Riot Compensation Bill

Lyn Brown Excerpts

Friday 4th December 2015 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

Sorry, Madam Deputy Speaker; I was sat quite comfortably, waiting for the hon. Member for Bury North (Mr Nuttall) to perform his usual tour de force to the Chamber, and thought I had more time.

I congratulate the hon. Member for Dudley South (Mike Wood) on bringing the Bill before the House. I was saddened to hear that his popularity has declined. I hope that it does not spoil his Christmas. I was rather worried to hear the story about the rogue squirrel. As a city girl who has only just started to experience these creatures in her back garden, it has made me a little more wary of coming into contact with them.

The riots that blighted many of our cities and towns in August 2011 were a truly destructive event. More than 5,000 crimes were recorded in just a few days, five people lost their lives and it has been estimated that the material cost of the London riots alone was over half a billion pounds. That material cost has fallen on the public, local businesses, the police and the taxpayer during a period of harsh economic conditions.

As we have heard today, the existing legal framework for compensating the victims of riots has proven to be inadequate. It is therefore right that we consider carefully how the financial burden of any future riot events should be shouldered.

The House has heard that there is an established principle that the police are liable for damage incurred during riots. There is an implied contract between the public and the police: the public will respect the authority of the police and, in return, the police will secure law and order for the public. It has been contended that when riots break out and property is damaged, the police have failed to keep their end of the bargain and are therefore strictly liable for damages incurred.

As we have heard a number of times today, that principle is enforced through the Riot (Damages) Act 1886. It was perhaps inevitable that a 130-year-old piece of legislation did not prove to be up to the task of handling the aftermath of the 2011 riots, which were as widespread and destructive as any we have seen for a generation. The language of the Act, as Members have said, is archaic, defining riots as

“persons riotously and tumultuously assembled together”.

That sounds like a decent football match.

[Mr Lammy]

Only West Ham.

[Lyn Brown]

That’s when we’re happy.

[Mr Lammy]

Which is not very often.

[Lyn Brown]

No, we are doing quite well.

The 1886 Act pays no consideration to what are now important questions for any legislation dealing with insurance and compensation. For understandable reasons, there is no mention of motor vehicles. There is no consideration of interim compensations for victims while claims are being processed or of the new-for-old replacement of damaged goods, and there are no powers for the police to delegate administering the compensation process to experts in legal claims. As a result, in 2014, three years after the 2011 riots, victims were still waiting for over £40 million of compensation to be paid out. This is an inordinately long wait for compensation. The existing legislation has therefore been shown to be not fit for purpose, and so the hon. Member for Dudley South is doing the House a favour today.

I pay tribute to my hon. Friend the Member for Croydon North (Mr Reed) for his work on this issue. His constituency was hit as hard by the 2011 riots as many others, and he has worked tirelessly highlighting the difficulty that locals have had in receiving the compensation that they should be entitled to. He used the Freedom of Information Act to show that three years after the riots, 133 victims in London had yet to receive a penny in compensation from the police. Just 16% of the requested compensation had been paid out at that point. These victims of rioting must feel badly let down considering that the Prime Minister had promised they would not be left out of pocket. Without his tireless work and that of my right hon. Friend the Member for Tottenham (Mr Lammy), I gently say that I doubt this Bill would have been before the House today.

To be fair to the Government, being even-handed on a Friday, they have recognised the problems that people have had in receiving compensation. They commissioned an independent review of existing legislation chaired by Neil Kinghan. The Kinghan review was published in September 2013, and it made a series of recommendations. It recommended that the principle that the police are strictly liable for damages incurred during riots ought to be maintained; that legislation ought to protect insurers so as not to deter people from taking out insurance policies, or to inflate the cost of insurance; and that payments to insurance firms should be limited to businesses insured with an annual turnover of less than £2 million. It suggested that legislation should allow the police to delegate the administering of claims to a body made up of insurance professionals rather than the police having to take on that complex administrative task themselves. A further important recommendation was that allowance be made for compensating at the cost of replacement goods—old for new—as is the case in most modern insurance practice. The review judged that new legislation replacing the 1886 Act would be necessary.

The Government ran a consultation exercise after the publication of the Kinghan review, and the Bill before us, as we have heard, has the support of the Government and takes up many of the review’s recommendations. This includes a number of provisions that are uncontentious but nevertheless important, such as including cars within the scope of compensation and providing for interim payments. Given the clear need to update the legislation that governs riot compensation, we welcome this Bill and believe that it ought to move forward to Committee, where it can receive further scrutiny.

While we support the principle that the police ought to be strictly liable for damages incurred during the course of a riot, it is important that our police forces are not asked to promise a blank cheque. It is impossible for police forces to plan and budget for the possibility of having to compensate victims of riots without some understanding of the likely costs to be involved. This is particularly true when our police forces are still absorbing the 17,000 police officer cuts from the previous Parliament. It might be Friday but this is not politics-free.

To deal with this problem, the Kinghan review originally proposed that insurers would be able to claim only for businesses with an annual turnover lower than £2 million. The Bill instead places a £1 million cap on the total claim that can be made, and removes any reference to company turnover. The Association of British Insurers estimates that 99% of commercial property claims for material damage from the August 2011 riots would have been fully covered by this new £1 million limit. The Home Office makes similar estimates, and the impact assessment that accompanies the Bill suggests that just 19 of 1,988 impacted businesses would wish to claim over £1 million in the case of large-scale rioting. This appears to be a significant improvement on the turnover-based model suggested by Kinghan. According to the ABI, only 33% of commercial property claims for material damage during the August 2011 riots came from businesses with a turnover of less than £2 million. There were serious fears that the £2 million turnover limit would have therefore created a disincentive for large businesses to set up in areas that they would possibly consider to be susceptible to rioting, and that some businesses would be left unfairly out of pocket. These details need to be looked at very closely as the Bill moves through Committee, particularly as the £1 million limit represents a departure from the recommendations by the Kinghan review and may have an impact on insurance premiums. I want to ensure that the Government are taking seriously the competing interests of the insurance industry, businesses, the police, and the public finances.

