(6 months, 1 week ago)
Commons ChamberUnlike most Members present, I am not an expert on security. We in this House often have to be generalists. We are here to participate in debates, to understand legislation and to raise concerns where we see them. Like all Members who have spoken before me, I would like to put on the record my deep gratitude to our security services; I regard them with the highest respect. We all regard them with the highest respect and within that there is a slight danger: we respect them and admire their work so much that we are almost always going to grant them what they want. That is a danger, because our duty is to scrutinise what people want and, as the right hon. Member for North Durham (Mr Jones) has just said, not to create trouble but to raise questions of concern. I know these questions of concern will be well received by the Minister on the Front Bench, who thinks deeply about these matters and is also a good friend of mine.
I will be brief because we are coming to the end of the evening, but I want to look at clause 15 and internet connection records. The general rule of investigation is that suspicion precedes surveillance, so if there is good reason to believe that someone is up to mischief, we can start to look at them more closely; we can conduct surveillance to see if our concerns are factually based. The problem with the recommendation in clause 15 is that it allows for target discovery as opposed to target development. If I have got this wrong, I am happy to take an intervention, but what target discovery means to this layman of security matters is possibly going on fishing expeditions—just looking out there to see what is going on and processing enough data on enough people. As my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) said, people who are perfectly innocently going about their business will get caught up in this data-processing machine just to make sure they are not up to anything nefarious, dangerous or unpleasant. That causes me some concern.
I do want bad people to be caught—I benefit from the capture of bad people; my constituents benefit from the capture of bad people—but surveillance always needs to be proportionate and risk-based, as the hon. Member for Wallasey (Dame Angela Eagle) said in her speech. Freedom is important. One of the most ridiculous constructs in the English language is “Nothing to hide, nothing to fear”, because if people saying that genuinely believed it, they would not have any curtains in their home.
The truth is that we like to think that we have private space in which to operate and go about our legitimate business without the state taking a view that we are up to mischief or might be up to mischief. I know that point was touched on in previous speeches. I think the Chairman of the Committee, my right hon. Friend the Member for New Forest East (Sir Julian Lewis), who is also a good friend, touched on it. Sometimes it is difficult to keep up with experts, but he made it clear that the Committee has concerns about these new powers.
I said I would speak briefly, so I will just close on this point. There are people in this country who like to protest and, frankly, often get in the way of other people, but what they are doing is not illegal. I would hate to think that people within those organisations might end up having their internet records checked out, just to make sure that they were being good citizens. I remember that during the debates on covid-19 perfectly respectable, hugely respected scientists and respected Members of this House were raising concerns about Government policy on lockdowns. I am not saying that the security services were keeping tabs on their interventions, but we know from subject access requests that people in Government were keeping tabs on these people, as if what they were doing was against the interests of the state. That is why I raise my concerns about the clause. I hope the Government will bring forward amendments, but if they do not, I hope they will not be too offended if I perhaps bring forward some amendments on Report.
(1 year, 5 months ago)
Commons ChamberThank you for your guidance, Mr Deputy Speaker: I just wanted to be clear.
I have some sympathy with the points made by the hon. Member for Northampton South (Andrew Lewer), although clearly the ability of people to go about their lawful business at work, including clinicians, administrative assistants and women going to have procedures, must be protected. I am not convinced that his amendment (a) would achieve an absence of harassment, so I will not support it and the House should not do so either.
I have some sympathy with the points the hon. Gentleman made, however, because the whole Bill is an assault on British liberty. That is the central point, and I will illustrate it in several ways later in my speech. This is an extraordinary Bill. It will hand unprecedented, draconian powers to the repressive arms of the British state, but we have been given only three hours to discuss it. The debate on protecting people going for abortions could take three hours in itself, but we are faced with a series of amendments that were debated in the Lords over days. We have been given three hours, and that is outrageous. Why have the Government provided so little time to discuss these matters, some of which go back a thousand years in English history?
Lords amendment 6 deals with stop and search without suspicion. The police will be granted the power to intercept people who are not even suspected of committing a crime. That is an extraordinary power after more than 1,000 years of the struggle by the British people for a state that protects our liberty. Several of those who spoke in the debate in the other place said that the only comparison they could think of was in the laws that were passed against terrorism. Protesting about injustice is not terrorism, and to conflate the two is a mistake. I have not heard the Government make the case for that, and I will be interested to hear what they have to say. The police have said that they do not want these powers, and previous members of the judiciary in the Lords said that they were concerned about how the Bill could be interpreted.
The Bill as it stands will lead to a further breakdown in confidence between the police and other parts of the state on the one hand, and communities on the other. One example is the Sarah Everard case, where police moved in to prevent what was effectively peaceful and justified protest. That led to a major breakdown in confidence in the Met, although that was already in process because it was a serving police officer who had committed the crime. The police used the covid rules that were then in place, the appropriateness of which had been debated in the House.
I am sympathetic to what the hon. Gentleman is saying, and I support him in his cause this afternoon, but the arrests in the Sarah Everard case were made because, shamefully, this House had banned the right to protest.
That is the point I was just making, and I thank the hon. Gentleman for repeating it.
The police used the covid rules, which had been passed by the House, possibly regrettably. But under this Bill, the police will need no excuse whatever, because the law will allow them to arrest people even if there is no suspicion of any kind. It is quite extraordinary to see a clause in a Bill brought before this British House of Commons proposing that people can be intercepted by the police on no suspicion whatsoever.
It is a pleasure to follow the right hon. Member for Haltemprice and Howden (Mr Davis). Our view remains that, despite the best efforts of the other place, the Bill continues to represent a draconian and utterly unjustified attack on protest rights. It is fair to acknowledge that the Government have given some ground, but it is far from enough, so we will vote against a number of the Government’s motions to disagree.
Let me deal first with no-suspicion stop and search, in clause 11. It is horribly ironic that as part of a Bill which the Home Office claims—unconvincingly—is designed to tackle “dangerous and highly disruptive” tactics, the Home Office itself is turning to one of the most dangerous and highly disruptive police tactics: suspicionless stop and search. It is a tactic that achieves next to nothing, yet causes considerable harm, including shocking racial disparities—a fact which I do not think the Government have properly acknowledged during the course of the Bill’s passage.
The profoundly negative impact of stop and search on individuals and on community faith in the police came across loud and clear to me as a member of the Home Affairs Committee when we heard evidence as part of our “The Macpherson Report: Twenty Years On” inquiry. Nobody with reasonable knowledge of the Macpherson report, numerous subsequent inspection reports, or the Home Affairs Committee report could responsibly think that expanding no-suspicion stop and search is a sensible way to go, or the answer to any of our problems. Our Committee report warned of the dangers of such search powers resulting in injustice and undermining the legitimacy that is fundamental to the model of policing by consent. In doing so, we echoed earlier inspectorate reports and the words of the former Home Secretary, the right hon. Member for Maidenhead (Mrs May), who in 2014 spoke about the huge damage done to the relationship between the police and the public when innocent people are stopped and searched for no good reason.
Similarly, when looking at the Bill, the Joint Committee on Human Rights—we will hear from its Chair, my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), shortly—objected to these powers. We fully support the Joint Committee’s conclusions on the inherent risk of arbitrary and discriminatory use, and the point that post-exercise accountability is simply not enough. The Committee rightly highlighted that such powers have been used only for really significant and serious offences, such as terrorism or serious violence. Now, the Government want to use them for non-violent activities that are only just now being made criminal offences. The question is: what comes next? It is a very, very slippery slope and a totally inappropriate use of such powers.
The trigger for the powers is also ridiculously low: it could be the possibility that someone somewhere is seriously annoying or inconveniencing somebody else—the public nuisance offence—or that somebody somewhere could lock on to a fence or a gate in a way that is capable of causing more than minor disruption to two people. Suddenly, the whole neighbourhood can be searched in the name of stopping that serious annoyance or the more than minor disruption for two people. The right hon. Member for Haltemprice and Howden quoted the police officer who told His Majesty’s inspectorate that
“a little inconvenience is more acceptable than a police state”.
That is absolutely spot-on. In short, it is a totally ludicrous proposal of dubious consistency with human rights law. It is similarly ludicrous and disproportionate that the penalty will put at risk of imprisonment completely innocent people who simply challenge an officer over an asserted use of a blanket power. That is a dangerous road to go down.
Turning to serious disruption prevention orders, we acknowledge again that the Government have come some way in diluting these highly objectional orders made otherwise than on conviction, but we remain of the view that the whole idea of SDPOs is utterly Kafkaesque and threatens an unjustified infringement on the right to protest of huge numbers of people each and every year. We support the critique provided by Lord Anderson in the other place. It is not long since terrorism prevention and investigation measures were reluctantly introduced, which see significant infringements of a person’s liberty without the use of a criminal court to protect the public from a risk of terrorism. Recently, this House gave cautious support for state threat prevention and investigation measures, but the application of similar ideas, not for the purposes of countering terrorism or espionage, but in the field of protest, is utterly disproportionate and unnecessary. The nature of the SDPO is less defined and lacks similar oversight, limitations or protections compared even with TPIMs or STPIMS, and that is extraordinary. The possibility of a prison sentence for a breach is ridiculous, and the trigger for the imposition of an SDPO is many times lower. Again, the question is: where next? It is a slippery slope indeed. The police do not ask for these powers, and the whole notion should be removed from the Bill.
