Business Rates and Levelling Up

Debate between Kevin Foster and Victoria Atkins

Tuesday 13th December 2022 Westminster Hall

[The Financial Secretary to the Treasury (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Mundell, and I congratulate my hon. Friend the Member for Waveney (Peter Aldous) on securing this important debate. I am delighted that on our side of the House we have so much of the English coastline represented—I include myself in that, proud as I am to represent the Lincolnshire coastline.

I am also delighted to be joined by the hon. Member for Strangford (Jim Shannon). I had many a happy time sailing in the famous Strangford lough in my childhood, and I know how important tourism and hospitality is to his constituency. I thank him for sharing his Northern Irish perspective, as he always does.

I hope colleagues are aware that the Government announced a significant support package for business rates in the autumn statement, and I welcome the opportunity to set that out. I also welcome the opportunity to discuss the substantial reforms to which we have already committed, which will make the business rates system fairer and more responsive to changes in the market. We have heard the concerns expressed about the status quo not just by hon. Members today, but by businesses in previous years. I will address some of those concerns and emphasise our keenness to make changes where appropriate.

Forgive me if first I go back to basics. The importance of business rates to public finances is perhaps lost in the understandable concerns raised about the impact on constituency businesses. Taxes on commercial property remain an important part of a fair and balanced business taxation system. Most advanced economies, including most OECD members, have a business property tax. Business rates raise over £20 billion a year in England alone. That money goes to fund vital public services—a priority that the Chancellor emphasised again and again in the autumn statement. Put simply, we do not believe that there is an alternative with widespread support that would raise sufficient revenue to replace business rates. For those reasons, we do not consider there is merit in a radical overhaul or abolition of business rates, but we have delivered meaningful change to improve the system and have continued to conduct several reviews on the issue. Those reviews reaffirmed the importance of business rates and concluded that they have several key advantages over other taxes. They are relatively easy to collect and hard to avoid, with a collection rate of around 98%, making them a vital and stable source of funding for local services.

My hon. Friend the Member for Waveney suggested that the current tax rate discourages investment in new spaces and expansion of existing spaces, but there is little evidence of structural issues in property investment in the UK. As he would expect, we keep a close eye on that. We have the highest share of investment going to non-residential buildings of any member of the G7. We recognise the valuable role that businesses play in our economy and we have taken action to support them through the business rates system.

[Kevin Foster]

I find the Minister’s response interesting. She talks about the investment in commercial property—for example, we are seeing £140 million of investment in Torbay hotels. The issue is not so much the overall level of investment in commercial property, but the specific locations. We might have 34 million seafront hotels in Paignton, but in the town centre, which was once the main focus for the collection of business rates, we are struggling to get anywhere. Does she think there might be a link?

[Victoria Atkins]

Goodness me, I would not pretend to have an intimate knowledge of the economics of Torbay. My hon. Friend knows his constituency extremely well, but the realistic fact is that businesses in his high street have to pay taxes of some sort. That is why we have tried to mould the business rate support package to help the businesses that need it the most, which we recognise are those in the retail, hospitality and leisure industry. I will come on to that particular support, which is a very generous package that I hope will be of great benefit to businesses in his constituency.

We have a duty to ensure that the business rates system is fair and responsive, while raising sufficient revenue to support the public services that I have already talked about. Since 2017, when the Government doubled the 100% small business rate relief rateable value threshold from £6,000 to £12,000, a third of properties in England have paid no business rates whatever. In my own constituency, I know of many properties in my market towns that pay no business rates precisely because of that protection and they are, I hope, thriving as best they can as a result.

The Government provided £16 billion in business rates relief for the retail, hospitality and leisure sectors during the pandemic because it was such a difficult time for them when the economy was essentially closed down. That was an unprecedented level of support for the high street, on which so many communities depend. From my own constituency, I know how vital that support was in keeping businesses’ heads above water during the lockdowns. The Government also provided a £1.5 billion covid additional relief fund for businesses that were affected by the pandemic but which were not eligible for other reliefs. Local authorities, due to their knowledge of their local areas, were responsible for designing and establishing those schemes. Progress has been in line with our expectations, and final distribution data will be published on gov.uk shortly.

As the Chancellor stated in the autumn statement last month, it is an important principle that revaluations should reflect market values. Hon. Members have emphasised that point during the debate. The 2023 revaluation will therefore go ahead. From April 2023, all rateable values will be updated for all non-domestic properties, with evidence from April 2021. This will mean initial bills will reflect changes in market conditions since 2015, and will ensure a fairer distribution of the tax burden between online and physical retail.

The hon. Member for Strangford asked me why the Government have not introduced an online sales tax. He will know that we launched a consultation on the issue earlier this year. We received many responses, which will shortly be published, but it is fair to say that there was not unanimity. Indeed, there was not even agreement—I would not put it as highly as that—as to what such a tax should look like, because many of even the smallest businesses on the high streets of our constituencies now have some form of online presence. It may not be the main part of their business—that may be the shop—but, understandably and laudably in the 21st century, they are trying to diversify by having an online business.

