Stop and Search: West Midlands

Holly Lynch Excerpts

Wednesday 17th November 2021 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

It is a pleasure as always to serve under you as Chair this afternoon, Ms Rees. It is also a pleasure to follow what I thought was a brilliant speech from my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe). I thank the hon. Member for West Bromwich East (Nicola Richards) for securing this debate. She made some really important points about the value of stop and search and, like her, I am taking part in a Zoom scrutiny panel about stop and search at 5 pm. Those meetings bring local officers together with members of our communities, and play a very important role. I share the hon. Lady’s sentiment that long may that continue.

The hon. Lady and others are also right to send our thanks to the frontline officers who have to take the decisions around stop and search in real time, out on our streets. We should never lose sight of that. In facing someone who may be carrying an offensive weapon, officers very much put themselves at risk, and we pay tribute to them for their service. Like the hon. Member for Dudley South (Mike Wood), my father is a retired police sergeant. I also have an uncle who is still serving on the frontline, so I am thinking of them and the support they need from us as they go about the work in our communities.

To be absolutely clear, Labour supports evidence-based and intelligence-based stop and search. I very much recognise that it can save lives. When stop and search is guided by those principles, it is a vital tool in halting acts of violent crime and in building trusted, consensus- led policing that is supported and trusted by all local communities.

The commissioner’s new police and crime plan, which we have heard so much about today, notes that only 25% to 30% of searches in the west midlands area resulted in any policing outcomes, which include cautions, arrests, drugs found and weapons seized. In only 3% of all searches did officers find an offensive weapon. Moreover, a freedom of information request released by West Midlands police this year showed that, of those stopped and searched per 1,000 of population, about 11 were black, eight of Asian heritage and three white.

The duty of any police and crime commissioner is to consider those statistics and to ask what the figures tell us about how stop and search is being used. Is it proportionate? Is it effective? Is it correct and is it prudent to assess whether the reasonable grounds threshold is being met in connection with the searches that take place?

In the commissioner’s new police and crime plan, he laid out three targets to make stop and search more effective. West Midlands police will aim, as we have discussed, to increase: the positive outcome rates for reasonable grounds stops and searches to no less than 50%; the proportion of reasonable grounds stops and searches where an offensive weapon is the object of the search; and the number of weapons found.

Despite what has been suggested, the commissioner has no plans to scale back stop and search, nor does he wish to abandon it entirely. Instead, he is thinking to create a more efficient policy. An effective policy will focus on taking more weapons off our streets, while we build in the community policing that became so difficult thanks to 10 years of austerity under this Government.

The commissioner is taking those steps because, in his constabulary and across the UK, the Government have made stop and search a less effective and trusted tool. The beating crime plan released by the Government in July 2021 permanently relaxed conditions for the use of section 60 stop-and-search powers, under which officers may search someone without reasonable grounds in some circumstances. That dismantled the best use of stop-and-search scheme, introduced by the then Home Secretary, the right hon. Member for Maidenhead (Mrs May), in 2014, which introduced evidence and intelligence-based stop and search.

The hon. Member for West Bromwich East noted the increase in crime in her constituency and across the region. In the West Midlands police force area, crime is up. Specifically, instances of violence against the person and crimes recorded involving the possession of weapons rose from 111,934 in the year ending December 2020 to 137,549 in the year ending June 2021, according to the Office for National Statistics. Those are indeed somewhat shocking figures, and I appreciate the hon. Member’s efforts to raise the issue with the Minister today. The fact is, however, we are seeing increases in violent crime across the country.

In Cleveland, we saw an increase from 24,359 instances of violence against the person and crimes recorded involving the possession of weapons, to 25,360 in the year ending June 2021. The area covered by Cleveland police was the second worst place in the UK for knife crime in the year ending March 2021. According to the Office for National Statistics, proportionate to the population, the force area experienced more crimes involving bladed weapons than Greater Manchester police or London’s Metropolitan police. Between April 2020 and March 2021, 122 incidents of knife crime were recorded per 100,000 of the population. Indeed, only the West Midlands police recorded more, at 156.

More generally, the Office for National Statistics reported that between April 2009 and March 2010, 13 per 1,000 people were victims of violence against the person; and between July 2020 and June 2021, 32 people per 1,000 were victims of violence against the person. I am sure that all hon. Members will recognise that those increases are serious and I know that the hon. Member for West Bromwich East’s police and crime commissioner is keen to engage with her and all hon. Members about how we drive forward the effectiveness of the stop-and-search approach in order to address the systemic factors that have caused such a marked increase in crime, in not only the west midlands, but so many areas of the country.

Since 2010, West Midlands police has lost 2,221 of its officers as a consequence of the Government’s cuts, and we have lost 21,000 police officers nationally, as so many Members have said. The force is due to receive 1,200 back over the coming years, leaving West Midlands police with more than 1,000 missing officers. Since first coming to power in 2010, the Government have reduced the nationwide police budget by £1.6 billion in real terms. Since 2010, West Midlands police has lost spending power of £175 million.

I am afraid to say that the Conservatives’ negligent underfunding of our police forces means that the country is experiencing record levels of knife crime and that nearly nine in 10 cases are going unsolved, which has contributed to the stark increase in crime in the west midlands. There has been no levelling up when it comes to the West Midlands police and instead we have left our communities less safe.

Can the Minister update the House on when the long-overdue revised police funding formula might be ready? I understand that Simon Foster, the police and crime commissioner, recently wrote to all the region’s MPs on a cross-party basis to ask for a fair deal for West Midlands police. I hope that all hon. Members, as other hon. Members have said, will join his plea in that letter to the Government.

[Mike Wood]

As the hon. Lady said, there has been an increase in crime in the west midlands. For violence with injury, the number of offences in the west midlands was up 10% on the previous year. In her own police force area, it was down 5% on the previous year. What does she think that her police force is doing better than West Midlands police?

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[Holly Lynch]

It is an interesting question. One size does not fit all when it comes to tackling knife crime, as the dynamics of it are different in different areas. It might be the approach to the use of weapons, unfortunately, in domestic violence or to gang crime, or it might be related to drugs. To suggest that one size fits all when it comes to tackling knife crime is misguided.

We need to look to violence reduction units, community partnerships, police officers, police forces and police and crime commissioners around the country to find out what the most effective tools are to address knife crime and violence and to truly drive it down. I am glad that the hon. Gentleman has pointed to the great work done by West Yorkshire police. I share his sense that it is doing a fantastic job and I will pass that on to my local officers.

I thank hon. Members for their contributions. My hon. Friend the Member for Birmingham, Erdington (Jack Dromey) made a typically passionate contribution about how we have to take local communities with us on stop and search if we are to be truly effective, and about the devastating consequences of cuts to policing.

My hon. Friend the Member for Birmingham, Perry Barr (Mr Mahmood) told us the story of his local police community support officers and the valuable work that they do to establish trust in communities. We should never lose sight of their contribution, which is valued by communities and policing alike. I come back to the point made by my hon. Friend the Member for Birmingham, Selly Oak that the west midlands will still be 1,000 officers short by the time the Government have finished restoring the police officer numbers that they have cut since 2010.

I very much hope that we can have a productive discussion about how to improve stop and search. I am reassured that there is a great deal of consensus in the Chamber and a commitment to work with the police and crime commissioner to do that in the west midlands. It can be a vital tool in keeping our communities safe, but it must be driven by evidence and intelligence, and have public support, for it to be effective.

Nevertheless, it would be wrong to think that stop and search is the silver bullet for crime prevention. Although it can be incredibly effective as a last defence against violent crime, the Government must begin to tackle the systemic factors that have driven the increase in crime under their watch. The hon. Member for Birmingham, Northfield (Gary Sambrook) made a point about police station closures. I have lost a police station in my constituency—

[Christina Rees (in the Chair)]

Order. Could you bring your comments to a close, please?

[Holly Lynch]

I certainly will, Ms Rees. If the hon. Member for Birmingham, Northfield thinks that those decisions are not based on the cuts imposed on police and crime commissioners and regional forces by the Conservative Government, he is mistaken. I hope that we can all make the case for well-funded police forces doing that work in our communities in future.

Injunction to Protect the M25

Holly Lynch Excerpts

Wednesday 22nd September 2021 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

I thank the Minister for his statement and for giving me advance sight of it.

Tackling climate change is the single greatest challenge of our generation, and I trust the Minister agrees with me that it must be at the heart of everything we do. We are at a critical moment. In less than 100 days, COP26 will be over and our chance to keep the planet’s warming below 1.5° will have been either grasped or abandoned.

Climate protests range from blocking roads to shutting down transport networks in London, with protesters gluing themselves to cars and roads. These are often very dangerous tactics that require a very particular police response. The police have been in an incredibly difficult position, and they have at times faced criticism on various fronts. Yesterday, as the Minister said, we saw Surrey police arrive on the scene just minutes after the first call, clearing both carriageways incredibly swiftly.

Labour is clear that the right to protest is a fundamental freedom and a hard-won democratic tradition of which we are deeply proud. The right to protest is precious, but we must always be clear that protests have to be lawful. Where they are unlawful, we back the police on the frontline to make the best operational judgment on how to deal with the issues as they arise on the ground. Our police are not helped by armchair critics of their tactics. We know that the police are having to take dynamic decisions in often dangerous circumstances, and I pay tribute to them in the House today.

Anyone who has seen the footage from over the weekend of officers having to follow protesters who were rushing on to the motorway in an attempt to keep both them and drivers safe will recognise the bravery required. There is clearly an issue when people, who can be held for only 24 hours, then return to our motorways, so action is required to assist our police in that respect.

This injunction has now been granted to National Highways by an independent judge, and people are committing a contempt of court and face possible imprisonment if they breach it. I urge people not to breach the injunction and instead to make their views known lawfully in all the ways outlined by the Minister. That said, I look to him to tell us what resources will be made available to support the police to make additional arrests, if required.

I hope we can agree that insulation must be a focus of this Government’s agenda as we move towards this existential crisis. Although we agree on the need to ensure protesters, motorists and police officers are safe, the Government must do all they can to drive climate change up the agenda, and on that we will hold them to account.

[Kit Malthouse]

I thank the hon. Lady for her unequivocal support for the police, which we do not always hear in this House. I am grateful to her for that. It is undoubtedly the case that the police forces affected have had to move extremely quickly to deal with these guerrilla tactics, and we are grateful to all the police officers, as always, for often putting themselves in harm’s way.

I am also pleased to hear the hon. Lady recognise that the right to protest is not an unqualified right. We all treasure it, and we all know that great advances have been made in our society because of it, but it has to be done within a framework of respecting the rights of others, and I hope we are encapsulating a better balance in the Police, Crime, Sentencing and Courts Bill that is currently in the other place. I hope she will review her party’s opposition to the Bill and possibly support it when it returns to this Chamber.

Finally, I hope the hon. Lady shares my extreme frustration at the damage such protests do to the cause of fighting climate change. For my own part, I have been an advocate of the hydrogen economy for well over 20 years. I chaired Hydrogen London for eight years and I fought tooth and nail to equip London with the means to transition from a combustion economy to one driven by electrochemistry. For those of us who have been at that coalface for many years, it is extremely disheartening to see people screaming in frustration and filled with negativity about the notion of climate change being a battle that we still have to win, but it also holds out an exciting future for our country.

