New Southgate Cemetery Bill [Lords]

Lindsay Hoyle Excerpts

3rd reading: House of Commons
Tuesday 17th October 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

I congratulate my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) on moving the Third Reading of this private Bill. I associate myself with her comments and those of my hon. Friend the Member for Christchurch (Mr Chope) with regard to the former Member for Enfield Southgate. In addition to all those comments, which I support, I would say that if there is one thing I remember about him, it is his core decency. As a consequence, he really is a loss to the House.

As I said on an earlier occasion, we are participating in one of Parliament’s less used procedures. It is nevertheless significant, in that it enables organisations to seek to disapply or modify the general law in relation to their own powers. Our debate here today, like earlier discussions on this Bill, has been aimed at ensuring that the promoters have put in place, or have agreed to observe, appropriate measures to ensure the proper exercise of the modifications to the law that they seek. I am grateful to all hon. Members both here and in another place who have contributed to this important process during the Bill’s passage. The result is a comprehensive and robust set of provisions that will enable New Southgate cemetery to continue to serve its communities into the future while ensuring that appropriate safeguards are in place.

As I have said before, the Bill addresses the needs of New Southgate cemetery, and the Government do not wish to prevent the cemetery from remaining viable in this way. On Second Reading, I confirmed that I was satisfied with the engagement that the promoters had undertaken with faith groups using the cemetery. In a subsequent letter to my hon. Friend the Member for Christchurch, I expressed my expectation that in exercising the powers conferred by this Bill, the New Southgate cemetery burial authorities would continue to ensure that relevant faith and cultural sensitivities are taken into account and would continue to have due regard to available guidance and best practice. This issue was explored further in some detail in Committee. As a result, the promoters have given a written undertaking that before exercising any powers under clause 4, they will carry out a survey of the faith groups affected to ensure compliance with my expectations, and will publish their findings and proposed best practice. I am grateful to the Committee for securing this undertaking and to the promoters for agreeing to it.

Also as a result of discussion in Committee, the promoters have given an undertaking to publicise in a Greater London newspaper, within three months of Royal Assent, the power to extinguish burial rights in the cemetery. They have also given an undertaking that before exercising any powers under clause 4, they will carry out a nature conservation assessment of the cemetery grounds in accordance with the technical guidance current at the time. Again, I am grateful to those who have proposed and agreed to these undertakings.

Of course, giving undertakings is one thing and carrying them out is another. My hon. Friend the Member for Christchurch is rightly concerned to ensure that the promoters’ compliance with these conditions is demonstrated to Parliament. In answer to the question on tree protection, this particular cemetery will, in any event, be obliged to comply with any tree preservation orders that are in place. As my right hon. Friend the Member for Chipping Barnet indicated, the promoters have agreed to provide to the Ministry of Justice copies of the documentation arising from the three undertakings on the newspaper advertisement, the findings of the faith groups survey and best practice, and the nature conservation assessment. They will also be publishing the documents on their website. I give an undertaking of my own to the House today that on receipt of those documents, I will place them in the House Libraries, where they will be available for scrutiny by Members. I hope that that mechanism will satisfy the concerns raised by my hon. Friend the Member for Christchurch.

The promoters have given a fourth undertaking to the House—not to sell for commercial gain any memorial removed under sections 3 or 4 of the Act without the consent of the registered owner. Compliance with this condition will be monitored by means of the requirement for the burial authority to keep a record of each memorial that is removed and to deposit a copy of that record with the Registrar General. It would also be possible to scrutinise the burial authority’s accounts, which, as it is a registered company, are published.

In conclusion, I want to thank my hon. Friend the Member for Christchurch for securing this debate and for his diligence in seeking to put on record the means by which the promoters will demonstrate compliance with their undertakings to this House. I trust that the explanations provided have allayed his concerns, and I am grateful to all who have contributed to today’s proceedings.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With the leave of the House, I would like to bring in Theresa Villiers.

European Union (Withdrawal) Bill

Lindsay Hoyle Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Luke Graham]

Will the hon. Lady give way?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Mr. Graham, you have already spoken. If the hon. Member for Livingston (Hannah Bardell) wishes to give way, she will indicate that to you, but I certainly do not need you to be hanging on and on your two feet for the rest of her speech.

[Hannah Bardell]

Thank you, Mr Deputy Speaker.

This Bill threatens the very foundations and transparency of our democracy. There are voices of agreement and consensus around the Chamber, and it is incumbent on us to work together when we can find agreement, but the Bill, and the Tory Government’s antagonistic approach, give little space and opportunity for any collaboration. With no clear answers to the issues of EU nationals’ rights, with the charter of fundamental rights and single market membership under threat, and with no detailed economic analysis of the effect of the UK’s leaving the single market, the Bill is a wrecking ball for British democracy and the cross-party working and consensus that created the Scottish Parliament.

The Government cannot hide behind this “what the people voted for” line, because the reality is that no one really knows what they voted for. There was no White Paper, there was no positive proposition, and there was no detail—nothing was written down. Many who voted for Brexit are now full of regret and frustration because they were sold a pup. We will not stand by and support this Bill. We will not give it a Second Reading, because two decades after Scotland voted for a Scottish Parliament, and giants of Scottish politics such as Donald Dewar and Winnie Ewing ushered in a new era of positivity that has benefited everyone in Scotland, the Bill is the biggest power grab since devolution. We in the SNP will not stand by and allow Scottish democracy and our Parliament’s powers to be eroded.

Guardianship (Missing Persons) Bill

Lindsay Hoyle Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 24th March 2017 Commons Chamber

[Philip Davies (Shipley) (Con)]

I beg to move amendment 1, page 1, line 19, leave out subsection (4):

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 2, in clause 2, page 2, line 17, at end insert—

‘(2A) Before hearing an application for a guardianship order the court may require the applicant to take such further steps by way of advertisement or otherwise as the court thinks proper for the purpose of tracing the missing person.”.

Amendment 3, in clause 3, page 2, line 27, leave out “90 days”’ and insert “6 months”.

Amendment 4, in clause 7, page 5, line 18, leave out “4 years” and insert “2 years”.

[Philip Davies]

Let me set out from the start that these are probing amendments and I do not intend to push any of them to a Division. By anyone’s admission, this is quite a meaty Bill, running to 25 clauses, but we have had no scrutiny of it in the Chamber. It received its Second Reading on the nod, without any debate whatsoever, and here we are, with time pressing on, and we have had no opportunity before now to debate any of its provisions. I therefore tabled some probing amendments to tease out from my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) why some of the Bill’s provisions—the timescales, for example—are as they are.

Amendment 1 would remove subsection (4), which states:

“A person who is detained, whether in a prison or another place, is to be treated for the purposes of this Act as absent from his or her usual place of residence and usual day-to-day activities.”

I want to tease out from my hon. Friend the reasoning behind the subsection, because there was no scrutiny of it on Second Reading.

In passing, I should say that we are discussing the Guardianship (Missing Persons) Bill, and a Missing Persons Guardianship Bill is going through the House of Lords. I am not sure whether that Bill’s provisions are different from this Bill’s, but perhaps Members in the other place are trying to achieve the same thing.

In 2014, the Government held a consultation entitled “Guardianship of the property and affairs of missing persons” in which, as far as I could see, the issue addressed by subsection (4) was not mentioned once. Furthermore, I checked the reasoning behind the inclusion of the subsection with the House of Commons Library, but the staff there confirmed that they had not been able to find out anything about its background. They could not explain why it was in the Bill, beyond its inclusion as an example.

After speaking to Library staff at further length, they said:

“The Bill defines a missing person as someone who is absent from their usual place of residence or their usual day-to-day activities. The reason for being absent may be because the person is detained. However, in addition, as in other cases, the first or second condition set out in subsections (2) or (3) must also be met. In most cases, the first condition is likely to be relevant—that is, that the person’s whereabouts are not known, or not known with sufficient precision to enable contact to be made.”

That was the Library’s explanation of why the subsection might be in the Bill but, given that the staff there were not entirely clear about it, I thought it important to table an amendment so that we could hear my hon. Friend explain it at first hand. That is why I see it as a probing amendment.

