Violence and Abuse towards the Retail Workforce

Debate between Liz Twist and Chris Philp

Tuesday 5th December 2023 Westminster Hall

[Chris Philp]

Yes, I would be happy to do so—it would seem churlish to decline such an invitation.

The hon. Gentleman mentioned wages. I observe in passing that the minimum wage will go up by about 10% from next April to £11.44 an hour. That is quite a considerable increase, well above the rate of inflation. Of course, under the last Labour Government, it was only £5.93. If we adjust for inflation and the increase in the tax-free threshold, the take-home wages of someone working full time on the minimum wage are 30% higher than 13 years ago, which is welcome.

The Greater Manchester police were mentioned by, I think, the hon. Member for Manchester, Withington (Jeff Smith). I commend Chief Constable Stephen Watson, who is doing a great job with GMP and led the way by implementing this concept of always following up all evidence, which seems like common sense, but it was not being universally done. He implemented that in Greater Manchester about a year and a half ago, and it led to a 44% increase in arrests and prosecutions. It is exactly that approach that worked under Stephen Watson’s leadership that we are applying nationwide, including to shoplifting.

I will say a word or two on several other points raised in the debate. The first is the offence of assaulting a retail worker. We know that Scotland has a separate offence and that there have been calls to have a similar one here. Of course assaulting a retail worker is an offence: it is assault. It could be common assault, grievous bodily harm, grievous bodily harm with intent and so on. It is a criminal offence and, as I believe the hon. Member for Blaydon acknowledged, we legislated in the Police, Crime, Sentencing and Courts Act 2022 to make it a statutory aggravating factor where the victim is a public-facing worker—that includes retailers and others. That means that a judge is obliged, in statute, to pass a higher sentence than they otherwise would, in recognition of the fact that the victim is a public-facing worker.

[Liz Twist]

The problem is that if cases are not taken through to court for prosecution, that aggravating factor does not come into play. I think that what all of us here are arguing is that the assault itself against a shop worker should be seen as a particular offence.

[Chris Philp]

Obviously, as I have said, that is already an offence—it is assault, it is illegal and it is a criminal offence. We need to make sure that the culprit is identified by the police and that those cases are then prosecuted. The retail crime action plan that I set out a few moments ago will increase the number of prosecutions of those who assault retail workers, as well as of those who steal from retail stores. I am confident that that will be the result of that action plan.

One or two hon. Members mentioned the £200 threshold. I want to make sure that everyone is clear about that. A change to the law in 2014 made the theft of goods valued at under £200 triable summarily only, which means triable just in the magistrates court. To be clear, it is still a criminal offence, it can still and should be prosecuted, and the maximum sentence is six months’ imprisonment, which is the maximum that a magistrate these days can impose. Stealing more than £200-worth of goods is triable either way, meaning that it can be heard in a Crown court. The maximum sentence upon conviction in the Crown court for that offence, of theft, is seven years. So, to be clear, stealing goods to the value of less than £200 is criminal; it can and should be prosecuted; and it is punishable by up to six months’ imprisonment.

I hope it is clear from my remarks that we are taking this issue extremely seriously. The increase in shoplifting in the past year or two in this country, as well as in the US, France and Germany, is of concern, which is why we are taking the action that I set out. We need a zero-tolerance approach, because if we do not have one, the problem just escalates. We have seen in some American cities, such as San Francisco, the situation getting completely out of control. Looting has become commonplace in San Francisco and elsewhere, and we cannot allow that to happen in the UK. That is why we have developed our plan, and why I have asked the police to take a zero-tolerance approach. I am sure that all of us, Members of Parliament and PCCs up and down the country, will hold the police to account to deliver the plan.

[Liz Twist]

rose—

[Chris Philp]

I was about to sit down, but as the hon. Lady secured the debate, it would be extremely discourteous not to give way.

[Liz Twist]

I thank the Minister. Will he address the issue that I raised about the resourcing of the police? In my local Northumbria police area, we are still 400 police officers down. That is irrespective of whatever the picture is nationally, and the situation is the same across the north-east. Clearly, that affects the response of the police. What can he say about that? Can he commit to increasing the numbers in Northumbria?

[Chris Philp]

I can confirm that across England and Wales as a whole, as I think the hon. Lady knows, we have 149,566 police officers; that is as of 31 March this year. The number is higher than it has ever been in history and it is about 3,500 higher than the previous peak in March 2010, so there is a record number nationally. As for each individual force area, the choices made by individual PCCs—

[Chris Philp]

I am going to conclude, because I do not want to overburden the Chamber and I wish to finish answering the point. The numbers in individual force areas reflect choices made by individual PCCs over time, for example, about the precept and about the balance between officer numbers, police stations and so on. What we have done in government is make sure that there are record numbers nationally. We have also put more money into policing, so this year PCCs had £550 million more available to them than last year. In addition, we fully funded the 7% pay rise between 2.5% and 7%, which this year entailed an extra £330 million.