I am pleased that we have consensus on both sides of the House and, as we deal with these protests, I hope that we can count on that consensus in the future.

Courts and Tribunals: Recovery

Holly Lynch Excerpts

Thursday 3rd December 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Just a gentle reminder that we have two further debates this afternoon that colleagues will have spent a lot of time preparing for, and we are anxious that they should have enough time to air their views during those debates, so concise questions and brisk answers would be welcome all round.

[Holly Lynch (Halifax) (Lab)]

As my right hon. Friend the Member for Tottenham (Mr Lammy) has already spelt out, Halifax county and family court and Calderdale magistrates court were two of the 86 courts that were closed under this Government in 2016 alone. We were promised video links and a technological revolution in access to justice, but four years later, we have had absolutely none of that. The pressures were just transferred to other regional courts, which now face intolerable backlogs because of the virus. Those court buildings are still standing empty, so why not reopen some of them to get the justice system moving again?

[Robert Buckland]

The hon. Lady will know that, in some instances, we have been able to do that. There are other instances where the buildings are no longer in the control or ownership of HMCTS, and some of them, having been looked at, were not in the right sort of condition to be used—hence the fact that we have been wide ranging in our approach to Nightingale courts, which we will be scaling up as part of phase 3. I am looking at over 60 courtrooms that can be developed across the country. The important point she makes is about technology. I can assure her that, during this crisis, cloud video technology has already been rolled out to every courtroom, and it is making a real difference to the lives of victims and witnesses. If there are local issues in Calderdale, I would be more than happy to talk to her about them in order to address any particular issues in her constituency.

Court Closures: Calderdale

Holly Lynch Excerpts

Thursday 21st June 2018 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

It is always a pleasure to see you in the Chair, Mr Deputy Speaker.

I sought to secure this Adjournment debate due to my desperate frustration 20 months on from the Government’s decision to close both Halifax county and family court, and Calderdale magistrates court, in October 2016. When the court closures were first proposed in 2015, I joined local magistrates to campaign for a merger of the two courts, which would have delivered a cost saving to Her Majesty’s Courts and Tribunals Service while maintaining court provision and access to justice locally.

I met the then Minister responsible for courts, the hon. Member for North West Cambridgeshire (Mr Vara)—I think that the hon. Member for Calder Valley (Craig Whittaker) did the same—to outline our case. I also wrote a letter to the then Secretary of State for Justice that was co-signed by 18 local law firms, the leader of Calderdale Council, the chief executive officer of WomenCentre and the Halifax Law Society, but to no avail, as the courts closed the following year. I then sought to press the Government for alternatives, having listened carefully to their suggestion that old-fashioned court buildings were actually a barrier to justice, and that their closure would instead facilitate a revolution in access to justice, enabled by the roll-out of a variety of new technologies.

After visiting Kent police’s remote justice scheme to see the good work going on there, I attempted to help to shape the process as a member of the Public Bill Committee that considered the Prisons and Courts Bill in 2017. However, the Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), will be aware that that Bill was dropped following the announcement of the snap general election in June 2017.

I held further discussions with the then Minister responsible, the right hon. and learned Member for North East Hertfordshire (Sir Oliver Heald), and he arranged for me to meet the chief executive of Her Majesty’s Courts and Tribunals Service, Susan Acland-Hood, in July 2017. She understood my concerns and confirmed that Halifax would get a video link to mitigate the impact of the court closures.

Sadly, a year on, I am aware of no progress. I want to outline my concern that, far from technology allowing for a better system that is driven by victim-centred best practice, and in which justice is more accessible than ever before, the same old-fashioned court system is still in place, but simply with fewer courts that are just further away than ever before.

As it stands, access to justice is undeniably significantly worse in Calderdale since the court closures—I will outline why. West Yorkshire police officers working in the Calderdale district have been clear that, at a time when resources are stretched and demand has to be carefully managed, the increased burden created by officers and staff travelling further to give evidence, to secure warrants and to transport prisoners is placing yet another strain—one that was entirely avoidable—on resources.

I can only imagine that a similar impact has been felt by police forces in other areas across the country where courts have closed. I say I can “only imagine” because, having asked about this issue in a series of written parliamentary questions, it seems that no impact assessment has been carried out at either a national or a local level.

Although I have been informed that the Secretary of State for Justice has not specifically discussed with the Home Secretary the potential additional financial costs for police forces in areas where the local court has recently closed, it was explained to me that police forces could have made submissions to the public consultations prior to the court closures. There has been no impact assessment or even discussion since that point.

The police have also informed me that the reduced footprint of the justice system is having a particular impact on domestic violence prosecutions. A recent domestic violence charge was scheduled to be heard in February 2019, which will fall just short of the victim facing a 12-month wait for the case to be heard.

Further to that, when I asked the Minister in a written question how cases that would previously have been heard in Calderdale are now being distributed between the neighbouring courts, I was told that all cases have been transferred to Bradford. Although the commitment from Her Majesty’s Courts and Tribunals Service ahead of the court closures was that all work would be transferred to Bradford—10 miles away—and that that court could handle the increased demand, that has not happened from the very start, as cases are being heard in Leeds, Bradford and Huddersfield. It worries me that the Ministry of Justice is not across this in its response to written parliamentary questions, because the practical implications are massive and integral to the problems we are facing. Leeds magistrates court is 20 miles away from Halifax town centre, a further 10 miles away from Bradford, which was the subject of consultation.

One consequence of the situation is that it proves much harder to organise independent domestic violence advisers to attend court in order to support victims when those advisers are covering two or more courts simultaneously. Leeds and Huddersfield magistrates courts are 20 miles apart. Given the length of time victims now routinely face to have their cases heard, the instances of cases being lost or dropped due to victims withdrawing support is increasing. Surely we cannot allow this to happen. I asked the Government about the average and longest waiting times for domestic violence cases to be heard, but was informed that the information requested could be obtained only at disproportionate cost and was therefore not available. Surely the Government need to understand what the impact is. If domestic violence cases are taking a year to be heard, the Government must step in to address the situation and take corrective action, but they first needs to know where that is happening, the length of the delays and why they are occurring.

I received the same response when I asked how many cases had been abandoned or dropped in areas where courts had recently closed. I did so because there is plenty of anecdotal evidence that the failure of both vulnerable victims and defendants to appear in courts that are now much further away has resulted in an incredibly disrupted and inefficient system. I understand that for so-called “cracked trials”—those that close unexpectedly—forms have to be completed to specify the reason why. Solicitors and local police tell me that the reason is increasingly because prosecution witnesses and victims fail to turn up in court, which is due in no small part to the distances they have to travel and the periods of time they have to wait before their cases are heard. As the Government are in possession of those forms setting out the reasons why those cases are cracked, may I urge them please to undertake analysis and publish that information, because if we do not get a grip on this, we let victims down and let perpetrators off the hook?

My local officers also make the point that between March 2016 and March 2018 in Calderdale, there has been a 64% increase in the number of arrest warrants issued under the Bail Act 1976 for failure to appear in court—a 64% increase! The cost of that to the police and its impact on resources reflect a damning failure of our justice system to deliver on its own responsibilities, rather than simply passing the work and cost on to other agencies.

Let me turn to the impact on the local authority. Calderdale Council confirms that family cases are being heard across the neighbouring area, with families travelling to Huddersfield, Bradford and Leeds for care proceedings. All emergency orders are heard in court in Leeds, about 20 miles away from Halifax town centre. Families are having to travel much further, as are lawyers, and, significantly for the council, so too are social workers. What was previously an hour or two out of the office for a hearing is now routinely half a day. Like the police, social workers were stretched without this entirely avoidable pull on their time, and the situation has an impact on capacity within the team.

An issue that was raised with me only recently by Trinity Academy Sowerby Bridge, and confirmed by Calderdale Council, is the local authority’s inability to secure court dates to take enforcement action against parents who persistently flout attendance requirements. It is depressing that that might be necessary, and there are some uncomfortable patterns around lack of attendance in the cases outlined to me—that is a debate for another day, Mr Deputy Speaker—but having issued penalty notices to parents that have gone unpaid, the local authority has a statutory responsibility to the school to secure a court date for the case to be heard within a six-month window. These cases are all heard in Bradford, and there is a delay in obtaining court dates due to the volume of hearings being sought between the two councils, Calderdale and Bradford. Calderdale Council informs me that that is having a detrimental effect on its statutory service to schools, leading to a situation in which the backlog of cases in the system is such that it has had to write off a significant number of cases of unpaid penalty notices as it simply cannot secure a court date within the required six-month timescale. The fine therefore goes unpaid but, more worryingly, in some of those cases the child is not going to school for that duration, and the school and the council are powerless to take corrective action due to the court closures.

The youth offending team is also having to adapt, with staff now based at Bradford court, where all the youth cases are heard, despite staff having to drive young people to Bradford on occasion to make sure that they attend. I understand that the YOT feels that attending court can help with behavioural change and convey seriousness to a young person who might be on the wrong path, and I am inclined to agree. The court buildings themselves will always play an important role in the infrastructure of justice provision.

I have discussed the situation with local law firms in Halifax and, disappointingly but unsurprisingly, three firms that specialised in criminal law have relocated since the courts closed. That is jobs and business rates gone from our area. Solicitor Mark Baxendale of Baxendale Vanzie solicitors told me that he is currently working on a case involving a Calderdale man that is being heard at Leeds court, confirming once again that cases are being heard as far as 20 miles from Halifax—not in Bradford as promised, or as suggested in the answer to my written parliamentary question.

My local courts were just two of the 86 courts across England and Wales that were closed in 2016, and an additional eight closures were proposed in January this year. Following my meeting with Susan Acland-Hood, Calderdale Council has had meetings with the Courts and Tribunals Service on the delivery of the commitment to video links in one of the council’s buildings. The latest news that Calderdale heard from the Courts and Tribunals Service was in February—four months ago—when it was told that the technology at the court end was not fit for purpose to accommodate court hearings by video link. Attempts were being made to source alternative technology, but Calderdale Council has received no further updates since then.

In May, I asked the Government how many courts had been closed and replaced with remote video technology since 2015. The answer was that none had been closed and replaced with remote video technology since 2015 but, to “enhance” access to justice, remote video links had been established in six areas where courts had closed since 2015, with a further two video links to be in place by the end of the year. So 86 courts have been closed and video links have been introduced in just six areas affected by those closures since then. I object in the strongest possible terms to the suggestion that this was done to enhance access to justice. Justice gaps have been plugged in just six out of 86 areas; that is not enhancing access to justice, it is decimating it.

