Rape and Sexual Violence: Criminal Justice Response

Jess Phillips Excerpts

Monday 10th July 2023 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

I of course welcome today’s statement—any progress on this issue is to be welcomed—but I would outline that the rape review was commissioned in 2019. It then took two years to publish, and we rightly got an apology from the Government for the catastrophic decline in prosecutions. However, the report contained only piecemeal changes, which is why, another two years on, we are here today discussing progress, yes, but marginal progress.

In the data outlined by the Minister on the number of cases now being charged, she did not make it clear that hundreds of cases were still not charged in each police force area she spoke of. The Government seek to get back to 2016 standards, without recognising that it was on their watch that the system crashed. Charges and prosecutions dropped to their lowest levels on record, just at the time when rape offences recorded by the police skyrocketed to record levels. What the Government are celebrating today is simply the beginning of a reversal of their failure of survivors—like smashing a vase and celebrating when it is half stuck back together with sellotape. In this time, countless rape victims have been left unsupported, or have dropped their cases or never even come forward. This morning, I received a text message from a rape victim I have been supporting, who waited over five years for her case to be heard. She said:

“Is there anyway I can see you this week? I really need to speak to someone before all this gets any worse, I just cannot deal with my own head right now.”

She, like thousands of others, has been let down by the system, and the public have been left at risk, with attackers still walking free.

The numbers that the Government have not mentioned today are those for outstanding rape cases, which show a record high of 2,040, up from 1,379 a year previously. More rape victims are waiting longer than ever before. The Government’s own scorecard for 2022 has the attrition figure at a staggering 62%. Survivors are still being left unsupported and are dropping their cases. Will the Minister say whether the Government will back Labour’s proposal for all rape victims to have legal advocates, when my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) pushes that amendment tomorrow in the Victims and Prisoners Public Bill Committee? Rape Crisis has called for it, the Labour party would do it, and the victims need it. Will the Government vote against support for rape victims tomorrow?

The green shoots of police improvements from Operation Soteria are welcome, as is its roll-out as a national operating standard. However, to be successful, it must maintain that academic rigour and independent input throughout the national implementation. It cannot just be a good pilot that is spread out to police forces as a checkbox. Will the Minister confirm that the academic rigour that the scheme started with will continue in every one of the 43 forces, as it is rolled out? The total number of charges for adult rape in quarter 1 of 2016 was 2,270. In quarter 4 of 2022, it was 1,748, a 23% drop.

Labour announced over two years ago that we would implement specialist rape courts, listing rape cases as a priority and fast-tracking them. The Labour party has called again and again for specialist rape and sexual offence units in every police force, something that still does not exist. The Government say today that they are having a think about them. I ask that they think a little faster. If they had listened, they could have all been rolled out and could be supporting survivors now. Labour would also increase the number of prosecutors, to put rapists behind bars and reduce the record backlog across the courts. We welcome progress, but the Government could and should be doing much more.

Ethnic Minority and Migrant Victims of Violence Against Women and Girls

Jess Phillips Excerpts

Wednesday 5th July 2023 Westminster Hall

[Jess Phillips (Birmingham, Yardley) (Lab)]

I believe this is the first time I have had the pleasure of serving under your chairship, Ms Nokes. I want to say a massive congratulations to my hon. Friend the Member for Edmonton (Kate Osamor) for bringing forward this important debate, and to all the agencies that compiled the report. I am hopeful that the Minister will want to arrange a meeting with them to look at the findings, which, from my experience, are clear and accurate.

The nub of the issue, as my hon. Friend identified, comes from Refuge data, which found that black women are 14% less likely to be referred to its services for support by the police than white survivors. I have worked in the field for a long time, and people often say these are—I hate this language—“hard to reach” groups. In actual fact, black women are 3% more likely to report abuse to the police and 14% less likely to be referred by police services to specialist services. This is not a hard-to-reach cohort of people; this is a group of people asking for help and not being provided with it. There is something fundamental in that statistic about where we are going wrong, before we even get to the idea of people being criminalised.

To my hon. Friend the Member for Poplar and Limehouse (Apsana Begum): maybe I just have not slept very well this week, but the statistic about Calpol being the thing that was most stolen in her constituency, based on police data, made me want to cry. That is unbelievable, yet so believable. That was before she went on to speak about her experience, where criminalisation was undoubtedly used as a weapon by her abusers. That is not uncommon. I first read about the charges against my hon. Friend in The Sun, when she had only just been elected. It was not a very detailed piece but as a professional in this area, on reading it, I did not see a woman being criminalised; despite having never spoken to her, I instantly knew that she was a victim of domestic abuse. I contacted her immediately to say as much. Why on earth could the first criminal justice agency to interact with her in that case not see that from the evidence in front of it? It is a disgrace.

What I am seeing at the moment, specifically in domestic abuse cases where children are involved, is that the new game in town for those accused of domestic abuse who want to attack their accuser is claim and counterclaim, and I have recently encountered counterclaims against known victims of domestic abuse that have led to their arrest. In one case I am handling, the health visitor of a woman who had been to the multi-agency risk assessment conference eight times, such was the high-risk nature of the threat to her life—two attempts had been made on her life, and on the lives of her child and parents—turned up at my office in a desperate panic because the woman had been put in a prison cell owing to counterclaims by her ex-husband.

Every single claim and counterclaim case I have been involved with in which the police have made an arrest has involved an Asian woman—and that is not just because of the demographics of the area that I represent. I am watching black and minoritised women being criminalised literally for being victims of domestic abuse. As I say, that interacts very badly with our failing family court system, where the game in town for a long time was parent alienation. Now that has been widely rebuked, there is a new game: every single domestic abuse claim a woman makes in family court—bar rape, one notices—gets turned around and put back on her. In every case where I have seen claim and counterclaim lead to either criminalisation or poor decisions in family court—this is totally anecdotal, based on my personal experience; I would love to show some data, but neither the Home Office nor the family courts collect any, so everyone gathered here will have to take my word for it—it has involved a black or Asian woman. There is definitely a problem in the system; I am seeing it live with my own eyes. My hon. Friend the Member for Poplar and Limehouse is incredibly brave to talk about her experiences again, and I am proud to know her.

To the points made by my hon. Friend the Member for Vauxhall (Florence Eshalomi), again, missing data is part of the problem, but the brutal exploitation of girls in gangs, both criminally and through sexual exploitation, only for them to go on and be criminalised, is absolutely woeful. Some 63% of girls and young women serving sentences in the community have experienced rape or domestic abuse in intimate partner relationships. I have absolutely no doubt that a large number of those will be linked to the gang and sexual exploitation activity that is going on.

We in the Labour party are seeking to amend the Victims and Prisoners Bill so that child criminal exploitation is defined in law. So far, the Government have pushed back against that, but hope springs eternal that by the time the Bill comes back in its next iteration they will have decided that defining child criminal exploitation in law is important. I know my hon. Friend the Member for Vauxhall has lent her voice to that. Moreover, on the push for data, I cannot express enough how we need better data on all of these things. The situation is woeful.

This is not new news. At the moment, I sometimes feel like I am in a meeting that I was in 20 years ago. We must be 20 years on from Baroness Corston’s report, which roundly proved that criminalising women was costly to society, dangerous for our criminal justice agencies and bore no results. I used to run a female offenders’ centre in the west midlands that came about because of what was in the Corston report and we had a 97% non-reoffending rate. Sadly, I think the state has the opposite: a 97% reoffending rate. We know that women’s centres and services that divert people from prison work. It is not soft touch; it stops criminal activity. Do I think for a second that somebody who has stolen some Calpol should go to prison? That is phenomenal, yet it happens up and down our country. We know the data.

Unfortunately, the Government have a policy of building new women’s prisons, which they will fill overnight at great cost to the taxpayer. The reoffending rate achieved will be nowhere near as good as investing that money in women’s centre services. I set up a women’s centre because I watched victims of domestic abuse from my refuge being criminalised as part of the pattern of the abuse they had suffered, for things such as their children not going to school—that is the point of a women’s centre. Women move miles away from their home, where they have been living in horrendous situations in which they have basically been enslaved, and their children are frightened to leave them to go to a new school. Then they are criminalised because their children will not go to school. That is just unbelievable bad practice, all over the country.

I am not entirely sure why the Government, in the small bit of data they bother to collect, would look at the reoffending rates from prisons and women’s centres and think, “Prisons: that is the one for us.” It is absolute madness and does not make any sense. The failed and now returned to the state privatisation of probation—a dreadful and failed experiment over the past 10 years—has largely decimated our women’s criminal justice centres, which were doing brilliant and amazing work. I cannot stress enough the need for better data and understanding in this space.

On statutory defences, as alluded to by my hon. Friend the Member for Edmonton, I tabled amendments to that effect in the Domestic Abuse Act 2021. I continue to believe that statutory defences in cases of domestic abuse and sexual violence and exploitation should have a role in our law. Just as my hon. Friend pointed, it seems ridiculous that the same provisions for cases of force used in break-ins do not exist for victims of domestic abuse. It is as if the state is basically saying “We are not expecting zero violence. You should be able to take a bit of violence before you kick back.” That is pretty grim, and I urge the Government once again to look at statutory defences. Under the stewardship of the right hon. Member for Maidenhead (Mrs May), statutory defences were put into law in cases of modern slavery and human trafficking.

