Police, Crime, Sentencing and Courts Bill (Fifteenth sitting)

Hywel Williams Excerpts

Committee stage
Thursday 17th June 2021 Public Bill Committees

[Sarah Jones]

My hon. Friend is right. These issues are very difficult and complex, and we have to make sure we get them right, or the impact on our communities will be great.

Black and minority ethnic people were four times more likely to be searched than white people in 2019-20. Black people in particular were nine times more likely to be searched than white people. In September 2020, the Joint Committee on Human Rights heard evidence that an estimated 85% of black people in the UK were not confident that they would be treated the same as a white person by the police. As I am sure most of us with mixed communities have, I have been in primary school assemblies where I have been asked by young boys why it is that they are being stopped and searched. They are even told by their parents to expect these things, and they learn that this is something that happens. We have to address that, stop it, and make sure we do not make it worse through these orders.

HMICFRS says no force fully understands the impact of the use of stop-and-search powers, and no force can satisfactorily explain why ethnic disproportionality persists in search records. Badly targeted stop-and-search serves to reinforce and create the mistrust between those subjected to it and the police. It is clear that the lack of trust and confidence in the police felt by black and minority ethnic people is related to the persistent disparities in stop-and-search rates by ethnicity.

The House of Commons Library says:

“There is no evidence to suggest that BME people are more likely to carry items that officers have powers to search for. Neither is there evidence that suggests they are more likely to be involved in criminality associated with stop and search enforcement…Societal racism and its effects…appears to explain most of the disparity in stop and search rates by ethnicity.”

For a recent Channel 4 documentary, 40 black men who had all experienced stop and search were surveyed. More than half of them had been stopped at least 10 times, and 39 of them had experienced their first stop and search before they turned 18. Three quarters of them had repeatedly been stopped and said that it had negatively affected their mental health. Nearly half of them had previously complained to the police about their treatment, and just three had had their complaints upheld. Jermaine Jenas, who made the documentary, said:

“Take what happened to Jamar, a kid I met, who is respectful and talented. Aged 16, he was walking home from a party when the police stopped him, looking for a young black man reportedly carrying a sword. Jamar was wearing grey jeans, white trainers and a light jacket; the description was of a guy wearing a black tracksuit.

Officers forced him on to his knees in the middle of a road and searched him at gunpoint, a Taser pressed to his neck. Of course, nothing was found. His black friends were handcuffed and held up against a wall; his young white mate walked around filming the whole thing, the police not interested.”

That is a very extreme example, I think we would all say. Like a lot of hon. Members, I have been out with the police when they have done stop and search, and in many cases it is done properly, but we have to watch these things very carefully. During the first lockdown, when the police were much more proactive in going out to try to tackle the crimes, as they had the time to do so—other things were closed, and they had less work—we saw in London a huge increase in stop and search. In itself, that is okay, but London MPs began to see an increase in people coming to us saying that they were being handcuffed as a matter of course at the beginning of the search. We met Cressida Dick and talked about it in Croydon. My local police officers said that something had absolutely happened, and that it was becoming the norm that they were handcuffing people, which they are not supposed to do when they first stop them. The Met is working on that. The IOPC has highlighted it, and the Met has acknowledged it. It is an issue. The point is that people can slip into behaviours that are not right, and we need to keep a really close eye on how stop and search is done.

It is vital that the use of stop and search is monitored properly so that the police can better understand the consequences and reasons for disparities in rates by ethnicity. That is important, and it has been repeatedly raised as a concern by Her Majesty’s inspectorate. In February 2021, it reported that, on average, 17% of force stop and search records were missing ethnicity information. The proportion of search records ranged by force from 2% to 34%. HMICFRS says that the disparity in search rates by ethnicity is likely being underreported as a result, and that no force fully understands the cause. It has repeatedly called on forces to do more to monitor and scrutinise their use of powers.

The Government’s proposed serious violence reduction orders risk further increasing disproportionality in the criminal justice system. Our concern is that they will be pushed through without proper evaluation. Labour wants to ensure that there is a proper consideration of disproportionality before serious violence reduction orders can come into force. The Government should be recording data on the ethnicity of people subject to the orders and analysing the adverse impact of them. They must ensure that all police officers complete the College of Policing training on stop and search before the power can be used in pilot A areas. It is crucial that the pilot is evaluated before any decision to permanently roll out SVROs is taken, and that should include full consultation with the voluntary sector in the communities that are disproportionately represented across the criminal justice system. The courts should have to set out their reasons in writing for issuing an SVRO.

[Hywel Williams (Arfon) (PC)]

Does the hon. Lady share my concern that neither of the proposed pilots will be held in Wales, given the distinct landscape in Wales after devolution and the fact that it has a much higher proportion of incarceration of black people than England?

[Sarah Jones]

The hon. Gentleman makes a very good point. Perhaps the Minister will respond to the point about where the pilots will be and whether there should be one in Wales.

Our amendments seek to make those changes. Amendment 102 would require the Secretary of State to issue guidance on serious violence reduction orders before any pilot could commence. Amendment 103 would ensure that guidance under this clause must include guidance on the intelligence community information and risk factors that are to be considered before an application is made for the imposition of a serious violence reduction order.

