National Security Bill

Holly Lynch Excerpts

Consideration of Lords amendments
Wednesday 3rd May 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

[Holly Lynch (Halifax) (Lab)]

We on the Labour Benches are in no doubt about the importance of the Bill. Transnational repression and interference from hostile state actors and their proxies are testing the UK’s defences as never before. As the global landscape continues to change at a staggering pace, interference from countries that do not share our values is nothing new. However, the breadth and enduring nature of the threats we are now facing is a contemporary challenge, combined with the technology and methods used by those seeking to undermine us, which are new and enhanced.

Today is World Press Freedom Day, giving us a chance to recommit ourselves to defending press freedom, but also to acknowledge that many of the threats to which our security services and counter-terrorism police are responding here in the UK relate to the protection of journalists, from the—thankfully disrupted—assassination and kidnap plots against UK residents who are perceived as enemies of Iran owing to their coverage of the protests and the regime’s brutal crackdown, to the unacceptable harassment reported by Caoilfhionn Gallagher KC and her colleagues acting on behalf of the British national Jimmy Lai, the pro-democracy newspaper owner currently detained in Hong Kong. We must challenge that overseas and refuse to tolerate it here.

We have always understood that we need the new provisions in the Bill, but the Minister will understand where I am coming from when I say that this has been far from a shining example of best practice in passing legislation. The churn in the Government since the Bill was tabled in May last year, coupled with the late and lengthy additions to it, has meant that scrutiny has been truncated on occasion, but it is all the more crucial as a result. It is unusual for a Bill to come back from the other place with—if I am not mistaken—no fewer than 117 Government amendments, but that is why I, like the Minister, am particularly grateful to our colleagues at the other end of the building, where operational expertise in particular has had a positive impact in shaping and sharpening these measures to ensure that they deliver the protections we need and the safeguards we can all trust.

--- Later in debate ---

[Sir Julian Lewis]

For the record, I think I should say that during her very short tenure the current Prime Minister’s immediate predecessor, my right hon. Friend the Member for South West Norfolk (Elizabeth Truss), did offer to come and meet the ISC. I hope that is an example that her successor will follow soon, but we are waiting for a similar commitment to be made.

[Holly Lynch]

I am grateful to the Chair of the ISC for that clarification. It was indeed a short tenure, and we will never know whether that meeting would have come to fruition, but I hope the spirit was there then and is continued. Beyond the spirit, however, let us hope that we can nail down some of this today.

It has been argued that Select Committees should instead have primacy in fulfilling the role. Pages 42 and 43 of the annual report list numerous Departments that have various security and intelligence functions that they are expected to oversee. However, these Committees, while no doubt providing robust scrutiny, simply do not have the same powers and security clearance as the ISC members and so cannot fulfil that duty to the same level. The Minister might well say that this amendment is not required, but the problem remains, as we have already discussed, and there is a need to address the issues raised by the ISC’s most recent report, so I look forward to the Minister reflecting once again on his position on that in his closing remarks.

Lords amendment 22, tabled by Lord Carlile, to whom we have already paid tribute today, enjoyed broad support in the other place. The amendment would require UK political parties to publish a policy statement to identify donations from foreign powers, either directly or indirectly. Moreover, the amendment would bind political parties to making an annual statement of risk management to the Electoral Commission and create a duty for the Secretary of State to publish guidelines on these provisions. In the most recent annual threat update, the director general of MI5, Ken McCallum, said:

“We see the Chinese authorities playing the long game in cultivating contacts to manipulate opinion in China’s favour—seeking to co-opt and influence not just prominent Parliamentarians from across the political landscape, but people much earlier in their careers in public life, gradually building a debt of obligation.”

We know that offering donations to individuals and political parties is unfortunately a tried and tested approach used by hostile state actors. That is not in doubt. The Minister might tell me that Lords amendment 22 is unnecessary and that it is covered by other provisions, but can he tell me that those other provisions are effective and that dirty money, with a price attached, is not finding its way into our system and our democracy? The need for such provisions is both pertinent and serious. In 2020, a report by the Intelligence and Security Committee found that members of the Russian elite linked to Putin had donated to UK political parties.

This amendment would also guard against undue Chinese influence. The Minister was in Belfast when we had an urgent question in the House in April on Chinese police stations in the UK—the second urgent question on that issue. The shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), stated that it had been reported in The Times that

“a Chinese businessman linked to an alleged Chinese secret police station in London has attended Chinese Communist party political conferences, is linked to the united front work department and has organised Tory party fundraising dinners and attended events with Conservative Prime Ministers.”—[Official Report, 19 April 2023; Vol. 731, c. 248.]

Just last month, the Good Law Project published damning revelations that since the start of Russia’s invasion of Ukraine in 2022 the Conservatives had accepted at least £243,000 from Russian-associated donors, some of whom were linked to sanctioned businesses and organisations.

The Electoral Commission has produced a helpful briefing on Lords amendment 22. It states:

“Enhanced due diligence and risk assessment processes would help campaigners identify foreign money, identify potential proceeds of crime, and establish a culture of ‘know your donor’ within parties—similar to the ‘know your customer’ approach, encouraged through Anti-Money Laundering regulations for the financial sector.”

It goes on to stress:

“These requirements could be introduced in a way that recognises the need for proportionality”—

this speaks to the Minister’s concerns—

“with different requirements depending on the size of a regulated entity’s financial infrastructure, or the size of a donation, to prevent the checks becoming a disproportionate burden on smaller parties and campaigners.”

Spotlight on Corruption argues:

“The rules that are supposed to prohibit foreign donations—in the Political Parties, Elections and Referendums Act 2000—are riddled with loopholes which enable foreign money to be channelled to political parties and MPs through lawful donors.”

The Committee on Standards of Public Life, in its 2021 “Regulating Election Finance” report, recommended that laws should be updated and that

“parties and non-party campaigners should have appropriate procedures in place to determine the true source of donations. Parties and campaigners should develop a risk-based policy for managing donations, proportionate to the levels of risk to which they are exposed”.

There is an evidence base for such action. We know that the risk is there, and this is a rational and proportionate response to that risk. If the Minister and the Government reject these proposals, the electorate will draw their own conclusions as to why.

I have set out the case for the Lords amendments before us today. Before closing, I want to join the Minister in paying tribute to the incredible work that our security services and police forces do every day. We very much recognise that the additional tools in the Bill will assist them in that important work. We have not agreed with every detail of the Bill, but I am pleased that we have made a great deal of progress in the areas where we have had differences. We are in no doubt that many of the new powers within it are necessary and needed urgently. I hope that the Minister will be persuaded by the arguments he has yet to hear in the Chamber today, and that he will reflect again on the merits of Lords amendments 22 and 122.

Draft Code of Practice on the Recording and Retention of Personal Data in relation to Non-Crime Hate Incidents

Holly Lynch Excerpts

Monday 24th April 2023 General Committees

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Robert, and I thank the Minister for her opening contribution. I think that she, like me, has been impacted by the scheduling of the Public Order Bill, which has meant last-minute changes to the Front-Bench line-up on this important Delegated Legislation Committee.

