Border Security, Asylum and Immigration Bill

Caroline Nokes Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Preet Kaur Gill (Birmingham Edgbaston) (Lab/Co-op)]

I welcome this important Bill, which will introduce new counter-terror-style powers to identify, disrupt and smash the people smuggling gangs. I take this opportunity to commend the Home Secretary on the work the Government have already done to remove foreign criminals and immigration offenders at the highest rate since 2018. By restarting asylum processing to clear the backlog and redeploying 1,000 staff to work on immigration enforcement, the Government have been able to deport more than 16,000 people, while the previous Government deported just four volunteers.

I want to focus on an extremely important aspect of the Bill that has gone largely overlooked, and on which I have been campaigning for change. Clauses 43 and 44 will introduce new offences to clamp down on the rise of 3D-printed firearms, which is a serious threat. Such firearms present a new challenge to law enforcement because they can easily be made at home and are untraceable and undetectable by magnetometers in places such as airports and courthouses. While the UK has been successful in policing gun crime, law enforcement agencies have warned that they are underpowered to tackle this rising threat, so I am glad that the Bill addresses it.

Birmingham, the city I represent, has regrettably become the gun capital of the United Kingdom, with nearly 600 firearm offences recorded in the West Midlands police area last year. In 2023, a local man was convicted of possession of a range of home-made assault rifles manufactured using a 3D printer in his home. That is why last year I introduced my Firearms (3D Printing) Bill, which would make it an offence to possess and share the blueprints to build these deadly weapons and to possess part of a 3D-printed firearm.

I worked with Channel 4 and Middlechild TV on a documentary about this issue, and I was shocked to learn that files containing IKEA-like step-by-step guides to 3D print firearms at home can be downloaded from the web in as little as three clicks. That is putting the public at risk. I am therefore delighted that Ministers have wasted no time in closing this loophole, introducing much-needed legislation and backing my Bill.

The horrors of the Dunblane massacre in the 1990s mean that the UK has got much right on gun control. Our constituents see mass shootings in other countries and are thankful for the strong gun controls we have here. However, that has never been a reason to be complacent, and the rise of 3D printer technology in recent years has presented a novel threat. Someone can buy a 3D printer for £150. As we saw in the Luigi Mangione case in the United States, 3D-printed firearms are not toys, but deadly weapons. Some might look like Nerf guns, but 3D-printed weapons can kill.

In the United Kingdom, 3D-printed firearms are growing in popularity, with several cases in recent years. In 2023, a man from Bradford was held in possession of a FGC-9 home-made automatic sub-machine-gun, magazine and bullets. In May 2023, two men from Bradford and Hull were convicted of plotting to build and supply home-made weapons to criminal gangs. In the same month, National Crime Agency officers uncovered a factory in south London that was converting blank-firing guns into lethal weapons using 3D-printed parts. Earlier this year, an Islamist extremist was jailed for seven years after being found with instructions on how to build 3D-printed weapons. I mentioned the case in Birmingham, where a man was convicted of making assault rifles in his own home similar in size and scope to the AK47. The point of this legislation is to limit the accessibility of blueprints and prevent dangerous people using them to undermine gun control in the United Kingdom, and to send a strong message that the law will come down on those who want to do harm to our country. In conclusion, the Labour Government came to power promising safer streets. I am proud that we are taking stronger action to deliver on that pledge. In a weaponising world, legislation must keep pace with new technology and the rise of new novel threats. My call for a change in legislation has meant that those seeking to undermine our gun controls to commit criminal acts under the radar by downloading and sharing blueprints to make 3D-printed guns will now face criminal charges. I thank the Government for that.

Finally, turning to other measures in the Bill, I commend the Government for taking a practical approach to Britain’s border security. The previous Government’s efforts were a disaster. They stopped processing asylum cases while failing to deport people with no right to be here, with the result that thousands upon thousands of asylum seekers have been left to languish in hotels and B&Bs across the country, costing the taxpayer billions. Even more self-defeating was the previous Government’s decision to write a blank cheque out of Britain’s aid budget to pay for that mess, taking away funding to tackle the crisis that many people are fleeing in the first place. There is no solution to the global displacement crisis without international development. The Bill is right to focus on the smuggling gangs. We need to break the business model of the vile criminals who are still shipping families across the channel, even in the freezing cold, with no concern as to whether they live or die. The Bill will equip our law enforcement agencies with the powers they need to stop them, disrupt their supply chains and bring most of those who profit from this human misery to justice. The new counter-terrorist powers—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I call the Liberal Democrat spokesperson.

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[Margaret Mullane (Dagenham and Rainham) (Lab)]

The Bill paves the way to end 14 years of gimmicks and sticking-plaster politics. The previous Government threw £700 million of taxpayers’ money at the Rwanda scheme, which, from the time it was introduced to the day it was scrapped, saw 84,000 people arrive on our shores in small boats. Given the focus of the Bill, it is important that clear distinctions are drawn on its purpose, and on immigration itself.

Workers arriving here legally to fill the gaps in industry and institutions such as our national health service are vital contributors to our society and economy. Migrant labour and immigration from Ireland and the commonwealth nations built my constituency in the 1920s and 1930s. Not only is that a part of Dagenham and Rainham’s heritage, but my heritage as the daughter of an Irish immigrant. My dad came here for work in the ’50s and contributed to our society throughout his life. Equally, those fleeing war and devastation, human rights abuses and more, have an international right to seek asylum.

It is also important to acknowledge that our borders cannot be an open door, especially not to criminality or exploitation. That brings us to the focus of the Bill. It is why I welcome the Bill and will be supporting it on Second Reading. The Bill seeks to close the gaps, ensuring that law enforcement agencies are granted counter-terror-style powers to tackle organised immigration crime. There is a public perception, and a perception of some who are new to the House, that those arriving here are somehow stealing from the British people—taking something away, whether it be jobs, homes or services. The truth is, however, that many thousands of those who arrive on our shores find themselves exploited and trapped, used in criminality, and thrown into the life of modern slavery. With no recourse to public funds, they are not accessing our services, and without citizenship or national insurance, they are not taking our homes or our jobs.