Finally, we support new clause 1, which seeks to clearly define the meaning of serious disruption and put an appropriate threshold on it. That definition is crucial for a number of other offences and powers. The Government amendment in lieu puts in place so low a threshold that we would prefer no definition at all. If this Government want serious harm simply to be “more than minor”, that triggers all sorts of crazy and unacceptable consequences. Crimes could be committed simply because two people or an organisation had to face moderate or even moderate to minor disruption. Frankly, it is such a wishy-washy low bar that the Bill would be better off with no definition at all. Our view remains that this whole Bill is rotten, overblown, unwelcome and a dangerous threat to human rights, perhaps a bit like the Government themselves. It is a dreadful attack on rights, and it is also dreadful that the constitution allows it to happen. Anything that waters it down is welcome, but in reality the whole Bill should go altogether.
I rise in support of Lords amendments 6 and 20 and to urge the Government not to strike them out. I received some excellent briefings, as many hon. and right hon. Members did, from Big Brother Watch and Liberty, supporting the arguments that will be made this afternoon as to why Lords amendments 6 and 20 should be retained, but actually I found an even better briefing in support of those amendments, and it was provided by the Whips Office.
In “Chamber Brief: Public Order Bill”, the Whips make the best argument possible for retaining these two amendments. If I may, I will just quickly read it out. The brief states:
“Lords amendment 6 removes clause 11: power to stop and search without suspicion from the Bill.”
That sounds an outstanding thing to do. It continues:
“This would mean senior police officers would not be able to give an authorisation allowing a constable in uniform to conduct a suspicion-less stop and search of a person or vehicle”.
That sounds excellent. I do not want suspicion-less stop and searches. It sounds extraordinary that anyone in this House would support suspicion-less stop and searches. In fact, I am surprised that the Whips in my party are requesting colleagues to strike out Lords amendment 6 in relation to suspicion-less stop and searches. When I am going about my business, I do not want to be stopped by a police officer and asked about my business. When I say to the police officer, “Why are you stopping me?”, it seems pretty odd that they can say, “I have not really got a reason to stop you, it is just that I can.”
The Whips’ brief, or the Government’s brief passed through the Whips Office, has a wonderful bit of doublespeak at the end of the paragraph. It states:
“Removal of this clause from the Bill reduces the tools available for the police to use when responding to serious disruption and the Government cannot support it”.
The police do not have these tools yet, so how can the amendment reduce the tools available? That does not make any sense at all.
In promoting their position that Lords amendment 20 should be struck out, the Government say:
“Lords amendment 20 removes clause 20: serious disruption prevention orders made otherwise than on conviction entirely from the Bill. This would mean that an order could not be made by a magistrates court on application by a relevant chief officer of police. It is important that the police have the power to seek an order on application, rather than solely at the point of conviction.”
I understand that, when someone is convicted, the police might have a point of view, but to begin placing restrictions on people before they have been convicted of any crime strikes me as somewhat unBritish.
There is some factual confusion about this, and I am grateful for the opportunity to clear that up. In the other place, the Lords made an amendment to clause 19, which said that the orders could be made without a conviction. The Government accept that amendment—we do not seek to overturn it—and we accept that a conviction is required before an SDPO can be made. Clause 20 is rather misleadingly titled, because it implies that an SDPO can be made without a conviction. If Members read the clause, however, they will see, now that we have accepted the amendment to clause 19, that it applies to circumstances in which there has been a conviction and the police wish to apply to the court for an SDPO at a later date, which will still be after a conviction has been made, so we have conceded the point that my hon. Friend is making. It is rather confusing because the title of clause 20 is a bit confusing, but we have conceded that point.
The Minister is quite right—that describes exactly what the Government are doing—but he has left out one thing: the conviction is up to five years before. Usually in British law, convictions are spent after a certain period. Non-violent convictions are all spent after one year, but the conviction for causing a nuisance will last five years.
We are so lucky to benefit from my right hon. Friend’s wisdom, which has been built up over a 30-year period, and I thank him for making that important point.
I know that you want Members to make brief contributions, Madam Deputy Speaker, so I will conclude. We are at this point, because we criminalised protest during the covid pandemic, and the Chamber did not push back when the Executive did that. We are paying the price. It is all very well being wise after the event. I have always believed that protest was a right, but I was mistaken because rights cannot be taken away from people. Actually, protest is a freedom, and we discovered that during the covid pandemic, when people up and down the country gathered in small town centres and village squares to protest at the restriction on their freedom, perhaps to earn a living as artists and performers. They were often rounded up by the police and arrested. At the time, many of us warned that once this poison was in the country’s bloodstream it would be difficult to get it out. I am deeply disappointed that the Chamber went missing in action for so long. We allowed the Executive, as I say, to get away with appalling abuses of our unwritten constitution, and we are now paying the price for that. I do not think that we should do that, and I will certainly vote against the Government’s attempts to strike out the Lords amendment.
There is lots to consider today. I share the concerns that have been expressed about things like stop and search and locking in. Those things go too far. I want to concentrate on Lords amendment 5, which would introduce an
“Offence of interference with access to or provision of abortion services”,
which is a perfectly sensible thing to do. The Lords, particularly the Conservative peer, Baroness Sugg, have done a great job in tackling what are called, rather clunkily in clause 9, buffer zones, and making them into safe access zones. I therefore urge colleagues to support Lords amendment 5 unamended tonight.
Were it not for the actions of anti-choicers, the amendment would not be necessary at all, but something must be done when, every week nationwide, 2,000 women seeking lawful medical treatment find themselves impeded on their way to the clinic door by unwanted individuals. Now, those individuals would not call themselves protesters; they may just be silently holding a sign, lining the pavement with images or holding rosary beads, but given the slogans on those signs, and the ghoulish images of foetuses, and given that the whole intent of all of that is to shame these women, guilt trip them and stop them exercising their bodily rights—
Does the shadow Minister agree that this provision is extraordinary, because there is often disruption around the Houses of Parliament when there is a protest and people march around Parliament Square and up to Trafalgar Square? That is a disruption, and is more than a minor disruption, but it is the type of disruption that most people in a free and democratic society can live with.
The hon. Gentleman has made many good points already this afternoon, and I entirely agree;
“more than a minor degree”
is way too low a bar to allow these interventions. Many Members and many watching the debate would have fallen foul of this law.
The amendment is drawn so widely that it is almost meaningless. As the hon. Gentleman said, when there are protests on Whitehall, near Parliament Square, there can be large crowds, and banners and speeches, so they are noisy. In 1 Parliament Street, where my office is, we have to shut the windows, which is irritating, but we are not hindered to the extent that we expect police interference. There are so many scenarios that could come under the scope of this definition that would render it ludicrous.
If I chain myself to a tree to protest at a new road and a couple of people are unable to cross a road to go to the supermarket, is that more than a minor disruption, or not? We have to remember that serious disruption, however it is defined—and I argue that here it is defined without any legal certainty—does not have to happen for offences under the Bill to be committed. This sloppiness and breadth of drafting is unacceptable, and the police do not want it. They just want clarity, and this will not bring clarity.
Turning to suspicionless stop and search, the Government have tabled a motion to disagree with Lords amendment 6. The motion would reinsert wide-ranging powers for the police to stop and search anyone in the vicinity of a protest, for example shoppers passing a protest against a library closure, tourists walking through Parliament Square, or civil servants walking to their office. If there is a large crowd in Parliament Square and a tourist gets caught up in it, they could be stopped; they could have no idea what is going on, and would be an offence to resist.
Stop and search is disproportionately used against black people in this country. Do Members on the Government Benches really want to pass legislation for powers that risk further damaging the relationship between the police and our communities? Instead of actually targeting serious gun crime, serious knife crime or terrorism, the Government are choosing to focus on stopping and searching people who may or may not be taking part in a protest. That is not proportionate.
Former police officers have warned that these powers risk further diminishing trust in public institutions. That will put the police in a difficult position, and it risks undermining the notion of policing by consent. Members of the other place were right to remove the powers to stop and search without suspicion, and the Government are wrong to put them back in.
We agree with what the Government have done with regard to the journalists clause and amendment (a) in lieu of Lords amendment 17. The right to protest is a hard-won democratic freedom that many have fought for in our history, and many are fighting for it in other parts of the world. A free press is another hallmark of our democratic society. The amendment will not prevent the police from responding to someone who is causing trouble and happens to be a journalist, but, crucially, it will allow reporters to observe and report to the wider public about the happenings of a protest. Considering the scope, breadth and low bar of most of the powers in the Bill, reporting on their potential misuse or wrong application is even more important. That is a power that must be protected, so we welcome the Government’s amendment in lieu of Lords amendment 17.
