175 Kevin Foster debates involving the Home Office

Mon 18th Feb 2019
Tue 5th Feb 2019
Tue 22nd Jan 2019
Fri 23rd Nov 2018
Stalking Protection Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Tue 6th Nov 2018
Fri 26th Oct 2018
Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Thu 25th Oct 2018
Immigration: DNA Tests
Commons Chamber

1st reading: House of Commons

UK Nationals returning from Syria

Kevin Foster Excerpts
Monday 18th February 2019

(5 years, 6 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Sajid Javid Portrait Sajid Javid
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The Prevent programme is working; it has been successful. Since 2015, some 780 vulnerable people have been successfully supported away from terrorism. It is worth pointing out that the programme is voluntary and confidential. Over 180 grassroots projects support the Prevent strategy. The Channel programme, which is part of the Prevent process, supports those projects. If it is helpful, I should say that in 2017-18 over 7,000 people were referred. Of those, just under 400 received support from the Channel programme. If I may, Mr Speaker, it is also worth pointing out that, in the last year for which we have full information, about a quarter of referrals were for far right extremism.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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Like the Home Secretary, I have little sympathy for those who headed out to the middle east—to Syria and Iraq—to support a form of medieval barbarism that sought to enslave an entire people and that committed genocide while they were there as well. Does he agree that the important point now is to ensure that those who have survived this murderous campaign are brought to justice either here or in an international tribunal?

Sajid Javid Portrait Sajid Javid
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I very much agree with my hon. Friend. The overriding aim with all these individuals, whether they are from Britain or have left countries that are our allies, is to work together to make sure that justice is done in every case. As I said earlier, we will seek to work with our allies to make sure, first of all, that justice can be done in the region, but if that cannot be done, we will look to work with our allies on other means.

Windrush Scheme

Kevin Foster Excerpts
Tuesday 5th February 2019

(5 years, 6 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Sajid Javid Portrait Sajid Javid
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I have asked for more information on the case of Miss Willow Sims, to which I referred earlier. When I heard her on the radio this morning, I was very concerned and determined to find out more. I do not want to prejudge that—I am waiting for further information—but I can make a commitment that if that information shows that more training is required or something needs to be done to ensure that such a case does not arise again, it will happen.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I know that the Home Secretary recognises that the Windrush generation have made a huge, positive contribution to the life of this country. It has therefore been strange to see Opposition Members defining them by the very small minority who have committed serious criminal offences. However, does my right hon. Friend agree that ensuring that compensation is available for those who have been unduly affected is important and should not be conflated with some of the issues we have heard about from Opposition Members?

Sajid Javid Portrait Sajid Javid
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I very much agree with my hon. Friend.

Counter-Terrorism and Border Security Bill

Kevin Foster Excerpts
Ben Wallace Portrait Mr Wallace
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The hon. Gentleman has made some very valid points. Provisions in schedules 3 and 7 to the 2000 Act relating to intra-UK travel allow people to be stopped and checked without suspicion. I think that one of the best ways in which we can prevent abuse of that tool is to publish figures. I told the hon. Gentleman at a recent meeting that in September I would publish figures showing how many people had been subject to such checks while travelling within the United Kingdom, and I think we can start that process of opening up.

I also think that if any of our constituents are subject to such checks, we must always ensure that the police do their work in a manner which is timely and considerate, and which secures the best results for them and the individual who has been stopped. That is not a matter of legislation, but a matter of handling things sensitively. Perhaps we should also be more efficient when it comes to obtaining information, so that there is time to check people before they leave the country.

One reassuring fact is that the vast majority of checks carried out under schedules 3 and 7 involve people who are returning rather than leaving, so there is less disruption than there is when someone is going off for a holiday, for instance. However, I give the hon. Gentleman an undertaking to ensure that the figures are published in September, and I shall then be happy to discuss the issue with him further.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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May I briefly return the Minister to the list of reasonable excuses? Will he confirm that it would not be up to the prosecution to prove beyond reasonable doubt that they did not apply, but that a person defending a charge would be required to produce some basic evidence that they did apply?

Ben Wallace Portrait Mr Wallace
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Yes. That is important. Someone who claims to be an aid worker or a doctor will be expected to prove that. It is not possible simply to pick one of the excuses and use it as a defence. We should expect it to be necessary for the police to investigate any case in which a person returns from a designated area, to establish either whether that person may pose a risk to the public, or whether they fall outside the offence by virtue of travelling for one of the specified purposes or can otherwise rely on a “reasonable excuse” defence.

European Union (Withdrawal) Act

Kevin Foster Excerpts
Friday 11th January 2019

(5 years, 7 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I am conscious that I will need to be quick, given the time, Mr Speaker.

This is obviously one of the most momentous debates that many of us will ever take part in, although we must remember that for many of our constituents their jobs, their homes, infrastructure and many other issues already decided in this Parliament will be the priority, as was perfectly encapsulated when I was invited to appear on BBC Radio Devon this morning to talk about the key issue in Torbay today: dustbin collections.

It is worth saying that Torbay voted strongly to leave the EU, so I do not see an option of staying in. People across the bay did not vote to leave the EU just because they saw a bus or they had some thoughts on immigration; they did so because they considered the issues carefully and many wanted to see the UK open to the world, continuing trading and looking at a different path. This is not the way they are sometimes painted and it shows why a second referendum—a politicians’ vote—is for the birds. Could we imagine any of us on the doorstep saying, “Next Thursday is your chance to decide the outcome. It is your chance to decide whether we leave or remain”? When they then say, “Didn’t you ask us to do that three years ago”, we would say, “Yes, but this time it really counts.” That is nonsense, as is the idea of extending article 50. I do not see what people think that would achieve, aside from kicking the can down the road for another couple of months. If people think article 50 should be revoked and we should stay, they could at least coherently argue that. I passionately disagree with them on that, as it would be a mistake, it would be going back into the EU and it would make us look like fools. As my hon. Friend the Member for Saffron Walden (Mrs Badenoch) pointed out, if we cannot leave, no one else can, and it would make our future negotiations look daft.

In deciding how to vote on this, I have, as Parliamentary Private Secretary to the Chancellor of the Duchy of Lancaster, had the chance to speak to him at some length about it. He has been clear that whatever outcome we argue for, be it Norway-plus, Canada or any other of the future relationships, there needs to be a withdrawal agreement. There are going to be three parts to any agreement; one on citizens’ rights, one on money and a third on guarantees about the Northern Ireland border—this is known as the backstop. Few of us in this Chamber would argue about the issues on citizens’ rights. We have a responsibility for our citizens who live in the EU, and, having a system in which the EU enforces their rights is where we need to be. Relying on 27 individual Governments is not a practical place to be. I would have every confidence in some countries honouring their obligations, but not all. The money aspect is something we would probably need to tolerate, as to get any agreement we would need to look at our existing obligations, but with this deal we would at least not be making large contributions in the future.

