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.

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[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?

Crime and Policing Bill (Eighth sitting)

David Burton-Sampson Excerpts

Committee stage
Tuesday 8th April 2025 Public Bill Committees

[Matt Bishop]

Clause 45 demonstrates, once again, that this Government are serious about protecting children from what I think we would all agree is one of the most hideous of crimes—child sexual abuse. The impact of such abuse can last a lifetime, but far too often the voices of victims remain unheard.

Having worked closely with vulnerable children and witnessed the devastating consequences of abuse, I am extremely supportive of the inclusion in the Bill of the duty to report child sexual abuse. The clause places a clear legal responsibility on professionals such as teachers, healthcare workers, social workers and others to report any suspicion or knowledge of child sexual abuse. It ensures that when these individuals encounter children at risk, they cannot remain silent. They must act, safeguarding the child and ensuring that the abuse is reported to the relevant authorities as soon as possible.

For too long, we have seen cases where abuse has gone unnoticed or unaddressed because there was no legal duty to act. That gap in the law has allowed perpetrators to evade detection and left children vulnerable to further harm. By making it clear that silence is no longer an option, this provision empowers professionals to intervene early and prevent further abuse.

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

Does my hon. Friend agree that although it is crazy that this was not a mandatory requirement in the first place, it is great to see a further recommendation from the IICSA report now being acted on and hopefully becoming law?

[Matt Bishop]

I absolutely, wholeheartedly agree with my hon. Friend. It is crazy that it was not mandatory in the beginning but, as he says, we have all taken steps to make sure that it is now.

On a few occasions in my past career, I would speak to professionals after an abuse case had been alleged, and found out that they had no idea what had been happening. On other occasions, professionals had been suspicious for a long time but did not think that they had the evidence to act. Often, the abuse would then go unreported for many months—in some cases years. Some professionals—not all, but some—chose not to report through naivety or because of concern about the repercussions for themselves, and some just chose not to report at all. So, it is important to note that this clause does not criminalise those who are unaware of abuse, but rather holds accountable those who fail to report when they have a reasonable suspicion. This legal clarity will encourage professionals to act decisively and without fear, knowing that they have a duty to protect children. The provision will strengthen our child protection system and ensure that those in positions of trust cannot ignore their responsibility to act when they suspect abuse. This is a vital step in ensuring that no child falls through the cracks, and that those who seek to harm them are held accountable.

In conclusion, the duty to report child sexual abuse is a necessary and positive change. It will protect children, support professionals in their efforts to safeguard the vulnerable, and help bring perpetrators to justice. I fully support the clause and believe that it represents a significant step forward in safeguarding our future generations.

Crime and Policing Bill (Fifth sitting)

David Burton-Sampson Excerpts

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[Luke Taylor]

I will finish my remarks by again encouraging the Minister to consider what we can do, and to take every opportunity available to include in the Bill the measures that I have mentioned.

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

It is a pleasure to serve under your chairship, Dr Allin-Khan. I refer Members to my declaration of interests.

I will keep this brief. The abuse of shop workers is simply unacceptable. People who are at work and offering an essential service to the public, and who are normally at the lower end of the salary scale, should not be subjected to such violence and intimidation when simply doing their job. USDAW’s “Freedom From Fear” report shows that in the last 12 months 77% of shop workers were verbally abused, 53% were threatened and 10% were assaulted. I know about this issue from my early career, when I was a store manager for a food store. I was abused on a number of occasions and once had a blade pulled on me when I was attempting to stop a shoplifter. This has been going on for years and it needs to stop.

During the pandemic, as we all know, we started off clapping the doctors and nurses and we eventually spread that out to everybody who was keeping our essential services going, including our shop workers. It is shameful that despite the petition launched in July 2020 and signed by 104,354 people, which the hon. Member for Stockton West pointed to, and the Westminster Hall debate, the former Conservative Government refused to recognise abuse of a shop worker as a separate offence until they were dragged, kicking and screaming, by the industry and the Labour Opposition at the time. It is therefore interesting to hear the Conservatives waxing lyrical about this issue today, despite the fact that we had to pull them to this point. It is equally admirable to see the Government bringing this action forward.

