(8 years, 5 months ago)
Commons ChamberI am certainly keen to learn from best practice not just in the United States but in other jurisdictions around the world. What was striking about some of last week’s figures was that they showed that offenders who underwent drug or alcohol treatment in this country showed a 33% reduction in the number of offences they committed in the following two years. That is a lesson we can learn from.
May I recommend to the Minister my proposal of deferred prosecutions, which also gets to the community responses that can reduce recidivism? That is among the recommendations I made in the review that the Government asked for.
I reiterate to the right hon. Gentleman the Government’s appreciation for the work that he put into the review. We shall be responding in detail to his recommendations, including the one that he mentioned.
(8 years, 6 months ago)
Commons ChamberI am very grateful for the opportunity to speak this afternoon. Let me start by saying that it is possible for parties to work together to find consensus and bipartisan moments. I see the Secretary of State for Justice in his seat; we have been working together on the review his predecessors asked me to do on the over-representation of black and ethnic minority people in the criminal justice system, and I am grateful for his support and that of his civil servants over the last 18 months.
I wish that I could be speaking in a spirit of co-operation on this subject, but when I think about the Prime Minister taking the position she did and talking about bringing the country back together, I think how far we are from that. Those who wanted to leave talked about giving the British people control—taking back control. Why, then, are we producing a Bill that will, effectively, give that control to the Government of the day, to make decisions behind closed doors, and not to this Parliament, which represents the democratic will of the people? If the Government are genuine about bringing the country back together, surely they allow serious time for reflection, debate and serious amendments to a Bill of this magnitude. Surely they should also come to this House with a degree of humility, having recognised that their proposition at the general election failed spectacularly, and that the context today is very different from the context three or four months ago. None of that has happened.
Then we look at the beginning of the negotiations. We hear a lot about the bill the EU is asking us to pay, but I have to say to those who campaigned to leave, and who are adamant that we should leave, that we are taking 12% of the EU budget out by exiting. We are asking others to pick up that bill. Of course there is a serious bill to pay, and of course it will take months to negotiate it.
We have heard so much from the Secretaries of State for Brexit and for International Trade about how easy this will be. When they go to negotiate with Donald Trump, who is one of the most protectionist Presidents the United States has seen, he will surely want access to our pharmaceuticals and will demand access to our agriculture. It will not be easy; it will take months and years to reach that trade deal. As for those who spend so much time on free movement of people and immigration, when we go to negotiate with the Indians, will they not demand visas for people to come to this country?
I worry, as I am sure hon. Members will understand, about what we have unleashed in this country, about the increase in race hate, and about the nastiness that surrounds this debate. No party is the font of all ideas, but I worry hugely about how the Conservative party has moved to the right to pick up ground ceded by the UK Independence party—[Interruption.] I do. We are in times in which the Anglo-American world is looking inward, in which we are moving back from human rights and in which we are waving goodbye to battles that we fought in decades gone by. This is not the time for this House to spend months and years wrangling about exiting a European Union that has given us so much.
For all those reasons, with very little to be gained—and when the articulation of what is to be gained has been so poor in the past four months—how could we possibly be about to set off on this path? In a constituency such as mine, where people are struggling to make ends meet and the economy is very fragile, as sure as night follows day, as we exit a customs union that the British Retail Consortium—
I share the right hon. Gentleman’s concerns. I share his views, and would have campaigned with him to remain, but the simple truth is that the majority of those who voted—52%—voted to leave the European Union. On that basis, we must begin the process of doing so and must see it through, even if he and I do not agree with it.
Would the right hon. Gentleman like to take that back? Things such as getting a White Paper, which my right hon. Friend the Prime Minister said she would not give—that is what people like me achieve. The real opposition to much of this comes from those on the Government Benches, not on his.
I am not sure that the right hon. Lady really wants me to respond.
The point is whether we can get beyond the partisan. I represent a constituency where many people are struggling. Our economy is likely to take a real hit as a result of this move. Trade deals are an aberration and are some years in the future. If we exit under World Trade Organisation rules, we are in for huge rises in tariffs, consumer prices and, potentially, inflation. For that reason alone, in the best interests of my constituents and many people across the country who do not have the privileges of most people in this House, I shall absolutely vote against the Bill.
When we talk about the will of the people, let us remember the 48% who voted against this. Let us think about what they deserve: a Bill that does not grab powers from them; a Bill through which we have ample time to discuss all these issues; and a Department that actually understands the position of the 27 European countries, and faces up to the fact that we are going to have to pay. They do not want to be told that this is going to be easy—that the whole of the European Union cannot wait to do a deal with us. That is not what they recognise. For that reason, it is important that this House does not let this Bill go forward.
(9 years, 2 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Ms Dorries. I congratulate the hon. Member for Stretford and Urmston (Kate Green) on securing the debate. She has a long history of engagement in these issues, both before coming into Parliament and since.
Young people are some of the most vulnerable in the secure estate. We are determined to improve standards in youth justice so that we not only punish crime but intervene earlier to prevent crime and reform offenders to prevent further crimes from being committed.
There has been a significant and welcome reduction in the number of young people entering the youth justice system in recent years. However, we are concerned about the levels of disparity that exist in the justice system. Last August, the Prime Minister announced an audit of public services to reveal racial disparities, and the review, headed by the right hon. Member for Tottenham (Mr Lammy), has been established to provide an independent assessment of the treatment of and outcomes for black and minority ethnic individuals in the criminal justice system. Gypsies and Travellers fall within the scope of the review. In November last year, the right hon. Gentleman wrote to the Prime Minister setting out some of his emerging findings. The final report is due to be published in the summer, and we will give its findings careful consideration.
We also welcome the Women and Equalities Committee inquiry launched in November last year, which will look at the effectiveness of Government policy in improving outcomes for Gypsy, Romany or Traveller communities across education, health and employment as well as the criminal justice system. We will monitor the outcome of that inquiry.
I note the recent report by the Traveller Movement on Gypsies, Romany and Travellers in the youth justice system, for which the hon. Member for Stretford and Urmston drafted the foreword. I commend its work to promote increased race equality, inclusion and community cohesion.