Lives are being lost, but the organised crime groups who are fuelling this—they are despicable people—do not care whether those who are exploited live or die, as long as they make a profit. Back in October 2019, close to my constituency, we saw how that leads to the terrible tragedy of which the Home Secretary spoke earlier, when 39 men and women were found dead in a lorry in Grays. This cannot continue. The Bill is, first and foremost, a way to disrupt organised immigration crime by scaling up law enforcement and the response to border security checks. It is about our Government getting things done: being tough on crime and tough on the causes of crime, and protecting our borders while still ensuring that the vulnerable, and victims of organised crime, are offered the protection that they deserve.

[Madam Deputy Speaker]

I call the Father of the House.

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[Shaun Davies (Telford) (Lab)]

It is an honour to follow the Father of the House.

Alongside a deterrent—perhaps—the first, foundational point of any system must be control at the border, and over the past 14 years we have certainly not had that. My constituents tell me that they want change, and want fairness to be at the heart of the border and asylum system. There has been chaos—chaos that saw last year alone at least 77 souls lose their lives by drowning while crossing the channel, about a third of them children; chaos that saw £700 million wasted on a scheme that did nothing to stop those crossings, but paid for a grand total of four migrants to move voluntarily to Rwanda; chaos that saw tens of thousands of people come to the UK and then spend years in hotels, including a manor house in my town, in military bases while our serving personnel waited for homes, and on barges, because the Government of the day refused to process their claims.

The Bill marks a sea change, away from chaos and towards a security that will allow us to tackle the human trafficking gangs with counter-terrorism-style laws and tactics—to go after them, lock them up, and take possession of the proceeds of their crime. That security will allow us to welcome the most talented, the best and brightest, to make this country a better place, contributing to our public services, our cultural sector and our world-leading technology, research and innovation sectors, together with the people who help our country around the world, including Afghan interpreters.

When things go wrong, however—when laws are broken, or time is up—my constituents expect the state to have the ability, the right and the mechanisms to remove people who have no right to remain here. The Bill takes the welcome first steps that will enable the state to remove such people, particularly those who come to the UK to commit crime. I urge the Government to go further, and allow British judges to impose stand-alone deportation orders in cases where the public interest is served.

During the general election campaign, many voters asked me about illegal migration. Many of them had concerns about small boat crossings. They felt that Britain should have control over our borders, and that we should decide who can and cannot enter our country. Illegal small boat crossings undermine that principle, and make it impossible to have an asylum and immigration system that is both fair and functional.

This Bill gives Britain a better deal. It protects vulnerable people against human trafficking and dangerous small boat crossings, and it restores law and order at our borders. It will give us greater powers to identify and detain the people behind the industry. It creates a criminal offence of supplying or handling items that are used for organised immigration crime. At long last, it allows us to tackle the problem upstream in order to stop a backlog the size of Colchester building up, as it did under the last Conservative Government’s watch.

Today’s Bill is about illegal migration and our approach to it. The merits of legal migration, and how to ensure a fair and balanced system, start with the Government’s ability to decide who comes in and who does not, and who stays and who does not. The Bill is a first step towards ensuring that this Parliament, on behalf of the British people, makes that decision—not criminal gangs who make money from exploiting and trafficking children, women and men.

After 14 years, the shadow Home Secretary should have stood up and apologised. I have a warning for the public: those who come up with simple solutions to complex problems are not telling the truth. This Bill is a first step in the hard work to take back control of our borders.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Chair of the Home Affairs Committee.

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[Chris Murray]

Of course, the issue is that Scotland is not the same everywhere. My community in Edinburgh and East Lothian is seeing its population grow, while other parts are seeing their population decline. The reason is Scotland’s labour market and economy. Even when we had access to 300 million people as an EU member, with net migration of 900,000, there were still parts of Scotland that were unable to attract migrants. The problem was not the immigration system; the problem was our labour market.

[Madam Deputy Speaker (Caroline Nokes)]

Order.

[Pete Wishart]

I do not think the hon. Gentleman understands the scale of the problem in our nation of Scotland. Twenty-two per cent of our population is over 65, compared with 19% in England. We have one of the lowest birth rate ratios, with one child for every three women. If we do not do something quickly, this will have a huge impact on every sector of our society and every part of our economy.

I thought Scottish Labour supported a Scottish visa. I have heard Jackie Baillie speak very interestingly about it, but all of a sudden Scottish Labour has abandoned it. Every time I raise it with the Home Secretary, I am totally rebuffed. Every time my colleagues ask the Government to give us the tools to help address our predicament, we are told where to go.

We need the tools so that Scotland can grow its population, and so that we can equip ourselves for the problems that are already coming our way. We need a new mindset on immigration, which we have to start seeing as a benefit to communities. We have to recognise how it enriches our society. For the Government, immigration is a bad that has to be dealt with, and that is such an early-century approach. We will soon be facing population stagnation and decline. Unless we get ready and prepare for what is coming, we will be in serious trouble.

I look across at Labour Members who are singularly uninterested in any of this. They want to be as hard on immigration as the Tories and the Reform party. It does not work, it cannot work, and it is the wrong solution for where we are heading. I encourage them to think once again about what we all need across the United Kingdom.

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[Madam Deputy Speaker (Caroline Nokes)]

We will go down to a four-minute time limit after the next speaker.

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[John Slinger]

I thank the hon. Member for his intervention. This Bill proposes numerous measures that will get tough on the evil criminal gangs that are bringing people here on those boats, and my hon. Friends on the Labour Benches have made that point very clearly.

With their hand on their heart, are right hon. and hon. Members on the Conservative Benches perhaps feeling ashamed of flirting with the idea of derogating from our international rights obligations? In time, I believe that the public will see that—led by a Prime Minister who has actually tackled criminal gangs—the Home Secretary and her team will leave behind the failure, gimmicks and populism of the past and replace them with effective action.

