Assaults on Emergency Workers (Offences) Bill Debate
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Chris Bryant
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Assaults on Emergency Workers (Offences) Bill
Chris Bryant ExcerptsFriday 20th October 2017
(6 years, 6 months ago)
Commons ChamberRead Full debate Assaults on Emergency Workers (Offences) Act 2018 View all Assaults on Emergency Workers (Offences) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts
Chris Bryant (Rhondda) (Lab)
I beg to move, That the Bill be now read a Second time.
I start from a simple premise. An assault on anyone is wrong, but an attack on any emergency worker—whether that is a police constable, a paramedic, an ambulance driver, an accident and emergency doctor or nurse, a fire officer, a prison officer, someone working in search and rescue, or someone working on a lifeboat—is an attack on us all. And when we are all attacked, we all stand firm together.
It is not just that many of these people show daily acts of bravery; they put their lives on the line. We know that here in Parliament, where PC Keith Palmer was murdered earlier this year. We owe him a phenomenal debt of gratitude. London knows it. A brave British Transport police officer was stabbed when he faced the London Bridge attackers with nothing but a baton earlier this year. That same day, a Met officer was also stabbed when he came to defend the public, despite being off duty. The whole country knows it, too, as we have seen horrific instances, week after week, of emergency staff who have been stabbed, strangled, bitten, repeatedly punched, kicked when down on the ground, and threatened with knives and acid. It is incomprehensible that people should attack our national heroes like this. It is amazing that those staff still go the extra mile on behalf of the British public. It is time that we did everything in our power to protect them.
Ellie Reeves (Lewisham West and Penge) (Lab)
I was taken to hospital by ambulance last month, having fallen ill. It was a horrible experience, which was made much better by the ambulance staff, who showed such kindness and professionalism to me and my two-year-old son. I got talking to them in the ambulance and they told me that they faced abuse on a daily basis. I told them about this Bill, and they wanted to pass on their thanks to my hon. Friend. This legislation is long overdue.
Chris Bryant
I thank my hon. Friend for those comments. She makes her point extremely well. It is worth saying that the Bill is supported not only by the Royal College of Nursing and all the trade unions that represent staff in these different lines of work, but by the Metropolitan police, the Police Federation and nearly every part of civil society. I hope we do not end up with a vote later today, but the lack of a vote will not show a lack of assent by this House. Indeed, I think it will show the unanimous assent of the House to change the law in this regard.
It is a depressing fact that the number of assaults on emergency workers has dramatically increased in recent years. The Home Office’s own figures—these are frightening—suggest that there were 24,000 assaults on police officers in England and Wales in 2016-17. The Police Federation reckons that there is an unarmed assault on a police officer every four minutes, and that is even without including police community support officers. The Ministry of Justice says that there were 7,159 assaults on prison officers last year—up a third on the previous year.
David Hanson (Delyn) (Lab)
As my hon. Friend will know, not only have attacks on police officers risen by about 7% in the past seven years, but those attacks are on fewer police officers. We have lost 20,000 police officers, so there is now more chance of a police officer being attacked than there was seven years ago.
Chris Bryant
My right hon. Friend is absolutely right. That is why I pay enormous tribute to my hon. Friend the Member for Halifax (Holly Lynch), who, with the Police Federation, has led the charge on this issue and brought it to the House. I feel as if I am merely carrying the baton that she elegantly shaped.
Figures from NHS Protect are equally disturbing. There were 59,794 attacks on NHS staff in 2011-12. That is bad enough, but the figure increased to 70,555 by 2015-16. Yet the number of criminal sanctions for those assaults has actually fallen in that time, from 1,380 to 1,250. That is a lot of people who are not seeing justice.
Bambos Charalambous (Enfield, Southgate) (Lab)
Does my hon. Friend acknowledge that the cost to the NHS of these attacks is estimated to be £69 million a year?
Chris Bryant
My hon. Friend is able to read my mind, because that was my next sentence.
Liz McInnes (Heywood and Middleton) (Lab)
Does my hon. Friend agree that the figure for assaults on NHS staff is probably much higher? I know from my experience of working in the NHS that a lot of staff did not report assaults, because they were not confident anything would be done.
Chris Bryant
That is part of the problem that we—and, for that matter, the whole criminal justice system—need to address: all too often, people simply do not feel at the end of the process that they have got justice. When people see those working alongside them not getting justice, with paltry sentences handed down, they of course decide, “I don’t want to have to go through all the grief and the hassle of pressing charges.”
Stephen Crabb
I am grateful to my hon. Friend—he is my hon. Friend too. Does he agree that there is a real sense of anger and frustration not just among police officers but among other emergency workers when they see people walking out of court with, effectively, a slap on the wrist?
Chris Bryant
If it were even a slap on the wrist, that would be nice, but sometimes the punishment is absolutely minimal. It is intrinsic to justice that it has to be seen to be done, and I will come on later to why I think my Bill will make a difference. I know there are people at the criminal Bar who—perhaps out of an excessive loyalty to other lawyers—dislike it whenever we introduce a new offence, but I hope the Bill will make a difference.
Incidentally, it is worth bearing in mind the fact that this year the Welsh ambulance service has listed 114 properties as housing potentially violent people, while another 320 were listed as potentially dangerous. That is this year; in January 2016, only 50 properties were flagged up. In other words, there has been a dramatic increase in the number of places where paramedics feel they are unable to go without police support. That is truly worrying for our society.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
It is important to emphasise, as the hon. Gentleman just did, that assaults on emergency workers are not solely an urban problem. Given the chronic reduction in police numbers, in particular, I hope this legislation will offer greater protection for officers in rural areas, who often respond to calls with insufficient back-up and bad communications.
Chris Bryant
The hon. Lady is absolutely right, and I can only praise her for being here today, when she could have been at the Plaid Cymru party conference. That is a phenomenal act of dedication.
Jessica Morden (Newport East) (Lab)
While my hon. Friend is on the subject of Wales and the frequency of attacks, may I mention a real story that was recently relayed to me by a woman married to a police officer? She told me:
“According to my children their father is the clumsiest dad ever, as we have had to tell them he ‘fell over a bin chasing someone’, ‘he walked into a Police cupboard door’, ‘he caught himself on a police car door’. I am tired of having to tell my children about how he sustained his injuries to stop them worrying.”
