(4 years, 8 months ago)
Commons ChamberDiolch yn fawr iawn, Madam Ddirprwy Lefarydd.
The Bill is an assault on the human rights of men and women who happen to be asylum seekers and on our common humanity. Across Wales, thousands of decent people are united. This legislation shames us, and it is not in our name. It expands the hostile environment by criminalising asylum seekers and their families. The Bill’s proposed tier system for claiming asylum rips up the basic tenets of the 1951 refugee convention: that people’s mode of arrival should have no influence on whether they are legitimate refugees or on their right to make an asylum claim.
The potential criminalisation of the life-saving work of organisations such as the RNLI is incomprehensible. I commend the determination of our lifeboat crews to continue to come to the aid of anyone in peril on the sea. The Bill threatens to penalise seafarers if they do not leave people to perish, and thus it scorns the UN convention for the safety of life at sea, as well as the refugee convention.
Expanding the use of detention-style asylum accommodation will result in more people being sent to sites such as Penally camp in Pembrokeshire, which was described by the Independent Chief Inspector of Borders and Immigration as
“impoverished, run-down and unsuitable for long-term accommodation.”
Let us not forget that the Home Office was shamed into closing Penally only four months ago.
The human cost of these proposed changes would be immense. They would criminalise people such as Joseff Gnagbo and prevent them from seeking sanctuary in the UK. After fleeing the Ivory Coast following threats to his life, Joseff sought refuge in Wales. He now works as a carer, a translator and a teacher, and he volunteers for Cymdeithas yr Iaith, the Welsh Language Society. These are his words, and they are worth hearing:
“We are already treated as an inconvenience under the current asylum system. Under these reforms, we will be treated as criminals... The welcome I have received by the people of Wales in that time is in stark contrast with the Home Office’s cruel policies. I want refugees and asylum seekers to have more help in integrating into Welsh society. Sadly, this legislation seeks to make that almost impossible.”
Wales is a far richer place because of people such as Joseff, but the Home Secretary would make criminals of them. We must stand up to this heartless borders Bill, which prevents Wales from fulfilling the humane, honourable ambition of our own Parliament: to become
“a nation of sanctuary for refugees.”
(4 years, 8 months ago)
Commons ChamberThat is an extremely interesting point, and I promise I will look into it.
Like thousands of other Welsh fans, I stand with Marcus Rashford and others, including many Welsh players, against the vile racist abuse they have received. Tory Home Secretaries have wasted years through their inaction on this issue. In 2016, I introduced my Criminal Offences (Misuse of Digital Technologies and Services) (Consolidation) Bill, which included tackling racist abuse online, to make the current fragmented law workable in the 21st century. Five years on, we are still waiting for action. I have a specific question: will the Online Safety Bill provide clarity on what constitutes illegal racist hate speech against groups of people as well as offences against individuals?
The hon. Lady knows that we have asked the Law Commission to look into the laws relating to malicious online communications. I declare my interest as a former prosecuting counsel. This is a horribly complex area of law, and as technology develops with, for example, deep fake images and so on, it becomes more complex. That is precisely why we asked the Law Commission to look into it. In terms of the hon. Lady’s other challenges, the Bill is going to be scrutinised at length by the House, so she will no doubt have the opportunity put her views forward. I want to get the message out that the Online Safety Bill needs to be considered carefully, because we very much want it to be a piece of legislation that stands the test of time. I cannot really think of another country in the world that has entered into such an ambitious project to try to bring some of these corners of the internet into the light so that we do not see these sorts of practices online.
(4 years, 8 months ago)
Commons ChamberIf the hon. Lady will forgive me, I will not give way—Madam Deputy Speaker would have my guts for garters.
The Government need to consider how we modernise the set of laws that this place has changed for Northern Ireland but has not had the opportunity to do so in a thoughtful way for England and Wales. The strong feeling on both sides of the House shows that there is an argument for thinking about this further, particularly with the two specific amendments.