I am afraid to say that, although the law is written well, the practice is not so good, as my hon. Friend the Member for Vauxhall pointed out, so much more work needs to be done in that space. But there is nothing for victims of domestic and sexual violence. The right hon. Member for Maidenhead, the ex-Prime Minister and Home Secretary—back in the time when Home Secretaries stayed for a long time—acted with a spirit of fairness and had an understanding of what will work and what is right. I encourage the Government to take on that grit.

As for the firewall, I will briefly say that a woman in my constituency came to me because her husband was threatening to kill her. He continued to threaten to kill her after she called the police, as I told her to do, and she had a “sig” marker put on her house because her life was at risk. The police turned up, and the next thing I know she called me. Because she did not speak particularly good English, she said that she was in Bradford, but she was actually in Bedford, in Yarl’s Wood, because when she called the police to say that her husband was threatening to kill her and was coming round, she ended up in immigration detention. She has since, of course, been given indefinite leave to remain; I think she is actually a British citizen now. She should never have been detained, and she certainly should not have been detained when there was a threat to her life, because the next time her husband threatens to kill her, she will not call the police, and then I will read out her name on the next International Women’s Day.

We have case after case like that, and the Government’s response to our amendments on the firewall—the Domestic Abuse Commissioner has made clear that he supports that, and anybody who knows anything about anything thinks it is a good idea—is to act as if they are doing a kindness. What a kindness they did to my constituent when they put her in detention when her life was at risk. They act as if they are doing a kindness when they say, “Well, sometimes there is a need for the police to speak to immigration.” Of course there is. I speak to immigration all the time, but I do not do it as an enforcer; I do it to try to ensure that a victim’s immigration status can be sorted out and she can access the right services, and I do it at her request.

There is absolutely no reason why the police could not act in exactly the same way. No one is saying that we can never speak to immigration, but we should speak not to immigration enforcement, but to the Home Office at the point at which the victim needs her immigration sorted out. Caseworkers in violence against women and girls services do that all over the country, all the time, and nobody ends up in detention, so why do they when the police do it? It is a disgrace—it is part of the hostile environment—that the Government do not want to end the practice of detaining women who come forward to say that they have been raped or abused, that their lives are at risk, and that something should be done about it.

The Government agreed to the Istanbul convention, apart from the bit about migrant women. They literally carved out their rights, creating a two-tier system.

[Caroline Nokes (in the Chair)]

Order. I remind the shadow Minister to leave time for the Minister.

[Jess Phillips]

I will sit down shortly.

There is literally no excuse. I really hope the Government look at the report I mentioned, take its recommendations incredibly seriously, and use facts and evidence, not ideology, to make decisions about what they do with my constituents’ tax money.

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[Miss Dines]

I am grateful, Ms Nokes.

On the cost of living, the Government remain committed to supporting victims. We have launched a £300,000 flexible fund, which we are working closely with Women’s Aid to deliver. I was privileged to visit a refuge recently, and to speak to the women who will benefit and who have benefited from that money, which has been accepted. The fund was launched on 10 May, and it makes payments of between £250 and £500. More financial support goes to pregnant women or those with families. Further support—

[Jess Phillips]

Will the hon. Lady give way on that point?

[Miss Dines]

Yes, of course.

[Jess Phillips]

That fund ran out within about three weeks of it being launched. I have tried to access it twice, and there is no longer any money in it.

[Miss Dines]

I am always pleased when money runs out because that means it has been fully utilised. I was about to finish the sentence by saying that further support is under review. The demand for that service has been considered.

Let me mention one or two other points that hon. Members raised with great earnestness. On the drugs strategy and county lines, on 6 December 2021, the Government published a 10-year drugs strategy, and through that strategy we will support our flagship county lines programme, investing £149 million over three years in that area. That funding will add to the £65 million invested since November 2019.

How will the Victims and Prisoners Bill improve people’s experience and the experience of victims? We are supporting victims of domestic abuse by enhancing the position of independent domestic violence advisers, while improving wider support services through a joint statutory duty in England on police and crime commissioners, local authorities and health bodies to collaborate in commissioning support services. Beyond the Bill, we are providing £51 million to support victims of sexual assault and domestic abuse. Those are unprecedented numbers that the Government have committed to this field.

I have a little more time to mention support for migrant victims of domestic abuse. How we support migrant victims of domestic abuse has been raised by several hon. Members today. Let me reiterate that the Government are committed to supporting all victims of domestic abuse, regardless of their immigration status. We know that victims of domestic abuse with insecure immigration status can face additional barriers when seeking support from agencies and professionals. That is why in April 2021 the Government launched the support for migrant victims scheme, which is run by Southall Black Sisters and their delivery partners. I have had the pleasure on numerous occasions to speak with members of that organisation. That scheme provides wraparound support for migrant victims, including accommodation, subsistence support and counselling. As I mentioned, I am pleased to have met members of the organisation on several occasions and I am grateful for their work in this area.

As committed to in the domestic abuse plan, we allocated up to £1.4 million in 2022-23 to continue to fund the scheme. We have now extended that funding into March 2025. More than 950 victims have been supported through the scheme since its introduction, and I welcome the important work that Southall Black Sisters and many other specialist organisations do in this area.

Data sharing, which has been mentioned by several hon. Members, is an area where there are strongly held views. Following our 2022 review of data sharing for migrant victims of crime, we will be establishing a migrant victims protocol. That will provide an assurance to individuals that no immigration enforcement action will be taken while criminal justice proceedings are ongoing or while support to make applications to regularise their stay is being sought.

Alongside establishing that protocol, we are developing a code of practice on personal data sharing between the police and the Home Office regarding victims of domestic abuse subject to immigration control.

[Miss Dines]

The Government have committed large amounts of funding to support partners, and are always looking at and reviewing what they are going to do.

[Jess Phillips]

Will the Minister give way?

[Miss Dines]

If I could just progress a little, I will mention the code of practice, which is pertinent to this area. Both the code of practice and the migrant victims protocol are currently under development. We are engaging with the Domestic Abuse Commissioner and the Information Commissioner Office on the code, and considering how to engage further in this area.

[Jess Phillips]

Will the Minister give way?

[Miss Dines]

I will be happy to do so once I have made a little more progress.

Right at the beginning of the debate, the hon. Member for Edmonton said that she had grave concerns about how people are dealt with by the police. I agree, on behalf of Government, that it is crucial for police officers to have the right tools and training to engage sensitively and appropriately will all victims of domestic abuse.

I hope it is useful to set out what training is already available for the police. For those entering the service, the College of Policing’s foundation training includes substantial coverage of police ethics, including the effects of personal conscious and unconscious bias. The initial training, undertaken by all officers, also covers hate crimes, ethics, equalities and policing without bias. Further training is then provided in specialist areas throughout an officer’s career. For example, training for those involved in public protection includes methods to raise officers’ self-awareness of their own views, stereotypes and biases.

[Miss Dines]

When I have had engagement with the national leads from the College of Policing, I have always been impressed with how they have been prepared to develop and pursue areas in their training. I know the hon. Lady will make representations to them and to me on how the training can be made better, and I am always interested in hearing about that.

I am pleased that Domestic Abuse Matters training has been widely undertaken. The Domestic Abuse Matters programme has been delivered to the majority of forces and we are supporting the roll-out to remaining forces. There are also updated modules, which are of assistance.

[Jess Phillips]

Will the Minister give way?

[Miss Dines]

I will just pursue this point for a little while.

The first responders training specifically considers the needs and vulnerabilities of different victims as a core thread running throughout. The training also specifically covers responding to so-called honour-based abuse. We have not debated that in detail today so I will not spend too long on it, but I am pleased the training is developing in areas where that is needed. That is why debates such as this are so informative—because new ideas and recommendations can be brought forward. The College of Policing also issues authorised professional practice documents, which are the official source of professional practice on policing.

Various hon. Ladies raised the issue of data, and that is important because data and evidence is what informs us. While we received much reassuring information in December when His Majesty’s inspectorate of constabulary and fire and rescue services and its partner organisations published their report on the super-complaint, there is a need for improvement in the recording of ethnicity data and for the police to develop wider awareness of the different cultures and religions in their local communities. The Home Secretary and I take this very seriously. I am pleased the police have accepted the recommendations relating to those points and I look forward to seeing positive change as a result.

Funding for ethnic minority victims has also been raised in the debate. Violence against women and girls affects a wide range of people, and a one-size-fits-all approach is not always the most appropriate way to support victims, especially those with specific needs and vulnerabilities, which includes ethnic minority victims. We recognise the importance of specialist “by and for” VAWG services to understand the specific issues that ethnic minority victims face; they have the necessary skills and experience to provide that support. One of the pleasures of being the Minister with responsibility for this area has been meeting so many experienced people in these fields—voluntary, paid, individuals, groups. It has been wonderful.

