Police, Crime, Sentencing and Courts Bill

Richard Graham Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Richard Graham (Gloucester) (Con)]

Thank you for calling me to speak in this debate, Madam Deputy Speaker. Anyone listening outside might imagine that Members were talking in different debates. On the one hand, we hear Opposition Members echoing Unite the union’s calling this Bill “dangerous, totalitarian legislation”, and on the other, we have colleagues such as my right hon. Friend the Member for Bromsgrove (Sajid Javid) and my hon. Friends the Members for Chatham and Aylesford (Tracey Crouch) and for Rushcliffe (Ruth Edwards) praising the Bill’s extra protections for children from sex offenders, and for emergency workers from attacks in our hospitals, ambulances and police stations. What is going on?

The confusion comes, I believe, from a conflation after the ghastly death of Sarah Everard between the policing of the peaceful vigil on Clapham common under emergency pandemic laws to maintain social distancing, and measures in the Bill to legislate on public order, which are in part 3 of this vast Bill. The point is that they are separate issues. Let us not forget the core aim of the Bill, which is laid out on page 1. It is not domestic abuse, which is covered in a separate Bill that is also live at the moment, but safety and protection, as the introduction makes clear.

It is over three years since I raised, after meeting constituents’ parents, the issue of the grooming of young people by a driving instructor and a sports coach. Any Member who has read the National Society for the Prevention of Cruelty to Children’s case studies would not oppose the core principle of the Bill, which is the changes in the position of trust clauses. They are a major step forward that every parent and teacher should not just welcome, but applaud. Will the Lord Chancellor, either when he is on his feet later or on Third Reading, confirm that driving instructors are covered by clause 45(2)?

When Opposition Members complain that there is not enough to help women and girls in this Bill, I urge them to realise that the vast majority of those better protected through clauses 44 and 45 and, indeed, through parts 2, 7, 8, 9 and 10—and much else—are in fact women and girls.

Nor should anyone be misled by part 4 and clause 61, which concern unauthorised encampments. They take action against Travellers camping on land without permission of the owner, if they fail to comply with a request to leave

“as soon as reasonably practicable”.

Those in my constituency who have seen such encampments over the last decade—time and again they smash through fences in parks, sports grounds and dog walking fields—have seen their access and rights infringed and their children intimidated, while some, although by no means all, Travellers lift two fingers to the injunction processes.

The Bill also doubles the sentence for assaults on emergency workers and includes Kay’s law. That is why I will be supporting the Bill, and I am frankly astonished that everyone in this House is not doing so, with the details to be discussed on Third Reading.

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[Mr Lammy]

I know that the hon. Gentleman is just getting started, but the party that introduced whole life orders—the Labour party—will not, I am afraid, take any lessons from him.

The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), was right in this debate when she said that there was a fine line between “popular and populist” and that our freedoms depend on it. The Conservative party’s principles are rooted in liberty and against the overreach of the state. I call on every member of the governing party who still believes in freedom to join the Opposition and vote against this Bill tonight.

According to the Government, not only those who cause annoyance but those who damage statues of slave owners should be locked up for a decade. Unlike the Government, the Opposition will never condone criminal behaviour, but this Government’s priorities are backwards; they are upside down. Unlike women, memorials are mentioned in the Bill eight times. The Government think that people who damage statutes should spend up to 10 years in prison because of their emotional value, but it is fine to give five-year sentences for rape. This is not hypothetical: Anthony Williams strangled his wife to death, but received only a five-year sentence; John Patrick raped a 13-year-old girl, but got only seven years in jail; Ferdinando Orlando and Lorenzo Costanzo were jailed for seven and a half years for raping a woman in a Soho nightclub; James Reeve raped a seven-year-old disabled girl, but got only nine years; and David Nicholson raped an 11 year-old, but was given a sentence of nine years and four months. What does this Bill do to address those injustices that many people feel?

The Government would rather blow a dog whistle against minorities than make women safe. Measures in the Bill will further compound the inequalities experienced by Gypsies and Travellers who are already the most disproportionately represented group in the justice system. Those found guilty of trespass in the Bill could receive a higher sentence than someone convicted of stalking. Once again, this Government’s priorities are skewed. Even police forces do not support the Government’s criminalisation of trespass. The National Police Chiefs’ Council and the Association of Police and Crime Commissioners said:

“Trespass is a civil offence and our view is that it should remain so.”

Why are the Government determined to lock up Gypsies and Travellers, even against the advice of their own police?

