Oral Answers to Questions

Rachel Maclean Excerpts
Monday 17th January 2022

(2 years, 3 months ago)

Commons Chamber
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Matt Western Portrait Matt Western (Warwick and Leamington) (Lab)
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2. What discussions she has had with the Attorney General on taking steps to increase the prosecution rate for rape. [R]

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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We are determined to increase the number of rape cases reaching court, which is why we are working closely with the Attorney General and the Deputy Prime Minister to implement the rape review action plan, published in June. Progress includes publishing the first scorecard on cases, in order to understand where the system is failing to deliver; piloting a new approach to investigations through Operation Soteria; and launching a victims’ Bill consultation.

Matt Western Portrait Matt Western
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Two fifths of police forces actually lack specialist rape units, despite clear evidence showing that they are important to achieving successful case outcomes. Warwickshire shut its RASSO—rape and serious sexual offences—unit in 2014 and its domestic abuse unit last year, yet it has the worst conviction rate. Next week, I am going to hold a summit on violence against women and girls. I want to know from the Minister: why do the Government oppose Labour’s calls for RASSO units to be restored to all police forces? Can she explain whether there is any correlation between the conviction rates achieved, with Warwickshire’s being the worst in the country, and the loss of such units?

Rachel Maclean Portrait Rachel Maclean
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It is obviously not the case that we are opposing measures to improve rape prosecutions. That is why we are funding five police forces to pilot this new approach to rape investigations, and we have committed to expand this through 14 police areas. Moreover, we are providing comprehensive funding to independent sexual and domestic abuse advisers to help bring these atrocious cases to court.

Jess Phillips Portrait Jess Phillips (Birmingham, Yardley) (Lab)
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I spent Friday morning with a young 20-year-old rape victim who is now in her fifth year awaiting a trial. I then spent the afternoon with a young woman who has been groomed and sexually exploited for a decade. She told me that on occasion she has been forced to have sex with up to 50 men a day. The police cannot guarantee her safety, in her complex case of organised crime, so she has come forward and withdrawn numerous times. Both the accused rapist in the first case and the many, multiple gang members involved in the second are walking free, able to abuse, groom and rape as many women and children as they like.

These cases are not rare; they are not unusual. Operation Soteria has already made it very clear to Ministers that there is a real need for more specialism and priority within police forces, so the Minister saying that she is going to pilot it in 14 more areas and find out the exact same thing is not going to be enough. There is a need for specialism, and a need for it now, so why are the Government not backing Labour’s calls to ensure that every police force area has a RASSO unit? Will she answer that?

Rachel Maclean Portrait Rachel Maclean
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All of us speak to and work with victims of horrendous crimes. Ministers are constantly engaged in that kind of work. That is why we are putting more funding into the police to enable them to tackle these hideous crimes. The hon. Lady has referred to a number of specific cases. She has not been clear which police areas or local authorities are involved, but we are very happy to work with her on these specific cases. To be clear, let me say that funding for these important specialisms has been increased, and we are increasing funding to the police to the tune of £15.9 billion.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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The two points made by Labour Members were very powerful and have had a huge impact on the House, and I thank them for making them.

I simply rise to say that there also needs to be a very careful balance, because, from time to time, people are accused of rape when they are innocent. I do not want to see the pendulum swing from one extreme to another and injustice being done in another way.

Rachel Maclean Portrait Rachel Maclean
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I thank my hon. Friend for raising such an important issue. These and many other issues are captured in the rape review. Every Member of this House will be concerned about the level of rape prosecutions, which is why the Government are working across Departments to improve the system overall, and it is absolutely right that we do so.

Lindsay Hoyle Portrait Mr Speaker
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I call Dame Diana Johnson—I welcome the right hon. Lady to her first Question Time as Chair of the Home Affairs Committee.

Diana Johnson Portrait Dame Diana Johnson (Kingston upon Hull North) (Lab)
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The Minister will know that, in 2015, in her report on rape investigations and prosecutions in London, Dame Elish Angiolini recommended that the specialist RASSO police officers should investigate rape cases. We heard much evidence to back that up in the inquiry that the Home Affairs Committee has just concluded. I have a question for the Safeguarding Minister, who appeared before the Committee in December. At the time she could not tell us how many police officers were RASSO trained, or, indeed, how many of the new recruits to the police had been RASSO trained. Is she able to do so today?

Rachel Maclean Portrait Rachel Maclean
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I congratulate the right hon. Lady on her election to the Chair of the Home Affairs Committee. I look forward to responding to her in due course. She raises an important issue. It is important to say that specialist training is taking place through Operation Soteria and a number of other avenues. I am very happy come back to her or to write to her with those figures.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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3. What progress she is making on removing failed asylum seekers from the UK; and if she will make a statement.

--- Later in debate ---
Barbara Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
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4. What steps her Department is taking to improve support for victims of domestic abuse.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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Our landmark Domestic Abuse Act 2021 will strengthen our protection of victims and ensure that perpetrators feel the full force of the law. Furthermore, we will be publishing the first ever domestic abuse strategy to transform the whole of society’s response to domestic abuse to prevent offending, support victims and pursue perpetrators as well as strengthening the whole system needed to deliver those goals.

Barbara Keeley Portrait Barbara Keeley
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A recent meeting of the all-party parliamentary group for ageing and older people reviewed the shocking figures for femicide and violence against older women. Women aged over 60 are one in five of femicide victims, representing 75% of the 280,000 older people between 60 and 74 who are victims of domestic abuse. Further, the crime survey for England and Wales has only just started collecting data on people over 74, and that data is beset by problems of under-reporting. Does the Minister recognise the need for both more effective data collection and support services that are designed around and suitable for older domestic abuse victims?

Rachel Maclean Portrait Rachel Maclean
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I thank the hon. Lady for raising this important issue. She is right that more needs to be done. More is being done, and we will set out more ways that we will help older victims in our domestic abuse strategy, which we will publish shortly. It is vital that every victim of domestic abuse, no matter their age, can get the right help. That is why we have provided additional funding to support victims of rape and domestic abuse, and we are giving local authorities more money to enable them to play their part.

Catherine West Portrait Catherine West (Hornsey and Wood Green) (Lab)
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5. What steps she has taken to expedite the processing of Windrush compensation scheme claims.

--- Later in debate ---
Sarah Olney Portrait Sarah Olney (Richmond Park) (LD)
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8. What discussions she has had with (a) the Equalities Office and (b) women’s rights campaigners on the effectiveness of (i) the Path Community app and (ii) other online safety tools.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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I speak regularly with the Equalities Office and campaigners on ways to tackle violence against women and girls. We believe that women should not have to change their behaviour to stay safe, which is why our strategy sets out preventive measures to tackle violence against women and girls focusing on changing misogynistic attitudes; however some people might choose to use one of the many apps, including the Path Community app, that are available to them.

Sarah Olney Portrait Sarah Olney
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Many women’s rights campaigners, including Reclaim These Streets, have called apps such as the Path Community app insulting to women and girls. They claim it does nothing to tackle men’s violence against women, so why are the Government continuing to push the app and present it as some kind of solution?

Rachel Maclean Portrait Rachel Maclean
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I thank the hon. Lady for giving me the opportunity to put on the record that we are not specifically pushing—I think that was the word she used—or promoting or backing that one app. As I said in my answer, there are many apps, and many women use those apps of their own choice. Of course we welcome that choice for individuals; on the other hand, it is vital that the Government play our part in tackling violence against women and girls through the multiple other measures set out in the “Tackling violence against women and girls strategy”, which I invite her to read.

Peter Gibson Portrait Peter Gibson (Darlington) (Con)
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9. What steps her Department is taking to ensure that the police are adequately funded to enable them to reduce crime.

Youth Crime and Antisocial Behaviour

Rachel Maclean Excerpts
Wednesday 12th January 2022

(2 years, 4 months ago)

Westminster Hall
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Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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It is a huge pleasure to serve under your exemplary chairmanship, Mr Robertson. I thank my hon. Friend the Member for Stockton South (Matt Vickers) for securing this important debate. It has been a wide-ranging debate touching on vital issues that affect all our constituents and all our communities. I thank him very much for bringing to my attention and to that of Home Office officials the courage of the individuals in the cases he mentioned. All the Members in this debate have brought personal stories to the fore, and I commend them for doing so and their constituents for coming forward.

We would think from listening to the hon. Member for Croydon Central (Sarah Jones)—it is a pleasure to follow her, and we do have a good debating relationship—that the Government are doing nothing on this, so let me start by saying that this Government have put beating crime front and centre. It is a key part of the levelling-up agenda to tackle antisocial behaviour, youth crime and wider crimes. At no stage do we believe or think that this is low-level behaviour; we never underestimate the impact that it has on communities, public spaces and the law-abiding majority who want to go about their business. We have seen so much in the pandemic that the enjoyment of public spaces is vital for mental and physical health, and we are firmly and fully committed to tackling and preventing crime, youth crime and antisocial behaviour.

In the constituency of my hon. Friend the Member for Stockton South alone, Cleveland police has recruited 194 additional police officers and will be receiving £157 million in funding, which is an increase of up to £7.7 million on previous years. That is replicated around England and Wales. Across the country, we have recruited 11,053 officers towards the 20,000 target, which was set out at the last general election, for England and Wales. Some Members from Wales are here, and I am sure they will welcome that funding from Conservative central Government. The police across the country will receive £15.9 billion for this financial year. I am sure we can all agree that these are significant amounts of public money being dedicated by this Conservative Government to this vital priority.

If we are to successfully address antisocial behaviour and youth crime, it is vital that Government, local authorities, frontline professionals and voluntary sector partners work together. That is at the heart of our plan. I commend all the Members who mentioned the community groups and various charities that are working so hard in this area. I have the same experience in my Redditch constituency. Those groups can do some things that the state cannot, no matter how well-funded and well-meaning it is. As the hon. Member for Liverpool, West Derby (Ian Byrne) eloquently said, they can reach people who are out of reach, and it is vital that they continue to do so.

Jim Shannon Portrait Jim Shannon
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In my contribution, I referred to Street Pastors as one such organisation. I am aware that it works in the constituency of the hon. Member for Vauxhall (Florence Eshalomi), as it does in others. What discussions has the Minister had with Street Pastors about using that voluntary service for the betterment of all the community?

