Men’s Violence against Women and Girls
Richard Holden Excerpts(3 weeks, 2 days ago)
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Emily Darlington
The hon. Member is absolutely right; we need to look at why women do not have confidence in reporting to police. Some of that will be because of the numbers that we have seen go through to prosecution, and because of their worries that it will get worse for them before it gets better and about the protection they may or may not receive.
However, I am really proud to be part of a Government that has declared violence against women and girls to be a national emergency. I am proud of the work we have already done, committing to halve it, with the introduction of the domestic abuse protection orders to give great greater protection to women, Raneem’s law to transform how police handle domestic violence calls, workplace harassment laws, new protections for victims of stalking, and making spiking a specific criminal offence. No doubt that is down to the amazing women we have leading on this issue in Government, not least my hon. Friend the Minister, the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), and my right hon. Friend the Home Secretary, and their absolute commitment and tireless work on this issue.
Mr Richard Holden (Basildon and Billericay) (Con)
I congratulate the hon. Lady on securing this debate. What she is saying is absolutely right. Does she agree that changes in law made in this place can help lead to broader cultural change in society? We need to be at the forefront of these changes. Sometimes it can be quite difficult, but we must pick up that challenge, particularly when it comes to tackling violence against women and girls.
Emily Darlington
I thank the hon. Member for his intervention; I absolutely agree. When we see Members from across the House raising this issue in Northern Ireland questions, Westminster Hall and in the various debates we have, we know that it will have an impact on not only what the Government do but how men and women perceive this issue in our communities.
I want to talk about those perceptions, particularly the perceptions of young men. We often hear the platitude that for women it has always been this way, but is that actually true? A 2024 Crown Prosecution Service survey of 18 to 24-year-old men shows that it is not. Half of 18 to 24-year-olds think that it is not rape if the victim does not resist or fight back. Over half think that being in a relationship or marriage means that consent to sex can be assumed. Two thirds believe that if a person says online that they want to meet up and have sex, they are entitled to the sex when they meet, no matter whether the individual changes their mind. More than half think that if a man has been drinking or taking drugs, he is not responsible for the rapes he commits.
Oral Answers to Questions
Richard Holden Excerpts(2 months ago)
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Dame Diana Johnson
I am grateful to my hon. Friend for raising that important issue. As she knows, there will be post-legislative scrutiny of the legislation passed by the previous Government. As the previous Government agreed, it will be considered in due course.
Mr Richard Holden (Basildon and Billericay) (Con)
Recent footage of Metropolitan police officers saying that the description of Hezbollah as a terror group was a matter of “opinion” is alarming. The officers in question were deployed to a march in central London where support for Hezbollah was openly displayed, yet many offenders were only identified by photos on social media after the event. Will the Minister ensure that all officers are fully briefed on the proscribed status of Hezbollah, Hamas and other terrorist organisations, so that offenders are arrested on the spot, and not allowed to spew antisemitic hate on our streets?
Dame Diana Johnson
We are all clear that Hezbollah are a proscribed organisation. The police take great care when they police protests; there is a great deal of briefing for officers beforehand. However, the way that those protests are policed is operationally independent. I have been to see and talk to officers who are on the frontline at those protests, and I know that it is a difficult job. We should all say a big “thank you” for the work that they do. There have been many protests over the last 12 months that the police have dealt with, and many officers have had rest days cancelled to ensure adequate policing on our streets.
Dame Diana Johnson
As part of the spending review, we want to consider police funding in the round, including how police funding is allocated to forces. The sector, including the Association of Police and Crime Commissioners and the National Police Chiefs’ Council, is engaged in the process.
Mr Richard Holden (Basildon and Billericay) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
The Government are committed to bringing down legal migration. We will do so by making sure that British workers are upskilled in key sectors, with new requirements for employers to address skills shortages, and by introducing new training and workforce plans so that overseas recruitment does not remain the default for filling skills shortages in the UK.
Oral Answers to Questions
Richard Holden Excerpts(2 years, 6 months ago)
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Robert Largan (High Peak) (Con)
Mr Richard Holden (North West Durham) (Con)
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
Priti Patel
My hon. Friend raises an important point. If I may, on behalf of all of us in Government, I will thank and commend all members of the British public who have been supporting our schemes. It is important that we do everything we can across Government to support the education of children in our schools. In April, the Secretary of State for Education got in touch with every single local authority chief executive officer as well as directors of children’s services to outline clearly the requirements on schools and the funding coming from Government. I will of course pick up any points that my hon. Friend has from his constituency and raise them directly.
Mr Holden
Does my right hon. Friend agree that our compassionate approach to refugees from Ukraine, Syria and Afghanistan can be maintained with public confidence only if we are also robust in dealing with illegal channel crossings, and the human traffickers who peddle in human misery?
Priti Patel
My hon. Friend is absolutely correct: this is about deterring those dangerous crossings, deterring people smugglers, and carrying on with the long-standing and assiduous work that is taking place through our intelligence and security services and the National Crime Agency, and also upstream. This is about public confidence in the system. We are a generous country, but to maintain that means that we take action, so that we can be fair to those who come to our country, and firm on those who, quite frankly, are exploiting our country.
Public Order Bill
Richard Holden ExcerptsMonday 23rd May 2022
(2 years, 6 months ago)
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Priti Patel
I think I will make some progress, if that is okay.
This Conservative Government understand that if we are to cut crime, level up the country and make sure that people feel safe in their homes, on public transport and on the street, we need to back our police officers by giving them the powers and the tools they need to fight crime and protect the public. That was one of the main purposes of the Police, Crime, Sentencing and Courts Act 2022, which Opposition Members voted against. It also requires proper investment, which is why we are funding the police to the tune of almost £17 billion this year. We are helping the police to tackle violence against women and girls through major investment in safer streets measures—closed circuit television and more street lighting—and initiatives across the country. Earlier this month, I announced that I am strengthening stop-and-search powers, because stop and search is vital to get knives and weapons off our streets and save lives. Each weapon removed from our streets is a potential life saved. More than 50,000 weapons have been seized since 2019 already. I have also authorised special constables to carry and use Tasers.
The police service is not just an institution, but a collection of professional and dedicated people. They are extremely brave, as are their families. The introduction of the police covenant ensures that we will do right by officers and their loved ones, who do so much to support them.
Recently, we have seen a rise in criminal, disruptive and self-defeating tactics from a supremely selfish minority. Their actions divert police resources away from the communities where they are needed most to prevent serious violence and neighbourhood crime. We are seeing parts of the country grind to a halt. Transport networks have been stopped, printing presses blocked and fuel supplies disrupted. People have been unable to get to work and go about their lives free from harassment. Shamefully, they have even been prevented from getting to hospital. This is reprehensible behaviour and I will not tolerate it.
Mr Richard Holden (North West Durham) (Con)
I am particularly interested in seeing whether this Bill will target people such as Extinction Rebellion founder Roger Hallam. I was reading about him recently. He said that he would block an ambulance carrying a dying patient in order to make his political point. Will the Home Secretary ensure that people who would go to those extremes will be properly targeted by that legislation and thrown in jail if they carry out such actions?
Priti Patel
My hon. Friend is absolutely right. We should not tolerate behaviour that prevents people from going about their day-to-day business and stops them getting to hospital and living their lives.
We brought forward measures to address some of these matters in the Police, Crime, Sentencing and Courts Bill. While the Bill was enacted last month, the unelected other place blocked several measures, egged on by Opposition Members. We should not be surprised: Labour is weak on crime and weak on the causes of crime. It seems to care only about the rights of criminals.
Since January 2019, more than 10,000 foreign national offenders have been removed from the United Kingdom. In the past month alone, flights have gone to Albania, Romania, Poland, Lithuania and Jamaica. It was actually a Labour Government who oversaw the UK Borders Act 2007, which requires a deportation order to be made when a foreign national has been convicted of an offence in the UK and sentenced to 12 months or more, unless an exception applies. However, Labour Members, including members of the shadow Cabinet, now demand that we stop the removal of dangerous foreign criminals. They refused to support the Nationality and Borders Act 2022, which makes it easier to remove people with no right to be here, including foreign national offenders.
Many dangerous criminals, including paedophiles, murderers and rapists, are still in this country because of Labour Members. It is no surprise that Labour thinks mobs should be allowed to run riot, but I will not stand by and let antisocial individuals participate in criminal damage and disruptive activity that stops people living their lives and causes chaos and misery. The Public Order Bill will empower the police to take more proactive action to protect the public’s right to go about their lives in peace.
John McDonnell
I will finish on the motivation in a minute or two.
On stop and search, in my constituency, we have come to terms with the orders that designate certain wards enabling access on the streets for stop and search on the basis of where there are serious drug problems or where there has been a knife attack and so on. People have come to terms with that. Not everyone is supportive of it, but they have come to terms with it. I do not think they would be able to come to terms with the designation of a whole area in my constituency just because there might be a demonstration at Heathrow. It would mean having to designate the whole of the Heathrow villages area. On the issue of suspicion of carrying materials, you would need a police squad outside every shop in the Heathrow villages, because every one of my constituents in those areas could be seen as suspicious when they go to purchase something.
John McDonnell
Can I not this time? The hon. Member will understand.
