(3 weeks, 2 days ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
There are no public flights from north Wales to London, so we depend on trains. Travellers on Avanti West Coast’s north Wales service endure chronic overcrowding, reduced direct services to London since covid, rolling stock breakdowns and on-the-day cancellations three to four times higher than the rest of the Avanti network. That franchise runs to 2026. What are the Government doing to make sure that Avanti offers the people of north Wales and their economy a decent—
Order. Come on, that is not even linked to flights. It is about trains. [Interruption.] No, let us not kid each other—there is no point wasting time. Let’s have someone else who will ask the right question. I call Wendy Morton.
(2 months, 2 weeks ago)
Commons ChamberDiolch yn fawr iawn, Llefarydd. I am sure the Secretary of State will join me in sending every sympathy to the friends and family of the late, great singer and comedian Dewi Pws.
On-the-day cancellations on the north Wales to London lines stood at 15.4% in August. We consistently have the highest on-the-day cancellation rates for the entire Avanti network, three to four times higher than the next worst part of the network. How will the Secretary of State use her role to stop Avanti punishing Welsh travellers?
(4 months, 3 weeks ago)
Commons ChamberDiolch yn fawr iawn, Llefarydd. I, too, rise to congratulate you on your re-election as Speaker of this House, and to wish you well in presiding over this historic Session of the new Parliament. I am heartened that, for the first time in history, the proportion of women elected here is over 40%. More than half of those are new to this House. It is fantastic to see steady progress towards proper representation.
I would also like to take this opportunity to congratulate not just the incoming Government on their victory, but the smaller parties in this place. All of us here, whether we belong to the largest parties, the smallest parties or no parties at all, were elected in the same way. Whatever the size of our parliamentary grouping, the principle of one vote, one value is the foundation of our democracy. That principle should be cherished and defended for the sake of all our constituents.
I repeat to the House what I said upon your election all those years ago: all those constituents are equal and they all deserve respect. We begin the work of representing and championing our constituents, and I have every confidence, Mr Speaker-Elect, that you will continue to ensure that representatives here are treated fairly, because our constituents should be treated fairly, too. Diolch yn fawr iawn.
(7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Diolch yn fawr iawn, Llefarydd. In the Netherlands, political pressure has resulted in Tata investing in an electric arc furnace and direct reduced iron technology, all while protecting jobs and keeping blast furnaces open. The German Government are spending €2.2 billion—over four times more than the UK is spending—on transitioning the country’s steel industry towards hydrogen. Why is the UK so uniquely incapable of effective investment in our strategic steel future?
(10 months ago)
Commons ChamberDiolch yn fawr, Llefarydd. The Government’s own estimates warn that new Brexit border checks will increase the cost of fresh imports by £330 million and worsen food inflation. The Secretary of State used to dismiss warnings of Brexit border controls as scare stories. Will he now admit how wrong he was, and recognise that the best way to reduce food inflation, which sits at an eye-watering 8%, would be to rejoin the single market?
I make no apologies for rubbishing the scare stories that came out before Brexit took place. We were told that it was going to lead to the collapse of the economy, to the collapse of house prices, to the end of fresh fruit and veg being sold in shops, and even to no more Magnum ice creams. I think we were even going to run out of Viagra as well at one point. The reality is that none of those scare stories has happened, but it is a bit ironic that the right hon. Lady, the leader of the Plaid Cymru group, is demanding that we rejoin the European Union while at the same time wanting to take Wales out of one of the most successful financial unions—
Order. Secretary of State, I am this way, not that way, and you are getting a little carried away. There are a few more questions, and Liz Saville Roberts has another one for you.
That is a Brexit fantasy, and now we look at the wonder of the UK. Northern Ireland is set to receive over £3 billion and a fairer funding settlement from the Treasury, which I welcome. That includes millions of pounds to help balance budgets. Meanwhile in Wales, councillors face a budget black hole of £646 million, which is set to decimate our social services over the next three years. These cuts will be devastating for people left without resources during the cost of living crisis. As Wales’s man in the Cabinet, what has the Secretary of State done to demand equivalent fair funding for Wales?
(1 year, 7 months ago)
Commons ChamberMy constituents Malcolm Atherton and Beth Cluer run a café in Trawsfynydd, and they have had to face making the heartbreaking decision to hibernate their business in the face of cripplingly high energy bills. Small and medium-sized businesses are the beating heart of the Welsh economy and employ 62.6% of Welsh workers, yet they received no additional support with their energy bills from the Chancellor in the spring Budget. To ensure that Malcolm and Beth can one day reopen their café, will the Secretary of State be urging his colleagues in the Treasury to increase the energy support available to small businesses?