Another area of concern that we will pursue in Committee is what constitutes a riot and who decides when a riot has taken place. At present, the Bill empowers police and crime commissioners to determine whether there has or has not been a riot, which they must do in accordance with the definition of a riot provided by the Public Order Act 1986. It is the budgets of police and crime commissioners that will ultimately be hurt if they do judge that there has been a riot, so we might, in effect, be allowing the police to mark their own homework. This was raised by Mark Shepherd of the ABI, who has called for

“a more independent determination of when a disturbance is a riot”.

That might be appropriate given the quasi-judicial nature of the decision.

My final area of concern is that the Bill does not cover loss of trade for businesses, loss of rent for landlords, or the cost of alternative accommodation needed in the wake of a riot. These are all instances of what insurers call consequential loss. Many of those most severely impacted by the 2011 riots would therefore not have been be fully compensated through the provisions in this Bill. That is particularly true of businesses with small capital holdings who rely on trade that has been disrupted by rioting. This needs to be carefully looked at during the next stages of the legislative process so that we can provide the most equitable deal possible between the police and the community in the unwelcome event of future riots.

The current arrangements for dealing with compensation after riots is clearly inadequate, and a new framework is required. I look forward to going through the details of the Bill to make sure that we can have a system that commands the support of the public, business, and the police alike. That will mean looking carefully at the caps on compensation, the process of determining when a riot has taken place, and the clauses setting out which losses are, and which are not, eligible for compensation. We must make sure that we try to minimise the numbers of people who fall victims of future riots, as, unfortunately, so many did in 2011.

Oral Answers to Questions

Lyn Brown Excerpts

Monday 16th November 2015 Commons Chamber

[Karen Bradley]

The hon. Gentleman will, I am sure, be aware of the launch of the counter-extremism strategy. We have also committed to a new, cross-Government hate crime action plan to make sure that we tackle this crime at source, and prevent it.

[Lyn Brown (West Ham) (Lab)]

But it is about resources. The Merseyside police and crime commissioner has said that proposed cuts

“will affect the teams which fight serious and organised crime, investigate rape and sexual violence and tackle hate crime.”

The chief constable of that service asks if he should take resources out of teams dealing with child abuse, gun crime, hate crime, or online fraud. What is the Minister’s answer?

[Karen Bradley]

The hon. Lady, who was a member of a Government who saw increases in crime, should congratulate this Government on reductions in crime, and on the fact that hate crime is going down. That is down to the excellent work of our police, and we should commend them for that.

Oral Answers to Questions

Lyn Brown Excerpts

Monday 12th October 2015 Commons Chamber

[Karen Bradley]

As I just said, we are looking to introduce a new hate crime action plan and we are looking at all the ways we can support those local communities who want to work actively to promote community cohesion and our shared values.

[Lyn Brown (West Ham) (Lab)]

The Government want universities to ban speakers who say things that do not break the law but which do promote hatred or violence. Can the Minister give one clear example of a statement made in a UK university which should now be banned?

[Karen Bradley]

I welcome the shadow Minister to her place and look forward to working with her. I think she will agree that this is about how we protect our shared values and how we make sure we work together and keep our citizens safe. I hope she will work with the Government to make sure we do that.

Extremism

Lyn Brown Excerpts

Monday 9th June 2014 Commons Chamber

[Mrs May]

My hon. Friend is right in that this issue is one where we would hope that people would work across the House to ensure that we provide the support that communities need to carry out the necessary work referred to by a number of Members today. This is an important issue. My right hon. Friend the Secretary of State for Education will make that clear in the statement he is about to give. This Government take seriously the issues about what has been happening in Birmingham schools, just as they take seriously issues relating to extremism in any form wherever it appears.

[Lyn Brown (West Ham) (Lab)]

Given the Home Secretary’s very punchy response about this Government’s commitment to combating radicalism, engaging with communities and supporting and integrating our communities so that they can tackle extremism in their midst, will she confirm, following the question from my hon. Friend the Member for Feltham and Heston (Seema Malhotra), that she has only £1 million left from the £17 million budget to do that?

[Mrs May]

I have to say to the hon. Lady that the Opposition’s assumption that they can look at figures relating to the Prevent strategy, which has been split, and quote them as somehow indicating what this Government are doing wrong is a path that she should not be going down.

Oral Answers to Questions

Lyn Brown Excerpts

Monday 28th April 2014 Commons Chamber

[Gavin Shuker (Luton South) (Lab/Co-op)]

9. What discussions she has had with her ministerial colleagues on implementing the recommendations of the joint royal colleges’ report “Tackling FGM in the UK” published in November 2013.

[Lyn Brown (West Ham) (Lab)]

10. What discussions she has had with her ministerial colleagues on implementing the recommendations of the joint royal colleges’ report “Tackling FGM in the UK” published in November 2013.

--- Later in debate ---

[Norman Baker]

I have certainly been in correspondence with the Education Secretary, and I have met on more than one occasion the relevant Education Minister. The hon. Gentleman will know that the Education Secretary has now written to schools, which is a very helpful development.

[Lyn Brown]

I am a little concerned to hear that answer, given that the Minister talked about good co-operation across all Departments. Given that the survey quoted by the National Society for the Prevention of Cruelty to Children reports that one in six teachers is unaware that FGM is a crime and that 68% are unaware of any guidance from the Government on what to do if they suspect a pupil is at risk, can the Minister assure the House that he will meet the Secretary of State for Education, discuss this very important issue and report back to the House on what agreements they make on how to tackle this despicable crime?

