Policing and Crime Bill (Seventh sitting)

Liz Saville Roberts Excerpts

Committee Debate: 7th sitting: House of Commons
Tuesday 12th April 2016 Public Bill Committees

[Mike Penning]

I am genuinely pleased that the shadow Minister is not going to push this to a vote. Perhaps it is right that a subject of this seriousness is debated on the Floor of the House on Report. Yet again, I offer the shadow Minister my help and that of my Bill team to see if we can come to a consensus.

The shadow Minister asked specifically whether the police can accompany the person who was still under arrest before they were given police bail, to ascertain their travel documents; under the Police and Criminal Evidence Act 1984, they can do that. Where police have already requested under the arrest warrant their immediate surrender, they can accompany the individual to their place of residence. If they breach that—in other words, they try to abscond and so on—that is where the sanctions in the new clause apply.

Of course, the shadow Minister is absolutely right that under the Terrorism Act 2000, there is no bail—a point that I made earlier on. This proposal relates to other alleged offences. Let us see what position we can come to. It is very important, because we are all as one in wanting to protect the public. We are as one in wanting people who are suspected of terrorism offences not to abscond. But the police have substantial powers at the moment. I have discussed that with them extensively to make sure that they use their existing powers, including making sure that they have the travel documents.

I do not want to go into individual cases. It is for officers in an operation to make operational decisions, not for politicians, but it is for us to give them the powers and to say to them, sometimes, “By the way, you already have the powers and you should use them.” I am pleased that new clause 43 will not be moved and we offer as much assistance as possible to reach consensus, as we have done throughout the progress of the Bill.

Question put and agreed to.

New clause 41 accordingly read a Second time, and added to the Bill.

New Clause 42

Offence of breach of pre-charge bail conditions relating to travel: interpretation

“(1) This section defines words used in section (Offence of breach of pre-charge bail conditions relating to travel)(2).

(2) “Travel document” means anything that is or appears to be—

(a) a passport, or

(b) a ticket or other document that permits a person to make a journey by any means from a place within the United Kingdom to a place outside the United Kingdom.

(3) “Passport” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971),

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or

(c) a document that can be used (in some or all circumstances) instead of a passport.

(4) “Port” means—

(a) an airport,

(b) a sea port,

(c) a hoverport,

(d) a heliport,

(e) a railway station where passenger trains depart for places outside the United Kingdom, or

(f) any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with leaving the United Kingdom.”.—(Mike Penning.)

This new clause defines certain terms used in NC41.

Brought up, read the First and Second time, and added to the Bill.

New Clause 7

National Assembly for Wales: devolution of responsibility for policing

“(1) In Schedule 7 to the Government of Wales Act 2006 after paragraph 20 insert—

Policing

21 Policing, police pay, probation, community safety, crime prevention.

Exceptions—

National Crime Agency

Police pensions

National security”.—(Liz Saville Roberts.)

Brought up, and read the First time.

[Liz Saville Roberts (Dwyfor Meirionnydd)]

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

Diolch yn fawr, Mr Cadeirydd. It is a pleasure to serve under your chairmanship, Mr Howarth. This is a probing new clause, and I do not intend to press it to a Division. None the less, I draw the Committee’s attention to the fact that policing in Wales is an anomaly in the UK. Although policing is a devolved power in Northern Ireland and Scotland, Welsh policing remains reserved to Westminster. At the same time, the Welsh police forces are unique in the UK in that they are non-devolved bodies operating within a largely devolved public services landscape.

When we were discussing the police and fire authorities earlier in Committee, I was aware that there were perhaps cost implications for the police forces in Wales that are not necessarily appreciated. We are seeing changes happening even during the progress of the Bill. It is as important to draw attention to that as much as to the principle of devolving policing.

The Welsh police forces are unique in the sense that they are required to follow the agenda of two Governments; crucially, that means that Welsh police forces operate on the basis of English priorities, such as knife crime. Some of these issues are major problems in England but less so in Wales; correspondingly, issues that are significant in Wales have a lower priority here. Thus, while there are clear and numerous benefits to devolving policing, the arguments for keeping it reserved to Westminster appear to be comparably weak—and weakening, given that it is already devolved to Scotland and Northern Ireland.

That was, of course, reflected in the recommendations of the Silk commission, which was set up by the previous coalition Government and comprised a nominee from each of the four main parties, academics and industry experts. It received written evidence, heard oral evidence and visited every corner of Wales; it was a very broad consultation project. It heard evidence from the police themselves calling for the devolution of policing, and the report recommended as such. All four parties represented on the Silk commission recommended that policing be devolved, as has every Member of the National Assembly.

