Assaults on Emergency Workers (Offences) Bill

Michael Tomlinson Excerpts

Committee Debate: House of Commons
Wednesday 15th November 2017 Public Bill Committees

[Chris Bryant]

We are getting to the meat of the Bill, Ms Ryan. I know that you are completely and utterly impartial, but you did volunteer to be a member of the Committee if you were not chairing it, so I am absolutely delighted that you are in the Chair today. I am grateful to everyone who has come along this morning, not least the two late additions, the hon. Member for Hazel Grove—

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Hear, hear.

[Chris Bryant]

And the hon Member for Mid Dorset and North Poole.

[Michael Tomlinson]

Oh yes.

[Chris Bryant]

That sounded like applause for oneself. I would also like to put on record that the hon. Members for Rochester and Strood (Kelly Tolhurst) and for Louth and Horncastle (Victoria Atkins) were prepared to serve on the Committee. They have gone to great lengths in sucking up to the Government so as to be in the Government and therefore avoid being on the Committee. None the less, I am very grateful for the support that they have given. Before we get much further, I would also like to pay tribute to my hon. Friend the Member for Halifax, as in a sense I am midwife to, rather than the mother of, today’s Bill.

Clauses 1 and 2 will, in essence, make two new provisions. The first, in clause 1, is for a new offence

“of common assault, or battery, that is committed against an emergency worker acting in the exercise of functions as such a worker.”

Somebody convicted of such an offence on summary conviction could receive up to 12 months, a fine, or both. Somebody convicted on indictment could likewise receive up to 12 months, a fine, or both.

[Michael Tomlinson]

The hon. Gentleman may remember my intervention on Second Reading, in which I raised the same point that I am going to raise now. It seems slightly unusual for an offence on indictment and an offence on summary conviction to have the same sentence. I know the hon. Gentleman will have anticipated this question, which I will also put to the Minister, but I was slightly surprised not to see an amendment to the Bill. Could he explain his reason for that, and perhaps whether there is any comparable legislation where there is exactly the same sentence on summary conviction as on indictment? I should say that I fully support the Bill and am delighted to be a member of the Committee, even though I am a late addition, but I would like him to address that point.

[Chris Bryant]

When I was re-reading the Second Reading debate last night and remembered that the hon. Gentleman had joined the Committee, I thought it was just as well that he joined very late. Otherwise, he would have tabled an amendment to that effect, we would be debating it this morning, and I would have had to prepare for it.

The exegesis is simply that I was initially hopeful of a two-year maximum sentence on indictment. Obviously, in nearly every—in fact, in all—other cases, the sentence in a magistrates court is six months on summary conviction. That is what I had assumed that we would be proceeding with, but the Government were keener to go to 12 and 12. I hope that the Minister will be able to answer on that point later. I am enormously grateful for the support that the Government have given in making sure that the legislation is in good shape. There have been some tussles along the way, and we may want to return to the issue of sentence length on Report. I think there is still an argument for a maximum of two years for an offence, but others argue that that would be disproportionate when there are other offences that one could be convicted of that would attract sentences of anything between two and five years. Some people are arguing that that might be a more sensible route to go down when seeking to prosecute.

The new offence in clause 1 also applies to those who are off duty when they are performing the functions that they would have been performing if they were on duty. That is an important provision. Legislation in Scotland is similar but is far more complicated and difficult to use in prosecutions, and there have been instances where that has been used effectively as a loophole. It is also important to say that, as with all such legislation, the offence is not retrospective.

The second provision in clause 2 is the new aggravated offence in relation to seven sections of the Offences Against the Person Act 1861 and manslaughter, kidnapping and ancillary offences. I am glad to say that those ancillary offences cover quite a broad range of those who might be caught. This particular provision has taken the model of the Criminal Justice Act 2003, which created an aggravated offence originally in relation to those perpetrating an offence in relation to somebody’s sexual orientation or their disability, and was subsequently amended to include whether the victim was or was presumed to be transgender. That is a good parallel because, although it does not necessarily increase the maximum sentence available, it means that the court has to state the fact that this is an aggravated offence in open court. That will be of some comfort to quite a lot of emergency workers who have gone to court and seen the person get a minimal sentence with no reference to the fact that this was an aggravated offence. Secondly, it means the court has to consider that as increasing the seriousness of the offence.

I have heard people say that the court already has lots of other means of assessing aggravated elements of the seriousness of an offence, but those vary enormously from things such as the time of day to the vulnerability of the person and the venue and so on. It is important that we put this at least on a par with the provisions of the 2003 Act. Again, it would not apply retrospectively.

I hope that all hon. Members will support the inclusion of the two offences.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

I join the hon. Member for Rhondda in saying what a pleasure it is to serve under your chairmanship, Ms Ryan, I think for the first time in my case. If you will indulge me, may I also place on the record my admiration for the success that the hon. Gentleman has had so far with the Bill? Unfortunately, I could not attend Second Reading, so I could not place on the record my genuine admiration for his work. He is characteristically modest in describing himself as the midwife of the Bill, although I join him in congratulating the hon. Member for Halifax on her tireless work. Her speech on Second Reading was extremely powerful in helping to explain through human anecdote why such a Bill is necessary. I also join the hon. Member for Rhondda in congratulating the other sponsors of the Bill.

Having sat in the hon. Gentleman’s shoes and taken a private Member’s Bill through in my first Parliament, I also congratulate him on how he has managed the process and resisted many temptations and invitations to add baubles to the Christmas tree that is this Bill. The reality of these situations is that the more baubles you add to the tree, the more likely it is to fall over. This tree stands proud before us today because it has the right number of baubles on it, which is in large amount due to the discipline of the hon. Gentleman in seeking to pursue a Bill that is simple and coherent. He has done that and I congratulate him on it. That in large part explains why the Government are pleased to support the Bill, not least because it sends a clear message that assaults on emergency workers will not be tolerated.

As the hon. Gentleman made clear in his remarks, clause 1 creates a new form of common assault where the assault is on an emergency worker. An offence committed under those circumstances will be triable either way and will have on indictment a maximum penalty of 12 months in prison. That is double the current maximum penalty for the existing offence of assault. The new offence provides increased protection under the law for emergency workers who may be assaulted in the course of their day-to-day work.

Such increased protection will also extend to situations where an emergency worker is not at work, but acts as if he or she was—for example, when an off-duty firefighter rescues someone from a burning building. The offence will sit alongside the existing common law offences of assault and battery but will be targeted at assaults against emergency workers. In the case of a more serious assault against such a worker, the existing offences of actual bodily harm and grievous bodily harm are likely to apply.

It is worth reiterating why we are creating a new form of common assault when perpetrated against an emergency worker.

[Michael Tomlinson]

I am sure the Minister heard my intervention. Perhaps he is answering it in his own way by explaining about other offences that sit alongside this one, but I wonder if he would directly address my point. I believe it is unusual for there to be exactly the same length of sentence for an offence that is tried summarily as for one that is tried on indictment. It may be that he is already answering that point, but I would press him slightly further on whether there is a specific explanation why the six-month and two-year sentences initially proposed have not found favour with Her Majesty’s Government.