[Madam Deputy Speaker (Caroline Nokes)]

That brings us to the Front Benchers. I call Matt Vickers.

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[Dame Angela Eagle]

The Border Security Command co-ordinates and leads across Government; the right hon. Gentleman will want to serve on the Committee so that we can discuss this in detail. [Interruption.] I can tell the right hon. Gentleman—[Interruption.] I can tell him that the Border Security Commander is already leading across Government and making a real difference in operational co-ordination, which this Bill will put on the statute book. [Interruption.]

[Madam Deputy Speaker (Caroline Nokes)]

Order. Mr Cleverly, we have heard you shout enough times. The Minister will respond.

[Dame Angela Eagle]

We are not doing line-by-line; those on the Opposition Front Bench need to know that that happens in Committee. I have just invited the right hon. Gentleman to sit on the Committee. If he looks, he will see that the first part of the Bill deals entirely with the Border Security Commander and putting his powers on the statute book, and it makes clear that he is a systems leader who can co-ordinate properly across Government. The proof of the pudding will be in the eating.

Police Grant Report

Caroline Nokes Excerpts

Wednesday 5th February 2025 Commons Chamber

[Rachel Hopkins]

I will not give way.

Those cuts and that underfunding have required Bedfordshire police to cut spending by over £50 million. I thank our Labour police and crime commissioner for Bedfordshire, John Tizard, for his commitment to ensuring that we make the best use of our funds to increase policing capacity, and for his dedication to tackling violent crime across our county. I particularly thank him for his ongoing desire to work in partnership with other public services and the voluntary sector, with a focus on prevention.

Bedfordshire has a diverse landscape, and our police cover urban, densely populated towns including Bedford and Luton, which suffer from crime associated with metropolitan areas. Our county has significant transportation links—road, rail and air—making Bedfordshire a particular hotspot for organised crime, including firearms and drug supply offences. Unfortunately, our police force is also tackling the impact of knife crime; in the period from January 2023 to March 2024, there were 449 knife crime-related incidents in Luton alone, and in recent weeks we have seen more violent crime in Luton. Two stabbings have taken place, one of which tragically resulted in a fatality.

Despite those factors, Bedfordshire police is still currently funded as a rural police force, due to failures by the previous Government to fix the archaic funding formula. Special grants have been provided each year since 2019-20 to tackle the disproportionately high gun and gang crime in Bedfordshire, with a further grant awarded since 2021-22 to combat organised crime.

I cannot comment on the contributions made by the shadow Minister, the hon. Member for Stockton West (Matt Vickers), but I and many other Members from across the House who represent constituencies in Bedfordshire have spoken many times about the funding formula for our police force. It is currently awaiting confirmation of the continuation of those special grants, which equate to 5% of its total budget. Announcements are expected later this month, so I urge the Minister to consider the specific circumstances of our police force when taking those decisions, as the impact of those grants cannot be overestimated.

I will close by saying how pleased I am to see multi-year settlements for local government coming in, because that provides local government with more stability in its partnerships with our police forces, working to ensure community safety.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

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[Jess Phillips]

Earlier, I heard everybody groan on your Benches—

[Madam Deputy Speaker (Caroline Nokes)]

Order. They are not my Benches.

[Jess Phillips]

I apologise, Madam Deputy Speaker—they are definitely not your Benches. I heard groaning earlier about the black hole that was left. The shadow Minister makes a point about the uplift in pay, but in this year’s settlement nothing had been put in that budget by his Government to increase the pay of police officers. Nothing was put into the budget, because that was the way that they operated.

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[Gareth Snell]

On a point of order, Madam Deputy Speaker. In today’s Prime Minister’s questions, the Leader of the Opposition alleged that a donor to my party was funding a court case challenging the consent to develop the Rosebank and Jackdaw oil and gas fields. That is entirely untrue. She went on to suggest that the Government’s decision to accept the court ruling was swayed somehow by a previous relationship with Dr Rausing. This is a very serious allegation for which no evidence has been provided. I seek your advice and guidance, Madam Deputy Speaker, on the recourse available to me and other Members to ask the Leader of the Opposition to come back to this House and present the evidence, and if she cannot, to apologise, withdraw the comment and correct the record.

[Madam Deputy Speaker (Caroline Nokes)]

I thank the hon. Member for giving notice of his point of order, which perhaps went further than I had expected. In this House we need to be very careful with language. I am sure that he was not accusing the Leader of the Opposition of deliberately saying something that was untrue.

[Gareth Snell]

Not deliberately.

[Madam Deputy Speaker]

I thank the hon. Member for clarifying that. He will be aware that comments made in this House are not the responsibility of the Chair, but he has put his point on the record, and I am sure that the official Opposition Front-Bench team will have heard it.

Southport Attack

Caroline Nokes Excerpts

Tuesday 21st January 2025 Commons Chamber

[Yvette Cooper]

The hon. Member is right to raise the important issue of trust. The police and criminal justice system are rightly independent of Government and of politics, but there needs to be trust in the work they do. This Government have made it part of our mission to restore confidence in policing, which I think has been undermined for far too long, and to stand up for the rule of law. We must defend the different parts of the justice system, which rightly play different roles, otherwise they will not provide justice for people in the future.

Crucially, to ensure that there is trust, we need to get to the truth about what happened in this shocking, terrible case: what went wrong and why a dangerous man was able to commit this terrible crime. Above all, all of us should keep in our minds and in our hearts the three little children, their families and all those who have been affected by this truly appalling attack. We must ensure that we get them the truth and answers, and do everything that we can to prevent such terrible crimes.

[Madam Deputy Speaker (Caroline Nokes)]

I thank the Home Secretary for her statement.

Bill Presented

Arms Trade (Inquiry and Suspension) Bill

Presentation and First Reading (Standing Order No. 57)

Zarah Sultana presented a Bill to make provision for an inquiry into the end use of arms sold to foreign states to determine whether they have been used in violation of international law; to immediately suspend the sale of arms to foreign states where it cannot be demonstrated that arms sold will not be used in violation of international law; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 14 March, and to be printed (Bill 164).