Nobody could quite see how we could differentiate between the enormous multinationals that we are all keen to ensure pay taxes and those microbusinesses that my hon. Friend the Member for Waveney described so well. That is why in the autumn statement the Chancellor decided against an online sales tax, with the important caveat that the changes we are making to business rates, including with the revaluations, will mean that the distribution warehouses, which supply the multinationals that we are all keen to ensure pay their proper taxes, will see significant rises in their bills while we also protect the shops and microbusinesses to which he referred.

Oral Answers to Questions

Debate between Kevin Foster and Victoria Atkins

Monday 1st April 2019 Commons Chamber

[Victoria Atkins]

I thank the hon. Gentleman for his question. He will know how vital the work of the GLAA is to tackling modern slavery. I am working with my ministerial colleague to ensure that the situation he describes does not occur.

[Kevin Foster (Torbay) (Con)]

For many victims of domestic violence, the mental and psychological abuse they are subject to has the biggest impact on their lives. What steps is the Minister taking to ensure that that aspect of domestic abuse is tackled?

[Victoria Atkins]

I am grateful to my hon. Friend for raising that point; often, the emotional and mental effects of domestic abuse can be just as harmful as the physical effects. That is why we are including those forms of abuse in the statutory definition of domestic abuse in the draft Domestic Abuse Bill. In addition, we are ensuring that the coercive and controlling behaviour offence, which we introduced in 2015, is still appropriate in this day and age.

Emergency Summit on Knife Crime

Debate between Kevin Foster and Victoria Atkins

Friday 22nd March 2019 Commons Chamber

[Victoria Atkins]

We are working through the details of how the £100 million is to be spent and sent out. Last week, we listened to police and crime commissioners, who put forward some interesting suggestions, and it would only be right for us to consider those suggestions carefully. The structure of the allocations is also being worked through. I have ideas as to how we will communicate information on the summit to the House. I am clear that this is an important topic for the House to hear about, and we will be letting the House know through a variety of channels.

[Kevin Foster (Torbay) (Con)]

I welcome the Minister to the Dispatch Box for an urgent question for, I think, the third time this week. Devon and Cornwall police have been working on a knife amnesty, which has had some success, although we are still awaiting the final figures. Will she reassure me that the Government will press ahead in working with local forces regarding the powers in the Offensive Weapons Bill? Once those powers are on the statute book, the Minister will have to work closely with police and crime commissioners and chief constables to ensure that they are used to their best effect.

[Victoria Atkins]

This is another example of the use of the PCCs meeting last week. Alison Hernandez, the police and crime commissioner covering my hon. Friend’s constituency, explained to us that she was using what I think she called parent care contracts to include parents in the conversation about preventing knife crime in the local community. Such ideas are really interesting, and other police and crime commissioners were interested to hear about them. We will make a real difference in communities across the country through that collaborative approach.

Child Sexual Exploitation Victims: Criminal Records

Debate between Kevin Foster and Victoria Atkins

Tuesday 19th March 2019 Commons Chamber

[Victoria Atkins]

I am grateful to the hon. Gentleman for his question. As I have said, we are investing in innovative projects through the police transformation fund, which will help. The point of the child house is that it brings together all the agencies that may be able to help to look after a child. There is also a great deal of work going on in policing to ensure that children are intervened on before harm happens, and this includes helping to fund regional organised crime units to increase the undercover online capability, which we know is being used to target the online grooming of children.

[Kevin Foster (Torbay) (Con)]

The victims of child sexual exploitation have the ability to choose taken away from them in so many aspects of their lives, including with regard to behaviour that can potentially lead to them picking up offences. Does the Minister agree that it is important to promote the ways in which such situations can currently be reviewed, pending the introduction of a system that could help take away the lifetime legacy of offences that those victims did not really have freedom of choice about committing?

[Victoria Atkins]

My hon. Friend puts it most eloquently. This is, of course, something that we will be very much taking into account as we look at the judgment of the Supreme Court and any other ongoing judgments as well.

Oral Answers to Questions

Debate between Kevin Foster and Victoria Atkins

Thursday 7th February 2019 Commons Chamber

[Victoria Atkins]

I am so grateful to the hon. Lady for raising this subject, because women are just as capable as men at firefighting. I hope that we at some point see a revised version of Fireman Sam, because we know from social media campaigns that children grow up expecting firefighters to be male, which limits their expectations and perhaps cuts their career opportunities as they go through school and into training. The message from this Government is very clear: we absolutely welcome female firefighters, and we will work with Women in the Fire Service to ensure that we get more women helping to protect our communities.

[Kevin Foster (Torbay) (Con)]

As a former member of the national fire service management committee of the Local Government Association, it has been a pleasure for me to see how the culture in the fire service has changed over recent years, but there is still a need to tackle the perception that being a firefighter is a job for a man. Will the Minister therefore welcome the efforts being made by fire authorities such as Devon and Somerset and the West Midlands to promote the message strongly that it is a job that anyone can do?