Many of the other measures in the Bill will compound the biases that the Secretary of State knows exist in the justice system. The Prime Minister likes to boast of following my review and recommendations, but as my hon. Friend the Member for Vauxhall (Florence Eshalomi) argued so convincingly, too often young people are still considered to be perpetrators, when in fact they are victims. Earlier this year we heard the roar “black lives matter”, and it is clear by the fact that no full equalities impact assessment accompanies the Bill that the Secretary of State simply does not agree.

The Bill contains some important proposals that Labour supports. Most of the best measures come from campaigns by Labour MPs, many of whom have spoken eloquently about those campaigns in this debate. Labour supports my hon. Friend the Member for Barnsley East (Stephanie Peacock) on dangerous driving, and my right hon. Friend the Member for Warley (John Spellar) on reform of the disclosure and barring service. Labour supports my hon. Friend the Member for Rotherham (Sarah Champion) regarding sexual abuse by people in positions of trust, and my hon. Friends the Members for Rhondda (Chris Bryant) and for Halifax (Holly Lynch) on protecting the protectors. As the shadow Home Secretary so powerfully said, why can those protections not be extended to shopworkers, social care workers, and other front-line heroes? The Opposition are behind those measures, alongside others to keep the public safe from terrorists, child murderers, and other dangerous offenders.

However, Labour cannot vote for a Policing, Crime, Sentencing and Courts Bill that ignores the intimidation, violence and abuse that women face. We cannot vote for this Bill when it fails to increase sentencing for rape and stalking. We cannot vote for this Bill when it fails to criminalise street harassment, or to make misogyny a hate crime. We cannot vote for this Bill when it fails, on the watch of the Secretary of State, to give whole life orders to those found guilty of abduction, serious assault, and murder of a stranger. We cannot vote for a Bill that fails to outline a strategy to tackle the culture of misogyny that underpins it.

[Richard Graham]

The right hon. Gentleman mentioned stalking twice. It is worth remembering that in the Government in which he served, stalking was not a criminal offence. It became a criminal offence in 2012, and we then doubled the maximum sentence for stalking a few years later. I hope he will recognise that that was achieved under this Government.

[Mr Lammy]

Given all that has been said by women over the past few days, with the street harassment and stalking that they face, there is a simple question for the hon. Gentleman, who has tremendous experience in this House: have we done enough? Given that this is an omnibus Bill of a size we have not seen in a long time, could we have done more, and could the Secretary of State have done more? The simple answer to that question is, most obviously, yes, we could.

This is a missed opportunity. The murder of Sarah Everard has led to a national outcry, and the Government must finally take action to tackle violence against women and girls. The Government have responded with yet another meeting. Instead of uniting the country around a mission finally to address that violence, they are bringing forward divisive legislation that pits people against one another and takes away our freedom.

Some time this week, another woman will be killed. After around three more days, another woman’s life will be taken. Both those murders are likely to be committed by a man. For far too long, we in this country have had a problem of men killing women. If we stand for nothing, we fall for everything. Today, Labour is standing up for women by voting against this Bill. I ask Members on both sides of the House to do the same.

Police, Crime, Sentencing and Courts Bill

Richard Graham Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Kit Malthouse]

I completely agree with my right hon. and learned Friend, and I am as impatient as he is, not least because I am keen to kick off some analysis programmes looking at particular patterns of behaviour in particular postcodes. We men all know women who have been subject to this kind of abuse out in the public realm. My personal theory is that this sort of behaviour is not something a man does once. Much of this offending is repeated, and there are prolific offenders in particular neighbourhoods who could and should be identified, and they would be if we were better able to record it and had more transparency from a public order offence point of view. That is what we will be committing to do.

[Richard Graham (Gloucester) (Con)]

I am grateful for what the Minister has said, particularly about the early amendment on spiking. On this particular offence of misogyny, can we have it on the record in this House that no one in this House has any time for misogyny? The issue is purely one of law and what will be most effective. Everything that my right hon. Friend the Minister has said in answer to my neighbour, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), is extremely relevant. Does my right hon. Friend recognise that some police forces, such as my own—Gloucestershire constabulary—are recording data on this and believe it to be useful? I hope he agrees that that could be an encouraging form of evidence towards the aggravating factor he referred to earlier.

[Kit Malthouse]

I completely agree with my hon. Friend, and he is absolutely right that we need to look carefully at the recording patterns and what they are telling forces such as Gloucestershire about how they can and should intervene in particular neighbourhoods. We then need to look to other forces exhibiting the same patterns of offending, but not necessarily recording it, so that we can act to spread this kind of practice more widely.