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[Mike Penning]

I reiterate the comments made by the shadow Policing Minister about the tone of how the hon. Member for Dwyfor Meirionnydd introduced her amendments. It has been useful. The issue is enormously complicated for Wales as part of the United Kingdom. The obvious references to Scotland and Northern Ireland are difficult to add to a report, not least because they have completely independent and different criminal justice systems. There is only one police force in Scotland now, and there has been only one police force in Northern Ireland for many years.

This issue must be decided by the people of Wales. The Government have made it clear that if there is not consensus within the Silk commission’s proposals, we will not consider devolving full powers to the Government of Wales and the Welsh Assembly. I heard the hon. Lady say that there is consensus, and that is certainly true of the correspondence and conversations that I have been having. I reiterate what the shadow Police Minister said. I have visited Wales on many occasions. There are many Conservative MPs there, not least the Secretary of State for Work and Pensions. What I am trying to indicate politely is that it is not a one-party state.

PCC elections will be held in Wales imminently. They will give the people of Wales the best chance to decide what sort of policing they want in their part of the world. That is devolution, and that is democracy. Although I understand that this is a probing amendment, I am also pleased that new clause 7 will not be pressed to a vote.

[Liz Saville Roberts]

I welcome the change of standpoint by Labour MPs. Possibly it indicates a shift since the process undertaken through the St David’s day negotiation resulted in not all the recommendations of the Silk report being adopted, even though they were cross-party.

On devolution and the issues to be decided by the people of Wales, when I was discussing the draft Wales Bill, we were told that in the St David’s day discussions certain issues had been brought ahead or otherwise. I note that the people of Wales did not support the police commissioners in that state when that decision was made.

Finally, another issue that is developing as we speak, in the nature of devolution, is the development of a distinct legal jurisdiction, with a separate legislature in Wales able to produce its own legislation. Although we are talking about 10 years, I anticipate and very much hope that we will see policing devolved to Wales before then. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Annual Report by Chief Inspector of Constabulary

“In Part 2 of the Police Act 1996, omit section (4A) and insert—

“(4A) A report under subsection (4) must include the chief inspector’s assessment of—

(a) The efficiency and effectiveness of policing, and

(b) The crime and non-crime demand on police in England and Wales for the year in respect of which the report is prepared.”.”—(Jack Dromey.)

This new clause would add a duty for HMIC to assess demand on police on a yearly basis in addition to the efficiency and effectiveness of policing.

Brought up, and read the First time.

[Jack Dromey]

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

We believe it is appropriate to charge the chief inspector of constabulary with producing reports on a regular basis, not just on the efficiency and effectiveness of policing but, crucially, on the crime and non-crime demand on police in England and Wales for the year in respect of which the report is prepared and for two and five years ahead. For example, we may disagree on how to handle cybercrime, but it is common ground across the House that it is a major and growing area of crime and a relatively new development; we must therefore always properly assess the demand on the police service before making decisions about how best to meet that demand.

To be quite frank, the problem is that things are increasingly difficult for the police. Some 18,000 police officers and some 5,000 police community support officers have gone. The thin blue line has been stretched ever thinner; ever fewer are being asked to do ever more, on four fronts in particular.

First, following scandals in recent years, there is now a great national will to do everything necessary to protect children in our society. Only last week, Simon Bailey, the chief constable who heads up the police’s multi-faceted strategy on the protection of children, said that it was already costing the police £1 billion, and that that would rise to £3 billion by 2020, such are the scale and complexity of the cases involved, both current and historical, and the investigation necessary.

Secondly, there has been an enormous increase in cybercrime. As we were rehearsing only yesterday, someone is more likely to be mugged online than in the street. Some of the major banks have estimated 20% or 30% increases in attempted crime against their customers every year. The scale of it is enormous.

Thirdly, there is the sheer scale of what is required for counter-terrorism. Last November, the Government decided not to go ahead with what would have been 22% cuts on top of 25% cuts. One reason for that decision was the strong representations, made by people like Mark Rowley and Bernard Hogan-Howe, that numbers matter, both for surge capacity in the event of a Paris-style attack and for neighbourhood policing, which was described by Peter Clarke, the former head of counter-terrorism, as the “golden thread” that runs from the local to the global. The patient building of community relationships is key to gaining intelligence; as a consequence, arrests for terrorism are now happening at the rate of almost one a day. As Bernard Hogan-Howe and Mark Rowley have said before the House, that is a consequence of good neighbourhood policing, but it is incredibly resource-intensive.

Fourthly, there is the wider problem of the police being increasingly seen as the force of last resort. In his powerful contribution this morning, my hon. Friend the Member for North Durham rightly made the point that, if there are no other agencies ready to respond, the police are the force of last resort. Sara Thornton, the chair of the National Police Chiefs Council, said recently that the police tend to be the people who, after 5 o’clock on a Friday, can be counted on to turn out when others perhaps do not because they no longer have the resources. Classically that includes going after looked-after children.

