Criminal Justice Bill

Florence Eshalomi Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

[James Cleverly]

The hon. Gentleman makes an incredibly important point. Of course, this Bill focuses on the crime and criminal justice part of the equation, but he is right that treatment is important. That is why I am very proud that this Government have invested an extra £600 million in the very thing he raises, because we realise that, as well as having robust criminal justice action, we need those treatment facilities.

A tough but humane approach to illegal drugs is the only plausible way forward. The House knows that being a victim of any kind of crime is deeply distressing. No crime should be screened out by the police solely because they perceive it to be minor. In August, the police committed to following all reasonable lines of inquiry for all crime types. That is a hugely welcome development, and it is my job to give police forces every possible support in that endeavour.

The Bill confers additional targeted powers on the police to enter premises without a warrant to seize stolen goods such as mobile phones where they have reasonable grounds to believe that there are particular items of stolen property on the premises. GPS location tracking technology, for example, could provide such grounds. This gives the police an opportunity to address a particularly prevalent crime type. The Bill also gives the police greater access to the Driver and Vehicle Licensing Agency’s driver records in order to identify criminals.

Public confidence in policing is, of course, vital, but it is also vital that officers have confidence in each other and that police leaders can root out those who are unfit to wear the uniform. We want to ensure that we never again see the culture of defensiveness and self-interest that, sadly, we saw in the aftermath of the terrible incident at Hillsborough and following the killing of Daniel Morgan. The Bill therefore introduces a duty of candour in policing. This follows Bishop James Jones’s report, which shone a light on the experience of the incredibly brave families of the Hillsborough victims. Those families have been through a lengthy and terrible ordeal.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I welcome the Home Secretary to his position. He rightly says that a new proposal is being brought forward on police misconduct, but he also mentions public confidence. Would the public not have more confidence in the police if any officer who failed their vetting was automatically dismissed?

[James Cleverly]

We are taking action to ensure that police officers, both at the start of their career and through their career, are held to appropriately high standards. On that particular issue, this is something we are taking forward. It is part, but not the totality, of what needs to be done, which is why we are outlining a number of things in the Bill.

Through the Bill, we will give chief constables the right to appeal the outcome or findings of a misconduct panel to the police appeals tribunal. Chief constables are responsible for upholding standards in their force, so it is right that they have a statutory route to challenge decisions that they consider unreasonable.

A person is not safe unless they are safe everywhere: in their home, at work, in public places and, of course, online. The Bill builds on the intimate image sharing offences in the Online Safety Act 2023 by introducing new offences addressing the taking or recording of intimate images or films without consent, as well as addressing the installing of equipment to enable the commission of the taking-or-recording offence. This means we now have a comprehensive and coherent package of offences that is effective in tackling intimate image abuse, which is a truly horrible crime that can have a lasting negative effect on victims.

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[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I rise to speak to some of the amendments and proposals outlined in this Bill, and to echo some of the comments made by right hon. and hon. Members. One of the key things in it—requiring individuals who are facing a sentence to come up and hear their sentencing—is a step in the right direction. I am sure that provision is welcomed, and it is good to see that the Home Secretary and Ministers are listening to many of the bereaved families about the impact non-attendance has on them. They have spoken about how it is distressing, exacerbates trauma and essentially denies them the opportunity to address the perpetrators. However, I hope that the Minister, in responding, will address some of the concerns of campaigners and organisations, including Justice, which have highlighted that the use of force may have a disproportionate impact on BAME offenders and could also put custody officers and prisoners at risk. I hope that the Government will bear that in mind when they are looking at how to implement this power.

[Bob Stewart]

I totally agree with what the hon. Lady has said. Are we envisaging someone who refuses point blank to come into court to receive their sentence being forced into court by police officers and manacled to the dock? Personally I agree with that, but is that what we are envisaging?

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[Florence Eshalomi]

This is where we need clarity, not only for offenders but for prison officers who are going to be dealing with those people and making sure no harm comes to them. There must be a clear definition of the use of force, recognising that this is a very distressing time for the families and those in the dock but also recognising that there must be appropriate use of force.

Many Members have highlighted the second area I want to focus on: the new proposal on the power of nuisance begging and nuisance rough sleeping. The hon. Member for Chatham and Aylesford (Tracey Crouch) and my hon. Friend the Member for Rotherham (Sarah Champion) are not in the Chamber at present, but I agree entirely with their comments. There is no mention in the proposals of any support to address rough sleeping, yet we have a number of punitive measures that will only end up criminalising people who are already facing a difficult and challenging time. Those measures will do nothing to end rough sleeping and homelessness. Specifically, the penalty for nuisance begging or nuisance rough sleeping is one month of imprisonment. The measure might not work, either, because the Government have been honest in saying that there is a lack of capacity in prisons—there is just no space. That is evident in the Government’s proposals in clauses 25 to 29 to transfer individuals to rented prisons abroad.

Short-term prison sentences are expensive, and studies show that they do not work in having a positive impact on re-offending. I am co-chair of the all-party group for ending homelessness, and our inquiry last year heard from many people who had experienced rough sleeping and homelessness. The key issues they highlighted were mental health problems, substance abuse, domestic abuse, alcohol and poverty. All of them are key drivers in forcing people to experience rough sleeping and homeless.

[Stella Creasy]

Given that this is a Home Office Bill, does my hon. Friend recognise that one of the challenges we are seeing is an increasing number of people who are refugees becoming homeless because they are given such short notice that they are no longer going to be housed in hotels? Perhaps if we had a little more notice and planning we might be able to avoid some of those people sleeping rough, because we could work with them to make sure they were able to find housing or other accommodation in their new country when they have the status they need to be here.

