Domestic Homicide Sentencing Review

Baroness Maclean of Redditch Excerpts

Wednesday 30th November 2022 Westminster Hall

[Rachel Maclean (Redditch) (Con)]

I beg to move,

That this House has considered the Domestic Homicide Sentencing Review.

It is great to see Members here, and I thank the House for allowing time for this vital debate. I believe this Government have a strong and world-leading record on tackling violence against women and girls. I am very proud of what the Government have done, including, to name just a few, the violence against women and girls strategy, the Domestic Abuse Act 2021, the domestic abuse plan and the “Enough” campaign—a multimillion-pound public education broadcast campaign aimed at achieving long-term behaviour change and preventing public sexual harassment and domestic abuse.

Time does not allow me to give a comprehensive summary, but I am confident that the debate today will receive a positive hearing from the Minister. It deals with the most serious form of violence, which is where the violence ends in the death of a victim.

Last week, I spoke to two bereaved mothers of beautiful, young, talented daughters who had their whole lives ahead of them, but were murdered by their male partners. It was impossible to come away from a meeting with Carole Gould and Julie Devey, the mothers of Poppy Devey Waterhouse and Ellie Gould, without feeling heartbroken and devastated, not least because Poppy was about the same age as my daughter. I feel her mother’s pain only too intensely.

Carole and Julie are just two parents bereaved as a result of domestic homicide. There are too many more, and too many for me to refer to each one by name, but that in no way diminishes their pain or trauma. In researching this debate, I read hundreds of stories. Each one is harrowing. I want anyone watching or reading this debate to know that their loved ones are not just a set of words on a page, or a statistic that we can flick past and forget. As Her Majesty the Queen Consort said yesterday in her first major speech since she ascended to her position,

“we refuse to be desensitised by cold facts and figures and we resolve to keep the names and the memories of these women alive.”

Domestic homicide means that the victim is killed by someone with whom they are closely connected—either their intimate partner or family member. Before I go any further, I want the House to be in no doubt about the facts. Men and boys can be, and are, victims of domestic abuse and homicide. Government policy rightly can and does take account of that, but in the context of the United Nations campaign to raise awareness of violence against women, it is also a fact that domestic abuse is a gendered crime. In that context, I will keep the focus of my remarks on female victims.

Women are much more likely than men to be victims of domestic homicide. Forty-nine per cent. of all female homicides and 10% of male homicides are domestic homicides. Home Office data for the past three years records 207 female victims of domestic homicide who were killed by their male partner or ex-partner, compared with 29 male victims of domestic homicide killed by a female partner or ex-partner.

Poppy and Ellie’s killers were caught and sentenced, but the court cases did not bring justice for their families and friends. Poppy’s murderer, Joe Atkinson, was sentenced to a minimum term of 16 years and two months, and Ellie’s murderer, Thomas Griffiths, who was sentenced as a child, got 12 years and six months. The families point out that had the killers taken a knife out of the home and gone to the local park to stab their daughters, they would have received a much higher sentence, with a 25-year starting point, but most domestic homicides take place in the home, meaning that a knife is not taken to the scene; it is already there in the home. That automatically reduces the available sentence starting point to a minimum tariff of only 15 years.

Carole and Julie point out that overkill is overlooked. Overkill is a typical feature of domestic homicides; they are often frenzied, brutal and violent, involving excessive, repeated use of force or injury way beyond what is needed to achieve the actual killing, yet that does not add any significant time to the sentence.

[John Cryer (Leyton and Wanstead) (Lab)]

I agree with everything that the hon. Member said. I wish to place on record a similar case from Leyton in my constituency: Linah Keza was murdered by her former partner in the home in a very frenzied attack. Does the hon. Member agree that, very often, the system lets down these women? In this case, the police repeatedly refused to take any notice of threats to her, one of which was recorded, and a police officer told the attacker, Ms Keza’s former partner, that he was fine to visit her unsupervised.

[Rachel Maclean]

I thank the hon. Gentleman for bringing that case to the House’s attention. As I said, I have read about hundreds of such cases. It is very important that the police and all the frontline services put into practice the training that they now have to deal with these issues. I will come on to my recommendations later.

For many women, the murder comes after they have experienced domestic abuse, including violence or coercive and controlling behaviour. An overkill element also means that the family members’ trauma is even more heightened. Many of them suffer from post-traumatic stress.

Let us turn to another killer. Sally Challen bludgeoned her husband to death with a hammer. She was sentenced to life imprisonment with a tariff of 18 years, but a landmark judgment using the new coercion and control offences that the Government introduced in the Domestic Abuse Act 2021 saw her conviction quashed, and she walked free after serving nine years. The judge agreed with her barrister, Clare Wade KC, and the campaign group Justice for Women, that Challen was a victim of coercive control that spanned decades; she met her husband aged 16. He had humiliated and manipulated her, which is a classic pattern of controlling behaviour. The court accepted that, and her sentence was converted to manslaughter.

Let us touch on the case of Anthony Williams, who strangled his 67-year-old wife, Ruth, to death. He pleaded guilty to manslaughter on the grounds of diminished responsibility and was acquitted of murder. His defence argued that his actions were due to his mental state, which had worsened due to the covid-19 pandemic. This lesser charge and the sentence of five years’ imprisonment was strongly criticised by politicians from all parties and anti-domestic abuse activists. The Joanna Simpson Foundation, among others, argued that diminished responsibility and loss of control are overused defences for men in domestic homicides; that the defences are used in circumstances that they were not designed for; and that their use risked downgrading and normalising domestic abuse, which should not be tolerated. The “Women Who Kill” report, published by the Centre for Women’s Justice, found that, by contrast, women who kill their partners largely do so having been subjected to abuse from the men they kill. In 77% of the cases covered in that research, there is evidence to suggest that women had experienced violence or abuse from the deceased. Despite that, they are unlikely to be acquitted on grounds of self-defence.

Finally, I will mention one more case. Sophie Moss was choked to death during sex by Sam Pybus. He applied prolonged pressure to her neck and admitted to manslaughter; however, he literally claimed that she asked for it, as part of a consensual rough sex game. The judge accepted that, and he was jailed for four years and eight months—the same length of time that he might have received for a driving offence. An appeal to increase his sentence was rejected. It is clear even from this cursory summary, which in no way covers all the victims to whom I could have referred, that some of the sentences received by men who kill their female partners or ex-partners do not reflect the seriousness of domestic abuse, or the fact that these homicides often follow a period of prolonged abuse. On the other hand, sentences received by women who kill their partners in self-defence could appear disproportionate, particularly in cases in which they used a weapon. The issue of the knife coming from inside the home, as it is much more likely to have done when a woman is killed in a domestic homicide, adds another dimension.

It is an unfortunate fact that a woman who kills her male partner in self-defence is, due to her lesser physical strength, more likely to have needed to use a weapon of some type. That attracts a more serious sentence than would be received by a male such as Sam Pybus who kills a female partner by strangulation. We have seen that he was able to claim that he strangled her as part of a consensual sex activity that tragically went wrong. Strangulation does not always leave a mark, which compounds the difficulties for the police investigation and prosecution.