To further bolster this important work that the Government do, the Home Office, alongside the Ministry of Justice, has launched the violence against women and girls fund, which will allocate up to £8.4 million of funding for “by and for” and specialist services across England and Wales over two years. The competition has concluded and announcements on successful bidders will be shared in due course.

The Home Office has also recently awarded over £10 million to organisations providing specialist support to children who have been impacted by domestic abuse, an area close to the hearts of all of us in this room. As part of this, we have provided SafeLives with funding to specifically improve the support available for children from ethnic minority backgrounds. This includes developing the knowledge of frontline professionals by delivering training with support from specialist “by and for” organisations.

As set out in the tackling domestic abuse plan, we aim to enable a whole-system approach to make sure the whole system operates in greater co-ordination to respond to domestic abuse and support victims. This support is essential and that is why we committed to invest up to £7.5 million in domestic abuse interventions in healthcare settings. It is very important that we tackle this and support each and every agency we can. This will include independent domestic violence advocates informed by, and specialised in, the needs of marginalised victims.

The Government response to the Domestic Abuse Commissioner’s “A Patchwork of Provision” report, published in March, reiterates the value of “by and for” specialist services in providing the tailored support required by those with protected characteristics and those who experience the highest levels of exclusion from mainstream services.

I offer my thanks again to the hon. Member for Edmonton for securing the debate. I look forward to reading in further detail the recommendations in her assessment report, which will be given to me. This is an important and emotive subject, as reflected in the emotions and careful considerations of this debate. As I said at the beginning, the Government are wholeheartedly committed to tackling violence against women and girls. That means going after perpetrators, strengthening our systems and, crucially, ensuring that victims and survivors get the support they need and deserve, whatever their background and ethnicity.

Illegal Migration Bill

Jess Phillips Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Mrs May]

My right hon. Friend is absolutely right. I will refer to that issue myself later on, because the Government have not thought through the implications for the numbers of traffickers and perpetrators caught as a result of this Bill.

I said that I was not going to dwell on the legal issues, but there are genuine questions of incompatibility with article 4 of the European convention on human rights, which is, of course, part of UK law through the Human Rights Act 1998, and with aspects of the Council of Europe convention on action against trafficking in human beings, such as articles 13 and 10.

However, the heart of the problem is, I believe, very simple. If someone is trafficked into the UK by illegal means, coming from a country where their life and liberty were not threatened, and is taken into slavery here in the UK, they will not be able to claim modern slavery or have the protection of the Modern Slavery Act. That would cover most of the men, women and children who are trafficked into slavery in the United Kingdom.

Let me let me give an example. A woman from, say, Romania, who is persuaded that there is a great job here for her in the UK, is brought here on false papers and put to work as a prostitute in a brothel. She has come here illegally from a safe country, but she is experiencing sexual exploitation and slavery here in the UK. That is just the sort of case, in addition to British nationals who have been enslaved here, that the Modern Slavery Act was intended to cover. Let us say that she manages to escape and meets some people willing to help. She is taken to the police, but the Government say, “You came here illegally. We’re deporting you to Rwanda.” Alternatively, the traffickers may fear that she is looking to escape, so they take her to one side and explain, “It’s no good doing that, because all they’ll do is send you to Rwanda.” We could have handed the traffickers a gift—another tool in their armoury of exploitation and slavery.

The Government might say that it will be okay if the woman helps with an investigation, because the Bill contains that caveat, but that seriously misunderstands slavery and the impact of the trauma of slavery on victims. It can take some considerable time—weeks and weeks—for somebody to feel confident enough to give evidence against their slave drivers. Under this Bill, by the time they might have been able to get that confidence, they will have been removed from this country. As my right hon. Friend said, it will become harder to catch the traffickers and slave drivers.

I could give another example. Perhaps someone comes here illegally and works in the economy, which, sadly, people are able to do, but then finds themselves vulnerable on the streets and is picked up by slave drivers and taken into slavery. Again, even if they escape, perhaps after years of exploitation, the Government will shut the door on them and send them away under this Bill. I could give other examples, but the hon. Member for Glasgow Central has already given some and I think the point has been made.

There are a number of possible solutions. At the weaker end, the Government could delay the commencement of the Bill’s modern slavery provisions; I note that the official Opposition have suggested doing so until a new Independent Anti-Slavery Commissioner is in place and has assessed the impact of the Bill. It would be good to have a commissioner in place and to hear their views on the Bill, but I think that there is more to consider.

First, the Government should not introduce the modern slavery provisions of the Bill until they have assessed the impact of the changes that they made in the Nationality and Borders Act 2022, the relevant provisions of which came into force at the end of January. They are piling legislation on legislation that they have already passed, and they have no idea whether it is going to work. This approach is therefore not necessary. Secondly, they need to assess the impact of the deal with Albania, because in recent times a significant number of people coming on the small boats have come from Albania. Thirdly, as my right hon. Friend the Member for Chingford and Woodford Green and I have both pointed out, they need to assess the Bill’s impact on people’s ability and willingness to come forward, to be identified as slaves and to give evidence against the traffickers and the slave drivers.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Has the right hon. Lady seen the letter from all the Home Office-funded providers of modern slavery support services that arrived yesterday from their overarching body, the Salvation Army? Literally every single one of the specialist support providers doing the exact work that the right hon. Lady has identified has clearly stated to the Government that the Bill will make it absolutely impossible for them to provide support and help to catch traffickers.

[Mrs May]

I am grateful to the hon. Lady for pointing that out, because I had not seen that letter, as it happens, but I am not surprised that those who are working directly in the field are making those points to the Government. Sadly, I must say to my right hon. Friend the Minister that I fear the modern slavery aspects of the Bill reveal a lack of proper consideration of slavery and what it means, of the experience of victims and survivors, of the need to catch the perpetrators if we are to stop it, and of the difficulties that the Bill will create. I think the Government should assess the Bill’s impact on people’s willingness to give evidence and therefore on our ability to catch the traffickers and slave drivers.

It would be of more benefit to our ability to catch slave drivers and support victims and survivors, however, if we ensured that people in slavery in the UK were excluded from the Bill. That would mean recognising the intention of the Modern Slavery Act: that those who have been in slavery in the UK should be protected by the Act regardless of their immigration status. Some of my colleagues may say, “Doesn’t that mean an awful lot of people will want to stay here?” and worry about the numbers, but actually many people who are brought here into slavery want to go home. They do not want to stay here, but under the Bill I fear it is more likely that they will stay in the UK and stay in slavery.

I could say much more about the Bill and its implications, but in the interests of time I will not. I realise that I have already spoken for longer than I told the Whip I might—a black mark in the book!—but this is in our interests. I want to sit down with the Government and find a way through that does not deeply damage the Modern Slavery Act, abandon victims and make it harder to catch traffickers and slave drivers. I fear that the Bill will do all those things. Let us find a way to ensure that it does not. Let us find a way to maintain our world-leading reputation for supporting those who are the victims of slavery, and for the work that we do to catch the traffickers and perpetrators.

--- Later in debate ---

[Jess Phillips]

I agree with everything the right hon. Gentleman is saying and I look forward to working with him to get some of the things that we all want to see. Does he agree, though, that there would be no risk of modern slavery victims—or those making fake modern slavery claims, who the Government seem to be convinced exist—being held up in the system and being allowed to stay here if it did not take an average of 553 days for them to be assessed? If we went back to the 45-day system that used to exist, which might be the case if more had been put into it over the years, there would be no risk that people might use it to stay in the country longer.

[Sir Iain Duncan Smith]

Clearly the faster the claims can be assessed, the better it is for everybody, as they can be discovered either to be illegal or to be genuine victims. That is the key thing.

Clear evidence of abuse of the system needs to be published, because it is important that the figures are there to be understood. A very small number are actually claiming it, and the 73% that we were told about on Second Reading in fact refers to those who are detained for removal after arrival. That amounted to 294 people. We need to get the figures in context, then we can understand what the problem is and how we deal with it. If the evidence shows that there is an increase, we will then be able to use parts of the Bill.

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[Robert Jenrick]

Sir Roger, it is an observation but it is also incorrect, because I have already spoken about the many questions around children that have been raised.

Before I wind up my remarks, I want to address the issues regarding modern slavery that have been raised by my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith). All of us in Government look forward to engaging with them and learning from their unrivalled expertise and experience in this field as we ensure that the Bill meets the standards that we want it to meet. A number of hon. and right hon. Members said there was no evidential basis for taking action with regard to modern slavery. I do not think that that is fair. Let me just raise a few points of clarification. When the Modern Slavery Act was passed in 2015, the impact assessment envisaged 3,500 referrals a year, but last year there were 17,000 referrals. The most referred nationality in 2022 was citizens of Albania, a safe and developed European country, a NATO ally and, above all, a signatory to the European convention against trafficking.

[Jess Phillips]

Will the Minister give way?

[Robert Jenrick]

I am not going to give way on this occasion.

In 2021, 73% of people who arrived on small boats and were detained for removal put forward a modern slavery claim.