I will turn to new clause 42. The Bill already recognises that protests should not stop others going about their daily business. Frankly, new clause 42 does similarly for individuals who want to access abortion advice and services. I hope that the Minister will reflect on the amendment in her summing up.
I do not support new clause 55 by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) because of the expansiveness in the way it is drawn. I have deep sympathy, however, and support her in her wish to see abortion decriminalised for women in England and Wales, as has been done in Northern Ireland. We in this House have to take the opportunity to have a thoughtful and thorough debate and to have it in the very near future.
I rise to speak as co-chair of the justice unions parliamentary group. There is an awful lot that I would like to say about this Bill, but unfortunately I have to restrict my comments to amendment 47.
The amendment seeks to correct an anomaly in the legislation brought by the hon. Member for Rhondda (Chris Bryant) in his Assaults on Emergency Workers (Offences) Act 2018, whereby the only members of prison staff included in the protected category of emergency workers are prison officers and some healthcare workers, while other prison workers, such as teachers or instructors, are not protected. That is simply unfair and increases the risks for those staff: it effectively paints a target on their backs because prisoners are well aware of the law and know that the penalties for attacking a prison officer are way more severe than those for attacking the teacher who might be standing next to them.
The 2019 “Safe Inside” survey conducted by the Joint Unions in Prisons Alliance showed that all prison staff—not just prison officers, but prison educators and teachers as well—are subjected to shocking levels of violence and are routinely exposed to harmful drugs. More than a quarter of staff reported having been a victim of physical violence in the last 12 months. Of those, 14% said that they had been assaulted more than 10 times in that period.
The youth estate, for example, often houses children who are locked up hundreds of miles from family and support. The resulting strain on mental health is a contributing factor towards violence against staff. Of course, in Wales, as education is devolved, things run differently so the Bill’s impact will be felt differently, which is something my hon. Friend the Member for Arfon (Hywel Williams) will raise later.
Here is one horrific example from an educator in a young offender institution:
“I turned to press the radio and as I did so I felt the young offender’s arms around my neck and he put me in a headlock and began to strangle me, I managed to say “Assistance” on the radio, but before I could say my location, he had my arm above my head to stop me calling for help, he dragged me down to the ground, he continued to strangle me with his left arm and he hit me repeatedly in the head with the other. As he was doing so, he said he had mental health issues. It felt like longer but, I think the officers arrived in approximately five minutes after the incident began and physically removed him from me.”
No teacher, educator or instructor should be expected to work in an environment where terrifying assaults like those are not treated with the same severity as those against prison officers. For that reason, I urge all Members to show those brave front-line public servants that we prioritise their safety as emergency workers, too.
I call Steve Brine, who has 90 seconds.
(4 years, 8 months ago)
Commons ChamberI welcome the Minister’s statement. I am keen to pursue this and to work with her on it, as we have cross-party support. I really do want to see progress and I hope we can achieve that in the House of Lords.
This is, once again, about the blind spot where the legal system does not recognise the reality of violence against women and girls. There may be many reasons why a six-month time limit is appropriate for summary offences about altercations between acquaintances in the pub or tussles in the street, but it is not appropriate for domestic abuse—for the experience of violence against women and girls that is, too often, being missed out in the criminal justice system, where thousands of cases a year may be affected in this way. We have support for changes in this area from the domestic abuse commissioner of Refuge, Women’s Aid, the Centre for Women’s Justice, and West Yorkshire police.
On new clause 31, the Select Committee has conducted a detailed inquiry into violent abuse against shop workers. We have recommended a stand-alone offence because we need to strengthen the focus on this escalating offence and to have the police take it much more seriously. It is simply unacceptable that shop workers should face this escalating abuse over very many years. The new offence of assault against emergency workers has made a difference and increased prosecutions, and we need to increase prosecutions in other areas as well.
Will the right hon. Lady give way? [Interruption.]
No, because I am very conscious of Madam Deputy Speaker’s coughing to remind me not to.
I also hope that the Government will accept amendments that provide greater safeguards for freedom to peacefully protest and strengthen the law on kerb-crawling, but I particularly hope that we will continue to work on much stronger protection for victims of domestic abuse and those who suffer from violence against women and girls.
