Crime and Policing Bill Debate

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Department: Home Office

Crime and Policing Bill

Mary Kelly Foy Excerpts
2nd reading
Monday 10th March 2025

(3 months, 2 weeks ago)

Commons Chamber
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Mary Kelly Foy Portrait Mary Kelly Foy (City of Durham) (Lab)
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This Bill presents an opportunity to confront the challenges facing our communities, protect the most vulnerable and ensure that justice serves everyone. I welcome the Government’s commitment to tackling violence against women and girls, to tackling antisocial behaviour and to halving knife crime. This is a positive step forward, strengthening protections for the public and addressing some of the damaging policies of the previous Government. I must therefore turn my attention to the impact of the Police, Crime, Sentencing and Courts Act 2022.

In its rush to extend police powers, this legislation has had a devastating effect on Gypsy and Traveller communities. The Act introduced a new criminal offence related to trespass, and granted sweeping powers to ban those communities from areas for up to 12 months, as well as powers to fine, arrest, imprison and seize the homes of Gypsies and Travellers. Under these provisions, sanctions can be enforced based on damage, disruption or distress, often rooted in subjective perceptions of harm. This means that entire communities could face eviction or banishment from areas, with little regard for the cultural context or the lack of alternative places to settle.

These measures are a grave injustice and an affront to the rights and dignity of those who follow centuries-old ways of life. It is concerning that, in the supposed pursuit of law and order, the previous Government overlooked fundamental human rights protections. I must stress that the impact of these measures is not theoretical; it is real and it is being lived. It is affecting families, children and entire communities. Human rights bodies have raised their concerns. The United Nations Committee on the Elimination of Racial Discrimination, in its formal recommendation, has called for the repeal of the provisions in question and, importantly, the High Court, in its ruling in 2024, found that certain provisions in the Act were incompatible with the European convention on human rights. This Parliament has a duty to address these human rights violations and to correct the injustices done.

The Crime and Policing Bill offers us the opportunity to right the wrongs of the past, to restore fairness and to ensure that we have laws that respect the rights of all people, regardless of their heritage or way of life. This Bill could be the means by which we address the discrimination faced by Gypsies and Travellers. We need bold action to ensure that their traditions are protected. All people and all communities have the right to fair treatment. If we really want to stand for justice and human dignity, that must apply to all, so as chair of the all-party parliamentary group for Gypsies, Travellers and Roma, I urge the Government to undo the harm of the previous legislation. Let us stand for equality under the law and protection for all who live in the United Kingdom.

Crime and Policing Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Crime and Policing Bill

Mary Kelly Foy Excerpts
We know that road accidents happen, but if someone wilfully gets behind the wheel of a car when unlicensed and uninsured, and swerves in and out of traffic, that is not an accident; it is a dangerous choice to put others’ lives at risk. New clause 51 would rightly treat such behaviour as seriously as driving under the influence of drugs or alcohol. It would close a loophole in the current law and bring greater justice for victims. If the new clause does not progress today, I ask the Minister to meet me and Emma to ensure that her campaign continues.
Mary Kelly Foy Portrait Mary Kelly Foy (City of Durham) (Lab)
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I rise to speak in support of new clause 25, in the name of my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter). It seeks to repeal the unnecessary and arbitrary police powers introduced via the Police, Crime, Sentencing and Courts Act 2022, which introduced new powers to seize the homes of Gypsy and Traveller families, and to fine, arrest and imprison them. The powers contained in part 4 of the Act have had a devastating impact on Romani Gypsy and Irish Traveller communities, and on a culture that is not only centuries old but protected by law. The Government have a legal and moral duty to facilitate this way of life, not to legislate it out of existence.

As we heard earlier from my hon. Friend the Member for Hammersmith and Chiswick, in May 2024 the High Court found certain provisions in part 4 of the Police, Crime, Sentencing and Courts Act to be incompatible with the Human Rights Act. The Government have so far failed meaningfully to respond to that, let alone correct it. In issuing the declaration of incompatibility, the High Court recognised the lack of transit provision for Gypsy and Traveller communities across England, and the impact that the Act’s powers have on Gypsy and Traveller families. If there is any doubt in people’s minds about the state of transit provision in England, I refer them to the research published this year by Friends, Families and Travellers, which found that 92% of the 362 local authorities have no transit provision at all.

Notably, the introduction of the powers has an effect on the community’s fears of being targeted and sanctioned. I will share the words of someone from the Romany community who has been directly impacted by these powers, which highlight the human consequences of these laws:

“This law adds to the knock-on effects we face daily with access to healthcare and education; being moved on constantly has been detrimental to my health, as sometimes I have to drive over 100 miles to see a GP. I could be made a criminal and lose my home, all because I have never known any different.”

It is painfully obvious that what we need are not criminal sanctions for families who have nowhere to stop; the answer is, of course, to create laws which ensure there are enough places for people to stop—I might add that the Planning and Infrastructure Bill provides the perfect opportunity for that.

As I stand here today during Gypsy, Roma and Traveller History Month, I urge the Government not to delay further. Let us repeal part 4 of the Police, Crime, Sentencing and Courts Act through this Bill, and take a meaningful step towards justice, inclusion and respect for all communities.

Liz Jarvis Portrait Liz Jarvis (Eastleigh) (LD)
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I would like to start by paying tribute to Berney Hall, who is in the Gallery today and who has been campaigning for a change in the law to remove the 12-month limitation period for historic cases of rape of 13 to 15-year-old girls, when they occurred before 2004. It can take years for victims of abuse to come forward. Baroness Kennedy of Cradley tabled amendments to the Police, Crime, Sentencing and Courts Bill in the other place which sought to close this loophole, but they were not taken forward by the previous Government. That is why I have tabled new clause 160. I hope the Government will give all survivors of this terrible crime the closure and justice they deserve.

I am supporting several amendments today, including new clause 9 tabled by the hon. Member for Rotherham (Sarah Champion). I recently met a mum from my constituency whose ex-partner was convicted of sexual communication with a child and put on the sex offenders register, but was then allowed to change his name. Understandably, my constituent was horrified to learn that he could take on a new identity, and that other women might not be aware. New clause 9 would stop offenders avoiding monitoring measures that are important for public safety, as well as reassuring victims that perpetrators cannot dodge the repercussions of their actions.

I am also supporting new clauses 85 to 88, new clauses 121 and 122, and new clause 102. In addition, I support new clause 120, tabled by my hon. Friend the Member for Esher and Walton (Monica Harding), which would strengthen protections for emergency workers by addressing hate-motivated offences committed against them in private dwellings. No one doing their job to protect others should face abuse. Whether on the street or in someone’s home, hate-fuelled attacks on those who serve the public must be prosecuted with the seriousness they warrant.

Finally, I thank my hon. Friend the Member for Tunbridge Wells (Mike Martin) for tabling new clause 43, which would ensure the Government implement the Protection from Sex-based Harassment in Public Act 2023. No one should have to put up with sexual harassment and this change in the law is long overdue.