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[Robert Jenrick]

With great respect to my right hon. Friend, I do not think it is correct to denigrate the concern that 73% of those people who arrived on small boats and were detained for removal put forward a modern slavery claim. I think that figure suggests that, were we to implement the scheme in the Bill—and it is absolutely essential that we do—a very large number would claim modern slavery. That would make it almost impossible for us to proceed with the scheme. The evidence, I am afraid—

[Jess Phillips]

Will the Minister give way?

[Robert Jenrick]

I am not going to give way. I am going to bring my remarks to a close, because I think I have spoken long enough.

--- Later in debate ---

[Robert Jenrick]

As I have previously said to my right hon. Friend, I look forward to listening and engaging with him and like-minded colleagues. However, we come to this issue with a serious concern that there is mounting evidence of abuse of the system, and we want to ensure that the scheme we bring forward works and does the job.

[Jess Phillips]

Will the Minister give way?

[Robert Jenrick]

I will not give way, because I am about to bring my remarks to a close.

[Jess Phillips]

He’s scared of me!

[Robert Jenrick]

I will happily give way, then. I am certainly not scared of the hon. Lady.

[Jess Phillips]

The Immigration Minister says there is mounting evidence. Which agency does it come from? Is it Border Force? Is it the National Crime Agency? Is it local authorities? Which of the agencies that make modern slavery referrals is responsible for the most fraudulent referrals? Is it one that the Home Office manages, or is it somebody else?

[Robert Jenrick]

I gave way to the hon. Lady against my better judgment, and what she says is not the point. The point is that three quarters of people on the verge of being removed from this country claim modern slavery. I am afraid that is wrong, and we need to bring it to a close.

With that, I fear I have run out of time. I look forward to engaging with colleagues, particularly those I have referenced this evening. I encourage colleagues on both sides of the House to continue supporting this incredibly important piece of legislation.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 20th March 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Just to correct the Minister, it was not the hon. Member for Glasgow South West (Chris Stephens) who made that criticism, but the Salvation Army, which the Home Office employs as its main contractor on trafficking.

I asked the Prime Minister this, and I got no answer, so I am trying again. When I worked on a Home Office contract, I met many women and children who had been brought here illegally to be repeatedly raped as sex slaves. The Prime Minister tweeted that such victims would be denied access to support from our modern slavery system—a tweet that will be an absolute delight to traffickers. How will we help to prevent a woman who is brought here illegally from being repeatedly raped if she is denied access to our modern slavery system?

[Robert Jenrick]

The hon. Lady and I agree that we want to do everything we can to support the victims of human trafficking, but we disagree on how we do that. She is content for people to be brought across the channel in small boats at the behest of human traffickers. We want to break that cycle once and for all, and we believe that that is the fair and the moral thing to do. Today, a majority of the cases being considered for modern slavery are people who are coming into the country—for example, on small boats. We are seeing flagrant abuse, which is making it impossible for us to deal appropriately with the genuine victims, to the point that 71% of foreign national offenders in the detained estate, whom we are trying to remove from the country, are claiming to be modern slaves. That is wrong, and we are going to stop it.

Illegal Migration Bill

Jess Phillips Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Suella Braverman]

I am sorry, but I am going to have to make some progress. When our world-leading Modern Slavery Act 2015 was passed, the impact assessment envisaged 3,500 referrals a year. That Act of Parliament was an important step forward in protecting vulnerable people from the abuses of human trafficking and modern slavery, and I am incredibly proud of it. But last year there were 17,000 referrals, which took on average 543 days to consider. The most referred nationality in 2022 were citizens of Albania, a safe European country, a NATO ally and a signatory of the European convention against trafficking. In 2021, 73% of people detained for removal put forward a modern slavery claim, which compares with a figure of just 3% for those not in detention. We have also seen a number of foreign national offenders who, after serving their sentences for some of the most despicable crimes, such as murder and rape, have, on the point of removal, put in a last-minute claim of modern slavery to thwart their deportation. The fact is that our modern slavery laws are being abused.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Can the Home Secretary tell this House how many of that 17,000 increase was made up of British people, including British children? Until this year, they made up the largest group of people who have increased in the numbers—we are talking about British children. Will she also point out to the House exactly who makes the referrals into the human trafficking system in our country? Is it, in fact, done under her auspices, as Home Secretary, and those of the Home Office? Can people claim it, or is it actually her office that has to say whether they can do so?

Change of Name by Registered Sex Offenders

Jess Phillips Excerpts

Thursday 2nd March 2023 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

I, like everybody else, rise to give huge and enormous credit to my hon. Friend the Member for Rotherham. I will not say her name, because protocol does not allow it, but there is an element of nominative determinism about her name in these instances. She truly is a great Champion, alongside the Safeguarding Alliance, and has once again ensured that Della’s name rings out in this place. I love to hear from my hon. Friend at all times, both inside this Chamber and outside of it, but I would like not to have to hear from her again on this issue—no offence to her. Let today be the end of these demands.

If we were to do one of those fancy word clouds based on today’s debate, I feel that “no-brainer” is the word that would pop out biggest. It seems absolutely phenomenal that after 20 years, we are still in this position. To talk through some of today’s contributions, the hon. Member for Telford (Lucy Allan) told us about the very important case of Joanna in which her perpetrator, Clive Bundy, changed his name. The hon. and learned Member for Edinburgh South West (Joanna Cherry) and my hon. Friend the Member for Gower (Tonia Antoniazzi) talked about a very serious potential safeguarding loophole in certain cases, where it is not just a name change consideration—where there is an advanced level of secrecy with regard to the DBS. Again, going back to the word cloud of this debate, another phrase would be “safeguarding has to come first”. There is nothing else; there is no other priority.

Following on from the Scottish National party Front Bencher, the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans), I could not agree more that the line here is the safeguarding of children and vulnerable people. That is the line; that is the most important thing; that is the starting point, not the end point. It should be the primary concern, and we must do everything we possibly can to ensure that that is the case. The fact that Ian Huntley’s name was able to ring out across this Chamber so many times today is a harsh reminder of how many years this has been in train.

This Chamber has a long tradition of the constituency of Bolsover being represented in a plain-speaking fashion, should we say; one that does not mince words. Today, that fine tradition was honoured by the hon. Member for Bolsover (Mark Fletcher)—I look forward to his contributions at the first King’s Speech. His brave and certain questioning of the Government’s speed, some of the responses they have given, and how robust they claim the law is was refreshing to hear; long may that plain speaking continue. In the hon. Gentleman’s speech, he said that it seems unbelievable that the rights of a perpetrator often trump the rights of a victim. I am here to tell this Chamber and the world that that is true in almost all cases, whether of rape or of domestic abuse, just by the very fact that a perpetrator has legal counsel and support. A victim of a crime is merely evidence in a case—that is it. That is what it feels like to be a victim; certainly for children, it is a very hollow feeling when they are asked to give evidence and take part in these cases for years and years.

Let me give an example. Last night, I went to an event around the case of Joanna Simpson, a woman murdered—sorry, unlawfully killed—whose perpetrator was found guilty of manslaughter, regardless of the fact that he had prepared a grave for her months before. He is due to be released after 13 years of incarceration for her unlawful killing. He knows exactly where her family live, but they are not allowed to know where he will be released to, not even on a regional basis. That is the case for people who suffer sexual crimes: they have absolutely no right to know anything. It is just a fundamental flaw.

[Mark Fletcher]

I referred earlier to a piece of constituency casework that relates very much to that point. The constituents who have inspired me to be involved in this conversation are desperate for the clarity of knowing the new name of the offender involved, but they are unable to get it. The answers from His Majesty’s Prison Service are hilarious, and I cannot fathom why this is acceptable. I have written to the Minister for clarification on whether HMPS is upholding the regulations correctly, but I support the point that the hon. Lady is making— I entirely agree with her.

[Jess Phillips]

It seems baffling. I think that if we were to go and speak to anybody on the Clapham omnibus—if we were to go outside and speak to any member of the public—they would not believe that that is the case in most circumstances. They would be absolutely horrified.

My hon. Friend the Member for Liverpool, Wavertree (Paula Barker) called on Home Office Front Benchers to publish the documents, something that we have heard again and again in this House. It is not acceptable that, although my hon. Friend the Member for Rotherham (Sarah Champion), our great champion, has forced those documents and that assessment and review to exist, Members in this place cannot see them. I join in those calls from my hon. Friend the Member for Liverpool, Wavertree.

I pay particular tribute to the hon. Member for Mole Valley (Sir Paul Beresford), because he has been trying to tackle this issue in this place since, I think, the year I was born. [Hon. Members: “Ouch!”] I realise that that sounds like a terribly backhanded compliment, but it is not intended that way at all—when he was citing some of those cases, I was thinking, “I was five then.” He has announced his departure from this place, and he will undoubtedly be remembered for championing the rights of children during his time in this House, specifically those who have suffered from sexual offences. The fact that the legislation on paedophilia that we are all familiar with did not necessarily exist all those years ago, but now exists, is in no small part down to the hon. Gentleman’s work in this place. He is absolutely right to point out that these offenders are manipulative: in the case of Joanna Simpson, which I highlighted, the reason why a manslaughter charge was given rather than a murder charge was the adjustment disorder caused by a divorce—that was the manipulation used. It is terribly hard to adjust to divorce, and almost everybody in the country who has to do that ends up murdering somebody— I don’t think.