As the Minister outlined, the new code of practice aims to establish a proportionate and common-sense approach to the recording of non-crime hate incidents. Following the ruling by the Court of Appeal in the Miller case, and the new guidance produced by the College of Policing, we agree that there is a need to strike the right balance between protecting freedom of expression and responding to incidents of hate. There is an obvious difference between hate crimes that target people on the basis of their characteristics and unpleasant behaviour that does not cross the criminal threshold. The College of Policing has already published guidance on how police forces should deal with the latter, and that guidance is incorporated in the code of practice.

We will not oppose the code, and we urge the Government to work closely with the college to deliver on it. However, there is a real need to lower the temperature around conversations on this issue, as inflammatory rhetoric helps nobody. We are concerned about some of the language used in the Government’s framing of this issue. The Home Secretary has described non-crime hate incidents as “Orwellian and wrongheaded”, and talked of “politically correct distractions”. The idea that the police are focused on anything other than preventing crime, catching criminals and keeping people safe is grossly unfair to the officers whom we all work with, day in, day out.

The Policing Minister has said that the

“focus must remain on catching dangerous criminals”,

while the Home Secretary noted that

“The new code will ensure the police are prioritising their efforts…focusing on tackling serious crimes”.

If the Government’s motivation is truly to free up police time, so that the police can focus on tackling crime, may I suggest that we thoroughly consider the primary role that policing is having to play in providing mental health support, locating missing people, or providing social care? I could go on.

I am interested to see the differing cost analyses produced by the Home Office, which expects the cost of implementation to be around £9,000, but it concedes that it could be up to £400,000. That higher estimate is based on the assumption that there is a slightly longer code of conduct being read by more officers at chief inspector level. I suggest to the Minister that the general public may prefer a greater proportion of senior officers to have read and acquainted themselves with the new code of practice. That seems a reasonable request, given the sensitivities around the topic. I suspect that the costs are likely to be on the higher side, given how important it is that we get this right.

I have looked at the examples from page 14 onwards. A great deal of emphasis is placed on taking a common-sense approach, as the Minister said, but the phrase lacks clarity. What is common sense to me might not be common sense to the Minister, and what is common sense to her might not be to individual officers. If there is a degree of mitigation in someone’s rationale for their conduct, that may result in an incident not being recorded. What happens if someone becomes a repeat offender on that basis? How do we monitor that, and ensure that no one abuses that ambiguity? We agree that striking a balance between protecting freedom of speech and responding to hate incidents is right and proper, and the documentation certainly sets out a much clearer rationale than the Home Secretary did, but the code of practice will come unstuck if clarity is not provided to the officers who have to work with it at operational level.

We will continue to support frontline officers and the College of Policing on getting this right, but I ask the Government to be thoughtful and respectful in further discussions on this important matter.

Human Trafficking and Modern Slavery

Holly Lynch Excerpts

Wednesday 29th March 2023 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

It is always a pleasure to follow the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). I will start, as others have, by paying tribute to and thanking the hon. Member for Wellingborough (Mr Bone) for securing the debate. In addition, I thank him for all the campaigning work that he has done in this policy area. He shared powerful examples of where the failures in the system have further compounded the risk, particularly for children, of being re-trafficked. I also join him from the outset in paying tribute to the incredible work of Justice and Care, which has had a transformative effect. I have had the opportunity to see their victim navigators in West Yorkshire and the tremendous impact that they have had in supporting victims and securing prosecutions.

 We know that the number of victims of these heinous crimes is increasing. My hon. Friend the Member for Rotherham (Sarah Champion), like almost every Member who has contributed to the debate, made the point that we were once so proud of our modern slavery laws, but, as we have just heard, we seem to be taking backward steps in identifying victims and supporting them through to the prosecution of their abusers. Nearly 17,000 potential victims were referred to the NRM in 2022—a 33% increase on the previous year—but charities have predicted, using police data, that there could be at least 100,000 victims in the UK.

I want to share the story of Sanu, who was tricked into living and working in slave-like conditions in the UK. For seven years, he was beaten, threatened and given no wages for the constant work he did in his trafficker’s shop. He had had to beg for money and food. Now he is living in a Salvation Army safe house where the support he is receiving is helping him to overcome his ordeal.

Sanu told the Salvation Army:

“I came to the UK to study. That was my goal…I worked at least 50 to 60 hours a week and sometimes 90 to 100. I would start at 8 o’clock and have to carry on until he said I could leave. I wasn’t allowed to go anywhere; no mobile phone. I couldn’t go to the GP. He said if you talk to anyone then the police will come and get you…My trafficker knew I had nowhere to stay and no other friends. He knew how to control me. He controlled me like in a video game with a remote controller…Every minute every second he took from me. Even now I can still be scared. What happened to me is all wrong. I still have trauma and nightmares…I try to sleep but I still see his face, it is like he’s still chasing me.”

I do not need to tell the Members who are here in Westminster Hall that when we talk about victims, we are not solely talking about foreign nationals. The reporting of British victims to the NRM is rising, and 2022 saw the highest number of British possible victims identified since the NRM began. Most of those, as we have heard, were children. In 2022, one NRM referral in five was for a British child, and many more British children are thought to be vulnerable. Research suggests that there is a failure to refer many British victims to the NRM because they are not identified as victims of modern slavery or because of missed opportunities to safeguard them.

In the face of such a crisis, we need a system that finds victims, protects them, supports them and helps them to rebuild their lives, but as things stand that is not happening. Many victims never access the NRM support system, and if they do, there are huge delays in decision making. That means that many are stuck in the system, receiving wildly varying quality of care and unable to move through. Once people are confirmed as victims, there are few meaningful support mechanisms to help them rebuild their lives, and the impact of that on their mental health must not be understated.

How do we ensure that those vulnerable victims are reached and receive help once they have been identified? We desperately need to improve the first responder role. Effective, informed training and safeguarding procedures are needed to ensure that victims do not slip through the net. Training and policies need to include increasing understanding of the specific needs, circumstances and entitlements of British national victims, improving the transition from child to adult services, and the development of professional modern slavery risk assessment tools for British nationals.

Let me look at how we can improve the decision-making process. Decision makers must have modern slavery understanding, expertise and experience. Evidence from pilot schemes that have devolved the decision making away from the Home Office shows that the pilots look to have generated impressive results. The processing is speeded up, and any conflict of interest for the Home Office is removed. A multi-agency approach, and the broad knowledge and wisdom that come with it, could improve decision making for victims—certainly those with complex needs.

The key to truly ending these terrible crimes is to lock up the traffickers—a point about which the former Home Secretary, the right hon. Member for Witham (Priti Patel), spoke powerfully. We know that the number of victims is increasing, but prosecution rates are shamefully low. Ministry of Justice statistics show that in 2021 there were only 93 prosecutions and 33 convictions in cases in which modern slavery was the principal offence.

Proper support enables modern slavery victims to engage in securing the prosecution of traffickers. Support for victims, including victim navigators, whose incredible work I have had the opportunity to see, is central to successful convictions.