I hope that I have left the Minister in no doubt that the provision of justice in Calderdale and the surrounding areas has been dealt a critical blow by the closure of the courts. I would like to see immediate progress on video links, and if the technology is not yet available, court provision should be reinstated until it is. The case load has not been transferred 10 miles to Bradford, as was consulted on, but, in some instances, 20 miles to Leeds. What is being done to address that? It is not what was consulted on and, apparently, it is news to the Ministry of Justice, given its written response. Finally, will the Minister commit to undertaking an analysis of how long it is taking for courts to hear domestic violence trials, and the reasons why so-called cracked trials are collapsing in areas where courts have recently closed? In that way, we will really be able to understand the impact and seek to mitigate it, however and wherever possible.

Assaults on Emergency Workers (Offences) Bill

Holly Lynch Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th April 2018 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

It gives me great pleasure to speak on the Report stage of this Bill. It is a particular pleasure to follow the hon. Member for Mid Dorset and North Poole (Michael Tomlinson), who has been a friend of this campaign from the very start. He raised a number of interesting points, and I look forward to hearing Ministers’ response. We have greatly benefited from his legal expertise throughout this process, and I am grateful to him for that. I am grateful to Members across the House who have recognised the role that I have played in initiating this campaign, but it has been a tremendous team effort, and I will thank a number of people on Third Reading.

I rise specifically to speak in support of amendment 3, which would add sexual assault to the list of assault charges in clause 2, so that it would become an aggravating factor within sentencing if sexual assault were inflicted on an emergency service worker. Having started this campaign with the Police Federation following the experience I had with a single-crewed police officer—a tale I have shared in the Chamber on several occasions—one of the deciding factors in broadening the campaign to cover more emergency service workers was having met female paramedics who had been subject to sexual assaults while on duty. That is why I am so keen to see this addition made to the Bill.

A very clear pattern emerged of female paramedics having to deal with male patients who are often under the influence of drugs or alcohol, as we have heard, in towns and city centres and predominantly on Friday and Saturday nights. I am grateful to Stacey Booth, an organiser with GMB—which I must declare is my trade union—from West Yorkshire who introduced me to a number of paramedics who recounted their experiences, which were worryingly similar.

One of those women was Sarah Kelly, who I am delighted has joined us in Parliament this morning, after taking the brave decision to share her story in the hope that it would help us to fix the broken system that has let her down. On some occasions, it was a combination of the patient being under the influence of drugs, alcohol or both, with a diminished capacity to determine right from wrong, and they took advantage of the situation, sexually assaulting a lone female paramedic in the back of an ambulance. On other occasions it was even more sinister: sexual predators, who have fine-tuned this approach, engineer a situation where they are alone in an ambulance with a female paramedic, with the specific aim of sexually assaulting them.

The risk to ambulance staff is heightened because, unlike the police, who have access to a certain degree of information about a person’s previous criminal history prior to attending an incident, the ambulance service does not. I have met female paramedics who have been dispatched to the address of someone who has only recently sexually assaulted them, pending a court appearance, which must be against all safeguarding and legal advice.

Sarah has led the way in Yorkshire, seeking to work with her trade union and her employer, the Yorkshire ambulance service, to implement the necessary changes from a grassroots level—to accurately report and record such attacks, follow up with support and advice in order to secure a conviction and to build up the data required to put protections in place so that unnecessary risks do not have to be taken in future. I commend her efforts. As we have reflected on many times over the course of the Bill’s journey, the reason why we have to go that bit further on protections for emergency service workers is that we are the ones who ask them to run towards danger and persevere with individuals who seek to do them harm, because they simply cannot walk away.

Like other paramedics, Sarah, having been sexually assaulted by the perpetrator, had to continue to persevere with him in the back of the ambulance until they arrived at hospital, first and foremost because he needed medical attention, and she could not walk away or escape him. We owe it to Sarah to make this amendment a reality in law. She is not alone in her experience as a paramedic, nor are paramedics the only emergency service workers to be exposed to this particularly vile manifestation of assault, so I urge all colleagues to lend their support to amendment 3 and add it to the Bill.

I also support amendment 2, to which I have added my name, and I will return more specifically to the hideous act of spitting when I speak to amendments 4, 5 and 6. I am also sympathetic to a great deal of the work done by the hon. Member for Shipley, and I agree with a number of the points that he outlined in his new clauses. I look forward to hearing the Minister’s response to the debate.

[Alex Chalk]

It is such a pleasure to follow the hon. Member for Halifax (Holly Lynch). She is a truly passionate defender of the interests of police officers, and she does that with great skill. I pay tribute to her and to the hon. Member for Rhondda (Chris Bryant) and my hon. Friend the Member for Shipley (Philip Davies).

I have a few observations, building on the points made by my hon. Friend the Member for Shipley. In his powerful submission he said that it is important that police officers—I know there are some in the Public Gallery—receive justice, and that that justice is not “a sick joke”. However, we must also ensure that we do not inadvertently replace one sick joke with another.

In my experience as a prosecutor, the biggest injustice for police officers was along the following lines. A police officer attends the scene of a serious robbery, for example, and he or she makes an arrest. During the course of that arrest, the defendant spits at the police officer, in an extremely upsetting and unpleasant incident. The defendant is taken to the police station, where he is subsequently charged with robbery and with assaulting a police constable in the execution of his duty. The case then comes to court, and the defendant says to the prosecutor, through his solicitor, “Alright. I will plead guilty to the robbery”—that is technically a more serious offence and punishable with life imprisonment—“but do me a favour and drop the offence of assaulting a PC.” A lazy prosecutor—this point was raised by my hon. Friend the Member for Shipley—might say, “Oh for goodness’ sake. Let us carve this up. He is going to get a custodial sentence of two to three years for this unpleasant robbery. Is it really worth proceeding with the charge of assaulting a PC?”

What should happen in those circumstances? A conscientious and decent prosecutor would speak to the officer and say, “This is what is being proposed. What are your thoughts about it?” If in those circumstances the officer says, “I want justice to be done. I want this individual to have on their record not just that they are a robber, but that they have assaulted a police officer”, it would be wrong for the prosecution not to proceed with that charge and for justice not to be done. A prosecutor should already take into account the feelings of the victims, and I suggest that it would be in breach of their duty as a prosecutor not to proceed in such circumstances, and it would be a failed assessment of the public interest. In my experience, where those decisions have gone wrong and a case has been dropped, police officers rightly feel that their interests have not been taken into account.

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[Alex Chalk]

I take that point entirely.

My final point is about the issue of grievous bodily harm with intent, which most right-thinking people would think is the appropriate offence to charge someone with who had bitten a police officer’s finger, but a middle ground exists between grievous bodily harm with intent and common assault, which currently has a maximum sentence of six months—that is, assault occasioning actual bodily harm. Why do I mention that? As has been intimated, common assault is for offences that leave no mark at all. If any offence leaves a mark that, in the language of the Offences Against the Person Act 1861, is more than merely transient or trifling—in plain English, that is reddening of the skin—the defendant can be charged with assault occasioning actual bodily harm, whether the victim is an emergency worker or not, with a maximum penalty of five years. That would mean, once the discount for an early guilty plea is taken off, that someone could be inside for 20 months maximum.

This is my central point: let us support this Bill and let us send out the message that attacks on our emergency workers are heinous, that they are not to be tolerated and that the law should come down like a ton of bricks. However, let us also not forget that getting justice means selecting the offence so that the punishment will fit the crime—

[Holly Lynch]

rose—

[Alex Chalk]

Just before I finish my peroration, I give way to the hon. Lady.

[Holly Lynch]

The hon. Gentleman is making an incredibly powerful speech and raising some really interesting issues. For me, when we are looking at how we can make a difference in this area, our role as legislators means that we are in some ways limited in how we intervene in the other areas of injustice that he has raised. My question to him, using his legal background and expertise, is this: once we have done our bit by amending the legislation—that will go some way to addressing this problem—how do we appropriately intervene to address the other areas of injustice that he also outlined?

[Alex Chalk]

The hon. Lady makes an excellent point. It would be a very dark day indeed if Members of Parliament in this place were effectively directing independent prosecutors how to exercise their discretion—I know she is not suggesting that for a second—so we have to tread extremely carefully. Ultimately, when a prosecutor decides which charge to choose, they will have to weigh two things: first, sufficiency of evidence—is there sufficient evidence to make it more likely than not that a jury properly directed would convict?—and secondly, is it in the public interest? They have to weigh certain factors in considering the public interest, ranging from the likely sentence at the end of a conviction to protection of the public, and all sorts of things. What we say in this Chamber, however, is capable of forming part of that public interest. If we send the message out that we expect condign punishment, to use a faintly pretentious expression, to be visited on those who assault our emergency workers, that factor can properly be weighed into the mix when prosecutors decide—in the circumstances of the emergency worker who attends the nightclub or the police officer who has their finger bitten off—what offence to choose. The message will ring out from this Chamber that we expect our protectors to be protected.

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Clauses 4 to 6 therefore should not remain in the Bill.

[Holly Lynch]

I will rattle through my speech, as I know we are pushed for time. I entirely appreciate and sympathise with amendments 4 to 6 and, following our discussions with Ministers, I understand the practical challenges of clauses 4 to 6, but I want to push a little further. If we remove these clauses, what else can we do to mitigate some of the outstanding anxieties that will still persist?

As the hon. Member for Shipley (Philip Davies) has outlined, spitting makes up 21% of all assaults on police officers in West Yorkshire. For that reason, it is important we get this right. As my hon. Friend the Member for Rhondda (Chris Bryant) said, certain organisations advocate vaccination as one option to protect against some communicable diseases. Although I endorse that as part of the solution, there are two problems with it. First, I am uncomfortable that vaccination removes responsibility from the spitter not to spit in the first place, and on to the 999 responder to take precautions in preparation for being spat at. That is part of the reason why I am so supportive of amendment 2, which I am pleased was fully discussed in the previous group of amendments.

My second problem is that, as the Minister will know, most forces have an immunisation programme to vaccinate against hepatitis B. However, due to the global shortage of hepatitis B vaccines, forces have had to follow Government advice to suspend those programmes, which means people in roles identified as at increased risk, such as police officers, special constables, detention officers, PCSOs and crime scene investigators, are already going without this level of cover.

I am pleased that stocks of the vaccine are starting to become available again, but there is a backlog of immunisations. Some officers are particularly vulnerable during this window, making the types of mitigation we are now exploring all the more pertinent if we are to abandon clauses 4 to 6.

I also have concerns that the support and advice received by emergency service workers who have been spat at varies greatly. I would like the advice and support to be standardised for all those defined as emergency service workers, as per the definition in the Bill, so they can access the very best specialist medical advice within hours, allowing them to make informed decisions. That will restore the power balance and their dignity, which the spitter has sought to take from them.

Another criticism of these clauses is that the rates of transmission, and therefore the risks, are so low that there simply is not the evidence to warrant testing in the first place, yet we know that is not what is happening in practice. On Second Reading I told the story of PC Mike Bruce and PC Alan O’Shea of West Midlands police, who both had blood spat in their face as they tried to arrest a violent offender. They both received medical advice recommending that they undergo antiviral treatments, and they faced a six-month wait to find out whether the treatment had been successful.

