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Assaults on Emergency Workers (Offences) Bill Debate
Full Debate: Read Full DebateJim Fitzpatrick
Main Page: Jim Fitzpatrick (Labour - Poplar and Limehouse)Department Debates - View all Jim Fitzpatrick's debates with the Ministry of Justice
(7 years, 1 month ago)
Commons ChamberThose are shocking figures. There is a real sense of anger, certainly among the police officers with whom I spoke and other emergency workers, when they have suffered an attack and see those responsible walking away from court with no punishment at all. That is a factor in people deciding to quit these really important occupations in our society.
Another female officer in my police force area shared an incident with me. She was punched in the face, causing her lip to bleed. The suspect was known to be infected with hepatitis C and had a cut on their hand as well. That immediately put the officer in significant danger, as there was a possibility that her own blood could be contaminated. The officer was, of course, required to have blood tests and was prescribed antibiotics to try to prevent an infection. After two weeks’ leave, the officer returned to duty. However, she will not receive her blood test results for another eight weeks and feels that her life has in effect been put on hold. It was particularly galling for this female officer to hear that the suspect, who was convicted, received a prison sentence of only five weeks, which means that they will be out of prison weeks before the officer gets her blood test results.
The fact is that far too many of our police and emergency workers believe that their experiences of assault are not treated seriously enough by the judiciary and that laughable sentences are given to their attackers. Therefore, I welcome the tougher approach that the Bill provides.
Of course, it is not just the police who face assaults. Even more incomprehensible, in some ways, is the sheer frequency of attacks on paramedics, firefighters, nurses and prison officers—people who put their own lives and safety at risk for others—when they are trying to perform their duties.
In addition to the figures shared by the hon. Member for Rhondda, figures that I saw earlier this year indicated that attacks on firefighters had trebled across Wales. South Wales fire and rescue service reported 31 incidents between April 2016 and March 2017, up from just 12 in the previous year. It said that its crews had been subjected to verbal assault and physical abuse, including having bricks thrown at them.
I am grateful to the right hon. Gentleman for citing the figures from Wales. The Scottish fire and rescue service also collates the figures, but the House of Commons Library briefing for this debate has no national figures because they are not officially collected. Does he agree that that omission from public data should be addressed?
I agree with the hon. Gentleman. The devolved Administrations have their own systems for collecting data, but that should not be a barrier to ensuring a proper UK-wide picture of what is going on across the whole country.
If we are serious about taking a zero-tolerance approach to mindless attacks on frontline workers, let us ensure that we have a framework of law that reflects that, not only for the police but for firefighters, paramedics, nurses and prison officers. There have been calls for the scope of the Bill to be widened to include workers in other health and care settings. As I have said, that is a matter for discussion in Committee. The important priority today is to ensure that this Bill passes its Second Reading with the strongest possible support from across the House.
Before I finish, I wish to address one more aspect, which is the proposed powers to take blood samples and non-intimate samples such as saliva. When I began my research, I confess that I did not appreciate the significance of this issue in the context of assaults on emergency workers. One of the officers I met last week described an assault when she went to assist a woman at a domestic incident. The woman turned aggressively on the police officer and attacked her, causing several injuries including significant bleeding when she dug her long fingernails into her hand. The attacker then shouted at the officer that she was carrying a blood disease. For the past five months, that officer has been living with stress and anxiety over what she may or may not have been infected with. No samples have been taken from the attacker to check whether or not she was lying, so the officer has faced the long process of being tested herself. She told me how she has been afraid of just how much physical contact she should give her own children, for fear of passing something on. The right to take samples from suspects will rapidly accelerate the process of determining a potential contraction and will give a confident assurance to those emergency workers affected that we are here to help them through the situation.
There is plenty of detail to be worked out in the Bill, but this morning gives us the opportunity to show our strongest possible support for its Second Reading. It is a chance to signal the extent of our respect and support for our emergency workers. This is not just about signalling, however. I am sceptical of proposed legislation that is just declaratory or that contains just rhetoric; the important point about this Bill is that it is practical and useful, and its measures will make a real difference to the working lives of some of the most important people in our society.
My contribution to this important debate will be brief.
