Criminal Justice Bill (Seventh sitting)

Debate between Peter Dowd and Alex Norris

Committee stage
Tuesday 16th January 2024 Public Bill Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

As we have heard, clauses 15 to 17 expand police powers to test for drugs in suspects who have been arrested and are in police detention. Drug testing on arrest was originally introduced as a police power under the Criminal Justice and Court Services Act 2000, which inserted sections 63B and 63C into the Police and Criminal Evidence Act 1984. That legislation gave the police the power to drug test those arrested if aged 18 and over, or charged if aged 14 and over, for the presence of specified class A drugs if arrested or charged either for a trigger offence or where a police officer of at least the rank of inspector has reasonable grounds to suspect that specified class A drug use has caused or contributed to the offence and authorises the test. Trigger offences include theft, handling stolen goods, going equipped for stealing and possession of a controlled drug if committed in respect of a specified class A drug. We know that such offences have a significant link to substance misuse. Clause 15 expands police powers to test not just specified class A drugs but any specified controlled drug.

We were very keen on such measures 23 years ago in relation to class A drugs, and we support their expansion to include any specified controlled drug; my anxiety stems from the fact that, as my hon. Friend the Member for Birmingham, Yardley mentioned, we heard in the evidence session and we know from engagement with our local police forces that there is not likely to be the capacity to do this effectively.

The Minister said that there are record police numbers, but he knows that there are 10,000 fewer police in neighbourhood settings. His pushback to that in previous debates has been to classify response police as neighbourhood police, but they would certainly not be able to do this type of activity. The burden of proof is on the Minister and the Department to show where the capacity will come from. We have real doubts, although we hope the measure will work.

[Peter Dowd (Bootle) (Lab)]

Does my hon. Friend agree that the measure seems to be in contradiction to the position that many police forces are in? Because they lack resource capacity, they are withdrawing from dealing with issues relating to mental health and are saying, “We don’t have the capacity to do it.” Does my hon. Friend agree that this measure will put more pressure on police forces at a time when they are having to withdraw from some operational interventions?

[Alex Norris]

I am grateful to my hon. Friend. Routinely or in extremis, demand pressures can push officers to do just the basics—keeping people safe and putting people in detention—rather than dealing with the broader issues, as we want them to. That problem creates further issues, and that is a challenge for us all.

[Alex Norris]

The evidence from Humberside was strong and gave us encouragement to expand the scheme nationally; the challenge will be whether we see the same level of thought in its implementation across the country as we saw in Humberside. As my hon. Friend the Member for Bootle said, the risk is that forces will apply the scheme by simply not responding or turning their phone off, and displacing the activity. Humberside is a really good example of something done thoughtfully and well, but we should not assume that we will see that nationwide.

[Peter Dowd]

On the point that the Minister made in his intervention, does my hon. Friend agree that the issue is circuitous? The reason why the police were involved in mental health interventions in the past, although they are pulling away from them, was that there were such strains and stresses on the health service and local government that they had to fill the gap. Does my hon. Friend agree that this is getting to the farcical stage, with gaps in resources left, right and centre?

[Alex Norris]

Sadly, it has been a defining feature of the past nearly 14 years that we have been left dealing with significant issues such as substance misuse at the latest and most expensive stage, and that is particularly pertinent in policing. We deal with mental health issues, to the degree that we do deal with them—certainly for children and adolescents, that is definitely not the case universally—at the point of crisis. We do not have earlier interventions.

My amendment 133 seeks to add a little bit of that back in. It is a point of agreement across parties that, if individuals are in custody for crimes that they are alleged to have committed and they test positive for substances in their system, then that support is necessary—it is critical—to stop their drug use and hopefully change their life. My amendment refers to that, and I will get to that in a second. Currently, under the Drugs Act 2005, an individual who tests positive for a class A drug may be required to attend an individual assessment relating to their drug use and possibly a follow-up assessment. I think that we can go a little further than that, as my amendment does.

--- Later in debate ---

[Alex Norris]

I beg to move amendment 61, in clause 19, page 15, line 17, at end insert—

“(8) A constable may search a specified premises for specified items without obtaining authorisation under subsection (1) if the constable believes that the search is necessary for the effective identification of stolen goods.

(9) If a constable conducts a search by virtue of subsection (8), they shall inform an officer of at least the rank of inspector that they have made the search as soon as practicable after the completion of the search.

(10) An officer who is informed of a search under subsection (9) shall make a record in writing—

(a) of the grounds for the search;

(b) of the nature of the items sought;

(c) confirming that the officer would have given their authorisation under subsection (2) had the constable sought it.”

This amendment aligns the power given under Clause 19 with that in section 18 of the Police and Criminal Evidence Act 1984, and enables a police constable to undertake a search for stolen goods without a warrant without obtaining authorisation from a superior officer.

