All 2 Fiona Bruce contributions to the Police, Crime, Sentencing and Courts Act 2022

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Mon 15th Mar 2021
Police, Crime, Sentencing and Courts Bill
Commons Chamber

2nd reading Day 1 & 2nd reading - Day 1 & 2nd reading
Mon 5th Jul 2021

Police, Crime, Sentencing and Courts Bill Debate

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Department: Home Office

Police, Crime, Sentencing and Courts Bill

Fiona Bruce Excerpts
2nd reading & 2nd reading - Day 1
Monday 15th March 2021

(3 years, 9 months ago)

Commons Chamber
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Fiona Bruce Portrait Fiona Bruce (Congleton) (Con) [V]
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Freedom of assembly and of expression are fundamental rights that are hard-fought and hard-won but easily lost or damaged if we legislate in haste. I want to focus on clauses 54 to 56 and 59 to 60, which would make significant changes to police powers to respond to protest. They would, for example, significantly lower the legal test for the police to issue conditions on protest. The term “serious unease” is a significant departure, reducing the test for the threshold of harm so as to potentially capture peaceful protest that a claimant considers objectionable.

Clause 54 would give the Secretary of State powers to further define the meaning of

“serious disruption to the activities of an organisation”,

which could significantly curtail the activities of peaceful pro-life vigils outside abortion centres. Organisations such as the British Pregnancy Advisory Service and MSI complain of harassment or intimidation, but this is rarely, if ever, supported by evidence. The test of “serious disruption” could remove the objectivity normally required for criminal prosecution and place the emphasis instead on the perception of an organisation. This has potentially far-reaching implications for the fundamental rights of those with non-mainstream views to assemble and express their views, and it is incumbent on this House to defend those rights, however much we approve or disapprove of such views.

Clause 59, by abolishing the common law offence of public nuisance and replacing it with a new statutory offence of

“intentionally or recklessly causing public nuisance”,

needs to be carefully scrutinised to ensure that there are clear definitions of terms such as “serious annoyance”, “serious inconvenience” and rights common to the public. The word “impact” in relation to static protests is ill defined and too open to interpretation, and on-the-spot assessments could increase unjustifiable interference with fundamental rights.

Concerningly, removing intentionality from the offence of failing to comply with a condition issued by the police on a protest means that the police will be able to enforce the law based on their subjective interpretation of what the alleged offender should have known. Allowing the police to issue conditions on one-person protests, rather than the current two, potentially brings into scope street preachers, but it should be recalled that prosecutions against street preachers have invariably failed due to falling foul of freedom of speech rights. Without amendment, the Bill could increase police apprehension of otherwise lawful speech and could have a profoundly chilling effect on free speech more widely. I hope that the Committee and the other place will have sufficient time to carefully scrutinise this significant Bill.

Police, Crime, Sentencing and Court Bill Debate

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Police, Crime, Sentencing and Court Bill

Fiona Bruce Excerpts
Finally, I refer to new clause 55, which I have tabled as a probing amendment in the light of abortion being decriminalised in Northern Ireland by this Government, to ascertain what the Government intend to do about women in England and Wales who are still subject to the criminal law under the Offences Against the Person Act 1861. For those who have spread much misinformation about what this new clause is about, let me be very clear. Decriminalisation of abortion does not mean deregulation of abortion, as we have seen in Northern Ireland. The behaviour of some hon. Members and national organisations, particularly on social media, is not helpful to the proper scrutiny and debate in this place of serious issues affecting the lives of vulnerable women, doctors, nurses and midwives.
Fiona Bruce Portrait Fiona Bruce (Congleton) (Con) [V]
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I speak to oppose new clauses 55 and 42, which I urge colleagues to vote against. New clause 55 is truly shocking on many counts. It would legalise abortions in this country right up to the moment of the birth of a child. No reason would need to be given. The current 24-week limit provision would go. The new clause would legalise sex-selective abortions: an abortion could be legally performed if someone chose to reject an unborn boy or girl. It would remove the requirement for abortions to be carried out by doctors, and the protection for women that abortions should take place on approved premises. It would remove the conscience clause: healthcare professionals could be required to conduct abortions contrary to their conscience or beliefs, or lose their job. It would sweep away current legal safeguards and protections not only for the unborn child, but many that protect women. The Abortion Act 1967 would, in effect, be void.

