Drugs Policy

Norman Baker Excerpts

Tuesday 26th November 2013 Written Statements

[The Minister for Crime Prevention (Norman Baker)]

We have taken the opportunity of the G8 presidency to galvanise international partners and institutions to meet the global challenge presented by new psychoactive substances.

The G8 meetings have developed a consensus to share more information on the emergence of new substances, their impact on public health and the supply routes. The United Nations Office of Drugs and Crime has launched its global Early Warning Advisory to facilitate this exchange and the UK Government will continue to work with partners to ensure it is used effectively.

Secondly, the G8 member states agreed to work with the UN and the International Narcotics Control Board to develop mechanisms to facilitate more systematic engagement with source countries of new psychoactive substances. We identified a need to speak with one voice to source countries, creating a space for dialogue about substances of concern and pressing for domestic controls in source countries and law-enforcement co-operation.

Thirdly, the GB partners recognised the central importance of reducing the demand for new psychoactive substances. The UK shared its experience of targeted communications activity carried out over the summer and there was a consensus that G8 and UN channels should be used to continue to share expertise.

Fourthly, there was clear support for the reinvigoration of existing international controls of new psychoactive substances via engagement with the United Nations Office on Drug and Crime and the World Health Organisation (WHO). The WHO has since initiated a consultation on re-energising the drug control process, proposing initiating risk assessments on a number of priority substances. We will continue to engage with G8 and UN partners to support a robust and timely framework for international controls which are fit for the challenges of the 21st century.

Fifthly, we initiated a discussion on enforcement best practice. We identified real challenges in terms of the paucity of the intelligence picture; diversity and pace of change within the market place; and the global nature of the market place and supply chain. Nonetheless, there was appetite for future information-sharing and collaboration through the G8 mechanism.

We will continue to work with G8 partners through the Russian presidency of the G8 in 2014.

I will keep the House informed of progress.

Psychoactive Substances

Norman Baker Excerpts

Monday 11th November 2013 Commons Chamber

[The Minister for Crime Prevention (Norman Baker)]

I beg to move,

That this House considers that the draft Regulation and draft Directive on the regulation of new psychoactive substances (European Union Documents No. 13857/13 and Addenda 1 and 2 and 13865/13 and Addenda 1 and 2) do not comply with the principle of subsidiarity, for the reasons set out in the annex to Chapter Eight of the Nineteenth Report of the European Scrutiny Committee (HC 83-xviii); and, in accordance with Article 6 of Protocol (No. 2) annexed to the EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.

I am pleased that this debate has been called to discuss whether the EU Commission’s proposals for regulating new psychoactive substances, commonly called legal highs, comply with the principle of subsidiarity. I am aware that the other place held its own debate on this issue earlier this evening, following evidence that I provided to one of its European Sub-Committees on 16 October. I also note the European Scrutiny Committee’s report on these proposals, and its questions for the Government. I will be writing to the Committee with detailed answers to those questions shortly.

I am aware of a dangerous perception held by some that since many new psychoactive substances are legal, they must be safe to consume. This is absolutely not the case, and while research on these substances is limited, the number of people who have ingested them and come to harm demonstrates that doing so is a risky, potentially life-threatening activity. There is also no guarantee that what is being sold is legal—evidence has shown that around 19% of products sold as legal highs on the internet actually contain controlled drugs.

The proposals involve a draft regulation and a draft directive, which together seek to enhance the EU’s ability to respond to the threat posed by these substances. We believe the regulation would require all member states to adopt the same level of control for a substance that is causing concern at the EU level, within a tiered framework of low, moderate and severe risk. While a framework for EU-level risk assessment and control of new psychoactive substances currently exists, member states can adopt stronger or weaker controls if they believe this to be appropriate. The directive would expand the definition of what the EU considers an illicit drug to include new psychoactive substances classed as severe risk under the new regulation.

In recent years, the growing role of these substances in the recreational drug market has presented policymakers and legislators across the world with significant challenges. They are generally synthetic drugs, designed to mimic the effects of drugs listed under the UN conventions and intended to fall outside the law. They are unlikely to have ever been tested on humans, and thus their short and long-term effects are largely unknown. However, the hospitalisations and deaths that have occurred due to the ingestion of some of these substances makes this a problem that Governments across the world cannot ignore, and we certainly do not do so.

The UK has played a leading role in tackling this threat. Our temporary drug control orders allow substances causing concern to be banned in a matter of weeks. Our forensic early warning system provides the latest intelligence on what substances are available in the UK, and our use of generic definitions under the Misuse of Drugs Act 1971 allows us to ban entire families of substances. These and other measures have enabled us to ban the majority of such substances seen in the EU and since 2010 we have banned in excess of 200.

The UK has also provided international leadership in this field. We have sponsored an international early warning system and a platform for sharing data on this threat via the United Nations Office on Drugs and Crime, as well as sponsoring two resolutions at the UN on the identification and reporting of new drugs.

Any EU-level action is required to comply with the principle of subsidiarity, meaning that decisions should be taken as close to EU citizens as possible. Article 5 of the treaty of the European Union states that, in areas where it does not have exclusive competence, the EU should only act if two conditions are met: first, where the objectives cannot be achieved by member states, and secondly, where EU-level action can add value by meeting the objectives more effectively. This Government does not believe, and I do not believe, that the EU proposals meet these conditions. In our view, the measures do not comply with the principle of subsidiarity.

To explain why, it is necessary to consider the legal base for the draft regulation. The Commission cites an internal market legal base, on the premise that there is a substantial licit—legal—trade in new psychoactive substances which requires a harmonised regulatory approach. The Government does not accept this premise, as our experience has overwhelmingly been that these substances are sold for recreational purposes and are closely tied to the illegal drugs trade, with only a small handful having legitimate use in industry. We believe, therefore, that the regulation should cite a justice and home affairs legal base, reflecting the illicit nature of the trade.

I know that the issue of Europe can excite Members across the House, but I stress that the position I am setting out is influenced not by whether one is crudely pro-EU or anti-EU, but by an objective assessment of EU law as it stands.

[Jim Shannon (Strangford) (DUP)]

What concerns Members across the House, apart from the question of Europe, are the deaths of young people, which have risen from 29 to 52 in England and Wales over the past year. What the Minister is taking about is exactly what we want to see: stronger action from Europe to support what the Government are doing.

[Norman Baker]

We certainly want stronger action from Europe on, for example, co-operation between member states on information, but my view is that this serious problem is best dealt with at member state level, rather than by waiting for the EU. The system we have in place at the moment allows us to take action more quickly than the proposals the EU is putting forward would allow us to do, so the hon. Gentleman’s point is met by the present system in the UK—I am not saying that it is perfect, because we want to improve it—rather than the EU system, which is defective in comparison.

[Mr John Redwood (Wokingham) (Con)]

What is the prognosis, assuming that the House agrees with the Minister’s sensible view tonight, for getting the EU to drop this interference and let us do what we want?

[Norman Baker]

It would be helpful if this House passed a reasoned opinion, and there was certainly support in the other place in a debate earlier this evening. I know that other member states have similar views, whether or not they are in favour of the Commission’s proposals, on the justification for this particular legal base. I am hopeful that good sense will emerge as a consequence.

