Child Sexual Abuse Material (Digital Devices)

Pauline Latham Excerpts

1st reading
Wednesday 15th May 2024 Commons Chamber

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I beg to move,

That leave be given to bring in a Bill to provide for a power to require a person to grant access to their digital devices in the course of a lawful inspection under the Customs and Excise Management Act 1979 where there is a reasonable suspicion that the device may contain child sexual abuse material; to provide that refusal to grant such access constitutes an offence; and for connected purposes.

I begin by outlining the scale of the problem this Bill seeks to tackle. Up to 835,000 individuals in the United Kingdom represent a sexual risk to children, according to the national strategic assessment. We also know that 85% of online offenders are hands-on abusers, too. One in four girls and one in six boys are sexually assaulted before the age of 18. Child sexual abuse material—or CSAM—is abundant online, so much so that almost 30 million unique CSAM files are known to UK law enforcement, and the number is growing all the time.

The digital age has brought with it tremendous opportunities for advancement in many areas, communication has never been easier and the world has never been smaller, but as the world has become smaller, criminal networks have grown larger. Law enforcement is still having to play catch up, and as a result—tragically, unforgivably—more and more children are becoming victims to sexual predators.

The UK Border Force is our first line of defence against people travelling with the intent to cause harm, whatever that may be. Its search powers have been sufficient to stop terrorists and drug smugglers, but they are not sufficient to stop child abusers. That is because the law governing the scope of its search powers was drafted in the 1970s—long before the digital age. A single photo taken from one of today’s smartphones could easily exceed the entire capacity of even the highest-spec 1970s floppy disk, then at the revolutionary cutting edge of computing. It was an era when it was not even conceivable that sexual predators would be travelling across borders with potentially thousands of illegal photos and videos in the palm of their hand.

The outdated law in question is the Customs and Excise Management Act 1979. It grants the power for a Border Force agent to search an individual and their baggage to detect the import or export of prohibited goods. Border Force does not require reasonable grounds to suspect that the individual is in possession of prohibited goods to utilise this power of search in a port environment. While existing powers permit Border Force to require an individual to present their baggage, including their digital devices, those powers do not extend to requiring a person to open that baggage—to unlock a device. If they refuse to do so when asked, there is nothing that Border Force can do.

In previous decades, CSAM would amount to a stack of polaroids, which were often unmistakable and readily detectable. Now all this material is carried digitally, and often behind encryption software and passcodes. To expand on this point, there have been several examples of lone individuals identified as possessing belongings associated with the commission of sexual offences against children—for example, toys, lubricants, condoms and children’s underwear. In these circumstances, where it is reasonable to suspect that the individual may be in possession of digital CSAM, Border Force cannot inspect the digital device unless the individual consents. Each time this happens, we could be letting a dangerous abuser into the United Kingdom undetected. As I mentioned in my Westminster Hall debate on the same subject late last year, even when notified, it can take weeks for the police to trace an individual, and there have been cases where a suspect has raped two or more young girls before being caught.

My Bill gives Border Force the power it needs to prevent this. Under it, an individual refusing to unlock their digital devices would be subject to arrest for a new offence of obstruction. If an international passenger of any nationality arrives in or departs from the UK and Border Force reasonably suspects the individual to be involved in child sexual abuse, Border Force officers will ask them to unlock their digital device so that they can perform a scan to determine, beyond any reasonable doubt, the presence of CSAM as verified by the Home Office’s database. If the individual complies, the scan will take place, and if content is detected, the individual will be arrested under the 1979 Act. If they refuse, they commit an offence, and their devices will be seized and forensically examined by the police or the National Crime Agency.

I want to go into a little more detail on how the technology now available would be used, because I know that some hon. Members will have concerns about privacy. The power to search a device would be governed by a standard operating procedure whereby an inspection would be undertaken via a scan—not a download—that only searched a device’s memory for a file code or hashtag associated with known CSAM files. These codes are held on a Home Office database containing nearly 30 million unique files. There would be no manual device inspection or collateral searches. This also means that Border Force officers would not be subjected to any horrific material themselves, as they would likely have been in previous decades. It is worth noting that a similar power already exists for the police in relation to terrorist material under schedule 7 to the Terrorism Act 2000.

With these new powers, Border Force would become a full part of the multi-agency response needed to help prevent the proliferation of CSAM online. It would also mean it could meet the recommendation of the independent inquiry into child sexual abuse to increase proactive detection of previously unidentified persons, and therefore safeguard children from new or further harm.

I mentioned earlier that over 800,000 people in the UK present a sexual risk to children. What I did not say is that very few of these individuals have been identified. With the new powers that I have outlined, Border Force will go from having a near-zero impact on locating offenders to playing an active role in preventing the sexual abuse of children. Furthermore, it will be able to prevent potential first-generation CSAM from making it on to the internet.

Detection at the border can be a starting point for further investigation, such as identifying other devices or items held at the suspect’s home and looking into other offences against young people. That is the case in New Zealand, a member of the Five Eyes intelligence-sharing group, which brought in similar powers for its border force under its Customs and Excise Act 2018. It reports a near 100% increase in intelligence-led interdictions against travelling child sex offenders since the law was passed.

To conclude, for many years I have campaigned against all forms of child abuse. In February last year, the Marriage and Civil Partnership (Minimum Age) Act 2022, which I sponsored, came into force. It means that is it illegal, under any circumstances, for a child under 18 to be married. We have brought an end to this form of abuse, but it is wrong that we still have laws so outdated that they allow sexual predators and abusers to escape justice. It is also a great frustration that we must expend serious parliamentary time and resources to enact what I believe is a simple and inarguable case. Passing this Bill would give the UK Border Force the ability to play an active role in identifying previously unknown individuals who may represent a danger to children. In doing so, we would be further protecting our children from the lifelong trauma that so often results from being the victim of sexual abuse. Child abuse is happening now, and these powers should be there to confront it.

Question put and agreed to.

Ordered,

That Mrs Pauline Latham, Mrs Sheryll Murray, Mr Ian Liddell-Grainger, Mrs Heather Wheeler and Martin Vickers present the Bill.

Mrs Pauline Latham accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 21 June, and to be printed (Bill 219).

Criminal Justice Bill (Programme) (No. 2)

Motion made, and Question proposed,

That the Order of 28 November 2023 (Criminal Justice Bill: Programme) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration and Third Reading shall be taken in two days in accordance with the following provisions of this Order.

(3) Proceedings on Consideration—

(a) shall be taken on each of those days in the order shown in the first column of the following Table, and

(b) shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.

Assisted Dying

Pauline Latham Excerpts

Monday 29th April 2024 Westminster Hall

[Mrs Pauline Latham (in the Chair)]

Order. You are out of time.

--- Later in debate ---

[Danny Kruger]

I am very grateful to my hon. Friend. These things are very contentious, and there are issues around definition. But I stand on the principle that there is implicit expansion in the scope of any law. [Interruption.] Am I being given extra time for the interventions I am taking?

[Mrs Pauline Latham (in the Chair)]

No.

[Danny Kruger]

Then I will not take one now.

Baroness Campbell, herself a wheelchair user, said that:

“The existing law…rests on a natural frontier”,

namely that we do not kill people. She asked:

“What the proponents of 'assisted dying' want is to replace that clear and bright line with an arbitrary and permeable one…If terminal illness, why not chronic and progressive conditions? And, if chronic and progressive conditions, why not seriously disabled people?”

It is impossible to make distinctions between those terms. That is why the law always has the scope for its own expansion within it. That is why we should oppose the change.

--- Later in debate ---

[Robin Millar]

I thank my right hon. Friend for her intervention. I will conclude with this: we must never get to a point where assisted dying is seen as a prescription. We must never get to a point where we see death as a treatment.

[Mrs Pauline Latham (in the Chair)]

The wind-ups will now begin. I call Ruth Cadbury.

--- Later in debate ---

[Kit Malthouse]

The Minister has talked about the medical profession and the various arguments for and against, but she is a distinguished member of the legal profession. One of the things that many people suffering with terminal diseases find so confusing is that the law as it stands is inconsistent and a mess. We have a situation where it is technically illegal to accompany somebody to Switzerland, but upon return, the Crown Prosecution Service has a policy of not prosecuting. We have the example of Mavis Eccleston, who agreed a suicide pact with her elderly husband, but survived. She was prosecuted in court, effectively for murder, but was acquitted, having gone through this dreadful experience. The current law is a mess, and I wondered if we could have the Minister’s professional view on that.

