Victims and Prisoners Bill

Rachel Maclean Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Mark Tami (Alyn and Deeside) (Lab)]

I wish to speak in respect of Government new clause 37. I welcome the fact that the Government have finally changed their mind, despite telling us for so long that Jade’s law could not be done. I would like to pay tribute to Jade’s parents, Karen Robinson and Paul Ward, to their friend Edwin Duggan and to Jade’s siblings for their tireless campaigning and the bravery and tenacity they have shown in what is an incredibly tough situation. On 26 August 2021, Jade, aged just 27, was brutally killed by her estranged husband Russell Marsh. On 12 April last year, Marsh was given a life sentence with a minimum of 25 years in prison. Despite these distressing circumstances, Jade’s family was horrified to learn that they face the prospect of continued contact with the man who murdered their daughter. Despite his appalling actions, Russell Marsh, who shared four children with Jade, still retains parental responsibility under law.

The law as it stands allows a parent convicted of the murder of the other parent the power on issues such as where the children go to school and whether they have passports, holidays abroad and medical treatment. These matters often end up in the family court. We can only imagine how traumatic this must be for the families going through this. After having already suffered the unimaginable pain of losing their daughter in the way Jade’s family have, the current process compels them to face their daughter’s killer and acts as a constant reminder of their darkest moments. In cases where the convicted parent showed long-running obsessive and controlling behaviour prior to their imprisonment, the current process effectively grants them the means to continue the control and coercion of the victim’s family in the same way that they did with the victim. It can be extremely traumatic for children to know that the person who killed their mother knows so much about their lives, particularly in cases where the children witnessed the murder. With the introduction of Jade’s law, no longer will perpetrators with a history of abusive behaviour be able to force controlling and psychological abuse upon the victim’s family from inside their prison cell.

That is why Jade’s family and friends have been campaigning to automatically suspend the parental responsibility of a parent found guilty of murdering their child’s other parent. The onus is currently on the family to prove why Marsh’s parental responsibility should be revoked or restricted, whereas Jade’s law will mean that parental responsibility will be automatically suspended in such circumstances, thereby shifting the onus, with the substantial review process that the Government outline in their amendment, to ensure that the suspension of parental responsibility is in the child’s best interests.

Last year, Edwin Duggan started a petition to put Jade’s law on the agenda, collecting more than 130,000 signatures. Since then, parliamentary colleagues and I have pushed the Government to make Jade’s law a reality. We secured a Westminster Hall debate when the petition surpassed 100,000 signatures, and I thank the Minister, the right hon. Member for Charnwood (Edward Argar), for engaging with us. I thank Labour colleagues who helped with the campaign, including my hon. Friends the Members for Lewisham West and Penge (Ellie Reeves) and for Birmingham, Yardley (Jess Phillips).

Unfortunately, as I understand it, the Government amendment does not include provision to apply Jade’s law retrospectively, as there will be a duty on the Crown court to make a prohibited steps order only when sentencing an offender. Will the Government look at further steps to ensure that people, like Marsh, who have already been convicted of murder within the specifications of Jade’s law are made subject to it? This campaign sprang out of the injuries and injustices faced by Jade’s family, and it is only right that Jade’s law puts it right for them and for other families.

I conclude by reading a statement issued by Jade’s parents after their daughter’s killer was sentenced:

“Jade was the sunshine in our lives, she was the glue that held us all together. She was also a devoted mum who would do anything for her children, a much-loved friend, daughter, sister, aunty, niece and granddaughter. Jade’s whole life was ahead of her, and her death has left a void in all our lives.”

Sadly, it is too late for Jade. But her children, and others in the same situation, still have their whole lives ahead of them. We owe it to them to ensure that the system is on the side of victims. I am pleased that the Government have finally come to terms with the injustice of the current process.

[Rachel Maclean (Redditch) (Con)]

I am delighted to speak in support of the Bill, and I thank the Public Bill Committee and the Minister for their hard work in getting it to this point.

My constituents in Redditch, and the public across the country, expect the law of the land to protect the law-abiding majority, and there is nothing as infuriating or frustrating to them than when perpetrators of crime receive more attention and support than their victims, which is why I welcome the Bill.

Before I begin, I put on record my thanks for the exceptional work of the criminal justice agencies in my Redditch constituency—particularly Inspector Rich Field and his team of officers; the police and crime commissioner, John Campion; and support services such as the Sandycroft centre and its head of wellbeing—who work tirelessly to support victims of crime.

In the interests of time, I will speak about a couple of measures that are of particular interest. I had the privilege of serving as a Minister in the Home Office and the Ministry of Justice, and some of this legislation had its genesis in the end-to-end rape review. I will never lose my strong commitment to serving and speaking up for victims of the most hideous crimes—rape, domestic abuse, sexual assault and child sexual abuse. These crimes have no place in our society, which is why, in relation to the treatment of victims of rape and serious sexual offences, I particularly welcome the measures on disclosure of third-party materials that were added to the Bill in Committee. I am pleased that these measures go further than existing protections, and that they will enable victims to trust that those working to bring perpetrators to justice will do so without violating their important therapy-room conversations. When does the Minister expect these measures to be rolled out and adopted by all police forces and Crown Prosecution Service areas across the country?

Oral Answers to Questions

Rachel Maclean Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Rachel Maclean (Redditch) (Con)]

The Opposition are wrong in their characterisation and narrative of this issue, and the Justice Secretary and his colleagues across the Home Office are to be commended for the leadership that they have shown in driving up rape prosecutions across the whole system, holding independent partners to account. Will the Justice Secretary update the House on how the data are trending in the latest reports? What is he doing to hold the independent court system to account to tackle backlogs in the system, so that rape prosecutions do not have to wait longer than they should to see their day in court?

[Dominic Raab]

I thank my hon. Friend and pay tribute to her for the incredible work she did at the Home Office. She was involved in the meetings on this, and I know how committed she was and how much impact she had. On the results—those are what female victims of crime and the whole country want to see—between April and June 2022, police referrals were up by 95% from the 2019 figure. The number of suspects charged was up by 65% compared with 2019 figures, and Crown court receipts were up 91% from 2019 figures. There is much more to do, but that shows the trajectory and progress, and all the hard work that my hon. Friend and others have done.

Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022

Rachel Maclean Excerpts

Wednesday 26th October 2022 General Committees

[The Minister of State, Ministry of Justice (Rachel Maclean)]

I beg to move,

That the Committee has considered the draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022.

This instrument amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 to enable any current or potential sponsor on the Homes for Ukraine scheme in England and Wales to be eligible for the highest level of criminal record check undertaken by the Disclosure and Barring Service. This is an enhanced criminal record certificate with barred list checks. Homes for Ukraine is a sponsorship scheme in which individuals in the UK offer up their homes to Ukrainians fleeing the war. I think we would all agree it has been a monumental achievement of the Government, providing sanctuary to our friends from Ukraine.

Since its launch in March this year, more than 98,000 Ukrainians have arrived in the UK as part of the scheme. I pay tribute to those who have offered up their homes, but it is right to ensure that when Ukrainian refugees arrive in the UK adequate safeguards are in place. Currently, local authorities can only obtain the highest level DBS check when a Homes for Ukraine sponsor’s guests include a child under 18 who is not related to the sponsor, or when a sponsor is providing services to an unrelated guest adult with additional needs. Otherwise, sponsors are only eligible for a basic DBS check. The Government have identified further scenarios where we consider that higher level DBS checks on sponsors might be necessary.

The first is a process called domestic rematching. That occurs when the original match breaks down or is deemed unsuitable. In this circumstance, a local authority may rematch the beneficiary with a new sponsor. That is a significantly increased role for the local authority, compared to the original matching process. The new sponsor may not have been through the initial safeguarding and security checks that are only consistently applied at the visa stage.