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[Jack Dromey]

Some of the things that the Minister said were helpful. We have common ground on wanting to understand the nature of need. I hope that the Minister’s comments on what the Government are doing and will do in the next stages will contribute to exactly that. In those circumstances we will not push the amendment to a vote. I beg to ask leave to withdraw it.

Clause, by leave, withdrawn.

New Clause 16

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,

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

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

(ac) Theft Act 1968, section 21, and

(ad) 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.”—(Liz Saville Roberts.)

Brought up, and read the First time.

[Liz Saville Roberts]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 17—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 18—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.”

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[Liz Saville Roberts]

Diolch yn fawr. Forgive me if my understanding of procedure is incorrect; I am learning as I go along. I speak about these three new clauses and then I take a response, if I understand correctly.

[The Chair]

The hon. Lady can speak to all three because they are grouped together.

[Liz Saville Roberts]

Thank you very much. I am just covering myself in case something goes terribly wrong.

New clause 16 would place a duty on the Secretary of State to undertake a review of all relevant legislation that contains powers to prosecute people involved in digital crime, and to consolidate those powers in a consolidation Bill. This is because prosecution can currently be initiated using a confusing array of criminal legislation. There are 30 Acts listed here; there are actually more than that but these are the most relevant. Some date back to the 19th century. Existing provision is therefore evidently fragmentary and inadequate, and that is a hindrance to effective prosecution. It allows abuse—which, interestingly, we are talking about, from all directions, more and more—to continue unchecked, up to a point.

A very high threshold is set for the prosecution of hate crime over the internet, and this is understandable, but the way this threshold is interpreted varies between police forces across the country. Indeed, this is true of many aspects of digital crime. People’s experiences when they approach the police can vary widely under these interpretations, and the fact that so many pieces of legislation have to be referred to does not bring any additional clarity when clarity is what we need, first and foremost. So consolidation is the theme of new clause 16.

New clause 17 relates to offences associated with surveillance and monitoring. It would make it an offence, for example, to post messages or images that are discriminatory, threatening or would cause distress or anxiety. It would make it illegal to install spyware or webcams without good reason. It would also place further responsibilities on social media platforms to block offensive postings or postings inciting violence, for example. Current legislation is insufficient to deal with actions whereby people are now using digital means to harass or carry out crime.

New clause 18 is concerned with digital crime training and education. Given that the College of Policing estimates that half of all crimes reported to front-line officers now has a cyber element, there is a real need to consider how we prepare police personnel at all levels to deal with this problem. It is estimated that there are 7 million online frauds a year and 3 million other online crimes. The Chief Constable of Essex, Stephen Kavanagh, has warned that the police risk being swamped with digital crime cases. None the less—this is where training is important—I have been informed that only 7,500 police officers out of a total of 100,000 across Wales and England have been trained to investigate digital crime. This is a particularly significant area because it is extremely new to senior police officers in particular; it has not been part of their training in the past. There is also an issue for the police in that those who are particularly efficient at dealing with digital crime are often offered posts outside the police service.

To summarise this simplistically, it appears that the police, historically, were trained to deal with 20th century crimes, while we are now seeing crime shifting online. From those answering phones in call centres to those dealing with front-line issues, they all need training to respond appropriately to what threatens to become overwhelming. How do we identify what is crime that needs to be addressed and what is unfortunate social behaviour, which we would not condone but we would not necessarily associate with the police? There have been instances in the past of misinterpretation of the most adequate approach. I do not intend to push these new clauses to a Division, but I await the Minister’s response with interest.

[Jack Dromey]

The hon. Lady made a compelling case. I have three points. First, there is the nature of the growing threat and, I hate to say it, the terrible things that people do in the privacy of their homes, including, for example, hate crime and abuse on social media, which are absolutely unacceptable.

Secondly, the hon. Lady is right when she says that there is a real problem of capacity in the police force. Stephen Kavanagh is an impressive chief constable. Some of us struggle with digital literacy, but the figure to which he referred of fewer than one in 10 people being digitally literate is chilling given the scale and rapid rise of digital crime and cybercrime.

Thirdly and finally, the hon. Lady makes a good point about strategy in the police service. For example, with the national fraud strategy, the police have been moving down the path of a national product but local delivery. Local delivery means the work that the police do in terms of prevention and their being more digitally literate in future. Indeed, Gavin Thomas, the new chairman of the Police Superintendents Association, recently said that many more younger police officers who understand the technology need to be recruited. The hon. Lady has put her finger on a very important set of issues relating to a rapidly growing area of crime, the sheer scale of which the police are struggling to cope with.

[Karen Bradley]

I am very grateful to the hon. Lady, whose constituency I am going to try to pronounce correctly. I last dealt with this pronunciation when we considered the Serious Crime Bill last year. I have the luxury of the Solicitor General, who is a very adept Welsh speaker, to prompt me on how to pronounce this: Dwyfor Meirionnydd.