We are fundamentally against the principle of serious disruption prevention orders. We do not agree with them on conviction and we certainly do not agree with them not on conviction. The Government have tabled a motion to disagree with Lords amendment 20 and tabled their own amendment in lieu. That reinstates but limits the ability to apply an SDPO to someone without a protest-related conviction. We welcome the fact that the Government have accepted that their initial draft was overreaching and unnecessary. However, we do not support the five-year conviction compromise that they suggest. Problems remain, in that police could still apply for a SDPO to prevent a person from carrying out activities that are merely likely to result in serious disruption to two or more individuals or an organisation. The Met police commissioner said that
“policing is not asking for new powers to constrain protests”,
but SDPOs on conviction unfortunately remain in the Bill. An SDPO treats a peaceful protestor like the Government treat terrorists. Does the Minister really want to treat peaceful protestors, however annoying they may be, as serious criminals?
On buffer zones, the Opposition do not agree with amendment (a) to Lords amendment 5. It is important to remember that we have already voted on this issue in this place. We voted to introduce buffer zones and in the other place the Conservative peer Baroness Sugg did a very good job of tidying up the Bill. We have already voted in both Houses to introduce what we now call safe access zones. Lords amendment 5 is really important, creating a 150-metre safe access zone around abortion clinics to stop the intimidation and harassment of women and healthcare professionals. The proposed changes to the amendment would risk preventing people from getting the medical support they need.
(1 year, 10 months ago)
Commons ChamberI will come to new clause 11 shortly, and express my support and our support for that new clause. We have supported it many times in many different forms through many different debates.
The Labour party, last April, called for greater injunction powers following the disruption by Just Stop Oil, when millions of people could not access fuel. We argued that the raft of existing powers could be used more effectively. We suggested injunctions because they are more likely to prevent further disruption to, say, an oil terminal than more offences to criminalise conduct after it has taken place, with all the added costs and logistics of removal. Injunctions are more straightforward for the police, they have more safeguards as they are granted by a court, and they are future-proof when protesters change tactics.
Police officers have told us that some of the most effective measures they use in the face of potential serious disruption are injunctions. The National Police Chiefs’ Council protests lead, Chris Noble, said that
“they can be very useful in terms of what we are trying to control and how we are trying to shape…behaviour.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 8, Q7.]
In Kingsbury with Just Stop Oil and on the M25 with insulate Britain, people were arrested, removed and charged for breaching injunctions.
We introduced a new clause in Committee to bring what is known as the Canada Goose case into law. The Canada Goose case allowed injunctions to be taken out against persons unknown. This means that when groups of protesters form outside, the applicant does not have to know all their names or the names of people who may come in the future. Sadly, in Committee, the Government voted against our injunctions new clause. They said it would not create meaningful change.
The Government have since had a change of heart, however—another U-turn from the Government—but our suggestions for injunctions are still not being supported; they have introduced their own in new clauses 7 and 8. We believe these new clauses are flawed in several ways. First, there are some drafting problems, and lawyers we have spoken to are unclear on what the legal basis of an injunction would be. Secondly, we have concerns about placing the responsibility and power in the hands of the Home Secretary. Thirdly, we have concerns about where the burden of cost will fall; at a very difficult economic time, the Government can through this Bill shift financial responsibility from the private sector to the public sector, and that needs to be looked at.
In Committee, we heard evidence from HS2, who were in the process of applying for a route-wide injunction to protect their sites from serious disruption. This has now been granted by the High Court. The documents detailing the High Court decision show that the judge granted it partly on the basis that it satisfied the requirements of the Canada Goose case, the guidelines set by the Court of Appeal. Our new clause 4 puts on to the statue books the Canada Goose case law principles. Surely the Minister does not oppose principles set by the Court of Appeal; why does he not look again at Labour’s sensible amendment to tackle serious disruption?
Our new clause 5 seeks to make a simple but important change. The Police, Crime, Sentencing and Courts Act 2022 contains a definition of serious disruption—after we called on the Government to define it as they had not done so originally. That definition includes “noise generated by people”. We want that definition removed, so that when the police are deciding what constitutes serious disruption, they cannot do this on noise alone. We have all debated this many times in the House and I will not repeat the arguments we have made. Instead, I will quote the current Foreign Office Minister, the right hon. Member for Hereford and South Herefordshire (Jesse Norman), who said in a letter to the previous Prime Minister:
“No genuinely Conservative government should have supported the recent ban on noisy protest—least of all when basic human freedoms are facing the threat of extinction in Ukraine.”
We agree with him and tonight the Government have the chance to do so too and to right that wrong. Surely, the Prime Minister, fixated supposedly on freedom, would want to defend the right to chant and sing at a protest, just like she did as a child against the party she now leads.
Since we now have a new Home Secretary, perhaps these words from the right hon. Member for Maidenhead (Mrs May) are worth her also bearing in mind:
“It is tempting when Home Secretary to think that giving powers to the Home Secretary is very reasonable, because we all think we are reasonable, but future Home Secretaries may not be so reasonable.”—[Official Report, 15 March 2021; Vol. 691, c. 78.]
That has never been more the case than now.
This Bill gives the police wide-ranging powers to stop and search anyone in the vicinity of a protest: for example, shoppers passing a protest against a library closure, tourists walking through Parliament Square, or civil servants walking to their desks in the Cabinet Office. But these far-reaching powers to stop and search without suspicion go too far. We know the police will not feel comfortable using them—we have spoken to several who have said the same—and in an area of policing already prone to disproportionality, they represent a disproportionate way of preventing what is in the vast majority of cases a minor public order offence at most.
In the same way, a serious disruption prevention order, also introduced in this Bill, treats a peaceful protestor, who in some instances will have committed no crime, as if they were a terrorist. Is that what the Home Secretary really thinks? Does she really want her Government to be responsible for treating peaceful, if admittedly annoying, protestors like serious criminals? The SDPO is draconian, preventing people from going to places and seeing people when they have not even committed a crime. And we must remember that to be eligible for an SDPO, serious disruption does not even need to have occurred; as the Bill states, I could be given an SDPO if I helped someone else do something which was
“likely to result in, serious disruption to two or more individuals”.
The phrase “likely to result in” amounts in real world terms to absolutely nothing, and just two people being required to experience, or being likely to experience but not actually experiencing, serious disruption is too low a bar.
On new clause 11, everyone has a right to access healthcare without fear of intimidation. The same principles applied when we had debates in this place about buffer zones—public space protection orders—outside vaccine centres when there were protests against people having their vaccine. Access to healthcare is a fundamental right and we must safeguard it. Many Members have been making this argument for many years in many different ways. The shadow Home Secretary has been calling for it since 2014. I have only been in Parliament since 2017 and we debated it in the Police, Crime, Sentencing and Courts Act 2022 and we do it again now. The Minister has the opportunity to do some good here; I think there is agreement on that on both sides of the House.
We all agree that the disruption we have seen from the small groups of hard-line protesters is unacceptable, whether blocking ambulances or stopping people getting to work for long periods of time, but our job as legislators is to come up with proposals that will actually help. It is our jobs to be grown-ups. This Government have created a piece of legislation that is disproportionate and threatens our unique model of policing by consent. In the evidence sessions, Sir Peter Fahy, a very well-respected former chief constable, spoke to us about the British style of policing. He said that we do not live in France or any other country with a paramilitary aspect to their policing and that
“in our policing system…policing is by consent… There would need to be a huge shift in the public mood and I think British policing is not really set up and does not have the mentality to use the degree of force that you see in other countries.
People do not realise that we are pretty unique...that is the British style”.––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 62, Q122.]
The Government would do well to listen to Sir Peter’s warnings. They are undermining that style of policing and upsetting that careful balance between the police and the people, and the fine line between being popular and populist. We are not the French. At a time when the economy is crashing and inflation is soaring, Ministers are choosing to spend precious parliamentary time trying to create political and cultural dividing lines, to chase headlines instead of actually finding sensible and workable solutions. The Government should rethink this flawed legislation.
Over the past few days I have been accused of being tired, emotional, erratic, and, just to put the record straight, I am all of those things and more. I want to be clear: unlike some Members in this Chamber, I have no time for those people who block roads, throw soup, and make a general nuisance of themselves. They are agents against their own interests, as they repel normal ordinary people. Having said that, serious disruption prevention orders are not the answer. They leave me absolutely cold; in fact I would go so far as to say that they are absolutely appalling because there are plenty of existing laws that can be utilised to deal with people who specialise in making other people’s lives miserable.
I know there is a convention here that we do not read lists, but I hope, Madam Deputy Speaker, that I will be allowed to read a very short list just to set out the laws that already exist and have been covered by colleagues: obstructing a police officer, Police Act 1996; obstructing a highway, Highways Act 1980; obstruction of an engine, Malicious Damage Act 1861—we all remember that one —endangering road users, Road Traffic Act 1988; aggravated trespass, Criminal Justice and Public Order Act 1994; criminal damage, Criminal Damage Act 1971; and public nuisance, the Police, Crime, Sentencing and Courts Act 2022. There are also other laws. There is the Public Order Act 1986 that allows police officers to ban or place conditions on protest.