[Florence Eshalomi]

I thank my hon. Friend for raising that matter, because it is as if she is reading my mind. Our all-party group took evidence from a number of different organisations as well as London councils, refugees and people from the Homes for Ukraine scheme. We heard about people who had been housed and supported by various councils and host families, but who were now presenting to councils up and down the country as homeless with nowhere to go. The Government need a joined-up approach to addressing this.

We also have to recognise that people who are rough sleeping are also very vulnerable and are more likely to be victims of crime and antisocial behaviour, yet they will not report that to the police because of the stigma of being homeless.

Everyone needs a good-quality home to live in. It is central to our wellbeing and our physical and mental health, and it should be a basic human right. I urge the Minister and the Government to remove the clause in question and instead to work with local authorities, charities, shelters and organisations including St Mungo’s, Crisis, Shelter, Homeless Link and a range of others, who are working hard to provide support to people so that everyone can find a decent home and keep it.

I also want to talk about the vetting, suspension and misconduct of police officers. This Bill presented a good opportunity to introduce reform in those areas. We have had various reports and studies on police conduct both in London and across the country, and the fact that seven of our police forces are still in special measures should alarm us. The duty of candour for police under clause 73 falls short of the wholesale review we need in policing. There is a requirement on the College of Policing to issue a code of practice to set out the actions to be taken by a chief officer. That essentially leaves the College of Policing to determine what

“acting in an open and transparent way”

means.

One of the key areas cited in Baroness Casey’s report was the defensiveness of organisations such as the Met police when faced with criticism. My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) put forward a number of sensible proposals to look at reforming that, and they go way beyond what the Government are outlining in the Bill. They include automatic dismissal for a serving officer convicted of a serious criminal offence, automatic suspension of an officer charged with a serious criminal offence and automatic dismissal of a serving officer who fails their vetting. That would help restore some of the trust and confidence in our policing, because at the moment criminals see that those who are supposed to uphold the law are not within the law themselves and are facing criminal charges. That should not be happening.

We welcome some of the good measures in the Bill. Some of the measures on knife crime are good, but on their own will they not go far enough to address knife crime. One of the most difficult things I have had to do as a Member of Parliament is to meet bereaved families. I have sat in a family’s front room and looked over their shoulder and seen a picture of the loved one they have lost—that young smiling face. I held my constituent’s mum earlier this year after her daughter was brutally murdered at 4 pm on 1 May. She asked me, “Why?” She asked why she has to wait over a year to get justice for her daughter. There is nothing you can say.

Just introducing new measures and legislation on zombie knives and other knives will not address the chronic issue of knife crime that we see across the country. We need a full-scale, holistic public health approach. We need funding, education and a mental health approach to dealing with the root causes of knife crime. We cannot just lock people up to get out of this—that is not the solution. Those who have lost family members know that is not the solution, and they want to work with the Government to address this matter properly. I ask the Government again: instead of introducing yet another measure on knife crime, will they work with local authorities, youth services, councils and police forces up and down the country to have a wholesale public health approach to dealing with this pandemic of knife crime?

Hate crime has sadly risen, too. Earlier this year there was a horrific hate crime attack at the Two Brewers in Clapham in my constituency. We have seen a massive increase in LGBTQI+ hate crime. Someone being attacked simply for who they love is wrong. Again, the community feel that when they come forward to report such crimes to the police, their concerns are not taken seriously. Will the Government look at the inefficiencies in reporting and addressing those crimes?

A number of Members have mentioned retail crime and visits they have made to stores in their constituencies. Like my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), I visited a Co-op store in my constituency. In the South Lambeth Road store, shopworkers mentioned a situation where the same offender had come to the shop 17 times. Shopworkers are going out to work every day knowing that they could be physically attacked and abused, and that is not right. I started my working life in Sainsbury’s on Clapham High Street. Yes, customers could sometimes be aggressive, especially when the focaccia bread was sold out by 11 am on Saturday morning—it was Clapham High Street—but no one should have to tolerate abuse and physical abuse just for going to work. Staff on the frontline in our retail shops are being attacked day in, day out, and that cannot go on. The Government are not recognising that, and are saying that thefts under £200 will not be looked at. We need to ensure that the police have the resources to address this issue, because low-level antisocial behaviour escalates. In some cases, that physical and verbal abuse, God forbid, turns into a stabbing and an innocent shop worker being killed. We should not have that happening to our frontline workers. There are sensible proposals in the Bill, but I urge the Government to think carefully about those that will not have an impact in addressing the key issues of crime and antisocial behaviour.

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[Dame Meg Hillier]

Again, I find myself breaking out in agreement with the right hon. Gentleman.

If the sanction is too low, people will keep doing it. As with county lines, it is clear that criminal gangs are often using and exploiting vulnerable people to do their dirty work. Those vulnerable people get caught, but we do not get Mr Big. Shoplifting is becoming an epidemic in many of our areas.

[Florence Eshalomi]

One of my conversations with shop workers was about the mental health impact of being attacked and abused day in, day out. A number of them were thinking of changing profession. We might think they have support, but the right hon. Member for Witham (Priti Patel) mentioned that, in most circumstances, smaller shops have just one person in the store. Does my hon. Friend agree that their safety has to be paramount and that we need more action?