As I explained on Second Reading and repeat now to reinforce the point, during that time PC O’Shea’s brother was undergoing treatment for cancer. Because medical professionals deemed that the risk of passing on an infection was too high, should he have contracted a disease, PC O’Shea was advised not to see his brother throughout the intervening period. He was also advised not to see his parents, because they were in such regular contact with his brother. PC Bruce had a false positive result for hepatitis B and his young family were also then tested and faced a six-month wait for conclusive test results, which confirmed that they all had the all-clear.

Although those experiences are two of the most anxious and prolonged I have come across, they are not uncommon. I need to be able to look those two officers in the eye and say to them that we have not given up on making sure that no officer has to go through the same experience, rather that we are simply taking another approach. I look to the Government to work with us on making that happen, beyond the Bill, if we are to remove clauses 4 to 6.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

The hon. Lady is making a powerful point. Does she agree that the clauses on spitting were some of the most popular measures in the Bill, as originally drafted, when we discussed it with constituents who are emergency workers, so if we are going to drop them, we need a strong statement from Ministers today on what more can be done to tackle this problem, which she clearly highlights?

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[Holly Lynch]

I agree entirely with that point, and I am reassured by what the Minister said about seeking to toughen up deterrence in respect of the language contained in an earlier provision in the Bill. In the event that spitting does not cease with immediate effect, we will still have to ensure that we offer those protections relating to dealing with those anxieties, and offering clarity and support. The right hon. Member for Preseli Pembrokeshire (Stephen Crabb) is quite right: that is what I am looking to see from Ministers today.

[Alex Chalk]

Will the hon. Lady give way?

[Holly Lynch]

I certainly will—I will return the favour.

[Alex Chalk]

I am extremely grateful to the hon. Lady for giving way, just at this last moment. What was striking about the point she made was that in the instance that she cited a police officer was given medical advice that there was a risk, yet that medical advice appears, statistically, to run entirely counter to the statistics that were provided by the hon. Member for Rhondda (Chris Bryant). So part of resolving this, and giving clear protection and advice to officers, is about ensuring that consistent medical advice is given—does the hon. Lady agree?

[Holly Lynch]

I entirely agree. That goes back to the earlier point that we cannot fix everything through legislation. I agree entirely that where there are shortcomings with this legislative approach, even if we withdraw it, we will not fix the problem. So what alternatives—the hon. Gentleman has rightly reflected on those—do we need to put in place? I am open to any and all suggestions—but without that legislation I am looking for alternatives.

[Rory Stewart]

First, I very much welcome the fact that the hon. Member for Rhondda (Chris Bryant) has proposed that these clauses be removed from the Bill. To answer directly the case made by the hon. Member for Halifax (Holly Lynch) and my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb), let me say that at the core of this problem is a problem of anxiety. The individual who is spitting blood at the police officer is exploiting a myth—they are exploiting something that simply is not true. Public Health England is absolutely clear that the chances of contracting a blood-borne disease through somebody spitting at you is close to zero. This is unbelievably important, because the most significant way we can prevent this epidemic of spitting, is by making it clear to the people doing the spitting that the terror they are trying to communicate is a joke—it is absurd. These people are, in the traditional sense of the word, “terrorists”; their intention is to spread terror. What they are trying to do is psychological.

Putting into the Bill something that reconfirms the psychological fallacy that someone can communicate a blood-borne disease through spitting will simply encourage these people to spit even more. What they are trying to do by spitting, in some deranged way, is to make a death threat. They are trying to say, “By spitting at you with blood, I am giving you a terminal disease”, but they cannot do that. The best response to someone who is attempting to produce a fiction or magic, and is trying to intimidate you through magic, is to say, “This is nonsense. What you have done to me is disgusting. I’ve got a gob load of spit on me, but there is absolutely no way you’ve harmed my health by doing this.”

That needs to be made absolutely clear, because there are two separate problems involved in this. One relates to the risk of transmission and the second relates to the nature of these tests. The risk of transmission of a blood-borne disease through spitting is, as Public Health England says, close to zero. The second problem is with these tests. The hon. Member for Halifax gave an example of a false positive, but there are also many examples of false negatives, and these tests are not timely—they cannot communicate an early transmission. Consequently, the only way in which a medical professional should respond to these cases is by focusing not on a test result, which is irrelevant because it is not reliable, but on the mode of transmission. In other words, if somebody has been spat at there should not be any post-exposure prophylaxis treatment given, regardless of an apparent result of a test.

If, on the other hand, someone has been injected with a needle, in almost every case PEP should be allocated, again regardless of the result of the test as that result might show up too late for the PEP to be effective. The proper medical procedure is therefore to focus on the mode, not the test. That means that in this case it would not be of significant use to test somebody, it would not be strictly necessary, and it would not be proportionate in balancing the benefit and the cost. The right to know would therefore not trump the right to privacy in this case.

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[Holly Lynch]

It is an honour to follow the right hon. Member for Preseli Pembrokeshire (Stephen Crabb). He has been a fantastic supporter of this campaign from the start, which I and my hon. Friend the Member for Rhondda (Chris Bryant) have appreciated.

I start by paying tribute to my partner in crime fighting, my hon. Friend the Member for Rhondda, for his work in getting us here today. He is always incredibly generous in crediting me with starting this campaign, but the truth is that without his tenacity, his leadership, and his encyclopaedic knowledge of how this place works, we simply would not have made it this far. I know that blue-light responders, NHS workers, and prison officers all over the country are truly grateful to him.

For all our political differences in this place, and what can often seem like the glacial pace of delivering change in Westminster, to go from a harrowing experience in my constituency when out with West Yorkshire police in summer 2016, to being here today, just two years later, at Third Reading for a Bill that will create a new offence of assaulting an emergency service worker, is a showcase of Parliament at its best. That does not mean that getting here was easy, and unusually the journey between Committee stage and Report was the most trying period of the Bill’s passage. It is not entirely the Bill that I hoped it would be for the reasons we explored on Report, but it is a massive step in the right direction.

We know that only a package of measures—legislative and otherwise—will bring about the societal change we want. That will involve working with the Crown Prosecution Service, the judiciary, employers, offenders, and emergency service workers to promote the reporting of such acts, ensure that appropriate support is provided, and that the consequences that follow reflect the seriousness of the crime.

It would be remiss of me not to pay tribute to PC Craig Gallant, the single-crewed officer who I shadowed on that fateful evening in Halifax. Not only did he narrowly escape potentially serious or even life-threatening injuries at the hands of an angry mob, but nothing quite prepared him for the trauma of me thrusting him into the spotlight as the face of a national campaign to protect emergency service workers, and the merciless ribbing that he took from his colleagues as a result. Thank you PC Gallant for allowing me to tell that story. I know that your colleagues understand and appreciate that they will be better protected in future because of it.

I also thank Lambeth police because, ironically and infuriatingly, during Second Reading my flat in London was broken into and robbed. When the police came to investigate, they told me that they would normally ask for more information about my whereabouts during the time the robbery took place, but that they knew exactly where I was because they had been following the debate. Fingers crossed that my flat is still intact when I return to it this evening. If not I will be joining the hon. Member for Shipley (Philip Davies) and revisiting sentencing guidelines across the board.

My biggest regret is that we could not agree on more concrete proposals to address the fears and anxieties of a 999 responder who has been spat at by an offender. I understand the practical problems with the clauses as originally drafted, and the limitations of testing, yet unless we establish evidence-based best practice that extends to all those covered by the Bill, I fear that the problems we are trying to overcome will persist. I want to ensure that those who have had either blood or saliva spat at them receive the best possible medical advice from a specialist, within hours of the incident. I am hopeful of that becoming a reality, based on earlier conversations and the contribution from the Minister at the Dispatch Box, and I hope for firmer proposals before the Bill completes its journey through both Houses. I am grateful to the trade unions representing emergency service workers that have been with us all the way on this journey—Unison, the GMB, the Prison Officers Association and the Police Federation. Again, I join the hon. Member for Shipley in paying particular tribute to Chief Inspector Nick Smart, the chair of the West Yorkshire Police Federation. He has been incredibly important in helping us to turn one incident into a national campaign for change.

We have had a good, constructive dialogue with the Government throughout this process. While we have encountered practical challenges and differences of opinion, I am pleased that we have been able to work through the vast majority of those in as collaborative a way as possible. I am grateful to both the Minister of State, Ministry of Justice, the hon. Member for Penrith and The Border (Rory Stewart) and the Minister for Policing and the Fire Service, the right hon. Member for Ruislip, Northwood and Pinner (Mr Hurd) for that relationship. I also thank the shadow Policing Minister, my hon. Friend the Member for Sheffield, Heeley (Louise Haigh), who has made a series of speeches on the Bill from the Dispatch Box. Characteristically, she always got the tone and content absolutely right.

I say to all who have shared their stories with me, my hon. Friend the Member for Rhondda and other MPs who have supported the Bill, often when there was a difficult tale to tell, that those experiences have assisted with the shaping and fine-tuning of these law changes, and emergency service workers, NHS workers and prison officers, now and in the future, will be better protected because of it.

Assaults on Emergency Workers (Offences) Bill

Holly Lynch Excerpts

2nd reading: House of Commons
Friday 20th October 2017 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

I am delighted to speak on Second Reading. First, I must pay tribute to my honourable friend—in the truest sense of those words—the Member for Rhondda (Chris Bryant), who has taken on this campaign, pushing it forward with his trademark tenacity, attention to detail, pragmatism and, of course, humour, which have allowed us to get to where we are. I know that I channel the voices of frontline emergency service workers all over the country when I thank him for the leadership he has demonstrated with this Bill.

For those who are not familiar with how the “Protect the Protectors” campaign started—which surely cannot be that many people now, given that I am genuinely losing my voice from having told the story so many times this week alone—it began last summer when I took the opportunity to join West Yorkshire police in my constituency for a Friday evening late shift, shadowing a single-crewed response officer responding to 999 calls.

It was not long into my time with PC Craig Gallant that the on-board automatic number plate recognition system flagged up that a car we had just passed should be stopped in order to speak to the driver about drugs offences. When the blue lights were put on, the driver initially sped away, but after a short chase, he eventually came to a stop. PC Gallant got out of the police car to speak to the driver, asking him to get out of his vehicle, but the driver, who had passengers in his car, refused to do so. It was a warm summer’s evening in an area of Halifax where, unfortunately, deprivation has fed a variety of social challenges, and those out on the streets took an almost instant and tribal dislike to the lone officer in their community.

While PC Gallant persevered with the driver, passers-by and passing vehicles began to take an interest, and a small and increasingly agitated crowd began to gather. The situation very quickly escalated when further vehicles pulled up at speed. The occupants of those cars got out to confront the officer, while the passengers of the first vehicle sought to escape by getting into one of those that had just arrived. Now facing a hostile crowd, with those engaged in criminal activity seeking to create havoc to facilitate a getaway, and some residents, disappointingly but probably unknowingly, assisting them by joining the threatening gang that had gathered, PC Gallant locked me in the police car for my own safety and was forced to draw his baton to protect himself while instructing the crowd to move back. Locked in the police car, I was equipped with nothing more than a fluorescent observer jacket. I did not know if PC Gallant had called for back-up and I did not know how to use the car radio to make contact with the control room. I cannot stress to colleagues enough the sense of powerlessness: the fear that I might have to sit in that police car and watch him take a beating, or worse. I decided that calling 999 directly was the fastest way to make contact with the control room. I cannot convey either just how it felt, having asked for the police, to be told repeatedly by an automated message, “Please hold the line.”