Does my hon. Friend agree that that is the reality of working life for many emergency workers?
Chris Bryant
It is the reality, but it should not be—that is the point we all want to make. Of course, this affects not only the individual concerned but other members of the family. In terms of the recruitment of police officers and emergency workers in the future, people often follow their parents into a profession, and if they feel that their parents have been badly treated, it is unlikely they will come forward for these jobs in the future.
Chris Bryant
I am sticking with Wales, and then I will come to my hon. Friend the Member for Batley and Spen (Tracy Brabin).
Albert Owen
I am grateful to my hon. Welsh Friend for allowing me to intervene. He has rightly mentioned police officers, health workers and others. In his introduction, he mentioned search and rescue and lifeboats, and I declare an interest as a vice-president of the Royal National Lifeboat Institution. Many of these emergency workers are actually volunteers. They show us how to respect the sea; we must now show them respect.
Chris Bryant
My hon. Friend is absolutely right, and I have had various people email me and twitter me—or whatever the verb is. [Interruption.] Tweet to me. Anyway, they asked whether lifeboat staff will be included, and, of course, they are included. For that matter, the Mines Rescue Service in my constituency is as well, because search and rescue people are absolutely vital. My hon. Friend makes the very good point that many of these people are volunteers. We could, of course, argue that most emergency workers go the extra mile, and that extra mile often means, effectively, that they are working as volunteers. That is why we should stand by them.
Tracy Brabin
I thank my hon. Friend for giving way. He mentioned that violent crime is on the rise and that people in some properties are being flagged up as potentially violent to the police. I have been lobbied by constituents who are PCSOs and find themselves increasingly going into potentially violent situations with no handcuffs, pepper spray or any of that. Will they also be included in the Bill, so that they, too, will be protected?
Chris Bryant
My hon. Friend raises a good point. I am not entirely sure that they would be. If that is the case, we will make sure in Committee, when I have taken a bit more legal advice, that they are included, because it would be bizarre in the extreme if they were not. PCSOs in my constituency are an absolutely vital part of the equation of community policing, and we should afford them exactly the same protection.
I should say that I have had an awful lot of conversations with Ministers over the last few weeks about the Bill, which has been a delight, and I am not entirely convinced that we yet have the definition of an emergency worker in the Bill right, because some people who work in the NHS who should be included would not be. I have talked to Ministers, and they are absolutely clear that we will put that right in Committee, so I hope both the elements I have mentioned can be put right in Committee.
Judith Cummins (Bradford South) (Lab)
Does my hon. Friend agree that those who look after us and keep us safe need protecting with the full force of the law, and that that is the protection his Bill will provide?
Chris Bryant
Absolutely, and the point is that it needs the full force of the law. All too often, the victims, who work in our emergency services, and who know this area of the law well, have felt that the full force of the law has not been used.
I have cited some statistics, but this is not just about statistics. Last year, Nurse Sharon Morris was attacked in a mental health unit, and it is worth saying that Unison, the trade union, has found that more than two in every five mental health workers have been attacked in the last year. The effect on Sharon’s life was profound. She said:
"I’m not the same calm but confident woman I was. Personally, I’m feeling vulnerable, and I feel I’m not much use to my family as I am on edge whenever we are around people. I have nightmares and flashbacks. The worst part is seeing my assailant’s face superimposed on my eldest son’s face—they are physically similar—and I couldn’t cope with him hugging me for many weeks. I was off sick for three months, and I’m now seeking redeployment away from patient areas; I get anxious around patients, so I’m currently just doing office work.”
In fact, since she said those words, she has moved on to another area of work. That is one of the problems: these assaults are leading to a serious problem in the recruitment and retention of staff.
Gareth Johnson (Dartford) (Con)
I certainly hope the hon. Gentleman gets a Second Reading for his Bill, which should go through unopposed. I support the Bill, but there is so much that needs to be done on it. The example he has just given would not even be covered by it, so a lot of work needs to be done in Committee before it comes back to this Chamber.
Chris Bryant
There was a version of the Bill that did include this issue, but somehow or other, by some glitch of computers, it disappeared. The hon. Gentleman is absolutely right, and that goes back to the point I made earlier. The issue is something we want to put right in Committee, and I hope the whole House will want to rectify it.
Members should just listen to what PC Adam Heslop of the British Transport police said. He had his nose broken when he was punched in the face. He had been in many situations where he feared physical assault, but he had never actually been punched. His assailant was given a curfew and ordered to pay court costs of £85 when convicted of actual bodily harm. PC Heslop said:
“I know better than to expect justice from the courts when it comes to police assaults. I think that’s one of the reasons assaults are up.”
That is the problem: if the victims do not feel that there has been justice or that justice has been seen to be done, it seems to the whole of society that people are getting away with these things—as if there is a law of lawlessness when it comes to attacking the police.
Antoinette Sandbach (Eddisbury) (Con)
I, too, support the Bill. Between April and September, Cheshire police recorded 277 assaults on police officers. That demonstrates vividly why the Bill is needed to strengthen the law in this area. This really is a problem locally.
Chris Bryant
The hon. Lady is absolutely right. As the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) said, this is not just about urban areas—it is about the whole of the country. In fact, the north-west ambulance service recently reported a 24% increase in assaults on ambulance workers in that region in the past year.
Chris Elmore
You can never get enough Wales, as I am sure my hon. Friend would agree. In recent years there has been an increase in assaults on first responders to ambulance calls who are treating patients at the side of the road and being attacked by somebody who was attacking the person they were treating. Are first responders included in the Bill, or will they need to be included in Committee?
Chris Bryant
The legal advice that I have had is that they would be included, but we need to make sure of that in Committee.
I think every single one of us will feel it is inconceivable—incomprehensible—that, when somebody comes to save a life, they can be physically attacked for doing so. How does that happen? There is a cry of outrage at the heart of this Bill. It is an attempt to give an extra tool to the prosecuting authorities to make sure that we can stem the tide of these assaults.
Chris Bryant
My hon. Friend is absolutely right. Two years ago I stood in utter amazement in Porth watching kids on the other side of the valley throwing bricks at fire officers who were trying to put a fire out on the mountain. Words fail me.
Chris Bryant
The hon. Gentleman is also Welsh. It is just as well that this Bill applies to England and Wales.
