the victim and the stalker, because it would have prevented the stalker from ending up with a criminal conviction. One of the most powerful elements of this proposal is that it can prevent the offending from escalating in a way that is damaging to everyone.

[Mr Sheerman]

I have listened attentively to what the hon. Gentleman has said about that specific case. I served on the original stalking commission. Stalking is wrong, and it is women who are affected in a huge proportion of cases. Does he not think that this country should have some sort of universal Bill of Rights for women to be free of violence? We need to guarantee that women can be free from the fear of violence, whatever their ethnicity and whatever part of the country they come from.

[Chris Philp]

The hon. Gentleman is quite right to point out that the vast majority of victims of these terrible crimes are women. He is also right say that we should ensure that women from all backgrounds are protected. He made reference to a Bill of Rights that was gender-specific, but I believe that rights are universal and that they should be enjoyed by people regardless of their gender or race. However, his objective—that women should be completely protected—is one that I wholeheartedly agree with.

[Mr Sheerman]

I made a speech in Westminster Hall in 2009 about what I knew to be going on in the gangs working across our cities who were preying on women and on children in care. At that time, the police were saying to me, “Well, guv, it’s difficult. It’s expensive. And in their culture, certain things are acceptable.” No violence against women is acceptable in my book.

[Chris Philp]

The hon. Gentleman is absolutely right. There can be no excuses, based on cultural background or anything else, for the mistreatment of women in any way, whether that is stalking, forced marriage or female genital mutilation. All those things, and others, are abhorrent. No woman of any age or of any ethnic background should experience them, and categorically cultural background is no excuse; it does not make it okay.

[Chris Philp]

Members on both sides of the House— and I hear agreement coming from the Government Front Bench—should all make it clear that it is totally unacceptable. There can be no excuses, and there can be no tolerance for these kinds of offences on any grounds at all. I am at one with the sentiments of the hon. Member for Huddersfield (Mr Sheerman).

The hon. Gentleman also mentioned the prevalence of these offences. Indeed, there were 1,000 reported cases of stalking in London in 2017, and there may, of course, be many more that were not reported. There were a further 12,000 cases of harassment. This clearly is a wide-scale problem, and the police need to focus on it.

I am pleased to hear that the Metropolitan police—I am a London MP, so I pay particular attention to the Met—have recently set up a stalking unit, but that unit has only eight officers. Clearly, if there are 1,000 stalking offences being reported, eight officers strikes me as quite a small number. I encourage the Metropolitan police to consider increasing the size of its stalking unit, bearing in mind the scale of the problem.

This is an excellent and welcome Bill. Its provisions should in no way deter the police or the Crown Prosecution Service from pursuing prosecutions where they find evidence of criminal behaviour. This does not replace criminal sanctions; it is an additional tool that should be used at a very early stage in the pattern of behaviour.

Clause 12 provides for the Secretary of State to issue guidelines suggesting to the police how and when these powers might be exercised. It is important that the police are proactive in this area and that, when a victim comes to the police, they respond energetically and proactively. Those guidelines are important to making sure that police forces across the country actually use these powers. This worries me sometimes. We pass legislation in this Chamber on all kinds of topics, but legislation is impotent and ineffective unless it is used and implemented by the public bodies it empowers. In this example, it is critical that the police actually use this legislation when they are approached by victims, and the House should keep a close eye on it to make sure that, once this legislation becomes active, it is used by police forces across the country.

[Mr Sheerman]

A chief constable told a group of us only two weeks ago that the Crown Prosecution Service is very restricted in resources at the moment in taking cases forward. That was the police saying, “We can’t get the action because the CPS is in that position.” The budgetary concerns are broader than just the police.

[Chris Philp]

I thank the hon. Gentleman for putting that concern on record. As we go through the comprehensive spending review next year, laying out departmental spending limits for the four or five years to come, it will be a good opportunity for Members on both sides of the House to make submissions to the Treasury on such issues to make sure that the resources are in place to enable the CPS and the police to prosecute people, as appropriate.

