89 Karen Bradley debates involving the Home Office

EU Referendum: Race Hate Crime

Karen Bradley Excerpts
Tuesday 5th July 2016

(7 years, 10 months ago)

Commons Chamber
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Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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I congratulate the hon. Member for Bolton South East (Yasmin Qureshi) on securing today’s debate and I wish her a happy birthday. I hope she will have some remaining time this evening to enjoy it.

Hate crime of any kind, directed against any community, race or religion has absolutely no place in our society. I reiterate my message from last week: this Government are utterly committed to tackling hate crime, and we will provide extra funding to do so. We will also take steps to boost reporting of hate crime and support victims, issue new Crown Prosecution Service guidance to prosecutors on racially aggravated crime, provide a new fund for protective security measures at potentially vulnerable institutions and offer additional funding to community organisations so that they can tackle hate crime.

I do not propose to repeat the many points discussed last week. Instead, I shall reflect on the comments made today and answer the questions put to me. It is worth repeating, however, that the scenes and behaviour we have seen in recent days, including offensive graffiti and abuse hurled at people because they are members of ethnic minorities or because of their nationality, are despicable and shameful. The examples cited today across the House show that this is a real problem affecting our constituents up and down the country, including in my own constituency of Staffordshire, Moorlands. I know of comments and abuse that have been directed at Polish friends in my constituency —people who have lived and worked there, who have contributed to our communities, and whom we value and want to protect. We must stand together against such hate crime, and ensure that it is stamped out.

The right hon. Member for Leicester East (Keith Vaz) gave the House some statistics. Let me now give some statistics from True Vision, the police online reporting portal, and from the letter to which he referred. Between 23 and 29 June, 331 reports of hate incidents were made to True Vision. When compared to the weekly average of 63 reports in 2016, that shows a 525% increase. However, although those figures undoubtedly seem shocking, I urge people to be cautious about drawing conclusions from them, because they represent a snapshot of reports rather than definite statistics. We should bear in mind that the extensive media coverage of hate crime will have increased awareness of True Vision, and may have encouraged increased reporting—which we welcome. We should also bear in mind that some of the reports may relate to non-criminal hate incidents, and that some may be duplicated. As I have said, I urge caution because this is an early snapshot, but we nevertheless take it very seriously.

The right hon. Gentleman referred to figures included in a letter from the Metropolitan Police Commissioner, which showed that there had been 599 incidents of race hate crime between 24 June and 2 July in the Metropolitan police area. As he said, that is an average of 67 per day. However, it is worth noting that the average daily number before 24 June was 44 per day, and that the number of reports normally varies between 25 and 50 per day. We are seeing an increase in reporting of hate crime, which I greatly welcome, but when we have definitive figures, we will need to establish whether it is an underlying increase in prevalence or an increase in reporting. We need to know how the figures break down.

Much of the reporting of hate incidents has been through social media, including reports of xenophobic abuse of eastern Europeans in the United Kingdom, as well as attacks against members of the Muslim community. However, we have also seen messages of support and friendship on social media. The hon. Member for Bolton South East referred to an incident on a tram in Manchester. I am sure that the whole House will join me in commending those we have seen stand up for what is right, upholding the shared values that bring us together as a country.

When we debated this matter last week, the hon. Member for Belfast East (Gavin Robinson) asked us to ensure that the hate crime action plan did not include the words “tolerate” and “tolerance”, and he was right to do so. We cannot “tolerate” incidents such as these, because they are not acceptable. We cannot say, “You received 40 messages of hate on Twitter today, so if you receive 50 tomorrow that is worse, but if you receive only 30, that is OK.” We cannot tolerate any such crimes. We must make it clear that they will not be tolerated, that they need to be reported, and that the police must take them seriously.

The hon. Member for Cardiff South and Penarth (Stephen Doughty) made a couple of interventions about social media and online messages, and I agree with much of what he said. What is illegal offline is illegal online. We have seen some prosecutions for online hatred, but there is no doubt that more needs to be done. We have been talking to social media companies, and I am pleased to say that the European Commission and IT companies recently announced a code of conduct on illegal online hate speech. We must now work with those companies to ensure that hateful content online is removed and perpetrators are brought to justice, but we must also recognise the scale of the challenge. Facebook receives 4 billion posts a day—4 billion pieces of content are uploaded on to it each day, globally. The task is therefore very difficult. More responsibility must be taken by the social media companies, and I am pressing them on exactly that matter. However, we must also recognise that this is something that we must change in society as a whole.

The hon. Member for Bolton South East talked about hate speech in the media, and again there is no place for hate speech anywhere in society. Freedom of speech is a vital cornerstone of our society, but everybody must remember they have responsibilities not to spread hatred or fear. Anyone using freedom of speech as an excuse to break the law should face the full force of the law.

--- Later in debate ---
Motion made, and Question proposed, That this House do now adjourn.—(Charlie Elphicke.)
Karen Bradley Portrait Karen Bradley
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The hon. Lady asked about Leveson, too, and I note all the points she makes. The press have a responsibility, but she will know there are still some outstanding cases, and we do need to complete them before we can move on.

The hon. Member for Cardiff South and Penarth talked about how this is not a new kind of incident, and probably all of us experienced this through the general election campaign. Some of my posters were defaced and I received the most vile abuse. I have young children. This is why I am not on Twitter any more—because, frankly, they do not need to have that coming into our kitchen on a Sunday morning over breakfast; it is just not necessary.

The point is that this is not new. I went to the launch of the latest Tell MAMA report last week. It shows a 326% increase in 2015—compared with 2014—in street-based anti-Muslim incidents reported directly to Tell MAMA, including verbal abuse in the street and women’s veils being pulled away, with 437 incidents reported to Tell MAMA. The report also finds that 45% of online hate crime perpetrators are supportive of the far right.

This brings me to the work we are doing on our counter-extremism strategy. There has been some confusion about its aims. It is important to set this in context. Extremism is the public supporting and promotion of ideology that can lead to crimes. Those crimes might be terrorist activity or violence against women and girls. The public promotion of FGM, while not in itself a crime, might lead to somebody carrying out FGM, a violent crime against women and girls that we simply do not tolerate. It can lead to division in society and hate crime. That is why the Government are working on that strategy with communities and others. We need to make sure as a society that we are clear about how we tackle those ideologies, be they far right, Islamist or promoting violence against women and girls. Those are the kinds of ideologies we cannot tolerate in this society and that is what we are working on in our counter-extremism strategy.

I want to reassure the House that there is currently no police intelligence to suggest any significant public order risks following the referendum result. There has been a variety of spontaneous demonstrations both in support of and against the referendum result. To date, those have caused only minor disruption and have remained largely peaceful. Police forces are remaining vigilant around any tensions and potential for disorder, and will plan accordingly.

The right hon. Member for Leicester East, Chair of the Home Affairs Committee, referred to the hate crime action plan. This is a follow-up to the hate crime action plan we had in the last Parliament, and we are making progress: we are seeing more reporting and investigating and prosecuting of hate crime, but there is still a lot more to do. That is why we will publish a new hate crime action plan, which will cover all forms of hate crime, including xenophobic attacks. It is a plan we developed across Government and with communities and society, including schools, to make sure that point is included and encouraged in schools from a very early age, so that it is clear that such behaviour is not acceptable.

The hon. Member for Bolton South East talked about working across Government. I am looking at the best way for us to come together to make this point. I look forward to working with her, the Select Committee and others to show a united front in this House and in the leadership of this House on this issue.

Citizens of other EU countries no doubt have concerns, but I reiterate the point that the Prime Minister made last week: we are a full member of the European Union today and we will continue to be a full member until two years after article 50 is invoked. During that period, there will be absolutely no change to the status of EU nationals.

Keith Vaz Portrait Keith Vaz
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The Minister has faithfully reported what the Prime Minister said, but three senior members of the Government who are contestants for the leadership of this country have decided to say that EU citizens can stay. Why does the Home Secretary not agree with them? This issue is not about the Conservative party leadership; it is about the rights of citizens in this country.

Karen Bradley Portrait Karen Bradley
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I understand the point the right hon. Gentleman makes, but he will be aware that the Home Secretary is the Home Secretary, whether she is a leadership contender or not.

The reality is that we have to get into a negotiation and to understand what the position is. We are all entering uncharted territory. This is the first time that any country has voted to leave the European Union. It is the first time that any country has been in this situation. We have to be clear about what the future looks like, and that involves grown-up negotiations not just for those EU nationals who are in this country, but for UK nationals who are overseas. I want to ensure that we get the very best deal for Britain, and that includes the EU nationals who are here and the UK nationals who are living in the European Union.

Keith Vaz Portrait Keith Vaz
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The point that my hon. Friend the Member for Bolton South East (Yasmin Qureshi), I and others are making is that it is this uncertainty that leads to prejudice; it is this uncertainty that leads to one seven-year-old boy saying to another, “You’ve got to leave.” That is why we need to be certain.

Karen Bradley Portrait Karen Bradley
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I disagree with the right hon. Gentleman. I do not think that is what leads to it. It is about a lack of understanding and we need to work very carefully to make it clear that such comments are not acceptable from a seven-year-old boy or anybody else.

We are in uncharted territory. We need to go into the negotiation clear-headed about how we will get the best deal for Britain. To suggest that that is using people as bargaining chips is irresponsible, because everything that we negotiate in the deal will have an impact on people—on people living in this country and on people living overseas. We need to get the very best deal for this country. We need to ensure that it is the best deal for trade and for our citizens, including EU citizens who are living in this country. I want to be clear that it will be a priority to get that status cleared up as soon as possible, so that we can all learn how to live in the new world of the United Kingdom being outside the European Union as soon as possible.

The Government are clear that hate crime of any kind must be taken very seriously indeed. Our country is thriving, liberal and modern precisely because of the rich co-existence of people of different backgrounds, faiths and ethnicities. That rich co-existence is something we must treasure and strive to protect. We must work together to protect that diversity, defeat hate crime and uphold the values that underpin the British way of life. We must ensure that all those who seek to spread hatred and division in our communities are dealt with robustly by the police and the courts.

Question put and agreed to.

Hate Crime

Karen Bradley Excerpts
Wednesday 29th June 2016

(7 years, 10 months ago)

Commons Chamber
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Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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Hate crime of any kind, directed against any community, race or religion, has absolutely no place in our society. As my right hon. Friend the Prime Minister told this House today, we are utterly committed to tackling hate crime, and we will provide extra funding in order to do so. We will also take steps to boost reporting of hate crime and to support victims, issue new Crown Prosecution Service guidance to prosecutors on racially aggravated crime, provide a new fund for protective security measures at potentially vulnerable institutions, and offer additional funding to community organisations so that they can tackle hate crime.

The scenes and behaviour we have seen in recent days, including offensive graffiti and abuse hurled at people because they are members of ethnic minorities or because of their nationality, are despicable and shameful. We must stand together against such hate crime and ensure that it is stamped out. Over the past week, there has been a 57% increase in reporting to the police online reporting portal, True Vision, compared with this time last month, with 85 reports made between Thursday 23 June to Sunday 26 June compared with 54 reports in the corresponding four days four weeks ago. However, I would urge caution in drawing conclusions from these figures as a guide to the trend, as they are a small snapshot of reports rather than definitive statistics.

Much of the reporting of these incidents has been through social media, including reports of xenophobic abuse of eastern Europeans in the UK, as well as attacks against members of the Muslim community. However, we have also seen messages of support and friendship on social media. I am sure the whole House will want to join me in commending those we have seen stand up for what is right and uphold the shared values that bring us together as a country, such as those who opposed the racist and hateful speech shown in the recent video taken on a tram in Manchester.

These recent events are shocking, but sadly this is not a new phenomenon. Statistics from the Tell MAMA report, published today, show that in 2015 there was a 326% increase on 2014 figures in street-based anti-Muslim incidents reported directly to Tell MAMA, such as verbal abuse in the street and women’s veils being pulled away, with 437 such incidents reported.

Worryingly, the report also finds that 45% of online hate crime perpetrators are supportive of the far right. In recent days, we have seen far-right groups engaged in organised marches and demonstrations, sowing divisions and fear in our communities. We have also seen far-right groups broadcasting extreme racist and anti-Semitic ideology online, along with despicable hate speech posted online following the shocking death of our colleague Jo Cox. Her appalling death just under two weeks ago shocked and sickened people not only in communities up and down this country, but in many other countries around the world. As we heard in the many moving tributes paid to her in this House, her loss is keenly felt, and we will always remember that a husband is now without his loving wife and two young children will grow up without a mother.

The investigation of hate crimes is of course an operational matter for the police. I would urge anyone who has experienced hate crime to report it, whether directly to the police at a police station, by phoning the 101 hotline, or online through the True Vision website. In this country, we have some of the strongest legislation in the world to protect communities from hostility, violence, and bigotry. This includes specific offences for racially and religiously aggravated activity and offences of stirring up hatred on the grounds of race, religion, and sexual orientation. It is imperative that these laws are rigorously enforced.

The national police lead for hate crime, Assistant Chief Constable Mark Hamilton, has issued a statement confirming that police forces are working closely with their communities to maintain unity and prevent any hate crime or abuse. Police forces will respond robustly to any incidents, and victims can be reassured that their concerns about hate crime will be taken seriously by the police and courts. Any decisions regarding resourcing of front-line policing are a matter for chief constables in conjunction with their police and crime commissioner.

Since coming to office, the Government have worked with the police to improve our collective response to hate crime. The Home Secretary has asked the police to ensure that the recording of religious-based hate crime now includes the faith of the victim—a measure that came into effect this April. We have also established joint training between the police and the Crown Prosecution Service to improve the way the police identify and investigate hate crime. Alongside this training, the College of Policing, as the professional body for policing, has published national strategy and operational guidance in this area to ensure that policing deals with hate crime effectively.

But we need to do more to understand the hate crime we are seeing and to tackle it. That is why we will be publishing a new hate crime action plan covering all forms of hate crime, including xenophobic attacks. We have developed the plan in partnership with communities and with Departments across Government. It will include measures to increase the reporting of hate incidents and crimes, including working with communities and police to develop third-party reporting centres. It will work to prevent hate crimes on transport, and to tackle attacks against Muslim women, which we recognise is an area of great concern to the community. The action plan will also provide stronger support for victims, helping to put a stop to this pernicious behaviour.

We appreciate that places of worship are feeling particularly vulnerable at this time. That is why we have established funding for the security of places of worship, as announced by the Prime Minister last October. This will enable places of worship to bid for money to fund additional security measures such as CCTV cameras or fencing. We have also been working with communities to encourage them to come forward to report such crimes, and to give them the confidence that those crimes will be taken seriously by the police and courts. My noble Friends Lord Ahmad and Baroness Williams have today visited the Polish cultural centre in Hammersmith, which was a victim of disgusting graffiti, to express their support. We are working closely with organisations such as Tell MAMA and the Community Security Trust to monitor hate crime incidents and with the police national community tensions team to keep community tensions under review.

The Government are clear that hate crime of any kind must be taken very seriously indeed. Our country is thriving, liberal and modern precisely because of the rich co-existence of people of different backgrounds, faiths and ethnicities, and we must treasure and strive to protect that rich co-existence. We must work together to protect that diversity, defeat hate crime and uphold the values that underpin the British way of life, and we must ensure that all those who seek to spread hatred and division in our communities are dealt with robustly by the police and the courts. I commend this statement to the House.

Andy Burnham Portrait Andy Burnham (Leigh) (Lab)
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May I send our sincere condolences to the victims of yesterday’s appalling attack in Istanbul, and send an uncompromising message to the terrorists that they will never prevail?

I congratulate the Minister on her excellent statement to the House. Any referendum has the potential to create division in society, and this one was no different. We have probably all felt the rising tension on the streets of our constituencies in recent weeks. In the aftermath, it is incumbent on any elected representative to do three things: first, to respect the decision of the people; secondly, to work to heal these divisions; and, thirdly, to take on directly and defeat the small minority of people who seek to use these moments to peddle hatred and violence. That is what the whole House together should resolve to do today.

Since last Thursday, there are reports of a fivefold increase in race hate comment on social media channels. The 57% increase in reported hate crimes, which the Minister mentioned, comes on top of an already rising tide of hate crime in England and Wales. Last year, the police recorded over 50,000 individual hate crimes, most of them racially motivated, which was an 18% rise on the previous year.

As the Minister said, perhaps the most disturbing reports are those of attacks on individuals and specific communities in recent days. In Huntingdon, cards have been distributed outside homes and primary schools, saying “No more Polish vermin”. In Hammersmith, a Polish community centre was daubed with racist graffiti. On Monday, The Guardian reported that a Muslim schoolgirl was cornered by a group of people who told her:

“Get out, we voted leave”.

There have been reports of more incidents in Leicester today, which my hon. Friend the Member for Leicester South (Jonathan Ashworth) mentioned. Yesterday in Manchester, footage emerged of a US army veteran and university lecturer being told to “go back to Africa” by three youths on a tram. As the Minister said, there have been attacks on Muslim women, and even reports of women speaking on mobile phones in a foreign language being screamed at in the streets.

What is happening to the Britain we have known? This is not taking our country back, but turning Britain into a place we have never ever been. By its very nature, hate crime is a rejection of the British values that have always bound us together. Non-British nationals living in Britain today will feel worried about their safety and will be in need of reassurance. I hope the Minister will be able to provide even more reassurance in her response to my questions.

I welcome the Minister’s promise of a new hate crime action plan. Will she tell the House when the plan will be published, because it is urgently needed? People in need of reassurance want it to be given today, so will she confirm what extra steps are being taken to monitor reports of hate crime across the country and what immediate advice the Home Office is giving to the police on tackling such incidents?

Secondly, it is crucial people know how to report hate crime. The True Vision website the Minister mentioned is very welcome, but I guess it is not widely known. What action will she take to increase awareness of it, and is there a case for national advertising to promote it?

Thirdly, confidence to report hate crime will increase only if people believe their reports will be taken seriously. There is a feeling that such reports are not always taken seriously. I hear what the Minister says about the new CPS advice. Will she assure the House that it will encourage police and prosecutors to follow up every single report of hate crime, prosecute wherever possible and make sure perpetrators face the full force of the law? To provide further reassurance at this difficult time, will Ministers provide more reassurance to people about their immigration status in this country during the renegotiations with the European Union? In doing so, will they also inform the wider public about the issue and prevent some of the more ignorant comments from being made to people in the street?

Finally, is there not now a case for a much more proactive strategy to tackle far right extremism? Racist activity and violence have been on the rise for some time, as HOPE not hate has warned. Is it not time to take its warnings much more seriously? Will the Minister tell the House whether the security services are devoting sufficient resources and attention to this growing threat, and will she ask them to review it?

It is only 10 days ago since we lost our wonderful friend and colleague Jo Cox. As the dust settles on this referendum, we need to continue to have the words of her husband Brendan at the front of our minds:

“Hate doesn’t have a creed, race or religion, it is poisonous.”

Does the Minister not agree that 99% of the British public who voted to leave did not vote for an intolerant, xenophobic or racist Britain? Do not both sides of the referendum campaign now need to unite to make sure Britain remains the open and welcoming place we know and love?

Karen Bradley Portrait Karen Bradley
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I join the right hon. Gentleman in condemning the attacks in Turkey yesterday. I agree with his first three points: we do and must all respect the decision that was taken by the country last week; we now need to heal those divisions; and we must take on the minority—it is a very small minority of people—that is perpetrating this evil violence. They are committing a crime, and I cannot repeat too many times, nor can any of us in the House, that this crime needs to be reported and action will be taken.

The right hon. Gentleman talked about the reports we have heard. I have heard anecdotal reports of comments made against members of the long-standing Polish community in my constituency. Such comments are absolutely despicable and cannot in any way be accepted. I repeat that those crimes must be reported, because we cannot tackle this crime if we do not know its scale and where it is happening.

The right hon. Gentleman’s response was excellent. He complimented me on my statement, and I want to return the compliment. He asked some specific questions—I scribbled them down—and I will try to address as many of them as I can. He asked when we will issue the new hate crime action plan. It will be issued shortly, but we want to get it right, as I hope he will understand.

The right hon. Gentleman asked about the reporting of such crimes. The increase in the reporting of and the convictions for these crimes is very welcome, but we know that they are not all being reported. I have already made this point, but I want to reiterate that we need these crimes to be reported. We welcome the increase in reporting, but we need more to be reported. He is right that every single report should be investigated and taken seriously.

I want to confirm that there is no change to the immigration status of anybody in the United Kingdom or any UK national living abroad. The right hon. Gentleman talked about the far right. Our work on hate crime is about all its forms, including hate crime perpetrated by the far right. There may have been comments about “taking back control” and “taking back our country”, but I do not want to take back a country that accepts this kind of crime. That is not the sort of country of which I want to be a part. I want to add a comment about our colleague Jo Cox: she said we have more in common, and we most certainly do.

Maria Miller Portrait Mrs Maria Miller (Basingstoke) (Con)
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The recent events are sickening, and it is absolutely right that we should condemn them wholeheartedly. However, if we are to find a solution, those events must be seen as part of the much broader increase over the past year in the use of racist language and abusive behaviour, much of which has been targeted at Muslim people, particularly Muslim women. I welcome the Government’s announcement of renewed action, and the Minister is doing an excellent job, working across Government, but does she agree that all of us in the Chamber must, as constituency Members of Parliament, take responsibility to call out racism when we see it, to challenge it wholeheartedly and to make sure that no racism is accepted in our communities? Will she do more to help the reporting of race crime through third-party organisations, so that we get a handle on the size of the problem in our constituencies and communities?

Karen Bradley Portrait Karen Bradley
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My right hon. Friend makes many important points that I agree with, and we must ensure increased reporting of such crimes. That is why we have insisted that, for religiously motivated hate crime, the religion of the victim must be recorded so that we have a proper picture of what is happening. We work closely with Tell MAMA, the Community Security Trust, and other organisations to ensure that we promote that.

The right hon. Member for Leigh (Andy Burnham) asked about the True Vision website, and I wanted to confirm—I realise I did not answer this—that extra funding has been allocated in the hate crime action plan and it will be available for that website.

Angela Crawley Portrait Angela Crawley (Lanark and Hamilton East) (SNP)
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May I associate myself with the comments of hon. Members across the House, and offer my sincere condolences to those affected by the tragic incident in Istanbul?

Reports of a huge increase in racist abuse since the EU referendum are concerning, abhorrent and unacceptable, and we have witnessed a 57% rise in xenophobic attacks in the past week. In the wake of the particularly vicious and anti-immigrant rhetoric of the EU referendum, it has been forgotten that those people are our friends and neighbours, and positive contributors to our society. Refugees are people who have come here simply to make better of their lives and those of their children. Depictions of “swarms” or “waves” of immigrants are dangerous, incorrect, and wrong. The SNP rejects the tone and rhetoric of the debate on immigration during the lead-up to the referendum. Instead, we believe that immigration is essential for the strength of our economy and our cultural fabric.

Tolerance, respect and inclusion are the values and principles that we must foster in a modern and inclusive society, and we are working towards encouraging those values in Scotland. Will the UK Government get a grip and show some leadership, follow the example of the First Minister of Scotland and the Mayor of London, and make a statement that speaks directly to citizens of other European countries who are living here, to tell them that they remain welcome, that the UK is their home, and that their contributions are valued?

Karen Bradley Portrait Karen Bradley
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I truly believe that the vast majority of people who voted last week, no matter which way they voted, did so for the right reasons, and I am sure that that majority will be horrified by the deeds of some who claim that they are acting in their name—they simply are not; it is abhorrent and despicable. The Government will do everything we can to ensure that hate crime reporting increases and that hate crimes are properly and appropriately investigated, so that victims get the support they need. The hon. Lady asked about people living in this country, and I will repeat my earlier point: there is no change to the immigration status of anybody in this country, and I for one welcome people who are here to contribute to and be part of our society, and who share my values and want to be part of this country.

Lord Pickles Portrait Sir Eric Pickles (Brentwood and Ongar) (Con)
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Before I became a Member of the House I was leader of Bradford Council, so I was familiar with walking the streets with councillors from other political parties, community leaders and the police, with no real certainty that my city would be there the following day. I never believed that I would receive a telephone call in Brentwood and Ongar from someone—a Pole, perhaps, or a Frenchman —who was frightened, and whose kids were being bullied at school. Unless we take action now, this will eat us alive from inside. We know from dealing with anti-Semitism and those who are against Muslims, that we need a proper working definition for and understanding of this issue. We have a good one for anti-Semitism that has been adopted by the police, and last month it was adopted by 32 countries as part of the International Holocaust Remembrance Alliance. We must ensure that someone who goes to a police station will be met with sympathy, understanding and—most importantly—that prosecutions take place. People must understand that, as the Minister rightly says, these actions are a crime.

Karen Bradley Portrait Karen Bradley
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As Secretary of State for Communities and Local Government my right hon. Friend did an enormous amount of work in this area and he speaks with great authority. He makes an incredibly important point, and I agree that we need prosecutions to increase. We started from a very low base of reporting, prosecuting, and successful convictions. We are doing well and improving, but there is still a long way to go.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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I welcome the Minister’s statement and the measured way that she put forward her programme. That is the right approach to adopt. The Home Affairs Committee will meet today to consider some of those matters, and whether we can inquire into the activities of the far right. The Minister mentioned an increase in the number of people who have been reported, but how many have been arrested and charged? Is there consistency between police forces, because some will be more experienced than others, and what are we doing about internet companies and their failure to take down tweets that are racist or that encourage people to commit those crimes? They are simply not doing enough.

Karen Bradley Portrait Karen Bradley
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The Chair of the Home Affairs Committee asks detailed technical points, and it will be for police forces to gather information on some of those. If he will allow me, I will write to him with the specific details on some of those technical points. His point about internet companies is incredibly important. We have seen and worked with internet providers to combat indecent images of children online, and I pay tribute to them for the work that they have done and the progress made. However, companies and individuals simply have not yet done enough. We say that what is illegal offline is illegal online, but we need companies and businesses to take responsibility for the actions of some people whom they allow to appear anonymously and get away with saying things that are unacceptable.

Amanda Solloway Portrait Amanda Solloway (Derby North) (Con)
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Like many Members I am so saddened by recent events. Derby is a wonderfully diverse city with a great richness from all its cultures. What assurances can the Minister give that that will be taken into account in order to protect those minorities and embrace those cultures?

Karen Bradley Portrait Karen Bradley
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I agree that Derby is a wonderfully diverse and great city. I do not live too far away from Derby, so I get the pleasure of visiting it, although not as frequently as I would like. We are working with communities on the point raised by my hon. Friend. There is no one-size-fits-all solution, but we must work with local communities and police forces to ensure the right response.