[Mrs Pauline Latham (in the Chair)]

Order. There is a Division in the House. The sitting is suspended for fifteen minutes.

Oral Answers to Questions

Pauline Latham Excerpts

Monday 15th April 2024 Commons Chamber

[The Minister for Legal Migration and the Border (Tom Pursglove)]

I am grateful to the hon. Lady for that question. We responded within the eight-week deadline to that ICIBI report and accepted the recommendations made to us in it. We are working through them, but work was already in train, particularly in collaboration with the Care Quality Commission, on better accreditation practices for care providers when we are matching people to those visas.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

T6.   Outdated laws are allowing child sexual predators and offenders to enter or leave our country while in possession of illegal material on their digital devices because Border Force does not have the power to access them. Will my right hon. Friend work with his colleagues in the Ministry of Justice to consider the merits of a new offence of wilful obstruction, under which an individual could be prosecuted if they fail to unlock their devices to allow them to be properly searched?

[The Parliamentary Under-Secretary of State for the Home Department (Laura Farris)]

I thank my hon. Friend for her work in this area. The issues that she raises are of direct importance to intelligence gathering and child protection. My officials have been working closely with Border Force to ensure that its powers keep pace with the digital age. When the next legislative opportunity arises, if not before, we will carefully consider giving Border Force powers to compel individuals to submit to searches of their devices, if they are suspected of holding child sexual abuse material.

Robbery and Theft: Carshalton and Wallington

Pauline Latham Excerpts

Tuesday 20th February 2024 Westminster Hall

[Mrs Pauline Latham (in the Chair)]

I will call Elliot Colburn to move the motion and then the Minister to respond. As is the convention for 30-minute debates, there will not be an opportunity for the Member in charge to wind up.

[Elliot Colburn (Carshalton and Wallington) (Con)]

I beg to move,

That this House has considered the matter of robbery and theft in Carshalton and Wallington constituency.

It is a pleasure to serve under your chairmanship, Mrs Latham. This issue pressures local people and weighs heavily on my constituents’ minds. I am grateful for the opportunity to discuss it.

I begin by examining some statistics. According to the latest Home Office data for the year ending September 2023, the Metropolitan police recorded 32,000 robberies and 430,000 thefts. When adjusted for population, London exhibited one of the highest rates of reported robbery and theft offences, with 3.6 robberies and 48.6 thefts per 1,000 people, which far surpasses the national average. Moreover, those figures represent alarming increases on the previous year, as reported by the Met.

In the past few months alone, there have been 11 incidents of people contacting me directly about their cars being broken into. That is a lot, considering that the police would obviously be the ones to take that up; for that many people to bring it forward to me clearly demonstrates that there is an issue. The most recent figures published by the Metropolitan police, in December 2023, showed that there were 50 incidents of vehicle crime, 16 cases of theft, 27 shoplifting offences, 17 burglaries and 10 robberies across Carshalton and Wallington.

My constituents are often left asking whether anything is being done about those crimes, and whether they are being taken seriously by the police. Like many colleagues, I am sure, I see on social media all the time CCTV and Ring doorbell footage of attempted incidents that the police have not seen or will not take as part of their investigations. One constituent shared details with me of two cars being stolen in the space of two weeks.

As I represent quite a diverse constituency, there is also the matter of the targeting of my Indian and Tamil constituents for Asian gold theft. Those communities are worried that they are being subjected to increased targeting due to recent surges of targeted burglaries, which have left them shaken and afraid of further strikes against their communities.

One of the things I come across most often is the issue of shoplifting. Whether on our local high streets or some of the small shopping parades around Carshalton and Wallington, it is increasingly common to see a large group of younger people go in and out of shops to steal confectionery, drinks, goods—whatever it might be. Many of the shop owners, for whatever reason, tell me they do not feel that it is worth reporting. Reports are therefore often not made to the police, so we are likely seeing slightly skewed statistics. That is a point I would like the Minister to address: the danger of reporting fatigue.

I know the police and all Government officials would want to reiterate the importance of ensuring that an official report is put in whenever someone sees a crime happening, is a victim of a crime or has anything to tell. So many times we hear of things getting shared on social media, via email or in conversation when an official report was not put in. That does not give us a full picture of what is going on. I would like to hear from the Minister what efforts the Home Office is taking, in conjunction with the Metropolitan police, to ensure that people do not get that reporting fatigue and that they file an official report, not just share it on social media.

Off-road Biking

Pauline Latham Excerpts

Tuesday 20th February 2024 Westminster Hall

[Peter Gibson]

Of course, I welcome any additional funding from the Government to tackle antisocial behaviour. There is a very clear distinction between lawful, legitimate users of these vehicles, who go about their business lawfully, and those who are terrorising a street by misusing them, so I thank my hon. Friend for his intervention.

Our constituents will thank us for tackling this problem and making our streets safer. The registering, insuring and tracking of vehicles would also help to protect farmers, who have thousands of quad bikes stolen every year. The National Farmers Union’s figures for 2022 estimate that this comes at a cost of some £3 million to our farmers, who are the backbones of our rural communities.

As well as deterrents and justice being served, an ongoing issue that we see in Darlington and across the country is actually catching offenders. Police are often unable to chase them as they tear through communities, making them difficult to track and trace. That is why we need to see greater investment in technology to track them. I have spent time with my local force, which is using high-powered drones that can see over considerable distances to help to track perpetrators, enabling the police to safely arrest offenders without the need to engage in dangerous chases on the street. I look forward to hearing the Minister’s thoughts on what more can be done with drones and the funding that the Government will provide for them.

In addition to the antisocial behaviour being a danger to communities like mine impacted by this issue, it is also clear that organised crime gangs are making use of cycle paths, quad bikes and off-road bikes to distribute drugs. Therefore, there is not only the crime of the behaviour of the bikers; they are often also involved in the dark trade of transporting illegal substances. That is yet another reason why we must end this abuse of the system. As well as causing a danger to other vehicles, pedestrians and livestock, by supplying drugs, these people are adding yet another layer of crime and danger to our communities.

Finally, I want to thank the Minister for the progress that has already been made on this issue and for the investment in drones and the efficiency of tracking the criminals. Equally, I urge the Minister to consider my suggestions. We must see better response times from the 101 service and the introduction of insurance, registration and tracking devices on the vehicles. We must end the merry-go-round of offenders being able to pick up another bike and take every step possible to make our communities safer.

[Mrs Pauline Latham (in the Chair)]

I call Jim Shannon.

--- Later in debate ---

[Chris Philp]

It is excellent; the hon. Gentleman should definitely look at it. Once we have got the Civil Aviation Authority regulations modified, this autonomous drone technology has enormous potential.

I am delighted that the shadow Minister mentioned facial recognition. If we can get a picture of the miscreants mounted on the ATV or the off-road bike, we can run that through the retrospective facial recognition database and hopefully get a match. Even if they flee the scene, at least we will know who they are. As I have explained previously, the quality of the AI algorithm is now much better than it was, so the chances of getting a match are really quite high. [Interruption.] By the way, I apologise for my hoarse voice, Mrs Latham. I have a slight cough, as you can probably tell, so I am sorry if I am a little bit croaky.

Some Members have mentioned the problems with balaclavas. We are about to make an amendment on Report to the Criminal Justice Bill to change and expand the existing police power under section 60AA of the Criminal Justice and Public Order Act 1994, which concerns face coverings, including balaclavas. At the moment, the police can only ask someone to take off a balaclava or a face covering. They can make the request, but they must do that proactively, and then the person can drive off and put it back on. We will amend that so that it will be possible to require face coverings to not be used at all in particular areas, unless for medical or religious purposes. If there was a particular physical area, whether it was the top of a Welsh mountain or anywhere else, where face coverings were a problem, the police could potentially use the updated section 60AA power to say to people that they could not wear balaclavas or face coverings in that area. If a police officer then saw someone driving along, even if they were initially driving lawfully and safely and were registered, licensed and insured, and they had a face covering, perhaps because they intended to behave antisocially later on, the officer would have a basis on which to stop them. I hope that that is a change that colleagues will welcome at Report stage of the Criminal Justice Bill on the Floor of the House in a few weeks’ time.

