European Union (Notification of Withdrawal) Bill

Debate between Lyn Brown and Liz Saville Roberts

2nd reading: House of Commons
Wednesday 1st February 2017 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I want to make a few brief points about this Bill. Of course, Wales is a net beneficiary of the EU, receiving £245 million, or £79 per person, more than we pay in. In rural constituencies such as mine, that funding makes an impact way beyond what this figure implies. For rural communities, the common agricultural policy is the most important financial contribution that the EU makes, yet the Conservative party stands ready to switch off these vital support mechanisms that are essential to our already struggling isolated communities, with no indication of how it will make good the damage, or even whether it intends to.

I shall spend a few sentences exploring the increasingly divisive and much-misused word “freedom”. It was its antonym, “control”, that dominated the leave campaign’s market-tested propaganda, but it was an almost messianic pursuit of this most emotive of concepts, freedom, that drove us to break free from Brussels. [Interruption.] “Freedom to” and “freedom from” are the opposing and disputed understandings of liberty that have arguably underpinned the political divide for centuries. However, if we strip away much of the leave campaign’s divisive and reprehensible rhetoric, we find that it is its dogmatic belief in a freedom from Brussels that catalyses its distrust of the EU. In its polarised, simplistic view, now that we are free from the Eurocrats, once again the sun will never set on our shores. [Interruption.]

[Lyn Brown]

May I just say to the hon. Lady that I think it is a great discourtesy that she is not being listened to by some in this Chamber, because I find her speech very good indeed?

[Liz Saville Roberts]

I am most grateful for that intervention. We do not have many days to discuss this, and there are many of us who have waited in this Chamber all the while to do so, as we were required to. The least we can do is listen to each other’s contributions.

From what are we truly free? From workers’ rights and employment protections; from greater unity with our friends and neighbours; from free trade; and from progress. In reality, our so-called freedom from the EU will undermine our freedom—our freedom to achieve our potential. Our businesses will no longer have the freedom to export and import the goods we rely on. Our children will face greater challenges if they are to work and live in the countries that we have had the unfettered freedom to enjoy. The freedom to take back control? We have gained nothing but the illusion of control.

My party will always work in the national interest of Wales. My colleagues and I will therefore vote against this Bill on the grounds that this Government have failed to ensure Wales’s national best interests. Our economy and the role of devolved legislation are disregarded in this Bill. I am confident that the people of Wales did not vote for poverty and did not vote for our economy to bear the brunt of Brexit.

Policing and Crime Bill

Debate between Lyn Brown and Liz Saville Roberts

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Lyn Brown]

I am grateful to the hon. Gentleman for making that point.

We also support Lords amendments 136 to 142, which were tabled by Baroness Brinton, along with consequential amendment 307. Those amendments are designed to improve the way in which the criminal justice system interacts with victims of crime, and they are based on the work of my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer). I presume that the amendments will be acceptable to the Government because, as we have heard, they would enact the 2015 Conservative manifesto commitment to introduce a victims’ bill of rights. Let me remind the Minister of what that manifesto says:

“we will strengthen victims’ rights further, with a new Victims’ Law that will enshrine key rights for victims”.

I understand that the former Minister, the right hon. Member for Hemel Hempstead (Mike Penning), already committed to a Green Paper on this issue in a private meeting with the campaign group Voice 4 Victims in February last year, but we are yet to have sight of that. This Bill is the ideal opportunity to take the matter forward, so I encourage the Government, even at this late stage, to think again and not oppose the amendments.

The House will know that victims’ rights are protected in the victims code, which was introduced in 2005 by a Labour Government. We still support that code, but the rights included in it are not legally binding, and in the past few years it has become clear that a firmer legal basis is required to give distressed and vulnerable victims the protection that they need.

[Liz Saville Roberts]

Does the hon. Lady agree that if the 2012 European directive on victims’ rights were put on a statutory footing in England and Wales, we would be following the lead of that which happens in Scotland already?

[Lyn Brown]

The hon. Lady is absolutely right, but I think that talking about Europe might be too much of a red flag in this Chamber.

If the amendments are agreed to, they will create a statutory duty on elected police leadership to produce an area victims plan depending on local needs, and they will require the commissioner for victims and witnesses to assess the adequacy of such plans. Finally, the amendments will empower the Secretary of State to order a homicide review—basically, a cold case review—when nobody has been charged with a crime. Taken together, the measures would allow the victims code to be better enforced and ensure that our criminal justice system works better for the victims of crime. The Government will, I hope, offer their wholehearted support to these amendments.

Finally, I turn to Lords amendment 134, with consequential amendment 305, which was proposed by my noble Friend Baroness Royall. The amendment would increase the maximum penalty for those found guilty of stalking from five to 10 years. In cases where the offence is racially or religiously aggravated, the maximum penalty would be increased from seven to 14 years. We are delighted that the Government have chosen to accept our case, and I congratulate my noble Friend and all who have pursued the campaign.

Home Office data suggest that as many as one in five women and one in 10 men will be stalked at some point in their lives. Just because stalking is common, it does not mean that it is not a serious matter. Stalking destroys lives. It violates an individual’s right to privacy, and therefore destroys their personal freedoms. It causes fear, and rightly so, since too often it is a precursor to violent confrontation.