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[Victoria Atkins]

Very much so. I am shameless in plagiarising good ideas to protect people across the country. We have worked very closely with the Scottish authorities to learn from them, and from their work in Glasgow in particular, how they have brought down violent crime in Glasgow. The hon. Gentleman rightly identifies that the serious violence duty very much builds on that work, so that we require every single local authority area to look very carefully at what is happening and at how they can identify and address those problems.

[Hywel Williams]

Will the Minister give way?

[Victoria Atkins]

I will but then I must make a little progress.

[Hywel Williams]

Will the Minister address the points that I raised with the Opposition Front Bench about pilots being held in Wales? Was any consideration given to holding pilots in Wales in the light of the distinct situation there?

[Victoria Atkins]

If I may, I will keep that point back for a little later, but I will develop it. I promise the hon. Gentleman that every single constabulary area was considered carefully and we arrived at the result in a data-driven way. I hope to answer that point in due course.

We know that the police see stop-and-search as a vital tool to crack down on violent crime and we have already made it easier for forces to use existing powers, but too many criminals who carry knives and weapons go on to offend time and again, and serious violence reduction orders are part of our work to help to end that cycle.

The orders will give the police powers to take a more proactive approach and make it easier to target those already convicted of offences involving knifes and offensive weapons, giving the police the automatic right to search those offenders. SVROs are intended to tackle prolific, high-risk offenders, by making it easier for the police to search them for weapons.

SVROs are also intended to help protect vulnerable first-time offenders from being drawn into further exploitation by criminal gangs, by acting as a deterrent to any further weapon carrying and providing a credible reason for those young people to resist pressure to carry weapons.

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In selecting these force areas, we were very clear that we wanted a fair analysis of different urban and rural areas, as I say, and of different demographics. We have also looked at the influence of county lines—whether an area is an exporter or an importer—to try to give us a grounding and a good evidence base on which to make proper and valued decisions, in due course, about how the orders can be rolled out. That is why a Wales force is not included. I hope the hon. Member for Arfon accepts that as much as I have valued and enjoyed my visits to Welsh police forces in my time as a Minister, I could not say we had to give it to a Wales force just because it was in Wales, because we are doing it on such a careful, data-driven basis.

[Hywel Williams]

I certainly take the Minister’s point that these things are decided on objective measures. County lines extend into Wales from large conurbations in the midlands and from London. There is one specific point that might be captured were Wales included. It is a comparatively minor and specific point in that in the sentencing code in proposed new section 342A(9) it says that

“the court must in ordinary language explain to the offender”.

I draw the Minister’s attention to the point that in Wales “ordinary language” might mean in Welsh or English.

The Welsh Language Act 1967 says that Welsh and English should be treated on the basis of equality and more recent legislation establishes Welsh as an official language. That free choice of language is pretty subtle and not just a matter of law. Guidance should be given to court officers so that they understand how subtle that might be.

[Victoria Atkins]

The hon. Gentleman raises a good point. I remember visiting Welsh courts and feeling at a great disadvantage that I did not speak Welsh. He raises a serious point. I cannot give confirmation here and now, but I know that we will take that factor into account in due course once the evaluations have been conducted. He makes a fair point and he makes it well.

When Martin Hewitt from the National Police Chiefs’ Council gave evidence to the Committee, he welcomed the piloting of the orders and made the following point, of which we are all aware:

“There is no doubt that there are people who are more violent and have a history of violence, and we do a range of things to try to reduce the number of violent crimes. Our concern is to make sure that there is no disproportionality in the way these orders are used, so we are really keen to work very closely with the pilot site to assess how this can be another tool—and it is just one further tool—in dealing with street violence and violence among younger people.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 13, Q16.]

I thought Mr Hewitt put that extremely well. This is another tool that we want to put forward to help the police deal with violence on the streets around the country.

The pilot will also test the deterrence effect of SVROs. It will trial how we ensure that vulnerable offenders are directed to local intervention teams, test community responses to the orders and examine the potential impact on disproportionality, as well as building evidence on the outcomes for offenders who are subject to an SVRO.

On the point of deterrence, the available evidence suggests that a criminal conviction can prevent reoffending through the deterrent effect, particularly in changing behaviour in more vulnerable offenders, as it could equip them with a credible basis for resisting gang or other peer pressure to carry knives. A recent academic study has shown that individual searches can produce useful results, such as the discovery of contraband materials. It could also be effective if focused on prolific offenders. One of the many reasons for running pilots on the orders very carefully is to gather evidence on their deterrent effect before they are rolled out nationally. We also understand the importance of scrutiny and oversight and stress the importance of being completely transparent about how SVROs are being used, to reassure communities that the orders are being used appropriately. During the pilot, we will work with partners to address those challenges and ensure that the orders are used appropriately and effectively.

We expect all forces to allow stop-and-search records to be scrutinised by community representatives and to explain the use of their powers locally, as the statutory guidance requires them to do. At our request, the College of Policing has updated its stop-and-search guidance to include better examples of best practice for community engagement and scrutiny, and it is available now for all forces to follow.