The Youth Justice Board does not currently require local authorities to collect data specific to the identification of Gypsy, Romany and Traveller children and young people. However, the YJB and Her Majesty’s inspectorate of prisons publish an annual report, “Children in Custody”, which monitors the number of GRT children in young offenders institutions and secure training centres. The latest report, published last November, found that of the young people surveyed in STCs, 12% identified as GRT in 2015-16, which was up from 11% in 2014-15. For young offenders institutions, 7% considered themselves to be GRT, which was down from 8% in 2014-15.
The report showed that in young offenders institutions there was no difference between GRT children and the rest of the cohort in understanding spoken and written English. It also showed that participation in education, work or vocational skills training in custody is higher for those identifying as GRT than among the rest of the cohort.
As I think the Minister is indicating, surveys show that Gypsy and Traveller young people’s experience of education in youth custody is positive; to the extent that they are in vocational training, they want to do it and their perceptions of being in education are positive.
Order. This is not a speech, Mr Lammy. It is an intervention.
I know that the right hon. Gentleman is very interested in expanding the evidence base on the experience of GRT children in the youth justice system, in particular. As the hon. Member for Stretford and Urmston indicated, the genesis of a lot the problems encountered in the justice system predates their appearance in the system. A lot of them relate to the fact that those children do not attend school, so their first opportunity to receive education is in the system. We are conscious of that, and we are pleased that some of the indicators show that, when those services are offered, children engage with them. We want that to continue.
As I said, the youth justice system is of great importance to the Government. We have made it clear that outcomes are not good enough for children in custody. Reoffending rates remain stubbornly high, and not enough is done to support young offenders. That is evident for all young offenders, including those who identify as GRT. We also remain concerned about the level of violence in the youth secure estate. Recent figures demonstrate that levels of assault, self-harm and restraint remain too high.
In December, we set out our response to Charlie Taylor’s review of the youth justice system and how we will improve outcomes for young offenders and safety across the youth custodial estate. We will develop a new pre-apprenticeship pathway to ensure that all children and young people are in education, training or employment on their release. We have committed to boosting the number of frontline staff in young offenders institutions, and we will develop two secure schools with a particular focus on education and health. They will look to attract a wide range of specialist providers and allow them the freedom to decide how best to deliver services. I look forward to updating the House on the progress of those reforms as the work develops.
It is important that ethnicity classifications for young people are robust and accurate, so any potential disparities must be identified and suitably addressed. In 2011, the National Offender Management Service adopted the 18+1 ethnicity monitoring system on the centralised database used in prisons and young offenders institutions for the management of offenders, following the change of ethnicity classifications within the national census. The 18+1 system included as additional categories “Arab” and “Gypsy or Irish Traveller”, but the new classification is not consistently used by secure children’s homes, secure training centres and youth offending teams.
The YJB uses a number of different IT systems to monitor performance across the youth justice system. The two largest systems are eAsset, the custody booking system, and the youth justice application framework, which is used to record the ethnicity of young people and draws on data from individual youth offending team case management systems. Both of those systems currently use criteria from the 2001 census categories, which means that they do not capture GRT as a distinct category.
I am pleased to say that the Youth Justice Board has confirmed it is keen to move to the 18+1 system. However, although we support working towards consistency in the data that are recorded, further work is required to assess the feasibility and costs associated with such a move.
(9 years, 8 months ago)
Commons ChamberI would be delighted to meet, or have one of my colleagues meet, the hon. Gentleman in order to explain in greater detail the reasons for closing HMP Kennet. One of the things that we need to do is to make sure that we have modern and appropriate prisons for our prisoners. Of course, there will be opportunities not just in HMP Berwyn, the new prison in Wales, but elsewhere for staff who currently work in the hon. Gentleman’s constituency to continue to do the idealistic work for which I thank them.
I have spent a lot of time in prisons over the past few months. There are two things that staff have raised with me. The first is that they are optimistic about the reform context that the Secretary of State has created and he should be congratulated on that. However, the second topic that staff have raised at prisons across the country is staff numbers, which have fallen substantially. In the new Government that we expect to begin shortly, does the right hon. Gentleman hope to see that reform agenda continue? Now that we are moving away from austerity, is it possible that staff numbers might begin to rise again?
I am very grateful to the right hon. Gentleman for what he says, and for the work that he is carrying out to ensure that black and minority ethnic individuals are treated fairly in our criminal justice system. On the reform programme, I have been delighted by the fact that across this House and throughout the Government there has been strong support for the reform programme that we are undertaking, and I think it will be central to the work of this Government over the next few years. I look forward to working with the right hon. Gentleman and other colleagues to ensure that we make progress.
(10 years, 2 months ago)
Public Bill CommitteesI will be brief, Mr Howarth. The main purpose of clause 2 is to clarify the property within the confines of the scheme, primarily extending it to motor vehicles. As has been said, 1886 was the year the first diesel engine was pioneered, so it would be too much to hope that those considering that legislation might have foreseen the extent to which the motor would come to dominate so much of our lives. The clause would explicitly extend the riot damages scheme to include motor vehicles. It also clarifies the position of mobile businesses and the equipment stored within them.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clause 3
Regulations about claims procedure
I beg to move amendment 5, in clause 3, page 3, line 12, at end insert “, which must be no shorter than 132 calendar days from the day on which the riot ends”.
This amendment would ensure that a person has at least 132 days from the end of the riot to make a claim for compensation.
The Chair
With this it will be convenient to discuss amendment 6, in clause 3, page 3, line 14, at end insert “, which must be no shorter than 132 calendar days from the day on which the riot ends”.
This amendment would ensure that a person has at least 132 days from the end of the riot to submit details and evidence in relation to their claim.
I am grateful to serve on this Committee but sad that we find ourselves here because my constituency has seen two riots in a generation. It is right to update this legislation, and I, too, pay tribute to the hon. Member for Dudley South for his work on the Bill.