Chris Bryant
The hon. Gentleman is absolutely right. I am glad that he is not at the Plaid Cymru conference either. I am sure he will get there later.
Alex Norris (Nottingham North) (Lab/Co-op)
My wife and I had cause to be extremely grateful to the fire service on Wednesday morning. We lost a dog that was staying with us—she had absconded over the fence. The efforts of the boys at Stockhill fire station in extracting Nike from between a hedge and a wall were greatly appreciated. Does my hon. Friend agree that glad though they will be to get my warm wishes on this very public stage, what they want from their legislators is an understanding in law that shows we understand what happens to them on a daily basis and will act on it?
Chris Bryant
Absolutely. It is worth saying that the reason I presented this Bill rather than any other is that I did a survey of my constituents and of the wider public, to which more than 40,000 people responded, giving them a choice of six different Bills, each of which I would have been very happy to present. Another Member is doing civil partnerships and somebody else is doing votes at 16 and so on, but this subject came top in my constituency and around the country. That means that we are also responding to the public, which is an important part of what we are sent here to do.
Mr Jacob Rees-Mogg (North East Somerset) (Con)
Will the hon. Gentleman give way?
Mr Rees-Mogg
I am grateful to the hon. Gentleman. At least the Rees bit of me is Welsh. I congratulate him on bringing forward this Bill, because he has managed to show that private Members’ Bills on a Friday morning may cover serious topics that have the widespread support not only of the House but the country. It is very important for Parliament that we do sensible and proper things today rather than just hear people making statements.
Chris Bryant
I am grateful to the hon. Gentleman for saying that. Because we now have a two-year Session for this Parliament, private Members’ Bill Fridays have been stretched out considerably. If this Bill gets its Second Reading today, as we all hope, it could easily get through Committee in the next few weeks. There is no reason why the Government could not give it Government time on a Thursday afternoon, for instance, rather than having to wait until the end of April for its remaining stages. We could then send it off to the House of Lords and it could be on the statute book by Easter rather than having to wait the whole year.
Ms Karen Lee (Lincoln) (Lab)
As a former nurse, I am really pleased to see the call for blood and saliva tests when people have been bitten or spat at, because I know how worrying it is for somebody to think that they might have HIV or hepatitis. Waiting times in A&E, plus the shortage of nurses to de-escalate situations because they are busy doing 101 other things, mean that there is nobody to deal with the rising tensions in hospital situations. That is partly why assaults are on the up. This group of people have suffered under the public sector pay cap, and at least this Bill is one way of recognising their commitment.
Chris Bryant
I agree with all the different points that my hon. Friend made in her mini-speech. Indeed, I am going to make some of them myself, particularly in relation to resourcing in mental health units. It is self-evidently more difficult to make sure that staff are secure and safe at work if they feel that they are under-staffed.
Some people will think that no action is necessary and say that a new offence will make no difference. But I believe that we cannot be bystanders. We cannot just hold emergency workers’ coats while they are in danger. We cannot just issue warm words. Making something illegal will not necessarily stop it, of course, but I believe that legislation can play a role in tackling this scandal and clarifying the law, sending out as clear a message as possible that we—all of us—will not put up with this. If you attack an emergency worker you will face the consequences of your actions.
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
My hon. Friend makes a really important point. Quite a lot of this is normalised by society; there is an expectation that it is part of the job. This Bill sends a clear message that emergency services workers do not have to put up with this type of behaviour and abuse.
Chris Bryant
My hon. Friend is absolutely right; I agree with every word. Indeed, I am going to say it again myself later.
My Bill does three things. First, it introduces a new offence of common assault or battery against an emergency worker in the performance of their duties. As I am sure hon. Members know, there are similar offences on the statute book: common assault contrary to section 39 of the Criminal Justice Act 1998; and assault on a police constable, a prison officer or an immigration officer in execution of his duty under section 89(1) of the Police Act 1996, section 8 of the Prison Act 1952, and section 22 of the UK Borders Act 2007. There will be a test afterwards.
Wendy Morton (Aldridge-Brownhills) (Con)
I am not Welsh, but the west midlands are not too far from the Welsh border. Home Office statistics show that in the west midlands alone there were just over 1,300 assaults recorded against police officers in 2016-17. I hope that the Bill gets its Second Reading and continues. Does the hon. Gentleman agree that this debate, as well as dealing with assaults on emergency workers, should, and really will, send out a strong message to other public sector workers in areas such refuse collection, who also face assault, that these attacks are absolutely not acceptable and will not be tolerated?
Chris Bryant
I would like to cut the number of assaults on anyone in society—that is the truth of the matter. The hon. Lady makes a good point about public sector workers.
Incidentally, I should make one comment before I continue. My hon. Friend the Member for Lincoln (Ms Lee) referred to HIV. It is true that people often fear HIV infection in these situations, but it is almost inconceivable that somebody would be infected with HIV by being spat at. I want to make that absolutely clear. I would be horrified if my Bill were somehow to be used to increase the stigma attached to such illnesses.
There is a problem with the existing offences. Common assault makes no distinction between a member of the public and an emergency worker, and the other offences apply only to police, prison and immigration officers, and not to all emergency workers. What is more, they are all summary offences triable only in the magistrates courts, with a maximum sentence of six months.
By contrast, the Bill’s new offence will apply to all emergency workers. It will be an “either way” offence, triable in either a magistrates court or a Crown court, with a maximum sentence of 12 months, or a fine, or both. In essence, it will double the maximum sentence available for assault or battery of an emergency worker. It will give the Crown Prosecution Service an extra string to its bow and it will match the provisions already in place in Scotland.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
On that point, I am trying to understand the hon. Gentleman’s reasoning for the sentence on indictment being exactly the same as the sentence on summary. Will that be teased out in Committee? What was his thinking on that?
Chris Bryant
My original suggestion was that it should be six months on a summary offence and 12 months on an indictable offence, but the Government decided that they would prefer it to be 12 months on either. Because I am in an emollient mood, I decided to go along with the Government. That may be a question for the Government, today or in Committee. There is an argument for holding the Committee stage on the Floor of the House on one of the days that might be empty over the next few weeks, given the legislative programme.
Huw Merriman (Bexhill and Battle) (Con)
I am grateful to the hon. Gentleman for giving way so many times. He will be aware that the Attorney General can review unduly lenient sentencing for certain offences. I have called for that to be extended to offences against police officers, which the hon. Gentleman has referenced. Will he consider the possibility that, in Committee, the offences in the Bill could be wrapped into that extended power?