Child Sexual Exploitation and Abuse

Caroline Nokes Excerpts

Monday 6th January 2025 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Caroline Nokes)]

Order. I am planning to run the statement only until 7 pm, so it might be helpful if we had very short questions and perhaps shorter answers from the Home Secretary.

[Ms Stella Creasy (Walthamstow) (Lab/Co-op)]

May I just say, on behalf of every decent-minded MP across the House, how powerful and important it is to see the Safeguarding Minister here on the Front Bench with the Home Secretary? It is a testament to their commitment to getting this matter right and not being deflected, however hard other people try, from what really matters, which is the victims of these horrific crimes. I am proud to sit behind them and to support the work they are doing, and I welcome what they have said about bringing in a victims panel.

In the spirit of the cross-party working that we will need to do on this, may I also welcome the words of the hon. Member for North Dorset (Simon Hoare)? He is right that the common story we hear time and again from victims of abuse—whether from grooming gangs, in care homes or in their own homes—is that they were not believed; nobody listened to them. How can we have the national conversation that we need to have about the culture of belief, putting victims first and finally ending the silence that has meant so many have been the victims of these perpetrators for so long?

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[Yvette Cooper]

My hon. Friend is right that we need action, and we need to see progress and change. Further areas will need investigations and inquiries. For example, I welcome the Select Committee inquiry she mentioned, particularly the investigation into online abuse and exploitation. As well as the expansion of online abuse, I am deeply concerned about the growing number of young people who are being drawn into abuse, and especially abuse between teenagers. That type of exploitation and harm of young people is extremely serious, and it is escalating.

[Madam Deputy Speaker (Caroline Nokes)]

I call Dr Caroline Johnson to ask the final question.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The House has agreed this afternoon that cultural sensitivities should not get in the way of police investigations. However, it would appear that they have and they perhaps still are, and that victims have been let down and that current victims might be being failed even today. There is a specific problem with gangs of organised men, who are systematically raping and abusing young children. Within that group, there is an over-representation of men of Pakistani heritage. We need to understand why, but piecemeal investigation, town by town, will not help us to do that, will not serve the interests of victims, by ensuring they get the justice they deserve, and will not prevent future cases.

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[Yvette Cooper]

The hon. Lady rightly raises an important point that was first raised as part of the Jay inquiry, more than 10 years ago, and then by the Casey inquiry, and she is right that we need to see action. Despite those issues having been raised over a decade ago, in many areas—not just grooming gangs and exploitation, but other areas of child sexual exploitation and child sexual abuse—there has still not been any action taken to change things, which is why we have to make sure that action is taken. We have to look at the recommendations made, including in the two-year strand that was part of the independent inquiry into child sexual abuse, and we have to work with the victims and survivors panel to identify further areas for investigation. We have to improve ethnicity data, which is not adequate. We published what we have in November, but it is not strong enough. That kind of data can inform the kinds of investigations that need to take place. We need to ensure that we look into child abuse wherever it is to be found across the country, in whatever institution or community. Crime is crime, and children need protecting, wherever they are.

[Madam Deputy Speaker (Caroline Nokes)]

I thank the Home Secretary for her statement. Apologies to hon. Members who did not get in, but we have two further items of business.

Terrorism (Protection of Premises) Bill

Caroline Nokes Excerpts

Report stage
Monday 9th December 2024 Commons Chamber

[Matt Vickers (Stockton West) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Caroline Nokes)]

With this it will be convenient to discuss the following:

New clause 2—Developing and implementing training on public protection procedures—

“(1) The Secretary of State must take steps as the Secretary of State considers appropriate to ensure that—

(a) adequate training provision is made available for persons responsible for qualifying premises or qualifying events in respect of public protection procedures that includes—

(i) the monitoring of premises or events and the immediate vicinity of premises or events;

(ii) evacuation procedures and the movement of individuals into, out of and within a premises or event;

(iii) physical safety and security of occupants in a premises;

(iv) provision of security information to individuals on a premises or at an event; and

(v) other measures related to terrorism protection training;

(b) a training implementation plan is put in place to ensure all organisations and persons to which the provisions of this Act apply are encouraged to undertake training related to public protection procedures.

(2) Functions of the Secretary of State under this section may be exercised by any organisation or persons authorised to do so by the Secretary of State.

(3) The Secretary of State must lay before both Houses of Parliament a report setting out the steps they have taken in relation to subsection (1).”

This new clause, together with Amendment 28, would require the Secretary of State to develop and implement a training plan in respect of qualifying premises and events before Parts 1 and 2 of the Act are commenced.

Government amendments 1 and 2.

Amendment 27, in clause 19, page 15, line 5, leave out “different” and insert “lower”.

This amendment restricts the Secretary of State to lowering the daily penalties rate for non-compliance by regulation.

Government amendments 3 and 4.

Amendment 25, in clause 32, page 22, line 35, leave out “100” and insert “200”.

This amendment sets the floor for standard duty at 200 individuals.

Amendment 26, page 22, line 38, leave out “500” and insert “799”.

This amendment sets the floor for enhanced duty premises and qualifying events at 799 individuals.

Amendment 28, in clause 37, page 25, line 31, leave out from “force” to end of line 36 and insert

“on the day after the Secretary of State has laid before Parliament a report on developing and implementing training on public protection procedures contained within this Act.”This amendment is consequential on NC2.

Government amendments 5 to 24.

[Matt Vickers]

I pay tribute to everyone who has contributed to the Martyn’s law campaign, the incredible group of individuals who are the Survivors Against Terror, and all the businesses, charities, local authorities, civil servants and security partners that have helped to shape the Bill. Most importantly, I thank the tireless campaigner Figen Murray, and her son Martyn in whose name this Bill has been devised. I would like to reflect for a moment on Martyn and the 21 other innocent victims who were killed in the heinous attack in the Manchester Arena in 2017. The loss of their lives and the pain of their families and friends must never be forgotten.