I think I have covered a number of the points that have arisen during the debate. However, I will add one point around preventing these bikes from being stolen and then misused. I pay great tribute to my hon. Friend the Member for Buckingham (Greg Smith) for his private Member’s Bill, which became the Equipment Theft (Prevention) Act 2023 after receiving Royal Assent last July. Once we fully commence that Act, which we will do shortly, it will require all-terrain vehicles, among other things, to be forensically marked upon sale, with the forensic marking to be recorded in a register. It will also require an immobiliser to be fitted to such vehicles, which will make it much harder—I would not say impossible, but a lot harder—for these ATVs to be stolen and then misused for the purposes of antisocial behaviour. That would address this carousel issue, whereby ATVs or off-road bikes get stolen and then used antisocially, which the hon. Members for Strangford and for North Antrim, and my hon. Friends the Members for Hartlepool and for Darlington, all referred to.

Reference was also made to vehicle recovery charges, which are applied when a vehicle is taken off the road and seized by the police. Following a review, the Government made changes last year to increase those vehicle recovery fees by 28%, which will hopefully assist police forces in recovering the cost of taking such vehicles off the streets.

We now have record police officer numbers across England and Wales—more than we have ever had at any time in history. The numbers of officers allocated to particular local areas are also at a record level. The subset of that, which the shadow Minister likes to quote, is not 10,000 any more; it is a much, much lower figure, so he should update his figures. The number of officers allocated to local policing duties is at a record level, and we expect those officers not to be behind desks, because we are investing in technology to do a lot of the administration; we expect them to be on the street, visibly patrolling and catching criminals.

We consider all forms of crime to be serious, whether it is antisocial behaviour, criminal damage, reckless driving, as we have been discussing, or theft from shops. All of that needs to be taken seriously. The police need to patrol and make arrests for all those criminal offences. We have now given them the resources, combined with the over £900 million a year extra in the next financial year that will go to police and crime commissioners. The police have the resources and the officer numbers, and we are making sure that the law keeps up with these issues, so we expect robust action by the police on behalf of constituents.

I would like to conclude by thanking Members again for participating in the debate. There are some points to look at a little further, and I am very happy to do that. However, I conclude by again commending my hon. Friend the Member for Darlington for bringing this important issue to the attention of the House.

[Mrs Pauline Latham (in the Chair)]

I call Peter Gibson to wind up, but it will have to be brief, because we are going to vote soon.

[Peter Gibson]

Thank you, Mrs Latham, and I will be brief.

I thank everyone who has attended this debate and made a contribution. We have heard some interesting contributions from across the House, largely focused on safety. I was particularly interested in the concerns the hon. Member for Strangford (Jim Shannon) raised about roll cages for quad bikes. My hon. Friend the Member for Hartlepool (Jill Mortimer) talked about the safety of her community, as did the hon. Member for Nottingham North (Alex Norris), who spoke from the Opposition Front Bench. However, the one thing I will really take away from this debate was raised in the contribution by the hon. Member for North Antrim (Ian Paisley). I would love to go and see the work—the collaboration—going on in his constituency, and I hope the Minister can find the time to go again.

I am really pleased to hear that the Minister is willing and able to look at the NFU and the registration issue; I undertake to write to the NFU and to engage in that piece of collaboration with him. I look forward to continuing to tackle this issue on behalf of my constituents and to improving the safety of the streets of Darlington.

Question put and agreed to.

Resolved,

That this House has considered the matter of tackling off-road biking.

[Mrs Pauline Latham (in the Chair)]

Order. The sitting is suspended. We will probably have three votes, so it will be suspended until 4 o’clock, unless we continue to vote after that.

Digital Devices: Search Powers at the UK Border

Pauline Latham Excerpts

Tuesday 5th December 2023 Westminster Hall

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I beg to move,

That this House has considered powers to search digital devices at the UK border.

It is a great pleasure to serve under your chairmanship, Sir Edward. We live in a digital age, but the powers that our law enforcement agencies have do not mirror that. Our Border Force is one agency that cannot carry out its duties properly because of the powers that it was afforded in an analogue age, which have never been updated.

In the United Kingdom, 835,000 individuals represent a sexual risk to children. The proliferation of online child sexual abuse and exploitation material means that more and more children can become victims of sexual predators. One place where our law enforcement agencies can intervene is at the ports of entry into our country. It is there that previously unknown predators can be identified, stopped and prevented from harming our children.

Eighty-five per cent of online child sexual offenders are also hands-on abusers. If Border Force were able to intercept individuals who offend digitally, we could stop children from being abused physically. Border Force is in a unique position to help to tackle this problem and I believe that the Government should afford them the statutory power to search passengers’ digital devices for child sexual abuse and exploitation material. I also wish to see a new offence of obstruction allowed where individuals refusing to co-operate with any reasonable digital searches are prosecuted.

The current scope of the search powers of the UK Border Force is designated by the out-of-date Customs and Excise Management Act 1979. Those powers grant Border Force the power to search the person and the baggage of an individual entering or leaving the United Kingdom in order to detect the import or export of prohibited goods. “Prohibited goods” has a very broad definition under the Act, including child sexual abuse and exploitation material such as images, videos and childlike sex dolls.

Under the Act, the UK Border Force is not required to have reasonable grounds to suspect that an individual entering or leaving this country possesses prohibited goods in order to search them in a port environment. However, the scope of Border Force search powers granted under the Act was conceived for a world that knew nothing about the internet, let alone the smartphone. Almost every passenger who passes through a UK port carries a digital device, be it a smartphone, tablet, laptop or hard drive. Some of these passengers travel with digital child abuse and exploitation materials, images and videos, created in the UK or abroad, on their devices. Under the provisions of that Act, Border Force officers cannot compel a passenger to unlock a digital device, but the police can—not at the Border Force area, but in the country.

If a passenger refuses to unlock their device at the request of Border Force, there is nothing that Border Force can do—nothing at all. The passenger is not committing a criminal offence, because we do not have a criminal offence of obstruction for this circumstance. Border Force must then let the passenger suspected of possessing prohibited goods pass into our country and there are no grounds to arrest them.

As 85% of digital child sexual offenders become hands-on abusers, we need to prevent, at the first possible opportunity, individuals from having the chance to abuse our children. Our Border Force could be part of that arsenal to stop those offenders at our border. Its powers do not extend to being able to require a person to “open” their digital baggage so that a search can be conducted; its existing powers are no longer fit for purpose.

Back in the 1970s, child sexual abuse material would amount to a stack of Polaroid photographs, which border officers could readily detect; they were on paper before the eyes of staff who had suspicions. Today, these images are carried digitally, more often than not behind locks such as passwords, passcodes and encryption software. Under the existing legislative framework, Border Force is unable to penetrate those locks without the passenger’s consent.

I believe that many children could have been saved from predators if Border Force had intercepted them when it had the opportunity. There have been numerous examples where passengers entering or exiting the UK have been travelling alone and without dependants and have been identified as having been in possession of paraphernalia associated with the commission of sexual offences against children. If a passenger travels with toys, lubricants, condoms and children’s underwear, many of which are key indicators of an abuser, it is highly likely that the passenger will be in possession of digital child sexual abuse and exploitation material. With digital search powers, Border Force could arrest the passenger if he possessed such material.

To counteract situations such as I have described, we need to introduce a new criminal offence of wilful obstruction, under which an individual would be prosecuted where he refuses to unlock his digital device so that it can be searched for obscene or indecent material. Such a search can be done in seconds, because the technology already exists—our police have access to it. We would protect more children by granting Border Force that power, as individuals entering our country who pose a sexual threat to children would be arrested as soon as it was discovered that they owned indecent child abuse images on their phones and laptops. Granting Border Force the power I have outlined would enable it to become an active part of the cross-agency response on identifying previously unknown persons who pose a risk of harm to children. Where digital devices seized by Border Force contained new sexual abuse and exploitation material produced by the passenger that had not yet been uploaded to the internet, that material would be prevented from being uploaded to the internet.

