Assaults on Emergency Workers (Offences) Bill

Kelly Tolhurst Excerpts

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

[Kelly Tolhurst (Rochester and Strood) (Con)]

I am extremely pleased to speak in this debate. I congratulate the hon. Member for Rhondda (Chris Bryant) on introducing the Bill. His speech was very good, and it was lovely to listen to him. I also congratulate the hon. Member for Halifax (Holly Lynch) on working with her colleagues over the past 12 months to highlight the issue.

It is great that a Bill has finally been introduced to address the desperate calls to deal with assaults on our emergency workers. I will cover three important points: matching the punishment to the crime; ensuring that NHS emergency workers are protected; and having the ability to take bodily samples where there is a risk of disease transmission.

First, it is high time that we started protecting our protectors and ensuring that the weight of punishment was in balance with the weight of the crime. At the moment, the penalty for assaulting a frontline worker is far too low, and the aggressor can get away with just a fine, whether it be for spitting, biting or punching a public servant. There have been many examples of such assaults resulting in victims having periods out of work, yet the perpetrators get off scot-free.

I am blessed in Rochester to have some amazing police community support officers.

[Chris Bryant]

I have been to Rochester.

[Kelly Tolhurst]

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

[Jo Churchill]

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

[Kelly Tolhurst]

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

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

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

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

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

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

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

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