Crime and Policing Bill (Seventh sitting)

David Burton-Sampson Excerpts

Committee stage
Tuesday 8th April 2025 Public Bill Committees

If the list is intended to be exhaustive, I would not like to see a potential criminal get off by arguing that the control they exercised does not fit into any of the definitions covered by paragraphs (a) to (d). If the list is intended to be merely indicative, I would expect clause 33(4) to say, “The circumstances in which A exercises control over B’s dwelling include, but are not limited to, circumstances where A exercises control over any of the following”, and then to list paragraphs (a) to (d). I am unclear what clause 33(4) intends to do, but I would hope that the list covered by paragraphs (a) to (d) is merely indicative. In order to clarify that, I would have thought it would be routine and ordinary to insert the wording “but not limited to”.

[David Burton-Sampson (Southend West and Leigh) (Lab)]

It is a pleasure to serve under your chairship, Ms Lewell. This Government are taking strong new action to make cuckooing a specific offence, protecting the most vulnerable people whose homes are used by others to commit criminal activity. After the last Tory Government’s dereliction of law and order, a Labour Government will finally deliver and get the job done. We have already discussed in depth the plans to toughen up on child criminal exploitation, and that certainly extends into the world of cuckooing. The exploitation of children and vulnerable people for criminal gain is sickening, and it is vital that we do everything in our power to eradicate it.

Cuckooing is a particularly insidious and damaging form of victimisation, causing untold harm. One Essex mother has recounted how a gang from outside the county occupied her flat and used it as base from which to deal drugs. The gang took her car and she became a prisoner in her own home, scared for her own safety and too frightened to call the police. She said that they took the whole property over and were running a drug house, with people coming all hours of the day and at weekends, so they would be up all night. When she left her bedroom, she was threatened and felt that there was nothing she could do. It has destroyed her confidence. That is the reality of cuckooing.

There can be no doubt that this is a serious and hugely damaging crime. Charities have welcomed the introduction of this new stand-alone law focused on exploitative adults. It will shift the focus on to the perpetrator, not victims, and will help protect thousands of vulnerable people—young people and adults—identified as being at risk of criminal exploitation. We need to break the cycles of harm, punish the exploiters, prioritise the victims and put safety first. Simply charging people with drug possession ignores the core truth that these abusers are exploiting at-risk people.

The former Conservative Government did not take cuckooing seriously. Although they explored making cuckooing an offence under the antisocial behaviour action plan in March 2023, they determined that existing offenses were sufficient to respond to people engaged in cuckooing. It was only after Labour tabled an amendment to the Criminal Justice Bill in 2023-24 that the Conservatives agreed to work with the Opposition to introduce a new amendment. This Government are funding 13,000 extra neighbourhood police officers, with a named officer in every community. Having more officers on the ground will also go a long way to help deal with this appalling exploitation of vulnerable people.

Cuckooing is a growing concern in many areas, including in Southend-on-Sea. Essex police has highlighted cuckooing as a key issue relating to county lines drugs operation. These people exploit the vulnerable, as we have said, including children and those with mental health issues or addictions. The safeguarding efforts of the Essex constabulary, who police my constituency, include highlighting initiatives, training, audits and vital partnership collaboration to ensure the protection of vulnerable individuals.

The hard work of Essex police has made Southend and the surrounding areas safer to live. The force takes a robust approach to criminals who are intent on supplying drugs to vulnerable people and causing harm to our communities, and has trained more than 450 police and partner agency staff to recognise the signs of cuckooing. Leaflets and posters describing the signs of cuckooing and how to get help have been sent to victims, their neighbours, community partners and police stations. Huge efforts have been made to deal with the increase in cuckooing.

A key objective for the force is to ensure that children and vulnerable individuals receive proper support and safe-guarding. Triage teams have been created and information sharing with social services and other agencies has improved, but it is a huge challenge for our police forces, taking up significant amounts of manpower.

Southend-on-Sea city council has been working to raise awareness of county lines activity too—in particular, how criminal gangs exploit young people to transport drugs and the dangers of cuckooing. The council’s #SeeTheSigns campaign aims to raise awareness and prevent recruitment into these terrible networks and to avoid people’s homes being taken over.

Neighbourhood policing has always been the cornerstone of our proud British tradition of policing by consent, yet the previous Government let the number of officers in local roles collapse, with dire consequences. We even heard from the hon. Member for Gordon and Buchan that it is difficult with current resources, so thank goodness this Government are increasing the resource. We are delivering the police and the police community support officers in local communities equipped with tougher powers to crack down on the exploitation of vulnerable people.

My local force is appealing for anyone who feels that cuckooing is happening to them, or to someone they know, to please tell them, so that the police can make sure they are safe and deal with those who are exploiting them. This is often a hidden crime, harmful and dangerous. Everyone deserves to feel safe in their own home, not held hostage and deprived of their basic freedoms. Cuckooing is an appalling crime; it victimises people and it must stop. I am incredibly grateful for the work of the police and other agencies in ensuring swift interventions, ensuring a positive outcome for residents, and I thank them for all they do.

Community vigilance and support is vital in tackling such issues. If residents see frequent visitors at unsociable hours, changes in a neighbour’s daily routine, unusual smells coming from a property, suspicious or unfamiliar vehicles often outside an address, they should report it to the police. We need this stand-alone law. Cuckooing is an absolutely horrendous business, so I welcome clauses 32 to 34, and I commend the Government for the actions being taken.

[Mr Alex Barros-Curtis (Cardiff West) (Lab)]

It is a pleasure to serve under your chairship, Ms Lewell; after some excellent contributions on this set of clauses, I hope not to disappoint you. It will not surprise you to hear that I support clauses 32 to 34 and schedule 5.

