Anti-Social Behaviour, Crime and Policing Bill

Priti Patel Excerpts

Monday 10th June 2013 Commons Chamber

[Priti Patel (Witham) (Con)]

I am delighted to contribute to this Second Reading debate, primarily because, as a number of speakers have highlighted, antisocial behaviour blights the lives of our communities and our constituencies. One of the things that strikes me when dealing with constituency matters relating to antisocial behaviour is that it prevents blameless and innocent victims—citizens—from feeling safe not just in their own homes and their own streets, but in their own communities, which is why I welcome the broad thrust of the Bill and wholeheartedly endorse the Government’s approach to supporting victims and preventing antisocial behaviour.

For many years under the previous Government a vast number of measures were introduced, some of which were well-meaning, but were profoundly ineffective in tackling some of the problems that we have heard about today. The right hon. Member for Leicester East (Keith Vaz), the Chairman of the Home Affairs Committee, mentioned the death of Fiona Pilkington a few years back, which shocked the nation. The horrific story and her plight demonstrated how bad antisocial behaviour could become and the distress that it cause to victims. That tragic case highlighted the fact that the authorities let this family down and failed to do enough to bring an end to the torment that the family suffered.

Despite all the legislation and the introduction of ASBOs, as we heard at the time and as we heard again from the Chairman of the Select Committee, the inquest into those deaths found that the calls to the police and to associated bodies were not joined up and were not prioritised, and that there were problems in gathering and processing information. That was among the most serious cases, with severe consequences for the victims. Importantly, it highlighted the wider issues of the approach taken to antisocial behaviour and the case for wider reform, which the Bill addresses.

The Home Secretary mentioned the community trigger. Although I am pleased to say that my constituency is generally considered a safe place to live, there are certain areas in the town and in the surrounding villages which, unsurprisingly, have been blighted by antisocial behaviour. These occurrences are serious and should be treated as such because they are distressing for those of my constituents who are affected. Equally distressing is the sense among those communities of the paralysis of the authorities, which seem either reluctant or powerless to act, or are bogged down in bureaucracy and therefore unable to seek prompt resolution. At the end of the day, our constituents want to know that something is being done and action is being taken.

I want to highlight some recent cases in my constituency. Families using the park in Maldon road in Witham have been alarmed by groups of young men using the children’s play space inappropriately. It is summer and parents cannot let their children play because men are drinking and behaving in an abusive, intimidating and frightening way in the park. One constituent was so shocked by what happened that she reported to me that the men had been calling over to girls, had tried to involve them in conversation, and had offered them alcohol. We have had recent cases of inappropriate behaviour involving alcohol and persuasion by men in the wrong way. What was worrying for my constituent was the response by the police. They were pretty ineffective, remarking that because these individuals were foreign, they did not understand that it was inappropriate behaviour, and that they were in the park as there was no designated area for them to drink in. That is simply not appropriate. Rather than taking action and making the area safe, the authorities were reluctant to act. Many of us here are parents, and I was disgusted by these events. I am pursuing the case with the local authority and the police because I have been left in no doubt that action should be taken.

Another constituent let me know of a further incident where at 10 pm one evening they called the police as noise from these young men in the park was causing her and her family significant disturbance. They called again at 11 pm as they were being kept awake, but it was not until 1 am that the police arrived on the scene. There are many other such incidents not just in my constituency but throughout the country. At least 2.3 million similar incidents are reported to the police each year. The introduction of the community trigger will help communities that feel let down by the authorities to compel those authorities to take their concerns seriously and to act. I would go further as a Member of Parliament and work with the local authority and other community groups to encourage them to have their voices heard, and the community trigger has an important role to play in that.

My approach to crime and criminal justice matters is to put the victim first. I have been particularly outspoken in the past about the disproportionality in the criminal justice system when victims unfairly have to fight to have their voices heard. For too long the justice system has been skewed in favour of offenders, focusing on help and support for them while neglecting those who are most affected by their crimes. Conservative Ministers deserve credit for refocusing attention on victims, and the Bill goes some way to addressing past deficiencies in the justice system. Victims want action taken promptly to protect them from antisocial behaviour, and they also want to be involved in decisions taken about how the police, the Crown Prosecution Service and the courts deal with criminals. I therefore welcome the duty to consult victims that clauses 95 and 96 place on prosecutors who are minded to offer an offender a conditional caution or a youth conditional caution. The requirement to attach to the conditions reasonable requests made by the victim is a positive step forward. It is disappointing that this has not happened already and there is much more that we can do, but this is a welcome step forward.