Of course, businesses that are off grid have suffered another experience and a lack of support, but with your tolerance, Mr Speaker, I would like to take the opportunity to raise another matter with the Secretary of State.
Thames Water wastes 630 million litres of water every day through leaky pipes. Rather than fix this environmentally baffling waste, they are planning on moving vast volumes of water from Wales instead. Our natural resources are being diverted elsewhere without recompense, and without consultation with local people either. He says he is Wales’s man in Cabinet. Will he prove it by activating section 48 of the Wales Act 2017 so that decisions about Wales’s resources are made by the people of Wales in Wales?
Order. Can I just say to the right hon. Lady that I have a lot of people trying to get in and that this is unfair? You do get the two questions. Please do not take advantage of the rest of the Chamber.
(1 year, 9 months ago)
Commons ChamberDiolch yn fawr iawn, Lefarydd, a dydd gŵyl Dewi hapus i chithau ac i bawb—happy St. David’s Day to everybody.
Although the Minister might blame the mountains, it is evident that poor connectivity in rural areas is clearly one of the factors holding businesses back. Another is trade barriers, particularly for Holyhead. Pre-Brexit, about 30% of all trade through the port went on to Northern Ireland from Dublin. That trade has collapsed and it is not protected by green lanes. Stena Line says that there needs to be a solution to this disparity. Can he come up with a solution to protect Holyhead from his Government’s policy?
(1 year, 10 months ago)
Commons ChamberI am sure the whole House will want to join me in wishing all the best to Gareth Bale, the former captain of the Wales men’s soccer team, who has been a national inspiration and who took Wales to the football World Cup.
This Tory Government attack dedicated health and ambulance staff, but disruption from strikes is as nothing compared with the chronic disruption caused every day by their 13 years of butchering health budgets. Meanwhile, Labour’s Health Secretary in Wales follows the Tory playbook, blaming patients themselves for standards of health. The reality is this: health services in Wales suffer from a combination of mismanagement by Labour and a Westminster funding system that perpetuates poverty. The Prime Minister used to talk about levelling up—[Interruption.]
Order. The question is far too long. The Prime Minister must have got the drift.
Will the Prime Minister therefore commit himself to funding Wales’s public—
(2 years, 1 month ago)
Commons ChamberDiolch yn fawr, Llefarydd.
Securing employment for offenders is vital to rehabilitation, and the role of experienced probation officers is key to success. Earlier this month, I visited the Caernarfon office of the north Wales probation delivery unit and learned that the region has 27 vacancies in a present workforce of 200. Does the Secretary of State recognise the risk to the effectiveness of rehabilitation and to public safety as a result of the loss of experienced probation staff and increased workloads? Will he commit to no further cuts in probation?
I recognise the challenge across prisons and probation. Making sure that we have the right teams, with staff who have the right experience to work with people, is important in preparing people and avoiding reoffending, which is so important to the safety of our communities. I am very focused on the issue. We are recruiting people across His Majesty’s Prison and Probation Service at the moment. I look forward to making sure that we can support people across the country, and I look forward to visiting Wales to see that for myself.
(2 years, 1 month ago)
Commons ChamberDiolch yn fawr, Mr Llefarydd. The new Chancellor’s veneer of fiscal responsibility fails to disguise the fact that imposing more painful austerity is a political choice made to save the absentee Prime Minister from the consequences of her ideological experiment. With the Welsh Government already facing a shortfall of more than £4 billion over three years, and with public services close to buckling, further austerity will entrench the vast wealth inequalities that characterise this disunited kingdom. Will the Leader of the House admit that now even the pretence of levelling up is dead?
(2 years, 4 months ago)
Commons ChamberDiolch yn fawr iawn, Llefarydd. I welcome the Minister to her place.
The lack of grid capacity in Wales is a chronic problem, stalling both onshore and offshore low-carbon developments. National Grid’s pathway to 2030 proposes a new connection between north and south Wales. Will the Minister commit to working with the Welsh Government to set a precondition for any development of sufficient capacity to ensure that local, small-scale energy projects can access the grid at low cost?
(2 years, 4 months ago)
Commons Chamber(2 years, 4 months ago)
Commons ChamberBirmingham, Crewe, Derby, Doncaster, Newcastle-upon-Tyne and York: that is the shortlist of cities for the headquarters of Great British Railways. The Secretary of State failed to get a single Welsh location as a candidate. Is he not embarrassed at his dismal track record in Cabinet despite being a loyal Government spokesman?