So the Government’s attraction to SDPOs demonstrates our own impotence as legislators and the impotence of the police as law enforcers to get to grips with the laws already in place and to enforce them. This is what we do now in politics: we have these machismo laws where something must be done, so we go out and do it, and that makes a good headline in The Daily Telegraph and The Times, but we do it and then very little happens, or if it does happen it is way over the top.
My hon. Friend rightly compliments the police for routinely arresting and charging those who are responsible for wrongdoing. Does he agree that it is not an acceptable circumstance where 460 individuals have been arrested a total of 910 times for Just Stop Oil protests and that there is a difficult point of cumulation that we must accept?
I thank the Minister for his intervention, because I am now warming to my task to nail a stake through the heart of this nonsense that we are debating. [Interruption.] It is absolute nonsense, Minister. For the benefit of Hansard, that is what the Minister said from a sedentary position. I would just say this. There is the idea that in this country we will ankle-tag someone who has not been convicted in a court of law. Those Chinese in their embassy will be watching that closely at the moment—they might actually be applying for some of this stuff once we have passed it in this place, as I suspect that we will.
Now I am getting tired and emotional. I say this to the Minister. During the covid lockdowns, when we banned protest, I warned that we would get to this point and that once the Government and politicians were emboldened by placing restrictions on a right and turning it into a freedom, they would not stop.
The hon. Gentleman is making a fantastic speech that is being admired on both sides of the House. I wonder if he might be concerned that somebody could say that warnings on Radio 4 that the Conservative party might end up smaller than the SNP after the next election would be conducive to public disorder. Does he fear in any way being prosecuted himself as a result of that?
The Conservative party is the architect of its own misfortune, and we must deal with that and respond to it, so I will not be tempted down that track by the hon. Gentleman. All I will say is that this is as unconservative as our Budget a few weeks ago. This is not what the Conservative party does. We believe in proportionate laws, like we used to believe in sound money. I will therefore be joining hon. Members from across the House in voting against this piece of legislation.
As I said a moment ago, I warned, over a pint of milk—the metaphor that I used—that our right to protest was being eroded. Now, we are crying over spilt milk.
I rise to speak to the new clauses tabled in my name and those of my hon. Friends the Members for Walthamstow (Stella Creasy), for Vauxhall (Florence Eshalomi) and for Battersea (Marsha De Cordova), the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the hon. Member for Glasgow North East (Anne McLaughlin) as well as all those amendments that stand against this fundamentally flawed Bill.
One of my motivations for my new clauses was the fatal police shooting in my constituency of Chris Kaba, an unarmed black man, which sent shockwaves through a traumatised community. I offer my condolences to the Kaba family, his friends and his community. I will not say more for risk of sub judice, especially since an inquest is ongoing and the Independent office for Police Conduct is conducting a homicide investigation and considering whether race was a factor in his shooting. I am sure that everybody across the whole House will agree that a just society is one in which your race does not determine whether or not you are over-policed as a citizen and under-policed as a victim. But with a Government who seem hellbent on ramping up policing powers and presiding over worsening inequalities, it is clear that there will be an uphill struggle to realise that vision.
The Bill contains a significant expansion of police powers, including measures that the Government already attempted to put into the Police, Crime, Sentencing and Courts Act 2022. Those measures were opposed in the other place, so I do not understand why they are trying to bring them back. That is one reason why new clause 15 states that there must be a public inquiry into the policing of black, Asian and minority ethnic people. New clause 16 would require an equality impact assessment of the Bill. Yet again, we are having to ask that the Government respect that equality is the law and do not propose legislation that clearly infringes on the rights of minoritised groups.
I have lots of Members to cover, but I will of course give way.
The Minister is his usual charming self, but what we are talking about is putting ankle tags on people who have not been convicted of any crime. That just does seem way over the top.
That would be a decision made by a court in very specific circumstances, and I do trust our courts to take appropriate action. They can only do so on the weight of evidence, and they are very used to taking these decisions. After all, there is a tried and tested process whereby injunctions can be sought and obtained to prevent a future harm. I do not think this is as radical as my hon. Friend is suggesting. However, I congratulate him on the points he made, even though I disagree with him, and also my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) on his contribution to this point of the debate. I would love to prevail on my hon. Friend the Member for Broxbourne to withdraw his amendment, but I do not think that is going to happen, and I look forward to opposing it.
Turning to the hon. Member for Croydon Central (Sarah Jones), I spoke earlier in the debate about why we believe that injunctions are useful. We absolutely accept the point being made by the hon. Lady that they are appropriate when used properly, and that is why we have tabled our amendments. I think ours is a more competent and effective way of achieving our shared objectives.
On new clause 5, which seeks to define the meaning of “serious disruption” for the purposes of this Bill, I have to say that no two protests, nor the operational response required, are ever the same. Being too prescriptive risks the ability of the police to respond to fast-evolving protest tactics while also risking the exploitation of loopholes by those intent on causing as much disruption as possible. That is not to say that I dismiss the principle of this amendment. There is a balance to be struck between a definition that is broad and one that is prescriptive, so while I do not agree with the hon. Lady’s amendment, we will reflect further on its intent.
I turn now to perhaps the most vexed issue in today’s debate—namely, new clause 11, proposed by the hon. Member for Walthamstow (Stella Creasy). New clause 11 seeks to create 150-metre buffer zones outside abortion clinics in which all activity interfering with a person’s right to access abortion services would be prohibited. As the hon. Lady would accept, that is a blunt instrument. It is there to achieve an objective, but within those 150-metre buffer zones there could be houses and churches, and this would be a national decision covering the 150 metres around all clinics.
At the outset of the debate, I made it clear that, from the Government’s perspective, it is a free vote for members of our party. My good friend, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), said that this is a difficult issue to grapple with, and it is indeed difficult. However, I would like to make it clear that it is entirely possible to support totally a woman’s right to an abortion and to view protests outside abortion clinics as abhorrent while still believing that the current legislative framework provides an appropriate response.
(3 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That this House has considered the UK asylum system and asylum seekers’ mental health.
There has been a long-overdue shift in the way in which we approach mental health; we are now rightly encouraged to be open, to talk and to seek help when necessary. However, this Government are less willing to talk about the causes of poor mental health, and when we consider our asylum system there is little acknowledgement of the Home Office policies that contribute to a situation where asylum seekers are five times more likely to have poor mental health than the general population.
The Mental Health Foundation has found that the increased vulnerability to mental health problems that refugees and asylum seekers face is linked both to their pre-migration and post-migration experiences. People who have fled persecution, violence and war hope to find safety and security in the UK. Tragically, the current UK asylum system often exacerbates their suffering, with long waits for asylum decisions, poor accommodation and a ban on working all contributing to this situation.
The backlog in decisions has been worsening for years. The most recent immigration statistics showed that the number of applicants waiting over six months for a decision about their asylum claim was the highest on record, with many people waiting years for a decision about their status. Among unaccompanied child refugees, the situation is critical. Following the deaths of four young Eritreans over a 16-month period, Helen Johnson, the head of children’s services at the Refugee Council, said:
“For many refugees, the misery and distress resulting from their experiences do not always end upon reaching a safe place. Those who have left their home countries as children and experienced such a lot in their short lives are particularly vulnerable. Most of us can only imagine some of the horrors children have witnessed or experienced themselves.”
Of course, there are times when society truly sees refugees as human; we all remember the images of poor little Alan Kurdi on a beach in Turkey. However, I gently point out that when the Home Secretary talks of a two-tier asylum system and only accepting those who come through so-called “legal routes”, that is not how fleeing trauma works. When we see desperate families risking a dangerous sea journey in a rubber dinghy, it is clear that safe routes are not working.
Here in Glasgow, we have direct and personal experience of working with asylum seekers. Glasgow is the only dispersal region in Scotland and it is the largest dispersal local authority area in the United Kingdom. Despite that, the city receives no funding from the UK Government. We take our responsibilities with the asylum seeker community very seriously and Glaswegians are proud to offer those fleeing trauma a home. However, current Home Office policies mean that those in organisations working with this community are effectively operating with their hands tied behind their back.
Very early on in the pandemic, Glasgow MPs were alerted to the fact that asylum seekers had been moved by Mears, an accommodation provider, to emergency hotel accommodation. The small asylum support of £5.66 a day was removed. These individuals have effectively become prisoners, with their freedoms controlled, little money for essentials and limited access to support services—even the internet.
In May 2020, Glasgow MPs and the leader of Glasgow City Council raised concerns with the Home Secretary in a joint letter, but our concerns were not heeded. The situation took a tragic turn in June with the stabbings at the Park Inn hotel. Prior to that attack, fellow hotel residents had expressed concerns about the attacker’s mental health. The attacker, of course, was shot dead by the police. I have since spoken with another resident of Park Inn at that time, who described his days as being filled with utter despair and hopelessness.
However, in Glasgow we have a new concern with a mother and baby unit. Mothers and young children have been moved from their flats into camps—ill-equipped bedsits—by Mears Group. Testimonies from these mothers are alarming. Some were told they were allowed to take only two bags and had to forfeit their remaining belongings, and any parent with young children will know how difficult it is to go anywhere with less than two bags. Others report cramped conditions, poor ventilation and indefinite social isolation. Mothers are cooking meals on small stoves beside babies’ cots due to lack of space.