Paula Sherriff Portrait Paula Sherriff (Dewsbury) (Lab)
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Many Members will be aware that my constituency sits right next door to Batley and Spen. Yesterday, people in my constituency received a leaflet from the BNP that said that Jo Cox took misguided action by helping Muslims in the country who may now go on to join ISIS, alongside some other horrendous allegations. I have received a significant number of communications from constituents. One seven-year-old Muslim girl and her family were told—I have removed the expletives for the purpose of reading it in the House—that last Friday was the “best day ever—go home all of you”, and I continue to hear about a number of similar incidents. Like many others, I am proud to be British, but I am also proud to be the daughter of a mother who is half-Polish. On Monday I asked the Prime Minister about establishing a cross-party commission to consider race hate crimes. Has any progress been made on that? The time to act is not tomorrow, next week or next month—it is now.

Karen Bradley Portrait Karen Bradley
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I am shocked by what the hon. Lady says and I am sure the whole House is shocked. That is utterly, utterly unacceptable. I would like to meet her, if she would allow, to discuss specific action to ensure such crimes are reported and action is taken against them.

Mark Pritchard Portrait Mark Pritchard (The Wrekin) (Con)
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Any racist attack on anyone from anywhere is an attack on all of us: on all that makes this country a great country and on our fundamental shared British values. Following on from the comments by the right hon. Member for Leicester East (Keith Vaz), what more can be done to ensure Facebook, Twitter and other social media play a large and active part? They are huge, capitalised international companies that spend lots of money on public relations, lobbying and corporate social responsibility. Their primary responsibility at this time is to tackle hate crime. They need to be part of the solution.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I agree with everything my hon. Friend has said.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
- Hansard - - - Excerpts

Like many right hon. and hon. Members, I have over the years campaigned in different parts of the world against human rights abuses. We have been able to do that because Britain is seen across the globe as a tolerant liberal community that has always been prepared to protect all our peoples. Does the Minister share my horror that we should find ourselves in a position today where the United Nations High Commissioner for Human Rights feels it necessary to urge us to act on this matter? These people are eating away at the fabric of our community from the inside, but they also risk diminishing our standing on the world stage. That is why the Minister is right to act in the way she does, but Government alone cannot do this. She needs to work with local authorities, civic groups and voluntary organisations to ensure that we build the broadest possible coalition against hatred.

Karen Bradley Portrait Karen Bradley
- Hansard - -

The right hon. Gentleman is right that this cannot be solved by Government alone or by legislation. This is something we all have to act on. The hate crime action plan we are working on is cross-Government, but it cuts across all sectors and all parts of society, including civil society, local government and other agencies.

Mims Davies Portrait Mims Davies (Eastleigh) (Con)
- Hansard - - - Excerpts

As a member of the Women and Equalities Committee, I welcome the comments by the Chair of that Committee, my right hon. Friend the Member for Basingstoke (Mrs Miller). I also welcome the Minister’s important statement. It is absolutely right that we do not allow this behaviour to be ignored. It is wrong, pure and simple. There are no excuses. Will the Minister confirm that anybody using the referendum as an excuse to commit hate crime will be made an example of, and that there will be no hiding spaces, whether online, in our schools, in our workplaces or around our religious places of worship?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I absolutely agree with my hon. Friend. There is no excuse at all for this behaviour. As I said earlier, I know the hard-working, loyal British people who voted in the referendum will want nothing to do with this behaviour and certainly do not want it to be used as an excuse for it.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - - - Excerpts

As you know, Mr Speaker, I tried twice to secure an urgent question on this matter, so I welcome the Minister’s statement today.

Does the Minister agree that the scenes of hatred and anger are the result of the racist, xenophobic and anti-immigration Brexit campaign, and of our print media, such as the Daily Mail, the Daily Express and The Sun, which over the years have blamed migrant communities for all the problems that occur in our country? This level of hatred and nastiness towards immigrant communities has led to some of the things that are happening. What will the Minister do to address this type of press coverage? Some politicians also need to take responsibility, such as Mr Farage and the right hon. Members for Surrey Heath (Michael Gove) and for Uxbridge and South Ruislip (Boris Johnson), who in their campaign were absolutely disgraceful?

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I greatly respect what the hon. Lady has said, so I hope she will not be affronted by this in any way. However, it is quite important for the future to bear in mind that we do not refer to unsuccessful urgent question applications on the Floor of the House. There are very good reasons for that. I absolutely understand the strength of feeling and considerable knowledge the hon. Lady brings to bear. As some colleagues perhaps might know—the Government are certainly aware of it—I did indicate to the Government that it would be helpful if there were to be a ministerial statement on this matter today. I hope the House feels that this is a very proper exchange in the circumstances.

Karen Bradley Portrait Karen Bradley
- Hansard - -

Thank you, Mr Speaker, and thank you for giving me the opportunity to deliver this statement. I think we all need to reflect on what happened during the referendum campaign. The result was decisive and we need to respect it, but we should all take a step back to look at what happened and how the campaign was conducted.

Huw Merriman Portrait Huw Merriman (Bexhill and Battle) (Con)
- Hansard - - - Excerpts

I commend in particular the final sentence of the Minister’s statement, when she stated that we must ensure that all those who seek to spread hatred and division are dealt with robustly by the police and the courts. I suggest to the Minister, using an example of hate crime recently prosecuted in my constituency, that mental health agencies also need to be involved for the period following prosecution if reoffending is not to occur. Does she agree that if those who made crass remarks during the referendum were not aware that they could be flicking the switch of those who are dangerous and troubled, then they are more ignorant than I had initially taken them to be?

Karen Bradley Portrait Karen Bradley
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My hon. Friend makes a very, very good point. He is right. I assure him that we work with mental health specialists and clinicians to ensure there is involvement at all stages. He is right that vulnerable people may misinterpret and misunderstand. We are only too aware of what the results of that can be.

Khalid Mahmood Portrait Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)
- Hansard - - - Excerpts

To deal with these horrific incidents, my colleagues in Birmingham and I are trying to co-ordinate efforts to get the leader of the council, the police and crime commissioner and the chief constable together to set up a gold command structure. Will the Minister consider issuing guidance to chief constables and PCCs, so we not only respond to these incidents but deal with these issues before they arise across our communities?

Karen Bradley Portrait Karen Bradley
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Decisions on operational policing are matters for chief constables working with police and crime commissioners, but the example the hon. Gentleman gives is a very good one. Others should look towards it.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
- Hansard - - - Excerpts

I congratulate the Minister on not using the word “tolerance”. I have never thought on this issue that to just tolerate people goes far enough. We do not have a threshold with which we will put up. I thank her for not using that phrase and I encourage her not to have it in the hate crime action plan. On the scenes outside Parliament last night, there was only positive coverage by the BBC of what I believe to be hate-filled chants. That shows we have an awful long way to go. Many colleagues in the Labour party are receiving significant hate pressure, threats and intimidation because of internal party politics on their side, which shows that this is not just about the far right. There is a far left. This is not just about racism; there is anti-Semitism and myriad threats and dangers to the stability of what we believe to be culture and society in the United Kingdom.

Karen Bradley Portrait Karen Bradley
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The hon. Gentleman makes some very powerful points. I agree with much that has been said. He is right. I am no longer on Twitter because I decided that I just did not want to listen to this kind of nonsense. I will, however, use a spellcheck for the word “tolerate”.

Jess Phillips Portrait Jess Phillips (Birmingham, Yardley) (Lab)
- Hansard - - - Excerpts

I welcome the Minister’s statement. I come at this from the point of view of years of the disappointing correlation between those who report and those who receive conviction. I wonder whether the Minister can outline exactly what resources will be given to the Crown Prosecution Service. As it stands, there is no way that all the incidents we are talking about will ever even see the light of day under its current resources and structures. What support will be given to people so they can find their way through the legal systems? At the moment, we are at risk of opening an enormous door to an empty room.

Karen Bradley Portrait Karen Bradley
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The hon. Lady has experienced far more than her share of abuse, particularly online. She is a stalwart for standing up and being there, and for still being on Twitter—I am not quite sure why she is.

I spoke to my hon. and learned Friend the Solicitor General before I made this statement to ensure that he heard exactly that point: that the CPS needs to take this seriously and that we need to see prosecutions and convictions. It is very important that people are punished for those crimes.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
- Hansard - - - Excerpts

I, too, welcome the Minister’s statement and her clear commitment to doing what she can to crack down on such appalling hate crime. She will be aware that a National Audit Office report showed that real-terms funding for individual police forces was reduced by an average of 18% from 2011 to 2015. That same report noted that the Department does not have good enough information to work out by how much it can reduce funding without degrading services. Does she know how many services to support victims of hate crime are at risk of being lost or have already been lost? What can she do to remedy that?

Karen Bradley Portrait Karen Bradley
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The prevalence of hate crime is not on an upward trend. According to the crime survey, prevalence is on a stable if not downward trend, depending on the type of hate crime, but we see more of certain types of hate crime and there is more reporting of it. The reporting of hate crime and prosecutions of hate crime is to be welcomed. We need to ensure that there is more reporting, because I am clear that there is still a very big gap between prevalence and reporting. The hate crime action plan has specific measures on victims, and I hope the hon. Lady comes back to that to discuss it when it is released.

Valerie Vaz Portrait Valerie Vaz (Walsall South) (Lab)
- Hansard - - - Excerpts

On Monday, an incendiary device was thrown into a halal butchers shop in Wednesbury Road, Pleck, in my constituency—there is a photograph in The Guardian today of the inside of the shop. Will the Minister confirm how much extra funding will be available for local police forces so that they can investigate and tackle such crimes?

Karen Bradley Portrait Karen Bradley
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That is another shocking example. I dread to think how many hon. Members know anecdotally, but not just anecdotally, of that type of incident. I hope it has been reported and I look forward to hearing from the hon. Lady about the outcome. Perhaps we can come back to funding and so on when the hate crime action plan has been published.

Liz Saville Roberts Portrait Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
- Hansard - - - Excerpts

I was with North Wales police on nightshift last weekend. It was made evident to me that people from ethnic minorities—I emphasise that this is not anecdotal—are often afraid to report hate crime. I am sure we are united in praising the courage of victims and bystanders who call out racial hatred. I welcome the third-party reporting centres in the hate crime action plan. Where will they be and when will they be in place? Will they be accessible to all communities, because racism is a risk not to some of our society, but to society as a whole?

Karen Bradley Portrait Karen Bradley
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The various ways in which hate crime can be reported are available to all communities, but people can go to the True Vision site without fear—it is not walking into a police station and it is not making a phone call—and there will be additional funding for it.

Rushanara Ali Portrait Rushanara Ali (Bethnal Green and Bow) (Lab)
- Hansard - - - Excerpts

As someone who grew up experiencing considerable racism and Islamophobia, I am utterly shocked by what we have seen. My parents’ generation are even more shocked and sickened, because they thought we had conquered that level of racism. Does the Minister agree that some of our national leaders have been utterly irresponsible in playing the race and anti-Muslim card? That has to stop, and we need cross-party agreements between our national political leaders that it will not happen in future. Politicians need to take responsibility where they have acted irresponsibly.

Even before the referendum in the run-up to the campaign, Britain First and other far right organisations targeted constituencies such as mine, mosques and other institutions in acts of provocation wilfully to cause disorder. There is a lack of resources for policing, and inept legal provision in tackling the hateful groups that are trying to stir up intolerance and violence in our communities. Will the Minister take action immediately? Will she insist that the Prime Minister leads the debate and ensures that we actually step up to the plate?

Karen Bradley Portrait Karen Bradley
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I agree with the hon. Lady—we all thought that hate crime was something we had left behind and it is shocking that that has proved not to be the case. I also agree with her that, as politicians, we have a responsibility to be measured and responsible in our language, in what we say and in the actions we take. We must never try to pit one race against another, one gender against another or one sexuality against another. That is totally and utterly irresponsible.

The hon. Lady asks about far right extremism in her constituency. Our counter-extremism strategy has specific measures to deal with extremism of all forms. People looked at the strategy and thought that it was perhaps just about Islamic extremism, but it is not—it is about all forms of extremism, including neo-Nazi and far right extremism. The new civil orders that we will consult on as part of our counter-extremism Bill will address part of that.

Karen Buck Portrait Ms Karen Buck (Westminster North) (Lab)
- Hansard - - - Excerpts

My borough includes one of the greatest breadths of religious and ethnic diversity in the country, including one of the highest proportions of European residents. I am proud of the strength of our community and our institutions, but even in Westminster, we have had examples of abuse and harassment, and people are reporting their fears. We know from the Tell MAMA report that the Minister mentioned that 61% of victims of hate crime are women. Will the hate crime action plan include specific reference to how we can identify and support women who are targets of hate crime, and will it ensure that they are reporting all the incidents that are occurring to them?

Karen Bradley Portrait Karen Bradley
- Hansard - -

The hon. Lady makes a good point. Yes, I can confirm that the hate crime action plan looks at all victims to ensure that there is specific support and measures in place for them.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

I have spoken with the South Wales police and crime commissioner, Alun Michael, this morning about how we respond to the incidents that I regretfully spoke about in the Chamber the other day. Will the Minister make it absolutely clear that there is no hierarchy of hate crime? Whether it is against Jews, Muslims, Hindus, gay, straight, men or women, and whether it comes from the far right or indeed from the far left, it is the same thing and can have the same consequences. We should not stand for it and we have to take action. Those who stir up, condone or encourage it, from wherever they come, need to take responsibility.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I absolutely agree with the hon. Gentleman.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
- Hansard - - - Excerpts

In Scotland, we have just come out of a fortnight celebrating the contribution of refugees to our society. It was a wonderful celebration that we can all be very proud of. Will the Minister join me in condemning those who fixed neo-Nazi, racist and homophobic stickers in Glasgow city centre, including to the statue of La Pasionaria, which commemorates the Scottish volunteers who died fighting fascism in the Spanish civil war?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I join the hon. Lady in condemning that behaviour.

Andy Slaughter Portrait Andy Slaughter (Hammersmith) (Lab)
- Hansard - - - Excerpts

The Polish cultural centre in Hammersmith has received hundreds of supportive emails, cards and flowers following the obscene racist graffitiing of its premises last weekend. The children of nearby Brackenbury and John Betts primary schools turned up en masse at the centre to show their solidarity. That will not surprise the Chief Secretary to the Treasury, who is sitting next to the Minister, and who was their MP before I was. Will the Minister echo the message left by one of the children—“We love you! Yay Poles!”—and affirm that, for every bigot and racist, there is a legion of British people who welcome and embrace migrant communities?

Karen Bradley Portrait Karen Bradley
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I absolutely agree with the hon. Gentleman, who makes a very good point. This feels like one of those occasions when we all agree, which is great, because we want to agree. My right hon. Friend the Chief Secretary to the Treasury has mentioned to me that this may be the first time ever that he is full agreement with the hon. Gentleman.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
- Hansard - - - Excerpts

Sadly, levels of hate crime have been growing for several years. It seems that for a very small minority of people on the fringes, aspects of the referendum campaign have legitimised some repugnant and atrocious views. Will the Minister say a bit more about what the Government are doing to offer confidence measures within communities feeling pretty bruised right now? It is important that we do build confidence among those people so that they understand that they play a vital role in British society.

Karen Bradley Portrait Karen Bradley
- Hansard - -

The hon. Gentleman is absolutely right: they all play a valuable role in British society. He also referred to a phenomenon we see online, where of course people can comment anonymously and where we have seen a socialising and normalising of behaviour that would never be acceptable in any other form. We need to fight back and make it clear that such behaviour is not normal and certainly should not be accepted.

Louise Haigh Portrait Louise Haigh (Sheffield, Heeley) (Lab)
- Hansard - - - Excerpts

I am pleased to hear the Minister recognise the importance of training and of a joint strategy between the CPS and the police. As a former special constable in the Metropolitan police, I have to say that my experience of training for hate crime was very poor. May I suggest she bring in an external organisation, such as HOPE not hate or Tell MAMA, to look at the training being delivered to the police and to investigate how seriously they are taking the matter internally?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I wonder whether the hon. Lady would be willing to meet me to discuss her personal experience, because I would like to hear about what is happening on the ground probably as much as she would like to tell me.

Heidi Alexander Portrait Heidi Alexander (Lewisham East) (Lab)
- Hansard - - - Excerpts

Last weekend, my neighbour, a mum of two and a woman of Caribbean heritage, told me that she felt homeless following the referendum result last week. What specific resources will be available to the Metropolitan police to help them engage with communities experiencing a rise in hate crime? Does the Minister agree that we must all do absolutely everything we can to ensure that children in places such as Lewisham can grow up in a country that is respectful and inclusive?

Karen Bradley Portrait Karen Bradley
- Hansard - -

If the hon. Lady will forgive me, I will write to her with the specifics about what is happening within the Metropolitan police. Clearly, there are many police forces and I do not want to provide information that is not strictly accurate and correct. I agree with her point, however. This is a great country—I am incredibly proud of being British—and it will continue to be, irrespective of the result of the referendum, and the country that I am part of is not a country that accepts this kind of behaviour.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I am extremely grateful to the Minister for her statement and to colleagues for their remarks.

Independent Advocates for Trafficked Children

Karen Bradley Excerpts
Tuesday 28th June 2016

(7 years, 10 months ago)

Westminster Hall
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Angela Crawley Portrait Angela Crawley (Lanark and Hamilton East) (SNP)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Streeter. I congratulate the right hon. Member for Slough (Fiona Mactaggart), who has been an advocate of this issue for many years. This important issue is vital to children, so I do not intend to be political in my contribution today. I intend to enhance the debate and contribute some of the thoughts from Scotland. I want to make it clear that this issue affects vulnerable children and young people.

The issue is fundamentally important because children are at immediate risk of further harm and exploitation. The National Society for the Prevention of Cruelty to Children highlights several reasons why children are recruited, moved or transported. These include benefit fraud; forced marriage; domestic servitude such as cleaning, childcare or cooking; forced labour in factories or agriculture; and criminal activity such as pickpocketing, begging, transporting drugs, working in cannabis farms, selling pirated DVDs and petty bag theft. In this range of small, medium and large crimes, children are exploited. They have no advocate to make a case for them and the exploitation that they suffer on a daily basis is absolutely the reason why we must have this debate today.

Trafficked children experience multiple forms of abuse and neglect, including physical, sexual and emotional violence, which is often used to control trafficked children. We are therefore today giving a voice to those children who have been silenced in this process through the absence of the necessary advocacy that is vital to their needs. The right hon. Member for Slough has done a great deal of work on this issue already through her work on the all-party parliamentary group, and I commend her for that.

As the right hon. Lady has highlighted, the National Crime Agency has already identified 982 cases of child trafficking in 2015, as I am sure the Minister is well aware. That is an increase of 46% from 2014. We could on the one hand link this to the refugee crisis, but that would be too crude. The simple fact is that we know this issue is escalating and ultimately we know that we must respond to it. That picture of child trafficking should surely be enough to convince the Minister that victims are desperately in need of independent advocates—people whose role it is to understand what is going on and to represent and support children believed to be the victims of trafficking. That gives those vulnerable children a voice through the care, immigration and criminal justice systems. We understand all too well that, even for adults, those are bureaucratic and lengthy processes and not something that any child should ever have to contend with.

The need for those vital services has already been recognised by Parliament in the Modern Slavery Act 2015 in a section that received widespread cross-party support, so I am sure I am not telling the Minister anything that she does not already know. That led to the child trafficking advocates pilot project, which is provided by Barnardo’s and funded by the Home Office. However, following an independent evaluation of the pilot scheme, the Government have not acted to make independent child trafficking advocates available across England and Wales. That must be done to ensure that young people and children receive the support that they vitally need. I support the calls from various charities, including Barnardo’s, Christian Aid, UNICEF and many others, which were outlined in a letter to The Guardian.

The EU directive on preventing and combating trafficking in human beings highlights the necessity for England and Wales to extend the pilot, which is especially important now. I do not want to labour the current situation around the EU referendum, but we must ultimately accept that we continue to have a responsibility and that these measures to ensure independent advocates for unaccompanied victims of trafficking have come on the back of an EU directive. The failure to appoint an independent guardian with sufficient legal powers means that the UK is currently non-compliant with the EU directive. Again, I do not say that to be political. I say it simply to state the case: measures to stop trafficking cannot be allowed to fail or fall short of international standards. It is therefore important that the Minister ensures that future revisions of the scheme will adhere to international best practice and guidelines. I urge the Government to commence section 48 of the Modern Slavery Act 2015 and establish a permanent independent advocacy provision as soon as possible.

Turning to Scotland, on which I like to think I have something to contribute, I highlight the work that has been done in Scotland as one model that could be followed by England and Wales. The Scottish Government have made a solid commitment to make provision for independent child trafficking guardians for eligible children. That is part of a wider project to make Scotland a hostile place to trafficking, where it is very clear that child trafficking is not welcome, and to better identify and support potential and confirmed victims. As a result, needless to say, Scotland’s provisions outstrip England and Wales at this time, but that does not mean that England and Wales cannot catch up, and I urge them to do so.

New legislation introduced by the Scottish Government last year—the Human Trafficking and Exploitation (Scotland) Act 2015—will protect those subjected to these terrible crimes while punishing those who commit them. The maximum penalty for trafficking was increased from 14 years, as it is in England and Wales, to life imprisonment—a statement of how seriously Scotland takes this.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
- Hansard - -

The Modern Slavery Act, when it was introduced and commenced in July last year, increased the maximum sentence to life imprisonment for all trafficking offences.

Angela Crawley Portrait Angela Crawley
- Hansard - - - Excerpts

I thank the Minister for that intervention. I should have added “as it is in England and Wales” after “life imprisonment”, just to be absolutely clear. Scotland has sent out a message that trafficking will not be tolerated under any circumstances and I urge the UK to do that also. That legislation also underpins the need for independent advocates. It places a duty to ensure protections by making independent child trafficking guardians available and requiring statutory referrals to be made by people who are in a position to do so. Scotland’s law enforcement agencies therefore have greater powers to bring those responsible to justice.

I mentioned previously how abhorrent child trafficking is and I think we all share that thought. That approach must be considered for application across the UK to end those practices. I am sure the Minister shares our collective concerns. She has proven always to be reasoned and thorough in her responses, so I therefore simply urge her not to delay further on section 48 of the Modern Slavery Act and to establish a permanent independent advocate without further delay. Lastly, to echo the beautiful words of the right hon. Member for Slough, “every child needs their person”.

--- Later in debate ---
Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
- Hansard - -

It is an absolute pleasure to serve under your chairmanship, Mr Streeter. I believe that it is not the first occasion, but I hope it is not the last. I welcome the opportunity for the House to focus on what we all agree is a most challenging and important topic, and for me to set out clearly the Government’s position.

I congratulate the right hon. Member for Slough (Fiona Mactaggart) on securing the debate and on her contribution to this country’s leading work on modern slavery and human trafficking. Through her position as chair of the all-party parliamentary group on human trafficking and modern day slavery and on the Modern Slavery Bill Committee, she has contributed more than many other people and deserves great credit. There are other Members, both here and in the other place, who have also devoted themselves to promoting the issue of child victims of trafficking and making their lives better. I have been grateful for and impressed by the individual and collective achievements on the issue.

Let me be clear from the outset: supporting trafficked children remains a key priority for the Government. I appreciate how many hon. Members are impatient for progress—so am I. We are talking about a vulnerable group of children, who deserve the utmost support and protection. We must ensure that our response is the right one to best support trafficked children. I value the conversations that I have had with many Members who are here today, with those in the other place and with other key stakeholders including Barnardo’s, to which I pay tribute for its work on the trial, ECPAT, UNICEF and the independent anti-slavery commissioner. We have discussed the critical issues and developed better solutions, and I am particularly grateful for all the frankness and honest insights.

The right hon. Member for Slough and others have referred to the delay. It is not a delay to procrastinate; it is about getting it right. She mentioned the Government’s commitment to report in March. I had hoped that we could fulfil that commitment but, when her all-party group and others voiced significant concerns, I did not want to make an announcement that we would need to go back on. I wanted to work with her and other stakeholders to ensure that we got it right.

I do not intend to go into the details of the trial but I want to address a few points regarding its effectiveness. I have listened carefully today and in earlier discussions, and although many good things came from the trial, I cannot agree that it was an unequivocal, resounding success. The outcomes were equivocal. The trial showed some benefits—the children felt listened to and other professionals reported that the advocates were able to co-ordinate different agencies effectively—but in other areas, there were severe limitations.

The evaluation raised a number of operational issues that required further work, including the process for referring children to advocates; the high incidence of missing children, which I will come to shortly; the fact that advocates did not have the legal powers that had been invested in them by the Modern Slavery Act; and the fact that, in some areas, the service was not visible to many agencies.

The hon. Member for Lanark and Hamilton East (Angela Crawley) expressed concern about whether the country was compliant with the EU directive. We are already fully compliant with the EU directive and the Council of Europe convention. Existing provisions ensure that the relevant statutory agencies meet the international obligations. With the trials, we are looking to do additional work to support trafficked children over and above those obligations.

I have to disagree that children going missing is just something that will happen. We should not see that as acceptable. I understand that there is a problem, and I have a round-table discussion on missing children later this week. I am determined that we make the police response and other responses to missing children part and parcel of everyday work. Those are the children who are trafficked. They are the adults who have mental health problems and find themselves locked up in police cells when they should not be. They are the children who are sexually exploited. We cannot stand by and say that it is acceptable that children go missing. A child’s safety and welfare must be the overriding consideration of any child in the care of the Government, where we are acting as their parent.

Mark Durkan Portrait Mark Durkan (Foyle) (SDLP)
- Hansard - - - Excerpts

I have not heard anyone suggest today that it is somehow acceptable that children are going missing. What people find unacceptable is that the enforcement and implementation of section 48 of the Modern Slavery Act is missing. There seems to be dereliction in the name of perfection. The fact that the pilot showed a need for improvement does not disprove the need for the provisions of section 48.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I assure the hon. Gentleman that I will address the next steps later in my speech.

Fiona Mactaggart Portrait Fiona Mactaggart
- Hansard - - - Excerpts

The hon. Member for Foyle (Mark Durkan) has made the point that I wanted to make, which is that no one in this Chamber today has said that it is acceptable that children are going missing. No one has said that the Government are wrong to focus on the needs of missing children. I and other Members have said that the advocacy scheme on its own was never going to be able to prevent children from going missing. The fact that some children went missing should therefore not be used as a reason for delaying the implementation of the advocacy scheme. It might be used as a reason for taking additional steps, such as the risk assessment to which my hon. Friend the Member for Stockport (Ann Coffey) referred, to help prevent children from being added to the large number who go missing.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I apologise to the right hon. Lady if she thinks I implied that anyone in this room had said that it is acceptable that children are going missing—I withdraw any suggestion that that was the case. However, the fact remains that just as many children who had an advocate in the pilot went missing as other children, if not more. I take the point that that might be because they had not met their advocate, so we have to get it right and ensure that children do meet their advocate.

I fully appreciate that the scheme is not the silver bullet to resolve the issue of children going missing, but I am determined to ensure that we find a way to make a difference using advocates, who should be there to help prevent young people from going missing. We must stop children maintaining contact with their traffickers, as I suspect some probably have. It is important that we find a way to get this right. I take the point that we should not let perfection get in the way, but that is simply not what is happening.