[Mr Andrew Tyrie (Chichester) (Con)]

Can the Minister say when in the past we have succeeded in winning an argument of this type on the basis of the subsidiarity case?

[Norman Baker]

I am not an expert on the history of EU legislation, fortunately, but this case seems to me to be somewhat blatant and rather clear-cut, so I am certainly hopeful that we will make progress on this occasion, not least because of the support from other member states.

[Steve Brine (Winchester) (Con)]

I thoroughly support what the Minister is saying. This is not only unwelcome interference in a member state’s affairs, but could be very dangerous. He knows of the case of a constituent of mine from Chandler’s Ford—I have raised it in questions recently—in which the Government were able to respond, although not as quickly as I would have liked. What is proposed here from an EU level is actually quite dangerous.

[Norman Baker]

So far there has not been great success with regard to the speed of activity from the European Union. The proposals it is putting forward would, in my view, be slower than the present UK proposals, so irrespective of the legal base, that is not a good message to send out to those who wish to deal with what are often quite dangerous substances.

[Mr William Cash (Stone) (Con)]

Would the Minister be kind enough to give way on a point of information, because I wish, through him, to answer the question from my hon. Friend the Member for Chichester (Mr Tyrie)? There have recently been a number of successful challenges in relation to reasoned opinions on subsidiarity, including on a European prosecutor’s office. We will continue in this House and in the European Scrutiny Committee to take the appropriate and necessary advice and get it right.

[Norman Baker]

I thank the hon. Gentleman for that information. Of course, his knowledge of European matters is second to none in this House—[Interruption.] I did not say whether or not I approved of it.

The proposed regulation has features that might be appropriate if harmonisation of a legitimate internal market was genuinely required, but when applied to the control of these substances by member states, the proposal greatly exceeds any action required at EU level and thus does not comply with the principle of subsidiarity. For those few psychoactive substances that have legitimate uses, which amount to fewer than 2% of the more than 300 substances identified by the European Monitoring Centre for Drugs and Drug Addiction since 2005, our framework is already flexible enough to place controls on those substances to restrict recreational use without hindering genuine use in industry.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Does the Minister believe that the European Commission’s impact assessment is mistaken? It states that member states would be able to apply national measures before the introduction of any EU-level measures and go further than what is foreseen by EU measures. It suggests that the UK would not be fettered. He clearly disagrees. Why?

[Norman Baker]

I do not think that is correct. Certainly, with regard to those substances classified as severe, with the top rank of measures, we would not be able to countermand the EU description applied to the substance unless the European Commission agreed to do so on application from the member state, so I do not think that is correct.

[John Mann (Bassetlaw) (Lab)]

I know that the Minister has his finger on the pulse when it comes to the use of drugs in this country. What percentage of legal highs that come into this country are ordered via the internet from other EU states?

[Norman Baker]

I am not sure whether I heard the question correctly, but the acquisition from the internet of legal highs is, fortunately, a minority activity at the moment, but we need to keep an eye on it. The majority of legal highs are sourced elsewhere.

[John Mann]

How does the Minister know that?

[Norman Baker]

The Government and law enforcement agencies have investigative resources, so we monitor these things very closely, which I hope is what the hon. Gentleman would expect us to do.

[Caroline Nokes (Romsey and Southampton North) (Con)]

One of the real problems with so-called legal highs is that they are available in shops on our high streets, so young people believe that they will not do them any harm. What action will the Government’s decision enable us to take to crack down on their sale on the high street?

[Norman Baker]

Law enforcement agencies take action against the sale of illegal substances. As I have said, some 19% of so-called legal highs contain controlled substances. Other steps are being taken through other legislation to deal with these matters and I assure my hon. Friend and others that the Government is looking actively at what other steps we can take to deal with this increasing problem.

Let me make some progress. On our reading of article 4 of the proposed regulation, member states would only be able to adopt their own measures—this is the point raised by the hon. Member for Barrow and Furness (John Woodcock)—in relation to substances that are not the subject of EU restrictions. Where the EU has acted, member states would not be free to impose their own standards. Given that the new regulation provides for a tiered scheme of restrictions, it is entirely possible that the EU may decide that a measure merits a moderate restriction, whereas our own scientific evidence and domestic concerns suggest that it should require a severe restriction, with the ensuing categorisation under domestic drug control legislation. The reverse, of course, equally applies. This scenario further demonstrates our belief that the proposals as they stand are incompatible with subsidiarity, as member states must have the flexibility to impose the appropriate level of controls as circumstances within their borders merit.

Given the experience since 2005, it is difficult to see how enhancing the EU’s prerogative in controlling these substances would meet the second condition of subsidiarity, namely that objectives can be better achieved at EU rather than member state level. Under the current risk assessment and control framework, only 13 risk assessments on such substances have been carried out by the EU since 2005, with nine substances subsequently coming under EU-wide control. Of these, the UK had already controlled eight, and we have since controlled the ninth as well. The control of just nine substances in eight years is woefully insufficient to keep pace with the fast-moving marketplace. Although the current proposals would involve an accelerated risk assessment and control process, that would still be a reactive model in which it would take time for sufficient evidence of harms to emerge to trigger a risk assessment.

Furthermore, the vast majority of these substances seen in Europe in recent years have already been classed as illegal drugs in the UK. With many other member states also being well ahead of the EU-level response to this threat, we simply do not accept that the Commission’s proposals would add any material value at all to the domestic approaches already being taken.

We also believe both the regulation and the directive to be Schengen-building measures, a view which is not to date accepted by the Commission. Although we will be arguing that these proposals build on areas of the Schengen agreement in which the UK participates—and thus is able to opt out of—that does not necessarily mean we would exercise that power. The proposals as they currently stand, and as they develop through negotiation, will be judged on their merits, with the primary considerations being the subsidiarity and proportionality of the measures.

Having said all that, I readily acknowledge that we have benefited greatly from the EU-level monitoring and identification systems put in place for these substances, and support strongly a role for the EU in facilitating the sharing of information and best practice in responding to developments. Indeed, I suggest that an enhanced role for information exchange is where the true value of EU action lies. However, we do not believe that the current proposals for common standards in relation to controls on new psychoactive substances are consistent with the principle of subsidiarity, as sanctions in this area are best determined by member states responding flexibly to national circumstances. It is for that reason that I commend this motion to the House.

[Diana Johnson (Kingston upon Hull North) (Lab)]

I welcome the Minister to his post. The Opposition were particularly pleased about his appointment to the Home Office. I thank him for his explanation of the Government’s position on this proposal.

The European Commission’s proposals are technical but important. We should be thankful for the work undertaken by members of the European Scrutiny Committee to assist our deliberations. As the Minister explained, the measures are an attempt to take an EU-wide approach to the problem of legal highs. No one in this House should underestimate the scale of the problem. The UN estimates that the UK has the largest legal highs market in the world. It is estimated that 670,000 young Britons aged 16 to 24 have taken legal highs.