I have tabled some probing amendments that I suspect will go to regulations. The Committee will understand that these matters are of great concern to my constituents, but many hon. Members might also want to raise these issues. Amendments 5 and 6 relate to the kinds of areas that experience riots in our country and the kinds of people and businesses that find themselves having to make a claim. Hon. Members might remember that the original legislation allowed for 30 days in which to claim compensation. After much lobbying by Members and others, that was extended to the 42 days that has been landed on.
I fully understand the thought process behind the amendments and their tone. Of course, there was an extensive consultation process, but we have to draw a line somewhere. I fully understand the points made by the right hon. Member for Tottenham and the shadow Policing Minister, as I am sure other Members do. I will commit to putting exceptional circumstances into the regulations.
The Bill is for people who have suffered and the most vulnerable. It is a safety net; that is what it is there for. The regulations will cover exactly what the right hon. Gentleman has asked for. Exceptional circumstances could easily cover medical conditions, residential properties and small and medium-sized enterprises. The Bill is rightly not about the Nexts of this world. Given what I have said and will say, I hope that Members and other people will realise that we have listened. We will do this in the regulations, which is where it should be. That commitment is now on the record, so I hope there is no need for the amendments.
I beg to move amendment 3, in clause 3, page 3, line 17, leave out “may” and insert “must”.
This amendment would require the Secretary of State to require that any estimates of the cost of repairs are to be prepared by approved contactors.
The amendment deals with the approved contractors that act on behalf of the Secretary of State, engage with individuals who find themselves having to make a claim under the Riot (Damages) Act 1886 and estimate the cost of the repairs. It would be remiss of the Committee if we did not put on record the substantial findings in the months after the riots. That comes up time and again in the House, and it will come up in relation to the floods being experienced across the country.
The London Assembly committee chaired by John Biggs did very good work and published a very good report in 2012 on the riots. The committee took evidence from a range of people. The report said:
“Loss adjusters who were involved in assessing insurance claims after the riots faced a complex situation. Nevertheless, some loss adjusters behaved insensitively in handling claims, and lacked the skills needed to deal effectively with some owners of small businesses.”
As I said at the time, there is no point asking someone to provide receipts for their stock if their business has been burned to the ground. There was an inability, frankly, to understand where those small businesses were coming from and what they were facing. There were challenges in such areas as Croydon, Birmingham and Tottenham, where businesses—they are often independent, ethnic minority businesses—were made to feel like they were criminals attempting to defraud the state. I had an Adjournment debate after the riots where I expressed my concerns about the insurance industry and some—not all—loss adjusters.
I tabled the amendment to probe the Minister to say a little more about the nature of those approved contractors and how we might deal with the issue. I pay tribute to the independent review of the Riot (Damages) Act by Kinghan, which laid the foundation for much of the work that led us here. He recommended that a riot claims bureau be developed with the agreement of the Home Office and the insurance industry. He also recommended that a manual be prepared, as soon as is practicable, to provide guidance on the types of claims likely to follow a riot, including how to deal with clients unused to making claims and other issues. That is a part of his report that is pertinent to the issue raised by the amendment.
Members will understand that floods occur more often than riots in the United Kingdom, because of the nature of our geography. In 2011, much of the expertise simply was not there. The country had not seen widespread riots in the 10 years since Bradford and Oldham, and it is easy to lose the expertise, the necessary sensitivity and the understanding that the context in the communities experiencing such events is very different.
Kinghan also recommended that, in their emergency plans, local authorities should be asked to include planning for riot recovery services to provide co-ordinated advice and support. I do not know whether that recommendation relates to all local authorities, but that, too, goes to the point about expertise. It would be wrong if I did not mention loss adjusters at this point. Will the Minister say something more about the approved contractors and how we can avoid the situation that caused real concern in the communities affected?
Mr David Burrowes (Enfield, Southgate) (Con)
Clause 3(4) is also about trying to prevent fraudulent claims, but I am just trying to understand what the amendment, by making this mandatory, would preclude. With approved contractors on an approved contractors list, it might be hard to identify a local authority or others outwith the approved process of the Secretary of State or local policing bodies. Is there an important flexibility that may help to a degree with timeliness? I know that the right hon. Gentleman was concerned, as I was, about the timeliness of compensation for our constituents’ businesses.
The hon. Gentleman makes a good point. In a sense, this is a probing amendment to get to the substance of what we are really talking about. The “must” probably goes too far; I accept that. I hope that I will get some comfort from the Minister shortly.
No one can predict when the next riot will be and no one can entirely control the individual loss adjuster who is behaving insensitively, but what one can guarantee is that, by and large, it will be in a deprived area and, if it is a high street area, it will involve independent shopkeepers. We have had a long history, over successive generations since the Windrush, of independent shopkeepers largely being of refugee and immigrant stock. I think of the parts of my constituency that are still Orthodox Jewish and of the émigrés who ran the shops many decades ago. Over the decades, different communities have run the shops. Shopkeepers find themselves in a situation where, if they have been ransacked, they are not getting understanding from parts of the insurance industry, particularly loss adjusters, about providing receipts, for example. That is why I make the points that I do.
I fully understand and also respect, not least because of the conversation that we had outside, the right hon. Gentleman’s probing amendment. I have to agree with him that “must” goes a bit too far, but I fully understand exactly where the amendment is coming from.
May I say at the outset that we are looking to put together an approved list of loss adjusters who will be responsible should riots take place? Obviously this is different from the insurance side, because these measures are for people who are uninsured.
It might have been a long intervention, but I think it was very useful to the course of the debate. I am sure you would agree, Mr Howarth, even if we need to keep interventions short. Should I need to intervene on anyone, I will try to keep my intervention short as well.
I say to the hon. Member for Croydon North on that specific point that I have just had the 10th anniversary of Buncefield in my constituency, which was the largest fire and explosion in this country since the second world war. The quality of the loss adjusting in some companies was brilliant; the quality in others was appalling. The insurers were very good in some areas and did not boost the premiums, while other premiums, particularly for smaller companies, were extremely harsh. It is something I have been working on with other Departments. If the right hon. Gentleman wants to join me outside the Committee in working on that issue, I will be more than happy to do so.