[Liz Saville Roberts]

Not bad.

[Karen Bradley]

Not bad. I will not try again, but at least I have got that far. I am very grateful to the hon. Lady for tabling the new clauses, because they give the Committee the opportunity to debate these important issues. I hope to reassure her that the Government are absolutely committed to tackling them.

Digital crime and cybercrime are threats that we take very seriously. The Government continue to invest in law enforcement capabilities nationally, regionally and locally to ensure that law enforcement agencies have the capacity to deal with the increasing volume and sophistication of online crime. Through the national cyber-security programme, we invested more than £90 million in the previous Parliament to bolster the law enforcement response, and we will continue to invest. As the Chancellor announced in November, the Government have committed to spending £1.9 billion on cyber-security over the next five years, including for tackling cybercrime.

Additionally, we have invested in the national cybercrime unit in the National Crime Agency and created cyber teams in each of the regional organised crime units. Those teams provide access to specialist capabilities at a regional level. I think that we can all accept that it is expensive to have such technical support available to every force at a local level, and that is why the regional organised crime units, with their fantastic cyber units that are accessible to all forces, are incredibly impressive.

I remember visiting the south-east regional organised crime unit during the last Parliament, when organised crime was part of my portfolio, and meeting the young lady who had sat in that unit and cracked the case—I do not know if hon. Members remember it—of the Xboxes that no one could access at Christmas because of the activity of some hackers. A young lady working in one of our regional organised crime units here in the UK solved that crime and found the individuals responsible. We should be proud of the work that those forces do and the fact that we have such incredibly talented individuals working in the ROCUs.

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[Karen Bradley]

My hon. Friend is absolutely right. That is so important. I co-chair, along with the Minister for Children and Families and Baroness Shields, the UK Council for Child Internet Safety—UKCCIS. It is a very important forum, bringing together internet service providers, education providers and people who have the ability to influence young people and parents. Parents must understand that they need to turn their filters on; it may be a pain to have to occasionally put in a password when looking at a website, but those filters will protect their children.

We are also consulting on age verification for pornography. When I was growing up, it was not possible to access the kind of images that children can download on their smartphones and look at in playgrounds up and down the country. It simply was not available. Again, we have to be clear: if a child cannot purchase that material offline in a corner shop, newsagent or specialist retailer, they should not be able to access it online. We need to make sure that we have those safeguards in place.

We need to get rid of any suggestion that this is too difficult or too hard, and say to parents that they need to understand what the dangers are and to make sure that filters are in place so that their children are protected online. Schools have a role to play in that, too, as we all do. I would be happy to write to all Committee members on the work that we are doing, which they can share with their constituents and local headteachers. I will be delighted if we can get more information to headteachers and others about the work that is being done to protect children online.

New clause 18 deals with digital crime training and education, which is linked to the point that my hon. Friend the Member for Eastleigh made. I support the underlying objective, but I do not think that we need to legislate to require police forces to provide such training. Since the introduction of the College of Policing’s cybercrime training course in February 2014, more than 150,000 modules have been completed across all forces, and in September last year the College of Policing launched the second phase of its mainstream cybercrime training course for police forces. This is a modular course consisting of a series of self-taught and interactive modules that are accessible to all police officers and staff, which provides an introduction to how to recognise and investigate cybercrimes.

We need to get rid of the barriers and obstacles that make people think that they cannot investigate a crime because it happened online. They absolutely can; it is the same type of crime. It is money being stolen, it is harassment, it is stalking or it is grooming. These are all crimes. The fact that they happen online does not change the nature of the crime.

Additionally, more than 3,900 National Crime Agency officers have completed digital awareness training as part of equipping the next generation of highly-skilled digital detectives. The national policing lead for digital investigation and intelligence is co-ordinating a programme of activities to equip forces with the capabilities and technology to effectively police in a digital age and protect victims of digital crime. We need to repeat this point: it is not for the Home Office to mandate this training. Whitehall does not know best here. Delivering that training is something that the police are rightly leading on.

In conclusion, the Government recognise that tackling digital crime is one of the most important challenges that the police face today, and we continue to support and invest in the police to ensure that they have the resources and the capability to respond effectively. Having answered the points that the hon. Member for Dwyfor Meirionnydd made, I hope that I have persuaded her not to press her new clauses.

[Liz Saville Roberts]

As I stated earlier, this is a probing new clause. The very purpose of tabling it was to hear the response. I am very pleased to hear that the view on cybercrime is that “crime is crime”. The Minister very effectively described it as “digital paint” being thrown at her constituents.

I believe, in line with those who advise us, such as Stephen Kavanagh, that there is room to look at this matter in a slightly different way. Training is a significant consideration. It has been brought to my attention that, although there are some powerful, centralised initiatives, the front-line work of all police personnel is significant, because there have been cases like the one that I mentioned, in which somebody in a call centre, taking the first contact call, did not interpret the harassment as something that should be taken as a crime. We should be very alert to the means by which we can strengthen the response.