These examples point to a more sinister shift from community-based accommodation to an institutional accommodation regime. The use of dilapidated Army barracks to house asylum seekers is a very worrying step. Last month, a joint report from Her Majesty’s inspectorate of prisons and the Independent Chief Inspector of Borders and Immigration stated that Army barrack accommodation demonstrated
“fundamental failures of leadership and planning”
by the Home Office. The same report described living conditions as “filthy” and “impoverished”.
The impact of these appalling conditions on asylum seekers’ mental health is clear. Dr Jill O’Leary of the Helen Bamber Foundation assessed the same barracks in Folkestone. She said:
“We have consistently seen the threat these former military sites pose to the physical and mental health of residents. We have witnessed a devastating Covid-19 outbreak due to the dormitory-style accommodation, not to mention mental health crises, self-harm and suicide attempts as a result of the unsuitability of the environment.”
However, the Home Secretary shows no change in ideology, with the news today that asylum seekers have been moved back into these barracks.
Earlier this year, I was due to present a Bill that would give asylum seekers the right to work. This was not possible due to the pandemic, but I wish to raise a few points here. Most European countries, and even the United States, allow asylum seekers to work. Currently, asylum seekers may apply for permission to work only after 12 months, and even then they are restricted to roles on the shortage occupation list. There is therefore effectively a ban on working for a majority of those seeking asylum. This policy makes no sense economically and is counterproductive to both asylum seekers’ prospects of community integration and their prospects of living new lives with positive mental health and wellbeing. It is, quite simply, an ideological attack aimed at breaking and dehumanising those who most need our help.
A member of the Glasgow-based Maryhill Integration Network shared their thoughts on how the right to work and mental health are linked:
“The right to work is precious. It improves self-worth and esteem and provides social connection, independence and money to travel and meet new people. Without this, many people’s mental health deteriorates.”
Contrary to certain strains of inflammatory and divisive rhetoric, the vast majority of asylum seekers in this country are willing and committed to work. I always find it slightly ironic that the same people who talk about asylum seekers claiming benefits are those who talk about asylum seekers taking jobs.
There are some points that I hope the Minister will respond to today and take to the Home Secretary. First, the reliance on institutional emergency accommodation such as hotels and barracks should be ended. There must be investment in more community-based housing that is appropriate to people’s needs.
People seeking asylum should be given the right to work six months after lodging an asylum claim, unconstrained by the shortage occupation list. The Home Office must gather the right information from asylum seekers during interview and use it to make correct decisions the first time around.
I close by acknowledging the outstanding work of grassroots organisations that support our asylum seeker communities—organisations such as the Maryhill Integration Network and the Scottish Refugee Council, which offer a lifeline to those struggling with the institutional harm inflicted by the Home Office. That vital work should not, however, be shouldered by third sector organisations alone. It is essential that the Government take those issues seriously. It is common to see the slogan “Refugees welcome” around Glasgow. That absolutely remains the case, but we need a fresh approach in Home Office policies to enable us to support those in our communities more effectively.
It is a pleasure to contribute today with you in the Chair, Sir Charles, and to do so as a representative of Sheffield, the country’s first city of sanctuary. I congratulate the hon. Member for Glasgow North West (Carol Monaghan) on securing the debate and on the powerful and comprehensive way in which she opened it.
The Home Secretary recently said that our asylum system is broken. She is right, although it is perhaps worth remembering who has been running it for the last 11 years. However, it is broken, above all, for those who come to this country seeking refuge, and too often it breaks them. The Government’s new plan for immigration encapsulates the approach of Ministers, framing asylum seekers as the problem rather than addressing the problems they face, dehumanising those who seek the refuge provided under international law and the treaties to which we are proud signatories, and talking about them as illegal migrants.
The move towards detention on arrival in the Government’s new plan is deeply worrying, particularly after the experience of Napier and Penally barracks, which others have mentioned. Reception centres where asylum seekers will be sent as they enter the UK look dangerously like becoming detention by another name. We have seen with immigration removal centres how facilities established for one function quickly develop another: long-term detention.
Moving towards detaining on arrival would shut down community links and create isolation. Those who seek asylum, with all the trauma associated with the persecution or conflict from which they are fleeing, which is often added to by the journey they have had to make, have that trauma exacerbated by detention. I co-chaired the 2015 cross-party inquiry into immigration detention, when detainees told us that it is “worse than prison”, because prisoners count down the days to their release, while those in detention count them up with no certainty about their future. Experts told us that those who were detained for over 30 days, as so many were—many for months, some for years—had significantly higher mental health problems.
There is a solution, and the Government have piloted alternatives to detention. I have met with previous Ministers who are genuinely committed to those alternatives, recognising that detention is inhumane, inefficient and expensive, but I understand that, instead of being expanded, these programmes are being wound down, with Action Access already finished in March. As the Government have committed to evaluating the programmes, I would be grateful if the Minister told us in winding up when the reports on those pilots will be published.
This morning I heard from the Snowdrop Project in Sheffield, a brilliant charity providing long-term support to survivors of human trafficking. It talked about the delays and indecision in the system, which traumatise survivors of trafficking. One victim supported by the project was exploited in the UK in domestic servitude until she managed to escape. She claimed asylum and was recognised as a victim of trafficking in the national referral mechanism. She was not granted the discretionary leave to remain, to which she was entitled as a recognised victim, despite multiple requests.
The Home Office delayed making a decision on her case for some years, despite legal and political representation highlighting the impact of that delay on her mental health. After four years, her asylum application was refused, but the case was appealed successfully and finally, after five years, she was granted protection in the UK. Those years of uncertainty had a profound impact on her mental health. She suffers from severe anxiety, depression and PTSD, and receives support for suicidal intentions. Someone who had been accepted as a victim of human trafficking should have been given leave to remain on that basis and that experience should have been avoided. The Snowdrop Project is right that it is not acceptable to keep someone’s life on hold for five years.
Like many colleagues, I regularly hear from those who are living in limbo, awaiting the outcome of a Home Office decision. They are all victims of what the Home Secretary described as a “broken system”. In conclusion, I hope the Minister will spell out what the Government plan to do to ensure that the Home Office ends the limbo inside and outside detention that is so damaging to the mental health of asylum seekers.
I will give you six minutes, Jamie Stone, if you require, because two speeches were only three and a half minutes.
I congratulate the hon. Member for Glasgow North West (Carol Monaghan) for setting the scene so very well, and I thank my colleagues for all their marvellous contributions. It is also a pleasure to follow the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone). He plays himself down when he says he does things rather badly. On the contrary, he does things rather well. I think we all enjoy his contributions—I certainly do—whether they be in Westminster Hall or in the Chamber. He always gives his thoughts very clearly, and I think every one of us appreciates his comments.
I will begin with this quote from the Henry Jackson Society, because I absolutely agree with what it has to say: “Those that need our help the most are not the young men with the means to reach Britain, but they are the poor, the weak, the vulnerable trapped in conflict.” For me, that encapsulates where we are. I am not saying that we are better than anybody else, but my nature is one of wishing to help other people.
I am my party’s spokesperson on human rights, on health and on the Department for Work and Pensions—in a small party there are a whole lot of things to do, but I love the subjects I have been given and they are matters of interest. I am concerned that we could be throwing the baby out with the bath water, in our well-intentioned attempt to prevent abuse of the system. I know the Minister is a man of compassion and understanding, and a person who wants to help other people. I know that because I have had a friendship with him for many years, since before he was a Minister. Our friendship is the same; it has not changed.
We look to the Minister for the answers and to understand what the Government are trying to do. I understand that they have to control and oversee immigration, and when I asked the Secretary of State this question, she came back with a good answer. I ask the Minister the same question and I would appreciate a response: how can genuine cases involving women and children be addressed under this legislation? The people I refer to are the poor, the weak and the vulnerable.
During the pandemic, I highlighted the need to ensure that asylum seekers had access not just to services, but to food and clothing. The hon. Member for Glasgow North West has spoken about this, as have her colleagues. A report from Refugee Action stated that asylum support rates are currently set at £39.60 per week or £5.66 per day. My goodness, how on earth could anybody survive on that? I mean that honestly. People cannot live on noodles or the 99p specials in the shops all their lives. The money does not go far. What if they have a family? The problems are horrendous. The amount that these people are forced to subsist on is 73% below the poverty line. Again, I ask the Minister to outline the rationale behind this level of support and if there is an intention to ensure that anyone that lives in this country is able to eat and be clothed regardless of the reason they are here.
I want to give the Minister and the Government a plaudit; it is important that we recognise good things. It is not about asylum seekers, but we did have a scheme that brought people from Syria. Half a dozen families, who were persecuted Christians, came to Newtownards town and have settled, with the help of Government, local government and whole lot of individual bodies in Newtownards. Imagine what we could do if we made the same effort for everyone.
The backlog in decision making and the length of time that it takes to get a decision from Government is having a detrimental effect on mental health. The hon. Member for Edmonton (Kate Osamor) gave the figures earlier on about the applicants waiting over six months. I will not repeat them, but can the Minister outline his intention to increase staffing and support so that people can have peace of mind in a timelier manner?