Clause 19 is one of the more significant clauses. It introduces very significant new powers of entry, search and seizure without a warrant. That is not without controversy, as I think we will cover in the next three debates. Amendment 2, which proposed to leave out clause 19, has not been selected for debate, but it is worth noting that it received quite a lot of signatures spanning a very broad range of parliamentarians across the Conservatives, the Lib Dems and the Democratic Unionist party. Clearly, a significant range of colleagues with significantly different world views are discomforted by these provisions. That is always an interesting and important sign that we should get something right.

Again, I subject this to what my constituents think and the conversations that I have had with them in the past. So many items are now fitted with a GPS or geolocation tracker, but it is a matter of considerable frustration and no little confusion that the fact that we know where an item is does not provide appropriate grounds for a constable to retrieve it. That is deeply frustrating and, as we have seen in the explanatory notes and heard in the evidence sessions, is a problem that the clause seeks to solve.

The clause inserts into the Theft Act 1968 proposed new section 26A, which confers power on a police officer to enter and search any premises for stolen goods without a warrant. Under the current provisions in the Theft Act, a warrant would have to be issued by a magistrate before such a search could take place. Given the nature of the enterprises that pinch digital technology or expensive bikes, or that may even be stealing cars to order, we know that that delay involved could mean that our response is far too late and that the moment for retrieval, for detection and perhaps for breaking up an organised group of criminals has been missed.

Clause 19 goes on to state the parameters for the new power whereby the need for a warrant can be bypassed—namely, that a police officer of at least inspector level must authorise a constable to enter premises and search for the specified items, in this case stolen goods. It also sets out the conditions—namely, that the police officer of at least inspector level must be satisfied that there are reasonable grounds to believe that the items have been stolen, that they are on the premises and that it is not reasonably practicable to obtain a warrant without frustrating or prejudicing the search—and that authorisation can be oral or written. Again, this process seems reasonable, given that the crime that it is concerned with often involves the rightful owner having that degree of tracking information and being able to provide it to the police, showing the precise location of the stolen goods, but at present the police cannot do anything about it.

There are certain checks and oversights. A uniformed constable must conduct the search; it must happen within 24 hours of authorisation, although I suspect that such searches will take place much more quickly than that; and it must be done at a reasonable hour. Again, in principle we support these measures; without wanting to prejudge the stand part debate, I need to establish that context before I can turn to my amendment.

The current process for obtaining warrants to search properties for stolen goods with tracking information can be an inefficient use of police and magistrates’ time. It hampers investigations and allows criminal enterprises to benefit from their activities, using the slowness of the authorities to do things much more quickly, and obviously we know that that can have a knock-on effect for further crimes as well.

An interesting point was well made in the evidence session when we heard from Superintendent Nick Smart of the Police Superintendents’ Association. He challenged the Committee about why the Bill appeared to sit differently from existing powers set out in section 18 of PACE. Amendment 61, which I have tabled, sets out to probe that issue.

Section 18 of PACE allows entry and search without the prior authorisation of a more senior officer, provided that it is after an arrest and the officer has reasonable grounds to suspect that there is evidence on the premises being searched relating to the offence that has been committed, or to a connected offence. Therefore, there is precedent in current legislation for entry and search without a warrant or prior authorisation, and section 18 of PACE allows for consent to be sought afterwards, with a senior officer at the rank of inspector or above having to sign off on that, saying that they would have authorised the search if they had been there in that moment. That is also an important caveat.

Amendment 61 merely seeks to align the powers in clause 19 with similar powers in section 18 of PACE. The reason I think that would be quite helpful is that it would be more consistent from an officer’s point of view. I do not think that we would want officers to think, “Ah, am I using section 19 of the Criminal Justice Act or section 18 of PACE?” and therefore asking, “Can I, or can’t I?” The possibility for error is quite clear there.

More importantly, however, I think there would be some clarity for the public, too, because, once again, just as it would be challenging but not unreasonable to ask for officers to be very conscious of the different sections of the powers that they are using—of course they need to know that, although there are times in the heat of the moment when mistakes could happen—I do not think it is reasonable to expect members of the public to hold such things in their minds.

Therefore, consistency in the regime used is important; I think that was the point that Superintendent Smart was making, which is probably a good one. I want to press the Minister as to why that approach was not taken and why his approach is better.

[Peter Dowd]

Amendments 61, 58 and 59 are linked, but I will speak first to amendment 61, a thoughtful amendment tabled by my hon. Friend the Member for Nottingham North.

I want to address an issue relating to the Human Rights Act 1998, which incorporates the European convention on human rights into UK law, with particular reference to section 6, “Acts of public authorities”, which came into force in October 2000. I stand to be corrected, but as far as I am concerned, for the purposes of the amendment, the right to respect for private and family life informs the relevant police powers and sets them in context.