[Norman Baker]

I agree with the hon. Lady that it is a despicable crime. That is why we take it so seriously not just in the Home Office but across Government. I refer her to the cross-government agreement I mentioned in my original answer, which has been signed by eight Departments, including by the Under-Secretary of State for Education, the hon. Member for Crewe and Nantwich (Mr Timpson), on behalf of the Department for Education. We are in regular contact on these matters across Departments and will continue to be so.

Female Genital Mutilation

Lyn Brown Excerpts

Monday 10th March 2014 Westminster Hall

[Lyn Brown (West Ham) (Lab)]

I want first to congratulate my right hon. Friend the Member for Leicester East (Keith Vaz) and the hon. Member for Mid Derbyshire (Pauline Latham) on securing the debate and to welcome the comments made by the Secretary of State for International Development over the weekend. Both sides of the House will unite on female genital mutilation to ensure that we prosecute those responsible for inflicting such a brutal practice on girls and women, and that we eliminate it once and for all.

Shockingly, an NSPCC survey of teachers reported that one in six are unaware that female genital mutilation is a crime, and that 68% of teachers are unaware of any Government guidance on what to do if they believe that a girl whom they teach is at risk. It is clear from what we have heard over the past weeks and months that we need to increase awareness of the practice among all professionals, such as GPs, midwives, teachers and health care and social workers. To do so, however, we must be more open as a society about discussing women’s bodies and be more comfortable with the language. Open and honest dialogue with boys, girls, men and women about women’s bodies will help to raise awareness and to break down the barriers that cause ignorance and embarrassment. We need to use words such as vagina and clitoris, because the more that we say them, the more comfortable we will become with initiating and engaging in such discussions.

Some hon. Members present will recall that I spoke in the Chamber during the Adjournment debate before Christmas about a procedure called a hysteroscopy, which looks inside a woman’s uterus and is often used to investigate symptoms such as pelvic pain, abnormal bleeding and infertility. I must admit that I found it difficult to use words such vagina, uterus and cervix in the Chamber.

[Bob Stewart]

You did it very well.

[Lorely Burt]

Well done.

[Lyn Brown]

Thank you.

If I find it hard to use such language, goodness knows how difficult it must be for a young girl or woman if she needs to talk to someone.

According to my local borough of Newham’s children safeguarding data, there were six recorded cases of female genital mutilation in 2013, and only five cases were reported to the police. In 2007, however, the Foundation for Women’s Health and Development, in collaboration with the London School of Hygiene and Tropical Medicine, estimated that the number of maternities to women who had been genitally mutilated in Newham from 2001 to 2004 was between 6.7% and 7.2% a year. Using that as a calculation—rough and open to criticism though it might be—we can estimate that there were between 436 and 467 births in Newham to women who have been mutilated. Evidence shows that the children of women who have been mutilated are at greater risk of mutilation. It is therefore clear that there could be a large disparity between what is reported and what is actually happening in the community. The probable discrepancy in data highlights the need to work with at-risk communities—I hate to use that phrase—to ensure a greater understanding among the professionals charged with supporting victims of genital mutilation.

In response, Newham council has commissioned a female genital mutilation prevention service, which, to my knowledge, is the first of its kind in the country. The service is one of many that sit within the one-stop shop that supports victims of violence against women and girls and was commissioned to intervene when health professionals first become aware that an expectant mother has been genitally mutilated, which normally occurs during routine pregnancy examinations.

[Bob Stewart]

I thank the hon. Lady for her speech. I was there when she spoke in the Chamber and thought that she did tremendously well. Is the unit to which the hon. Lady refers able to visit schools in her constituency to educate both teachers and children to try to stop this abhorrent crime?

[Lyn Brown]

The unit is in its infancy and is currently developing how it will work within the community. I will go on to discuss what the unit expects to do in the next bit of my speech.

When a maternity professional becomes aware of a mother who has been the victim of genital mutilation, they are required to make a referral to safeguarding officials for child protection reasons and to invite the woman to access the genital mutilation prevention service. The service is geared up to support the victims of female genital mutilation to empower them to understand the negative consequences of mutilation and to enable them to become an advocate against the female genital mutilation of their own daughters. The service will provide advocacy for victims, involving extended family and spouses where appropriate, and thereby support women in their own environment to take a stand against the practice.

In answer to the hon. Gentleman’s question, Newham council is training community-based female genital mutilation champions and is supporting victims to report domestic sexual violence to the police. So it is working with women in the community to work with women in the community in order to raise awareness of the act’s illegality.

[Keith Vaz]

I thank my hon. Friend for her eloquent speech. I am pleased to hear about what Newham council is doing, which is no doubt a result of her prompting and campaigning. Will the people involved in the unit also be members of the community? Units that are set up sometimes do not reflect the clients and diasporas involved. Is she confident that the unit will reach the roots of the community?

[Lyn Brown]

I am supportive of the action that Newham is taking to try to address the issues that may exist in the community, but I will not take the credit. Councillor Robinson and Councillor Paul have been active in action tackling violence against women and girls in our community, and it is their work that effectively led to the unit’s creation.

I am told that the unit will be highly sensitive. It is being commissioned in the grass roots of the communities themselves and will not be a council office. The service will seek to educate local health visitors, GPs, educational professionals, children’s services and police professionals and to support them in making relevant referrals. The council is also intent on gathering evidence on trends and issues concerning female genital mutilation in the borough, and I hope that that will help to inform the work not only of Newham council but other councils and communities that are affected. I am encouraged that the CPS thinks a prosecution for female genital mutilation is closer, because that would raise the issue higher in the mind of the community. Unless we start to prosecute those responsible, to raise awareness and reduce stigma, I am not sure we will ever begin to eliminate the awful practice in question. That is why the debate is so important, and why I am delighted to speak in it.