In response to all these cases and many more, the Domestic Abuse Commissioner and Victims’ Commissioner wrote to the then Lord Chancellor, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), calling for a review of domestic homicide sentencing, due to their concerns that the sentencing for these homicides did not match the impact and severity of the crime. In March 2021, the domestic homicide sentencing review was announced, and in September 2021 Clare Wade KC, Sally Challen’s appeal barrister, was appointed to conduct the review. In welcoming the review, Nicole Jacobs, the Domestic Abuse Commissioner, said:

“Crucially, the Wade Review will also shed some much-needed light on how victims of domestic abuse who kill their abusers are treated by the criminal Justice system. Victims of domestic abuse…must receive a trauma-informed response from the criminal Justice system.”

I come to the central purpose of the debate, which is to ask the Government to publish the review as soon as possible and come forward with their response. I will ask detailed questions later, but first I wish to put on the record my thanks to all the campaign groups and people who spoke to me in the course of my research; I pay tribute to them for all the determined work that they have done on behalf of the victims, who, of course, cannot speak for themselves. I was fortunate to be able to speak to Clare Wade KC ahead of the debate. The content of the report will be familiar to the Minister, as it was to me when I briefly had the privilege of serving in the Ministry of Justice as the Minister of State for Victims and Vulnerability. It is a detailed, extensive, substantive, compelling and well-researched piece of work that makes for harrowing reading. I thank Clare Wade for the thoughtfulness that she has brought to the commission. She tells me that she set out a suite of recommendations that, taken together, constitute a coherent policy response. If implemented, they would tackle the gaps in sentencing options. She believes that the only way forward is to properly recognise the impact of domestic abuse, violence and coercive control in all its forms, and that the criminal justice process needs to take account of the harms to the victim, their family and wider society, so that justice can be done, and be seen to be done.

Another group I have spoken to, Refuge, states that one of the key problems is that the nature of coercive control is still poorly understood. More work needs to be done to educate people about the fact that it is not solely about physical violence. Frontline practitioners need to understand and act on the knowledge that the trigger point for danger is when a woman tries to leave or has left a relationship. The cases need to be dealt with by specialists, and more can be done to build on existing practices to ensure that courts, juries and judges understand and incorporate that knowledge. I recently tabled a written question to the Ministry of Justice and the response stated:

“The independent reviewer required more time than anticipated to complete the review and it was delivered to the department in June this year. The Review examines a number of important and complex issues… the government is carefully considering its recommendations and next steps.”

Let us return for a moment to Carole Gould and Julie Devey. They believe that one of the key problems with the law is on the issue of premeditation. They state that it may never be known whether the perpetrator planned to commit the murder in the home, knowing that weapons were there. Remember, that planning would attract a higher tariff, in that taking the knife to the scene indicates an element of premeditation. They state that using hands as weapons for strangulation has never been acknowledged as part of premeditated murder. They also believe that sentences do not reflect the fact that these are dangerous perpetrators. The fact that they could strangle or stab someone with whom they have been in an intimate relationship surely means that they are a danger to the public, so there is a public protection issue that is not being picked up in sentencing.

I ask Members to cast their mind back to the case of Sophie Moss, which I mentioned. The Minister will be aware of the outstanding work of my hon. Friend the Member for Newbury (Laura Farris). As part of a group of MPs, she was successful in removing the rough sex defence to killing. She now has a private Member’s Bill that seeks to amend the sentencing code to provide for a minimum sentence of 12 years for cases of manslaughter that are sexually motivated. It is right to consider her ask in this debate.

I have questions for the Minister. Has he read the Clare Wade review, and what does he think of the recommendations? When will he publish the review? When will he come forward with the Government’s response? What is his response to my hon. Friend’s private Member’s Bill? Will he ensure that the measures he brings forward in response to the Wade review tackle the sentencing injustices relating to victims killed as part of so-called rough sex? How will he ensure that any recommendations flowing from the Wade review include training for courts, juries, judges, prosecutors and police in fully recognising the wider harms of domestic abuse, abusive relationships and the origins of violence against women? Will he bring forward the new measures that are required if we are to level up sentencing in the victims Bill? If he is unable to commit to that, what legislative vehicle does he foresee as being suitable?

Her Royal Highness the Queen Consort said,

“These women, tragically, can no longer speak for themselves. But we listen to those who can. I have learnt from my conversations with these brave survivors that what they want, above all, is to be listened to and believed, to prevent the same thing happening to others. They know there is power in their stories and that, in the telling, they move from being the victims of their histories to the authors of their own futures.”

We must and will do more. I finish with the words of Julie and Carole:

“Public perception needs to be changed and the correct sentencing can lead the way to show that these Domestic Homicides will not be seen as lesser crimes.”

I look forward to the Minister’s response. I want to place on the record my thanks to everybody who spoke to me before the debate, whether they are from a campaign group that assisted me with research, or whether they are the families.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

It is a pleasure to serve under your chairmanship, Mr Bone. I thank my hon. Friend the Member for Redditch (Rachel Maclean) for securing the debate; I know how much time and personal effort she put into this topic when in Government. I welcome the focus that she is continuing to create on what I know is an important issue.

This is not an area normally in my portfolio. I put on the record that I cannot possibly imagine the distress and trauma of the families of Ellie Gould and Poppy Devey Waterhouse, who were murdered in such awful circumstances. I can only commend their mothers for the ongoing campaigning that they are doing in relation to this issue. I know that colleagues who are taking part in the debate, and from across the House, will continue to support their campaign, and will have the families in their thoughts and prayers as they deal with the loss of a loved one.

Throughout the debate I have listened to the argument for reform of sentencing in cases of domestic homicide, which has been so eloquently explained. That is why the Government commissioned the review that we received in June and are now assessing. People are saying, “You have had the review now nearly six months—can’t you just get on with it?” But it is important that we get it right. It is tempting to rush, and I know that there is always a desire in such distressing circumstances to be seen to be acting. But in this place we quite often see the impact and consequences of acting without reflecting. I want to ensure that the response to the review is measured, and takes onboard the recommendations and factors that we need to assess.

I take this opportunity to publicly express my thanks to Clare Wade KC, the independent expert appointed to undertake the review. Ms Wade was the lead counsel in the high-profile case of Sally Challen, and has brought her unparalleled expertise to the complex nature of this piece of work. As has been pointed out, the published terms of reference for the review stated that the final report would be submitted to the Secretary of State for Justice by the end of last year. The report was received in June, and I appreciate that the delay, along with the changes in Government, will have been frustrating for all of those involved and concerned, and who want to see action.

I can give my full assurance that the Secretary of State and I are in the process of carefully considering all of the recommendations made in Clare Wade’s review. The topic is not only extremely important but complex and challenging; as I said earlier, it is important we get it right. Changing the law on sentencing for murder can have profound consequences, so it is something that we must do properly and consider very carefully, to avoid any unintended impacts. The matter has the full attention of the Secretary of State and the ministerial team, and I look forward to updating Parliament in due course with more detail on the review, its recommendations and how the Government will respond to them.

On my hon. Friend the Member for Redditch’s question about the private Member’s Bill that has called for a minimum sentence to be imposed on rough sex manslaughter, the Government are clear that there is no such defence in law as the “rough sex defence”. We clarified that position in statutory form in the Domestic Abuse Act 2021. The Government are aware that there are rising concerns about seemingly low sentences given in some cases involving death, especially when there is evidence to suggest that there may have previously been consent between the parties for that type of behaviour.