The community remedy is also a welcome way to involve victims in the restorative justice process, so that it works for them. However, I seek an assurance from the Minister that no victim will be compelled to go through the restorative justice approach if they do not wish to. Victims can be retraumatised and have to go through a great deal of hurt as a result of that process.

[Robert Flello]

On restorative justice, the hon. Lady will know from the all-party victims and witnesses of crime group that we co-chair that restorative justice can mean different things to different people. Does she agree that perhaps in this Bill, but certainly somewhere, there should be a clear definition of restorative justice?

[Priti Patel]

There is no doubt that restorative justice can mean a range of different things, and there should be a much wider discussion about this. Parliament is best placed to consider this and we should make the victims groups that we work with part of this discussion.

I would welcome an assurance that where a crime has been committed and there is sufficient evidence to take the matter to court, police and prosecutors will proceed with a prosecution if that is what the victim wants. I raise this because many victims are satisfied and have closure once an offender has been brought to court and convicted, rather than have informal action taken against them.

Strong action is also needed on retail crime. Businesses, their owners and those who work in them can be subjected to quite horrific incidents of antisocial behaviour. I say that as someone who has grown up in a family business and seen at first hand how intimidating individuals and groups can be when they target a high street or independent shop and behave in an obscene way. Shopkeepers work long hours and are often under considerable stress and pressure. They need to be supported, and the community trigger will be a useful tool for them.

I urge the Government to look again at clause 133 on low value shoplifting. Owners of small shops in particular will be concerned about what they will see as a downgrading in the treatment of thefts of a value of below £200. Requiring that these be dealt with by magistrates courts and encouraging the use of fixed penalty notices and restorative justice methods can detract from the serious nature of the offence. As well as the stress and pressure, there is also the matter of the cost to the business. More often than not shopkeepers install CCTV and spend a lot of time dealing with the police and providing evidence. Small shopkeepers who may have invested considerably in security measures are already disillusioned with the police responses to crime, and theft has a serious impact on their profit margins. Shop thefts account for about 83% of crime against the retail sector, and the Home Office has estimated that there were approximately 4.1 million incidents of shoplifting in 2012 alone.

Most of the perpetrators will be serial and repeat offenders, so when they are caught, victims and businesses should expect some of these offenders to face the full force of the law, otherwise they will just carry on offending. Less than half of the fixed penalty notices issued for shop theft in 2011 have been paid in full by offenders. Average thefts are valued at £88 and the majority of these thefts are of goods valued up to £25. Introducing the £200 threshold into law will mean that it is possible for almost all of those caught shoplifting to be dealt with outside of court. What kind of message does that send out to hardworking shopkeepers and people who invest in their local economy and generate jobs and growth in their own family?

Just as the Government are giving victims a greater say in how to deal with antisocial behaviour, so we should be empowering shopkeepers and businesses on our high streets, in our town centres and on parades of shops in our estates so that they can get the full support and protection they need from the police and councils to have a say in how offenders are treated. I hope that the Government will look again at that clause.

Finally, I would like the Minister to consider using the Bill to help businesses and individuals affected by Travellers staying on their land without permission, which is a form of antisocial behaviour. There have been a number of incidents in my constituency over recent bank holiday weekends—surprise, surprise—that have highlighted the need to put stronger measures in place. Last month a number of vehicles arrived on the Eastways industrial estate in Witham. Although the police eventually moved them on within two days, they caused immense disruption to local businesses operating on the site. They left behind litter and gas bottles and caused a lot of damage and vandalism to the site. There were also reports of aggressive attitudes shown towards business managers and nuisance behaviour. Those businesses are creating jobs and growth locally. They should not be subjected to such awful behaviour and delays. It took two days to have them removed. Businesses lost thousands of pounds and incurred thousands of pounds in damages, and supplies and deliveries were delayed.