There were other equivocal issues in the trial. Some children never met their advocate—some went missing before meeting them and some did not meet them full stop—and others did so only infrequently. There was limited evidence of advocates having an impact by assisting children in navigating and getting a better outcome from the immigration or criminal justice systems; in accessing the right health and education services; or even in getting better referrals to, and receiving improved outcomes from, the national referral mechanism. The fact that not all children who were trafficked and had an advocate went into the national referral mechanism raises concerns.

Fiona Mactaggart Portrait Fiona Mactaggart
- Hansard - - - Excerpts

The evaluation highlighted that, in a number of areas to which the Minister is referring, the timeline of immigration administration, for example, did not fit the timeline of the evaluation process, so it was not possible for some of those points to be concluded. I have not heard any reason for not implementing section 48. She wants to improve the scheme, but how will continuing without the legislative back-up of section 48 enable the scheme to improve? I do not understand that.

Karen Bradley Portrait Karen Bradley
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I hope the right hon. Lady will forgive me, but I have a little more progress to make.

I welcome the comments from all hon. Members on the comparison with Scotland and Northern Ireland, but it is important that we reflect on the relative scale and complexities of the problem in England and Wales, where we need to work with many different social services, legal systems and police forces. I assure Members that we have taken on board all the learning from the Scottish Guardianship Service, but the circumstances and the models are different. The service in Scotland is only for children for whom no one has taken parental responsibility, and in such circumstances children in England and Wales will receive support from a social worker and, if there are care proceedings, a children’s guardian. We have kept wider criteria for receiving an advocate in the Modern Slavery Act. We have carefully considered what has been done in Scotland, and we have taken much learning from the schemes in Scotland and Northern Ireland, but it is important that we reflect on the differences between the legal systems.

A number of serious questions raised in the model testing tell us that, although the model shows great promise, it is not universally effective. I am convinced that independent advocacy has an important and central role to play in supporting children, but as the Independent Anti-slavery Commissioner has told me in correspondence, further work is needed to get the model fit for purpose. He remains concerned about the lack of evidence from the trial. Although advocates can clearly play a crucial role, we need to consider the whole package, which is centred on each child’s individual needs. This is simply too important to get wrong. We need to ensure that all child victims of modern slavery are properly identified and supported.

Turning to what I intend to do, I am pleased to announce a full package of measures that, collectively, will improve the support we offer to child victims of trafficking. I make it clear so that no one is in any doubt that I am fully committed to commencing section 48 of the Modern Slavery Act and to the full national roll-out across England and Wales of independent advocates for all trafficked children. To support that, following the Independent Anti-slavery Commissioner’s advice, I also propose two interim measures to improve advocacy now and to prepare for the implementation of the new system as soon as possible.

First, I propose to introduce independent child trafficking advocates at three early adopter sites. The competition for providing those sites will be launched this summer. The sites will enable us to refine the model that was previously tested, including by increasing the speed of referral and the number of people and organisations that can make such referrals; testing the use of quasi-legal powers by advocates and the impact that that will have on their effectiveness and their relationships with statutory agencies; and training and recruiting advocates with specialist skills, such as in certain languages or in dealing with particular forms of abuse, so that they can give more targeted support.

Secondly, in collaboration with the Department for Education, the Home Office will commission a training programme for existing independent advocates, who are statutorily provided to all looked-after children. The training will improve their awareness and understanding of the specific needs of trafficked children and how to support them. But that is not enough. I am also determined to address the other concerns raised in both the trial and the feedback from right hon. and hon. Members.

I am therefore pleased to announce that this year the Home Office will establish and launch a new child trafficking protection fund, with up to £3 million of Government funding initially available over the next three years. The fund will be targeted at addressing two key issues where advocacy alone appears to be insufficient and where alternative and additional approaches are needed. The first aim is to reduce the number of children who go missing or who have contact with traffickers. The second is to support children from high-priority states, from which we continually see high numbers of children trafficked to the UK. I want to explore how we can best meet the needs of such children and disrupt the traffickers who target them. We all agree that a culturally targeted approach is likely to be effective and, having listened to stakeholders, we have decided to launch the fund to promote innovation from stakeholders in all sectors who work with trafficked children and know how best to meet their needs. Critically, such discrete funding could support bespoke local and innovative strategies.

[Sir Alan Meale in the Chair]

Sarah Champion Portrait Sarah Champion
- Hansard - - - Excerpts

Can the Minister provide a bit more clarity? Is this Home Office money? Is it targeted at UK work? What does she mean by “this year”? Is it this academic year, financial year or chronological year?

Karen Bradley Portrait Karen Bradley
- Hansard - -

That may be one of the detailed points on which I will have to get back to the hon. Lady. I will talk about some of the other points at this stage, but maybe I will write to her with the specifics.

I want to address the concerns raised about accommodation. We are doing two things about that. First, as the Immigration Minister announced earlier this year, we are taking forward plans to review local authority support for non-European economic are migrant children who have been trafficked. The review will help improve our understanding of specialist local authority provisions for that group as we implement the Modern Slavery Act.

Additionally, the Department for Education is rolling out training for foster carers and support workers that will equip them to understand better the complexities facing unaccompanied asylum-seeking children who have been trafficked, and to gain their trust to prevent them from running away from safe placements. We are already piloting a new way of delivering the national referral mechanism. The pilot is testing new models of identifying victims, processing cases and making effective decisions. It will help ensure that all victims, including children, can access the support that they need. To underpin all that work, we are developing new statutory guidance on identifying and supporting potential victims of modern slavery and trafficking, on which we intend to consult later this year. It includes specific guidance on how best to support child victims of modern slavery.

Looking more widely, many services that trafficked children receive will be the same as for all children, although tailored to them individually. That is particularly true for children in need or looked-after children. Although only part of our approach, incorporating provision for all trafficked children into what is already there, not increasing their isolation, is the way forward. Setting trafficked children apart runs the risk, among other things, of reinforcing their sense of isolation and further increasing their vulnerabilities.

I appreciate that many hon. Members, like me, may be frustrated that establishing independent child trafficking advocates will take some time, as we need to find and train them, and that they may have concerns about how child victims will be better supported in the short term. That is why I have put forward a range of shorter and longer-term proposals and addressed areas where advocacy does not appear to be the only or best solution. We need to get it right. We must strike the right balance between requirements in secondary legislation, statutory guidance and a provider contract, and I need to engage further with right hon. and hon. Members and others to determine how best to do that, including informally via the modern slavery strategy implementation group, with key voluntary and statutory partners and, of course, via a public consultation exercise, followed in due course by the necessary parliamentary processes.

That will happen in step with a public procurement exercise to seek a provider for the national service. We will monitor outcomes for children who have an advocate in the early adopter sites, and look at whether children are generally being helped across a range of key areas including safety, wellbeing, health, education and criminal justice. We will use the learning from the early adopter sites to refine the model for independent child trafficking advocates, which will then be rolled out across England and Wales.

Fiona Mactaggart Portrait Fiona Mactaggart
- Hansard - - - Excerpts

One issue that Kevin Hyland and I have both raised is whether the further assessment can build on the learning from the original pilot. Can the Minister assure the House that she will continue to draw on the information from the first round of pilots, so that we do not waste all that work but use it to inform what she is doing?

Karen Bradley Portrait Karen Bradley
- Hansard - -

The right hon. Lady makes an important point and is absolutely right. We need to take what we have already learned, look at early adopter sites and trial new and refined ways of working as we roll out the national process.

The point is that we want to do this right. We will start the process for a national roll-out without delay by ensuring that we have early adopter sites, so that we can trial what we know is successful from the first trial as well as new and different ways of looking at the situation. Although it will take time, I assure all hon. Members that I am determined to move as quickly as possible towards achieving those steps, and in the meantime to implement the immediate improvements that I have outlined. I ask for the continued support of all during that process and stress again that we must get it right for the sake of trafficked children.

I reiterate my commitment to providing an independent advocate to all children who have been trafficked within or into England and Wales, and to getting the arrangements for independent advocates right. The most important thing is to support and protect all trafficked children and ensure that the role of advocates is fully effective. We cannot rush it and risk relying on a sticking-plaster approach on the assumption that we think we have the answer. We must implement fully a considered, holistic and proven solution that meets the needs of trafficked children, who are already vulnerable and may, tragically, be subject to future harm, including from their trafficker, even after coming into the protection system.

I thank the right hon. Member for Slough once again for raising this important issue—I know that she will continue to raise it, and I look forward to that—and for giving me the opportunity to set out the Government’s work. I look forward to our continued dialogue and meetings on this complex issue. I will write to the hon. Member for Rotherham (Sarah Champion) on her specific points, and I assure all Members that I will reflect most carefully on their considered comments and helpful suggestions.

Fiona Mactaggart Portrait Fiona Mactaggart
- Hansard - - - Excerpts

I thank everybody who has contributed to this debate. It is clear how seriously people from all parts of the House take our duty to protect vulnerable children. I am still worried that the Minister risks making the perfect the enemy of the good. In her concluding remarks, I did not hear a commitment to offer the sites that she calls early adopter sites the backing of section 48, which is the legal power that advocates need in order to be listened to properly by local authorities. It would be helpful to know—

Karen Bradley Portrait Karen Bradley
- Hansard - -

I apologise if I did not make this clear: the concern that we had in the trial was that advocates were not using the powers given to them in the Modern Slavery Act. Those legal powers will be available to advocates in the early adopter sites.

Fiona Mactaggart Portrait Fiona Mactaggart
- Hansard - - - Excerpts

I hope that that means that section 48 will be in place, even if the Minister does it in a way that enables it to be rolled out in places. It is quite clear that without it, local authorities will treat advocates as just the guy from Barnardo’s, which is just not good enough and does not protect children.

The other thing that I did not hear is a response to the point made by my hon. Friend the Member for Stockport (Ann Coffey) about risk assessment. I think I heard a bit of a response when the Minister said that it is not in the interests of trafficked children to put them in a “trafficked children only” box. I felt that that might be a way of resisting proposals to assess, for example, Vietnamese gardeners as being at acute risk of disappearing.

As well as the work that the Minister has described, it is essential to establish a national system of risk assessment that is available to local authorities to protect the children who are at most risk of disappearing. Even if advocates on their own are not sufficient protection, we know that certain groups of children are at particularly acute risk. Designing a scheme that recognises the acuteness of risk to particular groups of children would therefore be sensible, and it would be likely to reduce the incidence of children from those particular groups disappearing.

Karen Bradley Portrait Karen Bradley
- Hansard - -

The right hon. Lady’s point involves missing children. We are considering fully the points made by the all-party group in the inquiry on missing children, to which I gave evidence and in which I have been very interested. I will respond shortly.

Fiona Mactaggart Portrait Fiona Mactaggart
- Hansard - - - Excerpts

Good, except that “shortly” in the Minister’s life and my life is “longly” in the life of a 14-year-old. That is the problem that we face. It is not that we believe the Government do not want to do this, or that they have locked the issue in a cupboard and are ignoring it; that is not my accusation. I have a deep concern about the delays that we have faced since we introduced the Act. The Minister, the Home Secretary and many other Ministers have said how wonderful the Act is. It is important legislation, but only if it exists in reality on the ground everywhere. That is necessary if we are to protect children.

I heard the Minister’s perfectly reasonable answer about how the civil service does things, how we are going to run the competition for early adopter sites and so on. I realise that this is not a quick process, but I worry that we are in for more months of delay and that there will be more children who do not have the person they need. It is important that the Minister quickly ensures that section 48 is in place, and that she considers what is at risk of being missed out of the process. The risk is that in trying to design a system that is perfect, we will leave too many children without a person they trust, who can help them to negotiate the ghastly bureaucracy that they will face.

Question put and agreed to.

Resolved,

That this House has considered independent advocates for trafficked children.

Oral Answers to Questions

Karen Bradley Excerpts
Monday 13th June 2016

(7 years, 11 months ago)

Commons Chamber
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Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
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10. What steps the Government are taking to tackle cybercrime.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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This Government take the threat of cybercrime very seriously, which is why, through the national cyber-security programme, we invested more than £90 million during the previous Parliament to build specialist capabilities and improve the law enforcement response at local, regional and national levels, and we will continue to invest. As my right hon. Friend the Chancellor announced last November, this Government have committed to spending £1.9 billion on cyber-security, which includes tackling cybercrime, over the next five years.

Alberto Costa Portrait Alberto Costa
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Leicestershire police, whose hard-working officers I shadowed on patrol last Friday, provide a range of cybercrime information on their website. Does my hon. Friend agree that effective partnership between the police and other agencies is key to maintaining adequate defences against the growing and real threats that cybercrime poses to our society?

Karen Bradley Portrait Karen Bradley
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My hon. Friend makes an incredibly important point. It is vital that we work with the police and others. Leicestershire police are a shining example of proactive working to ensure that people understand the threats, understand the risks and understand how to stay safe online.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
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Operation Vigo saw British nationals based in Spain who were mugging online British businesses and British pensioners brought to justice. Does the Minister agree that, whether it means combating rapidly growing cybercrime, counter-terrorism, human trafficking or the drugs trade, or ensuring that there is no hiding place in Europe for Europe’s most serious criminals, European collaboration, including with the European arrest warrant, is absolutely key?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I do agree with the hon. Gentleman. He is absolutely right. I visited Spain when that operation was tackling the boiler room fraud that was going on in Spain, and only because of that co-operation and bilateral work, using European Union mechanisms, were we able to have such success in that operation.

Maria Miller Portrait Mrs Maria Miller (Basingstoke) (Con)
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There are currently 30 pieces of legislation being used against online crimes. There is clearly a need to consolidate and simplify offences, so that the legislation that is effective is more likely to be used to ensure justice. Will the Minister meet me to discuss this further? Important amendments tabled for debate this afternoon would provide part of the solution. We need far more co-ordination, and I am sure that the Minister would benefit from further discussions with other stakeholders on this issue.

Karen Bradley Portrait Karen Bradley
- Hansard - -

My right hon. Friend and I had a conversation about this earlier with reference to the debate that will happen later, and I am more than happy to meet her, with my noble Friend Baroness Shields, who has responsibility for digital security on the internet.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
- Hansard - - - Excerpts

According to Childnet, 82% of children between the ages of 13 and 17 have seen hateful things on the internet. In addition, the National Society for the Prevention of Cruelty to Children is saying that children as young as 11 have been victims of revenge porn, so what more can the Minister do, and what assurances can she give to the House that children will always be protected from the worst aspects of the internet?

Karen Bradley Portrait Karen Bradley
- Hansard - -

The hon. Gentleman raises an incredibly important issue. The internet provides a fantastic opportunity for us all, and it is amazing that my children can play games with friends hundreds of miles away and across the world. That is an amazing opportunity, but there are risks and threats to being on the internet. That is why we are legislating to insist on age verification for pornographic websites, so that children do not have access to them, and that is why we are working with colleagues across the Government—with the Departments for Education and for Culture, Media and Sport, in particular—to ensure that we do everything we can, working with industry, to keep children safe online.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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11. What progress the Government are making in tackling extremism and radicalisation.

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Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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12. What steps the Government are taking to reduce the number of violent acid attacks.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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I am very aware of the life-changing impact and distress to victims caused by acid attacks, and I am currently working with retailers to identify the best means of restricting sales of products with a high acidic content.

Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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Attacks involving acid are, by their very nature, particularly nasty offences. Will the Minister please assure the House that she will work with the Ministry of Justice to ensure not only that adequate resources are made available to tackle the problem, but that deterrent sentences are imposed that properly reflect the life-changing nature of these offences?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I assure my hon. Friend that I do work closely with the Ministry of Justice. In fact, my right hon. Friend the Policing Minister, who is also a Justice Minister, is on the Front Bench, and I can assure my hon. Friend that we work very closely on this issue. He is right to say that not only do we want the perpetrators caught and stopped but we want appropriate sentences for this behaviour.

Henry Smith Portrait Henry Smith (Crawley) (Con)
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13. What steps the Government have taken to improve checks at juxtaposed border controls in preparation for the summer.

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Wendy Morton Portrait Wendy Morton (Aldridge-Brownhills) (Con)
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T4. The internet has brought with it great opportunities but also, sadly, a much darker side and threats. What work is being done to ensure that paedophiles who operate anonymously online are brought to justice?

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
- Hansard - -

My hon. Friend raises an incredibly important point. We need to make sure that there is no safe place for paedophiles to operate. I am sure she knows that all 43 forces have signed up to the child abuse image database that this Government introduced and that the Prime Minister instigated. It is really starting to get results in identifying and safeguarding child victims, finding perpetrators and making sure that they can be brought to justice.

Stuart C McDonald Portrait Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
- Hansard - - - Excerpts

T8. Yesterday saw even more newspaper revelations about serious problems with COMPASS asylum accommodation contracts in Glasgow, yet emails from senior G4S staff and minutes of Home Office meetings suggest that these contracts are to be extended come hell or high water. Will not the Home Office at least have enough respect to wait for the Select Committee on Home Affairs to complete its inquiry before making any such decisions?

draft Licensing Act 2003 (Her majesty The Queen's Birthday Licensing Hours) order 2016

Karen Bradley Excerpts
Thursday 28th April 2016

(8 years ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
- Hansard - -

I beg to move,

That the Committee has considered the draft Licensing Act 2003 (Her Majesty The Queen’s Birthday Licensing Hours) Order 2016.

May I say that there are very few Chairs as appropriate for this Committee as you, Mr Rosindell?

The order, which was laid in Parliament on 12 April, makes provision for the relaxation of licensing hours in England and Wales for the weekend of the official birthday celebrations of Her Majesty the Queen in June. I ought to start by declaring an interest: my family are publicans. Some may therefore think that my family will benefit from the order. I assure them that the Queen’s Head—of High Street, Buxton, Derbyshire, SK17 6EU, just for the record—has a licence until 1 am every Friday and Saturday, so it will not benefit from the order.

Section 172 of the Licensing Act 2003 allows the Secretary of State to make a licensing hours order to allow licensed premises to open for specified extended hours on occasions of

“exceptional international, national, or local significance”.

Licensing hours have previously been extended for the royal wedding in 2011, the diamond jubilee in 2012 and the World cup in 2014. As the Committee will be aware, Her Majesty the Queen celebrates her 90th birthday this year. The Government consider that that is a nationally significant event and that many people will wish to celebrate the occasion. For the record, the first ever Staffordshire Day, marking 1,000 years of the county of Staffordshire, will take place this weekend; the Government do not currently recognise it as a nationally significant event, but it is clearly a locally significant event for people in Staffordshire Moorlands.

The Government propose to allow premises to remain open later on the weekend of Her Majesty’s official birthday in June. The order will allow licensed premises to extend their opening hours on Friday 10 and Saturday 11 June until 1 am. It will apply to premises licences and club premises certificates in England and Wales, which license the sale of alcohol for consumption on the premises. Those premises will be allowed to remain open without having to notify the licensing authority and the police via a temporary event notice, as would usually be the case. Premises that sell alcohol for consumption off the premises, such as off-licences and supermarkets, are not covered by the order.

I hope the Committee will agree with the Government that the licensing hours order is an appropriate use of the powers conferred on the Home Secretary by the Licensing Act 2003. I commend the order to the Committee.

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Karen Bradley Portrait Karen Bradley
- Hansard - -

I thank the hon. Lady for her support for the order. I think we all share a desire to enjoy and mark the Queen’s 90th birthday and to allow people to enjoy themselves. I agree that we want to see people going out and having a good time without the fear or risk of crime. That is the work that the Government are doing across the board on the night-time economy. The more we can enjoy a safe and healthy night-time economy the better it is for all of us: better for businesses, better for residents and better for those who go out and enjoy themselves.

The hon. Lady asked why the Government had not produced an impact assessment. That is because the previous impact assessment on the World cup covered such a wide range of possibilities; we did not feel it was proportionate at this stage to produce something additional to the previous assessment, which came back with between £240,000 and £480,000, which is quite a wide spread.

I am grateful for the hon. Lady’s comments. I listened carefully to what she said about the explanatory memorandum, but I am grateful for her support.

Question put and agreed to.

draft Modern Slavery Act 2015 (Code of Practice) regulations 2016

Karen Bradley Excerpts
Monday 18th April 2016

(8 years, 1 month ago)

General Committees
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Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Nuttall. I start by apologising to the hon. Member for Hyndburn. These were matters that we discussed at length during the passage of the Modern Slavery Bill through Parliament last year. I had not wished to detain the Committee by repeating those discussions and arguments, but I am more than happy to answer his concerns and, if there are any outstanding issues, to write to all members of the Committee so that they are clear about what the Government intend with the measures that we are commencing and the code of practice.

My hon. Friend the Member for Lichfield made a point about the 45 days granted under the national referral mechanism. His comments relate to the Modern Slavery Act, so I am more than happy to respond to them, although they are not strictly within the remit of our discussion today. The national referral mechanism is an international obligation on the UK Government: under international conventions, we are obliged to provide a 30-day minimum period of reflection and safety. In fact, we guarantee a minimum of 45 days, and very few victims or potential victims of slavery get only that; the average is considerably longer. They are given specific provision for their welfare to ensure that we can support them to the best of our ability.

There is no doubt that there have been problems with the national referral mechanism, which is why we are piloting a new form of it. I agree absolutely with my hon. Friend’s point about understanding what happens to victims afterwards to ensure that they are not retrafficked; that is exactly why we are piloting the new scheme, and it is exactly the point that we hope the Independent Anti-slavery Commissioner, Kevin Hyland, will take on board—I know he is doing a lot of work to ensure that there is full understanding. My hon. Friend will know that the Salvation Army currently runs the care contract for the Government, and a very good job it does too. But there is definitely more we can do to ensure that victims and potential victims of trafficking get the support they need.

I also agree absolutely with the point that the hon. Member for Rotherham made about children. We have to help child victims of trafficking; that is why we trialled independent child trafficking advocates and why I am determined that we must have an appropriate advocacy scheme for children. She also made the point about children going missing; she will know that, when the trial was run by Barnardo’s—and a very good job it did—the evidence was that as many, if not more, children who had an advocate went missing as those who did not.

We have to get this right. Children going missing is not acceptable, because, as the hon. Lady says, the danger is that they will return to their traffickers. I fully intend to bring forward proposals for a revised scheme; we must try to get this right so that children are given the support they need. She is also right that this is an issue of organised crime and that the UK is a destination country, but it is also a source and transit country. Slavery is happening in towns, villages and cities up and down this country, and we need to do everything we can to deal with it.

On the matter under discussion today, colleagues will know that, before the Modern Slavery Act, police and other law enforcement agencies had the right to board a ship if it arrived in a port over which they had jurisdiction, but not if it was in open waters. Organised crime gangs were putting slaves on ships and, when they got wind of the possibility that authorities knew about them, they were disposing of the evidence. Frankly, that is not an acceptable situation, and that is why the measures in the Modern Slavery Act were introduced; the hon. Member for Foyle contributed to many of the debates on it when the Bill was in Committee. The original proposals did not include the territorial waters of the devolved Administrations in Scotland or Northern Ireland. We wanted to make sure we got this right and that we included the territorial waters of all the United Kingdom, so that when law enforcement officers are in hot pursuit of a British ship, they can go into the territorial waters of the devolved Administrations, find the victims of slavery and board the ship in open water.

Since the Act was passed in March last year, we have been working with the devolved Administrations to deal with the intricacies that come from subsequent Acts in those Administrations that have caused some slight problems. The regulations we are bringing forward today will make sure that these measures will be live from 31 May this year, so that we can find, protect and look after as many victims of slavery as possible. I want to assure the hon. Member for Foyle that work is going on with the devolved Administrations to ensure that we are able to protect victims. For example, we know that there is organised criminality in the fishing industry between the Faroe Islands and Scottish waters, with slaves being held on trawlers. We need to ensure that we can not only get to those slaves in a port, but in open waters.

I will address two specific points and, as I have said, write on other specific points that have been raised. The hon. Member for Rotherham talked about an additional exception in paragraph 3.1(a). I am satisfied that such circumstances would be caught by the power to search and obtain information under paragraph 3 of schedule 2 to the 2015 Act. I hope that that clarifies the point.

The hon. Member for Hyndburn asked about ships in international waters. The issue is whether an offence has taken place contrary to either section 1 or section 2 of the 2015 Act. The locations where the powers can be used are set out in section 35(1) of the Act. I hope that that clarifies the point he raised.

With that, I hope that the Committee will be happy to accept the regulations.

Question put and agreed to.

Policing and Crime Bill (Seventh sitting)

Karen Bradley Excerpts
Committee Debate: 7th sitting: House of Commons
Tuesday 12th April 2016

(8 years, 1 month ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 April 2016 - (12 Apr 2016)
Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
- Hansard - - - Excerpts

In conclusion [Laughter.] Financial sanctions are an important diplomatic and strategic power. Individuals or companies breaking financial sanctions are a serious threat to the national interest and must be stopped. We cannot allow the civil penalties introduced under the Bill to be perceived as a mere slap on the wrist, and a reasonable risk to take for those who would do business with people they should not. By accepting our amendments, the Minister could prevent that from happening.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
- Hansard - -

May I start by wishing the hon. Member for West Ham happy birthday for tomorrow? I hope we will not be sitting down to do this the day after her birthday, so I hope she enjoys her day without having to worry about getting up for Committee the next day, although she will obviously continue to represent her constituents in the excellent way that she does.

The enforcement of financial sanctions is vital to our foreign policy and national security, but it is also important to note that the size of a breach and the culpability of those involved in a breach will vary from case to case. It is therefore important to ensure that the enforcement of financial sanctions is both appropriately targeted and proportionate.

I will respond to some of the points made by the hon. Lady. I welcome her support for these measures. I reassure her that the new Office of Financial Sanctions Implementation, or OFSI, and the increased resource behind sanctions enforcement will ensure that financial sanctions make the fullest possible contribution to the UK’s foreign policy and national security goals, as well as helping to maintain the integrity of and confidence in the UK financial services sector.

I would also like to reassure her that OFSI will not seek to use monetary penalties as an alternative to a criminal prosecution. Where a serious breach of the kind described by the hon. Lady is identified by OFSI, the full range of potential enforcement mechanisms will be considered. Although the monetary penalties set out in the Bill will provide a valuable contribution, prosecution and asset seizure under the Proceeds of Crime Act 2002 will also be available.

I note that the Crown court will, on conviction, be able to impose an unlimited fine. We intend to consult shortly on where and when to use monetary penalties. The proposed maximum limits of £1 million or 50% of the value of the breach are based on evidence about the value of breaches reported to the Treasury over the past two years. We believe that those levels are both proportionate and adequate to remove profits made from breaches of financial sanctions and provide a sufficient deterrent.

The hon. Lady will also be aware that the clause already obliges the Treasury to keep the maximum limits under review, and it includes a power to vary that figure by regulations. Clearly, if it turns out that the provisions are not appropriate, based on the evidence we have today, we can always vary that figure. Finally, I would like to reassure the hon. Lady that if evidence shows that the limits should be set at a higher level we can, and we will, change them.

