Crime and Policing Bill (Seventh sitting)

Debate between Jo Platt and Joe Robertson

Committee stage
Tuesday 8th April 2025 Public Bill Committees

[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.

Crime and Policing Bill (Fifth sitting)

Debate between Jo Platt and Joe Robertson

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[Jo Platt]

I absolutely agree with my hon. Friend. Threats, abuse and violence should never be accepted as part of the job. Nationally, the scale of the problem is alarming. USDAW’s latest survey found that 69% of retail workers had been verbally abused in the past year, 45% had been threatened and 17% had been assaulted. Some have been hit with trolleys and baskets, and female staff have reported appalling levels of harassment, which cannot go on. That is why clauses 14 and 15 are so important. They will provide retail workers with the legal protections they deserve and ensure that those who abuse, threaten or assault face real consequences.

Crucially, the Bill also extends the protections to volunteers, many of whom play a vital role in the Leigh and Atherton charity sector. No one who gives their time to help others should have to fear for their safety. The campaign started on the shop floor and now it has reached the Floor of Parliament. As a Co-operative member, I welcome the provisions as the result of years of determined campaigning. With this Bill we take an essential step towards making our town centres safer and showing shop workers that they are respected, protected and valued. Tackling retail crime is a vital step in rebuilding pride and belonging in all our communities.

[Joe Robertson]

It is a pleasure to serve on the Committee under your chairship, Dr Allin-Khan. There is agreement in this room about the problem that the Bill seeks to address. I commend my hon. Friend the Member for Stockton West for his excellent but all too brief speech a few moments ago. If I may, I will start by citing Matthew Barber, the police and crime commissioner for Thames Valley police. Referring to the legislation that already exists, he rightly states:

“It is an offence to assault a retail worker. In the same way that it is an offence to assault any member of the public. Indeed current legislation already allows for someone’s role as a retail worker to be considered as an aggravating factor”.

There are four areas of law whereby a retail worker who has been assaulted might currently have protection. There is assault, unlawful wounding or grievous bodily harm under the common law or the Offences against the Person Act 1861—notice how old that law is; I do not think this room has changed much since then—harassment or putting people in fear of violence under the Protection from Harassment Act 1997; affray or threatening or abusive behaviour under the Public Order Act 1986; and robbery under the Theft Act 1968.

The point that retail workers are in a particularly vulnerable situation has been clearly articulated. That is why these laws, which are good at achieving the aims that they were originally passed for, can leave defects when it comes to ensuring the protection of retail workers.