[Dame Meg Hillier]

I absolutely agree with my hon. Friend. Like her, I have spoken to shopkeepers and it is heartening that they want to do a good job. They said the problem is that, after a shoplifting incident, not only do they go home with it in their head but they have to take time out to record it all. This is what one said to me, and it was really heartfelt: “It stops me doing what I’m here to do, which is to help customers.” He was so proud of his job, and he wanted to help customers. Nobody should be forced not to do their job well. Frankly, there is a real issue here, and there needs to be a strong signal that there will be action on the ground, with the police working with the retailers. The big retailers can help, but action needs to be area-wide. We need to take a completely different approach to shoplifting.

I commend the comments of my hon. Friend the Member for Vauxhall on knife crime. She highlighted the utter tragedy that she and I have experienced too often. It is not right that our young people feel unsafe roaming the streets. They should have the right to roam, but instead they and their parents are constantly worrying about knives on the streets.

Just banning zombie knives is not enough, because people will hide them. As with county lines, people will find a way. An 11-year-old in my constituency was recently asked to hide a gun, and when the gun went missing—it was taken from him—he had to pay back the person who had asked him to look after it. That is a classic example of grooming, and the same thing will happen with knives, which are not always held by the criminals themselves. Those who want to get hold of a dangerous weapon can do so all too easily, even if it is banned in law. That alone is not enough for somebody who is determined to do this.

We need to take a much more holistic public health approach to knife crime. I was in the Home Office when my party was last in government. The right hon. Member for Witham (Priti Patel) and I are proud of our service in the Home Office, which is a great Department to be in, but it is also frustrating. At that time, we were trying to work with accident and emergency departments to get the data so that we could track what was happening, to make sure we had a more holistic approach. This is not just a crime issue; it is about making sure we are helping and diverting young people, who are often drawn into this activity not because they want to be but because, for young people living in certain areas, it is safer to be part of a gang than to step away. It is hard to resist that pressure at times, and those innocent young victims need as much support as other victims.

Metropolitan Police: Operational Independence

Florence Eshalomi Excerpts

Thursday 9th November 2023 Commons Chamber

[Chris Philp]

I thank the hon. Gentleman for his words. He is right to point out those examples where Members of this House, particularly on the Opposition Benches, have in the past criticised the police. No one on those occasions claimed that those criticisms impinged on the operational independence of the police; they were simply holding the police to account, as politicians on both sides are entitled to do. I am grateful to him for reminding the House of those previous occasions when Opposition Members have exercised their prerogative to hold the police to account.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I am thinking of the number of times I have spoken to criticise and call out the police for their behaviour in things that they have got wrong, but we are seeing the Home Secretary blatantly interfering with the operational day-to-day decisions of the police. We have to call that out; the police have to be independent. I have lost count of the number of people our Home Secretary has demonised, be they LGBT people, homeless people or minorities. Why? Why is there so much hate spewing from her? The organisers of the march have said that it does not coincide with Remembrance Day. Will the Minister correct that and stop conflating the two issues?

[Chris Philp]

I do not accept the hon. Lady’s characterisation; it is both unfair and unintentionally inaccurate. There are all kinds of risks that the police will have to manage on Saturday if the march goes ahead, including the risk that groups break away, which did in fact happen last Saturday—a group broke away and ended up in Trafalgar Square, where they set off fireworks, and 11 police officers were assaulted. Those are the kinds of risks that will have to be managed by the police on Saturday. That is not an easy job, but I am sure that the police have the House’s full support in doing it.

Hate Crime Against the LGBT+ Community

Florence Eshalomi Excerpts

Wednesday 18th October 2023 Westminster Hall

[Stephen Doughty]

As the hon. Member knows, I totally agree with her. The scale of this issue is staggering. Those statistics in practice mean 79 incidents a day—one roughly every 20 minutes—in 2023. Of course, there is better police awareness and reporting in some cases, but there is significant under-reporting. Fewer than 10% of LGBT people told the national LGBT survey in 2018 that they felt comfortable reporting hate crimes to the police, so it is likely that the statistics are a drop in the ocean.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I thank my hon. Friend for securing this really important debate. He has just talked about some of the statistics. Does he agree that things are even harder for LGBTQ+ black and minority ethnic people? One of the things that was flagged up with me when I attended Black Pride this year was that a number of people in that community still do not feel comfortable reporting to the police. The figures are just the tip of the iceberg.

[Stephen Doughty]

My hon. Friend is absolutely right. I commend Black Pride and many of the other organisations that do incredible work in this area. The intersectionality of hate crime statistics should be deeply shocking to us all.

We heard about North Wales police. My force, South Wales police, provided me with its latest statistics. Just in the period from October last year to September this year, the force recorded 645 hate crimes related to sexual orientation, resulting in 33 charges, and 170 reports of transgender-related hate crimes, resulting in five charges. I am reassured by how seriously my local force takes these issues—I have had many conversations with it—and I have heard other positive examples while preparing for the debate, from Avon and Somerset to Lancashire to Norfolk, but there are significant challenges in some places. In London, the Casey report showed that trust in the Metropolitan police has fallen faster among LGBT+ Londoners than among non-LGBT+ Londoners. Leadership and action are far too patchy across England; in the absence of a central hate crime strategy, they depend too often on individual police and crime commissioners and forces.

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[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to see you in the chair, Mrs Cummins. I would like to start by thanking my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) for securing this debate, which has been so well attended. When I was shadow Public Health Minister, I had the chance to collaborate with him on his vital work to end the transmission of HIV. His efforts there have been remarkable, and he has set the tone and brought the same kind of spirit to today’s debate. He talked about the stark and horrific reality of hate crime, which should act as a call to action. He made crucial points about reference, which were echoed by my hon. Friends the Members for Wallasey (Dame Angela Eagle), for Plymouth, Sutton and Devonport (Luke Pollard) and for Sheffield, Hallam (Olivia Blake). We as leaders have a real responsibility in this space.