Rachel Maclean Portrait Rachel Maclean
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I thank the hon. Gentleman so much for raising that. I strongly support that service with all my heart. I have seen how Street Pastors works effectively, especially in the night-time economy. We have debated violence against women and girls, and the Home Office has funded a number of such schemes and enabled local authorities to roll them out in their local areas.

Antisocial behaviour comes in various forms and guises. It differs from community to community, which is why it is important that there are flexible local powers that can be used, along with local knowledge of an area from local communities and the other agencies in it.

Members will be familiar with the changes that were made following the introduction of the Anti-social Behaviour, Crime and Policing Act 2014. A number of tools and powers were introduced at that time. Some of those powers can be issued by a court, and they impose positive restrictions or requirements on an individual convicted of a criminal offence who has engaged in behaviour that has caused, or is likely to cause, harassment, alarm and distress. One of those powers is a community trigger, which is a vital safety net. My hon. Friend the Member for Stockton South made a point about the burden of evidence on communities. I encourage him to come back to me to have a detailed discussion with my officials. We are very keen to hear how we can improve that so that these powers work effectively for his community and others.

I do not have a huge amount of time left. I want to focus my remarks on parenting orders, which Members have raised.

Lyn Brown Portrait Ms Lyn Brown
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Will the Minister give way?

Rachel Maclean Portrait Rachel Maclean
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I am really sorry, but I—

Lyn Brown Portrait Ms Brown
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I just want to get a commitment to a meeting.

Rachel Maclean Portrait Rachel Maclean
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I will save the hon. Member the trouble; I will happily meet her. However, I want her to know that the Home Office is working with and funding the Children’s Society on many of the issues that she rightly touched on. Modern slavery is a vital part of the Government’s plan.

A parenting order is not the only way in which we can require families to engage with the authorities and tackle this behaviour at the source. Very often, youth offending teams work with parents on a voluntary basis. The experience is that parents often engage readily and take part in specific programmes, including parenting programmes, and that can have a very helpful, positive outcome. However, when that does not work, youth offending teams can ensure compliance and encourage engagement by issuing warning letters and using compliance panels. Consistent non-compliance without a good reason can lead to a police investigation and proceedings in court. Non-compliance may lead the court to issue a fine of up to £1,000, a probation order, a curfew order or an absolute or conditional discharge.

The hon. Member for West Ham (Ms Brown) raised county lines. I have a huge amount of respect for her, but unfortunately, she did not credit the work that has been going on nationally on county lines. I want to update her: since 2019, the police have closed more than 1,500 county lines, made over 7,400 arrests, seized £4.3 million in cash and drugs and safeguarded more than 4,000 people. Whatever party Members are from, I am sure that they can welcome that achievement.

Lyn Brown Portrait Ms Lyn Brown
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Will the Minister give way?

Rachel Maclean Portrait Rachel Maclean
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I am afraid I will not. I have such a lot to say and I have had less time than the Opposition spokesperson, the hon. Member for Croydon Central, and other Members.

We are investing £560 million in youth services in England over the next three years, including the youth investment fund, to transform the Government’s offer to young people and to level up opportunities right across the country. To kick-start the youth investment programme, an additional £10 million will be spent this year in key levelling-up areas to enable local youth providers, such as the ones that many Members have mentioned, to invest in projects and expand the reach, number and range of services that they currently offer. I think that we all agree that these types of crimes have complex roots, and they often go back generations. We must tackle the causes of crime as well as having the appropriate powers, enforcement and sentences.

I will touch briefly on the safer streets fund, as it is extremely relevant to many of the issues raised by Members. I am sure that my hon. Friend the Member for Stockton South knows this, but may I remind him that Cleveland police have £366,289 from the safer streets fund, and that that project will carry out a variety of crime prevention measures, including 30 new or upgraded CCTV cameras, refurbishment of four alley gates and bespoke target-hardening measures for residents’ homes. It is these basic safety measures that can give confidence to communities that the presence and the security are there.

Overall, across the country, the Government have invested £70 million in the first three rounds of the safer streets fund. This financial year alone, the fund is supporting 107 local crime prevention projects to implement interventions such as improved street lighting, increased CCTV, increased presence of “guardians” to deter crime, and, pivotally, training to change attitudes and behaviours.

Most of these measures are set out in the Government’s beating crime plan. I encourage all Members to read the plan. It is a key manifesto commitment of this Government to get crime down and to set out how we will tackle crime and the causes of crime. It is a targeted approach to places, people and the business of crime underpinned by getting those basics right. The whole plan is supported by an unwavering commitment to the police that we will do everything in our power to combat crime and work out what actually works in keeping our country safe.

We are working with practitioners and experts who deal with this issue day in, day out. In a further strand, which is vital, we are working across the country with partners to establish principles for a strong and effective partnership response to antisocial behaviour. That is why we have undertaken the police and crime commissioner review to equip PCCs with the tools and levers that they need to drive down crime and antisocial behaviour in their areas. As I said at the start, we recognise the damage and distress caused by antisocial behaviour. We recognise the devastation to lives caused by youth crime, both to the perpetrators and the victims, and I am absolutely committed, as are my Home Office colleagues, to tackling this issue head-on.

Historical Allegations of Sexual Abuse

Rachel Maclean Excerpts
Wednesday 5th January 2022

(2 years, 4 months ago)

Westminster Hall
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Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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May I take this opportunity to wish a happy new year to you and all the team, Mr Betts, and to the right hon. Member for East Ham (Stephen Timms) and the hon. Member for Strangford (Jim Shannon)? It is a huge pleasure to serve under your chairmanship.

I am grateful to the right hon. Gentleman for sharing the vital, harrowing and heartfelt account of his constituent, which we cannot listen to without feeling extremely distressed. It is clear from that account, which he set out incredibly powerfully, as he always does, that Sharifa has seen the worst of a system that is supposed to deliver justice and support. I pay tribute to her tremendous resilience and courage. It cannot be easy for her to speak about these issues, especially given the trauma she has suffered. I hope to address the points that the right hon. Gentleman has raised. We will be happy to meet him at the end of the debate to go through the specific details of the case, because there are some facts that we do not have yet. Other ministerial colleagues may be interested in this, and I am happy to act as a point of contact and to do whatever I can to help him.

The right hon. Gentleman raises a key point about the contact that Sharifa had with the sexual assault referral centre. These centres are commissioned by the Department of Health and Social Care through NHS England and NHS Improvement and are designed, as he said, to provide an integrated response to sexual violence and rape, and are available to all victims and survivors of violence and abuse, irrespective of age, gender or when the assault and abuse occurred. There is a lot of positive work to talk about, including the increase in investment into these centres every year since 2015, but it is clear that the services could have worked much better in this instance. There is always more for us to do to improve on that.

The right hon. Gentleman asks about practical and financial support for victims, which is of course at the heart of the Government’s violence against women and girls strategy. In February last year, we launched the #ItStillMatters campaign to help victims and survivors of sexual violence understand their rights and to raise awareness of the support services available to them. Support is available from ISVAs, or independent sexual violence advocates—specially trained advisers to help people who have experienced sexual violence. We are further bolstering support, including by developing a new 24/7 support service for victims of sexual violence, regardless of when and where the abuse took place.

The right hon. Gentleman mentions the Victims’ Commissioner. We introduced a revised victims code that came into effect in April 2021 and sets out the way that victims should be treated and supported by criminal justice agencies. I recognise that he talks about an historical case, but he raises wider issues, so the code is relevant here. Where the police decide not to prosecute a suspect, victims have a right under the code to ask for a review under the National Police Chiefs Council’s “Victims’ right to review” scheme, subject to certain conditions being met. The scheme allows a period of three months for a victim to request a review of a police decision not to prosecute a suspect. Requests made after this period should be dealt with at the force’s discretion. The police may also consider requests made on the victim’s behalf from, for example, a solicitor or MP.

As we all know, the police are operationally independent of Ministers, and the Government are not able to instruct the police to take a specific course of action, but I am clear that I expect them to investigate where there is a case to do so. Moreover, I would expect any complaints made in relation to the handling of a case to be investigated fairly and diligently by the force. As I understand it, the right hon. Gentleman has already been in contact with the police in connection with this case, so the next step is definitely for me or a ministerial colleague to meet him to see what further steps remain.

We are looking to improve the justice system as a whole. Through the Government’s upcoming victims Bill, we will ensure that victims are at the heart of the criminal justice system. The recently published consultation is the first step towards a victims law to deliver the vital improvements needed. We have taken a number of other really important actions in this space. I highlight the Government’s work on the end-to-end rape review, during which we took a hard and honest look at how the entire criminal justice system deals with rape. In too many instances, it simply has not been good enough. We will not rest until we have delivered real improvements.

The right hon. Gentleman asked about the timing for the VAWG national communications campaign, which is a central part of our tackling violence against women and girls strategy. It was a key commitment that we would launch a comms campaign this financial year that targets and challenges the perpetrators of these awful crimes, and ensures that victims can recognise abuse and receive support. It is vital that the public do not think that there is any way that they can get away with these unacceptable behaviours and crimes. I reassure him that a considerable amount of work is going on with stakeholders. I am leading on that work and have had numerous meetings with the women’s sector, academics and victims’ services.

We want to ensure that we get the campaign right. Clearly, designing any Government-led campaign is complex. We need to ensure that the messages, when we promote them, are received and are likely to lead to the kind of behaviour change that we want, because we are spending public money on it and we want to ensure that we get it right. We have a collaborative process under way, which we are very confident will help to deliver an effective campaign that provides value for money and delivers lasting change. I am confident that the right hon. Gentleman will see some tangible results very soon. Please be reassured that I am pushing the team in the Home Office to crack on with that work because, as he says, it is vital.

The right hon. Gentleman also asked about time limits for bringing claims. In England and Wales there is a statutory time limit of three years for bringing a personal injury claim, although section 33 of the Limitation Act 1980 makes express provision for the court to exercise discretion in granting extensions to that. Such discretion is regularly applied in historical sexual abuse claims, and judges have guidance on what should be taken into consideration, including guidance specific to child sexual abuse cases. The right hon. Gentleman will no doubt be aware of the independent inquiry into child sexual abuse that is under way. In our strategy, we have said that we will consider further reform in the light of the inquiry’s recommendations, which we have not yet received.

The right hon. Gentleman highlights the Scottish legislation, which offers one possible model that we will consider as part of the process. He may wish to know that there have been some claims. In 2020, three claims over 20 years beyond the three-year statutory time limit were allowed by the judge to proceed to trial following a section 33 exemption application, although I appreciate that his constituent has not had that experience. Undoubtedly, there is a frustration in her case.