Chris Bryant
That is a good point, which had not occurred to me. The hon. Gentleman has made a good case for being on the Bill Committee, and that is up to me. The Bill Committee may be growing, however, so we may have to persuade the Government Whips; I have found that if one talks nicely to Government Whips, they are sometimes helpful. We might want to bring Committee or Report to the Floor of the House so that everyone can consider the proposals.
The second thing the Bill does is mirror, in clause 2, the provisions in part 12 of the Criminal Justice Act 2003. That Act made any offence aggravated when it was based on hostility to the victim’s race, religion, sexual orientation, disability or transgender nature. That statutory definition of aggravated offences built on the Crime and Disorder Act 1998, which stipulated that certain offences would attract longer sentences if they were racially or religiously motivated. So clause 2 of my Bill will put an assault perpetrated against an emergency worker on a legal par with a hate crime, and I think that that is the appropriate way to go. It means that the court must state, in open court, that the crime is so aggravated and must treat as an aggravating factor the fact that the offence was committed in such a way.
Clause 3 defines an emergency worker. Thanks to a glitch, I think the definition is not quite right, and we will want to improve it in Committee.
Chris Bryant
I thought that that might prompt the hon. Gentleman to intervene. Lo and behold, Zebedee appeared.
Jeremy Lefroy
I am surprised that the hon. Gentleman thought that, but I am most grateful to him for giving way and for all the work that he has done on this incredibly important Bill. On a point of definition, we could consider in Committee the inclusion of minor injuries units as well as urgent treatment centres and emergency departments. Aside from the nature of the injuries treated at each one, the public do not see much difference between those three types of emergency unit.
Chris Bryant
The hon. Gentleman makes a good point. I would prefer the inclusion of an additional subsection, which I think would meet his point. It would state that the Bill covered a person employed for the purpose of providing, or engaged to provide, healthcare services within the meaning of section 64 of the Health and Social Care Act 2012, subsection—I cannot read the little number. I agree that it is something that we need to address.
Victoria Atkins (Louth and Horncastle) (Con)
I welcome the Bill and I will support it, given the opportunity. Does the hon. Gentleman consider that clause 3 includes jailers—people who look after defendants in court while they are waiting for trials and so on? If not, perhaps some thought should be given to that. The cells at court can be volatile places and the people who work in that environment might be at risk.
Chris Bryant
That is another matter for us to tease out, of course. Clause 3(1)(e) is clear in referring to
“a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution”.
I think that that would cover such people, but—
Victoria Atkins
I jumped to clause 3(3), which defines a custodial institution, and I do not read that as including cells at court. This might be a matter for the Committee.
Chris Bryant
I feel as though we are already in Committee. The hon. Lady makes a good point. Once a barrister, always a barrister; I am not sure whether she is being paid by the word or by the intervention. [Interruption.] Sorry; there had to be one anti-lawyer comment today.
The third thing that the Bill does is make provision for the taking of samples when an assailant has spat at an emergency worker. It makes it an offence punishable by a fine of up to £500 for an assailant unreasonably to refuse to give an intimate sample, such as a blood sample. That matters, because so many officers and emergency workers have been spat at and lived in anxiety for months about whether they had contracted a communicable disease.
I want to be very careful about how people refer to HIV in particular, but I have had one example of a police officer—I met him yesterday—who was spat at, with the saliva entering his eye and mouth. The assailant refused to give a sample, and the police officer had a false positive test for hepatitis B, which created enormous anxiety. His wife and children had to be tested as well. I just do not think that that situation is appropriate, and I hope the Bill will help to change it.
Some have argued that the Bill is unnecessary because the sentencing guidelines already deal with the matter. In particular, they say that the guidelines on assault occasioning bodily harm—section 47 offences from the Offences Against the Person Act 1861—state that the court should consider the fact that the offence was
“committed against those working in the public sector or providing a service to the public”
an aggravating factor. I believe that that is drawn far too widely in the guidelines, and I want to throw a cordon sanitaire specifically around our emergency workers.
The sentencing guidelines also make it clear, as they have to by law, that there are two categories of aggravating factor: statutory, such as previous convictions and offences committed while on bail, which have been mandated by Parliament in statute law; and a non-exhaustive list of other factors, including location, timing, an attempt to conceal evidence and 14 other factors. The point is that the fact that the assault leading to bodily harm was on an emergency worker is not a statutory aggravating factor, and my Bill would make it just such a factor.
Those who argue that that is unnecessary are arguing against the very concept of statutory aggravating factors, including hate crimes. I believe that the country now widely accepts the proposition that such factors should exist. Moreover, the victims of hate crimes say that the very fact that the court has to state that the homophobic or racial element of the offence is an aggravating factor gives them a sense that justice is being done. Part of the fury that 999 workers feel is caused by the fact that that element is never stated in open court, but now it will be.
Paragraph 4.12(c) of “The Code for Crown Prosecutors” states:
“A prosecution is also more likely if the offence has been committed against a victim who was at the time a person serving the public.”
That, too, is written in the widest possible terms, and I am trying to enhance the protection specifically for emergency workers, because they put themselves in harm’s way on a daily basis.
Every single one of us knows that merely introducing a new offence will not put a sudden end to such assaults, and there is much else that we need to do to protect our emergency workers. This comes to a point that was made earlier: one reason many prosecutions are not brought is that the perpetrator is a vulnerable patient suffering from a condition that makes them violent. The health worker, who wants only the best for their patient, is understandably reluctant to press for a prosecution. A hospital might be so keen to keep out of the news that it will be reluctant to summon the police.
The truth is that if a mental health unit or an accident and emergency unit is under-staffed, it is far more difficult to maintain order and secure the safety of staff and patients. It should be a fundamental duty of any organisation that employs people in such circumstances to make sure its staff are safe. Someone who rocks up at A&E drunk or high and is told that they will have to wait for several hours is, of course, more likely to get aggressive and violent than someone who is seen swiftly. I do not say that to excuse anyone—of course I do not; violence against medical staff is morally offensive and medically counterproductive, and we should adopt a zero-tolerance attitude towards it—but health bodies need to put the safety of their staff at the top of their list of priorities, and the Government must give the NHS the resources it needs.