In the context of the civil sanction regime, it is right that the legislation should provide clear and proportionate limits on the amount of the financial penalty. We believe that, based on the evidence, £1 million or 50% of the estimated value of the funds is an appropriate limit and, accordingly, I urge the hon. Lady to withdraw her amendment.

Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

I am grateful to the Minister for that clear and concise answer to the points that I made. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 91 ordered to stand part of the Bill.

Clauses 92 to 102 ordered to stand part of the Bill.

Schedule 12 agreed to.

Clauses 103 to 107 ordered to stand part of the Bill.

New Clause 1

Initiation of investigations by IPCC

‘(1) Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is amended as follows.

(2) In paragraph 4 (reference of complaints to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 4A”.

(3) After paragraph 4 insert—

“Power of Commission to treat complaint as having been referred

4A (1) The Commission may treat a complaint that comes to its attention otherwise than by having been referred to it under paragraph 4 as having been so referred.

(2) Where the Commission treats a complaint as having been referred to it—

(a) paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and

(b) paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the Commission by the appropriate authority under paragraph 4.

(3) The Commission must notify the following that it is treating a complaint as having been referred to it—

(a) the appropriate authority;

(b) the complainant;

(c) except in a case where it appears to the Commission that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.”

(4) In paragraph 11 (recording etc of conduct matters otherwise than where conduct matters arise in civil proceedings), omit sub-paragraph (5).

(5) In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 13A”.

(6) After paragraph 13 insert—

“Power of Commission to treat conduct matter as having been referred

13A (1) The Commission may treat a conduct matter that comes to its attention otherwise than by having been referred to it under paragraph 13 as having been so referred.

(2) Where the Commission treats a conduct matter as having been referred to it—

(a) paragraphs 10, 11 and 13 do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 13(7), and

(b) paragraphs 14 and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 13.

(3) The Commission must notify the following that it is treating a conduct matter as having been referred to it—

(a) the appropriate authority;

(b) except in a case where it appears to the Commission that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the appropriate authority must record the matter.”

(7) In paragraph 14A (duty to record DSI matters), omit sub-paragraph (2).

(8) In paragraph 14C (reference of DSI matters to the Commission), in sub-paragraph (3), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 14CA,”.

(9) After paragraph 14C insert—

“Power of Commission to treat DSI matter as having been referred

14CA (1) The Commission may treat a DSI matter that comes to its attention otherwise than by having been referred to it under paragraph 14C as having been so referred.

(2) Where the Commission treats a DSI matter as having been referred to it—

(a) paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and

(b) paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 14C.

(3) The Commission must notify the appropriate authority that it is treating a DSI matter as having been referred to it.

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.”

(10) In section 29 of the Police Reform Act 2002 (interpretation of Part 2 of that Act), in subsection (1), in paragraph (a) of the definition of “recordable conduct matter”, for “or 11” substitute “, 11 or 13A”. —(Karen Bradley.)

This new clause is intended to take the place of clause 14. The amendments of Schedule 3 to the Police Reform Act 2002 in the new clause are aimed at giving the IPCC the ability to consider whether or not it is necessary for a complaint, conduct matter or DSI matter to be investigated and, if so, to determine what form the investigation should take, as soon as the IPCC becomes aware of the complaint or matter.

Brought up, read the First and Second time, and added to the Bill.

New Clause 2

Sensitive information received by IPCC: restriction on disclosure

‘(1) Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2) After section 21 insert—

“21A Restriction on disclosure of sensitive information

(1) Where the Commission receives information within subsection (3), the Commission must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

(2) Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the Commission unless the relevant authority consents to the disclosure.

(3) The information is—

(a) intelligence service information;

(b) intercept information;

(c) information obtained from a government department which, at the time it is provided to the Commission or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

(ii) jeopardise the safety of any person.

(4) Where the Commission or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the Commission or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(5) In this section—

“government department” means a department of Her Majesty’s Government but does not include—

(a) the Security Service,

(b) the Secret Intelligence Service, or

(c) the Government Communications Headquarters (“GCHQ”);

“intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) GCHQ, or

(d) any part of Her Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities;

“intercept information” means information relating to any of the matters mentioned in section 19(3) of the Regulation of Investigatory Powers Act 2000;

“Minister of the Crown” includes the Treasury;

“paragraph 18 investigator” has the meaning given by subsection (2);

“relevant authority” means—

(a) in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;

(b) in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

(c) in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

(d) in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty’s forces or the Ministry of Defence, the Secretary of State;

(e) in the case of intercept information, the person to whom the relevant interception warrant is or was addressed;

(f) in the case of information within subsection (3)(c)—

“relevant interception warrant” means the interception warrant issued under section 5 of the Regulation of Investigatory Powers Act 2000 that relates to the intercept information.

21B Provision of sensitive information to the Commission and certain investigators

‘(1) A person who provides information that is intelligence service information or intercept information to the Commission or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—

(a) make the Commission or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) intercept information, and

(b) provide the Commission or the paragraph 18 investigator with such additional information as will enable the Commission or the paragraph 18 investigator to identify the relevant authority in relation to the information.

(2) In this section, “intelligence service information”, “intercept information”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.”

(3) In Schedule 3 (handling of complaints and conduct matters etc), in Part 3 (investigations and subsequent proceedings)—

(a) omit paragraph 19ZD (sensitive information: restriction on further disclosure of information received under an information notice);

(b) in paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—

(i) after sub-paragraph (6) insert—

“(6A) Where a person would contravene section 21A by submitting, or (as the case may be) sending a copy of, a report in its entirety to the appropriate authority under sub-paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.”;

(ii) in sub-paragraph (8), at the end insert “except so far as the person is prevented from doing so by section 21A”;

(c) in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), after sub-paragraph (2) insert—

“(2ZA) Where the Commission would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(a) or to the Director of Public Prosecutions under sub-paragraph (2)(c), the Commission must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the Commission must not disclose.”;

(d) in paragraph 24A (final reports on investigations: other DSI matters), after sub-paragraph (3) insert—

“(3A) Where a person would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.”” —(Karen Bradley.)

Paragraph 19ZD of Schedule 3 to the Police Reform Act 2002 currently imposes restrictions on the further disclosure by the IPCC of certain sensitive information received by it under an information notice. This new clause replaces paragraph 19ZD with new section 21A of the 2002 Act, which applies irrespective of how the IPCC has obtained the information. New section 21A also applies to investigators appointed under paragraph 18 of Schedule 3 to the 2002 Act (investigations by an appropriate authority under the IPCC’s direction). New section 21A is supplemented by new section 21B, which is intended to assist those needing to comply with section 21A.

Brought up, read the First and Second time, and added to the Bill.

New Clause 3

Release without bail: fingerprinting and samples

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 61(5A) (fingerprinting of person arrested for a recordable offence) —

(a) in paragraph (a) omit “in the case of a person who is on bail,”, and

(b) in paragraph (b) omit “in any case,”.

(3) In section 63(3ZA) (taking of non-intimate sample from person arrested for a recordable offence)—

(a) in paragraph (a) omit “in the case of a person who is on bail,”, and

(b) in paragraph (b) omit “in any case,”.—(Karen Bradley.)

Sections 61(5A) and 63(3ZA) of PACE allow fingerprints and samples to be taken from persons released on bail. Because of changes in the Bill, persons will be released without bail (rather than on bail) unless pre-conditions are met. The amendments change those sections so they cover persons released without bail too.

Brought up, read the First and Second time, and added to the Bill.

New Clause 4

Release under section 24A of the Criminal Justice Act 2003

(1) Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.

(2) In subsection (2) for paragraphs (b) and (c) substitute—

“(b) released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or

(c) released without charge and on bail if—

(i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and

(ii) the pre-conditions for bail are satisfied.”

(3) In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “subsection (2)(c)”.

(4) After subsection (8) insert—

(8A) In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.”—(Karen Bradley.)

This new clause changes the provisions in the Criminal Justice Act 2003 relating to persons who are arrested because they are believed to have failed to comply with conditions attached to a conditional caution. To reflect the changes made in the Bill, those persons will be released without bail (rather than on bail) unless pre-conditions are met.

Brought up, read the First and Second time, and added to the Bill.

New Clause 5

Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 34 (limitations on police detention) after subsection (5A) (inserted by section 42 of this Act) insert—

(5B) Subsection (5C) applies where—

(a) a person is released under subsection (5), and

(b) the custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(5C) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(5D) Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5E) In this Part “caution” includes—

(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

(c) a youth caution under section 66ZA of that Act.”

(3) Section 37 (duties of custody officer before charge) is amended as follows.

(4) After subsection (6) insert——

(6A) Subsection (6B) applies where—

(a) a person is released under subsection (2), and

(b) the custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6B) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(6C) Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(5) After subsection (8) insert—

(8ZA) Where—

(a) a person is released under subsection (7)(b) or (c), and

(b) the custody officer makes a determination as mentioned in subsection (6A)(b),

subsections (6B) and (6C) apply.”

(6) Section 37B (consultation with Director of Public Prosecutions) is amended as follows.

(7) After subsection (5) insert—

(5A) Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(8) Omit subsection (9).

(9) In section 37CA (release following arrest for breach of bail) after subsection (4) insert——

(5) Subsection (6) applies where—

(a) a person is released under subsection (2), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(7) Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(10) In section 24B(2) of the Criminal Justice Act 2003 (application of provisions of Police and Criminal Evidence Act 1984)—

(a) in paragraph (d) for “(5)” substitute “(5E)”, and

(b) in paragraph (f) for “(6)” substitute “(6C)”.—(Karen Bradley.)

This new clause requires a custody officer to notify a person released under section 34(5), 37(2) or (7)(b) or (c) or 37CA(2) of PACE if it is decided not to prosecute. So the person is put in the same position as a person released under section 37(7)(a) (who is notified under section 37B(5)).

Brought up, read the First and Second time, and added to the Bill.



New Clause 6

Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 41 (limits on period of detention without charge) after subsection (9) insert—

(10) Subsection (11) applies where—

(a) a person is released under subsection (7), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(11) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(12) Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(3) In section 42 (authorisation of continued detention) after subsection (11) insert—

(12) Subsection (13) applies where—

(a) a person is released under subsection (10), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(13) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(14) Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(4) In section 43 (warrants of further detention) after subsection (19) insert——

(20) Subsection (21) applies where—

(a) a person is released under subsection (15) or (18), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(21) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(22) Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(5) In section 44 (extension of warrants of further detention) after subsection (8) insert——

(9) Subsection (10) applies where—

(a) a person is released under subsection (7), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(10) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(11) Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.” —(Karen Bradley.)

This new clause requires a custody officer to notify a person released under section 41(7), 42(10), 43(15) or (18) or 44(7) of PACE if it is decided not to prosecute. So the person is put in the same position as a person released under section 37(7)(a) (who is notified under section 37B(5)).

Brought up, read the First and Second time, and added to the Bill.

New Clause 22

Combined authority mayors: exercise of fire and rescue functions

‘(1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (4).

(2) After section 107E insert—

“107EA Exercise of fire and rescue functions

(1) This section applies to a mayor for the area of a combined authority who—

(a) by virtue of section 107D(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and

(b) by virtue of section 107F(1), may exercise functions of a police and crime commissioner.

(2) The Secretary of State may by order make provision—

(a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the combined authority to exercise fire and rescue functions exercisable by the mayor;

(b) authorising that chief constable to arrange for a person within subsection (4) to exercise functions exercisable by the chief constable under arrangements made by virtue of paragraph (a).

(3) An order under subsection (2) may provide that arrangements made under the order—

(a) may authorise the exercise of any fire and rescue functions exercisable by the mayor;

(b) may authorise the exercise of any fire and rescue functions exercisable by the mayor other than those specified or described in the order;

(c) may authorise the exercise of fire and rescue functions exercisable by the mayor which are specified or described in the order.

(4) The persons mentioned in subsection (2)(b) are—

(a) members of the chief constable’s police force;

(b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;

(c) members of staff transferred to the chief constable under a scheme made by virtue of section 107EC(1);

(d) members of staff appointed by the chief constable under section 107EC(2).

(5) Provision in an order under section 107D(1) for a function to be exercisable only by the mayor for the area of a combined authority is subject to provision made by virtue of subsection (2).

(6) This section is subject to—

(a) section 107EB (section 107EA orders: procedure), and

(b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).

107EB Section 107EA orders: procedure

‘(1) An order under section 107EA(2) may be made in relation to the mayor for the area of a combined authority only if the mayor has requested the Secretary of State to make the order.

(2) A request under subsection (1) must be accompanied by a report which contains—

(a) an assessment of why—

(i) it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(ii) it is in the interests of public safety for the order to be made,

(b) a description of any public consultation which the mayor has carried out on the proposal for the order to be made,

(c) a summary of the responses to any such consultation, and

(d) a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the combined authority.

(3) Subsections (4) and (5) apply if—

(a) the mayor for the area of a combined authority has made a request under subsection (1) for the Secretary of State to make an order under section 107EA(2), and

(b) at least two thirds of the constituent members of the combined authority have indicated that they disagree with the proposal for the order to be made.

(4) The mayor must, in providing the report under subsection (2), provide the Secretary of State with—

(a) copies of the representations (if any) made by the constituent members of the combined authority about that proposal, and

(b) the mayor’s response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.

(5) The Secretary of State must—

(a) obtain an independent assessment of that proposal, and

(b) in deciding whether to make the order, have regard to that assessment and to the material provided under subsection (4) (as well as the material provided under subsection (2)).

(6) An order under section 107EA(2) may be made only if it appears to the Secretary of State that—

(a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(b) it is in the interest of public safety for the order to be made.

(7) The Secretary of State may, in making an order under section 107EA(2) in relation to the mayor for the area of a combined authority, give effect to the mayor’s proposal for the order with such modifications as the Secretary of State thinks appropriate.

(8) Before making an order which gives effect to such a proposal with modifications, the Secretary of State must consult the mayor and the combined authority on the modifications.

(9) In this section—

“constituent council”, in relation to a combined authority, means—

(a) a county council the whole or any part of whose area is within the area of the combined authority, or

(b) a district council whose area is within the area of the combined authority;

“constituent member”, in relation to a combined authority, means a member of the authority appointed by a constituent council (but does not include the mayor for the area of the combined authority).

107EC  Section 107EA orders: further provision

‘(1) An order under section 107EA(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities) from a fire and rescue authority or the combined authority to the chief constable (including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).

(2) A chief constable to whom an order under section 107EA(2) applies may appoint staff for the purpose of the exercise of functions exercisable by the chief constable by virtue of the order.

(3) A chief constable to whom an order under section 107EA(2) applies may—

(a) pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;

(b) pay pensions to, or in respect of, persons who are or have been such members of staff;

(c) pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

(4) In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

(5) Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

(6) Where an order under section 107EA(2) is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of functions exercisable by the chief constable by virtue of the order.

(7) Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

(8) In subsection (7)—

“finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—

(a) is not a chief finance officer of the kind mentioned in subsection (6), and

(b) is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of functions exercisable by the chief constable by virtue of an order under section 107EA(2);

“finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—

(a) is not a chief finance officer of the kind mentioned in subsection (6), and

(b) is employed to carry out duties relating to the proper administration of a police force’s financial affairs.

(9) Where an order under section 107EA(2) is in force, the combined authority to which the order applies must pay—

(a) any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;

(b) any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;

(c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the authority.

(10) Where an order under section 107EA(2) is in force, the combined authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—

(a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;

(b) costs incurred and not recovered by such a member of staff in such proceedings;

(c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(11) In this section “fire and rescue staff”, in relation to a chief constable to whom an order under section 107EA(2) applies, means—

(a) staff transferred to the chief constable under a scheme made by virtue of subsection (1);

(b) staff appointed by the chief constable under subsection (2).

107ED Section 107EA orders: exercise of fire and rescue functions

‘(1) This section applies if—

(a) an order under section 107EA(2) makes provision in relation to the area of a combined authority, and

(b) by virtue of the order, fire and rescue functions exercisable by the mayor for the area of the combined authority are exercisable by the chief constable of the police force for the police area which corresponds to that area.

(2) The chief constable must secure that good value for money is obtained in exercising—

(a) functions which are exercisable by the chief constable by virtue of the order, and

(b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

(3) The chief constable must secure that other persons exercising functions by virtue of the order obtain good value for money in exercising those functions.

(4) The mayor must—

(a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the order,

(b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,

(c) secure that functions which are exercisable by the chief constable or another person by virtue of the order are exercised efficiently and effectively, and

(d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

(5) The mayor must hold the chief constable to account for the exercise of such functions.

107EE Section 107EA orders: complaints and conduct matters etc

‘(1) If an order is made under 107EA(2) that enables arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

(2) If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 107EC(1) or appointed by a chief constable under section 107EC(2), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.

(3) The provision referred to in subsection (2) is—

(a) provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

(b) provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

(4) The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

(5) Before making an order under this section the Secretary of State must consult—

(a) the Police Advisory Board for England and Wales,

(b) the Independent Police Complaints Commission,

(c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(d) such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

(e) such other persons as the Secretary of State considers appropriate.

107EF Section 107EA orders: application of local policing provisions

‘(1) The Secretary of State may by order—

(a) apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);

(b) make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.

(2) Those persons are—

(a) a mayor for the area of a combined authority to which an order under section 107EA(2) applies,

(b) a chief constable to which such an order applies, and

(c) a panel established by virtue of an order under paragraph 4 of Schedule 5C for such an area.

(3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.

(4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

(5) In this section “local policing enactment” means an Act relating to a police and crime commissioner.

(3) In section 107D(6)(b) (general functions exercisable by the mayor for the area of a combined authority) after “section 107E” insert “or 107EA”.

(4) In section 120 (interpretation) after the definition of “EPB” insert—

““fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”.

(5) In section 26 of the Fire Services Act 1947 (firefighters’ pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) in subsection (5A) (as inserted by paragraph 12 of Schedule 1)—

(a) omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

“(c) a transfer to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(d) an appointment by the chief constable under section 107EC(2) of that Act.”

(6) In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales) in subsection (4) (as inserted by paragraph 15 of Schedule 1) for “also imposes a requirement” substitute “and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements”.

(7) In section 38 of the Police Reform Act 2002 (police powers for civilian staff) in subsection (11A) (as inserted by paragraph 17 of Schedule 1) after paragraph (b) insert—

“(c) any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated);

(d) any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).”

(8) In section 34 of the Fire and Rescue Services Act 2004 (pensions etc) in subsection (11) (as inserted by paragraph 9 of Schedule 1)—

(a) omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

“(c) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(d) appointed by the chief constable under section 107EC(2) of that Act.”

(9) In section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting) (as substituted by paragraph 10 of Schedule 1) in subsection (3)—

(a) after “whom” insert “—(a)”, and

(b) after paragraph (a) insert “, or

(b) functions of a fire and rescue authority which are exercisable by the mayor of a combined authority have been delegated under an order under section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009.”

(10) In Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process) in sub-paragraph (1AA) (as inserted by paragraph 23 of Schedule 1) after “section 4F of the Fire and Rescue Services Act 2004” insert “or section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009”.

(11) In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) in paragraph (aa) (as inserted by paragraph 24 of Schedule 1)—

(a) omit the “or” at the end of sub-paragraph (i), and

(b) for the “or” at the end of sub-paragraph (ii) substitute—transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, orappointed by the chief constable under section 107EC(2) of that Act, or”.”

(i) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(ii) appointed by the chief constable under section 107EC(2) of that Act, or”.” —(Mike Penning.)

This new clause makes provision for and in connection with enabling the mayor of a combined authority by whom fire and rescue functions are exercisable to delegate those functions to the chief constable for the police area which corresponds to the area of the combined authority.

Brought up, and read the First time.

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Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

The hon. Lady made a compelling case. I have three points. First, there is the nature of the growing threat and, I hate to say it, the terrible things that people do in the privacy of their homes, including, for example, hate crime and abuse on social media, which are absolutely unacceptable.

Secondly, the hon. Lady is right when she says that there is a real problem of capacity in the police force. Stephen Kavanagh is an impressive chief constable. Some of us struggle with digital literacy, but the figure to which he referred of fewer than one in 10 people being digitally literate is chilling given the scale and rapid rise of digital crime and cybercrime.

Thirdly and finally, the hon. Lady makes a good point about strategy in the police service. For example, with the national fraud strategy, the police have been moving down the path of a national product but local delivery. Local delivery means the work that the police do in terms of prevention and their being more digitally literate in future. Indeed, Gavin Thomas, the new chairman of the Police Superintendents Association, recently said that many more younger police officers who understand the technology need to be recruited. The hon. Lady has put her finger on a very important set of issues relating to a rapidly growing area of crime, the sheer scale of which the police are struggling to cope with.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I am very grateful to the hon. Lady, whose constituency I am going to try to pronounce correctly. I last dealt with this pronunciation when we considered the Serious Crime Bill last year. I have the luxury of the Solicitor General, who is a very adept Welsh speaker, to prompt me on how to pronounce this: Dwyfor Meirionnydd.

Karen Bradley Portrait Karen Bradley
- Hansard - -

Not bad. I will not try again, but at least I have got that far. I am very grateful to the hon. Lady for tabling the new clauses, because they give the Committee the opportunity to debate these important issues. I hope to reassure her that the Government are absolutely committed to tackling them.

Digital crime and cybercrime are threats that we take very seriously. The Government continue to invest in law enforcement capabilities nationally, regionally and locally to ensure that law enforcement agencies have the capacity to deal with the increasing volume and sophistication of online crime. Through the national cyber-security programme, we invested more than £90 million in the previous Parliament to bolster the law enforcement response, and we will continue to invest. As the Chancellor announced in November, the Government have committed to spending £1.9 billion on cyber-security over the next five years, including for tackling cybercrime.

Additionally, we have invested in the national cybercrime unit in the National Crime Agency and created cyber teams in each of the regional organised crime units. Those teams provide access to specialist capabilities at a regional level. I think that we can all accept that it is expensive to have such technical support available to every force at a local level, and that is why the regional organised crime units, with their fantastic cyber units that are accessible to all forces, are incredibly impressive.

I remember visiting the south-east regional organised crime unit during the last Parliament, when organised crime was part of my portfolio, and meeting the young lady who had sat in that unit and cracked the case—I do not know if hon. Members remember it—of the Xboxes that no one could access at Christmas because of the activity of some hackers. A young lady working in one of our regional organised crime units here in the UK solved that crime and found the individuals responsible. We should be proud of the work that those forces do and the fact that we have such incredibly talented individuals working in the ROCUs.

James Berry Portrait James Berry
- Hansard - - - Excerpts

Does my hon. Friend agree that a lot of this online crime—online fraud—is not local crime but happens in boiler rooms that sell, or mis-sell, things across the whole of the UK, and that there needs to be a collective national approach to it? A lot of this work is done by Action Fraud, which is based in the City of London police, so that the people committing these crimes that affect people across the UK are investigated in a single place here in London.

Karen Bradley Portrait Karen Bradley
- Hansard - -

My hon. Friend gets this absolutely right. As a central repository of intelligence and information, Action Fraud can work out which force is best placed to investigate. It may well be that that is the National Crime Agency or an international force. I will give an example. One of my constituents could go to the marketplace in Leek in Staffordshire Moorlands and have a fraud committed on them there. It would be very clear that that had happened in Staffordshire Moorlands and that Staffordshire police should investigate. But if that happens online, the criminal could be based in eastern Europe, or the far east, or anywhere in the UK. Action Fraud can put that information into a central repository and get the links; that means that we have an excellent facility for finding the right force to investigate and for finding the criminal.

Kevan Jones Portrait Mr Kevan Jones (North Durham)
- Hansard - - - Excerpts

I do not disagree with what the hon. Member for Kingston and Surbiton was saying. These things are best looked at nationally—some of the conspiracies are clearly international as well—but does the Minister also agree that one of the problems with Action Fraud is that many people who have contacted it feel let down because of a lack of feedback about what happens in their individual case, or how their individual case may well be helping a bigger fraud?

Karen Bradley Portrait Karen Bradley
- Hansard - -

The hon. Gentleman makes a valid point. I had ministerial responsibility for Action Fraud, then my right hon. Friend the Policing Minister covered it and it now sits within the portfolio of the Minister for Security. We have all identified that problem and the City of London police are taking action to address that. They understand that feedback.

There has been a problem that local forces feel that they can pass the information to Action Fraud and it will deal with everything. There is a still an obligation on the local force to feed back to the individual. The crime has still been committed on that individual in the local force area, and it is incredibly important, and incumbent on the local force— working with Action Fraud—to make sure that feedback is given. I echo the hon. Gentleman’s comments.

It is important to make the point that crime is crime—whether it happens online or offline, it is crime. Somebody stealing money from someone is theft. It may be fraud. It may be that it could be prosecuted under some other offence, but it does not matter what the offence is—it is still crime. We need to make sure that the police have the capabilities to understand where the evidence is. It is not like somebody breaking into your home leaving fingerprints, but they will be leaving fingerprints online. There will be digital fingerprints all the way back. We need to make sure that the forces have the capability to see that and that local forces also know the opportunities that this affords.

One of my favourite examples of the great opportunity of online is that if somebody breaks into a house and they are carrying a smartphone, it will try to find the wi-fi. There will be a digital fingerprint from that smartphone. That is an opportunity for local forces to be able to crack more crimes.

We need to ensure that training is happening. Working across the Home Office with local forces, the National Crime Agency and ROCUs, I know that there is an incredible amount of work going on to ensure that local forces and police officers—bobbies on the beat—understand the problem that they are dealing with and how to tackle it. But it is crime. It does not matter whether it is online or offline: it is crime.

Turning to the new clauses, I will deal first with new clause 16, which calls for a digital crime review. As the hon. Member for Dwyfor Meirionnydd explained, the aim of such a review is to consolidate into a single statute criminal offences and other powers relevant to tackling digital crime and the misuse of digital devices and services. She made a very persuasive argument, but I am far from persuaded that such a lengthy and costly exercise would deliver the benefits she seeks. I do not accept her premise that the criminal law is defective in this area. As a general principle, any action that is illegal offline is also illegal online.

Legislation passed before—in some cases, well before—the digital age has shown itself sufficiently robust and flexible to be used today to punish online offending. Consequently, most of the long list of statutes and offences in new clause 16 relate to offending that may be carried out by both digital and non-digital means. I think the terminology is that this is cyber-enabled crime: it is the same crime that has always happened—it is just that the digital platform of the internet enables criminals from thousands of miles away to have access to victims here in the UK and across the world that they would never have had access to without the internet.

Crime is crime. It does not matter whether it is 20th-century or 21st-century crime—it is crime, and it needs to be tackled. The offences that have long been tested in the courts and in the legal system are the right ones to use, whether they have been committed online or offline.

The new clause suggests that the Government should review, with a view to producing a single statute, all legislation

“which contains powers to prosecute individuals who may have been involved in the commission of digital crime”.

It would be difficult, if not impossible, to separate all those powers from those used to prosecute non-digital crime. The new statute would not consolidate the powers, as the new clause suggests. Rather, it would inevitably reproduce and duplicate many existing offences, which would also need to be retained in existing legislation for non-digital offending.