I congratulate my hon. Friend the Member for Rhondda (Chris Bryant), as others have, on introducing this Bill and on his work to raise awareness of it. I also congratulate my hon. Friend the Member for Halifax (Holly Lynch) on her work in last year’s ten-minute rule Bill and her wider “Protect the Protectors” campaign.
We all know that our emergency service workers put themselves in harm's way every single day. They have no idea what they will face when they turn up for work. They take whatever comes, and they deal with it professionally in the true sense of public service. Our emergency service workers work hard to keep our communities safe and to look after people when they are ill or in danger. Those hugely important tasks are the bedrock of any society, and they do it on our behalf. They therefore deserve our full support and whatever protection we can provide.
Last year I took part in the police service parliamentary scheme, which gave me a small glimpse of the commitment and dedication of police officers, and of the pressure and difficult circumstances they have to deal with on a daily basis. On the scheme I spent some time with special constables. My dad was a special constable with South Wales police when I was young. He was seriously attacked in that role, and it is important that we remember the role of special constables and remember that they are an essential part of the police family. We must also remember that, ultimately, they are volunteers.
The police service parliamentary scheme is run by Sir Neil Thorne, and I was on the pilot scheme back in 1998. There is also now a fire service parliamentary scheme. I am sure that, like me, my hon. Friend would commend the schemes to all colleagues so that they can get a better understanding of how the police and fire services work. I am grateful that he has mentioned the police service parliamentary scheme, which will raise awareness of it among colleagues.
The police service, fire service and armed forces parliamentary schemes give parliamentarians a small but important glimpse of those services at the grassroots and of the daily pressures they deal with on our behalf.
Attacking a police officer is already an offence but, as things currently stand, the legislation is not effective and sentences are not fit for purpose. No specific protection exists for workers in the health service. We know from the Police Federation of England and Wales that the rate of attacks on police officers is unacceptably high—one every 15 seconds according to the latest estimates.
A third of my constituency is within the Gwent police force area, and its records show that 103 police officers have been assaulted since 2015, an average of one a week, 24 of which were assaults on detention staff in custody suites. The larger part of my constituency lies in the South Wales police area, and there, on average, nine officers are assaulted in any given week. Assaults often mean that officers are absent from their duties, which means that police resources are further depleted at a time when police numbers are significantly down owing to cuts.
The actual figures might be much higher, as there is evidence to suggest that officers report only the most serious cases, while the rest go unreported. That is replicated across our emergency services, as we have heard this morning.
We also know from figures released by South Wales fire and rescue service in June that there has been a 158% increase in the number of attacks against its crews in the past 12 months. Fire crews have been subjected to verbal and physical abuse and have had objects such as bricks and fireworks thrown at them as they respond to incidents, which is clearly unacceptable. Figures released in December 2016 show that NHS staff in Wales have been physically attacked more than 18,000 times over the last five years.
The evidence is there. Society supports our emergency services and the Bill, as highlighted by the survey of my hon. Friend the Member for Rhondda. Parliament must act and send the strongest possible message that attacks on people working on behalf of the public will not be tolerated. One of the most effective ways to do that is to create a new aggravated offence of assaulting an emergency service worker and to make it an offence for a person who has spat at or bitten an officer not to supply an appropriate sample.
I fully support the Bill and urge others to do likewise. There seems to be a sense of unity across the House on this issue, which is entirely appropriate and very welcome.
I am grateful for the opportunity to make this brief contribution and pleased to follow the hon. Member for Rochester and Strood (Kelly Tolhurst), who made a positive contribution and added her own story to some of the moving and horrific stories that we have heard and which have been experienced by emergency service workers across the country.
I congratulate my hon. Friend the Member for Rhondda (Chris Bryant) on choosing this subject for his private Member’s Bill. He correctly and generously added his acknowledgement of the work that my hon. Friend the Member for Halifax (Holly Lynch) has done in getting the Bill to where it is today. Curiously, and ironically, one of the most significant legislative achievements of parliamentarians is to win the private Members’ ballot. Clearly, that requires consummate skill, and perhaps my hon. Friend the Member for Rhondda can share how he did it with the rest of us, who have been struggling for 20 years and been unable to achieve it.
I had always wanted No. 18, as it was my number at primary school, and the first year I got that number, I won.