What was probably only seconds felt like an eternity while I watched the scene unfold. Having finally been connected, I relayed the situation to the control room. To say I was relieved when reinforcements arrived is something of an understatement. After the passengers from the first car had managed to escape, despite PC Gallant’s best efforts, their quick getaway and the arrival of further officers meant that the situation was defused fairly quickly. Astonishingly, no injuries were sustained on that occasion. It is fair to say that PC Gallant remained much calmer than I did throughout the ordeal, but I saw for myself just how quickly situations can become dangerous and just how vulnerable officers are when they are out on their own.

Those who attended the photo drop-in on Wednesday—I thank all those who did—will have had the opportunity to meet PC Gallant, who, after the incident, simply got on with the rest of his shift and shook it off, having not been assaulted on that occasion at least, unlike on so many others.

[Nick Smith (Blaenau Gwent) (Lab)]

I thank my hon. Friend for giving way and it is good to see her having a glass of water. I met PC Gallant the other morning. She has given us a powerful and shocking report of the incident she witnessed. Does she agree that our constituents would be shocked to find out how many attacks take place? For instance, the Police Federation survey estimates there were nearly 21,000 attacks on police officers just in Gwent in 2015-16.

[Holly Lynch]

I am grateful to my hon. Friend for that intervention. This is what we are seeing increasingly. It is both the frequency and the severity of these incidents. If we do not take this opportunity to act and address them, they will become more normalised and we absolutely do not want that to happen.

Having shared that experience with colleagues during an Adjournment debate last October, I then found myself inundated with what can only be described as horror stories from not only the police, but emergency service workers from all over the country who had been subjected to assaults that seem to be increasing in both frequency and severity. What thoroughly depresses 999 and NHS workers is that sentences handed down to offenders for assaulting them often fail to reflect the seriousness of the crime, or, more crucially, to serve as a deterrent. Many described feeling like they had suffered an injustice twice. first at the hands of the offender and then again in court when sentences were unduly lenient.

We make the laws in here, but we ask the police to uphold and enforce them out there. To assault an emergency service worker is to show a complete disregard for law and order, for our shared values, and for democracy itself. That must be reflected in sentencing, particularly for repeat offenders. Because of the separation between lawmakers and the Sentencing Council, we have sought to explore all the ways we could toughen legislation in the Bill to protect those on the front line.

In previous speeches I have made on this subject, I told Parliament about how, just days before my shift, PC Vicky Tompkins had responded to a call in my district. On arriving, she was head-butted by an offender, knocking her to the floor. The assault snapped one of her teeth and dislodged another, causing other fractures to her mouth and face. She had to have temporary filling work and a splint put in her mouth. There is a video of PC Tompkins recounting the incident on the Police Federation’s website, which is incredibly difficult to watch. The offender was released and went on to assault another police officer not long after.

I was proud to see PC Tompkins receive an award at the district awards in June this year, following the role she played in saving the life of a suicidal young woman who was holding on to the outside of a multi-storey car park by her fingertips. Since then, however, PC Tompkins has joined the increasing number of those who have handed in their resignation and taken the decision to leave policing. I take this opportunity to thank her for her service and to let her know that her experience has fed into this campaign, which I hope will make a significant difference in protecting those who continue to serve and those who will serve.

[Victoria Atkins]

I am grateful to the hon. Lady, who has fought a magnificent campaign over the past 12 months. We worked together when I was a Parliamentary Private Secretary to the Home Office. I commend her for seeing this legislation through with the hon. Member for Rhondda (Chris Bryant). The scenes she describes are upsetting and just plain wrong. Does she agree that investing in body-worn cameras for police officers will help them to secure convictions, and, I hope, higher sentences, and perhaps save them from the arduous task of having to give evidence in court and be cross-examined to explain what happened? The videos will show what happened to them and I hope that will increase convictions in these circumstances.

[Holly Lynch]

I am really grateful for the hon. Lady’s intervention. I thank her for her support. We had an open dialogue when she was in her previous role, which was incredibly helpful. She is absolutely right that body-worn video has given frontline officers in particular the assurance that, should they be confronted in that way, there will be an evidence base that will help to secure prosecutions in court, which is what we all want.

[Jo Churchill (Bury St Edmunds) (Con)]

On that point, in a recent conversation with police officers in Bury St Edmunds, they said how beneficial body-worn videos are. Is there scope in the Bill for their use in other circumstances, for example for those who work in ambulances and so on who also go into very aggressive situations? They could help them, too.

[Holly Lynch]

Again, I am grateful for that considered and thoughtful intervention. There are lots of issues surrounding the challenge we are trying to address. Legislation and sentencing is one element, and, as legislators, that is our brief, but there are all sorts of conversations about personal protective equipment. Are our frontline emergency service workers carrying everything that would be helpful in those circumstances? The hon. Lady is right that we can look in Committee at where there is scope to incorporate that, but some of those conversations will need to happen beyond this legislative process.

The second aspect of the Bill aims to deal with the hideous act of spitting at emergency service workers. As well as being horrible, spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. At an event organised by Rob Marris, the former Member for Wolverhampton South West, I met PC Mike Bruce and PC Alan O’Shea of West Midlands police, who were also able to join us for the drop-in on Wednesday; my hon. Friend the Member for Rhondda recounted one of those conversations earlier. Both officers had blood spat in their faces while trying to arrest a violent offender. They both had to undergo antiviral treatments to reduce their risk of contracting communicable diseases and they faced a six-month wait to find out whether the treatment had been successful.

During that time, PC O’Shea’s brother was undergoing treatment for cancer. Because it was deemed by professionals that the risk of passing on an infection was too high should he have contracted a disease, he was advised not to see his brother throughout that intervening period. He was also advised not to see his parents, because they were in such regular contact with his brother. PC Bruce had a false positive result for hepatitis B, and, for six months until conclusive test results came through and following further tests within his family, he was understandably reluctant to be close to his wife or children, fearing for their wellbeing. Victim impact statements provided by both officers outlining their experiences, failed to secure a custodial sentence for the prolific offender. Conversely, it only empowered him further. He left court knowing that he had a much greater impact on their lives than he had initially thought and showed absolutely no remorse. At the moment, as we have already heard, if an emergency service worker is spat at, they can take a blood sample from an individual only if that person gives their permission. Needless to say that in the case of PC O’Shea and PC Bruce, the offender was not in a helpful mood, so they were subjected to antiviral treatments and a six-month wait.

The Bill would protect not just police officers, but all blue light emergency responders, as well as healthcare professionals, those engaged in search and rescue work, and prison officers.

[David Morris]

I have read in the newspapers—in truth, I do not know if this is correct—that when people have an AIDS test or something similar, their insurance is reviewed. Could we put in the Bill, during the Committee stage, special provision for emergency workers so they are not penalised in this way by certain insurance companies?

[Holly Lynch]

That had not been brought to my attention until now, and I will certainly look into it. This too may be a conversation that we need to have outside the context of the Bill, but we will undoubtedly explore all the opportunities during its passage.

A report published in December by Yorkshire ambulance service revealed that staff faced “violence and aggression” on a weekly basis. There was a 50% increase in the number of reported incidents of verbal and physical attacks on staff, with 606 incidents reported in 2015-16. Richard Bentley, a paramedic in Leeds who was also with us on Wednesday, told the BBC that he had faced three serious assaults in five years He had been bitten, head-butted, and threatened with a knife. Members of West Yorkshire fire and rescue service have also reported being subject to assaults. On bonfire night, the service received 1,043 calls, with crews attending 265 incidents. It was disgraceful that, faced with such pressures on the busiest night of the year, firefighters in West Yorkshire were subject to 19 attacks overnight.

The Bill would also cover assaults on prison officers. Over the past 15 years, there has been a steady but dramatic increase in the number of reported incidents of prison officers being spat at or bitten. We should bear in mind that anyone can spit. People do not need to go to the trouble of acquiring or fashioning an offensive weapon in order to inflict life-changing consequences on another person; they can simply use their own bodily fluids. Regardless of whether the spitter has a communicable disease, the inability to determine that at the time of the incident leaves emergency service workers with no choice other than to undergo antiviral treatments and face an agonising six-month wait. When I checked with the Prison Officers Association, it confirmed that a prison officer would be expected to be at work during the intervening time, and—unlike those in the other services—might be asked to return to his or her duties on the same wing, to face the spitter every day of that agonising period.

When I was growing up, my mum was a nurse and my dad was a police sergeant. When she was working in A&E, someone tried to kick my mum in the stomach while she was pregnant with me. My dad received a bravery award following an incident when he came home absolutely black and blue after a violent offender had resisted arrest. I am pleased to say that he succeeded in making that arrest.

This is not a new issue, but in my time as an MP I have seen that the threats facing our emergency service workers are more prevalent than ever. If we do not take this opportunity to act, we shall be letting down some of the bravest in our society and those on whom we all rely the most. I am very pleased that the Government recognise that fact, and that we are, I understand, working together to deliver changes that would go some way towards giving our emergency service workers the protection that they need in order to do their jobs and keep our communities safe.

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[Chris Bryant]

I have inadvertently misled the House. Earlier, I suggested that I could not change the long title, but I could change it in Committee.

Incidentally, I was trying to say earlier that hon. Members do not have to keep on saying thank you to me and my hon. Friend the Member for Halifax (Holly Lynch).

[Holly Lynch]

Steady on.

[Simon Hoare]

Inadvertently, the hon. Gentleman—in his usual humble, don’t look at me, I’m pretending not to be here sort of way—has drawn attention to the hon. Member for Halifax (Holly Lynch). I know from talking to my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and to my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), when he was the Policing Minister, about the important work the hon. Lady has done on this proposal, and she deserves the thanks of the House.

It is great that the hon. Gentleman has confirmed that the long title can be changed. I just wonder whether it should refer to assaults on “public service workers”. There are a number of categories of people I do not think anybody would seek to demur from including. This is not a full list, but they might include social workers, as several Members have mentioned; psychiatric nurses, particularly when they are on an interaction; those who work for Border Force; people involved with public transport; and our local authority staff. We talk about ambulances, but I am not quite sure whether those who volunteer for St John Ambulance would be covered.

--- Later in debate ---

[Matt Warman (Boston and Skegness) (Con)]

I rise to make three points in welcoming this Bill and seeing, I hope, the House at its best in coming together on something that we all clearly agree on.

On Friday night, three police officers were injured breaking up a brawl in Boston, one of them seriously. Subsequent comments on Facebook included, “The only thing I’m disappointed in is that the other two coppers didn’t get knocked down as well.” While there were more responsible people saying, for example, “Police officers are willing to help anybody and that’s why they put on their uniform”, that underlines why such legislation is necessary. We tell ourselves in this place that everyone is on the side of our public servants, but frankly that is not always the case. I pay tribute to Constables Mike Redfern, Michael Rooke and Dan Lewis, who were injured on Friday night in the course of their duties. This legislation is clearly vital.