Amendment 2 would insert into clause 2:

“Before hearing an application for a guardianship order the court may require the applicant to take such further steps by way of advertisement or otherwise as the court thinks proper for the purpose of tracing the missing person.”

That would ensure that all reasonable steps had been taken to try to locate the missing person.

Prisons

Lindsay Hoyle Excerpts

Wednesday 25th January 2017 Commons Chamber

[Stephen Pound]

I am so reluctant to disabuse and disappoint the right hon. Lady, but the hon. Member for Aldershot and I were only temporarily in Dartmoor as part of a television programme called “At the Sharp End”.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I thank Mr Mackay.

[Elizabeth Truss]

In any case, we are setting up a parliamentary scheme so that we can work more closely with prison officers and give them the kudos they deserve, because they do an incredibly important job, often behind walls. As part of the reform programme, I want to see prisons reaching out more into the local community and working with local employers. As the shadow Secretary of State said, ultimately, the vast majority of people in prison will one day be on the outside and be part of the local community, so we need to work on that.

While we are putting in place the long and medium-term measures to get additional staff in to reform our prisons, we are taking immediate action to improve security and stability across the estate. That includes extra CCTV, the deployment of national resources and regular taskforce meetings chaired by the prisons Minister. He holds regular meetings with the Prison Service to monitor prisons for risk factors, and that allows us to react quickly to emerging problems and provide immediate support to governors, on anything from transferring difficult prisoners to speeding up the repair of damaged facilities.

Hon. Friends have talked about psychoactive substances, which have been a game changer in the prisons system, as the prisons and probation ombudsman has acknowledged. In September, we rolled out to all prisons new mandatory drug tests for psychoactive drugs, and we have increased the number of search dogs and trained them to detect drugs such as Spice and Mamba. We are also working with mobile phone operators on new solutions, being trialled in three prisons, to combat illicit phones, and we have specific powers to block phones too.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I hope to be able to get everybody in on the basis of a seven-minute limit.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Before I bring in Gordon Henderson, I advise people that the time limit is going down to six minutes. We may have to review it again later.

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

Thank you for sharing that good news, Mr Deputy Speaker.

[Mr Deputy Speaker]

It can be five minutes if you want some even better news.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The time limit is now five minutes.

Sexual Offences (Pardons Etc) Bill

Lindsay Hoyle Excerpts

Friday 21st October 2016 Commons Chamber

[Kevin Foster]

I will take one more intervention but I am very conscious of time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I have 12 more speakers and the Front Benchers to get in as well.

[Lyn Brown]

This is a seminal debate. Will the hon. Gentleman join me in urging the Minister to think again? Let us get the Bill to Committee, sort out the problems that the Minister thinks he has and get it on the statute book.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. May I just say that we are in danger of talking the Bill out? I want to hear everybody, and Members are still waiting to speak. Can we try to help each other? With 12 speakers, if we try to keep it short, we can get there.

Domestic Abuse Victims in Family Law Courts

Lindsay Hoyle Excerpts

Thursday 15th September 2016 Commons Chamber

[Ann Clwyd (Cynon Valley) (Lab)]

On a point of order, Mr Deputy Speaker. About an hour ago the Foreign Affairs Committee, of which I am a member, published a report on the use of UK-manufactured arms in Yemen, accompanied by a press release.

As a member of the press I know that very often, to save time, one reads the press release, not the report. I would be grateful for your advice, Mr Deputy Speaker. I want to make it clear that there was a majority report and a minority report. The minority report was tabled by myself and the hon. Member for North East Fife (Stephen Gethins). Nowhere in the press release is the minority report mentioned.

I think it is very misleading to put out a press release which suggests that the report is supported by all the members of the Foreign Affairs Committee. We specifically supported the reports from the Business, Innovation and Skills Committee and the Department for International Development. That is included in the report, and we say quite clearly that the arms export licensing regime has not worked, and we recommend that the UK suspend licences for arms exports to Saudi Arabia that are capable of being used in Yemen, pending the results of an independent United Nations-led inquiry into reports of violations of international humanitarian law, and that the UK issues no further licences. That should have been included in the press release.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The right hon. Lady knows that I have no jurisdiction over press notices and press releases on Committee reports, but as she has made good use of the Chamber today, I am sure that all the newspapers and the media that are looking on will have taken notice of that, and I am sure it will be highlighted. It is not a point for the Chair, but it is certainly on the record now.

[Sue Hayman (Workington) (Lab)]

Further to that point of order, Mr Deputy Speaker. I am concerned about the lack of information that we are getting from the Government about how the funding that we are giving Yemen is being managed. May we have a report? When was the last time a British diplomat visited Yemen? We need to put on the record that we are not getting proper reporting back on what is happening there with our funding.

[Mr Deputy Speaker]

Once again, that is not a matter for me, but it is on the record. The hon. Lady made the point clearly about British diplomats going out there. I am sure the Leader of the House will have noted that. It is also a point that can be raised at business questions. The hon. Lady has taken advantage of the opportunity and put it on the record.

Policing and Crime Bill

Lindsay Hoyle Excerpts

Monday 13th June 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Government new clause 54—Powers to seize invalid travel documents.

Government new clause 55—Anonymity of victims of forced marriage.

Government new clause 56—Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults.

Government new clause 57—Powers of litter authorities in Scotland.

New clause 3—Digital Crime Review—

“(1) The Secretary of State shall have a duty to provide for a review of legislation which contains powers to prosecute individuals who may have been involved in the commission of digital crime in order to consolidate such powers in a single statute.

(2) In the conduct of the review under subsection (1), the Secretary of State must have regard to the statutes and measures that he deems appropriate, including but not limited to—

(a) Malicious Communications Act 1988, section 1,

(b) Protection from Harassment Act 1997, section 2, 2a, 4, 4a,

(c) Offences against the Person Act 1861, section 16, 20, 39, 47,

(d) Data Protection Act 1998, section 10, 13 and 55,

(e) Criminal Justice Act 1998, section 160,

(f) Regulation of Investigatory Powers Act 2000, section 30(1), (3),(5),(6), 78(5),

(g) Computer Misuse Act 1990, as amended by Serious Crime Act 2015 and Police and Justice Act 2006,

(h) Contempt of Court Act 1981,

(i) Human Rights Act 1998,

(j) Public Order Act 1986, section 4, 4a, 5, 16(b), 18,

(k) Serious Organised Crime Act 2005, section 145, 46,

(l) Wireless Telegraphy Act 2006, section 48,

(m) Criminal Justice and Courts Act 2014, section 32, 34, 35, 36, 37,

(n) Protection of Children Act 1978,

(o) Obscene Publications Act 1959,

(p) Crime and Disorder Act 1998, section 28, 29-32,

(q) Criminal Justice Act 2003, section 145, 146,

(r) Communications Act 2003, section 127, 128-131,

(s) Data retention and Investigatory Powers Act 2014, section 4,

(t) Sexual Offences Amendment Act 1992, section 5,

(u) Counter Terrorism and Security Act 2015,

(v) Protection of Freedoms Act 2012, section 33(5), 29(6),

(w) Criminal Damage Act 1971, section 2,

(x) Sexual Offences Act 2003, section 4, 8, 10, 62,

(y) Criminal Justice and Police Act 2001, section 43,

(z) Magistrates Court Act 1980, section 127,

() Suicide Act 1961, section 2(1) as amended by Coroners and Justice Act 2009,

() Criminal Justice and Immigration Act 2008, section 63,

() Theft Act 1968, section 21, and

() Criminal Law Act 1977, section 51(2)

(3) It shall be a duty of the Secretary of State to determine for the review any other statute under which persons have been prosecuted for a crime falling under section 1 of this Act.

(4) In the conduct of the review under subsection (1), the Secretary of State must consult with any person or body he deems appropriate, including but not limited to—

(a) the Police,

(b) Crown Prosecution Service,

(c) judiciary, and

(d) relevant community organisations.”