Every one of us has experience of how the pandemic has affected us, not just as representatives but through our constituents, both physically, through all the things that have happened, and in terms of the impact on mental health. I am very fortunate as I live on a farm. Whenever I go home at night, I can go for a walk in the fields with the dogs and get some respite. What about all the people who are living in flats and houses? I have thought about them many times, and I say to myself, “How on earth do they stick that?” How much harder is it for asylum seekers, who are living on a small wage, have lost their family and are living with the trauma of all that has happened in the country they have fled from, to look for support? I recognise that the Government and the Minister are wishing and willing to help. I am not saying the men are not important—they are—but for me the issue is the mothers and the children. We need to have some action for them and some responses from Government about what we are to do.
We have a little spare time, so, Stuart McDonald, if you would like six minutes, please take six. It is normally five.
It is a pleasure, as always, to speak with you in the Chair, Sir Charles. I join others in congratulating the hon. Member for Glasgow North West (Carol Monaghan) on securing this important and timely debate. She made a number of really important points. Although we are limited in time this afternoon, as others have said, this debate is timely because we have had the Government’s policy statement and new plan for immigration, and there is no doubt that, during the passage of the sovereign borders Bill, we will have to return to some of the really important points that she made.
On the asylum system and the mental health of those seeking asylum, it is hard to know where to start in the time that we have. As my hon. Friend the Member for Sheffield Central (Paul Blomfield) said, we agree with the Government that the system is broken and is failing everybody, but I politely remind the Conservative Government that they have been in power for 11 years and are, I am afraid to say, the architects of that failure.
A number of really important points were made by my hon. Friend the Member for Edmonton (Kate Osamor), who raised the backlogs in the Home Office and made the powerful case for returning the right to work, as others did. That is a point that we will return to. The Minister will remember our exchanges and our support for that campaign during the passage of the immigration Bill.
My hon. Friend the Member for Newport East (Jessica Morden) spoke passionately about the importance of co-ordination and the need for quality dispersal accommodation. We will need to return to the inadmissibility rule changes, passed in December, which will only trap more people in the system for longer. The reference to reception centres in the new plan and policy statement only further blur the lines between detention and initial accommodation.
In the time that I have, I will focus my remarks on contingency asylum accommodation, in particular, and specifically the former MOD sites at Napier barracks and Penally camp, which represent a callousness in decision making that has been nothing short of inhumane. The Government initially claimed that the use of those barracks was due to the unprecedented pressures of the pandemic, yet the equality impact assessment that we have seen, conducted by the Home Office in September, revealed that the use of that particular type of accommodation was not borne out of necessity but was a political choice. It suggested that providing nothing but the absolute bare minimum to those seeking asylum is in the interest of community relations, but even the bare minimum should surely have meant safe. The Government’s reluctance to provide anything deemed to be beyond what is necessary has seen people, including those with leukaemia, diabetes and tuberculosis, housed 28 to a single dorm, sharing limited toilet facilities and communal areas that were cleaned only once a week during the pandemic.
We wrote to the Minister’s colleagues back in December 2020 calling on the Government to commission a review of covid safety in all establishments being used for asylum accommodation—a request that was ignored.
On 8 March 2021, in a report already referenced by others, the then independent chief inspector of borders and immigration published initial findings from site visits to Penally camp and Napier barracks in mid-February. They confirmed that, given the cramped communal conditions and unworkable cohorting at Napier, a large-scale outbreak of covid was virtually inevitable, which is exactly what happened: there were 197 positive cases of covid at Napier barracks between 1 January and late February.
The Kent and Medway clinical commissioning group’s infection prevention report undertaken at Napier, which we secured through a freedom of information request, also confirmed that the site does not facilitate effective social distancing.
The ICIBI report raised serious safeguarding concerns about those who were most vulnerable, stating that there was inadequate support for people who had self-harmed and that people at high risk of self-harm were located in a decrepit isolation block that was unfit for habitation. Even more distressing was a survey conducted by the inspectors that found that one resident in three at Napier barracks had felt suicidal during their time there. That clearly demonstrates the damaging psychological impact that our asylum system is having on vulnerable individuals who require specialist medical care and need to be housed in suitable and safe accommodation.
In evidence provided to the Home Affairs Committee last month, the Government claimed that they had been following guidance in every single way, but the CCG and ICIBI reports make it explicitly clear that at no time has that been true. The barracks are just one element of this system, which is failing everyone, but they represent the recklessness of this Government at their worst, putting their desire to be perceived as hard-line on immigration above what is right, fair and safe.
We know that dispersed accommodation, with local councils and communities working alongside Government to make much better choices, will be the way forward. We are part of a valley of sanctuary in Halifax where organisations such as St Augustine’s are instrumental in supporting those seeking asylum and refugees, and facilitate integration within communities.
Ordinarily, a political choice to use barracks as asylum accommodation would lack humanity and compassion, but in a pandemic it is unforgivable. There is an opportunity, with the upcoming legislative changes, to build a fairer and swifter asylum system that does not have a detrimental impact on a person’s health and wellbeing, but instead unlocks a person’s potential. However, that will require a significant shift away from some of the proposals outlined in the policy statement.
Minister, please leave two minutes at the end for the mover of the motion.
(3 years, 5 months ago)
Commons ChamberIf I may, I too would like to thank Kent police for all the work they have done in conjunction with the Metropolitan police in the investigation associated with the Sarah Everard case. This has been a very difficult time across policing; there is no doubt about that.
I am not going to come back in detail to those points, because I have covered many already in my statement. I speak with conviction in my determination, as does every member of this Government, when it comes to safeguarding women and to our strategies and approach to violence against women and girls. As I have repeatedly said, I would welcome all Members joining us in a cross-party effort to do much more to give women and girls the confidence to come forward.
This House criminalised the freedom of protest. It was this House—us—not Dame Cressida or the Metropolitan police, who criminalised the freedom to protest collectively. We are up to our eyeballs in this. Does my right hon. Friend the Home Secretary agree that now is the time to decriminalise freedom of protest—not tomorrow, not next week, but this afternoon or this evening? Let us get people back on the streets and allow them to get things off their chest again. Protest is a safety valve.
I understand entirely the sentiment that my hon. Friend has emphasised this afternoon. The Prime Minister has laid out a road map, and I appreciate that my hon. Friend would love me to say right now, “Let’s just do this and change things immediately,” but we are still in a pandemic and we are following the guidance that has been put in place. Obviously, it will be subject to debate over the next week or so, and I am more than happy to continue to discuss this with my colleagues.
(3 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I remind hon. Members that there have been some changes to normal practice in order to support the new hybrid arrangements. Timings of debates have been amended to allow technical arrangements to be made for the next debate. There will also be suspensions between each debate. I remind Members participating physically and virtually that they must arrive for the start of debates in Westminster Hall. Members are expected to remain for the entire debate. If Members attending virtually have any technical problems, they should email the Westminster Hall Clerks’ email address. Members attending physically should clean their spaces before they use them and before they leave the room.
The hon. Gentleman is absolutely right. In discussions in the Ministry of Justice I have made it clear that my view, which I think is shared broadly by Ministers in the Department, is that there are three foundations for success in life post-prison. They are a job, a house and a friend—effectively, someone to hold your hand. If someone leaving prison has those three pillars in their life, they are much more likely to succeed on the outside. Too often, people have one, or possibly two, but certainly not all three. In the role that I am trying to put in place around integrated offender management—the reboot of that effort—that is what we are going to try to achieve.
The New Futures Network continues to support businesses that are part of the employers’ forum for reducing reoffending, to deliver new, tailored employment for women. Initiatives to be trialled include mentoring and thematic virtual sessions covering the development of soft skills, as the hon. Gentleman said. These will be offered to women serving the last few months of their sentence. The framework of support will be tested in three prisons.
Given the ambition of the hon. Member for Swansea East for the Government to go further, she will be pleased to know that as part of the January announcement to tackle and reduce reoffending, we are seeking to introduce and test new approaches and roles across education, employment, accommodation and substance misuse. HMP New Hall, which was mentioned, has been selected to ensure the specific needs of women are captured, so that learning can be shared across the female estate more broadly.
To conclude, I hope I have removed any doubts about the Government’s ongoing commitment to deliver fully the female offender strategy and that, in the time available, I have been able to provide clear examples of how we are working to properly support women leaving prison. As far as the extra 500 places are concerned, I hope that the hon. Lady and others will understand that, while we have to plan for the worst, and the impact of 20,000 police officers on the prison estate cannot be ignored, we will work very hard between then and now for a much better outcome than an increase in the prison population.
(5 years, 5 months ago)
Commons ChamberThe Government consulted on the ban on weapons ahead of the Bill and concluded, on the basis of evidence from the most senior counter-terror police in the country, that it was right to ban assault rifles. It was only in response to a Back-Bench rebellion led by the hon. Gentleman that the Government caved and made the exact opposite case to the one that they made on Second Reading.