Critics might say that that proposal is too intrusive, and I have heard that said. They might also say that there is grave potential for the infringement of an individual’s right to a private life, as set out under article 8 of the Human Rights Act 1998—it does not worry too much about the children who are abused. A standard operating procedure would make sure that a device is inspected by a scan that looked for codes associated with known child abuse files already catalogued and verified by the Home Office. No file would be downloaded by Border Force and no manual inspection of the device would be needed as the scan is driven by code only. As such, there is no possibility of collateral intrusion and an individual’s digital private life being invaded. It is worth noting that a similar power exists for the police in relation to terrorist material under section 7 of the Terrorism Act 2000.

The power I wish to see for Border Force already exists in customs legislation across a number of countries globally, notably New Zealand, which is a member of the Five Eyes intelligence-sharing alliance. New Zealand brought in a similar digital search power under its 2018 customs Act, which introduced a step process for examining devices in furtherance of detecting prohibited materials, including child sexual abuse material, at its borders. The New Zealand process is comparable to that which I believe would work for the UK. Border Force could carry out a step 1 initial scan to indicate the presence, or not, of indecent material. If such material is detected, the UK police or the National Crime Agency would carry out a more intensive step 2 scan.

New Zealand has already begun to see success stories arising from that legislation. New Zealand’s Act also provides a coercive power for the customs force to require access to an electronic device, the breach of which triggers a $5,000 fine and device seizure. I believe that that would be a sensible mechanism for the UK to adopt. Detection at the border is often the starting point for wider investigation, which encompasses identifying further devices and materials held at the suspect’s home address, or contact offences against minors.

Where that power exists in other countries, it is typically without the requirement for reasonable suspicion. However, the power I am seeking will be legally used only when there are reasonable grounds to suspect an individual possesses indecent and obscene material. We would avoid any abuse of that power, as a high burden will be placed on the Border Force ahead of its use.

The UK’s current baseline for detecting individuals representing a risk to children at the UK’s borders is near zero, due to the absence of the ability to verify digital media. They then have to alert the police about their suspicions, and it can take a couple of weeks for the police to trace the individual. There have been cases where the suspected individual has raped two or more young girls before the police have caught up with them.

If Border Force were granted these powers, we would protect children from the lifelong harm of being abused by a sexual predator. Even without immediate prosecutions for possessing child abuse material, the detection of a suspect at the border will enable a management plan to be developed at pace, to mitigate risk to minors with immediate effect. If Border Force had the same access to the devices that the police have, it could scan them very rapidly, pass the suspects on to the police, and we would close that gap and stop those children being raped and abused. For the sake of our children in this country, we need to do that.

I hope that the Minister will agree that it is time to make our Border Force able to tackle digital baggage. Border Force is well placed to detect individuals who pose a sexual risk to our children. For Border Force to perform its duty to protect us now, we must give it those necessary tools, and the tool to search digital devices is one that, frankly, should be given to it today.

[The Parliamentary Under-Secretary of State for the Home Department (Laura Farris)]

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Mid Derbyshire (Mrs Latham) on securing the debate. I compliment her on her steadfast commitment to the rights of children, and protecting them from sexual exploitation in a range of ways.

I will start with some preliminary observations. First, my hon. Friend presents a compelling case, which I undertake to take back to ministerial colleagues and discuss further. The opportunity represented by inspecting digital devices at the border to increase our ability to tackle and prevent sexual abuse is one that we should take seriously, and it is a key priority for the Government.

I will go through the scale of child sexual abuse, with which she is familiar. The Office for National Statistics estimates that perhaps as many as 7.5% of children in this country will experience some form of sexual abuse before the age of 16. That is the equivalent of just over 3 million people across England and Wales. Reports from the Internet Watch Foundation show that the fastest-growing age group appearing in online child sexual abuse imagery is seven to 10-year-olds, and the prevalence of the most severe forms has more than doubled since 2010. Not only are children being abused, but these moments of their lives are being captured, uploaded on to the internet and essentially frozen in perpetuity. For them, it is a never-ending cycle of abuse from which they will never escape. The files are not even hidden in hard-to-reach parts of the internet; many can be accessed in just three clicks.

My hon. Friend knows how seriously we take child sexual exploitation in this country. We are the Government who implemented the independent inquiry into child sexual abuse. It had a historical focus, but it none the less informs our continuing work.

We also recognise the unique vulnerability of children online. We have tackled that to some extent through the Online Safety Act 2023, which brings companies in scope under legal duties to proactively combat the threat of child sexual abuse on their platforms and to identify, report and remove material. We are now working with the independent regulator Ofcom and the National Crime Agency to implement and operationalise those new powers and duties. However, I do not want to duck my hon. Friend’s wider point, which is that the border provides an important opportunity to apprehend and arrest perpetrators. On occasion, there will be important probative material that would lead a member of Border Force to reasonably suspect that an individual has images on their device that suggest serious criminality and that would give an opportunity for interception.

When people enter or leave our country, we can see where they are going and where they have been. We can create risk profiles based on their movements and note when someone has travelled to multiple locations that are well known for child sex tourism. Under our existing customs powers, Border Force can, without the requirement for reasonable suspicion, check the baggage of people entering and leaving the country. That baggage may include obscene or indecent materials. Notable examples include child and baby-like dolls, which sometime have purpose-built internal sex organs. Specialist Border Force teams are trained to capture this key information, seize materials and arrest where appropriate.

[Mrs Latham]

I recognise what the Minister is saying, but the gap exists and Border Force needs these powers. It can search bags and pockets, and strip-search individuals, but it cannot look at their phones or devices. That is where the gap lies and if we do not close it, there will be even more children being abused on a regular basis.

[Laura Farris]

My hon. Friend has accurately pointed out what looks like a lacuna in the law—where physical objects that may be identified in someone’s baggage indicate something, Border Force simply does not have the power to search devices. I have already undertaken to go back to Ministers and discuss that with them.

I reassure my hon. Friend that the Government remain firmly committed to exploring and exercising all potential levers that can be used to safeguard children and bring offenders to justice. We will continue to work across the whole system to ensure that we are doing all we can to tackle this abhorrent crime, and I thank my hon. Friend again for securing this important debate.

Question put and agreed to.

Change of Name by Registered Sex Offenders

Pauline Latham Excerpts

Thursday 2nd March 2023 Commons Chamber

Significantly, Huntley had been able to change his name by deed poll to Ian Nixon. The criminal record check he underwent had been carried out against only his new identity. By presenting a new identity, he had successfully severed the link with his existing police record, meaning that the records held against the name Ian Huntley were not disclosed.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I apologise for being late, Madam Deputy Speaker. I would have liked to contribute to this debate, but the ticket machine broke and I missed my train. I apologise for coming into the Chamber just to make an intervention. This is such an important debate, and I pay tribute to the hon. Member for Rotherham (Sarah Champion) for securing it and for her work.

As the hon. and learned Member for Edinburgh South West (Joanna Cherry) has just said, the ability for people to apply for a DBS check to work with children after changing their name by deed poll entirely defeats the object of the sex offenders register. Does she agree that the requirement for sex offenders to notify the authorities themselves is entirely unfit for purpose and that there needs to be a much more robust and centralised mechanism through which sex offenders can apply to change their name?

[Joanna Cherry]

I could not agree more.

The hon. Lady reminds me that, at the outset of my speech, I should have congratulated the hon. Member for Rotherham (Sarah Champion) who, as always, is completely across the subject. She often raises important issues, both in this House and in the public domain, that others have not dared to raise. I pay tribute to her for that.

I am talking about the Huntley case because it is disgraceful that, 18 years later, safeguarding loopholes remain whereby applicants can submit identity documents for DBS checks that display a new identity, despite the efforts of various hon. Members. At least the Government have acknowledged the safeguarding loophole whereby registered sex offenders are able to change their name by deed poll, but I am afraid that the ability to change identity in a more fundamental way, about which the hon. Member for Telford spoke so powerfully, by simultaneously changing one’s name and one’s gender, remains unaddressed.

In our public life, across the United Kingdom, self-identification has become a de facto right without legislation. Any individual can easily, and for any reason, change their name and gender on documents commonly used to establish identity via a process of self-declaration. That includes documents such as passports and driving licences, which can be presented for the purposes of a DBS check and show the individual’s new name and acquired gender instead of, and as opposed to, their sex.