I am not going to make many partisan points, but it is incomprehensible to me why the Government are going to cancel NHS Protect, which provides the statistics on this—without such statistics, we would not have been able to have this debate—and will rely only on staff surveys to get such statistics in the future.
Ruth Cadbury (Brentford and Isleworth) (Lab)
My hon. Friend makes an excellent point about NHS resources. When I visited my accident and emergency department at West Middlesex University Hospital, I found that it is spending £2 million a year on additional mental health staff in the main part of the hospital, because there is not adequate capacity in the mental health services to enable people with acute mental health problems to be directed straight to the appropriate mental health services. The hospital has to spend a lot of money to protect the other patients and the staff in the accident and emergency department because so many people are very vulnerable when people with such problems come in and pose a risk. It has had to set aside separate rooms, but even then there is not enough capacity.
Chris Bryant
My hon. Friend makes a good point. This is a debate for another day, but my feeling is that this country wants a Swedish standard of NHS on American levels of taxation, and in the end I just do not think that works. The Unison survey I mentioned earlier said that 87% of mental health staff felt that the lack of staff was the major contributory factor in attacks, and 50% felt that over-reliance on agency staff was a problem because those staff do not know the patients well enough to ensure safety and deal with them appropriately. If the Bill is to have the desired effect, it is self-evident that the police, the Crown Prosecution Service and prisons will need adequate resources.
I again pay tribute to my hon. Friend the Member for Halifax. I was more delighted by her re-election than by the fact that I was myself re-elected at the general election. She has done a wonderful job of work, and we have worked closely together on this campaign. There are others I want to thank. This is going to sound like the Oscars now, but I am not going to thank Harvey Weinstein. I want to thank the Police Federation and all the trades unions—particularly the GMB, Unite and Unison, which have worked long and hard on this—as well as the Royal College of Nursing, the British Medical Association and the National AIDS Trust, which provided some important advice at the last minute.
I do not often say something like this, but many Conservative colleagues have helped me to get as tough a Bill as possible out of the Government parliamentary counsel. In particular, I am enormously grateful to the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), whom I think of as a friend. He was quite helpful when I broke my leg playing rugby—at Twickenham, incidentally—so I have to say that. I really never thought I would say this sentence, but I would like to thank the hon. Member for Shipley (Philip Davies), because he has lent considerable support to making sure that we are all singing from the same hymn sheet.
Finally, I thank the Minister. I have had a few tussles with some Ministers over the legislation. It is only right and proper when we are considering a new offence under which people may be sent to prison for a considerable period to have a barney about how precisely we draft that legislation. I am grateful to the Minister on the Front Bench and his colleagues. I very much hope that the Bill will have unanimous support. I hope, too, that the public who are watching will not think it an anti-climax if there is no vote. That simply means that the view of the House is unanimous: we will not put up with assaults on emergency workers.
Gareth Johnson (Dartford) (Con)
I, too, support the Bill. It is a pleasure to follow the hon. Member for Halifax (Holly Lynch) and the hon. Member for Rhondda (Chris Bryant), who rightly made the point that an assault on an emergency worker is not just a simple case of disrespect, but undermines the very fabric of our society. That places such assaults in a category all their own.
The hon. Gentleman also said that lawyers had a part to play, and I hope that, as a lawyer myself, I shall have some sort of contribution to make. During the 20 years or so in which I practised before coming to this place, my experience was that courts generally treated assaults on frontline and emergency workers in a context of aggravation, and that tougher sentences tended to be imposed. Notwithstanding that, it is right for us to put those protections in statute and reassure emergency workers in particular, when they go out to serve us and deal with the public, that we, as a Parliament, a country and a society, are behind them through legal means.
While, as I have said, I fully support the Bill, I hope that the hon. Member for Rhondda will forgive me if I draw the House’s attention to some of my concerns about it. I genuinely want it to complete its passage through both Houses and become law, but I do feel that it needs an awful lot of work. I have a great deal of sympathy for the hon. Gentleman, because I have presented a private Member’s Bill myself, and I know that it is almost impossible for such a Bill to reach this stage in a perfect state, so this is not a criticism. However, it is important for us to get it right now if it is to succeed.
I have to say that when I read the Bill’s long title I winced, because it referred to emergency workers acting in the execution of their duty, whereas the body of the Bill refers to “the exercise of functions”. It is unclear which of those terms will apply to any legislation. If I understand the procedure correctly, the long title cannot be altered at this stage. I hope that that does not hamstring the hon. Gentleman, and I certainly hope that the Bill will not be constrained by incidents in which workers are simply carrying out the execution of their duty. I have witnessed too many occasions on which people charged with assaulting police officers during the execution of their duty have been able to walk because of a technicality—a breach of the Police and Criminal Evidence Act 1984, for instance—which means that those officers have not, at that precise moment, been acting in the execution of their duty.
Chris Bryant
The hon. Gentleman has made a very fair point. One of the reasons for the difference between (a) and (b) is the fact that the long title was drawn up before the Bill had been written; it was agreed, effectively, on First Reading, and has now been agreed on Second Reading. During the intervening period, a great many people made representations to me about the problem of securing convictions under the tighter definition to which the hon. Gentleman has referred. It is not necessary to change the long title, because it is the main body of the Bill that carries the weight.
Gareth Johnson
I certainly hope that that is the case. What is positive about this is the fact that there is a cross-party consensus, and the Government are supporting the Bill. I think that an awful lot of work needs to be done by Government lawyers, and I hope that some of the lawyers in the Ministry of Justice will work closely with the hon. Gentleman to ensure that we have a workable Bill at the end of the process.
I also think that the Bill has problems with the definition of an emergency worker. The hon. Gentleman said he accepted that it did not cover all the medical workers that he wanted it to cover. The overwhelming majority of NHS workers would not be covered as things stand. It has been mentioned that people working in minor injury units will not be covered by the Bill in its present form, and that needs to change. A receptionist working in A&E would be covered, but a nurse working on a ward in a minor or other injuries unit would not. That is an anomaly that must be ironed out, and I am pleased that the hon. Gentleman has acknowledged that.