There is that level of manipulation, and how our state agencies in fact back that manipulation up. There is an opportunity today, by supporting this motion, to stop some of that manipulation and to stand in its way. The hon. Member for Bath (Wera Hobhouse) reminded us why this issue matters, its importance, the lifelong trauma suffered by the victims of these crimes and how we should never forget that. There are victims here today, and many of their names have rung out. If only all the victims, such as Sandy, who was mentioned by my hon. Friend the Member for Gower (Tonia Antoniazzi), could be here today to listen to this debate. It is not okay that things have taken this long.

I will finish up my remarks. Like the hon. Member for Bolsover, I also changed my name. I did it online. I went online and I changed my name, and a woman called Angela in my office just signed it—that was it. That was what it took. I paid £36. It is probably more now, as inflation has gone up since then. It took absolutely no effort whatever to change my name. It was considerably easier than getting a driving licence or applying for other things. It was very easy for me to change my name with no effort and no check whatever, so I know how easy the process is. We have to make sure that this easy liberty —I am not saying it should not be easy for me, although I was stunned by how easy it was—which I may very well be entitled to, is used with caution, if at all, in the case of those on the sex offenders register. It should certainly never ever be able to be used without the proper processes and systems that flag things up.

[Wera Hobhouse]

I, too, have changed my name—to make it shorter, to be honest; my name was too difficult. Does the hon. Member agree that we would be happy to go through a more complicated process if that would protect and safeguard young people?

[Jess Phillips]

I agree. I would have been more than happy to undertake a much more robust process to change my name from the good Northern Irish name of Trainor to Phillips. It would have been no bother to me if it had taken a lot more effort. Many other things in life take a lot more effort when they should not.

[Mark Fletcher]

I am sorry for interrupting the hon. Member again, and I am grateful to her for taking a second intervention. There is an advantage in some cases for the ease of changing a name, particularly through the unenrolled process, which is for domestic abuse victims. I neglected to mention it, and I am glad that the opportunity has arisen. In some cases there is advantage in not doing the enrolled process, and in the ease with which it happens, and we do not want to affect that. I am sure she would agree on that point.

[Jess Phillips]

I do agree with the hon. Member on that, and it throws up another anomaly in the system. I have worked with many domestic abuse victims, who have tried desperately to not be able to be found, yet, our state systems, whether that be our family court system or our criminal court system, are willy-nilly giving out details of people against their safeguarding and their request. Once again, it feels like the onus is on the victim to protect themselves and we, as a state, are protecting the perpetrator. The balance is off.

I want to ask the Government directly what action the Home Office is taking to identify the hundreds—if not thousands; as has been identified, we expect it to be far more—who have gone missing. What assessment have the Government done of reoffending in that group? Funnily enough, I asked about reoffending rates and assessments that the Home Office was doing in cases of court delays, where people accused of sexual offences against children or adults are waiting years and years. I wanted to understand what measures were being put in place to ensure that reoffending was not happening in cases waiting for three or four years to get to court. That came across my desk because of a multiple child abuse case, where the victims had been waiting five years for their court date, and it was then put off for another year. They will be adults, incidentally, when they sit in the court room. It was found that the perpetrator in that case was living with children. The House might not be surprised to hear that he had not notified anybody.

I asked the Home Office what assessment was being done of reoffending in this space and I also asked the Ministry of Justice. I did get an answer: they are not doing an assessment of that reoffending. I find that harrowing. Where is the independent review looking into this issue and the management of sex offenders, which was, as we have all said, commissioned a year ago?

I will close my remarks by saying that if we want to know about the offender management that exists in this country, let alone whether it is robust, we need only read any of what HMICFRS—all those letters; we changed it to a ridiculously long name—has written about probation and police forces in this country and the level of reoffending in the groups we are talking about today. We should be under no illusion: safeguarding is not being achieved.

--- Later in debate ---

[Jess Phillips]

I notice that the Minister mentioned “high risk of harm”, which is often up for debate in these issues. Does she agree that all sex offenders pose a high risk of harm?

[Miss Dines]

Indeed, all domestic abuse and sex offenders are high risk, which is why, of course, domestic abuse has now been included in the police strategic issues.

As I have set out, we do have safeguards built in. It is important that operational decisions are made in a way that ensures resources are deployed where they will be most effective in mitigating risk. As hon. Members will appreciate, I cannot go into detail about some of the intricacies in this field as, of course, we do not want to give people extra ideas—there are operational sensitivities. As with any matters related to public protection, we must always remain vigilant and front-footed to ensure our approach is as effective as possible.

The issue of name changes has been discussed by the hon. Member for Rotherham and others. The Government have listened to those concerns, as have I, and I am undertaking work to see what more can be done. We know that there is the internal review.

--- Later in debate ---

[Miss Dines]

I very much believe in open transparency, but there must always be checks when things are so sensitive that it would not be of assistance.

[Jess Phillips]

Will the Minister give way?

[Miss Dines]

I want to make a bit of progress, but I am very happy to talk about it. I have given way a few times, but I would be interested in taking up any further discussions outside the Chamber.

Serious issues have been raised in relation to name changes and changes of gender. An individual who is transgender and has a criminal history is subject to the same monitoring, rules and checks as any other offender. That is the case regardless of whether they have a gender recognition certificate. A change of name resulting from a change of gender does not relieve the registered sex offender from their notification requirements. Regardless of the route used, everyone applying for a DBS for a criminal record certificate must follow the same identity validation process to demonstrate their current identity. This includes the requirement to provide at least one document previously issued by the Government in the current identity, or consent to providing fingerprints. The DBS sensitive applications route allows transgender applicants, including those who self-identify, to provide their full previous identity information to the DBS, while not disclosing that to a prospective employer or having it printed on their DBS certificate.

There is more to do in this area. I am very interested in this area, with the competing rights of such individuals and those who need protection, and I am looking at this. For applications via this route, the DBS additionally seeks to see a name change deed poll or a separate signed self-declaration to formally record the link between the current name and the identity that is to be protected. An application will also be checked against both male and female genders within the system.

Protection from Sex-based Harassment in Public Bill

Jess Phillips Excerpts

Committee stage
Wednesday 22nd February 2023 Public Bill Committees

[Christine Jardine (Edinburgh West) (LD)]

I will make only brief remarks. I could not agree more with the hon. Member for Walthamstow and the right hon. Member for Romsey and Southampton North.

I was struck by what the hon. Member for Walthamstow said about her daughter being three. Before my daughter was born, a number of us at work found it immensely frustrating that we constantly had to face “banter” in the office. We were called unreasonable if we did anything about it, because it was just “reasonable banter”. We might miss the significance of the Bill and think it a small step. In a way it is, but in another way it is huge and important, because we have put it on record that such “banter” is not the reasonable thing; being offended by it is the reasonable thing. The reasonableness is with the women.

The hon. Lady’s mention of her daughter being three reminded me of the situation we faced daily in the workplace before my daughter was born. It struck me that my daughter is now 26. The workplace situation has improved, but the so-called banter continues. Those offensive statements and that harassment fall below the level of violence, but they are just as damaging because the issue is cultural. It affects women’s self-esteem, what we do and where we go in the evenings, even with our keys between our fingers. It is important to recognise today that we have to draw a cultural line, as the right hon. Member for Romsey and Southampton North said. It is a cultural problem that we have to continue to fight daily. I hope that when the daughter of the hon. Member for Walthamstow is 26, we will have made more progress than has been made in the past 26 years.

[Jess Phillips (Birmingham, Yardley) (Lab)]

People always say this, but I actually mean it: it is a pleasure to serve under your chairmanship, Sir Gary. I express my thanks and those of the Labour party to the right hon. Member for Tunbridge Wells for the opportunity to have this longed-for conversation and to start to build the legislative framework.

The right hon. Member was drawn out of the legislative lottery, which is an odd quirk of this place. At the time, I noted—I mean no offence to him—that there were more people in the top 10 called Greg than women on the list. Hearts sank somewhat for some of us in the room, as they did for charities such as Plan and Girlguiding that have been working on the issue and trying to find a sponsor, so it was a relief that the right hon. Member immediately and clearly wanted to do it. I thank him for allowing us to have this conversation and move the legislation forward.

As we have heard in today’s very reasonable debate, including in the contribution of my hon. Friend the Member for Walthamstow, the Labour party stands ready and willing to work with the Government before the Bill’s final stages so that we can all agree without dividing the House. Nobody wishes to divide the House on the issue; we wish to sing with the same voice. I make that offer to the Minister.

I am not blessed with daughters, unlike others who have spoken. I am blessed with sons—I have two teenage sons. My hon. Friend the Member for Walthamstow made an important case about what people ought to know and how they ought to be reasonable. My sons know that you don’t shout at women in the street and that you don’t find your way into their heart by touching them up in a crowded place. My sons know that, not out of any spectacular parenting on my part but because they are reasonable human beings.