I have five new clauses in this group. New clause 64 would ensure more timeliness of investigations of complaints against police officers and allegations of police misconduct. On new clause 70, at the moment a police officer has the power to tell somebody to stop their car, but not to shut off the engine. My new clause 70 would give them the power to shut off the engine as well, because not having the power to do that can put police officers in a dangerous position, and this would deal with that anomaly. New clause 71 would remove the word “insulting” from section 4A of the Public Order Act 1986. People should not be guilty of an offence for using insulting language, in my opinion. It would still keep threatening and abusive language as an offence, but the word “insulting” really should have no place in the law. New clause 72 would criminalise commercial squatting and squatting on land. The Bill addresses the issue of trespassers on land, but misses the opportunity to expand the current residential squatting offence to cover village halls, churches, pubs and so on, and is much needed in many local communities. New clause 84 would mean that non-crime hate incidents could not be recorded on the national police database. The police should be focusing their efforts on tackling crime, not non-crime incidents. I hope, by the way, that the Government will respond in detail with why they are not accepting my entirely reasonable new clauses, because I would be very interested to know why they cannot accept them.
I also want to talk about new clauses 31 and 90. As somebody who spent 12 years working for Asda before I became an MP, I feel very strongly about the issue of violence against shop workers. These are often very low-paid people who are expected by the Government, in effect, to enforce the law—whether it is on age restrictions or, in recent times, about covid rules and restrictions, face mask wearing and social distancing—and the only thanks that many of them have had for keeping the nation fed during the covid restrictions, and for going out to work every single day to make sure that happened, was to see the number of assaults on them double over that period. It is an absolute disgrace.
The Government say that the courts can already use this as an aggravating factor if necessary, but the law to charge people with assaulting an emergency worker was introduced even though that could already be used as an aggravating factor if necessary. New clause 90 is better because it covers not just shop workers, but all people who are on the frontline and providing a service to the public. I hope the other parties will reflect on that and support new clause 90.
I am not going to give way, because so many people want to speak and there is not much time. I hope the right hon. Lady will forgive me.
New clause 90 is much better, and I hope hon. Members will support it. I will support new clause 31 as well, but new clause 90 is much better. These workers deserve our support. They have done so much for us over recent years. Surely the least that they can expect—the least that they can expect—from this House is for them to see that we are on their side, respect the job they have done and understand the terrible abuse they get, often, as I say, for very little reward, at the hands of their customers. We should be there to protect them.
This will just give the Crown Prosecution Service and the police an extra tool in their armoury to make sure that those who assault frontline workers and shop workers are brought to justice and to make sure that those shop workers and frontline workers get the justice they deserve. This House should be on their side, and I very much hope the Government, at this late stage, will reflect on this and accept new clause 90. It only uses the same wording as the Sentencing Council uses when it considers whether this should be an aggravating factor. It is well-used terminology to describe people who are providing a service to the public, including shop workers. This is a really important moment for the Government, and I hope that they will show they are on the side of our shop workers and frontline workers to whom we owe so much, particularly over the last 15 months.
(4 years, 10 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
I am grateful to my hon. Friend, who, as usual, puts her finger on the key issue—the relationship between the police and the CPS, in their collaboration to get a case to court, is absolutely critical. I hope she saw that, in January, the National Police Chiefs’ Council and the Crown Prosecution Service launched their joint national action plan, with five themed areas of work that are designed to do exactly that. Those are on support for victims; casework quality and progression; digital capability and disclosure, including looking at mobile phones, as I mentioned earlier; people and expertise—critically, building knowledge and expertise—and engaging properly with stakeholders. I know that Deputy Chief Constable Sarah Crew, with whom I have met many times, and Baljit Ubhey and Sue Hemming from the CPS are leading the charge on this. They form part of the criminal justice support taskforce, which I lead, to try to drive the kind of results that we want to see.