That is not to say that, where we identify specific gaps in the law or new behaviours that ought to be criminalised, we will not take action to plug those gaps. Indeed, the Bill will criminalise the live streaming of offences relating to the sexual exploitation of children. Years ago, none of us would even have thought it possible, but there is live streaming and we need to make sure that we deal with it.

Likewise, in the last Parliament we created a new criminal offence of disclosing private sexual photographs and films

“without the consent of an individual who appears in the photograph or film, and with the intention of causing that individual distress.”

That is what we would perhaps call revenge porn. I think we can all see that that crime may have been committed before, but a partner sharing a photograph with a few friends in the pub, although equally offensive, is not as destructive as that photograph appearing online and being available across the world for millions of people to see. It is very important that where there is criminality and we see gaps like that, we act. We are determined to do so, and will continue to do so. I mentioned that the hon. Lady’s predecessor was a member of the Public Bill Committee that considered the Serious Crime Act 2015. In that Act, we further strengthened the Computer Misuse Act 1990.

New clause 17 seeks to create a raft of new offences relating to digital surveillance and monitoring. I presume that the intention is to address issues such as harassment and stalking offences, which can now occur through digital means. I want to be absolutely clear: abusive and threatening behaviour, in whatever form and whoever the target, is totally unacceptable. That includes harassment committed in person or using phones or the internet. The Protection from Harassment Act 1997 introduced specific provisions to deal with incidents of harassment, including the offences of harassment and putting people in fear of violence—offences that may be committed by online or offline behaviour, or a mixture. The 1997 Act also enables victims to apply for an injunction to restrain an individual from conduct that amounts to harassment, and it gives courts the power to make restraining orders. Those powers are regularly used to successfully prosecute offences committed by digital means.

I want to add one other point. I do not think that the issue we are discussing is whether the offence exists or whether it is sufficient; it is about understanding the offences and ensuring that the public and law enforcement know the offences and use them appropriately. I have experience of this in my own constituency: a business run by one of my constituents was subjected to an online trolling attack. I made the point that if my constituent had walked down the street and paint had been thrown at her, we would all have understood that offence. This was, effectively, digital paint being thrown at her from hundreds of miles away to destroy her business. That does not change the fact that she was being harassed. The issue is not that the offences are in some way lacking; it is about ensuring that they are known and understood, and that appropriate evidence is gathered.

Mims Davies Portrait Mims Davies (Eastleigh) (Con)
- Hansard - - - Excerpts

Does the Minister agree that online and offline behaviour is partly an educational issue? If my 12-year-old was at the shops for four or five hours, doing what they wanted, unmonitored and unchecked, I would certainly ask who they were talking to, what they were doing and what was going on. There are parents who allow this behaviour, probably not seeing the dangers out there in respect of who children are talking to and what they are getting up to for a significant amount of time.

Karen Bradley Portrait Karen Bradley
- Hansard - -

My hon. Friend is absolutely right. That is so important. I co-chair, along with the Minister for Children and Families and Baroness Shields, the UK Council for Child Internet Safety—UKCCIS. It is a very important forum, bringing together internet service providers, education providers and people who have the ability to influence young people and parents. Parents must understand that they need to turn their filters on; it may be a pain to have to occasionally put in a password when looking at a website, but those filters will protect their children.

We are also consulting on age verification for pornography. When I was growing up, it was not possible to access the kind of images that children can download on their smartphones and look at in playgrounds up and down the country. It simply was not available. Again, we have to be clear: if a child cannot purchase that material offline in a corner shop, newsagent or specialist retailer, they should not be able to access it online. We need to make sure that we have those safeguards in place.

We need to get rid of any suggestion that this is too difficult or too hard, and say to parents that they need to understand what the dangers are and to make sure that filters are in place so that their children are protected online. Schools have a role to play in that, too, as we all do. I would be happy to write to all Committee members on the work that we are doing, which they can share with their constituents and local headteachers. I will be delighted if we can get more information to headteachers and others about the work that is being done to protect children online.

New clause 18 deals with digital crime training and education, which is linked to the point that my hon. Friend the Member for Eastleigh made. I support the underlying objective, but I do not think that we need to legislate to require police forces to provide such training. Since the introduction of the College of Policing’s cybercrime training course in February 2014, more than 150,000 modules have been completed across all forces, and in September last year the College of Policing launched the second phase of its mainstream cybercrime training course for police forces. This is a modular course consisting of a series of self-taught and interactive modules that are accessible to all police officers and staff, which provides an introduction to how to recognise and investigate cybercrimes.

We need to get rid of the barriers and obstacles that make people think that they cannot investigate a crime because it happened online. They absolutely can; it is the same type of crime. It is money being stolen, it is harassment, it is stalking or it is grooming. These are all crimes. The fact that they happen online does not change the nature of the crime.

Additionally, more than 3,900 National Crime Agency officers have completed digital awareness training as part of equipping the next generation of highly-skilled digital detectives. The national policing lead for digital investigation and intelligence is co-ordinating a programme of activities to equip forces with the capabilities and technology to effectively police in a digital age and protect victims of digital crime. We need to repeat this point: it is not for the Home Office to mandate this training. Whitehall does not know best here. Delivering that training is something that the police are rightly leading on.

In conclusion, the Government recognise that tackling digital crime is one of the most important challenges that the police face today, and we continue to support and invest in the police to ensure that they have the resources and the capability to respond effectively. Having answered the points that the hon. Member for Dwyfor Meirionnydd made, I hope that I have persuaded her not to press her new clauses.

Liz Saville Roberts Portrait Liz Saville Roberts
- Hansard - - - Excerpts

As I stated earlier, this is a probing new clause. The very purpose of tabling it was to hear the response. I am very pleased to hear that the view on cybercrime is that “crime is crime”. The Minister very effectively described it as “digital paint” being thrown at her constituents.

I believe, in line with those who advise us, such as Stephen Kavanagh, that there is room to look at this matter in a slightly different way. Training is a significant consideration. It has been brought to my attention that, although there are some powerful, centralised initiatives, the front-line work of all police personnel is significant, because there have been cases like the one that I mentioned, in which somebody in a call centre, taking the first contact call, did not interpret the harassment as something that should be taken as a crime. We should be very alert to the means by which we can strengthen the response.

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Liz Saville Roberts Portrait Liz Saville Roberts
- Hansard - - - Excerpts

I had sat down, but I will stand up again. I agree entirely. What is very interesting is how we define, as a society, the behaviour that parents should be addressing in their children and how children should be taught to behave online. What behaviour is socially unacceptable, what is the behaviour in which the police should be involved, and what behaviour really is a threat to safety?

Karen Bradley Portrait Karen Bradley
- Hansard - -

Before the hon. Lady sits down, I would like to give a quick response to the point about internet companies. I want to put it on the record that many internet companies are working very hard with the Government to deal with this issue. There is always more that can be done, but Google, for example, works with the Government and the Internet Watch Foundation to make sure that we close down inappropriate or illegal content as soon as it is identified—if not before it is identified, in fact. I pay tribute to them for the work they have done with the Government on that.

Liz Saville Roberts Portrait Liz Saville Roberts
- Hansard - - - Excerpts

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 19

Modern technology: specialist digital unit (child abuse)

“(1) The chief officer of each police force in England and Wales must ensure that within their force there is a unit that specialises in analysing and investigating allegations of online offences against children and young people.

(2) The chief officer must ensure that such a unit has access to sufficient digital forensic science resource to enable it to perform this function effectively and efficiently.”—(Liz Saville Roberts.)

Brought up, and read the First time.

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Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

I support new clauses 19 and 20. New clause 19 would ensure that there was a unit specialising in analysing and investigating allegations of online offences against children within each police force, and new clause 20 would ensure that there was a unit responsible for working with local agencies to co-ordinate early identification of children at risk of sexual abuse. This is important preventive work.

A report by the Children’s Commissioner in November last year showed that only one in eight children who are sexually abused are identified by professionals. I really do not think that that is good enough. Early identification is incredibly important. The National Police Chiefs Council lead for child protection and abuse investigation, Chief Constable Simon Bailey, has said that

“by the time a child reports sexual abuse the damage has been done and we must do more to stop the abuse occurring in the first place.”

I could not agree more.

We need to do better on early identification, and the specialist units provided for in new clause 20 would help towards that end. The provision for a specialist unit within each police force would mean that both the police and the Crown Prosecution Service had a specialist or specialists working exclusively on child sexual exploitation, just as now happens with domestic violence. Many police forces already have specialist units dealing with child sexual exploitation and that is to be welcomed, but it would be good to see this replicated across the country if possible. Making the provision of specialist units statutory will help to give vulnerable children in all areas of the country a much greater chance of having their abuse recognised before it is too late.

The last decade has seen a huge increase in the number of children with access to the internet, particularly using smartphones and tablets. Current data shows that 65% of 12 to 15-year-olds, and 20% of eight to 11-year-olds own their own smartphone. In 2004, Barnardo’s identified 83 children as victims of some kind of online abuse, but today that number is in the thousands. Clearly, the way in which perpetrators of child sexual abuse contact and groom vulnerable children is changing, and those of us who wish to prevent these awful life-damaging crimes must change the way that we work too.

Barnardo’s 2015 report states that

“young people at risk of harm online may not have any previous vulnerabilities that are often associated with being victims of sexual abuse and exploitation”.

As a result, these victims are less likely to be known to the authorities and the police may only identify cases of exploitation when it is really rather too late. Encouragingly, in July 2014, initial outcomes of Operation Notarise showed that 660 people suspected of sharing illegal images of children had been arrested and around 500 children had been safeguarded. I welcome the good work that the police and charities like Barnardo’s are doing to combat online child sexual exploitation, but this is not the time to be complacent. I am very interested in hearing the Minister’s response to the suggestions in these new clauses.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I fully understand why the hon. Member for Dwyfor Meirionnydd has tabled these new clauses. I believe that they have been prompted at least in part by concerns about significant digital forensics backlogs in some forces, which were highlighted by the recent Her Majesty’s inspectorate of constabulary national child protection investigations. I thank HMIC for the work that it did. It is very important that we all understand what is happening on the ground and that there is an honest appraisal of the work that local police forces are doing, so that police and crime commissioners and others can take the necessary steps to ensure that those issues are addressed.

It almost does not need saying, but I will say it anyway: we can all agree that child sexual exploitation, whether on or offline, is an abhorrent crime and that the police and other relevant agencies must up their game to effectively respond to such crimes and safeguard vulnerable children. The shadow Minister and others have made reference to last year’s report by the Children’s Commissioner. It is worth setting out the context in which we are operating.

The Children’s Commissioner estimated that there are about 225,000 cases of child abuse a year. Of course, the vast majority of that was intra-familial abuse and, as the hon. Member for Dwyfor Meirionnydd mentioned, peer-on-peer abuse—children-to-children, or young people to children abuse. Child sexual exploitation online is part of the problem, but intra-familial abuse is an enormous part of it. The national policing lead, Simon Bailey, is very clear on the work that needs to be done in schools, with social services and others, working in multi-agency safeguarding hubs, to ensure that children are protected and that we have places for people to go. For example, the Government launched the child sexual abuse whistleblowing helpline, which was one of the recommendations in the Louise Casey and Alexis Jay report on Rotherham. The report said that there needed to be a safe place for professionals to report concerns that child sexual abuse that had been reported had not been dealt with. The NSPCC runs that helpline for the Home Office, and will help to make sure that children can be protected.

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Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

May I probe the Minister a little on the idea that we do not need specialist units? We now have specialist units within our police forces for domestic violence, which are provided for across the country. They seem to me to have had a massive impact on the safety of women in our communities; they have raised the issue locally and have meant that we are tackling domestic violence so much better than we were. Since those units have had such an impact on domestic violence, may I ask her gently to go away and think about them a bit more, rather than rejecting them out of hand, because they may be the answer to child exploitation and child abuse within our localities.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I understand exactly the hon. Lady’s point, but I think we need to differentiate between online and offline exploitation of children. Policing online exploitation is a detailed, technical job that requires great skill and depth. CEOP, which is part of the National Crime Agency, leads on that nationally, with the child abuse image database that is rolled out to all forces, and with their expertise. The Prime Minister committed £10 million to CEOP at the first WePROTECT summit at Downing Street in December 2014; my right hon. Friend the Minister for Policing, Crime and Criminal Justice was there. We have the specialist capability sitting within CEOP to give all local police forces access to data on online grooming and exploitation.

However, dealing with child sexual abuse in a wider context—not necessarily online—has to be part of every police officer’s work: working with the multi-agency safeguarding hub, with social services, with health professionals and others to ensure that we identify the victim. It is not as easy as finding a victim online—although that is not easy either—because these are very hidden crimes. We need to ensure that they are the business of every police officer, that all officers are aware of what is involved, and that we work within the multi-agency safeguarding hub.

Frankly, it is far too often the police who end up leading on this matter. When a crime is committed, the police absolutely have a role to play. But if there is an allegation of abuse within a family context, two big burly coppers turning up at the front door may not be as successful as a social worker or a health professional. We need to get the right professionals and it needs to be an operational local matter; it is not something that we should be mandating nationally. With that in mind, I hope I have persuaded the hon. Member for Dwyfor Meirionnydd to withdraw her new clause.

Liz Saville Roberts Portrait Liz Saville Roberts
- Hansard - - - Excerpts

I reiterate the point that the hon. Member for West Ham made: there is a risk, when making something everybody’s responsibility—particularly children and safeguarding—that it becomes nobody’s responsibility. It was felt that the particular focus required for the police to deal with domestic abuse would not have come about without units present in every police force; that prompts similar questions for child sexual exploitation, which is very much in the same area.

I do not intend to press the matter to a Division, but I hope we will be able to discuss it further. We are all aware of incidents such as those in Rotherham—we can all list them—and the ongoing cases within Operation Pallial; we know that we have not solved the problem, in any shape or form.

Karen Bradley Portrait Karen Bradley
- Hansard - -

May I make an analogy with mental health, which we were debating earlier? I think the difficulty there was that the police stepped into a void that no other agency was stepping into. We have the opportunity here to have multi-agency and cross-agency working, to really help children. My fear is that, if we mandate the police to be the agency that deals with the problem, it will all be police-driven. I am not sure that that is in the best interest of the victims or that it is the best way to tackle this issue. I think that there has to be a multi-agency response, which is what we are working towards through the work that all multi-agency safeguarding hubs and others are doing.

Liz Saville Roberts Portrait Liz Saville Roberts
- Hansard - - - Excerpts

I thank the Minister for her comments, which I appreciate, but none the less it strikes me that in my own area North Wales police, evidently as a result of the Waterhouse inquiry and Operation Pallial, which is, of course, ongoing, felt it needed a child sexual exploitation unit. We know that child sexual abuse is not restricted to certain areas of the country. Yes, many cases—the majority of cases, possibly—are intra-familial and we have talked about peer-on-peer, but if it was felt to be significant and necessary in north Wales, and wherever the other units are, I feel strongly that it is necessary throughout all police forces. I ask the Minister to consider this again on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 21

“Offence of abduction of a vulnerable child aged 16 or 17

‘(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—

(a) takes a child to whom this section applies away from the responsible person; or

(b) keeps such a child away from the responsible person; or

(c) induces, assists or incites such a child to run away or stay away from the responsible person or from a child’s place of residence;

(2) This section applies in relation to a child who is—

(a) a child in need as defined in Section 17 of the Children Act 1989;

(b) a child looked after under Section 20 of the Children Act 1989;

(c) a child housed alone under part 7 of the Housing Act 1996;

(d) a child who is suffering or is likely to suffer significant harm subject to Section 47 1(b) of the Children Act 1989.

(3) In this section “The responsible person” is—

(a) a person with a parental responsibility as defined in the Children Act 1989; or

(b) a person who for the time being has care of a vulnerable child aged 16 and 17 by virtue of the care order, the emergency protection order, or section 46, as the case may be; or

(c) any other person as defined in regulations for the purposes of this section.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both such imprisonment and fine; or

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years.

(5) No prosecution for an offence above shall be instituted except by or with the consent of the Director of Public Prosecutions.”—(Liz Saville Roberts.)

Brought up, and read the First time.

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Karen Bradley Portrait Karen Bradley
- Hansard - -

As with other amendments that the hon. Member for Dwyfor Meirionnydd has tabled, I understand and have great sympathy for the intention behind the new clause, but there are problems, as I hope she and the shadow Minister would acknowledge. Sixteen and 17-year-olds are adults. They are lawfully able to get married. They are generally deemed capable of living independently of their parents and are otherwise able to make decisions affecting their way of life, not least in sexual matters. Extending the offence of abducting a child who is capable of exercising his or her own free will could therefore raise difficult issues. We therefore need to think very carefully about and debate this matter. I would be delighted to meet the hon. Member for Dwyfor Meirionnydd and the shadow Minister to discuss it, and I have talked to the Children’s Society about it.

We have a very difficult balance to strike here. We discussed this issue—and will be discussing it shortly—in connection with the coercive control offence when we debated the Serious Crime Bill last year. The difficulties we have—of recognising and ensuring that we respect the rights of somebody who is legally able to leave home and legally able to engage in sexual intercourse, while recognising their need for protection and their vulnerabilities —are considerable, and there is a very fine line. The fact is that there are many 21 and 22-year-olds who are incredibly vulnerable people. It is about the nuance and where we draw the line on these matters.

Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

I appreciate that the Minister is doing her best here and I appreciate having the opportunity to talk about this issue, but my colleague on the team—my hon. Friend the Member for Rotherham (Sarah Champion)—who is not here today is probably the better person to talk to about it. However, I just say to the Minister that the children who have been in and out of care are so vulnerable. They are desperate for love, affection and to be able to put down roots. They are so vulnerable. We really should be able to find a way through the difficulties with the law with regard to 16 and 17-year-olds to provide protection for this small number of very vulnerable young people.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I understand the hon. Lady’s point. I am working closely with my colleagues in the Department for Education to ensure that children in care have special treatment. To be clear, children in care do get different treatment from those who are otherwise vulnerable.

I will give an example, which I raised with the Children’s Society when it gave evidence, of where that could create problems. In an honour-based violence situation, a young person may have chosen to leave home because they fear what might happen to them there. I have heard horrendous examples of 16 and 17-year-old girls who left home and were forced to go back to their parents because they were vulnerable and that was the best place for them. In some cases, that led to the most horrendous outcomes. We have to be very careful and mindful of the fact that we confer rights on 16 and 17-year-olds over and above the rights that are conferred on 14 and 15-year-olds.

I appreciate fully the hon. Lady’s point about ensuring that children in care have special protections and, as I say, I am working closely with the Department for Education to ensure that we deal with that. I hope that she will recognise that the Government have legislated to introduce new civil orders, sexual risk orders, and slavery and trafficking risk orders, which provide the police with powers to tackle predators of 16 and 17-year-olds. We need to use those orders and civil powers, not make a blanket decision at this stage without having thought very carefully about the consequences.

That is why I would appreciate having a discussion. I understand that the hon. Lady referred to the hon. Member for Rotherham. I would be happy to meet them both to discuss this issue further, but we need to be careful. Before making a blanket decision on a matter such as this, we need to think about all the risks and consequences for all young people, on whom, as I say, at 16 and 17 we confer rights of adulthood in many ways. We need to respect those rights. For that reason, although the hon. Member for Dwyfor Meirionnydd said that she would not press the new clause to a Division, I would be happy to discuss this issue further.

Liz Saville Roberts Portrait Liz Saville Roberts
- Hansard - - - Excerpts

I thank the Minister for her full response and I appreciate that she is endeavouring to address this issue. I am particularly concerned that, as we are very much aware, vulnerable 16 and 17-year-olds can be targeted and are more open to abuse because they have reached an age at which some people perceive that it is legal to act so. The 1984 Act gives some precedent for us to look at those groups of people. If three categories of young people are already defined in that Act, are there other categories that we could look at pushing ahead with? However, I appreciate what the Minister said about being cautious about taking a blanket approach and I would very much like to take her up on her offer to meet her and the hon. Member for Rotherham. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 44

Controlling and coercive behaviour in non intimate or family relationships in relation to a child aged 16 and 17

‘(1) Section 76 of the Serious Crime Act is amended as follows.

(2) After Section 76, insert—

“76a Controlling and coercive behaviour in non intimate or family relationships in relation to a child aged 16 and 17

(1) A person (A) commits an offence if—

(a) A repeatedly or continuously engages in behaviour towards a child (B) aged 16 or 17 that is controlling or coercive,

(b) at the time of the behaviour A and B are not in an intimate or family relationship which each other,

(c) the behaviour has a serious effect on B, and

(d) A knows or ought to know that the behaviour will have a serious effect on B.

(2) A’s behaviour has a ‘serious effect’ on B if—

(a) it causes B to fear, on at least two occasions, that violence will be used against B, or

(b) it causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities, or

(c) it inhibits B’s ability to withhold consent to activities proposed by A through A supplying B with drugs or alcohol.

(3) In this section the ‘non intimate or family relationships’ are relationship other than those defined in Section 76.

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both.”’—(Carolyn Harris.)

This new clause would make controlling and coercive behaviour towards a 16 or 17 year old a criminal offence.

Brought up, and read the First time.

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Karen Bradley Portrait Karen Bradley
- Hansard - -

We had this debate when we introduced the coercive control offence in the Serious Crime Bill in 2015. It goes back to the points that we discussed during debate on previous clauses about the need to respect individuals’ right at 16 or 17 to leave home, marry legally and make decisions, and how best to respect that in law. I am a great believer in legislating where there is a true gap in the law—where new legislation is needed because at the moment prosecution cannot be brought.

On the offence of coercive control, my hon. Friend the Member for Rossendale and Darwen mentioned “The Archers”. He may well have spotted me on “Countryfile” on Sunday night, discussing exactly that point. It was very difficult; we knew that there was a problem. When I was talking about the issue at a meeting recently, I met a lady who grabbed me afterwards with tears in her eyes—a well-to-do lady, somebody whom one would perhaps not expect it to have happened to—and said, “That was me 30 years ago. All the police told me was that they had to hope he kicked my door in, because then they could get him for criminal damage.” There was no offence available that the police could use.

That is the point. Is there an offence available, and is it possible to get a prosecution? The answer goes back to the point that we were discussing earlier about digital offences. Where an offence exists, it is not a case of re-legislating or creating new offences; we should ensure that the offence is used. It will be understood by the courts and the legal system, and we need to ensure that the police understand it and use it appropriately. However, where there is no offence and protection cannot be offered, the Government want to take note and listen. I fear that on this issue, there are offences already in place. A suite of powers are available to the police and others. Therefore, although I am happy to discuss the point, I am not persuaded that at this stage, the amendment is the right approach.

The new coercive control offence, which we commenced on 29 December last year, was introduced to address a specific gap in the law and capture patterns of abuse in an intimate partner relationship. Patterns of abuse outside an intimate partner relationship, which the new clause seeks to address, are already captured by harassment, the test for which is partially replicated in the proposal, and stalking offences, which can apply to patterns of abuse directed against 16 and 17-year-olds.

One question that we faced when considering the coercive control offence was how to get evidence. Much of what the hon. Member for Swansea East and the shadow Minister discussed involves gathering evidence. We have seen from stalking offences that it is perfectly possible for the police to gather evidence of persistent or repetitive behaviour to ensure prosecutions, which is what we all want.

The hon. Member for Swansea East mentioned child sexual exploitation. I hope that she has seen that we have recently consulted on the definition of child sexual exploitation, making it clear that the term applies to children under 18 and thus includes 16 and 17-year-olds. As I said, stalking and harassment also apply to 16 and 17-year-olds. The new domestic abuse offence enacted in the Serious Crime Act 2015 means that 16 or 17-year-olds in intimate partner relationships who are coerced or controlled are covered by the new criminal law. Equally, if a 16 or 17-year-old is living with a parent or other family member who seeks to control them in a way that causes them to fear violence or feel alarmed or distressed, the domestic abuse offence offers protection. For the sake of completeness, I should say that if a young person does not live with the family member or parent concerned, existing harassment legislation will offer the same protection.

The hon. Lady discussed gangs and the approaches that they might take in terms of drug trafficking and so on. That is precisely the reason why the Government’s new ending gang violence and exploitation programme, which has replaced our ending gang and youth violence programme, is there.

The point that the hon. Lady makes about vulnerable young people being exploited by gangs, under what is known as the county line phenomenon, is something that we are determined to tackle, but it is possible to tackle it using existing legislation and offences; it does not require a new offence. For example, the Policing and Crime Act 2009 introduced a new civil tool that allows the police or a local authority to apply for an injunction against an individual to prevent gang-related violence and, from 1 June 2015, gang-related drug dealing, which we discussed during the passage of the Serious Crime Act last year.

A wide range of powers are available. I would be very happy to sit down and thrash out whether there really is a gap in the law, or whether it is merely that the existing powers are not being properly used; we need to be clear on that. I hope at this stage that the hon. Lady will withdraw her new clause.

Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

We believe that there is still a gap in the existing harassment legislation that is not covered, as was recently proven in Rotherham. I thank the hon. Lady for her comments and I am delighted that she has offered further conversation on this important matter. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 45

Prevention of child sexual exploitation and private hire vehicles

“(1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows—

(a) after section 47(1) insert—

“(1A) A district council must carry out its functions under this section with a view to preventing child sexual exploitation”.

(b) at end of section 48 (1) insert—

“(c) a district council must carry out its functions under this section with a view to preventing child sexual exploitation”.

(2) Section 7 of the London Cab Order 1934 is amended as follows—

(a) after Section 7(2) insert—

“(2A) Transport for London must carry out its functions under this section with a view to preventing child sexual exploitation”.

(3) Section 7 of the Private Hire Vehicles (London) Act 1998 is amended as follows—

(a) after Section 7(2) insert—

“(3) The licensing authority must carry out its functions under this section with a view to preventing child sexual exploitation”.—(Carolyn Harris.)

This new clause would place local authorities under a duty to consider how they can prevent child sexual exploitation when they issue licences for taxis and private hire vehicles.

Brought up, and read the First time.

Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

As my hon. Friend the Member for Swansea East said, the new clause would place local authorities under a duty to consider child protection when they issue licences for drivers of taxis and private hire vehicles. We support it because we think it could lead to important safeguarding measures.

Taxi drivers do a fantastic job up and down the country. I could not happily live my life without them. More than 242,000 licensed vehicles in England provide transport for millions of people every day. Outside of rural areas, interestingly, there is a high satisfaction level—about 68%—with taxi and private hire services. The review of child exploitation in Oxford made it clear that taxi drivers can and do play a very positive role in tackling grooming and child exploitation. The report noted that taxi drivers had driven young girls to the police station when they were worried that the girls were being sexually exploited, and that they were well regarded across the city because of the role that they had played.