Many of the figures on the scale of the problem already come from the EU through the European Monitoring Centre for Drugs and Drug Addiction. That agency found 73 new synthetic drugs in 2012, which is up from 49 in 2011. The rate of proliferation is increasing. At times this year, about two new substances have been arriving in the UK market every week. Hundreds have been catalogued in the marketplace. There are more than 500 internet shops that supply the substances to the UK market. There are also an unknown but increasing number of head shops on the high street.

It is therefore clear that there is some truth in the Commission’s assessment that member states have not been able effectively to respond to the threat posed by legal highs and that collective action is needed. The Commission is perhaps being unfair on several other member states that have taken action. Countries such as Ireland have been more proactive in responding to the rapid proliferation of the new drugs. The UK Government have been singularly ineffective in tackling this problem. That is why the UK market is now the largest in Europe.

[Norman Baker]

I just want to put the record straight. The hon. Lady mentioned that there were 49 new drugs in 2011. Only 17 of those crossed the channel to the UK and 14 of them were already controlled by the UK Government. Of the 73 in 2012, only 18 have been seen in the UK and eight had already been controlled.

[Diana Johnson]

I will come on to the discrepancies between the Home Office figures and the figures of other bodies. The Home Office does not have access to the figures on all the new legal highs that are available on the internet and in head shops.

I want to return to the EU proposal to introduce a cross-European response. The Commission proposes to strengthen the existing monitoring centre, the EMCDDA, to enable it to undertake assessments of new substances and determine how dangerous they are. That determination will inform a classification that is decided on by the Commission with some input from member states.

The Commission wants to address two problems through the proposals. The first and, going by the Commission’s documents, possibly the foremost, is the impediment to the legitimate trade in new psychoactive substances caused by restrictions imposed by individual member states. Secondly, the Commission recognises the public health need. From the drafting of the proposals, it could be construed that the Commission is giving that secondary status.

I agree with the evidence of the Minister for Immigration to the European Scrutiny Committee in which he said that it was not entirely clear what “mischief” the Commission was attempting to tackle. In the regulations, free trade appears to be afforded equal status to prevention of harm. The Opposition share the Government’s surprise that the regulation is justified under the legal auspices of protecting free trade, rather than article 5 concerns relating to justice and home affairs. That focus is surprising given that even the Commission recognises that only a small, unquantifiable percentage of new psychoactive substances have a legitimate use.

The European Scrutiny Committee states that the

“trade in new psychoactive substances for legitimate purposes is difficult to quantify”.

I agree with its conclusion:

“Given that uncertainty, as well as the known risks associated with their recreational use, we do not consider that new psychoactive substances should necessarily be treated in the same way as other tradable commodities… Divergent national rules cited by the Commission as an obstacle to legitimate trade, in our view, often reflect differing cultural and societal attitudes towards the regulation of drugs”.

Although the Opposition have some reservations about the Commission’s motivations, we are willing to engage in addressing the health harms posed by legal highs. We also give the Commission some credit for recognising that harm.

Reading the Commission’s proposal, however, it is not clear how it would determine harm. Article 7 lays out the procedure for risk assessment connected with the substance, and article 10 states the conditions for the determination of levels of health, social and safety risks, following the risk assessment. Article 9 deals with urgent public health requirements, while articles 11, 12 and 13 lay out three levels of control, depending on the level of risk identified. It is important to note for article 11 and substances deemed a low risk that that would mean no restrictions at all.

That does not give an entirely satisfactory account of how the EMCDDA would determine the level of harm associated with each drug. The articles I have mentioned lay out a process, but it is not entirely clear that the EMCDDA will have the evidence available to make classifications that correspond to the level of harm outlined. EMCDDA assessments would not extend to clinical trials, and it is therefore not clear how it would be in a position to rule out addictiveness, long-term psychological harm, or the effect of combining the drugs with alcohol.

It is important to remember that most deaths associated with legal highs come about accidentally, and I am not convinced that the Commission’s proposals adequately explain how the EMCDDA would account for such dangers. Perhaps the Minister will set out the Government’s position on that point, and say what representations the UK Government have made to the Commission. It is also not clear how such proposals will impact on the UK’s capacity to determine our own classification system—a point raised by my hon. Friend the Member for Barrow and Furness (John Woodcock).

--- Later in debate ---

[Norman Baker]

I thank the shadow Minister, the hon. Member for Kingston upon Hull North (Diana Johnson), for welcoming me to the Front Bench on this matter, and I agree that the key issue is that the EU basis, suggesting there is an impediment to legitimate trade, is completely wrong. That is why the EU proposals are unacceptable.

The early-warning system does work. In fact, I referred AMT to it only a week or so ago, when my hon. Friend the Member for Winchester (Steve Brine) prompted me to do so. The early-warning system is also activated in terms of Exodus Damnation, so that we can see what can be done about that. What we have done successfully in this country is ban families of substances, and even substances that do not exist, in anticipation of what might come next.

[Mr Julian Brazier (Canterbury) (Con)]

I strongly support the Minister’s stance against Europe on this issue and thank him for his detailed letter on the point that he has just made. As two of my constituents have died from legal highs, however, may I urge him to be open to testimony from the police that the generic ban to which he refers is not yet covering everything that it needs to cover?

--- Later in debate ---

[Norman Baker]

It is certainly true that new substances appear all the time, and how we deal with that presents a real challenge. I am looking at that, and it is a very high priority for the Home Office.

I can assure the hon. Member for Kingston upon Hull North that the Government recognises the need for EU-wide co-operation. We strongly support that and recognise its value in tackling this menace. She need have no worries on that front.

The hon. Lady talked about the numbers and asked for clarification about what the EU had said, as opposed to what the UK had said. Only 74 out of 270 substances identified by the EMCDDA have been found in this country—only 27%. That may account for the different figures. She asked whether it can make an adequate assessment. The answer in my view is no, which I think is her answer as well. That is one of the points that we will make in our discussions with the EU. Negotiations are at an early stage, but we will raise the points made both by the Committee and in the House tonight.

I can assure the hon. Member for Bassetlaw (John Mann) that it is not galling for me to diss the EU, as he put it. I have always believed in subsidiarity. I believe that decisions should be taken at the lowest possible level. This is an appropriate decision for the member states to take, not the EU. It is as simple as that.

We have a very good way of approaching these matters that works. It is not true to say that we are not seeking to ban substances to reduce police activity. We have banned 200 such substances in recent times, compared with just the nine banned by the EU in eight years. So we have been very active in banning substances in this country. The hon. Gentleman talks about cuts in the police, but he might reflect on the fact that crime is down by 10% under this Government since 2010, so that was also a nonsensical point to make in justifying his case. I agree with him, however, that people sometimes take legal highs instead of alcohol. That is a matter that we are dealing with, which is why we have banned 200 substances, or thereabouts, in recent times. Finally, I welcome his contribution about psychoactive substances, caterpillars, snails and lettuces. With that, I ask the House to support the motion.

Question put and agreed to.