I urge all Members of the House, and indeed communities across the country, to continue to highlight the issue and campaign for appropriate resources to tackle a brutal practice.

--- Later in debate ---

[Guy Opperman]

I endorse the broad thrust of what the hon. Lady says, but that is part of a package of measures. Let us not be blind to what we all acknowledge: there is no one single thing that will change the existing climate, the cultural approach, or the likelihood of a criminal prosecution. There are several different matters, and that is why I welcome the fact that the Home Affairs Committee will consider the matter and make recommendations, just as I welcome today’s debate.

The first issue I wanted to talk about is international prevention. I welcome the fact that the Government, following on the good work of previous Governments, are making international aid money available; the Secretary of State for International Development is committing several million pounds to education around the world, continuing processes established by her predecessors. Surely that must be the start, and there are lessons to learn from countries such as France, which has grasped the issue of the horrendous crime in question. Its approach is robust and no-nonsense, and all credit is due to it.

[Lyn Brown]

Does the hon. Gentleman think that the French approach has much to do with the French separation of church and state? We do not have the same culture here; is there a misguided liberalism around the issue, and is that something we need to understand?

[Guy Opperman]

The hon. Lady makes a fair point and I can only quote the words of Isabelle Gillette-Faye about Great Britain:

“You have a tradition of multiculturalism, but you cannot accept everything in the name of tolerance, and certainly not the abuse of girls through mutilation and forced marriage…You have to tell parents cutting is not acceptable and if they don’t listen you threaten them with prosecution and jail.”

She finishes with two simple words:

“It works.”

We must be blunt. There is no point beating about the bush. The problem comes from certain countries, and it will be necessary to engage with those communities. There is no question that in such countries as Burkina Faso and Mali the cultural tradition in question goes on—and, as the hon. Member for Hackney North and Stoke Newington (Ms Abbott) said, in some respects it is a normal cultural tradition in those places. That needs to be addressed, and the focus of the international aid money should be on the countries where it is prevalent.

We all welcome and support the campaigner Fahma Mohamed. We also welcome and support what The Guardian has done, and the changes brought about through the decision of the Secretary of State for Education to write to all the schools in the country, because of the campaign. It can only be a good thing for local prevention that several different Departments are engaged in the issue, as evidenced by the recent announcement from the Department for Education, the money allocated by the Home Office, and the actions of the Department of Health. It is right and proper to record the campaigning work done by the Under-Secretary of State for Health, my hon. Friend the Member for Battersea (Jane Ellison). She was raising the issue for some time before her promotion, and making it a priority was part of her brief at the Department of Health.

Clearly there is a need for extreme sensitivity about the religion and culture of the communities affected. However, there is also a need for a robust approach. It is unacceptable that after successive Governments have abhorred the practice, it is almost impossible to get a witness to give evidence against their parents or relatives. That is the harsh reality. My first question to the right hon. Member for Leicester East was about the comparison with the situation in the late 1980s and the 1990s, when there were child abuse and sex abuse allegations, and prosecutors encouraged children to give evidence against their relatives of that abhorrent crime. The issue we are debating is child abuse and sexual abuse just as much as that was. There is no difference.

--- Later in debate ---

[Norman Baker]

The DPP is looking at those sorts of issues as part of her work on the matter. That is why a training event was held to look at cases and work through scenarios to see what the problems were. In answer to the shadow Minister’s suggestion that there should be legislation on offences preparatory to FGM, we are open-minded about the matter and we will look at sensible suggestions that may help the situation. I simply made the point that we should not fall into the trap of assuming that a law will do our work for us when it has not done so in 28 years.

[Lyn Brown]

That is exactly the point that I wanted to make: the law has not worked so far, because nobody has been prosecuted. Perhaps the House needs to make a different law or amend the existing law to enable prosecution. It is not good enough to say that Members have a knee-jerk reaction of thinking that a law will make a difference. The existing law has made no difference, so let us amend it.

[Norman Baker]

We have to be clear about whether the law is faulty, whether there is a reluctance to use it or whether other obstacles are preventing it from being used successfully. I am not ruling out looking at the law; I am merely saying that we have to look at all possible avenues to find out exactly what the problem is. The DPP is doing that through her work with the police, and I am sure that the Home Affairs Committee will do the same in its investigations.

--- Later in debate ---

[Ms Abbott]

indicated dissent.

[Lyn Brown]

Hardly!

[Norman Baker]

With respect, the hon. Lady has not yet seen what will be in it.

[Lyn Brown]

Even the Daily Mail has noticed.

[Norman Baker]

Members who are making comments from sedentary positions have not yet seen what will be in the next Session. It also ends before the general election in May 2015, so there is limited time for legislation, but we will look at suggestions. Given the fact that there is unanimity across all three parties on trying to deal with FGM, if legislative change is necessary, whatever the result of the general election, I am confident that whatever Government we have will try to move the issue forward.

--- Later in debate ---

[Norman Baker]

I do not think any corroboration is needed to prove that FGM has occurred, but we might need corroboration to demonstrate who was responsible in law. That is a different matter entirely.

[Lyn Brown]

But if a child’s vagina is sewn up, the responsibility of who actually did the cutting is subsidiary to the fact that her parents allowed it to happen—the parents who have care of the child—so there is de facto an offence that has occurred that can be prosecuted.