My last observation, in passing, is that I notice there is no formal definition of stalking in the Bill or in the interpretations at the end. When stalking is referred to, it is with a lower-case s. Stalking does not seem to be formally defined. I consulted my hon. Friend the Member for Cheltenham, who drew my attention to the Protection from Harassment Act 1997, which lists some examples of stalking behaviour, but again it does not provide a precise definition. I wonder whether at some point, in future legislation, it might be worth our creating a more formal definition of what constitutes stalking to help police forces and the CPS in their work.

This is an excellent Bill and, again, I congratulate my hon. Friend the Member for Totnes on her fantastic work, her legislative dexterity and her perseverance in getting this Bill to Third Reading. The Bill fills an important gap in our current legislative framework. I am delighted to give it my enthusiastic and vocal support and, if necessary, to support it in the Lobby.

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[Nigel Huddleston]

Yes, but the more willingness to report there is, the better.

[Mr Sheerman]

Three or four years ago, the stalking commission looked at this issue. Anonymity and social media are very much at the heart of this, as there is this wicked ability for people to insinuate themselves into someone else’s life anonymously through social media. The people who run social media have a lot to answer for.

[Nigel Huddleston]

The hon. Gentleman is making a valid point, and I certainly hope that the online harms White Paper, which will be coming out before the end of winter, will address some of these issues, too. I understand that the White Paper is being produced jointly by the Department for Digital, Culture, Media and Sport and the Home Office, and I am sure this will be much debated again. The social media companies have a lot of power and a lot of responsibilities, but they have to take those responsibilities seriously.

I spoke earlier about the dangers of stranger stalking and I will not repeat those comments now. I just want to say in conclusion that this Bill sends a clear message that stalking is a crime that the Government take seriously and that all of us in Parliament take seriously. It has a devastating impact on people’s lives, and I fully support all the measures in the Bill.

[Victoria Atkins]

I, too, congratulate my hon. Friend the Member for Totnes (Dr Wollaston) on successfully steering this important Bill through the House. May I also take this moment to pay tribute to my hon. Friends the Members for Cheltenham (Alex Chalk) and for Gloucester (Richard Graham), both of whom have done so much work over the past few years to ensure that those who are convicted of the terrible offence of stalking meet the justice they deserve? My thanks also go to Conservative colleagues, and to colleagues from across the House, many of whom speak to me quietly behind the scenes about cases that concern them and that their constituents have suffered. Those Members know who they are, and I thank each and every one of them for their help.

Stalking is a terrible crime that still affects literally millions of people and often makes their lives a misery. The title of last year’s inspection report, “Living in fear”, sums up well what it feels to be as a victim of stalking. I am proud of the actions that this Government and their predecessors have taken to reduce that fear, from the original Protection from Harassment Act 1997—we heard from the hon. Member for Huddersfield (Mr Sheerman) about the role he played in that—to introducing the specific stalking offences in 2012 and the funding we have given to the excellent national stalking helpline.

At this point, may I just thank my hon. Friend the Member for Walsall North (Eddie Hughes) for his speech, which was public service broadcasting at its best? He made the important point that there is help available, albeit we sometimes need to search for it, and that is something that I have very much taken away with me. That helpline has helped almost 14,000 callers since 2010, as the shadow Minister said, and 94% of those callers say that they feel better about their situation immediately after making contact with that helpline. There is clearly a need, and the helpline is playing a huge role in helping victims.

Other projects are going on across the country to deliver innovative solutions to tackle this terrible crime. The Metropolitan Police Service, in partnership with the Suzy Lamplugh Trust, has received more than £4 million from the police transformation fund for a multi-agency stalking interventions programme to share best practice and learning on developing interventions to tackle stalking. Northumbria has received more than £600,000 under the violence against women and girls service transformation fund for the Northumbria Building Capability project, which includes a specific project on cyber-stalking. Several projects to tackle stalking are funded through the tampon tax fund, including the Suzy Lamplugh Trust, which has received money to scale up its casework support service for women who are being stalked. My hon. Friend the Member for Walsall North mentioned Black Country Women’s Aid, which has received more than £200,000 to pilot the first specialist support service for victims of stalking across the Black country area and to conduct research on stalking.