[Victoria Atkins]

Very much so—I welcome the work of the fire authorities that my hon. Friend mentioned. I note that we have five fire and rescue services headed by women, including, of course, here in London, where Dany Cotton has had to deal with extraordinary events in her tenure as chief. That, I hope, is another piece in the jigsaw of evidence that proves that women can be just as good at fighting fires as men.

Stalking Protection Bill

Debate between Kevin Foster and Victoria Atkins

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Kevin Foster]

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]

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]

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]

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

Offensive Weapons Bill (Tenth sitting)

Debate between Kevin Foster and Victoria Atkins

Tuesday 11th September 2018 Public Bill Committees

[Victoria Atkins]

I am extremely grateful to my hon. Friend—in more ways than he could possibly know—for making that point. I know how much work he has done in his constituency, not only to understand the depth of this problem locally but to help law enforcement, and others, in his local area to meet the needs of the local community.

My hon. Friend is right. In due course, we will come on to measures such as cabinets. However, we have been very keen to ensure that if retailers sign up to the voluntary code, they can use measures such as ensuring that their displays help us in tackling this terrible crime.

[Kevin Foster (Torbay) (Con)]

I thank the Minister for giving way. Of course, she will know of my own background in local government. At times, I had responsibility for Coventry City Council’s legal services, which regularly carried out entrapment—some people call it that, but test purchases is the best way of putting it, dealing with those people who wish to sell products to under-18s that are not suitable for them.

Does she agree that, in considering such things, there would at least have to be some discussion with the Local Government Association beforehand, given the potential burden placed on councils, although I suspect that they would be keen to do this kind of work? That is why we also need to have the same age restrictions as we have for alcohol and other products, so that there would not have to be the same exercise by an enforcement officer for different ages.

[Victoria Atkins]

I am extremely grateful to my hon. Friend for the expertise that he brings to the Committee and I also thank him for his point about age. We have seen the complexity of the law in this area in general. I very much understood why the right hon. Member for East Ham tabled an amendment on age and the purchase of corrosives, to try to ensure that trading standards officers could apply the law in a meaningful way on the ground, but this complexity was one of the reasons we felt unable to support it.

I have an answer on whether section 222 can be used—confirmation, it is fair to say, of what I have said already to the Committee. The section does not appear to be restricted. Indeed, we are told that it has been used by trading standards previously for age-restricted products. I hope that satisfies the Committee, and for the reasons that I have given I hope that the right hon. Gentleman can withdraw the new clause.

--- Later in debate ---

[Kevin Foster]

I am conscious that the Minister may be about to get official advice, but does she agree that one of the reasons for the threshold might be to ensure that no one was innocently caught out? To do that, it would have to be set at a level that was clearly well beyond that, at a point where a jury would be only too happy to convict someone and could be beyond reasonable doubt that that person clearly had no good reason to be passing the ammunition on, other than to avoid firearms legislation.

[Victoria Atkins]

That is a very interesting suggestion. The explosives regulations also come to mind, because the limit on holding gunpowder is set by those regulations, and these are the limits set by those regulations. I will take away the suggestion that perhaps the regulations need to be looked at to ensure that they meet the public safety test and expectations that we all have. That will be consistent with us keeping firearms law under review, as always, and examining any significant vulnerabilities that are brought to our attention. I hope the hon. Member for Sheffield, Heeley will withdraw her amendment.

Offensive Weapons Bill (Ninth sitting)

Debate between Kevin Foster and Victoria Atkins

Tuesday 11th September 2018 Public Bill Committees

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Gapes.

It is widely acknowledged that the United Kingdom has some of the strongest gun controls in the world. Nevertheless, it is important to keep those controls under review. Clause 28 seeks to strengthen the controls on two specific types of powerful rapid-fire rifles. Both are currently available for civilian use or ownership under general licensing arrangements administered by the police under section 1 of the Firearms Act 1968, which means they can be owned only by somebody who has a firearms certificate for which they have been vetted. However, following advice from experts in the law enforcement agencies, we believe it is important to take action to ensure that the controls around these weapons are tightened.

One option is to add these weapons to the list of prohibited firearms provided for in section 5 of the 1968 Act. Such weapons are subject to more rigorous controls than other firearms and may be possessed only with the authority of the Secretary of State. All firearms are by their very nature potentially lethal, but these two types are significantly more powerful than other firearms permitted for civilian ownership under section 1 of the 1968 Act. It is not our intention to unnecessarily restrict the lawful use of firearms, such as for legitimate sporting purposes; however, we are concerned about recent rises in gun crime and the changing threats and heightened risk to public safety.