As required by clause 140, we will lay before Parliament a report on the operation and outcome of the pilot. That brings me to amendment 98, which would prescribe in the Bill the matters to be addressed in the report on the outcome of the pilot. The amendment lists no fewer than 14 matters that would have to be addressed as part of the evaluation. I will deal with some of the specific points, but before doing so, I again wish to reassure the Committee that we want the SVRO pilots to be robust and their evaluation to be thorough. We are still in the early design phase, and although I may not agree with all 14 points listed in amendment 98, many have merit and I can assure Opposition Members that we will take them into consideration as we progress the design work and agree the terms of the evaluation. I will make the general point that it is not necessary to include such a list in the Bill. Indeed, the approach adopted in clause 140 is consistent with, for example, the piloting provisions in the Offensive Weapons Act 2019 in respect of knife crime prevention orders.

We are talking about those matters listed in amendment 98. As part of the pilot, we plan to evaluate the impact of the orders on black and ethnic minority people. When we considered police forces for the pilot, we took into account the demographics of each force, and it is a key reason why we are piloting SVROs in four forces rather than just one—to ensure that we capture sufficient data, including the ethnicity of those given an SVRO, to properly examine the impact on disproportionality. No one should be unfairly targeted by stop-and-search, and safeguards—including statutory codes of practice, use of body-worn video to increase accountability, and community scrutiny panels—already exist to ensure that that does not happen.

SVROs will be subject to the same scrutiny as current stop-and-search powers. As I said, we expect all forces to allow stop-and-search records, including those for SVROs, to be scrutinised by community representatives and to explain the use of their powers locally, as the current statutory guidance on police use of stop-and-search requires them to do. We are also exploring with the four pilot forces how they can make best use of body-worn video—that is absolutely critical, I think, in opening up transparency—and how they can use community scrutiny panels during the pilot.

What is more, during the Committee’s consideration we have contacted all the pilot areas to ask them what plans they have to contact and engage with local charities and people who work with young people to ensure that the community as a whole has an influence on how the pilots are rolled out, and all four forces have confirmed that they are already in contact with them, or are planning to be, ahead of the pilot. Again, I very much hope that that gives reassurance about the direction of travel that we expect from the four pilot forces, and indeed thereafter, when it comes to the use of these orders.

I understand that there are also concerns about mistaken identity and possible methods, such as using stop-and-account, to identify those who are subject to an SVRO. We very much expect police officers to take steps to confirm somebody’s identity on the street when exercising their powers and to be sure that the person they are stopping is in fact subject to an SVRO. It is also important to note that an officer would be acting unlawfully if they exercised the SVRO powers in relation to a person who is not subject to an SVRO. Again, as part of the pilot, we will monitor use to identify any disparities or concerns that may arise about cases of mistaken identity.

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[Sarah Champion]

I do not know the specifics, but I do know a friend whose husband cheated on her, who wanted to change her name before the divorce came through. She used the £15 option; it is just filling out a form and paying the money.

[Hywel Williams]

I would raise a further point. One of the aspects of denial among sex offenders is that they put a psychological distance between themselves and the offence on conviction. That is a subtle driver for people to change their names, quite apart from the wish to offend again and not be detected.

[Sarah Champion]

The hon. Gentleman makes a really interesting point on the psychology, which I had not considered. He is absolutely right.

If the name-change process was well joined up, it would stop the sex offender from successfully receiving a DBS check. Current guidance means that the police can only do that in certain cases—for example, for sex offenders they believe to be at risk of changing their identity or who work in a profession where they have regular contact with vulnerable people. As far as I am concerned, that would be the definition of all sex offenders. The police are encouraged to limit their inquiries to these agencies to avoid unnecessary or high volumes of requests to them.

The guidance states that

“to avoid unnecessary or high volumes of requests to these agencies, enquiries should be limited”

to cases where risk factors apply. I believe that the police should be able to do this for all sex offenders.

The Government have recognised that this is an issue. In response to an e-petition, the Minister said that the Government would like to change the guidance so that only enrolled deed polls are seen as an official name change. This is still concerning, as an enrolled deed poll means that the individual’s old name, new name and address appear in the London Gazette. I ask Committee members to imagine they were fleeing domestic violence and wanted to change their name. How would they feel, knowing that that was going to be broadcast in a place where their abuser would be sure to look?

My suggestion is for all sex offenders to have a marker on their file at the DVLA and at Her Majesty’s Passport Office that would mean that would be flagged on the DBS database. That would remove the onus from the sex offender so that if they breach their notification requirements, the police will know quickly. I accept that more resources would be needed for this to be effective, but surely it is worth more funding to prevent more adults and children from experiencing more traumatic abuse.

There needs be a full review to try to identify the gaps in safeguarding and ensure this cannot go on any longer. New clause 65 is supported by over 35 MPs from across the House, including the Chair of the Education Committee, the right hon. Member for Harlow (Robert Halfon), the Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), and the former Brexit Secretary, the right hon. Member for Haltemprice and Howden (Mr Davis).

Police, Crime, Sentencing and Courts Bill (Thirteenth sitting)

Hywel Williams Excerpts

Committee stage
Tuesday 15th June 2021 Public Bill Committees

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

Good morning, Sir Charles. It is, as always, a pleasure to serve under your chairmanship. Clause 106 is an extremely important clause of the Bill, because it forms a critical part of the Government’s commitment to ensuring that the most serious offenders spend more time in prison, properly reflecting the gravity of their offences, protecting the public and building confidence in our sentencing regime. It does that by abolishing the automatic halfway release point for certain serious violent or sexual offenders and instead requiring them to serve two thirds of their sentence in prison.