I am encouraged by my hon. Friend’s sense of cross-party enthusiasm for this issue. I know that some in the House—I am not sure necessarily anybody present here—would seek to make it a political issue, but as the person who devised and published the first ever violence against women and girls strategy in the entire country when I was deputy Mayor for policing at City Hall, I am proud of the work I have been able to do in this particular area over the past decade or so, and I hope I will do it for many years to come. This issue breaches all divides, because we are all sons, brothers, sisters, fathers—whatever it might be—and we all know people who have been subjected to this crime.

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[Caroline Nokes]

The hon. Lady makes an important and powerful point. It is imperative that we look at this issue not just in terms of sexual harassment. I apologise for detaining hon. Members a moment longer than I intended, but I want to highlight the case of a constituent who came to see me. She was 23-years-old and had a job in Waitrose pushing trolleys around the car park. She said, “I hate lunch time.” That seemed an odd comment to make, so I asked, “Is it particularly busy at lunch time?” She said, “No. It’s when the white van men turn up.” She told a tale of how, in the depths of winter, when wearing a beanie hat, a puffer coat and a mask—it was at the height of covid—a man walked up to her, put his hands either side of her face and said, “You’re too beautiful to be doing this job.” I have spoken to colleagues in this place who are eminent lawyers— they know much better than me what is criminal and what is not—and asked them, “Where’s the crime?” Not one of them could come up with an actual crime for that. The hon. Lady is therefore right: that was not sex-based; it was just harassment in the same way as we see people stood outside abortion clinics hurling abuse at people going to access those services. We must ensure that abuse directed at women on the grounds of their gender or sex is tackled, and tackled effectively.

The Women and Equalities Committee is about to do an enormous piece of work about the cultures that underpin this problem and hopes to come up with recommendations that the Government will listen to and act on. We want to see legislation that makes women feel safer because they can point at behaviours and say, “That is a specific crime,” that allows perpetrators to look at behaviours and think, “Actually, I shouldn’t do that—I might get in trouble,” and that allows the police and the Crown Prosecution Service to look at behaviours and think, “There’s the crime.”

[Richard Graham]

On a small point of clarification, my right hon. Friend quite rightly referred to how the vast majority of spiking cases are about men spiking women’s drinks, and there is no question about that, but I am sure she recognises that some cases—I think in particular of the heinous case of Reynhard Sinaga, who was found guilty in Manchester of spiking and raping at least 48 victims man on man—are the other way.

[Caroline Nokes]

I thank my hon. Friend for that comment. I hope that I did not in any way give the impression that men are not victims, because, yes, they are. When we talk about violence perpetrated against others, sometimes we do not adequately identify the many instances in which young men, and young gay men in particular, can fall victim to such horrific behaviours.

I want to see something on the statute book, and I will press my right hon. Friend the Minister for something quickly. It is not good enough to kick this issue into the long grass and say that we need another review or more consultation. We see that too often. Young women, the girls of the Girl Guides, those from Plan International UK, older women—the Soroptimists have summoned me to tell me that this must be done urgently—and the Women’s Institute all want action. Later this evening, I will attend the event downstairs—it is on now—looking at the Government’s strategy. If we are serious, we must send a clear and powerful message to both victims and perpetrators about what is and is not criminal. Everyone in this House knows a victim; we also all know a perpetrator.

--- Later in debate ---

[Nick Fletcher (Don Valley) (Con)]

The Bill contains many good provisions, but I will confine myself to the subject of the serious violence reduction orders. Let me start by thanking the House of Commons Library for its report of September 2021, “Knife Crime in England and Wales”, which has been very helpful.

In 2010, stop and search was widely used in the fight against knife crime. It succeeded not only in catching people carrying knives and offensive weapons, but in deterring people from carrying them. However, its success was limited, as it was scaled down because many felt that its implementation was disproportionate and reduced community trust. If it did indeed reduce community trust, especially in the police, it was counterproductive. As a result, by 2020 there were fewer than half as many stop and searches as in 2010: in fact, the reduction was some 56%.