Many shop workers are pleased that the Government’s respect orders will support this new legislation and give them more protection. As a package, this is a positive move forward that will support my former colleagues and all retail workers. I fully support clauses 14 and 15.

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[David Burton-Sampson]

It was actually former Prime Minister Theresa May, when Home Secretary in 2013, who said that the new low-level threshold would “free up resources” and that

“Having to pass low-level offences to the Crown Prosecution Service wastes police time.”—[Official Report, 10 June 2013; Vol. 564, c. 75.]

I am not sure how shop workers and owners who have been subject to low-level crime over the last 10 years would feel about that. How does the hon. Gentleman feel about it?

[Matt Vickers]

I will probably come on to this later, but quick justice is effective justice. We do not want prolific offenders waiting for court dates in the Crown court, when we could be dealing with them more quickly.

There are two big debates about how this should play, and I am sure we will hear them at length in the Committee. There is a real issue with whether something that goes to the magistrates court is dealt with quickly or otherwise, but a lot of this is about perception and the £200. According to the impact assessment produced by the Government for the Bill, 90% of the offences of shop theft charged are for goods with a value under £200, so it is a myth that people are not being charged for offences under £200. Maybe we need to be telling retailers and police that, but people are still being charged for offences relating to goods of low value, and rightly so. If someone steals, there should be consequences, but it should be dealt with more quickly than waiting for a date in the Crown court.

We heard during the evidence sessions concerns about the impact that making theft from a shop triable either way will have. Giving offenders a choice between the Crown court and magistrates court will mean that they can opt for delays, and it will potentially result in a lower conviction rate. There are huge concerns that that could add to the backlog and further frustrate the system, and that the individuals concerned could continue to commit such crimes while awaiting justice. Oliver Sells KC said:

“Speedy justice is much more effective than slow justice.”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 20, Q29.]

A number of our witnesses seemed to share the perspective that delays to justice could come at a great cost. Does the Minister agree that, should the change lead to lengthy delays in justice, it could be counterproductive? Will she commit to reviewing the impact of the measure after a given time?

The change seems to be based entirely on a misperception that action is not taken on shoplifting of goods under £200 in value. The Government’s own impact assessment for the Bill confirms that the vast majority of shoplifting offences charged—in fact, 90%—are for goods under £200 in value. Matthew Barber, police and crime commissioner for Thames Valley, has submitted written evidence to the Committee on specifically this issue, in which he states:

“The current legislation means that in most circumstances theft below £200 will be dealt with at Magistrates Court. The idea that below £200 the police do not investigate or prosecute, let alone the courts convict, has been described as an urban myth. It is actually a clear message that has been promoted by the Home Secretary herself, despite evidence to the contrary. Many cases of shoplifting below £200 will be investigated by the police, arrests made and charges brought. Magistrates can convict and sentence for these offences and they do. Within current guidance there are also provisions that allow a case to be referred to the CPS for prosecution in the Crown Courts. This helps to deal with prolific offenders in particular.

So what is the problem that the Government is seeking to solve? If it is one of perception, then surely that is a perception in large part of their own making. At the time the changes were brought in it was estimated that it would remove approximately 50,000 cases from the CPS and Crown Courts. I do not know if the Home Office or the Ministry of Justice have made an assessment of the expected increase in cases going to the higher courts, but with the passage of time, increased reporting, and better policing of this crime it does not seem unreasonable to suggest that this proposed legislation could put 100,000 additional cases into an already overheated Crown Court system. In the majority of those cases I would hazard that offenders are likely to receive sentences that could have been delivered more swiftly and cost effectively by magistrates.

I am not suggesting that the proposed law will directly hinder the police in their work or directly lead to worse outcomes, however I can see no likely benefit to come from additional cost and delays being introduced to the system.”

Ordered, That the debate be now adjourned.—(Keir Mather.)