This builds on changes made throughout 2020. First, in February of last year, we changed the release provisions for terrorists and terrorist-connected offenders receiving a standard determinate sentence in order to ensure that they serve at least two thirds of their sentence in custody and thereafter are released only when the Parole Board is satisfied that it is safe to release them. Colleagues will recall the Bill that became the Terrorist Offenders (Restriction of Early Release) Act 2020, which we passed in a day in February of last year to prevent repeats of the Fishmongers’ Hall and Streatham attacks. In fact, the first terrorist who might otherwise have been released early was kept in prison just a few weeks after we passed that Bill. The measure was tested in the High Court last summer and found to be lawful when measured against the European convention on human rights. I thought that the Committee might appreciate an update on that.

Then, in April of last year, we laid before the House a statutory instrument—the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020. I will explain what that did. For the most serious sexual or violent offenders with a standard determinate sentence of more than seven years, the automatic release point was moved from half to two thirds, ensuring that those serious offenders spend longer in prison. This clause puts the provisions of that order—a statutory instrument—into primary legislation. Critically, however, it goes further and says that serious sexual offenders and certain violent offenders receiving a standard determinate sentence not just of more than seven years but of between four and seven years will also automatically spend two thirds of their sentence in custody, rather than being automatically released at the halfway point; the release at the two-thirds point will still be automatic. It applies to any sexual offence carrying a maximum life sentence, including rape. I know that rape and related sexual offences are rightly of concern to the Committee, so it is worth stressing that this clause will ensure that rapists spend longer in prison.

[Hywel Williams (Arfon) (PC)]

What assessment has the Minister made of the effect on the prison population, particularly in Wales, which already has the highest rate of imprisonment in western Europe with 154 prisoners per 100,000 of the population of Wales, compared with 141 per 100,000 in England? Given the possible effects of inflation on the length of sentences, what provision will he make specifically for Welsh prisons to cope with that?

[Chris Philp]

We have indeed made such an assessment. We have done it for the whole jurisdiction, and the steady-state impact on the prison population is 255 prisoners. I do not have a breakdown for Wales, but I estimate—this is simply my off-the-cuff estimate—that the portion of that 255 that applies to Wales might be in the range of 10 to 20 prisoners in Wales. That is just my off-the-cuff estimate, not an official figure, so it carries quite an important health warning.

On the prison population impact and prison capacity more generally, the hon. Gentleman will be aware that the Government are committed to building an extra 10,000 prison places to make sure we can cater to increased demands in the Prison Service as we make sure dangerous criminals spend longer incarcerated.

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[Sarah Champion]

It was not my intention to make a speech on this clause, but more questions are being raised than answered, and I hope that the Minister will be able to answer a few of them.

I share the concerns raised by my hon. Friend the Member for Stockton North, and there are many questions, but I have always had a problem with the idea of someone being given a sentence and serving only a third or two thirds of it. I would much rather that it were clear that a sentence was for this amount of time in prison and that amount of time under licence in the community, because I think that would give clarity. My concern about the clause is that it almost creates a hierarchy of sentencing, which I find confusing.

I know well only the behaviour of sexual offenders, and I am yet to find any form of rehabilitation or punishment that effectively changes their behaviour, so I could argue persuasively here that they will always be a danger and that there is always a potential risk. I also believe, however, that we need a justice system that is fair and transparent so that we can follow it, and I am not sure that the clause would allow us to do that. I am concerned that if someone is released at the end of their sentence after serving a full term, the probation, rehabilitation and limits that a licence would put around them might not be there, meaning that their transition into the community is abrupt and does not have the level of support that is needed to curb some people’s behaviour.

I am concerned that the Minister did not once mention whether victims would be consulted. My amendment 145 deals with that. Who could be better than victims and survivors to say whether a person is a danger and to influence the decision of the Lord Chancellor? I am also concerned that there may be subjectivity in decisions made by this Lord Chancellor and future Lord Chancellors—that cannot be allowed to happen. I really hope that the Minister will give some reassurances on the points that I have raised, because at the moment the clause would not be a successful one.

[Hywel Williams]

I want to raise one particular point. Is the Minister aware of the Welsh Government’s recently published race equality action plan, which states its commitment to developing a race equality delivery plan that will address the over-representation of black, Asian and minority ethnic people in the criminal justice system? Indeed, in Wales, more black and minority ethnic people are in prison than elsewhere in the United Kingdom. Does he share my concern that this and other clauses might militate against the policy of the Senedd in Cardiff, a legislative public body that has been democratically elected?

[Chris Philp]

I will try briefly to respond to some of the points raised by Opposition Members in relation to clause 108.

First, on whether the clause somehow infringes natural justice or the ECHR, or imposes a penalty without due process, as the shadow Minister put it, I can categorically say that it does not, because under no circumstances can anyone spend a longer period in prison than the original sentence handed down by the judge. The clause relates to the administration of the release provisions. It is a long-established legal principle that the administration of a sentence—whether it is spent inside or outside prison, for example—is a matter that can be varied in the course of the sentence being served.