[Mr Sheerman]

The hon. Member for Walsall North (Eddie Hughes), with whom I work on other campaigns, made a brilliant public service broadcast, but one thing he missed out was saying that when people are in trouble with stalking, MPs can help. MPs and our staff are very skilled at helping—we know about stuff—so please let us not underrate the job that MPs can do.

[Victoria Atkins]

I very much agree. Cross-party co-operation really can and must happen on such issues. The hon. Gentleman is absolutely right to say that Members of Parliament can do a great deal to help, and I thank him for his work on this topic.

A project called YOU Trust is another example of work to help to tackle stalking specifically. It provides a victim support service to women who experience stalking, risk assessing all cases and delivering solutions appropriate to that risk. We are working closely with the police, the Crown Prosecution Service and other partners to raise awareness of stalking and to ensure that appropriate guidance and training are in place. Colleagues have been right to express concerns about the initial response of some police forces—although not all, by any means. It is right that we focus on the training offered to the police and ensure that their conduct is examined in inspections. That is why the findings of last year’s joint inspection report are so important. They are being addressed through a national oversight group chaired by my right hon. Friend the Home Secretary, and the action includes revising the legal guidance on stalking and harassment and delivering updated mandatory training for prosecutors. [Interruption.] Sorry—would somebody like to intervene?

[Mr Sheerman]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I do not think there was an intervention.

[Mr Sheerman]

May I apologise to the Minister? A very good friend and colleague, my hon. Friend the Member for Cardiff West (Kevin Brennan), was just passing and said, “You’re the first man to wear a roll-neck sweater in the Chamber.” It was a terrible diversion from the Minister’s good speech.

[Victoria Atkins]

I do not know quite how to respond to that, so I shall move on quickly.

The 2017-18 performance data indicated that joint police and CPS work to take forward more prosecutions for stalking rather than harassment, when that is the right course, had a positive impact. I listened carefully to the observations of my hon. Friend the Member for Croydon South (Chris Philp), who quite rightly made the point that stalking protection orders are in addition to the ability to prosecute, not instead of it. He asked about putting a definition of stalking into the Bill or the underlying 1997 Act. As he rightly said, there is a checklist of behaviours in that Act, but we are conscious that types of stalking behaviour can change. Indeed, in 1997, when that Act was passed, cyber-stalking was unheard of—it simply did not happen. Sadly, time has shown that nowadays it can and does happen. I hope that the list of examples helps not only my hon. Friend but practitioners on the ground to understand what can fall into the category of stalking behaviour.

I acknowledge the observations of my hon. Friends the Members for Ochil and South Perthshire (Luke Graham) and for Torbay (Kevin Foster), who both referred to the breadth of practices in stalking behaviour. Indeed, my hon. Friend the Member for Torbay mentioned specifically conduct against people’s political and religious beliefs, which was of course a very valid point.

At this point, may I also thank the hon. Member for Liverpool, Wavertree (Luciana Berger), who is no longer in the Chamber? I look forward to joining her on Monday in this place for a day of commemoration and solidarity against those who continue to behave disgracefully towards Jewish people and to give support to the Jewish community.

Modern-day Slavery

Barry Sheerman Excerpts

Tuesday 9th October 2018 Westminster Hall

[Gareth Snell]

It is true that where we are today is the result of a collective effort and political will across not only this House but Parliament as a whole. That is demonstrated not only by the number of Members present today but by how the matter has been pursued through APPGs, private Members’ legislation and amendments to various other Bills.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Before my hon. Friend moves on, may I add another name to the list of the illustrious? Home for Good, a Christian charity, has been working so hard to raise the profile of the real dangers of certain institutions that look as though they are orphanages but are actually involved in the trade. Separation of children from parents—even from one parent—is a dangerous activity. Will he look at the Home for Good report and study it carefully? He will find it very helpful?