Well, there we are—that is the secret. I was going to poke some fun at my hon. Friend and say that his constituents must be proud of him, but of course having heard that he canvassed his constituents I am sure that they are actually very proud to see him introducing the Bill today.
I should declare that which a number of colleagues know: I was a member of London fire brigade for 23 years before being elected to this place. During my 13 years as an operational firefighter, the great anomaly was that on 364 days of the year there were always those, young and old, who wanted to come into the station to see the fire engines, but on 5 November we were not always that popular. In my day, there were many fewer organised bonfires and firework displays, and sometimes they needed fire attention and dousing for public protection. In the approach to fireworks season, whether Diwali, which is on now, or Guy Fawkes night, I hope we have a safe period for all celebrating. We have heard too often of fireworks being used as weapons against police, fire and ambulance workers.
I am grateful to the House of Commons Library, the Fire Brigades Union and London fire brigade for their briefings on this debate. The House of Commons Library briefing says, “Prime Minister Nick Hurd”—[Interruption.] Sorry, I meant to say Policing Minister, although some of us see the hon. Member for Ruislip, Northwood and Pinner (Mr Hurd) as a future Prime Minister—and the hon. Member for East Surrey (Mr Gyimah) has also been mentioned as a prospective future Prime Minister. The House of Commons Library briefing cites the Policing Minister as saying that
“the Government supports the spirit and principle of the Bill, but that ‘there will be detail to work through’.”
Of course that is great news for the whole House, where we have heard positive speeches from Members on both sides indicating that the Bill will pass Second Reading. The briefing goes on to list the number of assaults and attacks, saying that the Home Office estimated that there were 24,000 assaults on police officers in 2016-17 and that the latest bulletin from the Ministry of Justice on safety in prisons in England and Wales says that there were more than 7,000 assaults on prison staff.
On the subject of NHS staff, NHS Protect—which my hon. Friend the Member for Rhondda mentioned as being under threat—states that, according to the figures it has collected, more than 70,000 staff were affected in 2015-16.
I was in Moorfields hospital the other day, having had an eye haemorrhage, and as I sat there during the afternoon, three instances came up on the screen of someone being assaulted in one of the cubicles. I think that numbers such as those are grossly under-reported. Does my hon. Friend agree?
My hon. Friend quotes from personal experience, and we have heard anecdotes in other contributions in the Chamber this morning that officers and hospital staff are reluctant to report incidents other than the most serious. Clearly, there seem to be barriers preventing all the assaults that appear to be taking place from being put on record. My hon. Friend makes a powerful point, and I am sure that the Minister will want to comment on it. I am also grateful to her because she gives me the opportunity to mention West Ham. Just as an aside, we need three points against Brighton this evening.
In an intervention on the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), I mentioned that there were no data on attacks against firefighters. Dr Paul Hampton from the Fire Brigades Union has written to me:
“You probably know that data on attacks on firefighters is not published by the Home Office for England (figures are published in Scotland by the Scottish Fire and Rescue Service).”
The right hon. Gentleman indicated that there are figures for Wales, and other hon. Members have made that same point. Dr Hampton continues:
“So I think you can make the points about the lack of central government monitoring and under-reporting in the debate.”
That supports the point made by my hon. Friend the Member for West Ham (Lyn Brown), and I would be grateful if the Minister commented in his winding-up speech on the absence of data on firefighter assaults in England.
Matt Wrack, general secretary of the Fire Brigades Union, made this point:
“It is never acceptable for anyone to go to work and have to put up with verbal abuse or physical assault. Yet that is what fire crews are now facing on a daily basis in some areas of the United Kingdom.”
That was written 10 years ago, and sadly it is still true today.
Does my hon. Friend agree that the stark reality is that members of the public might think that it is par for the course that this sort of thing happens to people who do these jobs? Does he also agree that the Bill will use the full force of the law to show that we unanimously disagree that the people who protect us should have to go through that?
My hon. Friend makes a powerful point, which has also been made by a number of colleagues, not least my hon. Friend the Member for Rhondda. The emergency services face enough difficulties and threats to their wellbeing because of the nature of the job they do, and they are therefore entitled to whatever additional protection we can give them. I fully agree with my hon. Friend the Member for Peterborough (Fiona Onasanya) on that point.
