Criminal Justice Review: Response to Rape

Rachael Maskell Excerpts

Tuesday 25th May 2021 Commons Chamber

[Kit Malthouse]

Obviously, one of the key themes that we wanted to address as a Government is a general sense of safety in the public realm. That is why we are recruiting 20,000 more police officers and working day and night to drive performance on all crime types to create a greater sense of safety and security on our streets for men and women.

I do not accept necessarily, however, that we need a Bill as the hon. Lady has outlined, not least because we have managed to do a fair amount—a huge amount, actually—on violence against women and girls over the past few years through other means, as I set out earlier. We have new offences of coercive control, upskirting and stalking, and on revenge porn. The rough sex defence has been dealt with, and we have introduced modern slavery offences, when women are often trafficked for sex. We have even campaigned on rape being used as a weapon of war around the world. Alongside that are the report we have made on refuges, the domestic abuse helplines and work that we are doing now on the rape review.

That huge package points towards the safety of women and girls. While there is much to be proud of in that, there is still a lot more to do, which is why later this year we will publish a violence against women and girls strategy alongside a complementary domestic abuse strategy.

[Rachael Maskell (York Central) (Lab/Co-op)]

The justice system is in meltdown and the victims of all crime are having their justice delayed and subsequently denied, but survivors of rape and sexual violence are also being denied vital psychological therapy and counselling, since to seek such lifesaving support can be deemed to interfere with the validity of their evidence. Will the Minister adopt Labour’s survivors’ support package as a first and immediate step to ensure that survivors may have their evidence pre-recorded and their cross-examination pre-trial, so that they may access the very help that they need?

[Kit Malthouse]

The pandemic has been extremely challenging for the court system over the past year or so, but we all have a duty not to be hyperbolic in our language—it is not in meltdown. Justice is still being dispensed in the courts, and while delay built up naturally during the pandemic, an enormous amount of work has been done to deal with it, with the opening of Nightingale courts and a massive expansion of capacity. We are seeing progress, so I hope that the hon. Lady will focus on the work that needs to be done to recover from the pandemic. We will see more positive outcomes in the months to come.

New Plan for Immigration

Rachael Maskell Excerpts

Wednesday 24th March 2021 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right; as I have said in my statement, we need to break this trade. That is vital, because people are being used in such an appalling way and human misery is being created. I have outlined already the increases in sentences that we will be looking at—not only sentences for facilitators and people smugglers, but the new powers we will be looking to give Border Force.

[Rachael Maskell (York Central) (Lab/Co-op) [V]]

Immigration is the most defining issue of a Government’s character: do they reach out to protect the most challenged people on earth or turn in on themselves? When a Government do not secure safe passage for people seeking asylum to come to the UK, criminal gangs will exploit them. Will the Home Secretary update the House on what steps she is taking to ensure that her policy is not just about building higher walls for people to climb over, but opening safer doors for people to walk through?

[Priti Patel]

I suggest that the hon. Lady reads the “New Plan for Immigration”, because it is spelt out in there.

Police, Crime, Sentencing and Courts Bill

Rachael Maskell Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op) [V]]

Tonight, I pay my respects to the life of Sarah Everard. As she grew up in York, her loss is deeply felt by me and my community.

Extraordinary liberties have been relinquished to ensure that we kept safe during this last year, but when our liberties are stolen—and, I say this as a woman, at the very time we need them most—the measures in the Bill can only be described as repressive. We have a justice system that is institutionally discriminatory against women; that does not secure high-quality representation for them, that fails to prosecute the most heinous of crimes, that delays cases for years without survivors being able to access vital and necessary trauma services, and that completely fails to keep women safe. The Home Secretary was remiss in her opening speech, since the Bill fails women, fails society and fails to advance our justice. Now is the time when we need to take to the streets and reclaim them, yet the Bill threatens to criminalise us for using our power to force Government and their institutions to change. With economic, social and environmental failure, it is our duty to enable people to exercise their rights, but part 3 of the Bill restrains them.