I put on the record again my sincere thanks to the right hon. Gentleman for advocating on behalf of his constituent. I wish her all the best. He said that she is a determined woman, so I pay tribute to her ongoing fight to receive justice; it is vital that she does so. She has shown such bravery in telling her story and sharing her terrible experience. Although I obviously cannot provide him with an immediate resolution, I hope that I can reassure him that we are taking the issue seriously. We are taking all the steps that we can to ensure that victims receive access to justice. I ask him to write to me with full details of the case, and I or a ministerial colleague will meet with him. Some of the issues are led by different Departments—some sit with the Ministry of Justice; some even sit with Health—but we will assess that, and we will definitely meet her and him, to ensure that we have explored all possible avenues.

Question put and agreed to.

Data Sharing: Immigration

Rachel Maclean Excerpts
Wednesday 15th December 2021

(2 years, 5 months ago)

Written Statements
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Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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Today, I am pleased to announce the publication of the Home Office’s review into data sharing arrangements between the Home Office and police on migrant victims and witnesses of crime with insecure immigration status.



The review follows a commitment made in response to recommendation 2 of Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services “Safe to Share” report, published in December 2020.



Having considered the views of domestic abuse and modern slavery sector groups the Home Office review acknowledges the concerns raised around the current data sharing arrangements and recognises that there is room for improvement to give migrant victims greater confidence to report crimes committed against them.



The Home Office is committed to supporting the reporting of crime affecting anyone and this includes migrants who have insecure immigration status. Current data sharing practices between the police and the Home Office are essential in protecting those most vulnerable and protecting the public from individuals who are considered to pose a risk of harm to communities.



The review recommends establishing an immigration enforcement migrant victims protocol as an alternative to a data sharing firewall and to give greater transparency to victims on how their data will be shared. The protocol will set out that no immigration enforcement action should be taken against that victim while investigation and prosecution proceedings are ongoing, and the victim is receiving support and advice to make an application to regularise their stay. It will set out, in line with the code of practice for victims rights, what information and signposting IE could offer to migrant victims to help them regularise their stay and thereby reduce the threat of coercion and control by their perpetrators.



The review sets out a commitment to identify safeguards to mitigate the deterrence effect of data sharing and explore analytical options to assess the barriers to reporting crime(s) amongst migrants with insecure immigration status within the UK, to identify further initiatives that could encourage reporting.



The police and Home Office will develop and implement a comprehensive stakeholder and outreach engagement programme designed to promote reporting of crime amongst migrants with irregular immigration status. A key component of this work will focus on building trust and confidence in immigration enforcement and police activities in supporting migrant victims.



The review has been laid before the House and will also be available on www.gov.uk.

[HCWS488]

Director of Labour Market Enforcement's Strategies 2020-21 and 2021-22

Rachel Maclean Excerpts
Monday 13th December 2021

(2 years, 5 months ago)

Written Statements
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Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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Alongside the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Sutton and Cheam (Paul Scully), I am today publishing the Labour Market Enforcement Strategies for 2020-21 and 2021-22, submitted by the previous Director of Labour Market Enforcement, Matthew Taylor. The strategies will be available on www.gov.uk.

The Director of Labour Market Enforcement’s role was created by the Immigration Act 2016 to bring better focus and strategic co-ordination to the enforcement of labour market legislation by the three enforcement bodies which are responsible for state enforcement of specific employment rights:

The Employment Agency Standards Inspectorate (EAS);

Her Majesty’s Revenue and Customs National Minimum and Living Wage enforcement team (HMRC NMW/NLW team); and

The Gangmasters and Labour Abuse Authority (GLAA).

Under section 2 of the Act, the Director of Labour Market Enforcement is required by the Immigration Act 2016 to prepare an annual labour market enforcement strategy, which assesses the scale and nature of non-compliance in the labour market and sets priorities for future enforcement by the three enforcement bodies and the allocation of resources needed to deliver those priorities.

Before his term ended, Matthew Taylor submitted these strategies ahead of the statutory deadlines. It was important to take the time to work with the Director and the enforcement bodies to ensure the strategies were making the right recommendations in the face of the challenges to the labour market presented by the pandemic. We are now working closely with the enforcement bodies as they implement the recommendations alongside their day-to-day enforcement activities.

In previous years, we have published a Government response to the strategies setting out the approach we will take to the recommendations. For the latest strategies, we have instead worked closely with the Director and their office and the enforcement bodies to agree the recommendations ahead of publication of the strategies.

I thank Matthew Taylor for his contribution over the 18 months he spent in the role. I am looking forward to working with the new Director, Margaret Beels, who took up the role in November 2021. Margaret brings with her extensive industry experience, having been chair of the Gangmasters and Labour Abuse Authority (GLAA) since 2011, where she led on work to tackle and prevent modern slavery and labour exploitation—and which she was honoured with an OBE for in 2020.

As we continue to support workers and root out exploitation by rogue employers, Margaret’s experience will be invaluable, and I look forward to working with her in helping to build an economy that works for all.

[HCWS472]

Nationality and Borders Bill

Rachel Maclean Excerpts
Anne McLaughlin Portrait Anne McLaughlin
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I will take your advice on that, Madam Deputy Speaker, although I am little unsure whether we will get answers, because we have not any other time we have been asking for them.

Any disqualification from protection must be reserved for the most serious of offenders—those who pose a serious risk to the public or to national security. A public order disqualification for victims with prior convictions of 12 months or more is too wide, as others have said. There is a real danger that genuine victims who could give vital evidence against slavery networks, and who pose absolutely no risk to the public, will be excluded from that support.

The actual figures for referrals of offenders in immigration detention to the NRM are low, as was said earlier, and the Government have published no data to back up the sensationalist claims made in support of these measures. It is another theme running through every part of this Bill. There is nothing to back up their scaremongering claims. The hon. Member for North East Bedfordshire (Richard Fuller) was also asking for evidence. I very much doubt the Minister is going to give us any, but let us wait and see.

I will move on, finally, to say that I fail to see why all of this is part of an immigration Bill. We are not talking about immigrants; we are talking about victims of criminal offences. In 2016, I sat on the Immigration Bill Committee, and a Government Member, who is not present and whose name I will not reveal, told me, “If people do not want to be trafficked, they should simply say no.” That demonstrated a crass misunderstanding of what trafficking is. These are people who are not trying to migrate to this country; they are simply caught up in exploitation and they end up here.

I will end by saying that I would love to hear what the Minister has to say. I have zero faith that we will hear anything. I have never ever been so ashamed as I am today, because I know that Members will vote for this Bill that will damage, exploit and kill vulnerable people, who they claim to care about. It is absolutely a disgrace.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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We have had an excellent debate. Despite some of the comments I have just heard from the previous speaker, the hon. Member for Glasgow North East (Anne McLaughlin), there is more agreement across the House on the seriousness of these crimes and our determination to tackle them than there is disagreement.

The aims of the modern slavery elements of the Bill are twofold: to provide clarity on victims’ rights and entitlements, supporting effective recovery from this awful crime, and to increase prosecutions of perpetrators of the despicable crime of modern slavery. That is why we make clear for the first time in legislation that where a public authority, such as the police, is pursuing an investigation or criminal proceeding, confirmed victims who are co-operating and need to remain in the UK to do so will be granted temporary leave to remain. Our core principle is that the entitlements provided to victims are based on their needs, delivering a firm but fair approach. The Nationality and Borders Bill will go further than ever before in putting modern slavery victims’ rights into law. At the same time, we will put in place safeguards to ensure that these important protections are provided to those who most need them.

I will begin by addressing the Government amendments. I will attempt to come on to the Opposition amendments, but I do not have very much time. Government amendments 64, 71 and 73 to 75, which will make changes to clauses 60 to 63, are technical amendments that seek to provide greater clarity on the protections provided to possible victims through the recovery period and on when those rights can be withheld, and to ensure that we have flexibility in decision making. Specifically, they enable the conclusive grounds decision to be made in the recovery period, while still providing for a minimum recovery period of 30 days, which is effectively 45 days in guidance. The second part makes clear our position that, in specific circumstances, as set out in clauses 61 and 62, we can withhold the recovery period and the protection from removal that it provides. Those changes allow us to respond to modern slavery as an evolving crime.

On Government amendments 72 and 76 to 83, which all relate to modern slavery specific temporary leave to remain for confirmed victims of modern slavery, the aim is to clarify our international obligations with regard to the provision of temporary leave to remain for confirmed victims. Government amendments 78 and 81 to 83 are minor technical drafting amendments that provide consistency with similar provisions on the statute book. Similarly, Government amendment 79 updates the wording of the clause to reflect amendment 56, which we considered yesterday.

Government amendments 76 and 77 remove the wording “social well-being” from subsection (2)(a) of clause 64 on the temporary leave to remain. That phrase was an over-broad concept that lacked clarity and left the eligibility criteria for a grant of leave under the clause unclear for victims and decision makers, which undermined the aim of the clause.

I reassure hon. Members that we remain in line with our international obligations. We will continue to support, via a grant of temporary leave to remain, those who have a need to be in the UK to recover from physical and psychological harm caused by their exploitation. In the same vein, Government amendment 72 amends the wording in clause 63 from “social well-being” to “social harm”. I reassure hon. Members that the clause will be underpinned by the immigration rules, which will provide more guidance on the issue for decision makers.

Government amendment 80 extends the current policy in the Bill that temporary leave will be provided where needs cannot be met in another country of which the individual is a national or citizen, another Council of Europe convention on action against trafficking in human beings signatory country, or any country with which we have an appropriate bilateral agreement. Decision makers will assess potential returns on a case-by-case basis following an individualised assessment in line with guidance and available country information.

Stuart C McDonald Portrait Stuart C. McDonald
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Will the Minister give way?

Rachel Maclean Portrait Rachel Maclean
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If the hon. Gentleman will forgive me, I have a huge amount to put on the record. I may take interventions later in my speech, but I have a number of things that I need to address.

I commend the Government amendments to the House and turn to the non-Government amendments. I will attempt to address the points of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). As I have said, the Government are committed to tackling the heinous crime of modern slavery. I will first turn to some of the points made by the hon. Member for Halifax (Holly Lynch) and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson).

