Policing and Crime Bill (Seventh sitting)

Mims Davies Excerpts

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

[Karen Bradley]

The hon. Gentleman makes a valid point. I had ministerial responsibility for Action Fraud, then my right hon. Friend the Policing Minister covered it and it now sits within the portfolio of the Minister for Security. We have all identified that problem and the City of London police are taking action to address that. They understand that feedback.

There has been a problem that local forces feel that they can pass the information to Action Fraud and it will deal with everything. There is a still an obligation on the local force to feed back to the individual. The crime has still been committed on that individual in the local force area, and it is incredibly important, and incumbent on the local force— working with Action Fraud—to make sure that feedback is given. I echo the hon. Gentleman’s comments.

It is important to make the point that crime is crime—whether it happens online or offline, it is crime. Somebody stealing money from someone is theft. It may be fraud. It may be that it could be prosecuted under some other offence, but it does not matter what the offence is—it is still crime. We need to make sure that the police have the capabilities to understand where the evidence is. It is not like somebody breaking into your home leaving fingerprints, but they will be leaving fingerprints online. There will be digital fingerprints all the way back. We need to make sure that the forces have the capability to see that and that local forces also know the opportunities that this affords.

One of my favourite examples of the great opportunity of online is that if somebody breaks into a house and they are carrying a smartphone, it will try to find the wi-fi. There will be a digital fingerprint from that smartphone. That is an opportunity for local forces to be able to crack more crimes.

We need to ensure that training is happening. Working across the Home Office with local forces, the National Crime Agency and ROCUs, I know that there is an incredible amount of work going on to ensure that local forces and police officers—bobbies on the beat—understand the problem that they are dealing with and how to tackle it. But it is crime. It does not matter whether it is online or offline: it is crime.

Turning to the new clauses, I will deal first with new clause 16, which calls for a digital crime review. As the hon. Member for Dwyfor Meirionnydd explained, the aim of such a review is to consolidate into a single statute criminal offences and other powers relevant to tackling digital crime and the misuse of digital devices and services. She made a very persuasive argument, but I am far from persuaded that such a lengthy and costly exercise would deliver the benefits she seeks. I do not accept her premise that the criminal law is defective in this area. As a general principle, any action that is illegal offline is also illegal online.

Legislation passed before—in some cases, well before—the digital age has shown itself sufficiently robust and flexible to be used today to punish online offending. Consequently, most of the long list of statutes and offences in new clause 16 relate to offending that may be carried out by both digital and non-digital means. I think the terminology is that this is cyber-enabled crime: it is the same crime that has always happened—it is just that the digital platform of the internet enables criminals from thousands of miles away to have access to victims here in the UK and across the world that they would never have had access to without the internet.

Crime is crime. It does not matter whether it is 20th-century or 21st-century crime—it is crime, and it needs to be tackled. The offences that have long been tested in the courts and in the legal system are the right ones to use, whether they have been committed online or offline.

The new clause suggests that the Government should review, with a view to producing a single statute, all legislation

“which contains powers to prosecute individuals who may have been involved in the commission of digital crime”.

It would be difficult, if not impossible, to separate all those powers from those used to prosecute non-digital crime. The new statute would not consolidate the powers, as the new clause suggests. Rather, it would inevitably reproduce and duplicate many existing offences, which would also need to be retained in existing legislation for non-digital offending.

That is not to say that, where we identify specific gaps in the law or new behaviours that ought to be criminalised, we will not take action to plug those gaps. Indeed, the Bill will criminalise the live streaming of offences relating to the sexual exploitation of children. Years ago, none of us would even have thought it possible, but there is live streaming and we need to make sure that we deal with it.

Likewise, in the last Parliament we created a new criminal offence of disclosing private sexual photographs and films

“without the consent of an individual who appears in the photograph or film, and with the intention of causing that individual distress.”

That is what we would perhaps call revenge porn. I think we can all see that that crime may have been committed before, but a partner sharing a photograph with a few friends in the pub, although equally offensive, is not as destructive as that photograph appearing online and being available across the world for millions of people to see. It is very important that where there is criminality and we see gaps like that, we act. We are determined to do so, and will continue to do so. I mentioned that the hon. Lady’s predecessor was a member of the Public Bill Committee that considered the Serious Crime Act 2015. In that Act, we further strengthened the Computer Misuse Act 1990.