Let me move on to part 4. I shudder at how the Government are drawing on the darkest periods of history by criminalising Gypsy, Roma and Traveller communities. This demonstrates that the hostile environment continues to fester in the Home Office, and it must be called out.

Before I close, I want to focus on clause 45. I have made a number of representations to Justice and Home Office Ministers, so they will know what I am about to say. It is not just in sport and religious settings where young people have been groomed and abused. My constituent received private tuition—music coaching—and was groomed for two years before being raped. Her case was one of the 99% of rape cases reported, but not prosecuted. Her perpetrator, now known for sexual impropriety, had no DBS check. If he had, she would have been safe. She was failed, and the Bill fails her and many more. All private tuition settings need full safeguarding checks and measures to be introduced. Secondly, host families of international students accommodate young people of different cultures and language. They need the protections covered by clause 45 too. I trust that the Minister will support such amendments.

The Bill is woefully insufficient when it comes to protection yet overtly hostile in disallowing people their rights and their voice. I came to this Parliament to fight for equality, protect the rights of my constituents and advance justice. It is unconscionable not to stand in the way of the repressive ideology advanced in the Bill. I call on the Government to think again and I will vote against the Bill.

Domestic Abuse and Hidden Harms during Lockdown

Rachael Maskell Excerpts

Thursday 14th January 2021 Commons Chamber

[Victoria Atkins]

The Ask for ANI scheme is focused at the moment on victims of domestic abuse. There has been a huge and careful training programme of the pharmacists who are currently participating. Nearly 8,000 members of staff have been trained in Boots alone. They will be very knowledgeable about what to do when somebody walks into their chemist’s seeking help.

My hon. Friend is right that sometimes just getting out of the house is a huge obstacle. That is why I am delighted that we are also funding a rail to refuge scheme to help victims make that railway journey to a refuge as and when they need it.

[Rachael Maskell (York Central) (Lab/Co-op) [V]]

Sadly, 1,500 children in York are growing up in a home where domestic abuse is a factor, according to the office of the Children’s Commissioner. Will the Minister give clear assurances today that victims can have the confidence that, if they Ask for ANI, they will be provided with more than a conversation, but with safeguarded housing, and wellbeing and psychological help for them and their children?

[Victoria Atkins]

I hope that the hon. Lady knows that the training of members of staff has been meticulous. We have created the scheme hand in glove with domestic abuse charities because we are so concerned to ensure the safety of victims. I see it as the first avenue of support. Once the victim is in the consultation room, she or he can set out what they would like to happen. For some it will be a 999 call, for others it will be access to community services, but I hope that the hon. Lady has a picture now of the tapestry of support that we are rolling out locally to try to help victims of domestic abuse.

UK Terrorism Threat Level

Rachael Maskell Excerpts

Thursday 5th November 2020 Commons Chamber

[James Brokenshire]

If it is helpful to my hon. Friend, I can reassure him that Counter Terrorism Policing has asked all forces to review all events over the next 14 days to ensure that appropriate advice and security arrangements are put in place. As we have a heightened threat level, it is important that we reflect on forthcoming events and where communities may be celebrating or marking particular events in the religious calendar. I underline that and recognise that, yes, of course, at this time when communal acts of worship are not permitted, notwithstanding that there will be individual acts of worship, places themselves may be potential challenges, which is why the police are taking that co-ordinated approach in offering reassurance and advice for the good reasons that he highlights.

[Rachael Maskell (York Central) (Lab/Co-op)]

I thank both the Minister for his statement and the security services for the work that they do, day in, day out, to keep us safe. We know that many perpetrators of terrorism are isolated and vulnerable individuals and so taking a safeguarding approach is really important. May I ask him what terms of reference will be in the Prevent review to ensure that a safeguarding approach is taken?