Resolved,

That this House considers that the draft Regulation and draft Directive on the regulation of new psychoactive substances (European Union Documents No. 13857/13 and Addenda 1 and 2 and 13865/13 and Addenda 1 and 2) do not comply with the principle of subsidiarity, for the reasons set out in the annex to Chapter Eight of the Nineteenth Report of the European Scrutiny Committee (HC 83-xviii); and, in accordance with Article 6 of Protocol (No. 2) annexed to the EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.

Forensic Science Regulator

Norman Baker Excerpts

Friday 8th November 2013 Written Statements

[The Minister for Crime Prevention (Norman Baker)]

A consultation on strengthening the powers of the forensic science regulator has been launched today.

The regulator’s role is to set the quality standards expected of organisations providing forensic science services to the criminal justice system. These standards help ensure the accuracy and impartiality of forensic evidence used in police investigations and in court, protecting the innocent from wrongful convictions and ensuring criminals are brought to justice. To date, the regulator has been successful in securing uptake of these standards on a voluntary basis.

However, our discussions with the police, commercial forensic service providers and the regulator, taken alongside market developments and changes in legislation, have indicated there is a risk that voluntary quality standards might not, in the future, provide the high level of assurance required for forensic evidence. For that reason we now propose introducing stronger powers, including putting the regulator’s codes of practice, which set out the quality standards for forensic science providers, on a statutory basis. It would then be mandatory for every organisation carrying out forensic analysis for the criminal justice system, including commercial providers to the police and to defendants, and the police themselves, to meet these standards. There has been support from the regulator, many commercial providers and the Science and Technology Select Committee for these proposals. This consultation is an opportunity to seek wider views, before determining the most effective and proportionate regulation system for forensic science.

A copy of this consultation will be placed in the House Library and it will also available on the Home Office website: www.gov.uk.

The Government’s response to the Science and Technology Select Committee report on forensic science is also being published today 8 November. Copies will be available in the Vote Office.

Family Annihilation

Norman Baker Excerpts

Wednesday 6th November 2013 Westminster Hall

[The Minister for Crime Prevention (Norman Baker)]

I thank my hon. Friend the Member for Cardiff North (Jonathan Evans) for the opportunity to debate this important issue and for the lucid and measured way in which he presented his case. Family annihilation, or domestic homicide as it is more commonly known in this country, is a diabolical crime and one that the coalition Government is committed to tackling.

Fatal domestic abuse is all the more shocking in cases involving children. As my hon. Friend said, family annihilation has no established definition but is a term that is often used to describe the tragic circumstances in which a parent kills their children, and sometimes their partner, often before seeking to take their own life. As he said, such cases are rare in this country—the Home Office homicide index suggests that around six incidents of a parent killing one or more children and a current or former partner were recorded in 2011-12—but they are all the more appalling to us when they occur.

Child protection is a priority for the Government, and we are committed to ensuring that we have the best possible arrangements in place to protect children and families from harm. Only last week, I spoke to the House about my concerns regarding the circumstances of the deaths of Rachael Slack and her young son, Auden—to which case my hon. Friend referred—at the hands of Rachael’s mentally ill former partner. I outlined the steps that are being taken to review the apparent police failings in that case.

My hon. Friend rightly drew our attention to the tragic deaths, also in 2010, of Ben and Patricia Philpotts at the hands of Ben’s father, Harold. I am aware that a serious case review of the circumstances surrounding Ben’s death was published in August 2010 and that, sadly, it concluded that lack of communication between local agencies contributed to the risk that he and his mother faced. Action is being taken to address that failing, as I will set out later.

Closer to home, my hon. Friend is no doubt aware of the appalling incident in Cwmbran in September 2012, in which Carl Mills set fire to the house where his partner, Kayleigh Buckley, was staying with their six-month-old daughter, Kimberley, and her mother, Kim, resulting in the deaths of three generations of one family. I understand that a local review of that case is ongoing and that, in due course, it will be quality assured by a Home Office-chaired panel. The Government takes such cases extremely seriously. We must ensure that lessons are learned to deliver justice for those who have lost their lives. We must also do more than that; we must ensure that lessons are acted upon.

I am aware, as my hon. Friend is, of the recent study by Professor David Wilson and Dr Elizabeth Yardley of Birmingham City university regarding the behavioural patterns of male so-called family annihilators. I thank the authors for their attempt to bring new learning to such a difficult area, with a sensitive and well written report. However, I do not agree that domestic homicide is on the rise. Official statistics from the homicide index show that the domestic homicide rate has remained stubbornly static over the past decade at around two a week.

My key focus is to ensure that we do everything that we can to support local agencies to reduce the occurrence of such tragic events. To help to achieve that, the coalition Government has instigated a new process, so that every local report on a domestic homicide is reviewed and quality assured by a panel of independent and Home Office experts. I understand that such a review is ongoing in the case of Kayleigh, Kim and Kimberley Buckley. Each review results in a tailored action plan that must be delivered by the area in question to ensure that we learn from individual tragedies. The Home Office will shortly issue a document collating the lessons learned from those reviews into a national action plan. I hope that that meets some of my hon. Friend’s concerns.

On child protection services, following the publication of Professor Eileen Munro’s review, the Government has published a new version of “Working Together to Safeguard Children”, which provides statutory guidance for all professionals who work to protect children. The new guidance is less bureaucratic and puts more trust in front-line skilled professionals. The guidance clarifies the core legal requirements, by making it much clearer what individuals and organisations should do to keep children safe and to promote their welfare. The guidance provides a national framework within which local agencies and professionals draw up and agree their own ways to work together to safeguard and promote the welfare of children.

The Government has also made a series of reforms to the police’s handling of domestic violence and child abuse. All police forces have measures in place to ensure that officers have the knowledge and skills to deal effectively with cases of child abuse and domestic violence. Specific training on domestic violence and abuse is included in the national police training curriculum. That training was updated this year to take account of the Government’s introduction of a new definition of domestic abuse. The new definition helps to prevent the escalation of abuse that may end in tragedy—the right hon. Member for Oxford East (Mr Smith) referred to this—by dispelling the belief that domestic abuse begins and ends with violence. It places coercive control at the centre of determining whether abuse is taking place.

The police play an important part in local child safeguarding arrangements and have a statutory responsibility to safeguard and promote the welfare of children and to investigate child abuse and other crimes committed against children. The police have a legal duty of care. As well as their duty to investigate criminal offences, they have emergency powers to enter premises and to provide immediate protection for children who are believed to be at risk of significant harm. Nationally, we are working to ensure that local police and children’s services are best placed to respond to allegations of child abuse, and our existing arrangements have been further strengthened with the Child Exploitation and Online Protection Centre becoming a core part of the National Crime Agency.

The Government has ring-fenced nearly £40 million for specialist local domestic and sexual violence support services. Facilities funded with this money include 144 independent domestic violence advisers, who help victims of domestic violence to have their voices heard, and 54 multi-agency risk assessment co-ordinators to protect the interests of those who are most at risk, by bringing all agencies together to promote information sharing and to drive up a joined-up local response to supporting victims.

[Mr Andrew Smith]

In the various welcome collaborative initiatives that the Minister has mentioned, will the point made by the hon. Member for Cardiff North (Jonathan Evans) about mental health professionals having knowledge of the potential risk to others in the community be addressed?