I want to conclude on a more positive note by making a comment on prevention rather than on dealing with perpetrators after an assault. Ms Helen Newton from the London fire brigade has supplied me with a note about one of its successful initiatives, called LIFE:
“The Local Intervention Fire Education (LIFE) course is a week-long youth intervention programme. It is a programme targeted at young people aged 14-17 who: are at risk of or involved in anti-social behaviour, gangs or other criminal activity; have poor attendance at their educational provision or have been excluded; display challenging behaviour; or are NEET (not in education, employment or training). Starting in Tower Hamlets in 2002”—
it was actually in Shadwell, in my constituency—
“the LIFE project was an innovative approach to engaging with the local community in response to repeated call-out to an estate for youth-related deliberate fire setting and the firefighters being attacked during their response. Running the LIFE courses with firefighters and the local young people helped break down the barriers, develop a respect for the emergency services and educate them about the valuable job they do for their community. Over the course of a week, the young people work alongside the London Fire Brigade to develop skills they can transfer to improve their relationships at home and support their education and future careers. It is a disciplined programme, packed with challenging practical activities which include climbing ladders, working with the breathing apparatus, hoses and casualty rescue techniques. These are interspersed with classroom sessions which teach the young people about social responsibility by learning how their behaviours impact their community, families and themselves. Working alongside the Brigade’s firefighters, they are role modelled positive behaviours and learn to respect uniformed authority figures.
Young people on LIFE may have encountered negative experiences with authority figures such as the police and their teachers, and they view the Fire Brigade in the same light. A positive and supportive rapport is developed with each young person, who then in return develops a respect for the officer they work with and the job they do for the community. Every young person has their progress evaluated by an operational trainer, enabling them to improve their key skills and build a bond of trust. These evaluations form part of a detailed portfolio containing certificates earned through the week, demonstrating a commitment to developing skills such as punctuality, conduct, politeness and effort. The portfolio is presented at a passing-out ceremony at which candidates demonstrate the skills that they have learnt during the week. They are given an individual appraisal by their trainer, and the opportunity to speak about their experiences on the course. Referral agencies, parents and partners attend the pass-out to be presented with their AQA accreditation and portfolio of achievement.”
I have attended many of these pass-out parades. They are hugely impressive events for the trainers, the youngsters and their families, as well as those who sponsor the courses: the police, the City of London, Tower Hamlets pupil referral and others.
I naturally support the Bill, as everyone who has spoken this morning does. I welcome the Government’s support, which is absolutely key for any private Member’s Bill to get on to the statute book. I also hope that the Government will continue to resource initiatives to prevent young people in particular from attacking our emergency service workers.
Finally, I again congratulate my hon. Friends the Members for Rhondda and for Halifax. I particularly thank my hon. Friend the Member for Rhondda for choosing this subject for his Bill. Emergency workers across the country have reason to be grateful to him and his colleagues.
Assaults on Emergency Workers (Offences) Bill Debate
Full Debate: Read Full DebateJim Fitzpatrick
Main Page: Jim Fitzpatrick (Labour - Poplar and Limehouse)Department Debates - View all Jim Fitzpatrick's debates with the Ministry of Justice
(6 years, 7 months ago)
Commons ChamberAs always, my hon. Friend raises a very good point. I hope later to deal with part of that issue, because there are persistent offenders who assault police officers time and time again. Even when they are found to have done it time and time again, the sentences that are imposed can be derisory. If there is more robust sentencing, it is blindingly obvious that the more criminals there are behind bars, the fewer criminals there are out on the streets committing crimes. That would certainly apply here. The more of these characters we can send to prison, the less chance there will be of police officers being assaulted. My hon. Friend makes a pertinent point.
New clause 1 mirrors the Bill with 12-month sentencing powers in magistrates courts and Crown courts. Of course, magistrates do not yet have 12-month sentencing powers for one offence. In reality, they would be left with just the six months they have now. I hope that one day that will change so that magistrates can sentence people to up to 12 months for all the offences we are talking about today.