I pass on the apologies of my hon. Friend the Member for Rutland and Stamford (Alicia Kearns), who is unable to be present today to speak on behalf of the official Opposition.

Martyn’s law was a manifesto pledge for the Conservative party, and we published a version of the legislation in draft during the last Parliament. We took the issue of public protection very seriously when in office. We delivered £1 billion of counter-terrorism funding for 2024-25, so our forces can mount a swift and effective response to any terrorist attack. Funding will total at least £1 billion in 2024-25 as we provided essential support for counter-terrorism policing and ensured the police had the resources they needed to meet and deal with the threat of terrorism. We enshrined our Counter-Terrorism and Sentencing Act 2021 in law, introducing tougher sentences and ending the automatic release of potential terrorist offenders. Those found guilty of serious terror offences will now be handed a minimum 14-year prison term and up to 25 years on licence.

Part of the reason for publishing this legislation in draft was a concern to get the balance right for the different premises to which it applies—their responsibilities, and how feasible it is for them to effectively comply with those responsibilities and with public safety. We are grateful to the Home Affairs Committee, which undertook pre-legislative scrutiny of the Bill and made valuable recommendations, and to all those who responded to the Home Office consultation. It is because Martyn’s law is so important that it is imperative we get it right in this place. It is in that spirit of support, co-operation and openness that we have suggested small amendments to the Bill.

New clause 1 would require the Secretary of State to produce a report on the effectiveness of the Security Industry Authority as the regulator of these new provisions for both this House and other places within 18 months of the passing of the Bill. This is in recognition of the challenges inherent in extending new regulatory powers to an existing body. The report would include a comparative cost-benefit analysis of the SIA’s regulatory functions and an analysis of the implications if those functions were alternatively carried out at the local authority level.

The SIA’s role in this Bill is extensive, and it is our view that a review after the roll-out of the new provisions will provide the Government with the opportunity to take stock and decide whether the existing arrangements are the most effective regulatory framework. If they are a success, that is fantastic, but if there are issues, it is surely best to address them early and, if necessary, make changes then and there. I know there has been some anxiety from organisations about a perceived lack of clarity in how the SIA will approach regulation and whether it has the institutional dexterity to understand such a diverse range of venues.

From my discussions with relevant representative groups, businesses and venue operators around the country, I know there is wide-ranging support for the changes in our amendment from the industry. They want to ensure their venues are as safe as they can be. Indeed, many have already taken steps unilaterally to improve security and are eager to work with the Government on further progress. However, there is a feeling that current advice and guidance is limited, and this lack of information is leading to anxiety, particularly at a time when business confidence is falling and new taxes are incoming. Therefore I ask the Government to ensure that affected venues and industries are given full advice on how to comply with the incoming regulations as soon as possible. By agreeing to a future review of the SIA’s regulatory effectiveness now, the Government can ease those anxieties and ensure that everyone is focused on the most important objectives: delivering the provisions in the Bill and bolstering our collective security. For that reason, I ask the Government to support new clause 1.

We have tabled amendment 27 in a similar spirit of openness and co-operation. It would prevent the Secretary of State from increasing by regulations the daily amount venues can be fined under this legislation. As the Bill stands, places that are classified as standard duty venues can be fined up to £500 a day for violation. For those classed as enhanced duty venues, the fine is £50,000 a day for violation. I know the Minister will have met many of the organisations that are required to make changes under the Bill, and I am sure that he, like me, found them to be actively supportive of the changes and genuinely interested in working collaboratively towards better safety regulations.

Violent Disorder

Caroline Nokes Excerpts

Monday 2nd September 2024 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

Can I encourage Members to ask short questions and the Home Secretary to make answers shorter, as I would like to get everyone in?

[Jo White (Bassetlaw) (Lab)]

I am grateful to the Home Secretary for her statement. I agree with her point that it is perfectly possible to have a debate in our country about immigration and many other issues without resorting to looting shops, attacking minority groups and throwing bricks at police. In my constituency, I regularly have conversations with local people who feel that net migration is too high, and who worry about the cost of asylum hotels and the number of people entering our country illegally. In electing me, they have elected an MP who is prepared to raise those issues in Parliament and work with the Government to address them. Does the Home Secretary agree that that is how a democratic country like ours should operate, rather than a bunch of hooligans using those subjects as an excuse to smash up shops, burn cars and attack the police?

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[Yvette Cooper]

There is an important point here, which is that the social media companies and their owners need to take some responsibility for the criminal content that appears on their platforms, but also for the way that they operate—for the way that their algorithms operate, and how they can be used and manipulated by extremists. As for misjudgments by the Conservative party, there are too many to list now.

[Madam Deputy Speaker (Caroline Nokes)]

I thank the Home Secretary for that statement.

Criminal Justice Bill

Caroline Nokes Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Laura Farris]

I thank my hon. Friend, because the speech he gave on Second Reading played a major role in the changes we are introducing today. I reassure him that the change brings into scope most sexual assault cases, terrorist cases and racially aggravated offences, and I confirm to him that the specific case he raised on Second Reading would have been brought into scope by the change for which he has campaigned. I remind the House that the sanction for non-attendance at a sentencing hearing is up to a maximum of another two years in custody.

Government new clause 86 creates an offence of creating a sexually explicit deepfake of an adult without their consent. Members will be aware that the sharing of intimate images, whether real or fake, is already proscribed under the Online Safety Act 2023. We consider that we cannot complete the task of protecting people, principally women, unless we add the creation of pseudo-images or deepfakes to that package of protection. We are the first national legislature to take this step—if I am wrong about that, we are among the first—and we do so because we recognise the inherent risk posed by the creation of these images, both to the individual depicted and to society more widely.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I know that the Minister will have given thought to this, but does she agree that there is a problem not just with deepfake sexual images, but more widely with deepfake images that purport to show individuals and potentially even Members of this House doing and saying things that they have not and that have no sexual connotations whatever?

