Serious Crime Bill [Lords]

Jack Dromey Excerpts

Monday 5th January 2015 Commons Chamber

[Jack Dromey (Birmingham, Erdington) (Lab)]

Serious and organised crime poses a severe and growing threat to those in our country. It poses a threat to the pensioner who is vulnerable to online financial scams. The hon. Member for Mole Valley (Sir Paul Beresford) spoke of “the little people”: one vulnerable pensioner in his constituency was ripped off by £27,000. It poses a threat to the child who is vulnerable to those who prey on children, and to child sex exploitation. That obscenity, which has existed for many years and exists to this day in our society, was brought to life today by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), my hon. Friends the Members for Stockport (Ann Coffey) and for Rotherham (Sarah Champion), and the hon. Member for Mole Valley. It also poses a threat to our economy, which is vulnerable to cyber-attack and, in particular, to the impact that it might have on our finance and our infrastructure. That was brought to life by the hon. Member for Wimbledon (Stephen Hammond). It was right that the hon. Member for North Antrim (Ian Paisley) said that there should be no hiding place, and it is also right for the House to act.

The Bill contains some welcome moves. We will support the Bill, but we will seek to strengthen it during its passage through Parliament, because this Bill lacks the ambition necessary to respond to the scale and seriousness of serious and organised crime. It contains some significant omissions, and the Government have failed to recognise the argument put forward by a number of Members today: that legislation is crucial, but so is enforcement, in the words of my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe). As the shadow Home Secretary said earlier, we now have a situation where reported rape is up, but prosecutions are down, and violent crime is up, but prosecutions and convictions are down, because there is a justice gap—a simple failure to enforce the law. Indeed, the Chair of the Select Committee, my right hon. Friend the Member for Leicester East (Keith Vaz), was right to refer to the fact that there have been two convictions for FGM.

I have to say that in addition to the failure to enforce the law, this is the worst possible time for the Government to impose the biggest cuts to policing in any country in Europe. With the mounting challenges of serious and organised crime, that is having a significant impact, in particular in areas such as tackling child sex exploitation. I have met the Association of Chief Police Officers leadership dealing with Operation Notarise and, as the shadow Home Secretary said earlier on, 20,000 people have been identified but 700 have been acted against at this stage. At the heart of that is the fact that the police service, with the immense pressures on it, simply cannot cope, and therefore those who pose a significant risk and whose identity is known have yet to be acted against. That cannot be right.

I will now turn briefly to the six sections of the Bill. The Proceeds of Crime Act was introduced by a Labour Government in 2002. At the heart of the action now being taken is two damning reports produced in the last 18 months, the first by the National Audit Office and the other by the Public Accounts Committee. There were some 673,000 convictions in the courts in 2012-13, but there were 6,392 confiscation orders, and only £26 in every £100 is recovered and, to add insult to injury, it tends to be the Costa del Sol bank robber who gets away with it most. That is why I think there are serious flaws in the legislation—the hon. Member for Enfield, Southgate (Mr Burrowes) was right in relation to the incentive scheme and how it works—and that is why we have pressed for action on a number of fronts, and we welcome the fact that some progress is now being made on designer divorces, default sentences, the requirement to bring forward the determination of third-party interests from the enforcement stage, and reducing the time given to offenders to pay confiscation orders. However, we need to go further to ensure that crime does not pay and we will be tabling amendments in Committee, including for the burden to fall more heavily on the criminal to prove they do not have the assets that should be seized.

On computer misuse, cyber-crime is a growing area of concern in the UK. As we live in an increasingly digitised world, the nature of crime is changing. Credit card fraud, identity theft, phishing, child exploitation and industrial espionage are all perils of technological advancements. The hon. Member for Wimbledon was right to talk about the immense damage that can be done, including to our economy. As on the European arrest warrant, the Government are right on this front also to recognise the benefits of European collaboration, by implementing the EU directive on attacks against information systems. We therefore support the legislation the Government are bringing forward which creates a new offence of hacking that causes serious damage and makes it clear to UK citizens that they will be committing a crime whether it is in the UK or not.

However, an Her Majesty’s inspectorate of constabulary report released last year found that, despite the growing risks, only three police forces had sufficient plans in place to deal with a large-scale cyber-attack. Furthermore, it revealed that only 2% of police staff across 37 forces had been trained in investigating cyber-crime. Resources are therefore key, and so too is a serious strategy to combat cyber-crime. We will argue, therefore, for police forces to provide annually details of their cyber-crime strategy and their progress to date, and also for the targeted recruitment of cyber-crime and financial experts and for the private sector to rise to the challenge. To this end, we want to see many more examples of what I have seen in the City of London police’s National Fraud Intelligence Bureau—namely, the use of seconded experts from banks and insurance companies. Such institutions need to do much more to tackle those practices that damage their customers as well as their reputation.