New clause 4—Surveillance and monitoring: offences—

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

(a) uses a digital device to repeatedly locate, listen to or watch a person without legitimate purpose,

(b) installs spyware, a webcam or any other device or software on another person’s property or digital device without the user’s agreement or without legitimate reason,

(c) takes multiple images of an individual unless it is in the public interest to do so without that individual’s permission and where the intent was not legitimate nor lawful,

(d) repeatedly orders goods or services for another person if the purpose of such actions is to cause distress, anxiety or to disrupt that person’s daily life,

(e) erases data remotely whilst a digital device is being examined by the police or any other lawful investigation,

(f) monitors a digital device registered to a person aged 17 or less if the purpose of that monitoring is to obtain information about a third person,

(g) monitors any other person’s digital device if the intent of the monitor is either to damage or steal data from that person, or

(h) creates a false persona on line without lawful reason if the purpose of such a creation is to intend to attempt to defraud, groom, impersonate or seriously damage the reputation of any other person.

(2) A person guilty of an offence under subsections (1)(a) or (b) is liable on conviction to a term of imprisonment not exceeding 12 months or a fine.

(3) For the purpose of subsection (1)(a) “repeatedly” shall be deemed as on two occasions or more.

(4) A person guilty of an offence under subsection (1)(d) is liable on conviction to a fine not exceeding the statutory limit.

(5) A person guilty of an offence under subsections (1)(e), (f), (g) or (h) is liable on conviction to a term of imprisonment not exceeding 12 months.

(6) The Secretary of State shall introduce restrictions on the sale of spyware to persons under the age of 16 and requests all persons who are purchasing such equipment to state their intended use of such equipment.”

New clause 5—Digital crime training and education—

‘(1) It shall be the responsibility of the Home Department to ensure that each Police Service shall invest in training on the prioritisation, investigation and evidence gathering in respect of digital crime and abuse.

(2) It shall be the responsibility of the Home Department to ensure that all Police services record complaints and outcomes of complaints of digital crime and abuse.

(3) It shall be the responsibility of the Secretary of State for the Home Department to publish annual statistics on complaints and outcomes of digital crime and abuse.”

New clause 6—Offence of abduction of a vulnerable child aged 16 or 17—

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

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

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

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

(2) This section applies in relation to a child aged 16 or 17 who is—

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

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

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

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

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

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

(b) a person who for the time being has care of a vulnerable child aged 16 and 17 by virtue of a care order, an emergency protection order, or protection from section 46 of the Children Act 1989; or

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

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

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

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

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

New clause 10—Prevention of child sexual exploitation and private hire vehicles—

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

(2) After section 47(1) insert—

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

(3) At end of section 48 (1) insert—

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

(4) Section 7 of the London Cab Order 1934 is amended as follows.

(5) After section 7(2) insert—

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

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

(7) After section 7(2) insert—

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

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

New clause 13—Grooming for criminal behaviour: offence—

“(1) A person aged 18 or over (A) commits an offence if—

(a) A has met or communicated with another person (B) on at least two occasions and subsequently—

(i) A intentionally meets B,

(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

(iii) B travels with the intention of meeting A in any part of the world,

(b) A intends to say or do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will—

(i) encourage,

(ii) persuade, or

(iii) intimidate

B with the effect that B commits a criminal offence from which A will,

or intends to, profit.

(c) B is under 16, and

(d) A does not reasonably believe that B is 16 or over.

(2) For subsection (1)(b)(iii) to apply, A does not have to profit directly nor be the sole beneficiary of a criminal offence committed by B.

(3) In subsection (1) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world.

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

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both,

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.”

New clause 14—Grooming for criminal behaviour: prevention orders—

“(1) A court may make an order under this section in respect of a person aged 18 or over (A) where—

(a) A has committed an offence under section (Grooming for criminal behaviour); or

(b) the court is satisfied that A’s behaviour makes it necessary to make such an order, for the purpose of protecting one or more persons aged 16 or under from being encouraged, persuaded or intimidated by A into committing a crime from which A intends to profit.

(2) A chief officer of police may by complaint to a magistrates’ court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—

(a) the person has committed an offence under section (Grooming for criminal behaviour); or

(b) the person’s behaviour makes it reasonable to make such an order, for the purpose of protecting one or more other persons aged 16 or under from being encouraged, persuaded, facilitated or intimidated into committing a crime from which others will, or intend to, profit.

(c) the person has acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(3) An application under subsection (2) may be made to any magistrates’ court whose commission area includes—

(a) any part of the applicant’s police area, or

(b) any place where it is alleged that the person acted in a way mentioned in subsection (2)(b).

(4) A grooming for criminal behaviour prevention order (GCBPO) that includes one or more requirements must specify the person who is to be responsible for supervising compliance with the requirement who may be an individual or an organisation.

(5) Before including a requirement, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to be specified;

(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(6) Before including two or more requirements, the court must consider their compatibility with each other.

(7) It is the duty of a person specified under subsection (4)—

(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b) to promote the compliance of the GCBPO subject with the relevant requirements;

(c) if the person considers that the GCBPO subject—

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the prosecution and the appropriate chief officer of police.

(8) In subsection (7)(c) “the appropriate chief officer of police” means—

(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that—

(i) the GCBRO subject lives, or

(ii) one or more persons aged 16 or under as mentioned in subsection (1)(b) lives;

(b) if it appears to a person specified under subsection (4) that the GCBPO subject lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.

(9) The subject of a GCBPO, in addition to any specific restrictions and requirements detailed within the order, must—

(a) keep in touch with the person specified under subsection (4) in relation to that requirement, in accordance with any instructions given by that person from time to time; and

(b) notify the person of any change of address.

These obligations have effect as requirements of the order.”

New clause 15—Sentencing guidelines review: children—

“(1) With an year of the day on which this Act is passed the Sentencing Council must conduct a review of it sentencing guidelines as they relate to crime against children and crimes where the victim is a child.

(2) The Sentencing Council must publish the findings of its review and lay a copy of that report before Parliament.

(3) In conducting this review the Sentencing Council must consult—

(a) the Secretary of State for Justice,

(b) and any other bodies it thinks relevant.

(4) For the purpose of this section “child” has the same meaning as in section 105 of the Children Act 1989.”

This new clause would require the Sentencing Council to review the sentencing guideline for offences committed against children.

New clause 16—Soliciting via telecommunications order: applications, grounds and effect—

“(1) A chief officer of police may by complaint to a magistrates’ court apply for an order under this section (a “soliciting via telecommunication order“) in respect of a telecommunications service provider if it appears to the chief officer that a phone number (“the relevant phone number”) administered by a telecommunications service provider is being used for the purposes of advertising a person’s services as a prostitute.

(2) The chief office of police may make an application under subsection (1) only if the relevant phone number has been advertised in the chief officer‘s police area.

(3) Such an order requires the telecommunications service provider to take all reasonable steps to prevent calls to the relevant phone number being connected.

(4) It shall be an offence for a telecommunication service provider to fail to comply with terms of an order issued under this section.

(5) An organisation found guilty of an offence under subsection (5) shall be liable on summary conviction to a fine no greater than £50,000.”

This new clause would enable the police to request that a magistrate issues an order to mobile phone providers that they block a number if that number is on cards advertising prostitution and create an offence if they fail to comply with a fine of up to £50,000.

New clause 18—Cruelty to persons under sixteen: penalty—

“(1) The Children and Young Persons Act 1933 is amended as follows.

(2) In section 1(1)(a) leave out the words “ten” and insert “fourteen.””

To increase the maximum tariff for child cruelty from 10 years imprisonment to 14 years.

New clause 33—Police observance of the Victims’ Code: enforcement—

“(1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) In section 5(1B) omit paragraph (a) together with the final “or”.

(3) After section 5(1B) insert—

“(1BA) Subsection (1C) of this section applies if a written complaint is made to the Commissioner by a member of the public who claims that—

(a) a police officer

(b) a police service employee other than a police officer

(c) another person determined under section (1BC)

has failed to perform a Code duty owed by him to the member of the public.

(1BB) For the purposes of subsection (1BA) a Code duty is a duty imposed by a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims).