The other situation the Government have identified where higher level DBS checks may be necessary is for children who are not travelling with or going to join a parent or legal guardian in the UK. In July, the Government expanded the Homes for Ukraine scheme to enable children to come to the UK without a parent or legal guardian and stay with a sponsor, who, except in exceptional circumstances, should be personally known to the parent or legal guardian. While under current regulations the higher level DBS checks can be carried out on most Homes for Ukraine sponsors for those children, only the basic DBS check can be carried out on the sponsor or members of the sponsor’s household if they have a family relationship with the child.

However, some of those family ties might be quite loose. For example, a parent in Ukraine may entrust a child to an extended family member with whom they do not have a close or recent relationship. As a result of those emerging risks, the Government seek to amend the 1975 order to enable local authorities to carry out enhanced with barred list checks on all Homes for Ukraine sponsors. To be eligible for this highest level DBS check, a positional role must be included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, the Police Act 1997 (Criminal Records) Regulations 2002, and the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009.

The Home Office laid a statutory instrument on 22 September to amend the Police Act 1997, and that came into effect on 13 October. The Rehabilitation of Offenders Act 1974 protects those with convictions from having to disclose their convictions and cautions once they become spent. When a conviction or caution is spent, the individual is considered to have become rehabilitated. The exceptions order lists activities or categories of jobs where those protections are lifted, so that individuals, if asked, are required to disclose spent convictions.

I would like to take the chance to thank the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for reviewing this instrument. The latter raised a concern about the length of time it has taken for this extension of the safeguards to be implemented. We recognise the importance of ensuring that safeguarding measures are as effective as possible to protect those fleeing the ongoing war in Ukraine. As the Homes for Ukraine scheme evolved, further scenarios emerged in which the highest level check was not currently possible but where the risks were such that a basic DBS check may not have provided adequate assurance. Once that need was identified, we moved to amend the relevant legislation as quickly as the parliamentary calendar has allowed.

In conclusion, not proceeding with the draft order increases the chances of a beneficiary of the Homes for Ukraine scheme coming to harm where information that would have been on an enhanced DBS check could have prevented that from happening. Delay to proceeding with the legislation prevents the mitigation of that risk, and I therefore commend the draft order to the Committee.

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[Rachel Maclean]

I thank all colleagues for their contributions to this debate. I will take the issues that were raised in turn before I come to the shadow Minister. My right hon. Friend the Member for Hemel Hempstead raised very good points about the importance of using SIs for a specific purpose, which is exactly what we have done. There is a role both for the Ministry of Justice and for the Home Office. We have had to amend the Police Act 1997, as I set out in my initial remarks, and we are also having to amend the Rehabilitation of Offenders Act 1974. As other Members have suggested, the scheme has been incredibly important. I agree with the hon. Member for Hackney South and Shoreditch and pay tribute to all Members of this House and elsewhere who are hosting our Ukrainian guests. It is an incredibly compassionate act and demonstrates the true British spirit.

The hon. Member for Hackney South and Shoreditch asked when we became aware of the issues. It is fair to say I was part of the initial set-up of the scheme in my previous role in the Home Office under the previous Home Secretary, and we worked at pace, along with Lord Harrington, to set up the scheme, which was a true cross-Government effort. It was a completely new, bespoke scheme, so we worked through the night on many occasions to try to address the myriad issues that sat with our Department, with other Departments, with DLUHC, and, in some cases, with the devolved Administrations.

[Dame Meg Hillier]

On that point, the Minister says that it was a bespoke scheme. The Public Accounts Committee, which I have the privilege of chairing, looked at the Syrian resettlement scheme, which we gave quite a big tick. There are always issues with big projects, but it worked very well, so there was an example of a scheme that went before. It was not domestic hosting, so the safeguarding was slightly different, but there were still issues there. Did she look back to that scheme? I am still puzzled why the Government drew up a whole new scheme when there was a fairly good model on the stocks.

[Rachel Maclean]

That is a perfectly valid question, but I fear that the scope of this debate is very narrow and is about the exceptions in the Rehabilitation of Offenders Act. I was not the Minister responsible for the policy decisions. The right answer for colleagues who have raised valid points about the future of the scheme is probably to seek a Backbench Business debate—perhaps a Westminster Hall debate—so that the relevant Minister can come along and answer all those questions. It is not possible for me to answer them now, but I am happy to feed them back to my colleagues or to answer any correspondence on them.

The hon. Member for Lewisham West and Penge mentioned the fact that the scheme was initially going to run for a shorter period and that people are now coming to the end of that period, and asked what plans we have made for that. Again, it would be wrong for me to try to answer those questions as I am not the Minister with responsibility for those issues.

I very much hope that colleagues are reassured that the draft SI is an important part of the Government’s safeguarding responsibility, and I commend it to the Committee.

[Craig Mackinlay]

Could the Minister address some of the points that I raised?

[Rachel Maclean]

I am very happy to do so in writing, unless my hon. Friend would like to reiterate those points to the Committee.

[Craig Mackinlay]

I would be delighted to. Local authorities are in the driving seat when it comes to asking for the tests, but will any guidance come from the centre—be it from DLUHC, the Ministry of Justice or the Home Office—about what kind of former offence would be acceptable and pass muster, as it were, or is it up to the local authorities to make those decisions for themselves? I gave the example of a drink-driving offence from 20 years ago.

[Rachel Maclean]

I thank my hon. Friend for that aide-mémoire—it is very kind of him. We can certainly write with further detail, but I can assure him that we are talking here about a specific feature of the Rehabilitation of Offenders Act, which allows for exceptions to be made, and that decisions would be not be made case by case by local authorities—there is wider guidance on the whole scheme, the safeguarding measures and the suitability of families to be hosts.

We are talking here about making a change to the Act to provide that where a more sensitive role or activity is listed in the order—such as being a host for a vulnerable person fleeing war—greater disclosure of information that would otherwise be considered as spent is required. The rules that apply to determine what information is included—known as filtering—are quite detailed, and they include serious offences, such as serious sexual offences and others of that nature. I assure my hon. Friend that the regime is detailed, well established and in the interest of public protection. I hope that that answers his question, but he can feel free to probe further if not.

Question put and agreed to.

Oral Answers to Questions

Rachel Maclean Excerpts

Tuesday 18th October 2022 Commons Chamber

[Helen Hayes (Dulwich and West Norwood) (Lab)]

12. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[The Minister of State, Ministry of Justice (Rachel Maclean)]

Since we published the end-to-end rape review, rape convictions have increased by 77% in the past year, and they are up by 30% on pre-pandemic levels. But there is much more to do, which is why, among other measures, we are more than quadrupling funding for victim support, to £192 million, and investing in increasing the number of independent sexual and domestic abuse advisers to 1,000 by 2024-25.

[Kate Osborne]

Crime is up, charges are down, criminals are getting off and victims are being let down—and that is just in the Met police. Yesterday, we saw the alarming weight of evidence from the Casey report, identifying structural misogyny, racism and homophobia in the Met, with thousands of serving police officers getting away with breaking the law. That cannot be a problem for the Met alone but goes across police forces. That culture explains the failures in our wider justice system, where sexism, racism and homophobia are unrecognised by police officers, and victims are not believed or supported. Unless those issues are addressed, we will never change the appalling low charge and conviction rates for rape and sexual assault, so will the Secretary of State—

[Kate Osborne]

Will the Secretary of State look into whether this culture is symptomatic across police forces and take steps to ensure that victims get the justice that they deserve?

[Rachel Maclean]

I thank the hon. Lady for her remarks; I have two observations on what she said. First, she talks about the Met police. The Labour Mayor of London, Sadiq Khan, is the police and crime commissioner for the London police forces. I also ask her to direct her questions to the Home Office, which leads on these matters. Of course, we will play our part, which is why we are rolling out all the measures in the Crown courts to protect victims of sexual assault and rape, and there is a lot more to do.