Let me just say this on the serious disruption prevention orders. The extent by which they curtail freedom is beyond anything we have ever seen before. We are talking about people who are protesting on a whole range of issues. They have not committed a serious violent offence or anything like that. As the HMICFRS has said, it is not compatible with human rights.
In conclusion, this is an incursion into basic human democratic freedoms—an incursion too far. The motivation —I will be frank—is a populist attempt to garner support for a Conservative party that is deeply unpopular at times at the moment. I also think—my hon. Friend the Member for Leeds East (Richard Burgon) raised this point—the Government are fearful that demonstrations will mount as we go through the next 12 months because of the impact of the cost of living crisis. I think it is in fear of those demonstrations that they are introducing this legislation. It will do more harm than good and make more people disillusioned with the political process. I say to Conservative Members: be careful what you wish for because this will push more people into more forms of direct action—and forms of direct action that none of us would want to see. We all treasure our democratic rights and that is why I will vote against the Bill tonight.
Matt Vickers (Stockton South) (Con)
I am grateful for the fact that this Bill will protect the rights of everyday men and women across the country who want the freedom to get on with their daily life. Some of the dangerous and irresponsible disorder we have seen on our streets in recent times, and the havoc it has wreaked on innocent people’s lives, should not be described as protest. Some would say it verges on domestic terrorism.
We have seen attempts to stop the distribution of newspapers because hooligans did not agree with the content. We have seen areas of our capital city brought to a standstill at rush hour because lefty activists wanted to glue themselves to a road. The public are aghast that this could happen, and that our police did not have the powers they need to tackle it. The police have been left frustrated. They have been diverted from their work of tackling crime in our communities and making our streets safer, and are instead playing marshals, and are, in fact, putting their life at risk on our highways, stewarding this pandemonium.
Mr Holden
Was my hon. Friend as shocked as I was to hear the Home Secretary say that more than £175 million has been spent in just the past couple of years on certain protests? That money should be going to our local communities—either his in Stockton and Cleveland or mine in County Durham—to help us fight the real antisocial behaviour problems that our communities face.
Matt Vickers
I could not agree more. I am delighted to see 13,000 more police officers on our streets, and I want them to spend their time tackling the issues in Stockton South, rather than policing this jamboree.
Law-abiding citizens have been stunned by these scenes and want to see our police forces empowered to protect the rights of everyday people who are trying to go about their daily lives. Why should someone be able to prevent them from getting to work? Why should someone be able to prevent their children from getting to school? Why should someone be able to prevent their dying relative from getting to hospital in an ambulance?
Sixty-three per cent. of people support the creation of a criminal offence of locking on, and it is clear why. We must protect the freedom of our citizens against a minority who would seek to impede them. Moreover, I can see how genuine protesters would be frustrated. They turn up to a protest to stand up for a noble cause, and then some of these serial protesters turn up en masse like some sort of traveling circus. Full of clowns, these groups hijack protests for a superglue soiree. They bring individual campaigns into disrepute and damage the public support and sympathy that genuine protesters have worked hard to gain.
Caroline Lucas (Brighton, Pavilion) (Green)
This is a deeply dangerous Bill, and I am pleased to support the reasoned amendments. The measures in the Bill represent a fresh outright attack on our fundamental rights. Indeed, as others have said, the human rights organisation Liberty has called it a
“staggering escalation of the Government’s clampdown on dissent.”
We are in the grip of multiple crises: a cost of living scandal that is pushing millions of households into fuel and food poverty; a war in Ukraine with disastrous consequences; and the accelerating climate and nature emergencies. What we need at this critical juncture is more democracy, not less—not a ban on our constituents participating in certain protests, not subjecting them to 24-hour GPS monitoring for the crime of disagreeing with the Government, and not barring them from participation in public life.
Today I want to focus on serious disruption prevention orders. I will also touch on stop and search, and the creation of new offences. Serious disruption prevention orders are a form of banning order that might more accurately be called “sinister disproportionate political orders”. They are sinister because the idea that someone can be banned from attending a protest for up to two years simply because they have participated in at least two previous protests within a five-year period is nothing short of Orwellian.
People do not need to have been convicted of a crime to be subject to an order. They just need to have dared to exercise the right to take part in a peaceful protest: dared to have attended rallies against Brexit; dared to have marched against going to war; dared to have held our children’s hands as they went on climate strike. How will the police know whether someone falls into that category? How will they know that someone is engaged in other activities that the Bill deems unlawful, such as buying a bike lock or painting a banner? Thanks to drastically expanded surveillance powers, of course, about which I will say more shortly.
The world was rightly outraged by footage of peaceful protestors in Russia being bundled into police vans and silenced for opposing Putin’s war in Ukraine. Make no mistake, this clampdown on British citizens is cut from the same cloth. I will spell it out: an SDPO would completely remove someone’s right to attend a protest, and therefore must be resisted by any right-thinking person who values our democracy.
Proposals to impose sinister banning orders are nothing new, and have time and again been labelled disproportionate. In response to a previous iteration of such orders, Her Majesty’s inspectorate of constabulary and fire and rescue services, and even the Home Office, issued the same warning about their impact on people’s ability to take part in protest. Her Majesty’s inspectorate stated:
“It is difficult to envisage a case where less intrusive measures could not be taken to address the risk that an individual poses, and where a court would therefore accept that it was proportionate to impose a banning order.”
In other words, the provisions in the Bill to restrict citizens are disproportionate to the supposed threats they seek to address.
Moreover, the Bill takes state surveillance to chilling new levels—for example, allowing electronic monitoring of someone subjected to an SDPO, with only the vaguest safeguards applying to any data collected, and the potential for associated negative impacts on individuals’ privacy and the wider community. It bears repeating that this could happen to someone who has committed no crime. As someone who has used parliamentary privilege in this place to open the lid on the immoral and arguably unlawful actions and sanctioning of police spies, this causes me considerable concern. The Home Office argues that such levels of interference are justified by the emergence of groups such as Insulate Britain and Just Stop Oil, but existing legislation—for example, the Public Order Act 1986 and the Protection from Harassment Act 1997—already grants the powers that reasonable policing of such protests demands.
The Bill is also disproportionate because the new offences could criminalise people for linking arms and having in their possession everyday items such as the bike locks that are simply “capable of causing” so-called “serious disruption”. There is no requirement for any disruption to be actually happening. The provisions just about fall short of policing people’s thoughts and intentions, but the direction of travel is clear and it should terrify us all.
The orders are sinister, disproportionate, and political—political, because the provisions allow far too much scope for police interpretation. On the new broad power for protest-specific stop and search, for example, a suspicion that someone might have knitting needles, a hoodie or even just a marker pen in their bag could be grounds for the police to act, but it does not stop there.
Caroline Lucas
As others have said, evidence-based stop and search—where there is evidence and a good reason—is not in question. What is in question here is stop and search on the basis of a whim. As others have eloquently said, there is a very real danger of antagonising some groups who are already most disadvantaged, and therefore making the situation far worse.
The Government want to give the police powers to stop and search a person or a vehicle in a protest context, even when there are no grounds for suspicion. That will be permissible simply if a police officer believes that an offence—such as wilfully obstructing a highway or intentionally causing a public nuisance—might happen in the area or thinks that some people in the area might be carrying prohibited items; and there we are, back to the marker pens and knitting needles.
Protest is, by its very nature, liable to cause a public nuisance, disruption and noise, and to have specific targets, but real democratic leadership does not seek to ban opposition voices from protesting. Only a cowardly Government, who do not trust or respect their people, would take such a step.
Richard Fuller (North East Bedfordshire) (Con)
It is a pleasure to follow the hon. Member for Brighton, Pavilion (Caroline Lucas). She certainly put out the most certain bet that she has been on more protests than most other people in this House and she is honourable for doing so. She said that the contributions to the debate from the Government Benches had promoted divisiveness. I do not agree with her—people have been trying to express their point of view—but, standing alone, perhaps I shall be a sole voice in expressing some reservations about the intent behind some of the measures in the Bill.
I was grateful to hear some of the contributions by the Home Secretary, particularly her willingness to look at the Bill’s focus. I would like to take that up with the Policing Minister, who has been able to explain to me some of the more detailed provisions of previous Bills.
At some points in the debate, it has not been clear whether Members have been focusing on the Bill in the context of protest, climate change or criminal damage. The Bill is at its best when it focuses on those who would use protest as a cover to cause damage or create unreasonable disruption. It starts to lose its way when it strays away from that into an area where all democratic Governments need to be careful, which is how a Government of the day pass legislation that has an effect on protest.
My first concern of principle, then, relates to imprecision, in respect of which I shall mention a couple of clauses. Before I started to speak, I wrote down that I had concerns about why, with the Government having only recently taken a large Bill through Parliament, we had the provisions sort of re-presented today in this Bill. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who spoke for the Opposition, had a point about why these measures have come back to the House so soon and whether we have had time to see the impact of the measures passed previously. Again, I can see the rationale for the Bill when it is tight to its intent; when it goes broader than that, I have significant questions.