[James Brokenshire]

When I was last in this role a number of years ago, that element of safeguarding was how I very firmly articulated our work in relation to Prevent, to deal with some vulnerable individuals who may be isolated and who may face a whole host of different factors. For many of them, it is about ensuring that we have the right preventive measures and the right support measures in place, which is why so many different agencies are involved.

We are in the final stages of appointing the independent reviewer, and the terms of reference will be discussed with that individual. That will enable the review to move forward and, I hope, ensure that we have the right learning and the right lessons that we can apply so that we take action not only to prevent, but to safeguard.

Birmingham Attacks and Extinction Rebellion Protests

Rachael Maskell Excerpts

Monday 7th September 2020 Commons Chamber

[Kit Malthouse]

I can reassure my hon. Friend that, actually, our streets have been very orderly—often more orderly than usual—during the pandemic lockdown. Indeed, crime has been significantly lower than we would have expected, which is great news, notwithstanding the amplified impact of these protests. I am more than happy to congratulate Thames Valley police, and I will be able to do so tomorrow morning in person, because I am visiting them.

[Rachael Maskell (York Central) (Lab/Co-op) [V]]

Our planet is burning, flooding and melting, meaning that people are starving, migrating, fighting and dying. Should the Government not respond to this climate crisis by urgently bringing forward emergency legislation to mitigate climate crime, rather than plotting to criminalise peaceful and—currently—lawful environmental protectors?

[Kit Malthouse]

We are only criminalising people who commit criminal acts. That is the point, and we shall see where those charges eventually land. As I said, the Government have done an enormous amount on climate change, and while I do not have a problem with being urged to go further and faster, ignoring the progress we have made does no one any service.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 8th June 2020 Commons Chamber

[Kit Malthouse]

I am grateful to the hon. Lady for allowing me to clear up what is obviously a misunder- standing. Throughout the crisis, I have held weekly calls with police and crime commissioners across the country to talk to them about the issues they are facing. One issue brought to us relatively early was cash flow, as a number of forces have faced additional costs during the crisis and they felt that their cash flow—not the absolute cost, but their cash flow—might come under pressure. We therefore agreed to a number of measures, not least advancement of the pension grant and the early delivery of half of the ring-fenced funding for recruitment, to ease that cash-flow pressure. That is a separate issue from the overall cost, and our discussions with the Treasury about that cost and with PCCs are ongoing.

[Rachael Maskell (York Central) (Lab/Co-op)]

What steps her Department is taking to enforce social distancing measures during the covid-19 outbreak.

[The Secretary of State for the Home Department (Priti Patel)]

As we battle coronavirus, I am in constant contact with law enforcement leads, alongside the Policing Minister. We have listened to their needs from the start and empowered our outstanding police officers and forces to reduce the spread of coronavirus and save lives. Of course, central to that are the social distancing measures, and police continue to work constructively across all our communities to engage, explain and encourage, with enforcement the last resort.

[Rachael Maskell]

There is so much confusion now about social distancing. Despite just guidance having been given, in Wales, legislation was made to give the police the powers they need to put this in place, so what discussions has the Home Secretary had with Cabinet colleagues to introduce similar legislation now, particularly as we are seeing lockdown lifted and more danger being presented into our communities?

[Priti Patel]

First of all, when it comes to social distancing measures, the Government could not have been clearer that we all need, in order to stop the spread of the virus and control it—[Interruption.] We do, and from a policing perspective, the regulations are very clear in ensuring that we work constructively with our communities to social distance. As I have said, enforcement is the last resort, and the police have the power to issue fines of up to £100 in the first instance. The hon. Lady will be interested to know that 15,000 fixed penalty notices have been issued from 27 March to 25 May. In Wales, which she mentioned, 1,300 FPNs have been issued, taking the total for England and Wales to just under 17,000.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 28th October 2019 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

One of the greatest casualties of a decade of cuts to policing has been seen in the breakdown in partnerships between local authorities and mental health trusts. So what discussions is the Minister having with those departments to ensure that there is investment in those services and shared funding to move them forward?