New clause 17 seeks to create a raft of new offences relating to digital surveillance and monitoring. I presume that the intention is to address issues such as harassment and stalking offences, which can now occur through digital means. I want to be absolutely clear: abusive and threatening behaviour, in whatever form and whoever the target, is totally unacceptable. That includes harassment committed in person or using phones or the internet. The Protection from Harassment Act 1997 introduced specific provisions to deal with incidents of harassment, including the offences of harassment and putting people in fear of violence—offences that may be committed by online or offline behaviour, or a mixture. The 1997 Act also enables victims to apply for an injunction to restrain an individual from conduct that amounts to harassment, and it gives courts the power to make restraining orders. Those powers are regularly used to successfully prosecute offences committed by digital means.

I want to add one other point. I do not think that the issue we are discussing is whether the offence exists or whether it is sufficient; it is about understanding the offences and ensuring that the public and law enforcement know the offences and use them appropriately. I have experience of this in my own constituency: a business run by one of my constituents was subjected to an online trolling attack. I made the point that if my constituent had walked down the street and paint had been thrown at her, we would all have understood that offence. This was, effectively, digital paint being thrown at her from hundreds of miles away to destroy her business. That does not change the fact that she was being harassed. The issue is not that the offences are in some way lacking; it is about ensuring that they are known and understood, and that appropriate evidence is gathered.

[Mims Davies (Eastleigh) (Con)]

Does the Minister agree that online and offline behaviour is partly an educational issue? If my 12-year-old was at the shops for four or five hours, doing what they wanted, unmonitored and unchecked, I would certainly ask who they were talking to, what they were doing and what was going on. There are parents who allow this behaviour, probably not seeing the dangers out there in respect of who children are talking to and what they are getting up to for a significant amount of time.

[Karen Bradley]

My hon. Friend is absolutely right. That is so important. I co-chair, along with the Minister for Children and Families and Baroness Shields, the UK Council for Child Internet Safety—UKCCIS. It is a very important forum, bringing together internet service providers, education providers and people who have the ability to influence young people and parents. Parents must understand that they need to turn their filters on; it may be a pain to have to occasionally put in a password when looking at a website, but those filters will protect their children.

We are also consulting on age verification for pornography. When I was growing up, it was not possible to access the kind of images that children can download on their smartphones and look at in playgrounds up and down the country. It simply was not available. Again, we have to be clear: if a child cannot purchase that material offline in a corner shop, newsagent or specialist retailer, they should not be able to access it online. We need to make sure that we have those safeguards in place.

We need to get rid of any suggestion that this is too difficult or too hard, and say to parents that they need to understand what the dangers are and to make sure that filters are in place so that their children are protected online. Schools have a role to play in that, too, as we all do. I would be happy to write to all Committee members on the work that we are doing, which they can share with their constituents and local headteachers. I will be delighted if we can get more information to headteachers and others about the work that is being done to protect children online.

New clause 18 deals with digital crime training and education, which is linked to the point that my hon. Friend the Member for Eastleigh made. I support the underlying objective, but I do not think that we need to legislate to require police forces to provide such training. Since the introduction of the College of Policing’s cybercrime training course in February 2014, more than 150,000 modules have been completed across all forces, and in September last year the College of Policing launched the second phase of its mainstream cybercrime training course for police forces. This is a modular course consisting of a series of self-taught and interactive modules that are accessible to all police officers and staff, which provides an introduction to how to recognise and investigate cybercrimes.

We need to get rid of the barriers and obstacles that make people think that they cannot investigate a crime because it happened online. They absolutely can; it is the same type of crime. It is money being stolen, it is harassment, it is stalking or it is grooming. These are all crimes. The fact that they happen online does not change the nature of the crime.

Additionally, more than 3,900 National Crime Agency officers have completed digital awareness training as part of equipping the next generation of highly-skilled digital detectives. The national policing lead for digital investigation and intelligence is co-ordinating a programme of activities to equip forces with the capabilities and technology to effectively police in a digital age and protect victims of digital crime. We need to repeat this point: it is not for the Home Office to mandate this training. Whitehall does not know best here. Delivering that training is something that the police are rightly leading on.

In conclusion, the Government recognise that tackling digital crime is one of the most important challenges that the police face today, and we continue to support and invest in the police to ensure that they have the resources and the capability to respond effectively. Having answered the points that the hon. Member for Dwyfor Meirionnydd made, I hope that I have persuaded her not to press her new clauses.