Police Reform and Social Responsibility Bill

Henry Smith Excerpts

Monday 13th December 2010 Commons Chamber

[Stephen Lloyd (Eastbourne) (LD)]

I pay tribute to many who have spoken this evening, including my hon. Friend the Member for Harlow (Robert Halfon), who made a number of rational and intelligent suggestions in respect of the Australian system that I have not heard before, which I commend.

I also pay tribute to the police force in my constituency. I work closely with it, and spoke with the operational commander on Sunday morning. The force is swift, efficient and effective, as it has been for quite a few years, and it is very targeted, so it is no surprise that crime rates have gone down.

I support a charity called Families Fighting for Justice, which came to my attention in a rather unusual way. A constituent of mine sadly suffered two tragedies in her family—her children were brutally murdered—and as she went through that process, she felt that the system supported the perpetrator far more than the victim. I need tell no one in the House how appallingly bleak it must be for any parent to lose a child, but to lose two is beyond compare. Through meeting her I did a lot of research and came across the charity Families Fighting for Justice. I do not agree with everything it wants, but a number of the issues it is interested in and has been pushing concern the flippant guilty pleas that change just as a person gets to court. This Bill could begin to address issues where perpetrators have been perceived as getting away with murder—to coin a phrase—and level the playing field more. Speaking on behalf of Families Fighting for Justice, I think that the Bill is taking a step in the right direction for people such as my constituent who have been through such tragic circumstances.

I fully support the Bill. The key thing is that it will improve police accountability, allow the Home Secretary to react quickly to the constantly evolving criminal narcotics industry and tackle some of the root causes of antisocial behaviour. It covers some broad strategic issues that hon. Members on both sides of the House have tackled, but I would like to concentrate on antisocial behaviour, which might be seen as a relatively minor issue. I come from a family of police officers—an uncle, grandfather and great grandfather were policemen. So there has been a considerable number of policemen in my family. If it is any consolation, they are mostly supporters of the party of my coalition colleagues—but bless them. They are relatives, and I love them dearly.

I have always supported and had a great interest in the police force. I suppose that I might be termed as being on the robust wing of the Liberals. I am aware, as all MPs are from their constituency experience, that antisocial behaviour is appalling, particularly in disadvantaged areas where it is possible for one close or cul-de-sac to contain just one or two families who make life a misery for everyone. I have always been very strong on that. In fact, I was supportive of the broken window policy started in New York by Mayor Giuliani a few years ago through an elected police commissioner. He started dealing with crime at its root causes—for instance, broken windows and graffiti—and coming down on them very hard. As a result, the bigger crimes also began to reduce.

Antisocial behaviour in all its forms, especially at night, can be devastating for those it affects, which is why I am glad that part 2 of the Bill will amend the Licensing Act 2003 to shift the balance of power from pubs and clubs to local authorities and, more importantly, local communities. As is well known, a significant proportion of antisocial behaviour has alcohol at its root. I was stopped yesterday by a constituent in Eastbourne, which I hasten to add is a paragon of peace—it is also the sunniest town in England, so hon. Members should visit it in their holidays and spend all their money there. Over the weekend, I was walking around my constituency, talking, meeting and listening to people—as we all do—when I was stopped by a chap who works as a street pastor. He goes out late at night working with others, helping people and being there for young people, old people and middle-aged people in case of trouble. He told me that he once came across a young woman of about 16 or 17—lord knows how she got hold of the alcohol—who was comatose. Fortuitously, the ambulance arrived within 20 minutes or so, but this man, who is an experienced older man and former pastor, said, “Stephen, frankly, if the ambulance had been another 30 minutes, if there had been a hold-up, she probably would have died.”

[Henry Smith (Crawley) (Con)]

My hon. Friend makes a powerful point. Not so long ago, I went on patrol with my local police in Crawley on a Friday night and into the early hours of Saturday morning. I was astounded to discover that, I would say, nine out of 10 of the incidents that we responded to were alcohol related.