[Kit Malthouse]

The hon. Lady is right that the rise in the incidence of mental ill health has caused significant problems across the country, not least to the police. The frontline response teams I have met in the past few months in this job have all highlighted to me the problems they have in dealing with mental health cases. However, the problem has been sorted in some parts of the country, not least in my county of Hampshire, where there is a good relationship between the organisations, such that they are functioning well. I would like to take that best practice and spread it.

Free Movement of EU Nationals

Rachael Maskell Excerpts

Wednesday 2nd October 2019 Westminster Hall

[Christine Jardine]

My hon. Friend makes an extremely important point, because unaccompanied minors will find themselves much more marginalised. They will find it much more difficult to come to this country, as everyone will, which is another illustration of why I think this Government have not thought through what leaving the European Union will actually mean, and what the end of freedom of movement will actually mean, to immigration, employment and the economy. We have seen that the Government have papers that tell them what it will mean, but are they paying attention?

On Radio 4 yesterday morning, the Prime Minister said that this Government are working to mitigate the impact of a no-deal Brexit, and of Brexit. Even the Prime Minister knows that there is an impact—a detrimental impact—to be mitigated.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am really appreciative of the hon. Lady’s speech, which is excellent, particularly around the research community. Brexit has a massive impact on my constituency, not least because of the university in it. One of the issues that constituents have raised with me regularly is that they now cannot plan for their future, or that of their family unit. That is because they do not know what will happen if, say, their mum or dad becomes ill and that parent is French or Spanish, or lives elsewhere in the EU. They do not know whether they will still be able, as they are now, to bring family members into their home to care for them, because they do not know whether those family members will still be eligible, if they continue to live in the EU country they are in currently, to come here to be with them. This issue is really penetrating the family unit, too.

[Christine Jardine]

The hon. Lady again makes an excellent point about what we in this country will lose: the ability to be sure that family members who live elsewhere in the European Union can come here and be looked after in our homes, and the ability to go and look after them easily. I am sure that, like me, every MP has constituents who come to them regularly because they have issues with family members who have travelled to other parts of the world outwith the European Union, and they know how difficult it is to go at a moment’s notice if, perhaps, a family member is ill. We should cherish the fact that we have that ability in the European Union.

Returning to the Prime Minister, if he is saying publicly that he is trying to mitigate the effects of a no-deal Brexit, surely that is an acknowledgment that that is not going to be good for this country. A Prime Minister and a Government who acknowledge that they are doing something that has to be mitigated have serious questions to ask themselves.

--- Later in debate ---

[Kit Malthouse]

My team will provide me with the answer shortly, and I will come back to the hon. Lady on that question.

Thus far, 1.7 million people have applied to the scheme and more than 1.5 million have already been granted settled status. In a no-deal scenario, law-abiding individuals will also be able to live, study, work and access benefits and services in the UK until the remainder of the free movement framework is repealed by Parliament at the end of 2020. If they wish to stay beyond that point, EEA and Swiss citizens and their close families will be able to apply for European temporary leave to remain through a new scheme that we will launch after exit to provide them with a bridge into the new immigration system.

The ETLR scheme will be opened by the Home Office after exit. Applications will be free and involve a simple online process and identity, security and criminality checks; successful applicants will receive permission to stay for three years. This will give individuals and their employers confidence and certainty that they can remain in the UK after the end of 2020. Anyone who wishes to stay in the UK after their temporary status expires will need to make a further application under the new points-based immigration system.

On that future immigration system, our vision is for a truly global country where we welcome the brightest and best, where we are more outward-facing, and where we decide who comes here based on what they have to offer and their circumstances, not where they come from. That is why the Home Secretary has commissioned the independent Migration Advisory Committee to review the benefits of a points-based system and what best practice can be learned from other international comparators, including the Australian immigration system. The MAC is also undertaking an existing commission on salary thresholds.