[Helen Hayes]

Under this Conservative Government, people can be fined for cycling on the pavement but not for following a girl walking home from school. The problem is so widespread that research by Plan International revealed that one third of all schoolgirls have received unwanted sexual attention in their school uniform. For so many women, a lifetime of feeling unsafe on our streets starts in childhood. The Government continue to ignore the problem. Does the Minister agree that the law must be changed to criminalise street harassment?

[Rachel Maclean]

I thank the hon. Lady, but I strongly disagree with her remark that we are ignoring the problem. As she will know from Home Office questions, in which we have had many exchanges over the Dispatch Boxes about that issue, the Home Office is leading on a review of the laws relating to street harassment—not to mention the significant amounts of funding that we have put in to local councils all over the country to keep women and girls safe at night.

[Mr Richard Holden (North West Durham) (Con)]

Under the Ministry of Justice’s masterplan to increase the number of approved premises available, high-risk and very high-risk offenders could be located at Highfield House in Consett right in the centre of my local town, in a residential area near a lot of local youth facilities. Will the Minister meet me to discuss that, because it is quite inappropriate for the location that has been suggested?

[Rachel Maclean]

I thank my hon. Friend for bringing his constituents’ concerns to the House and I would be delighted to meet him to discuss that in detail.

[Mr Speaker]

I call the shadow Minister, Ellie Reeves.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I, too, welcome the Secretary of State and his ministerial team to their place.

Under the Tories, we have seen rape prosecutions reach record lows, court backlogs reach record highs and victims waiting more than three years for justice, yet in his conference speech, the Justice Secretary did not announce any tangible ways to change that. Labour, on the other hand, would introduce specialist rape courts to drive up prosecutions, reduce delays and fast-track cases through the system. Does that not show that the Tories have run out of ideas and that it is only under Labour that the public can again have confidence in our criminal justice system?

[Rachel Maclean]

It is lovely to have these exchanges across the Dispatch Boxes with the hon. Lady, and I am sure that we will have more of them, because it is in all our interests that we improve the criminal justice system and the response to rape. That is why, as she well knows, the work of the rape review is vital, and we have seen police referrals, Crown Prosecution Service charges and Crown court receipts increasing as a result of that vital work, driven by our law enforcement partners and the CPS. I draw her attention to two specific measures that we have introduced to assist: we have ended the criminal Bar strike, thanks to the efforts of the Lord Chancellor; and we have rolled out section 28 pre-recorded evidence to all Crown courts in the country to spare rape victims the trauma of live cross-questioning.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

3. What steps his Department is taking to help offenders find employment following their release from prison.

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[Dame Maria Miller (Basingstoke) (Con)]

9. If he will hold discussions with the Secretary of State for Digital, Culture, Media and Sport on the potential merits of including the recommendations by the Law Commission on intimate image abuse published in July 2022 in the Online Safety Bill.

[The Minister of State, Ministry of Justice (Rachel Maclean)]

The Government welcome the Law Commission’s review, and we are carefully considering its recommendations. As my right hon. Friend will expect, the Lord Chancellor is working very closely with his counterpart in the Department for Digital, Culture, Media and Sport.

[Dame Maria Miller]

The Law Commission’s report says there are gaps in the law on online intimate image abuse that

“mean that harmful, culpable behaviour is not appropriately criminalised and victims are left without effective recourse.”

The Government have a strong record on tackling crime against women, including by introducing the new revenge pornography laws. Rather than just talking about it, can we please act now and either include this in the Online Safety Bill or have a standalone Bill, as the Government recently did to tackle upskirting?

[Rachel Maclean]

My right hon. Friend has a hugely impressive track record of campaigning on all these issues, to enable women and girls to live safely both online and in the real world. She points to some of our previous work. Of course, technology is always changing, and the Government always keep this under review. It is right that we take time to consider the Law Commission’s recommendations, but I would be happy to meet her to discuss it in more detail.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Will the ministerial team go further in protecting women online? Is the Minister aware of the number of women journalists at the BBC who are trolled mercilessly into mental health issues? One dreadful troll was described as being in the Olympic class. These women have never been supported by the BBC, and they have never been given the support they should have been given. Will she join our campaign to secure justice through an independent inquiry into the negligence of the BBC towards its employees?

[Rachel Maclean]

I thank the hon. Gentleman for bringing that matter to the attention of the House. Of course, the Government have a range of responses to keep all women—not just BBC journalists—living their lives. It is absolutely right that we put in place the further protections that are contained in the Online Safety Bill. If he has further proposals, I ask him to bring them to me and I will be happy to look at them.

[Yasmin Qureshi (Bolton South East) (Lab)]

10. What recent estimate he has made of the size of the backlog of criminal court cases in Bolton.

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[Sarah Champion (Rotherham) (Lab)]

13. What steps he is taking to support victims in the criminal justice system.

[The Minister of State, Ministry of Justice (Rachel Maclean)]

Our victims Bill will improve support for victims of crime, so they can cope with and recover from the impact. It will help them remain engaged with the criminal justice system and strengthen the transparency and accountability of those agencies and authorities that should be there to protect them.

[Sarah Champion]

I thank the Minister for her comments, but I want to raise something specific that could be done through the victims Bill, which is to ban the use of victims’ counselling notes in courts. In July, the Attorney General extended the guidance, making it easier for such notes to go into the public domain. That has had a huge and immediate chilling effect on victims getting pre-trial therapy and on them coming forward at all. Please can the Minister address this.

[Rachel Maclean]

The hon. Lady raises a vital issue to which we are paying close attention through the work of the rape review. It is not the case that it is now easier for those notes to be requested. I am aware that the hon. Lady is holding an event this afternoon. I would be very happy to come along, talk to her and put right some of the points she has made. We are determined to improve the experience of victims of rape and we are making great strides already.

[Anna McMorrin (Cardiff North) (Lab)]

While the Government derail the economy and crash the markets, victims and survivors are still being abandoned. This Government are too busy trying to save their own skin to care about what is happening to victims. One survivor told me her partner sexually assaulted her and abused her child. Her truth was misbelieved and mistrusted. She never got her day in court. Now she is just one of many Jane Does denied justice and traumatised by the criminal justice system. These are the victims being failed by this Government’s negligence, and now we have a victims Bill going nowhere. Will the Minister tell victims when she is finally going to put them first and bring forward a Bill?

[Rachel Maclean]

This Government are determined to stand behind victims of crime. That is why, as the hon. Lady knows, the Justice Committee has carried out detailed pre-legislative scrutiny. We are reviewing that very carefully and we will bring forward the victims Bill as soon as parliamentary time allows.

[Nadia Whittome (Nottingham East) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

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[The Minister of State, Ministry of Justice (Rachel Maclean)]

I will be happy to look into that case. More broadly, the hon. Lady highlights the vital importance of the police and the CPS working closely together when they develop case files to go forward to the courts. That is the work we are doing in Operation Soteria. It is already resulting in more charges and more convictions for rape and serious sexual assault.

[Henry Smith (Crawley) (Con)]

T7. I very much welcome the Department for Work and Pensions having a dedicated team in my constituency to ensure that ex-offenders find gainful employment. May I seek assurances from the Ministry of Justice that that collaborative work to rehabilitate ex-offenders will continue?

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[Jack Brereton (Stoke-on-Trent South) (Con)]

T10.   Stoke-on-Trent has been blighted by drugs recently, particularly monkey dust, which is ruining lives. I am calling for monkey dust to be reclassified as a class A drug. Will my hon. Friend update the House on what action the Government are taking to increase the penalties for people who trade in those horrific drugs?

[Rachel Maclean]

My hon. Friend is completely right to highlight the harm and the horrendous impacts of drug dealing in his constituency. There are already significant penalties for supplying that drug—as a class B drug, the maximum penalty is four years in prison—but the Government always keep such matters under review.

[Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

It is not just the criminal courts that are seeing backlogs; the probate registry service and the divorce courts are also causing problems. One constituent came to my surgery last week. She is still living with her husband but her divorce case has been passed to Suffolk, where people cannot understand how she could still be living in the same house as him while trying to divorce—but that is the reality of the London housing situation. What action is the Minister taking to make sure that the pace of dealing with such cases increases?

[Dr Luke Evans (Bosworth) (Con)]

Colin Pitchfork is a double child killer and rapist who came in front of the Parole Board. My predecessor referred the case back to the Parole Board to be reviewed, but Colin Pitchfork was then released and had his licence revoked again after worrying behaviour around young women. The Government committed to a root-and-branch review of the parole system in March. Will the Minister update the House on progress on that, so that such cases never happen again?

[Rachel Maclean]

The public rightly want to know how that was allowed to happen, which is the impetus for our root-and-branch reform of the Parole Board. It now falls to the Parole Board to review Pitchfork’s detention. I assure my hon. Friend that it is very much the Secretary of State’s intention to provide a view on suitability for release. As soon as parliamentary time allows—

[Mr Speaker]

I call Emma Lewell-Buck.

[Rachel Maclean]

We will legislate to go further to allow Ministers to block release.

[Mr Speaker]

Order. When I say I am moving on, I am moving on; it is not for you to continue. It goes at my pace, not yours. I call Emma Lewell-Buck.

Child Murders: Sentencing

Rachel Maclean Excerpts

Tuesday 11th October 2022 Westminster Hall

[The Minister of State, Ministry of Justice (Rachel Maclean)]

I very sincerely thank my hon. Friend the Member for Crewe and Nantwich (Dr Mullan) for securing the debate—our first of the parliamentary term—and it is a real pleasure to be here to answer him and to see my friend the hon. Member for Strangford (Jim Shannon) in his accustomed place. As a former special constable, my hon. Friend the Member for Crewe and Nantwich is well placed to campaign and speak out on these issues, based on his personal experience as well as his experience as an excellent constituency MP. He represents his constituents extremely well.

I commend my hon. Friend for his work to stand up for victims, to bring such issues to the attention of parliamentarians and to campaign for tougher sentences. I completely agree that sentencing fitting the crime is vital for public confidence in the justice system. I know that, as an active and engaged member of the Justice Committee, he will have a lot to say on that in the future. I very much look forward to working with him as well.

All murders are terrible acts, but those where the victim is a child are particularly so. The murder of those most vulnerable in our society causes extreme grief and devastation for loved ones left behind. As a parent, it is devastating to listen to the cases set out by my hon. Friend. I know society feels it is necessary to ensure that those responsible for those terrible crimes are properly punished.

It may be helpful if I set out how the sentencing framework in England and Wales responds to the murder of children. Sir Charles, I hope I can abide by your guidance but would welcome your intervention if I fail to do so. I will start by saying that all murder convictions must result in a life sentence. When that life sentence is imposed, the court must determine the minimum period to be served in custody for the purposes of punishment and deterrence. Only when that period has been served in full may the offender be considered for release by the Parole Board. The board will release a prisoner only if it satisfied that it is safe to do so—I will come later to how we have toughened up the Parole Board. The judge will calculate the minimum term by selecting the appropriate starting point as set out in legislation, namely schedule 21 of the Sentencing Act 2020.

When sentencing adult offenders, the starting points are 15, 25 or 30 years or a whole-life order. Whole life orders are the most severe penalty available in our justice system and someone sentenced to one will spend the rest of their life in prison without the prospect of release. Judges must then consider relevant aggravating and mitigating factors and adjust the minimum term accordingly.

Of course, offenders serving a life sentence may remain in prison beyond the minimum term set by the court, and some may never be released if the Parole Board does not think it is safe to do so. If and when the offender is released, he or she will remain on licence for the rest of their life and will be subject to recall to prison at any time if they breach the conditions of their life sentence. A life sentence, therefore, remains in force for the whole of the offender’s life and it is an indeterminate sentence under which the offender could spend their life in prison.

Coming on to sentencing for the murder of children, which my hon. Friend the Member for Crewe and Nantwich spoke about, the framework rightly regards the murder of children as particularly serious. Schedule 21 sets out a number of circumstances where a whole-life order is the starting point when considering what minimum term should be imposed by the court. The legislation provides that the murder of a child should have such a starting point if it involves sexual or sadistic motivation, or the abduction of the child.

My hon. Friend rightly pointed out that the PCSC Act strengthens schedule 21 by expanding the range of circumstances in which a whole-life order is a starting point when the court is determining how long an offender convicted of murder should spend in prison. That means that the premeditated murder of a child now has a whole-life order as its staring point. Some instances of child murder might also fall within the other circumstances that apply to victims of all ages where a whole-life order is a starting point, for example, terrorist murders or murder committed by someone already convicted of murder.

Judges still have discretion to depart from those points and to impose a life sentence with a minimum term if they consider that to be the most appropriate sentence, having considered all the circumstances. However, it is right that they must first consider a whole-life order when making that decision. Alternatively, it is possible for the court to regard any offending as exceptionally serious and to impose a whole-life order in a case in which the circumstances are not listed as those where such a punishment would usually be the starting point.

Where a murder of a child does not meet the circumstances listed in the schedule for which there is a whole-life order as a starting point, the minimum term will be set according to the remaining starting points, depending on the facts of the case. There are aggravating factors applicable to all murders that could result in an increase to the minimum term due to the victim being a child. They include the vulnerability of the victim due to age, and where the murderer abused a position of trust.

It is important to note that through the PCSC Act, we have ensured that the courts have the fullest range of sentencing powers available to deal appropriately with those who commit other offences against children. It is worth Members noting and remembering that we brought forward Tony’s law, which was named in reference to young Tony Hudgell, who as a baby was abused to such an extent by his birth parents that he is severely disabled. I have had the great privilege of meeting his foster parents, and they are an incredibly inspirational and brave family. I pay tribute to them for all the work they have done.

The 2022 Act increased the maximum penalty for the offences of cruelty to a person under 16 and of causing or allowing a child or vulnerable adult to suffer serious physical harm from 10 to 14 years of imprisonment. It increased the maximum penalty for causing or allowing a child or vulnerable adult to die from 14 years to life imprisonment.

I fully recognise that my hon. Friend has kindly noted the progress made by the Government, but I recognise too that he would like a lot of these measures to go a lot further.

I do not wish to stray and will follow the strictures of the Chair, but may I make a point about judicial independence? My hon. Friend mentioned the case of Arthur Labinjo-Hughes. My understanding is that the judge ruled that those vile acts, although horrific, as my hon. Friend described, were not committed with intent to murder and that there was no premeditation. In our system, judicial independence is a cornerstone of our parliamentary democracy, and we, as politicians, cannot and should not pre-empt sentencing.

Let me refer to the case of David McGreavy, which my hon. Friend also mentioned. It is highly likely that McGreavy would now be given a whole-life order because he murdered three children with the sadistic motivation that was a feature of the case. If a judge determined that an offender was dangerous and the circumstances of the offence were sufficiently serious, a life sentence for that offence would be mandatory.

It is important that we turn for a few moments to the role of the Parole Board, which determines the end of an offender’s term in prison. The Government published a root and branch review of the parole system in March, setting out a number of reforms to the parole release process. It was felt that that process needed to be improved, that it should be tougher and that we should look to see where we could improve the system. The reforms will establish a top-tier cohort of offenders who have committed the worst offences, including murder and causing or allowing the death of a child. The top-tier cohort will be subject to increased ministerial scrutiny at the point of release, with new powers to prevent release if Ministers are not satisfied that the new and stricter release test has been met. That means that in future all prisoners who have committed the murder of a child or who have received a parole-eligible sentence for causing or allowing the death of a child will be subject to additional scrutiny at the point of release. We have committed to legislate for those reforms as soon as parliamentary time allows. Those reforms will be broadly welcomed by the public because they will be seen to improve confidence in the system.