The DBS grants enhanced privacy rights to individuals who change their gender when changing their identity. Those are exceptional rights that are granted only to individuals in that group. The result is that identity verification is compromised, meaning that there is no guarantee that the information returned during the check and displayed on the certificate will be accurate or complete. Those exceptional privacy rights also allow an applicant who has changed gender to request that all their previous names are withheld from the DBS certificate that is issued. That right to conceal previous identities is not given to anyone else; disclosing previous identities is a key component of safeguarding, and DBS certificates issued to all other individuals display all other names the applicant has used.

No doubt there were good reasons for the privacy requirements set out in section 22 of the Gender Recognition Act. I hasten to add that I am completely in favour of equal rights for trans people, but I am not in favour of a system that allows sex offenders to exploit the principle of self-declaration to evade the safeguarding process. Applicants who change their gender are also permitted to conceal their sex, and the DBS certificate issued will display their acquired gender instead. That right is not granted to any other individual; the importance of sex to safeguarding means that for all other applicants, their sex is always displayed on the DBS certificate. These are all serious risks to safeguarding that compromise the validity and reliability of the DBS regime.

This is a particular problem as we roll out digital identities, including for DBS checks, because there is a risk that the existing loopholes will be perpetuated in the digital realm. In the drive for convenience and ease of use, digital identities risk creating a new safeguarding loophole. In-person identity verification acts as a safe- guarding protection in and of itself, yet digital identities can be shared remotely, meaning that that important step is removed. The current operation of the DBS regime means that identity verification is compromised and organisations requesting DBS checks cannot have confidence in the information that is disclosed.

There are steps we could take to close the loopholes: the mandatory use of national insurance numbers for DBS checks and identity changes; having DBS certificates that display the sex registered at birth; and having DBS certificates that display other names used for all applicants, including those who have changed gender as part of changing identity. We are talking about rules of safeguarding that apply to people who have been convicted of sex offences, so all of this should be a no-brainer. In order to be effective, the rules of safeguarding must apply equally to everyone.

International Doctors: Visas

Pauline Latham Excerpts

Wednesday 2nd November 2022 Westminster Hall

[Matt Warman]

Ultimately, this is where we need joined-up government, whereby the Home Office and the Department of Health and Social Care deliver on the same priorities, and I really do think that they can.

As I say, 40% of trainee GPs come from abroad. In the final months before they qualify as GPs, the last thing they should be doing is dealing with the stress of a potential visa application and considering whether the practice where they might want to apply for a job is registered on the programme, and whether they can reasonably jump through the Home Office hoops at that precise moment. We are increasing stress for doctors, and we are increasing the risks for patients at the same time.

The hon. Lady alluded to figures from the Royal College of General Practitioners which show that some 30% of GP trainees are considering not working as GPs when they qualify for these visa-related reasons, and some 17% think they might have to leave the UK either temporarily or, at worst, permanently. That is some 1,200 doctors who are considering not working in the health service as a result of this system. In Lincolnshire alone, a third of practices have thought about registering as a visa-sponsoring practice, but just one in 10 have actually done it. We are really limiting the options for GP trainees and for the health service.

This is a political choice, and it reveals an inequality between different sorts of doctors. It will probably take a hospital doctor five years to qualify. After those five years, they will qualify for indefinite leave to remain in a much easier way. Because GP trainees take just three years to complete their programme, they need to go through this visa process, because three years is not five years, and the Home Office has decided that five years is what is required.

There are other associated problems. When it comes to applying for a visa, the GP practice that needs to register will consider whether that process is worth while. It may, in theory, be worth while in advance, and some practices do register in advance, but many do not. They then find themselves confronted with a brilliant candidate, and they try to register, but with the best will in the world, the timescales are very tight for doctors to apply for visas when they have a job offer from a practice that is already registered. There are lots of things to line up, and it is stressful for practices and for doctors. Even if there were no backlog in the Home Office, it would be a very tight timescale.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I thank my hon. Friend for giving way and congratulate him on securing this important debate. I have recently returned from an International Development Committee visit to Jordan, where I spoke to a number of highly educated Jordanians, as well as Syrian refugees. Some of the Jordanians were already doctors and nurses, and the Syrian refugees in the camps in Jordan cannot get an education beyond the age of 18 but wish to become doctors, engineers and so on. They speak amazing English and would love to train here in the UK.

At the moment, Germany is hoovering up a huge number of these doctors and people who would like to study to become doctors, to satisfy the demands of its health service. Does my hon. Friend agree that it would be helpful for the Minister to consider opening up more visa routes for brilliant young medical students from countries such as Jordan that have long been strong international partners of the UK, in order to ease some of the workforce pressures on our NHS? It is important that we increase the numbers, and that would be one way of doing it.

[Matt Warman]

I absolutely agree with my hon. Friend that increasing all those routes is hugely important. Of course, we would all like to see more doctors trained in this country, and the Government have gone some way towards doing that, but where people want to work abroad, Britain should be as attractive a place as we can be. That is why, on the GP point specifically, the Government should be removing every single barrier in that visa process.

The most straightforward thing we could do, which would remove the need for a practice to register as a visa-sponsoring practice, is simply to say that when a GP qualifies in this country, they get the indefinite leave to remain that other doctors get. These are people in whom the UK has already invested. They are already here; they already have a visa. The extension of that visa into another form seems simply to be a bureaucratic hoop that we are putting in their way as doctors and in the way of GP practices. We are putting extra bureaucracy into a system, while on the other hand the Government say, “We desperately need people to come to this country to work in the NHS, and we will try to do everything we can.” The health service does hugely good work to try to recruit such people and specifically encourages them to train as GPs, but then we put an additional barrier in their way.

The response from the Government in the past has been, “Actually, the visa process registration is not terribly onerous and GP practices can do it.” They point to the numbers that have and do, which is fine as far as it goes, but it does not answer the question of why we put a barrier in the way in the first place. It should not be a cost of doing business when we say that we really want to make it as easy as possible.

Equally, it should not be a reasonable thing to put different sorts of doctors on different sorts of levels. It is not reasonable to say to people that, just as they have gone through the most stressful part of qualifying with exams, they should also be thinking about their immigration status. That calls into question their probity when we have things such as the General Medical Council making sure that they are upstanding members of our communities, and many of them have tens of thousands of patients to testify to that.

I do not think it really washes when the Government say that we need to put barriers in place, and I do not think that the Department of Health, where the Minister was previously a Minister of State, would agree, in an ideal world, with the Home Office stance. We could work together across Government to try to secure a sensible outcome.

I have talked about GPs, but there are broader issues around visas for doctors, many of which come back to the Home Office backlogs that I know my right hon. Friend the Minister is working really hard to address. There is a good argument for simply scrapping visa fees altogether for people coming to work in the health service. That is an argument for another day, but when it comes to GPs I think that lowering the five-year limit for indefinite leave to remain to three years is the neatest way to address the issue.

On the broader issues, ultimately this comes back to how many doctors we are training in the UK. We all want, as I said to my hon. Friend the Member for Mid Derbyshire (Mrs Latham), to see more people trained in this country. That is what we are doing and that is what the Government continue to pursue, but until we reach that moment—the NHS has never reached entire self-sufficiency in the UK—we should make it as easy as possible for doctors, dentists, nurses, people working in social care, and all those who work in different parts of the health service, to come to the UK. It is not primarily a question about backlogs; it is a question about process. At the moment there is a degree of bureaucracy that simply does not need to exist.

Marriage and Civil Partnership (Minimum Age) Bill

Pauline Latham Excerpts

Report stage
Friday 25th February 2022 Commons Chamber

[Mr Speaker]

Before we get to proceedings, I remind Members of the difference between Report and Third Reading. The scope of the debate on Report is the amendments that I have selected; the scope of the Third Reading debate to follow will be the whole Bill as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to try to catch my eye.

Clause 2

Offence of conduct relating to marriage of persons under 18

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I beg to move amendment 1, page 1, line 11, leave out “(2)” and insert “(3)”

This amendment would insert the subsection which provides for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage after section 121(3) of the Anti-social Behaviour, Policing and Crime Act 2014 rather than after section 121(2) of that Act.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 2, page 1, line 15, leave out “threats or any other form or coercion” and insert “threats, any other form of coercion or deception, and whether or not it is carried out in England and Wales”.

