Retail Crime Prevention

Kit Malthouse Excerpts

Tuesday 5th November 2019 Westminster Hall

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

It is a great pleasure to serve under your chairmanship, Mr Betts, albeit in a different forum from the last one we met in. I congratulate the right hon. Member for Delyn (David Hanson) on securing the debate about a matter that he has worked on for some time. He worked closely with my predecessor, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), now the Minister for Safeguarding and Vulnerability, who took the matter seriously. I listened carefully to the contributions of all hon. Members and I will try to address some specific points that were raised.

As I hope hon. Members realise, the Government recognise the significant impact that retail crime has not only on businesses and those who work for them but on shoppers, consumers and the wider community, as we have heard from several hon. Members. That is why we co-chair the national retail crime steering group to bring together the Government, trade organisations and enforcement partners to ensure that the response to crimes affecting the retail sector is as robust as possible. We have seen the benefits that that group can achieve in its recent response to the issue of violence and abuse towards shop workers, which was overseen by my hon. Friend the Minister for Safeguarding and Vulnerability, but we know there is more to do.

The right hon. Member for Delyn raised the issue of violence and abuse toward shop staff. I pay tribute to his work on raising awareness of the issue. I am aware of his discussions with Home Office Ministers on the topic during the passage of the Offensive Weapons Act 2019 in the last parliamentary Session, to which he referred. Violence and abuse remains the biggest concern for retailers and we are determined to tackle it.

Every day, we ask shop workers to deal with whatever comes through their door, whether that involves enforcing an age restriction on certain products or confronting shoplifters. Like anyone else, shop workers have the right to feel safe at work without fear of violence or intimidation. That is why, on 5 April, we launched a call for evidence to inform our response—I thank the right hon. Gentleman for his submission. We sought information on four key areas: prevalence and data, prevention and support, enforcement and the criminal justice system, and best practice.

As was mentioned, the call for evidence closed recently. We received more than 800 responses, including many first-hand accounts from shop staff. Although Home Office officials have completed an initial analysis, we have not yet published our response. That will disappoint hon. Members who referred to it, but we want to ensure that the detailed responses received are subject to a thorough and accurate analysis. Given that Parliament is about to be dissolved, I will take the opportunity to share our initial findings with hon. Members and to reassure them that we are engaging with key organisations to consider the next steps.

An initial analysis of the responses shows a widespread belief that violence and abuse towards shop staff has increased in recent years. The most common reason given was in the context of challenging individuals committing shop theft. Many respondents felt that a lack of a suitable response from the police resulted in offenders not fearing repercussions. Many felt unsupported by their organisation’s policies and management when dealing with verbally abusive customers. A significant number of respondents stated that they felt that incidents were becoming more violent and that they had experienced threats from individuals with knives, needles or other sharp objects.

That is obviously unacceptable. Nobody should be subjected to such violent attacks, especially in the workplace, and I reassure hon. Members that we are keen to take action in those areas, and in some cases, we already are.

[David Hanson]

Before the Minister moves on, is it his gut instinct that, if he were returned, as opposed to my hon. Friend the Member for Swansea East (Carolyn Harris), he would legislate for a stronger legislative solution to the offence?

[Kit Malthouse]

I will come on to that. I am not wholly convinced that we are without the tools that we need to deal with the issue, but we might need to address whether we are using them correctly.

On serious violence, we published the serious violence strategy, which has a particular focus on early intervention, in April 2018, so there has been action in that area. We allocated £22 million to the early intervention youth fund and, in the long term, £200 million to the youth endowment fund to ensure that those most at risk are given the opportunity to turn away from violence and to lead more positive lives. We launched a public consultation on a new multi-agency public health approach to tackling serious violence, following which we announced that we would introduce a new legal duty on statutory agencies to plan and collaborate to prevent and reduce serious violence. We gave the police extra powers to tackle knife crime through the Offensive Weapons Act, including new knife crime prevention orders.