[Norman Baker]

If it were as simple as that, we would have seen prosecutions over the past 28 years. It is not a case of whether it is the mother, the father or the grandparents. It is not as simple as that. [Interruption.] The hon. Lady is rightly frustrated by the fact that there have been no prosecutions. So am I. I do not want to stand here today defending the fact that for 28 years there have been no prosecutions. It is not defensible. However, I can assure the hon. Lady, as I have assured others, that the Home Office takes the matter seriously. The CPS and the police are taking it seriously. At the moment, 11 cases are being considered. I agree that if we can get a successful prosecution, that would be helpful as part of the strategy to try to minimise and hopefully end FGM in this country.

In conclusion, the Government takes FGM very seriously and it is high on our list of priorities, particularly mine. The Home Office co-ordinates and leads the work on FGM, but we recognise that tackling FGM and all forms of violence against women and girls needs a robust, sustained and dynamic cross-Government approach in which every Government Department—criminal justice, education, health and international development—works with the others to identify, protect and support victims and bring those responsible to justice. We believe that by implementing this approach and working together, we can end FGM and all forms of violence against women and girls. That is our aim.

I thank all hon. Members who have contributed to the debate today for the cross-party commitment. I look forward to working with others in other parties to drive the matter forward.

Terrorism Prevention and Investigation Measures

Lyn Brown Excerpts

Tuesday 21st January 2014 Commons Chamber

[Mrs May]

I will repeat precisely what I said a few minutes ago, which is that what the right hon. Lady never tells this House is that forced relocation was struck down by the courts in four control order cases. The point is that she and others speak about relocation in this House as if it was never queried, but it was; in four cases it was struck down.

[Lyn Brown (West Ham) (Lab)]

Will the Home Secretary clarify whether the principle was objected to by the courts?

[Mrs May]

What I have made clear is that the courts struck down forced relocation in a number of cases. That is a fact that the shadow Front-Bench team never put before this House.

The Opposition’s motion also raises a number of other issues, as the right hon. Lady did in her speech, so let me start by addressing the issue of the two-year time limit. Again, the Opposition do not tell us the whole story. If the police or Security Service observe any of those individuals engaging in new terrorism-related activity, they can apply to have a new TPIM placed on that subject. That is something that is entirely open to them. Besides, people coming off restrictions is nothing new. Convicted prisoners serve their sentences and are released every day. Opposition Members can say what they like, but that also includes people convicted under the Terrorism Acts.

Home Affairs

Lyn Brown Excerpts

Thursday 9th May 2013 Commons Chamber

[Nick de Bois (Enfield North) (Con)]

It is a pleasure to follow the hon. Member for Bishop Auckland (Helen Goodman) and although I do not necessarily draw the same conclusions, her argument about the effect of broadband on the economy is not in doubt.

I shall do two things which, I think, will please the House: I shall be extremely brief and therefore observe the courtesy of listening to the following speaker. I am pressed because of another meeting so I hope the House will forgive me for being brief, which it will no doubt welcome, and for not staying for subsequent speeches.

I shall speak specifically about antisocial behaviour. The term underplays the awful way in which the lives of those on the receiving end of antisocial behaviour are transformed and how they enter into periods of intense frustration, worry, concern and even fear if they are the victims of repetitive antisocial behaviour. I am sure that other Members regularly see constituents in that situation. Sadly, I see them all too regularly—I would go so far as to say that in almost every single surgery I encounter a case of antisocial behaviour. The term worries me for two reasons. If it is used to describe extremely serious instances, it can lead to action not being taken swiftly enough. Some police forces struggle to deal with what they regard as an antisocial behaviour complaint. As a consequence, many incidents are repeated and go on for a long time.

Working with one of my local papers, the Enfield Independent, we came across a case in my constituency where for three years utterly unacceptable bullying behaviour was taking place against two shopkeepers and residents in neighbouring houses. One resident was having her bin set on fire regularly and was having stones thrown down on to her roof, and people’s doors were being trashed—all serious criminal behaviour which went without a response for nearly three years.

[Lyn Brown (West Ham) (Lab)]

Has the hon. Gentleman, like me, experienced a lack of reporting by residents? They tell me that there is no point in reporting such incidents because they are simply not being dealt with by the police in a way that we would wish to see.

[Nick de Bois]

The hon. Lady makes a fair point, which will make my speech even shorter. There is a sense of frustration. The Government’s measure is vital and important, but it may not mitigate some of the reasons why people will still continue to be reluctant to report. That is due not just to a belief that something will not happen, but to fear. After coming across this incident, I found myself talking to six residents and two shopkeepers, and not one of them wanted to report the crime. They knew who was responsible and that it was consistently the same people, but they were fearful of repercussions if they took the matter further.

[Lyn Brown]

My residents told me that they were not reporting because the police did not have the resources to deal with the issue.

[Nick de Bois]

I will deal with that point now. I will not make the usual response that I will cover it later because I do not have clue how to answer it—I am sorry; I am probably being very unfair to other hon. Members. The point fits in with my theme.

The concept behind the community trigger is an excellent idea. It basically means that if five complaints are made, the police are obliged to investigate. That is a good and important concept. If there is a reluctance to complain because people doubt whether anything will happen—although I think the community trigger will encourage them because of the compulsion on the force to act—we need to be comfortable that the police can react and in a sufficiently timely manner. I live in a borough where the police have had to deal with extremely serious issues and I accept that there will be times when they may have to delay their investigation, but I hope they will investigate. I am afraid that there have been too many instances when as an MP I have had to prompt action when it should have been the citizen’s complaint that prompted the action. But the potential problem with the community trigger is that sometimes it is difficult to get one person to complain, so to get five may be quite a challenge.

I genuinely support the moves on antisocial behaviour and I am keen to see them go ahead, so I recommend to Ministers that in addition to the community trigger proposals where residents can complain, perhaps they should consider allowing locally elected councillors to be representatives of people, and where sufficient residents have expressed concern they could also trigger the process. I see those on the Front Bench nodding in agreement—they are not really, but I would welcome comments on that. My constituents ask me to do something about such matters, and if they feel more comfortable with their elected representative doing something, perhaps because of fear, that could be a positive role for a councillor who could use the community trigger to act on their residents behalf. If councillors are not elected to do that, what are they elected to do?