However, we have to recognise that in some of the grooming rings exposed in recent years taxi drivers have not played such a positive role. Taxi drivers have been reported as abusing their position of power when they collect young people. The independent inquiry into child sexual exploitation in Rotherham found:

“One of the common threads running through child sexual exploitation across England has been the prominent role of taxi drivers in being directly linked to children who were abused”.

This is, quite clearly, a problem that needs to be tackled. I believe that my hon. Friend’s amendment could pave the way for important safeguarding measures that, frankly, should already be in place. For example, a number of local authorities up and down the country have imposed “conditions of fitness” tests on taxi drivers. These can involve criminal record checks and even live reporting to licensing authorities if a taxi driver commits a criminal offence after they have been granted a licence. Realistically, I do not believe that a licensing authority could carry out its duty to promote the prevention of harm to children, which is what the new clause provides for, without conducting checks on all drivers.

The Department for Transport provides guidelines on how local authorities should assess the criminal records of those who wish to have a licence to drive a private hire vehicle. The guidelines state that authorities

“should take a particularly cautious view of any offences involving violence, and especially sexual attack.”

Those are proportionate and appropriate words. However, because local authorities have discretion to interpret what is meant by a “fit and proper” person to drive a private hire vehicle, not all private hire vehicle drivers outside London are even subject to a criminal record check. We should consider reversing that; I believe that this proposed statutory duty to protect would have precisely that effect.

Other good practice can be considered. In Oxford, taxi drivers have been trained how to respond if they believe that their customers are victims of sexual exploitation. The independent review suggests there is evidence that that training is working. With a statutory duty in place to promote the prevention of child sexual exploitation, we could see such practices replicated across the country. Will the Minister say what measures the Government have put in place to ensure that best practice, like that in Oxford, can be shared across the country?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I hope that I am going to cheer everybody up—spoiler alert! I am not going to repeat the arguments made by the hon. Member for Swansea East and the shadow Minister, who have summed up the problem exactly. We have been working closely with the Local Government Association and others to ensure that best practices are spread. I recently enjoyed a taxi ride from Stoke-on-Trent station to my constituency home, in which the taxi driver, without knowing who I was, told me all about the safeguarding training he had been through that day. It was very good to hear him share that knowledge with someone he thought was a complete stranger to it.

We still need to go further. I have been working with the Under-Secretary of State for Transport, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones) on the further reforms that are urgently needed on taxi and private hire vehicle licensing arrangements.

Although I absolutely agree with the spirit of the new clause, I suspect—the hon. Member for Swansea East may be shocked to hear this—that more will be required, with respect both to strengthening the Bill’s provisions and to making additional amendments to relevant legislation. I assure her that I am committed to delivering this change; we want to ensure, working with colleagues at the Department of Transport, that those exercising licensing functions have access to the powers and are subject to the appropriate duties that best ensure that our licensing arrangements provide the strongest possible protections. Once we have determined the best way forward, we will carefully consider what legislative vehicle is most appropriate to make any necessary changes. I cannot promise that that will be in this Bill, but it may be. With that assurance, I hope that the hon. Lady will be content to withdraw her new clause.

Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

I am happy to withdraw it. In the words of my hon. Friend the Member for West Ham, “You’ve made my day”. Thank you very much.

--- Later in debate ---
Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

New clauses 46 and 47 act on a recommendation made in a joint report by NHS England and the Department of Health in 2013 called “Future in mind”, which argued that we need to ensure that those who have been sexually abused and/or exploited receive a comprehensive assessment and referral to the services that they need, including specialist mental health services.

In 2014, the NSPCC produced a summary of the academic literature on the relationship between childhood sexual abuse and victims’ later mental health. In each instance, the NSPCC offered a conservative estimate of the known impact of one on the other. Despite that effort not to sensationalise, the numbers are truly shocking. Children who are victims of sexual abuse are twice as likely to suffer from depression as those who are not victims. They are three times as likely to attempt suicide, to self-harm or to suffer from post-traumatic stress disorder at some point in their lifetime and twice as likely to become dependent on alcohol, meaning that their physical health as well as their mental health is endangered.

All the evidence shows that the trauma and emotional confusion that follows childhood sexual abuse leaves victims more likely to suffer from poor mental health. We should, as a matter of course, do all we can to prevent that from happening, or at least to ensure that those mental health issues are made easier for victims to manage. That involves high-quality and appropriate mental health treatment and professional emotional counselling. There is evidence, for example, that abuse-specific therapeutic interventions relieve depressive symptoms among victims.

New clause 46 would require police or local authorities to make a referral whenever they receive a disclosure that a child has been the victim of sexual or other abuse. They would have to make a referral even if they do not believe there is enough evidence or grounds to take further legal action. That is important, because the burden of proof necessary for law enforcement to use its full array of powers is obviously higher than the level of suspicion needed for our full safeguarding and health measures to be utilised.

The NSPCC has found that delays between children suffering from traumatic events and receiving treatment lead to exacerbated mental health issues and we know that victims of sexual abuse have often had difficulty in being believed by the professionals charged with their care and protection. Duties to refer are not new to our legal system when dealing with safeguarding measures. For example, some employers must refer an individual to disclosure and barring services whenever an allegation of a sexual or abusive nature is made. The provisions in the new clause would not charge local authorities or the police to carry out the task of diagnosis, which they are not trained to do. It would be a precautionary measure that applied to all those about whom they receive a disclosure, not just those they believe to be suffering from a mental or emotional health issue. It is a sensible proposal, in keeping with established safeguarding practice and the assignment of appropriate professional duties.

The proposals are also well thought out. New clause 47 would put a duty on the police to share information with the relevant mental health service commissioner in their area. I believe that that new clause would work with new clause 46 to create a culture of collaboration between law enforcement, health agencies and local government, which is needed if the victims of child sexual exploitation are to be given the care and support that they need.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I thank the hon. Member for North Durham for again raising a very important issue. He is absolutely right. We must make sure that vulnerable or traumatised children must never fall through the gaps between services. I would appreciate it if, when we meet, we could discuss the way that that might best be addressed, because I am not convinced that the best way is a mandatory way. For example, some young people who are abused or exploited do not develop mental health problems and I have a nervousness about intervening unnecessarily, which could create unintended harms. We need to make sure that we intervene where we need to and that each child is treated as an individual and has the care that they need; I do not think that it should be mandated.

Kevan Jones Portrait Mr Kevan Jones
- Hansard - - - Excerpts

I take the Minister’s point. We cannot force anyone to have treatment, but the offer of some support for individuals would make a real difference.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I would really appreciate talking this matter through outside the Committee, and I would like the shadow Minister to attend that meeting as well. There is work being done. The shadow Minister mentioned the “Future in mind” report, which the Department of Health is working on to ensure that an emerging workforce strategy is put in place. Perhaps we can discuss that privately.

The hon. Member for North Durham referred to civil servants getting slightly scared about the idea that personal data should automatically be disclosed to third parties. I appreciate the good intentions, but I do think that that is a dangerous road to be travelling down. We need to have a conversation about how best to manage that.

It is right that we need to make sure that children get support. I have talked about the children I have met who have experienced abuse. They need the right support. At what point do they go into recovery? At what point can they lead a functioning life? It is clear from the work we are doing through the troubled families programme that in the families who have gone through the programme, there are multiple problems—mental health, abuse, domestic abuse and other problems. We need to tackle all of those. I know these are probing amendments and I hope that the hon. Gentleman will allow us to discuss them at length outside this room.

--- Later in debate ---
Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

These new clauses have all been tabled to help local authorities to carry out their alcohol licensing function.

New clause 51 would enable a licensing authority to suspend a premises licence where a business had wilfully or persistently failed to pay the business rates due. It has been tabled with the support of the Local Government Association. New clause 52 would allow local authorities to reject a licensing application if they felt there were already enough licensed premises in a particular area. New clause 53 would make promoting public health a statutory objective for licensing authorities.

New clause 51 has been tabled because, as the law stands, local authorities must issue licences to businesses even when they may owe debts running into tens of thousands of pounds. I am told by the LGA that that has become a problem in some localities, such as West Sussex, where local authorities are struggling to collect the business rates to which they are entitled. The new clause would end the problem by allowing local authorities to suspend the licence of an establishment that has persistently failed to pay its business rates. The hope is that the power would rarely be used, as premises would change their behaviour as they would no longer have reason to see their local authority as a soft creditor.

The new clause is by no means an attack on drinking establishments. We recognise the role that they play in our communities as social hubs that are an important part of our cultural heritage. The Opposition want to ensure that we keep as many of our well-run drinking establishments open as possible. We understand that the proposal could be seen as a threat to that, which is why it contains a power for a local authority to revoke a licence that would apply only if it was able to demonstrate first that earlier efforts to secure payment of the debt had been made but failed. That safeguard is included to ensure that the power is used only as a last resort.

Furthermore, the power to revoke a licence would not apply if the business failed to make the payment because of an administrative error on the part of the holder, the authority or anybody else—for example, the business’s bank. Taken together, those safeguards would ensure that the power to revoke licences was used only as a very last resort and would protect well-run local pubs from accidentally having their licence removed because of an administrative error.

The Local Government Association predicts that the safeguards, alongside the Government’s extension of small business rate relief, would mean that we would not see important community pubs closing as a result of the new power. However, the power would enable local authorities to ensure that they do not lose out on important revenue to which they are entitled and on which many of our basic services rely.

New clause 52 would allow local authorities to reject a licensing application if they felt they were saturated with licensed premises in a particular area. The Licensing Act 2003 allows local authorities to reject licensing applications only in a limited and defined set of situations: either where the premises has not demonstrated that it will meet statutory licensing objectives, or where door or cover supervision is not provided for.

Home Office guidance suggests that a local authority can refuse a licence based on

“the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area.”

However, a local authority can do so only if it demonstrates in its licensing statement that the number of licensed premises in its area has already had a negative cumulative impact on its licensing objectives. That is called a cumulative impact policy and means that local authorities have to wait until they can demonstrate a negative impact on the prevention of crime and disorder, public safety, the prevention of public nuisance or the protection of children from harm. That leaves local authorities powerless to act until after the fact, and I just do not think that that is right. I believe that the licensing objectives are incredibly important and I want to give local authorities the power to be proactive to ensure that they are upheld.

For instance, a small town with two large nightclubs could not reject an application for a licence from a third nightclub even if the local authority believed that it would not be appropriate for the town to have yet another nightclub. It is of course important to consider the individual characteristics of the premises concerned, but it is also important to consider the individual characteristics of our towns and cities, which many residents want to see conserved. In effect, local authorities have no power to control the number of licensed premises in any given locality until they can demonstrate that it is having an adverse impact on one of their licensing objectives, by which point it would be rather late.

New clause 52 would allow a local authority to reject a licensing application based on the belief that an area is already saturated with drinking establishments. It would give local authorities a sure footing and a legal foundation to allow them to be proactive in ensuring that their licensing objectives are met, and more power over how their towns and cities look and operate.

New clause 53 would make promoting public health a statutory objective for licensing authorities. I do recognise—honest—the important place that pubs, clubs, bars and restaurants play in our society. Drinking is a social activity, and drinking establishments are essentially social places where people go for conversation, relaxation and pleasure. I understand that in our busy and stressful lives, the socially integrative, egalitarian environments in our favourite locals can be the perfect way to switch off and unwind. For me, a decent beer, a good meal, an engaging book and the company of my four-legged friend is a great joy and a perfect way to spend a weekend afternoon or an evening. I also acknowledge that that can provide significant public health benefits—it certainly does for me—but we must not lose sight of the significant impact that drinking can have on public health.

It is well known that there is a causal relationship between alcohol consumption and a range of health problems, including alcohol dependency, liver diseases, some cancers and cardiovascular diseases. Furthermore, it can lead to unsafe behaviour and thus the spread of sexually transmitted diseases. The World Health Organisation estimates that 5.1% of the global disease burden is due to harmful use of alcohol. New clauses 52 and 53 would enable local authorities to reject licensing applications on the basis that the number of premises in an area was having a negative impact on public health. We cannot ask local authorities to be responsible for public health and then not give them the powers that they say they need to have an impact upon it.

I understand that implementing public health as a licensing objective in Scotland has proved to be somewhat difficult; however, that should not deter us from at least considering it. Alcohol clearly has a major impact on public health, so local authorities should be enabled to consider that impact when undertaking their licensing function. I believe that we have to find a way of successfully implementing what was attempted in Scotland. Local practitioners certainly think so; a recent Local Government Association survey of directors of public health found that nine out of 10 were in favour of adding a public health objective to the Licensing Act 2003, saying that it would help them do their jobs more effectively. Our amendment has the support of the Local Government Association.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I thank the shadow Minister for her comments. I too have read the very informative LGA briefing. I ought to declare an interest in that I am not just an avid—and regular—user of licensed premises. I grew up in a licensed premises, and my brother still has a licence and runs the family pub, which has been in the family since 1967. I think we probably have some experience of these things. Perhaps I could deal with the new clauses in the order that I am attracted to them.

I will start with new clause 51. The four licensing objectives that local authorities have are the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. It is very important that we stick to those when we come to look at the new clause. The hon. Lady will know that there is a provision in the 2003 Act for the licensing authority to suspend a premises licence or club premises certificate if the premises has failed to pay the annual fee. That power is directly linked to the local authority’s need to obtain a fee from premises in order to carry out its functions. If it is not paid it undermines licensing authorities’ ability to operate fully, and it is therefore right that they should have the corresponding power to suspend the licence and thus the legal operation of such premises.

Business rates are a different matter. They must be paid by not just licensed premises but all businesses. There are already enforcement remedies available to local councils for the non-payment of those rates. I am not sure that linking the payment of business rates to the right to hold a licence to sell alcohol is necessarily an appropriate route to take. I am therefore afraid that I cannot commend new clause 51 to the Committee.

New clause 53 seeks to introduce a health-based licensing objective. I want to assure the hon. Lady that the Government have sympathy for the view that considerations of public health should play a greater role in licensing, and we remain interested in the possibility of introducing a health-related licensing objective. However, this is neither the right time nor the legislative vehicle to do so. It may superficially seem straightforward, but licensing decisions must be proportionate and made on a case-by-case basis. To try to establish direct causal links between alcohol-related health harms and particular premises would be very difficult. Without the necessary processes and supporting evidence in place, licensing decisions based on health grounds would be unlikely to stand up to legal challenge.

Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

I have an awful lot of sympathy with what the hon. Lady says, especially about this not being the right legislative vehicle. It was an opportunity for us to test the waters.

We did not envisage this new clause being about the health risk of a particular pub, premises or bar, but about the amount in a particular area, or possibly the type of risks in a particular area. Effectively, the new clause would allow local authorities to take that into consideration when making decisions on licences.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I understand the hon. Lady’s point. I should make the point that the public health requirement, in the case of two-tier authorities, is on the county council, as it is in my case, but the district council deals with licensing. Licensing decisions are taken on a case-by-case basis, so we would be asking a district or borough council to take a licensing decision on an individual premises on the basis of a public health implication that may or may not be properly founded. I want to assure the hon. Lady that Public Health England is looking at the lessons learned from the evidence-based work that was done in 2014-15. A consultation process would need to follow, but it is looking carefully at that point.

New clause 52 covers the cumulative impact. The hon. Lady linked new clauses 52 and 53, but I do not think we need to do that. I hope that she has read avidly the Government’s modern crime prevention strategy, which was published just last month, because in that we made a commitment to put cumulative impact policies on a statutory footing.

Kevan Jones Portrait Mr Kevan Jones
- Hansard - - - Excerpts

It is my understanding that if a local authority draws up a local policy, it can use cumulative impact to refuse further licences in an area.

Karen Bradley Portrait Karen Bradley
- Hansard - -

The hon. Gentleman is absolutely right. There are already more than 200 cumulative impact policies in England and Wales and they allow local authorities to control the number or type of licence applications granted in an area where it can be shown that high numbers or densities of licensed premises are having an adverse impact on the licensing objectives. They can also put a levy on such premises. However, the cumulative impact policies currently have no statutory basis and it is unclear whether all local authorities are making best use of the power. That is why we intend to place them on a statutory footing both to maximise their effectiveness and to improve local authorities’ ability to ensure that the right premises for their area are granted licences to sell alcohol and late-night refreshment.

Kevan Jones Portrait Mr Kevan Jones
- Hansard - - - Excerpts

I am a bit of an anorak on the Licensing Act 2003 from when we were in power. The Minister makes an important point about putting cumulative impact on a statutory footing. One thing that confuses the public is that while the ability to reduce licences or take action is there—the onus is on the local authority—in many cases they do not use the powers they have got.

Karen Bradley Portrait Karen Bradley
- Hansard - -

The hon. Gentleman is absolutely right that local authorities do not necessarily use the powers available to them and this measure will ensure that they understand those powers and use them. I hope that he and the hon. Member for West Ham understand that the change requires proper consultation with those affected. We need to consult the licence trade, the alcohol industry and local authorities. Therefore—I hope that the hon. Lady will forgive me—we need a little time to undertake such consultations. We will do them as quickly as possible. I cannot promise that they will have been completed in time for Report, but suffice it to say that we support the objectives behind new clause 52 and will seek to bring forward proposals of our own as quickly as possible.

Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

The Minister has obviously delighted me. I therefore beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Schedule 1

Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary

“1 The Ministry of Defence Police Act 1987 is amended as follows.

2 (1) Section 3A (regulations relating to disciplinary matters) is amended as follows.

(2) After subsection (1A) insert—

“(1B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (1A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

(a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of the chief constable of the Ministry of Defence Police, the Ministry of Defence Police Committee, the Independent Police Complaints Commission, the Police Investigations and Review Commissioner or the Police Ombudsman for Northern Ireland,

(b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of the Ministry of Defence Police, and

(c) either—

(i) the person ceases to be a member of the Ministry of Defence Police after the allegation first comes to the attention of a person mentioned in paragraph (a), or

(ii) the person had ceased to be a member of the Ministry of Defence Police before the allegation first came to the attention of a person mentioned in paragraph (a) but the period between the person having ceased to be a member of the Ministry of Defence Police and the allegation first coming to the attention of a person mentioned in paragraph (a) does not exceed the period specified in the regulations.

(1C) Regulations made by virtue of subsection (1B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they are commenced within the period specified in the regulations, which must begin with the date when the person ceased to be a member of the Ministry of Defence Police.”

(3) In subsection (2), for “The regulations” substitute “Regulations under this section”.

3 In section 4 (representation etc at disciplinary proceedings), in subsection (4)—

(a) in the definition of “the officer concerned”, after “member” insert “or, as the case may be, the former member”;

(b) in the definition of “relevant authority”—

(i) after paragraph (a) insert—

(ii) after paragraph (b) insert—

4 In section 4A (appeals against dismissal etc), in subsection (1)(a), after “member” insert “, or former member,”.

5 Regulations made in pursuance of section 3A(1B) of the Ministry of Defence Police Act 1987 (as inserted by paragraph 2)—

(a) may not make provision in relation to a person who ceases to be a member of the Ministry of Defence Police before the coming into force of paragraph 2 of this Schedule;

(b) may make provision in relation to a person who ceases to be a member of the Ministry of Defence Police after the coming into force of paragraph 2 of this Schedule even though the alleged misconduct, inefficiency or ineffectiveness occurred at a time before the coming into force of that paragraph, but only if the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, there could be a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a member of the Ministry of Defence Police.

Railways and Transport Safety Act 2003 (c. 20)

6 The Railways and Transport Safety Act 2003 is amended as follows.

7 In section 36 (police regulations: general), after subsection (1) insert—

“(1A) To the extent that subsection (1) concerns regulations made in pursuance of section 50(3A) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to constables or other persons employed in the service of the Police Force includes former constables and other persons formerly employed in the service of the Police Force.”

8 In section 37 (police regulations: special constables), after subsection (1) insert—

“(1ZA) To the extent that subsection (1) concerns regulations made in pursuance of section 51(2B) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to special constables of the Police Force includes former special constables of the Police Force.”

9 In section 42 (police regulations by Secretary of State), in subsection (3)—

(a) after “50(3)” insert “or (3A)”;

(b) after “51(2A)” insert “or (2B)”.

10 Regulations made under section 36, 37 or 42 of the Railways and Transport Safety Act 2003 that make provision that applies regulations made in pursuance of section 50(3A) or 51(2B) of the Police Act 1996, or that deals with matters that could be dealt with by such regulations, in relation to former constables, and former special constables, of the British Transport Police Force and other persons formerly employed in the service of the British Transport Police Force—

(a) may not make provision that would not be permitted in relation to former members of a police force and former special constables by section 22(7)(a);

(b) may make provision that would be permitted in relation to former members of a police force and former special constables by section 22(7)(b).

Energy Act 2004 (c. 20)

11 The Energy Act 2004 is amended as follows.

12 In section 58 (government, administration and conditions of service of Civil Nuclear Constabulary), in subsection (1)(a), after “members” insert “or former members”.

13 (1) In Schedule 13 (directions by Secretary of State about Civil Nuclear Constabulary), paragraph 3 (government, administration and conditions of service) is amended as follows.

(2) After sub-paragraph (2) insert—

“(2A) To the extent that sub-paragraph (2) concerns provision that may be made in pursuance of section 50(3A) of the Police Act 1996, the reference in sub-paragraph (1) to members of the Constabulary includes former members.”

14 Provision made by the Civil Nuclear Police Authority that relates to former members of the Civil Nuclear Constabulary and matters which are the subject of regulations made in pursuance of section 50(3A) of the Police Act 1996—

(a) may not be provision that would not be permitted in relation to former members of a police force and former special constables by section 22(7)(a);

(b) may be provision that would be permitted in relation to former members of a police force and former special constables by 22(7)(b).”—(Mike Penning.)

This new Schedule includes amendments relating to the Ministry of Defence Police, the British Transport Police Force and the Civil Nuclear Constabulary which produce an equivalent effect to the amendments at clause 22 of the Bill.

Brought up, read the First and Second time, and added to the Bill.

New Schedule 2

Office for Police Conduct

Part 1

Amendments to Schedule 2 to the Police Reform Act 2002

Introductory

1 Schedule 2 to the Police Reform Act 2002 is amended in accordance with this Part of this Schedule (see also paragraph 54 below for further minor and consequential amendments).

Director General

2 (1) Paragraph 1 (chairman) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) The Director General holds office in accordance with the terms of his or her appointment.

(1A) A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).”

(3) In sub-paragraph (2) for “chairman of the Commission” substitute “Director General”.

(4) In sub-paragraph (3)—

(a) for “chairman of the Commission” substitute “Director General”;

(b) for “chairman” substitute “Director General”.

(5) In sub-paragraph (4)—

(a) for “chairman of the Commission” substitute “Director General”;

(b) for “chairman” substitute “Director General”.

(6) In sub-paragraph (5) for “chairman” substitute “Director General”.

Appointment etc of members

3 After paragraph 1 insert—

“Appointment of members

1A (1) The non-executive members of the Office are to be appointed by the Secretary of State.

(2) A person who is a non-executive member must not be an employee of the Office (but may have been such an employee before appointment as a non-executive member).

1B (1) The employee members of the Office are to be appointed from the staff of the Office by the non-executive members.

(2) If the non-executive members propose to appoint an employee member, the Director General must recommend a person to the non-executive members for appointment.

(3) The Director General may also recommend a person to the non-executive members for appointment as an employee member without any proposal having been made under sub-paragraph (2).

(4) On a recommendation of a person for appointment under sub-paragraph (2) or (3), the non-executive members may—

(a) appoint the person, or

(b) reject the recommendation.

(5) If the non-executive members reject a recommendation they may require the Director General to recommend another person for appointment (in which case this sub-paragraph applies again and so on until somebody is appointed).”

4 (1) Paragraph 2 (ordinary members of the Commission) is amended as follows.

(2) In sub-paragraph (1) for “an ordinary” substitute “a non-executive”.

(3) Omit sub-paragraph (2).

(4) In sub-paragraph (3) for “an ordinary” substitute “a non-executive”.

(5) In sub-paragraph (4)—

(a) for “an ordinary”, in both places, substitute “a non-executive”;

(b) for “five” substitute “three”.

(6) In sub-paragraph (5) for—

(a) for “An ordinary” substitute “A non-executive”;

(b) for “his office as a member of the Commission” substitute “from being a non-executive member of the Office”.

(7) In sub-paragraph (6)—

(a) for “an ordinary” substitute “a non-executive”;

(b) omit paragraph (b).

(8) Omit sub-paragraph (8).

5 After paragraph 2 insert—

“Terms of appointment etc: employee members

2A (1) A person holds office as an employee member in accordance with the terms of his or her appointment (subject to the provisions of this Schedule).

(2) Those terms may not include arrangements in relation to remuneration.

(3) An appointment as an employee member may be full-time or part-time.

(4) The appointment of an employee member terminates—

(a) if the terms of the member’s appointment provides for it to expire at the end of a period, at the end of that period, and

(b) in any event, when the member ceases to be an employee of the Office.

(5) An employee member may resign by giving written notice to the non-executive members.

(6) The non-executive members may terminate the appointment of an employee member by giving the member written notice if they are satisfied that any of the grounds mentioned in paragraph 2(6)(a) to (g) apply in relation to the employee member.”

6 Omit paragraph 3 (deputy chairmen) (including the italic heading before that paragraph).

7 Omit paragraph 5 (chief executive) (including the italic heading before that paragraph).

Vacancy or incapacity in office of Director General

8 After paragraph 3 insert—

“Director General: vacancy or incapacity

3A (1) This paragraph applies if—

(a) the office of Director General is vacant, or

(b) it appears to the Office that the ability of the Director General to carry out the Director General’s functions is seriously impaired because of ill health (whether mental or physical).

(2) The Office may, with the agreement of the Secretary of State, authorise an employee of the Office to carry out the functions of the Director General during the vacancy or period of ill health.

(3) A person who falls within section 9(3) may not be authorised under this paragraph to carry out the functions of the Director General.

(4) A person who has been sentenced to a term of imprisonment of three months or more may not, at any time in the five years following the day of sentence, be authorised under this paragraph to carry out the functions of the Director General.

(5) Paragraph 1(6) applies for the purposes of sub-paragraph (4).

(6) Authorisation of a person under this paragraph ceases to have effect—

(a) at the end of the vacancy or period of ill health,

(b) on the Office revoking the authorisation for any reason, or

(c) on the Secretary of State withdrawing agreement to the authorisation for any reason.”

Remuneration arrangements

9 (1) Paragraph 4 (remuneration, pensions etc of members) is amended as follows.

(2) In sub-paragraph (1), for the words from “the chairman” to the end substitute “the Director General as the Secretary of State may determine”.

(3) In sub-paragraph (2)—

(a) in paragraph (a), for “chairman, deputy chairman or member of the Commission” substitute “Director General”;

(b) in the words after paragraph (b) for “Commission” substitute “Office”.

(4) After sub-paragraph (2) insert—

(3) The Secretary of State may make remuneration arrangements in relation to non-executive members of the Office.

(4) Remuneration arrangements under sub-paragraph (3)—

(a) may make provision for a salary, allowances and other benefits but not for a pension, and

(b) may include a formula or other mechanism for adjusting one or more of those elements from time to time.