Minimum sentences are rare in England and Wales. They tend to be used for repeat offences, or offences that are straightforward in definition, such as knife possession. Manslaughter offences cover a wide range of behaviours and circumstances. It is right that the courts have the full range of disposals available.

[Rachel Maclean]

I thank the Minister for the detail and commitment that he has shown to this process. I want to lodge one thought with him: he mentioned that courts need to take account of evidence that the parties had engaged in such activity within the rough sex domain, as we have already discussed. I make the point that the woman who was part of that is now dead. There is no evidence that she could give; she is no longer with us. I want the Minister to take that away and consider it when he comes to his final conclusion.

[Mike Freer]

My hon. Friend makes a strong point. Clearly, it is not always possible to know exactly what those who have no voice because they are no longer with us have said or consented to in the past. That is an important point, which will be reflected in our response.

The issue of rough-sex manslaughter will be a major consideration in our response to the independent domestic homicide sentencing review. Today, I heard the calls for reform to ensure that sentences are fit for purpose and commensurate with the crime. The Government are committed absolutely to that endeavour, and the domestic homicide sentencing review builds on significant action that we have taken already.

The Police, Crime, Sentencing and Courts Act 2022, passed earlier this year, ensures that those convicted of some of the most serious sexual and violent crimes, such as rape, manslaughter and attempted murder, will spend a longer proportion of their sentence in prison, protecting the public and giving victims the confidence that justice has been served. In the Act, we also took swift action to raise the starting point for murder for older children and young adults, to ensure that sentences in such cases reflect the seriousness of the crime and the age of the perpetrator. That was in part in response to the case of Ellie Gould, mentioned today, who was murdered by her 17-year-old ex-partner.

Going beyond sentencing, the Government are fully committed to improving outcomes for victims of domestic abuse and violence against women and girls in all its forms and, critically, to preventing more victims in future. Last year, we passed the landmark Domestic Abuse Act 2021 and, since then, we have published the rape review action plan, the cross-Government tackling violence against women and girls strategy, a complementary tackling domestic abuse plan and, in May this year, our draft victims Bill.

The vast majority of the measures passed in the Domestic Abuse Act are in force already. In July this year, the most recent measure in the Act came into force, meaning that abusers are no longer able to cross-examine their victims directly in the family and civil courts. The cross-Government tackling violence against women and girls strategy seeks to transform the whole-society response in order to prevent offending, to support victims and to pursue perpetrators.

The tackling domestic abuse plan is investing more than £230 million of cross-Government funding into prevention and protecting victims, including more than £140 million to support victims and more than £81 million to tackle perpetrators. The plan introduces key commitments to reduce domestic homicide, including reform of the domestic homicide review process and building the first ever central repository of such reviews.

The plan also announced a domestic abuse policing and domestic homicide prevention pilot, which will involve auditing forces that have relatively high levels of domestic homicide to ensure that they are doing everything possible to prevent those crimes. It also announced that we continue to invest in research to build the evidence base on domestic homicide prevention. The Home Office has already awarded more than £2 million in research projects over the past two years.

The victims Bill will improve victims’ experiences of the criminal justice system. It sends a clear signal about what victims can and should expect from the criminal justice system by enshrining the overarching principles of the victims code in primary legislation. It will increase transparency and oversight of criminal justice agencies’ services to victims, so that we can identify problems, drive up standards and give the public confidence. It will enable improvements in the quality and consistency of support services for victims by improving how organisations work together to commission support services to meet the needs of victims better, and to increase awareness of independent sexual violence advisers and independent domestic violence advisers. We are carefully considering the recommendations of the Justice Committee’s pre-legislative scrutiny of the Bill, which will be introduced as soon as parliamentary time allows.

Tackling violence against women and girls in all its forms remains an utmost priority for the Government, and the Prime Minister spoke last week about his determination and motivation to ensure that we tackle this issue. I have outlined the key action that the Government are taking, but of course there is more to do, and we will revisit this topic once we are able to respond to the Wade review. Finally, I thank my hon. Friend the Member for Redditch for her tireless work on this issue, both in and out of Government, and I thank colleagues for their contributions today.

[Rachel Maclean]

Thank you for allowing me time to wind up, Mr Bone. I thank the hon. Member for Strangford (Jim Shannon) for the compelling speech that he gave. In his remarks, he talked about the fact that women have been killed at the hands of their partners, and about the desperate circumstances that those women have endured after a lifetime of domestic abuse. He has done an extremely good job of representing his constituents, and I really hope that discussions can continue with the Northern Ireland criminal justice authorities to ensure that they continue to bear down on this awful scourge, which affects women and girls across all parts of our United Kingdom.

I thank the Minister for his comprehensive summary. He answered all my questions, and I am extremely grateful to him. I agree with him that the leadership shown by the Prime Minister and the Secretary of State for Justice—the Lord Chancellor—is exceptional, and we should be proud of all the work that we are doing. The Minister outlined some of it, but had he had more time, he could have touched on many more actions that we are taking. I agree with him that the Wade review encompasses complex issues, and there are unintended consequences.

Sentencing policy is not straightforward, and we need to make law that is workable and that does not duplicate what is already on the statute book. I know that people who are listening to this debate will be reassured that the Minister is committing to publish the Wade review. He will be coming forward with some recommendations, and he is committing to take them forward as soon as parliamentary time allows, so I thank him very much.

Question put and agreed to.

Resolved,

That this House has considered the Domestic Homicide Sentencing Review.

Misuse of Nitrous Oxide

Baroness Maclean of Redditch Excerpts

Wednesday 23rd November 2022 Westminster Hall

[Mark Garnier]

That is an incredibly alarming story, because it was being prescribed presumably by an anaesthetist who knew exactly what they were doing. That was in the form of gas and air, but the people who misuse the drug use it neat, which is much more powerful and dangerous.

What used to require some effort to transfer smallish amounts from a canister to a balloon so that it could be used in a simple way is now something that can be inhaled all evening, sucking in huge quantities of nitrous oxide. Instead of being available in 8-gram canisters, it is now typically in canisters of up to 600 grams, which allows someone to sit there using it all night. The result is that doctors are now seeing an increase in cases of people being admitted to hospital with serious side effects.

Dr David Nicholl, a campaigner in my region of the west midlands—a local doctor and significant campaigner—tells me that he sees at least one new case every fortnight. Misuse of nitrous oxide creates a vitamin B12 deficiency. That is a vitamin vital for nerve function for both periphery in the hands and feet and in the spinal cord. Practical effects are numbness of the hands and feet and pins and needles, but longer-term use results in people being unable to walk and talk properly, relying on crutches and, in some cases, wheelchairs for, potentially, the rest of their life.

[Rachel Maclean (Redditch) (Con)]

I add my thanks to my hon. Friend, who is also a Member of Parliament in Worcestershire. I have canvassed my local police force to understand the impacts on my constituency, as he has done. Is he aware that as well as the health impact that he is discussing, there is also the impact of anaemia in some users? Does he agree that that is a matter of resources for our NHS? We know that in Worcestershire we have problems with our NHS acute trust, so we should educate people not to engage in optional activity that burdens an already overstretched trust.

[Mark Garnier]

I completely agree. My hon. Friend will be delighted to hear that I spoke to our local police and crime commissioner only this morning about the issue. I have engaged with him over a number of weeks, and he is acutely aware of it, but there are problems.