Chris Bryant
We are, in a way, having a Committee stage now. Let me explain how that issue arose. I discussed an original version of the Bill with the very lawyers at the Ministry of Justice whom the hon. Gentleman urged me to talk to. An element was taken out, because we felt that ambulance workers would not be covered, and in the process we lost other workers in the NHS. I have spoken to the Justice Secretary, and he made it clear that we would put that right in Committee.
Gareth Johnson
I am very reassured by that. It is excellent news.
It is also important, given that courts generally treat assaults on frontline workers as aggravated offences, for the Bill not to say to the courts, “This is Parliament telling you when you should and should not find an aggravated offence”. The danger is that someone who slipped out of the remit of the Bill could end up with a lesser sentence as a consequence. The courts need to understand that this legislation would be in addition to, not a replacement for, the current law. If they do not do so, people who would currently be treated harshly may not be in the future, because Parliament, by implication, has not included them in the body of the legislation.
Requiring emergency workers to be actively carrying out their functions also creates some problems. For example, a paramedic who was simply standing outside a hospital and was assaulted would not be covered by the Bill. I am sure that that is not the hon. Gentleman’s intention, and what I have said is not meant in any way to be a criticism, but I want the Bill to succeed.
The hon. Gentleman has rightly tried to include people who are off duty. As we know, emergency workers, especially police officers, often step in when they are off duty because they want to help someone out in particular circumstances, and it is absolutely right for them to be covered by the Bill. My fear is that the Bill is drawn too widely, because it simply covers any action that, if done while on duty, would constitute working, so it could even cover driving down a road. However, in a road rage situation, the court must—not can, but must— treat that as an aggravating factor, so that needs to be looked at.
The Bill also covers a number of offences under the Offences Against the Person Act 1861, but it does not refer to the Public Order Act 1986. The hon. Members for Halifax and for Rhondda both mentioned situations in which emergency workers were threatened with a knife. That will not be covered under the Bill, and it needs to be. It is not an assault; it is an affray and comes under the Public Order Act as threatening behaviour. Therefore, the courts would not treat it as an aggravating factor under this Bill.
I appreciate that some of these matters can be ironed out in Committee, and I reiterate that I fully support the principles behind the Bill. I pay tribute to the hon. Members for Rhondda and for Halifax and all those who have assisted with the Bill. It is vital that we get it into statute and working correctly, but it has some serious problems that have not been addressed. I will try to rattle through some of the brief points I want to make, because I am in no way trying to cause problems for the hon. Member for Rhondda in getting the Bill through Second Reading.
I want to highlight the hon. Gentleman’s definition of “emergency worker”, which for some reason does not cover customs officers, who can often put themselves in an emergency situation where they perhaps need the protection that the legislation would give to other emergency workers.
I am pleased that the Bill covers intimate and non-intimate samples. As we know, there have been many instances of police officers and other emergency workers being assaulted and having their lives placed in limbo. I shall never forget a case at City of London magistrates court where a police officer was in tears in the witness box because he had been bitten by somebody and he had just got married but, because tests were still being carried out on him, he was unable to consummate his marriage. He was unable to live a normal family life and he was in tears as a consequence.
The House appreciates that when an assault takes place on an emergency worker, it is not just the individual emergency worker who is affected; very often it is the family members as well. That is why this legislation is vital and it is right to ensure appropriate penalties for failing to give non-intimate samples. We do not want to end up making it better for someone with an infectious disease to refuse to give a sample because they would only get fined under this Bill, whereas if they gave a sample, that would be an aggravating factor and they would go to prison. That, too, needs to be sorted out.
In conclusion, I hope the Bill gets its Second Reading and is not opposed by anybody in this House. It would be a valuable contribution to the criminal justice system. It would give reassurance to emergency workers, who deserve it. It is a Bill worthy of the valiant emergency workers we have in this country.
Kelly Tolhurst (Rochester and Strood) (Con)
I am extremely pleased to speak in this debate. I congratulate the hon. Member for Rhondda (Chris Bryant) on introducing the Bill. His speech was very good, and it was lovely to listen to him. I also congratulate the hon. Member for Halifax (Holly Lynch) on working with her colleagues over the past 12 months to highlight the issue.
It is great that a Bill has finally been introduced to address the desperate calls to deal with assaults on our emergency workers. I will cover three important points: matching the punishment to the crime; ensuring that NHS emergency workers are protected; and having the ability to take bodily samples where there is a risk of disease transmission.
First, it is high time that we started protecting our protectors and ensuring that the weight of punishment was in balance with the weight of the crime. At the moment, the penalty for assaulting a frontline worker is far too low, and the aggressor can get away with just a fine, whether it be for spitting, biting or punching a public servant. There have been many examples of such assaults resulting in victims having periods out of work, yet the perpetrators get off scot-free.
I am blessed in Rochester to have some amazing police community support officers.
Kelly Tolhurst
The hon. Gentleman has been to my constituency many times. I am keen to see what happens to the definition of “emergency worker.”
Jim Fitzpatrick (Poplar and Limehouse) (Lab)
I am grateful for the opportunity to make this brief contribution and pleased to follow the hon. Member for Rochester and Strood (Kelly Tolhurst), who made a positive contribution and added her own story to some of the moving and horrific stories that we have heard and which have been experienced by emergency service workers across the country.
I congratulate my hon. Friend the Member for Rhondda (Chris Bryant) on choosing this subject for his private Member’s Bill. He correctly and generously added his acknowledgement of the work that my hon. Friend the Member for Halifax (Holly Lynch) has done in getting the Bill to where it is today. Curiously, and ironically, one of the most significant legislative achievements of parliamentarians is to win the private Members’ ballot. Clearly, that requires consummate skill, and perhaps my hon. Friend the Member for Rhondda can share how he did it with the rest of us, who have been struggling for 20 years and been unable to achieve it.
Chris Bryant
I had always wanted No. 18, as it was my number at primary school, and the first year I got that number, I won.
Jim Fitzpatrick
Well, there we are—that is the secret. I was going to poke some fun at my hon. Friend and say that his constituents must be proud of him, but of course having heard that he canvassed his constituents I am sure that they are actually very proud to see him introducing the Bill today.