With regard to the probing amendment, there are two things we have to ensure. This is taxpayers’ money, so we have to make sure—this is a safety net for people who are uninsured—that fraud and other events do not in any way mean that taxpayers’ money is misused. However, we do not want to say that everybody will be a criminal and try to defraud; they are after help in 99% of cases. We also do not want to slow down the process of making the payments. If we look at the sheer scale of the riots in 2011—we have heard today about the myriad different communities across the country that were affected—we can see that to have all the estimates done by approved contractors would be enormously difficult.
The point about guidance was very well made; for want of a better word, on paper, it would say, “This is what should happen, should these terrible events happen again”. That was a recommendation of the review. That is something I will take away from the Committee, work on and make sure it happens.
With regard to the loss adjusters, an approved list is exactly where we need to go. On the need for this provision and the need for the word “must”, I am sure the right hon. Gentleman will agree to meet me and consider the comments I have made.
Neither police and crime commissioners nor local police forces are experts in processing claims, which is why it is important to allow those bodies to delegate the functions, particularly to loss adjusters. Provisions in clause 4(3) allow the Secretary of State to specify the persons to whom those functions may be delegated, which will hopefully achieve the objectives that the right hon. Member for Tottenham was trying to achieve through amendment 3.
Obviously, that was looked at extensively. We have to be slightly careful. Unlike my learned Friend I am not legally trained, but the authority is the police—it is the police who decide and no one else. That is the definition. From the police’s point of view, if a criminal offence has taken place, a riot is defined as such by the police, who have the training and expertise to do that.
I fully understand the sensitivities of local authorities and others, but it is not their decision and it must not be. It must be the police’s decision. The wording in the Bill makes it simple as to how we define that. I understand the concerns, but they were looked at extensively.
That is a fundamental point. The Minister will understand that that goes to the heart of our policing model: that is, policing by consent. Unlike other police forces in the world, our police do not routinely carry guns; we, as citizens, police alongside the police. Therefore, given the policing by consent model, he will understand that in some scenarios the police authority may be reluctant to declare a riot. What are the safeguards in those circumstances?
The right hon. Gentleman makes an important point, but that is the same as any other decision that the police make. We have an independent police who make independent decisions based on their best knowledge at the time. To say that no policeman is ever influenced by events going on is wrong. Of course they are. They can listen to arguments, but it is their decision. We looked carefully at that to ensure that the police have and can keep powers to make the decision as to what is a riot and what is not. There is a whole debate to be had about that, but the definition in the Bill is important in allowing the police to continue to have the powers that they have had. That is why I support the clause.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5 ordered to stand part of the Bill.
Clause 6
Delegation of Secretary of State’s functions
Question proposed, That the clause stand part of the Bill.
That is an important point. From my own constituents’ point of view, I understand the frustration when money is sitting in a bank account and not being used by the local authority. I cannot comment on why that happened, because I do not know, but I fully understand the frustration.
If we are asking local people to take part in and to be part of their community—if we believe in localism—it is critical that they are listened to. Perhaps the hon. Gentleman and I could meet after the Committee. I will look into the recommendations that were made—I was not in post at the time—and we can see the reasons why they were not implemented and whether those reasons were logical. The Secretary of State wants the power to do something with the local community—localism in action—which is exactly what he will do.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7 ordered to stand part of the Bill.
Clause 8
Amount and payment of compensation
The Chair
With this it will be convenient to discuss the following:
Amendment 4, in clause 8, page 5, line 29, at end insert—
‘(3A) Money received by the claimant from emergency or recovery funds, whether funded publicly or privately, in the aftermath of a riot must not be taken into account by the decision maker when deciding the amount of compensation to be paid.’.
This amendment would ensure that money received by the claimant from emergency or recovery funds in the aftermath of a riot does not reduce the amount of compensation a claimant receives.
Amendment 2, in clause 8, page 6, leave out lines 16 and 17.
This amendment is consequential on amendment 1.
The amendment relates to the £1 million cap that the Government have landed on. I am probing what is behind the £1 million limit.
Someone who sets up a small business on Tottenham high street might buy the shopfront and have a home of sorts above the shop. In London the average price of a house is estimated to be £470,000, and the average price of a shopfront is a little more than that. A number of individuals on the high street found that they were underinsured, or not insured at all. The issue of insurance premiums in the kinds of areas affected by the riots is very real.
In response to my hon. Friend the Member for Croydon North, we do not want to see parts of our country looking like areas of America, such as the city of Detroit. That city has experienced successive riots, has a falling population and was effectively declared bankrupt a few years ago. Showing great sensitivity to those areas that experienced riots, we do not want them to become failed communities. We want them to be communities where people can set up businesses and thrive. Successive Governments in our country have been in the business of regeneration and improvement. We do not currently have areas in our country that are like Detroit.
The question of where to set the cap is in the context of the ability to find insurance, its cost and whether some of the big players on the high street decide not to come to the area. We lost easyGym, the post office and Carpetright from our high street; all were really important for us. The big issue is whether they are going to come back. If they do not come back there is no footfall for the small independent retailers and shopkeepers. How did we arrive at the £1 million cap?
We also have to look at the regional context. The cost of running a small business in Croydon is different from the cost of running one in Salford. There is currently no regional variation before us to indicate an understanding of that.
My hon. Friend is making an important point. In a riot, police resources are necessarily overstretched and they have to prioritise, and they tend to prioritise the wealthier areas. Once again it is the poorer businesses that can least afford the loss that suffer. It is those areas that would be affected by the inability to claim above the cap. What is my right hon. Friend’s view on that?
My hon. Friend makes a good point. He and I are regular soldiers in the fight for very poor areas. With regard to the £1 million cap, I would say that the 2011 riots were unusual. As a Londoner born and bred, I would never have imagined that on the second day I would see the constituency of Ealing Central and Acton caught up in the riots.
The word on the street in Ealing, once known as Queen of the Suburbs, was that our police were diverted to Westfield, which is a shopping centre of high-value, high-end designer shops. That is why we were left empty-handed when the riots hit.