New clause 55 would be significantly more permissive than the Northern Ireland regulations introduced in 2020, and it would leave England and Wales with one of the most extreme abortion laws in the world. In Europe, the median gestational time limit for abortion is 12 weeks. Here, it is currently 24, with some exceptions. We should not be looking to increase it to 37 weeks—full term. Indeed, we should now be looking to lower it following medical advances over recent years regarding viability—the ability of a child to survive outside the womb at now 22 or even 21 weeks. The proposals are shocking: a viable human being could have his or her life ended up to the point of birth, with no one held accountable, and yet a day later similar actions against a child outside the womb would constitute murder. If, as has happened, the abortion procedure goes wrong, what then? Is the child to be left alone, crying and uncomforted, until it breathes its last? If new clause 55 were put to a vote, I am confident that it would be soundly defeated. The proposal has no place on the amendment paper. It has no place in this House. We are better than this. We are better than this as a Parliament. We are better than this as a country, and our constituents know it. Our inboxes have been flooded with calls to oppose new clause 55. I have had over 150 constituents email urging me to vote against new clause 55—not one constituent has asked me to support it. More than 800 medical professionals have today called for its withdrawal.

Reports indicate that only 1% of women want the current 24-week limit extended, with 70% wanting it lowered. It was lowered in 1990 from 28 weeks to 24 weeks as medical advances improved, and now is the time to reduce it further following greater such advancement. That is what we should be debating today, and I hope we soon will. Let today be a turning point in our approach towards the review of this country’s abortion laws. Let us determine to secure better protection for the unborn child and for women, not worse. New clause 55 has no place in a compassionate, civilised and humane society. If, as I now understand, the proposers tabled it as a probing amendment, then I hope, given the strength of opposition that has gathered in just a few days within and outside this House, they will never contemplate reintroducing it. We are better than this.

Sarah Champion Portrait Sarah Champion (Rotherham) (Lab) [V]
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It is an honour to speak in this debate after having served on the Bill Committee. While I am deeply worried about part 3 of the Bill, which undermines the right to protest, I will spend the short time I have on my amendments, which aim to improve the criminal justice response for victims and those at risk of sexual exploitation and all forms of abuse.

The 2019 national police wellbeing survey identified that 57% of police officers responding reported post-traumatic stress symptoms, which would warrant an evaluation for PTSD. A Police Federation survey of 18,000 members found that attending traumatic or distressing incidents was one of the top 10 reasons why respondents were having psychological difficulties at work. John Apter, chair of the Police Federation, stated in evidence to the Committee:

“The covenant gives us a great opportunity to put in place mandated levels of psychological support and training”.––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 20, Q30.]

My amendment 25 acts on those concerns and would ensure a clear focus within the police covenant on the impact of working with trauma, ensuring that the impact on officers’ wellbeing and morale is mitigated. We owe them that.

Turning to amendment 51, after years of campaigning with Baroness Grey-Thompson and the hon. Member for Chatham and Aylesford (Tracey Crouch) I welcome the measures in the Bill to extend the definition of positions of trust to include faith leaders and sports coaches, which is a vital step in improving safeguarding. However, the Bill still leaves children vulnerable to abuse from other adults in positions of trust, such as driving instructors, private tutors or counsellors. I urge Ministers to adopt my more comprehensive solution, which ensures that children across all activities and settings are protected from adults in positions of trust.

The Bill should do more to address child criminal exploitation. The Children’s Commissioner estimated that at least 27,000 children are at high risk of exploitation by gangs. Despite the scale of child criminal exploitation, there is a lack of shared understanding about what it is and the forms it takes. Questions are not consistently asked when children are identified as being associated with criminal activity. Children are arrested for crimes that they are being forced to commit, while the adults who exploit them are not brought to justice. My new clause 23 would introduce a statutory definition of “child criminal exploitation”. That would enable a shared understanding and a better multi-agency response, and it would support professionals to spot the signs of exploitation earlier and disrupt grooming.

Finally, I turn to new clause 24, which is supported by 41 Members across the House and to which the Minister gave a good hearing. I was astounded when I realised that registered sex offenders are changing their names without notifying the police, despite a legal requirement to do so. Current notification requirements leave the onus on the offender to report a change in their name. The result is that many slip under the radar of the police, with potentially devastating consequences. This serious safeguarding loophole leaves sex offenders free to get a new name, a new driving licence and a passport, and then to secure a new disclosure and barring service check, with which they can go on to gain jobs working with children and vulnerable people. Alarmingly, an FOI request by the Safeguarding Alliance, which I thank for its support on this matter, found that more than 900 registered sex offenders went missing between 2017 and 2020, and that was with only 16 of the 43 forces responding.

We cannot rely on sex offenders to inform the police themselves if they change their names. New clause 24 requires the Government to undertake a review into the problem and to propose solutions within a year of the Bill being passed. I hope that the strength of support for the clause will make the Minister consider working with me to get the changes we seek.