--- Later in debate ---

[Mark Garnier]

I could not agree more. I was going to come to this later, but my hon. Friend has raised it now: he is absolutely right: local radio is fantastic at every level. My hon. Friend and I both know what it is like trying to get around Worcestershire when flooding is coming in; were it not for BBC Hereford & Worcester providing that brilliant support, as other radio stations do, we would not have that help. He raises a brilliant point.

The report moreover reinforces the call by the British Compressed Gases Association for consumer sales to be banned in the UK. This advice has been followed by the Netherlands, which will introduce a ban in January 2023. It seems that anybody who knows anything about this is keen to tackle the problem, but there seems to be a problem with the Government and their agencies.

With all this official information, it is sometimes more meaningful to hear the views of those who have been affected. Earlier this week, I received an email in anticipation of this debate, which, I think, is worth reading out in full:

“Around 5 years ago, I found out that my brother had become addicted to nitrous oxide. He had been introduced to it as a party drug by a friend at university but soon became heavily reliant on it, to the point where he would do it all day, every day. Unfortunately, it turned him from a really kind, intelligent, outgoing and sociable person to a depressed recluse. He developed Psychosis, suffered from hallucinations and became confused. In one incident, he was convinced that I was impersonating his sister. He subsequently became violent towards my parents and me, and one Christmas tried to kill my father by repeatedly bashing his head with a portable speaker. We were all terrified of him. His nitrous oxide abuse led to him drinking alcohol heavily and gambling, and, two years after we learned of his addiction, he took his own life at the age of 25.

I am so angry that someone who had so much potential—he was an elite athlete, had won a scholarship to a top university in the USA and had just started a great job in finance—had his life destroyed by a drug, which many still consider harmless. We really need greater awareness of the harmfulness of the drug, especially amongst young people. Despite how damaging it can be, you will also know that it is freely available with no checks necessary. Indeed, my brother was able to purchase boxes of it on Amazon with next day Prime delivery and it was being openly sold by a shop around the corner from where he was living.”

We all know that drug use is not free from consequences, which vary from misery for users to misery for all the people, family and loved ones around those who have become addicted. If we agree that nitrous oxide is a drug under the 2016 Act, how on earth is it possible that Amazon can deliver large quantities of it and corner shops can sell it to kids? How is it possible that I can go to a freely accessible website that not only offers it by the pallet load, but provides advice on how to use it as a recreational high? How is it possible that the police are apparently not able to tackle this issue? As I say, my PCC is definitely on to it, but it is a problem.

[Rachel Maclean]

I thank my hon. Friend for highlighting that awful case, and our hearts go out to the family of those affected. The suggestion from Inspector Rich Field, my local police lead, is that it is very difficult to ban the sale of those sorts of things because, as has been pointed out, they are easily available on Amazon and eBay. The police are suggesting that it be made illegal to have possession of nitrous oxide in a public place for under 16s. What does my hon. Friend think of that idea? I hope the Minister has also noted that and will address it in his final remarks.

[Mark Garnier]

The answer to my hon. Friend is I think that is exactly the right idea. I have already spoken to the Minister about that, and I know that he is open to ideas—perhaps we will hear his thoughts on that when he makes his response. Importantly, why are we still waiting for an answer to two Home Secretaries’ request for more information from the Advisory Council on the Misuse of Drugs? That is where a lot of the answers will come from.

I am grateful to the Minister for his time, and I look forward to hearing what plans he has to deal with this 21st century version of glue sniffing. We have already heard of the tragic consequences for somebody who became addicted. The Minister potentially has in his hands the ability to prevent further unnecessary misery. Finally, I congratulate David Nicholl and BBC Hereford & Worcester on their work. As we have heard, the BBC are introducing changes to local broadcasting that fly in the face of all logic. I will end on a point that is slightly unrelated to the main debate, but the work done by local radio is so important, and BBC Hereford & Worcester is such a good example of that.

--- Later in debate ---

[Rachel Maclean]

Will the Minister enlighten us, for the benefit of those of us not quite familiar with the role of this body? Does its recommendations include providing changes to the law and legal frameworks such as making it illegal to possess those substances in a public place, as I referred to earlier? How would that be enforced, based on those recommendations?

[Chris Philp]

The Advisory Council on the Misuse of Drugs principally makes recommendations about how harmful a particular drug is and therefore how it should be classified under the Misuse of Drugs Act 1971. That is the advice we have sought in this case. The consequences that then flow from classification are matters for Parliament to legislate; they are set out in law. There are obviously different criminal penalties depending on whether a drug is in class A, B or C, and there are different penalties for possession versus supply. The advice we are seeking is essentially medical advice on just how damaging the drugs are and therefore which regime they should fall within. I will convey to the ACMD how pressing Members of Parliament feel the issue is, quite rightly. The points raised have been very powerful and well articulated. I will undertake a third action to go and do that. This is an important issue, about which we are concerned.

I add a point before closing about the powers that local authorities have. One or two Members mentioned the associated antisocial behaviour and littering. There are powers available under the Anti-social Behaviour, Crime and Policing Act 2014 and other legislation to make various forms of order in this area, including orders on antisocial behaviour and dispersal. We also have public space protection orders, which are available to local councils to stop individuals or groups committing antisocial behaviour in a public space; such behaviour would clearly fall into that remit. Following consultation by councils with the police or the local PCC, councils can issue a PSPO, which would effectively prevent the activities taking place in a particular area. If there are Members who feel there is a problem in a particular location, I would suggest they get their local council to use PSPOs as an immediate measure and way of taking action. I thank my hon. Friend the Member for Wyre Forest for the opportunity to speak on this important issue.

Question put and agreed to.

Resolved,

That this House has considered the matter of the misuse of nitrous oxide.

Draft Police, Crime, Sentencing and Courts Act 2022 (Offensive Weapons Homicide Reviews) Regulations 2022

Baroness Maclean of Redditch Excerpts

Wednesday 16th November 2022 General Committees

[Rachel Maclean (Redditch) (Con)]

I thank the Minister for his remarks, and the Home Office for providing leadership in this area. It is a pleasure to follow the hon. Member for Croydon Central (Sarah Jones) who spoke from the Opposition Front Bench, and I will pick up on some of her points as I make some brief remarks about domestic homicide.

The Minister will know that a large proportion of homicides committed with an offensive weapon take place in the context of a domestic incident—they are domestic homicides. His Department is leading a review, working through evidence about the factors surrounding domestic homicide and looking to learn lessons. It is important that all of us in this place remember that homicides are not just a fact of life. We can, as a Government, and as agencies and local authorities, take steps to prevent some of these tragic incidents from occurring and spare some families the pain and grief of facing the horrific loss of a loved one in the most appalling circumstances. That is why that work is so important and welcome. Will the Minister therefore look at the work that is going on and see what progress has been made on the review of domestic homicides, particularly picking up the issue of victim suicides? He will be aware that the patterns of such crimes can sometimes be disguised as some kind of suicide pact, and the victims and their families do not get the justice they should get.

On a related issue, will the Minister please update us on the progress made by the Ministry of Justice on the domestic homicide sentencing review? I am sure he will be aware of that review, because he worked in the Ministry of Justice previously. That review is looking at the factors flowing out of the tragic case of Sally Challen and cases where coercive control is a factor. The Ministry of Justice is undertaking that review, but I am sure he will be sighted on it, because it relates directly to the work he is doing with his agencies and partners in policing.