Much has been said about the definition of an emergency worker, and it will surprise nobody that I would like to chip in a couple of extra suggestions. I agree with a lot of what has been said about social workers. I would add—not simply because my mum was a nurse and I am married to a doctor—that our general practitioners are often at their most vulnerable when they are alone in a room with a patient who may be seeking emergency treatment with an on-the-day appointment. I urge the hon. Member for Rhondda (Chris Bryant) and the Minister to consider whether workers in the NHS more broadly, who are often also providing emergency care, should be considered in this. I think, having declared my interest, that particular consideration should be given to GPs, because they are often particularly vulnerable.

It is extremely good news to see the inclusion of prison officers such as those serving at North Sea Camp prison in my constituency, and the RNLI, which does hugely valuable work on a voluntary basis. In Lincolnshire we are lucky to have an RNLI that thrives and does exceptional work. Apart from having to deal with prank calls, they often find that the people who benefit from their work, in sometimes extraordinary circumstances, do not always appreciate it as much as they should.

[Holly Lynch]

The hon. Gentleman is making an incredibly powerful speech. He makes a very valid point about the RNLI. I recently visited the RNLI at the Tower on the Thames and saw the unique circumstances that it faces. Predominantly, people end up in the Thames because they are under the influence of drugs or alcohol, or because they have attempted to self-harm or commit suicide, and the RNLI meets a great deal of resistance from the people it seeks to assist. I am really pleased that we have been able to incorporate protections for it within the Bill.

[Matt Warman]

I absolutely agree. It is a testament to the thought that has already gone into this Bill that we are not asking whether we should add the RNLI. However, the hon. Member for Rhondda was right to say that while we might wish to protect every public servant in one go, there is a risk that the Bill becomes a sort of spine on which we hang a huge number of professions. We do not want a whole load of unintended consequences when, as I think we all agree, this is a very good Bill for us all to support. The more we can do that, the better a place we will end up in.

I welcome this Bill hugely. I very much hope that it can be refined in Committee. I put in a special word for my wife, specifically, and for GPs in general.

Prisons and Courts Bill (Fourth sitting)

Holly Lynch Excerpts

Committee Debate: 4th Sitting: House of Commons
Wednesday 29th March 2017 Public Bill Committees

[The Chair]

With this it will be convenient to discuss new clause 6—Testing prisoners blood following assault—

“Testing prisoners blood following assault

‘(1) The Prison Act 1952 is amended as follows.

(2) After section 16B insert—

0 “Power to test prisoners blood

‘(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of blood for the purpose of investigating assaults including spitting and biting, carried out by the prisoner.

(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power—

(a) to require a prisoner to provide a sample of urine, whether instead of or in addition to a sample of blood, and

(b) to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of blood, a sample of urine or both.

(3) In this section—

“authorisation” means an authorisation by the governor;

“intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984;

“prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991;

“prison rules” means rules under section 47 of this Act”

(4) A person commits an offence if that person fails to comply with requests to provide samples under subsection (2).

(5) A person guilty of an offence falling within subsection (4) shall be liable on summary conviction to—

(a) imprisonment for a period not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.””

This new clause to the Prison Act 1952 gives prison officers the power to require a blood sample where the prisoner is accused of certain assaults.

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Stringer, and I take this opportunity to put on record my thanks to the outstanding Library and Clerks, who have been incredibly helpful in assisting me in preparing the new clause. I support new clause 6. In the event that a prisoner spits at or bites a prison officer, the new clause would give the prison governor the power to request a blood sample from that prisoner. Refusal to provide a sample would become an offence in and of itself.

The new clause follows similar work that I have been doing with police officers and other emergency service workers, where spitting and biting have been on the rise as a means of assault. Not only is it a horrible act, but spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. Arina Koltsova, a law enforcement officer in the Ukraine, died just last year after contracting tuberculosis from an offender who spat at her while she was trying to arrest him. I have sought practical and proportionate ways to improve the situation for those who face such risks as part of their job.

--- Later in debate ---

[The Chair]

Order. When we have exhausted the debate, we shall vote on clause 22. The vote on new clause 6, if there is one, will happen later in the proceedings.

[Holly Lynch]

I thought that the Minister’s response was constructive, and I am grateful. I want to respond to some of the issues he raised; I hear his concern. The new clause is about an extension of the powers to test, which currently have a focus on drugs, and on identifying them in a prisoner’s system; however, there is a key gap with respect to identifying whether someone has a communicable disease.

As to the intention, I appreciate that the evidence in question could contribute to a case brought against a prisoner for biting or spitting at a prison officer; however, it is about establishing in a timely way whether a prison officer would need to embark on anti-viral treatment. That is our key focus. I entirely agree that prison officers would not be qualified to take blood samples from a prisoner and should not do it; what was done would need to involve NHS-qualified staff.

I understand the Minister’s points about shortcomings in the drafting of the new clause, but I am not entirely satisfied that the measures that he has outlined deal with the issue comprehensively enough; we shall therefore reflect on that before there is an opportunity to vote later in the proceedings.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Guy Opperman.)

Prisons and Courts Bill (First sitting)

Holly Lynch Excerpts

Committee Debate: 1st Sitting: House of Commons
Tuesday 28th March 2017 Public Bill Committees

[Suella Fernandes]

Q My second point I would like to raise with all members of the panel relates to health and mental health provision in the Bill and also in the White Paper. In those, there is considerable detail on how governors can work together with the local clinical commissioning group or other health providers to assess the health needs of prisoners, co-commission services and assess quality of performance, instilling a bit more responsibility and flexibility in the system to safeguard health and mental health concerns. I would like the panel’s views on the mental health and health provisions.

Joe Simpson: When you are bound to outside agencies, especially in prisons, they are not there 24/7. The only people who are there 24/7 are prison officers and prison staff. One thing that we are going on from mental health is also social care in prisons. We have a lot of older prisoners who need more social care. Between the hours of 7 o’clock at night until 7 o’clock the next morning, they do not have access to that, and we do not have access to that as prison staff. We have no training whatever in order to assist prisoners who have those needs.

Mental health and health wellbeing should start on reception at the prison, when the prison officer brings the prisoner into prison, goes through the reception process and then passes them on to our colleagues for the mental health check. From that should come a plan of care, but that is not there, for the simple reason of time—“Let’s get them through because staff need to get off,” or, “We need to do this; we need to do that.” It is constant pressure on the regime and having the staffing available to do that.

If you are dependent on an outside agency that has its own staffing problems, it is not going to be done. That is the frustrating part from our members’ side. They identify a problem and nothing seems to be done for two or three days because we cannot get that expertise in. Why not utilise the person who is already there—the prison officer—and train them to do those duties, so that we can give better mental health care and increase wellbeing?

[Holly Lynch (Halifax) (Lab)]

Q May I return to the issue of prison officer safety? I have tabled some new clauses that I hope will be helpful in that regard. On Second Reading, we touched on the issue of a prison officer being assaulted in prison by a prisoner. Is that referred to the police, followed up by the Crown Prosecution Service and taken to court, or is it dealt with internally within the prison? What is your experience of the decision making around that process, and what would be the preference of the Prison Officers Association for dealing with those types of incidents?

Joe Simpson: Our view is that somebody who assaults our members should be punished. As for the question of who does that, we are not really bothered. Our experience, and my members’ experience, of the police and CPS is actually getting a policeman in to do the investigation. More often than not, what comes back from the CPS is that it is not in the public interest, because that person is serving a sentence and in prison anyway. That demoralises our members. They feel as if they go to work and they are just punchbags. There was a big campaign by the trade union to try to change people’s thinking on that, because we work behind a wall—people do not look in and we do not look out. We would like our members to be protected by the law and to be taken seriously when they are assaulted at work.

Some incidents are serious physical assaults, but you also have to look at the mental aspects, especially in relation to spitting and biting. Let us say that a prison officer is bitten. We do not know the prisoner’s history. We do not know whether they have any blood-borne disease or anything like that. The officer then has to spend six months on antiviral treatment and everything like that, and along with that goes the mental anguish, not just for the member of staff, but for their family, because they cannot interact properly with their family for six months. That leads to its own problems: high rates of divorce, cases of alcoholism and people just not wanting to come to work. That develops into mental health problems. While they are in the service, they are looked after, but once they are dismissed by the service, all that assistance stops, because the employer turns round and says, “Well, we’re no longer responsible for that care.” Sometimes we are putting really poorly and ill prison officers back into society with no assistance whatever, because of something that has happened in the course of their work.

One of the most disgusting things ever is potting. It is especially the female members of staff who are targeted. A prisoner or prisoners will fill a bucket or whatever with excrement and urine, wait for the officer and then tip it over them. We are seeing an increase in that, because prisoners seem to think that it is more acceptable than hitting a member of staff or hitting a female member of staff. They still see that as a bit of a taboo subject, but that is starting to break down. They are not just targeting male staff; they are now targeting female staff as well, especially with potting, which is absolutely disgusting.

[Holly Lynch]

Q Mr Lomas, when you do inspections of prisons, is how assaults on prison officers are investigated something that you would look at?

Martin Lomas: The specific technicalities of how they are investigated, no, but the fact of assaults on staff, yes, it is something we would look at. We would look to disaggregate the data to see whether we can get any learning from them, so we would look at fights and assaults—prisoner-on-prisoner assaults and prisoner on staff. There is no doubt that violence is increasing across the three, but it is notable that violence against staff is increasing; it has increased quite markedly in recent times. At an anecdotal level, we watch videos to try to get some sense of the—this is an unfortunate word—quality of the violence, and yes, some of it can be quite disinhibited, concerted and reckless. There was a case recently in which a member of staff in a midlands institution was very severely assaulted and hospitalised. They went through considerable trauma; the case has been reported in the media.

Yes, we report on violence as a feature of relationships between staff and prisoners, but the questions about policing priorities in a certain area or the decisions of the CPS in terms of public interest and what have you are matters that they would need to account for. But yes, we believe that staff should be supported and that prisons should be safer, and we believe the Bill is a positive measure in supporting that endeavour.

[Holly Lynch]

Q Can I press you on that point? Do you think this is something that you should be looking at in that case? It sounds as if you are collecting the statistical data about frequency, but not doing the follow-up about how violence is investigated to see whether there is evidence about how deterrents should be in place, for example.

Martin Lomas: We look at outcomes. The process of investigation and whether the investigation was competent, whether the police should be more engaged and certainly whether the CPS should have charged—we would not look at that.

[Mr Gyimah]

Q I would like to ask a question and get the panel’s views about accountability in the new prison system and how that works. Starting with Mr Lomas, what difference do you think the Bill will make to the effectiveness of the prisons inspectorate? Could you also comment particularly on how you see the notification trigger being used?