(2 years, 6 months ago)
Commons ChamberDiolch yn fawr, Mr Llefarydd. The International Federation of Journalists’ complaint to the ICC about the treatment of Palestinian journalists is about not only protecting the human rights of journalists, but safeguarding the work that they do as a profession to protect collective human rights. The Secretary of State has spoken many times about the need for an independent and impartial investigation. To ensure that independence and impartiality, will she support the IFJ’s complaint to the International Criminal Court to ensure those very virtues?
(2 years, 8 months ago)
Commons ChamberOn a point of order, Mr Speaker. I asked the Minister very carefully about whether he would respect Wales’s policy of refusing further coal and gas. I am sure that most people in this House will appreciate that this aspect of energy is devolved to Wales, but he replied that energy is a reserved matter. Can you advise me, Mr Speaker, on how awareness could be established within this Government as to which powers are reserved and which powers are devolved to Wales?
(3 years ago)
Commons ChamberWales’s dangerous coal tips loom over our industrial communities like spectres from our industrial past and remind us of how our natural resources were exploited, mostly for the benefit of others. Climate change is set to compound the risk posed by coal tips, and we expect rainfall to increase by around 6% over the next 30 years. This month, the COP26 President said it was vital
“that we help at risk communities adapt to the impact of”
climate change. How is the Minister’s refusal to settle the £600 million bill consistent with that statement?
(3 years, 2 months ago)
Commons ChamberI remind Members that supplementary questions must be in line with the original question.
The Government’s attack on struggling families this autumn will make more than four in 10 families with children over £1,000 worse off. It is no surprise that the Secretary of State is content with plunging thousands of people into poverty, but these families spend their money in high street shops and local businesses. Government policy will be directly responsible for taking £286 million out of the Welsh economy. This is not levelling up; it is hammering down. What assessment has he made of the effect of the £20 cut in universal credit on the Welsh economy?
(3 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Diolch yn fawr, Llefarydd. Let us call this out for what it is: a gross misuse of public money. The shady deal to award a half-a-million-pound covid contract to Ministers’ friends at Public First is yet another example of Tories putting Tory interests first. Given that focus groups were held in Wales, did the Secretary of State for Wales consent to the decision to use the Public First contract for political research purposes?
(3 years, 6 months ago)
Commons ChamberDiolch yn fawr, Llefarydd. The Wales Governance Centre has calculated that, were Wales to be treated like Scotland in relation to HS2 and rail funding, we would be over half a billion pounds better off. Only 1.26% of the firms in the HS2 supply chain are Welsh and we know that, when HS2 is complete, it will take £200 million out of the south Wales economy alone. In the Secretary of State’s opinion, what percentage of HS2 supply chain firms should be based in Wales—or is he happy for his Government to continue to short-change Wales?
(3 years, 7 months ago)
Commons ChamberDiolch yn fawr, Llefarydd. I think it is worth repeating the ministerial code’s seven guiding principles: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The Prime Minister has spent the week ticking them off his “don’t do” list. At the same time, he tries to play down allegations that he said “let the bodies pile high”. Given that the sole judge on questions relating to the conduct of Ministers and the conduct of the Prime Minister is the Prime Minister himself, what happens when a Prime Minister goes rogue?
(3 years, 8 months ago)
Commons ChamberOrder. Can I just say to the right hon. Lady, let us just stop; I do not mind the beginning, but to start extending the sentence in Welsh goes against the rules of the House.
The first part was in Irish, the second was in Welsh and it was wishing everybody a happy St Patrick’s—
Order. I have no arguments with it whatsoever, but unfortunately the House makes the rules; I am only here to ensure that the rules are kept.
Thank you; diolch yn fawr.
Asylum seekers will leave the squalid Penally camp this weekend, thanks to months of campaigning by Plaid Cymru police and crime commissioner Dafydd Llywelyn, and others. The camp is in the Secretary of State’s constituency, but he only became aware of the Home Office plans on 12 September last year, days before people moved in. Despite months of resistance from his own Government, I am afraid to say that he now scrabbles to change the narrative, and he recently dismissed the Welsh Government’s “little status”—those are his own words. Given the “little status” of the Wales Office, how does he continue to justify its existence?
(3 years, 9 months ago)
Commons ChamberDiolch yn fawr iawn, Llefarydd.