As my right hon. Friend the Home Secretary explained at the start of Second Reading, the proposals were based on concerns about the potential for serious misuse of these weapons if they were to fall into the hands of criminals or terrorists. That is not to say that there is an imminent threat that they are about to be used by them, but in view of the threat assessment received, the Government have a clear duty to consider the need for these particular types of firearms to be more strictly controlled. However, the Government also recognise that the vast majority of people in lawful possession of firearms use them responsibly and that any controls need to be proportionate. In line with the undertaking given by my right hon. Friend the Home Secretary, we should continue to listen and consider further whether there are other effective alternatives to banning high-powered rifles, such as requiring enhanced security for their storage and use.

Turning to MARS rifles, as they have been called, or rapid-fire rifles, our focus is on weapons that can discharge rounds at a much faster rate than conventional bolt-action rifles, which are permitted under licence and are normally operated manually with an up and back, forward and down motion. The definition refers to the use of the energy from the propellant gas to extract the empty cartridge cases. That brings them much closer to self-loading rifles, which are already prohibited for civilian ownership under section 5 of the Firearms Act. Indeed, the National Ballistics Intelligence Service witness who gave evidence to the Committee, Mr Taylor, described them as being designed to “get around” the UK’s firearms legislation. That is why this measure is in the Bill.

The other change we propose to make to section 5 of the 1968 Act relates to bump stocks. Bump stocks were used in the Las Vegas shootings on 1 October 2017, in which 58 people were killed and more than 800 injured. The gunman used them to significantly increase the rate of fire of his self-loading rifles. The Government responded quickly to the shooting by placing an import ban on bump stocks from 4 December 2017. There are no legitimate uses for bump stocks and we do not think there are any in the UK. The import ban is designed to keep it that way.

[Kevin Foster (Torbay) (Con)]

I completely support the proposals for banning bump stocks, which have absolutely no legitimate purpose, but we should also be clear that the weapons used in Las Vegas are already illegal under our law. It obviously makes sense to make bump stocks illegal under our current legislation as well.

[Victoria Atkins]

My hon. Friend is quite right; this is about ensuring that we go further and control the manufacture and possession of bump stocks, which are already controlled in terms of importation, because we acknowledge that there is a criminal underworld. We want to make it absolutely clear to those indulging in that sort of activity—and to give powers to the police—that if they are found in possession of a bump stock, that in itself is an offence, let alone all the other offences that that person might be being investigated for. That is what the clause aims to do. It will make the unlawful possession, purchase, manufacture and sale of a bump stock subject to a maximum of 10 years’ imprisonment and a minimum sentence for adults of five years’ imprisonment.

The hon. Member for Sheffield, Heeley asked me about .22 self-loading rimfire rifles. The lever action will be banned only if they meet the definition. The classic lever-action rifle seen in western films will not be caught; those that use a small lever next to the trigger will be. It is not our intention to ban .22 self-loading rimfire rifles, which, like all rifles and firearms, have the potential for danger, but are less powerful and are used extensively for pest control.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Clause 29

Prohibition of certain firearms etc: Northern Ireland

Question proposed, That the clause stand part of the Bill.

Offensive Weapons Bill (Seventh sitting)

Debate between Kevin Foster and Victoria Atkins

Committee Debate: 7th sitting: House of Commons
Thursday 6th September 2018 Public Bill Committees

[Victoria Atkins]

If a blade is less than 3 inches, it is excluded from both definitions and as an article under CJA 1988. Some scissors are; some are not.

[Kevin Foster (Torbay) (Con)]

I thank the Minister for the way she is responding. I am struggling to think of a pre-packed men’s razor over 3 inches apart from traditional cut-throat razors, for which, to be blunt, there should be a separate regime. I do not really see the difficulty with what the Minister says.

[Victoria Atkins]

Precisely. We have tried to acknowledge the different ways in which we rely on blades in day-to-day life. We know children do not go out with encased razors to threaten people on the street. They use knives, clearly. That is what the definition seeks to clarify. If Opposition Members had a yearning to buy a pair of scissors with blades longer than 3 inches, they could do so—they would just have to go to the post office to pick it up. That is the point.

If we did not have such a system, the seller could do everything they were supposed to do to check age at the point of sale, but the item may be put through the letterbox anyway and get into the hands of someone under 18. We know that has happened; we just want to stop it happening again. Again, I do not pretend that this is a magic solution that will solve all knife crime, but we are trying to build a journey for bladed articles and products that makes it substantially more difficult for young people, if they are so minded, to get around the measures that retailers take when selling them.

The condition that such articles cannot be delivered to a locker is also important. The clause is about deterring young people from trying to buy such articles online and getting around the law.

[Victoria Atkins]

It is actually because the Government are trying to help post office workers by not making them criminally liable for handing over a package when all they are doing is their job and when they have had no involvement in the act of purchasing. Indeed, we have been in a great deal of discussion with delivery companies, including Royal Mail, about how together we can ensure that the Bill’s intentions are met in a way that balances the risks regarding young people with not placing post office workers, delivery drivers and so on under such a level of criminal liability. If the retailer has not done its job, I would feel uncomfortable about putting that duty on post office workers.