My hon. Friend makes a serious point. There was a similar context in Salford. That goes to the point about the £1 million cap meaning different things on the high streets of Tottenham, Ealing, Salford and Croydon. It goes to the cost of running a business, to the detail of loss of stock as a result of flooding or following fire damage because a business has been burnt to the ground, and it goes to insurance. We want businesses to be insured and not to have to rely fully on the legislation. Given that we do not want to have areas in our country that cannot recover because of under-insurance or no insurance, the point about the £1 million cap is very important.
I go right back to the very good Kinghan report, which of course suggested the cap in the first place. Options were explored in Kinghan’s review. His first option was that we set a percentage—say, 25% or 50%—as the limit of compensation that the police or Government would pay in respect of claims paid by insurers to their customers. His second option was that we put an absolute limit on any single claim that the police or Government pay to an insurer—say, £500,000 or £1 million. The third option was that the limit be set by reference to the size of the insured business, so that the insurer receives compensation only for claims made by businesses with a turnover below the limit. I liked the third option a lot and thought it was fair, because it allowed for an understanding of the differences between small businesses.
In drafting the Bill and landing on the figure of £1 million, were the Minister’s officials in touch with the Federation of Small Businesses or with high street businesses, for example small retailers and newsagents? Where did they get their estimates for the cost of running a business? Will the Minister say more about the claims we saw as a result of the rioting across the country?
If I may, I will speak to amendments 1, 2 and 4. I know, because I spoke extensively to the right hon. Member for Tottenham before the Committee, that he has some concerns about amendment 4 that he did not have an opportunity to talk about, but I am more than happy to take an intervention.
I am grateful. I want to raise the question of the high street funds that were set up after the riots. I pay tribute to Sir Bill Castell, chairman of the Wellcome Trust and one of our great industrialists, for all the work he did to encourage big business to fund small business. I put it to the Minister that it cannot be right that any payment from charitable interests—a high street fund helping small business on the high street—is somehow offset against the riot damage. I want reassurance. Sir Bill raised this a lot at the time and I spoke to him today. We hope that that is not to be the case.
It will. I completely agree morally that charitable donations should stay outside, whether from a lady putting 50p in a tin on the high street, as I know took place, or from some of our great businessmen coming together to offer help. I will set that in regulations. I hope that alleviates concerns on amendment 4.
On the £1 million cap, we have to be honest about what the Bill is for. It is a safety net for those who are not insured should a riot affect them and their businesses. Of course, if it is taxpayers’ money a limit has to be set somewhere, and 99% of all claims following the terrible riots that took place across the country in 2011 were below that limit. I am happy to share that information with colleagues before Report.
In looking at where to set the cap, we should not encourage people not to be insured or insurers to take the view that the state will pick up the cost for which they and businesses have responsibility. That is why we set the cap at £1 million. I will make the commitment today that that will be continually reviewed within regulations without the need for primary legislation. At the moment we have very low inflation nationally, although building and residential inflation is quite high, particularly in London. We will keep a close eye on that but there has to be a limit. There cannot be a blank cheque from the taxpayer; I think we all accept that.
In response to the shadow Minister’s point, if the money comes out of the police or Home Office budget, it is still taxpayers’ money and there is a limited amount available. I think £1 million is fair and we will keep it under review. We will also ensure that charitable donations, no matter where they come from, are exempt, and I will place that in the regulations for the Bill. I hope that the amendment will be withdrawn.
I am grateful for what the Minister said about the charitable donations set up after the riots and the points I made about the high street fund. I am still a little concerned about the £1 million figure because regionality has not really been addressed by the Minister. There are big differences across the country.
Perhaps I could offer an olive branch. I will write to members of the Committee explaining the logic and thought processes behind the decision, rather than putting the question to a vote now, which would prevent it being brought back on Report. If the right hon. Gentleman is still concerned on Report, options will be open to him then.
I am grateful for that undertaking from the Minister. With that, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 8 ordered to stand part of the Bill.
Clauses 9 and 10 ordered to stand part of the Bill.
Clause 11
Regulations
Question proposed, That the clause stand part of the Bill.
Earlier, I referred to mobile businesses being within the scope of the Bill. To clarify, they are not in the Bill but the intention is to include property contained within mobile businesses in the regulations. I hope that the Minister will take that on board.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clause 12 ordered to stand part of the Bill.
Schedule agreed to.
Question proposed, That the Chair do report the Bill to the House.
On a point of order, Mr Howarth. May I put on record my gratitude to Mr Kinghan for all his work on the review, and for spending time with me? This has not come up in Committee, but there were five fatalities during the riots in 2011, and I am sure all hon. Members would want to send their sympathies to the victims’ families. Such fatalities are not the sort of thing that we associate with riots in this country. This is a very serious matter, and for that reason we are all grateful to have served on the Committee under your chairmanship, Mr Howarth.
Question put and agreed to.
Bill accordingly to be reported, without amendment.
(10 years, 2 months ago)
Commons ChamberMy right hon. Friend is spot on. It would be embarrassing for the Government if the women affected by the changes decided to take individual legal action.
Does my hon. Friend recognise that for many of the women affected, who are our constituents, there is a real threat of stress and stress-related illness as a result of the failure to inform them? The Government should take that seriously when they are trying to understand why so many Members want transitional arrangements.
I thank my right hon. Friend, and I will come on to some examples from my constituency of women who are experiencing such stress.
In my constituency of South Shields we have a higher than average number of people with illnesses such as chronic obstructive pulmonary disorder, left over from our proud heavy industry days. That means that we have a large number of women who are caring for relatives or husbands, including those who fall into the group disadvantaged by the pension changes.
One such woman is my constituent Lynn Wilson. She got a letter sometime in 2011 or 2012 telling her that she would be getting her pension not at 65 but at 66. That was a complete and utter shock to her, as she was still of the view that she would get it when she was 60. Lynn’s husband Derek was diagnosed with lung cancer four years ago. Owing to the pension changes Lynn has had to continue working, but she has had to reduce her hours so that she can care for Derek. She does a difficult and physical job, and she suffers from serious back problems and arthritis herself. She tells me that she has a small private pension that she and Derek could manage to live on if her back got worse, but that it would not last the whole six years she needs to wait for her state pension. She tells me that she continues to struggle, but we agree that it just should not be this way.