As we just heard, the Government claim to have a levelling-up agenda underpinned by a research and development road map. The trouble is that the Tories’ track record on this is not good: in fact, it is abysmal. Wales receives the lowest R&D spend per person of the four nations, at around 40% of spend per head in England, and Westminster’s obsession with the golden triangle of Oxford, Cambridge and London shows no sign of abating. Will the Prime Minister now commit to a further devolved R&D funding settlement to the Senedd, or is he content for Westminster’s road map to be Wales’s road to nowhere?
(3 years, 11 months ago)
Commons ChamberDiolch yn fawr, Lefarydd. It was interesting to hear the reference made to Welsh fishing previously, but I am sure the Secretary of State is aware that 90% of the Welsh fleet is made up of small boats, under 10 metres in length, which catch shellfish and non-quota fish species such as bass. Between the prospect of no-deal tariffs to their markets in Europe and the covid closure of hospitality, fishermen such as those in Porthdinllaen near where I live see no Brexit bonanza on the horizon. As Nelson might have put it, “Wales expects that every Secretary of State for Wales will do his duty.” Can the Secretary of State explain how his Government’s vainglorious Trafalgar posturing with warships in the channel helps our small fishing vessels?
(3 years, 12 months ago)
Commons ChamberDiolch yn fawr iawn, Mr Llefarydd. I would like to add my voice to those welcoming the licensing of the vaccine; this really is a ray of light in dark times.
Last week, the Prime Minister’s Government published their statement of funding, showing a reduction in the amount that Wales receives from transport spend in England, from 80.9% to 36.6%. This reveals in black and white the iniquity of the rail betrayal being inflicted on Wales. Welsh taxpayers are paying for English transport and HS2, but we do not get a fair return. Will he inform the House how much investment he is funnelling away from Wales due to his Government’s decision to label this white elephant an England and Wales scheme, despite not a single inch of the railway being in Wales?
(4 years, 2 months ago)
Commons ChamberThere was a Senedd in Machynlleth. The year 2020 saw the renaming of the Assembly as Senedd or Welsh Parliament. [Interruption.] Maybe the significance is lost on a certain Welsh MP; maybe the significance is lost in translation. [Interruption.]
Order. We are not having a debate across the Benches. Please have the discussion outside afterwards, and let me know the result of that discussion.
Maybe even the debate is lost entirely here or lost in translation, but how can the Secretary of State reconcile this historical serendipity with this Government’s brazen power-grab?
(4 years, 7 months ago)
Commons ChamberDiolch yn fawr, Lefarydd. I too would like to thank all the technical staff. Necessity is truly the mother of invention, and they have done extraordinary work. I would also like to take the opportunity to congratulate the four Plaid Cymru-run councils Gwynedd, Ynys Môn, Ceredigion and Carmarthenshire, as well as Pembrokeshire, on working together to ensure that business support money is directed to those businesses who really need it and as soon as possible.
There remains a concern that the loophole allowing holiday homeowners to register residential properties as businesses for tax purposes to avoid paying council tax will see millions of pounds directed away from legitimate businesses in other local authority areas across England and Wales. How is the Secretary of State working with the First Minister to ensure that second homeowners do not exploit the business rates system across England and Wales and, more importantly, that covid-19 business support money is diverted to the businesses that really need it as soon as possible?
I have to say that that was far too long a question. We have to have short questions in fairness to others.
(4 years, 10 months ago)
Commons ChamberI am delighted to hear the Minister’s commitment that Wales will not lose a single penny. We should be building the whole of our nation. One idea is a railway from north to south, so that we no longer have to travel to the neighbouring nation to go from one end to the other of our country.
I hope that the Minister has had a chance to look at the iTunes charts, where Dafydd Iwan’s protest song “Yma o Hyd”—“We’re Still Here”—has been going up the charts. It has reached No. 1 this week. It was originally, of course, released in the midst of Thatcher’s relentless attacks on Wales, and it might be time to update the lyrics:
“er gwaetha’r hen Foris a’i griw;
ry’n ni yma o hyd.”
[Translation: Despite Boris and his crew, we are still here.]
(6 years, 6 months ago)
Commons ChamberIt is not about my patience, but about Back Benchers.
I have only one question: will the hon. Gentleman explain why the Welsh Labour Government have outsourced dialysis services at Wrexham?
We have always said that there is a small role for the private sector. This is what I said earlier—[Interruption.]
(8 years, 5 months ago)
Commons ChamberI beg to move, That the clause be read a Second time.
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.
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.
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.
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.