Online Safety Bill

Natalie Elphicke Excerpts

Report stage
Monday 5th December 2022 Commons Chamber

[Mrs Natalie Elphicke (Dover) (Con)]

Will my right hon. Friend give way?

[Damian Collins]

Of course.

[Mrs Elphicke]

I am grateful to my right hon. Friend raising this and for his support in this important area that affects our constituencies so much. I will be speaking later to the details of this, which go beyond the advertising payment to the usage, showing and sharing of this. As he has mentioned schedule 7, does he agree that there is—as I have set out in my amendment—a strong case for making sure that it covers all those illegal immigration and modern slavery offences, given the incredible harm that is being caused and that we see on a day-to-day basis?

--- Later in debate ---

[Mrs Elphicke]

I rise to speak to new clause 55, which stands in my name. I am grateful to my many right hon. and hon. Friends who have supported it, both by putting their name to it and otherwise. I welcome the Minister and his engagement with the new clause and hope to hear from him further as we move through the debate.

The new clause seeks to create a new criminal offence of intentionally sharing a photograph or film that facilitates or promotes modern slavery or illegal immigration. Members may have wondered how so many people—more than 44,000 this year alone—know who to contact to cross the channel, how to go about it and how much it will cost. Like any business, people smuggling relies on word of mouth, a shopfront or digital location on the internet, and advertising. As I will set out, in this context advertising is done not through an advert in the local paper but by posting a video and photos online.

Nationalities who use the channel crossing routes are from an astonishing array of countries—from Eritrea and Vietnam to Iraq and Iran—but they all end up arriving on boats that leave from France. Since May 2022, there has been a massive increase in the number of Albanians crossing the channel in small boats. From May to September this year, Albanian nationals comprised 42% of small boat crossings, with more than 11,000 Albanians arriving by small boats, compared with 815 the entire previous year. It is little wonder that it is easy to find criminal gangs posting in Albanian on TikTok with videos showing cheery migrants with thumbs up scooting across the channel on dinghies and motoring into Britain with ease. Those videos have comments, which have been roughly translated as:

“At 8 o’clock the next departure, hurry to catch the road”;

“They passed again today! Get in touch today”;

“Get on the road today, serious escape within a day, not…a month in the forest like most”;

“The trips continue, contact us, we are the best and the fastest”;

and

“Every month, safe passage, hurry up”.

However, far from being safe, the small boat crossings are harmful, dangerous and connected with serious crime here in the UK, including modern slavery, the drugs trade and people trafficking.

With regard to the journey, there have been a number of deaths at sea. The Minister for Immigration recently stated that many people in processing centres

“present with severe burns that they have received through the combination of salty water and diesel fuel in the dinghies.”—[Official Report, 28 November 2022; Vol. 723, c. 683.]

That, of course, underlines why prevention, detection and interception of illegal entry is so important on our sea border. It also speaks to the harm and prevention of harm that my new clause seeks to address: to identify and disrupt the ability of those gangs to post on social media and put up photographs, thereby attracting new business, and communicate in relation to their illegal activity.

The National Crime Agency has identified links with the criminal drugs trade, modern slavery and other serious and violent crime. That is because illegal immigration and modern slavery offences do not just happen abroad. A criminal enterprise of this scale has a number of operators both here in the UK and abroad. That includes people here in the UK who pay for the transit of another. When they do, they do not generally have the good fortune of that other individual in mind. There are particular concerns about young people and unaccompanied children as well as people who find themselves in debt bondage in modern slavery.

That also includes people here in the UK who provide information, such as those TikTok videos, to a friend or contacts in a home country so that other people can make their own arrangements to travel. It includes people here in the UK who take photos of arrivals and post or message them to trigger success fees. Those fees are the evidence-based method of transacting in this illegal enterprise and are thought to be responsible for some of the most terrifying experiences of people making the crossing, including even a pregnant woman and others being forced into boats at gunpoint and knifepoint in poor weather when they did not want to go, and parents separated from their children at the water’s edge, with their children taken and threatened to coerce them into complying.

Last year, 27 people died in the channel in a single day, in the worst small boat incident to date. A newspaper report about those deaths contains comment about a young man who died whose name was Pirot. His friend said of the arrangements for the journey:

“Typically…the smugglers made deals with families at home. Sometimes they turned up at the camp in masks. The crossing costs about £3,000 per person, with cash demanded in full once their loved one had made it to Dover. One of the Iraqi Kurdish smugglers who arranged Pirot’s crossing has since deleted his Facebook page and WhatsApp account”.

TikTok, WhatsApp and Facebook have all been identified as platforms actively used by the people smugglers. Action is needed in the Bill’s remit to protect people from people smugglers and save lives in the channel. The new offence would ensure that people here in the UK who promote illegal immigration and modern slavery face a stronger deterrent and, for the first time, real criminal penalties for their misdeeds. It would make it harder for the people smugglers to sell their wares. It would help to protect people who would be exploited and put at risk by those criminal gangs. The risk to life and injury, the risk of modern slavery, and the risks of being swept into further crime, both abroad and here in the UK, are very real.

The new offence would be another in the toolbox to tackle illegal immigration and prevent modern slavery. I hope that when the Minister makes his remarks, he may consider further expansion of other provisions currently in the Bill but outside the scope of our discussions, such as the schedule 7 priority offences. New clause 55 would tackle the TikTok traffickers and help prevent people from risking their lives by taking these journeys across the English channel.