[Norman Baker]

Yes. I addressed the mental health issue in part during an Adjournment debate last week, but I have asked my office to investigate further the Information Commissioner’s ruling, which is what I believe the right hon. Gentleman is referring to, and rightly so. It is an important point.

Up to 60% of abuse victims report no further violence following intervention by independent advisers, so clearly they are working effectively to some degree.

National funding operates in tandem with local initiatives. Local safeguarding children’s boards bring together local authorities, health organisations, the police and others to co-ordinate member agencies in protecting and promoting children’s welfare. I am sure that my hon. Friend the Member for Cardiff North will join me in endorsing the Cardiff Health Alliance’s multi-agency approach to supporting victims of domestic and sexual abuse and integrating child protection and domestic abuse training to ensure a joined-up local approach. It is vital that all local authorities remember the importance of such initiatives when making difficult decisions about spending in coming months.

We must do more nationally to reach out to those caught in a cycle of abuse, which is why the Home Office has piloted two initiatives to empower victims and to stop domestic abuse in its tracks. The first of these is the domestic violence disclosure scheme, known popularly as Clare’s law, which offers the opportunity for anyone to seek disclosure of a partner’s violent past. Those who have the legal right to know are provided with information that could save lives, which empowers them to make an informed choice about their future.

Our second pilot scheme creates a new process to protect victims in the immediate aftermath of domestic abuse. Domestic violence protection orders have the power to prevent a perpetrator of domestic abuse from having contact with the victim for up to 28 days. That offers both the victim and the perpetrator the chance to reflect on the incident. It provides the victim with an opportunity to determine the best course of action to end a cycle of abuse and sometimes stops the unsatisfactory requirement for them having to leave the house for their own safety. We are carrying out an evaluation of both of pilots, and we expect to be able to announce plans for their future this year.

The Home Office has funded a project to improve the understanding of the different local multi-agency models in place to support the sharing of information about safeguarding responses for children and vulnerable people. The project recognises that many areas are considering new and different ways to deliver services and aims to develop a national picture of what models are already in place—for example, multi-agency safeguarding hubs and co-located assessment or specialist teams.

The project will increase our collective understanding of what is happening and provide a practical exchange of learning and experience to local areas that are looking to develop their multi-agency working and information-sharing arrangements. Early findings from the project were released in July, as part of accelerated action from the Government’s new national group to tackle sexual violence against children and vulnerable people. The report provides information to help local areas that want to put in place more effective local multi-agency approaches and responses. The Government are now developing a further package of support to ensure the early identification of children and families who are at risk and to ensure that agencies are best placed to prevent abuse from happening.

I turn to the four specific points that my hon. Friend made. On risk assessment, I hope that he has been reassured to hear about the work that has taken place since the tragic events of 2010 to establish multi-agency risk assessment conferences and, more recently, wider work to promote multi-agency safeguarding models, such as multi-agency safeguarding hubs, which draw together local agencies to protect those who are at highest risk. I agree that, although patient confidentiality is important, it cannot be allowed to stand in the way of saving lives. The right hon. Member for Oxford East rightly made that point. I am happy to reassure him that the national group to tackle sexual violence against children and vulnerable people, which I lead, has identified the sharing of information as a critical issue and is working on advice to dispel myths that prevent the effective sharing of information.

My hon. Friend asked a valuable question about the recording of statistics. I am happy to reassure him that the Home Office homicide index retains detailed information about domestic cases. He made the point that, in considering the level of data captured, we must consider whether the additional detail justifies the resources needed to obtain them. That is a balance to be judged.

On post-homicide reviews, I understand my hon. Friend’s concern about the limitations of coroner’s inquests, but I am sure he will be reassured to hear that coroners are under a legal duty to refer cases involving the death of children to the local children’s safeguarding board in a process that triggers a serious case review, as happened in the Philpott case.

I am sure that my hon. Friend will be pleased about the Government’s initiation of the domestic homicide review process. I agree that we must be joined-up in addressing domestic violence, which is why, for example, I undertook in the House last week to raise our approach to mental health in domestic violence cases with the Department of Health at the next inter-ministerial group on violence against women and girls, which I will attend and which will be chaired by the Home Secretary.

My hon. Friend referred to the importance of gun control in the context of domestic abuse. I am happy to tell him that, as part of the revised guide on firearms licensing law, we have introduced new, detailed guidance on firearms and domestic violence for the police that makes it clear that evidence of domestic violence will generally indicate that a person should not be permitted to possess a gun.

So-called family annihilation seems to transgress the fundamental natural instinct to protect that we expect a parent to feel for a child. Understandably, these cases cause shock and outrage, but we must appreciate the complexity of the circumstances that may contribute to such tragic outcomes, and continue to co-ordinate a joined-up approach to tackling child abuse and domestic and sexual violence to protect those who are most at risk. Through our violence against women and girls action plan and the national group to tackle sexual violence against children and vulnerable people, which I now lead, the Government has made significant strides towards a better reality for the victims of child and domestic abuse. However, we recognise that there is still much to do.

Only last week, I raised my concerns about domestic abuse at a meeting of all chief constables, and in the coming weeks I will meet representatives of third-sector groups and the Director of Public Prosecutions. I look forward to discussing our plans with them. It is vital that we protect those who are vulnerable to the worst crimes. I look forward to updating Parliament on our continued progress in tackling domestic violence and child abuse in the coming months.

Oral Answers to Questions

Norman Baker Excerpts

Thursday 31st October 2013 Commons Chamber

[The Minister for Crime Prevention (Norman Baker)]

The Home Office has chaired a meeting with the Director of Public Prosecutions and national policing leads to consider the fall-off in police referrals and prosecutions. That has led to a six-point plan to support successful outcomes for victims of rape and sexual violence.

[Fiona Mactaggart]

The number of women reporting rapes has increased by 4,000, but the percentage of such cases being referred to the Crown Prosecution Service has continued to fall from 50% when Labour was in government to about 30%. The Minister says that he has a six-point plan and the Secretary of State told me on Monday that there had been round-table meetings, but when will we see action for women, or will we continue to see cuts in services for victims of rape and domestic violence?

[Norman Baker]

We all take this issue very seriously in government. I am concerned about the fall in referrals and I think part of that is due to engagement between the police and the CPS, because the fall-off in referrals has not been matched to the same degree by a fall-off in convictions. This is nevertheless an important matter. I am taking a personal interest in it and I am also talking about it to all the chief constables, who are coming into the Home Office this afternoon.

[Mr Philip Hollobone (Kettering) (Con)]

What percentage of convicted rapists serve their time in prison in full before they are released?

[Norman Baker]

I cannot give a specific answer, but we obviously do not release anyone who is a danger to the public. That remains our position.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

According to freedom of information requests compiled by Labour, there has been a 33.5% drop in the number of rape cases referred to the CPS for prosecution since 2010. That figure was rising under the previous Government. Given that police budgets have been cut by 20% over the same period, does the Minister accept that the hollowing out of police services has led to more perpetrators of rape and sexual violence getting away with it? What is he going to do about that disgraceful situation, which will inevitably lead to more perpetrators committing rapes, as they feel emboldened to do so with impunity?