With antisocial behaviour being firmly placed on the Home Office’s agenda and in their sights for introduction into a Bill, I urge Ministers to ensure that enforcement can be met and that local police forces can be held accountable for that. We in this House can legislate, but we cannot implement measures on the ground. I hope that with the introduction of police and crime commissioners, local people will be able to hold their police force to account to meet the challenges that they have set them, but in London boroughs, which come under the Met police and the commissioner, it will be trickier.

I wholeheartedly support the measures in the Bill, but if there is frustration on the ground, I hope that Ministers will not regard their job as done once they have legislated. The job will be done when we have made a significant dent in this dreadfully unacceptable behaviour of those who want to terrorise their neighbours and vandalise their property.

--- Later in debate ---

[Nia Griffith]

We have two great scourges: first, unemployment, and secondly, underemployment and a low-wage economy. That means that people are dependent on tax credits. We would like the minimum wage to be increased at least in line with inflation and to move towards a living wage that gives people enough to live on without having to have their salaries topped up by tax credits. That is obviously an aspiration that many of us share. Certainly, some of our local councils are trying to work towards that.

[Lyn Brown]

I was interested to hear what my hon. Friend said about trafficking. I had a dreadful case in my surgery only last week in which a woman had clearly been trafficked from Bangladesh and used to undercut the minimum wage for the past 10 years. She was kept in servitude—practically slavery—the whole time while working for less than £50 a week, most of which was taken away for her bed and board. Does my hon. Friend agree that that needs to be tackled? We need to get to the traffickers, but the victims also need to be protected, because at the moment the Home Office thinks that it might deport that woman soon, and I will be writing to the Minister about the case shortly.

[Nia Griffith]

That is a good example, but sadly it is not an isolated one; there seem to be many such cases. A report from the Government’s own Department shows that we have not tackled the problem sufficiently. It has been suggested that a commission is needed to look into that. Whether or not that is the right way forward, we certainly need some action. It would have been nice to see a concerted effort in the Queen’s Speech to legislate to tackle human trafficking. Furthermore, the Government’s threat to pull out of the European arrest warrant system is yet another measure that could undermine our co-operation with other countries in dealing with the criminal gangs that cross borders.

When it comes to the rest of our immigration policy, I think we all understand that we need to be absolutely fair and to deal with people in a proper and timely manner, but we must also be careful not to become a country to which nobody wants to come. One of the problems we have in west Wales is getting the skilled doctors we need in our hospitals. We all want to see our young people trained, and thank goodness the Welsh Government are trying to limit student fees to £3,500 a year, unlike this Government, who have let them rocket to £9,000, which I am afraid will deter many from studying medicine. Obviously we want to see our own students coming through, but at the same time we are dependent on attracting the right quality of specialists from abroad. We want to be absolutely certain that we continue to attract those specialists and that I do not have hospital registrars coming to my surgery because they are having difficulty renewing their visas and sorting things out.

On antisocial behaviour orders and the proposal to replace them with much weaker measures, it seems to me that we need something stronger, not weaker. We know that ASBOs are not perfect, but we want stronger measures, not weaker ones. They must follow things through, not with a civil action that takes for ever but a proper criminal case that acts as a deterrent against people getting an ASBO.

Yesterday the hon. Member for Totnes (Dr Wollaston) spoke eloquently about the relationship between alcohol and disorder and the failure to go for minimum pricing. As she said, that is not about beating the poor with a high price but about protecting many members of society from a lot of the results of alcohol abuse, whether it be domestic violence, difficulties in our inner-city areas, or wanton acts of violence. She clearly made the connection between health inequality and the availability of very cheap alcohol.

The hon. Lady also talked about plain packaging for cigarettes and, as a doctor, made a clear case for the reasons why we should do everything we possibly can to deter our young people from taking up smoking. It is a great sadness to me that this Queen’s Speech does not give us any measures on plain packaging. Even more worrying was the insinuation that possibly some of the information we were given about plain packaging, such as it leading to more smuggling of cigarettes, was inaccurate in having been portrayed as coming from the police.

That brings me to the other missing feature of this Queen’s Speech—the transparency that we need on lobbying. We know that there will always be vested interests and that people can declare those interests and explain on whose behalf they are speaking, but we remain concerned that there is a lot of veiled and dishonest lobbying where people are not up front and it is not exactly clear who is behind it. It would have been nice if the Prime Minister had been able to announce yesterday that he was going to do something about what he has called

“the next big scandal waiting to happen.”

Indeed, there was the scandal that led to dinners for donors in Downing street. Those are some of the issues that need to be addressed further, and it is a great shame that that will not happen in the next legislative Session.

I return to the police, particularly those in my own area. I recently had the pleasure of meeting the new chief constable of Dyfed-Powys police, Simon Prince, and had very meaningful discussions with him about how to make our communities better and safer places. I was pleased to notice his emphasis on the need for partnership with other organisations to make a cohesive community and for a coherent approach to tackling and preventing problems, as well as a better understanding of the role of the police in society.

One worry that we have locally is the threat to take away the police helicopter. It is clear to anyone who knows the Dyfed-Powys area, with its mountains and its long coastline, much of which is rocky, that a fixed-wing aircraft, which may have its uses for reconnaissance and search purposes, does not offer the necessary versatility that the helicopter affords. Indeed, a review carried out last summer by five air support unit executive officers concluded with the recommendation

“to place the fixed wing in St Athan and to retain the rotary option”—

namely, the helicopter—

“at the current base at Pembrey.”