(5) Amounts payable by virtue of sub-paragraph (4) are to be paid by the Office.”

Staff

10 (1) Paragraph 6 (staff) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) The Office may appoint staff.”

(3) In sub-paragraph (2) for “Commission”, in both places, substitute “Office”.

(4) In sub-paragraph (3)—

(a) for “Commission” substitute “Office”;

(b) after “staffing” insert “(including arrangements in relation to terms and conditions and management of staff)”;

(c) for “it” substitute “the Director General”.

(5) In sub-paragraph (4)—

(a) for “Commission”, in the first place, substitute “Office”;

(b) for “Commission”, in the second place, substitute “Director General”.

(6) After sub-paragraph (4) insert—

(4A) The powers under this paragraph are exercisable only by the Director General acting on behalf of the Office (subject to the power under paragraph 6A(1)).”

(7) In sub-paragraph (5) for “by the Commission of its” substitute “of the”.

Delegation of functions

11 After paragraph 6 of Schedule 2 insert—

“Delegation of functions

6A (1) The Director General may authorise a person within sub-paragraph (2) to exercise on the Director General’s behalf a function of the Director General.

(2) The persons within this sub-paragraph are—

(a) employee members of the Office;

(b) employees of the Office appointed under paragraph 6;

(c) seconded constables within the meaning of paragraph 8.

(3) The reference in sub-paragraph (1) to a function of the Director General is to any function that the Director General has under this Act or any other enactment.

(4) A person (“A”) who is authorised under sub-paragraph (1) to exercise a function may authorise another person within sub-paragraph (2) to exercise that function (but only so far as permitted to do so by the authorisation given to A).

(5) An authorisation under this paragraph may provide for a function to which it relates to be exercisable—

(a) either to its full extent or to the extent specified in the authorisation;

(b) either generally or in cases, circumstances or areas so specified;

(c) either unconditionally or subject to conditions so specified.

(6) Provision under sub-paragraph (5) may (in particular) include provision for restricted persons not to exercise designated functions.

(7) For the purposes of sub-paragraph (6)—

(a) “designated functions” are any functions of the Director General that are designated by the Director General for the purposes of this paragraph (and such functions may in particular be designated by reference to the position or seniority of members of staff);

(b) “restricted persons” are, subject to any determination made under sub-paragraph (8), persons who fall within section 9(3).

(8) The Director General may, in such circumstances as the Director General considers appropriate, determine that persons are not to be treated as restricted persons so far as relating to the exercise of designated functions (whether generally or in respect of particular functions specified in the determination).

(9) The Director General must publish a statement of policy about how the Director General proposes to exercise the powers conferred by sub-paragraphs (7)(a) and (8).

(10) The statement must in particular draw attention to any restrictions on the carrying out of functions imposed by virtue of their designation under sub-paragraph (7)(a) and explain the reasons for imposing them.

(11) The exercise of the powers conferred by sub-paragraphs (7)(a) and (8) is subject to any regulations under section 23(1) of the kind mentioned in section 23(2)(g) (regulations limiting persons who may be appointed to carry out investigations etc).

(12) An authorisation under this paragraph does not prevent the Director General from exercising the function to which the authorisation relates.

(13) Anything done or omitted to be done by or in relation to a person authorised under this paragraph in, or in connection with, the exercise or purported exercise of the function to which the authorisation relates is to be treated for all purposes as done or omitted to be done by or in relation to the Director General.

(14) Sub-paragraph (13) does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person.”

Protection from personal liability

12 After paragraph 7 insert—

“Liability for acts of the Director General

7A (1) A person holding office as the Director General has no personal liability for an act or omission done by the person in the exercise of the Director General’s functions unless it is shown to have been done otherwise than in good faith.

(2) The Office is liable in respect of unlawful conduct of the Director General in the carrying out, or purported carrying out, of the Director General’s functions in the same way as an employer is liable in respect of any unlawful conduct of employees in the course of their employment.

(3) Accordingly, the Office is to be treated, in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.”

Regional offices

13 For paragraph 9 (power of Commission to set up regional offices) substitute—

9 (1) The Office may set up regional offices in places in England and Wales.

(2) But the power under sub-paragraph (1) is exercisable only by the Director General acting on behalf of the Office (subject to the power in paragraph 6A(1)).

(3) The power under sub-paragraph (1) may be exercised—

(a) only with the consent of the Secretary of State, and

(b) only if it appears to the Director General necessary to do so for the purpose of ensuring that the functions of the Director General, or those of the Office, are carried out efficiently and effectively.”

Proceedings

14 In paragraph 10 (proceedings), after sub-paragraph (1) insert—

(1A) But the arrangements must include provision for—

(a) the quorum for meetings to be met only if a majority of members present are non-executive members of the Office, and

(b) an audit committee of the Office to be established to perform such monitoring, reviewing and other functions as are appropriate.

(1B) The arrangements must secure that the audit committee consists only of non-executive members of the Office.”

Part 2

Minor and Consequential Amendments to the Police Reform Act 2002

15 The Police Reform Act 2002 is amended in accordance with this Part of this Schedule.

16 For the italic heading before section 9, substitute “The Office for Police Conduct”.

17 (1) Section 10 (general functions of the Commission) is amended as follows.

(2) In subsection (1)(a) omit “itself”.

(3) In subsection (1)(e) for “its” substitute “the Director General’s”.

(4) In subsection (1)(f) for “it” substitute “the Director General”.

(5) In subsection (3) for “it” substitute “the Director General”.

(6) In subsection (3A) (as inserted by this Act), for “it” substitute “the Director General”.

(7) In subsection (3B) (as inserted by this Act), for “it” substitute “the Director General”.

(8) In subsection (4), in paragraph (a)—

(a) for “it”, in both places, substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(9) In subsection (6)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(10) In subsection (7)—

(a) for “it”, in both places, substitute “the Director General”;

(b) for “its”, in both places, substitute “the Director General’s”.

18 (1) Section 11 (reports to the Secretary of State) is amended as follows.

(2) In subsection (1)—

(a) for “its”, in the first place it occurs, substitute “the Office’s”;

(b) for “Commission shall” substitute “Director General and the Office must jointly”;

(c) for “its”, in the second place it occurs, substitute “their”.

(3) For subsection (2) substitute—

(2) The Secretary of State may also require reports to be made (at any time)—

(a) by the Director General about the carrying out of the Director General’s functions,

(b) by the Office about the carrying out of the Office’s functions, or

(c) jointly by the Director General and the Office about the carrying out of their functions.”

(4) After subsection (2) insert—

(2A) The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State’s attention to matters which—

(a) have come to the Director General’s notice, and

(b) are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.”

(5) In subsection (3)—

(a) for “Commission” substitute “Office”;

(b) for “Commission’s” substitute “Office’s”.

(6) After subsection (3) insert—

(3A) The Director General and the Office may jointly make reports under subsections (2A) and (3).”

(7) In subsection (4)—

(a) for “Commission” substitute “Director General”;

(b) for “it”, in both places, substitute “the Director General”;

(c) for “its” substitute “the Director General’s”.

(8) In subsection (6) for “Commission” substitute “Office”.

(9) After subsection (6) insert—

(6A) The Director General must send a copy of every report under subsection (2A) —

(a) to any local policing body that appears to the Director General to be concerned, and

(b) to the chief officer of police of any police force that appears to the Director General to be concerned.”

(10) In subsection (7) for “Commission”, in both places, substitute “Office”.

(11) In subsection (8)—

(a) after “subsection” insert “(2A) or”;

(b) for “Commission” substitute “Director General or the Office (as the case may be)”.

(12) In subsection (9)—

(a) after “subsection” insert “(2A) or”;

(b) for “Commission” substitute “Director General or the Office (as the case may be)”.

(13) In subsection (10) for “Commission” substitute “Director General”.

(14) In subsection (11)—

(a) for “Commission”, in each place, substitute “Director General”;

(b) for “it” substitute “the Director General”;

(c) for “(3)” substitute “(2A)”.

(15) After subsection (11) insert—

(12) The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—

(a) are referred to in the report, or

(b) appear to the Office otherwise to have a particular interest in its contents, as the Office thinks fit.

(13) Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.”

19 In section 12 (complaints, matters and persons to which Part 2 applies), in subsection (6)(a) for “Commission” substitute “Director General”.

20 (1) Section 13B (power of the Commission to require re-investigation) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place (including the heading), substitute “Director General”.

(3) In subsection (1)—

(a) for “it”, in both places, substitute “the Director General”;

(b) in paragraph (b), before “under” insert “(or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General)”.

(4) In subsection (2) for “it” substitute “the Director General”.

(5) In subsection (3) for “it” substitute “the Director General”.

(6) In subsection (9)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(7) In subsection (10)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

21 (1) Section 15 (general duties of local policing bodies, chief officers and inspectors) is amended as follows.

(2) In subsection (3), in the words after paragraph (c) after “Director General” insert “of the Agency”.

(3) In subsection (4)—

(a) for “Commission”, in each place, substitute “Director General”;

(b) for “Commission’s” substitute “Office’s”.

22 (1) Section 16 (payment for assistance with investigations) is amended as follows.

(2) For “Commission”, in each place except as mentioned in sub-paragraph (3), substitute “Director General”.

(3) In subsection (4), for “the Commission”, in the second place where it occurs, substitute “Office”.

(4) In subsection (5)(b), after “Director General” insert “of that Agency”.

23 (1) Section 17 (provision of information to the Commission) is amended as follows.

(2) For “Commission”, in each place (including the heading), substitute “Director General”.

(3) In subsection (2)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

24 (1) Section 18 (inspections of police premises on behalf of the Commission) is amended as follows.

(2) For “Commission”, in each place (including the heading and provisions inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (2)(b), for “its” substitute “the Director General’s”.

25 (1) Section 19 (use of investigatory powers by or on behalf of the Commission) is amended as follows.

(2) In the heading, for “Commission” substitute “Director General”.

(3) In subsection (1), for “Commission’s” substitute “Director General’s”.

26 (1) Section 20 (duty to keep complainant informed) is amended as follows.

(2) For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (1)(b) for “its” substitute “the Director General’s”.

(4) In subsection (3) for “it”, where it occurs after “as”, substitute “the Director General”.

(5) In subsection (8A) (as inserted by this Act)—

(a) for “its” substitute “their”;

(b) after “submitted”, in the first place it occurs, insert “(or finalised)”;

(c) after “submitted”, in the second place it occurs, insert “(or completed)”.

(6) In subsection (9) for “its” substitute “their”.

27 (1) Section 21 (duty to provide information for other persons) is amended as follows.

(2) For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (6)(b) for “its” substitute “the Director General’s”.

(4) In subsection (8) for “it”, where it occurs after “as”, substitute “the Director General”.

(5) In subsection (11A) (as inserted by this Act)—

(a) for “its” substitute “their”;

(b) after “submitted”, in the first place it occurs, insert “(or finalised)”;

(c) after “submitted”, in the second place it occurs, insert “(or completed)”.

28 In section 21A (restriction on disclosure of sensitive information) (as inserted by this Act), for “Commission”, in each place, substitute “Director General”.

29 In section 21B (provision of sensitive information to the Commission and certain investigators) (as inserted by this Act), for “Commission”, in each place (including the heading), substitute “Director General”.

30 (1) Section 22 (power of the Commission to issue guidance) is amended as follows.

(2) For “Commission”, in each place (including the heading), substitute “Director General”.

(3) In subsection (3)(c) for “it” substitute “the Director General”.

31 (1) Section 23 (regulations) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (2)(o) for “it” substitute “the Director General or the Office”.

32 In section 24 (consultation on regulations) for paragraph (a) substitute—

“(a) the Office;

(aa) the Director General;”.

33 In section 26 (forces maintained otherwise than by local policing bodies), for “Commission”, in each place, substitute “Director General”.

34 In section 26BA (College of Policing), for “Commission”, in both places, substitute “Director General”.

35 (1) Section 26C (the National Crime Agency) is amended as follows.

(2) In subsection (1)—

(a) for “Independent Police Complaints Commission” substitute “Director General”;

(b) before “and other” insert “of the National Crime Agency”.

(3) In subsection (2) for “Independent Police Complaints Commission” substitute “the Office or its Director General”.

(4) In subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.

(5) In subsection (5)—

(a) for “Independent Police Complaints Commission” substitute “Director General”;

(b) for “Commission’s”, in both places, substitute “Director General’s”;

(c) for “Commission” substitute “Director General”.

36 (1) Section 26D (labour abuse prevention officers) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (4), for “Commission’s”, in both places, substitute “Director General’s”.

37 (1) Section 27 (conduct of the Commission’s staff) is amended as follows.

(2) For “Commission’s”, in each place (including the heading), substitute “Office’s”.

(3) In subsection (4) for “Commission” substitute “Office and the Director General”.

38 Omit section 28 (transitional arrangements in connection with establishing Commission etc).

39 (1) Section 28A (application of Part 2 to old cases) is amended as follows.

(2) For “Commission”, in each place other than in subsection (3) of that section, substitute “Director General”.

(3) In subsection (1), for “it” substitute “the Director General”.

(4) In subsection (4), for “it” substitute “the Director General”.

40 (1) Section 29 (interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(a) omit the definition of “the Commission”;

(b) after the definition of “death or serious injury matter” insert—

““the Director General” means (unless otherwise specified) the Director General of the Office;”;

(c) after the definition of “local resolution” insert—

““the Office” means the Office for Police Conduct;”.

(3) In subsection (6)—

(a) for “Commission” in each place substitute “Director General”;

(b) omit “itself”.

41 In section 29C (regulations about super-complaints) (as inserted by this Act), in subsection (3) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.

42 (1) Section 29E (power to investigate concerns raised by whistle-blowers) (as inserted by this Act) is amended as follows

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (2) for “it” substitute “the Director General”.

43 (1) Section 29F (Commission’s powers and duties where it decides not to investigate) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In the heading—

(a) for “Commission’s” substitute “Director General’s”;

(b) for “where it decides” substitute “on decision”.

44 (1) Section 29G (special provision for “conduct matters”) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (2)—

(a) or “it”, in both places, substitute “the Director General”;

(b) for “its” substitute “the”.

45 (1) Section 29H (Commission’s powers and duties where whistle-blower is deceased) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In the heading for “Commission’s” substitute “Director General’s”.

(4) In subsection (1) for “it” substitute “the Director General”.

46 In section 29HA (duty to keep whistle-blowers informed) (as inserted by this Act), in subsection (1)—

(a) for “Commission” substitute “Director General”;

(b) for “it” substitute “the Director General”.

47 In section 29I (protection of anonymity of whistle-blowers) (as inserted by this Act) for “Commission”, in both places, substitute “Director General”.

48 In section 29J (other restrictions on disclosure of information) (as inserted by this Act), for “Commission”, in both places, substitute “Director General”.

49 In section 29K (application of provisions of Part 2) (as inserted by this Act), for “Commission”, in each place, substitute “Director General”.

50 In section 29L (regulation-making powers: consultation) (as inserted by this Act), for “Commission” substitute “Director General”.

51 In section 29M (interpretation) (as inserted by this Act), in subsection (1)—

(a) omit the definition of “the Commission”;

(b) after the definition of “conduct” insert—

““the Director General” means the Director General of the Office for Police Conduct;”.

52 In section 36 (conduct of disciplinary proceedings), in subsection (1)(a) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

53 In section 105 (powers of Secretary of State to make orders and regulations), in subsection (5) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

54 (1) Schedule 2 (the Independent Police Complaints Commission) is amended as follows.

(2) For the italic heading before paragraph 1 substitute “Director General”.

(3) For the italic heading before paragraph 2 substitute “Terms of appointment etc: non-executive members”.

(4) In paragraph 7—

(a) for “Commission”, in each place, substitute “Office”;

(b) for “chairman or as a deputy chairman of the Commission” substitute “Director General”;

(c) omit “or as a member of it”.

(5) In paragraph 8—

(a) for “Commission”, in both places, substitute “Office”;

(b) for “Commission’s”, in both places, substitute “Office’s”.

(6) In the heading before paragraph 9 omit “of Commission”.

(7) In paragraph 10—

(a) for “Commission”, in each place, substitute “Office”;

(b) for “Commission’s”, in each place, substitute “Office’s”;

(c) in sub-paragraph (5)(c) omit “by the chief executive or”.

(8) In paragraph 11—

(a) for “Commission”, in each place, substitute “Office”;

(b) in paragraph (a) for “chairman, a deputy chairman” substitute “Director General”;

(c) in paragraph (b) for “chairman” substitute “Director General”.

(9) In the italic heading before paragraph 12, for “Commission’s” substitute “Office’s”.

(10) In paragraph 12—

(a) in the words before paragraph (a), for “Commission” substitute “Office”;

(b) in paragraph (a) for “Commission” substitute “Office”;

(c) in paragraph (b) for “Commission” substitute “Director General”.

(11) In paragraph 13 for “Commission” substitute “Office”.

(12) In paragraph 14—

(a) for “Commission” substitute “Office”;

(b) in paragraph (a), after “it” insert “or the Director General”;

(c) in paragraph (b)—

(i) after “it”, in both places, insert “or the Director General”;

(ii) for “its” substitute “their”.

(13) In the italic heading before paragraph 15, for “Commission” substitute “Office”.

(14) In paragraph 15 for “Commission” substitute “Office”.

(15) In paragraph 16 for “Commission” substitute “Office”.

(16) In paragraph 17 for “Commission”, in each place, substitute “Office”.

(17) In the italic heading before paragraph 18, for “Commission” substitute “Office”.

(18) In paragraph 18 for “Commission”, in both places, substitute “Office”.

55 (1) Schedule 3 is amended as follows.

(2) For “Commission”, in each place where it occurs, substitute “Director General”.

(3) For “Commission’s”, in each place where it occurs, substitute “Director General’s”.

(4) For “it”, in each place where it occurs and is used as a pronoun in place of “the Commission”, substitute “the Director General”.

(5) For “its”, in each place where it occurs and is used to mean “the Commission’s”, substitute “the Director General’s”.

(6) The amendments made by virtue of sub-paragraphs (2) to (5)—

(a) include amendments of provisions of Schedule 3 that are inserted, or otherwise amended, by other provisions of this Act (whether or not those other provisions come into force before or after the coming into force of this paragraph);

(b) do not apply if otherwise provided by another provision of this paragraph.

(7) In paragraph 19 (investigations by the Commission itself)—

(a) in the heading omit “itself”;

(b) in sub-paragraph (1) omit “itself”;

(c) for sub-paragraph (2) substitute—

(2) The Director General must designate both—

(a) a person to take charge of the investigation, and

(b) such members of the Office’s staff as are required by the Director General to assist the person designated to take charge of the investigation.

(2A) The person designated under sub-paragraph (2) to take charge of an investigation must be—

(a) the Director General acting personally, or

(b) another member of the Office’s staff who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 (delegation of Director General’s functions).”;

(d) in sub-paragraph (4) for “member of the Commission’s staff” substitute “person”;

(e) in sub-paragraph (5) for “member of the Commission’s staff” substitute “person designated under sub-paragraph (2)”;

(f) in sub-paragraph (6) for “members of the Commission’s staff” substitute “persons”;

(g) in sub-paragraph (6A) for “member of the Commission’s staff” substitute “person designated under sub-paragraph (2) who is”.

(8) In paragraph 19ZH (further provision about things retained under paragraph 19ZG) (as inserted by this Act)—

(a) in sub-paragraph (2) for “Commission’s” substitute “Office’s”;

(b) in sub-paragraph (4)(a) for “Commission’s” substitute “Office’s”.

(9) In paragraph 19A (as substituted by this Act), in sub-paragraph (2)(b) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”.

(10) In paragraph 19F (interview of persons serving with police etc during certain investigations), in sub-paragraph (1)(b) for “the Commission itself” substitute “a person designated under paragraph 19 (investigations by Director General)”.

(11) In paragraph 20 (restrictions on proceedings pending conclusion of investigation), in sub-paragraph (1)(b) at the end insert “or, where under paragraph 19 the Director General has personally carried out the investigation, a report has been completed by the Director General”.

(12) In paragraph 20A (as substituted by this Act)—

(a) in sub-paragraph (1)(a) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”;

(b) in sub-paragraph (3) after “and” insert “(where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally)”;

(c) in sub-paragraph (4)(b) after “investigation” insert “or, where the investigation is carried out under paragraph 19 by the Director General personally, finalise one,”.

(13) In paragraph 21A (procedure where conduct matter is revealed during investigation of DSI matter)—

(a) in sub-paragraph (1), omit “or designated under paragraph 19”;

(b) after sub-paragraph (2A) (as inserted by this Act), insert—

(2B) If during the course of an investigation of a DSI matter being carried out by a person designated under paragraph 19 the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General must proceed under sub-paragraph (2C).

(2C) The Director General must—

(a) prepare a record of the determination,

(b) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination, and

(c) send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).”;

(c) in sub-paragraph (5), after paragraph (a) insert—

(aa) is notified of a determination by the Director General under sub-paragraph (2C),”.

(14) In paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—

(a) for sub-paragraph (5) substitute—

(5) A person designated under paragraph 19 as the person in charge of an investigation must—

(a) submit a report on the investigation to the Director General, or

(b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.”;

(b) in sub-paragraph (6) after “submitting” insert “or, in the case of an investigation under paragraph 19 by the Director General personally, completing”;

(c) in sub-paragraph (8) after “submitted” insert “or, in the case of an investigation under paragraph 19 by the Director General personally, completed”.

(15) In the italic heading before paragraph 23 (action by the Commission in response to investigation reports), for “response” substitute “relation”.

(16) In paragraph 23—

(a) in sub-paragraph (1)(b) before “under” insert “, or is otherwise completed,”;

(b) in sub-paragraph (1A) (as inserted by this Act), after “submission” insert “or completion”;

(c) in each of the following places, after “receipt of the report” insert “(or on its completion by the Director General)”—

(i) sub-paragraph (2);

(ii) sub-paragraph (5A) (as inserted by this Act);

(iii) sub-paragraph (5F) (as inserted by this Act).

(17) In paragraph 24A (final reports on investigations: other DSI matters)—

(a) after sub-paragraph (2) insert—

(2A) Sub-paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under paragraph 19, but the Director General must complete a report on the investigation.”;

(b) in sub-paragraph (3) for “this paragraph” substitute “sub-paragraph (2) or completing one under sub-paragraph (2A)”;

(c) in sub-paragraph (4) after “receipt of the report” insert “(or on its completion by the Director General)”;

(d) in sub-paragraph (5) (as inserted by this Act) after “receipt of the report” insert “(or on its completion by the Director General)”.

(18) In the italic heading before paragraph 24B (action by the Commission in response to an investigation report under paragraph 24A), for “response” substitute “relation”.

(19) In paragraph 28A (recommendations by the Commission)—

(a) in sub-paragraph (1)—

(i) after “received a report” insert “(or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally)”;

(ii) in paragraph (b) for “Commission itself” substitute “or on behalf of the Director General”;

(iii) in paragraph (c) after “24A(2)” insert “or (2A)”;

(b) in sub-paragraph (4)(a) after “receipt” insert “or completion”.

(20) In paragraph 28B (response to recommendation), in sub-paragraph (12) (as inserted by this Act) after “received a report on” insert “(or otherwise completed one on in relation to an investigation carried out under paragraph 19 by the Director General personally)”.

56 (1) Schedule 3 is further amended as follows (but these amendments apply only if this Schedule comes into force before the coming into force of Schedule 4 to this Act).

(2) In paragraph 19B (assessment of seriousness of conduct under investigation), in sub-paragraph (1) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”.

(3) In paragraph 20A (accelerated procedure in special cases)—

(a) in sub-paragraph (1)—

(i) for “his” substitute “an”;

(ii) after “conduct matter” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”;

(iii) for “he” substitute “the person investigating”.

(b) in sub-paragraph (3) for “his belief” substitute “the belief referred to in sub-paragraph (1)”.

(4) In paragraph 23 (action by the Commission in response to an investigation report), in sub-paragraph (6) after “receipt of the report” insert “(or on its completion by the Director General)”.

57 (1) Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In paragraph 1(1) omit “itself”.

(4) In paragraph 4(2)—

(a) for “it”, where it occurs in the first place, substitute “the Director General”;

(b) for “its” substitute “the”.

Part 3

Other Minor and consequential amendments

Superannuation Act 1972 (c. 11)

58 In Schedule 1 to the Superannuation Act 1972—

(a) in the list of entries under the heading “Royal Commissions and other Commissions”, omit the entry relating to the Independent Police Complaints Commission;

(b) in the list of entries under the heading “Other Bodies”, insert at the appropriate place—

“The Office for Police Conduct.”;

(c) in the list of entries under the heading “Offices”, omit the entries relating to—

(i) the Chairman of the Independent Police Complaints Commission;

(ii) the Commissioners of the Independent Police Complaints Commission;

(iii) the Deputy Chairman of the Independent Police Complaints Commission.

House of Commons Disqualification Act 1975 (c. 24)

59 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

60 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct.”.

Police Pensions Act 1976 (c. 35)

61 In section 11 of the Police Pensions Act 1976 (interpretation), in subsection (2A)(ba) for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.

Ministry of Defence Police Act 1987 (c. 4)

62 In section 4 of the Ministry of Defence Police Act 1987 (representation etc at disciplinary proceedings), in subsection (5)(a) for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.

Aviation, Maritime and Security Act 1990 (c. 31)

63 In section 22 of the Aviation, Maritime and Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)(i) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Police Act 1996 (c. 16)

64 (1) The Police Act 1996 is amended as follows.

(2) In the following provisions, for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”—

(a) section 50(3A)(a) (regulation of police forces) (as inserted by this Act);

(b) section 51(2B)(a) (regulations for special constables) (as inserted by this Act);

(c) section 87(1) (guidance concerning disciplinary proceedings etc) (as amended by this Act).

(3) In the following provisions, for “Independent Police Complaints Commission” substitute “Office for Police Conduct”—

(a) section 84(5) (representation etc at disciplinary and other proceedings);

(b) section 88C(5)(d) (effect of inclusion in police barred list) (as inserted by this Act);

(c) section 88K(3)(d) (effect of inclusion in police advisory list) (as inserted by this Act).

(4) In section 54(2D) (appointment and functions of inspectors of constabulary)—

(a) in paragraph (a)—

(i) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;

(ii) for “that Commission” substitute “the Director General”;

(b) in paragraph (b)—

(i) for “that Commission”, in both places, substitute “the Director General”;

(ii) for “its” substitute “his or her”.

Freedom of Information Act 2000 (c. 36)

65 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct”.

Fire and Rescue Services Act 2004 (c. 21)

66 In section 4I of the Fire and Rescue Services Act 2004 (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

67 (1) The Commissions for Revenue and Customs Act 2005 is amended as follows.

(2) In section 18 (confidentiality), in subsection (2)(g)—

(a) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;

(b) for “its” substitute “the Director General’s”.