This matter was tested in the courts relatively recently when we passed the Terrorist Offenders (Restriction of Early Release) Act 2020. The very first person who was effectively kept in prison longer than they ordinarily would have been, because their release point was basically moved by that Act, went to the High Court and tried to make the case that that was an infringement of their rights because they thought they were going to get released automatically at two thirds, but were instead referred to the Parole Board, which did not let them out. Because of TORA, that has been tested in the High Court and found to be lawful—that is to say, the administration of the sentence can be varied.

The reason we have gone no further than that and have said that someone cannot be kept in prison for longer than the original sentence—the hon. Member for Garston and Halewood was probing on this in her interventions—was that we think that would infringe the principle of natural justice. The shadow Minister questions whether we have gone too far and the hon. Member for Garston and Halewood thinks we have not gone far enough, which might suggest that we have landed in around the right place.

There was then the question from the shadow Minister on the cliff edge issue: if someone serves all of their sentence in prison, they then spend no time on licence, by definition. That does, of course, apply to any of the existing extended determinate sentences if the Parole Board decide to keep the prisoner inside prison for the whole of their sentence. The potential for the cliff edge does exist, but when deciding whether to release early the Parole Board can, of course, take into account whether the public are better served by the whole sentence being spent in prison, or most of it in prison and a bit of licence at the end. In no sense are the public any less safe if the prisoner spends all of the sentence in prison, given that the sentence is a maximum. The prisoner is in prison, clearly, and cannot commit an offence during that period.

On rehabilitation, it can of course take place, it does take place, and it should take place in prison as much as in the community. Significant resources are being invested in that rehabilitation process in prison, led by the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk).

On the matter of the propriety of the Lord Chancellor making the referral, as raised by the shadow Minister and by the hon. Member for Rotherham, the power is the power of referral. The Secretary of State for Justice, the Lord Chancellor, is not making any final decision himself or herself about release, and is simply referring a prisoner to the Parole Board to make that determination and that decision. That does not constitute undue political interference in the process.

Police, Crime, Sentencing and Courts Bill (Tenth sitting)

Hywel Williams Excerpts

Committee stage
Tuesday 8th June 2021 Public Bill Committees

[Hywel Williams (Arfon) (PC)]

It appears that some of the Bill’s provisions intersect with the Welsh Government’s responsibilities. For example, the responsibility for public order is reserved to the UK Parliament, while the provisions relating to noise generated by persons taking part in a procession look set to overlap with the devolved Government’s responsibilities for environmental health. How have the Government addressed those particular concerns, and have they been resolved?

[Victoria Atkins]

I am so sorry; I do not understand the hon. Gentleman’s concerns. Are they that this matter is reserved?

[Hywel Williams]

I will explain again. As Dr Robert Jones of the University of South Wales points out, the Welsh Government have responsibilities that seem to overlap with provisions in the Bill; their environmental health responsibility on noise is a particular case in point. The Bill says that demonstrations should not be noisy if they cause alarm and so on, but the Welsh Government have those sorts of responsibilities as well. How have those overlapping responsibilities been addressed and how have they been resolved?

[Victoria Atkins]

I am told that all the provisions relate to reserved matters, so they fall within that framework.

[Hywel Williams]

I will not pursue this matter further, but is it not clear that the Welsh Government have responsibilities on an environmental basis for noise reduction?

[Victoria Atkins]

I cannot add to what I said earlier. These are all reserved matters.

I move on to public assemblies. I will explain why it is necessary for the police to be able to place the same conditions on public assemblies as they can on public processions. The case for the changes in clause 55 was made by Her Majesty’s inspector Matt Parr in his report on policing protest, published in March. The report included the following observation:

“there have been some conspicuously disruptive protests in recent years, both static (assemblies) and moving (processions). Protests are fluid, and it is not always possible to make this distinction. Some begin as assemblies and become processions, and vice versa. The practical challenges of safely policing a protest are not necessarily greater in the case of processions than in the case of assemblies, so this would not justify making a wider range of conditions available for processions than for assemblies.”

It is clear that the challenges of safely policing a protest are not necessarily greater for processions than they are for assemblies. The clause will therefore enable the police to impose conditions such as start times on public assemblies, and prevent excessive noise levels.

Police, Crime, Sentencing and Courts Bill (Tenth sitting)

Hywel Williams Excerpts

Tuesday 8th June 2021 Public Bill Committees

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

[Hywel Williams (Arfon) (PC)]

[Victoria Atkins]

[Hywel Williams]

[Victoria Atkins]

[Hywel Williams]

[Victoria Atkins]

Police, Crime, Sentencing and Courts Bill (Sixth sitting)

Hywel Williams Excerpts

Committee stage
Tuesday 25th May 2021 Public Bill Committees

[The Chair]

I will first call our colleague from Plaid Cymru.

[Hywel Williams (Arfon) (PC)]

My concern is about clause 17(4), and indeed clauses 18(3) and 19(7), which all say that the Secretary of State must “consult” Welsh Ministers, rather than “seek the consent of”. This is an issue of long-standing concern for me, my party and, indeed, the Welsh Government. Given that it is long-standing and has been discussed before, I will not seek to press a vote on this tonight, although I may consider doing so on Report.

