Crime and Policing Bill (Eighth sitting) Debate
Full Debate: Read Full DebateJack Rankin
Main Page: Jack Rankin (Conservative - Windsor)Department Debates - View all Jack Rankin's debates with the Home Office
(6 days, 15 hours ago)
Public Bill CommitteesThe Minister seems to be on the same ground as us. She has said many times that she agrees with the implementation of what Alexis Jay suggested, and there should therefore be no issue with it being included in the Bill—she should be welcoming this at every step. As I said, grooming is one of the most insidious and harmful forms of child exploitation. We welcome clause 43, and we hope that our amendments will be supported to ensure that this type of crime is tackled as strictly as possible.
I rise to express my strong support for clause 43, which is an essential provision that strengthens our ability to combat the abhorrent crimes of child sexual exploitation, particularly by making grooming an aggravating factor. For too long, this country has witnessed devastating failures in the protection of our most vulnerable. Clause 43 represents not just a legal tool but a moral commitment to never again allow these failures to go unanswered.
Let us remember the victims in Rotherham, where at least 1,400 children were sexually exploited over a 16-year period. Vulnerable girls were raped, trafficked, threatened and dismissed, and perhaps most disturbing was the silence of those in authority who feared speaking out. Clause 43 confronts that silence.
I do not ask this to catch out the hon. Gentleman, but has he read either of the two independent inquiries specifically into Rotherham? One was written by Alexis Jay and the other by Dame Louise Casey for the previous Government. What does the hon. Gentleman think will be found for the Rotherham victims that was not found in either of the two independent inquiries or in the statutory grooming gang inquiry undertaken by Alexis Jay? We say, “Never again,” but we still have not implemented the recommendations of those inquiries.
I have read the Jay report but not the other report. I am speaking to clause 43, not the amendments, so I am supporting the Government in my remarks—the Minister can get me later.
Clause 43 is intended to compel transparency. It holds those in positions of power accountable when they turn away, and it provides law enforcement with the tools it needs to intervene earlier, investigate more thoroughly and prosecute more decisively.
My hon. Friend has articulated this well. Is it not the point that people in positions of power and authority are doing nothing? That is one of the huge controversies around this that needs to be tackled, and I welcome the Bill’s attempt to do so.
I absolutely agree with my hon. Friend. In Rochdale, we saw young girls dismissed as making “lifestyle choices”. These were children, some as young as 12, and they were failed not just by their abusers but by institutions that were supposed to protect them.
The grooming gangs in Telford, Oxford and Huddersfield were not isolated incidents. They were systematic failures enabled by cultural sensitivities being prioritised over child safety. They were worsened by fragmented communication between agencies, and clause 43 addresses those issues head on. We owe it to the survivors—those who were silenced, ignored and blamed—to send a message: you were failed, but future children will not be. We will stand up, we will speak out and we will legislate.
That is also the intent of Opposition amendment 42, which aims to help this legislation to have the most meaning. Each of the cases I have described involved group-based grooming. This is not about politicising tragedy; it is about preventing future tragedy with legislation that matches the problems we know exist. It is a constructive amendment that helps to avoid our repeating the mistakes of the past. I urge my colleagues on the Committee to support that amendment and help deliver the justice that these victims have waited too long to see.
As has been said by Members on both sides of the Committee, and as was mentioned in the IICSA statement that my hon. Friend the Safeguarding Minister made on the Floor of the House an hour or so ago, clause 43 will introduce a new aggravating factor to be applied when the courts consider the seriousness of a specified child sexual offence and where the offence being considered was facilitated by, or involved the grooming of, a person under 18. The clause is to be welcomed, and I note what the Opposition have said about it. However, new clauses 47 and 48 are not to be welcomed, and I will go into my reasons for that.