When our children were young teenagers—they are basically adults now, which I do not like to admit because it makes me feel old—my husband and I were in a park in south London. A woman was jogging past us. There were two men sat on a bench: it was 4 o’clock and they were drinking cans of lager, having a perfectly nice time. The woman jogged past and they started shouting at her about her arse and her physique. She was none the wiser: she had headphones in, though not out of design on her part, I should have thought.

I did not even notice that this bad thing was happening, because I am so used to it—I am so used to this sort of thing happening. My husband turned on his heels and absolutely blazed the two men, not even for what they were doing to the woman, but for doing it in front of his sons: “Don’t teach my children that this is the way to behave. Don’t ever do that.” Obviously they gave him some lip back, but the next time they go to shout at a woman, they will look around in that moment and they will stop. It is not reasonable, and they ought to know that it is not reasonable, but it made me feel incredibly sad that because that behaviour is standard, I did not even notice it.

On the reasonableness of men, I should mention that after the Sarah Everard case, women came forward and described all the stuff they have to do to keep themselves safe. They described the keys in the hands, the headphones in, the heads down on the train—“Don’t talk to me, don’t touch me.” We all know that; we have all done it. It is important to say that the huge weight of that burden falls on young women. A school uniform is a red rag to a bull, which is terrible.

When we were all saying that we did all this stuff—thinking about how we were going to dress and how we were going to get home, tagging our friends, calling each other—my husband said to me, “If you had the time back, and you had the level of detail that you have lived your life at since you were about 10, you could make a feature-length stop-frame animation film as good as ‘Wallace and Gromit’. That is the level of detail and time that has been taken off you as an individual.” That was labour that he did not have to do, as a man.

In the arguments that my hon. Friend the Member for Walthamstow is putting forward, all I think we are asking for is not to make the victim do the labour. We have done enough labour and put in the work to provide security for women. As individuals, we have done the state’s work for generations. In every rape case and every sexual violence case, there is still the problem that the person doing the labour, both in the investigation and on trial, is the victim. We have an opportunity to take that labour away.

We all want to see this legislation on the statute book. Anyone who says it will mean loads of people ending up in prison has never been at a trial relating to violence against women and girls. Hope springs eternal that anyone will go to prison for anything! We have a real opportunity here, but as the right hon. Member for Romsey and Southampton North says, we have to make sure that this legislation is the beginning and that we make it as good as possible. What we should not do is put the labour on the shoulders of the victims.

I think I have been positively manny in my response. People come back at me saying that harassment is “banter” and that boys will be boys, but I hate that idea because I think much more of men than that. I think men are capable, brilliant human beings who can make choices. When they make choices to do bad things, it is nothing to do with boys being boys. They are not base or inhuman. They can control themselves. They are cracking—I raised two of them! They are not without control over their own faculties. It is not “boys will be boys”; it is “abusers will be abusers”. That is the top and bottom of it. I thank all hon. Members, and we obviously support the Bill.

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

It is a pleasure to appear before you, Sir Gary. I confirm that the Government support the legislation, and I thank my right hon. Friend the Member for Tunbridge Wells for his work on the issue.

I remind hon. Members about the effect of the Bill, as it stands. The Bill provides that if someone carries out behaviour that would fall under section 4A of the Public Order Act 1986, intentionally causing someone “harassment, alarm or distress”, and does so because of the victim’s sex, they could receive a longer sentence of up to two years.

My right hon. Friend has already set out the effect of his amendments, but I will confirm the Government’s position. New clause 2 and amendments 2 to 4 are purely consequential. They will ensure that the scope of the other statutes is unaffected by the Bill.

New clause 2 will add the new offence of sex-based harassment in public to schedule 1 to the Football Spectators Act 1989. Schedule 1 is a list of the offences that will generally cause a person to be issued with a football banning order

“unless the court considers that there are particular circumstances…which would make it unjust”.

An FBO prevents a subject from attending UK football matches and may place conditions on them on match days, for example by forbidding them from going to a particular city centre or being within a certain distance of a stadium. It can require them to report to a police station in connection with matches overseas.

Section 4A of the Public Order Act 1986, the offence on which the Bill builds, is listed in schedule 1 to the Football Spectators Act 1989. As that is the currently available offence for prosecuting someone who deliberately harasses another person on account of their sex, such a person should be issued with an FBO, but in future such a person would instead be convicted under section 4B. If we do not add the new offence to schedule 1, such a person could slip through the net and escape an FBO. The amendment will prevent that consequence and help to ensure that those who engage in sex-based harassment cannot sully the beautiful game.

New clause 2 will also add section 4B to the provisions listed in schedule 8B to the Police Act 1997. The legislation is devolved in Scotland, but with the agreement of the Scottish Government we seek to make the amendment here; it is right that when a consequential change arises from a UK Bill, we should make the necessary amendment ourselves wherever possible, in the interests of not unduly troubling our colleagues in Holyrood with the effects of our legislative changes. Schedule 8B lists the offences for which a person’s conviction, even if spent, will be disclosed on a criminal record certificate, unless certain conditions apply that relate largely to a period of time having elapsed since the conviction. Section 4A of the Public Order Act 1986 is listed in the schedule. Adding a new public sexual harassment offence will ensure the maintenance of the Act’s existing coverage, thus ensuring continued safeguarding.

--- Later in debate ---

[Miss Dines]

The hon. Lady makes very interesting points, and I know she is particularly interested in intent. It is right that we need to prove intent as part of the offence. I would question how much of a barrier this is in relation to the sorts of behaviour that the Bill is intended to address. I remind right hon. and hon. Members that the explanatory notes suggest five examples of behaviour that the Bill would cover, and I know the hon. Lady will be very aware of them. They are:

“(a) following a person (for example, deliberately walking closely behind someone as they walk home at night);

(b) making an obscene or aggressive comment towards a person;

(c) making an obscene or offensive gesture towards a person;

(d) obstructing a person making a journey; and

(e) driving or riding a vehicle slowly near to a person making a journey.”

I ask right hon. and hon. Members whether it can be plausibly claimed that a person carrying out that sort of behaviour does not actually intend to cause harassment, alarm or distress. It is not benign behaviour; it is almost as if that behaviour speaks for itself.

[Jess Phillips]

I agree, and I am sure everybody in this room would say that. I have sat in courtrooms and heard cases of people having been burned with an iron, and it has been argued that it was reasonable that that happened, so excuse us for trying to make sure that the Bill is belt and braces! We have all sat through people saying it is reasonable that a woman was strangled to death while she was having sex. It seems fanciful to the reasonable, of course, but it happens every day.

[Miss Dines]

I am grateful for that intervention. Of course, there are lots of different types of offences, and the circumstances that are explained are normally—I will not say “more serious”, because all these offences are serious—higher-level punishment serious offences. The Government have worked very hard in this area with the non-death strangulation measures that have been brought forward, and we seek the Labour party’s support for those sorts of measures. To some extent I agree with the hon. Lady, and to some extent I do not. For every matter that comes before the courts, it depends on the circumstances of the case. But things do evolve, and I accept that point.

Crime and Neighbourhood Policing

Jess Phillips Excerpts

Tuesday 31st January 2023 Commons Chamber

[Suella Braverman]

When it comes to decisions and investigations by the Independent Office for Police Conduct, that is an independent process in which I cannot intervene. What it comes down to is empowering chief constables to be able properly to discipline those police officers who fall short. That is why I am engaging in a programme of work to ensure that they have greater powers to take the right action to root out the poor officers in their ranks.

It is essential that the police work to win back public confidence and serve the law-abiding majority. We need visible, responsive policing treating victims with respect and care. That is why I called for the police to turn up to every single burglary—it makes a difference to victims and to the investigation. It is also right that all forces have now committed that officers will visit every victim after a crime such as domestic burglary. People should expect nothing less.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Will the right hon. and learned Lady commit to the police going out to every single incident of domestic abuse here today?

[Suella Braverman]

I will get on to what we are doing for women and girls. I am incredibly proud of the landmark Domestic Abuse Act 2021, which the Government pioneered and led and is providing a huge amount of resource and powers to those supporting victims of domestic abuse. People want to feel safe—[Interruption.]

--- Later in debate ---

[Suella Braverman]

The hon. Lady is wrong. Antisocial behaviour is about a criminal and policing response to behaviour that blights communities. The Home Office leads on antisocial behaviour, but of course we work in partnership. Those who know about tackling antisocial behaviour will tell her that it requires a policing response and a heavy local authority response. That is why, working as a team, we need policing and local authority partners to work in partnership, and that is what my colleague, the Secretary of State for Levelling Up, Housing and Communities and I are doing as a team.