I want to talk about a case study that was shared in The Guardian this week by investigative reporter Annie Kelly. Julia is a Ukrainian survivor of human trafficking and sexual exploitation. She was tricked into coming to the UK under the false promise of legitimate hotel work. For five years, she was controlled by criminal gangs who had seized her passport and forced her to engage in prostitution. She had no control over who she saw or what she was expected to do. Desperate to support her child back in Ukraine and unable to speak English, Julia says she felt trapped by her immigration status and her debt. When she was rescued by the police, she began to build a relationship with a victim navigator, who supported her. Julia, with the victim navigator’s support, worked with the police, and her bravery has resulted in the establishment of an international taskforce, the identification of 120 other female victims and the conviction of five exploiters. Julia is now recovering and rebuilding her life.

Julia’s story and research from charities on the frontline make it clear that consistent support means that victims engage with police investigations. That support needs to come first, to create stability and confidence, and the evidence backs this up. The final evaluation of Justice and Care’s victim navigator pilot scheme found that between September 2018 and June 2022, 92% of survivors who were supported engaged with police, compared with just 44% of survivors without a victim navigator. Twenty exploiters were convicted, 38 prosecutions of accused exploiters were supported and the total sentences for convicted offenders amounted to 178 years and eight months. Between 2018 and 2020, all 62 adult survivors receiving long-term support through one of the Home Office local authority pathways pilot schemes supported a police investigation.

The public are very much ahead of the Government on this; they recognise the connection between supporting victims and bringing offenders to justice. Recent polling for the CSJ and Justice and Care revealed that 82% of the people asked agreed that more Government support for victims of modern slavery is needed to bring more criminal gangs to justice. All of this goes to show that if Government were serious about convicting traffickers, they would be serious about support for victims, but as others have said over the past two days, the Government’s legislation will make it much worse.

The Illegal Migration Bill will have a devastating impact on victims of modern slavery. This is a quote from a letter by the CEOs of organisations that support people through the modern slavery victim care contract:

“Were this bill to come into effect, we fear that many of these survivors would be denied the opportunities to rebuild their lives and reclaim their autonomy.

This bill will do nothing to break cycles of exploitation or help people break free of modern slavery. Instead, it will feed the criminal networks who profit from the lives of vulnerable people. It is essential that genuine victims of modern slavery are afforded the right to seek support.

Furthermore, by closing the route to safety and support, the Illegal Migration Bill risks strengthening the hands of trafficking networks. Traffickers keep people under their control with threats that they will not receive help if they reach out to the authorities. This bill will substantiate this claim and further dissuade survivors from coming forward…Failure to support survivors will result in an undermining of criminal investigations and prosecutions.”

Modern slavery referrals are only a small proportion of overall illegal migration and asylum claims. As the Centre for Social Justice states, only 7% of small boat arrivals since 2018 have been referred to the modern slavery national referral mechanism.

I join the hon. Member for Wellingborough in stressing how disappointed we are that Dame Sara Thornton, who was incredibly effective as the Independent Anti-Slavery Commissioner, left the post in April last year and it has been vacant for nearly a year. That is unacceptable, and I urge the Minister to update the House on why it has not been a priority for this Government and how they intend to correct that.

We agree with the hon. Member for Thurrock (Jackie Doyle-Price) that cuckooing is an abhorrent crime. We welcome the Government’s commitment this week to engage with stakeholders on a new offence, but I urge them to move forward as a matter of urgency to protect people who might be subject to such a degree of abuse.

It is right that we try to stop the dangerous crossings—the human cost is so great—but brutal and cruel targeting of vulnerable victims is not the right path, and I hope the Minister has understood that.

[Mr Clive Betts (in the Chair)]

Could the Minister finish by 10.58 am to allow Peter Bone to do a short wind-up at the end?

Firearms Bill

Holly Lynch Excerpts

Committee stage
Wednesday 15th March 2023 Public Bill Committees

[The Chair]

Welcome, colleagues, to this important Committee. My selection and grouping list for today’s sitting is available online and in the room. We will have just one debate, on the selected amendments and on clauses 1, 2 and 3 stand part of the Bill. I will first call Holly Lynch to move amendment 1. At the completion of the debate, I will ask her whether she wishes to withdraw her amendments or press them to a Division. As Shaun Bailey, who introduced the Bill, is now a Home Office Parliamentary Private Secretary—congratulations, Shaun, I think—I will call Simon Baynes to speak to the Bill, and other Members will then be able to catch my eye and be called to speak. It is a narrow, two-purpose Bill, and the amendments are very narrow. I have a reputation for being very fierce on Second Reading speeches in Committee, when we should be focusing on amendments.

Clause 1

Miniature rifle ranges and shooting galleries

[Holly Lynch (Halifax) (Lab)]

I beg to move amendment 1, in clause 1, page 1, line 19, at end insert —

“(4B) Before a firearm certificate may be issued or renewed for an operator of a range or gallery under this section, the chief officer of police must be satisfied that there is nothing in the social media profile of the applicant for an operator’s licence to indicate that the applicant is not fit to be entrusted with a miniature rifle or ammunition for a miniature rifle.”

The intention of this amendment is to ensure that social media profiles are taken into account in the granting of the firearms licences which will be required under this Bill.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 2, in clause 1, page 1, line 19, at end insert—

“(4C) Before a firearm certificate may be issued or renewed for an operator of a range or gallery under this section, the chief officer of police must meet privately with members of the applicant’s family or household before deciding whether the applicant is fit to be entrusted with a firearm under section 27 of this Act.”

Amendment 3, in clause 1, page 1, line 23, at end insert—

“In section 32ZA (Fees in connection with authority under section 5), after subsection (3) insert—

‘(3A) Any regulations relating to fees for licences issued under section 11 of this Act relating to miniature rifle ranges must require payment equal to the expected cost of issuing such licences.’”

Clause stand part.

Clauses 2 and 3 stand part.

--- Later in debate ---

[Holly Lynch]

It is a pleasure to serve under your chairmanship, Sir Gary, in these important proceedings. I congratulate the hon. Member for West Bromwich West on the progression of his private Member’s Bill and the hon. Member for Clwyd South, who is the custodian of the legislation this afternoon. I will speak to amendments 1 to 3, which are in my name, and clauses 1 to 3.

We very much welcome the fact that the Bill will clamp down on loopholes related to miniature rifles. Clause 1 is fundamental to that; it makes limited changes to the Firearms Act 1968 by introducing a requirement for the operators of miniature rifle ranges to obtain a firearm certificate and by restricting such ranges to .22 rimfire weapons only. Clause 2 will introduce a new offence of possessing component parts of ammunition with intent to manufacture, and provides clear definitions and sentences. We recognise that the Bill follows the publication of the firearms safety consultation, which sought views on improving the controls on miniature rifle ranges. Some 73% of those who responded to the consultation agreed or strongly agreed that the operator of a miniature rifle range should be required to have a firearm certificate.