One reason I am a Conservative is that I believe in freedom of speech—the right of people to express themselves freely. Indeed, as a Government we are emphasising that in a number of other pieces of legislation we are bringing forward. In questions to the Secretary of State for Education earlier, we highlighted the importance of free speech in schools and the need not to have ideological perspectives. We are talking about it in universities, too. As I thought in respect of the Police, Crime, Sentencing and Courts Bill, the Government are at risk of being in conflict with their freedom of speech priorities in proposing a Bill that focuses on some of the restrictions on protests.
Another point that came up in respect of the previous Bill and does with this one, too, is the risk that it puts on police officers being seen as political because of their decisions, given the very broad framework that is set out and the fact that it is hard to explain to someone who is being noisy or disruptive why they are being selected rather than others. I do not expect the Policing Minister to address that today, but it would be helpful to learn a bit more about that in my conversations with him.
I think all Members present will recognise my final concern of principle. It is surely true that our politics have become far more divisive over the past decade. Whatever the reasons for that may be—perhaps it is a matter of political decisions or of social media—when people feel very divided on politics it is important that we keep open to them as many avenues as we possibly can for them to express dissent or an opinion or to say where something is wrong. That is an important context for the Policing Minister and the Government to consider as they think about the application of the Bill.
Let me turn to some points about the Bill’s provisions. I talked earlier about it being imprecise and straying from areas in which it is strong—its focus on the use of protest as cover for criminal damage—and unfortunately clauses 1 and 2 are where that level of imprecision starts. They are worded far too openly. Everyone here seems to know what attaching on means. Is that the phrase? I cannot remember exactly what it is.
Richard Fuller
I thank my hon. Friend. I have no clue what locking on is. I do not know. Some colleagues have made the point. What does one have to attach oneself? I have no idea and there is nothing in the Bill to explain to me what locking on may be. It would be helpful for the Government to produce further provisions on that. It is disappointing that the Government are then extremely precise in clauses 3, 4 and 5 about some of the measures they wish to introduce. Precision is clearly not unavailable to them; it is a matter of choice where they have applied it.
A number of Members have spoken to clause 7, which introduces powers on stop and search. Some people have rightly made the point about the disproportionality of stop and search, which has been an important issue for me in my time in Parliament. My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes), who is no longer in his place, made his point by saying, “But what about the number of knives and the number of offences that have been caught?” First, that does not answer the question of disproportionality, which is the fundamental reason why many of us have concerns about the use of stop and search. Secondly, that argument is completely inappropriate when stop and search is applied to people going on a protest, because it is about not the other aspects of serious crime or serious drug dealing that we talk about, but people expressing their points of view. I say to the Government, “Please, if you are going to look at the extension of stop and search, think carefully before putting that provision in this legislation.”
Richard Fuller
The right hon. Gentleman is entitled to his point of view about the broader panoply; my point is specifically about stop and search. I hate the fact that a black man, perhaps with his son, who walks in the streets of London or in my constituency in Bedfordshire is 14 times more likely to be stopped, and very often for no good reason. He may then have to explain to his son or daughter why that has happened. Until we as a population start to find some balance about whether stop and search is useful or not and focus on what it means to the next generation, we will be letting down our young people.
Clause 7(7) is chilling:
“A constable may, in the exercise of the powers conferred by subsection (6), stop any person or vehicle and make any search the constable thinks fit whether or not the constable has any grounds for suspecting that the person or vehicle is carrying a prohibited object.”
That is on the way to a demonstration. We can do better than that.
What is serious disruption? It has been mentioned by many Members. It is a lynchpin in the Bill for many aspects of what may happen, but it is not defined in the Bill. Does the Policing Minister intend to come forward with some more precise language about what constitutes a serious disruption, so that we do not put undue pressure on police officers to work it out for themselves in the heat of the moment when people are going on demonstrations? One Opposition Member—I cannot remember which—said that a large demonstration is very likely to cause serious disruption by dint of being a large demonstration. If there is a protest of hundreds of thousands of people going through a city, there is likely to be serious disruption. If we are not going to define “serious disruption”, we will be at risk of having some of these powers misapplied.
Mr Holden
Surely, large protests such as the ones we saw over the Iraq war or the hunting ban, would have engaged with the police at an earlier stage to facilitate a proper, lawful and peaceful protest. What the Government are trying to target are those small, sporadic numbers of people who are causing deliberate harm to specific areas of key infrastructure. Does my hon. Friend understand the difference between those two cases?
Richard Fuller
I do; that was why I said that the Bill is at its best when it focuses on those things. I am just saying to the Minister that we should have more precise definitions in the Bill.
Clause 14(4) lists the prohibitions that may be imposed on someone subject to a serious disruption prevention order. Let me tell the Minister what this reminds me of. Earlier in my time as Member of Parliament for Bedford, I had a constituent who was under a control order. Control orders were brought in for people who our intelligence services said were terrorists or were at high risk of causing a major terrorist incident. Some of the provisions in clause 14(4) remind me very much of the control order provisions that my constituent was under. I ask the Minister please to look at whether that level of intervention on the activities of an individual, who has merely gone about protesting in a way that, yes, may have caused disruption and, yes, may have been subject to the provisions of this Bill, is truly what we should be seeing in a free society.
Andy McDonald (Middlesbrough) (Lab)
It is an absolute pleasure to follow my hon. Friend the Member for Salford and Eccles (Rebecca Long Bailey).
The Public Order Bill is the latest in a line of Bills that this Government have decided to introduce, which can only be described as some of the most reactionary and authoritarian legislation in living memory. Instead of bringing forward measures to support people, following a global pandemic that has ripped through our communities, with many now in the dreadful situation of having to choose between heating their homes and eating, and with 40% of households expected to be in fuel poverty, Ministers are using parliamentary time to criminalise our basic right as citizens to protest peacefully—or even noisily and irritatingly.
The Bill follows a raft of recent laws passed at the very end of the last Session that were designed to stifle our liberties. We had the Elections Act 2022, containing measures cynically designed to prevent people from voting. We had the Nationality and Borders Act 2022, which gives the Home Secretary powers to strip dual citizens of their British citizenship without notice, and—in contravention of the UK’s international obligations—criminalises many of those seeking asylum, who now risk being shipped off to Rwanda thanks to her cruel and inhumane scheme. We also had the Police, Crime, Sentencing and Courts Act 2022, banning noisy protests and criminalising Gypsy, Roma and Traveller communities.
Thanks to the work of those in the other place, the Government’s attempt to pass provisions that, if implemented, would leave the UK in breach of international human rights law was scuppered. It is therefore very concerning that the Government have immediately opted to introduce them again in this Session through this Public Order Bill.
The headline measure banning people from locking on—attaching themselves to other persons or objects—is a dangerous assault on non-violent protest. To begin with, as has been pointed out, the Bill does not even properly define “attach”, so it is unclear what it means. Could linking arms with other protesters count? Could using balloons that need to be tethered to the ground fall under these provisions? On top of that, the Bill does not define what would constitute “reasonable excuse”. Would exercising the fundamental right to protest count?
Would the following example count, which I wish to bring to the Home Secretary’s attention, as set out in an early-day motion from 13 years ago, one of whose main signatories was the right hon. Member for Maidenhead (Mrs May)? It begins:
“That this House commemorates the 100th anniversary on 27 April 2009 of the day that Margery Humes, Theresa Garnet, Sylvia Russell and Bertha Quinn, suffragettes from the Women's Social and Political Union, chained themselves to statues in St. Stephen's Hall to protest for the right of women to vote”,
and
“pays tribute to those and all other heroic women who fought for the rights of women during a time when society, and Parliament, thought them undeserving of equal rights”.
How can the Home Secretary countenance enacting legislation that would undoubtedly make protests such as that, which took place just a stone’s throw away from this Chamber, carry a maximum penalty of six months in prison, an unlimited fine, or both? What is more, the Bill would make it an offence merely to be in possession of equipment to lock on. A person would not have to lock on to commit a crime; just being equipped to lock on would be an offence punishable with an unlimited fine.
The right to protest was fought for by generations. When Parliament is not acting in the interests of the people, whom it purports to represent, the right to protest is paramount to keep this place in check. Were it not for those suffragettes, the securing of women’s rights would have been much delayed, which might have delayed the progress that enabled the Home Secretary or the former Prime Minister to be in this place. I cannot help but see the terrible irony in the Home Secretary’s introducing legislation that would criminalise the very means by which courageous suffragettes won women the right to take part in the political sphere. If it was right for the suffragettes to take that action, as the former Prime Minister advocated, why is it not right for other protesters holding this place to account?
Mr Holden
Legislation passed in 2007 turned trespass in this place into criminal trespass, so what the hon. Gentleman is talking about could not take place because of legislation passed under the last Labour Government. It is already a criminal offence, so the suggestion that the Bill does something different and criminalises something that was not already illegal does not hold water, does it?
Andy McDonald
The hon. Gentleman understates the significance of that process, which fundamentally changed our constitution and which was deemed to be illegal at the time.