I hope that the Minister can look at ways to use the Bill to strengthen the voice of businesses and communities to prevent such incidents from occurring not only in my constituency, but up and down the country, and to take a firm and reasonable stance to individuals who behave in such a way.

Oral Answers to Questions

Priti Patel Excerpts

Thursday 14th February 2013 Commons Chamber

[Mr Vaizey]

We would not expect that to have any impact on our own proposals. We are well ahead of the game in rolling out superfast broadband. Most of Europe—in fact, all of Europe—sees us as a leader in that respect. I am delighted that we did not introduce Labour’s telephone tax on hard-working people. Instead, we are delivering superfast broadband to the vast majority of people in this country.

[Priti Patel (Witham) (Con)]

18. Rural villages in my constituency, including White Notley and Birch, are desperate to have the same standard of broadband as the urban centres in my constituency. Will the Minister guarantee that every possible effort will be undertaken to secure private and public investment to get the right levels of connections across my constituency?

[Mr Vaizey]

I can absolutely guarantee that I will make every effort to do that, particularly because my hon. Friend’s constituents are so ably represented. I know that she will continue to hold me to account.

European Convention on Human Rights

Priti Patel Excerpts

Tuesday 19th June 2012 Commons Chamber

[Priti Patel (Witham) (Con)]

I was interested to hear the contribution of the hon. Member for Perth and North Perthshire (Pete Wishart), and particularly his analysis of immigration and what Scotland might look like under his vision of immigration.

It will come as no surprise to the House that I, as a British Asian, follow all things immigration with a degree of interest. I not only welcome this debate but applaud the Secretary of State’s statement to the House last week and congratulate the Government on bringing forward this motion on the application of article 8. I say that in relation to everything the motion is promoting.

For too long our immigration system has, as my hon. Friend the Member for Esher and Walton (Mr Raab) highlighted, been left open to interpretation, abuse and the failures of the previous Government to address many issues. Here we are addressing the issue of foreign national offenders and lawyers using human rights as an excuse—the wrong kind of excuse—to cause a range of problems and undermine public confidence in this country’s immigration and criminal justice policies. As has been mentioned, not only did the previous Government fail to address many of the problems that have been touched on today, but their inaction made the situation far worse, which makes the challenge faced by this Government even greater.

Few things have been more damaging to public confidence or caused as much division as what has been perceived as the open-border policy pursued by Labour, which left our borders subject to the consequences of uncontrollable immigration. This is no doubt why, throughout my time as a Member of Parliament, short though it has been thus far, and before then as a candidate, immigration has been one of the most pressing concerns in my constituency when I have been out knocking on doors. Instead of feeling safe and protected by a system that manages immigration responsibly, my constituents have little or no confidence in our ability to protect our borders. It falls upon the shoulders of this Government to redress that balance now, as they are doing.

My constituents are left astounded, shocked and appalled by judgments made under article 8 or other human rights laws that have allowed foreign criminals to walk our streets and commit crimes. We have already heard about some of those crimes this afternoon. My constituents know full well that the immigration and the legal systems defy common sense when criminals such as Mohammed Ibrahim are able callously to kill a young girl and then rely on human rights laws and claim a right to a family life to avoid being deported.

On top of that, the European Court of Human Rights has been blocking us from deporting Abu Qatada. We have had the issue of prisoner votes in this country. All this highlights how powerless Parliament has become when faced with the onslaught of human rights case law. What these decisions by immigration tribunals and judges do is demonstrate that the human rights laws that they are following alongside case law value the rights of criminals over the rights of the law-abiding majority and the victims of crime. They also undermine the entire immigration system, including those who come to this country who are self-sufficient, want to be British, want to contribute to our economy and, importantly, want to abide by this country’s laws.

It is therefore absolutely right that the Government pursue the changes not only to rebalance the immigration system, but to prevent these outrageous and appalling abuses from happening in the future. It is fundamentally important to our democracy that Parliament is able to hold the courts to account and lay down guidance and rules for them to follow. I urge Ministers to press ahead, regardless of some of the hollow criticism that we have heard, because the public expect the Government to act on such issues, to put in place proper controls on immigration and to put an end to the appalling way in which human rights laws have been subject to interpretation.