Article 8 of the convention states:

“1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

As paragraph 2 above sets out, it is unlawful under the Act for a public authority to act in a way that is incompatible with the convention right, unless it is compelled or permitted by statute to do otherwise. There is an excellent lecture by Robert Walker entitled “The English Law of Privacy: an Evolving Human Right”, which is well worth a perusal. I am sure that everyone in this room agrees, notwithstanding the current debate among some Government Members in relation to the ECHR more broadly, that article 8 is pretty uncontentious. What is perhaps more contentious is where it is breached. It is important that we keep that in mind.

Criminal Justice Bill (Sixth sitting)

Debate between Peter Dowd and Alex Norris

Committee stage
Thursday 11th January 2024 Public Bill Committees

[Alex Norris]

I commend my hon. Friend the Member for Birmingham, Yardley for offering a powerful dose of reality about what is happening and the risks. We know that abusers will find every possible gap and try to use them to perpetrate their abuse and these heinous crimes. We must follow them and close those gaps the best we can—or, even better, get ahead.

Clauses 11 and 12 make good the recommendations of the Law Commission in its 2021 “Modernising Communications Offences” report. The Minister described that as important and I echo her comments. The clauses also finish what was started during consideration of the Online Safety Bill. We supported it at that point, and the Bill was well scrutinised, so I will not rehash that debate.

The Government amendments extend the provisions to Northern Ireland. I wonder whether there is a different story about Scotland, because most of the Government amendments expand provisions to Scotland as well as to Northern Ireland. I would be interested in the Minister’s comments on that.

I will finish on the point that my hon. Friend the Member for Birmingham, Yardley made about institutions. Throughout my time in Parliament, the issue of conversion therapies has been at the forefront. We wish that we were getting on with banning them today—goodness knows how much longer we will have to wait—but we know that very harmful self-harm practices can be part of those therapies. Will the Minister say, in responding to my hon. Friend the Member for Birmingham, Yardley, how accountability will fall in cases like that? That is important; if there is a gap for a certain organisation, perhaps we need to return to this. It might be that we will be assisted by the provision in clause 14 that, where a significant senior person in an organisation commits a crime, the organisation can be held accountable. Perhaps that is the way to close the gap—I do not know. I will be interested in the Minister’s view.

[Peter Dowd (Bootle) (Lab)]

My hon. Friends the Member for Birmingham, Yardley and the shadow Minister have made excellent points. Once we go into this, we start to find that there are areas we need to think out a bit more clearly. We may have to come back to this in due course, potentially in future legislation.

My hon. Friend the Member for Birmingham, Yardley prompted me to think about the headteacher who committed suicide following an Ofsted inspection. The coroner’s court directly attributed that—partly, at the very least—to the institutional impact that that organisation had on her. Does my hon. Friend the shadow Minister agree that these are very important matters that we have to think through? Once we have let this issue out of the bag, so to speak, we have to very carefully consider the implications further down the line in terms of institutional abuse, because that is what it amounts to.

[Alex Norris]

I am really grateful for my hon. Friend’s contribution. I think that is exactly right. We will hear from the Minister in her reply to my hon. Friend the Member for Birmingham, Yardley where the Government settle on that point. Certainly on the face of the Bill, institutions are left out. I do wonder whether clause 14 would give us the opportunity to reconnect institutions. I suspect that is not the motivation behind that clause, but it may work in that way. Those are pertinent questions that I am sure the Minister is about to address.

Covid-19 Vaccine

Debate between Peter Dowd and Alex Norris

Tuesday 10th November 2020 Westminster Hall

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve under your chairship for the first time, Mr Dowd. I am grateful to the hon. Member for North Herefordshire (Bill Wiggin) for initiating today’s debate on this topic. Timing is everything in politics, and his is clearly spot-on. Similarly, a rare political skill is the ability to make the complex comprehendible, and he really did that in his setting out of the debate. I do not know who is watching, but I did plug this debate when I was on Sky News at lunchtime, so I hope a few people are, because that was the best explanation that I have heard, and certainly the best one that can be distilled into about 15 minutes, of just how rigorous the process is. I hope people will take from that explanation the reassurance that although we are keen for the vaccine to succeed, there is a rigorous process. It has not been retrofitted to fit the vaccination’s journey, so we should have some confidence in that.

