Assaults on Emergency Workers (Offences) Bill

Jo Churchill Excerpts

2nd reading: House of Commons
Friday 20th October 2017 Commons Chamber

[Holly Lynch]

I am really grateful for the hon. Lady’s intervention. I thank her for her support. We had an open dialogue when she was in her previous role, which was incredibly helpful. She is absolutely right that body-worn video has given frontline officers in particular the assurance that, should they be confronted in that way, there will be an evidence base that will help to secure prosecutions in court, which is what we all want.

[Jo Churchill (Bury St Edmunds) (Con)]

On that point, in a recent conversation with police officers in Bury St Edmunds, they said how beneficial body-worn videos are. Is there scope in the Bill for their use in other circumstances, for example for those who work in ambulances and so on who also go into very aggressive situations? They could help them, too.

[Holly Lynch]

Again, I am grateful for that considered and thoughtful intervention. There are lots of issues surrounding the challenge we are trying to address. Legislation and sentencing is one element, and, as legislators, that is our brief, but there are all sorts of conversations about personal protective equipment. Are our frontline emergency service workers carrying everything that would be helpful in those circumstances? The hon. Lady is right that we can look in Committee at where there is scope to incorporate that, but some of those conversations will need to happen beyond this legislative process.

The second aspect of the Bill aims to deal with the hideous act of spitting at emergency service workers. As well as being horrible, spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. At an event organised by Rob Marris, the former Member for Wolverhampton South West, I met PC Mike Bruce and PC Alan O’Shea of West Midlands police, who were also able to join us for the drop-in on Wednesday; my hon. Friend the Member for Rhondda recounted one of those conversations earlier. Both officers had blood spat in their faces while trying to arrest a violent offender. They both had to undergo antiviral treatments to reduce their risk of contracting communicable diseases and they faced a six-month wait to find out whether the treatment had been successful.

During that time, PC O’Shea’s brother was undergoing treatment for cancer. Because it was deemed by professionals that the risk of passing on an infection was too high should he have contracted a disease, he was advised not to see his brother throughout that intervening period. He was also advised not to see his parents, because they were in such regular contact with his brother. PC Bruce had a false positive result for hepatitis B, and, for six months until conclusive test results came through and following further tests within his family, he was understandably reluctant to be close to his wife or children, fearing for their wellbeing. Victim impact statements provided by both officers outlining their experiences, failed to secure a custodial sentence for the prolific offender. Conversely, it only empowered him further. He left court knowing that he had a much greater impact on their lives than he had initially thought and showed absolutely no remorse. At the moment, as we have already heard, if an emergency service worker is spat at, they can take a blood sample from an individual only if that person gives their permission. Needless to say that in the case of PC O’Shea and PC Bruce, the offender was not in a helpful mood, so they were subjected to antiviral treatments and a six-month wait.

The Bill would protect not just police officers, but all blue light emergency responders, as well as healthcare professionals, those engaged in search and rescue work, and prison officers.

--- Later in debate ---

[Kelly Tolhurst]

The hon. Gentleman has been to my constituency many times. I am keen to see what happens to the definition of “emergency worker.”

[Jo Churchill]

When we tease out that definition in Committee, I will offer up lone workers such as general practitioners who go out on call on their own. The definition should encompass the broader point. As my hon. Friend the Member for Saffron Walden (Mrs Badenoch) said, those of us who represent large rural constituencies, including the hon. Member for Rhondda (Chris Bryant), know that people are often going into unknown situations on their own.

[Kelly Tolhurst]

I thank my hon. Friend for her intervention. I was just going on to say that in Rochester I am blessed to have some amazing PCSOs. These individuals go well above and beyond their job description in how they deal with the community. One particular officer, who is part of the community and often works on her own, was attacked this year after going to help somebody. She was supported and assisted by a member of the public who was outraged at what they were seeing. PCSOs do a massive job, so it is important that they are highlighted in the definition.

We have talked about officers having to have time off work, but we must consider the mental impact on an individual who experiences any kind of abuse and physical attack. It affects them but they never quite know how it will do so. It was sad to hear the hon. Member for Halifax mention that she has had contact with policewomen over the past 12 months who are now leaving the profession—that is devastating.

Clearly, we do not currently have the legal framework to ensure that there is proper sentencing, so I am pleased that clause 2 will introduce a new aggravating factor of a more serious degree of harm than usual. That is essential, as the aggressor is hurting not only the public sector worker—our emergency frontline worker—whom he or she has abused but the entire sector. When a police officer is forced to take leave following a violent incident, that force is left short-staffed, which can have a direct impact on the entire area, particularly in rural areas, as we have heard. The same can be true in any public sector, and I find this wholly unacceptable. Why should UK taxpayers have to receive a lower quality of service purely as a direct consequence of an individual’s reckless actions against another member of our community? Put simply, we cannot allow our public services to be weakened by the callous actions of individuals who are indifferent to the negative impact their behaviour has on the rest of our community. If we ensure that the presiding judge takes the wider impact into consideration and we increase the maximum sentencing time, I am positive that offenders will be less likely to assault a frontline worker.

Secondly, it is imperative that all public sector workers on the frontline are protected. The amount of physical and verbal abuse that I have seen spewed at A&E staff and other emergency workers is disgraceful, and we need to protect them. I wish to recount one quick story. Prior to being elected, I had a serious operation and I was in an A&E unit for a number of hours waiting for a life-threatening complication to be treated. I was completely out of it because of the pain, but I recall the abuse and aggression from the individual in the next cubicle while I was suffering. It was appalling, and it is terrible that we have to have police officers standing in our A&E departments—that is an outrage in itself. It is therefore great to be having this debate, but I just wanted to mention that.

Given that Scotland modified its emergency workers legislation to include healthcare workers nine years ago, I am pleased that we are now taking steps to follow suit, which is why I support the hon. Member for Rhondda wholeheartedly in his Bill. Many will agree that as our emergency services are already under pressure, this withdrawal of staff from active duty and, thus, a reduction in the service, is intolerable.

My third point relates to clause 4, which introduces new provisions for taking bodily samples from those suspected of assaulting an emergency worker. It is simply wrong that an emergency worker would have to go out of his or her way to ensure that they have not been infected with a disease after being assaulted. Working on the frontline may increase the risk of the transmission of an infectious disease, so our greatest concern should be to protect those who are tirelessly protecting us. By agreeing to this clause, we can save our emergency workers from that extra hassle and the mental stress and hell of having to go for weeks not knowing what has happened, as other hon. Members have mentioned. The taking of a non-intimate sample can save the victim considerable time and stress, by providing a definite result in the first instance. I very much welcome that.

I fully support the Bill, deeming it necessary legislation, particularly at the present time. While crime rates continue to increase, serious assaults on prison staff have trebled since 2013, and last year there were 24,000 assaults on police officers in England and Wales. In the short term, that has a direct impact on the frontline staff, who already have to deal with a plethora of challenges and situations. In the long run, not having these powers is not sustainable. I agree with the Minister for Policing and the Fire Service that we have to send the strong message that assaulting any kind of emergency worker will not be tolerated in any form. This Bill goes a long way towards doing that.

In closing, I would like to thank everyone who has been involved in this process, and I am extremely pleased to be here to support the hon. Member for Rhondda today.