That brings me on to the backstop, which, as a Unionist, I find difficult; I do not see Northern Ireland as a third country. I have read with interest the opinions of people such as my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson) and my hon. Friend the Member for Witney (Robert Courts), whom I see in his place. The balance here is about what the likely alternative is if we do not go down the path of this deal. I have some sympathy with one amendment on approving anything other than the deal, but, as I saw on Tuesday, there are those looking to use their arguments against this deal not in the hope of a no-deal Brexit, which the UK could survive and manage, putting policies in place to keep our economy going and revitalise it—some Opposition Members would probably then be too busy trying to shoot those down to make that work—but in respect of what would be the actual outcome in this Parliament. That would probably end up being that people would be hoping for no Brexit. Some are open about that, and I respect it when they are, but others are not. So if I want to see us do things such as implement the referendum result, look to accede to the comprehensive and progressive agreement for a trans-Pacific partnership, and at least have the chance of getting a comprehensive trade deal with the US as an independent nation, this deal, in some form needs to go through.

Stalking Protection Bill

Kevin Foster Excerpts
3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018

(5 years, 9 months ago)

Commons Chamber
Read Full debate Stalking Protection Act 2019 View all Stalking Protection Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 23 November 2018 - (23 Nov 2018)
Sarah Wollaston Portrait Dr Wollaston
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This week we celebrate the 100th anniversary of the first woman taking her seat in this House. I am immensely proud, as a Devon MP, that that woman was Lady Nancy Astor, and I think all of us in this House owe her an enormous debt of gratitude for the work she did, particularly in fighting on behalf of women and girls. I am proud that this Government have continued that work. Indeed, Members from across this whole House have done so much to advance this cause.

Of course, stalking does not just affect women—it affects men as well, and it is a vile crime of an insidious nature. I am very grateful to all those, both within this House and beyond, who have contributed to the passage of this Bill, including with advice, which has caused me to table some important amendments. They are minor in nature, but I think they will greatly improve the Bill.

Amendments 1, 2 and 6 would enable the chief constables of the Ministry of Defence police and the British Transport police to apply for stalking protection orders and interim orders, and to initiate related proceedings in connection with the variation and renewal of an order. That is because stalking occurs across a range of contexts and situations, with devastating consequences, and it is essential that a stalking protection order is available to police in a variety of situations. There may be circumstances in which the British Transport police or MOD police are best placed to seek an order, for example if the stalking conduct has taken place on the railway network or a perpetrator lives or works in MOD premises.

Amendments 3 and 4 would modify the notification requirements on a person subject to a stalking—

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I know that my hon. Friend was about to move on, but I just wanted to inquire about a thing not included in this list: the Civil Nuclear constabulary. The MOD police are included, and they protect particular areas. I welcome the amendments, but is there any particular reason why the Civil Nuclear constabulary is not included?

Sarah Wollaston Portrait Dr Wollaston
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I thank my hon. Friend for his point, which we could consider in the House of Lords as the Bill continues its passage.

Amendments 3 and 4 would modify the notification requirements on a person subject to a stalking protection order. Under the notification requirements, as drafted, a perpetrator must notify the police within three days of a change taking place. These amendments simply enable the perpetrator to give such notice in advance of a change taking place, and I hope that colleagues from across the House will recognise that that is a small, technical, but important change.

Finally, amendment 5 also relates to notification requirements. It caters for circumstances where the subject of a stalking protection order has no home address. In such a case, the amendment provides that the perpetrator can instead notify of a place where they can regularly be found. That simply mirrors notification requirements related to registered sex offenders. My hon. Friend the Member for Christchurch (Sir Christopher Chope) also has an amendment in this group, but I do not see him in the Chamber today, so I think we will assume that he does not wish to press that amendment. For now, I commend the amendments standing in my name to the House.

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Alex Chalk Portrait Alex Chalk
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My hon. Friend makes an acute point. We must always recognise that whenever we legislate in this place, there is always the potential for the law of unintended consequences to apply. One thing that the courts will have to consider is precisely what stalking means, and that is covered by the Bill. Notwithstanding the possible pitfalls, there is no doubt that there was a gaping hole that needed to be filled. We in this country have moved much faster than most to seek to fill that gap.

I do not want to spend too much time looking into the history, but it is important to spend a moment putting the measures into context. The maximum penalty was five years’ imprisonment. When the judge came to sentence my constituent’s stalker at Gloucester Crown court, he said, “I simply don’t have the powers required to do justice in this case.” We know that if the maximum sentence is five years, which is of course 60 months, and the defendant pleads guilty—very often the evidence is so overwhelming that that is the only sensible approach for them—that takes it down to 40 months. They then serve half, and indeed they may even be released on a tag before the halfway point, so in reality the maximum penalty is around 18 months’ imprisonment. For a GP who has been stalked for seven years, driven to post-traumatic stress disorder and advised to come off the General Medical Council register, and who cannot begin to rebuild their life until they know that the person is in custody and they themselves are safe, 18 or 20 months is manifestly inadequate. I was therefore grateful to colleagues from all parties who came together to change the law and protect victims.

Kevin Foster Portrait Kevin Foster
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It is worth noting the work that my hon. Friend did with my hon. Friend the Member for Gloucester (Richard Graham) to produce a report that provided compelling evidence for why the House should change the law. It is appropriate that that is put on the record. Perhaps my hon. Friend may wish to reflect on the impact of that work.

Alex Chalk Portrait Alex Chalk
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It is very kind of my hon. Friend to say that. Our work has had an impact, but none of that would have been possible—as I say to Dr Aston and, indeed, as I say to the family of Hollie Gazzard, who was very sadly killed by a former partner in Gloucester—or achievable in this place without people being brave enough to support the campaign. When I sat down with Ellie, I said, “Are you prepared to put your name to this and to try to change things?”, because I was always concerned that it could reheat old traumas, but to her great credit that was precisely what she agreed to do.

Let me turn to the Bill. Again, I pay tribute to my hon. Friend the Member for Totnes for the work she has done. With characteristic clarity, she has identified the importance of early intervention. The reality of this behaviour is first that it escalates, and secondly that it can become ingrained very quickly. For both those reasons, it is important to intervene, because the nature of this kind of offending is such that—and this is not a criticism of the police at all—the police intervene only after it has escalated and the behaviour has become ingrained.

Just imagine the circumstances in the example of my constituent. A GP says to the police, “I’m a bit concerned because I’ve had five letters from my patient.” The police officer says, “Well, it seems a bit odd, but probably no crime has been committed.” She then says, “Actually, it has now escalated, because he’s turned up at my home address. He didn’t say anything violent, but he didn’t have any particularly good reason to be there.” The police officer says, “Yes, well, that also sounds a bit odd, but it probably doesn’t cross the threshold for actually arresting or prosecuting someone.” One can imagine the drip, drip over time, and we are suddenly one, two, or three months down the line. Meanwhile, that behaviour and that fixation has become truly entrenched.