(1BC) The Secretary of State may by regulation amend the categories of person identified in subsection (1BA) as the Secretary of State thinks fit.”

(4) In section 5(4A), after “(1A)”, insert “or (1BA)”.

(5) In section 6(3), at the beginning insert “Except as provided in subsection (3A)”.

(6) After section 6(3), insert—

“(3A) Subsection (3) shall apply in relation to a complaint under section 5(1BA) as if for “a member of the House of Commons” there were substituted “the Commissioner”.”

(7) In section 7(1A), after “5(1A)”, insert “or 5(1BA)”.

(8) In section 8(1A), after “5(1A)”, insert “or 5(1BA)”.

(9) After section 10(2A), insert—

“(2B) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1BA) of this Act, he shall send a report of the results of the investigation to—

(a) the person to whom the complaint relates,

(b) the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of, and

(c) the Commissioner for Victims and Witnesses appointed under section 48 of the Domestic Violence, Crime and Victims Act 2004.”

(10) After section 10(3B) insert—

“(3C) If, after conducting an investigation pursuant to a complaint under section 5(1BA) of this Act, it appears to the Commissioner that—

(a) the person to whom the complaint relates has failed to perform a Code duty owed by him to the person aggrieved, and

(b) the failure has not been, or will not be, remedied, the Commissioner shall lay before each House of Parliament a special report upon the case.

(3D) If the Commissioner lays a special report before each House of Parliament pursuant to subsection (3C) the Commissioner may also send a copy of the report to any person as the Commissioner thinks appropriate.

(3E) For the purposes of subsection (3C) “Code duty” has the meaning given by section 5(1BB) of this Act.”

(11) In section 10(5)(d), for “or (2A)” substitute “, (2A) or (2B)”.

(12) In section 12(1), after paragraph (b) of the definition of “person aggrieved”, insert—

“(c) in relation to a complaint under section 5(1BA) of this Act, means the person to whom the duty referred to in section 5 (1BA) of this Act is or is alleged to be owed;”.”

New clause 34—Police, etc. provision for victims’ entitlement: framework—

“(1) The Victims’ Code (a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims)) shall include, but not be limited to, the entitlement of victims to receive as follows.

(2) A victim of crime shall be entitled to receive—

(a) accurate and timely information from—

(i) the police

(ii) such other agencies of the criminal justice system concerned with the detection and prosecution of the relevant crime and with the support of victims of crime as the Secretary of State deems fit;

(b) The police must ensure provision to victims of adequate notice of all relevant court and other legal proceedings, including information about decisions by and discussions between the police and other agencies of the criminal justice system relating to the person convicted of the crime concerned (“the perpetrator”), including—

(i) information about any prison sentence previously served by the perpetrator,

(ii) information about relevant changes to the perpetrator’s circumstances whilst on parole or in custody,

(iii) information about any crimes committed by the perpetrator outside the UK where the victim of the crime concerned is a British national,

(iv) access, where required, to adequate interpretation and translation services, and

(v) information about the direct contact details of the criminal justice agencies and individuals involved in the court or other legal proceedings concerned.

(3) During criminal justice proceedings, the police and other relevant agencies and authorities of the criminal justice system must ensure that victims of crime—

(a) are not subjected to unnecessary delay by any other party to the proceedings;

(b) are treated with dignity and respect by all parties involved; and

(c) do not experience discriminatory behaviour from any other party to the proceedings.

(4) Children and vulnerable adults must be able to give evidence to a court secure location away from that court or from behind a protective screen.

(5) The investigating police force concerned must ensure the safety and protection of victims of crime during proceedings, including but not restricted to—

(a) a presumption that victims of crime may remain domiciled at their home with adequate police protection if required; and

(b) ensuring that the victim and those accompanying them are provided with access to discreet waiting areas during the relevant court proceedings.

(6) All victims of crime shall have access to an appropriate person to liaise with relevant agencies on their behalf and to inform them about, and explain the progress, outcomes and impact of, their case.

(7) Witnesses under the age of 18 shall have access to a trained communications expert, to be known as a Registered Intermediary, to help them understand as necessary what is happening in the criminal proceedings.

(8) Victims of crime shall have access to transcripts of any relevant legal proceedings at no cost to themselves.

(9) Victims of crime shall have the right to attend and make representations to a pre-court hearing to determine the nature of the court proceedings.

(10) The Secretary of State must take steps to ensure that victims of crime—

(a) have access to financial compensation from public funds for any detriment arising from the criminal case concerned;

(b) are given the right to approve or refuse the payment of any compensation order made by a court against a person convicted of a crime against them;

(c) have reimbursed to them, from public funds, any expenses incurred by them in attending in court and in any related legal process, whether in the UK or overseas;

(d) have available to them legal advice where considered necessary by a judge in court proceedings; and

(e) are not required to disclose personal data in legal proceedings which puts their safety at risk unless specifically ordered to do so by a judge.”

New clause 35—Police etc. training: treatment of victims—

“(1) The Secretary of State shall publish and implement a strategy for providing training on the impact of crime on victims and victims’ rights for staff of the following organisations—

(a) the police

(b) the Crown Prosecution Service, and

(c) any other public agency or authority that the Secretary of State deems appropriate.

(2) The Secretary of State may also by regulation make provision for judges, barristers and solicitors involved in criminal cases involving sexual and domestic violence undertake specialist training.

(3) The Secretary of State shall publish an agreed timetable for the delivery and completion of the training required by this section.”

New clause 36—Establishment and conduct of homicide reviews—

“(1) In this section “homicide review” means a review of the circumstances a person aged 16 or over has, or appears to have, died as the result of a homicide and—

(a) no one has been charged with the homicide, or

(b) the person(s) charged has been acquitted.

(2) The Secretary of State may in a particular case direct a police force or other specified person or body or a person or body within subsection (5) to establish, or to participate in, a homicide review.

(3) It is the duty of any person or body within subsection (5) establishing or participating in a homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance and standards issued by the Commissioner for Victims and Witnesses as to the establishment and conduct of such reviews.

(4) Any reference in subsection (2) to the Secretary of State shall, in relation to persons and bodies within subsection (5)(b), be construed as a reference to the PSNI or Department of Justice in Northern Ireland as may be appropriate.

(5) The persons and bodies within this subsection are—

(a) in relation to England and Wales—chief officers of police for police areas in England and Wales; local authorities; local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 (c 43); the National Health Service Commissioning Board; clinical commissioning groups established under section 14D of the National Health Service Act 2006; providers of probation services; Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006; NHS trusts established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;

(b) in relation to Northern Ireland—the Chief Constable of the Police Service of Northern Ireland; the Probation Board for Northern Ireland; Health and Social Services Boards established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (SI 1972/1265 (NI 14)); Health and Social Services trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).

(6) In subsection (5)(a) “local authority” means—

(a) in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;

(b) in relation to Wales, the council of a county or county borough.”

New clause 37—Statutory duty on elected local policing bodies—

“(1) An elected local policing body must assess—

(a) the needs of victims in each elected local policing body’s police area, and

(b) the adequacy and effectiveness of the available victims’ services in that area.

(2) An elected local policing body must—

(a) prepare and consult upon an Area Victims’ Plan for its police area,

(b) having taken account of any responses to its consultation and any Quality Standard, publish the Plan in such a manner as sets out clearly how the identified victim needs will be met by the available victims’ services, and

(c) submit its Area Victims’ Plan to the Commissioner for Victims and Witnesses on an annual basis.

(3) In this section—

“elected local policing body” and “police area” have the same meaning as in Part 1 of the Police Reform and Social Responsibility Act 2011, and “Quality Standard” means the standard published under section 49(1)(f) of the Domestic Violence, Crime and Victims Act 2004.”

New clause 38—Duties of the Commissioner for Victims and Witnesses—

“(1) Section 49 of the Domestic Violence, Crime and Victims Act 2004 (general functions of Commissioner) is amended as follows.

