Assaults on Emergency Workers (Offences) Bill

Huw Merriman Excerpts

Committee Debate: House of Commons
Wednesday 15th November 2017 Public Bill Committees

[Mr Hurd]

My hon. Friend is too generous; I was not actually answering his question, but I will attempt to do so now. His basic question is why does the maximum penalty seem to be 12 months in both the magistrates court and the Crown court? The maximum penalty is in fact six months in the magistrates court and 12 months if dealt with in the Crown court. The provisions of clause 1(4) make it clear that the provisions should be read as six months, to match the sentencing powers of magistrates. That is a drafting provision to take account of provisions in the Criminal Justice Act 2003 that have not been commenced. I hope that gives my hon. Friend some explanation. I am more than happy to tease that out in the Committee and during further proceedings.

I am keen to register the human dimension. The Second Reading debate was incredibly useful in drawing out, constituency by constituency, real human examples of the risks that our emergency workers take on our behalf and intolerable situations they find themselves in. We know those examples instinctively, but it is useful to bring the experiences together in such a debate. That is why the Bill is timely and right. I am sure every single member of the Committee would join me in expressing our gratitude and respect for our emergency workers. The statistics about the number of assaults across the range of emergency workers covered by the Bill are genuinely shocking, and the Second Reading debate brought that through very clearly. It is very clear to me and the Government that emergency workers deserve the full protection of the law. Tougher sentences for assaults on emergency workers send the clearest possible message that that such cowardly and despicable behaviour will not be tolerated.

On Second Reading, we listened to various suggestions for amendments. Concerns were expressed about whether the maximum sentence for the new form of common assault, where the assault is perpetrated against an emergency worker, is harsh enough. An increase for the maximum penalty from six months to 12 months is exclusively for the lowest level of assault, which may not involve any injury, and the act constituting the offence can be as little as a push. The offences of actual bodily harm or grievous bodily harm are more likely to be used if the assault is more severe. Both those offences already have a maximum penalty of five years.

Members also raised the issue of which emergency workers were covered by the Bill. The original definition of emergency worker proposed would mean that many people working in or for the NHS, who are at risk of being assaulted because they have face-to-face contact with patients or other members of the public as a regular part of their job, would not be covered by the extra protections provided by the Bill. We want to ensure that all those working in or for our NHS, providing services directly to the public, who suffer an assault either in the course of doing their job or using their skills to provide emergency care to members of the public while off duty, are given equivalent protections to those working on the frontline in our emergency services. That definition will be considered in greater detail, I am sure, during our discussions.

[Huw Merriman (Bexhill and Battle) (Con)]

Has the Minister assessed whether it makes sense for the Attorney General’s powers relating to reviewing unduly lenient sentences to have some regard to the new offence? I say that because the new offence runs alongside existing offences. I do not wish to change the drafting of the Bill, but I ask the Minister follow how the offence develops, and in the event that the courts are not sentencing as we would like, perhaps he can look at whether the Attorney General’s power should be enhanced to cover the new offence.

[Mr Hurd]

I thank my hon. Friend for that thoughtful intervention, which I recall he also made on Second Reading. I certainly undertake to discuss that point with colleagues at the Ministry of Justice and the Attorney General himself. My hon. Friend will recognise that what the hon. Member for Rhondda is doing through the Bill, which the Government support, is to put in place new measures that complement the existing legislation and send a strong signal to and through the system that we will not tolerate assaults on emergency workers. We are doing that both through the creation of the new offence and through the aggravating factor, which strengthens the hand of the system.

I was talking about how the scope of the Bill has shifted during the course of the debate. In addition to NHS workers, the original definition of emergency workers included prison officers and persons

“(other than a prison officer) employed or engaged to carry out functions in a custodial institution”,

but it did not cover those working in a situation in which a prisoner is being transported—for example, to court—by someone other than a prison officer. We believe it is important that those individuals are covered by the Bill. We will discuss that when we come to the relevant amendment.