Thank you for allowing me to make my comments, Mr Robertson. I look forward to the Minister’s response.

--- Later in debate ---

[Chris Philp]

There are a few points to respond to there. I start with those raised by the hon. Member for Croydon Central, who is the shadow Minister and my constituency neighbour. She made some observations about violent crime in general. As she said, knife crime has been on a declining trajectory for the past few years, which is welcome. We are focused on the most serious forms of violent crime, and there have been reductions there as well, compared with 2019—the last pre-pandemic year. We are investing heavily in the policing response through the Grip investment, which aims to heavily police hotspot areas. We are also trying to address the causes of violent crime, particularly knife crime, via violence reduction units and violence reduction partnerships, which have been successful in many parts of the country. The Metropolitan police have been well funded in that area.

I take the shadow Minister’s point about needing to make sure the reviews are done properly. I was not suggesting that we would sacrifice quality; my point was that sometimes reports and reviews conducted by public bodies turn into sprawling, bureaucratic monsters. They go way beyond the point of adding actual value and impose a lot of costs, time and everything else on those organisations. We will make the reviews as concise as they can be, while drawing proper conclusions. I do not want them to turn into a bureaucratic Hydra that consumes money and resources beyond the point where it adds value. My observation as a Minister for the last few years is that, when we launch reviews or investigations, they sometimes grow to the point where they consume huge amounts of money and time without adding value. I do not want that to happen here, given how constrained budgets are in local authorities, the police and local health organisations. That is a really important point.

Speaking of money, the shadow Minister asked whether the funding for the pilot is additional or whether we will ask the review partners to absorb it from an existing budget. I can confirm that the £2.1 million is additional; it is extra money that is being provided specifically for this purpose. It will not detract from existing operational budgets. The extra money is still taxpayer funded; it is still money that our constituents are having to fund.

The shadow Minister asked where the estimate of 72 reviews comes from. It derives from taking the limited geographic areas in which the pilots are being conducted and applying them to the expected national numbers—we will scale those numbers down to give us the numbers for just those areas. Nationally, there are around 700 homicides per year. In 2021, there were 692. Some 235 of those met the criteria for the existing homicide reviews that we discussed earlier—for example, domestic homicide or the homicide of someone under the age of 18. There are 457 homicides nationally that do not meet the existing criteria. Of those, 222 involve an offensive weapon and will therefore be in the scope of these reviews. Looking at that over an 18-month period and scaling it down for the pilot areas, we get to the numbers that the shadow Minister outlined.

That point also answers a question asked by my hon. Friend the Member for Windsor. These reviews will not cover every single homicide. However, between them and the existing reviews, based on the numbers I just gave, reviews will apply to 457 or so homicides—around two thirds. There will still be some homicides for which reviews do not apply.

The shadow Minister also asked which review takes priority if, for example, a homicide is both domestic and involves an offensive weapon. The answer is that the existing homicide review mechanisms will take priority. If there is a domestic homicide involving an offensive weapon, a domestic homicide review will take place. I hope that that answers the shadow Minister’s questions.

My hon. Friend the Member for Redditch asked some further questions. I take this opportunity to pay tribute to the fantastic work she did on many issues—particularly violence against women and girls and domestic violence—during her time as the Minister for Safeguarding at the Home Office. She has left a strong legacy for her successor. She asked about a review into domestic homicide reviews to see whether they can be further improved. That work is ongoing internally. A consultation will open in the early part of 2023 and will be completed by the end of 2023. I hope that that gives her the clarity she was asking for. On the domestic homicide sentencing review, that is, as my hon. Friend said, with our colleagues in the Ministry of Justice, so I am afraid I cannot provide an answer to the questions that she raised, but MOJ Ministers will be able to do so.

Turning finally to my hon. Friend the Member for Windsor (Adam Afriyie), I think I have addressed one of his questions. He rightly drew attention to the fact that we are adopting a pilot approach rather than just going for a national roll-out. He made the good point that, all too often, Government and local authorities do things on a blanket basis without having tested them first. Where there are significant cost, public policy and resource implications, it is worth making sure that whatever measure is proposed—whether this or something else—actually works, is proportionate and has been carefully set up before pressing the button and making it national. That approach works here and in other contexts.

My hon. Friend asked about delegation. There is an ability to delegate to appropriate third parties. For example, if the relevant review body, such as the local police, wants, for resource reasons, to get somebody else to conduct the review, such as an expert of some kind, they have the ability to do that, but they are responsible for ensuring that that is a suitable person with the relevant expertise and capability.

It is also worth saying that the whole thing is overseen by an oversight board, as the shadow Minister referenced in her remarks. We are in the process of appointing a chair and possibly one additional member for the pilot—we do not need to appoint an entire board if it is just a pilot. We will appoint just those two people initially, and they will make sure that these reports are publicly published and are available to the Home Office and that lessons get learned, as appropriate.

[Rachel Maclean]

I thank my right hon. Friend the Minister very much for responding in such detail to my comments, but I am a little concerned about the timeline he set out for the review of how the domestic homicide review process works—after all, the proportion of homicides that are domestic homicides is pretty large. I can see his officials in the box, and I distinctly remember having detailed discussions about this work when I had the privilege of serving in the Home Office. I am concerned to see how long this process will now take, and I am sure that my right hon. Friend, like me, whenever he is presented with a timeline by his officials, will say, “Why can’t this be done quicker? What is the delay? Can we speed this up so that we can get justice for these victims?” I would be grateful if he agreed to meet me, so that we can discuss this in a bit more detail.

[Chris Philp]

Either I or the Minister for Safeguarding, as appropriate, would be delighted to meet my hon. Friend to discuss the issue, particularly given her long-standing expertise and interest in it as both a Member of Parliament and a Minister.

I hope have covered the points that were raised in this short but insightful debate. I once again commend the regulations to the Committee.

Question put and agreed to.

Migration

Baroness Maclean of Redditch Excerpts

Wednesday 16th November 2022 Commons Chamber

[Robert Jenrick]

The right hon. Gentleman makes a very important point. We have already taken action through the Nationality and Borders Act 2022. My right hon. and learned Friend the Home Secretary and I are reviewing our legal framework to ensure it meets the scale of the challenge we are currently facing. If we conclude that further steps are necessary, he can be assured that we will take them urgently. He makes a strong and compelling case that there should not be a route to a life in the UK if you choose to come here illegally.

[Rachel Maclean (Redditch) (Con)]

I strongly support the Minister in what he said by highlighting that most of the Opposition parties—certainly the Labour party and the SNP—have zero credibility coming to this House and questioning him when they vote against and criticise absolutely every legal measure we bring in to tackle this problem, which all our constituents care deeply about. I am sure the Minister would like to know what my constituents are asking me. They want to know why we cannot turn back the small boats and dinghies when they are in the channel. Of course, we all understand we have an obligation to save lives at sea, but surely that does not extend to people who seek to undermine our generous hospitality and our asylum system, which is there for genuine refugees. Please can he change the law to do that?