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[James Berry]

Does the hon. Lady agree that this is not just an issue for the Government to tackle, but an issue for internet companies? Whereas online banking fraud has been quite effectively tackled by the banks, companies such as Google, Twitter and Facebook need to do much more. They are some of the richest companies in the world, with some of the best technical brains in the world and if this was an advertising opportunity by which they could make money, they would be up it like a rat up a drainpipe. This is about protecting users and the public, and they need to do a lot more. It is not just an area for Governments; it is an area for the people who are making money out of these services.

[Liz Saville Roberts]

I had sat down, but I will stand up again. I agree entirely. What is very interesting is how we define, as a society, the behaviour that parents should be addressing in their children and how children should be taught to behave online. What behaviour is socially unacceptable, what is the behaviour in which the police should be involved, and what behaviour really is a threat to safety?

[Karen Bradley]

Before the hon. Lady sits down, I would like to give a quick response to the point about internet companies. I want to put it on the record that many internet companies are working very hard with the Government to deal with this issue. There is always more that can be done, but Google, for example, works with the Government and the Internet Watch Foundation to make sure that we close down inappropriate or illegal content as soon as it is identified—if not before it is identified, in fact. I pay tribute to them for the work they have done with the Government on that.

[Liz Saville Roberts]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 19

Modern technology: specialist digital unit (child abuse)

“(1) The chief officer of each police force in England and Wales 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.”—(Liz Saville Roberts.)

Brought up, and read the First time.

[Liz Saville Roberts]

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

[The Chair]

With this it will be convenient to discuss new clause 20—Child sexual abuse: specialist unit—

“(1) The chief officer of each police force in England and Wales must ensure that within their force there is a unit responsible for working with local agencies to coordinate early identification of children at risk of child sexual abuse, including child sexual exploitation, and early identification of children and adults at risk of sexual offending.”

[Liz Saville Roberts]

Diolch yn fawr iawn. Everyone will know how to say “thank you” in Welsh by the end of the afternoon.

New clauses 19 and 20 relate to offences against children. New clause 19 relates to online offences against children and calls for modern technology specialist digital units for child abuse. Again, these are probing amendments and are pertinent to what we have just been discussing. New clause 19 would ensure that every local police force has a specialist digital child abuse unit with the latest equipment and expertise to analyse, investigate and take action in relation to online offences against children, including children being groomed and forced to commit sexual acts online, and the making and sharing of sexual images and videos involving children.

We have talked about the explosion of online crime, so I will not go through it again, but I echo the concerns that the National Society for the Prevention of Cruelty to Children, the Children’s Society and Barnardo’s raised during oral evidence to the Committee about the lack of capacity and expertise within local police forces to tackle these crimes. Beyond the cases that reach the Child Exploitation and Online Protection Centre threshold, local forces are left with a huge volume of other cases where children are at risk, which they do not have the expertise or capacity to deal with adequately.

Emerging findings from research by the NSPCC show that the scale of this type of offending is far greater than previously thought. The sheer volume of offenders, devices and images relating to online offences against children has left the police swamped and unable to protect children to the best of their ability. In one sense, the increase in recording and reporting is to be welcomed, as these crimes are now being recorded. None the less, they are increasing, which is an issue that we should be addressing.

Recent reports by Her Majesty’s inspectorate of constabulary on the responses of individual police forces to child protection cases have revealed significant delays—in some cases of up to 12 months—in the forensic analysis of the devices of suspected offenders. We are talking about children here. Some of those delays can pose serious risks to the safeguarding of children, leaving offenders free to continue abusing or exploiting other victims, not to mention the impact on the child victim. While the expertise and capacity of high-tech and cybercrime units are crucial, it is child protection and offender management knowledge and skills that are vital to ensuring that children are best protected.

The Prime Minster gave child sexual abuse the status of a “national threat” in the strategic policing requirement, but what assessment has been made of the increased policing capacity and expertise needed to deal with this issue, given the rise of online offences, and what reassurances can the Minister give that those will be made available? What steps are Ministers taking to ensure that police forces are trained and have the necessary technical capacity to investigate such offences using the newest technology available?

New clause 20 is concerned with preventing child sexual exploitation and with the establishment of specialist units for child sexual abuse. It would help to ensure that all police forces had the resource and support that they needed to work with other local agencies to prevent child abuse, including child sexual exploitation. This subject is particularly pertinent to me because I work with North Wales police. Of course, the Macur review, which discusses this area, was published recently. That review was based on the Waterhouse inquiry, one of the recommendations of which was that there should be a children’s commissioner for Wales. How forces operate in respect of these issues is very significant. I am glad to say that my force, North Wales police, has a child sexual exploitation unit.