Cases of child murder are rightly punished severely by the courts, and those who are convicted face long prison sentences, possibly with no prospect of release. That is the right thing to do. The Government have increased the powers available to the courts by raising the maximum penalties for acts of cruelty and extending the list of circumstances in which a whole-life order is a starting point to ensure that courts are able to impose severe penalties.

[Jim Shannon]

I thank the Minister for her response to the debate, and I think that the general public across the United Kingdom, particularly people in England and Wales, will welcome what she is saying. Following on from the contribution made by the hon. Member for Crewe and Nantwich (Dr Mullan), if someone beats a child over time and he or she does not die, but then one day that person beats the child and it does die, surely that should be taken as murder even though the intention at the beginning was not to murder, because it was certainly murder at the end. I am following the Minister’s line of argument here, and I am looking for clarification, please.

[Rachel Maclean]

The hon. Gentleman has gone to the heart of the issue of premeditation, which is relatively new with respect to the PCSC Act and how we have framed the law around sentencing. If I may, I will write to him on the issue in detail. I hope he is sympathetic that I have not been in this ministerial role for a long time, and I do not want to mislead anybody. I want to give the hon. Gentleman the precise facts and the legal position.

It is vital, and right, that we have increased the powers available to the courts in raising the maximum penalties for acts of cruelty and extending the list of circumstances in which a whole-life order is the starting point to ensure that courts can impose severe penalties for such serious offending. It has been a pleasure to speak about this important topic and to respond to my hon. Friend the Member for Crewe and Nantwich, as well as my friend the hon. Member for Strangford. I look forward to continuing to work with my hon. Friend to do whatever we can to increase public confidence in sentencing and the criminal justice system.

Question put and agreed to.

Rape and Sexual Violence

Rachel Maclean Excerpts

Tuesday 8th March 2022 Commons Chamber

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

It is real privilege to be able to close this debate and, in particular, to follow the speech by the hon. Member for Cardiff North (Anna McMorrin). It is the first time that I have heard her story, but I am sure that she will have made an enormous difference by speaking out today in the way she has, and I commend her courage. She is absolutely right to say that she will be changing attitudes by addressing the stigma and breaking the bias, so I want to thank her, as will, I am sure, every Member of the House.

It is a real privilege to close the debate on International Women’s Day, and I associate myself with all the remarks that have been made paying tribute to President Zelensky and the incredible women and girls of that amazing country, Ukraine. We stand with them. I never thought when I entered Parliament that I would be addressing the House after a speech such as the one I heard today. None of us has been left unmoved by it.

It is right that we focus on how we support victims and bring perpetrators to justice. I thank everybody who has brought before us the experiences of their constituents and told their stories. Listening to those victims and their experiences is how we drive the change across the justice system that all of us in this House are passionate to achieve, in order to build a fairer society for women and make our streets safer.

Yesterday, many of us attended an event run by Women’s Aid—it was a pleasure to see so many Members there. The comments made at that event chimed with me and many others. One of the Spice Girls, Mel B, stood up and said that she had no problem at all standing on a stage at Wembley stadium, singing and performing in front of hundreds of thousands of people, but that was nothing compared with the trauma of having to tell her story about her abusive marriage and everything she has gone through. Continuing to allow these victims and these incredible survivors to come forward, supporting them, and working to achieve the change we all want is how we will change the system.

I thank all Members who have spoken in this debate. They have raised a number of points. Time does not allow me to address all of them in detail, but I will start with the issue of stalking, which has been mentioned by many Members. Stalking is a very serious matter that has a broad spectrum of manifestations. We are, of course, looking at this issue in the context of domestic abuse, and also of harassment. That is why we awarded £11.3 million to police and crime commissioners to fund programmes for domestic abuse perpetrators and perpetrators of stalking, whether or not it takes place in a domestic abuse context. A wide range of sentences are currently imposed for stalking offences, reflecting the broad spectrum of manifestations of this behaviour. The most serious offences could result in a maximum of 14 years’ imprisonment.

We have discussed extensively in this Chamber the issue of stalking protection orders. As hon. Members know, I recently wrote to all police forces making clear where they are not using those tools appropriately, and that they need to use the levers at their disposal in order to properly keep women and girls safe. The grant rate for those orders is very high, and where they are being granted, the police feel they are a very useful measure, but there is more we can do.

We have also discussed the issue of spiking. We have all become familiar with these new and concerning reports of needle spiking, which is a terrifying experience—something that I think we all find appalling, frightening and disgusting. It is a reasonably new phenomenon, which is why my right hon. Friend the Home Secretary is working with the police to better understand the exact nature of spiking; what is actually happening with that crime? We are working to make sure we record these incidents through the crime recording framework, and are also urgently considering the case for a criminal offence targeting spiking directly. There are already a range of offences on the statute book that the police can use to prosecute this behaviour, but we are all concerned with making sure that those offences are used and we will not hesitate to legislate if necessary.

[David Johnston]

My constituent Sharon Gaffka is involved in a campaign on spiking, having been spiked twice herself. She now has more than 1,000 testimonies from people ranging from the age of 14 to 65. It is not always a sexual offence—sometimes friends do it to each other because they think it is a bit of a laugh to get a reaction—but I wonder whether I can get my constituent to share those testimonies with my hon. Friend to help inform the Government’s understanding of what is going on here.

[Rachel Maclean]

Of course. I thank my hon. Friend very much and I would be delighted to do that. I am working across Government with colleagues in the Department of Health and Social Care, the Ministry of Justice, the Department for Education and so on to have a cross-Government response to this matter.

Members have raised the issue of sentencing in a range of contexts. It is important to note that the Police, Crime, Sentencing and Courts Bill, which is passing through the House, will ensure that serious sexual and violent offenders serve two thirds of their sentence in prison, instead of half. Indeed, a number of other measures in that Bill strengthen the management of sex offenders, including by enabling electronic monitoring requirements to be imposed on those who pose a risk through sexual harm prevention orders and sexual risk orders, if necessary.

It is important that our criminal justice system catches up from the impacts of the pandemic. Our decisive action in the courts has kept justice moving. That is why we invested a quarter of a billion pounds to support recovery in the last financial year, and 30 Nightingale courtrooms are to be extended until March next year as we work across Government to continue our efforts to tackle the impact of covid-19 on the justice system. The new victims Bill, which we are introducing as quickly as possible, will bring about a cultural shift so that victims’ experiences are central to how our society thinks about and responds to crime. We want to ensure that the Bill tackles the things that victims most care about.

Members have referenced health, which is a vital component of our strategy to provide the tailored support that victims of rape and other serious sexual offences need. Through the work being carried out by my colleagues in the Ministry of Justice, the victims Bill consultation is looking closely at the commissioning of community-based services, including the role of health bodies. That consultation is now being analysed and we will bring forward a draft Bill as soon as possible.

I will reference an important piece of work from my colleagues in the Department of Health and Social Care through the women’s health strategy. The Department will appoint our first ever women’s health ambassador for England, whose role will be to focus on raising the profile of women’s health, increasing awareness and bringing in a range of collaborative voices. Members will know that I work closely with Women’s Aid, which is campaigning on better mental health support for victims of trauma and sexual offences. That forms another important component of the domestic abuse plan that we are bringing forward.

It is important to reference that we on the Government Benches fully accept that the current data shows that the system is not working as well as it could be. We have consistently been honest and transparent about that. It is only by doing that that we will be able to bring about the change that is desperately needed.

[Sir Robert Neill]

I am glad that my hon. Friend references data. Will she take on board the fact that the joint thematic report from the two inspectorates specifically references the need to do more on data in this field and ensure that that is in the Government’s response?