[Robert Jenrick]

My hon. Friend makes a very important point and speaks for the British public, millions of whom ask exactly the same question. We are pursuing returns agreements with safe countries and have secured one in the last 12 months with Albania. One thousand Albanians have already been removed under that agreement. Clearly, I would like that number to be significantly higher and we are reviewing what further steps we can take. We would like to secure a returns agreement with France. The agreement we reached this week is a good first step, but the Home Secretary will be meeting other northern European Interior Ministers through the Calais group shortly to discuss what the next steps might be. My right hon. Friend the Prime Minister is prioritising the issue and the broader relationship with France, as we can see in the positive conversations he has had thus far. If it is possible to take the agreement further, we will certainly try to.

Asylum Seekers Accommodation and Safeguarding

Baroness Maclean of Redditch Excerpts

Monday 7th November 2022 Commons Chamber

[Robert Jenrick]

I have listened carefully to the arguments on both sides of that issue. I appreciate that colleagues will respectfully disagree with me, but it is extremely important that we do not create further pull factors to the UK, which is arguably a more attractive destination for illegal migration than our European neighbours. There is a wide range of reasons for that, but I do not want to create any further pull factors that will only make this situation worse.

[Rachel Maclean (Redditch) (Con)]

My Redditch constituents are generous and compassionate, and have opened their hearts and homes to refugees from countries around the world. However, they find it deeply illogical, infuriating and completely unfair to see these small boats arriving on our southern shores. Every sovereign nation should have the right to control its borders, but we are seeing that it is possible for an Albanian male, under our modern slavery legislation, to become a confirmed victim of modern slavery. That is not what this world-leading and compassionate legislative framework was set up to achieve. It has rescued many vulnerable people from awful situations, so when will the Minister introduce a review of that legislation to make sure that it is fit for purpose and can do what it is intended to do, rather than being a fast-track route for Albanian males?

[Robert Jenrick]

My hon. Friend has spoken on this on a number of occasions, and she draws on her own experience at the Home Office and elsewhere. She is right that modern slavery laws, while important and well meant, are now being abused, particularly by males who are here for economic migration purposes. We have seen many cases in which young males from countries such as Albania, as she says, have their asylum claims processed. Those claims are rejected, quite rightly, so then they immediately make a claim under modern slavery laws. That is wrong, and we intend to review it, as she says, and make any changes that we need to make.

Police Service: HMI Report

Baroness Maclean of Redditch Excerpts

Thursday 3rd November 2022 Commons Chamber

[Chris Philp]

I thank the right hon. Lady for her question. I strongly welcome the work that her Committee is doing in this area; it is very good that she is doing that. The issue that she raises around misogyny is a serious one. The report finds that progress has been made, but that there is a great deal more to do. I look forward to listening carefully to the recommendations that her Committee makes after it has conducted its own investigation. I think that 35% of officers are now female, which is a record figure—it has never been higher than that—and that an even higher proportion of recent recruits are female, which will hopefully add to the need to improve the culture. The training standards in the Policing Education Qualifications Framework do now include training around bias, tackling prejudice and discrimination, protecting people and looking after people with protected characteristics, but, clearly, there is a lot more to be done.

In relation to the vetting process and some of the issues that the right hon. Lady touched on at the end of her question, there are specific recommendations about them among those 43 items in yesterday’s report, and we expect police forces to adopt all of them.

[Rachel Maclean (Redditch) (Con)]

I thank the Minister and the previous and current Home Secretary for the leadership that they are showing on this issue, but, clearly, the report makes deeply worrying reading. Obviously, the vast majority of police officers are dedicated and professional, but there are some wrong’uns who are serving in our forces. For example, is it right that male officers are viewing pornography at work on suspects’ phones? Is it right that they are engaging in “booty patrol”, where they are stopping attractive young women who they see driving in cars? When will the Minister come forward with the Government’s response so that women and girls across our country can feel safe and have their trust and confidence in the police restored?

[Chris Philp]

All of the things that my hon. Friend describes are clearly completely unacceptable. No female officer or female member of the public should experience the things that she has just described. We do expect urgent action to be taken on these areas. The issues that she referenced are included in the 43 recommendations, and we expect implementation of those to be undertaken as a matter of urgency.

Oral Answers to Questions

Baroness Maclean of Redditch Excerpts

Monday 5th September 2022 Commons Chamber

[Priti Patel]

I will, and I am happy to have a conversation with the hon. Gentleman about that.

[Rachel Maclean (Redditch) (Con)]

I commend the Home Secretary’s extensive and robust work to tackle the number of Albanian economic migrants arriving in small boats. However, what more can she do to keep our country safe?

[Priti Patel]

I pay tribute to my hon. Friend for her diligent and professional work in the Home Office, where she championed the safety of women and girls. She is absolutely right about the safety and security of our great country, and when it comes to the checking of illegal migrants, she is well aware of the detailed work taking place, much of which we cannot speak about publicly for security reasons. That robust work will continue.

Child Sexual Exploitation and Safeguarding in Oldham

Baroness Maclean of Redditch Excerpts

Thursday 30th June 2022 Commons Chamber

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

I think we can all agree that we have heard an incredibly powerful speech, and a very thoughtful one, from the hon. Member for Oldham West and Royton (Jim McMahon) on an extremely difficult subject. I have no doubt that victims of these abhorrent and atrocious events will commend him, and his hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), for setting out their strong commitment to securing justice for those victims, which is what we all want to see. In that, he will have the full support of Conservative Members and the full force of the Home Office—the Home Secretary, and every single Home Office Minister.

Before I begin my formal response, let me join the hon. Gentleman wholeheartedly in condemning what he has alluded to. I have no personal knowledge of the issues to which he has referred, so I cannot give a substantive response in that regard, but I can say from my position as a Home Office Minister that to call into question the integrity of the law enforcement professionals who dedicate their lives and careers to investigating these incredibly disgusting and abhorrent crimes is outrageous. It is completely wrong, and anyone who thinks that there is any question about their professionalism needs to take a good, long, hard look at themselves.

[Debbie Abrahams]

I apologise; this may seem a bit trite after what the Minister has said, but we need to recognise that there were failings at operational level in the council and in Greater Manchester police. The majority of police officers and council workers will be doing their best, but there were failings from some individuals and that needs to be acknowledged, because those children suffered as a result.

[Rachel Maclean]

I am going to come on to say exactly that. I hope that the hon. Lady is not conflating the two points I am seeking to make. Absolutely, there were failings by professionals who were supposed to be safeguarding vulnerable children, as the hon. Members have set out, but what I am talking about is the work of the reporting bodies: the ICSA report led by Professor Alexis Jay and the other reports that have been taking place. They have the knowledge of what has gone on in an incredible level of detail and they have set that out.

Children in Oldham were failed time and again by those who should have protected them, as is shockingly demonstrated in the ICSA report. The vast majority of safeguarding professionals and those working in law enforcement are good people doing a difficult job. There are bad people in any walk of life and where they exist, we should do everything we can to call it out. Those failings are shameful. The report that the hon. Members have alluded to has made six recommendations and we will publish the Government response shortly. I was appalled when reading of the experiences endured by children who were not yet teenagers in Oldham, and it is in no small part due to the ongoing tenacity of those children—now adult victims and survivors—that those awful failures have been uncovered. To make a personal comment, I really do find having to read those reports and stories the worst part of my job. Some of that information is not in the public domain. I cannot sleep at night when I have read them. I am sure that all Members will join me in paying tribute to those victims, survivors and their families who have courageously shared their experiences in the pursuit of change.