[Stephen Lloyd]

My hon. Friend is absolutely right, and I thank him for his intervention. The overall statistics show that well over 50% of violent crimes involve alcohol. It is absolutely shocking. A number of colleagues talked about the cheap price of alcohol. The right hon. Member for Leicester East (Keith Vaz) declared that he did not drink cheap drinks or what-have-you—I am sure that he does not, and neither do I for that matter—but there is one cider in particular called White Lightning. I know of shops in Eastbourne where, sadly, it is used by young and old people specifically to get absolutely blitzed, and I am sure that there are similar shops in every town in the constituency. Given the damage that White Lightning causes, and especially because of its price, it is commendable that the Bill is beginning to look at such issues seriously.

A key part of this Bill comes back to antisocial behaviour. The more that we can give the power back to the people—back to the local authority—to challenge those establishments where alcohol is freely served and abused, the more that life will be made easier for many constituents around the country. I go back to the fact that it is often the smaller, perhaps less notorious aspects of crime that can cause so much damage. Antisocial behaviour is one of those, and it is clearly linked to alcohol. The changes in licensing will make things more efficient and, crucially, will give power back to the people. Those provisions are highly sensible, and I commend the Bill to the House.

[Michael Ellis (Northampton North) (Con)]

I am delighted to follow the speakers who have recently been addressing the House. I completely support and commend the Bill. I intend to refer in the few minutes available to a couple of its clauses, but it strikes me very much that the Bill as a whole tremendously empowers people in our country, drawing power away from the state. As such, it is to be highly commended, and I congratulate the Minister on that.

The handful of Opposition speakers—and it is a small number—who have spoken on the issue of universal jurisdiction and the safeguard in the Bill have confirmed why it is so necessary to improve the law on universal jurisdiction as it stands. This issue is not just about Israel: the Chinese Trade Minister has apparently been threatened with arrest because of the current provision, as has Henry Kissinger. There have been difficulties in Europe with Donald Rumsfeld’s freedom of movement, and I believe that White House staffers have been threatened with arrest in Spain because of the principle of universal jurisdiction. I am given to understand that even the former Prime Minister Tony Blair has had a large number of petitions levied against him in the International Criminal Court, so this issue is not unique to the United Kingdom or Israel. It is an area that has needed reform for some considerable time.

The principle of amending the law on universal jurisdiction is in no way about stifling meritorious complaints. However, where jurisdiction is very wide, as it currently is in this country, it will tend to act as a magnet for complaints that are rooted in political vendettas, regardless of their merit. Universal jurisdiction has tended to mean that high-level consultations and meetings have been disrupted, and at times even cancelled. London has a long-established and important reputation as an effective venue for warring parties around the world—indeed, it has a cherished ability to act as such, serving as a diplomatic hot spot.

[Henry Smith]

My hon. Friend makes an important point. Ironically, universal jurisdiction is getting in the way of diplomatic efforts to engender peace and in the way of peace talks and discussions, particularly in this international venue that is London. The Bill’s provisions are thus absolutely correct.

[Michael Ellis]

I am grateful to my hon. Friend for that intervention. There have been literally dozens of examples in our recent history where London has been a centre for the negotiation and conclusion of important international agreements between warring factions, and we are in danger of losing that ability because universal jurisdiction has been misused, misapplied and inappropriately applied as a means of pursuing political vendettas. All that is required for the proposed changes is the consent of the Director of Public Prosecutions—it is, incidentally, already required in certain other routine prosecutions—which would enable the system to withstand attempts to exploit the law for settling political scores. I very much welcome that provision.

Other important provisions are designed to deal with the encampment on Parliament square. The Prime Minister has said that he would like to see that encampment done away with; the Bill will achieve that, although it will be some months before Royal Assent is granted. Having looked at the existing laws, I take the view that law is already available on the criminal statute book, which could be applied to remove the encampment in time for the royal wedding in April.

Members will be fascinated to know that I have in mind the Vagrancy Act 1824. As Members will obviously know, section 4(2) of the 1824 Act says:

“Every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or wagon, and not giving a good account of himself or herself… commits an offence.”

Members might be interested to know that this Act is not as obsolete as its antiquity would tend to imply. It is, in fact, a piece of legislation that is used regularly around the country. I myself have prosecuted people for this offence in relatively recent times, in my former guise as a member of the Bar.