I thank the right hon. Member for Kingston upon Hull North and the organisations that she works with for meeting me. I commend her for her extensive work on this important point. I say again that we are committed to tackling all forms of modern slavery. We recognise the specific and horrific circumstances that victims of sexual exploitation have gone through. We believe that we have the right tools and a compassionate approach to those traumatised victims. Our people are fully trained to take a trauma-informed approach to advocate for them with compassion to help them to rebuild their lives and to reintegrate in their communities.

The hon. Member for Halifax referenced the issue of child victims of modern slavery. I repeat to her and other hon. Members who raised the issue that safeguards are built into the measures and that decisions will be made on a case-by-case basis with appropriate levels of care. It is the clear duty of the Government to safeguard and protect child victims of that appalling exploitation.

The people who are dealing with those victims are professionals who will use their discretion and, again, a trauma-informed approach. They fully understand and appreciate the experience of those children—those vulnerable victims—and will ensure that they get the right support and approach to rebuild their lives. I have much more to say about all the work that we are doing with regard to that, victim navigators and independent child trafficking guardians, and some of the other work that we are doing across police forces, but I am afraid that time will not allow me to expand on those issues.

New clause 47, which was tabled by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and signed by several other hon. Members, including my hon. Friend the Member for Wellingborough (Mr Bone), relates to support and leave to remain for confirmed victims. It is clear that we share common aims of bringing the perpetrators of that horrendous crime to justice and of supporting victims to rebuild their lives.

I put on record my appreciation of my right hon. Friend the Member for Chingford and Woodford Green, my hon. Friend the Member for Wellingborough and many other hon. Members who have advocated for many years to ensure that we support the victims of that awful crime. A number of organisations, such as the Centre for Social Justice, have been instrumental in that; I want to continue to work with them. We are absolutely committed to ensuring that those victims of modern slavery have the support that they need to assist their recovery and the support that they need when they are engaging with the police and through the criminal justice process.

It is a priority to increase prosecutions of perpetrators of modern slavery. My hon. Friend the Member for Wellingborough is absolutely right that we do not want to see any victims in the system, which is why we are making it clear for the first time that, where a public authority such as the police is pursuing an investigation, those victims who are co-operating and need to remain will be granted temporary leave to remain. Our legislation also makes it clear that leave will be granted where it is necessary to assist an individual in their recovery from any physical or psychological harm arising from the relevant exploitation or where it is necessary to seek compensation from their perpetrators. It is right that leave is granted to those who need it—that is firm but fair.

That is but one element of our work to strengthen the criminal justice response to modern slavery. Since 2016, we have invested £15 million to support the police’s response to modern slavery, led by the modern slavery and organised immigration crime programme. Through that programme, the Home Office has provided funding for specialist training for police victim liaison officers, who build trust with victims to facilitate engagement with the process using a victim-centred approach.

My right hon. Friend the Member for Chingford and Woodford Green spoke about the critical role that victim navigators play to help those traumatised individuals to engage with the system to ensure that we bring those despicable criminals to justice. To reflect the need for that specialist expertise, the Home Office funding provides a bespoke modern slavery intelligence hub with regional analysts, operational co-ordinators and improved training to support police forces and increase prosecutions. We are constantly ramping up that work so that we can best get to the source of those awful crimes.

I assure my right hon. Friend that all those who receive a positive conclusive grounds decision and are in need of tailored support will receive appropriate individualised support for a minimum of 12 months. We will set out further details in relevant guidance.

I add a note of appreciation for the hon. Member for Glasgow East (David Linden), who raised the issue of us all being aware of where modern slavery may be happening under our noses. I fully agree with those words and bring them to the attention of everybody in the House.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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I am grateful that my hon. Friend has given the commitment to 12 months, but there are other elements in the new clause. It is not my intention to press it to a vote but, if such amendments are not tabled in the other place, others will table an amendment and we will bring it back to this House for a vote.

Rachel Maclean Portrait Rachel Maclean
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I thank my right hon. Friend for his words. We will of course watch the progress of the Bill through the other place with interest, and I am happy to work with him and any others as we do so.

Amendments 127 and 128, to which a number of Members have referred, seek to remove clauses 57 and 58 on the one-stop process as it relates to information relevant to modern slavery. These clauses are crucial to the Bill to enable us to appropriately identify victims at the earliest opportunity and make sure that they get support to rebuild their lives.

Finally, on new clause 39 and amendment 3, I appreciate the concerns about clause 62, but it is right that we should be able to withhold protection from serious criminals and those who pose a national security threat to the UK. I would like to reassure hon. Members such as my hon. Friend the Member for North East Bedfordshire (Richard Fuller) that our approach is not to have a blanket disqualification based on public order, but to take a case-by-case approach to decisions and consider the individual’s circumstances.

I would like to restate that our approach is to stamp out this evil and inhuman trade. The Bill is firm and fair, and it is in line with the overall objectives of our new plan for immigration. For those reasons, I hope that hon. Members will be content not to press their amendments.

Question put, That the clause be read a Second time.

The House proceeded to a Division.

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. Would the Serjeant at Arms please investigate the delay in the Aye Lobby? This is not acceptable: this Division should have been concluded by now. There is a lot of business to be done this afternoon, and taking too long to vote is taking time out of the next item of business.

The House continued to divide.

Oral Answers to Questions

Rachel Maclean Excerpts
Monday 22nd November 2021

(2 years, 5 months ago)

Commons Chamber
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Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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3. What steps she has taken to support local partnerships to help prevent violence against women and girls.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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Our strategy is a whole-system approach, with different local agencies—for example, the police, healthcare and social care—working together to ensure more effective interventions. To that end, we have put in place guidance, training and online resources for the police and healthcare and educational professionals, and we will shortly be refreshing our national statement of expectations to support local areas in commissioning services.

Rachael Maskell Portrait Rachael Maskell
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The unacceptable and continued prevalence of misogyny and violence against women and girls highlights the need for multi-agency partnerships, but the funding is woeful, yet the challenge is great. Will the Minister ensure that the police, who are ever focused on crime detection rather than crime prevention because of the lack of resources, have the resources at hand to build the multi-agency partnerships that are vital to change the culture?

Rachel Maclean Portrait Rachel Maclean
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I reject what the hon. Lady says about funding and resources. In her area, the police are receiving their fair share of the 20,000 additional police officers we have pledged to hire. She will already see 114 additional officers in her area, and the police are receiving up to £171.7 million of funding—an increase of £5.5 million—so I suggest that she talks to her local police and crime commissioners and ensures that they are prioritising that funding in the right way.

Alun Cairns Portrait Alun Cairns (Vale of Glamorgan) (Con)
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Domestic violence is one of the ugliest and saddest outcomes of some of the measures that the Government were forced to introduce to handle the covid pandemic, but may I draw the Minister’s attention to the excellent work of the domestic abuse charity Atal y Fro in my constituency, which has encouraged GPs to follow the IRIS—identification and referral to improve safety—programme, enabling them better to identify some of the more prevalent symptoms among victims of domestic violence?

Rachel Maclean Portrait Rachel Maclean
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I thank my right hon. Friend for drawing the attention of the House to that excellent programme, which highlights the important role that frontline GPs have in identifying and getting help to victims. I have been informed that he ran the London marathon to raise funds for a charity in his area. I congratulate him on all the hard work that he is doing; I am sure that those services will benefit enormously.

Jess Phillips Portrait Jess Phillips (Birmingham, Yardley) (Lab)
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I have a point about the funding. The Randox contract that was granted without any tender is five times the amount that we spend on domestic violence refuges for the entire country—just FYI.

In September, Her Majesty’s inspectorate of constabulary and fire and rescue services published a report making clear the current failings, and pushing for the implementation of its urgent recommendations to improve our national response to violence against women and girls. On 22 September, 18 October and 8 November, I asked the Minister if and when the Government would implement the recommendations in full. I am at risk of sounding like a broken record, as I ask again now: will the Minister today commit to keeping to the very detailed action plan commanded by the inspectorate within the timescale that it states? I do not want to hear again, or in a few weeks’ time, that the Department is still looking closely at the recommendations. Will she commit to them today?

Rachel Maclean Portrait Rachel Maclean
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If I may just make a point on funding, I am sure that the hon. Lady would welcome the fact that the Government are providing £300 million of support for victims and witness support services this year.

Jess Phillips Portrait Jess Phillips
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Half the amount of the Randox contract.

Rachel Maclean Portrait Rachel Maclean
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No, that is not relevant. This is a very important subject, and victims and support services deserve to know that this Government are on their side.

Let me turn to the report referenced by the hon. Lady. This is not a broken record. These are the facts: we are responding and taking action, which is why the Home Secretary is leading on a ministerial group across Government, bringing together the whole of Government to bear down on the recommendations outlined in the report—[Interruption.] Perhaps the hon. Lady would like to listen to the Minister. We have also appointed Maggie Blyth to lead the work across the entire police force and criminal justice system that will focus on addressing violence against women and girls, which is a priority for this Government.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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4. What progress her Department has made on tackling illegal migrant channel crossings.

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Carolyn Harris Portrait Carolyn Harris (Swansea East) (Lab)
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7. What recent assessment she has made of trends in the level of suspected modern slavery offences.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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Modern slavery is a truly awful crime. Statistics for England and Wales show that police-recorded modern slavery offences increased by 2% in the year to June 2021, and live investigations also increased from 188 in December 2016 to 3,869 in October 2021. We are committed to tackling modern slavery and we have invested £15 million to strengthen the police response over the past five years.

Carolyn Harris Portrait Carolyn Harris
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Prosecution and conviction rates of perpetrators of modern slavery are surprisingly low. Evidence from Justice and Care’s victim navigator programme shows that with appropriate support more victims would have the confidence to help investigations, resulting in more prosecutions. Will the Minister please consider giving all confirmed victims at least 12 months’ support in the country so that they can feel empowered to engage with the justice process?

Rachel Maclean Portrait Rachel Maclean
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I thank the hon. Lady for her question; she has highlighted an important issue. The whole point of our modern slavery strategy is to be able to track down and prosecute those horrendous criminals who heartlessly traffic human beings into this country. The entire force of the Government’s policy making is devoted to that end.

Jacob Young Portrait Jacob Young (Redcar) (Con)
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Many people who are victims of modern-day slavery are those who have been illegally trafficked into this country across the channel. What are the Government doing to break up the criminal gangs dangerously smuggling people across the channel and bring an end to these illegal crossings?