First, though, I want to put it on the record that, prior to my election, I worked with core participants in the independent inquiry into child sexual abuse, in the first module, which involved the heinous part of child migration in the whole sorry saga of this scandal. The Child Migrants Trust did fantastic work to expose that scandal. I just wanted to put on the record my involvement in helping the trust with some of its work at that time, and to commend it—particularly Margaret Humphreys, its founder—for the fantastic work it does; and to commend every former child migrant, and the families of former child migrants, for their bravery in speaking out about the experience they went through.
I admit that I thought new clauses 47 and 48 were missing a name—that of the acting lead of the Conservative party, the right hon. Member for Newark (Robert Jenrick), because we know that they reflect his driving ambition. I feel a sense of déjà vu because I am almost certain that the Opposition tabled identical new clauses in Committee on the Children’s Wellbeing and Schools Bill. I am therefore somewhat surprised that they failed to copy and paste the amendments to table them on time last week. Fortunately, we are able to talk about them today.
I pay tribute to my hon. Friend the Member for Derby North (Catherine Atkinson) for the forensic way she went through, line by line, the equivalents to new clauses 47 and 48 in that Bill Committee, and for exposing the politics behind them—how this was not about getting a new national statutory inquiry, as was claimed. She exposed how, line by line, the Opposition are repeating and duplicating the work already done by IICSA and previous inquiries, including Rotherham, and the newly announced local-led investigations, on which my hon. Friend the Safeguarding Minister gave an update just an hour ago on the Floor of the House. She outlined how the Opposition are undermining the work that the Conservative party sat on for 20 months. When the Conservative Government got the IICSA final report in October 2022, with 20 concluding recommendations—107 in total—they did nothing with them.
The faux outrage, the politicking and the weaponisation of the new clauses is infuriating. I should not be infuriated, because it is for the victims to be infuriated; they are being used for politics so that the populist Opposition can squeeze out votes. The Opposition are haemorrhaging votes, and they are trying to court and carry votes.
We had the sorry sight of the Children’s Wellbeing and Schools Bill. In the eight or nine short months that I have had in this place, I have never been as angry as I was on Second Reading when, through a wrecking amendment—which is now being replicated with new clauses 47 and 48—the Conservatives had the audacity to claim that we, the Labour party, which had been in power for just a couple of months, were doing nothing to protect our children, when for 20 months they had sat on their hands with the 20 concluding recommendations from IICSA and did nothing. Not only that, they go out and curry favour with the populist right. They go out placing Facebook ads and Twitter posts calling us defenders of paedophiles, and we are meant to believe that they genuinely believe this—new clauses 47 and 48 are about politics.
I give credit to the hon. Member for Gordon and Buchan, who has received this hospital pass, for saying that it is heartening to see progress being made on this issue. I only wish that she had been in the Chamber an hour ago, when she could have heard the sorry contributions from nearly all Opposition Members in response to the Safeguarding Minister’s update on the action plan. They focused on one specific element, no doubt for their clickbait Facebook and Twitter posts, and everything else that the right hon. Member for Newark will end up doing later. I look forward to being ridiculed and criticised for defending paedophiles because I am standing here criticising the Opposition’s politicisation of new clauses 47 and 48, but we do what is right for the victims, not what is right for the Tories.
I absolutely, wholeheartedly agree with my hon. Friend. It is crazy that it was not mandatory in the beginning but, as he says, we have all taken steps to make sure that it is now.
On a few occasions in my past career, I would speak to professionals after an abuse case had been alleged, and found out that they had no idea what had been happening. On other occasions, professionals had been suspicious for a long time but did not think that they had the evidence to act. Often, the abuse would then go unreported for many months—in some cases years. Some professionals—not all, but some—chose not to report through naivety or because of concern about the repercussions for themselves, and some just chose not to report at all. So, it is important to note that this clause does not criminalise those who are unaware of abuse, but rather holds accountable those who fail to report when they have a reasonable suspicion. This legal clarity will encourage professionals to act decisively and without fear, knowing that they have a duty to protect children. The provision will strengthen our child protection system and ensure that those in positions of trust cannot ignore their responsibility to act when they suspect abuse. This is a vital step in ensuring that no child falls through the cracks, and that those who seek to harm them are held accountable.