In the current economic climate, the police and others face a significant challenge in focusing on prevention. By the time incidents of grooming or sexual abuse come to the attention of the police, it is too late. The Government need to send a clear message that the early identification of children at risk, and of adults and children at risk of offending, is vital. Improving identification of children at risk means confronting difficult issues. Around a third of sexual offences are committed by children under the age of 18. That is often called peer-on-peer abuse. Barnardo’s is currently running a cross-party inquiry into how we can improve our responses to such young people, many of whom have themselves been the victims of abuse or trauma. Police and local agencies must have the resources that they need to work together, and in partnership with charities and others, to prevent horrific crimes such as child sexual exploitation. Will the Minister commit to ensuring that that will happen?

[Lyn Brown]

I support new clauses 19 and 20. New clause 19 would ensure that there was a unit specialising in analysing and investigating allegations of online offences against children within each police force, and new clause 20 would ensure that there was a unit responsible for working with local agencies to co-ordinate early identification of children at risk of sexual abuse. This is important preventive work.

A report by the Children’s Commissioner in November last year showed that only one in eight children who are sexually abused are identified by professionals. I really do not think that that is good enough. Early identification is incredibly important. The National Police Chiefs Council lead for child protection and abuse investigation, Chief Constable Simon Bailey, has said that

“by the time a child reports sexual abuse the damage has been done and we must do more to stop the abuse occurring in the first place.”

I could not agree more.

We need to do better on early identification, and the specialist units provided for in new clause 20 would help towards that end. The provision for a specialist unit within each police force would mean that both the police and the Crown Prosecution Service had a specialist or specialists working exclusively on child sexual exploitation, just as now happens with domestic violence. Many police forces already have specialist units dealing with child sexual exploitation and that is to be welcomed, but it would be good to see this replicated across the country if possible. Making the provision of specialist units statutory will help to give vulnerable children in all areas of the country a much greater chance of having their abuse recognised before it is too late.

The last decade has seen a huge increase in the number of children with access to the internet, particularly using smartphones and tablets. Current data shows that 65% of 12 to 15-year-olds, and 20% of eight to 11-year-olds own their own smartphone. In 2004, Barnardo’s identified 83 children as victims of some kind of online abuse, but today that number is in the thousands. Clearly, the way in which perpetrators of child sexual abuse contact and groom vulnerable children is changing, and those of us who wish to prevent these awful life-damaging crimes must change the way that we work too.

Barnardo’s 2015 report states that

“young people at risk of harm online may not have any previous vulnerabilities that are often associated with being victims of sexual abuse and exploitation”.

As a result, these victims are less likely to be known to the authorities and the police may only identify cases of exploitation when it is really rather too late. Encouragingly, in July 2014, initial outcomes of Operation Notarise showed that 660 people suspected of sharing illegal images of children had been arrested and around 500 children had been safeguarded. I welcome the good work that the police and charities like Barnardo’s are doing to combat online child sexual exploitation, but this is not the time to be complacent. I am very interested in hearing the Minister’s response to the suggestions in these new clauses.

--- Later in debate ---

[Karen Bradley]

I understand exactly the hon. Lady’s point, but I think we need to differentiate between online and offline exploitation of children. Policing online exploitation is a detailed, technical job that requires great skill and depth. CEOP, which is part of the National Crime Agency, leads on that nationally, with the child abuse image database that is rolled out to all forces, and with their expertise. The Prime Minister committed £10 million to CEOP at the first WePROTECT summit at Downing Street in December 2014; my right hon. Friend the Minister for Policing, Crime and Criminal Justice was there. We have the specialist capability sitting within CEOP to give all local police forces access to data on online grooming and exploitation.

However, dealing with child sexual abuse in a wider context—not necessarily online—has to be part of every police officer’s work: working with the multi-agency safeguarding hub, with social services, with health professionals and others to ensure that we identify the victim. It is not as easy as finding a victim online—although that is not easy either—because these are very hidden crimes. We need to ensure that they are the business of every police officer, that all officers are aware of what is involved, and that we work within the multi-agency safeguarding hub.

Frankly, it is far too often the police who end up leading on this matter. When a crime is committed, the police absolutely have a role to play. But if there is an allegation of abuse within a family context, two big burly coppers turning up at the front door may not be as successful as a social worker or a health professional. We need to get the right professionals and it needs to be an operational local matter; it is not something that we should be mandating nationally. With that in mind, I hope I have persuaded the hon. Member for Dwyfor Meirionnydd to withdraw her new clause.

[Liz Saville Roberts]

I reiterate the point that the hon. Member for West Ham made: there is a risk, when making something everybody’s responsibility—particularly children and safeguarding—that it becomes nobody’s responsibility. It was felt that the particular focus required for the police to deal with domestic abuse would not have come about without units present in every police force; that prompts similar questions for child sexual exploitation, which is very much in the same area.