(2) In subsection (1), after paragraph (c) insert—

“(d) assess the adequacy of each elected local policing body’s Area Victims’ Plans submitted to the Commissioner under section (Statutory duty on elected local policing bodies) of the Policing and Crime Act 2016,

(e) make to elected local policing bodies such recommendations about submitted Area Victims’ Plans as the Commissioner considers necessary and appropriate;

(f) prepare a statement of standards (the “Quality Standard”) in relation to the provision of victims’ services;

(g) publish the Quality Standard in such manner as the Commissioner considers appropriate;

(h) review the Quality Standard at intervals of not more than five years;

(i) in preparing or reviewing a Quality Standard, consult the public, and for that purpose may publish drafts of the standard;

(j) assess the steps taken to support victims and witnesses in giving evidence;

(k) make such recommendations in relation to that assessment as the Commissioner considers necessary and appropriate;

(l) issue guidance and standards for the establishment and conduct of homicide reviews under section (Establishment and conduct of homicide reviews) of the Policing and Crime Act 2016.””

New clause 39—National anti-doping provisions—

“(1) Subsections (2) and (3) apply to—

(a) all athletes participating in sport in the UK who are members of a governing body of sport or an affiliate organisation or licensee of a governing body of sport (including any clubs, teams, associations or leagues);

(b) all athletes participating in such capacity in sporting events, competitions or other activities in the UK organised, convened, authorised or recognised by a governing body of sport or any of its member or affiliate organisations or licensees (including any clubs, teams, associations or leagues), wherever held;

(c) any other athlete participating in sport in the UK who, by virtue of a contractual arrangement or otherwise, is subject to the jurisdiction of a governing body of sport for purposes of anti-doping; and

(d) any person belonging to the entourage of an athlete, whether or not such person is a citizen of, or resident in, the United Kingdom.

(2) An athlete is guilty of an offence if he or she knowingly takes a prohibited substance with the intention, or one of the intentions, of enhancing his or her performance.

(3) A person belonging to the entourage of an athlete is guilty of an offence if he or she encourages or assists or hides awareness of the relevant athlete taking a prohibited substance with the intention, or one of the intentions, of enhancing such athlete’s performance.

(4) A medical professional commits an offence if they proscribe a prohibited substance to an athlete and believe, or ought reasonably to believe, that the substance will be used by the athlete to enhance their performance.

(5) For the purposes of this section a “prohibited substance” is as defined by the World Anti-Doping Agency.

(6) Any person guilty of an offence under subsection (2), (3) or (4) shall be liable—

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

(b) On conviction on indictment, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding two years, or to both.

(7) UK Anti-Doping shall discuss the following issues with the World Anti-Doping Agency annually—

(a) the effectiveness of section 11 of the International Standard for Testing (athlete whereabouts requirements) and its harmonisation with EU privacy and working time rules and the European Convention on Human Rights;

(b) the effectiveness of the international work of the World Anti-Doping Agency; and

(c) progress on the development of a universal rollout of athlete biological passports.

(8) UK Anti-Doping shall submit the results of the annual discussions referred to in subsection (7) to the Secretary of State, who shall in turn—

(a) lay before both Houses of Parliament an annual report documenting—

(i) whether the athlete whereabouts requirements are effective in combating the abuse of drug-taking and in compliance with EU privacy and working time rules and the European Convention on Human Rights, and

(ii) the performance of the World Anti-Doping Agency in general; and

(b) determine whether the Government should remain a member and continue to support the World Anti-Doping Agency.”

New clause 41—Local Safeguarding Children Board: prevention of child sexual exploitation—

“(1) The Children Act 2004 is amended as follows.

(2) In section 14 after “children”, insert “and preventing child sexual exploitation, child abuse and child neglect.””

New clause 44—Modern technology: specialist digital unit (child abuse)—

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

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

New clause 46—Anonymity for victims who have private sexual photographs and films disclosed without their consent with intent to cause distress—

“(1) Section 2 of the Sexual Offences (Amendment) Act 1992 is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

(c) an offence under section 33 of the Criminal Courts and Justice Act 2015.”

New clause 47—Compensation for victims who have private sexual photographs and films disclosed without their consent with intent to cause distress—

“(1) Section 33 of the Criminal Justice and Courts Act 2015 is amended as follows.

(2) After subsection (9), insert—

“(9A) The court may order a person guilty of an offence under this section to pay compensation to the victim of the offence, under sections 130 to 132 of the Powers of Criminal Courts (Sentencing) Act 2000.

(9B) Compensation under subsection (9A) may be awarded for (among other things) any anxiety caused by the offence and any financial loss resulting from the offence.”

New clause 60—Duty to report on Child Abduction Warning Notices—

“(1) Each police force in England and Wales must report to the Secretary of State each year on—

(a) the number of Child Abduction Warning Notices issued;

(b) the number of Child Abduction Warning Notices breached; and

(c) the number of Sexual Risk Orders and Sexual Harm Prevention Orders issued following the breach of a Child Abduction Warning Notice.

(2) The Secretary of State must prepare and publish a report each year on—

(a) the number of Child Abduction Warning Notices issued in each police force in England and Wales;

(b) the number of Child Abduction Warning Notices breached in each police force in England and Wales; and

(c) the number of Sexual Risk Orders and Sexual Harm Prevention Orders issued following the breach of a Child Abduction Warning Notice in each police force in England and Wales

and must lay a copy of the report before Parliament.”

New clause 61—Disclosure of private sexual photographs and films without consent and with the intent to cause distress, fear or alarm, or recklessness as to distress, fear or alarm being caused—

“(1) Section 33 of the Criminal Justice and Courts Act 2015 is amended as follows.

(2) In subsection (1) after “disclose” insert “or threaten to disclose”.

(3) In subsection (1)(b) after “distress” insert “fear or alarm or recklessness as to distress, fear or alarm being caused”.

(4) After subsection (1) insert—

“(1A) It is also an offence to knowingly promote, solicit or profit from private photographs and films that are reasonably believed to have been disclosed without consent and with the intent to cause distress, fear or alarm, or recklessness as to distress, fear or alarm being caused”.

(5) Leave out subsection (8).”

This new clause clarifies and expands the definition of the offence of disclosing private sexual photographs and films without consent and with the intent to cause distress, also known as revenge pornography, so that it includes reckless intent. This new clause also makes it an offence to knowingly promote, solicit or profit from private photographs and films that are reasonably believed to have been disclosed without consent.

New clause 62—Meaning of “private” and “sexual”—

“(1) Section 35 of the Criminal Justice and Courts Act 2015 is amended as follows.

(2) In subsection (3)(a) after “exposed genitals” insert “breasts, buttocks,”.

(3) Leave out subsection 4.

(4) Leave out subsection 5.”

This new clause expands the definition of “sexual” and ensures the disclosure of pornographic photoshopped images, posted with the intent to cause distress, fear or alarm or recklessness as to distress, fear or alarm being caused, are covered by the law.

New clause 67—Misconduct in public office—

“(1) A person commits an offence if—

(a) the person is a public officer,

(b) the person wilfully neglects to perform their duty or wilfully misconducts themselves in the performance of their public duty to such a degree as to amount to an abuse of the public‘s trust in the office holder, and

(c) the person acts without reasonable excuse or justification.

(2) A person guilty of an offence under subsection (1) is liable—

(a) in England and Wales, to imprisonment for a term not exceeding 12 months or, in relation to offences committed, to a fine, or to both;

(b) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(c) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.

(3) For the purposes of this section, a public officer is an officer who discharges any duty in the discharge of which the public are interested and includes, but is not limited to—

(a) executive or ministerial officers,

(b) police officer, including a police officer in a period of suspension and a former police officer doing part-time police work,

(c) constable,

(d) special constable,

(e) community support officer,

(f) employee of a police force with responsibility for the computer system of that police force,

(g) prison officer,

(h) Independent Monitoring Board member,

(i) nurse working within a prison,

(j) coroner,

(k) army officer,

(l) accountant in the office of the Paymaster General,

(m) Justice of the Peace

(n) magistrate,

(o) district judge,

(p) clergy of the Church of England,

(q) mayor,

(r) local councillor,

(s) employee of a local authority, and

(t) civil servant or other employee of a public body.”