What is so different between, on the one hand, the suffragettes, and on the other, protesters such as the esteemed international climate lawyer Farhana Yamin sticking her hands to the pavement outside the London headquarters of Shell to highlight the fact that the Paris agreement, which she helped to negotiate in 2015, was not delivering; or the Palestine solidarity activists locking on to one another outside the London headquarters of Elbit Systems, Israel’s largest arms manufacturer, whose subsidiary IMI Systems may well be responsible for supplying the bullet used to murder Shireen Abu Akleh? Just like the Government in 1909 withholding the right to vote from women, this Government’s failure to tackle the climate change crisis with enough urgency is an outrage that demands outcry. Much has been said of Insulate Britain and the objections to certain of its tactics. Government Members should contemplate why it is necessary for people to take such measures when we see our planet dying. If they want to shut up Insulate Britain, there is something very simple that they could do, and that is to insulate Britain and get on with it. In a healthy democracy, these uproars of objection would not be criminalised, but taken on board by a Government serving in the interests of the people.
The attempt to pass the Bill is a very dark day for democracy, and it is incumbent on us all to oppose it in its entirety. I encourage everyone who can do so to attend the TUC rally in this city, which is titled so aptly: “We demand better”.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
Here we go again: illiberal legislation on public order and regulating protest boomeranging back in here after the other place flung it out last time. I do not deny that there can be value in appropriate sentences and tighter enforcement in the face of serious disorder—for example, pitch invasions are increasingly common and unwelcome nowadays—but we have to be proportionate about these things.
In 2019, it did seem a bit bizarre when we saw Extinction Rebellion on top of tube trains, when that is one of the most green forms of transport. It probably did not make any new fans there, and ditto when the A40 in Acton was blocked. We all prize living in a liberal democracy, but if curbs are disproportionate and the exercise is about curtailing everyday freedoms primarily to win favour with the red tops and to play to their party base and the gallery, then we do have a problem.
These things are always a balance, but we have to tread carefully when it comes to limiting protest. Not that long ago, the Government were going softly, softly on stop and search. We even saw the police dancing with protesters, but the Bill goes for the eye-catching and draconian, such as creating the offence of locking on, where someone is potentially subject to 51 weeks in prison and an unlimited fine for intentionally attaching themselves, someone else or an object to another person, to an object or to land in a manner capable of causing “serious disruption”. It is so vague that it could apply to people linking arms. That is not to mention, as has already been said, that the most famous lockers-on in history were the suffragettes. It is just outside here where Viscount Falkland’s foot spur is missing, because in 1909 people locked on to it. That is part of our history and it is never to be replaced.
We have to beware of being heavy-handed and being led by moral panic with these things. The European Court of Human Rights has held that the freedom to take part in peaceful assembly is of such importance that it cannot be restricted in any way, as long as the person concerned does not commit any reprehensible acts. Concerningly, there is such widespread discretion in the Bill that the police have carte blanche. These laws are not dissimilar to what they have in Russia and Belarus.
If we think about the memorable protests of recent years, yes there has been Extinction Rebellion, but there have also been the school strikes. I do not condone bunking off school, but Greta Thunberg and her lot and the UK equivalent did put the lie to the youth being apolitical and apathetic. We have had Black Lives Matter and what happened to Colston, but I would argue that the sea change should have been the heavy-handed policing of the vigil for Sarah Everard. It was a shocking incident, and the policing was disgusting. In the immediate aftermath, we had a little bit of hand-wringing and concern, but the content of the Bill is a huge disappointment.
Unlike with the average road, where there is a minimal risk of disruption or it being blocked when we get in our car, women going about their lawful business every day in this country find that their route is blocked. What I am talking about specifically is women seeking an entirely legal abortion. It could be for any manner of reasons, and it is probably one of the most stressful and distressing moments in someone’s life. There is a one in four chance—this is from the Home Office’s own figures—that the clinic they attend will be subject to protests or vigils from anti-abortion protesters.
I have raised this issue with a number of different Home Office Ministers. I presented a ten-minute rule Bill in 2020 with massive cross-party support—from Members of seven different parties—so I know the will of the House is there. Even the Home Secretary, in answer to my oral question in February, was positively glowing, and I know she sees a lot of merit in it—but here is a Bill to curb protests and there is absolutely nothing on protests outside clinics. At least four more clinics have been affected since my 2020 Bill and, if we add it up, the issue affects 100,000 women a year, yet the Government say that there is not enough impact to warrant intervention. We know that psychological distress and damage is being done to those women and that precious police time is eaten up—Members should ask the police in Ealing.
In Ealing, we are lucky to have a pioneering council that put through a public spaces protection order to end more than 20 years of harassment at the Marie Stopes clinic. The street is now transformed, with no more gruesome foetus dolls or women being told that they are going to hell for a completely legal medical procedure. We are lucky in Ealing, but it should not be about luck. It was an act of last resort by our council, and only two other local authorities have followed—Richmond and Manchester. It is a fundamental part of the rule of law that people get equal protection under the law wherever they are, so why are people covered only in those three places?
BBC Newsnight had a feature on the subject last week. There is a huge file of evidence at the clinic in Bournemouth, but the council does not want to act, or shows no sign of acting. It is enormously onerous for councils that do want to push through the legislation, because of the burden of proof and officer time, so with everything else on their plates, it is not a priority for most of them. We are in a bizarre situation where, pending the outcome of a Supreme Court challenge, women seeking abortion in Northern Ireland could soon have greater universal protections from harassment than those in England and Wales.
At the same time, the Bill criminalises a huge range of peaceful non-disruptive behaviour and goes far and beyond what most people would ever deem necessary by supplementing powers that are already there. I give the Minister advance warning that I will be seeking to amend the Bill to protect women from this most distressing and unpleasant form of protest. Canada, Australia and several states of the US already have such legislation; it is not a crazy idea. We need a national approach. People will still be able to protest if they do not like abortion laws in this country, but the appropriate place to do that would be here, rather than around defenceless women in their hour of need. Every woman should have the same protection as people in Ealing.
Dr Huq
No, because other people still want to speak. The so-called hon. Gentleman has eaten up everyone’s time and my hon. Friends will not get in because of him.
Give or take a bit of tinkering with wordings and clauses, this Bill is essentially a regurgitation of the failed Police, Crime, Sentencing and Courts Act 2022. It replicates all the underlying principles and measures that their lordships previously debated and comprehensively rejected. There is no imagination in it to deal with real problems, so for that reason, I and all Opposition Members will vote against the Bill tonight.
Nationality and Borders Bill
Richard Holden ExcerptsTuesday 26th April 2022
(2 years, 7 months ago)
Commons ChamberRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 152-I Marshalled list for Consideration of Commons Reasons - (27 Apr 2022)
Stephen Kinnock
What I would contend—[Interruption.] I am going to tell him. What I would contend is that with the Rwanda plan the wheels are going to fall off the bus very soon, so we will not need to answer that question. It will completely fail. Rather than chasing headlines, the Minister should be doing the nitty-gritty work of negotiating a returns agreement, giving resources to caseworkers and sorting out safe and legal routes. It is about not the razzle-dazzle of Daily Mail headlines but getting the job done.
At Home Office oral questions yesterday, the Minister could not answer a single question that I asked him about the cost of the Rwanda plan. I asked him: how many refugees does he expect to send to Rwanda each year? The Prime Minister says “tens of thousands”; is that correct? What will the cost be per single refugee going to Rwanda? What will the £120 million sweetener being paid by the UK to Rwanda actually be spent on? How many asylum seekers can Rwanda’s detention centres house at any given time? Finally, given that the top civil servant at the Home Office refused to sign off on the Rwanda plan, citing concerns over value for money, when will the Minister publish a full forecast of the costs?
Mr Richard Holden (North West Durham) (Con)
The hon. Gentleman has outlined his opposition to the Government’s proposal, but will he confirm, in answer to the Minister’s question, whether an incoming Labour Government would cancel the plan or go ahead with it?
Stephen Kinnock
We have made it absolutely clear that the plan is going to fail, as the Home Office’s top civil servant said, so the question will not arise. We will not need to deal with it; the wheels will fall off the bus. We certainly would not be spending £120 million on a press release.
The Rwanda offloading plan is not only a grotesquely expensive gimmick that is unlikely to deter people smugglers in the long-term, but deeply un-British. Dumping this challenge on a developing country 4,000 miles away, with a questionable record on human rights, raises serious concerns about whether this legislation complies with the UN refugee convention. That is why we will back Lords amendment 5D.
Another deeply un-British part of the Bill was the idea that the rubber dinghies could be pushed back out to sea. Yesterday, we witnessed the Home Secretary’s latest screeching U-turn—this time reversing a particularly unhinged part of the legislation. The Home Secretary’s pushback policy was almost completely unworkable, as she was told by the Border Force, by the French, by the Ministry of Defence and even by her own lawyers. As we learned from court documents published yesterday, she had actually agreed that pushbacks could not be applied to asylum seekers in the channel, but she tried to keep that secret so that she could keep up the bravado and tough talking. We hope that she will correct the record.
I have already pointed out—
Oral Answers to Questions
Richard Holden Excerpts(2 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Rachel Maclean
Let me be as clear as I can for the whole House. If there is a need for a new offence, we will bring it forward.
Mr Richard Holden (North West Durham) (Con)
I welcome the Government’s broad support for tackling violence against women and girls, including in public, and for banning virginity testing and hymenoplasty in the Health and Care Bill, which is going through the other place. I also welcome their backing for the private Member’s Bill introduced by my hon. Friend the Member for Mid Derbyshire (Mrs Latham)—the Marriage and Civil Partnership (Minimum Age) Bill—to ban child marriage in England and Wales. Our Police, Crime, Sentencing and Courts Bill will look to extend some of those issues, for example by outlawing breastfeeding voyeurism and ensuring that violent offenders spend more time in prison. Does the Minister agree that, by voting against that Bill, the Opposition are failing to send the right message on protecting the victims of crime?