As we have heard from Members on both sides of the Committee, cuckooing destroys lives, destroys homes and serves as one of the most egregious examples of exploitation, especially of children, in society currently. It is a despicable and offensive practice, wherein criminals exploit the most vulnerable in our communities by taking over their homes for illegal activities, so I commend the Government for creating a new bespoke criminal offence to tackle the practice of home takeover.

For too long, as my hon. Friends have said, cuckooing has been a subversive injustice in our towns. As the Government state in the papers supporting the Bill, unfortunately there is no centrally held data; I hope that, after the implementation of the criminal offence of cuckooing, we will begin to see such data for all the home nations.

As my hon. Friend the Member for Southend West and Leigh said, many people may not even notice it is happening, at least to begin with. There are several signs to look out for that may indicate someone is a victim of cuckooing: frequent visitors at unsociable hours, changes in a neighbour’s daily routine, unusual smells coming from the property, and suspicious or unfamiliar vehicles outside an address—individually they seem innocuous, but in reality they are insidious and malign.

Drug dealers, human traffickers and violent gangs all can prey on children, the elderly, the disabled and the most vulnerable in our society. They force their way into their victims’ homes, using manipulation, threats, coercion and violence to turn their homes into drug dens, bases for exploitation and centres of criminality. As both the hon. Member for Isle of Wight East and my hon. Friend the Member for Southend West and Leigh said, that is typically across county lines.

The victims are left terrified in their own homes, their mental and physical wellbeing deteriorating in the very place that they are meant to feel most safe. Neighbours suffer as their streets are blighted by crime and antisocial behaviour, and are unable to feel safe in their own community. As was eloquently expressed by my hon. Friend the Member for Forest of Dean, despite their tireless efforts, our law enforcement officers have lacked the legislative tools to tackle cuckooing effectively.

Clauses 32 to 34 and schedule 5 will change that. Those vital clauses will introduce the specific criminal offence of cuckooing, ensuring that those who invade and exploit vulnerable people’s homes can face the severest of consequences. By making cuckooing a distinct offence, we send a clear message that we will not stand idly by while criminals hijack the homes of the weak and defenceless. I pay tribute to all the campaigners and organisations who have researched and campaigned for the creation of this specific offence over many years.

The clauses will give police officers greater powers to intervene early, ensuring that victims are safeguarded and perpetrators are brought to justice; they will enable faster action by enabling authorities to have the necessary powers to arrest criminals, and they will allow homes to be returned to their rightful residents without the current muddy legal waters that are delaying and frustrating justice, as my hon. Friend the Member for Forest of Dean said.

The clauses should be seen not in isolation, but as part of a package of measures to protect children and vulnerable people. Last week, we discussed child criminal exploitation and the offence that the Bill will create in that regard. These are all essential legislative components of the Government’s safer streets mission, which should be supported across the House. I think we have seen a demonstration of that with the comments from both sides of the House in respect of these clauses. I reiterate my support for the clauses and welcome that cross-party support. Making cuckooing a stand-alone criminal offence, with a maximum penalty of five years in prison, sends the clearest signal that we are on the side of victims in furtherance of our safer streets mission.

--- Later in debate ---

[Harriet Cross]

Clause 36 introduces a new criminal offence targeting what are termed child sexual abuse image generators. Simply put, it will make it illegal to make, possess or distribute any tool—an AI model, computer program or digital file—designed to create indecent images of children. It addresses what has been up to now a concerning gap in the legislation. We know that technology is advancing to the point at which artificial intelligence can produce realistic child abuse images without any child being photographed.

If someone deliberately develops or shares software to generate child sexual abuse material, they are enabling heinous crimes, so it is right that clause 36 makes that explicitly illegal and punishable. The clause introduces new sections to the Sexual Offences Act 2023. It defines a CSA image generator in deliberately broad terms, covering any program or data created for producing child sexual abuse images. That breadth is essential to prevent offenders from evading liability through technical arguments about, for example, what constitutes a photograph in the digital age. Whether it is an AI model trained on abusive images, a computer-generated image rendering program or any digital template for indecent images of children, it will fall within this ban.

Government amendment 11 ensures that the offence is added to schedule 4 to the Modern Slavery Act. That is an important safeguard to prevent offenders from claiming that they were victims of trafficking to escape liability for creating these abhorrent tools. It is entirely appropriate that this offence, like other serious sexual offences against children, should be exempt from the slavery defence. Although we must of course protect genuine victims of trafficking, that exemption is necessary to prevent abuse by removing the defence in cases involving the deliberate facilitating of child sexual abuse.

Clause 36 is a proactive step taken against emerging threats. The previous Conservative Government started focusing on the dangers of AI-generated child abuse images, and I am pleased that the current Government are continuing with that.

[David Burton-Sampson]

The former Conservative Member for Chelmsford tabled an amendment on this matter to the Criminal Justice Bill, which Labour supported in opposition, but unfortunately it was not added. Is the hon. Lady now happy that this measure is being added to the Crime and Policing Bill?

[Harriet Cross]

Yes, I think I just said that. I am pleased that the Government are continuing with this measure.

The clause aligns with the Conservative approach to zero tolerance for child exploitation technology. We built the foundations of that in 2015 through the paedophile manuals offence, and the law is now being updated for the digital age.

I have two quick questions for the Minister. What plans are in place to identify and intercept CSA image generators online once this offence is enacted? Will there be proactive efforts, working with internet companies, for example, and internationally, to root out these tools before they are spread? How do the Government plan to ensure that legitimate AI research and development is not inadvertently captured by this offence, while ensuring that all genuinely harmful tools are prohibited?