I say to the Minister that we have promised magistrates for many years that we will increase their sentencing powers to 12 months. The law has been passed; it just has not been brought into effect. The Government have promised magistrates those extra powers for many years, and the Select Committee on Justice has reported on that and said that it should be done straight away. It would certainly help in relation to this Bill. I hope the Minister will reflect on the fact that we need to give magistrates those additional sentencing powers, not least because it is much cheaper to prosecute offences in the magistrates court than to take them to the Crown court.
I seek a small clarification. When the hon. Gentleman says that “we” have promised magistrates an extension of their sentencing powers for some time, does he mean we the Conservative party, we the Conservative Government, we the coalition Government or we collectively as a Parliament?
All of the above. Labour introduced this power in legislation, but did not enforce it. The Conservative party has promised it in manifestos and still has not delivered. The previous Prime Minister, David Cameron, promised it to the Magistrates Association personally and still did not deliver it. I hope that at some point somebody, whichever side of the House they are on, keeps the promise they have made to magistrates, because both parties are guilty of promising something and not delivering it.
New clause 2 would—
I am pleased to be able to make a contribution to this debate on dealing with assaults on emergency workers. Hon. Members might be pleased to know that I stand here not as a lawyer. I have been listening to the lawyers with great interest, because they put such a different perspective on things that I perhaps do not see, and I hope that I have learned a bit from them today. I wholeheartedly congratulate the hon. Member for Rhondda (Chris Bryant) on stewarding the Bill to this stage. I should also like to add my congratulations to the hon. Member for Halifax (Holly Lynch) on the work she has done on protecting police officers, even before the Bill was introduced. I congratulate my hon. Friend the Member for Shipley (Philip Davies) on his diligence and his commitment to this important Bill. He has taken a great deal of time to look into the details and to table a range of new clauses. I welcome the spirit of his new clauses 1 and 2 in particular, and his focus on police officers, but all Members will recognise the wide range of emergency workers whom we have a duty to protect through legislation to ensure that appropriate sentencing is applied for everyone. That is where I have some issues with the new clauses, in that I think they might be segmenting out certain emergency workers.
I have also listened to the arguments for the amendments tabled by the hon. Member for Rhondda, and to the arguments put forward by my hon. Friend the Member for Cheltenham (Alex Chalk), who demonstrated great insight into the Bill as it stands and the possible impact of the new clauses. I will take those views into account, along with the responses of the Minister, when considering what will really work in practice. What we want from the Bill is legislation that really works. We have a duty to our emergency workers to ensure that we have a really practical Bill that will lead to fantastic results. I will expand on my arguments about the new clauses in due course.
I am delighted to stand with emergency workers in Erewash and across the whole United Kingdom as we unite in the Chamber today in condemning those who attack our brave emergency workers, many of whom are regularly prepared to put their own lives at risk so that we can go about our daily lives in a safe and peaceful manner. I pay particular tribute to the emergency workers in my constituency, including the great team of police officers whom I meet on a regular basis. Just last Friday, I visited one of my acute hospitals, the Royal Derby Hospital, where I met people in A&E and saw all the different aspects of their work. I met the ambulance people who work in conjunction with them, and I also went to the pathology department, but one of the great delights of my visit was to stand on the helipad on top of the hospital and look out all around Derbyshire. That was an amazing experience. We must also take account of emergency workers who go out in helicopters as we must ensure that we protect everybody.
I also have Ilkeston Community Hospital in my constituency. Tomorrow it is organising a bed-push to raise funds through its league of friends. That bed-push will be on the high street, but the high street is on a hill, so once again our emergency workers are going above and beyond. There will be teams from the fire service, the ambulance service, Rotary, the Co-op and Tesco, as well as a team from the hospital itself. Nurses will be giving up their free time to help to raise extra funds. All our emergency workers, whether on or off duty, are very committed, and we have a duty to protect them in whatever way we can.
With the support of the Government—in particular the Minister for Policing and the Fire Service, my right hon. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd), and the Minister of State, Ministry of Justice—and the support of the whole House, I am certain that following today’s debate and the Bill’s safe passage through the other place, we will have achieved a practical piece of legislation that will afford our emergency workers the legal protection they so rightly deserve. However, while I commend the scope and principle of the Bill, once it receives Royal Assent, as I fully expect that it will, we should not view this simply as “job done”. Instead, the Bill should become a catalyst for wider public debate—perhaps leading to further legislation—about how we best protect all those in public-facing roles who provide vital services to society.