This amendment would state expressly that for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage, the conduct may take place in England and Wales or elsewhere and may, but does not have to, involve deception.

Amendment 3, page 1, line 17, leave out subsection (3).

This amendment would remove the cross-reference to the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage.

Amendment 4, page 2, line 3, leave out subsection (6) and insert—

‘(6) After subsection (7) insert—

“(7A) A person commits an offence under subsection (3A) only if—

(a) the conduct is for the purpose of causing the child to enter into a marriage in England or Wales,

(b) at the time of the conduct, the person or child is habitually resident in England and Wales, or

(c) at the time of the conduct, the child is a United Kingdom national who—

(i) has been habitually resident in England and Wales, and

(ii) is not habitually resident or domiciled in Scotland or Northern Ireland.”’

This amendment would mean that a person may commit the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage only if the conduct is for the purpose of causing a child to enter into a marriage in England or Wales, or the person or the child has a specified connection to England and Wales.

Amendment 5, page 2, line 4s, leave out subsection (7).

This amendment would in respect of the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage remove the exception for marriages of 16 and 17 year olds that take place in Scotland or Northern Ireland, so that conduct related to such marriages may amount to an offence.

[Mrs Latham]

I am pleased to speak to these amendments, which I am confident will make the Bill clearer and cleaner, and provide more effective, targeted and proportionate safeguarding. Before I come to the details of the amendments, I remind hon. Members of the purpose of clause 2, to which all five amendments relate.

Clause 2 will create a new part of the forced marriage offence within the Anti-social Behaviour, Crime and Policing Act 2014. Currently, it is only an offence to cause a child to marry if violence, threats or another form of coercion are used, or if the child lacks capacity to consent to marry under the Mental Health Capacity Act 2005. It is not an offence to cause a child to marry if coercion is not used and the child is not covered by that Act. As I set out on Second Reading in November, this is a real loophole. To ensure that all children are protected, the Bill needs to ensure that it is always an offence to cause a child under the age of 18 to enter into a marriage, whatever the methods used.

I propose to start by going through the first three broadly technical amendments, beginning with amendment 3. The existing offence of forced marriage contains a subsidiary offence of deceiving someone into going overseas with the aim of forcing them into marriage there. That is an important addition, because such behaviour is far from uncommon. As it stands, the Bill expressly extends that deception offence to encompass the behaviour entailed in the new offence. However, on reflection, Ministers and I feel that it is not necessary. The new offence that we are adding, of causing a child to marry, refers to

“any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday, whether or not the conduct amounts to violence, threats or another form of coercion.”

That would include deceiving a child into going overseas. That means that the provision in the original Bill is unnecessary duplication, and it makes the law less clear than it could and should be. Amendment 3 would remove the express extension of the deception offence to cover the conduct entailed in the new offence of causing a child to marry. I would like to put beyond doubt, on the record, that that new offence does include deceiving a child, be that into going overseas or otherwise.

To reinforce this, amendment 2 adds specific reference to “deception” as one of the types of conduct that it might encompass, as well as specifying that it does not matter whether or not the conduct was carried out in England and Wales. Finally, and purely consequentially, amendment 1 merely moves the new offence of causing a child to marry from before the deception offence to after it, where it more naturally fits.

Amendments 4 and 5 make substantive changes to the nature of the offence, in such a way, I believe, as to improve the Bill. They relate to the jurisdictional scope of the offence—the scenarios that can lead to prosecution, based on where the parties are, where they live, what their nationalities are, and where the marriage is to take place. Currently, the new offence of causing a child to marry essentially inherits the jurisdictional scope of the existing forced marriage offence. It also required a carve-out provision—clause 2(7) of the original Bill—which removed liability where marriages of 16 and 17-year-olds take place in Scotland or Northern Ireland. Hon. Members will be aware that that was necessary because marriage policy is devolved and the age of marriage is different in those countries.

On reflection with Ministers, that presented two problems. First, those wishing to carry out a child marriage in England or Wales would, in many cases, have been able to get around the offence simply by having the marriage take place in Scotland or Northern Ireland—I refer to that as the “Gretna Green” exception. Secondly, the law as drafted would inadvertently include UK nationals resident in Scotland, and Northern Ireland residents who, perfectly legally under their own law and under the law of another country, wished to marry at 16 or 17 in that third country. That could be seen as a lack of respect for the devolution settlement. It is evidently not appropriate for the law to reach that far, but on the other hand, we would like to close the Gretna Green loophole. I am therefore grateful to Ministers for their help and support in reaching a solution that both respects the devolution settlement and removes that dangerous loophole.

Amendment 5, which is the first part of the solution, removes the current exemption in clause 2(7) for marriages of 16 and 17-year-olds taking place in Scotland and Northern Ireland. That will remove the Gretna Green exception. However, the offence would then cover all UK nationals marrying overseas, which could include those living in or domiciled in Scotland or Northern Ireland, where child marriage is—unfortunately—still legal. Amendment 4 will therefore make the jurisdictional provisions more proportionate and targeted while still ensuring maximum safeguarding. That will provide that a person can be prosecuted in one of three situations.

[Mr Richard Holden (North West Durham) (Con)]

Will my hon. Friend, like me, welcome the fact that Northern Ireland is consulting on raising the minimum age of marriage to 18? Will she join me in expressing a desire that the Scottish Government should reflect on that and do the same?

[Mrs Latham]

My hon. Friend makes an important point. Northern Ireland is consulting, and I think that Scotland is about to do so. That is so important, because, if they do not change, they will not reflect the sustainable development goals that they have signed up to along with us. If they want to abide by those goals, they will have to move forward on that. I look forward to us being one nation all doing the same thing. I thank him for that point.

The first situation is if a marriage is to take place in England or Wales. It can never be right for us to allow the marriage of a child to happen within our borders. The second situation is if the perpetrator or victim is habitually resident—they ordinarily live—in England and Wales. That will ensure that we protect children who live in this country and that those people who live here obey our rules and norms. The final situation is if the child is a UK national who has been habitually resident in England or Wales and who is neither habitually resident nor domiciled in Scotland or Northern Ireland. Domiciled is a slightly different concept from habitual residence: it means the place that someone regards as their permanent home, even if they are actually living somewhere else. So, all UK nationals who have at some point lived in England or Wales, unless they live in or have their permanent home in Scotland or Northern Ireland, will be covered.

One of the effects of those changes is, as I indicated, to show respect for the devolution settlement in a more effective and meaningful way than the Bill does currently. The offence would no longer encompass situations where a parent arranges for their 16 or 17-year-old UK national child who lives in Scotland or Northern Ireland to marry outside the UK, so it would not stop such Scottish or Northern Irish children from exercising the rights under the laws of those countries.

We did consider removing the UK national criteria of the offence in its entirety, but that would mean that, when it came to marriages happening outside England and Wales, we would have had to rely solely on habitual residence, which is a fluid property that can be lost if a person has sufficiently severed their ties with England and Wales. The Girls Not Brides UK coalition, who are experts in this area, were concerned that that could cause perverse behaviour, namely that parents might keep their children overseas before causing them to marry until such time as they lost their habitual residence and, therefore, the protection of the law.

We have therefore kept the UK national criteria, but only for a child who has been habitually resident in England and Wales at some point in their life, to ensure intervention in matters overseas only if there is a reasonable connection to England and Wales. Out of respect for the devolution settlement, the offence would apply only if the child were not at that time habitually resident or domiciled in Scotland or Northern Ireland.

The amendments will create a more rounded and focused regime. As such, I commend them to the House.

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

I am delighted to respond to my hon. Friend the Member for Mid Derbyshire (Mrs Latham), both for her continued steerage of this vital Bill and for tabling these important amendments. It will not be me who responds to the final stage of the Bill, so, if I may, I will put on record my appreciation, and that of the entire House and I think the whole country, for the work she has done over her whole parliamentary career.

--- Later in debate ---

[Mrs Latham]

May I begin by thanking the Public Bill Committee, which met on 12 January to consider the Bill in detail? The Committee submitted the Bill to detailed scrutiny, and I am confident that the cross-party spirit that has run throughout this process has made it a much better piece of legislation.