[Norman Baker]

I welcome the hon. Lady to the Front Bench, as I understand that this is her first outing.

I do not believe that the issue of funding for the police is in any way connected with this matter, because otherwise—[Interruption.] Otherwise, we would have seen a drop in the number of investigations of murder, homicide or complex fraud, and we are not seeing that. Other factors are at play, I think, including the number of historic allegations that are quite rightly coming forward and the fact that there is more encouragement of people to come forward—[Interruption.] I know that this is the hon. Lady’s first outing, but if she let me answer the question rather than chuntering it would be helpful. This is a serious issue and I want to try to address it properly.

We are taking action on this matter. The figures from the Office for National Statistics show a 9% increase in the number of sexual offences being reported and a 9% increase in the number of rapes recorded by the police in the year to June 2013 compared with the previous year. The number of convictions has changed only marginally from earlier years, because prosecution cases that will not be successful are weeded out at an earlier stage. I have already said that we are concerned about this matter. I want to look into the precise reason referrals have gone down, and it is my intention to ensure that we get as many successful prosecutions as possible.

[Mr Speaker]

Order. We all enjoy hearing the Minister, but on the whole the abridged rather than the “War and Peace” version is to be preferred, so we will leave it there.

--- Later in debate ---

[The Minister for Crime Prevention (Norman Baker)]

With permission, Mr Speaker, I will answer Questions 3 and 4 together.

[Mr Speaker]

I fear that the Minister cannot, because Question 4 has been withdrawn. He can confine himself to Question 3, which should facilitate a shorter answer, for which we are grateful.

[Norman Baker]

The answer is the same either way, Mr Speaker.

The coalition Government’s action plan to end violence against women and girls sets out a number of commitments to raise awareness and prevent violence against women and girls. We have extended the definition of domestic abuse to include 16 and 17-year-olds, and our national campaigns on teenage rape and relationship abuse challenge the attitudes underpinning violence against girls.

[Stella Creasy]

With research telling us that one in three young girls in this country report experiencing sexual harassment in school, why did every single Member on the Government Front Bench vote against making sex and relationships education compulsory for both boys and girls in all schools in Britain?

[Norman Baker]

May I first congratulate the hon. Lady on her involvement in the banknote campaign and say how sorry I was to hear about the abuse she received as a consequence?

The governing bodies of all maintained schools must have an up-to-date sex and relationships education policy. The guidance makes it clear that all young people should understand how to avoid exploitation and abuse and how the law applies to relationships. In addition, we have two hard-hitting campaigns, on teenage relationship abuse and teenage rape prevention, which have been very successful, as the number of website hits shows.

[Robert Halfon (Harlow) (Con)]

Essex has one of the highest incidences of domestic violence in the country, and two tragic murders have occurred in Harlow as a result of domestic violence. What help can the Government give to education and local charities to reduce domestic violence?

[Norman Baker]

I have already mentioned the websites we have introduced, which have had over 1 million hits since 2010. We are also taking clear action on online abuse and have published documents this year taking forward our strategy. I intend to make it a high priority during my time in office.

[Diana Johnson (Kingston upon Hull North) (Lab)]

Despite the commitment that the Prime Minister made in this House that police would be able to retain the DNA of individuals arrested but not charged with rape, we now know that over the summer the police have had to destroy the DNA records of thousands of suspected sex offenders before the appeals process is introduced at the beginning of next month. Has not that shocking incompetence by the Government put more women and girls at risk?

[Norman Baker]

I am not sure that I accept the version of events that has been given. The hon. Lady will of course understand, as will the whole House, that there is a balance to be struck between the unnecessary retention of DNA in terms of civil liberties and the need to prevent serious crime. Striking that balance is something that the Government are very keen to get right.

[Philip Davies (Shipley) (Con)]

Is it the Government’s view that taking steps to increase awareness of and prevent violence against women and girls is more important than increasing awareness of and preventing violence against men and boys, or is it the Government’s view that it is equally important to increase awareness of and prevent violence against all of them?

[Norman Baker]

I certainly agree that it is important to act on violence against any individual. Of course, it is predominantly against women and girls and vulnerable adults, and they must come first in our consideration, but it is also true that the £40 million recently allocated to deal with these matters includes a strand to deal with violence against men and boys.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

5. What steps she is taking to support senior women in business.

Rachael and Auden Slack

Norman Baker Excerpts

Wednesday 30th October 2013 Commons Chamber

[The Minister for Crime Prevention (Norman Baker)]

It is the convention on these occasions to congratulate the hon. Member who secured the debate. I am not sure that “congratulate” is quite the right word in this case, but my hon. Friend the Member for Amber Valley (Nigel Mills) has been absolutely right to raise this matter. I welcome his contribution and the contributions of other hon. Members.

I want to begin by offering my condolences to the family of Rachael Slack and her son Auden, and commend them for the courage and dignity they have shown at this difficult time. Domestic violence is an abhorrent crime, and one that the Government is committed to tackling with determination. This is a high priority for both me and the Home Secretary.

The circumstances of Rachael and Auden’s deaths are tragic, and were eloquently outlined by my hon. Friend. The sad loss of such individuals is doubly distressing, because it is now clear from the coroner’s findings that their deaths could have been prevented. Such a case deserves our attention and we must ensure that lessons are learned, but we must do more than that: we must ensure that those lessons are acted on. I have noted with concern the findings of the coroner in this case, Richard Hunter, which were released on 22 October. I understand that he will be writing to the Home Secretary in due course. I would like to thank him for his thoroughness and diligence in such a difficult case.

I was concerned to read that police failings “more than minimally” contributed to Rachael and Auden’s deaths. I have the utmost respect for the police and the vital work they do with professionalism and integrity day in, day out. However, it is alarming that in this case officers appear to have assessed Rachael as being in danger and yet failed to pass that message on to her—the one person who really needed to know. The Independent Police Complaints Commission is currently assessing all the evidence in this case following the inquest. It will then make a decision on the next steps. This case follows other reports from the IPCC that have flagged up police failings, such as the cases of Maria Stubbings, Clare Wood and Susan McGoldrick. I would like to reassure Parliament that I take such cases extremely seriously; such failings cannot be allowed to happen again.

Since Rachael and Auden’s deaths in 2010, the Government have supported a series of reforms to the handling of domestic violence by the police. All police forces have measures in place to ensure officers have the knowledge and skills to deal effectively with cases of domestic violence. Specific training on domestic violence and abuse is included in the national police training curriculum. This training was updated this year to take account of the Government’s introduction of a new definition of domestic abuse. The new definition helps to prevent the escalation of abuse, which can end in tragedy, by dispelling the belief that domestic abuse begins and ends with violence. It places coercive control at the centre of determining whether abuse is taking place.

Perhaps most significantly, since April 2011 the Government has placed homicide reviews on a statutory footing. Now every local report into a domestic homicide is reviewed and quality assured by a panel of independent and Home Office experts. A community safety partnership in Derbyshire is among those to have completed a domestic homicide review that has been quality assured by the independent panel. Each review has resulted in a tailored action plan that must be delivered by the area in question to make sure we learn from these individual tragedies. I am also happy to confirm that the Home Office will be issuing a document collating the lessons learned from these reviews into a national action plan.