The debate has been important. I am particularly grateful to colleagues who were able to talk about their personal experiences. People assume that as parliamentarians we are confident in always sharing what can be very deep parts of our personality, but it really has enriched the debate, and I am exceptionally grateful for that. My hon. Friends the Members for Salford and Eccles (Rebecca Long Bailey) and for Leeds North West (Alex Sobel) and the hon. Member for Carshalton and Wallington (Elliot Colburn) made really important points about under-reporting. Our efforts today and the leadership we show from this place—we must hear that from the Minister, and I will have some ideas myself—are the way to drive up reporting and build confidence. We know for too many people that confidence is not there at the moment.

I want to cover the point from the hon. Member for West Dorset (Chris Loder). First, to be very clear, my hon. Friend the Member for Manchester Central (Lucy Powell) has a very diverse constituency in Manchester and represents all her constituents, no matter their background—political or otherwise. That T-shirt is not an act of hate. Similarly, we would not interpret condoms at Tory party conferences that say, “Labour isn’t working, but this condom will (*99% of the time)”, as such. We take it in the spirit in which it was meant. I would be saddened if it was not taken in the spirit in which it was meant. I want to put that on the record.

In recent years we have seen incidents of hate crime rise significantly. Hate crimes motivated by sexual orientation have risen by almost 500% over the last decade. Crimes targeting transgender identity are up by 1,000%. We would expect to see some increase as we have, as a whole society, pushed to improve reporting, but even from isolating the data to the recent past four years—2018 to 2022—hate crime on the basis of sexual orientation is up by 41% and on the basis of gender identity by 56%. There is a problem here, and reporting alone cannot explain it. As my hon. Friend the Member for Plymouth, Sutton and Devonport said, there are changes in all our communities.

LGBT+ people must be treated fairly, with dignity and with respect. As leaders in this place, our commitment is to treat these issues with sensitivity, rather than to stoke division and pit people against each other. We should be proud of our record as a tolerant country. We should be proud of our progress on equality. As the hon. Member for Darlington (Peter Gibson) said, we should be overjoyed that we have the most out LGBT+ Members of Parliament of any legislative body in the world. But that progress is not inevitable. We need to hear the Government’s plan to reverse this trend in hate crime and to reverse how LGBT+ people feel today.

Where the Government will not step forward, we stand ready. We are proud that the previous Labour Government did more to advance LGBT+ equality than any in history and, if given the chance, the next will break new ground in this space, too. We would introduce a full and immediate trans-inclusive ban on conversion therapy, protecting legitimate talking therapies but closing any consent loopholes that are put in the statute book in the meantime.

We will also strengthen and equalise the law so that anti-LGBT+ and disability hate crimes are treated as aggravated offences. In doing so, we would accept the Law Commission’s recommendations that the aggravated offences regime be extended across five protected characteristics: race, religion, sexual identity, transgender identity and disability. That will ensure that anyone who falls victim to hate crime is treated equally under the law and that the perpetrators of anti-LGBT+ and disability hate can no longer dodge longer sentences. Those commitments sit alongside our broader, crucial pledges to put 13,000 neighbourhood police officers and police community support officers back on our streets and embedded in our communities, so that they can build local relationships to combat hate crime and deter it through their visible presence.

[Florence Eshalomi]

My hon. Friend will be aware of the horrific attack at the Two Brewers in my constituency of Vauxhall on Sunday 13 August. I commend the organisation for working with the police: the perpetrator was caught a month later and he is still on remand. Does my hon. Friend agree that we need more police officers across all our communities to ensure that anyone committing these heinous attacks will feel the full weight of the law?

[Alex Norris]

Absolutely. We want to send a very strong signal that, under a future Labour Government, there would be 13,000 extra staff, compared with the 10,000 fewer we have at the moment, to take back our streets so that those who think they can break the law with impunity find out that they no longer can.

There is a significant point about charging. Our charging commission, chaired by former Victims’ Commissioner Dame Vera Baird, will be providing recommendations on raising the scandalously low charge rates that are so damaging to our justice system and are letting criminals off the hook. This is a plan to reverse a legacy of decline. We are determined to turn this situation around, and to make our streets safe with a police and justice system that is fit for the future and that the LGBT+ community can trust to combat hate crime and bring the perpetrators of it to justice.

Ethnic Minority and Migrant Victims of Violence Against Women and Girls

Florence Eshalomi Excerpts

Wednesday 5th July 2023 Westminster Hall

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I pay tribute to my hon. Friend the Member for Edmonton (Kate Osamor) for securing this really important debate. It is timely when the rights and voices of women are being silenced—an issue that is really important to us all.

I also pay tribute to my hon. Friend the Member for Poplar and Limehouse (Apsana Begum) for always being honest in sharing her own personal story, because every time she speaks about it she is helping another woman to have the strength and courage to come forward. That is not easy, but even if it is only one woman who comes forward, it is possible that they could change and impact another woman’s life, so I thank her for that and for always being honest about that.

I want to speak about an issue that sometimes we, as a society, sweep aside: girls who are associated with gangs, and the violence and sexual violence that they face. When we talk about gangs, people perceive violence and youth crime as an issue that predominantly affects young men and boys, but a number of girls are also being criminalised. If we look at county lines, we know that many gangs use young women to transport drugs up and down the country because they are less detectable. We also know that those girls are being criminally exploited. Child criminal exploitation is a big issue, and child sexual exploitation is also a big issue.