(10 years, 4 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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I congratulate all the Lancashire Members who took the time, and were considerate enough, to meet me. Members of all parties listened to our proposals, and then presented their own ideas. That, too, helped us to make the decision to delay the process.
The Metropolitan Police Commissioner will be taking £1.3 billion out of the Metropolitan Police budget. Will the Minister tell us how much the Met needs to save or keep, and what bearing that has on the announcement that he has made today, in the context of borough amalgamations here in London?
Decisions on front-line operations are a matter for the commissioner. He is an excellent commissioner, and we await his proposals for his force. However, no decision has been made because the comprehensive spending review has not been announced. As I said a few minutes ago, the funding formula will be announced in December.
(12 years, 1 month ago)
Commons ChamberI congratulate the right hon. Member for Haltemprice and Howden (Mr Davis) on an excellent speech. I thank him and the other sponsors of this Backbench Business Committee debate for ensuring that the House can discuss the recommendations of the Normington report at an early stage. This is our first opportunity in many years to have such a discussion, although we often discuss policing issues in the House; we discussed the police grant here only yesterday.
I begin by paying tribute to the hard-working police officers in the police service, including those such as PC Craig Smith. With an off-duty paramedic, David King, he struggled to free the driver of a burning car in Leicestershire and saved the person at risk. He was a runner-up in the police bravery awards, which I, with Ministers and others, attend annually to pay tribute to the marvellous work being done throughout the country by individual police officers.
I have to say that, following a proposal from the hon. Member for Northampton North (Michael Ellis), the Select Committee on Home Affairs has unanimously agreed to hold an inquiry into the Police Federation. The terms of reference will be announced next week, and I hope that they will provide an opportunity for a full-scale inquiry into the matters that have been raised. I shall return to this point at the end of my short speech.
Morale in the police service is at an all-time low, as the Stevens report recognised. Indeed, if Members talk to any police officer stationed here in the Palace of Westminster, they will hear that people are deciding to leave the force because of the current state of affairs in policing. That is regrettable. There is an obligation on all of us to ensure that we have the best police service in the world—which I think it is—and we also need to ensure that the concerns of Police Federation members are met.
I want to mention the case of the right hon. Member for Sutton Coldfield (Mr Mitchell). It is not the subject of the debate—we are talking about the Police Federation—but the right hon. Gentleman and his family have gone through a terrible ordeal. I believe that he has now been vindicated, given that 11 of those involved have now become the subject of misconduct hearings and one has gone to prison. The cases of three witnesses who appeared before the Home Affairs Committee are still outstanding and are the subject of an Independent Police Complaints Commission inquiry that has been held in abeyance because of a judicial review application.
Those of us who have been around for a long time have asked ourselves: if this could happen to a serving Cabinet Minister, what hope would there be if it happened to one of our constituents? The right hon. Gentleman has done the House and the public a great service, from his position of power as an elected Member of the House, but his situation is quite different from those of people in Leicester and elsewhere in the country. He has been vindicated, and it is important that a line should now be drawn and that people should move on, for the sake of him and his family, and of the reputation of the police as a whole.
My right hon. Friend makes his point very effectively. Does he agree that in cases such as these, continuing litigation could eventually bankrupt someone, and that the organisation is capable of going way too far? What would that mean for our ordinary constituents, who simply would not have the means to defend themselves in similar circumstances?
I thank my right hon. Friend for his intervention. I am a little concerned at the number of cases in which someone criticises a serving police officer and ends up being served with a legal notice or threatened with legal proceedings as a result of raising issues of legitimate concern. The Select Committee inquiry will want to look at such cases.
The right hon. Member for Sutton Coldfield and his family must have been through a terrible ordeal. It is time to draw a line and move on, and to think about how we can reform the structure, now that the personal issues have been resolved and people have gone to jail or faced misconduct hearings.
It is wonderful that the right hon. Member for Haltemprice and Howden (Mr Davis) has secured this debate, although it is sad that we have reached a point where there is such deep concern across the House about one of our most noble and great professions. It has been a great privilege for me, over the past year or so, to serve on the police parliamentary scheme and spend time with front-line officers across London and beyond. The scheme continues and I am looking forward to spending time with front-line officers next week. Overwhelmingly, the scheme has confirmed my childhood belief, which began at about the age of nine when I said to my parents that I wanted to be a police officer, that the men and women who serve in our police forces across the country do a fantastic job.
These officers do a fantastic job at a time when, as has been said by the Chair of the Home Affairs Committee, morale is pretty low, they feel pretty battered and they feel that contracts forged with them, particularly in relation to their pensions, have been totally changed around them—reform has come, as it has to so many other professionals across this country. I know how these officers deal with the public not just because I was there to see it, but because I have met many hundreds of officers. I have seen how they interact with tricky situations. I have seen how they have dealt with the vulnerable—alcoholics, vagrants, drug addicts. I have seen them do an assortment of things, and I have seen armed officers deal with the huge burden and responsibility of carrying a gun, and it has overwhelmingly left me impressed.
It is against that truth that this discussion and this debate are so important. All of us have had the privilege of travelling to countries where corruption is endemic in the police force. I think of sitting in meetings in Brazil and also of the challenges and problems in eastern Europe. However, we all understand that, in a growing democracy such as ours, how we treat the most vulnerable and the areas of our life where light often does not shine is an indication of the state of our democracy. The day-to-day job of the police is to deal with a small criminal minority—fortunately, it is a small minority in our country. The light often has not shone and certain practices can build up. That is why it is so fundamental that here in this Chamber we are able to shine that light.
Does the right hon. Gentleman agree that the report shows that the light is not shining in the Police Federation on women or on people from ethnic minorities? One of the most shocking things about the report is the lack of effort that the federation has made on people and on serving members other than white men.