My hon. Friend asked about specialist teams. Of course, that is a matter for each individual police force to decide, but it is important—indeed essential—that police who attend domestic violence cases have the right training. The Home Office is working closely with the College of Policing to ensure that this occurs. The Home Secretary has also announced a force-wide review by Her Majesty’s inspectorate of constabulary into how the police deal with domestic violence.

My hon. Friend also mentioned mental health, as did the hon. Member for Wigan (Lisa Nandy). The Home Secretary chairs an inter-ministerial group on violence against women and girls, on which I also sit, and I will raise this matter with the Department of Health to ensure we address any gaps in the system, including information sharing and risk assessment. Members are absolutely right to expect this to be joined up across Departments, and joined up locally as well.

[Nigel Mills]

Does the Minister also agree that when assessing domestic violence cases, it is important to bear in mind the risk to the children as well? It is not always just a case of the woman or man; we need to look at the risk faced by the children, but in this case I am not sure that that was done as thoroughly as it ought to have been.

[Norman Baker]

We will see what the coroner writes to the Home Secretary, but my hon. Friend is absolutely right that in any situation of suspected domestic abuse, it is right that children’s services are engaged, if there are children present. Sometimes, if there is domestic abuse of a partner, there can also be domestic abuse against children. It does not always follow, but sometimes it does, and we ought to ensure that it is covered in any assessment.

This Government has ring-fenced nearly £40 million for specialist local domestic and sexual violence support services. Facilities funded with this money include 144 independent domestic violence advisers, who help victims of domestic violence get their voices heard, and 54 multi-agency risk assessment co-ordinators, who protect the interests of those such as Rachael who are most at risk. Up to 60% of abuse victims report no further violence following intervention by independent advisers.

This national funding operates in tandem with local initiatives, and I am sure my hon. Friend will join me in congratulating Derbyshire county council on the support it is now offering, which includes the Derbyshire domestic abuse helpline, to those at risk of domestic abuse. I encourage all local authorities to remember the importance of such initiatives when making difficult decisions about spending and delivering more for less.

But we can, should and will do more nationally to reach out to those caught in cycles of abuse. That is why the Home Office has piloted two new initiatives designed to empower victims and stop domestic abuse in its tracks. This comes to the point my hon. Friend made about what more can be done. The first of these pilots is named after another young victim, Clare Wood, who was tragically murdered by her former partner in Salford in 2009. Known as Clare’s law, the domestic violence disclosure scheme is a system where anyone can seek disclosure of a partner’s violent past. Those with the legal right to know are provided with information that could well save lives, empowering them to make an informed choice about their futures.

Our second pilot scheme creates a new process to protect victims in the immediate aftermath of domestic abuse. Domestic violence protection orders have the power to prevent a perpetrator of domestic abuse from having contact with the victim for up to 28 days. This offers both the victim and the perpetrator the chance to reflect on the incident. In the case of the victim, it provides an opportunity to determine the best course of action to end a cycle of abuse, as well as providing immediate relief and protection. We are currently carrying out an evaluation of both the pilots, and we expect to be able to announce plans for their future soon.

There is no room for complacency, however. It is because of cases such as Rachael’s that the Home Secretary has commissioned HMIC to review police handling of domestic violence and abuse. The inspection is under way and I look forward to receiving the findings, probably in April. We will review the recommendations with care, and ensure that they are acted on as we strive for further improvements in this area.

The crime figures for England and Wales show that the levels of domestic abuse experienced in the past year are lower than they were in 2004-05, and that the conviction rates for violence against women and girls are higher than before, but hon. Members have rightly expressed concern at the reduction in domestic violence referrals to the Crown Prosecution Service by the police at the end of last year. The Home Office has held a round-table with the Director of Public Prosecutions and national policing leads to understand the cause of this downward trend, and the Attorney-General has issued a six-point plan to address this. We will continue to work on delivering against that plan in the coming weeks.

[Lisa Nandy]

I appreciate that, as a Home Office Minister, the hon. Gentleman is focused on the important lessons of this tragic case for the police and the Home Office, but I really do not want us to lose sight of the fact that Mr Cairns had been extremely unwell over a number of years, and that concerns had been raised repeatedly by Rachael and by Mr Cairns’s wider family. I would be grateful if the Minister could pass on the concerns about the care that Mr Cairns received, and about the failure to act on the warning signs, to his colleagues in the Home Office, so that those issues can also be addressed.

[Norman Baker]

That is a valid point. As I mentioned a moment ago, we need a joined-up approach not only in Government but at local level. I have undertaken to ensure that the Department of Health is made aware of the particular aspects of the scheme, so that it can work with us to plug any gaps that are identified.

The point was also made about delays relating to the coroner. I agree that that process took a long time, and ideally there would not be such a long wait. We want to see justice being completed quickly, and the delays were obviously painful for those who wanted closure. I would be happy to raise that matter with the relevant Justice Minister to see what can be done, and I will pass those comments on.

We have also founded the College of Policing, and announced its role in providing professional standards for policing and helping police officers and staff to meet those standards throughout their careers. It will be the college’s mission to ensure that officers and staff understand and comply with the highest ethical standards. We hope that this will drive up standards in the police generally.

Domestic violence is a crime, and the worst possible violation of trust in human relationships. Deaths such as those of Rachael and Auden rightly cause shock and outrage, but we must also ensure that action is taken to prevent a similar thing from happening again and to secure justice for those who have lost their lives. I will be carefully reviewing the actions that we have taken over the past three years against the coroner’s findings in this case, to ensure that we do all we can to prevent appalling tragedies such as these from happening again because of the same failings.

Through our violence against women and girls action plan, the coalition Government has made significant strides towards a better reality for victims of domestic abuse, but we know that there is still much to do. Tomorrow, I shall raise my concerns on domestic abuse at a team meeting of all chief constables, and in the coming weeks I will be meeting representatives of women’s groups. I look forward to discussing our plans with them and listening to what they have to say about this matter. It is vital that we respond to cases such as Rachael’s to ensure that those who are vulnerable to the worst crimes are protected. I look forward to updating Parliament on our continued progress in tackling domestic violence in coming months.

Question put and agreed to.

Oral Answers to Questions

Norman Baker Excerpts

Monday 28th October 2013 Commons Chamber

[Sheryll Murray (South East Cornwall) (Con)]

7. What steps she is taking to curb metal theft.

[The Minister of State, Home Department (Norman Baker)]

We have already seen significant reductions in metal theft following targeted police action and the banning of cash payments for scrap metal. The implementation of the Scrap Metal Dealers Act 2013 earlier this month will further clamp down on rogue dealers while supporting legitimate businesses.

[Sheryll Murray]

Following visits I have made to bona fide metal recyclers in my constituency that do carry out checks on their clients in Cornwall, will my hon. Friend tell me what action his Department is taking to ensure that rogue dealers are prosecuted and punished, and does he agree that all metal recyclers must have a level playing field on which to operate?