After Second Reading in this House on 19 November last year, I was inundated with media and interview requests to talk about child marriage. Many of the issues and specific cases that hon. and right hon. Members from across the House raised were ones that there is not enough awareness of. Indeed, I am absolutely delighted that two of the incredibly brave survivors of child marriage whose stories I told in November, Payzee Mahmod and Farhana Raval, are here today in the Gallery to witness this historic moment, when the House of Commons will vote to end child marriage in this country.

Child marriage exists as both a legal and a social phenomenon. We in this House can, and I hope that we will, change the legal position by criminalising those who arrange child marriages and refusing to recognise unions involving children. However, the social aspect—raising awareness of child marriage among children, parents, educators, social care professionals and community leaders—is equally important. We must send a message that child marriage is illegal and is unacceptable under any circumstances.

[The Secretary of State for Health and Social Care (Sajid Javid)]

May I take this opportunity to commend my hon. Friend for her tireless campaigning on this most important of issues? She has shown hon. Members and the public exactly why child marriage is child abuse and why it is absolutely right that we put an end to it.

[Mrs Latham]

I thank my right hon. Friend for that, and he is absolutely right. I know that he, too, has been passionate about raising awareness about this issue. If it were not for his now being Health Secretary, I would not be doing this today, because he had the private Member’s Bill, which I never got, and he generously gave it over to me. He did that because he knew that I had been working with the charities represented in the Public Gallery for many years. So I thank him for the help he has given in my being able to do this.

It is undeniable that changing this law and making it unequivocally clear that it will be illegal to arrange any child marriage, whether for a boy or a girl, in England and Wales, irrespective of alleged consent, coercion or persuasion, is a huge step in the right direction, because many children are brought up to believe that this is the norm, but it is not the norm in this country to be married as a child. This legislation will send a huge message out and that is the purpose of the Bill. Let me briefly mention the effect of each of its key provisions. First, the Bill will remove the exception that currently allows 16 and 17-year-olds to get married and to enter into a civil partnership with parental or judicial consent in England and Wales. People who are too young to consent for themselves are too young to be married. Getting married is a huge decision, no matter at what age someone decides to marry. The existing law has been in place for more than 70 years and reflects social values from a different time, one in which a school leaving age was 14 and the average age for marriage was just 23. Many girls like my mother left school at 14 and went to work. In that context, a marriage at 16 was not unreasonable. Of course, there were many shotgun weddings before the age of 18 where a pregnancy was involved, because in the eyes of many being pregnant without being married was a sin. This was before contraception and life is completely different now.

Now, the Government have legislated to ensure that all children must be in education or training until 18, providing greater opportunities for academic and professional development for all children. Furthermore, the average age for marriage is now over 30. There are substantially fewer than 200 children utilising this exception every year, which is evidence that as a society we are moving away from this practice. So there is a real need to remove that exception. When I have tried to bring this before the House previously, I have been told by previous Ministers, not the excellent Ministers we have in place today, that it was not relevant, because there were so few cases and it did not really matter.

[Mr Holden]

My hon. Friend says that it is the children using this exemption, but in Committee, where I supported her, she made the point powerfully that it is not children using the exemption, but their family members, who are seeking to pressurise them into marriage. That entirely shows the point of this piece of legislation.

[Mrs Latham]

My hon. Friend is right: this is about coercion, persuasion and accepting that this is the norm in a family. It is not the norm, and should not be, in this country. If a child is unable to sign that piece of paper to say that they are getting married, they are too young to have somebody else do it for them, and to persuade them and make them get married at that stage. So this Bill is very, very important. The impact on those children who wish to take advantage of the exception will be minimal. They will only have to wait a maximum of two years to marry; if they are 16 and a half, it will be only 18 months. So we are talking about only a very short time, although I do accept that when someone is 16, two years seems a very long time—in reality, as all know in this Chamber, that is not true. The impact on victims of child marriage around the world of England and Wales setting its legal aid of marriage unambiguously at 18 will be enormous.



The second key provision will make it a crime to organise any unregistered marriage involving a child in England and Wales. This is a huge part of the problem we are trying to solve. As I set out on Second Reading, the cases of child marriage in the UK that cause the most concern often do not show up in the statistics. Of the cases involving potential child marriage reported to the Home Office-commissioned national honour- based abuse helpline, delivered by Karma Nirvana—representatives of which are in the Gallery today—in the year to September 2021, only four related to civil marriages. There are almost 20 times as many cases that involve only a religious ceremony—more than 95% of all cases—and those are the people who go to Karma Nirvana for help, so Members can imagine how many do not do that and are persuaded to be married.

We know from the experiences of Payzee—who is also in the Gallery—among many others that the religious ceremony is the most important part of the marriage in the eyes of the family and the community of the child. They do not need the registered part: they are not interested in that. It is the unregistered part that makes the difference for them, and currently, there is no age limit on an unregistered marriage. The only requirement is that it is not forced, and we know that under the current law, proving a forced marriage where it involves children is extremely difficult. The Girls Not Brides UK coalition, which has done so much in the campaign to end child marriage, has been involved in shocking cases where the child being married was under 10 years old.

Therefore, my second key provision updates forced marriage legislation to create a new offence of arranging the marriage of a child. This offence will be triggered by any conduct that causes a child under 18 to enter into such a marriage, whether civil or religious. Crucially, unlike with forced marriage, there is no need to prove coercion or control. This takes the onus away from the child to show that their marriage was forced, and will make prosecutions easier and the deterrent that much stronger. I should make it absolutely clear that this criminal offence is not about criminalising the child. The child is the victim in every single case; the criminals are the adults who organised these marriages.

A key provision that I would like to highlight is the provision of extraterritoriality. The Girls Not Brides UK coalition, as well as the Government’s forced marriage unit, have seen plenty of evidence to suggest that very often children who live in the United Kingdom are being taken abroad, often to a country where extended family live, in order to be married. Sometimes, they are taken abroad for just a few weeks, but sometimes they are taken abroad for many months or years—as in the case of Farhana, who is also in the Gallery today. It is crucial that the offence captures that conduct, because it is just as damaging to the future prospects and life chances of the victims as a marriage that takes place in the United Kingdom. If a child is out of education for months or even years, they will find it much harder to enter the workplace and become economically productive, if they ever do so.

I have been working very hard with the Government since the Committee stage to ensure that the Bill is comprehensive and covers as many situations as possible. My thanks go to the Ministers and the teams of officials who have worked so hard to get it right, resulting in the amendments on Report. I did not want to come back next year or the year after with more amendments; I wanted the Bill to be right from the start, because loopholes need to be closed. Therefore, I am delighted that this Bill will cover not just marriages taking place in England and Wales, but marriages anywhere in the world involving a child or a person who lives in England or Wales, as well as those involving UK national children who have at any point lived in England or Wales. That offers a huge amount of protection to all children growing up in this country, and removes any incentive for parents to leave the UK in order to avoid our marriage law.

Having considered the Bill’s key provisions, I shall briefly reflect on its importance. Primarily, the Bill is important because it will offer protection from marriage to every single child who grows up in England and Wales, forever. At a stroke, it will stop both registered and unregistered marriages under the age of 18 and ensure that this protection cannot be avoided simply by someone temporarily leaving the country. I often talk about safeguarding futures, because that is what we are doing: safeguarding children’s futures so that they can have decent lives.

Child marriage is so harmful to the future prospects of the victims and almost always results in their leaving education, thereby reducing their career prospects and overall life chances. Before I came to this place, my political background was in education, which I firmly believe is the most powerful tool we have to create opportunities for young people. It is an enormous disadvantage if young people are deprived of education—an education that we in this House have determined to provide up until the age of 18—because of child marriage.

It is not an understatement to say that the Bill will protect and affect the lives of literally millions of young boys and girls in this country. It will protect them from child marriage and enable them to have the best chance in life, because they will be able to continue in education until the age of 18. It will also strengthen their ability to say to their parents, “I want to go to university” or get an apprenticeship or a job. It will be much easier, because at 16 a young person is totally dependent on their parents and cannot live independently.