Crime and Policing Bill (Third sitting)

David Burton-Sampson Excerpts

Committee stage
Tuesday 1st April 2025 Public Bill Committees

[Matt Vickers]

We saw what happened with ASBOs: people started wearing them as a badge of honour. This amendment could strengthen respect orders, providing real sanctions and consequences for people who fail to engage with what is on offer and with the opportunity to change their behaviour. It is the right thing to do not only by the people who commit offences and need setting in a new direction but for the communities who suffer at their hands. Those communities want to see that there are real consequences for them, and that such people do not think that they are above the law and can get away with anything. It is entirely right to strengthen respect orders further.

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

It is a pleasure to serve under your chairmanship, Mr Pritchard. Does the hon. Gentleman agree that the fact that breaches of respect orders will result in a criminal offence that is triable either way is enough of a deterrent? The consequences of breaches will be much greater than they are now.

[Matt Vickers]

We need to give the justice system and agencies all the powers that they can have, because at the end of the day, it is their discretion that will determine which of these things are applied. If someone breaches an order more than once, and they are subject to several respect orders, which is what the amendment relates to, there should be a stepladder of consequences. We should give the agencies and the Ministry of Justice all the tools and powers that they can use to deter people from committing another offence or indeed being subject to yet another respect order.

This is a common-sense amendment. It gives our justice system the tools that it needs to enforce respect orders properly, protects communities from persistent offenders and upholds the principle that the law must be respected.

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[Matt Vickers]

I beg to move amendment 34, in clause 1, page 4, line 18, at end insert—

“D1 Power to move person down list for social housing

A respect order may have the effect of moving any application the respondent may have for social housing to the end of the waiting list.”

This amendment would mean that a person who receives a respect order would move to the bottom of the waiting list for social housing, if applicable.

Amendment 34 would mean that a person who receives a respect order would move to the bottom of the waiting list for social housing, if applicable. This is a crucial measure that can play an essential role in ensuring that the allocation of social housing is fair, responsible and aligned with the values of respect and community responsibility. The key benefit of the provision is that it provides an additional incentive for individuals to behave in a way that upholds community standards.

[David Burton-Sampson]

On that point, does the shadow Minister not believe that everybody has the right to decent housing?

[Matt Vickers]

I do. At the moment there are huge challenges around housing. People who live in social housing want to live next to someone who treats them with the dignity and respect that they deserve. That is fair on the people who might be their neighbours and fair on the other people in that list. There is a list for a reason, and the people who misbehave should feel the consequences of doing so.

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[Jack Rankin]

On the more substantive point, there were some missed opportunities to toughen the clause up a bit. The perception of respect orders is that they could become ASBO mark 2. I recognise that they are a little tougher than past measures, but there is bit of a missed opportunity.

[David Burton-Sampson]

As other Members have said, antisocial behaviour is out of control. Around 35% of respondents to the crime survey for England and Wales in March 2024 said they had witnessed or experienced antisocial behaviour in their area. We must remember that a significant amount of antisocial behaviour goes unreported, so the reports that we get are probably a misrepresentation of the level of antisocial behaviour that is actually out there. I agree with my hon. Friend the Member for Hemel Hempstead that it is an indictment of the previous Government’s record that action was not taken on this issue, but I am glad that the hon. Member for Windsor welcomes the respect orders and can see that this Government are starting to take control of antisocial behaviour.

Crime and Policing Bill (Fourth sitting)

David Burton-Sampson Excerpts

Committee stage
Tuesday 1st April 2025 Public Bill Committees

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

I find myself agreeing with the shadow Minister on the menace that unauthorised, misused motorised vehicles cause to our society. Untaxed bikes are roaring through our housing estates. Just this weekend, I was taking my dog for a walk and three untaxed motorbikes were roaring up and down the road, where there were young children and families walking along. My dog got scared every time they went past.

These vehicles are a real menace. Illegal e-scooters whizz along the pavements. In Basildon, in south Essex, two young people were killed on an illegal e-scooter only recently. That is really sad: two young children had their lives ended on one of these illegal e-scooters. Modified electric bikes are also being dangerously driven on our roads. In my constituency, this is very much an urban problem, but the problem exists in different forms in rural areas. It affects all communities in one way or another.