Rachel Maclean
I thank my hon. Friend for highlighting the sheer scope of the work we are doing to tackle these atrocious crimes. Violence against women and girls is appalling, and this Government are focused and united on stamping it out. I would like to see the Opposition voting with us this evening to support the Police, Crime, Sentencing and Courts Bill. Given the very loud comments Opposition Members have made from a sedentary position, I expect to see them in the Lobby with us this evening.
Marriage and Civil Partnership (Minimum Age) Bill
Richard Holden ExcerptsFriday 25th February 2022
(2 years, 9 months ago)
Commons ChamberRead Full debate Marriage and Civil Partnership (Minimum Age) Act 2022 View all Marriage and Civil Partnership (Minimum Age) Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 25 February 2022 - (25 Feb 2022)
Mrs Latham
I am pleased to speak to these amendments, which I am confident will make the Bill clearer and cleaner, and provide more effective, targeted and proportionate safeguarding. Before I come to the details of the amendments, I remind hon. Members of the purpose of clause 2, to which all five amendments relate.
Clause 2 will create a new part of the forced marriage offence within the Anti-social Behaviour, Crime and Policing Act 2014. Currently, it is only an offence to cause a child to marry if violence, threats or another form of coercion are used, or if the child lacks capacity to consent to marry under the Mental Health Capacity Act 2005. It is not an offence to cause a child to marry if coercion is not used and the child is not covered by that Act. As I set out on Second Reading in November, this is a real loophole. To ensure that all children are protected, the Bill needs to ensure that it is always an offence to cause a child under the age of 18 to enter into a marriage, whatever the methods used.
I propose to start by going through the first three broadly technical amendments, beginning with amendment 3. The existing offence of forced marriage contains a subsidiary offence of deceiving someone into going overseas with the aim of forcing them into marriage there. That is an important addition, because such behaviour is far from uncommon. As it stands, the Bill expressly extends that deception offence to encompass the behaviour entailed in the new offence. However, on reflection, Ministers and I feel that it is not necessary. The new offence that we are adding, of causing a child to marry, refers to
“any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday, whether or not the conduct amounts to violence, threats or another form of coercion.”
That would include deceiving a child into going overseas. That means that the provision in the original Bill is unnecessary duplication, and it makes the law less clear than it could and should be. Amendment 3 would remove the express extension of the deception offence to cover the conduct entailed in the new offence of causing a child to marry. I would like to put beyond doubt, on the record, that that new offence does include deceiving a child, be that into going overseas or otherwise.
To reinforce this, amendment 2 adds specific reference to “deception” as one of the types of conduct that it might encompass, as well as specifying that it does not matter whether or not the conduct was carried out in England and Wales. Finally, and purely consequentially, amendment 1 merely moves the new offence of causing a child to marry from before the deception offence to after it, where it more naturally fits.
Amendments 4 and 5 make substantive changes to the nature of the offence, in such a way, I believe, as to improve the Bill. They relate to the jurisdictional scope of the offence—the scenarios that can lead to prosecution, based on where the parties are, where they live, what their nationalities are, and where the marriage is to take place. Currently, the new offence of causing a child to marry essentially inherits the jurisdictional scope of the existing forced marriage offence. It also required a carve-out provision—clause 2(7) of the original Bill—which removed liability where marriages of 16 and 17-year-olds take place in Scotland or Northern Ireland. Hon. Members will be aware that that was necessary because marriage policy is devolved and the age of marriage is different in those countries.
On reflection with Ministers, that presented two problems. First, those wishing to carry out a child marriage in England or Wales would, in many cases, have been able to get around the offence simply by having the marriage take place in Scotland or Northern Ireland—I refer to that as the “Gretna Green” exception. Secondly, the law as drafted would inadvertently include UK nationals resident in Scotland, and Northern Ireland residents who, perfectly legally under their own law and under the law of another country, wished to marry at 16 or 17 in that third country. That could be seen as a lack of respect for the devolution settlement. It is evidently not appropriate for the law to reach that far, but on the other hand, we would like to close the Gretna Green loophole. I am therefore grateful to Ministers for their help and support in reaching a solution that both respects the devolution settlement and removes that dangerous loophole.
Amendment 5, which is the first part of the solution, removes the current exemption in clause 2(7) for marriages of 16 and 17-year-olds taking place in Scotland and Northern Ireland. That will remove the Gretna Green exception. However, the offence would then cover all UK nationals marrying overseas, which could include those living in or domiciled in Scotland or Northern Ireland, where child marriage is—unfortunately—still legal. Amendment 4 will therefore make the jurisdictional provisions more proportionate and targeted while still ensuring maximum safeguarding. That will provide that a person can be prosecuted in one of three situations.
Mr Richard Holden (North West Durham) (Con)
Will my hon. Friend, like me, welcome the fact that Northern Ireland is consulting on raising the minimum age of marriage to 18? Will she join me in expressing a desire that the Scottish Government should reflect on that and do the same?
Mrs Latham
My hon. Friend makes an important point. Northern Ireland is consulting, and I think that Scotland is about to do so. That is so important, because, if they do not change, they will not reflect the sustainable development goals that they have signed up to along with us. If they want to abide by those goals, they will have to move forward on that. I look forward to us being one nation all doing the same thing. I thank him for that point.
The first situation is if a marriage is to take place in England or Wales. It can never be right for us to allow the marriage of a child to happen within our borders. The second situation is if the perpetrator or victim is habitually resident—they ordinarily live—in England and Wales. That will ensure that we protect children who live in this country and that those people who live here obey our rules and norms. The final situation is if the child is a UK national who has been habitually resident in England or Wales and who is neither habitually resident nor domiciled in Scotland or Northern Ireland. Domiciled is a slightly different concept from habitual residence: it means the place that someone regards as their permanent home, even if they are actually living somewhere else. So, all UK nationals who have at some point lived in England or Wales, unless they live in or have their permanent home in Scotland or Northern Ireland, will be covered.
One of the effects of those changes is, as I indicated, to show respect for the devolution settlement in a more effective and meaningful way than the Bill does currently. The offence would no longer encompass situations where a parent arranges for their 16 or 17-year-old UK national child who lives in Scotland or Northern Ireland to marry outside the UK, so it would not stop such Scottish or Northern Irish children from exercising the rights under the laws of those countries.
We did consider removing the UK national criteria of the offence in its entirety, but that would mean that, when it came to marriages happening outside England and Wales, we would have had to rely solely on habitual residence, which is a fluid property that can be lost if a person has sufficiently severed their ties with England and Wales. The Girls Not Brides UK coalition, who are experts in this area, were concerned that that could cause perverse behaviour, namely that parents might keep their children overseas before causing them to marry until such time as they lost their habitual residence and, therefore, the protection of the law.
We have therefore kept the UK national criteria, but only for a child who has been habitually resident in England and Wales at some point in their life, to ensure intervention in matters overseas only if there is a reasonable connection to England and Wales. Out of respect for the devolution settlement, the offence would apply only if the child were not at that time habitually resident or domiciled in Scotland or Northern Ireland.
The amendments will create a more rounded and focused regime. As such, I commend them to the House.
Mrs Latham
I thank my right hon. Friend for that, and he is absolutely right. I know that he, too, has been passionate about raising awareness about this issue. If it were not for his now being Health Secretary, I would not be doing this today, because he had the private Member’s Bill, which I never got, and he generously gave it over to me. He did that because he knew that I had been working with the charities represented in the Public Gallery for many years. So I thank him for the help he has given in my being able to do this.
It is undeniable that changing this law and making it unequivocally clear that it will be illegal to arrange any child marriage, whether for a boy or a girl, in England and Wales, irrespective of alleged consent, coercion or persuasion, is a huge step in the right direction, because many children are brought up to believe that this is the norm, but it is not the norm in this country to be married as a child. This legislation will send a huge message out and that is the purpose of the Bill. Let me briefly mention the effect of each of its key provisions. First, the Bill will remove the exception that currently allows 16 and 17-year-olds to get married and to enter into a civil partnership with parental or judicial consent in England and Wales. People who are too young to consent for themselves are too young to be married. Getting married is a huge decision, no matter at what age someone decides to marry. The existing law has been in place for more than 70 years and reflects social values from a different time, one in which a school leaving age was 14 and the average age for marriage was just 23. Many girls like my mother left school at 14 and went to work. In that context, a marriage at 16 was not unreasonable. Of course, there were many shotgun weddings before the age of 18 where a pregnancy was involved, because in the eyes of many being pregnant without being married was a sin. This was before contraception and life is completely different now.
Now, the Government have legislated to ensure that all children must be in education or training until 18, providing greater opportunities for academic and professional development for all children. Furthermore, the average age for marriage is now over 30. There are substantially fewer than 200 children utilising this exception every year, which is evidence that as a society we are moving away from this practice. So there is a real need to remove that exception. When I have tried to bring this before the House previously, I have been told by previous Ministers, not the excellent Ministers we have in place today, that it was not relevant, because there were so few cases and it did not really matter.