We support the legislation, but there is concern that it is very limited in scope and misses an opportunity to deliver a significant and long-sought-after tightening up of the firearms licensing regime more broadly. I have spoken to police officers involved in firearms licensing, who tell me that there are examples of miniature rifles being adapted into more dangerous weapons and used to facilitate criminality. It was felt that the requirement for someone who is operating a miniature rifle range to apply for a firearms licence should be accompanied by further conditions, in recognition of the fact that they are running such an establishment, rather than simply possessing a firearm. It was also felt that the running of the range itself should be subject to routine checks on compliance, but that is missing from clauses 1 and 2.

Generally speaking, we rightly have robust firearms laws in the UK, which have broad and enduring support. Firearms incidents are rare, but all Members will be deeply troubled by recent examples of the fatal use of firearms by licensed firearms holders. We have tabled amendments 1 to 3, while recognising the scope of the legislation, in the hope that they could be rolled out to firearms licensing more broadly. They seek to introduce sensible and proportionate changes to the licensing regime, taking into consideration the learning from recent atrocities.

Amendment 1 would ensure that a person’s social media presence was taken into account when an application for a firearms licence under clause 1 was being considered. Members will be aware of the report summarising the Independent Office for Police Conduct investigation into the prior contact between Devon and Cornwall police and Jake Davison, who committed the Plymouth mass shooting, which my hon. Friend the Member for Plymouth, Sutton and Devonport will go into in more detail. The report stated that Davison

“posted prolifically on Reddit… about incels and incel ideology”.

Although he did not express an overt wish to harm anyone, he was involved in the heavily misogynistic and violent incel online community, and

“He also discussed his poor mental health, disillusionment with life and relationships, and dislike of his mother on Reddit and YouTube.”

The report did not identify any individual instance of misconduct or poor performance from Devon and Cornwall police in relation to the vetting of Davison’s social media during the licensing process, as at that time the statutory guidance on firearms licensing included limited advice on conducting social media checks.

In its six recommendations, the Independence Office for Police Conduct stated that statutory guidance on firearms licensing should be amended

“to require that open-source research is conducted for all applications, with more intrusive checks for high risk applicants.”

Amendment 1 reflects that recommendation. Again, it is within the scope of the Bill; I hope that the Government will recognise that and adopt he amendment.

Amendment 2 states:

“Before a firearm certificate may be issued or renewed for an operator of a range or gallery under this section, the…police must meet privately with members of the applicant’s family or household before deciding whether the applicant is fit to be entrusted with”

a firearms licence. In its December 2022 report, “Firearms licensing regulations in Scotland”, following the Skye shootings, the Scottish Affairs Committee recommended that

“the UK Government change the statutory guidance on firearms licensing to more strongly recommend that police forces involve present and former conjugal partners in the application and renewal process. Echoing the system used in Canada”.

In the most recent instances of unlawful and fatal use of licensed firearms, family members of the perpetrators faced the greatest risks. Amendment 2 would place a duty on police forces to discuss the applicant’s suitability for a licence with their family members in private meetings. That would significantly enhance the referee system. The Scottish Affairs Committee report stated that it had significant concerns about the process,

“which must be addressed before it is fit for purpose.”

It noted

“concerns about applicants canvassing for referees, and lack of mandatory consultation with people close to firearms licence applicants.”

Amendment 3 is almost consequential to amendments 1 and 2, but provides for a long overdue rebalancing. It is the first ask of any police force when we raise firearms licensing with it. The Minister for Crime, Policing and Fire said on Second Reading that the Government

“have committed to consulting this year—probably in the summer or early autumn—about increasing…fees to make sure that the full costs are recovered by police forces.”—[Official Report, 3 March 2023; Vol. 728, c. 1076.]

I very much welcome that. I hope hon. Members will agree that the proposals are entirely appropriate, and that the proposals for additional checks are grounded in clear recommendations born out of painful lessons learned.

The financial implications of licensing are addressed in amendment 3. On Second Reading, the Minister revealed that as of 2 March, four constabularies in England and Wales had unacceptably high backlogs for firearms licences, including temporary licences. I suspect that resourcing is part of the challenge for forces, but do any of us constituency MPs want officers to come off the frontline, and step away from neighbourhood policing, in order to bring down the backlog in firearms licensing?

Under the amendment, only the costs of the process would be recouped, but even that would be a significant rebalancing for police forces. I hope the Government will accept the amendment. They could run a pilot scheme covering miniature rifles, with a view to considering its merit, and then extend it to all firearms. I hope the Government and the Minister are listening. We certainly welcome this Bill; we just wish there was a little more in it.

[Simon Baynes (Clwyd South) (Con)]

It is a pleasure to serve under your chairmanship, Sir Gary, and to take the Bill forward on behalf of my hon. Friend the Member for West Bromwich West. As the hon. Member for Halifax said, I am the custodian of the Bill, which is a big responsibility, and I greatly appreciate the role. I also took the Bill through its Second Reading in the Chamber on 3 March.

It is widely acknowledged that the UK has some of the toughest gun controls in the world, but it is important that the Government keep those controls under review and take action to strengthen them further when evidence suggests that that is necessary. I thank the hon. Member for Halifax for her comments. Before I speak about the clauses, I will address her proposed amendments. I value her comments, and she made some valid points, specifically about social media profiles, the chief officer meeting applicants’ families and households, and ensuring that payment equals the cost of issuing licences. I trust that the Minister has heard and taken on board those points, but given the narrow, very specific scope ofthe Bill, I question whether this is the correct place for the discussions brought about by the amendments. Amendments 1 and 2 pose wider, valid questions to explore. Amendment 3 could perhaps be covered by secondary legislation. As the hon. Lady said, these points need broader discussion, but that is not possible within the scope of the Bill and given what we hope to achieve today. However, I appreciate her bringing the amendments forward.

The clauses will further strengthen firearms controls by addressing two vulnerabilities that could be exploited by criminals, terrorists, and those with malicious intent. Clause 1 removes the exemption in firearms controls that allows a person to operate a miniature rifle range without first obtaining a firearm certificate from the local police. The Bill will place a requirement on them to obtain a firearm certificate, and they will therefore be subject to the important police checks that are done before a certificate is issued. Those checks cover the suitability of a person’s having access to firearms for a legitimate purpose—in this case, to operate a miniature rifle range—and ensure that the firearms and associated ammunition will be handled and stored safely. The firearms used in miniature rifle ranges, which are rifles chambered for .22 rimfire cartridges, must in all other circumstances be held on a certificate issued by the police. Clause 1 will helpfully clarify in law that these are the firearms used at the rifle ranges, and will bring their control in line with controls on those firearms in all other circumstances.

Clause 2 gives the police the power that they need to prevent criminals from manufacturing unlawful ammunition. The key components of ammunition are the propellant, which helps to propel a projectile from a firearm by burning rapidly, and the primer, which is an explosive chemical compound that ignites the propellant. Both are already controlled, and there are offences relating to the unlawful possession of complete ammunition. However, the police have expressed concern that these controls are not sufficient to prevent criminals from acquiring the components and going on to unlawfully manufacture ammunition. The clause will close that gap by making it an offence to possess the components of ammunition with the intent to manufacture unlawful ammunition.