Those resources are going in. In addition, from next April we are funding—in every one of the 43 police force areas in England and Wales, including the hon. Lady’s—specially funded antisocial behaviour hotspot patrols. I would expect them mainly to concentrate on town centres and high streets, where shoplifting may also occur. Where we have piloted those in the past four or five months, including in Blackpool, parts of Staffordshire and parts of Essex, we have seen reductions of 20% or 30% in antisocial behaviour and other forms of criminality. We will therefore fund each force, in addition to its regular funding settlement, to have those hotspot patrols, which should deliver something like 30,000 hours of specialist patrolling in each force area each year from April. I think that that will make a real difference.

[Liz Twist]

With regard to the Minister’s explanation of the differences and the choices that local police forces have made, I am sure he will know that the impact of increasing the precept and the value of housing in our local communities mean that authorities such as mine suffer disproportionately because of the way the precept is worked out. Choices there may be, but they are choices within the funding envelope.

[Chris Philp]

I thank the hon. Lady for her final intervention. The police funding formula, which is rather old now, accounts for the council tax base as well as population, crime levels and so forth, but it needs reviewing and updating. As I said, when we lay out the police funding settlement for next year, which we intend to do this side of Christmas, I hope that police forces up and down the country, including in her area, will see that they will get a material resource uplift next year, as well as the special funding I mentioned for hotspot patrolling that has made a huge and visible difference in the areas in which it has been trialled.

This is a serious issue and the Government take it seriously. We have a plan, we have agreed it with policing, and we will now get on and deliver that plan operationally.

Oral Answers to Questions

Debate between Liz Twist and Chris Philp

Monday 6th February 2023 Commons Chamber

[Liz Twist (Blaydon) (Lab)]

8. What recent assessment her Department has made of the adequacy of levels of neighbourhood policing.

[The Minister for Crime, Policing and Fire (Chris Philp)]

We are in the middle of recruiting an extra 20,000 police officers. We are on track to deliver that by March, in just a few weeks’ time. As of December, we had recruited over 16,000 of them. When we hit the target in a few weeks, we will have more police officers than at any time in this country’s history: approximately 148,000.

[Liz Twist]

Neighbourhood policing is vital in cracking down on antisocial behaviour. I am very glad to say that our excellent police and crime commissioner, Kim McGuinness, is fully aware of that issue and is addressing it. Nationally, why have we seen an overall drop of 8,500 in the number of police community support officers over the past 13 years? Locally, in Northumbria, there has been a drop of 395, and we are still down by 565 police officers since 2010.

[Chris Philp]

As I explained a moment ago, we are on track very shortly to have more police officers than at any time in this country’s history, but let me tell you what has dropped since 2010, Mr Speaker. According to the crime survey, criminal damage has dropped by 65%, domestic burglary has dropped by 56%, robbery has dropped by 57% and violence has dropped by 38%. That, Mr Speaker, is what has dropped.

Oral Answers to Questions

Debate between Liz Twist and Chris Philp

Thursday 18th November 2021 Commons Chamber

[Chris Philp]

I thank my right hon. Friend again for our meeting this week. I agree that actively encouraging—indeed, even inciting—people to gamble more without reference to affordability or their ability to pay is a damaging practice. We certainly intend to address that through the White Paper.

[Liz Twist (Blaydon) (Lab)]

6. What steps the Government is taking to help ensure that those responsible for the collapse of Football Index are held to account.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Chris Philp)]

The Gambling Commission has revoked BetIndex’s operating licence and senior members of that company have surrendered their personal management licences. The Gambling Commission has also referred the company to the insolvency service to consider whether the directors breached insolvency or even fraud laws. We look forward to the Insolvency Service’s report on the conduct of those directors.

[Liz Twist]

Too many of my constituents have been in touch to say that they have lost substantial amounts of money on the Football Index, so will the Minister explain further what is being done to help the Gambling Commission to understand these complex betting propositions in order to ensure better protections for customers, such as my constituents?

[Chris Philp]

The Government commissioned a detailed report by Malcolm Sheehan QC that was published towards the end of September. The report looked to ensure that all the relevant lessons are learnt, so that people who gamble are protected. Regarding those who lost money to BetIndex, the wind-up proceedings are ongoing at the moment and it is likely that some amounts will be available to be reimbursed to creditors, which would include customers. We should obviously let that process unfold.

Protection of Retail Workers

Debate between Liz Twist and Chris Philp

Monday 7th June 2021 Westminster Hall

[Chris Philp]

I agree that there is an issue with the number of prosecutions. I will come to that in just a few moments’ time. I will address that point—I am not trying to duck it, because I am coming to it next.

Points have been made about knives and people producing a bladed article in a shop. Again, if somebody makes a threat with a knife, it is not charged as common assault and it would not be charged under the new offence in Scotland. It would be charged as making a threat with a bladed article, which carries a four-year maximum sentence and, for adults, a six-month minimum sentence. All of these offences exist, and many of them carry higher sentences than the new Scottish law, and higher sentences than common assault.

That does not, however, answer the question that many Members have raised. They have made the point that attacks on retail workers are different, because the retail worker is providing a service to the public. In some cases, the retail worker is effectively enforcing the law on our behalf—for example, by asking questions about whether somebody is over the age of 18 when buying cigarettes, alcohol and similar. Many Members have made the point that retail workers are different and that for that reason the offence should be taken more seriously. Members are right to say that.

