Riot Compensation Bill

James Berry Excerpts

Friday 4th December 2015 Commons Chamber

[Mike Wood (Dudley South) (Con)]

I beg to move, That the Bill be now read a Second time.

As elected representatives in this House, it is our responsibility to take forward legislation that protects the most vulnerable from all types of harm. I am privileged to promote this Bill, which will help individuals and businesses recover from the devastating impact on communities of widespread public disorder. I am the promoter of the Bill, but much of the work has been done by others. I owe a particular debt of thanks to officers and staff of this House and of the Home Office for the advice, help, support and industry that they have provided in preparing the Bill.

There are many features of this place that come as a surprise to newly elected Members, even those of us who took a close interest in Parliament before getting here. One of the most surprising of all is just how popular a Member who appears high up in the ballot for private Members’ Bills suddenly becomes. Unfortunately, that popularity dissipates almost as quickly as it arrived once the Member has settled on a Bill. Nevertheless, I am pleased to bring forward this Bill today.

As I am sure all Members will agree, this is a Bill that I hope will never be used, but it is better to prepare now by ensuring that we have the necessary rules, procedures and structures in place during a time of calm, rather than putting off such thoughts until those measures are urgently needed.

This issue has a particular personal relevance to me. Growing up as the son of a west midlands policeman, I was all too aware from a young age of the impact of riots on local communities and on those responsible for policing them. I remember as a nine-year-old child waking up to see the horrific footage of the Handsworth riots in September 1985. It brought home in the most literal sense the terrible reality of a breakdown in law and order. My father, as a mounted policeman, had been called into work early in response to the violence and destruction that I was then seeing on television. I remember coming home from school just as my father returned home earlier than usual, his hand bandaged and his face pale. I am sure that Members can imagine what was going through my mother’s mind.

As we are among friends—and, perhaps more importantly, as my father is not a regular follower of BBC Parliament—I might be safe in letting Members into his little secret. That day, he had gone into the police stables to prepare his horse, where I am afraid he was bitten by a squirrel. Fortunately, that was the most serious injury my father suffered in those riots.

Tragically, others were not so lucky: two brothers were brutally burned to death in the post office they ran. Two other people were unaccounted for and a further 35 were injured. More than 1,500 police officers were drafted into the area, potentially put in the line of danger. They each have families who I am sure are every bit as proud of them as I remain of my father. About 45 shops were looted and burned, and lasting damage was done to community cohesion in Handsworth. Other riots across the country that autumn, including the Broadwater Farm riot in London, showed similar violence and destruction.

Twenty-six years later, a series of riots, starting in Tottenham and spreading across much of London and then into other major cities, were a horrible reminder of just how fragile public order can be. The August 2011 riots left many vulnerable communities counting the cost of some of the worst and most destructive public disorder in a generation. The human and social cost was immeasurable, nowhere more so than in the senseless murder of Haroon Jahan, Shahzad Ali and Abdul Musavir, who were deliberately run down while trying to protect their community in the Winson Green area of Birmingham.

Here in Greater London we saw horrific images of the Reeves furniture store burning down. This family run business had been built up over years, but it was destroyed in minutes. The image was broadcast all over the world and it continues to haunt us. Elsewhere around the country, large cities experienced similar destruction, with businesses destroyed, property wrecked and dreams up in flames.

In the heat of the riots, many people were surprised to learn that, under current legislation, responsibility for compensating victims of riots lies entirely with local police forces. The legislation dates back to 1886 and is basically a consolidation of legislation going back to the 18th century, so the word “current” does not seem entirely appropriate. The system requires polices forces—the Metropolitan Police Authority, the common council of the City of London and, elsewhere in the country, police and crime commissioners—to pay out millions of pounds in riot compensation, much of it to large businesses and insurance companies, while lacking the flexibility to respond effectively and promptly to the needs of individuals and small businesses that need their payments, and need them quickly. Against a background of tight budget constraints, potentially limitless liability for police forces is unfair and unsustainable.

[James Berry (Kingston and Surbiton) (Con)]

I thank my hon. Friend for promoting the Bill. If the police are to be held liable for the acts of third parties—of rioters—would it not be fairer for the victims to have to prove that the police were themselves at fault before compensation could be paid out of the public purse?

[Mike Wood]

I will respond to my hon. Friend’s intervention in more detail later in my speech. Although I have some sympathy for that argument—the causes of riots can be extremely varied and in many cases they are not the direct result of police action or inaction—I think there are both principled and practical reasons to maintain the current principle of strict liability. One such practical reason is that, if someone is unable to afford insurance and has suffered losses during a riot, it is very unlikely that they would have the means to bring a court action to establish that the police had been negligent and thereby claim damages through the usual legal means.