I commend my hon. Friend the Member for Shipley for standing up for police officers through the tabling of his new clauses, but we need to consider emergency workers, and indeed all public-facing workers, as a whole. Many of the offences under the Bill are already criminal offences in existing law, as the lawyers among us have explained. This Bill differs by giving specific protections to emergency workers. I know that the hon. Member for Rhondda explored this earlier, but I must ask how I am supposed to console other public service workers in my constituency, such as the train conductor, the social worker, the teacher or even my own caseworker, whose contributions to society are just as vital but will not be afforded the same status or protection that emergency workers will receive under the Bill. That is something that we need to look at, and this is why I have some concerns about the new clauses.
I have spoken to countless people who carry out such public roles, and I am sure that all other Members have also done so in their time, both as MPs and during their previous careers. We know that they face many challenges from people who engage in unacceptable and abusive behaviour. All too often they find themselves in potentially dangerous situations, but they will be without the protection that the Bill gives to the emergency workers that it specifies. I think that we need to ensure that the Bill covers all those who have put themselves forward as public servants. The House should acknowledge that, and examine the issue more closely to establish whether further action, including further legislation, is required. A failure to do so would leave us open to the accusation that we have prioritised the safety and the protection of one group of public workers over another.
This long-overdue piece of legislation will serve to protect our protectors. When emergency personnel have been attacked, we as politicians have been all too quick to respond with kind words and the promise of action, but no one has ever been comforted—or, for that matter, convicted—by rhetoric alone. Today we can finally deliver on that promise of action by passing practical measures that will make a real difference to our fantastic emergency workers on the ground, while also signalling the extent of our respect, support and admiration for the vital work that they all do.
I rise to speak very briefly in support of the efforts of my hon. Friends the Member for Rhondda (Chris Bryant) and for Halifax (Holly Lynch) in introducing the Bill and piloting it through Committee. It is clear from all the evidence that has been presented by many Members on both sides of the House over the past two and a half hours or so that it has the overwhelming support of the whole House, although Ministers may question some of the nuances and some of the amendments.
As Members will know, I spent 23 years in the London fire brigade. There are several former firefighters in the House: the right hon. Member for Hemel Hempstead (Sir Mike Penning), the hon. Member for Ayr, Carrick and Cumnock (Bill Grant), and me. The fire service has not featured much in the statistics that we have heard this morning, but that is because it is a much smaller service than the others, so there are fewer incidences of assaults. It has, to an extent, a different culture. None the less, firefighters have been victims of assault on a number of occasions.
More than 20 years ago in Shadwell, which is in my constituency, malicious youths were setting fires or issuing malicious false alarms to get the fire crews to turn out, then took great delight in attacking them. As a result, the local fire station introduced an intervention scheme whereby young people, including some troublemakers, attended a five-day intensive course to enhance their skills and confidence. The young people were referred to the scheme by the police, the local authority referral service and others. Over the past 20 years we have seen fire and police cadets adding to the great work done by the sea, air and Army cadets. It is important that the service has that interventionist arm to prevent kids from going down the wrong road and getting into trouble. However, the purpose of the Bill is to deal with circumstances in which people cross that line.
Spitting is one of the problems. East London has been a tuberculosis hotspot for many years, and at one point during the past 20 years it was the ninth highest TB hotspot in the world—a stunning statistic. Airborne diseases can be transmitted in that way, and aerial transmission of TB is a considerable risk. In Tower Hamlets and Newham, “No Spitting” signs have been introduced in recent years. My hon. Friend the Member for Rhondda referred to London councils that have reintroduced penalty charges to act as a deterrent. He also mentioned Masuaku, a member of the football team that I support, who incurred a six-match ban—not a six-month ban—for spitting. That demonstrates how seriously the football authorities take it, because such a ban is one of the heaviest punishments that can be meted out against professional footballers. The behaviour was completely unacceptable, and was deprecated by all concerned.
The hon. Member for Shipley (Philip Davies) said in response to my hon. Friend the Member for Rhondda that we do not want to send signals; we want action. I think he was being a little churlish, because he knows how important signalling is and how important signalling our intention is. However, he is right that it has to be backed up by action.