Countless projects across the country have set up neighbourhood watch groups, increased CCTV and introduced wardens to improve community engagement, all to help the law-abiding majority. The crime survey for England and Wales estimates that there has been a decrease of 24% in neighbourhood crime since December 2019. However, let me be clear: drugs are an underlying cause of antisocial behaviour, which blights communities. The illegal drug trade wrecks lives and also requires a targeted approach. Our strategy on illicit drugs will cut off supply and give addicts a route to a productive and drug-free life, while reducing the recreational use of drugs. The Home Office has invested £130 million in that effort. Through our flagship county lines programme, we have closed down 2,500 county lines and made 8,000 arrests. We have safeguarded thousands more people, preventing them from falling into this wicked, destructive business. Border Force has made major seizures and Project ADDER—addiction, diversion, disruption, enforcement and recovery—is another success. That is all targeting the supply and use of drugs. We will continue, because this is so closely related to antisocial behaviour. That will include restricting access to nitrous oxide.

Tackling violence against women and girls is a priority not just for the Government but for me. Every woman in the Chamber will know that feeling—on the street, on public transport, at work or school, online, and sometimes, tragically, in the home—of feeling unsafe, on guard and threatened. That has to change. Deputy Chief Constable Maggie Blyth is the first national policing lead on violence against women and girls. Addressing the issue is now a strategic policing requirement just like tackling terrorism, serious and organised crime and child abuse. I am proud of the action we have taken since 2010. Of course, there is more to do, but let us not ignore the huge and important progress made so far.

The Government have criminalised forced marriage, revenge porn, failing to protect a girl from female genital mutilation and virginity testing. We introduced Clare’s law, new stalking offences and stalking protection orders, and the offence of controlling and coercive behaviour. We passed the landmark Domestic Abuse Act 2021 and we are now backing a new law on street harassment. That is a track record of which I am proud.

Let me just say this to the Opposition Front Benchers. Labour, frankly, is in no fit state to lecture the Government about protecting women after the Scottish Labour party voted in favour of the SNP’s gender recognition Bill. If enacted, the Bill would allow predatory men to access women-only spaces. It would allow sexual offenders to more easily harm women, an obvious and serious risk to women’s safety.

The shadow Home Secretary was asked last year to define a women—she likes touring the media studios. She just could not do it, saying it was a rabbit hole she did not need to go down. Let me help her. The answer is an adult human female. How can the right hon. Lady even begin to fight for the safety of women when she cannot even define one?

[Jess Phillips]

I think a woman is an adult human female. I wonder whether the Home Secretary will commit that, when one is beaten up by her husband, every single call to the police on domestic abuse will receive a response?

[Suella Braverman]

I will just get back to the point I was making: the shadow Home Secretary does not have any legitimacy on fighting for the safety of women when she cannot even define one.

Rape and sexual violence are devastating crimes that can have a long-lasting impact on victims.

Violence against Women and Girls: Plymouth

Jess Phillips Excerpts

Wednesday 25th January 2023 Westminster Hall

[Jess Phillips (Birmingham, Yardley) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I know we are quite tight for time. I want to show massive respect to the hon. Member for South West Devon (Sir Gary Streeter) and all those who he represented who are working collaboratively in Plymouth. He said that doing that was one of the commission’s recommendations. I have to say, given the kind of reports that get written, it is a delight to hear in this building of a recommendation actually being fulfilled. It was good to hear that this place needed to be involved.

There are many brilliant organisations in Plymouth, but I want to pay specific tribute to one that I mention very regularly when I talk about violence against women and girls general: Trevi House, which is one of only two places in the entire country where women can go with their children into substance misuse rehabilitation. I cannot express how important it is that that exists. Indeed, it is to our country’s shame that there are really only two, or possibly three, places in the country where that is available, because it is hugely important to preventing what the hon. Member for Redditch (Rachel Maclean) talked about. I know that the right hon. Member for Plymouth, Moor View (Johnny Mercer) and his wife are heavily involved with Trevi; Plymouth should be really proud of that jewel in the crown.

That said, in recent years we have obviously seen some devastating cases of violence. Others have talked about the heartbreaking murder of Bobbi-Anne, whose family described her as

“a beautiful girl who lit up our lives”

and whose death meant that their

“lives will never be the same”.

The inquest into the deaths of Stephen Washington, Kate Shepherd, Maxine Davison, Lee Martyn and three-year-old Sophie Martyn continues as we speak, so it would not be right to go into that too much. However, incel ideology—which was mentioned by my hon. Friend the Member for Pontypridd (Alex Davies-Jones) and others, including the hon. Member for South West Devon, who made a very strong and actually progressive case in that area—was undoubtedly involved in that particular case.

It is absolutely lovely to hear the fervour and the care that Plymouth has taken, but I am afraid to say that it will only ever be able to go so far on its own merit while it, like everywhere else in the country, relies on the infrastructure built for victims of violence—[Interruption.]

[Mark Pritchard (in the Chair)]

Order. There is a Division in the House, so I am suspending the sitting. There may be more than one vote. For the first vote we will suspend for a maximum of 15 minutes and then for 10 minutes thereafter, but I will continue once the mover of the motion and the two Front Benchers are here, so hon. Members should please be as quick as possible.

--- Later in debate ---

On resuming—

[Jess Phillips]

As I was saying, Plymouth, like other places in the country, relies on the national infrastructure.

I wish to ask the Government a few questions. Last year, the Government committed to making violence against women and girls a national policing priority, as the hon. Member for Redditch said, yet here we are, nine months later, and it has been reported that nothing has happened. Will the Government confirm that nine months after Ministers announced it, they have not yet made prioritising violence against women and girls a strategic policing requirement?

I could talk about what has happened in the past nine months, but I do not even need to stretch to then—I will just go back over the past few weeks. Yesterday, we heard that a man with a history of violence was able to sexually assault and murder law graduate Zara Aleena after mistakes were made by probation staff. The chief inspector of probation, Justin Russell, found that McSweeney had been wrongly assessed as medium risk by staff who were under “mounting pressure”. Mr Russell claimed:

“In this particular case we found a very heavily overloaded senior probation officer supervising a probation officer who had 50% more workload than they should have had.”

I could go on. This week, the latest domestic abuse stats from the Crown Prosecution Service show a crisis once more, I am afraid to say. From 2022, prosecutions are down 9.6%, while convictions are down 9%. Convictions in the latest quarter were just 9,587; in the same quarter in 2019, there were 12,467 convictions. That is a 23% fall. In 2019, there were 16,257 completed prosecutions; today, that figure is 12,672. That is down 22%. Those disgracefully low statistics demonstrate the Government’s failure to act, meaning that victims are kept in danger and perpetrators are left in our communities, in our homes and on our streets.

I am sure we will all have seen the media reports about the police over the past few weeks. The Met alone is investigating 1,000 domestic or sexual abuse claims involving 800 of its officers. Last year, the Centre for Women’s Justice super-complaint against the Met found significant inconsistencies in how cases of domestic abuse perpetrated by police were dealt with. The Home Office is responsible for the police. That is where the buck stops. Why are police officers accused of rape or domestic abuse not immediately suspended, as Labour is urging for? The public are astounded that this is not the case already.

Where is the promised domestic homicide sentencing review of the deaths of women, like the women killed in Plymouth? We are a year in the waiting. Where is the harms report from the family court review? Again, we are more than two years in the waiting. Where is the perpetrator strategy? Charge rates for rape have dropped to a shameful 1.5%—a drop of two thirds over the past seven years. Where is the action?

Plymouth has shown grit and joined-up thinking. I would like to see the same from this place.

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

It is a pleasure to serve under your chairmanship, Mr Pritchard.

I thank my hon. Friend the Member for South West Devon (Sir Gary Streeter) for bringing forward this debate on such an important issue, for highlighting the work of the Plymouth Violence Against Women and Girls Commission and for sharing the learning of the commission, to which I pay tribute for its work. I also thank those who made considerable journeys to come here, such as Councillor Rebecca Smith and Eva Woods, who has come from Peterborough. Much work is done on a community level, and that is very much how this issue will move forward.

Work in this sphere starts at the community and is also led at a national level. There is personal responsibility, too. It is only with all the sectors working together that fundamental change will be achieved. It is not just from the centre down; the things that work work with the community and individuals grappling those issues. I pay tribute to those locally elected people and those working very hard in Plymouth, as well as the Members who have always worked very hard in this place.

I reiterate at the outset how important tackling violence against women and girls is to me and to this Government. Indeed, the Prime Minister made that clear in his new year speech this month. We need a change of culture, and that is what this Government are doing. Successive Governments have failed to grip the issue, and I am pleased that this Government are gripping it.

The David Carrick case has underscored yet again why this work is critical. It is a horrific set of circumstances. It is tragic and dreadful, but I welcome the opportunity to use it to move forward. I echo the Home Secretary’s words of tribute to victims for their extraordinary strength and courage in coming forward. We must not only deal with perpetrators but encourage victims and survivors to come forward—with an onus on the perpetrators, but listening to the victims. For the victims to have suffered as they did at the hands of a police officer is almost unthinkable, and my thoughts are with them.