This new clause seeks to codify the common law offence of misconduct in public office and prescribes a list of ‘public officers’ to which this offence shall apply

Government amendments 107, 108, 111 to 116 and 119 to 122.

[Liz Saville Roberts]

I intend to speak to new clauses 2, 3, 4, 5, and 44, and I intend to press new clause 2 to a Division. The other new clauses are intended to test discussions that took place in Committee.

I note what the Minister said earlier in support of localism, but would cautiously remind him if he were still in the Chamber that although Wales is one of the four nations of the United Kingdom, it is the only one that has no responsibility for its police forces. The Governments of both Scotland and Northern Ireland are able to acknowledge the specific needs of their communities and direct their police forces to work effectively in response to those needs, but Wales must follow the policing priorities of England.

The four police forces of Wales are unique in the United Kingdom in that they are non-devolved bodies operating within a largely devolved public services landscape. They are thus required to respond to the agendas of two Governments, and to serve a nation whose people have the right to use either the English or the Welsh language. It should be noted that the Assembly’s budget already funds 500 extra police community support officers.

--- Later in debate ---

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

My hon. Friend is making very strong points. Only recently, the UK Government introduced centralised helicopter services for the police in England and Wales. That did not affect Scotland and Northern Ireland, because their police forces were decentralised. They kept their helicopters, but we lost ours in Dyfed-Powys. Ministers should not smirk; this affects lives in my constituency. The police force in Dyfed-Powys called out the helicopter on more than 40 occasions, and it was sent out on only a handful of them.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. This is not like you, Mr Edwards. If you want to speak, you are allowed to speak, but you cannot make a speech and get carried away and start pointing at the Minister. Let us try to keep it calm. If you want to raise any points, there will certainly be time for you to do so. We will not miss you out.

[Liz Saville Roberts]

But the question of resources and how those priorities direct them does indeed highlight again the fact that Wales has different needs, and those resources from central Government do get directed to those priorities which best serve England.

When devolution of policing to Wales was discussed in Committee, the Minister present referred to the Silk commission on devolution in Wales, which was established by his party in 2011 with cross-party membership. Part 2 was published in 2014 and recommended devolution. He made much at the time of the fact that there was no consensus on this recommendation as a result of the St David’s day process and “Powers for a purpose”.

Those involved in that process have told me it was little more than a tick-box exercise: if all party representatives liked it, the power was in the bag; if not, chuck it out, regardless of the implications for the governance and needs and, indeed, people of Wales. I note that in Committee Labour indicated a grudging support for devolving policing, albeit in the distant future: 10 years away. It seems pressure from Plaid is driving the accelerator. This is not a matter of jam tomorrow; we are living in hope of this today.

This opportunity is before the House here and now. The contents of future legislation and future amendments lack this certainty. If this House votes for devolution today, policing will be devolved to Wales, and the Government will then have to amend the Wales Bill accordingly at the very start of its journey. Indeed, surely, the Wales Bill deals first and foremost with constitutional matters, but here is our opportunity to make sure. I urge Labour to grasp the opportunity and support the National Assembly for Wales and all four police and crime commissioners in Wales and vote for the devolution of policing today.

New clauses 3, 4 and 5 relate to aspects of digital crime. I would note that these and new clause 44 are probing amendments. The Government state that resources are already provided to counter digital crime in the form of the National Cyber Crime Unit. I would respond that the National Cyber Crime Unit is relatively small, and that the national cyber security programme concentrates primarily on the security of businesses and infrastructure. Action Fraud addresses crime in relation to online fraud. The priorities are business, financial and serious crime, and do not cover the safeguarding of victims of abuse crimes such as domestic violence, stalking, harassment or hate crime.

The first of the new clauses proposes a review of legislation relating to digital crime and to consolidate the numerous Acts into a single statute. There are now over 30 statutes that cover online crime. Criminal justice professionals, including the police and CPS, believe this to be confusing at best and overwhelming at worst. Victims’ complaints are sometimes subject to delay, and there are times when officers are uncertain whether specific activities are criminal or not. The law has developed incrementally as technology advances, and there is an urgent need to codify and clarify the current situation. Consolidation will save police time and money. It will avoid duplication of officers on cases. Swifter action on victims’ complaints will reduce distress and anxiety.

As regards new clause 4, surveillance and monitoring highlights further issues against which there is currently no redress. The identification of these actions as offences will enable the police to counter activities that are evidently related to surveillance with intention to cause distress, and the law should respond appropriately.

New clause 5 addresses the need for training that is fit for purpose. Even in large police areas, fewer than 5% of officers and staff, including call and first response personnel, are trained in cyber-crime. Victims report being advised to go offline and not to use social media by officers. This defies modern communication media. It is equivalent to telling victims of harassment not to venture outside their own homes. The Home Office believes that training is a matter for individual forces, but in the absence of strong central leadership, this can only perpetuate present inconsistencies and variations from force to force. National training would help to raise the status of victims.

Finally, I turn to new clause 44, which calls for the establishment of a specialist digital unit to investigate online offences against children and young people. As I mentioned earlier, there is a real risk intrinsic in dependency on central units, although I acknowledge the work done by the Child Exploitation and Online Protection Centre. But, once again, children’s charities report to us that the scale of abuse of children online in terms of offenders, devices and images is leaving police swamped. There are delays in forensic analysis of devices—delays in some cases of up to 12 months. These delays pose risks to the safeguarding of children.

In Committee, the Minister mentioned the child abuse image database, and praised the accuracy of imagery interpretation and how it aids identification. It is of course to be commended that this database will take some of the load from individual forces. I would argue, none the less, that there is precedent for digital units on a similar model to domestic violence units as a means to ensure that all forces direct proper resources to this serious issue.

Policing and Crime Bill

Lindsay Hoyle Excerpts

Report stage: House of Commons
Tuesday 26th April 2016 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We have seven more speakers, plus the Minister, so I am a little concerned that we will not get everyone in.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I shall try to rattle through my contribution. I shall speak to my new clause 1, but first let me mention new clause 17. I welcome the comments of my hon. Friend the Member for North West Hampshire (Kit Malthouse) and pay tribute to his work as deputy mayor on championing alcohol abstinence and monitoring requirements. I did my bit in the Commons and in the Lords to ensure that the new clause eventually got on to the statute book and we need to make it have meaningful effect.

The evidence from what is happening in London, which is spreading, and the impact on the offender, not least as a result of the inconvenience of having to pay, is significant and supports the South Dakota model. That needs to be taken into account when the measure goes to the other place. There are those in the other place—Baroness Finlay and others—who champion the cause and who will look carefully at the evidence and give further impetus to cost-effective efforts to help those caught up in the cycle of alcohol-related offending.

I welcome the cross-party support for new clause 1 and the support from my hon. Friends the Members for St Ives (Derek Thomas), for Colchester (Will Quince), for South Thanet (Craig Mackinlay), for North West Hampshire, for Richmond Park (Zac Goldsmith), for Romford (Andrew Rosindell), for Congleton (Fiona Bruce) and for Altrincham and Sale West (Mr Brady). Some more recent supporters such as my hon. Friends the Members for Gower (Byron Davies), for Eastbourne (Caroline Ansell) and for Windsor (Adam Afriyie) did not quite make the cut last night to get their names on the amendment paper.

Over a number of years there has been support to ensure that knife crime legislation was fit for purpose and that it dealt properly with the issues of enforcement, recognising as do all of us who represent constituencies that have, sadly, been affected by knife crime, that much work is needed on prevention. I welcome the Government’s work over a number of years to ensure that we tackle knife crime both at its source and when it comes to court. I and a former Member, Nick de Bois, championed mandatory sentencing for repeat knife offending and I welcome the fact that that has now reached the statute book and is being implemented. We will continue to monitor that to ensure that it is implemented properly.

More needs to be done. No one can be complacent about the need to review legislation and to use the opportunities presented by the Bill to deal with knife crime. At 11 pm last night there was another incident of stabbing in the borough of Enfield, where a 28-year-old was stabbed twice in the abdomen and twice in the head in what was probably a gang-related incident. An off-duty police officer found the victim opposite Edmonton police station. The case reminds us of the impact of knife crime.