I am advised that there will be law-abiding shooters who may have components of ammunition that they use lawfully, for such purposes as reloading ammunition, which they are legally able to possess by virtue of their firearms certificate. The offence in clause 2 has therefore been drafted in a way that will not criminalise such lawful activities. It requires first that the person committing the new offence has any of the components in their possession; secondly, that the person has the intent of manufacturing ammunition; and thirdly and critically, that the person would have no lawful basis for having the ammunition once it was assembled and complete. In that way, the clause ensures that those who are able to hold ammunition by virtue of a firearm certificate issued under section 1 of the Firearms Act 1968, or who are registered firearms dealers under the Act and permitted to possess or manufacture such ammunition, will not be caught by the new offence when going about their lawful activities.

This is a small but important Bill. Events such as those in Plymouth in August 2021, or more recently at Epsom College, are clear reminders that we cannot afford to be complacent about the risks that firearms can present. The Bill will seek to address two identified vulnerabilities in this country’s robust firearms controls, and it is right to take action to address those vulnerabilities. I have pleasure in presenting the Bill to the Committee.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

Sir Gary, it is a pleasure to appear in front of you. I thank my hon. Friend the Member for West Bromwich West for promoting this modest-in-size, but very important Bill. I thank my hon. Friend the Member for Clwyd South for being its custodian. I thank Opposition Members for the consensual way in which they have worked, and for the eloquence shown today. I thank all those who have contributed. The hon. Member for Plymouth, Sutton and Devonport has a lot to contribute in this area, my hon. Friend the Member for Huntingdon has a lot of expertise, and I thank the hon. Member for Leicester East for her interest in this subject.

At the outset, I should declare that I may be one of the few members of this Committee who had a hobby as a keen handgun shooter. It might be a matter of interest to the Committee that I left it until the very last day to hand my Browning in—it was a wonderful present that I treasured and looked after—and that was the same day as my second son was born. That was an interesting day for me. [Hon. Members: “Hear, hear!”] That was the second of my four sons, who are now all grown up.

I will speak briefly about the amendments and clauses. Amendment 1 would have the effect of mandating in law that the police must check the social media profile of any person applying for a firearm certificate for the purposes of operating a miniature rifle range before issuing such a certificate, and to be satisfied that the checks do not reveal anything that suggests that the person should not have access to a miniature rifle or ammunition for such a rifle.

Clause 1, to which the amendment relates, removes the existing exemption in firearms controls that allows a person to operate a miniature rifle range without first obtaining a firearm certificate from the local police. That means that, in future, any person who wishes to operate such a rifle range will first need to apply to the police to obtain a firearm certificate, issued under the Firearms Act 1968. The applicant will therefore be subject to all the checks relating to suitability that the police conduct on all applicants who seek to obtain a firearm licence. Those checks are set out in the statutory guidance to the police on firearms licensing that came into effect in November 2021 and which was refreshed and strengthened on 14 February this year—there is no relevance to Valentine’s day.

The statutory guidance requires the police to consider conducting an open source check of social media presence and the activity of the person who applies for the firearm certificate to establish whether he or she has openly or repeatedly expressed or sympathises with views that may suggest that their access to firearms would be inappropriate. The checks that are sought by the amendment would be considered when a person applies for a licence to operate a miniature rifle range, or indeed for any other purpose, and not just for those seeking to operate a miniature rifle range, which would be the effect of the amendment.

The police have a legal obligation to have regard to the statutory guidance, which will be reviewed, in exercising their firearms licensing functions. The Government have said that we will keep the guidance under review and will not hesitate to refresh it and to strengthen it further whenever the evidence suggests that that is required.

The Government will consider such further changes to the guidance now, and possibly further changes in the law, following the outcomes of the recent inquests into those who were tragically shot dead by Jake Davison in Plymouth on 12 August 2021, and the expansive recommendations made by the coroner. Those recommendations sit alongside the outcomes and recommendations made by the Independent Office for Police Conduct following the investigation into the issue of a firearm licence to Jake Davison, and also recommendations made by the Scottish Affairs Committee, following its review of firearms licensing. It is clear that the Government will further strengthen the checks and controls on firearms licensing in the coming weeks and months.

Specifically in relation to social media checks, the Government have noted in the statutory guidance that the National Police Chiefs’ Council will develop a new national model, which I am sure will be helpful. When ready, it will assist all police forces in conducting social media checks in cases, to help them meet the requirements of the statutory guidance. It will be very useful to have a national scheme so that we do not have pockets or silos of good or bad practice, which is very important. Against that background, I would be grateful if the amendment were withdrawn.

I move briefly to amendment 2, which would have the effect of mandating that the police must meet privately with members of the family or household of a person seeking a firearm certificate in order to operate a miniature rifle range before they make a decision on whether to grant such a certificate. The underlying purpose of the amendment is clear and sensible. Those who know the applicant best and those who have a unique insight into the applicant’s temperament or behaviour may be particularly well placed to provide information about suitability. It may of course be difficult in some circumstances for an applicant’s partner or close family member to provide information that directly results in the application being refused. That person could be subjected to reprisals if the applicant considers that that person is to blame for the refusal. The statutory guidance for the police on their firearms licensing functions, which was refreshed by the Government on 14 February, covers that point explicitly in relation to partners where domestic abuse may be an issue.

I recognise that the scope of the amendment is not restricted to domestic abuse, but has rather more general applicability. In that context, it is worth noting that the statutory guidance to which I have referred invites the police to consider whether to interview individuals other than the applicant or their referees. It mentions the applicant’s partner specifically, where the police consider that contact to be necessary to assess suitability. Again, we are looking to good practice throughout, which is very important. The guidance does not mandate that contact in all cases, which may be the purpose of the amendment, but it draws attention to the fact that the amendment as it stands would have the effect of mandating an interview with members of the applicant’s family or household only in the cases of those wishing to operate miniature rifle ranges rather than in the generality of firearms applications. I know that perhaps that is not the amendment’s intention, but that is what it would do.

The Government feel that that the distinction is unhelpful, however they are keeping the statutory guidance as a whole under review and will consider further changes which may or may not include the terms of the amendment following the outcomes of the recent inquests. I am certain that the Government will consider whether it would be appropriate to amend the guidance to address the specific points addressed by the amendment.

A further review of referees will be undertaken and its results will be incorporated in the statutory guidance, resulting in stronger and more robust checks. I know that the hon. Member for Plymouth, Sutton and Devonport will be happy that that is the way forward.

As my hon. Friend the Member for Clwyd South said, the Government take the subject very seriously. The UK Government have some of the toughest gun controls in the world, but, as the hon. Member for Leicester East said, it is important that we keep all controls under review and take action when necessary to strengthen the laws further where the evidence suggests that that must be the way forward.

I have been impressed by the nature of the debate and the sincerity with which all speakers have contributed. I am pleased that we have had the opportunity to debate the Bill and ask that it be allowed to proceed.

[Holly Lynch]

I thank the Minister for her thoughtful contribution to the consideration of the Bill. She has put to me that scope is the reason why our amendments will not have the desired impact. She is entirely right, and I put to her that scope is exactly why the amendments will not have the desired impact. That does not mean that there is no merit in the amendments, and it is clear from today’s contributions that there is broad consensus that the amendments have been born out of the important lessons learned, having had a good look at recent tragedies.