In conclusion, the duty to report child sexual abuse is a necessary and positive change. It will protect children, support professionals in their efforts to safeguard the vulnerable, and help bring perpetrators to justice. I fully support the clause and believe that it represents a significant step forward in safeguarding our future generations.
I rise to speak to clause 45 and the principle running through the clauses that follow it. Clause 45 introduces a mandatory duty to report child sexual abuse by establishing a legal obligation for individuals engaged in regulated activities with children, such as teachers and healthcare professionals, to report known instances of child sexual abuse to the police or local authorities.
Will the Minister consider the British Medical Association’s written evidence, which raised concerns about the scope of this duty? I disagree with the BMA, having read its evidence, but I want to explore it a little, so I hope the Minister might comment on it.
The BMA is worried that the Bill might compel healthcare professionals to disclose patient information to the police, potentially undermining the trust inherent in the doctor-patient relationship. In my view, that perspective seems to neglect the existing legal frameworks that already permit such disclosures in specific circumstances, particularly when public safety is at risk. In fact, the General Medical Council’s guidance allows for breaching confidentiality to prevent serious harm or crime, indicating that the Bill’s provisions are not as unprecedented as the BMA might suggest.
Furthermore, the BMA’s apprehensions do not sufficiently consider the potential benefits of the Bill in facilitating a more integrated approach to preventing serious violence. By enabling appropriate information-sharing between healthcare providers and law enforcement, we can create a more robust system for identifying and mitigating threats to public safety. The BMA’s focus on confidentiality, in my view, should be weighed against the imperatives of protecting individuals and communities from harm.
Most importantly—I was concerned to read this, and I would welcome the Minister’s comments—the BMA says it is concerned that 15-year-olds who are engaged in what it terms “consensual sexual activity” with someone over the age of 18 will be “flooding the system”. My understanding of the law is that 15-year-olds cannot consent to sexual activity with 18-year-olds, and I find it concerning that a professional body is choosing to interpret this country’s laws on sexual consent in this way. Perhaps the Minister might comment on that in her closing remarks. The age at which I understand people can legally consent to sexual activity is 16 in this country. The BMA should know that, understand the law and have a duty to uphold it.
The independent inquiry into child sexual abuse was clear on this recommendation, and the Crime and Policing Bill seeks to enhance public safety through judicious information-sharing. The existing ethical and legal safeguards governing medical confidentiality remain intact, and it is crucial that GPs and medical professionals take seriously their duty towards children, as that is what 15-year-olds are.
The international experience of mandatory reporting laws has already demonstrated the effectiveness of including reasonable suspicion as a trigger for reporting. For instance, the introduction of such laws in Australia led to increased reporting, without a corresponding rise in malicious reports. This suggests that professionals can responsibly handle the duty to report suspicions, contributing to more robust child protection systems.
Amendment 43 could address the under-reporting of child sexual abuse. Research has indicated that child sexual abuse is significantly under-reported, with many victims not disclosing their experience at the time of abuse. The independent inquiry into child sexual abuse highlighted that a cultural shift is needed to make discussions about child sexual abuse less taboo. By tabling amendment 43, our intention is to signal our commitment to fostering an environment in which suspicions are taken seriously and professionals are encouraged to report concerns without fear of reprisal.
I commend amendment 43 to the Committee.
We welcome the clauses in this group, but I have a simple question about clauses 45 and 47. Why does the Bill not go further than the Conservative Government’s Criminal Justice Bill did in 2024? It could include the IICSA recommendation that observing recognised indicators of child sexual abuse be a reason to suspect. Can the Minister give an explanation of why that key finding of the Jay report is not included in the Bill and whether opportunities are being missed to go that little bit further?
I also agree with amendment 43. Obviously, in some recent high-profile cases, the belief that something had been reported by another person was notoriously used to explain why there had not been further reporting. This would provide a backstop to prevent that explanation from being used to absolve an individual of their responsibilities.