Furthermore, only a couple of years ago some £1.5 million of public money was spent at Pembrey to create an absolutely state-of-the-art helicopter base, so it would be a real waste of that money if the helicopter were to move elsewhere. I ask Ministers to address that issue very seriously.

On mesothelioma, I am very pleased about the programme to help people who cannot trace their original employer. A lot of the people I meet have worked for many different employers. Sometimes they have been self-employed. They may have been working in different facilities, perhaps doing a plumber-type job, and going round to all sorts of different providers. So far they have had no one to turn to for compensation. I hope that it will be a properly funded programme that will give them the money they so desperately need. I also hope that it will not involve delays, because one of the horrible features of this disease, which is a very nasty one, is that once it becomes visible it is not very long, perhaps only nine months to a year, before people pass away. There have been cases where money has come far too late to be of any help, so the Bill needs to make money available to stave off that problem in the interim period before the compensation comes through.

On legal aid, I have been seriously lobbied, perhaps for the first time ever, by solicitors, who admitted that they might not be the most appealing, cuddly group in society. Nevertheless, they made the very good point that it makes no sense for only four firms to provide legal aid for such a huge area—the Dyfed-Powys police area is the largest in England and Wales and the fourth largest in England, Wales and Scotland—when most of those who currently operate there are from small family firms. There are no large providers. Will the Government consider seriously the number of providers that can be employed in a particular area?

Another anomaly follows on from that. If someone who has committed a crime and has been helped at a police station by a firm of solicitors is involved in another incident before that case gets to court, they might be helped by a different firm the second time around. Indeed, three or four different firms could end up attending to that person and they would all have to turn up at court. Rather than cutting down on costs, that seems wasteful.

I can see that you are anxious for me to finish, Mr Deputy Speaker, so I shall conclude my remarks on that note.

--- Later in debate ---

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

I am very glad to have an opportunity to say a few words on the Queen’s Speech. It was a Queen’s Speech that could best be described as the creation of one Lynton Crosby, the chief Tory strategist. It is extraordinary that an important, symbolic and historic event that takes place every year should this year have the fingerprints all over it of an Australian huckster. The Lynton Crosby effect can be seen in both what is in the Queen’s Speech, and what is not in it. What runs through the speech, the way it was briefed and its theme, show that this speech has anti-immigration measures as its centrepiece.

In the wake of recent local elections, politicians on all sides are clearly focused on the UKIP vote and what we need to do to appeal to that. There are, however, too many myths about immigration. It is a myth that we have not been allowed to talk about immigration during past decades. My Government had a major Bill on immigration or nationality in every Parliament, and I do not think a day has gone by over the past 20 years in which a tabloid paper has not run an anti-immigrant story, whether it is asylum seekers eating swans or Romanian ladies in headscarves who are the latest threat to the body politic. The myth that no one is allowed to talk about immigration is just that.

It is also a myth that Labour had an open-door policy on immigration. I do more immigration casework than most Members of the House because of the nature of my constituency, and we have filing cabinets full of cases, many of which went on for months, moving into years. The assertion that under the previous Government immigrants and asylum seekers could just walk into the UK is a myth that wants quashing.

I do not doubt that the polls are right when they reflect concern about immigration. I note, however, that the more diverse an area, and the longer immigrants have been there, the less frightened people are of immigration. Fear takes hold in parts of the country where there are hardly any immigrants. Some Labour Members like to point to the children or grandchildren of earlier waves of immigrants who have difficulty with immigration and say, “Look, this West Indian and this African are worried about eastern European migrants.” I have been an MP for more than 20 years, and in a part of London that has seen successive waves of immigration I have noted that it is always the last group of immigrants but one to arrive who feel that they can complain about the latest group. It is almost as if being able to complain about the latest group of immigrants cements someone’s status as a real British national. I do not say that that does not reflect real concerns about immigration, and where there are such concerns, whether about job insecurity, low wages, or an absence of housing, this House and my party should address them. However, it is important not to get swept up in myth making.

In an extraordinarily cynical manoeuvre, the Government —on the instructions, I imagine, of Mr Lynton Crosby—have made immigration one of the centrepieces of the Queen’s Speech, yet a number of the measures that they suggest will not, in practice, achieve the effects that the general public might think. For instance, the Prime Minister spoke about being able to throw out foreign national prisoners almost as soon as they are sentenced. Well, we will see whether that can happen. All prisoner exchange agreements with non-EU countries turn on the consent of the prisoner, and until now, prisoners from Jamaica, which has the largest number of foreign nationals in British jails, and prisoners from Nigeria have always refused to go back to their countries of origin to serve their sentence. I do not know what will change.

An issue was raised in the context of the Queen’s Speech about stopping immigrants who are not entitled to NHS treatment from receiving it. Of course we should not facilitate health tourism—no Opposition Member defends that—and of course hospitals should be able to get back money that they are owed. There is, however, a danger of blowing this up into a huge issue when the sums of money, given the total NHS budget, are not necessarily that great. If hospitals and doctors are to query the entitlement of people who walk through their door, given the nature of things the danger is that they will query those from visible minorities who may well be not just British nationals, but third-generation British nationals. What will that do for community cohesion?

[Lyn Brown]

One thing that worries me is that such rhetoric could prevent people who are sick with transmittable diseases from going to the doctors because they are worried about whether they are entitled to do so. That will cost us more, as people who are entitled to health care pick up diseases. Does my hon. Friend agree that such rhetoric will also cost more in terms of lives and serious illnesses in our communities?

[Ms Abbott]

I am glad my hon. Friend raises that public health aspect of the rhetoric and the media narrative of stopping immigrants from approaching doctors and the health service. Many who are perfectly entitled to approach their doctor will feel inhibited, and there is a danger of disease incubation—people might finally go to the health service only when they are far gone, which will cost a lot more. Another danger is communicable disease. The pronouncements on stopping immigrants from unwarrantedly accessing NHS health care are not just wrong, toxic and unworkable, but inimical to good public health.