We will announce the details of the UK’s future immigration system early next year, after considering the MAC’s advice on these issues. That will provide time for businesses to adapt ahead of the implementation of the new system from January 2021.

[Rachael Maskell]

Will the circumstances that the Minister describes include the scenario that I raised about family members being able to come to the UK—or vice versa, where EU citizens go to their home state?

[Kit Malthouse]

If hon. Members do not mind, I will finish trying to give broad clarity and then, at the end, give answers to specific questions, which are being provided by my officials behind me.

Post exit, if we leave the EU without a deal, free movement as it currently stands under EU law will end on 31 October, as I said. The Government will make tangible changes at the border to reflect our status outside the European Union. We will introduce visual changes, such as removing the blue EU customs channels and introducing blue UK passports, later this year. We will also supply a tougher UK criminality threshold to conduct at the border and in the UK, to keep out and deport those who commit crime. The Government have also signalled our intention to phase out the use of EEA national identity cards to travel to the UK during 2020. Where we need to legislate to make those changes, we will do so with secondary legislation.

Immediately after exit, EEA and Swiss citizens can continue to enter the UK with a valid passport or identity card. They will be able to use e-gates if they have a biometric passport, and they will not require visas.

Water Safety and Life-saving Equipment

Rachael Maskell Excerpts

Wednesday 24th July 2019 Commons Chamber

[Alison Thewliss]

I agree with that, and I think there is a lot more to be said for co-ordination of action and for making sure that more happens and there is not a piecemeal approach to water safety around the UK.

[Rachael Maskell (York Central) (Lab/Co-op)]

Tragically, over Easter we lost five people in York’s rivers. In York we continue to have one of the highest levels of river deaths in the country. On Saturday, I had the privilege of going out with York Rescue Boat, a voluntary organisation that does tremendous work to maintain river safety, and the fire and rescue service. Their plea was for some specific funding for training, equipment and facilities, because they, too, have faced issues with equipment being tampered with. Does she agree that we should have specific funding for river safety?

[Alison Thewliss]

I sympathise with the families of those who have lost loved ones in the York area. The circumstances that the hon. Lady describes sound absolutely awful. I agree that more needs to be done on funding for these organisations, because it feels very much to me as though a lot of this is left up to charity and the good will of local organisations or councils rather than our having a specific pot of funding.

Incidents of drowning are, fortunately, decreasing in Scotland. Water Safety Scotland noted that there were 78 water-related fatalities in Scotland in 2018, down from over 100 in 2013, but that does not mean that we should be complacent. We need to continue to ensure that people do not lose their lives in the water. I note that the Scottish Government have designated 2020 the Year of Coasts and Waters. That seems as good an opportunity as any to discuss some issues to do with water safety, as well as exploring the virtues of our coasts and waters and the wider environment.

I am grateful to the Scottish Fire and Rescue Service, which responds to water incidents as part of its duties. It provided statistics that revealed that it attended 79 incidents on the Clyde last year, which is an increase of 13 on the previous year. It has a 3:1 ratio of rescues to fatalities, which is heartening, but there have been a few incidents in Glasgow recently that give me pause for thought as I cross the river in the course of my day; I can see the tributes to loved ones who have been lost.

We are very fortunate in Glasgow to have not only the water safety working group, but a dedicated organisation—the Glasgow Humane Society—watching over the safety of people using our waterways. The society was founded in 1790 by members of the Royal College of Physicians and Surgeons of Glasgow, which employed an officer to carry out the practical work of drowning prevention, rescue and the recovery of bodies from the river. Since then, it has sought to pursue water safety issues in Glasgow and the wider world, and it is now under the stewardship of the great George Parsonage. The Clyde runs in his blood, he having taken on the vocation of his father, Benjamin Parsonage, in the Glasgow Humane Society, and his family are very much involved in the organisation in a voluntary capacity.