These are very basic requests for what is, in truth, information that Parliament should already have when being asked to pass legislation. The parliamentary lock we are seeking to add to the orders should not be necessary, but we know the damage that can result from a lack of joined-up thinking in youth justice, and our communities simply cannot afford another misstep. That is why it is only right that parliamentarians are given the full facts before being asked to approve a further roll-out.
Turning to the content of the orders themselves, all of us in this place are united in our mission to do everything in our power to bear down on the terrible scourge of knife crime, but we must be wary of taking action for the sake of action. Interventions must be evidence-based, have a clear purpose and fill a gap in the existing legislation. The police already have a substantial suite of powers for those they suspect of possessing a knife. The issue is, and has been for several years, the ability and capacity of the police to enforce those powers. As the chair of the Police Federation has said,
“How the Home Secretary thinks we have the officers available to monitor teenagers’ social media use or check they are at home at 10pm when we are struggling to answer 999 calls is beyond me.”
This Government have taken 21,000 police officers off our streets. Response times have rocketed, and in some force areas residential burglaries are rarely attended. The police’s capacity to respond to crime has been extremely diminished, so it is beyond doubt that they do not have the capacity to place orders on people who have not actually committed a crime, and then to monitor and implement those orders effectively. There has been no impact assessment of the resource implications for the police or any of the other services that may be brought in by these orders. We are concerned, and this is what our amendments speak to, that in trying to establish so-called wraparound care for young people, these orders will inevitably end up focusing on the restrictive elements such as curfews, social media bans and prohibitions, rather than the potential for positive, rehabilitative action.
I think we have now reached consensus in this place that, to combat youth violence effectively, a whole-system, cross-governmental public health approach is required. These orders could have been an attempt to bridge such a divide, but instead they place sole responsibility on the police as the only authority that can apply for an order, which risks narrowing the focus of the suite of options available. The fact that there is no statutory requirement to assess the needs of a child, establish their circumstances and consider the safeguarding implications of an order or their family history prior to an order being granted should be fatal for a legislative proposal that the Government have styled as a route to access wraparound services. It simply does not do what is required. That is why our amendments would establish a statutory requirement to consult with the YOT to produce a pre-sentence report. However, we are satisfied with the Minister’s commitment that this will be made clear in guidance.
Furthermore, I wonder whether the Government, in using the example of a youth worker as someone to be responsible for the delivery of an order, recognise the bind they would be putting such an individual in if they were responsible for reporting any breaches to the police. Central to a public health approach is a consistent, constant adult in vulnerable young people’s lives. This could provide an opportunity for that, but it cannot do so if such individuals are then forced to report them to the criminal justice system every time they do not abide by the conditions laid down in their order.
I will round off with a number of questions to which I hope the Minister will respond when she speaks again. The civil burden of proof is concerning, so what sort of intelligence does the Minister envisage would be sufficient for a court to grant an order? Will the police use the gangs matrix to target individuals? Will association with known offenders be sufficient for an order to be placed? Will past offending be sufficient, as the Minister in the other place appeared to suggest?
Does the Minister share the concerns of Members across the House that we risk criminalising children as young as 12 who have not actually committed a criminal offence? Does she really believe that a two-year custodial sentence is proportionate to a breach of a civil order, and can she give an example of when such a sentence would be appropriate? What exactly can KCPOs require or prohibit? Will guidance be brought forward on what measures are effective in tackling knife crime, or will it be anything that the court deems necessary, proportionate and enforceable?
Finally, who will be required or allowed to know that a child has an order, and what action will their school or alternative provider be expected to take when one has been granted? The implications for alternative provision are potentially severe, as some providers refuse to take children who have knife convictions, leaving them completely out of education and therefore much more vulnerable to becoming involved in violence. What consideration has been given to this?
I do not think that the Minister has satisfactorily answered the concerns raised by the Opposition in our amendments or those of expert organisations that work on these issues every single day, such as the Magistrates Association and the Association of Youth Offending Team Managers. We will therefore divide the House on our amendment (a) to Lords amendment 23 in relation to the parliamentary lock, as the report that the Home Secretary brings forward must be voted on before the pilots can be rolled out.
I conclude by thanking and congratulating my right hon. and hon. Friends who have significantly improved the Bill and subjected it to scrutiny during its passage, especially my right hon. Friend the Member for East Ham (Stephen Timms) and my hon. Friends the Members for Sheffield Central, for Sheffield South East, for Lewisham, Deptford (Vicky Foxcroft), for Croydon Central (Sarah Jones), for Birmingham, Edgbaston and for Slough. The amendments in our names have sought to strengthen and improve the weak legislation before us today. They have sought an evidence-based response to the long-term trend of violence that we are witnessing as a result of this Government’s austerity agenda. We hope that the Government will accept that much more needs to be done if we are to prevent any more young lives from being needlessly taken, and we hope that the Government will accept the amendments in our names today.
It is a pleasure to follow the hon. Member for Sheffield, Heeley (Louise Haigh).
I should like to focus on knife crime prevention orders. If we are to reduce knife crime, we need to address the issue of drug usage. So many of the young people dying in our communities are dying as a result of the drugs trade—particularly cocaine. We need to consider increasing the costs attached to the usage of drugs, because drugs are historically extremely cheap at the moment; and if we want to attack usage, we have to increase the costs attached to recreational possession. The Minister said that she had looked at dealing with gangs—she had looked at knife crime prevention orders—but I think we need to look at drug prevention orders.
I think it is appalling that the chattering classes, wherever we may find them, whatever their politics, are wringing their hands about the deaths of mostly young men and children on our streets and then, moments later, too many of them are shoving a line of cocaine up their noses. That is not a line of white powder; that is a line of blood, and users of cocaine have blood on their hands—the lives of many, many young people and children.
So I say this to the Minister. Let us not build more prisons. Let us not lock more recreational users up—but let us hit them in the pocket. If they are caught in possession of cocaine, if they are responsible for the deaths on our streets, they should be fined accordingly. Let us say that you are a City trader on £300,000 a year, Minister: you should be fined a third of your income—a third of your income—if you are caught in recreational possession. Then users might start to think. If they do not care about the young lives being lost on the streets, they might start thinking about the consequences to themselves and their finances.
It may be a City trader. It may be a Member of Parliament. It may be a doctor. It may be a teacher. But if they are using cocaine, they are responsible for the tragedies that are happening daily, and I think they should pay—pay for recreational usage. They should pay by being fined a significant amount of their income the first time they are caught in possession, 50% the second time and 100% the third time. When we introduce laws like that, Minister, people may start taking this matter seriously, and we may actually start to address the mayhem, destruction and tragedy that is afflicting so many of our communities.
I start by confirming that the SNP has supported the Bill from the outset. As I previously acknowledged, the Government here have worked closely with the Scottish Government on many of its provisions, given that the Bill’s subject matter covers a range of both devolved and reserved competences. We remain of the view that the Bill will help tackle crimes involving corrosive substances, knives and certain firearms, so it continues to enjoy our support. However, we took—and continue to take—the view that more important tools include police funding, police numbers, cross-government working and a genuine switch to a public health approach to knife crime.
For today, though, the 95 amendments passed in the Lords focus on three specific areas. One set of changes proposed in the Lords does not convince us at all. One set of changes appears absolutely reasonable to us. Another group of amendments is welcome but still falls short of what was in the Bill at the outset. We are far from convinced on the knife crime prevention orders. As we have heard, things have moved very quickly, essentially closing down time for proper consideration, scrutiny and consultation. It is fair to recall, however, that this morning the Metropolitan Police Commissioner defended the proposals robustly before the Home Affairs Committee. I absolutely respect the fact that they are well-intentioned. I question, however, whether the reasoning behind them and the form they now take are well-founded. The all-party group on knife crime, excellently chaired by the hon. Member for Croydon Central (Sarah Jones), heard evidence from a series of groups who have significant concerns about the impact they will have. As we have heard, concerns have been raised by magistrates, local government, the Children’s Society, the Standing Committee for Youth Justice, the Prison Reform Trust and the Police Federation.
(6 years, 1 month ago)
Commons ChamberI thank my right hon. Friend for the way in which he is approaching Second Reading; it demonstrates that Second Readings of Bills are extremely important and should happen with great regularity. May I commend to him the work in Hertfordshire and Broxbourne council to bring together agencies across the county and boroughs to deal with knife crime? There is a role for local politicians and local agencies in addressing this really complicated issue.
My hon. Friend is absolutely right: ultimately, only so much can be done by the centre. The centre can set the laws and provide funding in certain cases, but much of the work being done, as we have seen with the serious violence taskforce, is community and locally led, and I join him in commending the work in Hertfordshire. We are very much aware of that in the Department, and it sets an example for many other parts of the country.
(6 years, 8 months ago)
Commons ChamberI thank the Minister for Security for his speech. It is much appreciated by my constituents that he and his team are working so hard to ensure their safety. This is an incredibly difficult challenge, because the threat keeps changing and it is always difficult for our security forces to identify the threat at each stage of its development. However, they are doing a fantastic job. It is important for the Minister to know that, when talking to our constituents, we all come across people who understand the enormity of the task that our security forces face and who respect the diligence with which they go about their business.