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Kevin Foster Portrait Kevin Foster
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I am finding my hon. Friend’s speech both interesting and persuasive. Does he agree that we must be very clear that these powers are in addition to the powers that the police and the courts already have, and that they should in no way be seen as an alternative? If someone has committed an offence under existing legislation with the penalties that it carries, then that should be used? This measure should be viewed as a way of protecting someone in addition to those powers, and not as a replacement in any way?

Alex Chalk Portrait Alex Chalk
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My hon. Friend is absolutely right; this is in addition.

Many victims have told me that by the time a perpetrator can be convicted under the Protection from Harassment Act 1997, when the court says, “Yes, an offence has been committed, the defendant has been convicted and we will now impose a restraining order,” they want to say, “Well, thank you very much, but the damage has been done,” because the concerns are in place and the behaviour is entrenched. Therefore, although one would not wish for one moment to remove that power—it remains an important tool for the courts—this provision fills that gap earlier in the process.

I have spoken for far too long, Mr Speaker. [Hon. Members: “No, no!”] Hon. Members are very kind. In conclusion, we as a society have come an awfully long way on this issue, and we have done so as quickly as any other peer nation. It has been a process, and we are now close to, if not completing that process, getting to the point where these tools are available to the authorities. Ultimately, however, what will make the difference, whether in the criminal justice system or in any other part of public life, is the individuals who actually use these powers.

I wish to pay tribute to Gloucestershire Constabulary, whose police officers have put so much effort into this cause. They are leaders in their field. They have seized the baton and run with it, because they recognise the implications for people in our county—Hollie Gazzard is an obvious example, and Ellie Aston is another. Ultimately, it will be the officer who receives the complaint from the victim who, through their compassionate and organised response—I say “organised” because it is about collating so much data—will make the difference in whether justice is done. I think that that conscientious, professional officer will now have the tools that he or she needs to keep victims safe. On that basis, I am delighted to support the Bill.

None Portrait Several hon. Members rose—
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Kevin Foster Portrait Kevin Foster
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I must say that it makes a pleasant change to be called to speak so early in the debate, because usually I have the joy of almost having to sum up, particularly on a Friday. It is a pleasure to speak to the amendments tabled by my constituency neighbour, my hon. Friend the Member for Totnes (Dr Wollaston). It was a joy to serve on the Public Bill Committee for this important legislation, which will provide protection for many victims of stalking.

This debate is timely, given the experiences of Devon and Cornwall’s police and crime commissioner, who we have learnt has been a victim of domestic violence and stalking offences. Of course, the Bill relates more to victims who have not been in a relationship with the perpetrator, but it is very welcome that she has spoken out, and hopefully her experience will inspire other victims of stalking to realise that they need not stay silent.

Turning to amendment 1, I think that it makes eminent sense to be clear that the Bill applies to virtually every police force operating in England and Wales, and not just to the geographical police forces. The inclusion of the British Transport Police makes sense, given the obvious potential for stalking offences on public transport. For example, a stalker could follow their victim on to the train they take to work each day. Trains coming into London can be particularly crowded, and the four minutes to 4 train from Exeter to Paignton can be exceptionally crowded. That could give stalkers an opportunity to be in close physical contact with their victim. Normally that is just considered part of commuting. We have all experienced the joy of taking the tube at about 20 minutes to 9 in the morning, when the trains are packed. It is a chance to get very close to our fellow passengers, although not by choice. The inclusion of the British Transport Police is therefore welcome.

I should be clear that I support the amendments. I note that amendment 6 lists the police forces involved. That brings me to a query about whether the Civil Nuclear Constabulary ought to be included—the Minister might like to reflect on this—considering that these provisions could apply in instances where there has not been an intimate relationship. For example, someone working at a nuclear establishment could be stalked purely on the basis of their views on nuclear power generation. The same could be true for those who protect sites such as Sellafield. Or would that be an encumbrance in the legislation? That is more of a query, rather than something I think should necessarily be amended immediately.

I note that the Ministry of Defence police are included. I should explain, for the benefit of those following our proceedings—I always think that it is important to help people understand this point—that they are different from the military police or the naval provosts, who enforce military law against service personnel. The Ministry of Defence police are very visible in Plymouth, where I grew up, because of their role in enforcing the law at Her Majesty’s naval base Devonport and the submarine refit complex. They are police officers who work with the military; they are not the military police. It is important to be clear about their role.

The Civil Nuclear Constabulary operates as a fully armed constabulary, given the nature of its officers’ work and the sites they protect, and particularly given the threat of terrorism. Again, should they be included in the Bill? I see the Minister dutifully noting down these queries, so I am sure that we will have a full response when the time comes. We should consider whether these would be useful additions, as my hon. Friend the Member for Totnes touched on when I intervened earlier. Of course, although we in this House will complete our consideration of the Bill today, it is still to go through the other place, where this matter might be considered further.

It makes eminent sense to tidy up provisions for when someone might need to give notification and how they are to do so. The Bill needs to be robust and we must not create any loopholes, as my hon. Friend the Member for Cheltenham (Alex Chalk) explained in his excellent speech, because many of those engaging in this kind of behaviour not only ruthlessly work out how to intimidate their victims and gain power over them, but research the law in an effort to stay just this side of committing a criminal offence. My hon. Friend described the impact on his constituents, which was welcome, because this is not some dry debate about legal orders that prevent people from doing something; it is about real victims.

Barry Sheerman Portrait Mr Sheerman
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Do we not sometimes lose sight of the overall context? In this country today, deep into the 21st century, we have a tremendous problem with violence against women. There is not just stalking; there are gangs up and down our country—gangs of men of Pakistani origin prey on young girls and even children—and domestic violence. There is a real problem in our country with violence of all kinds against women. This Bill is part of the fight to roll that back.

Kevin Foster Portrait Kevin Foster
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I thank the hon. Gentleman for that intervention. He is right to highlight that there is a real issue. It is not just physical violence; it can be verbal violence. It is about someone trying to gain power over someone and have them under their control, whether through direct violence, intimidation or other actions, such as constant emailing or the sending of cards, as we have heard. My hon. Friend the Member for Cheltenham made the point that sending a Christmas card might seem innocuous, but it must be seen in the context of the overall behaviour. It can be about the perpetrator being constantly in the victim’s life.