[Laura Farris]

I am grateful to my right hon. Friend for raising that point. We are encountering a rapidly changing world of deepfake images that can be used for the purposes of manipulating voices to try to influence political attitudes and choices. I have to make it clear that the new clause is confined only to the creation of sexually explicit images. However, it is my hope, humbly expressed at this Dispatch Box, that it may provide a gateway and lever for the development of more law in this area, and I thank her for her intervention.

--- Later in debate ---

[Mr Deputy Speaker (Sir Roger Gale)]

Before we proceed, I would like to make a couple of observations. These are very serious and sensitive issues that deserve, and are clearly going to get, proper debate. In his closing remarks, the hon. Member for Stockton North (Alex Cunningham) indicated that there are two days for this debate. Earlier, an hon. Member intervened on the Minister to raise a subject that she had not commented upon. There was a good reason for that: it is listed not on the order paper for today but on the order paper for the second day. I ask hon. Members to make quite sure that, when they are discussing these issues, they are discussing those listed on the order paper for today, in the understanding that there will be a second day.

There are 18 hon. Members wishing to speak. I may have missed one, so there may be more. At the moment, we have plenty of time but may I gently urge conciseness rather than self-indulgence? That relates particularly to interventions, which should be interventions and not speeches.

I call the Chair of the Women and Equalities Committee.

[Caroline Nokes]

I rise to speak to amendment 160, tabled in my name and supported by members of the Women and Equalities Committee, and other colleagues across the House. I will endeavour to be as brief as I can and I reassure everybody that the amendment is on the order paper for today.

I thank my hon. Friend the Minister for her comments on deepfakes. There has been a problem: someone like Taylor Swift can get a deepfake made using their image taken down very quickly, but for ordinary women, or indeed men, from across the UK, who are not famous and do not have a platform, it is very difficult to get deepfake imagery removed. I welcome the steps the Government are taking on that.

I thank the shadow Minister, the hon. Member for Stockton North (Alex Cunningham), for his comments about the amendment. I was not aware that the Opposition were planning to support it, so I thank him for that. I urge my hon. Friend the Minister to pay close attention to what I and other members of my Select Committee will say about the amendment. I recognise that the amendment comes at the eleventh hour, on Report, for which I apologise to my hon. Friend. The reason for that is specifically because of the evidence the Committee heard last week, both in private and in public, from victims of revenge porn.

I welcome the changes that have been brought in under the Online Safety Act to support victims of non-consensual intimate image abuse. However, from the evidence we heard, it is clear that the legislation, in its current form, does not go far enough. It does not give Ofcom the teeth it needs to effectively tackle the fast-spreading, uncontrollable virus that is non-consensual intimate image abuse. It does not force platforms to remove harmful content in its entirety, or require internet service providers to block access to it. In short, it does not make the content itself illegal. The sharing of it is illegal but, even if there is a criminal conviction, the content itself is not regarded as illegal content.

Last week, the Women and Equalities Committee heard from a number of survivors of non-consensual intimate image abuse. In sharing their experiences with us, they have spoken of the catastrophic damage the abuse has had on their lives, confidence and relationships. They told us of their fear of applying for jobs, meeting new people or daring to have any social media presence at all. With all their cases, there was a common theme: even though they had secured a conviction against their perpetrator, their non-consensual content continues to circulate on the internet. Despite relentless work by organisations, such as the Revenge Porn Helpline, to report the content and get it taken down, there is no legal obligation for platforms to remove it.

[Dame Maria Miller]

I thank my right hon. Friend the Chair of the Select Committee for making an excellent point, which supports the point I made earlier. If the Bill had a consent-based creation offence in it, that would outlaw the images that the people she is talking about find so difficult to get off the internet. Surely the Bill provides the opportunity to introduce a consent-based creation offence, rather than the current proposal that potentially provides lots of loopholes, particularly to online apps, to use intention to try to evade the long arm of the law.

[Caroline Nokes]

My right hon. Friend’s point is exactly right that the issue is consent. In my view, when images are non-consensual, they should be regarded in the same way as if the individual had been digitally raped.

There are also many thousands of cases where a conviction has not been achieved or even sought, where the victim just wants the content taken down or blocked. They too are being denied that peace of mind due to gaps in the current legislative framework. The amendment calls for non-consensual intimate photographs or film to be added to the list of “priority offences” in the Online Safety Act, thus making it “priority illegal content”. The amendment would ensure that non-consensual content, regardless of whether or not a conviction had been achieved, would be, by its non-consensual intimate nature, illegal. It would place duties on platforms to remove it, and require internet service providers to block access to non-compliant sites and platforms, including those hosted outside the UK.

That is precisely the way in which child sexual abuse material is handled. Children cannot provide consent and the adults in these images have not provided their consent for them to be taken, shared or both, so why should the content be treated so differently? Indeed, when the hon. Member for East Renfrewshire (Kirsten Oswald) put it to my hon. Friend the Minister during her recent appearance before my Committee, that adult content should be handled in the same way as child sexual abuse material, via a registry to identify, classify and therefore allow for the removal of non-consensual intimate images, the Minister said it would be “a very good idea”. In order to do that, we need to make the content illegal.

It is important to note that intimate imagery does not just refer to photos and videos that are sexually explicit. Indeed, as we heard from David Wright, chief executive of South West Grid for Learning, which runs the Revenge Porn Helpline, within certain countries and cultures, being photographed with an arm around somebody or being filmed without a hijab can have catastrophic implications for a woman. That is why it is so important that any legislative change uses the term “intimate”, not “sexual”, when referring to non-consensual content.

Last week, we heard evidence from Georgia Harrison, who famously was the victim of revenge porn perpetrated by her then partner, Stephen Bear, who later received a criminal conviction for his actions and was sent to prison. Georgia made the point repeatedly that what happened was like “a house fire”, because when the images went up they spread very quickly. The solution was to get them taken down as quickly as possible so that they would not proliferate. The Committee described it as being like a virus that spreads out of control. The issue is not just about Georgia Harrison or famous women who have a platform they can use to ensure their voice is heard.