There is also the issue of crime associated with illegal bikes and illegal e-scooters. The shadow Minister has lots of ideas on how to solve this problem, but during the last year of the Conservative Government, there were an average of 214 snatch thefts, often facilitated by e-bikes and e-scooters, every day on our streets in England and Wales. That was a 150% increase on the previous year. That shows the former Government’s massive disregard for law and order. The Conservative party now comes here with ideas for improvement, but we are actually taking action to stop this problem.

The fact that a warning is needed before these ridiculous illegal vehicles are seized creates an element of immunity for users—if they are going to get a warning, they will keep trying to push their luck—so I welcome the removal of that requirement. It is time to get tough in this area and give the police the powers they need to act promptly.

[Harriet Cross]

I completely agree that it is time to get serious about this issue. Will the hon. Member support our new clause that would give police the power to confiscate these vehicles from people’s houses?

[David Burton-Sampson]

I appreciate the hon. Lady’s point, but the key is to get these vehicles as soon as they are spotted on the streets.

[Jo Platt (Leigh and Atherton) (Lab/Co-op)]

My hon. Friend is making an excellent point. Where the community comes in is a game changer, because it is all about intelligence. What will make the difference in seizing these off-road bikes is the police working with our local authorities and communities.

[David Burton-Sampson]

Absolutely. I could not have said it better myself.

We need to get this provision into law as quickly as possible, as part of this whole raft of changes. The police need to be able to act promptly when they see these ridiculous vehicles causing so many problems on our roads and in our communities.

[Dr Lauren Sullivan (Gravesham) (Lab)]

These vehicles are also having a huge impact in Riverview and Coldharbour, in my community. The police have been doing some good work with drones to follow these people to their home addresses. With the change in the law to allow police to seize the vehicles straight away, does my hon. Friend think that such interventions could support the police and communities in cracking down on the problem?

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[David Burton-Sampson]

I agree 100% with my hon. Friend. Over the past couple of weeks, Essex police has focused particularly on using similar techniques to drive down the use of illegal e-scooters.

It is time to get tough. We need to act promptly when we come across these perpetrators and get these vehicles off the road. I am pleased with the change to the law that will be made by clause 8.

[Luke Taylor (Sutton and Cheam) (LD)]

First, I express general support for the clause. I welcome the measures to combat this menace in our communities, which we have heard about in the room here today and also in the Chamber on Second Reading. We have not only the risk of the antisocial behaviour itself, but the enabled crime that it is linked to such as phone snatching and similar offences. Again, it is welcome to try to reduce those incidents where possible.

This weekend, I was in a discussion with a resident who talked about the impact of illegal off-road bikes in Overton Park in my constituency. They talked about their fear that if one of those vehicles hit their child—they are often not even full-sized off-road vehicles, but small, children’s off-road bikes—it could cause serious injury. There is a real fear among residents.

We also have an issue around illegal e-bikes being driven on our high streets, often in zones shared between pedestrians and cycles. Heavier, illegally modified bikes are used often by food delivery companies that absolve themselves of any responsibility because the bikers are all independent contractors or independent riders. The companies take no responsibility and have no interest in cracking down, so enforcement is left to the local police. They have problems spotting whether the vehicles are illegally modified and then there is the issue of police resources. Many of us sound like a broken record on this: the powers are all very well, but the challenge is actually having the resources in our neighbourhood policing units to enforce them.

I have a concern not only linked to the manpower required to police the bikes, but on some of the details and practicalities of the powers, so I would welcome further details from the Minister. Will there be any process of appeal for the individual if the bike or vehicle is taken away in the first instance without a warning? Would it just be down to a single officer who says a particular offence is antisocial? I have had people contact me with concerns because they have been stopped in a vehicle for fast acceleration or for driving in a particular way on a single occasion. They worry that under the powers granted in the Bill their vehicle could be immediately confiscated. They feel that the powers might be misused by individual police officers, so there is a concern over that process, and how the power given to a police officer can be used in a single instance.