I express my deepest sympathies to the family and friends of Bobbi-Anne McLeod, whose life was so tragically cut short. What happened has understandably shocked us all, but particularly those in the community of Plymouth. It is shocking to the core. Whether in Plymouth or anywhere else around the country, we must use every tool at our disposal to ensure that law-abiding people can feel safe both inside and outside the home. That is a major priority for me and the Government as a whole.

Several Members raised the Keyham shooting. The inquest into those tragic events began just last week, so it is inappropriate for me to say anything other than that my thoughts and deepest sympathies remain with everyone involved in that matter.

I pay tribute to my hon. Friend the Member for South West Devon for bringing forward the debate and to all those people who have worked alongside him on this quite lengthy journey. It is a good cross-party piece of work, and change in society works only if it is from the grassroots up. It is encouraging to see cross-party work at that level. The words that resonated with me were:

“We are all in this together.”

Those were well-thought words, and I thank him for them.

The Trevi organisation and First Light were also mentioned. In my previous job, I had dealings with Trevi, and I travelled down to visit the area. I have always been immensely impressed with the organisation. It is just the sort of organisation that needs support. The hon. Member for Birmingham, Yardley (Jess Phillips), speaking for the Opposition, also rightly raised it. I pay tribute to it for its work.

My hon. Friend the Member for South West Devon was absolutely right that we need cultural change. These issues are deeply rooted in our society. We also need better support. The recommendations of the commission rang very true. The work of the Safer Plymouth Partnership, Moonstone and Operation Gemstone are all important, and I pay tribute to them for their work. It is an issue for us all—that is quite right. The violence against women and girls strategy and the domestic abuse work are fundamental, and I am pleased that more than 50 organisations around the city are delivering work on the issue.

My hon. Friend asked about additional funding and concerns that small groups are finding it difficult to access funds. That is exactly why the Home Office, with a lot of careful thought, is providing for consortia applications, so that those with expertise can assist those with lesser expertise to move in the right direction to secure funding. We need cultural change, as the comments of my hon. Friend the Member for Redditch (Rachel Maclean) reflected.

In relation to understanding why these things happen, the Home Office has undertaken a lot of research. In relation to the amount of research generally that is engaged, I am genuinely flabbergasted at the effort, expense and thought that has gone into policy making in the Department. I know that my hon. Friend the Member for Redditch has witnessed that.

As my hon. Friend the Member for South West Devon said, we need to be a clear voice talking to the deeper causes of what happened. The Online Safety Bill will be amended in the Lords to reflect even greater concerns than when it first appeared before the House of Commons Chamber. The amendment will further strengthen it. It is a seminal piece of legislation and I am proud that it is this Government that is bringing it through. I do not accept the narrative that it is in any way inadequate. Legislation in this place rightly evolves and moves forward. That is why we have the House of Lords and the amendment process.

I thank the hon. Member for Pontypridd (Alex Davies-Jones) for her contribution. She mentioned physical violence and coercive control, and that is at the heart of her work as chair of the APPG on perpetrators of domestic abuse. The Government are rightly shifting their focus to perpetrators, and a lot of money is being spent by the police as well as with stakeholders to ensure that work bears fruit. Historically, there has been an emphasis on the victim. We know that from offences such as rape and all forms of violence against women and girls, and against men. We want to shift the focus from victims to perpetrators. We must change societal attitudes and stop misogyny. I agree with her on that, but I do think that the Online Safety Bill is groundbreaking and will be improved.

This Government introduced the Domestic Abuse Act 2021, which the hon. Lady mentioned. I do not accept that it has failed to catch online harms. There will be a focus on using industry to assist in this policy area.

My hon. Friend the Member for Torbay (Kevin Foster) made a valuable contribution. The death of Bobbi-Anne McLeod was fundamental in bringing about local change. I am grateful for my hon. Friend’s interventions; he mentioned the local police and crime commissioner, Alison Hernandez, and the work that she does. The work done in the south-west on Operation Soteria has been groundbreaking. All these things come together. There will be a moment when there will be change and I think Plymouth is fundamental to that change.

The hon. Member for Strangford (Jim Shannon) reminded us of the dreadful situation in a part of our country and a part of the Union, Northern Ireland, and the very sad case of the lady who was attacked when pregnant, resulting in her death and the death of her unborn child. That is tragic. That is why we need a strong process in relation to violence against women and girls.

I do not need to go back to the great work that my hon. Friend the Member for Redditch did when she was in the job that I now have. She raised some important questions and wanted answers to them. In relation to the register, we are looking at the options. In relation to the specialist orders—the domestic abuse protection orders—we are continuing to work very hard in policy development. I have witnessed that for myself. We are finalising pilot sites, so there is progress in this policy area.

In relation to prevention, my hon. Friend is bang on—to use a colloquialism. The new statutory guidance on relationships, sex and health education is being changed and improved, and my personal view is that there needs to be better training and better education. If we want to change things, we have to get people while they are young, thinking about life and growing up, so I would like to see more work in that space. That is being done with the guidance to be taught in schools.

On transport champions, which several Members mentioned, I recently had the opportunity to speak to the British Transport police. We have appointed transport champions, who have given a set of recommendations that the Government are considering.

[Jess Phillips]

As the hon. Member for Redditch (Rachel Maclean) asked, what is happening with the strategic policing requirement? I note that the Minister has not answered that question, which both I and the hon. Member for Redditch asked.

[Miss Dines]

That is being actively worked on. Violence against women and girls will be added in due course, and if I have anything to do with it, it will be sooner rather than later. It was on my list of questions to get to.

I want to try to mention everyone, because everyone who has contributed to the debate has worked hard in the subject area and I want to acknowledge them all. When there is cross-party work, things really work.

Why do young men become radicalised? I suggest that one of the items in that complex picture is the platform that the internet has given young men to express their feelings without having to go out to meet people. There are lots of psychological reasons for that, and research is being commissioned.

I mentioned the strategic policing requirement, in respect of which a lot of work is being done. The police have to be part of this story, so I am pleased with the work of Maggie Blyth in progressing us forward. My hon. Friend the Member for Peterborough (Paul Bristow), and Eva Woods as the Member of Youth Parliament for Peterborough, are very much an illustration of how this work can multiply across the whole nation. The Government can do their best to steer changes and pass laws, but fundamental change comes from individuals and communities. I am proud of the work that my hon. Friend is doing in Peterborough.

The Opposition spokesperson, the hon. Member for Birmingham, Yardley, has worked very hard on this issue. She rightly talked about the work of Trevi House and said that it is lovely to hear what Plymouth is doing, and I could not agree more. Statistics for convictions are simply not good enough. Successive Governments have had difficulties, and I support the work of the deputy Prime Minister and the Home Secretary to create movement in this policy area. The increase in police officers is a start, but we need the whole culture to change.

I would say much more if I had time, but let me say that the Government do not lack any commitment on this issue. We are committed to tackling violence against women and girls—and boys—which is why we published the cross-Government strategy on tackling violence against women and girls in 2021. It must not be forgotten that £230 million is being spent on the tackling domestic abuse plan, which we published last year. That is groundbreaking, and more than any previous Government have spent. We have made significant progress in pushing out a variety of ways to spend that money. Just one example is the “Enough” communications campaign. It was groundbreaking: almost half a million people engaged with it. It shows a need for change, and that change will happen.

To sum up, much work is being done in Plymouth. The Government are supporting that work by awarding significant amounts of money to the Devon and Cornwall police and crime commissioner. Through the police uplift programme, Devon and Cornwall police have an additional 313 officers. The University of Plymouth has been awarded £670,000 for direct work to make the streets safe. There are now local CCTV vans. There is local educational provision and training, and there is the “safe spaces Plymouth” initiative. I could say much more if I had time. In general, the Government and I are committed. I thank every person who contributed to the debate.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 19th December 2022 Commons Chamber

[Mr Speaker]

I call shadow Minister.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Thank you, Mr Speaker. Merry Christmas to you and to all the staff.

Contrary to the current rhetoric on modern slavery, thousands of British children were enslaved for sex and crime, such as county lines gangs, this year. Of the thousands of children identified as potential slaves this year, more British children were identified as potential child slaves than any other nationality. Last year, there was one conviction for modern slavery offences involving children. A woman I work with was left waiting by the Home Office for two years to be classified as a victim of slavery after she was groomed for sex and criminally exploited in a county lines gang since the age of 13. Referring to the Home Office written statement on the national referral mechanism, can the Minister confirm what “objective factors” to evident slavery means? If the Department thinks it is easy to prove slavery, why was there only one conviction last year?

[Chris Philp]

A lot of work is going on in the area. We have provided £145 million of funding to investigate and tackle county lines. That work has included 2,900 county lines being shut down. Critically, it has also included 9,500 individuals, most of whom are children, being engaged with safeguarding interventions.

Essentially, the national referral mechanism is currently being overwhelmed with a large number of claims, many of which are connected with immigration proceedings. One reason that my right hon. Friend the Minister for Immigration wants to introduce objective criteria is to ensure that we focus our resources on genuine cases like the one that the hon. Lady describes. Rather than having the system overwhelmed by many unmeritorious claims in connection with immigration matters, it is important that we focus our attention on genuine cases like the one to which she refers.