The hon. Gentleman mentioned violence against women. I am a supporter of the white ribbon campaign in my constituency, and I hope he is doing the same—I am sure he is—in his own constituency. This is about men standing up and saying that other men’s violence against women is unacceptable. I have a close relative who experienced a violent relationship for a significant period. She was physically abused—in one case, she was hospitalised by the attack launched against her—but what sticks is the constant name calling and running down. One of the points she used to make was that if someone who did not know them had observed what was going on and then asked what her name was, they would have been given not her name but two swear words put together. I do not need to repeat such language in the Chamber; Members can work out for themselves what sort of language I am referring to. She felt that that was how she would be known.

There was constant denigration and running down, and then when trying to move away from the relationship, there were constant phone calls and texts. Bluntly, it was only when BT’s choose to refuse service became available that a lot of that could finally be brought to an end through blocking the numbers. I wonder whether, if something like the Bill had been available, it might have helped to build confidence in tackling those situations.

It is right that we have clear penalties. We have been clear that this is an additional way of protecting potential victims of stalking, not about replacing existing legislation. For me, this is not just about those who have been in relationships. As I touched on in my comments about the Civil Nuclear Constabulary, such actions may in effect be stalking but are due to other reasons, such as political reasons.

Yesterday, along with my hon. Friend the Member for Witney (Robert Courts) and the hon. Members for Cardiff North (Anna McMorrin) and the hon. Member for Dudley North (Ian Austin), I had a very interesting visit to the Community Security Trust, which works with the Jewish community, and heard about the experiences of some of the people there. The reason for someone in effect stalking or harassing in such cases is based on their faith. Again, it would be interesting to hear what the Minister thinks about someone engaging in the completely unacceptable behaviour of targeting people for that reason, but doing so in a way that looks very much like stalking. She is an eminent lawyer in her own right—a learned Member—and I am sure she will outline how some of these powers might be of assistance.

Huw Merriman Portrait Huw Merriman
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My hon. Friend is making an excellent speech. Does he agree with me—I make this point not specifically to my own Front Benchers but about successive Governments—that although Parliament is very good at creating new laws, if money, resources and guidance are not provided, the authorities responsible for enforcing those laws cannot deliver on that, which calls the laws into question in the first place? I found that as a district councillor under the previous Labour Government and I am afraid it is happening again. I absolutely support this Bill, but there is a wider point. When Parliament passes a new law, should there be a money resolution not for the Bill to be carried forward but to make sure that it can be enforced and delivered on the ground? Otherwise, we are, I am afraid, misleading people.

Kevin Foster Portrait Kevin Foster
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I thank my hon. Friend for a very thought-provoking intervention. Just to be clear on the technicalities, the Bill does of course have a money resolution, because the Government have agreed to one.

Huw Merriman Portrait Huw Merriman
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Obviously, there is a money resolution to carry through the Bill, but I am talking about an ongoing money resolution, as it were, to make sure that the police have the resources to deliver it.

Kevin Foster Portrait Kevin Foster
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My hon. Friend is right. There clearly needs to be an intention not just to pass a piece of legislation—it makes us sound very virtuous, and we can pop our speeches on to our websites when we get back to the office—but to ensure it has a real and clear effect. I am sure that the Minister, who I see has already made some notes, will talk about how the Home Office will seek to work with police forces to make sure this power is used and brought into effect.

I have one slight disappointment. My hon. Friend the Member for Christchurch (Sir Christopher Chope) was due to talk this morning on his amendment 7, which is about when the Bill will be brought into force. Again, when we move on to Third Reading—I hope the Bill will be given a Third Reading later today—it would be interesting to hear the Minister’s thoughts about when she intends to bring it into force. We do not just want to pass the Bill and then leave it sitting on the statute book, but to bring it into force.

Chris Philp Portrait Chris Philp
- Hansard - - - Excerpts

On the question raised by our hon. Friend the Member for Bexhill a few moments ago—[Hon. Members: “And Battle.”] Let us not forget Battle. My hon. Friend the Member for Bexhill and Battle (Huw Merriman) asked about funding. Is my hon. Friend aware that the Government intend to increase funding to combat violence against women by £100 million between now and 2020? That may go some way to addressing the concern that our hon. Friend has raised.

Kevin Foster Portrait Kevin Foster
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I thank my hon. Friend for yet another very well thought through and incisive intervention. I am obviously encouraged to hear that news, as I am sure Members from across the House will be. We probably should be clear that this law is gender-blind—the victim of stalking could be male or female. I remember a case in Coventry, where a male vicar was targeted by a female stalker. I absolutely welcome the funding, which is a sign of the intention to tackle a problem from which, sadly, too many women suffer. When a relationship is breaking down, or even when it is still going, it can go from love and affection to aggression, control and domination.

Huw Merriman Portrait Huw Merriman
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Will my hon. Friend give way?

Kevin Foster Portrait Kevin Foster
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I will give way very briefly. I am conscious of the time, and I know that you, Mr Speaker, do not want to listen to too much of me today.

Huw Merriman Portrait Huw Merriman
- Hansard - - - Excerpts

My hon. Friend should give himself more credit. This comes back to the point made by my hon. Friend the Member for Croydon South (Chris Philp). The Government of course focus resources on certain policy areas. I absolutely agree. They have spent £802 billion—that is what this Government do and they do it well—but when we state that we are spending this amount on a generic area, and that it is not ring-fenced to a particular offence or new legislation, people are somewhat left short. I am thinking of the free bus passes that the previous Government brought in. I was a district councillor, and we found that they were not funded at all, and the district councils took the rap.

Kevin Foster Portrait Kevin Foster
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My hon. Friend—I visited the Battle part of my hon. Friend’s constituency, at his invitation, earlier this year—makes a valid point. When I was deputy leader of Coventry City Council, the funding for free swimming passes was distributed. Bizarrely, some councils with swimming pools struggled with the amount of funding they received, yet one council received the funding even though it did not have a swimming pool. One council got the bill and another got the funding, so it was a bizarre situation.

To return to the Bill, I know that the Minister, who is in her place on the Front Bench, will be keen to reply to us to confirm how we see it being taken forward, implemented and explained in guidance. We should not get drawn into the amount of additional resource because this is also partly about the police officer who is looking for legal options to deal with a case and a victim. The Bill gives them that option. In many cases, that can be done with existing resources. It is about assisting officers in dealing with a situation that may otherwise escalate into a worse one—with a much more serious crime being committed, necessitating even more police resources—or one where they have to let it run, because at the moment the law does not quite kick in. The Bill gives officers an opportunity to make an application. I am certainly satisfied that the protection of requiring the application to be made to a court means that there will be a fair process, and this cannot just be used arbitrarily. As Members will have noticed, there is also provision for an interim order, pending a full application, if the court feels that is appropriate.

I would not necessarily say that this should be codified in an amendment, but it might have been helpful if my hon. Friend the Member for Christchurch had spoken to his amendment to allow us to discuss the exact time the measure will be brought in. However, we certainly want to reflect on the fact that we need not just to pass legislation, but to provide an element of funding to ensure that it becomes of real help on the ground.