[Kevin Foster]

Will the Minister reflect on the fact that a range of age-related products—films and other things—are already successfully delivered with enforcement arrangements and that similar principles could be applied in this area? Actually, even in the most rural of locations there is usually a post office not a million miles away where an urgently needed product can be collected.

Offensive Weapons Bill (Eighth sitting)

Debate between Kevin Foster and Victoria Atkins

Committee Debate: 8th sitting: House of Commons
Thursday 6th September 2018 Public Bill Committees

[Victoria Atkins]

Thank you, Mr Gray. I went back to the definition in the Bill, and the specification of the size of the blade relates to folding pocket knives only, so the example of the kitchen scissors would fall under this legislation. I hope that clarifies that.

I appreciate that this is a complication that people setting up home or adding to their cutlery drawer have not had to contend with before, but with this Bill we are trying to stop young people from finding a way of getting hold of these sharp products online. I hope that if members of the public order their kitchen scissors or whatever, they will be able to pick them up at the post office or, if they have ordered through a shop that has branches across the country, they can go and pick them there up at some point.

[Kevin Foster (Torbay) (Con)]

Personally, I find the definition in this clause very clear, in terms of both the blade and its capacity to cause serious injury, which deals with some of the more minor points we heard earlier. Does the Minister agree that not that long ago to buy any of these products one would have had to go to a shop or a hardware store, so it is not the greatest of suffering in an area that would not have had those stores to head to the local post office to pick up those items, if needed?

--- Later in debate ---

[Victoria Atkins]

The hon. Lady will understand that there are a great many discussions ongoing with Northern Ireland. The fact that the Assembly is not in action in Northern Ireland complicates our passing legislation not just in this context but in others.

[Kevin Foster]

Is the Minister aware of the particularly significant trade in bladed items across the border between Donegal and County Londonderry? There are particularly large knife-selling businesses located there. On body corporates, surely it is highly unlikely that someone would send a personal courier with a weapon. Quite bluntly, if they did, I would like to see that person stopped at the border.

[Victoria Atkins]

My hon. Friend persists in popping little interesting and sometimes amusing comments into the debate. I am not personally aware of the online knife market between the Republic and Northern Ireland, but if my hon. Friend is suggesting a Committee trip to the emerald isle to explore that, perhaps he will have some support. He is right about body corporates; we are trying to get at the businesses that do the bulk of the delivery work in this country to try to secure their assistance with the aim of the Bill. I am told that there have been discussions with officials in the Department of Justice in Northern Ireland. There have not been discussions with officials in the Republic, but I am happy to take that away.

Offensive Weapons Bill (Fifth sitting)

Debate between Kevin Foster and Victoria Atkins

Tuesday 4th September 2018 Public Bill Committees

[Victoria Atkins]

I am extremely grateful to the right hon. Member for East Ham for tabling this amendment and to the hon. Member for Sheffield, Heeley—to whom I might have referred incorrectly as the Member for Sheffield, Hallam, for which I apologise. I have found him to be a great source of information, and we have discussed this issue a great deal since I was made a Minister. I completely understand the spirit in which he tables these amendments, but it is difficult; he knows, from the discussions we have had, the difficulties that there are.

Before I turn to the amendments, it might be worth reminding the Committee of the evidence on the involvement of young people in acid attacks. The right hon. Gentleman set out the average ages thus far. The latest published information goes up to April 2017; we will no doubt discuss in due course how we can improve the availability of this information, given that we know the range of attacks. He said that 21% of acid or corrosive substance attacks recorded by the police up to April 2017 were perpetrated by people under the age of 18, where the age was known. We do not have statistics on how many attacks were committed by those over 18 but under 21, or by those under the age of 25, but more recent information, which the police intend to publish shortly, shows that between April 2017 and April 2018 the average age of those carrying out acid attacks was 23.

I mention that because, as the right hon. Gentleman set out when he was reading out the different years, the ages fluctuate and it is difficult to set an age that would encompass all those average ages. We know that from reports in the media on the most violent offences, for example the terrible case of Arthur Collins in the nightclub in Dalston. He was 25. We must find an age limit at which we can prevent sales that meets the need to protect the public in a way that is not discriminatory and does not affect vast swathes of the population who may be buying these substances for completely legitimate and lawful reasons.

Corrosive substances are not, in themselves, offensive weapons; rather like knives, they have legitimate uses in cleaning products, car batteries and a wide range of hobbies such as metalworking. However, given the attacks and the concerns we all have about them, we believe it is reasonable and proportionate to ban the sale of such substances to those who are under 18. That is what the Bill is intended to do through clause 1 and schedule 1. Under the Bill, there is a defence available to a seller who has taken “reasonable precautions” and exercised due diligence in avoiding selling to a person aged under 18. However, I should say to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East—or the hon. Member for the SNP, as he is being called—that the defences in Scotland are slightly different from those that apply in the rest of the United Kingdom. Clause 2 applies further conditions on online sales that must be met if the seller wants to rely on the defence. Finally, clause 4 makes it an offence for a delivery company in the UK acting on behalf of a seller overseas to deliver corrosive products to someone in this country aged under 18.