I do not intend to press the matter to a Division, but I hope we will be able to discuss it further. We are all aware of incidents such as those in Rotherham—we can all list them—and the ongoing cases within Operation Pallial; we know that we have not solved the problem, in any shape or form.

[Karen Bradley]

May I make an analogy with mental health, which we were debating earlier? I think the difficulty there was that the police stepped into a void that no other agency was stepping into. We have the opportunity here to have multi-agency and cross-agency working, to really help children. My fear is that, if we mandate the police to be the agency that deals with the problem, it will all be police-driven. I am not sure that that is in the best interest of the victims or that it is the best way to tackle this issue. I think that there has to be a multi-agency response, which is what we are working towards through the work that all multi-agency safeguarding hubs and others are doing.

[Liz Saville Roberts]

I thank the Minister for her comments, which I appreciate, but none the less it strikes me that in my own area North Wales police, evidently as a result of the Waterhouse inquiry and Operation Pallial, which is, of course, ongoing, felt it needed a child sexual exploitation unit. We know that child sexual abuse is not restricted to certain areas of the country. Yes, many cases—the majority of cases, possibly—are intra-familial and we have talked about peer-on-peer, but if it was felt to be significant and necessary in north Wales, and wherever the other units are, I feel strongly that it is necessary throughout all police forces. I ask the Minister to consider this again on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 21

“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—

(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 who is—

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

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

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

(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 the care order, the emergency protection order, or section 46, as the case may be; 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.”—(Liz Saville Roberts.)

Brought up, and read the First time.

[Liz Saville Roberts]

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

Diolch yn fawr iawn eto byth. You may be glad to hear that this is the last time you will be hearing my voice on another aspect of children’s safeguarding in relation to abduction. Again, I shall not be pushing new clause 21 to a Division. This probing measure concerning child abduction warning notices, or CAWNs, would ensure that police can protect vulnerable 16 and 17 year- olds by the same method they use to protect younger children.

Child abduction warning notices are used by the police to disrupt inappropriate relationships between children and people who seek to groom them. We mentioned earlier that children are maturing sexually earlier, but not emotionally. There are, of course, people who are very vulnerable although they have reached the age of 16 or 17. These notices are civil orders stemming from the Child Abduction Act 1984. In addition to their use with under-16s, they can currently be used to protect very limited groups of vulnerable 16 and 17 year- olds—those children who have been formally taken into care under section 31 of the Children Act 1989, those subject to an emergency protection order and those in police protection. This, as you can imagine, accounts for a very small number of vulnerable 16 and 17 year-olds. Latest statistics for England show that just 190 16 and 17 year-olds were taken into care under section 31 last year. This left a further 4,320 young people of that age who became looked-after in the same year who would not have the same protections if they were at risk of sexual exploitation.

This is particularly concerning when reported sexual offences are on the rise. In Wales alone there was an increase from 1,545 incidents in 2013-14 to 1,903 in 2014-15. Anything we can do to prevent these offences, including using child abduction warning notices, is vital, as I am sure we would all agree. Professionals working with vulnerable young people and charities such as the Children’s Society and Barnardo’s have consistently argued that CAWNs should be available for police to use in the protection of all vulnerable 16 and 17-year olds. Will the Minister therefore consider closing this loophole in the law?

[Lyn Brown]

I do not want to repeat everything the hon. Lady has said, but I agree with much of it. Child abduction warning notices can only currently be issued with regard to children under the age of 16, or to 16 and 17 year-olds formally taken into social care under a section 31 notice. We believe that, when it comes to sexual exploitation, this is simply too narrow a definition of a child and that there are very vulnerable 16 and 17 year-olds who could be protected by a child abduction warning notice. The most recent annual statistics available show that only 190 children aged between 16 and 17 were taken into care by their local authorities under a section 31 notice and would thus be able to be protected by a child abduction warning notice. However, a further 4,320 young people of that age are looked after by their local authorities and, as the law currently stands, they are not able to receive that form of protection. The Children’s Society report, “Old enough to know better?”, calculated that the number of 16 and 17-year-olds who live outside the family and are vulnerable to sexual exploitation is actually as high as 7,200. Whatever the exact number, there is clearly a substantial gap between the number of vulnerable 16 and 17-year-old children and the number eligible to be protected by a child abduction warning notice.

--- Later in debate ---

[Karen Bradley]

I understand the hon. Lady’s point. I am working closely with my colleagues in the Department for Education to ensure that children in care have special treatment. To be clear, children in care do get different treatment from those who are otherwise vulnerable.

I will give an example, which I raised with the Children’s Society when it gave evidence, of where that could create problems. In an honour-based violence situation, a young person may have chosen to leave home because they fear what might happen to them there. I have heard horrendous examples of 16 and 17-year-old girls who left home and were forced to go back to their parents because they were vulnerable and that was the best place for them. In some cases, that led to the most horrendous outcomes. We have to be very careful and mindful of the fact that we confer rights on 16 and 17-year-olds over and above the rights that are conferred on 14 and 15-year-olds.