The legislation’s implications will be felt not just in the UK. The UK is committed to achieving the UN’s sustainable development goals, target 5.3 of which is to

“eliminate all harmful practices, such as child, early and forced marriage and female genital mutilations”

before 2030. This applies specifically both to religious and to non-religious child marriages. The UN Committee on the Rights of the Child recommends that there should be no legal way for anyone to marry under the age of 18. The Bill will therefore also help the UK to set an example to the rest of the world by prioritising children’s futures. The UK will finally be in a position to take a lead on child marriage around the world and on championing children’s futures. To be able to persuade other countries of the importance of banning child marriage, we must first ban it ourselves. When we have said to countries, “You need to raise the age of marriage,” they have come back to us and said, “Why should we? You don’t—you allow children to marry.”

I have set out the main provisions of my Bill and the enormous impact it will have on children in this country and around the world. Before I conclude, I wish to make an appeal to the Government. I thank the Minister, my hon. Friend the hon. Member for Corby, and his colleague, my hon. Friend the Member for Redditch, who has also worked closely with us on the Bill, for their patience and shared determination that the Bill should be as comprehensive and effective as possible. I am sure, though, that it will come as no surprise to the Minister that I have three final asks of the Government.

First, I impress on the Minister the importance of the Bill’s swift commencement. Clause 7 confirms that the Bill will come into force on the day appointed by the Secretary of State. However, every day before commencement is another day on which child marriage remains possible in this country. Will the Minister please do everything in his power to arrange for commencement to take place as swiftly as possible? In particular, will the Minister give his view on whether, should the Bill make good progress through the other place and pass into law, a commencement before the summer holidays is possible? So many children are taken abroad in the summer and I fear we will be failing in our duties in this place if we do not offer them the protection this summer that we in this House believe is necessary.

Secondly, as I mentioned at the start of my speech, changing the law is only one part of the solution. Changing attitudes and societal norms is the second stage, and I have already raised that with the Department for Education. Will the Minister please confirm that he will work closely with the Department to ensure that both children and teachers are informed about the change in the law in advance of the summer holidays, so that children who are at risk can be spotted? Not only schools will need updated guidance. Will the Minister also please confirm that updated guidance for the police and for the Crown Prosecution Service will be swiftly produced to help in the investigation and prosecution of crimes under this legislation?

Finally, but no less importantly, I would like to note one final point, which is one I regret. Unfortunately, due to marriage policy being devolved, the protections in this Bill extend only to children in England and Wales, or to children with a specific connection to England and Wales. At the moment, the Scottish Government and the Northern Ireland Executive do not have equivalent legislation, so children there will not be safeguarded. They also prevent the UK from completing its international obligations to end child marriage.

However, there are signs of change. The Northern Ireland Executive have launched a consultation on changing their marriage laws, and I hope that the Scottish Government will do the same. Will the Minister join me in a determined lobbying campaign to ensure that our colleagues in the devolved Administrations do the right thing and ban child marriage in their jurisdictions, too? I would be absolutely delighted if, in two years’ time, we were once again debating child marriage in this House to celebrate Scotland and Northern Ireland implementing similar pieces of legislation, so that all UK children would be covered and we would then be able to take out those provisions in this Bill.

In conclusion, I urge all hon. and right hon. Members to support my Bill. It will safeguard young people by establishing 18 as the legal age of marriage in this country, with no exceptions, giving a clear message to all that child marriage is totally unacceptable. Secondly, it criminalises anyone who causes a child to enter a marriage, offering protection from child marriage to all children growing up in England and Wales—a protection that applies both in this country and around the world.

Finally, the Bill helps the UK on its way to living up to its international obligations by banning child marriage in all its forms, and encourages the Scottish Government and the Northern Ireland Executive to follow suit. The Bill has the potential to impact millions of young people, and to prevent untold numbers entering into miserable child marriages. For the sake of children growing up now and yet to come, I commend the Bill to the House.

Marriage and Civil Partnership (Minimum Age) Bill

Pauline Latham Excerpts

Friday 25th February 2022 Commons Chamber

[Mrs Latham]

With the leave of the House, I would like to say a few words of thanks. It has been a strange day. I cannot remember any time when a Bill has been interrupted by an urgent question and then continued, so it has been a little strange today. I thank those who came to support me for sitting through not just the Bill, which has been exceptionally long, but the urgent question, too.

I thank all right hon. and hon. Members in this House who have contributed to today’s debate, and also to other debates that we have had through the passage of this Bill. It has been a pleasure to hear the resounding support to end child marriage from every corner of the House. As many people know, I have campaigned on this issue for many years—I think it is five years, but it might be six or even four; I forget. The Bill has been supported every step of the way by the charities that make up the Girls Not Brides UK coalition—Karma Nirvana, the Iranian and Kurdish Women’s Rights Organisation, the Independent Yemen Group, the Foundation of Women’s Health Research and Development and others. They have been tireless in their support. I am delighted that they can be here to witness this House vote to end child marriage. Like the Minister, I thank them for all their hard work, without which we would not be at this stage today. They have been tireless and they have kept us focused to make sure that this is the best Bill that we could possibly have.

I particularly want to thank two of our amazing ambassadors: Payzee Mahmod and Farhana Raval. They have been incredibly brave telling their stories and inspirational for many of us who have gone on this journey. They have shone a light on the terrible consequences of child marriage. I thank Payzee and Farhana for their support.

On the legal side, I must pay tribute to two superb barristers who work with the group: Naomi Wiseman and Dr Charlotte Proudman. We also have two little ones up in the Public Gallery who have also sat through pretty much most of this today. They will not be allowed to get married when they get to 16; they will have to wait until they are 18. The support of Naomi Wiseman and Dr Charlotte Proudman in drafting and their technological knowledge was instrumental in getting the wording of the Bill exactly right.

I have already mentioned the Under-Secretary of State for the Home Department, my hon. Friend the Member for Corby (Tom Pursglove) and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean) Without their advocacy within Government, their incredible support and their willingness to listen time and again to my representations—they must have thought, “Oh, she’s at it again”—we could not have got this Bill to the excellent stage in which it now finds itself. Their officials have also been tenacious, hard-working and supportive, and I thank them for engaging with me and the team of experts at Girls Not Brides UK.

The Clerk of the private Members’ Bills has been incredibly helpful, indeed probably more so than even he realises and I am grateful to him and all the House staff, including those in the Library and the Public Bill Office, who have enabled the progress so far of this piece of legislation. Without Government support, this Bill would have gone nowhere; private Members’ Bills get nowhere without Government support. When I went to see the Prime Minister, he suddenly got what I was trying to do, understood it, supported it, and made sure that Ministers supported it, so I am very grateful to him for his incredible support. I have even had a note from him congratulating me on getting to this stage, so he watches what is going on. I am also grateful to those on the Opposition Front Bench. The shadow Minister gave a very supportive speech on Second Reading in November and demonstrated solidarity with this important cause.

From the start of this process, as a ten-minute rule Bill in the Session before last, via Second Reading and Committee, there have been simply too many parliamentary supporters for me to name individually, but I wish to thank my colleagues on the International Development Committee, including the Chair, the hon. Member for Rotherham (Sarah Champion). She cannot be here today, but she has been a passionate advocate for the cause throughout the process. I also wish to thank, along with many others, the hon. Member for Ealing, Southall (Mr Sharma), who has been a constant source of support. He never hesitated when I asked, “Will you support this?” He said, “Yes” immediately. Like many of the best achievements in the House, this has truly been a cross-party effort.

Finally, I wish to place on record once again my gratitude to the Secretary of State for Health and Social Care, my right hon. Friend the Member for Bromsgrove (Sajid Javid). As Members will know, he was drawn in the ballot for the private Members’ Bills. I have never been drawn in the ballot, but he was on his first time of entering. I was so delighted when he was appointed to the Government as then he could not take up his place, and he graciously gave up his slot to me rather than turn down the job. Without that gesture, the Bill might not have got here today. It only remains for me to say thank you and good luck to Baroness Sugg, who has watched from the Gallery throughout today and will steer the Bill through the other place. I can think of no more appropriate champion for it and I am delighted to place it in her capable hands. Let us put a stop to child marriage once and for all.

Question put and agreed to.

Bill accordingly read the Third time and passed.