Diolch yn fawr, Dirprwy Lefarydd. The shocking drop in rape convictions demonstrates the need for urgent, radical, systemic change. Welsh Women’s Aid has stressed to me the importance of accurate, disaggregated data for Wales in its monitoring of the current duty to prevent crime and protect victims under the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015. Will the Minister commit to a regular publication of Wales-specific data relating to cases of rape, and will he acknowledge that prosecution support services will work effectively for rape survivors only when justice powers are devolved to Wales, as they are to Scotland and Northern Ireland?
Data and transparency is one of the key themes that we have been looking at as part of the rape review. There will be an announcement, when the plan comes, about what we intend to do in terms of reporting. I am afraid that I do not support her call for more devolution. I think that England and Wales are stronger together on this issue, as on so many others.
(4 years, 11 months ago)
Commons ChamberDiolch yn fawr Madam Ddirprwy Lefarydd. I, too, would be very grateful for the opportunity to pay tribute to Dame Cheryl Gillan. She was of course a former Secretary of State for Wales, and when I first arrived in the House in 2015 I personally found her very keen and very supportive of cross-party working. It was a pleasure and honour to work with her.
I am, of course, pleased that this vital legislation has nearly completed its passage through the House and the other place. It has been an extremely interesting learning experience over two general elections for me as well, with the Joint Committees working on this. The issue of domestic violence has come into sharp focus in the public mind following the deaths of Sarah Everard, Wenjing Lin and others, and it is right to acknowledge that the Bill represents a positive step forward in addressing the deep-rooted reality of domestic violence in society.
First, I want to welcome the Government’s support for a number of Lords amendments—including especially Lords amendment 32, which seeks to reduce coercive control and vexatious activities in the family courts. I am glad to say I was able to raise this issue in my Courts (Abuse of Process) Bill back in 2017.
As for the rest of the amendments, a key concern of mine and many others has already been mentioned today: the monitoring of offenders and the effectiveness of the multi-agency public protection arrangements. I tabled an early amendment for a domestic abuse register and am pleased that Lords amendment 42 follows in the same vein. As Baroness Brinton said in the other place about MAPPA, there is some very good practice but it is not consistent because the agencies are not being forced to work together. The impact that is having on victims is appalling.
The Government need to evidence how exactly their changes to MAPPA guidance will be qualitatively different from what came about before. These figures are important. At present, just 0.4% of cases fall into category 3 of MAPPA—that is, on average, just 330 offenders a year, and the numbers have fallen by 48% since 2010. MAPPA category 3 can cover domestic offenders, yet it does not, at present, does it? The optimistic statement that data sharing will wave a magic wand and make this fit for purpose, especially after 11 years of austerity justice, is quite difficult to credit on face value.
The Government have promised that changes in the Police, Crime, Sentencing and Courts Bill will clarify and extend the information-sharing powers of agencies subject to MAPPA. It is crucial that these measures complement rather than run counter to Senedd legislation in Wales. For example, how will updated information-sharing powers interact with devolved services in education and housing—areas of policy that should play a key role in the prevention agenda?
The Home Secretary had previously hinted that a register could be implemented. Can the Minister commit to reporting back to this House with data about how stalking and domestic abuse offenders will be increasingly monitored through MAPPA, and also commit to evaluating the effectiveness of this route? We have all learned too much to trust implicitly a system that has failed so many victims so comprehensively in the past.
On domestic abuse protection orders, I echo Welsh Women’s Aid’s call for clarity on the delivery of DAPOs for Wales. Further clarity on resourcing and guidance for both devolved and non-devolved areas are important, as the jagged edge of justice in action in Wales needs greater scrutiny—until, of course, such matters are coherently devolved. How will DAPOs be resourced? What guidance on resourcing will there be for commissioners both devolved and non-devolved, and how will the UK Government work with the Welsh Government on the application of DAPOs?
I strongly support Lords amendments 40, 41 and 43, which offer protections for migrant women who have suffered domestic abuse, given that they face additional, complex, interlocking barriers that can shut them out of safety. The Government argue that the existing asylum system can offer support to migrant victims, but in reality this is not often the case, and the Home Secretary’s plans for changes to the asylum system will make it harder for migrant victims to access support and fair treatment if they arrive in the UK by non-official means.