The Home Secretary rightly said this afternoon that coming to Britain to live and settle is a privilege. When foreign nationals break our laws, show scant regard for our way of life and put the law-abiding majority at risk, they should expect to be deported. They have wilfully chosen to offend, and in those circumstances they have chosen to forfeit their entitlement to remain in this country. The Home Secretary can be assured of my support and the support of my constituents as she presses ahead with these important reforms. This is a positive and welcome motion, but on the wider issues of immigration and deportation, I would like to see further steps. The public expect more proactive steps forward.

We have heard about the 5,000-plus foreign national offenders who were deported last year, but 11,000 remain in our prisons. Under the present rules it is almost impossible to deport some of the 4,000 who are of European origin. I would like to see the motion taken further, although that is not the subject of the debate today. In a future system foreign prisoners who need to be deported should go straight from jail to a plane. That would go a long way in reassuring our constituents and increasing confidence in the system.

I support the motion and hope that it will be the first of a number of positive measures to bring power and decision making back to this Parliament so that we can regain control of our borders and regain public confidence when it comes to human rights issues in this country.

Association of Chief Police Officers

Priti Patel Excerpts

Tuesday 24th April 2012 Westminster Hall

[Julian Smith]

I thank the right hon. Gentleman for his intervention. I am just about to get there. I would like the Minister’s support in getting all of the information on these ACPO companies.

[Priti Patel (Witham) (Con)]

I too congratulate my hon. Friend on securing this debate. It is clear that some significant concerns about transparency have been raised here. Is my hon. Friend able to say something about ACPO perhaps giving some reassurance to the victims of crime whom it has failed through its conduct? My hon. Friend makes an excellent point. She has done some fantastic work with victims in this area. The lack of consideration of both victims and the people whom the police chiefs serve has been the cause of many of the issues I have raised today.

I would like some additional thoughts from the Minister on these companies. For example, what will happen to them when, inevitably, ACPO changes or is wound up? These companies have traded on the taxpayer’s name. Going back to my hon. Friend’s remarks about victims, if there is some benefit from selling these companies, perhaps it could go to the victims. I would be grateful to the Minister if he could tell us how we ensure that the taxpayer fully benefits from the wind-up of these companies.

Towards the end of last year, the Home Secretary told the House in a written statement that a new police professional body was to be created to develop policing as a single profession, representing the entire service and acting only in the public interest. It also envisaged the setting up of a chief constable’s council to enable senior officers to assess and discuss critical operational issues. I understand that ACPO is resisting that development and the idea of becoming part of a broader professional body because it wants to maintain some form of chiefs’ club. As the Home Affairs Committee recently stated, all levels of the police family should be represented in the new professional organisation. Many of the problems at ACPO seem to have come from an arrogance, a lack of challenge from the lower ranks and a belief that command and control means that the chiefs are accountable to no one.

My message to ACPO is that I and a number of colleagues will relentlessly pursue what it has been doing. It will all come out in the end, so get it out now and respond quickly to our questions. What does the Minister see as the timetable for the future of the organisation and what discussions have the Government had with the president of ACPO to ensure a smooth transition to the new body? Can he confirm that the Government are pushing ahead with a new all-level professional body for the police? What measures are the Government taking to ensure that the new body is fully transparent and accountable? The role of this country’s most senior police officers is vital in protecting our country and our constituents, but I urge the Minister and the Minister for Policing and Criminal Justice to reject point blank any idea that ACPO should be retained or revived. Of course there should be a strong professional body for the whole of the police service, and of course there should not be a special cosy club for police chiefs.

Many people involved in ACPO have, at best, been negligent or, at worst, corrupt in how they have managed the resources and opportunities they were granted. I have seen that locally in North Yorkshire, and we have seen it nationally. My hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) found similar issues with the National Police Improvement Agency. The Government’s policing reforms are right, but they should be even bolder. ACPO should be wound up as quickly as possible, and such gold-plated, dodgy clubs for any leaders of public organisations should be consigned to the past.

Oral Answers to Questions

Priti Patel Excerpts

Monday 19th March 2012 Commons Chamber

[Mrs May]

We are ensuring that there is a local voice in the services available to victims and in local policing. It is right that police and crime commissioners will, in due course, be able to commission victims’ services, thus reflecting what is necessary in the local area.

