Crime and Policing Bill (Seventh sitting)

Jo Platt Excerpts

Committee stage
Tuesday 8th April 2025 Public Bill Committees

[Jack Rankin (Windsor) (Con)]

It is a pleasure to serve under your chairmanship, Ms Lewell. In the previous sitting I touched on the scourge of county lines gangs and the wider pernicious rise of serious, organised criminal gangs in the context of exploiting children. This morning as we focus on clause 32 on cuckooing, it is clear that other vulnerable members of our communities require further protection from these criminals. I am pleased to support the clause, which makes controlling another person’s home for criminal purposes a specific offence.

We are seeing cases not only of children, but increasingly of those with mental health or addiction issues, being used by organised criminal groups, usually using high levels of violence and intimidation, to protect their county lines and to control them. One form of control exploits vulnerable people by using their home as a base for dealing drugs—the process known as cuckooing. Drug dealers can even sometimes entice a vulnerable person into allowing their home to be used for drug dealing by giving them free drugs or offering to pay for food or utilities.

As we have said, these criminals are organised and can therefore be very selective about who they target as cuckoo victims—often, those who are lonely, isolated or drug users. They might operate from a property only for a short amount of time, frequently moving addresses in order to reduce the chances of being caught. Regardless of how long they are there, measures that add a deterrent to this practice are to be welcomed as a further step towards smashing the county lines gangs. I question whether amendment 5 is necessary since the Bill refers to a person’s capacity to give consent as well as making informed decisions. I welcome the Minister’s comments on that amendment.

On clause 33, I question whether restricting the Bill as written to dwelling structures used by a person as their home or living accommodation may give rise to some future loopholes. A garage or outhouse arguably may be used by the person for their business or for storage. Can the Minister give assurances that the clause accounts for the sometimes fine line, especially in cases of garages and outbuildings that may be used for non-domestic purposes but are still used for cuckooing?

[Jo Platt (Leigh and Atherton) (Lab/Co-op)]

I, too, rise to speak on clauses 32 to 34. In Leigh and Atherton we have seen at first hand how cuckooing can tear apart the fabric of our community. Vulnerable residents, often facing significant personal challenges, find their homes taken over by criminals. That not only puts them in danger, but creates that ripple effect of fear and instability throughout our neighbourhoods. By making it an offence to exercise control over another person’s dwelling for criminal purposes, these clauses are a critical step towards tackling this heinous crime.

The broad definition of criminal activities linked to cuckooing, such as drug offences, sexual offences and the use of offensive weapons, is particularly important for our community. It means that no matter how these criminals try to exploit vulnerable people, the law will be able to address it. This adaptability is crucial as we work to stay one step ahead of those who seek to harm our residents. One of the most vital aspects of the Bill is the clear protections that it offers. We have seen in our community how criminals can manipulate and coerce individuals into giving up control of their homes. By ensuring that a person cannot consent to the control of their home if they are coerced, under age, or not fully informed, the Bill removes those legal loopholes that criminals could exploit.

The Bill’s provisions for future-proofing are essential. Criminals are always finding new ways to exploit vulnerable people, and it is crucial that our laws can adapt to these changes by allowing for the list of specified offences to be amended, so that the law remains effective in combating cuckooing, no matter how it evolves. More locally in Leigh and Atherton, we have seen the devastating effects of cuckooing on individuals and families. It is also important to acknowledge that the perpetrators of cuckooing are usually involved in other criminal activity as well—it is wide-reaching.

The community response to cuckooing has been strong, with our local organisations and local authorities working together to support victims and prevent further exploitation. The Bill will enhance those efforts by providing clear legal definitions and protections and making it easier to identify and prosecute those responsible for cuckooing. These clauses are about not just creating new offences, but protecting our communities and the most vulnerable among us. By addressing the specific ways that criminals exploit individuals, and providing clear protections and support for victims, we can make a real difference. I urge my fellow Committee members to support these clauses and help us to take a stand against cuckooing and the harm that it causes in our communities.

[Joe Robertson (Isle of Wight East) (Con)]

It is a pleasure to serve on this Committee with you in the Chair, Ms Lewell, and I agree with many of the comments made so far this morning.

Cuckooing, as we have heard, is a practice typically linked to the grim reality of county lines drug supply, where illegal drugs are trafficked from one area to another, often by children or vulnerable individuals coerced into these activities by organised crime, but is by no means exclusively linked to that activity. In 2023-24, estimates showed that around 14,500 children were identified as at risk from or involved in child criminal exploitation, with cuckooing included as an activity within that—and that number is likely to be a significant underestimate, as many exploited children are not known to the authorities.

The Centre for Social Justice has rightly pointed out that the act of taking over someone’s home not only is a serious violation in itself, but brings with it a cascade of harmful consequences: escalating antisocial behaviour, increasing fear in communities and strain on already overburdened services and the ability of police forces to intervene and investigate. The practice disproportionately targets those who are already vulnerable—individuals who may be struggling with addiction, mental health issues or disabilities, who are often isolated and unaware of the full extent of the abuse that they are suffering, and who find it difficult to understand or even recognise what is happening to them in the place where they live.

I have two issues with the way that clause 32 is drafted, and I wonder whether the Minister can help. The offence is set out in clause 32(1), and states that

“person A commits an offence if—”

setting out three limbs to the test for this offence: that

“A exercises control over the dwelling of another person (B),”

and

“B does not consent to A exercising that control for that purpose”,

and that

“A does so for the purpose of enabling the dwelling to be used in connection”—

this is important—

“with the commission (by any person) of one or more relevant offences”.

Those offences are then set out in schedule 5, and they are a reasonably small list. For example, an offence

“under section 33 or 33A of the Sexual Offences Act 1956 (keeping a brothel)”,

or offences relating to flick knives. I will not list them all.

My question to the Minister is this: why is cuckooing restricted to only a certain specified number of offences taking place in the home? Bearing in mind that A is exerting control over that home, which B does not consent to, I wonder why there is not scope here to say that all criminal offences carried out in that home where that coercive control relationship is taking place could amount to cuckooing.

My second question to the Minister is about the drafting in relation to exercising control. Since an offence only takes place if A is exercising control over the dwelling of person B, the Bill helps us with what exercising control means. Clause 33(4) states:

“The circumstances in which A exercises control over B’s dwelling include circumstances where A exercises control…over any of the following”,

and it then lists paragraphs (a) to (d). For example, paragraph (a) states:

“who is able to enter, leave, occupy or otherwise use the dwelling or part of the dwelling”,

while paragraph (b) covers:

“the delivery of things to, or the collection of things from, the dwelling”.

I will not go through all the paragraphs (a) to (d), but it is not clear from the drafting of clause 33(4) whether they provide an exhaustive list of things that amount to control over a dwelling, or whether they are merely an indicative list.