[Gareth Snell]

I thank the hon. Gentleman—

[Mr Sheerman]

Hon. Friend!

[Gareth Snell]

Indeed, he is my friend, but he is now only the second most famous person from Huddersfield following the debut of the new Dr Who. I do not know whether he has a sonic screwdriver, but we can sort one out for him.

My hon. Friend is right. A number of organisations and charities sent me briefing notes, and what I found interesting as all that information came into my office was the sheer volume of work being done quietly and diligently to ensure that this issue of our young people and others being abused and exploited is tackled. If we look at the work and try to quantify it, we can see that in addition to the efforts of Government and Parliament, civil society is once again demonstrating that it is a force for good.

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[Gareth Snell]

As always, my right hon. Friend is absolutely spot on. I would add that local authorities have struggled with their existing requirements. If we are to give them more things to do, and I think we can, that has to come with the required funding. This is too important to do half a job badly; I would rather we did all the job properly. Once again, Sandwell Council in the west midlands demonstrates how that can be done. Having heard my right hon. Friend’s intervention, I am sure that other councils will look to Sandwell as a model to follow in future.

I will move on to one of the things that the Government could do to actively address all the points being raised. Baroness Young’s Modern Slavery (Transparent Supply Chains) Bill would extend the section 54 clauses to cover almost everything that has been discussed. The Bill would allow for local authorities, public bodies and smaller organisations, including commercial organisations, to be covered by the requirement to make declarations. The more information we have, the easier it will be to tackle this scourge. I ask the Government to do slightly more. They can no longer rely on non-governmental organisations and charities to enforce the will of Parliament as expressed through the Modern Slavery Act. There has to be direct Government responsibility for the collection and analysis of the data that they have asked to be produced.

I ask the Minister to update the House on the process for appointing the new Independent Anti-slavery Commissioner. That role has been empty since May. According to the Home Office documentation, a meeting should take place this week to shortlist candidates. I wonder whether we are still on track for that. Given the comments of Kevin Hyland about his independence as he left that post, I ask the Minister to reassure us that those comments have been taken on board and that the new Independent Anti-slavery Commissioner, whoever that may be, will have the powers, responsibilities and independence they need to do the work that we all know and agree is needed.

To move on from the processes, behind every statistic, case and referral there is an individual whose life has been turned upside down and torn apart because of modern slavery. The Walk Free Foundation estimates that there are 136,000 victims of modern slavery in the UK alone. To put that into context, that figure is equivalent to the population of West Bromwich, Gloucester or Worcester being enslaved in the UK. We should all be worried about that, because unless we tackle this root and branch, we cannot hold ourselves up as a compassionate society.

There is also an international element to the issue: £14 billion of goods are imported into the UK. We can all be pretty much guaranteed that some of those products will be made by slaves or people in servitude. Everyone here and watching at home—I am sure there are millions of them—can be almost certain that something in their home, wardrobe or car will have been made by a slave. Statistically, it is likely that at some point, every single one of us will have an item of clothing made by a slave, if we do not already. We must take that very seriously, because our obligations do not rest domestically; we should set the standard around the world. As our post-Brexit trade negotiations take place, we should ensure that an ethical trade policy that tackles modern slavery here and overseas forms part of our trade policy. If we can use our purchasing power to make the world a better place, we have a duty to do so.