The hon. Gentleman makes his point strongly. That point comes across crystal clear in the report. I was going on to say that many of us have watched in this country as cases involving minorities have often been overlooked. The truth is that there are many cases, some of which emanate from my own constituency, where there have been concerns about the Police Federation and a closed shop, particularly in relation to getting at the truth. However, what is so startling is that what may have been a minority concern has broken into the mainstream. When three officers so blatantly tell mistruths and so blatantly refuse to apologise over an event involving a Cabinet Minister in a country such as this, it must tell us something about a culture of impunity that has become endemic in the system. It must also say something about the necessary reform that must now come. I am pleased, therefore, that the Police Federation has accepted the report’s recommendations. The tipping point must surely have been reached if it has come to pass in this way.
As we have this debate in 2014, it is clear that a number of our institutions need to reform and to look closely at these closed practices. We as Members of Parliament are premier among them. We have had debates about closed practices in the NHS and the need for a stronger whistleblowing culture. In the Leveson report, we saw real concerns about parts of the journalism profession. Now, as we come to the police, we must see an end to those closed practices and to the refusal to get to the truth.
We have such discussions not to attack but out of sadness. The practices under discussion have chronic effects on ordinary people’s lives and they put tremendous pressure on families. It is the nature of any state that it leaves the individuals caught up in this feeling desperately powerless. That is why we juxtapose the situation in which the right hon. Member for Sutton Coldfield (Mr Mitchell) has found himself with so many others.
The right hon. Gentleman is making a powerful speech. Does he agree that the way in which the Police Federation uses its funds in litigation is critical to the balanced approach that he is discussing? It is one thing for it to defend its own members from litigation—to use the fund as a shield—but another thing to use those funds as a sword to pursue other people, especially victims or other members of the public?
Absolutely. The point is that some of those funds involve taxpayers’ money, which must demand close scrutiny. I am pleased that the Chair of the Home Affairs Committee suggested that scrutiny should be No. 1 on the agenda. It is also the case that the federation has seen fit to go after leading members of our society who are looking at police reform issues. Why is it that it thinks that it can get away with challenging a senior Cabinet Minister? Is it because parliamentarians, MPs and Ministers at this point in the cycle just happen to be a minority group that is up for attack and the federation thinks it can get away with it? There is a connection with the way it might deal with certain types of criminals. There is a connection with the way it might deal with some parts of the Irish community in this country, who would say that they have experienced some sharp practices from parts of the Police Federation. I am talking about the notion that, “It is a minority, the public don’t care that much and we can get away with this.” We must challenge that, because the honour of a great profession is at stake. Some £8 million is spent annually in relation to litigation. These are important budgets. We must ensure that they are being used for the right purposes.
I have been concerned, especially in the Duggan case, that officers have been advised by the Police Federation not to give interviews. Attempts to suspend officers facing serious allegations are always fought, whatever the circumstances. If any of us were caught up in a situation that involved the death of another individual, we would not be able to refuse to give an interview. Why would we accord that power to people who are in uniform? This is a very important issue.
One of the fundamentals of our system is the fantastic idea that we have policing by consent. That is at the heart of our police service. Here in London, there are only 32,000 police officers, and a population heading towards 10 million. In reality, it is the 10 million people who work alongside the police who give us that feeling that we are safe almost anywhere in London. The idea is that we police by consent, not by fear as is the case in America or in parts of continental Europe where police officers carry guns. It is an idea that we must treasure and protect. It is grossly undermined when a minority of police officers misbehave, they are not challenged sufficiently, there is not sufficient scrutiny, and there is the sense of a closed shop where even those who are blatantly lying are protected. That is why this report is so important, why the House must look closely at implementing it and why we must revisit these issues not just in Backbench debates over the coming months and years but in debates in Government time where we are absolutely rigorous about protecting this important fundamental of our democracy.
(12 years, 4 months ago)
Commons ChamberOn 27 June, I was invited by Matilda MacAttram, of Black Mental Health UK, to attend a conference in Wolverhampton. I did not know what to expect, but this was a woman I liked and trusted immensely, so I travelled up to Wolverhampton for a conference on deaths in custody. It was an extraordinary, moving and profound occasion. The conference comprised men and women, most of whom had lost sons, grandsons and nephews in custody, in either a mental health or a police setting. They bore their grief with great dignity and fortitude, but there was huge upset and anger in the room at how they had been treated by the establishment, by the system. I shall come to that in a moment.
Many relatives of the deceased bore witness to their treatment at the hands of the state and of authorities that we should trust. It was gruelling to hear. I am afraid that much of the commentary focused on the treatment meted out by certain police officers and the Independent Police Complaints Commission. I do not want this to be an attack on the police, so I want to say this now: there were many senior police officers at the conference, and the pain was etched on their faces as they listened to the experiences that families had been put through by some of their colleagues in the police force. It was a terribly moving day, but as I said, there were some very good police officers there. The police must be part of the solution, so we need to take them with us.
African-Caribbeans account for about 3% of the population of this country, but approximately 20% of deaths in custody. This has been a running sore and an open wound for 30 years, and it is incumbent on us, the political class, to address it, because if we do not, whatever side of the House we are on, we have no hope of engaging with this community constructively. They have lost trust in us. When I was preparing for this debate, I talked to several journalists, and one of them said, “But Mr Walker, isn’t it just about racism? Isn’t this an issue of racism?”, and I said, “Well, racism is an ugly, ugly word. It is a word I do not want to ascribe to people I do not know or institutions I am not experienced of.” But let me say this: for the past 30 years, since I became an adult, I have been aware of grieving black families on the steps of courts or inquests flashing across my television screen. I have seen the faces of those families and the young men they are mourning flash across my television screen, and up until this point I have chosen to do nothing. Now I am standing up and trying to do something. I may want to ask others this question, but I have to answer it: why, for 25 or 30 years, did I do nothing? Until I answer that question satisfactorily, I will not cast aspersions on others.
Another person said, “But Charles, you are talking about deaths in custody. You are a white male, why are you talking specifically about black people?” Well, I feel there is something very egregious about the treatment of black people in custody and detained environments. Any death in custody is regrettable, sad and tragic, but I am speaking as a parent because I think about what would happen if it were my son or—hopefully—when I am a grandfather, my grandson. It would be too much to bear.