I should declare that which a number of colleagues know: I was a member of London fire brigade for 23 years before being elected to this place. During my 13 years as an operational firefighter, the great anomaly was that on 364 days of the year there were always those, young and old, who wanted to come into the station to see the fire engines, but on 5 November we were not always that popular. In my day, there were many fewer organised bonfires and firework displays, and sometimes they needed fire attention and dousing for public protection. In the approach to fireworks season, whether Diwali, which is on now, or Guy Fawkes night, I hope we have a safe period for all celebrating. We have heard too often of fireworks being used as weapons against police, fire and ambulance workers.
I am grateful to the House of Commons Library, the Fire Brigades Union and London fire brigade for their briefings on this debate. The House of Commons Library briefing says, “Prime Minister Nick Hurd”—[Interruption.] Sorry, I meant to say Policing Minister, although some of us see the hon. Member for Ruislip, Northwood and Pinner (Mr Hurd) as a future Prime Minister—and the hon. Member for East Surrey (Mr Gyimah) has also been mentioned as a prospective future Prime Minister. The House of Commons Library briefing cites the Policing Minister as saying that
“the Government supports the spirit and principle of the Bill, but that ‘there will be detail to work through’.”
Of course that is great news for the whole House, where we have heard positive speeches from Members on both sides indicating that the Bill will pass Second Reading. The briefing goes on to list the number of assaults and attacks, saying that the Home Office estimated that there were 24,000 assaults on police officers in 2016-17 and that the latest bulletin from the Ministry of Justice on safety in prisons in England and Wales says that there were more than 7,000 assaults on prison staff.
On the subject of NHS staff, NHS Protect—which my hon. Friend the Member for Rhondda mentioned as being under threat—states that, according to the figures it has collected, more than 70,000 staff were affected in 2015-16.
Tom Pursglove
I could not have put it better myself. We all share the sentiment of “all power to the hon. Gentleman’s elbow” in making sure we get this on the statute book.
It is through the prism of my personal perspective that I look at this issue, but I do not want to detain the House for long because we must get the Bill through Second Reading today. We all support the provisions that underpin it. I want briefly to raise one gap in the law, however, that I hope the hon. Gentleman will consider in Committee. For me, that loophole was brought to the fore in a constituency context by the appalling treatment of a well-respected and dedicated police officer in Corby by the name of Candice Liverpool.
A few years ago, Candice received a report of a domestic dispute at a local address, and she attended the incident with colleagues. The male perpetrator had not committed any criminal offences, and on the attendance of officers he calmed down and the matter was resolved. At that point, he chose to become quite obnoxious to Candice. He did not raise his voice and remained calm, but he was extremely offensive on the basis of her colour. He used extremely derogatory and offensive language and appeared to enjoy her obvious discomfort and that of her colleagues, who were powerless to do anything.
Had the individual behaved in such a manner in a public place, he could have been arrested and dealt with under offences in sections 4 and 5 of the Public Order Act 1986, but that law applies only when the activity takes place in a public place or can be seen or heard from a public place. Because the offensive behaviour took place in a dwelling and could not be seen or heard by anybody outside the property, no offence was committed. In my opinion, that is wrong. I contend that any public employee, while lawfully on any premises, including private dwellings, as a result of their public service or role, should be protected in the law from racist or sexist abuse. To my mind, verbal assault is as unacceptable as physical assault. I hope the hon. Gentleman will consider that important point in Committee. There is clearly a gap in the law that could be filled.
I would also like the issue of the two-month commencement period to be addressed in Committee. I agree with the hon. Gentleman that we need to get through this as quickly as possible, and if time could be made available I would welcome that, but I wonder whether there is any scope to reduce that two-month commencement period so that progress can be made as quickly as possible.
Chris Bryant
The original version of the Bill suggested that Ministers should have to lay an order for the commencement of the Bill to happen, but I was keen that that should not be part of the Bill, and I thought that two months was pretty much the shortest period we could allow for the prosecuting authorities and others to get everything out there. I take the hon. Gentleman’s point, but we would be better off speeding up the processes in Parliament than the process after.
Tom Pursglove
I am grateful to the hon. Gentleman for that clarification, which addresses my point. We should consider anything that can be done to speed this up.
Like colleagues across the House, I pay tribute to emergency service workers in my constituency for what they do day in, day out on behalf of our communities. I cannot fathom how anybody could think it appropriate to verbally or physically assault somebody who is doing their job and trying to help them. As Members of the House, we are incredibly privileged to be able to see the work of our emergency services at close hand. That is an opportunity that not many members of the public ever get. We get a unique bird’s eye view of what is happening in our communities.
A few months ago, I went out on a “nightsafe” operation with local police officers in Corby. It was an eye-opening experience to see at first hand what they have to put up with—the volatile situations officers can find themselves in within a split second of a call coming in, the risks they face on a daily basis in fulfilling their duties. One of the big upshots of the Bill, apart from doing the right thing, is that the debate, not just in the House but out there in the country, will ensure much greater understanding among members of the public about what is going on.
The hon. Member for Poplar and Limehouse mentioned the House of Commons Library figures, but I think they bear repeating: 24,000 assaults on police officers in 2016-17; 7,159 assaults on prison officers in 2016-17; 70,555 assaults on NHS staff in 2015-16. Those are eye-watering figures that I do not think anybody in the country would have comprehended before we started a proper debate on this issue.
Simon Hoare (North Dorset) (Con)
It is a pleasure to speak in the debate and to follow my hon. Friend the Member for Eddisbury (Antoinette Sandbach). Let me start, as so many right hon. and hon. Members have—[Interruption.] I have only said three words, and the hon. Member for Rhondda (Chris Bryant) is asking me to speed up. I mean, I was just clearing my throat, and I was just about to congratulate him on bringing in the Bill—
Simon Hoare
Oh, he does not want me to. In that case, it is a great pleasure not to congratulate him on bringing in the Bill. To please him, as a fellow Welshman—that was obviously one of his key criteria for Members taking part in the debate—I will be as quick as I can.
It is important to remember, for the benefit of those the Bill seeks to protect, that there are protections in the law today. I just wanted to make sure that was on the record, because I would hate those who often work in vulnerable and dangerous circumstances to think this was the first time lawmakers had thought about this. As the hon. Gentleman said in his opening remarks, there is legislation already, but the Bill rightly seeks to identify a cohort of people whom we want to recognise for the work they do and for whom we want to provide additional protection.