What happened in Oldham has happened in too many places right across the UK, but there have been significant changes in how local authorities and the police safeguard children. I agree with the hon. Members that victims should come forward and report abuse wherever it is taking place because they can have confidence that the police and other frontline services will take them seriously. The best tribute we can make is to ensure that others do not have to endure the same ordeal. I will set out in the time I have left what we are doing.

We are supporting the police to make improvements. Home Office investment underpins strengthened law enforcement capability to tackle these crimes. We welcome the work of Operation Sherwood to bring prosecutions against sexual abusers of children. We are funding specialist training in the vulnerability, knowledge and practice programme, which identifies best practice and shares it with all forces, and I want to thank the College of Policing for what it is doing on this. I want to be clear that political and cultural sensitivity should never hinder these investigations or the delivery of justice for these victims.

We have made it clear to the police that the protection of vulnerable children must be a priority, and to this end the Home Secretary has shown real leadership. She has raised the issue through the primary forum that exists for her, which is the National Policing Board, and we are ensuring that performance is rigorously scrutinised. She has commissioned Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to investigate how police across England and Wales handle group-based child sexual exploitation. It is right to say that we have been on the front foot on this. Unlike the historical inquiries, this will give an up-to-date picture of the quality and effectiveness of forces’ support for victims and how they are bringing offenders to justice now. We expect findings from the inspection by the end of this year, and I trust that it will give us some much-needed assurance that the policing of these crimes has improved, but make no mistake, should deficiencies be uncovered, we will do what it takes to address them.

As the hon. Members know, our approach is underpinned by the tackling child sexual abuse strategy, which was published in January last year. ICSA will publish its final report very shortly, and we will come forward with a full response to that and set out our actions. More widely, our beating crime plan reaffirms our strong commitment to ensuring that more of these complex crimes end in prosecutions and convictions. We have relaunched our victims and survivors of child sexual abuse fund to support voluntary sector organisations delivering a range of vital services. I want to finish by thanking the hon. Members. I am determined to ensure that we confront these crimes wherever and whenever they occur and leave no stone unturned in our mission to keep children safe.

Question put and agreed to.

Home Department

Baroness Maclean of Redditch Excerpts

Wednesday 29th June 2022 Ministerial Corrections

The following is an extract from the Westminster Hall debate on Rights of Children (Police Custody) on 28 June 2022.

[Rachel Maclean]

I very much welcome the comments from the hon. Member for Halifax (Holly Lynch), who spoke about the excellent work done by the violence reduction units in her area. However, they are national schemes and I think the House would be interested to know a little bit more about that work. I will not go into a huge amount of detail because time prevents me, but this is a truly groundbreaking, long-term project, and a Conservative Government initiative. My officials will correct me if I am wrong, but I think we have committed £500 million over a very long period to work out, as she said, which initiatives and practices actually work to divert young people away from crime and prevent them from getting involved in the first place.

[Official Report, 28 June 2022, Vol. 717, c. 63WH.]

Letter of correction from the Parliamentary Under-Secretary of State for the Home Department:

An error has been identified in my speech.

The correct information should have been:

[Rachel Maclean]

I very much welcome the comments from the hon. Member for Halifax (Holly Lynch), who spoke about the excellent work done by the violence reduction units in her area. However, they are national schemes and I think the House would be interested to know a little bit more about that work. I will not go into a huge amount of detail because time prevents me, but this is a truly groundbreaking, long-term project, and a Conservative Government initiative. We have committed £200 million over 10 years to work out, as she said, which initiatives and practices actually work to divert young people away from crime and prevent them from getting involved in the first place.

Rights of Children (Police Custody)

Baroness Maclean of Redditch Excerpts

Tuesday 28th June 2022 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Hollobone. I am extremely grateful for the opportunity to respond to the hon. Member for Lewisham East (Janet Daby). I am especially grateful to her for the way she continues to bring issues relating to the rights and protection of children in police custody to the attention of this House.

All Members have spoken about the vital element of trust and confidence in policing, which I am absolutely sure we all share. I want to put on the record my thanks to our police officers in every force across the country. Although we all understand and recognise some of the incidents of substandard and unsatisfactory practice—alleged, because these are often ongoing cases—that have been highlighted by Members, who are obviously doing a good job in raising the interests of their constituents, as we would expect, it is right to say that the vast majority of police officers in our country do an extremely good job under very difficult circumstances. Ultimately, the work they have to do in those types of situations is very sensitive. They have to navigate and make that judgment while balancing the rights of the child and the rights of the victims of the alleged crime. We all share in the collective endeavour to ensure that the criminal justice system supports that.

We have moved on from March, when I set out the criteria for police custody. Police custody is an important element of our criminal justice system. Being able to question suspects in the controlled environment of the custody suite is instrumental to progressing criminal investigations and to bringing offenders to justice, protecting victims and keeping everybody safe. Forgive me, Mr Hollobone, as I forgot to thank the Members who contributed and made excellent speeches, particularly the hon. Members for Battersea (Marsha De Cordova) and for Leicester East (Claudia Webbe). I will pick up their points in the course of my speech.

Children should be detained in custody only when absolutely necessary and when there is no other practical alternative. They are rightly acknowledged—this Government agree and stand behind this—as a protected group with specific needs and vulnerabilities. For that reason, opportunities to divert them away from police custody should always be considered first as a priority.

I very much welcome the comments from the hon. Member for Halifax (Holly Lynch), who spoke about the excellent work done by the violence reduction units in her area. However, they are national schemes and I think House would be interested to know a little bit more about that work. I will not go into a huge amount of detail because time prevents me, but this is a truly groundbreaking, long-term project, and a Conservative Government initiative. My officials will correct me if I am wrong, but I think we have committed £500 million over a very long period to work out, as she said, which initiatives and practices actually work to divert young people away from crime and prevent them from getting involved in the first place. I think we can all agree that it is an incredibly compassionate approach.

We want to ensure that perpetrators are dealt with appropriately and that sentencing is tougher and meets the needs of the public, but we also want to look at the vulnerabilities of young people and understand why they are drawn into crime in the first place. That is why this detailed work is taking place across the country—and, as the hon. Lady highlighted, in her own area—working in a granular way with local agencies that know their communities and those children best. I strongly encourage any Member who is interested in youth justice, prevention of crime and a social justice approach to visit their violence reduction unit if they have one in their area, to learn more about that.

Turning back to the issue at hand, custody procedures and police decision making in custody are, quite rightly, subject to scrutiny and oversight. Her Majesty’s inspectorate of constabulary and fire and rescue services regularly inspects police custody suites, monitors the treatment and welfare of detainees in custody, and makes recommendations for police forces and partners. We expect forces to take those recommendations seriously and to take action to address issues in response.

In 2017, as Members have referenced, the Government changed the law so that children aged 17 were entitled to the specific safeguards intended for children under the Police and Criminal Evidence Act 1984. These include a legal requirement for an appropriate adult to be present for interviews and strip searches to ensure their rights are protected. Officers must consider a child’s age and welfare when deciding whether to arrest them.

Members raised a number of specific comments, concerns and complaints. Many of them fall under the category of cases that are currently going through legal proceedings, but it is fair to say that this Government and the public rightly expect the highest standards from our police officers. The ability of police to perform their core functions of tackling crime and keeping the public safe is dependent on their capacity to maintain the confidence of the public. That is why we take the reports of these incidents extremely seriously. We have the safeguarding structures and the scrutiny in place.