Martin Lomas: We think this is an important step forward. We think the Bill is helpful and useful. We have already talked about what it says to those who run institutions, with regard to their purpose and what they are meant to be doing. As far as the inspectorate is concerned, we believe it strengthens our institutional framework. It recognises us formally as an entity and clarifies our powers. At one level, those powers have not changed, but the Bill clarifies them, which is important in terms of asserting our independence and reflecting the public’s understanding of what we are about. We believe that the reference to OPCAT—the optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment—is absolutely critical in emphasising the independence of the inspectorate and consequentially its authority and ability to speak to issues and to all stakeholders, including the Government and others.

We believe the specifics around the requirement to respond on recommendations—reflecting current practice, but raising the importance of the process, formalising it, and making it more accountable—is a very big step forward in terms of our impact. Added to that, the notification arrangement and the significant concerns that are referred to again reflect practice. We would not walk away from a disastrous prison and not do something. We do act, and in fairness to the National Offender Management Service as it is now—Her Majesty’s Prison and Probation Service—it does respond in those circumstances. This is about making that process more transparent and accountable and putting names to the responsibilities. It is most definitely a step forward.

Rachel O'Brien: I agree with all of that. We recommended that stronger role for the inspectorate. There is a question about what happens in between inspections; that is sometimes a bit strange. There are top-level things that drive change for the three or four years in between. That is a question that we did not answer. We looked at the possible role of the independent monitoring boards, for example, to look at the more institutional day-by-day changes in the shorter term, but also new issues that might come up. The danger is that sometimes we say, “Those are the three priorities” and meanwhile something changes over here, in the local drugs market or whatever it is, so there is a question about what happens in between.

My overall accountability freedom issue would be that I worry about the balance. There are a lot of new accountabilities, still from the top-down league tables. Are those governors and new group directors going to have sufficient freedoms to make local decisions? That is the key question. That cannot be defined in primary legislation; it is much more about the narrative coming out from Government and so on.

Joe Simpson: The POA welcomes the changes, but do not think they go far enough, both for the chief inspector and for the Prisons and Probation Ombudsman. We would like to see the same legislative powers given to them as the Health and Safety Executive. If someone is going to inspect prisons, then inspect prisons and everything that goes on. If there are recommendations, someone should turn round and say to the governor “You are not doing something right.” If we are giving governors autonomy, it is not the Secretary of State who is running the prison—it is the governor. He is the employer and the person who is in charge of that prison, so they should get the 28-day notice. What is the point in putting that all the way back up for the Secretary of State, so that she can say, “Yes, we have an action plan”? We would rather see something coming from the chief inspector of prisons go to the governor to improve things, and if they do not improve them, the legislative powers akin to the Health and Safety Executive given to the chief inspector and the PPO. If we are going to have independence—the independent scrutiny of prisons and the independence over deaths in prisons—they should have that legislative power to turn round and make things change, rather than wishing for it.

Prisons and Courts Bill

Holly Lynch Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

It is an honour to follow the hon. Member for North West Norfolk (Sir Henry Bellingham), whose speech was very articulate. I am grateful for the opportunity to speak in this debate ahead of serving on the Bill Committee over the next few weeks.

With the Government’s White Paper, which was published in November last year, and the Bill before us today, I welcome many of steps being undertaken to get to grips with the challenges in our prisons and the justice system more widely. Greater scrutiny and more transparent allocation of responsibility are positive steps but, as others have already said, the Bill will succeed only once we have comprehensively got to grips with overcrowding and safety in our prisons. Without an effective, functioning prison system with reform at its very core, the wider justice system simply fails to function. When he appeared before the Justice Committee back in November, the Minister for prisons and probation admitted that all the numbers relating to prison violence, self-harm and deaths in custody are pointing in the wrong direction. I shall therefore use my role as constructively as possible to make sure that the Bill goes far enough and fast enough in improving those numbers.

In part because of several high-profile incidents, Members will be well aware of the prevalence of overcrowding in prisons, which is so commonplace that it sadly now seems to have become institutionalised in the justice system. When they gave evidence to the Justice Committee, both the Minister and the chief executive officer of the National Offender Management Service were in agreement that overcrowding has been a sustained problem for the past decade. The prison population rose from 43,000 in 1993 to just over 84,000 in 2016. Despite this increase, the number of uniformed prison officers tasked with managing and caring for those in prisons has decreased. Following the closure of 18 prisons since 2010, the prison estate has seen a reduction of around 6,000 places, at a time when the prison population is increasing. Although there are plans for new prisons and extensions at existing sites, at this rate such measures will not alleviate overcrowding in this Parliament or the next.

Overcrowding is a problem in 69% of prisons—that is 80 out of 116 establishments. My nearest prison, HMP Leeds in Armley, is one of the most overcrowded in the country. The Prison Reform Trust found that although it was built to accommodate 669 men, as of October 2016 it held 1,145, meaning that it is populated at 171% of its intended capacity. What is the impact of overcrowding on the conditions inside prisons? We have already heard statistics from the House of Commons Library, which reveal that, in the 12 months to September 2016, the number of prisoner-on-prisoner assaults increased by 31% on the previous year, with just over 25,000 recorded incidents. There were nearly 38,000 incidents of self-harm, which is an increase of 61% compared with 2006. In the 12 months to December 2016, there were 354 deaths in custody, 34% of which were self-inflicted and 1% the consequence of homicide.

A report by the Prison Officers Association revealed that there are more than 42 incidents of violence in prison establishments every day. Given, as the Minister said, that all the numbers by which we measure the effectiveness and safety of our prisons are pointing in the wrong direction, it is perhaps surprising that we have seen a reduction of 7,000 prison officers since 2010. I appreciate that the Government have closed 18 prisons in that time, but the prison population has still increased. In fact, it peaked at an all-time high in 2011. By any analysis of prisoner to prison officer ratios, the number of officers will surely be found to be inadequate to meet the challenges, and I support the call from my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) to look at how we can introduce ratios into the Bill.

I welcome the decision announced in the White Paper to recruit 2,500 more prison officers, and I am glad that the Secretary of State was able to tell us more about that recruitment process, and that 400 more prison officers have been recruited for the 10 most challenging prisons, but I hope that the Minister can go further in outlining what the next steps will be in recruiting for the remaining 2,100 posts.

Michael Spurr, chief executive officer of the National Offender Management Service, confirmed to the Justice Committee in November that the rate for new prison officers leaving within their first year is 13.5%, and has been as high as 16% in the past three years. I would be interested to know whether the Secretary of State has factored in that retention rate when recruiting those new officers. If 13.5% of the 400 already recruited leave within their first year, we will need to find 54 additional officers. I have set out the context not simply to make the case for sufficient prison capacity to meet demand, but to make the case for my amendments on prison officer safety, which is an area in which this Bill could go much further.

My right hon. and learned Friend the Member for Camberwell and Peckham talked about how two officers were left to cover a wing of more than 150 prisoners. Members can appreciate that sense of being outnumbered when they think about the reality of those figures. What needs to change to make sure that prison officers do not leave in their first year, are safe at work and are staying in post until retirement? Colleagues will be aware that, since having had an eye-opening experience while shadowing a lone police officer in my constituency last year, I have been campaigning for greater protections for emergency service workers, and prison officers are no less deserving of those same protections.

A report by the Prison Officers Association revealed that eight staff members are assaulted every day and that, in 2010, there were 24 sexual assaults against prison staff. That is just unacceptable. Section 8 of the Prison Act 1952 says:

“Every prison officer while acting as such shall have all the powers, authority, protection and privileges of a police constable.”

In the event that a prison officer is assaulted, and where the evidence affords, the prosecutor has a choice between pursuing common assault charges, under section 39 of the Criminal Justice Act 1988, or assault police charges under section 89 of the Police Act 1996. Assault police is a summary only offence and as such carries a maximum of 24 weeks custodial sentence, with community resolution orders and fines the most common outcome. I will not share the details now, but I can recommend the report “Prison Violence—How serious does it have to get”, which is published by the Prison Officers Association, for harrowing testimonies from prison officers, complete with photos of their injuries. It is well worth a read if anyone is in any doubt about the need for having the toughest possible deterrents in place to protect prison officers.

[Philip Davies]

I commend the hon. Lady for all her work on this matter and also with regard to police officers. It is very much appreciated by them. She says that the number of assaults on prison officers is going up, but is she also aware that the number of extra days given for the assault of a prison officer by a prisoner is going down? The average number of extra days given for a prisoner assaulting a prison officer was 20 five years ago, and it is just 16 now. Does she agree that that is completely inadequate punishment for a prisoner assaulting a prison officer?

[Holly Lynch]

I completely agree with the hon. Gentleman. I wonder whether the pressures of overcrowding are starting to reflect in those sentences handed out in prisons, which do not then serve as a proper deterrent. I would be more than willing to consider that point and others when we debate the Bill in Committee.

This is why I am calling on the Government to consider making it an aggravating factor to assault a prison officer under existing common assault, grievous bodily harm, actual bodily harm and malicious wounding charges. That would give the judiciary much greater flexibility when considering sentencing. Sentencing must be about effective deterrent. It is about not exacerbating the existing conditions in prison, but ensuring that there is a real incentive not to assault officers.

There is also the practice of “potting”, where urine and faeces are thrown at a prison officer as a means of assaulting them—it seems to be female prison officers who are singled out for this treatment—and it is simply horrific. Those acts must be followed up and charges brought against every individual who engages in that activity. It is no wonder that there is a 13.5% drop-out rate in the first year when that is what we ask our prison officers to face every day they go to work.

The second part of my campaign relates to spitting. As well as being horrible, spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. In presenting my ten-minute rule Bill, which addressed that very issue, I shared with MPs the story of Arina Koltsova, a police officer in Ukraine who died after contracting tuberculosis from an offender who spat at her while she was trying to arrest him. At the moment, if a prison officer or any other emergency service worker is spat at, they can take a blood sample from an individual only if they give their permission. Needless to say, in most cases in prisons, prisoners are deliberately seeking to inflict the maximum distress on a prison officer, and so decline to provide a sample. This then leaves the prison officer or staff member with no choice other than to take anti-viral treatments and face a six-month wait.

To address this issue, I have looked to laws in Australia where refusal to provide a blood sample can result in a fine of 12,000 Australian dollars and a custodial sentence. Adding such a measure to the Bill would mean that to refuse to provide a blood sample would in itself be a crime, punishable by a fine or an additional custodial sentence. If a prison officer has already had to endure being spat at or bitten, this measure would hopefully save them having to endure a six-month ordeal waiting to see whether the consequences are much more serious. I hope to demonstrate the merit of these amendments in Committee and hope that the Government will work with me on these measures.

On behalf of my hon. Friend the Member for St Helens North (Conor McGinn), who cannot be in the Chamber today, I wish to raise his commitment to Helen’s law, which would deny parole to those convicted of murder who refuse to reveal the location of their victim’s remains. He will be seeking to build support for that change and amend the Bill to that effect, and I will be supporting him in doing so.

I have been particularly animated about the closure of both the magistrates court and the county and family court in my constituency. I am grateful to the Minister for Courts and Justice for keeping me informed about this Bill. He knows that I am particularly passionate about the provision of justice.