We also heard from an anonymous victim of Operation Makedom. In that case, the perpetrator had many thousands of victims. He received a 32-year prison sentence, but that young woman is too afraid to have any sort of social media presence because she is terrified that her image will be seen and put through reverse image searches so she will be identified as a victim. Thousands and thousands of the Operation Makedom images still proliferate online and nothing can be done about that because the content itself is not illegal. It remains online and accessible for people in the UK, despite that 32-year prison sentence. That cannot be right. We will be letting down the victims of that abuse, and all other cases of non-consensual intimate image abuse, if we fail to act.

My final point to the Minister is that we also heard about the Criminal Injuries Compensation Authority and the fact that intimate image abuse is not on its list as a violent crime. When someone applies to the authority, expecting or hoping for some small nugget of compensation—a message in effect that they are a victim, they can put the blame and shame to one side, and they have been a victim of a criminal act—that is not even there for them. I have no doubt that is because the list of violent criminal offences was dreamt up many moons ago and intimate image abuse simply has not been added to it. It should be added to the list. As I said earlier, for a woman, or indeed a man, who has had their intimate images put online, circulated freely and proliferated all over the place, that is like digital rape. It is a rape that continues day after day, to be brutally honest, with no end in sight.

Those are the reasons why my Committee has tabled this amendment and why we urge Members to support it and give it serious consideration. I hope that my hon. Friend the Minister will be able to make some comments from the Dispatch Box that might indicate how the MOJ can incorporate such provisions into existing law. If the message coming back to me is that the content is already illegal, I must say that it is not. We must find better ways of getting it down from online platforms.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Liberal Democrat spokesman.

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[Laura Farris]

She has just popped out. She made an outstanding speech, which illuminated and identified yet more of the nefarious ways that child abusers find to conduct some of the most serious offences against children. She knows, as was clear in her constructive speech, that artificial intelligence raises unique problems. I agree without hesitation with the force of what she said, and about the identification of an offence as she has presented it. I recognise that it is our duty as parliamentarians to future-proof our legislation, and I thank her for her detailed work on this issue. I commit to working with her and to trying as best we can to get something ready for Report in the other place.

I pay tribute to my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) for the sensitive and thoughtful way in which he approached the Law Commission’s report and the issue of hate crimes, and for his new clause 32 to introduce protected characteristics to the Crime and Disorder Act 1998. Of course, I have read the Law Commission’s excellent report on this matter, and I can confirm that a response to it was always forthcoming this year. I want to make two slight qualifications that might explain some of the delay.

Many Members will be aware that the Law Commission did not recommend making sex a protected characteristic for hate crimes, and may remember that there was a campaign to make misogyny a hate crime, which the commission rejected. That required careful thought, because not all the protected characteristics have been treated in the same way. Another issue is the implementation of the hate crime legislation in Scotland, which has been both highly contentious and, I am afraid, somewhat chaotic. Of course, we wish to avoid replicating those mistakes. However, I want to provide reassurance by saying that our intention is to deal with this matter—subject to all the normal approvals—in the House of Lords, and I hope that my hon. Friend the Member for Carshalton and Wallington will come and work with me on it.

The other excellent speech that I want to refer to was that of my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). She alighted on two important issues—cyber-flashing and intimate image abuse—that are not on the priority offences list in schedule 7 to the Online Safety Act 2023. That is not because we did not consider them important or sinister offences—she will need no persuading, given everything that we have done on intimate image abuse, that the opposite is true. The fact is that they were not on the statute book, or certainly had not been commenced, when we passed the 2023 Act. I know that the Secretary of State is well aware of that, particularly in relation to both those issues. I know that my right hon. Friend is conducting an urgent review as we speak, and I am sure that, in the weeks ahead, I will be able to update her on where we are on this. I do not want her to think for a moment that we are dragging our feet.

[Caroline Nokes]

I appreciate that my hon. Friend is seeking to give me an assurance from the Dispatch Box, but it is perhaps not quite as fulsome as I would wish. She says that the priority offences register can be reviewed. It would be very helpful if we had a specific timescale by which the measures could be added. That would give reassurance to all victims that such images will be made illegal in their in own right, and that Ofcom and internet service providers will work together to take them down. We already have the criminal offence, so the perpetrators can go to prison, but the victims want the images—the repeat offence—to be removed from the internet.

[Laura Farris]

I listened very carefully to what my right hon. Friend said, and I agree with every single word of it. Some of this sits with the Department for Science, Innovation and Technology, as she knows, so I would need to have a conversation with the relevant Minister, but I feel as strongly as she does on this matter, and I assure her from the Dispatch Box that I will use my best endeavours.

The road traffic amendments, which I will talk about briefly, were beautifully presented during the Committee and again today. I have spoken a few times with the Members who tabled them, who are well aware that those matters sit with the Department for Transport. I understand that they have had engagement with the Department and that an important review of this issue has certainly been contemplated.

Angiolini Inquiry Report

Caroline Nokes Excerpts

Thursday 29th February 2024 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Women and Equalities Committee.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I would like to associate myself with the remarks of others—my thoughts are also with the Everard family.

This report tells us that the environment did nothing—nothing—to discourage Couzens’ misogynistic view of women. We know that not every flasher becomes a rapist, but we also know that every rapist starts somewhere. I respectfully say to my right hon. Friend that, of course, there have been good changes with regard to criminal justice and longer sentences for the most violent and the most serious offences, but that is too late. We have to intervene in the offending journey.

Last week, my Committee heard from Deputy Assistant Commissioner Stuart Cundy, a man who has taken on a really difficult job, overturning those stones in the Metropolitan police and turning up at 1,600 instances of officers with at least one allegation of a sexual offence or domestic violence—1,600. Can my right hon. Friend give us an assurance today that he will give more power to Stuart Cundy’s elbow, so that we get rid of these individuals from our police service?