The amendments in this group seek to raise that age from 18 to 21, and amendment 53 seeks to replicate that for bladed articles. Most products are age-limited with regard to under-18s because that is the internationally recognised age of the child. The effect of the amendments would be to introduce a new age limit, which would mean that restrictions on the sale of corrosives and bladed articles were out of step with those for other age-limited items, such as alcohol.

We heard evidence from witnesses from the British Retail Consortium and the British Independent Retailers Association before recess. They foresaw the difficulties that having different age limits for different products might pose for retailers—particularly small retailers—and their staff. Concerns have been raised about the risk of abuse and assault of shop workers, and we bear that in mind in that balancing act on the age range. We also fear that any increase in the age limit to 21 may well be challenged as an unjustifiable discrimination on the grounds of age, particularly when we think of the fluctuation in the average age of perpetrators, as we discussed earlier.

[Kevin Foster (Torbay) (Con)]

I have listened to the Minister with interest. She mentioned the issue for shopkeepers. I was formerly a deputy leader of a council responsible for enforcing some of those age limits. When the age limit was 16 for tobacco and 18 for alcohol, separate enforcement operations had to be run, whereas when the age limits were unified at 18, the same enforcement operation could deal with all those products. That suggests, as the witnesses said in answer to some of my questions, that 18 is the logical age to set for this area.

[Victoria Atkins]

That is an extremely interesting point and I am grateful, as ever, to my hon. Friend for bringing his professional expertise into Committee.

I hope Opposition Members understand that we have considered this very carefully and have had to weigh up the pros and cons of the age limits as they are. We argue that, although having restrictions against under-18s is also arguably discriminatory, if one takes a libertarian view about these things, it is justified because it replicates measures already in place to deal with knives. It is justified both on public safety grounds and because of the need to safeguard children. As I have said, corrosive products are not, in themselves, weapons, so we have come to the conclusion that there is not the evidence to justify excluding adults from being able to buy such products for legitimate purposes.

Raising the age limit for purchasing bladed articles would raise even more of an issue, because it would mean that adults—as recognised by law in this country—could not be sold products that they need to lead their daily lives. It would mean that a 20-year-old chef or carpenter could not buy the items needed to do their job. It would mean that adults could not be sold table or bread knives or certain types of gardening equipment.

This is particularly pertinent at this time of year. Over the next few weeks, thousands of students will go to university for the first time and will be setting up their flats or halls of residence, and they will perhaps buy some of those kits of pots, pans, crockery and knives that I see collected together in shops around the country. We get the sense that these people are probably over the age of 18 and trying to set up home for the first time, and the amendment would mean that those 18, 19 and 20-year-olds would not be able to set up home as they can now.

Knives and other bladed articles have thousands of legitimate uses, and restricting their sale to those aged over 21 would have a disproportionate impact on the vast majority of law-abiding adults in this country. It would also have implications for online retailers and delivery companies, because many online age verification systems, such as the electoral roll system, will not identify whether someone is under 21. It would mean that products ordered from overseas could only be handed over to a person who could prove that they were over 21 by producing a passport or driving licence, which not all members of the public have. It would also have implications for the operation of the Poisons Act 1972 and who can apply for an explosives precursor and poisons licence. For those reasons, we will resist the amendments.

As a footnote, I assure the Committee that we will continue to work with retailers on putting in place Challenge 21-type schemes of the sort that many retailers already have for the sale of alcohol. Our voluntary agreements on the sale of knives and corrosives have proven to be popular schemes for retailers. We believe that through these sorts of measures, which educate the public while also helping shop owners by giving them the confidence to challenge, we will help to address some of the terrible cases that the right hon. Member for East Ham set out. We will therefore resist the amendments. Alternatively, I invite the right hon. Gentleman to withdraw his amendment.

G4S: Immigration Removal Centres

Debate between Kevin Foster and Victoria Atkins

Tuesday 8th May 2018 Commons Chamber

[Victoria Atkins]

The hon. Gentleman talks about simply taking matters back in-house, but we have to acknowledge the complexity of providing services to people who often have vulnerabilities. When these people are in the centres, they may well be pursuing live claims on their immigration status themselves. Given the need to continue to provide these services at the standards that we expect, the view was taken that we would extend the current contract by two years, thus enabling a proper procurement process to occur in the light of the two reviews and allowing a decision on the next contract to be taken in good time and with care.

[Kevin Foster (Torbay) (Con)]

Where there is bad practice, it is of course important that staff who witness it feel empowered to speak out. How has the Minister satisfied herself that G4S has appropriate whistleblowing procedures in place to allow that to happen?

[Victoria Atkins]

The need for G4S drastically to improve its whistleblowing procedures was part of the action plan. As I have set out already, G4S has taken various steps, including embedding the culture of making available telephone numbers that enable people to raise their concerns confidentially and training staff to be “speak out” champions—promoting and embedding the expectation that staff will speak out. In addition, body-worn cameras help to take the burden from people who may be worried about reporting. Of course, the independent monitoring board has an important role in ensuring that there are people who inspect and are monitoring the behaviour of the staff and organisations in this world.