[Priti Patel (Witham) (Con)]

T4. Home Office figures show that between April 2010 and March 2011, more than 150 foreign nationals, previously held in immigration centres but then released into the community, went on to reoffend. What is the Minister doing to deport these individuals?

[The Minister for Immigration (Damian Green)]

My hon. Friend puts her finger on an important issue, and I am happy to tell her that last year we removed more than 4,500 foreign national offenders, many of whom had perpetrated crimes. We believe that when a foreign criminal poses a risk to the public, they should stay in detention, and we always vigorously oppose bail, but the UK Border Agency has to act within the law. However, foreign criminals in the community awaiting deportation will be subject to stringent reporting restrictions, and every effort is always made to remove them from the country as soon as possible.

Home Department

Priti Patel Excerpts

Thursday 20th October 2011 Ministerial Corrections

Deportation: Offenders

[Priti Patel]

To ask the Secretary of State for the Home Department pursuant to the answer of 13 September 2011, Official Report, columns 1131-2W, on deportation: offenders, for how many foreign national offenders subject to Multi-Agency Public Protection Arrangements is their location unknown.

[Official Report, 13 October 2011, Vol. 533, c. 501W.]

Letter of correction from Damian Green:

An error has been identified in the written answer given to the hon. Member for Witham (Priti Patel) on 13 October 2011. An incorrect figure was given in the first paragraph.

The full answer given was as follows:

[Damian Green]

There are four foreign national prisoners subject to Multi-Agency Public Protection Arrangements whom the UK Border Agency is considering for deportation and whose location is unknown.

The UK Border Agency seeks to deport from the UK foreign national offenders who meet the following criteria:

A court recommendation.

For non-EEA nationals—a custodial sentence of 12 months or more either in one sentence or as an aggregate of two or three sentences over a period of five years, or a custodial sentence of any length for a drug offence (other than possession).

For EEA nationals—a custodial sentence of 12 months or more for an offence involving drugs, violent or sexual crimes or a custodial sentence of 24 months or more for other offences.

There may also be other foreign nationals subject to Multi-Agency Public Protection Arrangements whose whereabouts is unknown, but are not subject to deportation consideration by the UK Border Agency.

The UK Border Agency's work on relocating individuals subject to deportation consideration is a high priority and they actively pursue individuals whose whereabouts are currently unknown.

The correct answer should have been:

Protection of Freedoms Bill

Priti Patel Excerpts

Tuesday 1st March 2011 Commons Chamber

[Priti Patel (Witham) (Con)]

It is a pleasure to follow my hon. Friend the Member for Salisbury (John Glen). I shall focus on certain aspects of the Bill, some of which have already been covered, but the pertinent point about freedom of speech has not been lost on the House or, no doubt, the Minister. My hon. Friend certainly made that point very well.

I welcome the Bill not only because of the measures that it introduces, but because it is another demonstration of the Government’s commitment to reversing the intrusiveness of Labour’s big-state, big-government approach to running the country. As right hon. and hon. Members know, the more the state does and the larger the state is, the more powers it inevitably takes away from individuals and the more control it exercises over the public. This legislation sits alongside other Government Bills in taking away powers and control from politicians and bureaucrats and restoring them to the people. I think that that is welcome. It is also a hallmark of a Government who trust people and respect the majority of the law-abiding public instead of automatically treating everyone with a degree of suspicion. By contrast, for 13 years the British people not only had to put up with the previous Government’s “nanny knows best” attitude but had to face the burdens of a Government who were prepared to ride roughshod over civil liberties.

Part 1 of the Bill deals with powers of entry. Despite their claims to support and promote human rights, the previous Government seemed to neglect the rights of individuals to enjoy a private life. It is obscene that the state can exercise some 1,200 different types of powers of entry, with an estimated 20,000—this is probably a conservative figure—unaccountable town hall officials having the right to enter private property without a warrant. There are powers to check anything from the height of hedges, to plant passports, to the energy ratings on people’s refrigerators, and even, bizarrely, households containing dancing bears without a permit. This system has been left unchecked for far too long and has expanded to erode people’s freedoms. I therefore welcome the new measures in the Bill to enable Ministers to review the powers of entry and then repeal those that are absolutely unnecessary or inappropriate, or to include the relevant safeguards. Having such powers on the statute book and open to abuse not only represents an attack on people’s privacy and freedoms but undermines the occasions when there may be a genuine need for powers of entry to be exercised.