I have been helped to prepare for tonight by some fabulous people—I have mentioned Matilda MacAttram, and Lord Victor Adebowale has done great work with the police on restraint and how we look after people in a mental health crisis in a detained environment. I also pay tribute to Deborah Coles of Inquest who has been extraordinarily generous in the time she has given me when preparing for this debate. I know that I will not do this subject justice this evening, but at least I can start to do my bit.
We must address the whole system of inquests. In June I met families in Wolverhampton who had waited six, seven or eight years for an inquest into the death of their child, their brother. That is wholly unacceptable. I know the Government are committed to holding inquests in good time, but many families are still waiting for two or three years. We must ensure that inquests happen in good time, but an inquest is only as good as the information presented to it, so we must ensure that inquests deal with good information.
We must address the fact that police officers are not required to answer questions put to them by the Independent Police Complaints Commission. That is simply ridiculous; I am aware that many senior police officers in the Association of Chief Police Officers believe it is a nonsense and needs to be addressed. We must also have equality of arms. When there is a death in detention, the various parties of the state have legal representation—the mental health trust, the police, the chief constable may have legal representation, all funded by the taxpayer. The family of the deceased, however, will too often have their finances gone through with a fine toothcomb—not just the parents, but grandparents, aunts, uncles and extended family—to see whether they should pay for some or all of their legal costs. That is a disgraceful way to treat a mourning family, and if we do nothing else, it is incumbent on this House to end that inequality in arms.
When someone dies in a mental health setting, as opposed to a police custody environment, we must ensure an independent investigation that carries the confidence of the family of the deceased and the wider community. Let us be in no doubt about the sense of anger and frustration at the current state of play. I do not know how we do this in law, but we must also end the culture of briefings. When someone dies in custody, the organisation that had responsibility for that individual’s care and safety can go into a sort of institutional meltdown and lockdown. It goes into a default position of getting its side of the story across, and the names and reputations of good young men are trashed in such a way that that becomes the accepted narrative—“Because the inquest is so far away, if we go on and paint a wholly false picture of this young man, that will become the accepted story.”
Can one imagine how it affects a grieving family—the weaker party in all this— to see the reputation of their son, grandson or nephew destroyed, and they have no right of reply? I do not know how we do that in law, but off-the-record, unofficial briefings should be regarded as acts of gross misconduct, and those that participate in and promote them should lose their jobs.
An issue of great importance to Black Mental Health UK is the use of face-down restraint, which is a very aggressive way of controlling someone who is distressed. Too often it can cause severe physical damage and can kill. We in this House should be in no doubt about the importance of this issue to those in the African-Caribbean community. They feel that it is used disproportionately on their young men, and we need to address that concern in a serious way.
I want to go back to the need for inquests. I am dealing with one family whose son called the police—there was a domestic dispute and he felt that he and his child were being threatened—and ended up being arrested. He was taken to a detained mental health environment. His sister came to see him. He said, “Please get me out of here. If you don’t, they will kill me.” He was dead the next day. It took the family a year and a half to recover the body of their son and brother. When they did recover his body, it was beaten, bruised and covered in Taser marks. That is a tragedy. I can understand why that upsets people so much. It upsets me today and I know that it upsets my colleagues who are here for the debate.
I do not pretend to understand the African-Caribbean community, but from the people who came to see me there is a total loss of trust in the establishment. There is a feeling that for the past 30 years we have allowed the causes of these deaths to go unaddressed. Somehow, we have turned away. The establishment has turned its back; it has chosen to walk on the other side of the road. If we are to bring the community closer to us we need to understand the sense of hurt we in this place, and the institutions of the state, have caused. The healing process needs to start at the very top. We need the Prime Minister and the Leader of the Opposition to stand up and say, “I want to hear your stories. I want to listen. I am so sorry that we allowed this to happen for so long. Please tell us your experiences and let us work together to ensure that we do not allow these injustices to continue.”
When I left the conference in Wolverhampton on 27 June I had one overriding emotion as I sat on the train: I felt ashamed that the country I love so much, and which has given me so much, could let a group of good people down so badly. It is quite something to have that emotion at the age of 45. I always knew that we do not live in a perfect place, but I always thought that it was a good place and that, if challenged, this country did the right thing. We have not done the right thing by the African-Caribbean community. All is not lost: we have the opportunity to do the right thing. I know I have not done this subject justice, but I hope that the Government hear the growing number of voices from all communities and lead the nation to a better place.
I congratulate the hon. Gentleman on the way in which he has made his remarks on this very important issue. Does he agree that one of the great sores in this debate is not just that no police officers have been prosecuted for the many deaths—hundreds—that have taken place in the past 20 years or so, but that the police continue effectively to investigate themselves because so many IPCC staff are police officers? That issue continues to be raised consistently in relation to deaths in police custody.
I thank the right hon. Gentleman for his intervention. I am aware that since 1991, although there have been nine verdicts of unlawful death passed down by inquest courts, there has not been a single successful prosecution. When I was at the conference at Wolverhampton and heard Dame Anne Owers of the Independent Police Complaints Commission present, I felt that perhaps the organisation was not fit for purpose. I had this terrible vision that this was the Care Quality Commission in front of me—we know that it is trying to address the failings of the past—but I felt that the IPCC was not in a good place. Now it is under new leadership, but I fear that it has so much ground to make up that it will never recover the credibility required to make it the force it should be.
With that, I shall conclude. I know that the hon. Member for Hackney North and Stoke Newington (Ms Abbott) is going to say a few words.
(12 years, 5 months ago)
Commons ChamberAs a former Legal Aid Minister, I recognise the hard decisions that have to be made on legal aid. Civil legal aid and judicial review are fundamental to our system. It has been fundamental since Magna Carta; if the state decides to take away someone’s home or children, or refuses to give them appropriate education, they ought to be able to challenge that. Will the Secretary of State look again at the issue, given the small amounts of savings he has suggested that there will be?
I hate to correct the right hon. Gentleman, but he talks about people’s entitlement to judicial review since Magna Carta. That took place in 1215—we will be celebrating its 800th anniversary shortly—whereas judicial review was introduced in 1974.