[Norman Baker]

Yes, I absolutely agree. The Scrap Metal Dealers Act, which I mentioned, is designed precisely to ensure that rogue traders are dealt with properly, and a properly funded licensing scheme will see more effective compliance activity by local authorities and stronger enforcement by the police, ensuring a level playing field for law-abiding scrap metal dealers. For example, we see from the British Transport police that offences are down 44% in the last year.

[Tessa Munt (Wells) (LD)]

My local paper still carries adverts providing only a mobile phone number and offering free collection of any scrap metal, cars, vans, caravans and electrical items for cash payments. What can my constituents in Somerset expect by way of checks and investigation into those who place these adverts, especially since fly-tipping of these very items is such a bane to Somerset residents and adds to the cost of their council tax bills?

[Norman Baker]

We have created a new criminal offence to prohibit cash payments to purchase scrap metal and therefore my hon. Friend ought to report that matter to her local police. If it is a registered scrap metal dealer who holds a licence, the local authority will want to look into the matter.

[Harriett Baldwin (West Worcestershire) (Con)]

8. What steps she is taking to reduce illegal immigrants’ access to housing.

--- Later in debate ---

[Steve Brine (Winchester) (Con)]

9. What steps she is taking to tackle the use and supply of legal highs.

[The Minister for Crime Prevention (Norman Baker)]

We already control hundreds of so-called legal highs and are working with law enforcement partners to disrupt the supply of these often dangerous substances. The Home Office has led communications activity targeting young people and students to advise of the risks of legal highs. We also regularly update public health messaging on those risks. We are not complacent, and we continue to look at ways in which we can enhance our response.

[Steve Brine]

The UK is fast becoming a hub for the European legal highs market, and a recent report from the all-party group on drug policy reform claimed that more than one new substance was coming to Britain each week. Does the Minister share my concern that many legal highs are now purchased online and delivered direct to people’s homes? Will he also look again at the Misuse of Drugs Act 1971 to see whether it is still fit for purpose, given the new web-based market for legal highs?

[Norman Baker]

I am not sure that I accept my hon. Friend’s premise that we are a hub for that activity. First, however, let me say how sorry I was to learn of the recent incident in which one of his young constituents died, possibly as a result of taking a substance known as AMT. The cause of death has yet to be confirmed. That particular substance is legal, but as a result of that case I asked officials on Friday to look at the matter urgently, and action was taken under our drugs early-warning system at 6 pm on that day. My hon. Friend mentioned internet sales, but only about 1% of drugs are sourced in that way. Nevertheless, we take that avenue seriously and the National Crime Agency is undertaking operational activity accordingly.

[Tracey Crouch (Chatham and Aylesford) (Con)]

The Minister will be aware that there are shops on our high streets, such as UK Skunkworks in Chatham, that sell legal highs alongside other drug paraphernalia. Those shops abandon any responsibility for the sometimes tragic consequences of their activities by labelling the products as being unfit for human consumption. Will he commit to including the over-the-counter sales, and the labelling, of legal highs in his review, so that we can prevent further deaths similar to that of Jimmy Guichard?

[Norman Baker]

I entirely agree with the premise of my hon. Friend’s question. Those so-called head shops often behave irresponsibly. She will know that a study of international comparisons is currently under way, and the consideration of legal highs is very much part of that process.

[Mr Julian Brazier (Canterbury) (Con)]

My hon. Friend will be aware of the three deaths in Kent, two of which were in my constituency. I welcome his early-warning system and temporary banning orders, but may I suggest that the best way to cope with this is simply to say that if someone dies or becomes severely ill as a result of taking a drug that is a close chemical cousin of a banned drug, that should throw up a criminal offence?

[Norman Baker]

The Home Office already takes steps to ensure that when a new substance appears that could be injurious to health, we seek to ban analogous drugs—the family of drugs—as a consequence. Some of the banned drugs have often not yet been created, but if and when they are created, they are already covered. We are trying to deal with this through anticipatory methods as well as by other means. We also try to have an early response system, so that when a substance appears, it can be picked up and banned very quickly.

[Justin Tomlinson (North Swindon) (Con)]

10. What steps she is taking to address domestic violence.

--- Later in debate ---

[Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)]

13. What recent assessment she has made of the level of referrals from the police to the Crown Prosecution Service for domestic violence offences.

[The Minister for Crime Prevention (Norman Baker)]

The Home Office chaired a meeting with the Director of Public Prosecutions last month. This has led to a six-point plan to increase the number of referrals from the police to the Crown Prosecution Service. However, it should also be noted that last year saw the highest ever conviction rate for domestic violence prosecutions.

[Mr McCann]

I am grateful for that answer and for all other answers given on this subject this afternoon. Since the general election, however, there has been a 13% fall in the number of cases of domestic violence being referred to the CPS from the police. Will the Minister ban the use of community resolutions in all cases of domestic violence?

[Norman Baker]

We have heard from the Home Secretary that the ministerial team in the Home Office take this matter very seriously. We will discuss it later this week with chief constables and others. We are determined to ensure that domestic violence is given the prominence it should have within the legal system. I have also had a discussion about this matter with my colleague, Lord McNally, at the Ministry of Justice.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

14. What steps she is taking to reduce abuse in the immigration system.

--- Later in debate ---

[The Minister for Crime Prevention (Norman Baker)]

The coalition Government acknowledges that some victims of domestic violence have specific needs and require a specialist response. The updated violence against women and girls action plan sets out a series of steps to address these needs, and outlines additional measures to protect hard-to-reach victims.

[Mike Freer]

Many women in observant religious communities find it hard to leave a domestic violence background. What specific practical support can be given to these women so they feel comfortable about leaving a violent background?

[Norman Baker]

The Government acknowledges that victims face a variety of pressures when leaving violent relationships. In order to provide a specialist response for hard-to-reach victims, we have, for example, funded projects aimed specifically at those at risk of forced marriage and female genital mutilation, to raise awareness of the law, legal rights and support services. They can also be helped through the five freephone helplines the Home Secretary referred to earlier.

[Stephen Gilbert (St Austell and Newquay) (LD)]

21. What steps she is taking to help tackle unlicensed sexual entertainment venues.

[The Minister for Crime Prevention (Norman Baker)]

The Policing and Crime Act 2009 determined that decisions on licensing applications for sexual entertainment venues are best made at a local level. It also sets out the limited circumstances where such a licence would not be required. Hosting regular sexual entertainment without the relevant licence would represent a significant breach of broader licensing conditions, and local authorities are responsible for monitoring and enforcing those requirements.

[Stephen Gilbert]

I am grateful to my hon. Friend for that reply. Some pubs and clubs in my constituency have been regularly exploiting the loophole in the 2009 Act to which he refers. That puts patrons and performers at risk. Will he meet me to discuss how we can tighten up regulations in this important area?

[Norman Baker]

I understand my hon. Friend’s concerns. There is a balance to be struck between having rigorous and appropriate licensing conditions and imposing unnecessary bureaucratic burdens, but I will, of course, be very pleased to meet with my hon. Friend to discuss this further.

[Lorely Burt (Solihull) (LD)]

T1. If she will make a statement on her departmental responsibilities.