Oral Answers to Questions

Debate between Kevin Foster and Victoria Atkins

Monday 26th February 2018 Commons Chamber

[Victoria Atkins]

Very much so. This is obviously a matter for review and for police and crime commissioners and local police forces to look at in their own local areas. We have changed the late-night levy to try to make it more flexible and targeted, so that district councils and others can use it for the areas that present the most harm in terms of the night-time economy.

[Kevin Foster (Torbay) (Con)]

On Saturday night I was out with Inspector Simon Jenkinson and his team seeing how they police Torquay’s night-time economy. Does the Minister agree that it is important that councils work with their local policing teams? Will she agree to meet to discuss how we can review some of the more outdated provisions, such as the Vagrancy Acts, which have a real impact on our night-time economy?

[Victoria Atkins]

Local councils and local policing teams know where the hotspots of trouble can be in their local areas. That is why it is essential that councils and police work together. Of course I would be delighted to meet my hon. Friend to discuss this important issue.

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

Debate between Kevin Foster and Victoria Atkins

2nd reading: House of Commons
Friday 2nd February 2018 Commons Chamber

[Victoria Atkins]

There is a sense of urgency—very much so. If my hon. Friend will forgive me, I will not be drawn into precise time limits because I would not wish to undermine in any way the academic research that will be undertaken, but there is a very great deal of urgency. We hope that we will have a proportionate amount of data from the pieces of work that I have set out by September next year.

I turn to the subject of marriage. In the Home Office, sadly we very often have to deal with the very worst of humanity, so it is a positive pleasure to talk about civil partnerships and marriage, and to celebrate happy and—one hopes—long-lasting relationships. As someone who is very happily married to a long-suffering husband, I know the irritation that can happen at the ceremony when people realise that the marriage certificate does not provide for the inclusion of mothers. The Government fully support the correction of this issue, and I am grateful to my hon. Friend the Member for East Worthing and Shoreham for drawing it forward.

At this point, I should welcome the hon. Member for Lincoln (Karen Lee) to her place on the Opposition Front Bench. Although I have only been a Minister for eight weeks or something like that, may I give her just a little piece of advice? Hearing and judging the tone of the House is a very important role for those on the Front Bench. She will have noticed that there is a great deal of consensus in the Chamber today, so perhaps we did not need to drag the discussion into, “He said”, “She said”, and so on.

The long title of the Bill refers to only mothers being added to certificates. We need to ensure that when the marriage entry is updated it allows for all the different family circumstances in society today—for example, same-sex parents. Indeed, my hon. Friend the Member for Banbury set out the pressures that can be present in family circumstances and the need for marriage certificates to reflect that. We need to make sure that we have a system in place that enables the marriage register to be capable of adapting. My hon. Friend suggested that perhaps people could simply strike through the marriage certificate to include the mother’s name. I implore people not to do that. This is a technical, legal document, and doing so may mean that it is not valid, so the happy couple will have to go through another ceremony. We will work very hard on this.

I thank my hon. Friend the Member for East Worthing and Shoreham for agreeing to amend clause 1 of his Bill in Committee to insert the provisions of the Registration of Marriage (No. 2) Bill in its place. That important Bill is the long-standing work of my right hon. Friend the Member for Meriden (Dame Caroline Spelman), who has been battling for years to have this anomaly in our marriage ceremony and celebrations corrected. I place on record my thanks for her commitment to ensuring that the marriage certificate reflects the important role of both parents.

When the Registration of Marriage (No. 2) Bill is added to this Bill, the provisions will form the way in which marriages are registered in England and Wales, moving from a paper-based system to registration on an electronic register. I know that some will worry immediately about what that means for the all-important photographs that we show off of the end of a happy marriage ceremony. I assure the House that we will still be able to have the photograph of signing a document at the ceremony. Wedding photographers need not worry: brides and grooms will get that all-important photograph with the document and their signatures.

Moving to a schedule system is the most efficient and cost-efficient way of updating the marriage entry. It would be the biggest reform of how marriages are registered since 1837, moving away from the outdated legislation currently in place. To the joy of my colleagues in the Treasury, it will also introduce savings of about £33.8 million over 10 years. Some concern has been raised about the use of Henry VIII powers in the Registration of Marriage (No. 2) Bill. We would be content for the Bill to be amended to include a sunset clause limiting the use of the powers to a period of three years, allowing for the legislation to be amended to introduce a schedule-based system. Once implemented, that would allow for any amendments required to deal with any unintended consequences.

Having dealt with civil partnerships and marriage, I now move on to the subject of registering stillbirths. I must acknowledge the very hard work and commitment of my hon. Friends the Members for Colchester (Will Quince) and for Eddisbury (Antoinette Sandbach), and the hon. Members for Lewisham, Deptford (Vicky Foxcroft) and for Washington and Sunderland West, who have campaigned so effectively to ensure that these losses are felt within this Chamber and that our legislation reflects them as well.