We see gang members involved in county lines sexually exploiting vulnerable young women and girls. We see male gang members grooming those young women into sexual relationships, to a point where those young women and girls do not realise that they are being groomed and used. They think they are in a relationship; they look up to this male. Then they are tricked into opening bank accounts, and tricked into using their homes to cuckoo and store drugs and weapons, including knives and guns, all with the allure of this older male being their partner.

For a number of these girls, it is quite hard to break out of these relationships. The issue of debt bondage comes in. They have to pay back the gang members, and that payback is often in the form of sexual exploitation. These girls have been raped multiple times by gang members. In some cases, gang initiation practices involve multiple rapes of these girls. How do we see the police and other agencies responding? They criminalise these young girls. They say that they are gang members, not recognising that they are being exploited both criminally and sexually. So we need a gendered approach when we talk about these young women and girls who are being exploited sexually.

Also, a number of these young women and girls are from a black and minority ethnic background, and they already have no faith in the criminal justice system. They feel that no one will believe them. I remember what happened to Sarah Everard in my borough—where she was attacked and kidnapped was close to the area I represented as a ward councillor. I have walked those roads. In one of the sessions that I had with a group of youth workers, one of the girls said to me, “If they can’t even believe someone like Sarah Everard, what chance do they have of believing me?” That is how the girls see it in terms of what is happening with the policing system.

We need to consider how we hear the voices of young black and minority ethnic women in the criminal justice system, and not just throw away the key and lock them up. We need to make sure that we listen to them when they tell us they are being sexually exploited and criminally exploited, and not perceive them as gang members. We need to listen when they are coerced into opening bank accounts so that money can be transported through them. We need to listen to them when they face being made homeless, often with their young children, and see their tenancies end because their homes are being used by gang members. We need to make sure that we believe these young women.

Sadly, in January 2019 the National Crime Agency estimated that 91% of people associated with county lines were men, but females were under-represented both as offenders and victims of exploitation because the data is not there. One of the issues I raised when I held a Westminster Hall debate on this subject was the importance of ensuring that violence reduction units, police and crime commissioners and different policing agencies across the country hold data on how many girls and young women come into their services. There is a lot of data on boys and young men. The data on women and girls is patchy at best. It is important that when the police stop and search a car with a young girl in it, they do not assume that she is the girlfriend of a gang member. She could be being held in that car against her will. She could be being criminally or sexually exploited. It is about asking her questions about her safety.

We see these young women and girls providing support to gang members when there is a stabbing. Again, I remember speaking to a gang member, who said, “When there is an incident—a stabbing—it is the girls and young women who are the first ones there.” It is the girls and young women who offer mentoring and trauma support to those young boys—who organise the funerals, lay flowers and tend to the burial site. Where is the help and support for those young girls? It is important, when we talk about violence against women and girls and minority ethnic women, that we think about their voices and ensure that they are heard.

On the specific area of girls associated with gangs, I ask the Minister when the Government will start working with the PCCs and violence reduction units to ensure that we collate the data on a gendered approach, because if we are serious about tackling the issue of violence against women and girls, we need to ensure that we have the data in the first instance.

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[Miss Dines]

I will be happy to do so once I have made a little more progress.

Right at the beginning of the debate, the hon. Member for Edmonton said that she had grave concerns about how people are dealt with by the police. I agree, on behalf of Government, that it is crucial for police officers to have the right tools and training to engage sensitively and appropriately will all victims of domestic abuse.

I hope it is useful to set out what training is already available for the police. For those entering the service, the College of Policing’s foundation training includes substantial coverage of police ethics, including the effects of personal conscious and unconscious bias. The initial training, undertaken by all officers, also covers hate crimes, ethics, equalities and policing without bias. Further training is then provided in specialist areas throughout an officer’s career. For example, training for those involved in public protection includes methods to raise officers’ self-awareness of their own views, stereotypes and biases.

[Florence Eshalomi]

The Minister may be aware of Valerie’s law. We are asking the police to look at having specialist training covering the fact that bruises and scars from domestic abuse do not show as much on the skin of black and minority ethnic women. The police have been found not to have believed some of these women, so does the Minister agree that there should be police training on that?

[Miss Dines]

When I have had engagement with the national leads from the College of Policing, I have always been impressed with how they have been prepared to develop and pursue areas in their training. I know the hon. Lady will make representations to them and to me on how the training can be made better, and I am always interested in hearing about that.

I am pleased that Domestic Abuse Matters training has been widely undertaken. The Domestic Abuse Matters programme has been delivered to the majority of forces and we are supporting the roll-out to remaining forces. There are also updated modules, which are of assistance.

Stop and Search

Florence Eshalomi Excerpts

Monday 19th June 2023 Commons Chamber

[Suella Braverman]

I listen to frontline police officers and I look at the data when I make policy, and the police tell us that stop and search is a vital tool to crack down on criminals and to protect communities. Sir Mark Rowley, earlier this year, said he had countless examples of offenders being discovered to have dangerous weapons, tools for burglary or drugs on their person that have been uncovered by his officers being in the right place at the right time, and using this important power. These are examples and this is evidence of the utility of stop and search.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

The framing of knife crime as a black issue is frankly lazy and a dangerous narrative. We need to work with all our communities to understand the core issues around the root cause of crime, and why some of our young people feel that they need to carry a knife. Some of them are victims. I want all my Vauxhall constituents to feel safe and go about their daily business, but stop and search on its own is a blunt tool. The Independent Office for Police Conduct found that a single black boy was searched 60 times—60—between the ages of 14 and 16, leaving him fearful of the police. No Member of the House will think that is an effective use of police time, so can the Home Secretary outline what measures she is taking to end what the IOPC found is the “disproportionate impact” of stop and search on black, Asian and minority ethnic people?