I hope that there is progress on this matter, and a commitment particularly on amendment 3 to consult on the cost of firearms licensing. I hope that the Minister takes back to her Home Office colleagues the sense of consensus and the urgency with which we would like to see that work progressed.

I thank again my hon. Friend the Member for Plymouth, Sutton and Devonport, who spoke so powerfully with the weight of the experiences of his constituents; his was a powerful contribution to the debate. With that, I beg to ask leave to withdraw the amendment, but I hope that the Minister holds true to her word that there is a commitment to continue to move in the right direction on the matter.

Amendment, by leave, withdrawn.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Bill to be reported, without amendment.

Missing Person Case: Cathryn Holdsworth

Holly Lynch Excerpts

Tuesday 21st February 2023 Westminster Hall

[Martin Vickers (in the Chair)]

I will call Holly Lynch to move the motion and then call the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention in 30-minute debates.

[Holly Lynch (Halifax) (Lab)]

I beg to move,

That this House has considered the missing person case of Cathryn Holdsworth.

It is a pleasure to serve under you in the Chair, Mr Vickers. Cathryn was a 72-year-old woman who went missing in September 2017 from the Illingworth area of Halifax. As the investigation into her disappearance is now into its sixth year, I have secured this debate in order to once again raise the profile of her case in the hope that someone somewhere knows something and comes forward to share information. It is difficult to talk today about the case of a missing woman without sending our heartfelt condolences to the family of Nicola Bulley. I cannot begin to imagine what they are going through. I am sure all Members will want to join me in letting her loved ones know that they are very much in our thoughts.

Cathryn Holdsworth lived alone and almost always left the house with the assistance of a walking frame. She had numerous ailments that required her to take regular medication. She is 5 feet 2 inches, of medium build, with what has been described as very short, speckled grey hair. The last confirmed sighting of Cathryn was captured on closed circuit television on Saturday 9 September 2017 as she entered the Tesco store in Halifax town centre. Police know that she used a bus pass to head towards home. CCTV from the bus was unavailable, so could not confirm exactly where Cathryn got off the bus. However, it is assumed that she reached home because her coat, ear muffs and walking frame that she was using in the CCTV footage were found inside her property.

In the following days Cathryn’s neighbours were asked to take delivery of a parcel for Cathryn when a delivery driver could not get an answer at her address. The neighbours grew increasingly concerned when they could not reach Cathryn over a number of days. They officially reported her missing to the police on 19 September 2017. That leaves a window of 10 days in which Cathryn could have gone missing. I spoke to Cathryn’s neighbours ahead of this debate today and they gave me a strong sense of a woman who was vulnerable. She had had falls in the house previously and often wore an alarm around her neck to alert help if she needed it. They felt it was highly unlikely that she would have left the house without the aid of her walking frame, which was still inside the house.

Police have undertaken extensive work to search her home address and the surrounding area for any signs of Cathryn, but it has not provided any answers. There have been public appeals for information, including social media campaigns, as well as bank, phone and CCTV inquiries, which have generated some lines of inquiry but ultimately no conclusions. Cathryn is understood to have had links to Blackpool and Cornwall, and appeals for information have been shared in those areas. She also has links to Brighouse in the neighbouring constituency to Halifax, where she lived for a number of years and owns a property.

In May 2020 the appeal to find Cathryn was relaunched. Detective Inspector Clare Turner said:

“Whilst considerable time has passed since Cathryn’s disappearance, we are still continuing our efforts to find her. We know Cathryn had previous links to Blackpool in Lancashire and Cornwall. However…I would ask for this appeal to be shared far and wide in order to reach as many people as possible. Our number one priority is Cathryn’s welfare; we believe her to be vulnerable and we are continuing to appeal”

for anyone with information to get in contact.

I want to thank those who have worked on the investigation, with special thanks to Detective Chief Inspector Samantha Lindsay, Detective Inspector Jarrod McSharry and Inspector Jim Graham for their assistance in preparing for this speech. I also thank two of Cathryn’s neighbours, Muriel and Mariana, who spoke to me ahead of today to help me build up a better understanding of Cathryn and the timeline leading up to her disappearance.

The Minister will appreciate that, unlike on other occasions, I am not looking to him for answers in this debate. However, I hope that in advance of today’s debate his officials have had the opportunity to speak to West Yorkshire police about the investigation and that he will join me in urging the public to share information about Cathryn and to think back to 2017, and for anyone who might know anything about her disappearance or who is able to offer information that might assist the investigation to come forward so that we might finally be able to find Cathryn.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for securing a debate on this case. I am aware of it, having done some research before I came down. I commend her determination on behalf this lady. Does she agree that the case of this vulnerable missing lady is not only heartbreaking, but reveals a clear failure in procedures and systems across the board that need to be challenged and, ultimately, changed? Will the hon. Lady urge the Minister to use this opportunity and example to prevent further cases such as this? This case is horrendous and terrible, but it should lead to a change that makes it easier for others in future.

[Holly Lynch]

I am grateful to the hon. Member for that intervention. He is always so diligent in his participation in these debates. He makes an incredibly important point. I have had the opportunity to speak to police officers and those investigating this case, and have put pressing questions to them. I am satisfied that all lines of inquiry have been and are being investigated.

When researching for this debate, I was struck by how many missing people are still out there. There are still so many investigations without conclusions as to the whereabouts of lots of vulnerable people. It is absolutely right that we continue to ensure that the specialist training and resources are there to support those investigations, so that we can bring closure and place a spotlight on those really difficult cases where we still need to do so much for finances. The hon. Member is right to make that point.

It falls to me to say that, if people have further information they would like to share with the police, I urge them to call 101 and ask to speak to Calderdale criminal investigation department, or to email [e-mail]. I urge everybody to take part in sharing information about this campaign, in the hope that we can finally shed some light on what has happened to Cathryn.

Security Threat to UK-Based Journalists

Holly Lynch Excerpts

Monday 20th February 2023 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

I am grateful to the Minister for advance sight of his statement. As he has already said, press freedom is fundamental to any liberal democracy, and it is a right that we are all committed to defending across this House. We should all be appalled that Iran International has felt the need to close its office here in the UK following police advice after a series of threats made against its brave journalists.

The UK has a proud history of supporting those who speak truth to power. Since 2017, Iran International has operated successfully here in the UK. In recent weeks, it has shone a spotlight on the Iranian regime’s violent repression of those protesting the death of 22-year-old Mahsa Amini and of those taking to the streets calling for civil liberties to be upheld. For that, they have been targeted by the regime, and, unbelievably, deemed to be a threat to Iran’s national security, with threats that agents of the organisation would be pursued.

As the Minister knows, in November’s annual threat assessment, the director general of MI5, Ken McCallum, stated that Iran had sought to murder or kidnap individuals in the UK on at least 10 occasions. Just this week, the head of Counter Terrorism Policing in the UK stated that there had been five more plots since then, saying that they had disrupted

“15 plots since the start of 2022 to either kidnap or even kill British or UK-based individuals perceived as enemies of the regime.”