This flies in the face of the Istanbul convention, which requires that survivors of violence against women and girls can access protection irrespective of their immigration status. My party wants Wales to be a nation of sanctuary for those fleeing abuse and persecution and for us to be party to implementing the Istanbul convention in full. Sadly, however, the Government’s position at present is a barrier to these ambitions.
I urge the Government to support the Lords amendments and enact the ambitious and transformational change needed to shift the focus and balance in favour of the needs and welfare of victims, so that we can consign domestic abuse to the history books across the UK.
I support this Bill because it is an opportunity to make a real difference to the lives of those affected by domestic abuse. We all recognise that enormous progress has been made in the way we treat victims and their families, and also perpetrators, and the Bill sets out positive steps and more progress that we plan to make. A lot of the debate about the amendments before the House reflects a desire for practical outcomes that Members want to see, yet I accept the Government’s position that many of these are often better achieved through non-legislative means.
The response to domestic abuse as experienced by victims, families and perpetrators comes from a local partnership typically led by our councils but involving the police and the NHS. It is through these organisations that we make the difference that we all want to see. Ensuring that we learn from their experience and that we resource them properly to do the job we expect of them is critical. I pay tribute to the work done by former Hillingdon councillor Mary O’Connor, serving Hillingdon councillors Jane Palmer and Janet Gardner, and former safeguarding board chair Stephen Ashley to improve the way in which domestic abuse is managed in my constituency. They led the way in training people to identify victims of modern slavery and in uncovering complex forms of abuse, including coercive control. They have created a situation for my constituents where there is a local safe space night-time economy, with more than 40 businesses and hundreds of staff in different organisations trained in identifying the signs of risk and knowing how to support people. Vitally, they have ensured that this learning is shared at a national level, to help other places transform their approach too.
(5 years ago)
Commons ChamberI thank my right hon. Friend for his remarks—his point was well made. I, too, have been written to by many police officers expressing very similar sentiments from their own experiences. The point about not pre-judging is absolutely right. The police have operational independence. Obviously, as Home Secretary, I called for a report. I have now received that report, and an independent review is under way. It is right that we have that review, yes, for assurance purposes, but also to strengthen public confidence in policing and, obviously, for all Members of this House to hear the full facts of what happened in due course.
I take this opportunity to extend my personal sympathy to the family and friends of Sarah Everard at this horrific time.
In June 2020, I proposed a domestic abuse register for the early identification of abusive men as a means of preventing death and injury. The Minister for Safeguarding rejected that, claiming that current systems for preventing violence against women were adequate. The National Police Chiefs’ Council also objected, on the grounds of cost and its capacity to manage such a register.
I sense that the Government now recognise that the current system is failing women and that a properly funded, staffed and supported register for serial stalkers and domestic violence perpetrators is urgently needed. How will the Home Secretary ensure that such new proposals and funding properly account for the different legislative landscape in Wales, so that women in Wales are not excluded from future protections, which I hope are on their way?
I think this is an important moment for this House and for all colleagues when it comes to Domestic Abuse Bill measures, which have been extensively debated in the House. The right hon. Lady has clearly spoken about Wales and the authority and responsibilities there. We are absolutely working across the devolved Administrations, because we want consistency of approach.
It is right that we all work together to support women, and the Domestic Abuse Bill will absolutely do that. My hon. Friend the Minister for Safeguarding has worked extensively with all colleagues in the House on the issue that the right hon. Lady raises, but the fact of the matter is that we want that Bill to receive Royal Assent. It should do so very soon. We need that to happen to safeguard more and more women and give them the protection that they desperately need from their abusers.
(5 years ago)
Commons ChamberI have looked at what this rushed and punitive Bill will do for Wales, and I have found it wanting. It will infringe our right to protest, worsen inequality and lead to a yet more unjust society. This Government are not interested in seriously tackling the underlying causes of crime. They would rather overlook the cycle of offending while clamping down on dissent. The Labour party’s U-turn from abject abstention to principled opposition within the space of one hour yesterday showed that its leaders also have scant regard for the consequences of the Bill.