[Suella Braverman]

As I said, it is vital that stop and search is used judiciously, carefully, reasonably and proportionately, and that there is effective community engagement and scrutiny. There are today more layers of scrutiny and challenge than ever before on the use of that particular power—internal supervision, first and foremost; internal feedback on each stop and search, depending on the force; stop and search scrutiny panels, chaired either by a member of the community, or by police and crime commissioners; inspectorate observations; and internal force professional standards investigations when there is a complaint. That is why we are seeing higher levels of confidence and lower levels of complaint.

Independent Inquiry into Child Sexual Abuse: Report

Florence Eshalomi Excerpts

Monday 22nd May 2023 Commons Chamber

[Suella Braverman]

My right hon. Friend is absolutely right to say that the rapid pace of development in technology is a challenge to grapple with when it comes to protecting children online. I pay tribute to him for standing up for child victims when he was Home Secretary, and taking a stance against this heinous crime. Our Online Safety Bill is making its way through Parliament. It is future-proofed to allow the regulator to keep pace with technological developments. From the Home Office point of view, I am working with the National Crime Agency and GCHQ to identify the new challenges posed by AI. In this field, there are opportunities but also real risks posed by the proliferation of AI, and we need to ensure that our law enforcement agencies are equipped to deal with them.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

The Home Secretary stated that the inquiry rightly demands proper leadership and governance when it comes to the protection of children. Another area that demands proper leadership, and where protection is needed, is child criminal exploitation. Sadly, a number of young children who are criminally exploited are sexually exploited as well. Girls are used by criminal gangs. They are gang raped multiple times and asked to perform sexual acts. When those girls report that to the police, they are viewed as gang members; they are not treated as victims. Does the Home Secretary agree that if we are to treat those girls as victims, we need a proper statutory definition of child criminal exploitation?

[Suella Braverman]

Child sexual exploitation is abhorrent, and this is part of our response in stamping it out. Since the inquiry published its final report, we have published our Victims and Prisoners Bill, which places new duties on local commissioners to commission sexual violence services according to need, including for children. When the Bill becomes an Act, there will be new powers and strengthened opportunities to enable police and crime commissioners to respond to particular needs in their areas, such as the issues that the hon. Member raises.

Police Uplift Programme

Florence Eshalomi Excerpts

Wednesday 26th April 2023 Commons Chamber

[Chris Philp]

The Humberside force is doing a good job and recently had a good inspection. I thank Chief Constable Lee Freeman for his work. The Humberside force also has a record number of officers—188 more than in 2010. I agree with my hon. Friend that neighbourhood policing and visible policing on the street are critical. That is why we launched the antisocial behaviour action plan a few weeks ago. We expect that to be tackled by police forces up and down the country, including in Humberside, so I completely agree.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

One of the issues raised in the Casey review, which the shadow Home Secretary referenced, was standards and vetting. It is all well and good for the Minister to talk about new recruits and figures in the thousands, but even police officers are highlighting concerns with senior ranking officers. Why has it taken so long for this Government to introduce mandatory national standards on vetting, misconduct and training for all new recruits? That would help to address some of the issues that we see not only in the Met police but right across other police forces—the very same police forces that are in special measures. It is all well and good saying that we have new recruits, but that is no good if they have no confidence that if they raise an issue with their superiors it will be dealt with. That could be addressed by having a national vetting procedure for all new recruits.

Illegal Migration Bill

Florence Eshalomi Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Alison Thewliss]

The Scottish National party has tabled many amendments to the Bill, as we did yesterday, in a vain attempt to make it more palatable, although the Bill is so egregious as to be unamendable and unsupportable.

The aim of the Bill is reflected in a statement by the United Nations High Commissioner for Refugees, which said that it would

“'amount to an asylum ban—extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly; no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances”.

This is an extraordinary and extreme Bill. If it is passed, almost no one will be able to claim asylum in the UK—not children, not trafficked people or those at risk of persecution, and not survivors of torture. The Refugee Council has estimated that the Bill will result in as many as 250,000 people, including 45,000 children, being detained or left destitute in state-provided accommodation.

My colleagues and I have set out a range of exceptions to removal, and we have done so for a very clear reason: to humanise this brutal Bill, and talk about the specific impacts it will have. The Tories like to speak as if the people affected by the Bill are some kind of amorphous blob. They are not; each and every one of them is a real human being. They are people who have wept at my surgeries, and it is despicable that this Government care so little for their welfare, as well as for our international obligations. Names have been changed in a number of the examples and case studies I will use, but they are real people.

Amendment 188 is Hussein’s amendment. It asks for the duty of removal not to apply to people who were under the age of 18 when they arrived in the UK. Hussein was flown over from Djibouti aged nine by a woman he had never met. His travel documents were faked and his identity changed. He was made to look after another family’s children while still only a young child himself. It took him until adulthood to speak publicly about his case. Many of us will know him by his more famous name: Sir Mo Farah. Under the Bill, children such as Hussein Abdi Kahin would never have been given the opportunity to rebuild their life. They would have been denied citizenship, detained and removed. Unaccompanied children would not be supported, as they are through the excellent Scottish Guardianship Service run by Aberlour.