On organised serious and gang-related crime, many criminal gangs involve corrupt and complicit professionals who support and benefit from organised crime. The gangs use their expertise and skills to help them to evade the law; those people are the professional enablers of crime. The Government have been right to act on this practice; they have also been right to shift on this matter during the debates in the House of Lords in order to get the balance right. The right hon. Member for Dwyfor Meirionnydd was also right to say that it is important to ensure that those who are innocent and inadvertently caught up in illegal activity are protected.

We believe that we have reached the right place on that particular issue, but we want to explore in Committee the question of serious crime prevention orders. We shall also table amendments to the proposals for gang injunctions, not least because we have heard worrying reports from front-line professionals about the operational effectiveness of such injunctions and the impact of the abolition of antisocial behaviour orders. We will press those matters further during the passage of the Bill in Committee.

Part 4 of the Bill covers the seizure and forfeiture of drug-cutting agents. Certain chemical substances can mimic and resemble drugs and can therefore be used as cutting agents for bulking illegal drugs to maximise criminal profit margins. Those substances also pose a threat to drug users, some of whom pay with their lives. We support the Government’s proposal to allow law enforcement agencies to seize any substances reasonably suspected to be intended for use as a cutting agent. However, this part of the Bill feels very much like an empty promise, not least because the latest Home Office figures on drug seizures show a dramatic decrease in the volume of drugs seized by police forces over the past year. Indeed, with mounting pressure on resources, the number of heroin seizures between 2009-10 and 2012-13 fell by more than 50% despite the fact that there was only a marginal decrease in its consumption rate.

Part 5 covers the crucial matter of the protection of children. There is now a great national will to tackle the exploitation of children by evil adults who prey on their vulnerability. That has been reflected in the debate here today. We have heard excellent contributions from my hon. Friends the Members for Stockport and for Rotherham and the hon. Member for Ceredigion (Mr Williams). It is welcome that the Government have acted in the Bill, but it is surprising that they did not initially go far enough. For example, following a campaign by the NSPCC and Lord Harris of Haringey, the Government have now moved to include in the Bill an offence of sending sexual messages to a child, which is welcome. Similarly, following a campaign by the charity Action for Children, the Government changed their position on child neglect by updating the offence to include emotional neglect and psychological harm.

We have heard powerful testimony here today of the need for the Bill to go further, and for us to stop demonising the victims of child sexual abuse—for example, by branding them as prostitutes. We have heard of the need for a fundamental culture change. Crucially, however, this is about what we do, which is why we intend to propose a measure to make it a mandatory duty to report such abuse. This would make it clear that cultural change must take place in every institution. Anyone who knows something must report it, and not be tempted to think that such matters can be solved quietly and privately by brushing them under the carpet. A clear message needs to be sent that people should not put institutional reputation before protecting children.

In Committee, we will also press for further action on female genital mutilation, which is recognised internationally as a violation of the human rights of girls and women. We have heard powerful examples today of the need to strengthen the Bill in this regard, but time does not permit me to go into further detail. However, we will seek to strengthen what are welcome steps in the right direction. The Government have moved, but they need to move further in the next stages of the Bill.

Let me refer briefly to part 6. We support the proposed new offences on extra-territorial jurisdiction for offences committed under the Terrorism Act 2006 and on possession of a knife in prison, and the proposals on mobile operators being obliged to disconnect those in prison.

In conclusion, this has been a well-informed debate on the scale and growing danger of serious and organised crime, with support from across the House—

[Ian Paisley]

The hon. Gentleman will know that during my contribution I asked the Labour Front Benchers whether, in tackling serious and organised crime in Northern Ireland, they would commit any future Labour Government after May to legislate to ensure that the National Crime Agency is operational in Ulster.

[Jack Dromey]

We understand the concern expressed by the hon. Gentleman, and the Government should have sorted this issue a long time ago. We will talk to all parties in Northern Ireland about making progress at the next stages. We see the strength of the argument being deployed and are sympathetic to it, but this is about how then we might go forward and that is necessarily done in dialogue with the parties in Northern Ireland.

This well-informed debate has drawn on the experience of many Members of this House, and there has been much common ground. We want to ensure that the Bill becomes a strong Act, with strong action then taken to ensure the will of this House is acted upon. As we have seen time and again in today’s debate, times may change and the nature of crime may change, but we need to send an unmistakable message to those engaged in serious and organised crime: there will be no hiding place.