Would vehicles be fully traced and tracked to see whether they are stolen? We should ensure that we do not crush or dispose of vehicles that can be returned to their owners. Would the powers be enforced on the owner alone? If a vehicle had been taken without permission or was being used without the knowledge of the owner, would there be a process to ensure that the vehicle was not used again without the understanding of the owner? The removal and disposal would seem to be an overreach in that circumstance.

On the timescale of disposal and how that would be done, I heard the concerns about the immediate re-selling of vehicles back to the wrong ’uns they were taken off in the first place. It is a valid concern. Will that disposal mean cubing it and putting it in the recycling, or does it mean selling it on? What constraints will be put on the police to deal with vehicles that are taken?

My understanding of the current guidance is that warnings are necessary only where repeated tickets are impractical. Can the Minister talk about where the existing description of “where impractical” is insufficient for police officers? In discussions with the police, I imagine that the phrase “where impractical” has been identified as problematic. Can we draw out a bit why it is causing issues?

There is a question around whether the powers would apply to problem areas, particularly in central London where high-powered, very expensive vehicles have been reported as causing noise nuisance and alarm to local residents. We have all read stories of vehicles being imported from the middle east by foreign owners, and these vehicles causing noise nuisance in central London, in the Kensington and Chelsea areas. Would the powers allow those vehicles, which are often very high-value vehicles, to be taken without a warning in the first place? I think there is an appetite from many for that to be the case, but there would be concerns over the sheer value of those vehicles and how the police would deal with that.

I find some of the new clauses interesting and there is actually a lot of sense in many of them. Again, I would be interested to hear the Minister explain why each power they provide for is either undesirable or already covered in the Bill.

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[Anna Sabine]

Broadly speaking, we welcome any effort to reduce knife crime, which is obviously a terrible and growing problem. We note Chief Constable De Meyer’s comment, in the oral evidence last week, that the police felt that the measure would allow them to deliver more sustained public protection, which is a good thing, and to have more preventive power. That is all great.

I have two specific questions for the Minister. The first concerns the offence of possessing an article with a blade or an offensive weapon with the intent to use unlawful violence. I represent a fairly rural constituency that comprises some market towns and a selection of villages. Even there, local headteachers tell me that a growing number of schoolchildren, usually boys, are bringing knives into school, because they wrongly think that bringing a knife will somehow defend them against other boys with knives. How do we ensure that no other schoolchildren will get caught up in an offence aimed at the kind of people we might think of as bringing a knife with the aim of committing an unlawful action?

My second question relates to the National Farmers Union’s evidence from last week. The NFU talked about the challenge of catapults often being used not just in wildlife crime but in damaging farming equipment. It said that it understands that it is an offence to carry in public something that is intended to be used as an offensive weapon, but with catapults, it is particularly difficult to prove that intent. It wondered if more consideration could be given to listing catapults as offensive weapons.

[David Burton-Sampson]

We all know that knife crime ruins lives—for the victim, their family and friends, the perpetrator’s family, and even for the perpetrator. My constituent Julie Taylor is the grandmother of a knife crime victim. On 31 January 2020, Liam Taylor was murdered outside a pub in Writtle—a pleasant place that not many would associate with violent crime. Four individuals approached Liam and three of them attacked him, resulting in Liam being stabbed to death and his friend receiving a serious injury. The attack came in retaliation for an earlier incident, which neither Liam nor his friend were involved in.

Since Liam’s murder, Julie has become an amazing campaigner in the battle against knife crime. She regularly visits schools, universities, colleges, football clubs, scout groups and the like to share Liam’s story and highlight how knife crime destroys lives. She has placed over 500 bleed control bags and 26 bleed control units in key locations across Essex. Sadly, 12 of those have already been used to help 13 people—yes, there was a double stabbing. Her work is all voluntary; she does it in her free time. That is how passionately she feels about the issue. When we met last week, Julie told me:

“All I want is to stop these young people carrying weapons as I can tell you once you lose a loved one to any violent crime, your family is never the same again.”