[Rachel Maclean]

I thank my hon. Friend for his intervention. We are reviewing those reports and others to ensure we have that data at our fingertips and bring forward the response that is required for victims. We are not complacent. We know there is more to do. This is the third time in the space of a week that I have personally stood in this Chamber discussing these very important issues. I am happy to continue to do so, because the work we are doing through Operation Soteria and some of the other workstreams is groundbreaking. I am proud to be associated with it, but we will not rest until we get the result that we need.

Question put and agreed to.

Resolved,

That this House commemorates International Women’s Day; regrets that under this Government conviction rates for rape have reached a historic low and that the typical delay between reporting an offence of rape and the completion of the resulting criminal case is over 1,000 days; calls on the Government to introduce minimum sentences for stalking and rape, to raise minimum sentencing for spiking and to implement Labour’s survivors’ package for victims of rape and serious sexual violence to restore trust in the criminal justice system; and further calls on the Government to begin an immediate assessment of the impact of setting up specialist rape offence courts on the significant Crown Court backlog of rape cases, as recommended by HM Crown Prosecution Service Inspectorate.

Tackling Violence Against Women and Girls

Rachel Maclean Excerpts

Wednesday 2nd March 2022 Commons Chamber

[Victoria Atkins]

rose—

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

rose—

[Dame Diana Johnson]

Two hands are up on the Front Bench.

--- Later in debate ---

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

Thank you, Madam Deputy Speaker, for allowing time for this important debate. I thank all Members who have contributed. I also thank Members for the tone in which most of the contributions have been made, because I have a real sense that this is a collective effort we are all engaged in. Our colleagues in the police force, local police and crime commissioners, and local authorities, with whom Members engage, also bear that responsibility, and that has come over loud and clear.

I want to start by addressing the points made to me by individual Members. I have made copious notes and I hope I can give due credit to the points that have been made. I thank the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair of the Home Affairs Committee, for her points. We will, absolutely, commit to publishing the perpetrator strategy within the legislative timelines that we have set out and legislated for very clearly. I hope that will command some welcome from the Opposition.

My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, made, in his detailed speech, some extremely useful comments and challenges for us. I listened carefully to his points, as did the Minister of State, Ministry of Justice, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins). He highlights a very important matter that the House should reflect on, which is that we are now prosecuting rape in a digital age. We are grappling with challenges on phones that simply did not exist a few years ago. We are setting out how we will tackle some of those challenges in our rape review and the end-to-end taskforce.

My hon. Friend mentioned specialist rape courts. We are looking at those as part of the report and will come forward with our response to that. Members will be interested to know—this was also referenced in the debate—about domestic abuse courts. We are taking steps on that matter. We have set up domestic abuse courts pilots to look at how we reduce the re-traumatisation of survivors of domestic abuse. We are taking a more investigative and less adversarial approach to limit the trauma victims have to go through in family court proceedings. Pilots are ongoing and we will report on them.

I pay tribute to the hon. Member for Swansea East (Carolyn Harris) for all her fantastic work on the menopause. She is absolutely right to highlight the link between domestic abuse and traumatisation. My colleagues in the Department of Health and Social Care are bringing forward the women’s health strategy, which, largely down to her, will reference that.

I thank my hon. Friend the Member for Newbury (Laura Farris) for all her points and for her very balanced comments about the somewhat fraught issue of misogyny as a hate crime. She highlights how complicated the situation is. Members need to reflect that the House voted overwhelmingly against making misogyny a hate crime, but that is not to say there are not steps we need to take to tackle misogyny in society. The Home Secretary is carrying forward that work with Maggie Blyth and the National Policing Board.

The hon. Member for Streatham (Bell Ribeiro-Addy) spoke very sensitively about the constituency case that I think we are all aware of. She has represented her constituent and her family extremely well. I want to highlight the funding that is going into refuge spaces. I announced just last week an additional £125 million for specialist support to go into refuges to help victims to rebuild their lives after the awful experience they have suffered.

The hon. Member for Canterbury (Rosie Duffield) highlighted the rise in reports. Obviously, we want to stamp this out and we do not want victims, but all of us recognise the issues around reporting and recording crime. She mentioned that, and said that those crimes have gone up. It is important that we continue to capture those crimes and that people come forward. There is a positive sign there, although obviously we recognise that there is much to do.

The hon. Member for Bath (Wera Hobhouse) talked about the Istanbul convention. We are already virtually fully compliant with the Istanbul convention. We already have those protections for women and girls. There are some legal technicalities, which we are resolving with our friends in the devolved Administrations, and we will be able to fully ratify it soon.

[Wera Hobhouse]

We have signed it but not ratified it. Is it really just a legal delay? I cannot understand it. We have been asking for this for about two years and we keep being fobbed off. Can the Minister please explain why there is this delay?

[Rachel Maclean]

I am afraid that I do not have the capacity in this debate to go into the technicalities. I have a lot to go through. As I have said, they are legal technicalities that we are working through with our friends in the devolved Administrations, which have a different legal jurisdiction. We can discuss that at another opportunity.

I thank the hon. Member for Chesterfield (Mr Perkins). We debated another tragic case in his constituency, or near to it, I believe. It was an honour to meet the family, and he is absolutely right to raise awareness of the importance of stalking protection orders. That is work that I am doing through the National Police Chiefs’ Council, to ensure that it is taking up those stalking protection orders.

The hon. Member for Liverpool, Wavertree (Paula Barker) asked why we are not taking femicide as seriously as terrorism. That is precisely what the strategic policing requirement sets out to do. I am afraid that I must take issue with her comments about the allocation of funding in her area going to perpetrators, not victims. Those funding matters are local decisions. The Home Office will make funding available to her locally elected Labour police and crime commissioner, so she needs to take that up with her Labour party colleagues in the area. We have put aside national funding of £300 million for victims, so I suggest that she has those conversations.

The hon. Member for Brentford and Isleworth (Ruth Cadbury) talked about honour-based violence. Just last Friday we banned child marriage thanks to the incredible hard work of my hon. Friend the Member for Mid Derbyshire (Mrs Latham). We fund many services helping victims of that horrific crime.

The hon. Member for Pontypridd (Alex Davies-Jones), who was very passionate in her remarks, asked why we do not talk about this as male violence against women and girls. Many Members have responded in that way. We do not shy away from talking about this as a gendered crime. As I said, we will publish the perpetrator strategy and all the associated guidance soon.

[Alex Davies-Jones]

The Minister is being very generous with her time. Will she meet me, as chair of the all-party parliamentary group on perpetrators of domestic abuse, to discuss this more fully with the wider members of the group?

--- Later in debate ---

[Rachel Maclean]

Of course I will. All Members across the House know that I am happy to meet them; I have met many of the Opposition Members present already. I was delighted that many of them came to the launch of our communications campaign on Monday night. They will know that the sector was there—people I interact with and meet on a regular basis. We have extensive conversations, but I am always delighted to have more.

The hon. Member for Putney (Fleur Anderson) complained that we are not having this debate in Government time. I do not know whether she was here yesterday afternoon, when I spent two hours answering questions in Government time on the reports, which cover many of the same topics that we are discussing today.

I think that we are all agreed that it is a collective mission to address violence against women and girls. It is one of the most pressing and important tasks facing the Government. Many Members present have rightly challenged us that the time for talk is over. We agree, which is why we have significant action already under way. I welcome the fact that Members noted some of that in their remarks. My hon. Friend the Member for Louth and Horncastle and I spend a considerable amount of our time working flat out on the rape review, that taskforce and all the work that underpins it.

I do not want anyone to underestimate the scale of the challenge, and how difficult it is. We are trying to change the culture across the entire criminal justice system. Many Members in this House have experience of how difficult that is. They will know what we are dealing with and they will respect, I hope, that we have been transparent about the objectives. We have set ourselves clear ambitions for where we want to go in tackling such a crimes and we are already driving action through legislative means and the other means available to us.