[Carla Lockhart (Upper Bann) (DUP)]

I welcome the fact that we are here today to discuss the Bill. It has been a long haul, and we were often dubious as to whether we would see it progressing. The Government have done the right thing by progressing it, because ultimately, as each day passes, harm is being caused by the lack of regulation and enforcement. While some concerns have been addressed, many have not. To that end, this must be not the end but the beginning of a legislative framework that is fit for purpose; one that is agile and keeps up with the speed at which technology changes. For me, probably the biggest challenge for the House and the Government is not how we start but how we end on these issues.

Like many Members, I am quite conflicted when it comes to legal but harmful content. I know that is a debate for another day, but I will make one short point. I am aware of the concerns about free speech. As someone of faith, I am cognisant of the outrageous recent statement from the Crown Prosecution Service that it is “no longer appropriate” to quote certain parts of the Bible in public. I would have serious concerns about similar diktats and censorship being imposed by social media platforms on what are perfectly legitimate texts, and beliefs based on those texts. Of course, that is just one example, but it is a good example of why, because of the ongoing warfare of some on certain beliefs and opinions, it would be unwise to bestow such policing powers on social media outlets.

When the Bill was first introduced, I made it very clear that it needed to be robust in its protection of children. In the time remaining, I wish to address some of the amendments that would strengthen the Bill in that regard, as well as the enforcement provisions.

New clause 16 is a very important amendment. None of us would wish to endure the pain of a child or loved one self-harming. Sadly, we have all been moved by the very personal accounts from victims’ families of the pain inflicted by self-harm. We cannot fathom what is in the mind of those who place such content on the internet. The right hon. Member for Haltemprice and Howden (Mr Davis) and those co-signing the new clause have produced a very considered and comprehensive text, dealing with all the issues in terms of intent, degree of harm and so on, so I fully endorse and welcome new clause 16.

Likewise, new clauses 45 and 46 would further strengthen the legislation by protecting children from the sharing of an intimate image without consent. Unfortunately, I have sat face to face—as I am sure many in this House have—with those who have been impacted by such cruel use of social media. The pain and humiliation it imposes on the victim is significant. It can cause scars that last a lifetime. While the content can be removed, the impact cannot be removed from the mind of the victim.

Finally, I make mention of new clause 53. Over recent months I have engaged with campaigners who champion the rights and welfare of those with epilepsy. Those with this condition need to be safe on the internet from the very specific and callous motivation of those who target them because of their condition. We make this change knowing that such legislative protection will increase online protection. Special mention must once again go to young Zach, who has been the star in making this change. What an amazing campaign, one that says to society that no matter how young or old you are, you can bring about change in this House.

This is a milestone Bill. I believe it brings great progress in offering protections from online harm. I believe it can be further strengthened in areas such as pornography. We only have to think that the British Board of Film Classification found that children are coming across pornography online as young as seven, with 51% of 11 to 13-year-olds having seen pornography at some point. That is damaging people’s mental health and their perception of what a healthy relationship should look and feel like. Ultimately, the Bill does not go far enough on that issue. It will be interesting to see how the other place deals with the Bill and makes changes to it. The day of the internet being the wild west, lawless for young and old, must end. I commend the Bill to the House.

--- Later in debate ---

[Paul Scully]

As I say, we are putting the Children’s Commissioner as a statutory consultee in the Bill. Ofcom will also have to have regard to all these other organisations, such as the 5Rights Foundation and the NSPCC, that are already there. It is in the legislation that Ofcom will have to have regard to those advocates, but we are not specifically suggesting that there should be a separate body duplicating that work. These organisations are already out there and Ofcom will have to reach out to them when coming up with its codes of practice.

We also heard from my hon. Friend the Member for Dover (Mrs Elphicke) about new clause 55. She spoke powerfully and I commend her for all the work she is doing to tackle the small boats problem, which is affecting so many people up and down this country. I will continue to work closely with her as the Bill continues its passage, ahead of its consideration in the Lords, to ensure that this legislation delivers the desired impact on the important issues of illegal immigration and modern slavery. The legislation will give our law enforcement agencies and the social media companies the powers and guidance they need to stop the promotion of organised criminal activity on social media. Clearly, we have to act.

My right hon. Friend the Member for Witham (Priti Patel), who brings to bear her experience as a former Home Secretary, spoke eloquently about the need to have joined-up government, to make sure that lots of bits of legislation and all Departments are working on this space. This is a really good example of joined-up government, where we have to join together.

[Mrs Elphicke]

Will the Minister confirm that, in line with the discussions that have been had, the Government will look to bring back amendments, should they be needed, in line with new clause 55 and perhaps schedule 7, as the Bill goes to the Lords or returns for further consideration in this House?

[Paul Scully]

All that I can confirm is that we will work with my hon. Friend and with colleagues in the Home Office to make sure that this legislation works in the way that she intends.

We share with my right hon. Friend the Member for Basingstoke (Dame Maria Miller) the concern about the abuse of deep fake images and the need to tackle the sharing of intimate images where the intent is wider than that covered by current offences. We have committed to bring forward Government amendments in the Lords to do just that, and I look forward to working with her to ensure that, again, we get that part of the legislation exactly right.

We also recognise the intent behind my right hon. Friend’s amendment to provide funding for victim support groups via the penalties paid by entities for failing to comply with the regulatory requirements. Victim and survivor support organisations play a critical role in providing support and tools to help people rebuild their lives. That is why the Government continue to make record investments in this area, increasing the funding for victim and witness support services to £192 million a year by 2024-25. We want to allow the victim support service to provide consistency for victims requiring support.