Last week, having attended the briefing on the sweeping reforms to access to justice, I can see that there is a lot to be optimistic about. When starting from a position of what is best practice for supporting vulnerable victims and witnesses through the justice system and when giving evidence, I accept that our old-fashioned court buildings and outdated systems are just not up to the job. However, having accepted some of the reasoning for the closure of the courts—to facilitate this revolution in access to justice which promised to make justice more available than ever before—what happened in Halifax was that the courts closed, and people now have to travel much further than ever before to attend old-fashioned court buildings and use outdated systems. With a six-year roll-out on the measures that we are all looking forward to seeing, my experience in Halifax is that there has been a massive step backwards in justice provision in the intervening years. I have engaged with this process, accepted that there were inefficiencies across the two courts, and even lobbied to merge them, which would have returned a cost saving for Her Majesty’s Courts and Tribunal Service.

I visited Kent police’s excellent video-enabled justice system, and bought the Government’s arguments, but, through no lack of trying, I have failed to get HMCTS to engage with me on how technology can be used to the benefit of my constituents and to deliver a justice system that is indeed fit for purpose. I am really grateful that the chief executive of HMCTS, Susan Acland-Hood, has offered to meet me to discuss this matter further, following similar pleas that I made at that briefing hosted by the Minister for Courts and Justice last week. I genuinely hope that we can get a video hub in place to mitigate some of the impact of the court closures in Halifax.

I genuinely welcome the move to introduce modern technology into the justice system, so that vulnerable victims can record their evidence just once to save potentially painful and unnecessary repetition; so that we can cut down the time spent by police officers in court; and so that justice can be accessed on an iPad in a front room. Such changes would be fantastic. I will use my time in Committee to outline examples of where court closures have left a void, which this Government have failed to bridge, and work towards practical measures for delivering a better service as soon as possible.

I look forward to examining and debating the Bill in more detail in Committee. I welcome many of the measures. While the situation remains so pressing—I would go so far as to say pretty desperate—in some of our prisons, the pressure to get this right and quickly weighs on us all. I intend to work constructively to firm up the Bill as it relates to prison officer safety. Given the recruitment and retention pressures they face, I hope that the Government will be receptive.

Attacks on NHS Staff

Holly Lynch Excerpts

Monday 27th February 2017 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

May I join colleagues in saying what a pleasure it is to serve under your chairmanship, Mr Gray? I hope that right hon. and hon. colleagues from across the House are familiar with my “Protect the Protectors” campaign, and I am truly grateful to the many who have lent it their support. As part of that campaign, I have lobbied for protections that would cover all emergency service workers and NHS staff. I will outline what needs to change and how we should go about it.

My campaign started last summer after I spent a Friday evening in August on patrol in my constituency with West Yorkshire police. I joined PC Craig Gallant, who was single crewed and responding to 999 calls. When a routine stop quickly turned nasty, I was so concerned for his safety that I rang 999 myself to stress just how urgently he needed back-up. Thankfully, other officers arrived at the scene shortly afterwards to help manage the situation. Although, amazingly, no injuries were sustained on that occasion, I saw the dangers for myself and understood just how vulnerable all emergency service workers are, especially when they are out on their own.

Since being elected in May 2015, I have spent time shadowing all the frontline services in my constituency to understand the work they do and the pressures they are under, and to inform my work here on their behalf, but I confess that I am also the daughter of a retired police sergeant and a nurse. [Hon. Members: “Hear, hear!”] Thanks very much. Both my parents were subject to abuse in their roles as public servants, so I feel very strongly about this issue. I have done shifts with the emergency services—the police, the fire and rescue service, and paramedics—and spent time with doctors and nurses in A&E. I also spent a Friday night with out-of-hours mental health services and I will spend a day with the local search and rescue team in the next few weeks. May I take this opportunity once again to pay tribute to the work that they all do? Behind their uniforms, they are incredibly brave and dedicated individuals who, regrettably, face risks almost daily that they simply should not have to face.

Our emergency services and NHS staff routinely go above and beyond their duties to keep the public safe, and the law must convey in the strongest possible terms how unacceptable it is for someone to set out deliberately to injure or assault an emergency responder or NHS worker. As we have already heard, NHS Protect figures show that there were 70,555 assaults on NHS staff last year—a significant increase on the year before. A report published just before Christmas by Yorkshire ambulance service revealed that its staff face violence and aggression weekly. There was a 50% increase in reported incidents of verbal and physical attacks on staff, with 606 incidents reported in 2015-16. Richard Bentley, a paramedic in Leeds, told the BBC that he had faced three serious assaults in five years. He had been bitten, head-butted and threatened with a knife.

I sought to do something about that unacceptable violence directed at our most dedicated public servants by drafting a ten-minute rule Bill, which I presented in the Chamber earlier this month. The Crime (Assaults on Emergency Services Staff) Bill would extend protections to all emergency service workers and—crucially in relation to this debate—would cover paramedics, doctors and nurses.

The petition, which was launched on 22 December by LBC presenter Nick Ferrari—I commend Mr Ferrari and LBC for their role in this campaign—calls on the Government to make it

“a specific criminal offence to attack any member of NHS Medical Staff.”

However, in consultation with several bodies representing all the emergency services workers with whom I have spent time, I agreed that it would make sense to seek to amend existing legislation to make assaulting an emergency service worker or NHS worker an aggravating factor in existing criminal charges, for several reasons.

[Alex Chalk (Cheltenham) (Con)]

The hon. Lady is making a powerful speech. It goes without saying that assaults on NHS staff are appalling, but does she agree that our NHS staff want to know that any changes will make a meaningful difference to their safety and to enforcement? Given that the maximum penalty for assault of a police constable is six months, which is the same as the maximum penalty for common assault, I query whether a change in offence would actually make a difference. The key is enforcement. People want to know that if they are attacked, the police will come around, make arrests and throw the book at the people who did it.

[Holly Lynch]

I will come on to some of the problems that we identified with the stand-alone assault police charge, which led us to seek to amend existing legislation. The hon. Gentleman makes an interesting point, which I will come on to in more detail.

The petition states that for

“twenty years it has been a specific offence to attack a Police officer conducting their duties”

and refers to section 89 of the Police Act 1996, which deals with assault police charges. However, although that section sets a precedent for making assaulting a particular sector of public servants a stand-alone offence, it was precisely because of that legislation’s shortcomings that we sought to do things differently and more comprehensively.

Assault police charges are summary only, so are triable only in a magistrates court. As the hon. Gentleman rightly says, the maximum custodial sentence for even the most serious assault police charges under section 89 —so-called category 1 offences—is 24 weeks, with offenders more likely to receive a fine or community order. Even if someone is given a custodial sentence for a category 1 offence, the sentencing guidelines for section 89 offences propose three questions:

“Has the custody threshold been passed?…if so, is it unavoidable that a custodial sentence be imposed?…if so, can that sentence be suspended?”

To me, none of that reinforces the seriousness of the crime or, more crucially, acts as a deterrent. I have seen examples of repeat offenders who, due to the problems with the assault police charge, have effectively collected suspended sentences. I share that information simply to explain why I have arrived at my proposals, which I believe would make our emergency services and NHS workers safer in their roles.

My Bill would make offences including malicious wounding, grievous or actual bodily harm and common assault aggravated offences when perpetrated against a police constable, firefighter, doctor, paramedic or nurse in the execution of his or her duty or, significantly, against someone assisting such persons in the execution of their duty. It would therefore cover NHS staff more broadly, which my hon. Friend the Member for Heywood and Middleton (Liz McInnes) mentioned. The Bill would ensure that tougher sentences were available to the judiciary when sentencing someone convicted of assaulting an emergency responder or NHS worker. As I said, the sentences handed down to offenders convicted of such acts must reflect the seriousness of the crime and, more crucially, serve as a tough deterrent to dissuade others from even considering committing such violence towards NHS workers in the first place.

[Alex Chalk]

The hon. Lady makes a really interesting point, but the maximum penalty for causing grievous bodily harm with intent is life imprisonment in any event, and judges have sufficient sentencing powers to reflect the gravity of the aggravating factor of the attack having been on a public servant. Given that judges already have certain sentencing latitude, how would she change things?

[Holly Lynch]

I welcome the hon. Gentleman’s intervention. It is perhaps just an issue of clarity and the weight that comes with such uniformed service roles. Perhaps the problem is as simple as someone who is particularly angry and comes into an A&E department and lashes out at an NHS worker, not understanding that deterrent. We must explore how to ensure that that deterrent is understood by people who arrive at A&E departments.

[Mr Jim Cunningham (Coventry South) (Lab)]

I am not a lawyer, but in response to the hon. Member for Cheltenham (Alex Chalk), although it is quite true that someone could get a life sentence, most judges use a scale that depends on the seriousness of the crime. As far as I am concerned, six months is too low to be a deterrent for such crimes, whether they are committed against national health service workers, policemen or public service workers. The sentence should be higher, and judges can be guided on that—the scales can actually be altered.

[Holly Lynch]

My hon. Friend is right. That is exactly my concern with the assault police charge, which I have explored in detail through my “Protect the Protectors” campaign. The maximum sentence for that charge does not seem to reflect its seriousness. We have to look at all the options available for sentencing.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Hon. Members have mentioned that Scotland already has the Emergency Workers (Scotland) Act 2005, under which the maximum sentence for common assault is 12 months and the maximum fine is £10,000. That is about twice the general range in the rest of the UK. In Scotland, serious assaults like some of those that the hon. Lady describes are charged not under that Act but as serious assault, GBH or attempted murder, so the Act is very much for common assault.

[Holly Lynch]

I thank the hon. Lady for that intervention. Again, in assault police charges we found that people were being sentenced under other crimes, which distorted the collection of information on frequency and prevalence of people committing those acts and brought into question the need to have a stand-alone assault police charge, if it is not effective in that regard. I approached the matter by asking what is the best way to sort out some of those charges, and what can we do? In putting together my Bill, it seemed like this was the best option.

One of the other aspects of my ten-minute rule Bill —it has been touched on already—would require someone who spits at or bites an emergency service or NHS professional to provide a blood sample to determine if that professional is at risk of contracting a communicable disease and would require antiviral treatment. If the Government were to adopt my Bill, it would become an offence to refuse, without reasonable excuse, to undergo such tests, much in the same way as it is to refuse a breathalyser test. That could save someone potentially unnecessary and invasive treatments as well as months of uncertainty and anxiety about whether they have contracted a potentially life-changing disease.

That anyone would assault or spit at an NHS worker is an absolute disgrace. The work that they do, often in the toughest of circumstances, should be met only with gratitude and admiration, never with violence. In seeking to protect them and all emergency service workers and NHS staff, my ten-minute rule Bill aimed to send a strong message. However, while it had cross-party support and proceeded unopposed, I am not naive about the nature of ten-minute rule Bills presented by Opposition Back Benchers; nor am I under any illusions about where we are in the parliamentary calendar. I therefore urge all MPs and campaigners to explore every opportunity to take action and bring about the changes we would like to see.

The spirit of my Bill was to say loud and clear that the public and elected representatives as legislators are on the side of NHS workers, and anyone who deliberately seeks to inflict injury on our medical professionals will feel the full and unavoidable force of the law. I wholeheartedly support any and all means of doing just that.