The amendments tabled by my hon. Friend the Member for Totnes make eminent sense. They will strengthen the Bill and introduce additional tweaks to those measures introduced in Committee, and they will make the Bill even more robust as—hopefully—we send it in the not-too-distant future for scrutiny by their lordships. The Bill will be welcomed. I hope that hon. Members will support the amendments and that we will not be forced to spend time on Divisions that could otherwise be spent on Third Reading. I congratulate again my hon. Friend on the progress of the Bill so far.

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James Cartlidge Portrait James Cartlidge
- Hansard - - - Excerpts

I am grateful to my right hon. Friend. Although most of her constituents use public transport, things are slightly different in rural constituencies where there is more dependency on the car, which leads on to a point about police resources.

Kevin Foster Portrait Kevin Foster
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I am very much enjoying my hon. Friend’s detailed remarks and his usual analysis of the Bill. Does he agree that involving the British Transport police—or, for example, the Metropolitan police—means that either/or, or even both could apply to the court? That is the approach they should adopt, rather than waiting to agree or thinking that the other force will act. Each force has the ability to apply once the evidence is there. Will my hon. Friend join me in encouraging information sharing between the forces so that we do not have half the evidence required with the British Transport police, and half with the Metropolitan police, without the two being put together?

James Cartlidge Portrait James Cartlidge
- Hansard - - - Excerpts

That is a good point, and the fact that I am unable strictly to comment on it underlines why politicians should probably not have a role in frontline policing matters. We do, however, have responsibility for making the law and resourcing the police, and I want to focus on that point. My right hon. Friend the Member for Putney (Justine Greening) made a good point about public transport. We have public transport in South Suffolk—indeed, many of my constituents wish we had more buses and so on, and there is one train station—but in rural constituencies people overwhelmingly rely on cars. This is an issue of police resources. On many occasions I have been happy to defend the Government’s position of enabling police and crime commissioners to decide whether to raise the precept to fund the police, but if we pass laws that may result in more being asked of the police, we must ensure that they have the resources to carry out those tasks.

Putting aside the money coming from the precept, we feel concerned that the funding formula penalises Suffolk. Norfolk is a very similar county in many ways—of course, it is not quite as good in some respects—and it receives about £1 million more per year than Suffolk for no obvious reason, and significantly more per head, which is even more indefensible. I very much welcome the funding to deal with violence against women, but will it be distributed to forces under the current formula, and how will that be determined? Stalking is a terrible crime that we all oppose—that is why we are here to support the Bill. If it is that serious a crime, and if the police are to be given more resource to deal with it, how will that resource be distributed and where will it come from?

I support the amendment but I have a caveat about resourcing. As the Minister will be aware—perhaps the note from the officials is on this point; I hope it is—on funding we must take rurality into account, and not just in terms of reliance on the car. I submitted a written question to the Home Office to ask whether it has considered the difference in cost between rural and urban policing, and it responded that no such study has been undertaken.

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I listened very carefully to the observation made by my hon. Friend the Member for Torbay (Kevin Foster) about the Civil Nuclear constabulary. Its role is to provide security for nuclear material and sites, and of course we recognise that that covers workplaces. I am mindful of figures that were released only yesterday by the Office for National Statistics. It compiled a bulletin of data from the national stalking helpline, which is run by the Suzy Lamplugh Trust. In an analysis of the calls to the helpline, which is an incredibly important facility, it looked at the types of stalking behaviours experienced by callers who reported stalking by an ex-partner or family member, so it was restricted to, as it were, intimate relationships, as opposed to stranger stalking. None the less, I note that 4% of calls reported stalking in or through the workplace, so my hon. Friend raises a very good point regarding the Civil Nuclear constabulary, and we will look into that as the Bill proceeds through another place.
Kevin Foster Portrait Kevin Foster
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I thank the Minister for her detailed response and agree with her proposed approach. As I said, the reason why I raised the point was that the Ministry of Defence police focuses fundamentally on securing a base, but may react to incidents on the periphery of the base. It is about the police being part of the process, but I welcome her proposal.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

Indeed, and I note that my hon. Friend the Member for South Suffolk (James Cartlidge) raised a more general point about service personnel. The Bill already covers acts of stalking by forces personnel against civilians, and stalking offences apply to service personnel automatically by virtue of the Armed Forces Act 2006. However, I will look into the points that he raised.

Stalking occurs across a range of contexts with devastating consequences. It is therefore essential that the orders are available to different police forces, and I am delighted that the amendments will help us to achieve that. While I am speaking to clause 1, and I have notified my hon. Friend the Member for Totnes about this—who knows, it may be that my legal skills are causing me to examine the text too carefully—I want to commit to clarifying the terminology in the clause, which moves between “defendant” and “person”. I want to make it absolutely clear for the police, those who litigate on their behalf and magistrates how the Bill should be navigated, so I will provide clarity on the use of terminology in the other place.

Before I move on to amendments 3 and 4, I want to thank my hon. Friend the Member for Cheltenham (Alex Chalk) for his speech. I will be more loquacious about his contribution to this issue on Third Reading, but I note his point about the police updating their processes to include, for example, the use of apps to help to record instances of stalking. I will explore that with the police, because it seems to be a very valid point.

I am grateful for the observations from my hon. Friends the Members for South Suffolk and for Bexhill and Battle (Huw Merriman) on police resourcing. We make an economic impact assessment of the effects of any Bill, so one has of course been conducted for this Bill. I heard what they said about the police settlement, which they will both know is coming forward in December. We have managed this year to provide a further £460 million for policing, with the help of police and crime commissioners, but it is very important that we listen regarding any further support that can be given in pressing the case for dealing with the challenges of changing crime in the 21st century. The full economic impact is a reason why we have not placed a commencement date in the Bill. That point was raised by my hon. Friend the Member for Torbay, and I will deal with that at the end of my speech.

Amendments 3 and 4 will modify the notification requirements on a person subject to a stalking protection order. I am pleased that they have the approval of the House. Under the requirements as drafted, a perpetrator must notify the police of a change of name or address within three days of that change taking place. It enables the perpetrator to give such notice before the change takes effect. Amendment 5 caters for circumstances in which the subject of a stalking protection order does not have a home address, and mirrors the notification requirements relating to registered sex offenders.

My hon. Friend the Member for Torbay examined the issue of commencement dates. We propose to deal with that through regulations, and he will know that that is the usual way of enacting provisions in any Bill that receives Royal Assent. We have gone for the traditional or usual way of commencement because we are mindful that if the orders are to be used as effectively as all colleagues wish, there will be implications for the courts, legal aid, the Crown Prosecution Service, the Prison Service and the National Probation Service, as well as the police who will require training and who will make the applications. We want to allow a little time for that to bed in, and guidance will be issued as part of that.