What are we talking about here? Clause 14(3) says:

“A relevant authority and a specified authority must collaborate”

with these requests. Clause 14(4) says:

“A relevant authority must carry out any actions which are specified”,

for example regarding strategy. Clause 14(5)(b) says that local governments “must collaborate”. Clause 16(4) says that a person must supply information to a policing body. I have no particular problems with these provisions, save for that it is the Secretary of State who has those powers in Wales, not the Welsh Government. The point is, of course, that the Welsh Government have responsibility for very relevant areas of government and policy in Wales in respect of the Bill—health, social services, education, local government and a good deal on top of that. Clause 17(4) says that the Secretary of State “must consult” Welsh Ministers before giving directions; clause 18(3) says they “must consult” before giving guidance; and clause 19(7) says they “must consult” before making regulations.

The Secretary of State has duties that must be carried out and powers to compel, but they must only consult, rather than seek the consent of, the Welsh Government or the Senedd. What will happen if there is divergence between Wales and England in policy or law? Of course, the Senedd is now a law-making body. There is a certain body of law—for example, on social services—that is different from that in England. That divergence may be accentuated and grow into the future as the Senedd flexes its muscles, as any half-competent democratic institution will seek to do, so we may have a situation whereby there is a good deal of divergence on the crucial matters that are relevant to the Bill.

Police, Crime, Sentencing and Courts Bill (Fifth sitting)

Hywel Williams Excerpts

Committee stage
Tuesday 25th May 2021 Public Bill Committees

[Sarah Champion]

My hon. Friend is absolutely right. That is what I mean when I talk about recognition, a change of culture and early intervention. Members probably do not know that I trained and qualified as a psychodynamic counsellor. My very first client was a miner who had been buried alive—he was stuck underground. I was in my early 20s and he was in his mid-50s, and we looked at one another and both went, “Oh my God. This is what I have to deal with,” but as it was a post-traumatic stress disorder and he had come very soon after the event had happened, we managed to resolve the issue within four sessions.

With post-traumatic stress disorder, early intervention is key. If it is left for years—decades, in some cases—it becomes so embedded and ingrained in someone’s psychological make-up that it becomes a really big issue that affects every single aspect of life. It is important to recognise the early signs, which could be covered at the very beginning of training; it could even be an hour-long online training course. We need the police to be able to recognise it themselves. That is where we need to get to, and that is what the police covenant could do.

Returning to the survey, of those police officers who sought help 34% reported that they were poorly or very poorly supported by the police service. Of those with line management responsibility, only 21.8% could remember being given any training on how to support the staff in health and wellbeing.

Members of the National Association of Retired Police Officers have supplied me with examples of the sorts of incidents that they have to deal with. I apologise as they are shocking, but not unnecessarily so, I hope. This is the first case study:

“I served as a traffic sergeant. Part of the role was as a road death scene manager. I attended the scene of many deaths on the roads. I then went to a child abuse investigation, where I got promoted to DI. Whilst a temporary DI, my wife’s best friend and our neighbour hanged herself and I cut the body down. I got symptoms in relation to this straight away and things didn’t get better.

Now 11 years down the line, I have chronic PTSD, the side effects of which are severe depression, anxiety attacks and extreme mood swings. Now, it’s always at the back of my mind that if I’d had early intervention when I asked for it, maybe things would have been different.”

The following is case study 2:

“Operational experiences include attending suicides. For example, within my first few weeks of returning from training school, I attended a suicide where the victim lay on the railway tracks and was hit by a train. I assisted in the recovery of the remains of the victim.

Also, a man jumped off a tall office building and landed headfirst. I was the first on the scene to see the massive head trauma he had suffered.

They were all extremely distressing sights and I have difficulty getting them out of my head, even now.

These are just a few examples where I wasn’t offered any psychological support. I wasn’t even asked if I was okay. It was just seen by everybody as part of the job: suck it up and get on to the next thing.

I retired medically in 1999 as a result of injuries received on duty. I have suffered with complex PTSD and health issues ever since. I am currently waiting to receive further treatment from the NHS. I have received nothing from the police by way of support, even at the time of my retirement.”

[Hywel Williams (Arfon) (PC)]

I can confirm the efficacy of having support immediately after a traumatic event. In my own experience as a social worker when I was a young man, I discovered someone who had unfortunately committed suicide. The support that I got from my senior colleagues allowed me to resolve the difficulties I had with the experience. It also convinced me that quick intervention can work very effectively and that, conversely, no intervention at all can lead to problems for many decades.

[Sarah Champion]

I thank the hon. Member for sharing that experience, which reiterates the two points of early intervention and creating a culture in which it is automatic for a manager to ask, “Are you okay?” and to offer support, and to have support in place.

--- Later in debate ---

[Hywel Williams]

I referred earlier to my experience as a young approved social worker under the Mental Health Act of getting an innocuous call, while I was on duty on a Saturday morning, that turned out to be a case of suicide in a very rural and unsupported area, which meant that I was there for quite some time before the police and medical people turned up. I want to make one point to the Minister. Following that day, I had two calls from a colleague—a peer—who shared her experiences and supported me. Then I had two calls from a manager, and on the Monday we had a short, purposeful meeting. My point is that support need not be extensive or even expensive in any real sense. Short interventions that are purposeful and skilled can be very sophisticated and effective.