Those wider measures will help, but we recognise the importance of focusing our efforts on measures that are specifically targeted on tackling retail crime. This year, the Home Office provided £60,000 for a targeted communication campaign, led by the Association of Convenience Stores, to raise awareness of the existing legislation to protect shop workers. We published guidance on gov.uk about the use of the impact statement for business, which provides victims with the opportunity to tell the courts about the impact that a crime has had on their businesses. We also worked with the police to develop guidance for staff and retailers to use when reporting emergency and violent incidents.

The right hon. Member for Delyn and other hon. Members have asked the Government to consider introducing a new offence of attacks on shop staff, or to increase the severity of existing offences. I hope that he is aware from previous discussions that powers are already available to the police and the Crown Prosecution Service to deal with that type of offending and to provide protection to retail staff.

There are a number of assault offences and corresponding differences in maximum penalties. At the higher end of the scale, causing grievous bodily harm with intent and wounding with intent carry maximum penalties of life imprisonment. The sentencing guidelines on assault include an aggravating factor of

“offences committed against those working in the public sector or providing a service to the public”,

which should be taken into account by the courts when deciding what sentence to impose and may be applied to retail staff conducting their duties. In addition, the Sentencing Council is reviewing its guidelines on assault. A consultation on the revised guidelines is anticipated in 2020. I advise hon. Members to respond to that consultation with a specific focus on assaults on retail workers.

Let me turn to some of the specific points raised. Several hon. Members called for me to publish the review of the call for evidence as quickly as possible. The fact that we are going into an election will make that quite difficult, but I give my undertaking that, as soon as we come back, if I am in the job, we will try to get it out as quickly as possible. Obviously, the five-week election campaign gives officials a bit of an easier time, so they can digest the responses and get it out as soon as they can.

The hon. Member for Stretford and Urmston (Kate Green) raised the issue of facial recognition technology. Obviously, we are supporting the police as they trial the use of new technology across the country. It has become clear that facial recognition technology has significant crime-fighting possibilities. A recent court case established that there is a sufficient legal framework for its use and operation in this country, but as its use is expanded, possibly by police forces, in the months and years to come, I have no doubt that it will have to come to the House for some sort of democratic examination at some point. Thus far, however, where it is being deployed, we are seeing significant benefits from it.

[Kate Green]

I am pleased that the Minister believes that there will need to be a full debate about facial recognition technology in the House. He will be aware of concerns about personal privacy and the possibility that it is, in some respects, discriminatory against certain groups. If he and his party are returned to government, will he commit to ensuring that the House has an opportunity to have that full debate?

[Kit Malthouse]

There has already been a debate in the House on the use of facial recognition technology, and it is obviously within the purview of Members and Select Committees and others to examine the issue. It has just been through the courts—South Wales Police has been challenged on its use of facial recognition technology, and the courts found the current framework satisfactory. I have no doubt that when we get back from this election there will be an urge for the issue to be debated in the House, given the enormous success that is being seen with facial recognition technology.

The right hon. Member for Delyn raised the issue of local police plans, suggesting that we put pressure on police and crime commissioners to include retail crime in their plans. If this was a pressing issue in the high street, one would hope that the police and crime commissioner would commit to having it in their plan anyway. However, we have created a new National Policing Board, which is looking at systemic issues across the country that should be addressed by the whole policing family in a concerted effort, and one area we are looking at is neighbourhood crime. What we put into that basket has yet to be fully agreed, and I will certainly consider putting retail crime in there.

I am very alive to the connection between drugs and alcohol misuse and the impact on shops and retail crime. First, on alcohol, I hope Members will have noticed that we are planning to roll out alcohol abstinence monitoring orders across the whole country. From memory, we have been given about £22 million to do that. The orders have been very successfully used in Croydon and in a pilot in Yorkshire, Lincolnshire and Humberside recently. They are for low-level offending and those convicted of a crime where alcohol was the compelling factor in its commission. Compliance rates with that disposal are up at 93% or 94%, and there is enormous potential there.

With drugs, we have been given some money to start to combat the awful scourge of county lines, which is causing mayhem in many small towns across the country, not least in my constituency. I hope that when we return after the election we will see even more assertive action on that.