I know that across this House we are united in our outrage that any foreign Government would think that they could conduct activity in this way within the borders of another country. As a democracy, we have to send the strongest possible message that we, our policing and security services, and the British public, will not tolerate it. I have met with representatives from Iran International. As the Minister said, they have spoken highly of UK counter-terrorism policing and our security services. I want to put my thanks to them on the record for the work that they undertake every day.

However, I have asked the Government five times in this Chamber since October why we are not going further to deploy sanctions and proscription powers against those acting on behalf of Iran. In response to my question at the last Home Office questions earlier this month, the Minister spoke of his desire to see the Islamic Revolutionary Guard Corps proscribed, so why are they not, either through the use of existing terrorism powers or new state threats equivalent powers? He has not mentioned it at all in his statement today. That means the IRGC are still free to organise and establish support here in the UK. We have to put a stop to that.

There are people appointed to posts here in the UK who are representatives of the supreme leader himself. Why are they still here? The Minister talked of instructing his Department today to lead work. Although the threat from Iran has escalated, it has not come from out of the blue. Why have we found ourselves ill-prepared to respond to the threat? The United States proscribed the IRGC as a terrorist organisation in 2019. Activity from Iran has been a feature of the annual threat assessment for some years. There were warnings in the 2021 integrated review, as well as in the Intelligence and Security Committee report of March 2022, which said:

“There also exists a continuing threat of state-sponsored assassination, attacks and abductions of those perceived as dissidents.”

Again, in November of last year, we had the starkest warnings from the director general of MI5. The ISC’s annual report published last year said:

“In November 2021, the Committee announced that it will be undertaking an Inquiry into national security issues relating to Iran.”

I understand that the ISC still has not been able to progress that report, and so I would welcome an explanation from the Minister as to why requested information has not been forthcoming to Parliament’s Intelligence and Security Committee, with an assurance that it is being addressed as a priority.

The UK must always be a safe place for journalists to speak truth to power. The rest of the world is watching. We cannot ever allow authoritarian tyranny to be exported to the UK and conducted on behalf of other hostile states within our borders. I ask the Minister: when will we see the sanctions? Can he provide us with a timeline? He has talked about co-ordinated responses, but those can be slow. When will we see proscription? We have to get this done. We are looking to table amendments to the National Security Bill; will the Minister support them? We very much stand ready to work with the Government in making this happen.

[Tom Tugendhat]

I thank the hon. Lady for her comments. She is absolutely right to press me on those issues, because it is absolutely true that this has been ongoing. She is also aware that proscription is a legal instrument, and that therefore there is a natural element of discussion. We do not comment on whether we are going to proscribe; we wait until we have the actions ready to do it. She will understand that we will wait until we have full advice.

What we need to be doing is exactly what we are doing, which is sanctioning individuals. I announced eight further sanctions today. We have spoken about various different actions we have taken, and I am grateful that the hon. Member has quite rightly praised the work of the police and the intelligence services, which have done a phenomenal job in keeping us safe. I am afraid that it is not true to say that nothing has happened since the IR. Since then, MI5, Counter Terrorism Policing and many other agencies of the state have been working tirelessly to keep this country safe, and to defend our values and freedoms.

DRAFT AUTHORITY TO CARRY SCHEME AND CIVIL PENALTIES REGULATIONS 2023

Holly Lynch Excerpts

Tuesday 7th February 2023 General Committees

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to serve under you, Sir Robert. I thank the Minister for her opening remarks.

As the Minister has outlined, the draft statutory instrument would implement the Authority to Carry Scheme 2023, which, as the hon. Lady said, replaces the 2021 scheme. As highlighted by the explanatory notes, the 2023 scheme would extend the range of individuals who carriers may be refused authority to carry to include people refused an ETA and people travelling on a document that is not valid for international travel, or a document of which the person is not the rightful owner.

Additionally, the SI would amend the Authority to Carry Scheme (Civil Penalties) Regulations 2015 to remove the sunset clause. As of yet, I do not believe we know when the ETA scheme will be introduced, or details as to who exactly will be required to have an ETA or how much it will cost to secure. Those are significant outstanding questions when we consider how the regulations will work.

The Opposition certainly do not oppose the measures, which are very much part of the package of terrorism laws sadly necessary to help keep people safe. There is a need to have safeguards on the exit from, entry to or return to the UK of individuals who pose a terrorism-related threat. We recognise that those checks assist hard-working UK border officials and other operational partners in their vital work by streamlining much of that electronic process.

In 2021, a Home Office Minister stated that since its introduction, the scheme had refused carriers the authority to carry individuals seeking to travel to the UK on more than 8,200 occasions. I listened carefully to the figures that the Minister cited, and I would be interested to know how many people the scheme has refused authority to carry in the past 12 months. It would be useful if the Minister could update the Committee to give us a sense of those numbers, although I appreciate that the topic is not part of her usual brief.

I am also mindful that the scheme carries a maximum penalty of £50,000. I would be interested to know how many times breaches of the scheme by carriers have been identified, leading to a penalty being imposed, and the value of those fines. That would be an indication of the seriousness of those breaches.

I had a local case in 2021 of an individual who had committed serious and violent sexual offences who was deported to Pakistan. Once there, he was able to change his name and come right back again. We absolutely cannot afford to let such mistakes happen, and I hope that the enhanced measures we are discussing cannot be cheated in such a basic way.

Other than the queries I have outlined, the Opposition very much welcome the regulations, which mitigate the risk posed by those who, sadly and dangerously, seek to do us harm. We will not seek to divide the Committee on the measure.

Oral Answers to Questions

Holly Lynch Excerpts

Monday 6th February 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Holly Lynch (Halifax) (Lab)]

The Minister has been explicit, as have others, about the threat we face in the UK from the Iranian regime. I really welcome what he has said, and we stand ready to work with him on this issue, but the truth is that we have not seen anything like the sanctions and immigration controls that have been deployed against Russia being deployed against Iran. Will the Government go further and be clear? Will they proscribe the IRGC using either existing terror laws or new state threat variations to drive out this threat and keep people safe?

[Tom Tugendhat]

The hon. Lady knows very well that the Government have already sanctioned many individuals inside the Iranian regime and have taken action on individuals who may have had access around Europe and indeed into the United Kingdom. Those people have been either controlled or not allowed permission to travel. She should also be aware that our embassy in Iran is keeping us closely informed of how the sanctions are playing out and making sure that we target appropriately individuals who are a threat to the United Kingdom.

It is completely wrong that any foreign state should be able to threaten anybody in the United Kingdom. Anybody in the UK should have the same protection and be afforded the same rights as anybody else. The action we have taken to protect some journalists in the UK, which was highlighted only recently by some of our agencies, is absolutely vital to the security of our whole society.

Equipment Theft (Prevention) Bill

Holly Lynch Excerpts

Committee stage
Wednesday 1st February 2023 Public Bill Committees

I congratulate my hon. Friend on the progress of the Bill. Having taken a private Member’s Bill through Parliament, I know that it entails an awful lot of hard work, determination and bringing everybody together, particularly for Committee. The Bill will undoubtedly bring benefits to his constituents, my constituents and constituents across the country.