Clause 2 creates an aggravating factor, as I signalled in response to my hon. Friend, which will apply to assaults that are not covered by the new offence of common assault against an emergency worker. The Bill places a duty on the court to consider assaults, which include actual bodily harm, grievous bodily harm and manslaughter, committed against an emergency worker as an aggravating factor in sentencing. The offence will therefore be considered more serious and may merit an increased sentence within the maximum allowed for the offence. The sentencing judge must state in open court that the offence is so aggravated. Clause 2 puts the sentencing guidelines on a statutory basis, but with reference to a specific group of people—emergency workers—and for a specific list of assault and assault-related offences.

--- Later in debate ---

[Chris Bryant]

I thought that was an admirably brief intervention, by my standards. The hon. Lady makes two very good points and one with which I disagree. The two on which I agree are that members of the armed forces effectively operating as emergency workers would be covered by the Bill, as would PCOs. I have no doubt about that.

My anxiety is that, if we extend the Bill to all public sector workers, such as refuse collectors, it would be difficult not to include housing officers and a wide range of others. I felt that the specific problem we have now relates to emergency workers and the dramatic rise in the number of incidents is significant. In addition, there is a moral imperative for us to stand by our emergency workers at such a moment. That is why I have resisted suggestions that we should spread further than what I consider to be emergency workers.

I will own up to the hon. Lady that there is one issue that I am not sure we have yet got right and that is in relation to St John Ambulance workers. Everybody thinks of a St John Ambulance worker as somebody who runs an ambulance service. On occasion they would be covered by the Bill, if it were enacted, because they would be commissioned by the NHS to provide ambulance services, or perhaps search services; however, in the mere provision of first aid services, they would not be covered. That could lead to an odd situation where an NHS ambulance was sitting immediately next to a St John ambulance at a football stadium and one set of people would be covered and the other would not. We may need to return to that. However, I do not want to open up to everybody who provides first aid services on a voluntary basis for every charity in the country because that would water down the provision in the Bill.

[Huw Merriman]

rose—

[Wendy Morton]

rose—

--- Later in debate ---

[Huw Merriman]

I did have a further point. I absolutely take into account the need to keep the Bill tight, because otherwise it loses its purpose, but I recall that a key point discussed on Second Reading—I used the statistics myself—was the number of assaults in hospitals, which in four years has risen from 59,000 to slightly over 70,000. What proportion of those 70,000 cases will be covered by the Bill? Those incidents are particularly prevalent in the accident and emergency side, but what about the vast proportion remaining? Would that be something that the Bill could look at in the future to ensure that all NHS staff are protected? Currently they are not.

[Chris Bryant]

Amendment 2, which I am about to speak to, would help substantially. The truth is that we do not know the precise statistic the hon. Gentleman is seeking. We might stand a better chance if we kept the provision in the NHS that gathers such statistics, but unfortunately that is being abolished, so we will rely merely on staff surveys, which are a less reliable means of obtaining information.

The good news is that amendment 2 would extend the definition of emergency worker to include all those providing NHS health services. Incidentally, I understand that the phrase “national health service health services” is slightly clumsy, but it is the only way that we could make it work. Amendment 3 specifies the provision of NHS health services, so amendments 2 and 3 have to be read together. The National Health Service Act 2006 and the parallel National Health Service (Wales) Act 2006 have a different way of defining NHS services from the one I suggested we would proceed with on Second Reading. I will read the definition from the Welsh version, because it is exactly the same as the English one, apart from the word Wales is used rather than England, and I am Welsh. It states:

“The Welsh Ministers must continue the promotion in Wales of a comprehensive health service designed to secure improvement—

(a) in the physical and mental health of the people of Wales, and

(b) in the prevention, diagnosis and treatment of illness.”

Members will acknowledge that that is a broad definition of the provision of NHS services that brings a large number of people into the ambit of emergency workers. If a nurse is working on a hospital ward and someone has a cardiac arrest, it would be difficult to argue that they should not be covered by the Bill. It is the same for a hospital orderly working in the building, taking someone down to theatre or whatever. I am delighted with the way that the Government have helped redraft the Bill through amendment 2. I hope all Members will support amendments 1, 2 and 3 and ensure that clause 3 remains part of the Bill.