Did this lead to a reduction in the number of fatal stabbings in London? I am all too aware that we know the answer to that question. No, it did not; it had the opposite effect. The number of fatal stabbings increased by 81% in London. Ten teenagers were fatally stabbed in 2010, and a decade later that grim statistic was 27. Twenty-seven teenagers with their lives before them had those lives snuffed out, and for what? If stop and search had not been scaled down, how many of those young men would be alive today? How many lives have been lost because of the reduction in stop and search? I ask again, how many? Who here wants to see a life taken away? Nobody does, but I believe that opposing stop and search has led to that.

Increasing stop and search with serious violence reduction orders would be likely to reduce knife crime, but it must be done along with changes in police practice to avoid the mistakes of the past. The Government’s amendment to Lords amendment 116 will play an important role in that. By collecting statistics on who is affected by SVROs and what their impact on reoffending is, we can ensure that police officers are using this tool in a specific and targeted way. What of outside London? It will help there too. Sadly, what we have seen in London seems to be spreading to cities and communities beyond our capital. In the past year in South Yorkshire, we have seen an epidemic of shootings and stabbings.

What has happened to bring this about? What can be done to stem this tide and bring lawfulness back to our communities? The answer is “many things”, and we all have a part to play. We in this House must vote for the Bill. It needs to become law so that the police have the tools that they need to combat crime and disorder. Outside the House, each of us can play an important part as well. We can work with the police. If they want to stop and search us, we should let them do so. It will save lives. Stop and search might have saved the lives of two young men who were stabbed to death last month locally.

I say this to every parent in the country, and to every person who is lucky enough to have the responsibility of bringing up children. We are role models to our children, so we should all act like role models. We should all set a good example for them to follow. We should live our lives responsibly, and we should be the good role models in their lives—not some local thug, and definitely not a glamorised thug on television. The best way to teach a child how to behave is to live our lives in the right way. We all have a part to play in making our communities better week by week, year by year. Let us work together, and let us work with the police. I commend this Bill.

[Richard Graham]

I find this fascinating. So often in these debates, it is entirely understandable for the Opposition to say that the Government have not been in listening mode, and therefore amendments from the Lords have been turned down. Today, however, the evidence is striking. The Government are accepting, I believe, 22 Lords amendments on a wide range of matters, including emergency workers, domestic abuse, breastfeeding, common assault, data, hare coursing and child cruelty. I think that that is a good indication of both Houses working together.

I want to say a few words on Lords amendment 70 on spiking, and the Government amendments in lieu of it, and then on Lords amendment 72 on misogyny. On spiking, I am grateful to the Minister for his kind words about my 10-minute rule Bill, which is supported by Members from five different parties in this House, and which I think has helped to ensure that spiking is covered in this Bill. Certainly, when I originally proposed it, the thinking was that that would not be possible, so I recognise the movement that the Government have made.

The specific reason that I do not think the Lords amendment does the job that it could do is that it specifically calls for an amendment to the offence under section 61 of the Sexual Offences Act 2003. The truth, as we covered in the 10-minute rule Bill, is that there is more to spiking than sexual offences, although they are a big part of the problem. I am therefore satisfied that the amendments in lieu tabled by the Government will make a significant difference to the issue of spiking. As the Minister has said, it is clear that this behaviour is not exclusively linked to sexual activity, and the requirement on the Home Secretary to provide a report on the wider issues is therefore important. I believe that the Minister’s commitment—he might want to nod to repeat it—that the Home Secretary will be required to publish and lay the report before Parliament within 12 months of the Royal Assent of this Bill, is significant.

I note that the Minister has also asked officials to explore the need for a specific criminal offence to target spiking directly. I believe that this would change patterns of behaviour. It would have a preventive effect, and it would give young people—particularly young women—more confidence, especially at university. I would be delighted if he was able to commit to come back to this within six months of Royal Assent with a decision on whether to proceed with this further specific criminal offence, and I hope that he will say something on that in his winding-up speech. I have decided to pull my 10-minute rule Bill from its Second Reading, which had been proposed for 18 March, on the basis that the Minister has given that commitment, and I hope he will give a further one in his winding-up.

On Lords amendment 72, we have heard from distinguished colleagues including my hon. Friend the Member for Newbury (Laura Farris), the hon. Member for Brighton, Pavilion (Caroline Lucas), my hon. Friend the Member for Rushcliffe (Ruth Edwards) and the hon. Member for Walthamstow (Stella Creasy)—four powerful advocates balancing strength of feeling with legal expertise on this issue. My own feeling is that, since I have just explained why I believe that a spiking Bill will help in terms of having a preventive effect and giving young people more confidence, there is something to this and I am glad that the Minister will come back and report to the House—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I call the Minister.