Rachel Maclean Portrait Rachel Maclean
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I thank my hon. Friend for highlighting that. There are a range of measures in the Nationality and Borders Bill. I very much hope that Opposition Members will support those measures so that we can break down these criminal gangs. We are also working very closely with the police and we have invested additional funds in our courts system to catch up from the backlog of the pandemic.

Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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I have heard what the Minister has said, and we can all agree that perpetrators of modern slavery are committing heinous crimes and must be brought to justice. With that in mind, I wonder whether Government Ministers have read the independent anti-slavery commissioner’s recent article entitled “Rushed borders bill will fail victims of modern slavery”. Will the Government urgently act to address the failings in the Nationality and Borders Bill before it effectively tears up the Modern Slavery Act 2015, letting down victims and letting perpetrators get away with their crimes?

Rachel Maclean Portrait Rachel Maclean
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I can assure the hon. Lady that I meet the independent anti-slavery commissioner and she plays a very important role in informing the Government’s policy. I can also assure her that the Nationality and Borders Bill is going to strengthen the Government’s response and support for the victims of modern slavery. We have a world-leading system to support and protect victims of modern slavery that we have backed with significant Government resources and investment. The legislation that we are passing will enable us to respond more compassionately to those victims.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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While the Minister is absolutely right to say that we lead Europe on modern-day slavery, the question asked by the hon. Member for Swansea East (Carolyn Harris) goes very much to the heart of the matter: if we want more prosecutions, we need more victims to come forward. The way to do that is that if they are coming into this country irregularly they need a year of leave to remain here so that we can get at these—please excuse this if it is not parliamentary—evil bastards. Will the Minister reply to the hon. Lady’s question: can we have that year?

Rachel Maclean Portrait Rachel Maclean
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I can reassure my hon. Friend and all Members in the House that those victims who are working closely with the police and the Crown Prosecution Service are looked at on a case-by-case basis. Where they are assisting the police and the criminal justice system with their inquiries, they are permitted to stay in this country, and our legislation that we are bringing forward will clarify that further. [Interruption.] I have met victims of modern slavery, thank you, I say to the hon. Member for Birmingham, Yardley (Jess Phillips), who is speaking from a sedentary position.

Lindsay Hoyle Portrait Mr Speaker
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Order. Let us try to calm it down. We do not want another week like last week. When Members have asked their question, they do not need to continue.

Rachel Maclean Portrait Rachel Maclean
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I hope I have answered my hon. Friend the Member for Wellingborough (Mr Bone). I am happy to speak to him in more detail. I make it clear to the hon. Member for Birmingham, Yardley that I have met victims of modern slavery. I have heard their stories, which are shocking, and we are putting all our efforts into preventing these crimes and dealing with the people who perpetrate them.

Mark Logan Portrait Mark Logan (Bolton North East) (Con)
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15. What recent assessment her Department has made of the progress of its tackling violence against women and girls strategy.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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Crimes of violence against women and girls are abhorrent and have no place in our society. Maggie Blyth has been appointed as the new policing lead for tackling violence against women and girls. We have launched a £5 million safety of women at night fund, and we will be launching a national communications campaign focused on targeting perpetrators, educating young people and ensuring victims can access support.

Tony Lloyd Portrait Tony Lloyd
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The sexual abuse and grooming of our young women and men is a heinous crime, and it is outrageous that victims should come into contact with their perpetrators after those perpetrators are released from prison. Successive Home Secretaries, including the present Home Secretary directly, have promised me that action would be taken where appropriate to deport those perpetrators. Can we know what progress has been made? If there has been no progress, will the Home Secretary agree to meet me?

Rachel Maclean Portrait Rachel Maclean
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My right hon. Friend the Home Secretary has indicated that she would be very happy to meet the hon. Gentleman. We all recognise the need to tackle these absolutely disgusting crimes, and I am sure that the whole House would support what he is asking for.

Mark Logan Portrait Mark Logan
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Drugs, speeding and ineffective response times were top issues at the crime forum I held in Breightmet and Tonge with the Haulgh, but it was violence against women that gave me pause during that event. What is being done to tackle violence against women in Bolton?

Rachel Maclean Portrait Rachel Maclean
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I thank my hon. Friend for how he is focusing on this issue. We have a national programme to support women and girls’ safety and, as part of that, Greater Manchester has been awarded £1.5 million from the Home Office’s domestic abuse perpetrator programme fund. The fund works with perpetrators to get them to change their behaviour. It is very difficult but important work, and it is taking place specifically in Bolton. One of the partners is Talk, Listen, Change, which has been accredited by the organisation, Respect, as delivering very high-quality interventions.

Ellie Reeves Portrait Ellie Reeves (Lewisham West and Penge) (Lab)
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9. What recent assessment she has made of trends in the levels of antisocial behaviour.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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Police-recorded incidents of antisocial behaviour show a fall from 2.1 million in 2013-14 to 1.8 million in the year to June 2021. The Anti-social Behaviour, Crime and Policing Act 2014 provides flexible tools and powers for local agencies to tackle antisocial behaviour.

Ellie Reeves Portrait Ellie Reeves
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Following Conservative cuts to the policing budget, the police stations in Penge and Sydenham have both closed. Meanwhile, reports of antisocial behaviour locally have been rising, and recently we have seen a sharp increase in thefts from cars. Will the Minister back Labour’s plan to roll out neighbourhood police hubs to help tackle crime and antisocial behaviour and provide a visible police presence, or will she continue to let down our communities?

Rachel Maclean Portrait Rachel Maclean
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The hon. Lady will know that our beating crime plan has set out that neighbourhood hubs are an integral part of the response. Policing in London is the responsibility of the Mayor of London. The Metropolitan Police Service is one of the best-funded forces in the whole country, receiving more than £3 billion in 2021-22, an increase of up to £132.4 million. It already has an additional 2,070 officers on the beat.

Jonathan Gullis Portrait Jonathan Gullis (Stoke-on-Trent North) (Con)
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Last Thursday evening, I was at the Smallthorne Community Centre with the Smallthorne Village Residents Association, local Staffordshire police officers and police community support officers. One of the biggest issues that came up was the antisocial behaviour of a tiny minority of feral youths. Will the Minister tell me: what are we going to do about those youngsters and their parents, to get them out cleaning the streets and looking after the community so that they can pay back my local community for the lives they are ruining?

Rachel Maclean Portrait Rachel Maclean
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My hon. Friend strongly represents the views of his constituents. None of us likes to see that type of low-level disruptive crime, which has a devastating impact on communities. I thank him for championing his police force. Our neighbourhood crime plan is an integral part of tackling such crimes.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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Antisocial behaviour is blighting communities: it has gone up by a woeful 70% across the country in the last year. Since the Conservatives took power, twice as many people say that they never see a police officer on the street. The Leader of the House said:

“I have often found…that a quiet word from a police community support officer can nip…antisocial behaviour in the bud.”—[Official Report, 13 May 2021; Vol. 695, c. 273.]

We totally agree. Will the Minister restore some of the 50% of PCSOs whose posts the Government have cut?

Before the Minister says that she is recruiting 20,000 officers, let me point out that we know that only 400 of the first tranche of 6,000 are in neighbourhood roles. Will she give victims of antisocial behaviour the same rights as other crime victims—if the Government ever get round to publishing the victims Bill—or do they still think that what she describes as “low-level” antisocial behaviour is not worth tackling?

Rachel Maclean Portrait Rachel Maclean
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The hon. Lady has taken my words out of context. Neighbourhood crime encompasses a vast spectrum of crimes that have a considerable impact on local communities, as I made clear at the Dispatch Box earlier. Those are a range of crimes that are at the centre of the Government’s response in our beating crime plan. We have made it clear that increasing the number of police officers on the beat is a priority. We are already more than halfway through our plan to deliver an additional 20,000 police officers on the street. The neighbourhood crime plan is part of our plan. It is for local forces to determine the operational priorities in their areas.

Helen Hayes Portrait Helen Hayes (Dulwich and West Norwood) (Lab)
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10. What progress she has made on the implementation of the Afghan citizens resettlement scheme.

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Kim Leadbeater Portrait Kim Leadbeater (Batley and Spen) (Lab)
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13. What steps she is taking to (a) tackle antisocial behaviour and (b) support victims of antisocial behaviour.

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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The beating crime plan laid out the Government’s commitments to working with local agencies to drive down antisocial behaviour, and we are committed to ensuring that victims of antisocial behaviour get the response they deserve. The Anti-social Behaviour, Crime and Policing Act 2014 introduced specific measures designed to give victims and communities a say in the way that complaints of antisocial behaviour are dealt with, and this includes the community trigger—an important safety net that gives victims of persistent antisocial behaviour the ability to demand a formal case review.

Kim Leadbeater Portrait Kim Leadbeater
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Does the Minister agree with me that if her Department was fit for purpose, local councillors in my constituency from her party as well as from mine would not be forced to find the funding for neighbourhood policing after 11 o’clock at night, because Government cuts have left the hard-working officers I have met so overstretched in the fight against crime and antisocial behaviour?

Rachel Maclean Portrait Rachel Maclean
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I am sure the hon. Member will agree that local councillors of all parties want to tackle the scourge of antisocial behaviour that affects their residents. Local areas have the powers and the funding from the Home Office. The Mayor of West Yorkshire, a Labour Mayor, is receiving up to £510.8 million of funding, which is an increase of £25.8 million on the police settlement of last year, and she has also been able to recruit an extra 619 officers to tackle these priorities.

Cherilyn Mackrory Portrait Cherilyn Mackrory (Truro and Falmouth) (Con)
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16. What progress her Department has made on tackling county lines drugs gangs.

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Abena Oppong-Asare Portrait Abena Oppong-Asare (Erith and Thames-mead) (Lab)
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T5. Sistah Space supports black women and girls who have experienced domestic violence. It is campaigning for Valerie’s law, which would introduce mandatory training for police and other agencies, including on dealing with domestic violence in black communities. Will the Minister meet me and Sistah Space to discuss this important issue before the upcoming petitions debate?

Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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The hon. Lady is absolutely right to highlight the importance of the police force’s response to the domestic abuse of all victims. I will be very happy to meet her.

John Penrose Portrait John Penrose (Weston-super-Mare) (Con)
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T10. Does the Home Secretary agree that successive studies, including even the 2017 Lammy review, have concluded that improving trust in—and the legitimacy of—our law enforcement officials and institutions, particularly in communities where those have historically been low, is essential to reducing crime everywhere? What further steps does she therefore intend to take to level up in that vital area?