Kevin Foster Portrait Kevin Foster
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I thank the Minister for the details that she is providing on commencement. Would she provide a rough timeline for the benefit of those following our proceedings? It makes eminent sense to give those organisations time to prepare, but I assume that we are talking about a matter of months, not years.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

Most certainly. My hon. Friend will understand that I cannot give precise dates, but it is certainly months. We want to get this on the statute book, and put it in force as soon as possible. We have a date for consideration in the other place early in the new year, and we want the measure to be put into force as soon as possible. May I thank all hon. Members, including my hon. Friends, for their contributions to this stage of scrutiny, and commend the amendments to the House?

Amendment 1 agreed to.

Clause 4

Variations, renewals and discharges

Amendment made: 2, page 3, line 24, leave out from “police” to the end of line 27 and insert “who applied for the stalking protection order and (if different) the chief officer of police for the area in which the defendant resides, if that area is in England or Wales.”— (Dr Wollaston.)

See the explanatory statement for amendment 1.

Clause 9

Notification requirements

Amendments made: 3, page 6, line 2, leave out “within” and insert “before the end of” .

This amendment would ensure a person can give notice that they are going to use a new name before doing so.

4, page 6, line 8, leave out “within” and insert “before the end of” —(Dr Wollaston.)

This amendment would ensure a person can give notice that they are going to change their home address before doing so

Clause 10

Method of notification and related matters

Amendment made: 5, page 6, line 30, leave out “whose home address is not” and insert “who does not have a home address” .(Dr Wollaston.)

This amendment would cater for the possibility that a person might not have a home address

Clause 14

Interpretation

Amendment made: 6, page 8, line 9, at end insert—

““chief officer of police” means—

(a) the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b) the Commissioner of Police of the Metropolis;

(c) the Commissioner of Police for the City of London;

(d) the chief constable of the British Transport Police;

(e) the chief constable of the Ministry of Defence Police;” —(Dr Wollaston.)

See the explanatory statement for amendment 1.

Third Reading

Police Pension Liabilities

Kevin Foster Excerpts
Tuesday 6th November 2018

(5 years, 9 months ago)

Commons Chamber
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Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

As I have made clear, the next step in Parliament debating and discussing police funding is the 2019-20 funding settlement. As I did last year, I intend to come the House in early December to set out this Government’s proposals, which are being worked through with our Treasury colleagues as we speak.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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The Minister will be aware that not all the demand on the police is based on crime. What work will he be doing with police and crime commissioners, including Devon and Cornwall’s, to look at how that can be used to help release more resources for fighting crime?

Synthetic Cannabinoids: Reclassification

Kevin Foster Excerpts
Tuesday 6th November 2018

(5 years, 9 months ago)

Westminster Hall
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Ben Bradley Portrait Ben Bradley
- Hansard - - - Excerpts

I thank my hon. Friend for her intervention and I absolutely agree. We have seen the impact of these drugs and not only on users; there have been cases of prison officers having to go home sick, having inhaled fumes exhaled by people taking these drugs. The impact is not only on users themselves but on the broader community, which—absolutely—is another reason why this matter needs to be taken more seriously.

It is not yet necessarily recognised in the literature on this subject, but there can be problems for users as bad as bleeding from the eyes and bleeding from orifices. Similarly, teeth falling out has been described by long-term users as a side effect of these drugs, and such things are not comparable with the outcomes and side effects of other class B drugs. It is ridiculous that these symptoms do not warrant a higher classification for these drugs.

Unlike natural cannabis, synthetic cannabinoid receptor agonists, or SCRAs, do not contain cannabidiol, or CBD, a chemical that is sometimes sold in our high-street shops, and which appears to possess antipsychotic properties. The psychotic symptoms that occur relatively frequently following SCRA consumption might be linked to the high potency of the drugs and the absence of CBD. In many cases, however, we do not know what is actually in these drugs. That is partly why it is so difficult to have a clear national treatment plan for users; the drugs are manufactured locally and ingredients vary across different regions. Sometimes, the main ingredient is nail varnish remover, but at other times it is not, and the impact on health and symptoms can vary greatly.

Cases have been reported where users choose to take heroin instead of Mamba, as there is more treatment available for heroin. There is no substitute for Mamba in the way that methadone can be used to help heroin addicts to come off heroin. I have been told by service providers off the record that they would prefer to treat people who take heroin, as their understanding is greater and the pathways to support and help are clearer. The fact that drugs workers say, “Actually, I would rather you take this class A drug than a class B drug”, suggests that we have not got classification right.

I have been told anecdotally that these drugs are far more addictive than heroin or cocaine. An article in The Economist emphasised the difficulty faced by outreach workers as they try to help users. Although heroin addicts often have four or five hours of lucidity a day, Mamba is often chain-smoked continuously by users throughout the day. As Members can imagine, that makes having a coherent conversation with a Mamba user a nearly impossible task.

Last weekend, The Sunday Times contained a very interesting article by Rosamund Irwin, which included an account from a user about how much worse the outcomes of taking Spice are compared with those of taking any other drug. In the article, Karen from Blackpool said:

“I’ve been on heroin for over 30 years, I’ve tried every drug, and Spice is by far the most horrible. You can function on heroin, but on Spice I thought I was coming off the world.”

In the same article, Karina, who is from the Salvation Army, says that these drugs

“rob people of their personality, it’s very different to heroin in that you can still have a conversation with a heroin user, but when people are on Spice their body is there, but they are not.”

The impact of these drugs is immense and affects towns across the whole of the UK. Not only is the impact on individuals worse than that of many class A drugs, but the impact on others and on public safety is arguably the worst aspect of all.

I want to see heavier penalties for manufacturers and dealers; I want to see work being done to shut down supply chains for the ingredients used in these drugs; and I want to see that increased risk and difficulty make life harder for manufacturers. In the meantime, I want the police to act, in order to keep people safe on our streets.

I have spoken to the staff of many local services in Mansfield and Nottinghamshire who have seen at first hand the impact of these drugs on our town centres. It is clear that the low price of Mamba and Spice is a key problem. At the cost of as little as £5 for four or five hits, synthetic cannabis is one of the cheapest drugs on the market, but it is also one of the strongest. The effects of these drugs can leave users resembling zombies, slumped in a state of semi-consciousness, sometimes foaming at the mouth and sometimes passed out in the street.

It is uncomfortable enough seeing such things as an adult; it is devastating having to explain to your four-year-old child why there are people passed out on the ground in the market square in Mansfield town centre. That situation has clearly had a negative impact on town centres and local economies. It causes anxiety among shoppers and business owners, reduces footfall and discourages families from spending the day in the town centre.