Mr Holden
My hon. Friend says that it is the children using this exemption, but in Committee, where I supported her, she made the point powerfully that it is not children using the exemption, but their family members, who are seeking to pressurise them into marriage. That entirely shows the point of this piece of legislation.
Mrs Latham
My hon. Friend is right: this is about coercion, persuasion and accepting that this is the norm in a family. It is not the norm, and should not be, in this country. If a child is unable to sign that piece of paper to say that they are getting married, they are too young to have somebody else do it for them, and to persuade them and make them get married at that stage. So this Bill is very, very important. The impact on those children who wish to take advantage of the exception will be minimal. They will only have to wait a maximum of two years to marry; if they are 16 and a half, it will be only 18 months. So we are talking about only a very short time, although I do accept that when someone is 16, two years seems a very long time—in reality, as all know in this Chamber, that is not true. The impact on victims of child marriage around the world of England and Wales setting its legal aid of marriage unambiguously at 18 will be enormous.
The second key provision will make it a crime to organise any unregistered marriage involving a child in England and Wales. This is a huge part of the problem we are trying to solve. As I set out on Second Reading, the cases of child marriage in the UK that cause the most concern often do not show up in the statistics. Of the cases involving potential child marriage reported to the Home Office-commissioned national honour- based abuse helpline, delivered by Karma Nirvana—representatives of which are in the Gallery today—in the year to September 2021, only four related to civil marriages. There are almost 20 times as many cases that involve only a religious ceremony—more than 95% of all cases—and those are the people who go to Karma Nirvana for help, so Members can imagine how many do not do that and are persuaded to be married.
We know from the experiences of Payzee—who is also in the Gallery—among many others that the religious ceremony is the most important part of the marriage in the eyes of the family and the community of the child. They do not need the registered part: they are not interested in that. It is the unregistered part that makes the difference for them, and currently, there is no age limit on an unregistered marriage. The only requirement is that it is not forced, and we know that under the current law, proving a forced marriage where it involves children is extremely difficult. The Girls Not Brides UK coalition, which has done so much in the campaign to end child marriage, has been involved in shocking cases where the child being married was under 10 years old.
Therefore, my second key provision updates forced marriage legislation to create a new offence of arranging the marriage of a child. This offence will be triggered by any conduct that causes a child under 18 to enter into such a marriage, whether civil or religious. Crucially, unlike with forced marriage, there is no need to prove coercion or control. This takes the onus away from the child to show that their marriage was forced, and will make prosecutions easier and the deterrent that much stronger. I should make it absolutely clear that this criminal offence is not about criminalising the child. The child is the victim in every single case; the criminals are the adults who organised these marriages.
A key provision that I would like to highlight is the provision of extraterritoriality. The Girls Not Brides UK coalition, as well as the Government’s forced marriage unit, have seen plenty of evidence to suggest that very often children who live in the United Kingdom are being taken abroad, often to a country where extended family live, in order to be married. Sometimes, they are taken abroad for just a few weeks, but sometimes they are taken abroad for many months or years—as in the case of Farhana, who is also in the Gallery today. It is crucial that the offence captures that conduct, because it is just as damaging to the future prospects and life chances of the victims as a marriage that takes place in the United Kingdom. If a child is out of education for months or even years, they will find it much harder to enter the workplace and become economically productive, if they ever do so.
I have been working very hard with the Government since the Committee stage to ensure that the Bill is comprehensive and covers as many situations as possible. My thanks go to the Ministers and the teams of officials who have worked so hard to get it right, resulting in the amendments on Report. I did not want to come back next year or the year after with more amendments; I wanted the Bill to be right from the start, because loopholes need to be closed. Therefore, I am delighted that this Bill will cover not just marriages taking place in England and Wales, but marriages anywhere in the world involving a child or a person who lives in England or Wales, as well as those involving UK national children who have at any point lived in England or Wales. That offers a huge amount of protection to all children growing up in this country, and removes any incentive for parents to leave the UK in order to avoid our marriage law.
Having considered the Bill’s key provisions, I shall briefly reflect on its importance. Primarily, the Bill is important because it will offer protection from marriage to every single child who grows up in England and Wales, forever. At a stroke, it will stop both registered and unregistered marriages under the age of 18 and ensure that this protection cannot be avoided simply by someone temporarily leaving the country. I often talk about safeguarding futures, because that is what we are doing: safeguarding children’s futures so that they can have decent lives.
Child marriage is so harmful to the future prospects of the victims and almost always results in their leaving education, thereby reducing their career prospects and overall life chances. Before I came to this place, my political background was in education, which I firmly believe is the most powerful tool we have to create opportunities for young people. It is an enormous disadvantage if young people are deprived of education—an education that we in this House have determined to provide up until the age of 18—because of child marriage.
It is not an understatement to say that the Bill will protect and affect the lives of literally millions of young boys and girls in this country. It will protect them from child marriage and enable them to have the best chance in life, because they will be able to continue in education until the age of 18. It will also strengthen their ability to say to their parents, “I want to go to university” or get an apprenticeship or a job. It will be much easier, because at 16 a young person is totally dependent on their parents and cannot live independently.
The legislation’s implications will be felt not just in the UK. The UK is committed to achieving the UN’s sustainable development goals, target 5.3 of which is to
“eliminate all harmful practices, such as child, early and forced marriage and female genital mutilations”
before 2030. This applies specifically both to religious and to non-religious child marriages. The UN Committee on the Rights of the Child recommends that there should be no legal way for anyone to marry under the age of 18. The Bill will therefore also help the UK to set an example to the rest of the world by prioritising children’s futures. The UK will finally be in a position to take a lead on child marriage around the world and on championing children’s futures. To be able to persuade other countries of the importance of banning child marriage, we must first ban it ourselves. When we have said to countries, “You need to raise the age of marriage,” they have come back to us and said, “Why should we? You don’t—you allow children to marry.”
I have set out the main provisions of my Bill and the enormous impact it will have on children in this country and around the world. Before I conclude, I wish to make an appeal to the Government. I thank the Minister, my hon. Friend the hon. Member for Corby, and his colleague, my hon. Friend the Member for Redditch, who has also worked closely with us on the Bill, for their patience and shared determination that the Bill should be as comprehensive and effective as possible. I am sure, though, that it will come as no surprise to the Minister that I have three final asks of the Government.
First, I impress on the Minister the importance of the Bill’s swift commencement. Clause 7 confirms that the Bill will come into force on the day appointed by the Secretary of State. However, every day before commencement is another day on which child marriage remains possible in this country. Will the Minister please do everything in his power to arrange for commencement to take place as swiftly as possible? In particular, will the Minister give his view on whether, should the Bill make good progress through the other place and pass into law, a commencement before the summer holidays is possible? So many children are taken abroad in the summer and I fear we will be failing in our duties in this place if we do not offer them the protection this summer that we in this House believe is necessary.
Secondly, as I mentioned at the start of my speech, changing the law is only one part of the solution. Changing attitudes and societal norms is the second stage, and I have already raised that with the Department for Education. Will the Minister please confirm that he will work closely with the Department to ensure that both children and teachers are informed about the change in the law in advance of the summer holidays, so that children who are at risk can be spotted? Not only schools will need updated guidance. Will the Minister also please confirm that updated guidance for the police and for the Crown Prosecution Service will be swiftly produced to help in the investigation and prosecution of crimes under this legislation?
Finally, but no less importantly, I would like to note one final point, which is one I regret. Unfortunately, due to marriage policy being devolved, the protections in this Bill extend only to children in England and Wales, or to children with a specific connection to England and Wales. At the moment, the Scottish Government and the Northern Ireland Executive do not have equivalent legislation, so children there will not be safeguarded. They also prevent the UK from completing its international obligations to end child marriage.
However, there are signs of change. The Northern Ireland Executive have launched a consultation on changing their marriage laws, and I hope that the Scottish Government will do the same. Will the Minister join me in a determined lobbying campaign to ensure that our colleagues in the devolved Administrations do the right thing and ban child marriage in their jurisdictions, too? I would be absolutely delighted if, in two years’ time, we were once again debating child marriage in this House to celebrate Scotland and Northern Ireland implementing similar pieces of legislation, so that all UK children would be covered and we would then be able to take out those provisions in this Bill.
In conclusion, I urge all hon. and right hon. Members to support my Bill. It will safeguard young people by establishing 18 as the legal age of marriage in this country, with no exceptions, giving a clear message to all that child marriage is totally unacceptable. Secondly, it criminalises anyone who causes a child to enter a marriage, offering protection from child marriage to all children growing up in England and Wales—a protection that applies both in this country and around the world.
Finally, the Bill helps the UK on its way to living up to its international obligations by banning child marriage in all its forms, and encourages the Scottish Government and the Northern Ireland Executive to follow suit. The Bill has the potential to impact millions of young people, and to prevent untold numbers entering into miserable child marriages. For the sake of children growing up now and yet to come, I commend the Bill to the House.