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bone, for the second time in two days. I will keep this brief, but I join others in congratulating the hon. Member for Buckingham on securing so much cross-party support for his private Member’s Bill and on getting it to Committee. We very much hope that the Bill will successfully play a part in clamping down on ATV and quad bike theft.

As other Members have outlined, this issue has long been prevalent in rural communities, afflicting those involved in agricultural work in particular, but as we have heard, the impact is felt in all our constituencies across the country in different ways. According to NFU Mutual, around 900 to 1,200 quad bikes are stolen every year. NFU Mutual’s most recent crime report, published in August 2022, found that rural theft had risen by 40% from the previous year, with the overall cost to the UK economy estimated at £40.5 million.

Quad bikes are predominantly manufactured by just two companies, with little technological development to the same basic key system they have had for over 35 years. I am reliably informed that it is possible to start up one of the most common makes and models of quad bike with just a screwdriver, and a quick Google search provides detailed instructions as to how to start these quad bikes without a key.

The theft of ATVs has a significant financial impact on both customers and insurers. As well as the financial impact, quad bike theft perpetuates further and wider criminal activity. On Second Reading, I spoke of a recent spate of quad bike theft-related crimes in my own constituency of Halifax. That includes their use in antisocial behaviour and vandalism. A number of hon. Members from all parties have made the point about vehicles, after their theft, being used in a variety of types of vandalism and antisocial behaviour afflicting communities, whether they are rural or urban.

As outlined, the Bill seeks to mandate the fitting of an immobiliser and forensic markings on all quad bikes and all-terrain vehicles sold in the UK. The Bill is relatively tight in scope, which is often the winning formula for a successful private Member’s Bill. However, it will also allow for the enactment of secondary legislation that could expand the Bill’s remit to cover other agricultural and construction equipment. Again, on Second Reading I spoke of the problem of theft from commercial vans—a point made by the right hon. Member for Chelmsford and others. According to research carried out by Volkswagen Commercial Vehicles in 2021, 27% of van drivers had fallen victim to tool theft in the previous 12 months. The total cost of all lost tools and equipment is estimated to be about £15 million a year. Volkswagen estimates that the associated downtime for drivers who must replace those tools costs £550 a day per van.

In conclusion, we very much welcome the opportunity to support the Bill through its passage on to the statute book. We hope that it makes the difference that we would all like to see, and we very much hope that there is a further opportunity to consider and evaluate its impact with regard to what other types of kit it might be appropriate to extend these protections to.

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure once again to serve under your chairmanship, Mr Bone. Let me start by expressing my very warm congratulations to my hon. Friend the Member for Buckingham on the work that he has done in developing and bringing forward this Bill with a great deal of conscientiousness, perseverance and, most important of all, charm. That is a quality not universally present, I have to say—[Hon. Members: “Oh!”] But it is certainly well represented by my hon. Friend the Member for Buckingham. He has done a very good job of talking the Committee through the operative provisions of the Bill, so I do not propose to repeat what he has already said so eloquently, other than to make it clear that the Government very strongly support these measures, for the reasons that hon. Members on both sides of the Committee have eloquently and powerfully set out. Clearly, agricultural communities the length and breadth of the United Kingdom are affected by ATV theft, and the provisions in the Bill will help us to combat that.

As my hon. Friend the Member for Buckingham said, the operative provisions of the Bill will be enacted via secondary legislation, so the principal thing that I would like to say is that work on preparing those regulations is happening at the moment. It is happening in parallel with the preparation of the Bill, so, as quickly as possible after commencement of the Bill, we will be able to bring forward the relevant statutory instruments to enact the provisions that we have been debating. That work is happening.

What I would mostly like to say, however, is that I have certainly heard the powerful opinions expressed on Second Reading, and again this morning in Committee, about a strong desire on both sides of the House to consider expanding the scope of the statutory instruments beyond just all-terrain vehicles to look at other agricultural equipment and also tradespeople’s tools. We have all had reports of often quite valuable tools being stolen from tradespeople’s vans. As hon. Members have said, that is not just a financial loss; it prevents tradespeople from working, sometimes for a number of days, which disrupts building projects and causes loss of earnings at a time when people obviously are struggling to make ends meet, so I am very powerfully seized of the need to look at that. I have asked Home Office officials to work on developing the statutory instruments to address it as well as doing the work on ATVs. That work is ongoing; they are doing the technical work to look at it at the moment, so I cannot make an absolute commitment that it will be done at the same time, but my starting position is that if we are going to bring forward statutory instruments under the Bill to deal with ATVs, why not do the other tools at the same time?

There may be some technical reason that I am not aware of why that is very difficult, but my starting position is that we should do both of them, or all of them, at the same time, later on this calendar year, so I will do whatever I can, as Minister, to try to make sure we do all of that. As I said, I am due to get some further advice on it, so there may be some technical elements that I am not aware of or some other arguments that get brought forward, but that is my intention, and it sounds like it has support on both sides of the House.

Draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code H) Order 2023

Holly Lynch Excerpts

Tuesday 31st January 2023 General Committees

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to serve under you as Chair, Mr Bone. I thank the Minister for his detailed opening speech.

The Minister has outlined the purpose of the order, and that proposed change is a result of the independent review by the Independent Reviewer of Terrorism Legislation, Jonathan Hall KC, of MAPPA used to supervise terrorist and terrorist-risk offenders on licence. That piece of work was commissioned by the then Home Secretary in 2019 following the horrendous Fishmongers’ Hall attack in which Saskia Jones and Jack Merritt, both talented young people, had their lives cruelly taken.

The Opposition support the order and understand the necessity to ensure that counter-terrorism officers are able to quickly and effectively respond to potential terrorist threats. We welcome the corresponding changes to PACE code H to provide clarity on how those powers should be exercised. The Minister went into some detail about that, so I will not repeat it. He will appreciate, however, that we have looked again at the findings following the review of the attack, which have resulted in the changes contained in the order.

The Minister will be aware that the coroner at the inquest made 22 recommendations in his prevention of future deaths report for the Fishmongers’ Hall attack. Notably, Judge Mark Lucraft stated in his report:

“A very unsatisfactory situation arose whereby there was a strand of intelligence received shortly prior to Usman Khan’s release from prison that he intended to carry out an attack, but the MAPPA panel participants were in the main entirely ignorant of that intelligence.”

The powers set out in the order are welcome, but I am sure that the Minister will acknowledge that a number of failings were outlined, particularly related to the sharing of intelligence. With that in mind, I hope that the Minister can provide a broader progress report on the 22 recommendations—I am happy to receive it in writing. Those recommendations must sit alongside the changes outlined in the order if we are to truly manage offenders robustly and protect the public.

I hope that the Minister can also confirm that the use of those powers will be recorded and published with the quarterly Home Office report on the use of terrorism powers, so that ongoing consideration and scrutiny of their use can be considered.

We welcome the measures and do not seek to detain the Committee.