Pedicabs: Women’s Safety

Rachel Maclean Excerpts
Tuesday 16th November 2021

(2 years, 6 months ago)

Westminster Hall
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Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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It is a pleasure to serve under your chairmanship, Mr Bone. I start by sincerely thanking my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for securing a debate on this incredibly important issue. I am very grateful for the contribution from the hon. Member for Vauxhall (Florence Eshalomi), who has expressed her support in the debate. This is truly a cross-party issue, and my hon. Friend the Member for Cities of London and Westminster has accumulated an impressive collection of stakeholders, local community groups and politicians across the board who back her dedicated campaign. I pay huge tribute to her determination to propel this issue to forefront of our attention. I also associate myself with the comments she has made about the debt of gratitude that we all owe to the taxi driver in the tragic Liverpool terrorist attack.

I feel like I have come back home to the Department for Transport in responding to this debate, and it is a great pleasure to do so. My hon. Friend referenced the fact that I served in that Department, so I have some familiarity with this issue and how important it is. I am also pleased to say that the Government recognise her concerns, expressed so well, about the safety of pedicabs, and the impact that they can have across the whole of the city, not least in her constituency, which is a centre of night-time and tourist activity. As another woman who travels on public transport around London and in my constituency, as all of us do, and as a mother of a young woman, I agree with my hon. Friend that this is not just something that we discuss in Parliament—it is the lived experience that all of us have when we go outside. I want to pull out a line that she has used: “Women have the right to feel safe in the same spaces as men.” I fully agree with her.

My hon. Friend has run a considerable campaign to raise awareness of the issue, and the Government have listened. The Government acknowledge that it is not acceptable for the pedicab industry to be the only unregulated form of public transport in London. It is a glaring legal anomaly. She has amassed considerable evidence and some very powerful testimony, so we agree that regulating this industry is in the interests of safety and fairness for all road users, pedestrians and passengers. My hon. Friend is also right to highlight the timing; we are coming out of lockdown, starting to see tourists come back to the businesses of the west end and other parts of London, and starting to see people go out and enjoy the night-time economy, as we discussed in this Chamber only last week. Pedicabs are an important part of the landscape that people will see when they come to our city, and we owe it to everybody to make this form of transport safe.

That is why the Government support my hon. Friend’s Bill, which has its Second Reading this Friday. I wish her a huge amount of Godspeed and good luck with it. If introduced, her Bill will enable Transport for London to introduce a licensing regime with enforcement powers and, among other things, to introduce safety requirements. I do not want to tempt fate, but we all know that things do not always go smoothly in the Chamber. In the unfortunate event that her Bill does not proceed beyond Second Reading, the Government will seek opportunities to bring forward our own legislation.

Florence Eshalomi Portrait Florence Eshalomi
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I thank the Minister for that response. It is good to hear that the Government will support the private Member’s Bill. This is an issue that people have raised a number of times. As in the constituency of the hon. Member for Cities of London and Westminster (Nickie Aiken), in my constituency of Vauxhall, outside St Thomas’ Hospital, where people have had eye operations and elective surgery, people have been harassed by these pedicabs. We need reform to the legislation now—Londoners can wait no longer. If the private Member’s Bill does not proceed to the next stage, will the Minister push the issue with her colleagues in the Department for Transport?

Rachel Maclean Portrait Rachel Maclean
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I thank the hon. Lady for making that point. I have been to that hospital myself and experienced exactly the things that she has described. I can assure her that Baroness Vere of Norbiton, who is responsible for this issue in the Department for Transport, is looking closely at all options. She has met my hon. Friend the Member for Cities of London and Westminster to discuss future opportunities to introduce our own legislation, should it be required, as soon as parliamentary time permits.

My hon. Friend is right to say that this is a long-running issue. It is something to which the Department for Transport has dedicated attention. She rightly raised the important issue of women’s safety, which we have discussed many times in this Chamber. In my role as a Home Office Minister, it is right that I recognise the points that she has made. As safeguarding Minister, tackling violence against women and girls, in all its forms and wherever it occurs is my top priority.

When I was a Minister in the Department for Transport, I prioritised the safety of women and girls. We worked closely through the issues that are faced by vulnerable groups, including women, on the transport network, and we are keen to do more. That is why, when I was a Minister there, I was delighted to appoint Laura Shoaf and Anne Shaw as the first VAWG transport champions in the Department. They work across campaign groups, industry and the whole of Government to understand where we can improve safety on the UK’s transport network. By January next year, they will produce independent recommendations for the Department for Transport and the wider network on which best practices should be adopted to improve the safety of the transport network for women and girls. That is a really important theme. Although I am now in the Home Office and work with the police and other partners, women and girls often say that they feel most unsafe when they are taking public transport, walking home from a night out or thinking about how to get home, whether by tube, bus or train. That is where those vulnerabilities exist, and that is why it is really important that I work closely with my former Department to ensure that they are addressed.

My hon. Friend the Member for Cities of London and Westminster mentioned the cross-Government tackling violence against women and girls strategy, which is a really important piece of work that seeks to ensure that women and girls are safe everywhere. It was informed by a public call for evidence run by the Home Office, to which we received over 180,000 responses—one of the highest numbers for pieces of evidence that the Government have ever received in a public consultation. That was quite an overwhelming response, and demonstrates the scale of the issue. The evidence includes testimonies from victims, victim support organisations, frontline professionals and academics.

In the strategy that we have published, we have set forth a number of commitments across Government. There are several strands to the strategy that we are pursuing, because it is important that we ensure that women and girls are safe, not only on the transport network but across wider society. I will highlight a couple of things that are particularly relevant to the issues that my hon. Friend has highlighted in the debate.

We often think about pedicabs being used in the night-time economy. We know that night-time is a time when women and girls feel very vulnerable, and that they are concerned about crime such as harassment in public spaces. In particular, they are concerned about that feeling or perception of being unsafe when they are walking home.

I shall highlight a couple of commitments that the Home Office has already made. We are piloting a £5 million safety of women at night fund, which is designed to prevent violence against women and girls in public spaces at night, specifically including the night-time economy. It is focused on the prevention of the crimes we have discussed, to help women to feel safe in public spaces at night, including in venues and on routes home.

Another very important fund is the safer streets fund, for which we are providing an additional £25 million. That fund has a particular focus on women and girls, and through it we are supporting a range of projects, including an initiative by the British Transport police to develop a safer travel online platform across the rail network, to make reporting easier; funding for the City of London Corporation to enable the delivery of 24 night hubs with St John Ambulance medics and plain-clothes police, to respond to incidents and to increase women’s feeling of safety; and piloting a new online tool, StreetSafe. That was developed in collaboration with the National Police Chiefs Council, and it enables people, particularly women and girls, to pinpoint locations where they have felt unsafe and to identify the features of those locations that made them feel that way. In response to such identifications, police and crime commissioners, as well as local policing teams, can use that data to support local decision making. StreetSafe is being very widely welcomed and well used. As of 12 November, 6,895 reports have been made using this particular tool, 72% of them from women, which is no surprise.

My hon. Friend and other Members will be aware that we have recently appointed a national lead in the police on the critical issue of violence against women and girls. The Home Secretary has appointed Deputy Chief Constable Maggie Blyth, whom I have already met to discuss the work that she will do to lead on best practice in police forces across the country.

I will end my remarks by encouraging anyone who feels unsafe while they are walking around the streets or using a pedicab in my hon. Friend’s constituency, or Vauxhall, or indeed anywhere else in London, to report it—please—to the police. This issue is a priority for this Government. It is vital that women and girls feel safe, whether they are going to work, meeting their friends or going for a night out. That is a priority for the Home Secretary, for the Prime Minister and for me, and we will work tirelessly to drive the actions in the violence against women and girls strategy, both in society generally and on the public transport network. We are determined to leave no stone unturned to keep women and girls safe.

Question put and agreed to.

Nightclub Safety

Rachel Maclean Excerpts
Monday 8th November 2021

(2 years, 6 months ago)

Westminster Hall
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Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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It is a pleasure to serve under your chairmanship, Mr Gray. I am extremely grateful to all Members who have spoken in this debate. It has been wide ranging and excellent, with some good contributions from across the House.

I am incredibly grateful to Hannah Thomson for starting the petition. The hon. Member for Gower (Tonia Antoniazzi) has outlined her tribute, and I want to add my voice to that. It is not a small undertaking to present a petition to Parliament at any age, particularly at Hannah’s. I want to pay tribute to her and all the other campaigners in this space, who have successfully brought a debate in Parliament. We are now discussing these issues and I hope we are according them the seriousness that they deserve.

I agree with the hon. Member for Gower when she said that we women are 51% of the population and we wield considerable financial muscle. Part of the natural financial muscle is going on a night out. That is something I am absolutely sure all of us have enjoyed in the past. For some of us it is the more distant past—Mr Gray, perhaps?

Rachel Maclean Portrait Rachel Maclean
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Perhaps not. I certainly, in common with the hon. Member for Birmingham, Yardley (Jess Phillips), remember many nights out in various Birmingham nightclubs, including the one she referred to and many others.

Florence Eshalomi Portrait Florence Eshalomi
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On the point of going out in the past, would the Minister agree that we need to see more women and girls going out and supporting our full range of businesses in the night-time economy, because of that financial muscle power? That will not happen until they feel safe.

Rachel Maclean Portrait Rachel Maclean
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The hon. Lady is absolutely right that the night-time economy is vital. It is very important that we have thriving local economies. It is a vital to our financial prosperity, and it is part of our building back better agenda.

Turning to the issue and petition at hand, there are, of course, growing concerns about safety in the night-time economy. The specific focus on searches in nightclubs comes as no surprise. We know that over 172,000 people have added their name to the petition. I am sure that that is driven by concern over the rise of media reports on spiking. It is perhaps not a completely new issue, but there has been a focus on the needle aspect as something that is new. It is certainly receiving a lot more attention than it has done in the past. However, Members have rightly said that the spiking of drinks is something we have seen for some time.