Police, Crime, Sentencing and Courts Bill (First sitting)

Hywel Williams Excerpts

Committee stage
Tuesday 18th May 2021 Public Bill Committees

[The Chair]

Thank you. I want to try to squeeze in one last Back-Bench question—Hywel Williams, could you make it brief, because I want to get to the Front Benches.

[Hywel Williams (Arfon) (PC)]

Q Thank you, Mr McCabe. I just have one question. The responsibility for key agencies locally in Wales is a matter for the Welsh Senedd—social services, housing, the environment, planning, childcare, those sorts of matters—whereas policing is an England and Wales matter. Is that at all problematic, particularly as public policy might diverge as the Senedd passes more law in respect of those particular agencies which are its own responsibility? I am thinking, really, in terms of information sharing and the formulation of joint strategies locally between the police and other agencies.

Assistant Commissioner Hewitt: Potentially, that presents a challenge. The four Welsh forces work extremely well with Welsh Government, and—obviously—with local authorities in the individual force areas. There is always going to be a challenge when people are potentially in different legislative places. We have been dealing with that in many senses in our response to the covid pandemic for the last 14 months or so: we have very deliberately responded as one UK police service, but on almost all occasions there have been slightly different regulations in Scotland, Northern Ireland and, for that matter, Wales. That presents a challenge to policing, but I know for a fact that the four forces in what the National Police Chiefs Council would describe as the Welsh region work incredibly closely with the Welsh Government and with local authorities in the individual areas. We work effectively and collectively as one UK police service. I am confident that we will be able to bridge those gaps if they exist and deal with the challenges, but those challenges nonetheless do exist when we are potentially in different frameworks.

[Chair]

Let us switch to those on the Front Bench. I will go to the Opposition first. I call Sarah Jones. You have about 10 minutes.

Police, Crime, Sentencing and Courts Bill (Second sitting)

Hywel Williams Excerpts

Committee stage
Tuesday 18th May 2021 Public Bill Committees

[Hywel Williams (Arfon) (PC)]

Q I have two questions. The first is on problem-solving courts. Are there potential structural problems where the courts fall under this place, under Westminster, whereas key agencies such as health and social services, higher education and further education and a host of others fall under a different legislature—that is, public policy made by the Senedd in Cardiff?

Phil Bowen: One example to offer the Committee is from the public family law system. The Welsh Government and the courts system have just agreed to create a new family drug and alcohol court. The issue is similar, in that it requires a partnership between people in the Welsh Government, local authorities and the courts service.

I certainly know that, as part of the Ministry of Justice’s scoping of where the pilot sites might be, it is very keen to speak with Mayors, police and crime commissioners, the Welsh Government and others about where the most suitable sites are. So I do not think it is incompatible. It certainly will require partnerships and collaboration. That is what exists already in existing problem-solving courts; as I say, it already is going to be a feature of the new family drug and alcohol court in south Wales. So I do not think this is insurmountable. I certainly know there is a strong interest in the Ministry to have discussions with the Welsh Government about whether they think it is appropriate to have one of the problem-solving court pilots in Wales. I think there is still work to be done there, but wherever they exist, they require partnerships between different agencies and both national actors and local actors.

[Hywel Williams]

Q May I ask one other question briefly? Can you comment on the dangers of sentence inflation from the Bill, particularly when sentences across the board, as well as rates of incarceration, are higher in Wales than in England and when black, Asian and minority ethnic people are over-represented in Welsh prisons to an even greater degree than they are in England?

Adrian Crossley: Sentencing inflation is a very real problem. For decades now, we have seen incremental rises in sentencing, right across the board. There is a theory that the more we increase the more serious offences tariffs, there is a trickle-down effect; essentially, it pulls up sentencing for lesser offences. We see, for example, sentences for drug offences increase over a 10-year period by about 30%, and for theft by around 22% over the same period. This has a very real effect on people’s lives. It is not just a question of a few extra years—that would be serious enough as it is—it can often be the difference between somebody having a sentence suspended and actually being taken away and put into a cell, so it is a very real problem.

Some regard this as a Bill of two halves with what some regard as very punitive sentencing on the one hand and some very progressive, challenging and, I would say, quite brave proposals for community reform and rehabilitation on the other. A great deal of subjectivity is involved in deciding how much time somebody should serve for very serious offences. I do not see anything necessarily wrong with reviewing how this society deals with very serious offending. If there is an increase in tariff, which we as a liberal democracy think is right, that is fine, but there are real dangers with that. My view is that we are likely to see a Prison Service that is wholly incapable of dealing with the stress of an extra 20,000 people—what is forecast for the next few years—inundated with new offenders who are likely to have very little access to meaningful reform and rehabilitation. That is deeply concerning to me.

If as a society we feel that that more serious offending requires a higher tariff, we also have to address the numbers in prison. The most important thing we need to do is to look at whether people who are currently being sent to prison, perhaps at the lower and medium end of offending, really need to go there. The Centre for Social Justice published a paper last year called “Sentencing in the Dock”. Our position was very clear that modern technology, with GPS tagging and alcohol tagging—I could list a number of requirements that are already rightly in the Bill—could provide a sufficient deprivation of liberty to act as a real punishment for serious offending or medium to low-level offending.