The Queen’s Speech is a Lynton Crosby public speech partly because of the immigration theme that runs through it, which is all about rhetoric. The measures will either not deliver or deliver in a minimalist way. All it does is heighten fears. The Government believe that it is to their advantage to do so.

The Lynton Crosby effect is both what is in the speech and what is not in it. We know that his company, Crosby Textor, is on a retainer with British American Tobacco in Australia to fight plain packaging. I put it to the House that it is no coincidence that a man who made his considerable sums of money fighting plain packaging in Australia turns up as the Conservative party’s chief political strategist, and it suddenly drops its commitment to plain packaging.

Dropping that commitment cannot be because of the evidence. I do not ask the House to believe me on the significance of plain packaging; the Under-Secretary of State for Health, the hon. Member for Broxtowe (Anna Soubry), who has responsibility for public health, said just weeks ago that she was persuaded having seen the evidence—the Department of Health has seen the evidence. What happened between the Department of Health forming a view on plain packaging and the Under-Secretary coming out in public in favour of it, and a Queen’s Speech that does not mention it, even though it is the preferred solution of medical experts and smoking cessation campaigners? Lynton Crosby happened. The idea that thousands of people could have their health endangered because of the malign influence of Lynton Crosby on Tory party policy is very regrettable.

The House must remember that tobacco remains the biggest cause of health inequalities in terms of death rates—it is more significant than any other factor. As I have said, there is complete consensus, including among the British Medical Association and medical and smoking cessation campaigners, that plain packaging is a key aspect in reducing levels of smoking and improving the health of the population, but because Lynton Crosby raises an eyebrow, it seems to have been dropped from the Queen’s Speech.

Another measure missing from the Queen’s Speech that has tremendous public health implications is a minimum price for alcohol. I am proud to tell the House that the Labour party’s policy is to support a minimum price for alcohol because there is a consensus—again—among campaigners, doctors’ organisations and anybody concerned about alcohol abuse, and even among some Government Members, that something must be done about the deluge of cheap alcohol. We have gone from the situation in the 19th century when people were worried about pubs and clubs, to worrying about men, women and children buying cheap alcohol in the supermarket and corner shop and doing themselves real damage drinking at home. We are seeing rising levels of liver disease as a result of the consumption of cheap alcohol. At one point the Prime Minister said that he was persuaded by the arguments for a minimum price, and brave statements were made by the Home Secretary. What happened then? Lynton Crosby came in as chief political adviser and the commitment to a minimum price on alcohol disappeared, again to the detriment of the health of thousands of our people.

This is the Lynton Crosby Queen’s Speech. It is disgraceful that he is able to abuse his position as a political adviser to interfere with the legislative programme of this Government. The health of thousands of people will suffer as a result of that interference, and the malign narrative on immigration that is being propagated is no way to build social cohesion. It rests on myths, rather than facts, and is no way to build what we on the Opposition Benches would like to see: one nation politics.

Oral Answers to Questions

Lyn Brown Excerpts

Monday 25th March 2013 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

16. How many local authorities have imposed a late levy on licensed premises to date; and how much income has been raised for policing as a result.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The late-night levy was introduced in October last year. Since then a number of councils have been actively considering how a levy could benefit their area. The first formal public consultation to introduce a levy began in Newcastle last month.

[Lyn Brown]

I take that answer as being “absolutely none”. The Home Office told us that 94 of the 100 licensing authorities would impose the late-night levy, which would raise £10 million for police forces in its first year. Six months in, not a single pound has been raised. Is this not another illustration of the Government’s collapsing alcohol policy, and where is the Minister going to get the money from to police our night-time economy?

[James Brokenshire]

I find it quite interesting that the hon. Lady makes her point in the way she does, given that the last Labour Government promised that we would have a café culture, but instead we had 1 million violent crimes linked to alcohol. A number of councils are taking forward this policy, and we see this as a local issue: it should be for councils, with their police and crime commissioners, to decide if it works for them. That is precisely what we are doing, and I am surprised that the hon. Lady does not support local action to deal with the problems her constituents would like to see addressed.

Alcohol: Minimum Unit Price

Lyn Brown Excerpts

Thursday 14th March 2013 Commons Chamber

[Mr Browne]

I pay tribute to my hon. Friend for his vigilant championing of the interests of children in households where such disadvantages blight their upbringing. I take seriously the point he makes. There is a range of concerns. There is a serious issue—Labour Members and others might wish to mull this over—about whether someone on a relatively high income who drinks a bottle of wine every evening should be treated differently from someone on a low income who drinks a much cheaper bottle of wine every evening. The second person could face a dramatic increase in the price of a bottle of wine under minimum unit pricing, whereas the first person, with the higher income, will almost certainly be buying a bottle of wine that is already above the minimum unit price. These issues must be considered as well, because it is reasonable for a Government to consider the impact on all parts of society.

[Lyn Brown (West Ham) (Lab)]

I genuinely feel sorry for the Minister, because he has been thrown into the trenches and then over the top into Opposition fire to try to deal with the consequences of the Prime Minister over-speaking at Prime Minister’s questions, which seems to happen quite a lot, but I must press him on this. The Prime Minister said yesterday that he would stop the problem of 20p or 25p cans of lager, but what are the Government going to do?

[Mr Browne]

I would feel more sorry for myself if the Opposition could fire straight, but they seem to have formed a circle and been busy picking each other off, probably because the shadow Home Secretary showed a lamentable lack of policy clarity. [Interruption.] When she got to her feet, she seemed to have no idea what she thinks at all, so everyone on the Labour Benches—