Marriage and Civil Partnership (Minimum Age) Bill
Richard Holden Excerpts(2 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mr Holden
I am honoured to be able to speak today and I was delighted to serve on the Committee with my hon. Friend the Member for Mid Derbyshire (Mrs Latham) in the earlier stages of the Bill. It is great to follow my hon. Friends the Members for Ynys Môn (Virginia Crosbie), for Devizes (Danny Kruger) and for Hastings and Rye (Sally-Ann Hart) and others who have made great speeches.
As my hon. Friend the Member for Mid Derbyshire knows, the Bill will have to go through the other place as well, so it is great to see Baroness Sugg in the Gallery, who has been great in supporting me in some of the legislation that I have been pushing for on banning hymenoplasty and virginity testing. I know that my hon. Friend has also been working with Payzee, Karma Nirvana and others who are also in the Gallery, who have been supportive in pushing this legislation forwards and in pushing for rights for women and girls in many other areas.
We need to concentrate on the small number of people who are using the exemption at the moment. They are not the children themselves, but their parents and other adults who are pushing them into it. The hon. Member for Ealing, Southall (Mr Sharma), in his superb speech, mentioned the importance of education and how people should be pursuing objectives in their lives before making big decisions such as marriage. It was a powerful speech and it is great that the Bill has fantastic cross-party support.
I am also delighted that the amendments have been made to the Bill, especially on the issue of deceiving a child, and it is great that progress has been made to tighten up the amendments relating to judicial scope. As my hon. Friend the Member for Mid Derbyshire referred to, the Gretna Green amendment, which relates to domiciliary versus habitual residency, is important and plays into what hon. Members have spoken about relating to Scotland and Northern Ireland. I hope that those devolved nations look at the recommendations of the United Nations Committee on the Rights of the Child and at the superb letter from the Joint Committee on Human Rights by the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who emphasised the points that were made and how they support the actions taken in the Bill.
As hon. Members have mentioned, changing the law is one thing but changing attitudes is another. As with my amendments to the Health and Care Bill about virginity testing and hymenoplasty, I hope making this change to the law will actually drive real cultural changes. We are showing leadership by changing the law in this House, but only by embedding those cultural changes will we see changes not only in this country but across the rest of the world.
This is one of the many measures from Back Benchers that this Government have been supporting. I hope that they will do more on women’s rights, which are often one of those things where battles feel that they may have already been won, but that is definitely not the case. As we have seen with various private Members’ Bills and amendments to other Bills over the past year or two, there is still further to go. I congratulate my hon. Friend the Member for Mid Derbyshire on doing what she has done and thank Members from across the House for their support for her. I hope that we can all continue to push forward on some of these issues, because these battles are still to be won.
Dr Evans
I thank the hon. Gentleman for his kind compliments. I am the tender age of 39, so there is still a bit of time to go there. Time does pass fast for those who need to wait two years, although my wife may have wished the seven years had passed more quickly.
To me, there are three parts to becoming married: the legal aspect; the religious aspect; and the declaration to one’s friends and family. I am not religious, and I had a legal wedding held in a registry office, with a celebration with my friends and family two weeks later. When I went into that legal office, I was struck by the interviews and questions, with me and my partner being separated in order to find out what was going on, how we were stepping into this and what thought process we had gone through. This was done to see whether there was any coercion. That is what brought my attention to this Bill, because it struck me that it is so important to do that. I thought, “If this is happening to adults, what must happen to children at this point?” The fact that the legislation was not there to protect people was a huge concern for me.
So I am so pleased to see this legislation being brought forward, especially with the extension to the age of 18. Other Members have made the point that we are coalescing around the age of 18 for education, tobacco, tattoos, alcohol and indeed voting. So this seems sensible to me, because that is where we are defining the end of childhood and moving on to later life.
Dr Evans
I entirely agree with my hon. Friend on that. There is a debate as to whether joining the armed forces should move from 16 to 18 as well, in order to join it all up, from voting to tobacco, alcohol and gambling. Eighteen seems a sensible place to call it, and the House should be able to agree on that.
When I came to look at the Bill, there were concerns about it: would we just drive the practice further underground? How will it actually be tackled? And how will it be enforced? I am so pleased to hear that the provision is being extended to cover anyone who has ever lived in the UK, because that is really important in order to cut out that loophole. I was also pleased to hear my hon. Friend the Member for Mid Derbyshire so eloquently make the point about the importance of education on this in schools. I would go one step further, because, as a GP, I know it is really important that social services and healthcare workers, who will often see people at their most vulnerable and have the opportunity to pick up on these things, are aware that this is still a problem. We may be talking only about 150 or so cases, but that still means 150 or so lives that could in theory be ruined. Medical professionals and social services should be able to pick up on that and to have the training to be able to do so. There is a concern about whether this is a chicken and egg situation, but we have to start somewhere. I am pleased that the legislation will lead into changing the culture that my hon. Friend the Member for North West Durham (Mr Holden) has so honestly talked about.
Having a Minister sat in front of me when it comes to talking about the issue of marriage, it would be remiss of me not to lead on to a couple of further points. Here I wish to draw some parallel with what was said by my hon. Friend the Member for Devizes (Danny Kruger), who talked about the institution of marriage. I entirely agree with him that we should be encouraging more people to get married.
The pandemic put a spotlight on marriage and the way in which we do it—how we relaxed the legislation on where it can happen and what it can look like. That is a really important thing, because the culture around marriage is changing, as we have heard in this debate. Going forward, there is an argument for recognising humanist marriages in our current culture, and I was very grateful that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Corby (Tom Pursglove), replied to a letter I wrote about humanist marriages, to say:
“As I expressed during the recent Westminster Hall debate on humanist marriage in England and Wales, marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully.
The Government remains committed to considering the case for more comprehensive and enduring reform to marriage law once the Law Commission has completed its fundamental review of the law in this area. The Law Commission will present options for reforms to modernise marriage law, including how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme that is simple, fair and consistent for all groups. The Government will carefully consider the Law Commission’s recommendations when the final report is published.”
I wholeheartedly agree with that statement, because there is an opportunity here to address some of the religious and cultural aspects of marriage as one of those three pillars that I mentioned. To me, the fundamental part was the declaration in front of my friends and family. That may well be a religious aspect for other people, but we have a chance to create a framework that incorporates all the good work of my hon. Friend the Member for Mid Derbyshire into a wider set of legislation. I hope the Government are listening, because there is a real opportunity to give people the opportunity to enter into marriage and provide that stability for their family, their children, and of course their community. I wholeheartedly support the Bill.
Tom Pursglove
The hon. Gentleman is one of the most decent and incredibly kind Members of this House. I have to say, however, that I do not think that that is a decision I will have to make, as it is highly likely that the Bill will regularly be referred to as the Pauline Latham Bill and rightly so. All of us in this House are incredibly proud of her for the work she has done in advancing this cause. I think that decision may be taken out of our hands, because that will just be the term by which the legislation will be referred to. We are grateful to her—we really are.
I can confirm that the multi-agency guidance which the Home Office produces on forced marriage will be updated to take account of the changes to the law. That contains chapters for different professions, including the police, teachers and social workers, and we will update all of them to reflect the amendments in the law. I am sure that, as they always do, the College of Policing will update operational guidance for the police in line with the changes to our guidance. While it is not for me to promise changes to the CPS guidance, as the CPS is independent, it will always make necessary changes to its guidance to reflect changes in the law, and I see no reason why it would not do so in this case, too. By way of trying to be constructive, I will undertake to ensure awareness among my ministerial colleagues in different parts of Government, so that the conversations they have with those various agencies in the months ahead touch on this issue, and underline the importance we place on it and the need to get these things right.
Mr Holden
One issue we are trying to address today is the cultural issue. Will the Minister commit to at least examining having a proper awareness campaign when the law changes, with a good round of media interviews from Ministers, and reaching out into communities where we know this issue is more prevalent than in others? It is important that we ram home the message from this united House not just that there is a change in the law, but that we are trying to drive a broader cultural change in society.
Tom Pursglove
Having been his Whip, I know my hon. Friend is always brimming with ideas about initiatives that the Government can take forward. He makes a rather good suggestion and it is certainly something I am mindful of and want to take away and consider. Throughout the passage of the Bill, we have heard extremely difficult testimony from individuals who have suffered the pain and trauma of these sorts of marriages. They have talked bravely about the impact that that has had on them, their families and their lives. It is important that we help them to share their stories in a way that they are comfortable with, to ensure that we drive awareness of these changes. I am always keen to do media interviews about positive announcements, as he will appreciate, but often hearing directly from survivors of this sort of unacceptable abuse is the most powerful testimony and will be inspirational in generating that greater awareness, ensuring that people know exactly the signs to spot and articulating the measures that we are taking to clamp down on this.
On the Scotland and Northern Ireland plea, I must respect that the devolved Administrations are independent. Indeed, we have taken great care to respect the devolution settlement, hence the amendments made today, ensuring that the law covers only those situations where there is a clear link to England and Wales. We in England and Wales are levelling up, tackling the awful practice of child marriage. I have put on the record in the House, and will repeat now, my wholehearted hope that Scotland and Northern Ireland will follow our lead. Colleagues in Edinburgh and Belfast cannot fail to have heard the unanimous backing for these vital measures in the House. We have all committed to eliminating child marriage by 2030 under the UN sustainable development goals. Setting a strong example at home will also help to tackle the issue globally. Leadership by example is crucial in that regard.