I was challenged by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who started the debate, on why we are not doing anything on spiking. Today I had a cross-Government group set up to work on the Government’s response at 3 o’clock. I had to cancel it, because I was coming to the House today. Of course, I will reschedule it.

That group is a subsequent step to a lot of the work that the Home Secretary has already been doing, as the right hon. Lady would expect, with the National Police Chiefs’ Council. It is paramount that we address the issues she has challenged me on, such as what happens when young girls go to A&E. That is why I would have had the Health Minister in that group, along with the Security Industry Authority, the NPCC, the night-time economy and so on. I will reschedule that.

[Yvette Cooper]

I am glad that the Minister is doing something. She will know that Labour tabled an amendment in the Lords that she initially resisted. May I ask, however, whether she did anything on this subject before it became a needle spiking story in the autumn?

[Rachel Maclean]

I am happy to respond that as soon as the reports reached us—that very day—the Home Secretary called in the police—[Interruption.] I cannot respond to the right hon. Lady’s comments from a sedentary position. I am answering the question she has put to me. As soon we were aware of the new issue of needle spiking, we commissioned the police to come to the Home Secretary and set out what they would do. All the work has followed on from that.

I want to make a few concluding remarks. Many Members have challenged the Government on why we did not do things earlier, and why we have not fixed things. If a silver bullet could fix all of this, I think we would have used it by now, believe you me. We have already taken action across a significant number of priorities, many of which were mentioned by my hon. Friends. We have been open and honest that it will take time, because we are dealing with a number of complexities. However, the work is backed by a significant funding settlement, not only through the victims funding I have already referred to, but through the funding the Home Office is putting into multiple support lines, helplines, charities, non-governmental organisations, the Domestic Abuse Commissioner and many others who are working across the whole system to help us improve our results.

I do not think I have heard any Opposition Member mention the significant funding we have put in through the safety of women at night funding and the safer streets funding, which is operational in Birmingham and the west midlands—I just want to say that to the hon. Member for Birmingham, Yardley (Jess Phillips).

[Jess Phillips]

Will the Minister give way?

[Rachel Maclean]

I will in a second, when I have actually completed my remarks. The hon. Lady has talked a lot about the systemic issues. Why are not we tackling misogynistic attitudes among young boys? That is what the work is doing. Why are not we tackling keeping women safe at night? That is what the work is doing, with additional patrols on the streets of Birmingham and other urban centres. We have safe student support zones and we have street pastors doing vital work out in the night-time economy as a visible presence on the streets. I will give way.

[Jess Phillips]

I can only apologise to the Minister that I did not act grateful enough for the money that has gone towards trying to keep women in Birmingham safer. I am not here to doff my cap to the Ministers; I am here to fight for the rights of women and girls. I will continue to do that, with every single bit of my tone just exactly as it is.

[Rachel Maclean]

Thank you.

I want to address one of the substantive points in the debate, Madam Deputy Speaker, but may I just check that I have a couple of minutes to do so?

[Madam Deputy Speaker (Dame Eleanor Laing)]

indicated assent.

[Rachel Maclean]

Thank you.

Many Members have mentioned the perpetrators strategy, and, as they will know, in the Domestic Abuse Act 2021 we committed to giving the police new powers, including domestic abuse protection notices and domestic abuse protection orders to provide flexible longer-term protection for victims from all forms of domestic abuse. In addition to imposing negative prohibitions such as exclusion zones, the DAPO will be able to impose electronic monitoring requirements and positive requirements such as attendance at perpetrator behaviour change programmes. I think that that is right, despite some of the comments that have been made about spending on perpetrators. How can we expect to tackle the problem unless we spend money trying to stop perpetrators perpetrating? Are hon. Members suggesting that that is free? Yes, we are spending money on perpetrators—because we want them to stop offending. We want them to stop abusing their partners. That is why we spend the money, and I challenge any hon. Member to tell me that it is not a good use of Government funding.

[Paula Barker]

The Minister is being generous with her time. Does she agree that although perpetrator funding is essential, the funding that goes to the victims of violence should be increased? They are often the ones fleeing the domestic home and having to set up anew. Does she not agree that they should get more funding than perpetrators?

[Rachel Maclean]

With respect to the hon. Lady, I think I have addressed that point. The funding is allocated to her local Labour police and crime commissioner, and those are choices that are made on a local level. We have introduced a huge number of measures through the Domestic Abuse Act to address the issues that she has mentioned.

Many hon. Members referred to education, which is vital. They will know that funding and support are going into schools to enable teachers to deliver that education in a respectful and age-appropriate way. All children deserve to learn about what healthy relationships are and about their importance, as well as how to develop mutually respectful relationships in all contexts, including online.

Several hon. Members commented on the online safety Bill. In response to the Chair of the Joint Committee—my hon. Friend the Member for Folkestone and Hythe (Damian Collins)—and others, let me say that we are strengthening the Bill. We will require all companies to take swift and effective action against illegal content, including criminal abuse and so-called revenge pornography. We confirm that stalking and harassment offences relating to sexual offences, including revenge and extreme pornography, will be specified as priority offences in the Bill. Companies will have to take proactive steps to tackle such content and prevent users from encountering it. There is no watering down going on. The Government are going to make tackling VAWG online a priority.

We must continue to drive a cultural change in attitudes and adopt a zero-tolerance approach to these crimes. I genuinely hope that every hon. Member across the House will take the time to share the “Enough” campaign, because a lot of the groups that have been referred to were in the room on Monday night, and they all welcomed the work that we are doing. They all said that we have to tackle this at the source; that is what we are doing. We launched the campaign this week to help us to make it clear to perpetrators that their crimes will not be tolerated, and we will consider where further action is needed to protect the most vulnerable in society and bring perpetrators to justice.

Question put and agreed to.

Resolved,

That this House condemns the Government for failing to take sufficient action to tackle the epidemic of violence against women and girls and for presiding over a fall in the rape charge rate to a record low; and therefore calls on the Government to increase the number of specialist rape and serious sexual offences units, improve police training to secure better outcomes for victims, introduce effective national management and monitoring of domestic abuse and sexual offenders and urgently publish the perpetrator strategy in full.

[Tom Hunt (Ipswich) (Con)]

On a point of order, Madam Deputy Speaker. Could you please advise me how the Leader of the Opposition and the Opposition Chief Whip can be called to this House to explain the behaviour of their candidate in the Birmingham, Erdington by-election? It was made clear on GB News earlier that she was caught on camera saying—[Interruption.]

Domestic Abuse Bill

Rachel Maclean Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Robert Buckland]

The hon. Lady makes a very powerful case for making sure that we use this Bill as an opportunity to extend as much protection as possible to domestic abuse victims throughout the length and breadth of our country. Scots law and my friends in Scotland have been dealing with this at length. Where it is appropriate to legislate, this House has the opportunity to act.

[Rachel Maclean (Redditch) (Con)]

I thank my right hon. and learned Friend very much for giving way. It was a huge pleasure and privilege to serve as Parliamentary Private Secretary to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), with all the work that she did over many, many months, which is why I am delighted to see the Bill progress today.

No one who listened to Sally Challen be interviewed on the radio the other day can fail to appreciate how important this Bill is. We are talking about resource and about costs that will come with the Bill, but does my right hon. and learned Friend recognise that, currently, the cost of domestic abuse is £66 million a year—as of 2017—so if resource has to be put into the system it must be done?

[Robert Buckland]

My hon. Friend is absolutely right to remind us of the economic as well as the moral cost of domestic abuse, and the Sally Challen case is one that will live with all of us as an example. The hon. Member for Swansea East (Carolyn Harris) and I have spoken about it at length. I look forward to her contribution because, although we are political opponents, we are also friends. Working together on issues such as this, we can show that, as friends, we can make that change.