New clause 1 focuses on the sale of knives, particularly online sales, to those who are under age. I recognise that in some ways that is of marginal relevance. When I talk with police officers about gang crime, they explain that the easiest way for a youngster to obtain a knife is by getting one from the kitchen, or from someone else, or an adult might purchase it for them, so we have to recognise that there are other areas where we can tackle the prevalence of knives that would not be tackled by new clause 1.

--- Later in debate ---

[Gerald Jones]

I accept that the Welsh Assembly Government do not have power over policing, but there is no difference between the 500 PCSOs that the Welsh Government fund—they are part of the policing family—and other PCSOs. They are certainly not what is being proposed in the Bill; they are paid police community support officers who work in communities across Wales. Sadly, because of the Conservative cuts, the number of PCSOs has been drastically reduced elsewhere. Wales is the only area where PCSO numbers have increased, and I am thankful that I represent a Welsh constituency where that is the case. I close by asking the Minister to confirm whether she expects the volunteers to plug the gap that the Government have created by cutting the number of PCSOs.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Geoffrey Clifton-Brown.

[Geoffrey Clifton-Brown]

You have caught me out of my place, Mr Deputy Speaker, but I am sure that what I have to say will still be perfectly valid.

[Mr Deputy Speaker]

I think you left your place.

[Geoffrey Clifton-Brown]

I probably did. I start by drawing attention to my entry in the Register of Members’ Financial Interests. I am the chairman of the all-party group on shooting and conservation, and I am a shotgun and firearms certificate holder. I have tabled several amendments that are technical, so I will take them slowly. They have the support of the British Shooting Sports Council, the Countryside Alliance and the British Association for Shooting and Conservation. Those associations cover very large numbers of lawful certificate holders.

I rise to speak to new clauses 7, 8 and 9 and amendment 1. New clause 7 has three purposes. First, subsections (2) and (3) relate to expanding ammunition. Expanding ammunition is required under the Deer Act 1991 and the Deer (Firearms etc.) (Scotland) Order 1985 to shoot deer, and it is the humane option for pest control and humane dispatch. It is therefore widely possessed. Certificates are rendered more complex by the inclusion of the additional authority to acquire and possess it. Expanding ammunition is also safer than fully jacketed ammunition, being less prone to ricochet.

It is my understanding that the National Police Chiefs Council has asked for a revision of this provision. Currently, special authority has to be given on a firearms certificate for the possession of expanding ammunition, which requires additional administration for the police. The new clause would simplify the licensing process, save resources for the police and facilitate the movement of such ammunition for the trade. Moving expanding ammunition back to section 1 of the Firearms Act would reduce the administrative burden. It is also illogical to have a type of ammunition that is banned by one Act, but required to be used by another.

Secondly, subsection (4) of my new clause 7 would replace the existing section 7(1) of the 1968 Act to address an anomaly in the Act as regards section 7 permits. The insertion of words “or authority” would extend section 7 temporary permits to cover section 5 items held on a firearms or shotgun certificate. That would help in a variety of circumstances when temporary possession has to be authorised—for example, when there are firearms or ammunition among a deceased person’s effects that have to be disposed of by the executors.

Thirdly, subsection (5) of new clause 7 would clarify the law with regard to certificate renewals, and replicate the provision in Scottish legislation that ensures that the possession of firearms remains lawful when there is a delay in renewal. This has happened to me. An application may be made to the police in good time, but because of the number of certificates that the police have to inspect and then decide whether to grant, they do not actually renew the certificate on time. Unless they issue a section 7 temporary permit, the person holding the firearms or shotguns is doing so illegally because the certificate has not been renewed. I therefore suggest the adoption of the Scottish solution.

A recent freedom of information request to all police forces in England and Wales has shown that there has been a substantial increase in the number of section 7 temporary permits issued during the past five years. For example, the number of permits issued in Hampshire has increased by over 15 times, from 79 in 2010 to 1,205 in 2015. It should also be noted that some of the police forces inspected by Her Majesty’s inspectorate of constabulary have failed to issue a section 7 temporary permit to individuals whose certificates have expired, placing those individuals in an illegal situation through no fault of their own. Of the 11 police forces inspected by HMIC, between one and 168 firearms holders were currently in that category in each police force area. Simply by deeming the existing certificate to be in force until it is renewed by the police would reduce the administrative burden on them, and not place the individual certificate holder in the invidious position of holding illegal firearms.

New clause 8 would extend Home Office club approval to cover section 1 shotguns and long-barrelled pistols used for target shooting at clubs approved by the Home Office. These clubs are very strictly vetted. They may possess firearms for the use of their members, who may temporarily possess one another’s firearms. This allows the club to instruct new members in safety and shooting skills, as it is required to do under its licence, and for a range officer to take possession of a firearm on the range in the event of a problem.

At present, the Home Office may approve target shooting clubs to use only rifles or muzzle-loading pistols. Long-barrelled pistols and section 1 shotguns are increasingly popular for target shooting, but because of the limitations placed on firearms for which Home Office approval may be given, only the person—this is the critical bit in relation to new clause 8—on whose firearms certificate the long-barrelled pistol or shotgun is entered may use it at the club. This has adverse consequences in that clubs may not possess such arms for the use of members, and may find that the possession stricture makes safety instruction difficult and, critically, prevents range officers from taking control of such firearms should there be a problem. For example, if the weapon jams or, even worse, if something serious, such as a heart attack, strikes the user of the firearm, the range officer in the club cannot lawfully take possession of the firearm. New clause 8 seeks to amend that provision.

New clause 9 addresses the problem caused by the term “occupier” in relation to the borrowing of a shotgun without a shotgun certificate under section 11(5) of the Firearms Act 1968, and the borrowing of a rifle without a firearm certificate under section 16(1) of the Firearms (Amendment) Act 1988. I will cut a lot of verbiage from my explanation of the new clause by illustrating it with an example. Suppose, Mr Deputy Speaker, that I invite you to shoot on my shoot and I am the occupier. If you bring a friend, he can borrow my gun, because I am the occupier, but he cannot borrow your gun, because you are not the occupier, even though you might be a lawful certificate holder.

Recent inquiries made to police forces suggest a lack of clarity as to how the term “occupier” is understood, but it is construed narrowly. The organisations that I have mentioned carried out a survey. When asked under a freedom of information request for their definition of “occupier”, the majority of police forces relied on guidance. Sussex police force replied that “occupier” meant

“either the owner of the land or the person possessing the sporting (shooting) rights over the land”.

The Durham police force, however, defined “occupier” as

“an owner, lessee or authorised person over the age of 18 years who holds a firearm certificate and who owns or is responsible for land that has rights of hunting, shooting, fishing or taking game”.

Those two examples make it crystal clear how different police forces construe the meaning of the word “occupier”.

The Law Commission’s scoping consultation concluded the following on the lack of definition:

“It has been reported to us by a number of stakeholders that this provision poses real problems in practice for shooting enthusiasts. This is because it inconsistently limits this very temporary, restricted loan of shotguns, with the result that some novices wishing to shoot are arbitrarily forced to take out shotgun certificates in their own names”.

By simply replacing the word “occupier” with

“the owner, occupier or authorised person”,

anyone granted a lawful certificate by the local constabulary would become the authorised person. The new clause deals with the anomaly.

Moving rapidly on to my amendment 1, this Bill will give the Home Office the right to produce statutory guidance by which the police will have to abide, but the shooting organisations fear that they will not be consulted as part of that process. That would be monstrously wrong, because the thousands of lawful certificate holders would not have a say in that guidance. My amendment simply states that other organisations must be consulted on that statutory guidance.

I would like to spend 30 seconds on the Opposition’s amendments on full cost recovery. If they look carefully at the work of the fees working group, they will see that all the organisations, including the Association of Chief Police Officers, the Home Office and the shooting organisations, agreed that the system allows for full cost recovery. Put simply, the police must adopt the new, computerised efficiency systems to give them those reductions in costs. Unfortunately, not all constabularies are complying with that new e-commerce system. I ask the Minister to encourage all 42 constabularies to adopt the system so that they can get the maximum efficiencies and keep their costs to the lowest possible level. That would benefit all certificate holders. Thank you, Mr Deputy Speaker, for allowing me this opportunity.