I have no doubt that the passionate campaign that we have seen in Westminster will now focus its energies on Edinburgh and Belfast with great vigour. I hope that Scottish and Northern Irish colleagues in this House, from all parties, will want to take this forward and champion the agenda in the devolved areas. That is important advocacy. They ought to consider taking up that baton to help the campaign in any way they can.
In closing, I reiterate my thanks to my hon. Friend the Member for Mid Derbyshire for introducing this important Bill. I also reiterate, wholeheartedly, the Government’s support for it. It is an enormous privilege to be the victims Minister. One reason for that is that I come across exceptional people who have been through so much and show great courage, despite the trauma, distress, sadness, hurt and upset that they feel. Often, they put others first to ensure that the harm, suffering and distress that they feel does not happen to others. A remarkable group of people have been involved in this work and I wish briefly to pay tribute to and thank them. Naomi, Natasha, Farhana, Sara, Payzee, Charlotte, Lubna and Nana—thank you for the work you have done on this issue. Your advocacy has been extraordinary. I have no doubt that the work that you have done, the courage that you have shown and the effort that you have put in will change the lives of thousands of young people in our country for the better.
I am delighted that we are joined in the House today by the Lathams. I thank Derek, Tracey, Poppy and Harry for your superb support for wife, for mum, for grandma who has done something very special. We are hugely grateful to her and incredibly proud of her, and I know that you will be as well. We just all join in that tribute.
This may not be a long Bill, but the impact is far-reaching, and many lives will be changed for the better because of it. On what is a dark day in our world, this is a chink of light and one that all of us in this House and across the country can welcome. With that, I thank my officials for the work that they have done to bring this forward: the Bill manager, Alice Harrison; Andrew Lewis; Rachel Stark; Nichola Henderson; and Joanna Norris as well as those in my private office, particularly Thomas McDonald, and Minister Maclean’s private office as well. Everybody who has been involved in the Bill can be incredibly proud of it. I wish it a speedy passage through the House of Lords and I commend it to the House.
Registers of Births and Deaths Bill
Richard Holden ExcerptsFriday 26th November 2021
(3 years ago)
Commons ChamberRead Full debate Registers of Births and Deaths Bill 2021-22 View all Registers of Births and Deaths Bill 2021-22 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Saqib Bhatti (Meriden) (Con)
I beg to move, That the Bill be now read a Second time.
Every day that I am a parliamentarian is a day of great pride and privilege, but that is particularly the case today. I pay tribute to the hon. Members who have already introduced Bills, which were equally important. In particular, I pay tribute to my right hon. Friend the Member for North Somerset (Dr Fox) for his Down Syndrome Bill, which shows what can be achieved when we have cross-party support but also passionate Members of Parliament trying to achieve something good. I pay tribute to the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) for two reasons: she introduced an important Bill, but she also ensured that my Bill is not the most technical Bill presented to the House today.
It is a great privilege to speak to this Bill, because I believe it will make a tangible difference to the way we deal with two absolutes in life—births and deaths. The Bill is about modernising the administration of those essential moments in life, by making them more efficient and easier to manage for local authorities and for the public at large, while making cost savings in the process. The Bill reforms the way in which births and deaths are registered in England and Wales, paving the way for a move away from a paper-based system of registration to an electronic system.
Eagle-eyed Members, of whom there are many, will note that this is not the first time that the Bill has been presented to the House. My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) promoted the Bill in the last Session, and I thank him for his tireless work on this matter. I also thank the Minister for meeting me in the lead-up to the debate and for committing himself to modernising our registration systems so that they are fit for purpose in the 21st century. I am particularly grateful to his team for their support—namely Linda Edwards, who has been extremely helpful in drafting and addressing the issues present in the Bill. It would be remiss of me not to thank my own team—namely Ali Fazel and Ben Rayment—for their support in bringing the Bill to the House.
As in so many cases, covid-19 has had a significant impact on the delivery of registration services across England and Wales, and it has highlighted the need to offer more flexibility in how births and deaths are registered. I believe that the Bill goes a long way in improving the way we process both those pivotal moments in our lives.
Just a few months ago, I became a new father. The birth of my son was one of the happiest, most joyous experiences of my life. When it came to the registration, my wife and I decided to go together with the baby to the registration office. As I am sure Members are fully aware, childbirth and those early weeks are an exhausting experience, and the 20-mile round trip with the baby, when he started crying, felt more like 200 miles. Despite the excellent and kind staff at the registration office, I found the whole process cumbersome. On the way back, I found myself asking one question: surely there is a better way to do things? Of course, I was thinking of the registration process, not parenthood. That question is why I stand in the Chamber today.
For the purpose of clarity, I will run through the existing system and then the changes that the Bill would introduce. Currently, an appropriate informant is required to register all births and deaths that occur in England and Wales with the registrar for the sub-district in which the birth or death occurs. In the case of the birth, the appropriate informant can be the mother of the child or the father—as I recently found on my journey to the registrar’s office.
When they register a birth or death, the registrar will record all the information on an electronic system. Once the registration is complete, the system will generate a paper register page, which is required to be signed by the registrar and by the informant in the presence of the registrar. That paper record is then put into a register that the registrar keeps in a safe, and it is the formal record of the event from which all certificates are then issued.
Mr Richard Holden (North West Durham) (Con)
Many parents love the birth certificate they get for their child. Will my hon. Friend reassure me by clarifying that he proposes to do away with not that but just the duplication of the record?
Saqib Bhatti
My hon. Friend makes an important point. I can confirm that those certificates—of which I have three, by the way—will not be changed. They are an important thing that parents or, indeed, any informant, whether for a birth or death, treasure and keep safe. The Bill deals only with the administration and the process behind it.
The information is currently held in two places: in the electronic system and in paper form. In other words, as my hon. Friend just reiterated, two systems are running in parallel and creating unnecessary duplication. The changes proposed in clause 1 would remove that duplication of processes by amending the Births and Deaths Registration Act 1953—which implemented a system that had been in place since 1836—to remove the requirement for paper birth and death registers. Under my Bill, registrars would continue, as now, to register all births and deaths in the electronic register, which is a much more efficient and secure system for maintaining records of births and deaths. The electronic system is already in place, has been running in parallel since 2009 and is used on a daily basis. It is important to note, then, that we are not building new infrastructure but simply streamlining what we currently have.
I am sure that Members from all parties, but especially my fiscally-conservative colleagues on the Government Benches, will be pleased to hear that the removal of the need for paper registers and the ending of the requirement to make quarterly returns, to which I shall come in a moment, will save the taxpayer £20 million over the next 10 years. That figure is conservative, though, and the estimated savings to the taxpayer as a result of all the Bill’s measures amount to £170 million.
I have already spoken of the impact of covid-19 on births and deaths registration services. The Coronavirus Act 2020 allowed for an easing of the restrictions on the deaths registration process imposed by existing legislation, enabling the registering of deaths by telephone; however, the Act’s life is time-limited by a sunset clause that takes effect in March 2022. The industry hugely welcomed the remote registration of deaths. In the lead-up to this debate, I met the National Association of Funeral Directors in the Borough of Solihull, just outside the border of my constituency. The association informed me of the efficiency and ease of the registration of deaths via phone. The process was highly successful and showed that it could be done, and done well.
Mr Holden
It is interesting that my hon. Friend mentioned the financial savings for the taxpayer and the new system of registration by phone or electronically. Are there also environmental benefits from not printing on tens of thousands of pieces of paper every year? Has my hon. Friend made any assessment of that, or might we consider it at a later stage?
Saqib Bhatti
My hon. Friend makes a good point and I would certainly welcome our looking into that at a later stage. It makes sense that the Bill could bring some environmental benefits.
English Channel Small Boats Incident
Richard Holden Excerpts(3 years ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Priti Patel
I would like to put on record my thanks to the London Borough of Hillingdon and to many other local authorities across the country, although they are predominantly in London. London is feeling the pressure in terms of accommodation, hotels and housing. My hon. Friend is right in his suggestions for solutions and working together. This is exactly why we are looking to reform the system through the Nationality and Borders Bill. We have to have that differentiation.
Mr Richard Holden (North West Durham) (Con)
Lives are tragically being lost in the channel, and the British people want the gangs to be smashed, the crossings to be stopped and people to be processed in the nearest country. Again and again, the Opposition have voted against our measures in the Nationality and Borders Bill to cut down on human trafficking via small boats, and the shadow Home Secretary has called our proposals “unconscionable”. In my area, the local Labour party and the Lib Dems—none of whom I see here today—are even campaigning against an immigration removal centre for foreign criminals and failed asylum seekers. Does the Home Secretary agree that Labour’s failure to support the necessary legislation shows that, when the chips are down, they are not only failing to understand the views of the British people but, tragically, failing to protect those being exploited by criminal gangs whose callous and criminal behaviour means that people are being left to die in the channel?
Priti Patel
My hon. Friend makes some important points. We have removal centres for very good and strong reasons. They are for people with no legal right to remain in our country, and we have to put them in the removal centres as part of the process to move them on. The fundamental point here is the reforms that we are trying to bring in, which are being thwarted by the Opposition. By preventing these changes and reforms, they are playing into the hands of the people smugglers and those who are being put into the hands of the traffickers.