The Government are absolutely determined not just to stamp out this crime but to provide better support for victims and their families. We have shown in our response to the pre-legislative scrutiny of the proposals that we are open to means of strengthening this Bill. Indeed, we expect to bring forward some proposals of our own. Before the summer, we made it clear that, subject to the outcome of the then open consultation, we would bring amendments to the Bill to place new duties on first-tier local authorities with regard to the support services to victims and their children in secure accommodation. The Ministry of Housing, Communities and Local Government is currently considering more than 400 responses to that consultation, but it remains our intention to bring forward appropriate provision to enshrine those duties in law and to provide the necessary funding to do so.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

Rachel Maclean Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Monday 11th March 2019 Commons Chamber

[Zac Goldsmith]

I could not agree more, and I am grateful to colleagues for being here to take part in this debate. I do not want to jinx it, but I hope this simple Bill will go through without a Division, which makes the presence of so many Members even more valued.

The anti-FGM legislation in the UK is not insubstantial—we have actually done a fair bit. FGM has been illegal here since the Prohibition of Female Circumcision Act 1985, which was replaced by the Female Genital Mutilation Act 2003 that made it illegal to assist someone performing FGM or to commit FGM abroad. The Serious Crime Act 2015 amended the 2003 Act to introduce mandatory reporting of FGM and to create the FGM protection orders that courts can issue to protect girls who have been or may become victims of FGM, which could include, for example, forcing the surrender of a passport to prevent travel abroad.

In addition to those laws, we can collectively be proud that we have taken a lead globally. The UK was the first country in the world to create a dedicated anti-FGM aid programme, with an initial tranche of £35 million pledged in 2013. Only a few weeks ago, my right hon. Friend the Secretary of State for International Development committed a further £50 million, which has yet to be allocated, for the one purpose of helping countries around the world, but mostly in Africa.

[Rachel Maclean (Redditch) (Con)]

My hon. Friend is right to emphasise the international nature of FGM, but does he agree that the Government have committed some £100 million-worth of funding to the ending violence against women and girls strategy in this country, too? We must ramp up these efforts.

[Zac Goldsmith]

I could not agree more, and I am glad my hon. Friend has raised that point. FGM is a form of extreme violence against women and girls.

--- Later in debate ---

[Rachel Maclean (Redditch) (Con)]

It is a pleasure to follow my hon. Friends, including my hon. Friend the Member for Richmond Park (Zac Goldsmith), and I will keep my remarks to the indicated time limit, Mr Deputy Speaker. Other Members have made many points already, so I want to make just three further points.

This weekend, I was reading the account of Waris Dirie, one of the world’s premier supermodels, and if we need to remind ourselves of how horrendous FGM is, just listen to what happened to her when she was five years old. Her genitals were completely cut off and then she was stitched closed, because she had to undergo the practice of infibulation, whereby not only were her genitals cut off, but she was left with only a patch of skin, completely smooth except for a scar down the middle, which she describes as being like a zipper. The procedure leaves a miniscule hole, meaning that on a woman’s wedding night—this is quite horrific—the husband has to cut her open or force his way in. No one can read or think about that without finding it horrific. The practice also means that some girls actually pass out during menstruation.

How do we tackle the issue? We must take an international approach, because we know that the desire for social acceptance and the avoidance of ostracism is one of the underlying roots of FGM. Like many Members, when I talk about the international aid budget, I am sometimes challenged on whether it is being spent in the right way, but when we hear stories like Waris’s and those of the other women about whom we have heard tonight, the general public will be behind what DFID is doing.

We must also consider the Bill’s broader cultural context, which includes child marriage. Over 700 million women and girls alive today were married as children, which is why I welcome DFID’s wide-ranging work to reduce FGM, including spending £50 million to support African-led movements to end FGM by 2030. So far, DFID has supported 78,000 communities, amounting to 24.5 million people, and has helped more than 3 million girls. The Department is also supporting the UN to the tune of £12 million to end violence against women and practices such as child marriage and domestic and sexual violence and to help 750,000 women and girls. I think that the general public would agree that that money is well spent when it goes towards stamping out the root causes of such horrific acts.

My final point is about why the problem is so hard to eradicate. We have heard that it is a broad cultural issue, that people are frightened to report it and that it comes with stigma and shame in some communities. The women who carry out the act do so from a place of love. They do it because their ancestors did it to them, so they are doing what they think is right. This is about education, so we need to examine how we teach not just victims and young children, but also the women who carry out the act. We must therefore consider the new sex and relationships education that is being introduced into schools on a compulsory basis, and we must ask ourselves some searching questions as a society. Do we think it is right that parents can withdraw their children from such lessons? How do we tackle the difficult issue of some communities protesting outside schools because they do not like what the Government are trying to teach children when that education involves precisely the issues that we are debating tonight?

We must eradicate the horrific mutilation of young women and girls. I look forward to supporting the Bill and seeing it progress through the House tonight.

Bailiffs: Regulatory Reform

Rachel Maclean Excerpts

Wednesday 9th January 2019 Westminster Hall

[Rachel Maclean (Redditch) (Con)]

Thank you for calling me, Mr Evans. It is a great pleasure to speak in this debate and to follow the other interesting and vital contributions. I want to present a slightly different perspective. I have a debt collection agency in my constituency that has been very concerned and wanted me to speak in this debate, because it felt it was important to put on the record the practices of the good debt collection agencies. The hon. Member for Leeds West (Rachel Reeves) said it was not fair on those who play by the rules, although there are clearly many examples of highly concerning practice, which Members from all parts of the House have highlighted, and I certainly do not take away from those for one second.

The point behind my contribution is to highlight for the Minister how the good debt collection agencies operate. Bristow and Sutor employs 156 people in my Redditch constituency and is already proactively improving the way that it operates, because it recognises many of the concerns that have been raised. Indeed, collecting debt in a fair and compassionate way results in more debt being collected, which is what we all want. We need to see that debt collected because it makes a vital contribution to our public services.

Importantly, Bristow and Sutor’s agents are all directly employed by the company. They are not on zero-hours contracts and are monitored and trained by the company directly. They have body-worn cameras when they go out and visit clients. The company has named people who deal with a particular client when they are visited and its agents are trained to deal with all the situations that they might come across.

[Alex Chalk (Cheltenham) (Con)]

Does my hon. Friend agree that reputable firms should be the loudest advocates for a system of regulation, so that they can mark themselves out from the rogue agents that behave unconscionably and make innocent people’s lives a misery?

[Rachel Maclean]

Yes. I thank my hon. Friend for that intervention; I completely agree. I was going to say that this particular firm is not against further regulation at all. It merely makes the point that it needs to be done in consultation with the debt enforcement agencies, looking at the best practice of some of the good agents, who carry out vital work that needs to be done to recover funds that will go into our local government coffers. When I visited that firm in my constituency, it made the point that its recovery rate is much more effective than those of some of its competitors. It is the second largest enforcement agency in the country and covers 16% of all local authorities’ collections. It is not the one that the hon. Member for Wolverhampton North East (Emma Reynolds) referred to, and it does have a good reputation locally. I wanted merely to place that on the record, and I agree with my hon. Friend that we need to totally overhaul the system.

[Emma Reynolds]

I am interested in what the hon. Lady is saying. She has made an important point about that company employing its agents directly. Does she feel that that has made a difference in its behaviour and practices?

[Rachel Maclean]

Absolutely. I have visited the company, which is a long-standing employer in the constituency. People have worked there for many years, starting their careers in that business. The company takes that very seriously, otherwise it would not have loyal employees for such a long period who care about doing their jobs properly and respectfully and about treating their clients with dignity in extremely difficult situations. That gives further assurance that there is proper oversight.

[Ruth George (High Peak) (Lab)]

Will the hon. Lady give way?

[Rachel Maclean]

I am sorry, but I need to conclude. I know that people want to speak. I very much support the calls for an independent regulator.