I know that sentencing guidelines and specific sentences are the responsibility of the Sentencing Council and judges respectively. However, extending the maximum penalty will allow for greater flexibility in the most serious cases and make it clear that stalking is a serious offence. The Labour party has provided the Government with the opportunity to give judges the necessary flexibility to hand out appropriate sentences to serious criminals. I am delighted that the Government have seen the need for that and responded appropriately.

Policing and Crime Bill (Seventh sitting)

Debate between Lyn Brown and Liz Saville Roberts

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

[Liz Saville Roberts]

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

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

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

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

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

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

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

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

[Lyn Brown]

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

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

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

I could not agree more.

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

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

Barnardo’s 2015 report states that

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

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

--- Later in debate ---

[Liz Saville Roberts]

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

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

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

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

[Lyn Brown]

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

Policing and Crime Bill (Second sitting)

Debate between Lyn Brown and Liz Saville Roberts

Tuesday 15th March 2016 Public Bill Committees

[Lyn Brown]

Q Who will talk to us about it in more detail? Cassandra was it?

Cassandra Harrison: I can talk to you about some of the prevention measures that we would like to see. It is not specifically about online abuse. Like the NSPCC, we welcome the fact that the Bill is closing the loophole in relation to online streaming. Child abduction warning notices are used by the police to collect and document evidence in order to dissuade people they suspect of grooming children from contacting those children by saying they have no permission to associate with them. The effectiveness of those notices is limited because breaching them is not a criminal offence. The Government responded to this and created sexual risk orders and sexual harm prevention orders.

The Solicitor General, in the passage of the Serious Crime Act 2015, committed to reviewing the effectiveness of the notices, including how they interact with child abduction warning notices. The process is supposed to be that when child abduction warning notices are breached, things are escalated by the police, who can use one of the legally enforceable orders. However, there is no clear indication at present as to whether that is happening in practice. Some anecdotal evidence we have suggests that that is quite patchy and in some cases no further action is being taken, which is quite concerning. We would like the Government to use the Bill as an opportunity to commit to report publicly on the use of those different measures, and to make sure that they are working effectively to protect children. What we all want is early intervention and prevention of this terrible type of abuse, which we know can have a terrible impact on children.

Iryna Pona: To add to what Cass has said about child abduction warning notices, we would also like to see provisions in the Bill to enable police to use child abduction warning notices in relation to vulnerable 16 and 17-year-olds, because 16 and 17-year-olds are a separate group. They are very vulnerable to being sexually abused. At the same time, because legally they can consent to sexual relationships, they are often seen and responded to in a different way. Practitioners and police are not always sure how they can best protect them.

We believe that the Bill should address the gap in the law that says that police cannot use child abduction warning notices to disrupt predatory individuals who are targeting vulnerable young people aged 16 and 17. Currently, child abduction warning notices can be used only in relation to a very small group of 16 and 17-year-olds—those who are in the care of the local authorities, but only those who are under care orders under section 31 of the Children Act 1989. The majority of young people aged 16 and 17 who are in care are looked-after children under section 20 of the Children Act, so the majority are not covered and are very vulnerable to being targeted.

In addition, we know that young people seek help from local authorities because they are homeless. We estimate that about 2,800 young people are accommodated by local authorities every year, often under section 20, but not under section 31 or other provisions, because sometimes local authorities do not accommodate them as looked-after children, so for years they live in hostels and other types of accommodation. We know from our practice that they are very vulnerable to being targeted for sexual exploitation and police have very limited powers to disrupt that exploitation.

The sexual risk orders that Cass mentioned are very helpful but they require a high evidential level of proof. The guidance on sexual risk orders says that child abduction warning notices are complementary to sexual risk orders and can be used as speedy early intervention tools, so not being able to use them for vulnerable 16 and 17-year-olds is a big gap that it is to be hoped the Bill will address.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Q You mentioned in passing the College of Policing, and perhaps the interpretation of how to put this legislation into effect might vary from police force to police force. How serious an issue is that?

Alan Wardle: We think that it is worrying. In particular, as I mentioned, in the online space there is a huge variation in how police forces respond to this. The report last year by Her Majesty’s inspectorate of constabulary into online child sexual exploitation found that over half of police investigations were either inadequate or required improvement, which we think is not really good enough. It is quite often forgotten that what happens in some of these delays: computers which were seized had not been examined for up to six to 12 months, and in some cases that have been followed up, those delays meant that more children were abused in real time.

There is a serious issue. Particularly with the nature of CSE and online CSE, that whole idea that a victim, the offender and the police force are all in the same area is increasingly untenable. How do we ensure that police forces are not operating as individual businesses, and all have the best technology? Are they procuring that in the best way? How do we ensure that the best technological brains are helping the police to identify and track these children and offenders? The variety in performance across the country, in terms of how the police are dealing with online offences, presents real challenges—we do not underestimate the challenges for the police, who are making a lot of effort, but the pace at which technology is moving and offenders are operating mean that they are always playing catch-up.

We need to be much smarter about how police forces are resourcing each other, and crossing and supporting each other in terms of sharing best practice, technology and tools that identify risk, because we hear from forces that some of the tools are not being used for cost reasons. There is a lot of irregular or, I should say, uneven practice across police forces that needs to be levelled out on online grooming and the way in which online criminals are targeting vulnerable children.