I shared with Julie the Government’s plans to tackle knife crime through the Bill, and she was delighted. She told me that clauses 10 and 11—and, if the Committee will indulge me, clause 12—are what campaigners have been calling for for so long.

With 1,539 knife crimes taking place in Essex in the year to March 2024 alone, tough action is needed now. These clauses, alongside other measures, will help with the Government’s goal of halving knife crime over the next decade. We must take a truly multi-agency approach, working with the police, charities, young people, victims’ family members, like Julie—they have a real part to play—and businesses, tech companies and sports organisations. I thank the Government for introducing the clauses; they have my full support.

[Joe Robertson]

I find myself again speaking after a number of others who have spoken eloquently, and broadly with consensus, about the direction of travel of this provision. I obviously support amendment 39 and new clause 44. Knife crime and the way it destroys lives is such a specific and horrific problem for law enforcement. The hon. Member for Southend West and Leigh gave a good summary of those affected, including young perpetrators and their families. Through using knives at a young age, those perpetrators often get swept into the worst of criminality. Once they are in that world, it is incredibly difficult for them to be brought out of it. Of course, there can be numerous innocent victims, who might stand in the way and get hurt too. I urge the Government to understand that the best possible way of tackling this is to ensure that the courts have the strongest possible sentencing powers. Clearly, 14 years for possessing an offensive weapon would not be appropriate in all cases, but there are cases where it would be—and if the courts do not have those powers, they cannot sentence people to 14 years.

Crime and Policing Bill (First sitting)

David Burton-Sampson Excerpts

Committee stage
Thursday 27th March 2025 Public Bill Committees

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

Q Chief Constable De Meyer, looking at knife crime, there is a new offence of possession of a knife or offensive weapon

“with intent to use unlawful violence”.

Can you explain how operationally that bridges the gap between the current legislation on simple possession and using a bladed article or offensive weapon to threaten or harm somebody? How is this going to help us to drive down knife crime?

Chief Constable De Meyer: This allows for greater sanctions against those who are evidenced as having caused harm or are known to be intending to cause harm. The important point here—it goes to the point I made at the beginning—is that the law will now more closely reflect the circumstances of the case, because regard can be had to the totality of the circumstances when the investigation is being carried out, when the case is being presented at court, and ultimately when the sentence is being passed if the person is convicted. Rather than relying only on the simple act of possession, the investigation and the court can have regard to the intent of the individual and the much greater seriousness of the circumstances that that implies.

It also means we will be much better able to deliver what we term “sustained public protection”. Rather than simply bringing someone to justice for possessing a knife without being able to produce evidence as to what their intention might have been, we can now adduce that evidence and, one imagines, come up with a tougher sentence that has much more preventive power.

[The Chair]

If the witnesses are in broad agreement, it is fine if only one person answers, unless there is something else you want to raise.

--- Later in debate ---

[Luke Taylor]

Q Thank you again for coming along and for your campaigning. You must be proud that you have got this leap—this legislation—to try to combat some of the trauma that you experienced.

I have a broader question. Do the measures included in the Bill cover all the issues that you see around the offence? Do you think the Bill is a comprehensive measure to enable action to be taken to combat the horrible offence of spiking?

Colin Mackie: It is moving forward to that level where I think it is good. I would like to see a wee bit more on the sentencing side of it. Just listening to the previous witnesses, I know that there is a backlog through the courts and everything, and I can see that being a problem. If the people who want to report spiking, especially young women, think it is going to last two years, how much of a deterrent is it going to be for them to come forward if they think it is going to drag on? That is one bit: when it comes to the sentencing and how quickly it will be processed, will that put people off reporting it?

[David Burton-Sampson]

Q I echo my colleagues in thanking you for all you do in this vital area. You rightly said that spiking affects everybody; unfortunately, it is something that men and women can be prone to. The Government have a target of halving the level of violence against women and girls, and this measure is hopefully part of that package. How important do you think it will be in halving violence against women and girls?