The National Crime Agency statistics from the national referral mechanism suggest that roughly 1,600 referrals are made each quarter. In the first quarter of this year and the second quarter of last year combined, just over 3,200 referrals were made. Although the victims predominantly came from the United Kingdom, they spanned 87 different countries. In the UK, people of 87 nationalities made a referral to the national referral mechanism. What is good about the Modern Slavery Act is that the perpetrators are being prosecuted. Only last week, Zakaria Mohammed was prosecuted under the Act for drug dealing using children and county lines. Although the act of drug dealing itself should be punished—I do not think anyone would object to that—the fact that the use of exploited children in a servitude role was prosecuted sends a message that we are taking this seriously.

[Mr Sheerman]

My hon. Friend has put his finger on the fact that some very wicked people organise this trade, and they are clever. People up and down the country—this is true even in the case of my pet subject of orphanages that are not really orphanages—are gulling ordinary, good people in this country into donating money for things that will be used for an evil purpose.

[Gareth Snell]

My hon. Friend is absolutely right. The people who perpetrate these crimes do not do so in a cack-handed way. They are organised individuals who exploit the most vulnerable people in our society purely out of greed. The more we do to prosecute and make examples of them, the more we will do to demonstrate that we take the issue seriously and to put people off.

Another recent case is that of Josephine Iyamu, who sex-trafficked workers from Nigeria to Germany. Because she was a UK national, we prosecuted her in this country under the Modern Slavery Act. Again, as internationalists—as a country that looks out to the world—our responsibilities do not rest at our doorstep. We have a responsibility for people around the world. In Leeds, the Cisar family were caught trafficking people for work and exploitation. Thirty-seven people were found in an enslaved situation, working on building sites for £5 a day. Some of the families had to spend their evenings begging for food because they simply were not able to provide food for their children. One of those 37 people was a one-year-old. If we are serious about tackling this issue, we should start with situations like that.

Another problem, which I am sure the Minister will be able to help us with, is what happens once someone has been identified as a victim of modern slavery. The national referral mechanism is non-statutory. Someone who gets a positive conclusive grounds decision has no legal status. They are simply someone we have almost taken pity on—we support them out of benevolence, not because there is a requirement in law for us to do so.

The Government promised last October to increase the duration of support for people who receive a positive conclusive grounds decision from 14 days to 45 days. I understand that that is still in the process of being worked up—it is not actually being implemented. Again, if the Government wished to demonstrate that they take that promise seriously, they could easily announce that they will bring it forward as soon as possible.

Windrush

Barry Sheerman Excerpts

Tuesday 4th September 2018 Commons Chamber

[Caroline Nokes]

When we first became aware of the scale of the Windrush problem, I chaired a ministerial meeting across Government, and the Minister from the Department for Work and Pensions was one of the most proactive Ministers there and determined to make sure that the DWP regarded somebody as eligible if they had an appointment with the Windrush taskforce. That important work continues at an official level. The hon. Lady has raised an individual case. She will have heard me say earlier that the consultation on the compensation scheme closes on 11 October, and we will bring forward a scheme as soon as possible after that, but we are also working with third sector organisations to make sure that advice and support is available for people.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister is a fortunate woman—my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and her excellent Select Committee have done all the work for her. She should get on with implementing their recommendations; it will make her life a lot easier. Those affected in my community in Huddersfield, mainly from Grenada and other parts of the Caribbean, are mostly elderly. This is an all-party, all-Government muck-up, and we are not talking about many people, so let us be generous with the compensation and in giving free access to new passports and citizenship rights. That is what they deserve.

[Caroline Nokes]

I point out to the hon. Gentleman that we have been generous in granting citizenship rights and have been determined, as I said a few moments ago, to find reasons to grant, not reasons to refuse. As I have said, the public consultation on the compensation scheme closes on 11 October, but I urge him to encourage all his constituents who may have been affected to take part in that consultation so that their voices can be heard.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 16th July 2018 Commons Chamber

[Sajid Javid]

I very much agree with my right hon. and learned Friend. I would like to see an increase in sentencing for those who engage in terrible cruelty to animals. May I also take this opportunity to thank him for his Bill and say that we are very happy to support it?