These drugs have put an extra strain on ambulance services around the country. Figures from South Western Ambulance Service NHS Foundation Trust showed that between August 2016 and July 2017 there were 157 calls related to synthetic cannabis. That jumped up to 960 calls in the following year. Most of the time, the users hop back up after 20 minutes or so; they are absolutely fine and do not need an ambulance, but that time and money has been wasted. This issue not only affects my constituents in Mansfield and Warsop; it impacts on constituencies around the UK and it is getting worse. The Government need to act now to stop things from worsening further.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I thank my hon. Friend for giving way and congratulate him on securing the debate. Having made those points about ambulance services, he might be interested to know that last year in Torquay some users of these drugs were getting two or even three ambulance visits a day because of the very situation that he is describing, namely that most users recover quickly after an incident. Again, that reinforces the fact that these are not class B drugs. They look like class A drugs, they work like class A drugs, and they should be class A drugs.

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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I congratulate the hon. Member for Mansfield (Ben Bradley) on securing this debate on a subject very close to our hearts. Many others who would love to be here also support the aims of the hon. Gentleman and other speakers. I will talk about a specific case that the Minister is aware of. It is a success story in that Government policy has helped very much.

Members will know that I am a most sincere advocate for my young constituent, Sophia Gibson, who was prescribed medicinal cannabis. I watched the struggle of my constituents as they fought with every breath to legally get the help that their child needed, and today young Sophia is a different child. I want to put on the record my thanks to the Minister for his endeavours to make sure that that happened. He had the opportunity to meet Sophia Gibson, my parliamentary aide and me to talk about this matter. I know that he industriously, personally and sincerely pushed the matter for Sophia and I thank him for that. I also thank the Government for their help to make that happen. Without that help and intervention, we would not have the Sophia we have today. Like me and everyone who helped, the Minister has a photograph of that young girl who has now come on greatly.

Sophia needed medicinal cannabis to have any semblance of a life. Her courageous mummy and daddy refused to stop pushing, and refused to give in and accept drugs that had horrific side effects and did not address the severe medical issues that their daughter had. I cannot speak highly enough of Danielle and Darren, the mum and dad who put it all out there to get their daughter the help that she so desperately needed. They did it in the right way. They followed the legal procedure and paved the way for others who need an opportunity to get that help. The path is still not smooth, and the Government are honing the procedure, but because of Alfie Dingley’s mother Hannah and because of the Gibsons, it is now a possibility.

I recently saw a picture of Sophia dressed as Princess Anna for her school Hallowe’en party. That might not be noteworthy for everyone, but it was noteworthy for Sophia’s family because it was the first party that she had been able to attend at school. That says it all about what medicinal cannabis has done for that young girl and for her mum and dad.

A post on the social media page Help for Sophia’s Seizures, which updates people on Sophia’s progress, encapsulates why I stood with Danielle and Darren in their battle for help for their child, as the Minister and many in the community did. It reads:

“Nearly 14 weeks on from when Sophia was prescribed medicinal cannabis with THC on the NHS and she has NOT been hospitalised from 10th July, seizure length and frequency are reducing and Sophia is so much brighter, has a lot more energy and her ‘wee rascal’ personality is shining through. Sophia recently had a cold that lasted 5 weeks and any other year day 2 of a cold and she was hospitalised with back to back seizures but this year it has been so much different and at last for the better. Our little princess is getting bigger, stronger and better each day and we hope this continues looking into the future. This was never to cure Sophia as her syndrome is genetic but about Sophia having a better quality of childhood and that is what she is doing.”

I am undoubtedly in the corner of those in the medical profession who know that nothing else is working, but I must say clearly that that is where I draw the line. I believe that honing the process means educating doctors to know the situations that call for the prescription of whole plant cannabis, which has no additional substances added to it. I am not a doctor—far from it—and I am not medically trained, but the fact that whole plant cannabis has been proven to make such a substantial difference to young Sophia’s quality of life tells me that more research is needed into whole plant medicine. That will enable medical professionals to have the information that they so need to prescribe whole plant cannabis to others in Sophia’s situation, in which the currently available drugs are not working and are even damaging her in the long term.

We must remember the impact that every seizure has, physically and mentally, on a child’s capacity. There are people whose lives would massively benefit from whole plant cannabis. Information must be available for medical professionals to understand the medication so that they can prescribe it.

Kevin Foster Portrait Kevin Foster
- Hansard - -

I am listening to the hon. Gentleman’s speech with great interest. As always, he is a doughty advocate for his constituents. Does he agree that there is no contradiction in believing that Spice, as a synthetic cannabinoid for recreation use, should be made a class A drug, but that cannabis-based medicine should be allowed for specific purposes? The medicinal use of a drug is a different concept from its abuse for recreational purposes.

Jim Shannon Portrait Jim Shannon
- Hansard - - - Excerpts

I wholeheartedly agree. I want to make sure that we understand the side effects, but the thrust of the hon. Gentleman’s intervention brings me back to a point that I have made clear throughout the debate: reclassifying cannabis to allow recreational use is something that I cannot support. Just as we use morphine under very select circumstances and in a controlled manner, but have rightly outlawed the use of heroin, it is right that we have classified cannabis products for medicinal use in select circumstances and in a controlled manner. That is the way I believe it must be.

I do not believe that we should allow recreational use of Spice or Mamba, or that we should advocate such use of any cannabis-derived product. Nor do I believe that legislating for medicinal cannabis means logically that we should legislate to allow recreational use, or to allow for those who believe that they can self-medicate.

We need to ensure that doctors understand the limitations of the change in legislation and can prescribe to someone whose case they know well and who is not responding to other conventional drugs. We need to ensure that people understand that the change in legislation does not give them carte blanche to grow their own plants. Finally, we need to ensure that children like Sophia Gibson who had no quality of life before medicinal cannabis was available can access medication that will enhance their life, as it has clearly done for Sophia, so that they can have a birthday party without ending up in hospital, attend school without having to drop out because they are not well, and have a semblance of normality. That is what I support and will continue to support, and there is a very clear difference between the two.

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Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

I thank the hon. Gentleman for that, and I send my best to the family, who showed enormous patience and dignity throughout a very difficult situation.

This has been a good debate, and I congratulate my hon. Friend the Member for Mansfield (Ben Bradley) on bringing the issue back before the House with persistence and tenacity. He is entirely right to do so. He described this as a serious national problem, and I do not think he is wrong about that. Statistics can be misleading. One might be lulled into thinking that synthetic cannabinoids are not a significant national problem by the statistic that less than 0.5% of 16 to 59-year-olds in England and Wales reported using a new psychoactive substance in the past year, which is broadly the same as the year before; it might seem a small number. However, as the hon. Member for Swansea East (Carolyn Harris) pointed out, there is another number. There were 24 deaths related to synthetics in England and Wales in 2017. That is a terrible number to put alongside the evidence that has come, loud and clear, from Stoke, Chesterfield, Mansfield, Torbay and Wales, that the issue we are discussing causes real anxiety across the country. It confronts people with the terrible reality of its impact on some of the most vulnerable individuals in our communities, for whom, as my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) and the hon. Member for Stoke-on-Trent North (Ruth Smeeth) pointed out, £2 buys oblivion and a dehumanised state. We do not yet have that problem in Ruislip, Northwood or Pinner, but I have seen it with my own eyes on the streets of Newcastle, and it is a shocking and unsettling sight, which we do not want in our town centres, for all the reasons that Members of Parliament have powerfully articulated here today. As Members have said, the evolution of generations of such drugs is fast-moving and a major challenge.