Colin Mackie: It is certainly very important, because girls are still are the highest target in the group. People want to go out and enjoy themselves, and women should be able to have a night out with friends and be confident that they are safe. If they want to leave that drink for second, they should be able to. They should not have to worry that someone will add something to their drink if they go to dance, go to the toilet or are distracted. This measure is a great way of moving forward, because in the future you want all youngsters to be able to say, “I’m going for a night out, and I want to have a nice, safe night out.” That is the way forward—it has to be the way forward.

[Joe Robertson]

Q Looking at the purpose of why someone might spike, the Bill includes the words “injure”, “aggrieve” and “annoy”. From your experience, might somebody seek to spike for any other purpose that is not captured by, say, “annoy”, which is probably the broadest term?

Colin Mackie: Revenge, possibly. A girl could spike another girl because she is jealous, for example, about something that has already happened. An ex-boyfriend, in particular—or an ex-girlfriend, in some cases—could spike someone. To me, revenge is another possibility.

Prevent: Learning Review

David Burton-Sampson Excerpts

Wednesday 12th February 2025 Commons Chamber

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

I thank my hon. Friend the Minister, and of course the Home Secretary, for coming to this place for this statement. None of us in the House can imagine the pain, the suffering and the anger that the Amess family are going through after losing their beloved Sir David: their father and husband. I have met the family, and they are still in absolute devastation. We should hold them in our thoughts today.

We should never forget Sir David. I pay tribute to him and to his family for the way in which they have conducted themselves throughout this whole sorry affair. I will continue working closely with the family as well as with the Home Secretary and her team to ensure that they get the support and the answers that they need.

We will never forget Sir David in Southend. We will shortly be putting some memory boards up on the Chalkwell lifeguard station that reflect Sir David’s life and our journey to becoming a city. I thank Lady Julia and the local councillors for working closely with me on the project.

I welcome the news today that the Prevent commissioner will be reviewing this case and the implementation of recommendations in relation to it. I am glad to hear that the Home Secretary has written to Essex police about the complaint that has been logged. I thank her for her support on that. It is important that that is seen through so that once again the family get the answers that they deserve. I ask the Minister, and obviously the Home Secretary, to give me an assurance that they will continue to work closely with me and, most importantly, the Amess family, so that we can get them those answers and give them the comfort to enable them to move on with their lives. They will never forget, but we can help them to move forward.

[Dan Jarvis]

I very grateful to my hon. Friend, not least because this is an issue of the most profound importance to his constituents. He is completely right that we must hold Sir David’s family in our thoughts and in our hearts today. He is also completely right that we should strive to ensure— and I know that we will—that we never forget Sir David.

My hon. Friend is in his place close to where I remember Sir David used to stand. Sir David was, among many other things, a complete master of the pre-recess Adjournment debate. I can see him now standing there confidently, expertly and authoritatively reeling off a very long list of requests that he completely expected the Government to get on with and deliver for his constituents. He was truly inspirational. We will never forget him.

I absolutely give my hon. Friend the assurance he seeks that we will continue to work closely with the family and with all hon. Members to ensure that, through the work of the independent Prevent commissioner and the work I referenced earlier with regard to the Home Secretary writing to Essex police, the family get the answers that they rightly deserve.

Child Sexual Exploitation and Abuse

David Burton-Sampson Excerpts

Thursday 16th January 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I need Members to work with me so that we can get in the final 10 questions; otherwise, there will be a lot of disappointment. If Members have not been here and bobbing throughout, there is no point in them trying to catch my eye now.

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

I welcome the Home Secretary’s statement, which was full of action. I am pleased that last week I supported the Children’s Wellbeing and Schools Bill so that we can start implementing much-needed safeguarding measures—unlike some Conservative Members, who attempted to wreck the Bill and spread misinformation, which led to online abuse towards many Members. Does the Home Secretary share my concern about the most rapidly evolving forms of child sexual abuse taking place online, including through artificial intelligence-facilitated child sexual abuse material? Can she outline what plans the Government have to strengthen the law in this area?