[James Cleverly]

My right hon. Friend is absolutely right. When I talk about that cycle of confidence, women need to see that when these crimes are reported, they are investigated and the perpetrators are brought to justice. Only then will they feel confident in coming forward. These are serious offences; they are not trivial. She is right to say that not everyone who is a flasher, not everyone who has made unwanted and inappropriate sexual advances to women, goes on to become a rapist or a murderer. None the less, the more people who are dissuaded from that behaviour because of swift and professional criminal justice, the more people we can prevent from getting to those later stages. That is why this is so important. That is why that cultural change needs to be driven through the whole system. A number of the Angiolini recommendations are for Departments other than the Home Office and for public bodies outside Government—all of us have to take this incredibly seriously. This is a whole of society approach, and that will remain the fundamental philosophy that I use to underpin the work of the Home Office in this area.

Security of Elected Representatives

Caroline Nokes Excerpts

Thursday 29th February 2024 Commons Chamber

[Tom Tugendhat]

May I likewise thank the hon. Lady for the approach that she and many Members of her party have taken? She is right about Police Scotland funding. Any extra requirements, and the Op Bridger network, which applies, as she knows, across the whole United Kingdom, will be funded centrally to ensure that Members of this House get the same support. Police Scotland will have access to the same funding as other forces across the United Kingdom.

The hon. Lady is absolutely right about candidates. The message has to be clear from us. We have seen a level of threats of violence towards Members of this House and elected individuals, including various Mayors, across the United Kingdom in recent years, but this job is still a huge privilege. We need to put it clearly: many of us realise the privilege of serving our constituents, and having our voices heard here and, as a result, around the world. That is a huge privilege and a rare honour for anyone to achieve, and it is worth striving for. It is one of the best ways that any of us, whatever our opinions, can serve our communities and help to make this country and, I hope, our world a better place. It is true that there are threats, and we are organising, as the hon. Lady recognises, extremely carefully to mitigate and reduce them, so that anybody can stand for election free from fear. I urge people who feel that they have something to offer our country to put themselves forward, to test their ideas in debate and at election, and to come and serve our country here on the green Benches.

On the hon. Lady’s question about balance, if she will forgive me, I will not go into the details, but I can assure her that I am not particularly bothered whether someone’s fascism comes from some weird form of nationalist extremism, or religious extremism, or political extremism of any kind—I don’t really care. If you threaten Members of this House, threaten democracy and threaten the British people, we will go after you. We will get you, and you will be detained.

[Caroline Nokes (Romsey and Southampton North) (Con)]

My right hon. Friend is absolutely right that this is about defending democracy, but I am very concerned when we start talking about risk. The shadow spokesman, the hon. Member for Barnsley Central (Dan Jarvis) spoke about having to have the right protections in the right place at the right time. We know that women, people of colour and LGBTQ Members will be at most risk, but none of us could have predicted that a man who was most famous for campaigning to make Southend a city, and Jo Cox, who spoke in her maiden speech about our having more in common, would be the individuals targeted. I urge some caution, particularly when it comes to hustings and to the involvement of weird conspiracy theorists in politics who openly incite division, whether out on the street, in our constituency surgeries or in this House. [Hon. Members: “Hear, hear.”] We need to make sure that we have protections against them as well. There is the question.

[Tom Tugendhat]

My right hon. Friend has made her point extremely clear, and it is one I would support.

Tackling Spiking

Caroline Nokes Excerpts

Monday 18th December 2023 Commons Chamber

[Laura Farris]

I will come back on two or three of the hon. Lady’s points.

First, on the hon. Lady’s observation that few such cases result in a charge, if I may correctly her gently, the principal reasons the police have given for that are: too few people coming forward in the first place, which we hope this legislative change will address; the narrow window of time in which a urine sample can be accurately tested, which is one reason why we are funding further research into rapid, on-site testing; and the difficulty in establishing who is doing the spiking. Simply, the difficulties that we have identified and spoken to the police about come at every level in the process. We are changing the law to make spiking crystal clear so that public confidence is improved and victims feel encouraged to come forward, because that is the first bit of the jigsaw.

Secondly, on the scale of our response, from the bouncer on the door of the club in the small town to the statute book, we want to change the response to spiking at every level. Whether it is a question of a friend reporting an incident, a victim coming forward, a test being done more rapidly, or the police having any doubt about which of the provisions under statute apply, it will be crystal clear.

Thirdly, the hon. Lady talked about developing an accurate picture of where spiking takes place and how we develop the response accordingly. That is the focus of the reporting tool, which a member of the public can use to report an incident of spiking even if they are not affected and it appears to have happened to someone at a table on the other side of the room. The tool will enable the police to develop an accurate picture—some of which we already know, some we are less clear about—to see the extent of it, where it happens and how we can focus resources.

[Caroline Nokes (Romsey and Southampton North) (Con)]

My hon. Friend will know that last week there was a debate in Westminster Hall on this subject. Afterwards, I spoke to Dawn Dines at Stamp Out Spiking and had an email from Colin Mackie of Spike Aware, who made the point that none of us had mentioned vape spiking. That was our omission, and I am pleased that this afternoon it has not been the Minister’s, as she included it. We need a 21st century solution to 21st century crime.

Could the Minister expand a little about perpetrators? We know that spiking is done for a variety of reasons: perhaps to effect a sexual assault, physical assault or robbery; or just for entertainment, particularly to humiliate individuals. What other steps are the Government taking alongside this legislative clarity—which I welcome—to ensure that those people who still think it is okay to humiliate, embarrass and assault women get a clear message that it is culturally unacceptable?

[Laura Farris]

I thank my right hon. Friend for her typically wise question. She is right to mention the vape issue, which I was not previously aware of. That proves the point that whatever legislative changes we make will have to be fit for the future and envisage how the crime might evolve and develop over time. She makes a good point about perpetrators. That was exactly what Thames Valley police told the Home Secretary and me on Friday: a critical part of the VAWG strategy that it and the police nationally focus on is perpetrator behaviour. As part of licensing conditions, the police increasingly work with bar staff, who make a note to establish who is behaving in a certain way in the bar, and who is often on their own or looking to isolate people. Using CCTV can be a critical first step in the police identifying the perpetrators, where they are working, which locations they frequent and who poses the greatest risk to women in a local community.