Reports of spiking, whether that is adding substances to drinks or injecting people with needles, are extremely concerning. I have every sympathy with victims and anyone who might feel unable to go out and enjoy a night out without fear. The fear factor is very serious, and no one should feel frightened or vulnerable when they go out. We utterly condemn the people who perpetrated those attacks, and they should be brought to justice. I want to begin by saying very clearly that I want to reassure Members that this is something that we are taking seriously. The day on which we heard the first accounts—I think it was a few weeks ago—the Home Secretary wasted no time in getting reports, requiring additional data and convening police chiefs at the highest level.

Let me be clear: any spiking constitutes criminal conduct. The necessary offences are on the statute book. In response to my hon. Friend the Member for Wycombe (Mr Baker), where a drink is spiked and where there is sexual motivation, administering a substance with intent is an offence under the Sexual Offences Act 2003 and could carry a 10-year sentence. Depending on the specific nature of the assault and offence, it could also be classed as common assault, which includes grievous bodily harm, and could carry a sentence of five years up to a maximum of 10 years’ imprisonment. I want to reassure him that this is a serious criminal offence. As with any crime, it falls to the police to investigate it and ensure that those responsible are dealt with in accordance with the law.

I want to update the Chamber on the fact that there is no doubt that police are taking this seriously and are working at pace to gather intelligence and identify perpetrators. It is a changing and evolving picture. We have been gathering reports from forces across the country, and at the time of my making these remarks, we have 218 reports of needle assaults and injections since September. Over the same period, the police are aware of 250 drink spikings. Those numbers broadly chime with what Members have reported to me. Those numbers are subject to change as the police continue to gather information. The hon. Member for Birmingham, Yardley is right in saying that this is a crime in which not all instances are reported. I strongly encourage anyone who has been a victim to report it to the police. It is difficult to make comparisons with the past, and I have stressed to my team that we need to understand more about this crime, and that is absolutely what we will do.

Members may be pleased to know that there have been at least three recent arrests for this and a number of active police investigations are under way. I very much hope that we will be able to bring more perpetrators to justice in the coming weeks.

Steve Baker Portrait Mr Steve Baker
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I am very grateful for what the Minister has said. Will she undertake to carry out some kind of public information activity to make sure that potential perpetrators are aware of the gravity of the offences that they are considering? We need to make sure that people are dissuaded from what, I think we all agree, is a very serious set of crimes.

--- Later in debate ---
Rachel Maclean Portrait Rachel Maclean
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My hon. Friend makes an extremely good point. We have a number of communication plans within the wider violence against women and girls strategy, and we will absolutely make sure that this issue is included in that work, which I am sure he will welcome.

The Home Secretary has already asked the National Police Chiefs’ Council to urgently review the extent and scale of the issue, and we are receiving regular updates from the police. We are working locally, regionally and nationally, including with our partners in the National Crime Agency. The NPCC has convened a group of policing leads, including Jason Harwin and Maggie Blyth—the Government’s new lead on violence against women and girls—which is meeting several times a week, with the aim of understanding the issue and ensuring that there is a strong police response.

Turning to the licensing regime, I think it was the hon. Member for Warwick and Leamington (Matt Western) who referenced the fact that not all of these cases occur in nightclubs. [Interruption.] Apologies, it was the hon. Member for Sheffield Central (Paul Blomfield). Not all of these attacks occur in nightclubs, but our understanding is that the majority of these settings are probably targeted specifically by offenders.

Paul Blomfield Portrait Paul Blomfield
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There are lots of numbers floating around, and many of them probably underestimate the scale of the problem. My understanding is that the Alcohol Education Trust has done some work on this, and has suggested that there are slightly more incidences of drink spiking in house parties than in nightclubs. How will the Government reflect that in the strategy that they are looking at?

Rachel Maclean Portrait Rachel Maclean
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I welcome the hon. Gentleman’s remarks, and it is important that we continue to ensure that we gather data from all these incidents, regardless of whether they take place in homes or nightclubs.

I turn now to the issue of nightclubs, which is the subject of the debate. It is really important to say that there is nothing preventing a nightclub from introducing searches on entry, and a number of nightclubs are doing that already. Lincolnshire police are working with their local licensing authority and a local nightclub to address concerns about spiking. The club has made an extra search on going into the premises a condition of entry and, additionally, it is using stickers to place over the tops of drinks at key locations within the premises. Many other clubs across the country are doing that as well, and we have heard references made to the work in Devon and Cornwall. In fact, I did a quick straw poll with my children, who are all of clubbing age. Two of them had been out clubbing in London over the weekend and had seen in action some quite detailed and thorough searches when they went into clubs.

Rushanara Ali Portrait Rushanara Ali
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Will the Minister clarify what she will do quickly to make sure that all nightclubs follow the good examples that she is citing? She is responsible for making it happen and for giving families across the country the reassurance they need that, whichever nightclub young people go to, they can go safely.

Rachel Maclean Portrait Rachel Maclean
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I am coming to that, and I very much hope to satisfy the hon. Lady. It is important that I make it clear that premises such as nightclubs have a responsibility, which I will set out, if she will bear with me.

Premises that have a high volume of customers are required to assess what steps they think are needed for the venue, but we are not solely reliant on venues taking action themselves. The law already allows relevant conditions to be imposed. The Licensing Act 2003, which governs the control and issuance of licences to sell alcohol, allows local licensing authorities to take a tailored approach to granting premises licences in order to uphold the four licensing objectives. The most relevant is of course the objective to prevent crime and disorder. It is important to state that the Act applies only to premises in England and Wales, as licensing is devolved in Scotland. I note that the petitioner is from Scotland, so I definitely encourage her to have similar conversations with her local authorities. I very much hope that they will consider those issues.

In order to reduce crime, licensing authorities can impose conditions on any business that wants to sell alcohol, which can include requiring the presence of suitably trained and accredited door staff or CCTV. A licensing authority can also require a licence holder to introduce entry searches as a condition of a premises licence.

We have a rich and diverse night-time economy across the country, catering to many different communities: big cities with a large student population—many Members have referred to their local universities—towns with a high proportion of families and holiday visitors, and rural areas with local pubs. We have venues and villages, and everything in between. It is a fundamental and important premise that, with very few exceptions, decisions on which licences to grant, and on how premises should be managed, take into account local issues, demographics and circumstances. There is no one-size-fits-all approach to licensed premises. We do not wish to see mandated national conditions, which could be disproportionate and burdensome to some venues. Even among nightclubs, there is a huge diversity of premises, so what is required for one will not work for another.

Jess Phillips Portrait Jess Phillips
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Will the Minister give way?

Rachel Maclean Portrait Rachel Maclean
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I will allow the hon. Lady to intervene, but I also need to allow some time for the hon. Member for Gower to sum up.

Jess Phillips Portrait Jess Phillips
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How many licensing committees does the Minister think have their eye on violence against women and girls across the country and will be paying attention to this issue?

Rachel Maclean Portrait Rachel Maclean
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I can assure the hon. Lady that we insist on it and require them to do so, and it is part of their statutory duty. They are of course accountable to their populations, and they are staffed by locally and demographically accountable members of their council.

I want to make the House aware that the police already have considerable powers to take action where they think there is a problem. They can call for a review of a premises licence and work with the management and licensing authority. Local mechanisms can introduce searches where they are needed more quickly than waiting for a national mandate to be brought into effect. Licensing laws allow longer-term measures as well, to improve management of the night-time economy. For example, the night-time levy, with which some Members may be familiar, enables local authorities to collect a financial contribution from businesses. Some of the initiatives are really helpful and have been used to fund additional police officers, community protection officers and local projects, such as club hosts and taxi marshals, all of which can help keep people safe.

The Act also allows the licensing authority to carry out a cumulative impact assessment, to help it to limit the number of types of licence applications granted in areas where there is no evidence to show that the number or density of licensed premises in the area is having a cumulative impact and leading to problems that could undermine the licensing objectives.

As I have said, the night-time economy is varied and diverse, and covers many types of areas. Alongside the specific measures I have outlined, there are other things that local areas can and should be doing. I have been impressed by some of the initiatives I have seen around the country. Some areas have introduced safe spaces, where a combination of medical assistance, supervised recovery and other support services are provided to intoxicated, injured or vulnerable individuals.

In another area, I saw a scheme where door staff convert into street marshals at the end of the night, across the whole city centre. I pay tribute to other organisations, such as Street Pastors, who provide invaluable assistance. Members have highlighted good work going on in their local forces and in some of their local universities. In addition, initiatives such as Ask for Angela, X Marks the Spot, Safe Havens and Good Night Out provide opportunities, help and support to everyone who is concerned for their safety.

Many Members talked about the wider and broader issues of violence against women and girls, which I come to now. We published our new cross-Government tackling violence against women and girls strategy this summer, to help to ensure that women and girls are safe everywhere. I fully agree with all the comments that have been made by hon. Members that this is not about blaming women, or requesting or expecting women to change their behaviour. It is about tackling the root cause of the violence.

I recognise what my hon. Friend the Member for Wycombe said about this not being about all men perpetrating these crimes, but about recognising that in the majority of the spiking incidents the victims that we know about are young women. It is at the forefront of the Government’s mind and our priority is to tackle the perpetrators and prevent this from happening.

On the specific work we have already funded, we are delivering a pilot £5 million safety of women at night fund, focused on preventing violence against women and girls in public spaces at night, particularly in the night-time economy. That is in addition to the £25 million safer streets fund, which focuses on improving public safety, with an emphasis on the safety of women and girls, and their feelings of safety in public spaces.

The hon. Member for Birmingham, Yardley referred to doorkeepers and their qualifications, which is an important issue. I have met the Security Industry Authority and I assure her that it is cognisant of the issue. It is working to ensure that qualifications for door supervisors and security guards include specific content relating to violence against women and girls. It is now working at pace to remind the industry and those operatives of their role and responsibility to keep people safe, with a focus on women’s safety. In our violence against women and girls strategy, we have committed to further work to see what more we can do to strengthen those safeguards.

I want to conclude my remarks and allow time for the hon. Member for Gower to respond. Violence against women and girls is abhorrent. As I have set out, the Government are taking wide-ranging action to prevent these crimes, support victims and pursue perpetrators. I congratulate the hon. Member for Gower on her speech. I fully agree that some of the issues that she highlighted around our sexist and victim-blaming culture are wrong and need to stop. We in the Government are completely behind that. The measures that I have set out, and more, are the measures that we will be using to bear down on this abhorrent behaviour. We are putting the full force of the Government behind tackling the issue, because we want women and girls to feel safe when they are going out at night.