[Yvette Cooper]

My hon. Friend is exactly right. In addition to the measures in the Children’s Wellbeing and Schools Bill, including on the proper identification of children to strengthen child protection, which is crucial, we need much stronger measures to tackle online abuse and exploitation. I am really worried about the pace at which this problem is escalating, about the fact that it involves online grooming, abuse and indecent images, and about the impact of drawing young people into contact abuse. We will bring forward new laws in this area.

Financial Fraud and Economic Crime

David Burton-Sampson Excerpts

Wednesday 11th September 2024 Westminster Hall

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

I welcome the Minister to his place and congratulate my hon. Friend the Member for York Outer (Mr Charters) on securing this massively important debate. This is a subject that I have been more than aware of throughout my entire professional career. In the light of that, I also declare an interest: I have been working in the financial services industry for many years.

According to the UK fraud costs measurement committee, the level of fraud in the UK directly affecting consumers in 2023 was estimated to be a staggering £8 billion. The former Conservative Government did not prioritise economic crime sufficiently, according to the Treasury Committee. Now, it is up to the new Government to take action to improve the supervisory system and combat economic crime, which is growing. Improvements need to be made to assess the extent of economic crime and fraud in the UK—it is telling that there are no clear measures of the true impact of fraud on individuals, businesses and the economy. Some of my hon. Friend’s suggestions will help us to get a real understanding of the impact.

A wide range of crimes fall under the category of fraud and economic crime, and the sums of money involved range from small to huge. To give a personal example, only last month in my constituency in Southend, some of my constituents were left feeling tricked, over—believe it or not—an inflatable fun day. They bought tickets in good faith, but it was a fictitious event. Some parents were left out of pocket after buying a number of the £15 tickets online, and clearly children were left very upset. Those sorts of things should not happen, but it is one small example of how fraud can impact families on a day-to-day basis.

The police force in my county of Essex has a serious economic crime unit, which seized £2 million-worth of assets and made 15 arrests in February alone after an intensive, month-long investigation. The squad investigates offences including romance scams, online marketplace scams, rogue traders, investment fraud, bribery and corruption.

As my hon. Friend the Member for York Outer mentioned, fraud can have a devastating impact on individuals and their families, affecting not only their finances but their wellbeing, leaving them feeling manipulated and deceived. Of course, there is the long-term impact on their finances, which has a knock-on impact on the economy, as people no longer have their hard-earned savings to spend on much-needed goods and services, or just on enjoying themselves.

As I have mentioned, my background before coming to this place was in financial services, most recently in mortgages. With your indulgence, Ms Vaz, I will share a different type of fraud, where the consumer often unwittingly targets the lender. It is not usually out of malice, but done with the desire of achieving their housing dream, which for many can be seen as out of reach due to loan-to-income restrictions and high deposit requirements. Mortgage fraud can include overvaluing properties, overstating a salary or income, concealing a second mortgage from the primary lender or mis-stating the use of a property to either benefit from a more preferential rate of interest or to borrow more than the lender assesses that a client can afford.

The UK’s leading fraud prevention service, Cifas, revealed in January 2024 that one in six of UK adults—16%—admitted that they or somebody they knew had misled mortgage companies about their annual salary in order to buy their home. I agree with Cifas that more needs to be done to raise awareness of how serious a crime mortgage fraud can be. Not being honest about one’s income, debt history, employment or the value of the property is a serious matter. Being caught will have long-term effects on one’s ability to gain a mortgage, and could have other financial consequences.

I call on the Minister and the new Government to work with the relevant partners and stakeholders to strengthen and expand the fraud strategy that was announced in May 2023 to combat the ever-growing and more sophisticated fraudulent schemes that target individual consumers. Equally, awareness needs to be raised among consumers about the consequences of them falling unexpectedly into the world of fraud when applying for finance, especially mortgages. I would like to see collaboration between banks and other lenders, the regulator and the Government, to drive awareness of mortgage fraud through misrepresentation. That, of course, would be complemented by the Government’s plans to make the dream of home ownership more accessible for all.