To reflect on the two Back-Bench contributions, when the hon. Member for Strangford (Jim Shannon) referred to it being bit of good news, = he was speaking for all of us. He mentioned the groups that will be prioritised, and I think there will be a high level of consensus on that. Hopefully, it is something that we will settle on very quickly. I was cheered by the hon. Member for Henley (John Howell), who talked about the Council of Europe and the World Health Organisation, because those are exactly the sorts of fora that we need to engage with to get an equitable distribution around the world. It is hard for all of us; this is why political consensus is so important. It is hard for us to tell our constituents why we feel there needs to be a global distribution when people are so desperate to get their lives back to normal, but we know there is both a moral and a pragmatic obligation to do that. The organisations that the hon. Gentleman talked about are exactly the places for those conversations.

On the politics of this, it is really important that we do not mess around or be mischievous with the idea of the vaccine. There is a big public conversation about this. Any look of doubt from us would be magnified significantly. As community leaders, we have a responsibility to say that we trust the process. The outcome is whatever the outcome is, but the process itself is a proper one that we trust. That is certainly what hon. Members will see from the Opposition.

Yesterday’s news on the progress and the efficacy of the vaccine will have cheered all of us. I know that the Government are on record with regard to doses from that particular provider, but when we add in the AstraZeneca-University of Oxford one and the Moderna one, might the Minister be able to tell us how many pre-orders have been put in place for the vaccinations? That would help us to gauge the scale. I know the Government have laid the pitch for the roll-out through the changes to the human medicines regulations, and significant changes were made, including giving the Medicines and Healthcare Products Regulatory Agency the powers to grant temporary authorisation pending the granting of a licence.

I was grateful for the time that the Minister gave me with her and the deputy chief medical officer to talk about those changes, but when will there be a parliamentary opportunity to do so? We need to demonstrate that we have scrutinised this properly because the public want to know that we are talking about these things to the fullest extent. That would also allow us to address the point about immunity from civil liberty that the manufacturers and healthcare professionals are seeking, which is not surprising, but there are important and significant qualifiers around that not extending to sufficiently serious breaches. Will the Minister explain what a sufficiently serious breach would look like, or when we might have an occasion to talk about that further?

On vaccine hesitancy, it seems there are distinct phases. We have the anti-vax movement, which is about the substance of vaccinations to an extent, but it also about a broad range of other things. As our constituency mailbags will reflect, there is also a group of people who are hesitant, which is entirely understandable. They want to know that any vaccination, whichever one it is, is a safe one, but it is telling that last year the WHO had vaccine hesitancy in its top 10 threats to global health—up there with a future pandemic. That is something that we need to be aware of. We know that such speculation and the stuff that moves online at an incredible pace can really damage the process. For example, in Denmark in 2013 there were false claims from a documentary about the HPV vaccine, which led to a decline in uptake among some of the cohorts from levels of around 90%. Similarly, between 2014 and 2017 in Ireland, vocal attacks on the HPV vaccine from the anti-vaccine lobby led to a drop in take-up from 70% to 50%. These things matter. One thing that best counters them is proactive, positive health promotion campaigns. I am keen to hear whether the Government plan to talk about these things to educate the population ahead of time, but, again, it something that we all need to buy into, share and push out on a cross-party basis.

An area where I think there might be a little more room for divergence is delivery. We do not know what the future holds for the vaccine or when things will pop up, but it is reasonable to say that we expect one, and we know the scale of our population, so we have no reason not to have significant plans. When the Health Secretary was pushed on it this afternoon, he said that there were plans, but he was less forthcoming on what they were. I am keen for more detail. Whether it was PPE at the early stage of the pandemic or test and trace, frankly, throughout it, such big-scale planning and logistical exercises have not gone flawlessly. Qualifications could be made when they were being done for the first time, but we cannot repeat those mistakes now that we are, I hope, learning from what has happened.

Again, the Health Secretary has talked quite a bit today in the media and the Chamber about the importance of general practice. As I understand it, the BMA’s GP committee, NHS Improvement and NHS England have agreed an enhanced service for general practice to lead this process. That is good. People will want to see this delivered through the NHS rather than a private company, whether because they believe in its efficiency, as I certainly do, or whether in general they think that will reflect best in the population. That is a wise thing to do.

I understand that it is optional for practices to sign up, so may I get more detail from the Minister on that? If take-up is not good enough, will an alteration be considered? I also want to understand what assessment has been made about GPs’ capacity and workload. As I understand it, the programme requires participants to deliver at least 975 vaccinations over a seven-day period from each designated site—that will require 12-hour days seven days a week, including bank holidays. GPs are already busy, so I am keen to know about what assessments have been made about prioritisation.

I do not have enough time to talk about this properly, but I turn finally to the point made clearly by the hon. Members for Henley and for North Herefordshire: we have to come to an equitable settlement globally, too, and to play a leading role in global organisations as we do so.

[Peter Dowd (in the Chair)]

There will be multiple votes in the Chamber shortly. I call the Minister to speak.