Several recent incidents have been referred to the IOPC, which is investigating or determining whether an independent investigation is required. That work is ongoing and I cannot say more at this point. It is an independent body and must be allowed to carry out its work free of political influence. The Government’s role, however, is to consider any recommendations for legislation or policy change carefully. I think I can say, without prejudicing anything, that, in the case of child Q, the IOPC has served four officers of the Metropolitan police with notices of gross misconduct. That means that they are being investigated for alleged misconduct that is such a serious breach of professional standards that it could warrant dismissal if proven.

I welcome the comments of Mayor of London Sadiq Khan. He released a statement following the publication of the child Q safeguarding report outlining his concerns about cultural issues within the Met police to which some Members have referred. It is the Mayor’s responsibility in his function as police and crime commissioner for London, supported by the deputy Mayor for policing and crime, to hold the Met police to account for delivering the necessary improvements.

I note that the Met has put a robust plan in place, in the light of the incidents, which includes adultification training for all officers in the central east command unit, which covers Hackney and Tower Hamlets, reviewing the policy on further searches of children to ensure that it recognises that the child in such circumstances might be a vulnerable victim of exploitation—a point made well by the hon. Member for Halifax—and introducing new measures, so that an inspector must now give authority before a search takes place to ensure appropriate oversight. Furthermore, a Merlin report has to be submitted to ensure that safeguarding of the child is a priority.

Often in these debates, the problems and concerns are outlined and the challenge to the Government is to do more. We all understand the delicate balance in this country between the operational independence of the police and the important role played by police and crime commissioners, elected by their communities, with their various important powers. We do not shy away from acting where we need to, but we will also shine a light on all those other important individuals who have a responsibility to deliver on some of these serious failings.

[Marsha De Cordova]

The Minister rightly points out the independent role that the IOPC has to play, but the key point here is about children in custody, safeguarding and prevention. Frankly, we should all be striving for cases not needing to go there, because the incidents should not be happening in the first place. She talked about what the Met is doing, but this is a national issue. Does she agree that there needs to be a review of how the policing of black children is taking place?

[Rachel Maclean]

I will come on to the point that the hon. Lady made about black children, but I hope she heard my earlier comments about the importance that the Government place on prevention. That is the reason for the hundreds of millions of pounds we are spending over the long term on violence reduction units, to look at what actually works in this space to prevent young children from being drawn into knife crime, gang culture and a life of crime. [Interruption.] Sorry, did someone wish to intervene?

[Claudia Webbe]

Obviously, the Minister was referring to the policing of black children, not the criminalisation of black children.

[Rachel Maclean]

I will move on in my speech and address those points.

Turning to the issue of children being detained in police cells, whether they are black or any other ethnicity, looking at the system as a whole, I am pleased to say that Her Majesty’s inspectorate of constabulary and fire and rescue services reports that its custody inspections show a decrease in the number of children held in custody in recent years. I think we can all agree that that is positive, although we must continue to keep that under review.

We take our responsibilities towards children in detention seriously. Those aged under 18 should not be treated in the same way as adults in the criminal justice system. They should not be placed in a cell or be allowed to associate with an adult detainee in any circumstances. We are clear that all new custody suites must be designed with the capability to allow separation of adult males, adult females and children.

Members have made reference to data in their speeches. I can tell the House that the Home Office will publish data on strip searches in custody for the first time this year as part of a wider custody collection, which will greatly increase transparency and accountability. We anticipate that this collection will ultimately become mandatory.

[Marsha De Cordova]

Will the Minister give way on that point?

[Rachel Maclean]

I will just finish my point, as I may well be answering the question. We are exploring with forces the feasibility of collecting more detailed data on thorough searches following stop and search to complement this. A number of datasets are part of this work. One such set could well be the time taken for appropriate adults to be present, as the hon. Member for Battersea referred to in her speech.

[Marsha De Cordova]

On the point about data collection and strip searches, as it stands, a strip search will take place where there has been an arrest, and that data is recorded. A strip search could also take place where there has not been an arrest, and that data is currently not mandatorily recorded. Could the Minister confirm that that is now going to be the case?

[Rachel Maclean]

I will write to the hon. Member on that point. As I am sure she knows, the Minister who would normally be responding to this debate is the Minister for Crime and Policing, my right hon. Friend the Member for North West Hampshire (Kit Malthouse). He has the knowledge and policy expertise on all these matters, and I am sure he would be able to answer the hon. Lady were he not in the main Chamber. We will absolutely write to the hon. Lady to update her on those points.

The hon. Member for Battersea referred to levels of trust in police among ethnic minorities and young people in particular. She is right that recent incidents have raised some serious issues within the police, and it is right that the Government ask difficult questions to drive positive change. Our police are more diverse than ever before. Forces have worked hard to improve community engagement, and we have seen major improvements in the way the police deal with racist crime. However, we still know that there is much more to do. That is why attracting more officers from a wide range of ethnic and socioeconomic backgrounds is a core ambition of our drive to recruit an extra 20,000 officers.

As we set out in the “Inclusive Britain” report, the Government and policing partners will create a new national framework for how the use of police powers such as stop and search is scrutinised at a local level. We will also explore sharing body-worn video footage with scrutiny panels and removing unnecessary barriers to its use to increase community oversight. I welcome the Ministry of Justice’s support for a project with the National Police Chiefs’ Council to develop scrutiny panels on the use of strip search with the aim of addressing the difference in experience of ethnic minority children and adults in police custody. I am sure the hon. Lady can agree with and welcome this significant programme of work to tackle some of the concerns she has raised.

I would like to respond to a few more specific points. Before I do, I want to thank the hon. Member for Strangford (Jim Shannon) for his thoughtful contribution. He is right that we have no direct oversight of police forces in his constituency, but his suggestion that I meet with my counterpart in Northern Ireland is an extremely good one. He has form in filling up my diary, because the last time I responded to a debate he spoke in, I was a transport Minister and I had a really productive conversation with my counterpart in Northern Ireland, so I am happy to do that again.

Members have referred to the issue of the detention clock, the timing of it and the work done by Dr Miranda Bevan and Dr Vicky Kemp. The Home Office is fully aligned and engaged with this work. This is a complex issue, as I am sure Members will understand. We meet frequently with police, solicitors and wider stakeholders. Dr Kemp has addressed these meetings with updates on the findings, and we are committed to considering the final outcomes carefully. Of course, we will take Dr Kemp’s recommendations very seriously.

I was asked about legal advice and whether it should be an opt-in or opt-out pilot. We would all have the view that children should be prioritised for in-person legal advice. I know that colleagues in the MOJ are running a pilot scheme, which I understand is being trialled by the Metropolitan police. That is very important because of the significant representation of arrested ethnic minority children. That pilot is ongoing, and it will be important to look at how it progresses, take lessons from that and see what the implications are for national policing.

I think I have addressed all the key points raised by Members, Mr Hollobone, but obviously they are always free to write to me about any specific points of details. To finish, this is a really important and sensitive area. I thank Members for the way in which they have raised the concerns of their constituents and communities. We take the issue very seriously and we recognise that there is a lot of work to do in this space. I hope Members are reassured that we understand and prioritise the issue. We are funding the police to do their job. We look at policy areas where things are failing, but we also recognise that the police have an incredibly difficult to job to do. I again thank the hon. Member for Lewisham East for her consistent advocacy for vulnerable children.