(3) In section 28 (complaints and misconduct: England and Wales)—

(a) in subsection (1), for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;

(b) in subsection (2)—

(i) for “Independent Police Complaints Commission”, in both places, substitute “Director General”;

(ii) for “its” substitute “the Director General’s”;

(c) in subsection (3) for “Independent Police Complaints Commission” substitute “Director General”;

(d) in subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.

(4) In section 29 (confidentiality etc), in subsection (3)—

(a) in the words before paragraph (a), for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;

(b) for “its” substitute “the Director General’s”;

(c) in paragraph (a), for “Commission” substitute “Director General”;

(d) in paragraph (b), for “Commission” substitute Director General”.

Police and Justice Act 2006 (c. 48)

68 (1) In section 41 of the Police and Justice Act 2006 (immigration and asylum enforcement functions and customs functions: complaints and misconduct)—

(a) in subsection (1) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;

(b) in subsection (2A) for “Independent Police Complaints Commission” substitute “Director General”;

(c) in subsection (3) for “Independent Police Complaints Commission” substitute “Director General”;

(d) in subsection (4)(b), for “Independent Police Complaints Commission” substitute “Director General”;

(e) in subsection (5) for “Independent Police Complaints Commission” substitute “Director General”;

(f) in subsection (6) for “Independent Police Complaints Commission”, in both places, substitute “Director General.

(2) In the heading before that section for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

69 In section 107EE of the Local Democracy, Economic Development and Construction Act 2009 (section 107EA orders: complaints and conduct matters etc) (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Coroners and Justice Act 2009 (c. 25)

70 In section 47 of the Coroners and Justice Act 2009 (meaning of “interested person”)—

(a) in subsection (2)(k) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;

(b) in subsection (5) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Equality Act 2010 (c. 15)

71 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Police” omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct”.

Police Reform and Social Responsibility Act 2011 (c. 13)

72 (1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(2) In section 65 (disqualification from election or holding office as police and crime commissioner: police grounds), for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.

(3) In Schedule 7 (regulations about complaints and conduct matters), for “Independent Police Complaints Commission”, in each place, substitute “Director General of the Office for Police Conduct.”—(Mike Penning.)

This new Schedule contains amendments to the Police Reform Act 2002 and other enactments in connection with the re-naming of the Independent Police Complaints Commission as the Office for Police Conduct and the creation of the new position of Director General.

Brought up, read the First and Second time, and added to the Bill.

Clauses 108 and 109 ordered to stand part of the Bill.

Clause 110

Extent

Amendments made: 149, in clause 110, page 109, line 23, leave out “paragraph” and insert “paragraphs 15E and”.

This amendment and amendment 150 provide for the consequential amendment to the Freedom of Information Act 2000 in amendment 108 to extend to the whole of the United Kingdom, reflecting the geographical extent of that Act.

Amendment 150, in clause 110, page 109, line 23, leave out “that paragraph” and insert “those paragraphs”.

See the explanatory statement for amendment 149.

Amendment 216, in clause 110, page 109, line 24, at end insert—

“() section (Combined authority mayors: exercise of fire and rescue functions)(11);”.

This amendment provides for the amendment to Schedule 1 to the Public Service Pensions Act 2013 in NC22 to extend to the whole of the United Kingdom, reflecting the geographical extent of that provision.

Amendment 154, in clause 110, page 109, line 28, at end insert—

“( ) section 22(8), so far as relating to paragraphs 1 to 5 of Schedule (Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary), and those paragraphs;”.

This amendment is consequential on NS1.

Amendment 217, in clause 110, page 109, line 28, at end insert—

“( ) section (References to England and Wales in connection with IPCC functions)(2) and (3);”.

This amendment is consequential on NC23.

Amendment 218, in clause 110, page 109, line 39, after “sections” insert “62(2) to (5),”.

This amendment, together with amendment 219, provides expressly for the procedure relating to the exercise of the regulation-making power in clause 62(3)(f) to form part of the law of the United Kingdom. The regulation-making power may be used to add to the list of persons who are law enforcement officers for the purposes of Chapter 4 of Part 4 and who may therefore exercise the maritime enforcement powers in hot pursuit by virtue of clause 64 (which also extends to the United Kingdom).

Amendment 219, in clause 110, page 109, line 39, leave out from “73” to end of line 40.

Please see the explanatory statement to amendment 218.

Amendment 220, in clause 110, page 109, line 40, at end insert—

“( ) sections (Application of maritime enforcement powers in connection with Scottish offences: general)(2) to (7), (Exercise of maritime enforcement powers in hot pursuit in connection with Scottish offences) to (Maritime enforcement powers in connection with Scottish offences: other supplementary provision) and (Maritime enforcement powers in connection with Scottish offences: interpretation);”.

This amendment, together with amendment 224, set out the extent of NC29 to NC39.

Amendment 151, in clause 110, page 110, line 3, leave out “and 13” and insert “, 12E to 12G, 12L, 12N, 12AE, 12AH, 12AL to 12AS, 14A to 14D, 15D and 17C”.

This amendment provides for certain of the consequential amendments in amendments 106 to 109 to extend to England and Wales and Scotland, reflecting the geographical extent of the Acts they amend.

Amendment 221, in clause 110, page 110, line 5, at end insert—

“() section (Combined authority mayors: exercise of fire and rescue functions)(5) and (8);”.

This amendment provides for the amendments to section 26 of the Fire Services Act 1947 and section 34 of the Fire and Rescue Services Act 2004 in NC22 to extend to Great Britain, reflecting the geographical extent of those provisions.

Amendment 152, in clause 110, page 110, line 7, leave out “and 104” and insert “, 104 and 114”.

This amendment provides for the consequential amendment to the Equality Act 2010 in paragraph 114 of Schedule 2 to extend to England and Wales and Scotland, reflecting the geographical extent of that Act.

Amendment 153, in clause 110, page 110, line 7, at end insert—

“( ) section22(8), so far as relating to paragraphs 6 to 14 of Schedule (Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary), and those paragraphs;”.

This amendment is consequential on the new Schedule NS1.

Amendment 222, in clause 110, page 110, line 7, at end insert—

“() section (Office for Police Conduct)(9), so far as relating to paragraphs 61 and 71 of Schedule (Office for Police Conduct), and those paragraphs;”.

This amendment provides for specified amendments in Part 3 of NS2 to have the same extent as the provisions amended.

Amendment 223, in clause 110, page 110, line 15, at end insert—

‘( ) Section (Office for Police Conduct)(9), so far as relating to paragraphs 58, 59, 60, 62, 63, 65, 67 and 68 of Schedule (Office for Police Conduct), and those paragraphs, extend to England and Wales, Scotland and Northern Ireland.”.

This amendment provides for specified amendments in Part 3 of NS2 to have the same extent as the provisions amended.

Amendment 226, in clause 110, page 110, line 17, after “paragraphs,” insert

“and sections (Offence of breach of pre-charge bail conditions relating to travel) and (Offence of breach of pre-charge bail conditions relating to travel: interpretation)”.

This amendment provides for NC41 and NC42 to extend to England and Wales and Northern Ireland.

Amendment 224, in clause 110, page 110, line 19, leave out “extends” and insert

“and (Application of maritime enforcement powers in connection with Scottish offences: general)(1) and (8), (Restriction on exercise of maritime enforcement powers in connection with Scottish offences) and (Maritime enforcement powers in connection with Scottish offences: obstruction etc) extend”.—(Mike Penning.)

Please see the explanatory statement for amendment 220.

Clause 110, as amended, ordered to stand part of the Bill.

Clause 111

Commencement

Amendment made: 225, in clause 111, page 110, line 41, at end insert—

‘( ) Before making regulations appointing a day for the coming into force of any provision of sections (Application of maritime enforcement powers in connection with Scottish offences: general) to (Maritime enforcement powers in connection with Scottish offences: interpretation) the Secretary of State must consult the Scottish Ministers.”. —(Mike Penning.)

This amendment provides that the Secretary of State must consult the Scottish Ministers before bringing NC29 to NC39 into force.

Clause 111, as amended, ordered to stand part of the Bill.

Clause 112 ordered to stand part of the Bill.

Oral Answers to Questions

Karen Bradley Excerpts
Monday 11th April 2016

(8 years, 1 month ago)

Commons Chamber
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Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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10. What recent assessment she has made of the risks of trafficking or exploitation to unaccompanied child migrants in France who intend to seek asylum in the UK; and if she will make a statement.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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The French and UK Governments have put in place a programme, run by the non-governmental organisation France terre d’asile, to identify and help potential victims of trafficking in the camps around Calais. As has been said in previous answers, unaccompanied refugee children in France should claim asylum there. That is the best way to ensure that they receive the protection and support they need. It also provides a legal and safe route to the UK for those with close family in the UK.

Fiona Mactaggart Portrait Fiona Mactaggart
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But as we know from the earlier questions to which the Minister referred, there are 129 missing children, who are obviously those most at risk of such exploitation. I had a very welcome letter recently from her colleague, the Immigration Minister, about the situation of children in the camps. He said that these cases are being given priority so that the children can

“receive the protection and support they need and are reunited as soon as possible with any close family members in the UK.”

How many have been reunited?

Karen Bradley Portrait Karen Bradley
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The right hon. Lady knows that we are not giving a running commentary on numbers, but I can assure her that the work is taking place and that any unaccompanied asylum-seeking child in France should claim asylum there with the support of the NGOs, and if they have family in the UK, we will reunite them.

Fiona Bruce Portrait Fiona Bruce (Congleton) (Con)
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In view of the clear link between trafficking and forced prostitution, and following the French Government’s change last week to their prostitution laws, criminalising sex buyers but not the vulnerable women involved, and similar changes in Sweden and Norway years ago which reduced trafficking substantially, do Ministers agree that that should be considered in this country?

Karen Bradley Portrait Karen Bradley
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I know that my hon. Friend takes a keen interest in this issue and we have discussed the point outside the Chamber. I am aware also of the Home Affairs Committee’s current inquiry into the matter, and I look forward to seeing the evidence.

Stephen McPartland Portrait Stephen McPartland (Stevenage) (Con)
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12. What steps the Government are taking to tackle (a) criminal gangs and (b) paedophiles operating online.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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This Government have committed to spending £1.9 billion on cyber-security over the next five years, including for tackling cybercrime. Our response to online child sexual exploitation includes law enforcement agencies taking action against online offenders, finding and safeguarding victims, and working with the internet industry to remove illegal images.

Stephen McPartland Portrait Stephen McPartland
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We await the new child sexual exploitation response unit, which will be established any day now. Can the Minister assure the House that the new unit will result in a step change, not just bringing abusers to justice, but working with parents, communities and schools to provide children with the skills, understanding and confidence to keep themselves safe online?

Karen Bradley Portrait Karen Bradley
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I thank my hon. Friend for his support for the response unit, which will deliver significant benefits by assisting local areas experiencing particular issues and/or high volumes of child sexual exploitation cases, by offering a range of support, including advice from expert practitioners who have first-hand experience of tackling child sexual exploitation.

Ann Coffey Portrait Ann Coffey (Stockport) (Lab)
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Going missing can be an indicator that a child or young person is being exploited by organised gangs to traffic drugs across county lines. What more can be done to ensure that police forces work together and share information on missing children in order to combat the criminal exploitation of young people?

Karen Bradley Portrait Karen Bradley
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The hon. Lady, who has incredible expertise in this area, is absolutely right; we need police forces to take this seriously and recognise that a missing child is a child who is being exploited while they are missing. There is therefore a fantastic opportunity for intelligence gathering and safeguarding those children to stop them going missing in future.

Keir Starmer Portrait Keir Starmer (Holborn and St Pancras) (Lab)
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One of the proposed measures for tackling criminal gangs and paedophiles online is the Investigatory Powers Bill, which will start its line-by-line scrutiny tomorrow. One of the main concerns that we have outlined about the Bill as currently drafted is the proposed test that judges would undertake when considering applications for warrants to use the most intrusive powers, specifically the reference to judicial review. Lord Judge, the former Lord Chief Justice and current Chief Surveillance Commissioner, told the Bill Committee in oral evidence just before Easter that judicial review was “not a sufficient test” to apply and that the Government should look at this again. Given that someone of his seniority who is held in such respect feels that the test is not good enough, will the Government reconsider the Bill’s wording in relation to judicial review?

Karen Bradley Portrait Karen Bradley
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The hon. and learned Gentleman has great expertise in this area, but I am not sure that I necessarily agree with his comments. There is a double lock, and it is about necessity and proportionality, but he is right to make the point that the Bill is incredibly important when it comes to protecting children, as the National Society for the Prevention of Cruelty to Children pointed out in oral evidence to the Committee considering the Policing and Crime Bill.

James Berry Portrait James Berry (Kingston and Surbiton) (Con)
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13. What steps the Government have taken to tackle violence against women and girls.

--- Later in debate ---
Alex Cunningham Portrait Alex Cunningham (Stockton North) (Lab)
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15. What assessment she has made of recent trends in the level of the most serious and violent crimes.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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Violent crime is 25% lower than it was in June 2010, according to the independent crime survey for England and Wales. Our new modern crime prevention strategy includes actions to tackle a range of crimes, including violent and knife crime.

Alex Cunningham Portrait Alex Cunningham
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Noureden Mallaky-Soodmand is a convicted violent Iranian criminal who was transferred to my constituency upon release from prison because the paperwork needed to deport him could not be sorted out. He is now back in prison after brandishing a cleaver and threatening to decapitate people in Stockton. Can the Minister tell me when I will get full answers to my parliamentary questions on which authorities in Stockton, if any, were told about this dangerous man in our area?

Karen Bradley Portrait Karen Bradley
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The hon. Gentleman will know that I cannot comment on the specifics of the case. If he will forgive me, I will write to him.

Steve Reed Portrait Mr Steve Reed (Croydon North) (Lab)
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T1. If she will make a statement on her departmental responsibilities.

Breast Ironing

Karen Bradley Excerpts
Tuesday 22nd March 2016

(8 years, 2 months ago)

Commons Chamber
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Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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I congratulate my hon. Friend the Member for Rossendale and Darwen (Jake Berry) on securing a debate about an important issue on which he has previously been campaigning. He should be assured that the fact that the subject is on the Order Paper has really made people sit up and listen today. I had to explain to a number of colleagues what this evening’s Adjournment debate was about, and the utter horror on each and every face when they understood is testimony to the importance of the debate and the fact that my hon. Friend has secured it.

One of my hon. Friend’s final points related to men raising these matters. These are not just women’s issues. This is violence against women and girls—some of it is perpetrated by men and some by women—but we need men to speak out and make it clear that these practices are unacceptable. The excuse given for FGM, breast ironing and other so-called honour-based violence is that men require it, and that it has to happen to women so that men will accept them. That is simply not true, and men need to speak out and make it clear that that is not the case. I congratulate my hon. Friend and the other men who have spoken in the debate, as well as the women who have contributed. It is important that we all speak on this matter.

I want to make it absolutely clear that breast ironing is not just an abhorrent practice; it is illegal. It is child abuse, and no political or cultural sensitivities should ever be used as an excuse for us to stop tackling it. As my hon. Friend has noted, there are parallels between breast ironing and other harmful practices such as FGM. One such parallel is the fact that these practices are often hidden crimes, which makes it difficult for us to estimate their prevalence. We want to find the victims of these crimes and we want to stop the crimes happening, but we will be able to do that only if people and communities are brave enough to speak out and say that the practice is unacceptable. It is also the responsibility of the police proactively to look for these crimes and to devise and implement measures to increase the confidence of victims to report them and to give evidence.

Philippa Whitford Portrait Dr Whitford
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As this practice is predominantly carried out during puberty when the girls are at school, should we not be educating them about it within the school system in the United Kingdom? Would that not encourage them to come forward?

Karen Bradley Portrait Karen Bradley
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The hon. Lady is absolutely right. I work closely with Ministers in the Department for Education to ensure that guidance material is available to enable schools to teach people about this. I will say more about that shortly. However, I know that certain professionals might feel reticent about the subject. They might feel that cultural sensitivities are involved or that there are political reasons why they should not go there. That is simply not the case, however, and we need to give those professionals the confidence to know that this is something they should be looking for, to know what the signs are and to take action. That is what we all need to do.

Kit Malthouse Portrait Kit Malthouse
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I completely agree with the Minister. I wonder whether her Department, or indeed the police, might look at the French experience, which has involved a significant number of prosecutions and convictions, particularly for FGM but also for other harmful cultural practices. My hon. Friend the Member for Rossendale and Darwen (Jake Berry) made the point that one of the difficulties that the police sometimes face from a cultural point of view is that the perpetrator is often a family member. So we may well be prosecuting granny and putting her in prison, but even that is no excuse, and we need to lock some of these people up, if only to send a signal.

Karen Bradley Portrait Karen Bradley
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Let me address the point about convictions. My hon. Friend makes the point that France and other countries have had successful prosecutions resulting in convictions, but we have to accept that there are different legal systems involved. It is also worth making the point that although FGM was first made a crime in 1985, the Crown Prosecution Service did not receive a single referral of a case that it might have been able to take to prosecution before 2010. That is why the organisations and community groups that work on this are very important, and we have to work with them at a community level. What my hon. Friend says is true: victims of FGM might have to give evidence in court against a family member.

We are sometimes asked why we cannot just go ahead and get a conviction, if we know that a crime has happened. Well, there are plenty of unsolved murders. There might be a body, and we might know that someone has been murdered, but we cannot necessarily get the evidence we need. This is about equipping the police, law enforcement agencies and other professionals with the tools that they need to gather the necessary evidence, information and intelligence. Like my hon. Friend, I want to see a conviction for this. We have had a successful conviction for forced marriage, and I want to see a conviction for FGM, but we all have to acknowledge and respect the difficulties involved in getting such a conviction.

It is important to remember that a conviction is in many ways a failure—a crime has happened. The more that we can do to prevent the crime from happening in the first place and to make it clear that the practice is illegal and therefore should not happen, the better the result will be. Where this crime does occur, we want to ensure that the law enforcement response is as robust as possible.

I want to discuss with my hon. Friend his thoughts about legislation, but let me be clear that breast ironing is against the law today. Although there are no specific offences, the police have a range of other offences at their disposal to deal with any cases that they encounter, including common assault, actual bodily harm or grievous bodily harm, child cruelty and causing or allowing a child to suffer serious physical harm. The Crown Prosecution Service takes seriously the effective prosecution of all forms of honour-based violence. In 2014-15, 225 defendants were prosecuted in cases flagged as having an honour-based violence component, a rise from 206 in the previous year, with 129 convictions—the highest ever recorded. However, it is true that we want more convictions. This debate can send a message to law enforcement and the CPS that we want the offence to get more attention.

In December, Her Majesty’s inspectorate of constabulary published its review of the police response to honour-based violence. The review found some areas of good practice, but also raised serious concerns about the police’s handling of such issues. I stress again that honour-based violence is a crime. The so-called honour-based context—there is no honour in any of these crimes—does not prevent it from being a crime. HMIC’s report showed that the police were not bringing to bear some offences, such as domestic abuse or child abuse. We are working closely with HMIC, considering the report’s findings, and working with police forces, the national policing lead and the College of Policing to ensure that we get the right guidance. That means further work and training to help to increase the understanding of crimes such as breast ironing.

On mandatory reporting, my hon. Friend talked about the measures that we introduced in the Serious Crime Act 2015 regarding FGM, which we know are working. I had an email from my county council in Staffordshire only today saying that an FGM protection order had been put on a baby. It is absolutely fantastic that the orders are being used in practice and preventing this dreadful crime from taking place. We placed a mandatory reporting duty on professionals who are aware of FGM cases involving girls aged under 18. We are also committed to consulting on a mandatory reporting duty for all child abuse, and that consultation will start shortly. The consultation is broad and wide ranging. We are looking at various measures, including a mandatory duty to report all forms of child abuse. We will consider all responses, and I encourage anybody who is listening to this debate to make sure that they feed into that consultation.

Before I wrap up, let me mention the work that we are doing internationally. We know that cases of breast ironing have been documented in Cameroon and other parts of Africa. In Cameroon, the British High Commission has been working closely with the Minister of Women’s Empowerment and the Family in co-ordination with local religious leaders on campaigns to raise awareness and to support a community-led change to end breast ironing.

My hon. Friend will know that last year the Prime Minister appointed my noble friend Baroness Verma as ministerial champion for tackling violence against women and girls overseas. I work closely with her to ensure that we are doing all that we can not only in this country, but in countries where we know that there is a high prevalence, or a higher prevalence, of such practice. We need to tackle harmful practice overseas. I have met some fantastic charities that work with communities and stand up and say that this practice is wrong. They also try to get villages and tribes to say that it is wrong, because if they do that, the next village will follow. Fantastic work is being done.

There is always more that we can do. I am conscious of time, so I will finish by thanking my hon. Friend for securing this debate and commending the work that is being done by many organisations, particularly CAME women and Girls Development Organisation, to bring hidden practices, such as breast ironing, to the fore.

My hon. Friend has done a great service. He has raised awareness of this practice in a way that one is able to do in this Chamber. Sometimes we underestimate the power an Adjournment debate in this place to raise awareness of an issue. Let me reiterate that what we are talking about is illegal. It is a crime and it is not acceptable. I want to assure the House that the Government fully understand that and are absolutely committed to putting a stop to it.

Question put and agreed to.

Policing and Crime Bill (Second sitting)

Karen Bradley Excerpts
Tuesday 15th March 2016

(8 years, 2 months ago)

Public Bill Committees
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Jake Berry Portrait Jake Berry
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Q Basically the idea is that if you take things like, for example, the outrage that we saw in Rotherham around the CSE, where there were lots of individuals who were treated very badly, it would enable a third party with an overview to speak to all the victims and trigger a complaint on their behalf, rather than having not to. Is that something you would be keen to be involved in?

Cassandra Harrison: It sounds sensible. I suppose, thinking about it at the moment, my only caveat would be that I would want to be very sure that the young people and children involved would be happy, in terms of the kind of participation that was being proposed.

Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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Q I have a specific point for Iryna, but I want to say welcome to all three of you, whom I work with lots on a daily basis. Your work, Iryna, with the Children’s Society, particularly on missing children, is incredibly valuable; I thank you for all you have done on that.

I wanted to ask something specific about something that struck me as you were talking about child abduction notices. Obviously, the Children’s Society has had a big campaign about 16 and 17-year-olds, and you will know that section 2 of the Child Abduction Act 1984 is clear about the fact that it applies to 16-year-olds and under, not to anyone older, and that is the reason for the current position. I take the point that you make, but I wonder whether you can envisage any situations—I am thinking particularly of honour-based situations—where a child abduction notice issued about a 16 or 17-year-old who had left home of their own volition, perhaps because of honour-based problems, might end up being detrimental to the child. Do you have any thoughts on that?

Iryna Pona: I think the child abduction warning notices will be informed by intelligence from all the different people who are involved in the safeguarding of young persons, so the police will be able to decide whether they will issue such warning notices if they also know that there are concerns around someone who maybe left home because of an honour issue. But we are talking about some of the vulnerable young people who will have a range of different agencies involved in their lives, and those agencies would know about different safeguarding concerns around young persons. So, hopefully, when a child—a 16 or 17-year-old—left, fleeing from home because of particular issues, the police would know those concerns and would not disrupt things. It depends on where the young person will go and they should be able to provide protection to that young person.

Karen Bradley Portrait Karen Bradley
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Q With honour-based violence, though, the evidence I hear—the testimony from those people who have escaped that honour-based violence—is that often the police did not understand the threat they were under. We know from the HMIC reports that there is a lack of understanding by the police of honour-based violence, and it needs to be addressed. We know of some of the most tragic cases, where the police made the child go back to the parents, even though the child had made the decision to leave and was legally able to do so. I have concerns around that, so perhaps we should talk outside the room about how such notices operate.

Iryna Pona: It might be useful to have guidance in that particular case, where we are talking about vulnerable young people, where there are safeguarding concerns and concerns about how police and local authorities can work together to provide the best response, including when and how they can use child abduction warning notices.

--- Later in debate ---
Jake Berry Portrait Jake Berry
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Thank you, we really appreciate that. We have the College of Policing coming next so I and other colleagues, I am sure, will raise that issue with them. That has been extremely helpful.

Karen Bradley Portrait Karen Bradley
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Q Sally, thank you very much. Your point about the amount of time police spend dealing with this is exactly why we want to do what we are doing in the Bill. It had been too easy, I think, for all agencies to let the police deal with this problem. It had become a police problem, but it never should have been. Police should always have been the last resort; it should always have been other agencies stepping in. You say you have not had the personal experience of a 136, but I wonder, as you have come into contact with police, whether you have had any experience of the mental health triage that I know many forces have rolled out as part of the crisis care concordat?

Sally Burke: She has been 136, but not taken to a cell. She has been taken to the adult 136 suite in a mental health unit, or to our local A&E department. With the triage, do you mean the concordat?

Karen Bradley Portrait Karen Bradley
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Well, the triage; so having mental health professionals with the police at the same time. Is that something you have experienced in your area?

Sally Burke: No; I wrote it down as Julie was talking. It is a postcode lottery, with the concordat and there being mental health staff available. As part of our campaign, just this January, we got a children’s mental health team as a wrap-around service, because we did not have anything. If Maisie went into crisis at a weekend or out of hours, there was no child and adolescent mental health services team available for her at all. It was, where do we put this child? As for concordat and triage, no.

In our experience of Maisie’s bespoke package, agencies say that they will work together, but it is actually worse for us as a family, because they will talk to one another, but they don’t listen. [Laughter.] No, they don’t. They each have their own system, and boxes that they need to tick, and they do not cross over for the child. It is not what is best for the child; different agencies have boxes that get ticked in their protocol and it does not fit across the board, so lots of things get left because nobody wants to be accountable for this child.

At the end of the day, Maisie gets sent to units all over the country and every professional who works with her says it is more damaging for that to happen, but nobody wants to take the responsibility. So at the end of the day, we have got a child who is going through lots of trauma and not getting the help because, on paper, it looks great that all these agencies are working together, but, certainly where we are, it is not working.

Karen Bradley Portrait Karen Bradley
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Q Accountability comes through so many times on so many different cases. Can I suggest that my officials speak to you and we try to get together and look at what is happening in your specific area? Perhaps we can see if we can push things through.

Sally Burke: That would be lovely.

Mike Penning Portrait The Minister for Policing, Fire, Criminal Justice and Victims (Mike Penning)
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You could go and see where triage is taking place, outside your area so that you can experience that as well.

Sally Burke: I feel that the NHS has made so many cuts—especially in our area, with mental health—that the police have had to take the brunt of where to put these children. If you continue to show that that is their responsibility, they are never going to put the money back into children’s mental health and tick the areas.

Karen Bradley Portrait Karen Bradley
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I would really like to show you the triage, so let us talk about that outside here.

Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

Q You talked about how local authorities and agencies need to talk together. The beginning part of the Bill is about having a duty of collaboration between the ambulance, police and fire services. If we had a magic wand, where would you want a duty of collaboration to lie?

Sally Burke: In regards to mental health?