Court Closures

Lindsay Hoyle Excerpts

Thursday 24th March 2016 Commons Chamber

[Mr Vara]

I hope that I will get some injury time in view of that intervention, Mr Deputy Speaker.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

In view of that speech, you may have some injury time.

[Mr Vara]

I am grateful to you, Mr Deputy Speaker.

My right hon. Friend speaks with passion. He and I have corresponded much, and we have met on many occasions. In fact, it is fair to say that I dreaded entering the Tea Room when I knew he was there, because I knew he would come and speak to me about his court. I think he will agree that I have tried to give him the best information I can, but on the final conclusion he wants, we will have to agree to disagree.

The Government have listened carefully, which is why, in addition to the five court buildings we have retained, we have modified our initial plans for a further 22 sites. The hon. Member for Dulwich and West Norwood will be mindful of that, because the court work that was initially going to be transferred to a court at Wandsworth, 6 miles away from Lambeth, will now be transferred to one at Camberwell Green, just 2 miles away. That was a consequence of our meeting and engagement with the local community.

In eight of the 22 sites where changes have been made, we will not close the court until suitable local alternative provision is in place. Work is under way to determine the specific provision to be provided at each of those locations, and to evaluate a number of options for holding hearings away from traditional court buildings. I expect further testing to take place over the coming months.

Police Funding Formula

Lindsay Hoyle Excerpts

Tuesday 1st March 2016 Commons Chamber

[Mr Jones]

Yes you have.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. If the hon. Lady wishes to give way, she will give way. If she does not want to give way, we all have to respect that.

[Patricia Gibson]

I would simply add that holding an axe over someone’s head because they do not—

[Mr Jones]

On a point of order, Mr Deputy Speaker. We are used to the breathtaking arrogance of the SNP in this place, but it is completely wrong if an hon. Member raises a point that is clearly wrong and does not allow other hon. Members to question it.

[Mr Deputy Speaker]

As you well know from the numerous—[Interruption.] I will deal with it, Mr Arkless. It will be easier if I do. As you well know, Mr Jones, that is not a point of order. If we were to rely on something that we believed not to be correct, we would never—[Interruption.] We would never, ever get through a debate. You and other Members in this House will continue to have different views. We will not always agree. On this occasion, it is not a point of order for the Chair.

[Patricia Gibson]

rose—

[Mr Deputy Speaker]

No, no, just sit down. Let us see if we can help. I want to progress the debate. I do not want it to deteriorate.

[Patricia Gibson]

I was simply going to add that anyone in this Chamber would think, Mr Deputy Speaker, that a unique VAT charge for Scotland’s police force and fire service—

[Mr Deputy Speaker]

Order. Do not bring the Chair into the argument because the Chair will not rule on the debate. I am here to chair the debate, not to make a decision on who is right and who is wrong. I will let you continue with your speech.

[Patricia Gibson]

The Scottish Police Authority, uniquely and therefore unfairly, is the only police authority in the entire UK—

--- Later in debate ---

[Mr Jones]

Because you’re a victim.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Mr Jones, it will be easier if I can hear what is being said. I was hoping that you would speak next. We do not want to spoil that, because I want to hear from you.

[Patricia Gibson]

Apart from the fairness issue, I mention this matter today because this is a debate about managing budgets, and Scotland is being short-changed by the unique VAT charge that is levied on its police and fire services, taking significant funds out of those important and hard-pressed budgets. It is simply not fair. The people of Scotland take a very dim view of it indeed, as well they should.

Despite the budgetary pressures that Westminster is imposing on Scotland, with a real-terms reduction in Scotland’s budget of £1.5 billion or a 5.7% cut in the funding for day-to-day public services over the next four years as a result of the comprehensive spending review, crime in Scotland is at its lowest level in over 41 years. Violent crime is down by 55% since 2006-07.

I believe it was Benjamin Franklin who said that the only certainties in life were death and taxation. He was certainly right about the first, but what has happened with multinational companies in the UK under successive Westminster Governments may have proven him to be a bit off the mark on the second. There is another certainty in life that Mr Franklin overlooked, which is that the one thing that is sure not to be debated during a Westminster debate on estimates is the estimates. The issue of debating the estimates may not exercise the minds of the general public, but I believe that is because it is not well known outside this place how little scrutiny there is of the spending plans of the respective Departments. The scrutiny is negligible and that has suited successive Governments. If the public knew just how inscrutable the process was, I am sure they would have something to say about it.

The supply estimates process is very technical and that is how spending is approved by Parliament, but we must remember in this debate that during the debates on English votes for English laws, the Leader of the House noted the possibility of a review of this process, while at the same time being adamant that the estimates process already allowed us to affect the Barnett consequentials. I simply say that the Procedure Committee, on which I sit, is reviewing the estimates process. We have heard from many distinguished and learned experts—far more learned and distinguished than I, if you can believe that, Mr Deputy Speaker. People from all sides of the political spectrum have argued when discussing EVEL that the estimates process is simply not fit for purpose.

Perhaps I may crave your indulgence a little longer, Mr Deputy Speaker, and point out that the way this House deals with the supply and estimates procedure is simply not sustainable. We need proper debate about the supply procedure to achieve clarity on Barnett consequentials. The scrutiny of the estimates process is simply not robust enough, and this Parliament—the so-called mother of Parliaments—has the least scrutinised spending arrangements in the western world. The process is such that the procedures simply do not give MPs a full opportunity to scrutinise Barnett consequentials of England-only, or England and Wales-only, legislation. Such scrutiny is required in a mature and healthy democracy, and a consequence of EVEL should be reform of the supply process, and that the interests of this matter be a “process of development”. That expression is a direct quote from the Leader of the House, who promised and envisaged that on 22 October 2015. Mr Speaker said that he could not conceive of any Bill that did not have direct Barnett consequentials, and that if there is such a Bill, we Scottish Members could take part in the estimates—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The hon. Lady craved my indulgence, which I have been very good and given. She answered her own question, which is that the Procedure Committee, rather than today’s debate, is the right vehicle in which to take up this issue. I have allowed some indulgence, which I think was only fair, but we must move back to the core of the debate.

[Patricia Gibson]

I take on board what you say, Mr Deputy Speaker, and having craved your indulgence and maximised the level of the patience that you kindly showed me, I was about to return to the police funding formula.

Any discussion of policing budgets in England must in all fairness and justice consider any effects and consequences for Scotland, not least VAT, which is a running sore of injustice in Scotland. Our police in Scotland do an excellent job, but they must have a level playing field. When considering police budgets, I ask all Members who represent English and Welsh constituencies to remember the inconvenient truth that the police in Scotland have a VAT ball and chain round their ankle, which picks money out of the pocket of the police budget to the tune of £25 million every year. No other police authority in the United Kingdom has to contend with that. Saying that Scotland accepted it is simply not good enough. Any reasonable minded person would demand that it stop, and it should stop now. After all, Scotland is supposed to be a valued and equal partner in this Union, and there is nothing equal about the VAT burden.

--- Later in debate ---

[Mike Penning]

On a point of order, Mr Deputy Speaker, this is completely unacceptable. I seek your guidance on how I can correct the record. The reason I took interventions when I did—and I did take some from the Opposition—is that the shadow Home Secretary spoke for 35 minutes and destroyed the debate. How do I get that on the record?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I think you already have.

[Peter Dowd]

Let me repeat that the right hon. Gentleman’s insouciant and dismissive attitude towards Members of this House has antecedents—in other words, he has form. It extended to last year’s police funding formula consultation process, which was widely agreed to be an unmitigated disaster—there are no other words for it. The Home Affairs Committee said:

“It is regrettable that the Minister proceeded on this timescale, and it is unfortunate that he accepted that advice from officials. It is not surprising that, as a result, the process ended in chaos”—

I repeat that police funding in Britain ended in chaos—

“with an Urgent Question in Parliament and the decision to suspend the whole review.”