We need to be much bolder about the amount of people we keep out of prison and deal with in the community. We can see clearly that in treating alcohol, drug addiction, mental health problems, literacy and numeracy, you are far more likely to have an effect on those key drivers of crime if you deal with people in the community than if you put them in prison. We could be much bolder in dealing with community disposals. There is a real risk of sentencing inflation here, of a prison population growing out of control and, in my view, of brutalising people who might otherwise be able to reform.

Phil Bowen: I agree with a lot of that. The only thing I would add is that proposals are set out in the White Paper that are being taken forward by the Ministry that seek to strengthen the community justice parts of the system. They include things such as investing in early intervention and prevention, including the improvements to the out-of-court disposals regime, which I think is vital for young people and people from black, Asian and minority ethnic communities in particular.

The nationalisation of the probation service represents a real opportunity to strengthen community sentences and win public confidence in community sentences back from the courts. I also think a strong interest and investment are needed in high-quality treatment for offenders and the more dynamic use of electronic monitoring. While I agree with a lot of what Adrian has just said that some proposals in the Bill seek to increase the use of prison, that takes away money from smarter investments in community justice. I would also like to emphasise that there are things in the Bill that we support, because we think they take forward that idea of smarter community justice.

[Sarah Champion (Rotherham) (Lab)]

Q Two quick questions to the witnesses. If we brought in a definition of child criminal exploitation, do you think that would help or hinder the police and support for victims?

Adrian Crossley: My view is that definitions usually start their life imperfect and develop with a great deal of expertise from public and experts who understand this issue perhaps better than I ever could. Notwithstanding that, and understanding that there may be a starting point of imperfection, they are useful. In my view, definitions of important criminal principles help real decision makers on the ground make practical decisions that are fair and consistent. Notwithstanding the fact that I see problems with that—we have seen so many different definitions of domestic abuse, which started its life as domestic violence, that it is clear these things are fluid and can develop—I think they have a practical application.

Phil Bowen: I have nothing to add to that. I agree with that.

Intelligence and Security Committee: Russia Report

Hywel Williams Excerpts

Wednesday 22nd July 2020 Commons Chamber

[Mr Speaker]

In order to get everybody in, it would be helpful if we could speed up the questions and the answers.

[Hywel Williams (Arfon) (PC) [V]]

Further to the question from the hon. Member for Rhondda (Chris Bryant), and for absolute clarity for people watching at home, Russians who invest £2 million or more in the UK can get a visa and in five years can convert that visa into citizenship. Does that not mean that restricting political donations to British citizens makes no real defence?

[James Brokenshire]

On the tier 1 investor visa, to which I think the hon. Gentleman refers, work is ongoing to review past visas and, indeed, to look at further changes as needs be. If that is required in our national interest, that is what we will do.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Hywel Williams Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

[Hywel Williams (Arfon) (PC) [V]]

It is now nearly four years since the EU referendum, and in those four years so much has changed. I will not go through all the Government’s gymnastics on this issue—I do not have all night and, of course, neither have you, Mr Deputy Speaker—but it is enough to say that where they are now is pretty far from those sunny, blustery days of promising the easiest deal in the world, that EU countries would come crawling to us with their prosecco and BMWs, and that they need us more than we need them.

So much now is so different. But of course some things never change, and one of them is the Conservatives’ obsession with immigration. Despite their failure to meet their own targets; despite the public revulsion at the little vans driving around telling good citizens to go home, the nasty posters and the shameless vote chasing; and despite being way adrift of public opinion—despite all that—they are still obsessed with immigration.

In the past few months, so much more has changed again. No one imagined that leaving the EU would be pushed almost out of sight by the worst pandemic in living memory. Our attention has been nailed on the value of all our communities. All of us—or nearly all of us—now appreciate the bonds that support us; appreciate the people who sustain us, care for us and risk their lives daily for us; and appreciate that we need them more than they need us.

This crisis would persuade any sensible Government to think again, but are this Government sensible to public opinion when a new Ipsos MORI study shows that since last summer most people are saying that they want to see more doctors and nurses coming to the UK from the EU—more, not fewer? And it is not just health workers that matter so much—it is care workers, so shamelessly branded as low-skilled. The Government could use this opportunity to ensure that the new immigration system is fairer and more humane, not just for EU citizens but for people from all around the world. But instead of taking a step back—instead of thinking again—the Government are rushing to bring EU citizens under the same hostile environment as imposed on others. They should take this chance to build a new immigration system that is fairer and more humane, not just for EU citizens but for people from all around the world.

That is why later Plaid Cymru will be calling for a report on a new immigration system. This must include looking again at recourse to public funds, unfair NHS charges for migrants, the huge application fees and, crucially for us, the devolution of immigration policy to Senedd Cymru, the Scottish Parliament and the Northern Ireland Assembly so that our needs steer our policy. It should also look again at giving key workers who have put their lives on the line during this crisis the chance of free, automatic British citizenship.

Now, more than ever, we have seen the value brought to communities all over the UK by people who choose to make their home here. This Bill now looks like something from the dim and distant past. It simply cannot be passed as it is.