In responding to that reasonable and legitimate question, I point colleagues to the Sentencing Council guidelines for common assault, which, as it happens, were refreshed and updated just last week—I think the updated version came out on Thursday of last week. The section on common assault also covers racially and religiously aggravated assault and the common assault of an emergency worker. One of the listed aggravating factors for common assault, which would lead to a sentence going up relative to what would otherwise be the case, is an

“Offence committed against those working in the public sector—”

quite rightly—

“or providing a service to the public or against a person coming to the assistance of an emergency worker.”

The Sentencing Council guidelines, refreshed just last week, expressly recognise that those people providing a service to the public, including retail workers, are doing a different kind of job, and that somebody who assaults them deserves a higher sentence. That is what aggravating factor means.

That applies not only to the common assault offence; it is also to be found in the list of aggravating factors for actual bodily harm, grievous bodily harm and so on. That list of aggravating factors is not long; it is about 15 bullet points. Those concerns are recognised, as is deliberately spitting or coughing. Some Members mentioned that, during the pandemic, people have spat at or coughed on retail workers in a deliberate attempt to give them covid, to threaten to give them covid or to give them the impression that they might be at risk of covid. “Deliberate spitting or coughing” is the very first non-statutory aggravating factor on the list, so again, that is accounted for.

It is worth saying that these aggravating factors do not apply only to retail workers but to any public sector worker, quite rightly, and to other people providing a public service, including transport workers. The debate has focused on retail workers, who are special and deserve protection and who suffer terrible abuse, as everyone has said, but we should not forget people who work on buses, trains or the London underground, or postmen, teachers or social workers. I would not like to say that they should be overlooked if they are assaulted as they go about their work. They are just as important as retail workers. The Sentencing Council aggravating factor sets out that people who assault retail workers, teachers, postmen and people working on trains and so on will get a heavier sentence.

[Liz Twist]

The Minister refers to the sentencing guidelines, but they are only of any impact if we actually get the prosecution. That is the issue that we are all trying to raise.

[Chris Philp]

I will now come to that critical point, which the shadow Minister also raised. I hope I have demonstrated in my foregoing remarks that, first, the criminal offences to prosecute assaults on emergency workers are already on the statute book, and secondly, that where prosecutions are secured, a longer sentence will already be given owing to the aggravating factors I have just read out. Creating a new offence does not answer the question, because the offence exists already. The aggravating factor exists already. The issue is prosecutions, as the shadow Minister and the hon. Lady have raised.

I have some data. I am not sure whether it came from the USDAW survey or another source. I got it through the Home Affairs Committee’s survey. I am not sure whether that is the same one or a different one.

--- Later in debate ---

[Chris Philp]

As I laid out in the first half of my comments, the laws exist already. The law criminalises every example of the behaviour—terrible behaviour—that Members have laid out this afternoon. They are criminal offences already, each and every single one. Most of them, including the two examples given by the shadow Minister, would not be prosecuted under the new Scottish law; they would be prosecuted as more serious assaults. The criminal offences exist and they are, in the Sentencing Council guidelines, already aggravated where the victim is a retail worker or, indeed, a transport worker. In any case, if we passed a measure focusing only on retail workers, it would obviously neglect train and bus drivers and everyone else. However, they are already covered by those aggravating factors.

What is clearly needed is not to criminalise the behaviour; it is criminal already. It is not to elevate the penalty given to those people who are convicted; it is elevated already. What we need to do is to get more convictions, and that starts with reporting. That is the work that the national retail crime steering group is doing. I have participated in this debate from the Ministry of Justice point of view, while the steering group and policing sit with my hon. Friend the Policing Minister, so I will take away a clear message for him and the national retail crime steering group: these terrible offences, which have an enormous impact on retail workers, need to have a significantly elevated focus, in terms of getting more reporting, as we have just talked about, and making sure the police follow them up in every case. The Government obviously agree that these are serious offences and that they need to be investigated and prosecuted. I can give a firm undertaking to hon. Members that I will take that message back to the Policing Minister.

[Liz Twist]

Will the Minister give way?

[Chris Philp]

I was about to conclude, but it would be ungallant not to give way to the hon. Lady.

[Liz Twist]

I thank the Minister for his gallantry. When he talks about reporting, it sounds as if he is asking the shop workers to put right the problem that they are facing. To me, that is definitely not acceptable. We need to look at ways of supporting them, which is why we are all asking the Minister to look again at this issue.

[Chris Philp]

The police can only respond to and investigate crimes that are reported, so any investigation starts with the report by the victim or, in this case, the employer. We heard evidence in the survey report that many victims do not report the crime because they think that their employer will not support them. Clearly, we need to ensure we are actively encouraging reporting and that it is then actively followed up and investigated.

That is the message I will take away from this debate and give clearly to the Policing Minister. I undertake that I will ensure that that message is heard by him and by the steering group, so that steps can be taken to make sure that more of these offences are reported and prosecuted. That is how we can ensure that justice is done and victims protected.