We face an incredibly difficult challenge. I look around the Chamber and see all my colleagues on electronic devices. We were talking yesterday about how electronic devices can spread hate and division. I know it is difficult for my right hon. Friend the Minister to be in everybody’s pocket, if that makes sense. It is difficult to have a police officer in everyone’s pocket, keeping an eye on what they are doing through social media, but these are the challenges that this country faces.
I support the points that my hon. Friend is making. At this time of year, when we are all preparing for the Christmas and new year holidays, this statement is a great reminder to us all that there are, thankfully, men and women in our security services who are diligent and ceaseless in their surveillance and assessment of risk, to the point that this kind of measure can be brought to the House.
My hon. Friend makes an excellent point. The people who work in our security forces do not get a day, an hour or even a minute off. They are constantly vigilant. I imagine that, even when they are not on duty, they take home their concerns and their enormous sense of responsibility to society. We should congratulate them and respect them for that.
We talked about the responsibility of the tech companies yesterday, we are talking about it today, and will probably go on talking about it tomorrow. They simply cannot say, “It’s nothing to do with us, guv’. We just provide the platform.” That is no longer a sufficient excuse. Politicians around the world—particularly the free western world—are now identifying the fact that, if the tech companies are not willing to address the problem or to challenge those who use their technology for nefarious and dangerous purposes, we as legislators are going to have to do that for them.
(7 years, 7 months ago)
Commons ChamberI have heard some specious arguments in this place.
I hope that the Lords amendment is acceptable to Government Members and the Minister. It is explicit that the inquiry should not begin until the Attorney General determines that it would not be prejudicial to any ongoing relevant criminal investigations or court cases. To oppose the amendment is therefore tantamount to admitting that the Government are no longer committed to an investigation into corruption between news organisations and the police, and that they are not prepared to investigate how allegations of corruption are dealt with. If the Government block Lords amendment 24 today, the public really can have no option but to draw the conclusion that this Government have no commitment to asking the important and hard questions of our national institutions.
I now turn to Lords amendment 96, with consequential amendment 302, which was proposed in the other place by Lord Rosser. The purpose of the amendment is to establish the principle of parity of legal funding for bereaved families at inquests involving the police. Many hon. Members have championed this cause, including during the passage of the Bill. I pay particular tribute to the tireless campaigning and personal commitment of my right hon. Friend the Member for Leigh (Andy Burnham). Unequal funding at inquests and the injustice associated with that was highlighted by the sorry saga of the Hillsborough hearings. The scales of justice were weighted against the families of those who had lost their lives. Public money was used not to discover the truth, but instead to defend an untenable narrative perpetuated by South Yorkshire police. The coroner dealing with the first pre-inquest hearings into the 21 victims of the 1974 Birmingham pub bombings backed and commended applications for their bereaved families to get legal funding for proper representation, but did not have the power to authorise the funds.
Fees in major cases have attracted considerable public interest, but inquests at which the police are legally represented are not confined to major tragedies such as Hillsborough; far more common are inquests into the deaths of individuals who are little known. Many bereaved families can find themselves in an adversarial and aggressive environment when they go to an inquest. Many are not in a position to match the spending of the police or other parts of the public sector for their own legal representation. In fact, bereaved families have to try, if at all possible, to find their own money to have any sort of legal representation. Opposition Members believe that the overwhelming public interest lies in these inquiries discovering the truth. It follows that public money should be there to establish the truth, not just to protect public institutions, and that must mean equal funding.
In the other place, the Government accepted that many would sympathise with the intention of the amendment. When she was Home Secretary, the Prime Minister commissioned the former Bishop of Liverpool, James Jones, to compile a report on the experiences of the Hillsborough families. We are encouraged to wait for his report before considering the issues further, yet we already know that a system of unequal funding at inquests is wrong. Public funds are used to deny justice and hide the truth. The Government need to act now to change a process that appears to be geared more towards trying to grind down bereaved families than enabling them to get at the truth. The Government really should accept the amendment.
I urge Ministers to listen closely to the hon. Lady’s strong point. When someone dies while in the care of the state in a detained environment, people too often go up against the might of the state. That is simply not fair and it should not be tolerated.
I am grateful to the hon. Gentleman for making that point.
We also support Lords amendments 136 to 142, which were tabled by Baroness Brinton, along with consequential amendment 307. Those amendments are designed to improve the way in which the criminal justice system interacts with victims of crime, and they are based on the work of my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer). I presume that the amendments will be acceptable to the Government because, as we have heard, they would enact the 2015 Conservative manifesto commitment to introduce a victims’ bill of rights. Let me remind the Minister of what that manifesto says:
“we will strengthen victims’ rights further, with a new Victims’ Law that will enshrine key rights for victims”.
I understand that the former Minister, the right hon. Member for Hemel Hempstead (Mike Penning), already committed to a Green Paper on this issue in a private meeting with the campaign group Voice 4 Victims in February last year, but we are yet to have sight of that. This Bill is the ideal opportunity to take the matter forward, so I encourage the Government, even at this late stage, to think again and not oppose the amendments.
The House will know that victims’ rights are protected in the victims code, which was introduced in 2005 by a Labour Government. We still support that code, but the rights included in it are not legally binding, and in the past few years it has become clear that a firmer legal basis is required to give distressed and vulnerable victims the protection that they need.
I am only too aware that the Minister will almost certainly tell me that the legal aid, through the Legal Aid Agency, has been granted to two of the seven families of complainants. Although I am more than happy to meet the Minister outside of here, I am going to wager that I know a bit more about it than perhaps he does. I would be delighted to be proven wrong—in fact, the Home Office has heard our requests for Hillsborough-style funding—and, if I am, I will stand on every single platform I can to say that I was wrong and the Minister knew more than me. So I look forward to that!
I will conclude by saying that we all want something better and we all want victims to be treated better, and the hon. Member for Cheltenham has shown with passion how that can be realised. But unless we make sure our regulations are enacted, what we do in this place is slightly for nothing, so I ask the Government to look again at the amendments around victims’ rights.
In the last Parliament, I was totally politically incontinent—in and out of all sorts of Lobbies, voting with the Government, voting against the Government and voting with Labour. I have really tried to make sure that, in this Parliament, I was only in one Lobby—the Government Lobby. I have managed that loyally for the past 18 months, and I am just so disappointed that the Government are not willing to accept Lords amendment 96, because equality of representation is absolutely critical.
I spoke in this place in a previous Parliament about the terrible tragedy of deaths in custody—deaths in detained environments. Let us look specifically at deaths in police custody. If a person dies in police custody, there is obviously a coroner’s inquiry, but there is total inequality of representation at that inquiry. The family of the deceased are up against the state, the police and their legal representation. That legal representation is given to the police without question, and it is funded without question, whereas the families of the deceased, at a time of huge emotional turmoil, have their finances pored over with a fine-toothed comb—it is not just the finances of the parents, but the finances of siblings, aunts and uncles, and even cousins—to see whether the family can bear the cost of their legal representation. That is entirely unfair; it is not just.
The Lords amendment is very sensible in its scope, and I would hope, even at this late stage, that the Government—if for no other reason than to keep me out of a Lobby that I do not really want to be in—might consider accepting it, so that we can all finish the evening on a very happy and unified note.
I do not think that it is going to be a very unified note by the end of the day, and I think there was an element of irony in the contribution by the hon. Member for Broxbourne (Mr Walker).
I pay tribute to the hon. Member for Cheltenham (Alex Chalk) and my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) for their campaign on stalking. The legislation has changed over the years, particularly since 1997, and it is good that this issue is now recognised for the terrible harm that is done to many victims.
I want to talk primarily—this is a bit of a smorgasbord debate—about the Leveson issues and amendment 24, which I wish was not necessary. However, it is necessary, and it has been put on the amendment paper only because their lordships and a large number of us in this House are distrustful of the Government’s intention in relation to what happened over Leveson.
I believe that it is necessary to have the full Leveson—that is not two Leveson inquiries, but one Leveson inquiry, some of which could be done before the criminal investigations were completed, and some of which could not be done until the criminal investigations were completed. That was always the promise. It was never, “We will think about having Leveson 2 once we have come to the end of the criminal investigations; it was always said from the very beginning that there would be one inquiry with two parts and that the second part would happen. In fact, the Prime Minister, in the quote given by my hon. Friend the Member for West Ham (Lyn Brown), said those words the day after Leveson 1 had been produced. So Ministers have absolutely no excuse for turning round now and saying, “Oh no, no, we never really intended to proceed with Leveson 2.”
Why does that matter? Why is it important? The truth is that we are talking about corruption in one of the organisations of the state that matters most to our constituents and to the rule of law in this country: the police. I am sure the vast majority of us agree, given the little bits and pieces that we have managed to glean from Leveson 1, that there was a time when the Metropolitan police, to all intents and purposes, were a partially owned subsidiary of News International. Metropolitan police staff went to work for News International. When they had finished working for News International, they went back to work for the Metropolitan police. There was a revolving door. On the very day that the police decided not to continue with the investigation into what had happened at the News of the World, the leading investigator was having dinner with Rebekah Brooks.