Serious Crime Bill [Lords]

James Paice Excerpts

Monday 5th January 2015 Commons Chamber

[Sir James Paice (South East Cambridgeshire) (Con)]

I am grateful for being called to speak so early in the proceedings on the Bill. I confess that I have often been a sceptic about criminal legislation. Indeed, as the shadow Home Secretary implied, it is easy to pass new laws and forget about the need to enforce them. More importantly, we need to use what is already on the statute book. I do not know how many new offences we have created in the years I have been in this House, but many of them have never even been used. The right hon. Member for Leicester East (Keith Vaz) mentioned FGM and the fact that only two prosecutions have been brought. So much legislation lies unused, which leads us to question its origins.

I am not sure that I should use the phrase “Christmas tree” about the Bill—perhaps it is an Easter bunny, bearing in mind the season we are heading for. Nevertheless, it seems to be a Bill on which the Government have said, “In these different areas, there are lacunae in the law that need to be dealt with.” The Government should be congratulated on having the wisdom to address those areas. I do not intend to speak about all the different aspects of the Bill, but I shall address two.

The first relates to the work led by the hon. Member for Rotherham (Sarah Champion)—I am glad to see she is now in her place. I entirely endorse the comments made about her work by the right hon. Member for Leicester East. Specifically, she led a parliamentary inquiry into the effectiveness of legislation in tackling child sexual exploitation and trafficking. I was privileged to be asked to participate in that inquiry and I learned a great deal from doing so. The hon. Lady chaired it admirably and it was supported by Barnardo’s. We have already debated some of the recommendations and the Government went so far as to include one of them—on grooming—in an amendment to the Criminal Justice and Courts Bill. Today’s Bill, while it addresses many aspects of child and vulnerable people abuse, provides an opportunity to legislate for another recommendation, which was to place child abduction warning notices on a statutory footing. I do not intend criticism of the existing notices—it was clear from the evidence that the inquiry received that they serve a valuable purpose—but the police and others made it clear that making them statutory would provide a greater opportunity to intervene earlier and protect vulnerable children. I hope that the hon. Lady will address that issue later and that the Government will look seriously at an amendment on that issue, should one be tabled.

As for my second issue, I make no apologies to the House for returning to the issue that I raised in Home Office questions this morning. I am sorry that the Home Secretary has now left the Chamber, but I entirely understand that she has other issues to address. I am grateful to her for agreeing to meet me and a small group to discuss the increasing problem of illegal immigration. My concern is not the Calais group to which the right hon. Member for Leicester East referred and which we all see in the media, but the increasing problem of food supplies and larger groups. Arising from that are a few points that relate to organised crime and clause 44 of the Bill.

In May last year I wrote to the Minister for Immigration, and I received a reply in July, specifically about this issue. I am afraid that the reply was what one might expect from an official civil service reply—I am probably guilty of signing many such myself in the past—and it told me how wonderful the Border Force is at stopping illegal immigrants and that it was doing all that it could. The problem is that since then the situation has got far worse. A business in my constituency is one of largest producers of fresh produce, such as salad crops, in this country and in Spain and other parts of Europe. Up to February this year, it had had three incidents in the previous two years of people coming in on its lorries, but since then it has seen a massive increase, culminating in three separate incidents in one week in the run-up to Christmas.

The right hon. Member for Leicester East referred to the situation in Calais, and he has obviously studied it much more than I have. We often hear of individuals or small groups trying to get on board lorries or hiding under them, taking all manner of risks for which I cannot possibly imagine the motive, although it is clearly there. The incidents to which I am referring are those in which people have entered secure lorries that are carrying food. The problem is not individuals, but groups of anything up to 12. One such group of 12 before Christmas included three young children. The group were lying on top of pallets of lettuce in a secure lorry kept at 4^o as part of the cool chain. It is clear that those people are in the lorries for many hours—they do not board them at Calais or just outside. They are clearly entering the lorries in Spain or a long way down in France, well before the vehicles reach Calais.

It is also clear that organised crime is involved, as the right hon. Gentleman suggested. A dozen or 15 people do not get into a lorry on the off chance or on the whim of one individual. It is clearly organised and large sums of money are almost certainly changing hands. The groups break into the lorries, in some cases through the roof or—in more sophisticated operations—by access to keys that unlock the secure doors at the back. Sometimes the people have plenty of insulation or clothing, and it is clearly rehearsed and organised.

[Keith Vaz]

The right hon. Gentleman is right and I share his concern about this issue. As he says, security at Calais is very strong and the people are boarding even before the lorries arrive in France. Is there a case for the EU to perform spot checks on the lorries before they get to the border?

[Sir James Paice]

I am not sure whether the right hon. Gentleman is trying to tempt me on to the issue of Europe. I am not one of those who thinks that Europe has no locus in this issue. It is right that we work with our European colleagues, either as individual member states or through the EU as a whole to address these issues. Whether spot checks or, as the Home Secretary said in her answer to me earlier today, sophisticated imaging equipment that can see through lorries are the right way forward, I do not know. I am not technical enough to know the right answer, but I do know that this is a serious issue that has now gone beyond the problems of this one, albeit very important, business based in my constituency.

We are now seeing lorry loads of fresh produce from Spain, ready packed and prepared to go on the shelf, going straight to supermarket distribution centres. The lorries are unlocked and people are found inside. The whole load is then immediately condemned as unfit for human consumption, so there is massive cost and massive food waste. Retailers are beginning to be concerned about supply. Relying on lorry-loads of lettuce, celery, spring onions and so on that have to be condemned on arrival causes havoc in their supply chain. The business in my constituency, which is not unique, had 263 lorries a week bringing produce from Spain. This is not just the odd lorry load: this is a very serious and major issue, and large numbers of people are involved. As I said, there were three cases in one week. Lorries arrive in pack houses in this country or go straight to retail depots. There are now serious concerns about supplies of fresh produce.

The senior supply chain manager of the company said: “In my opinion, the people we have all seen on TV around Calais are smokescreens.” I am not saying that that is correct. “The real organised crime goes on out of sight away from the port of Calais. It would not surprise me if some of those people were actually encouraged to be there in Calais, or even paid to create chaos while real organised crime takes place elsewhere.” I cannot judge the veracity of those comments, but they reflect people’s concerns. I wanted to raise this issue today so that we do not concentrate our thoughts just on what happens in the immediate environs of Calais. In my opening remarks I said that this matter is relevant to clause 44. I hope that in the Minister’s concluding remarks—I am not sure who is winding up, but judging by the smile on the face of the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) it will be her; not many people smile when they have to wind up, but there is a first time for everything—she will address the specific issue of our food supplies being affected by organised crime using our food supply chain as a means of access to bring in large numbers of people to our country.

Clause 44 refers to people being part of an organised crime group. There is evidence that in some cases drivers may be complicit. I am not saying that every driver is complicit—I am sure that the vast majority are not. Nevertheless, an important message to get across is that a driver who is complicit is not just guilty on their own. If they are construed to have been a part of an organised crime operation, the offence they commit is even more serious and the penalty should accordingly be far tougher. That is the issue I wanted to leave with the Minister. I will take it to the Home Secretary in greater detail and take with me representatives of not just the suppliers but the retailers who face this problem. I am grateful for the opportunity to raise it this evening and look forward to my hon. Friend’s response.