The Government’s ambition is for the health service to provide the safest, highest-quality care available anywhere in the world. I am sure that we would all acknowledge the excellent NHS staff working tirelessly on a daily basis to help us achieve this ambition. Nevertheless, when it does occur—I would like to ensure that Opposition Front Benchers pay due respect to this section of the Bill—the loss of a pregnancy is a heart-rending tragedy for families that stays with them for the rest of their lives. Many of the care considerations for parents experiencing a stillbirth—that is, when a baby is born after 24 weeks’ gestation—will be similar for those experiencing a late miscarriage. Local policies, however, may affect the type and place of care offered or available depending on the gestation when baby loss occurs.

Currently, parents whose babies are stillborn after 24 weeks’ gestation can register the baby’s name and receive a certificate of registration of stillbirth. When a pregnancy ends before 24 weeks’ gestation, however, there is currently no formal process for parents to be able to register their loss legally. Some expectant parents find this to be not just distressing but devastating. The Department of Health and Social Care recognises the need to do more to support families affected by a miscarriage. Some families may want their loss to be acknowledged and registered. Others, however, may feel distressed at any mandatory requirement to do so in the circumstances of their grief. This issue must therefore be approached with great care and sensitivity.

Accordingly, I am pleased that clause 3 will provide for the Government to review this issue and to look at whether current law on registration of stillbirths should be changed to allow for the registration of pregnancy loss before 24 weeks’ gestation. As part of this review, we will seek views and evidence from all interested parties. I hope that colleagues across the House will contribute to that review.

I now move on to coroners’ investigations.

[Kevin Foster (Torbay) (Con)]

May I clarify something before the Minister moves on? My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) made it clear that he did not intend that this Bill would make any change to the provisions on the number of weeks in relation to abortion. Can she confirm that that is the Government’s intention as well?

[Victoria Atkins]

I am extremely grateful to my hon. Friend, who shows his usual attention to detail. The proposals in this Bill do not in any way affect the laws relating to the availability of termination. They simply concern miscarriages in the circumstances we have described today. I thank him for allowing me to clarify that on the record.

I move on to coroners’ investigations. I should declare that in my previous life I worked with the chief coroner, His Honour Judge Mark Lucraft QC. On clause 4, let me first assure the House that the Government agree wholeheartedly with the need to look at the role that coroners could play in this regard. On 28 November last year, my right hon. Friend the Secretary of State for Health and Social Care, as he now is, made a statement in this House about the Government’s maternity safety strategy. This Bill potentially has an important role to play in promoting better outcomes for mothers and babies.

Currently, under the Coroners and Justice Act 2009, coroners do not have jurisdiction to investigate when a baby does not show signs of life independently of its mother. Coroners can commence an investigation if there is doubt as to whether a baby was stillborn or lived independently of its mother, but the investigation stops if the coroner’s inquiries reveal that the baby was stillborn. Clause 4 places a duty on the Secretary of State to prepare and publish a report on whether, and if so how, the law ought to be changed to enable or to require coroners to investigate stillbirths. It also gives the Lord Chancellor a power to make regulations amending part 1 of the Coroners and Justice Act 2009 so as to provide for when, and in what circumstances, coroners will investigate stillbirths.

I realise that the House may have concerns about a power to make regulations in this way, but the safeguards written into the clause will ensure that it is used appropriately. For example, the regulations will be subject to the affirmative resolution procedure, so there will be scrutiny by both Houses, and the regulations cannot be used to create any criminal offences unless the offence has an equivalent in part 1 of the Coroners and Justice Act 2009.

The Government think that it is important to carry out a review and produce a report in this area before making any changes. There are important and sensitive issues to explore, such as the question of how far into a pregnancy coronial involvement should be triggered, and the potential role of other factors, such as violence to the mother or medical negligence. We need to hear a wide range of views, including those of coroners, including the chief coroner, medical professionals, researchers in the field and, of course, bereaved parents and the organisations that support them.

I referred earlier to the statement that my right hon. Friend the Secretary of State for Health and Social Care made in the House last November on the Government’s maternity safety strategy. He set out improvements under way in the NHS, including the newly established Healthcare Safety Investigation Branch, which will investigate 1,000 cases per year of full-term stillbirths, neonatal and maternal deaths, and severe brain injuries during labour, in order to discover what may have gone wrong and to learn lessons. At the same time, he announced that the Government intend to look closely at enabling coroners to investigate stillbirths. My hon. Friend’s Bill today helpfully moves us forward in that regard.

This short Bill has grand ambitions. It deals with the happiest of times—the celebration of love and committed relationships—as well as the saddest of times: the loss of a much-cherished baby. My hon. Friend and others have dealt with the inevitable emotions that arise on such occasions sensitively and powerfully, and I thank them all. The Government want to work with him constructively and thank him for the assurances he has given on clauses 1 and 2. Accordingly, the Government are pleased to be able to support it.