Part 2 covers surveillance and CCTV. We hear about bin inspectors going through people’s rubbish, CCTV cameras pointing at people’s homes and being utterly intrusive, councils using powers designed to prevent terrorism to snoop on people, and other frivolous acts of espionage on the private lives of our constituents.

[Bob Russell (Colchester) (LD)]

Part of the hon. Lady’s constituency includes the borough of Colchester. Does she accept from me that there is a code of practice for the CCTV security cameras in Colchester town centre that prevents any of the intrusions that she is talking about? Only public areas and public buildings are covered, not private dwellings, which is particularly important where we have residences in town centres.

--- Later in debate ---

[Priti Patel]

I thank the hon. Gentleman for his comments. I absolutely agree. This shows not only the extent to which we need the Bill but the extent to which some of these powers have got out of control. CCTV must be focused on the correct areas and used in the right way. In relation to CCTV and many of the other areas covered in the Bill, the state has gone too far and has too many intrusive powers. It is shameful that the UK is now regarded as the only endemic surveillance society in Europe, placing us alongside China, Russia and Malaysia.

Although there will often be a fine line between the need, on one hand, to protect the freedom and privacy of individuals and, on the other, to curtail those protections for the benefit of the wider public interest, I welcome the new safeguards on liberty in the Bill, rebalancing the law in favour of our freedoms. It creates standards for the use of CCTV through a code of practice and a surveillance camera commissioner, and that provides more transparency and accountability, which is to be welcomed. I look forward to reading the commissioner’s report in due course and seeing where local authorities, in particular, and other organisations are in breach of the code and, in effect, wasting taxpayers’ money by being far too over-zealous in their surveillance activities.

However, I also believe that CCTV has a very important role to play in the fight against crime, and these measures have the potential to strengthen its effectiveness. Can the Minister therefore give an assurance that the code will also recognise the benefits of some key and vital uses of CCTV? Perhaps that can be done under clause 29(3)(a), which relates to the provisions in the code about

“whether to use surveillance camera systems”.

In the commissioner’s report, perhaps the details on best practice could include how CCTV is being used effectively to detect and prevent crime.

I also say to the Minister that my constituents obviously do not want to move away from the use of CCTV to the point of being overly cautious and fearful of using the technology. We have heard examples from the constituencies of many right hon. and hon. Members. I trust that, in drawing up the code, the Minister will take these points into account. On Friday, when I meet Witham Industrial Watch, a group of businesses that has come together to introduce CCTV across Witham’s various industrial estates, it will want an assurance on this matter. In particular, it will want to hear that we will not create unnecessary burdens on businesses or small shopkeepers who use CCTV in the right way to protect their business interests, staff and property from theft, damage and attack.

Finally, I congratulate the Government on the provisions to restore common sense to the vetting and barring system. We have heard a great deal about that aspect of the Bill in this debate. I am interested in this matter in relation to volunteering, engagement and participation in our communities. We have heard endlessly, for years and years, about the additional cost and bureaucracy of the system, and about how it prevents people from participating in our communities. In my view, that is a bad thing. Change is long overdue to bring back some common sense. I have heard the various views this evening and although we should never water down safeguards and protections, I think that the previous system—Labour’s system—had more to do with treating everybody with a degree of suspicion and almost like criminals than with protecting children and vulnerable groups.

[Neil Carmichael (Stroud) (Con)]

I am grateful to my hon. Friend for raising this issue, and I think there is another element to it. Too many employers seem to think that because CRB checks are made, they do not have to make checks themselves. We must be alert to that danger.

[Priti Patel]

I agree absolutely on that point. There is no doubt that this issue needs some rebalancing and some common sense. This system has had a devastating impact on people who have been wrongly referenced. There should be a more proportionate approach. Hopefully the mistakes will be reduced as well. I want to see measures that protect the vulnerable and our children. This Bill is a step in the right direction and it is a proportionate response in this area.