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I am sure that the Home Secretary does not want to trivialise this issue, but the fact of the matter is that the real concern—the deep roots of this issue—is very often the emergence of gangs in all of our towns and cities and in our schools. What will we do to combat not just knife crime, but the gangs that seem to promote it?

[Sajid Javid]

Again, this is an important issue in this debate. There is a lot more that we can do both in Government and in working with other organisations, including community organisations, especially in terms of early intervention and prevention. The funding that was allocated, such as the £11 million on early intervention and youth grants, will make a difference as will the new national centre to co-ordinate action based on county lines.

Immigration: Pausing the Hostile Environment

Barry Sheerman Excerpts

Thursday 12th July 2018 Commons Chamber

[Caroline Nokes]

The Government are setting up a compensation scheme and it is absolutely right that we consult on that before so doing. Martin Forde’s call for evidence received a great deal of information—in excess of 600 pieces of evidence. As I have already said, the DWP is the lead Department for making sure that those who were entitled to benefits and may have been denied them have them not only reinstated immediately but backdated.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister might not know that we have a substantial Caribbean community in Huddersfield, mainly from Grenada and Jamaica—indeed, some of my Opposition colleagues have links to the community. Two people from that community came to see me in the House of Commons yesterday. They are very concerned, and not only about the insecurity that many of the older generation feel. A lot of fly-by-night lawyers and so-called experts are able to charge a lot of money to intercede, because many of these people are frightened of coming to their Member of Parliament in case information goes back and they are picked out and picked on. Will the Minister assure my constituents and the people up and down the country who are worried about this issue that the best place to go to sort it out is to their Member of Parliament?

[Caroline Nokes]

The hon. Gentleman is always a forceful advocate for his own constituents. Throughout the Windrush crisis, I have seen Members of Parliament from all parties interceding and acting with great speed and compassion. It is essential that we convey a message of reassurance, which is what I sought to do when I attended a drop-in surgery with members of the Caribbean community in Southampton. Individual Members of Parliament are very well placed to do that, but it is absolutely the case that individuals can contact the taskforce without any need to approach immigration lawyers or advisers. I strongly recommend that they do that rather than approach a lawyer.

Stalking Protection Bill (First sitting)

Barry Sheerman Excerpts

Committee Debate: House of Commons & Committee: 1st sitting: House of Commons
Monday 9th July 2018 Public Bill Committees

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I, too, congratulate the hon. Member for Totnes. I was one of the original members of the commission on stalking, which had members from the House of Lords and the House of Commons. It was pretty new, and it was a very good group. All of us who are still in contact think that the Bill builds on the foundations we created. We thank her immensely and hope the Bill comes to fruition quickly.

[Alex Chalk]

I want to reflect on how far we have come on this issue in such a short time. It is hard to think that stalking was made a criminal offence only in 2012. Prior to that, it was the stuff of almost amusement. It is only now that we, as a society, have come to realise its appalling and corrosive impact. We have made that progress because of great campaigners such as my hon. Friend the Member for Totnes, who has been ably and graciously supported by the hon. Member for Rotherham.

I have one observation. This is an excellent Bill that will provide an important tool for early intervention. Critically, it allows to be placed on the individual not just a prohibition, but a requirement potentially to get some sort of treatment. We all want the stalking to stop, and sometimes the critical factor is to ensure that the individual gets treatment, be that talking therapy or whatever, to address the fixation that has got into his or her head. I hope that magistrates courts will take the opportunity that this excellent piece of legislation provides to protect victims and assist perpetrators.

--- Later in debate ---

[Victoria Atkins]

Very much so. That is the expectation, particularly through the statutory guidance. We will very much be led by the National Police Chiefs’ Council lead, Paul Mills. Tackling stalking is his focus, so we will work with him and the College of Policing to ensure that chief constables and police officers on the beat across the country understand not only their powers but how to spot the signs of stalking and harassment.