Scotland’s Children and Young People’s Commissioner, Bruce Adamson, has said:

“The UK is required to ensure that children seeking refugee status receive appropriate protection and humanitarian assistance, under article 22 of the UN Convention on the Rights of the Child (UNCRC). The UNCRC also requires the UK to ensure that children are protected from exploitation and abuse, and afforded support for recovery. This Bill violates those obligations and many others. Its enactment would place the UK in clear breach of its international law obligations under a range of human rights treaties.”

I urge the Government to accept our amendment.

Amendment 189 would exempt Afghan nationals, and nothing said by the Minister for Veterans’ Affairs in the House earlier has made any difference to how I feel about this issue. There are still many Afghan nationals whom we do not protect. I wonder whether it might be possible to call this Tobias’s amendment, since the person in the case I will mention wishes to remain anonymous. The Independent reported:

“The air force lieutenant, who flew 30 combat missions against the Taliban and was praised by his coalition forces supervisor as a ‘patriot to his nation’, was forced into hiding and said it was ‘impossible’ to make his way to Britain via a safe route.”

That sparked indignation from the right hon. Member for Bournemouth East (Mr Ellwood) who would appear to be entirely detached from the reality of what he has voted for in this Bill. He tweeted:

“This is clearly not who we are as a nation. And is not how our migration system should operate. I hope the Government will look at this case specifically and address the wider issue of how an Afghan (who supported UK Armed Forces) can safely apply for asylum in the UK.”

Let me explain this to the right hon. Gentleman, and to all the others: if this Bill passes, which no doubt it will, that is exactly who this nation is. That is exactly how the UK migration system will operate. It is exactly what Conservative Members voted for in supporting this wicked Bill—no exceptions, no backsies, no fingers crossed behind their backs.

People such as that Air Force lieutenant, people who worked for the British Council, Afghan interpreters, educators, the widows and children of men who served with British troops, and the supplier of crockery to British Armed Forces, cannot sit and wait for the Taliban to find them and execute them. If they manage to get out, if they cross continents, step in a dingy and get across the channel, or even if they fly here via Pakistan on a visit visa obtained by pretending they will go back, the UK Government will not hear their case. They will put them on a flight to Rwanda. That is what inadmissibility means in practice, and the right hon. Member for Bournemouth East and his colleagues should catch themselves on.

Amendment 190 would exempt people who are refugees under the refugee convention or in need of humanitarian protection, because seeking asylum is not a crime.

Amendment 191 exempts people at risk of persecution because of their sexual orientation. I will call this Yvette’s amendment. I met her at the Rainbow Sisters drop-in last week. She is from Uganda, which has just brought in brutal anti-LGBT laws. Her statement to me last week was this: why would the UK Government send her back to neighbouring Rwanda? She would feel no safer there than in Uganda. Under the Bill, she would be offered no protection and sent back to her certain death.

Amendment 192 exempts people for whom there are reasonable grounds to suspect that they are victims of torture. I will call this Kolbassia’s amendment. Kolbassia Haoussou MBE is a survivor of torture and founder of Survivors Speak OUT. He is an incredibly brave man. He is a torture survivor from Chad who was detained on claiming asylum. He has spoken powerfully about the impact that that detention had on him and the uncertainty he faced. He has said that he would have killed himself rather than be returned to the hands of his torturers. The Bill would allow that to happen to Kolbassia.

We tabled amendment 193 to exempt citizens of Ukraine—but wait; I was not sure that the amendment would be in order, because there is a safe and legal route for people from Ukraine. We will not find them coming over in a boat in the channel; they do not need to do that because a safe and legal route exists. That should be the option for anybody in their circumstances.

Amendment 282 exempts people who have HIV/AIDS, because the Bill puts them at risk of not receiving treatment or of being returned to a country where they would face stigma, risk and potentially death.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

The hon. Lady is making some powerful points. I declare an interest as a co-chair of the all-party parliamentary group on HIV/AIDS. Along with many other nations, the UK is working to end new HIV transmissions by 2030. The UK is also one of the co-founders of the Global Fund, which aims to ensure commitment and funding. Does she agree that, in denying help to people who are diagnosed with HIV/AIDS, the Bill runs contrary to all those aims?

[Alison Thewliss]

The hon. Lady—I am a member of that all-party parliamentary group—is absolutely correct to make that point. We have a responsibility here, but the way in which the Bill is drafted takes no account of people’s health circumstances. It could put people at severe risk if they are sent back or denied treatment.

--- Later in debate ---

[John Howell (Henley) (Con)]

I rise to speak to amendment 181, which appears in my name. I ask the Minister to think about my request over the coming days. I am not asking for a commitment now, and I will not seek to divide the Committee on this question.

The purpose of amendment 181 is to get an opinion from the European Commission for Democracy through Law, otherwise known as the Venice Commission, which is part of the Council of Europe. It consists of lawyers from across wider Europe, including the UK, and its individual members include professors of public and international law and supreme and constitutional court judges. The UK members are Mr Timothy Otty and Mr Murray Hunt, who are both competent lawyers.

The Venice Commission exists, in part, to comment on whether and how legislation, in either draft or final form, is compliant with the UK’s obligations as a party to the European convention on human rights. I have previously used its offices to comment on draft legislation before the Turkish Parliament. It can be quick. I believe the Turkish legislation took about a month to examine. France and Germany have also used the Venice Commission in reference to constitutional law. Incidentally, I am already negotiating hard with German socialists to stop a hostile motion being tabled against the UK.