In supporting the Bill, let me say that I think quite a few things will be teased out in Committee—if the hon. Gentleman is looking for recruits for the Committee, I would be very happy to serve on it. If it is not too late, we may need to think about the title of the Bill, because there are people we would want to be covered by clause 3, on the meaning of “emergency worker”, who would perhaps not be described as emergency workers.
Chris Bryant
I have inadvertently misled the House. Earlier, I suggested that I could not change the long title, but I could change it in Committee.
Incidentally, I was trying to say earlier that hon. Members do not have to keep on saying thank you to me and my hon. Friend the Member for Halifax (Holly Lynch).
Simon Hoare
Inadvertently, the hon. Gentleman—in his usual humble, don’t look at me, I’m pretending not to be here sort of way—has drawn attention to the hon. Member for Halifax (Holly Lynch). I know from talking to my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and to my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), when he was the Policing Minister, about the important work the hon. Lady has done on this proposal, and she deserves the thanks of the House.
It is great that the hon. Gentleman has confirmed that the long title can be changed. I just wonder whether it should refer to assaults on “public service workers”. There are a number of categories of people I do not think anybody would seek to demur from including. This is not a full list, but they might include social workers, as several Members have mentioned; psychiatric nurses, particularly when they are on an interaction; those who work for Border Force; people involved with public transport; and our local authority staff. We talk about ambulances, but I am not quite sure whether those who volunteer for St John Ambulance would be covered.
Simon Hoare
The hon. Gentleman nods, and I note that, as does the Minister.
I am also tempted to include traffic wardens, who are not always the sort of people we cheer for, but they do good work enforcing parking regulations, and they often suffer a huge amount of abuse from people who are caught.
My hon. Friend the Member for Beckenham (Bob Stewart) made me think about our armed forces. We have all read of instances when people in uniform in our constituencies have come under attack from those who do not hold our military personnel in high regard.
I am particularly pleased to see prison officers included in clause 3(1)(d). I have Guys Marsh prison in my constituency, and my hon. Friend the Minister has visited it with me. He and I heard first hand from some of the prison officers there of the day in, day out degrading behaviour they have to suffer at the hands of some prisoners. It would be good if, as a result of the Bill becoming an Act, which I very much hope it will, those who perpetrate entirely unnecessary attacks on our prison officers could have their tariffs increased somehow.
I close as I opened, by congratulating the hon. Members for Rhondda and for Halifax. I agree that it is a shame that the House will not divide today, because we need to make sure that the people in the country who are interested in this issue know that the Bill has the full, wholehearted and full-throated support of both sides of the House.
Chris Bryant
With the leave of the House, I should like to respond to the debate. My hon. Friend the Member for Halifax (Holly Lynch) and I have received so many congratulations, thanks and tributes today that I feel as though we are now married. This is made even more confusing by the fact that her partner is also called Chris. It would be quite surprising—[Interruption.] All right, calm down! It has been good that nobody has tried to talk the Bill out today or tried to keep the debate going for unnecessary purposes. Every Member who has spoken has done so either because they wanted to pay tribute to the emergency workers in their own constituency, because they had particular stories that they wanted to tell or because they had identified issues that they felt the Bill still needed to address.
I have a short list of the issues that I think we will need to address in Committee. One is the definition of emergency workers, which has been referred to by several people. There is a question of whether we should extend it to include other NHS workers, PCSOs and custody officers, for example. I am keen, however, not to extend it so far that we do not throw a cordon sanitaire, as it were, around our emergency workers specifically.
Secondly, as the hon. Member for Dartford (Gareth Johnson) said, we will need to consider the reference in clause 1 to
“in the exercise of functions as such a worker”.
We will need to make sure that that does not become a loophole or a “get out” clause for those who attack or assault our emergency workers.
The third area to consider is the list of offences that can be aggravated. Members might think it a slightly odd list. There is a rationale for it, but we should perhaps consider other offences, such as those under the Public Order Act, which several hon. Members have referred to. As I have said to several people, I am keen not to make the issue of spitting and biting one that adds stigma in particular to those with HIV. If that were to be an outcome of the Bill, I would not want it on the statute book. I am keen to get that right, so we might need to amend that clause. In addition, as I understand it, the Government have signified that a money resolution, and consequently clause 7, will not be necessary, so we will have to remove that clause in Committee.
I want to tell one brief story. A bit like my hon. Friend the Member for Halifax, a few years ago I was caught up in an incident. It was around the time that the foxhunting legislation was going through Parliament. I had taken quite a strong stance in favour of the legislation, and my house had been attacked many times and all sorts of horrible things scrawled over it—I was quite well known for my position on the legislation. I was going to a fundraising event in Cardiff—my hon. Friend the Member for Newport East (Jessica Morden) was there as well—and as I arrived, there was a large number of foxhunting activists outside the hotel where it was happening. They saw me from a distance and started chasing me, shouting all sorts of obscenities at me. They clearly wanted to—well, I do not think they wanted to have a conversation, let’s put it that way.
I am very grateful to the police, who bundled me into the back of a van and locked the doors. You could not see inside the van from outside and the people chasing me disappeared for a while. Unfortunately, the police forgot they put me in the van. [Laughter.] About two hours later, I managed to get through to 999 to be released from the police van, by which time I was in terrible need of a toilet. [Laughter.] There is a serious point to this story. We then decided to get me into the event through the back door. We created a phalanx of police officers—in front, to the side and behind—with riot shields to get me into the hotel. Incidentally, my hon. Friend the Member for Newport East was no use at all—she was not answering her phone.
Anyway, the police were trying to get me in, and one of the police officers was of Chinese background. Suddenly, the demonstrators saw us trying to get in through the back and started throwing stones, bricks and all sorts of things at us. At one point, they started shouting at the police officer I referred to, calling her—not my words—a “Chinky pig” and punching her. I am grateful to the police for getting me in, but what struck me when I was thinking about this last night was that although it was an aggravating factor that the attack on her was racially motivated, it was not an aggravating factor—it would have been had our Bill been law—that she was a police officer. That is all I want to do in the Bill—to put hate crimes and hatred of and assaults on our emergency workers on the same footing.
I am enormously grateful to everybody here today. I know how difficult it is when there are competing constituency events, especially for those from far-flung constituencies, particularly in Wales. I am also grateful for the Minister’s offer to progress the Bill as fast as possible. There are means, if the Government choose to adopt them, to get the Bill on the statute book by Easter next year. Let us see if we cannot do that together.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).