[Mr Sheerman]

I realise that I am pushing my luck after being late coming in; I was awaiting the Prime Minister’s statement. I found during the 10 years that I chaired what became the Children, Schools and Families Committee that fine words come from Ministers on how to identify the deep-seated causes of stalking in individual personalities, but that there is a shortfall in the therapies and the people trained in delivering them. Are we conscious of that shortfall, because we need to make sure that these people are available?

[Victoria Atkins]

This is a developing area. An early analysis of the responses to the consultation on the domestic abuse Bill shows an emphasis on perpetrator programmes. This is clearly an area for development, and I am pleased that we have granted £4.1 million to the police and the Suzy Lamplugh Trust, through the police transformation fund. I very much hope that through that programme they will be able to share best practice, with a view to ensuring that the high standards we hope for and expect are met across the country.

Commercial Sexual Exploitation

Barry Sheerman Excerpts

Wednesday 4th July 2018 Westminster Hall

[Mr Shuker]

Again, I completely agree. As I will go on to say, a comprehensive model of legal reform would be one in which women who sold sex were decriminalised and those who bought it were subject to criminal sanction, but programmes to boost exit and allow people to go into other, much more secure forms of work are also hugely important.

Today, the Crown Prosecution Service rightly recognises women’s involvement in prostitution as a form of sexual exploitation, yet under existing law women involved in street-based sexual exploitation are criminalised for loitering and soliciting, creating a barrier to exiting and rebuilding their lives. It is currently illegal to place a call card advertising prostitution in a phone box, yet apparently it is perfectly legal for companies to make millions of pounds by knowingly hosting prostitution adverts online. We have an Act to combat modern slavery—the Modern Slavery Act 2015—but it has a huge hole in it, because it fails to acknowledge that prostitution drives sex trafficking in the first place. We have a law that prohibits men from soliciting women for sex on the street, but it gives them the green light to walk into a brothel and sexually exploit them behind closed doors.

That is not good enough. As I said to the Minister here this morning, when she very kindly appeared before the Women and Equalities Committee, it has profound implications not just for women involved in prostitution, but for all women, because it perpetuates the myth that men have an absolute right to sex and therefore their sense of entitlement should overwhelm many others in society. The Minister for Women and Equalities, who is also a Secretary of State, put it best when she said earlier this year:

“You cannot help and support people, you cannot give them hope and a chance, you cannot promote human rights or the dignity of every human being—whilst paying them for sex, and whilst funding an industry that exploits them.”

I wholeheartedly agree.

The United Nations, which is having to confront sexual abuse and exploitation within its own ranks, has published a “Glossary on Sexual Exploitation and Abuse” for anyone who is not clear what that means. It states:

“‘Sexual exploitation’ is a broad term, which includes a number of acts…including ‘transactional sex’”.

Transactional sex is defined as:

“The exchange of money, employment, goods or services for sex”.

Offering someone money—or drugs, food or a place to stay—in exchange for them performing sex acts is abusive and exploitative. It is never acceptable. The aim of our law must be to end commercial sexual exploitation, not to “manage” it, not to regulate where it happens, not simply to pick up the pieces and not to prevent only the most heinous acts. Our responsibility as lawmakers is clear: it is to end sexual exploitation. And to end sexual exploitation, we have to end the demand.

How to combat demand is not a big mystery. As with any other form of violence against women, it starts with the law sending a clear signal that exploiting someone by paying them for sex is never acceptable, and that those who do will be held to account. We have to shift the burden of criminality away from women who are exploited in the sex trade and place it where it belongs: on those who create the demand. The “end-demand” approach is often referred to as the Nordic model or the sex buyer law. This three-pronged strategy involves criminalising paying for sex, decriminalising selling sex, and providing support and exiting services for people exploited through the sex trade.