I would like to assure the House that we are prioritising the issue, and I will set out some evidence for that. However, I remind the hon. Member for Stoke-on-Trent North in particular that I get the urgency of the issue, and I will close with some remarks taking us forward a bit. We are prioritising the problem—the groundbreaking Psychoactive Substances Act 2016 was a substantial piece of legislation. I confirm, in response to my hon. Friend the Member for Mansfield, that we shall publish our review of it before the end of November. However, as I have said in previous debates, there is evidence that the Act has had a powerful effect in removing new psychoactive substances from open sale and ending the game of cat and mouse between Government and backstreet chemists. Significantly, 300 retailers across the UK have closed down and are no longer selling the substances. Suppliers have been arrested, there has been action by the National Crime Agency to remove psychoactive substances and, in 2016, there were 28 convictions in England and Wales, with seven people jailed under the new powers. That rose to 152 convictions in 2017, with 62 people immediately sent to custody. In parallel with that legislation, three separate sets of controls on the progressive generations of synthetic cannabinoids have been introduced, in 2009, 2012 and 2016.

Kevin Foster Portrait Kevin Foster
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The Minister referred to the 2016 Act. I can reassure him that there used to be two head shops in Torquay town centre, but both have closed following that legislation.

Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

I thank my hon. Friend for that helpful contribution. I think that we can be clear, subject to what is in the review at the end of the month, that that groundbreaking legislation has had an effect. I can also point out targeted action by the Government, concentrated on areas where we know usage is especially high.

Leaving the EU: Rights of EU Citizens

Kevin Foster Excerpts
Monday 5th November 2018

(5 years, 9 months ago)

Commons Chamber
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Caroline Nokes Portrait Caroline Nokes
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The Government will bring forward their plans to end free movement as soon as possible.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
- Hansard - -

Many EU citizens in Torbay will be listening to this debate and wondering what the future is for them. Does the Minister agree that they should be reassured that although the Government’s goal is to get a deal, if they do not, EU citizens’ rights will be protected, so they should dismiss some of the scaremongering that we have heard?

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

One of the most important parts of that guarantee is to demonstrate that we are already putting EU citizens through the settled status scheme. We have opened it up to a much larger cohort and, between now and the end of the year, in the region of 250,000 to 350,000 people will be eligible to go through the scheme. I should say that I do not anticipate our hitting that level of numbers, but we will be able to test the scheme at an enormous scale. It is important that we have made that commitment and we want EU citizens to stay.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Kevin Foster Excerpts
Tim Loughton Portrait Tim Loughton
- Hansard - - - Excerpts

My hon. Friend is right. This Bill is about civil partnerships, which are a different sort of relationship. I know the issue is fraught with all sorts of nuances, but my original point stands.

Just this week, the Government announced that primary legislation could be introduced to prescribe food labelling in the light of the recent death of a customer of Pret a Manger and that those measures could be in place by next summer. No Supreme Court ruling hangs over that problem with the law, so why cannot we achieve today the change under discussion with the new clause to my Bill? If the Government allowed the amended Bill to proceed, they would send a strong and reassuring message about their real intent and put their money where their mouth is.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
- Hansard - -

Will my hon. Friend give way?

Tim Loughton Portrait Tim Loughton
- Hansard - - - Excerpts

I will give way for the very last time, and then I will conclude my remarks.

Kevin Foster Portrait Kevin Foster
- Hansard - -

Like my hon. Friend, I am keen for the provisions in the Bill to be introduced. Will he outline briefly why his new clause only covers provisions on civil partnerships when, for example, we have been waiting to get mothers’ names on marriage certificates for many years?

Tim Loughton Portrait Tim Loughton
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My hon. Friend pre-empts my closing remarks. If there is a problem getting this Bill through the House, it must be one of the most complicated private Member’s Bills there has ever been, which is my fault. It so happens, however, that all four tenets of the Bill are now Government policy, so there should not be a problem. We still have some way to go before, hopefully, the Bill passes to another place and becomes subject to the vagaries there. If we do not get there, there is the important issue of adding mothers’ names to wedding certificates—that has been an anomaly since the reign of Queen Victoria and should have been addressed ages ago. Now at last we can do it.

The Bill contains important provisions on allowing coroners to look into certain stillbirths, and again, huge cross-party support for that has been aired on many occasions. There are also other important matters regarding how we view stillbirths before the 24-week gestation period. This Bill is not just about civil partnerships; it is about a whole load of other things for which there is widespread support. I hope that the Government will see that the new clause is well intended and will hold the feet of officials to the fire as they work long hours to get this legislation through. It is achievable. I have tabled new clause 1 in the spirit of being helpful to the Government in achieving equality. Consequential amendment 1 has now become redundant, because it is now Government policy to allow civil partnerships, and the new clause will ensure that we get on with it.

Immigration: DNA Tests

Kevin Foster Excerpts
1st reading: House of Commons
Thursday 25th October 2018

(5 years, 10 months ago)

Commons Chamber
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Sajid Javid Portrait Sajid Javid
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I agree, and that is why I decided to publish and put in the Library for the whole House to see the internal review that has already been done and was commissioned within days. That is why I will be writing to the Home Affairs Committee today as well, and no doubt there will be future opportunities to keep the House updated, whether by me, the Minister for Immigration or another Minister.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I welcome the Home Secretary’s openness and bluntness in his statement. DNA evidence will clearly be useful in cases when people have come from areas of conflict and other forms of records might no longer be available. How will he look to set out to those who are looking to apply for immigration status in this country how DNA evidence will help them, but is not required to be provided by them?

Sajid Javid Portrait Sajid Javid
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My hon. Friend is right to raise that point. Let me refer again to the scheme to help Afghan nationals. Afghanistan is a good example of a clear conflict zone. Many Afghan nationals, such as interpreters, help British forces, and we owe them a duty of respect and have a responsibility to them. I had already made changes a few months ago to welcome more of them to settle in our country, if they wish, and from a safety point of view we must help in such cases. Under that scheme, they should not have been told that this was mandatory. Once the system is explained, people might believe that providing DNA will help them and then choose to do so. In those cases involving Afghan nationals from that conflict zone, given the work they did for this country, we can even look to pay for that, but the key point is that the process should always be optional for them.