Adult Dependent Relative Visas

Rachel Maclean Excerpts
Wednesday 3rd November 2021

(2 years, 6 months ago)

Westminster Hall
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Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
- Hansard - -

It is a pleasure to serve under your chairmanship, Ms Bardell. I thank the right hon. Member for East Ham (Stephen Timms) for securing this debate. I also thank the other Members who contributed. I recognise the strength of feeling on the topic, as the right hon. Gentleman so eloquently articulated. I will respond to his points as best I can in the time I have, but it will be helpful if I set out some background on adult dependent relative visas.

The family immigration rules were reformed in July 2012 to ease the burden on the taxpayer, promote integration and tackle abuse, thereby ensuring family migration to the UK is fair to migrants and the wider community. Costs associated with cases under the route for adult dependent relatives can be significant. The Department of Health and Social Care has estimated that a person living until the age of 85 costs the NHS on average about £150,000 in their lifetime, with more than 50% of that cost arising from the age of 65 onwards. It is important to note that this figure does not take account of any social care costs met by local authorities.

Under the rules, adult dependants must demonstrate that they require, as a result of age, illness or disability, a level of long-term personal care that could be provided only in the UK by their sponsor here, and without recourse to public funds. They must apply from overseas and not while in the UK as a visitor. The rules in place before July 2012 in essence provided an expectation of settlement in the UK for a parent or grandparent aged 65 or over where they were financially dependent on their UK sponsor, subject to the provision by the sponsor of a five-year undertaking that they could maintain and accommodate the adult dependent relative without access to public funds. They also enabled a parent or grandparent under the age of 65 and other adult dependent relatives of any age to apply to settle permanently in the UK in the most exceptional compassionate circumstances, as the right hon. Gentleman said. The old rules allowed an application to be made in the UK, including while here as a visitor, as well as overseas.

The current rules for adult dependent relatives seek to ensure that only those who need to be physically close to and cared for by a close relative in the UK are able to settle here. Those who do not have such care needs can be supported financially in the country in which they live by their relative in the UK. Those in most need of care remain those most likely to qualify, compared with those who have a preference to come to live in the UK with a relative here. The lawfulness of the rules was upheld by the Court of Appeal in May 2017.

Khalid Mahmood Portrait Mr Mahmood
- Hansard - - - Excerpts

Does the Minister understand that this is not just a question of finances and money? This is an issue of relationships, of parents, children and grandchildren, and of building and understanding a family. We can support someone on their own abroad, but we cannot have that family linkage growing.

Rachel Maclean Portrait Rachel Maclean
- Hansard - -

Yes, I fully understand the hon. Gentleman’s point, but the Government’s duty is to formulate rules that are fair to the British taxpayer and the NHS, and that ensure a fair system. I will come on to the specific issues about the health service to which the right hon. Member for East Ham alluded, but it is vital that our immigration policies do not place an unfair burden on the taxpayer.

We want to ensure that people here legally are welcomed and celebrated—which we do in this country—as part of a fair and sustainable immigration system. All family migration to the UK, including that of adult dependent relatives, must be on a properly sustainable basis that is fair to both migrants and the wider community.

Our position on adult dependent relatives remains that we have rules in place to support those who are most in need, but we are clear that the rules cannot provide a route for every parent to join their adult child in the UK and to settle here. It is simply not sustainable for the economy or the health service for there to be a routine expectation of settlement in the UK for parents and grandparents aged 65 or over. Therefore, only those who require long-term care that cannot be delivered in the country in which they live should be eligible to settle here.

We fully understand that such cases provoke strong feelings, as Members have articulated, and they can result in difficult choices for individuals, but it is essential that the rules are fair and balanced for the taxpayer, given the significant NHS and social care cost that can arise when those adult dependent relatives settle in the UK. Failure to maintain that balance puts the legitimacy of the entire system at risk.

I now turn to the issue of the NHS. Of course, we are hugely grateful for the vital contributions of all NHS staff, in particular during the pandemic. The Government have no intention whatever of punishing that group. By contrast, we have introduced a range of unprecedented measures to ensure that the health and care sector is supported fully. However, it is only fair that I address the points that have been made.

The impact of medical professionals potentially leaving the NHS was an issue that was raised five years ago and considered as part of the Home Office review of the adult dependent relative rules published in December 2016. That report considered the number of NHS staff who support adult dependent relatives overseas. It is likely to be a small proportion of the total population of professionally qualified clinical staff.

Furthermore, there is no evidence to show that significant numbers of medical professionals have left or been deterred from applying to work in the UK since the revised rules were implemented. It was concluded that, while some who might sponsor someone to come to the UK might choose to leave as a result of the revised rules, including some in skilled employment, the impact remains proportionate to the policy aim.

The latest figures show a 19% increase in skilled worker visas in the year ending June 2021, and that the majority of that increase was due to the new health and care worker visa, which saw 45,722 grants, accounting for 44% of the total skilled worker visas granted. In fact, such was the demand of overseas doctors and nurses wanting to work in the UK, in 2018 the Government lifted the cap on doctors and nurses. The Health Secretary at the time said:

“Overseas staff have been a vital part of our NHS since its creation 70 years ago. Today’s news sends a clear message to nurses and doctors from around the world that the NHS welcomes and values their skills and dedication.”

As I said, there is no evidence that significant numbers of professionals have been deterred from applying to work in the UK since the new adult dependent relative rules were implemented, and nor is there evidence to show that professionals have left the UK.

The NHS has made significant savings since the rules were introduced. The 2016 report notes that once assumptions were taken into account, the figures suggested potential NHS savings of around £249 million over 10 years. This policy will be kept under review. We are of course sympathetic about the impacts on individuals and families, but the policy must apply fairly across our society. It would not be right to provide a more generous approach for healthcare professionals than for other groups.

Ben Lake Portrait Ben Lake
- Hansard - - - Excerpts

Just to elaborate and perhaps add to the considerations, there is of course an impact on the family, but there is also an impact on the community. In many rural areas, such as mine, if we lose a solitary GP, who has to go back, we will not have a GP practice for a very large area, so there is that wider impact too. We should bear in mind that even though it may be an individual example, it has quite a widespread impact.

Rachel Maclean Portrait Rachel Maclean
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Of course, I recognise the impacts of the issues highlighted by the hon. Gentleman. On the point made by the right hon. Member for East Ham, that we have not considered other ways to avoid the burden on the NHS and local authorities, making comparisons with other countries and their systems, I advise him that we did consider other ways. The Home Office published a review of the adult dependent relatives rules in December 2016. As I said, we continue to keep that under review. The report is published on gov.uk, so I encourage him to look at that.

As part of the review, specific considerations were given to alternative methods of achieving the main aim, which is reducing the burden on the taxpayer and NHS costs. Those alternatives were mandatory medical and care insurance, amendments to the immigration health surcharge and a bond scheme, requiring up-front payment, which would be offset against the cost of any later NHS care. Particular consideration was given to how far each of those would achieve the policy intention, be feasible to administer, and continue to allow an adult dependent relative, with significant long-term personal care needs that could not be met in their home country, to join their relative.

Those options were considered to place a potentially unreasonable administrative burden on the NHS, while also raising significant concerns over affordability and discrimination. For example, mandatory private healthcare insurance was considered likely to be prohibitively expensive, especially if it was to cover NHS emergency treatment and/or social care and residential care. It would also benefit only those applicants whose sponsor had substantial means. Those without a close relative with such means would be excluded from the UK, even if they required long-term personal care that could only be provided by their relative here. There is also no guarantee that insurance taken at the date of application would not be later cancelled or not renewed, including in circumstances outside that person’s control, such as a significant deterioration in their health or a change in the financial circumstances of their sponsor making the insurance unavailable or the premiums unaffordable.

Any alternative scheme requiring an up-front payment of many thousands of pounds would, by definition, exclude those cases unable to pay it, regardless of the level of their personal care needs. Similarly, in the light of the estimates I mentioned earlier—that a person aged 65 to 74 costs the NHS £2,287 per year—such a scheme for adult dependents would likely need to be set at significantly more than its current level. That is why it was concluded that the revised rules were set at the right level to provide immediate settled status in the UK and free access to the NHS to those relatives whose care needs could not be met in their home country, while protecting the NHS and the tax burden.

Stephen Timms Portrait Stephen Timms
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The Minister makes the point that there is no evidence of doctors leaving the UK for this reason. We do know that 6,000 doctors left to go overseas in the five years between 2015 to 2020. She is right that we do not know the reason why they all left, but it is clear that at least hundreds went for this reason, and possibly more of those 6,000. Is she not concerned about that loss of skilled, committed doctors from the health service, at a time when—as the Chair of the Health and Social Care Committee, the right hon. Member for South West Surrey (Jeremy Hunt), pointed out at lunchtime today—there is a shortage in nearly every speciality?

Rachel Maclean Portrait Rachel Maclean
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I thank the right hon. Gentleman for his point. He is right to ask the question. As I said earlier, we do not have verified evidence of those numbers, and nor do we have specific evidence pointing to this specific reason. There may be a number of reasons why people choose to leave and work in another country. Moreover, I point to the evidence in front of us about the people who are choosing to take up those skilled visas to come to this country, so these rules are clearly not a deterrent. I refer to my earlier remarks about the policy intention behind introducing these changes to the rules, which is to make sure that only those people who genuinely need to come here are covered by these rules, and therefore would be able to come here under the system that we have.

In conclusion, I recognise that this is an emotive subject, and I pay tribute to the right hon. Member for East Ham for the way in which he has articulated it. Of course, I and the Government want to support the NHS. We keep our policies under review, as I have said, and we have given considerable care and consideration to the factors that he has mentioned.

Stephen Timms Portrait Stephen Timms
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The Minister is being very generous with her time. She has made much of the cost issue; I think she indicated that for somebody elderly arriving in the UK, we would expect health and care costs of something like £175,000, but a GP has had £500,000 invested in them. I wonder whether an assessment has been made somewhere of the value for taxpayers—the straightforward financial cost—of forcing somebody who is highly trained out of the country, versus the cost of care for their elderly relative.

Rachel Maclean Portrait Rachel Maclean
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I can reassure the right hon. Gentleman that the costs have been considered in the round, including the costs he refers to and others. In fact, those figures I quoted at the beginning of the remarks did not include care costs, which I am sure he will agree are significantly higher than the other figures I have referred to, which are purely for treatment and costs.

Motion lapsed (Standing Order No. 10(6)).