I appreciate fully the hon. Lady’s point about ensuring that children in care have special protections and, as I say, I am working closely with the Department for Education to ensure that we deal with that. I hope that she will recognise that the Government have legislated to introduce new civil orders, sexual risk orders, and slavery and trafficking risk orders, which provide the police with powers to tackle predators of 16 and 17-year-olds. We need to use those orders and civil powers, not make a blanket decision at this stage without having thought very carefully about the consequences.

That is why I would appreciate having a discussion. I understand that the hon. Lady referred to the hon. Member for Rotherham. I would be happy to meet them both to discuss this issue further, but we need to be careful. Before making a blanket decision on a matter such as this, we need to think about all the risks and consequences for all young people, on whom, as I say, at 16 and 17 we confer rights of adulthood in many ways. We need to respect those rights. For that reason, although the hon. Member for Dwyfor Meirionnydd said that she would not press the new clause to a Division, I would be happy to discuss this issue further.

[Liz Saville Roberts]

I thank the Minister for her full response and I appreciate that she is endeavouring to address this issue. I am particularly concerned that, as we are very much aware, vulnerable 16 and 17-year-olds can be targeted and are more open to abuse because they have reached an age at which some people perceive that it is legal to act so. The 1984 Act gives some precedent for us to look at those groups of people. If three categories of young people are already defined in that Act, are there other categories that we could look at pushing ahead with? However, I appreciate what the Minister said about being cautious about taking a blanket approach and I would very much like to take her up on her offer to meet her and the hon. Member for Rotherham. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 44

Controlling and coercive behaviour in non intimate or family relationships in relation to a child aged 16 and 17

‘(1) Section 76 of the Serious Crime Act is amended as follows.

(2) After Section 76, insert—

“76a Controlling and coercive behaviour in non intimate or family relationships in relation to a child aged 16 and 17

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

(a) A repeatedly or continuously engages in behaviour towards a child (B) aged 16 or 17 that is controlling or coercive,

(b) at the time of the behaviour A and B are not in an intimate or family relationship which each other,

(c) the behaviour has a serious effect on B, and

(d) A knows or ought to know that the behaviour will have a serious effect on B.

(2) A’s behaviour has a ‘serious effect’ on B if—

(a) it causes B to fear, on at least two occasions, that violence will be used against B, or

(b) it causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities, or

(c) it inhibits B’s ability to withhold consent to activities proposed by A through A supplying B with drugs or alcohol.

(3) In this section the ‘non intimate or family relationships’ are relationship other than those defined in Section 76.

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

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both.”’—(Carolyn Harris.)

This new clause would make controlling and coercive behaviour towards a 16 or 17 year old a criminal offence.

Brought up, and read the First time.

[Carolyn Harris (Swansea East) (Lab)]

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

It is a pleasure to serve under your chairmanship, Mr Howarth. I congratulate the hon. Member for Dwyfor Meirionnydd—I can say it—on the excellent way in which she presented her arguments on the measures tabled in both her name and mine. I support everything that she said.

New clause 44 would make controlling and coercive behaviour towards 16 and 17-year-olds a criminal offence. I cannot accept the argument that 16 and 17-year-olds are that capable of knowing their own minds; there seems to be a contradiction if they are capable of making decisions about their sexual behaviour but are not permitted to vote. That aside, this behaviour—child sexual exploitation—is happening every day in our constituencies and communities and in the homes of many young people. That behaviour takes many forms, and it is our job to ensure that the law is able to address them all.

Through the Serious Crime Act 2015, the Government introduced a new offence of coercive and controlling behaviour. That rightly seeks to prevent vulnerable individuals in intimate and family relationships from suffering abuse. It recognises that domestic abuse is wrong and illegal, and that individuals do not need to prove specific instances of sexual or physical violence. The 2015 Act focuses on habitual arrangements, but there are parallels to be drawn in other contexts. In the case of child sexual exploitation, police often struggle to prove specific instances of sexual or physical violence. Supplementary documents to the Government’s guidance, “Working Together to Safeguard Children”, acknowledged that

“Violence, coercion and intimidation are common, involvement in exploitative relationships being characterised in the main by the child or young person’s limited availability of choice resulting from their social/economic and/or emotional vulnerability.”

However, the current offence of child sexual exploitation is much more narrowly defined in legislation. It mentions power and coercion, but it must go further. In particular, we must recognise the role of drugs and alcohol in coercing a child into sexual activity in a private residence. Will the Minister commit to reviewing the offence in the 2015 Act, and will she consider what more can be done to ensure that those who are grooming children using drugs and alcohol receive appropriate sentences?