How much better it would be to go to this organisation, as part of an international and multilateral community, than to be dragged there? I have ensured that any reference to the Venice Commission in my amendment does not hold up the Bill, as the amendment would come into force a month after the Bill’s enactment.

I understand from the Minister that he has consulted other countries on this legislation. How much fuller and more expansive would it be to use this vehicle, with its wider remit, to get an opinion—not a guarantee but an opinion—that would mean no one had to guess the chances of the Bill meeting the requirements of the convention? I cannot see the harm in using this vehicle to do that, and I am very happy to be involved in helping to facilitate a reference to the Venice Commission.

I ask the Minister to consider this proposal further in the days ahead, and I am fully available to discuss it with him.

[Florence Eshalomi]

I rise to support the amendments in the name of my hon. Friend the Member for Aberavon (Stephen Kinnock). I am proud to speak on behalf of my Vauxhall constituents, many of whom have contacted me about this important issue. In my constituency—as in many others, to be fair—we celebrate diversity and welcome people from all over the world who are fleeing war and persecution. We stand in solidarity with them. I am sure that it is the same across the UK. Nobody in my constituency wants to see the continuation of the horrific scenes we are seeing across the channel.

Let us look at some of the statistics: 2022 saw an average of over 100 people a day—five times higher than the figure in 2020—take the perilous journey across the channel. More than 40 people attempted to cross the channel on a single day just before Christmas. The dinghy they were on contained Afghan nationals fleeing the Taliban, and a dozen unaccompanied children. Tragically, the dinghy capsized, resulting in the death of four people. The sad reality is that these people were ruthlessly exploited in their most vulnerable moments by people traffickers. It is right that we in this House come together and do everything in our power to stop the horrific loss of life.

Strip Searching of Children

Florence Eshalomi Excerpts

Tuesday 28th March 2023 Commons Chamber

[Miss Dines]

If the Northern Ireland statistics put forward by the hon. Gentleman are accurate—I am sure they are, as he has done the research—they are shocking and concerning. I am therefore very happy to say that, in the absence of the Assembly, I will speak to the Secretary of State for Northern Ireland to see what more can be done. These are draconian powers; the police need them in circumstances and in some circumstances they should not be used, but there needs to be a proper balance. I am very happy to undertake to speak to the Secretary of State about this issue.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I try not to get personal—to keep things professional—but my daughter is eight years old. To think that she could have been strip searched and I, her parent, would not have been informed! I think about all the other parents and carers whose children this has happened to, on what seems to be a regular basis.

Following the news about Child Q, I and my two other Lambeth colleagues—my hon. Friends the Members for Streatham (Bell Ribeiro-Addy) and for Dulwich and West Norwood (Helen Hayes)—wrote to our local police, because we found that our borough had the highest rate of multiple searches of intimate parts, or strip searches. This is traumatising for the young people involved.

I would like the Minister to read an important book called “Girlhood Unfiltered” by Ebinehita Iyere, which details the trauma that these young girls are going through and says that, for the young people being subjected to the experience, it is not a new one; this has been going on for many years, and the data and investigation are only highlighting the scale of the problem. Respectfully, when will the Minister and this Government outlaw this abhorrent practice on our young children, and treat them like young children?

[Miss Dines]

Children must be safeguarded, and treated fairly and lawfully, which is why it is important to have a full view of what is happening. It is important to look at the statistics in context. Unless there are exceptional circumstances, a child should not be strip searched without an appropriate adult and without a parent being informed. That is the law and those are the rules, and the police must abide by them. When they do not, they quite rightly must be held to account. Again, when it comes to the statistics, I implore the Opposition to have some perspective: most of those searched are 16 to 17 years old. When they are younger, there needs to be a high level of exceptionality, and when the police get it wrong they must be called out, which is why I take the report very seriously and will be reviewing the three recommendations to the Home Office.

Metropolitan Police: Casey Review

Florence Eshalomi Excerpts

Tuesday 21st March 2023 Commons Chamber

[Suella Braverman]

I agree with my hon. Friend that we need to make progress on improving protection and results for victims of rape and serious sexual offences, which is why we have instituted a programme of reform on the investigation and prosecution of rape. I recently announced the biggest ever package of measures on domestic abuse, in terms of the powers and the funding available for victims. This is a priority, which is why I added violence against women and girls to the strategic policing requirement, meaning it is now set out as a national threat, sending the message to chief constables and forces across the country that this can no longer be dismissed.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

We have to pause for a minute and really think about the fact that our national police service has been declared institutionally racist, sexist and homophobic. I think about all the victims in my Vauxhall constituency who continue to be let down. We have to make this a real turning point.

I have raised with the Home Secretary and the Policing Minister the fact that, over the years, the Met has let down a number of young, vulnerable girls who are being exploited by gang members. Because of the adultification of young black girls, they, and not the gang members, are viewed as the criminals. We are talking about girls as young as 12 years old being forced into sexual exploitation, servitude and abuse. Instead of dealing with their trauma, the police criminalise these young girls. Does the Home Secretary agree that this should be a matter of shame for the Met police? Will she work with me to look at how we can end this exploitation?

[Suella Braverman]

The exploitation of women and girls is unacceptable, whether by gangs or by individual perpetrators, or whether it is structural misogyny, as we have read in Baroness Casey’s report. Policing leaders need to do all they can to restore confidence among communities and among women and girls. We need to ensure that policing standards are increased, vetting is improved and training is reformed, and that there is a more diverse leadership pipeline. We need more women to come forward to take leadership roles within the police so that we see change.