France, the Republic of Ireland, Northern Ireland, Iceland and Norway have all adopted end-demand legislation. The first country to do it—this is important—was Sweden, which in 1999 criminalised paying for sex and decriminalised selling it as part of a Government Bill to tackle violence against women. Mia de Faoite, a survivor of prostitution, has said of Sweden’s decision to introduce the law:

“Prostitution is, was and always will be an absolute affront to human dignity and I know that because I have lived and witnessed it. Sweden didn’t do a radical thing or a controversial thing. Sweden just did the right thing in the name of freedom, justice and equality.

Colleagues will speak about the clear and substantial evidence that end-demand legislation works, in Sweden and elsewhere. However, I want to make this point, to the Minister and to the Government: if neighbouring countries are adopting legislation that makes it harder for people to be trafficked and sexually exploited, we run the risk that it will become easier to do that in England and Wales—on our streets and behind closed doors in every community we represent—because there is such a clear basis on which money can be made. We cannot divorce ourselves from what is happening in this great move across much of western Europe.

It is sometimes claimed that making paying for sex a criminal offence would drive prostitution “underground” and make it inherently unsafe. First, it is not possible to make sexual exploitation safe. The moment the money goes on the side or the counter, someone is buying consent and that sex buyer believes that they have an absolute right or entitlement. Secondly, as a recent European Commission study on trafficking points out about that policy, there is

“a logical fallacy at its heart since some level of visibility is required.”

In other words, if I can leave this room today and purchase sex by finding someone’s details online, so can the police. If sex buyers can locate women in prostitution, so can the police and support services.

To quote Detective Superintendent Kajsa Wahlberg, Sweden’s national rapporteur on trafficking in human beings,

“prostitution activities are not and cannot be pushed underground. The profit of traffickers, procurers and other prostitution operators is obviously dependent on that men easily can access women who they wish to purchase for prostitution purposes. If law enforcement agencies want to find out where prostitution activities takes place, the police can.”

In Sweden they have been doing that for nearly 20 years. We can look at the evidence of what has happened in that country.

The second myth I want to address is that by fully decriminalising the sex trade—an argument advocated by some—including brothel-keeping and pimping, women are made safer. That could not be further from the truth. It legitimises and fuels demand. Demand is met by significantly increased levels of trafficking. A cross-sectional analysis of up to 150 countries found that trafficking flows are larger into countries where prostitution is legal. That seems logical. Similarly, an analysis of European countries found that sex trafficking was most prevalent in nations with legalised prostitution regimes. The researchers suggested that

“slacker prostitution laws make it more profitable to traffic persons to a country.”

Take the Netherlands, for example. Third-party profiteering was decriminalised there in 2000. Seven years later, the national police force estimated that between 50% and 90% of women in the country’s legal prostitution trade “work involuntarily”. An evaluation of the law in 2007, commissioned by the Dutch Parliament, found that pimping was still “a very common phenomenon” that

“does not seem to have decreased.”

Fieldwork researchers reported that a “great majority” of women in Amsterdam’s infamous window brothels,

“works with a so-called boyfriend or pimp.”

Let me makes this point: there are few women directly involved in selling sex who profit from it. There is undoubtedly a huge supply of money, estimated by some to be £5 billion or £6 billion of our economy, but that money is not finding its way into the pockets of women who are exploited through this trade; it ends up in the pockets of pimps, exploiters and those who benefit from trafficking.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I congratulate my hon. Friend on his speech. I am using this intervention to say that I have been advised that it would be inappropriate for me to speak today, given certain things that are happening in west Yorkshire. He knows that I have been campaigning on this issue for a very long time. This is my opportunity to say that I am here absolutely supporting him.

[Mr Shuker]

I am extremely grateful to my hon. Friend.

The Government cannot continue to kick this can down the road. To some degree, all of us are culpable on that. We need comprehensive legislative reform with the aim of tackling demand as its underlying principle. We have a duty as parliamentarians to confront and take action against sexual exploitation, however difficult or uncomfortable that may be. The Government must tackle demand by criminalising paying for sex and decriminalising those who are exploited.