There is more that we can do on treatment and rehabilitation for those who fall into drug addiction. We must look imaginatively at schemes around the world that can be used to divert from offending those who have been convicted of a drug offence and are out in the community on probation. I point Members to a very interesting programme in Hawaii called the HOPE programme—Hawaii’s opportunity probation with enforcement—which I would be very keen to try to establish in this country as a way to deal with people who are low-level offenders because of a drug addiction. That could be managed in a much better way than I think we are managing it at the moment.

A number of Members mentioned the £200 threshold. I hope they are aware that police can still prosecute somebody who steals something worth less than £200.

[Martin Vickers (Cleethorpes) (Con)]

I met Chief Constable Lee Freeman of Humberside Police and raised the £200 threshold. As other Members have pointed out, it causes great concern, particularly to small shopkeepers. He pointed out that the police are flexible in how they interpret the guidance in Humberside. Will the Minister make sure that other forces up and down the country treat the matter in a much more serious way? It is very serious for small shopkeepers. The flexibility that Humberside is showing should be replicated elsewhere.

[Kit Malthouse]

That is exactly right. If a chief constable decrees that it is a problem in their area, it is perfectly possible for them to have a policy of prosecuting thefts of a value under £200. I am certainly willing to make sure that chiefs across the country are aware of that.

Given the depth of concern expressed this morning, if I am returned to this job after the election, I am happy to look at the data and see what it tells us about the operation of that policy, now that we are four or five years in. I do not think there is any problem with us reviewing that data internally and deciding whether the policy is working, and then promulgating some kind of best practice.

A number of challenges were made on the recruitment of 20,000 police officers. The right hon. Member for Delyn asked me when they would be recruited—recruitment has already started. A number of police forces are recruiting, not least because we have 3,000 police officers to recruit from last year’s budget settlement. With the allocations to all forces, we have already signalled what the recruitment targets should be over the next 15 months or so.

We expect the first 6,000 of the 20,000 to be recruited by the end of the financial year next year, 8,000 in the year after and the final 6,000 in the year after that. It will not be a straight progression, not least because police officers tend to retire at unpredictable times. When we add in retirees, we have to recruit somewhere between 45,000 and 50,000 police officers over the next three years, which will be a huge job. Nevertheless, we have been given £45 million in-year this year to start, and I hope we will be announcing the allocations of that money relatively soon.

Some forces are going for this in a big way straightaway. I know the Met police is recruiting between 300 and 400 police officers a month at the moment, which is all good news. However, I would just counter the direct connection that a number of Members make between levels of crime and numbers of police officers, because the connection is not just about inputs; it is also about what we are doing. I remind Members that, notwithstanding the fact that we have fewer police officers today, overall crime is 35% lower than it was 10 years ago. For example, police officer numbers were much higher in the ’80s and ’90s than in the ’50s and ’60s, yet crime was much higher too. Focus and priority is as important as the number of police officers.

[Dr Drew]

One of the problems in the retail sector now is that some shopkeepers are just giving up reporting the crime. The Government have to grasp the issue of serious under-reporting.

[Kit Malthouse]

I always say the same thing when people tell me about under-reporting, which is that we must urge everybody to report every possible crime, because modern policing is all about data. The police respond to numbers. If they see numbers, feel the numbers and see the pattern of behaviour, they will respond. It is a bit like that old philosophical aphorism: if a tree falls in a forest and no one is there to hear it, did it actually happen? If a crime is committed, particularly in a large rural constituency such as mine, and it is not reported, as far as the police know, it never happened. Data is absolutely key. I urge all shop owners to report every crime.

The right hon. Member for Delyn raised the impact of serious and organised crime. He is quite right that high-profile thefts by serious and organised crime need to be addressed, not least the demolition and stealing of cash machines, which we see in quite a lot of rural constituencies, including my own. As I hope the right hon. Gentleman knows, we are undertaking a serious and organised crime review over the next few weeks, which I hope will give us some strategy and point us to the future.

I am grateful to hon. Members for what has been an important debate. I hope that I have outlined some of the work that the Government have done, and will hopefully do more of in future, to make sure that everybody—shop workers and shoppers alike—will have fun and will exchange money for presents and gifts in the run-up to Christmas, safely and happily, now and in the years to come.

[Mr Clive Betts (in the Chair)]

I thank all Members for their co-operation in keeping to the time guidance. I call David Hanson to wind up.