The Government display yet again a wilful ignorance of devolution, and the Bill’s “designed by England, for England” approach will further aggravate the damage caused by the jagged edge of justice policy in Wales. It shows that Wales needs control over justice now more than ever, so that we can develop a holistic approach that interconnects with our health, education and social policies.
The Bill’s erosion of the right to protest is antithetical to Wales’s values. We have a proud history of protesting against injustice, from non-conformism to Chartism, the miners’ strike, Welsh language rights protests and the present-day independence movement marches. The right to make peaceful protest against iniquity is something that lies deep within our culture. The Bill will also entrench Wales’s status as a nation of incarceration. Wales has a higher imprisonment rate even than England, and one that disproportionately affects black people, who are imprisoned at six times the rate of white people in Wales. The Bill will criminalise more young people and increase the number of vulnerable women entering prison, yet still tolerate the circumstances in which women such as Wenjing Lin and Sarah Everard were killed, all the while doing nothing to address the structural problems of the justice system in Wales, faced with disproportionate cuts to court numbers and support services.
The current system is failing. We could do so much better in Wales if we had proper control over policing and criminal justice. We could deliver a more humane justice system—one that enables equality, dignity and social justice, and that would allow us to tackle the root causes of crime, promote community support, tackle gender-based violence, root out structural racism, give victims a fair voice and protect our communities by prioritising the complex task of rehabilitation over the tabloid policing Acts of punishment—and a fair and just Wales for all. This is the nation we can be not if, but when we give ourselves the chance.
(5 years, 1 month ago)
Commons ChamberThe scheme has only just been launched. I reassure the hon. Lady that we are working with all sorts of civil society organisations, and I have spent a lot of time in dialogues and roundtables with a range of representatives. Therefore, having just launched the scheme, which is a bespoke humanitarian route created for BNOs, we are absolutely looking at how we can ensure that the route works well. We are also engaging with non-governmental organisations and civil society to ensure that we do not miss people.
Given that planning permission for the asylum seekers temporary accommodation at Penally in Pembrokeshire is due to run out at the end of March, can the Home Secretary confirm that the local community will this time be fully consulted on the camp’s future and that all new transfers to the site will cease in the intervening period?
If I may, this is an important point that the Minister responsible for immigration compliance and the courts, my hon. Friend the Member for Croydon South (Chris Philp), touched on. I am so disappointed to hear that colleagues across the House are not supportive of asylum accommodation, when many local authorities fail to co-operate with the Home Office to identify sites in their constituency. Quite frankly, the hypocrisy of basically saying, “We don’t want asylum seekers here, send them elsewhere.” is simply not acceptable. We consult with everybody—I can assure the right hon. Lady—
(5 years, 2 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.
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My hon. Friend is absolutely right. He will know that in Britain post Brexit we are clear in terms of the powers and decisions that we are able to undertake. That is, of course, effectively what the Government are now doing, and my hon. Friend has highlighted some clear areas where that change has now happened.
The first covid case in Wales was recorded on 28 February last year, yet almost a year later the UK Government remain reluctant to follow the science wholeheartedly in relation to the health risks implicit in international travel. While today’s answer is insufficient, the Government’s measures will also be difficult to sustain in the long term. Given that health is devolved, what plans are in place for the UK Government and the Welsh Government to work together on a long-term plan to ensure that international travel is not again a threat to public health?
If I may I will take the right hon. Lady back to January last year. She just mentioned travel measures, but travel measures were brought in in January last year. I am not going to run through again the various measures that have been undertaken. If I may say so, when it comes to the devolved nations, there is support and work in place, and calls take place on a near daily basis. It is absolutely right that we take a united approach to dealing with measures and restrictions, but also to tackling coronavirus. I absolutely urge Ministers across the four nations: if they have any particular issues in respect of joining up, speaking with one voice and being much more united, the Government’s door is well and truly open because that is exactly what we have been trying to do over the past 12 months.