Police, Crime, Sentencing and Court Bill

Robert Goodwill Excerpts

Report stage
Monday 5th July 2021 Commons Chamber

[Mr Speaker]

I remind hon. Members that, if we do put a speaking limit on, it will be on the countdown clock, which will be visible on the screen. I am now going to appeal to everybody, without the time limit on, to please not force it. Let us be kind to each other—short and brief. Everybody, I believe, has a genuine contribution to make, so I really want to hear them.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Thank you very much, Mr Speaker. I will try to lead by example in that regard.

Part 1 of the Bill increases the penalty for assault on an emergency worker from 12 months to two years. Many other key workers are on the frontline, too. Indeed, shopworkers have borne the brunt of much of the abuse about mask wearing and social distancing in stores, on top of the existing problems associated with age verification for the purpose of alcoholic drinks purchases, drunken abusive behaviour, and of course shoplifting. Late-night shops are often run single-handedly, so the distress and trauma associated with assaults or threatening behaviour should not be underestimated. I am due to meet shortly with in-store workers from my local Tesco to see at first hand how this problem has affected staff in that setting. I hope the Minister can reassure me—either now or when she sums up at the end—that she is aware of the issue’s importance and that amendments may not be necessary to deliver the action we all believe is needed.

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I thank my right hon. Friend for his scrutiny and service not just on Report but in Committee. I can reassure him; I know how strongly he and other Members across the House, including my hon. Friend the Member for Stockton South (Matt Vickers), feel about the matter. I reassure the House that we are not complacent about ensuring that the criminal law is fit for purpose. We are actively considering an amendment in the Lords if appropriate.

[Mr Goodwill]

I thank the Minister for that reassurance. The other two items I want to discuss were underlined by the points made by the right hon. and learned Member for Camberwell and Peckham (Ms Harman) about lining up with wokeism rather than with the hard-working people who find their lives disrupted in the workplace, when travelling to work or, indeed, in their communities. I commend the Government for the public order measures in part 3 and despair at amendments 1 to 7 tabled by several Lib Dem and Labour colleagues, which would completely remove that aspect of the Bill.

It is of course, a basic human right to be allowed to demonstrate one’s strongly held feelings. Indeed, I have been on demonstrations myself. I went on the countryside march, and I marched at the head of an opposition demonstration in Minsk, which had a slightly less jolly atmosphere. However, the Government must take action to prevent deliberate acts of vandalism or obstruction such as those associated with Extinction Rebellion and, I am sorry to say, Black Lives Matter. Yes, people have the right to demonstrate, but not in a way that prevents people from going about their lawful business: travelling to work, being taken to hospital by ambulance or, indeed, Members of Parliament being able to access this building to exercise our democratic mandate.

I am particularly pleased that we are taking action on single-personal protests. Over the spring bank holiday in May, local Labour councillor Theresa Norton sat in the middle of the street in the middle of Scarborough on the first weekend on which many of our hard-pressed tourism businesses were keen to make up some of the money they had lost during the pandemic. She caused a massive traffic jam, supposedly demonstrating in the cause of Extinction Rebellion. That sort of behaviour should not be allowed because it disrupts people’s lives and, I believe, actually antagonises people against such issues.

Finally, I am disappointed that the Labour and SNP Front-Bench teams are so out of touch with the genuine distress and disruption caused by illegal Traveller encampments. They seem to have some kind of rose-tinted view of traditional Romany lifestyles, but that is not the reality on the ground and the Government are right to take action. Communities have asked us to take action, and there is a clear choice to be made between supporting those communities or supporting people who lawlessly occupy land and cause havoc and destruction.

[Sarah Jones (Croydon Central) (Lab)]

This Bill contains some of the most controversial restrictions of our rights for many years. It is very long, and we have only a few hours to debate it, so I agree with the hon. Member for Shipley (Philip Davies) that we should have had more time. During the pandemic, we have seen more than 400 regulations passed through statutory instruments with little or no scrutiny—necessary, but unprecedented. Now is the time to be reclaiming our rights, not restricting them further. This Bill will do little to tackle the real problems that British people face. It will not protect vulnerable children who are victims of criminal exploitation. It will not take dangerous weapons off our streets. It will not protect rape victims. It does nothing to tackle violence against women and girls.

Turning to part 1, we are pleased that, after almost three years of campaigning from the Police Federation, the Government have finally introduced the police covenant. I am reassured that the Government agreed with my amendment to include the whole policing family in the covenant, but why did the Government not accept amendments from my hon. Friend the Member for Rotherham (Sarah Champion) to support mental health when we know that suicide levels are increasing and that one in five officers has PTSD. Why did they not accept our simple suggestions for some independence and scrutiny to be included in the process? As currently drafted, the covenant could be little more than warm words—a wasted opportunity to stand with our police officers after all they have done for us.

Clause 2 relates to assaults against emergency workers. My hon. Friends the Members for Halifax (Holly Lynch) and for Rhondda (Chris Bryant) have campaigned for years to introduce a separate offence, with longer sentencing, for assaulting an emergency worker. Following years of increasing assaults against our most valued public servants, we are pleased that the Government have finally listened to the call, but why on earth will they not now commit to extending similar protections to the key workers who have done for so much for us, such as shop workers?

On Friday, I visited a Co-op in Croydon, where I heard about the violence and abuse that shop workers suffer and that, sadly, they feel has become part of the job. I met a man in his 70s in New Addington who runs a pet shop and was punched in the face by a customer. Of our 3 million retail workers, 300,000 were assaulted last year, yet only 6% of incidents led to prosecution. Abuse must not be part of the job.

The public agree with us: a survey published on Saturday shows that 89% back the new law. Industry agrees with us: the Co-op, the Union of Shop, Distributive and Allied Workers and the British Retail Consortium have been campaigning on the issue for years. Yesterday, leaders of 100 brands, including Tesco, Sainsbury’s, IKEA and Aldi, all published an open letter calling for greater protection for retail workers. MPs agree with us: the Select Committee on Home Affairs published a report last week, and the hon. Member for Stockton South (Matt Vickers) has corralled a very impressive number of Conservative MPs to support his new clause 90 on the same issue.

Tonight, the Government have a choice: do the right thing and back our retail and public service workers, or ignore the wishes of the public and give us another excuse. I hear the Minister saying that she is actively considering it, but she could commit to it tonight and give retail workers and our public servants the protections that they deserve.

Chapter 1 of part 2 introduces a duty to tackle and prevent serious violence. I have campaigned for years for the Government to tackle the growing epidemic of violent crime. Yesterday, I was at a vigil for a boy, just turned 16, who was brutally murdered in my constituency last week, in his own home, in front of his mother. Nothing is more important than keeping our children safe.

We have called for an evidence-based approach to tackling violence, and we support the intention of the serious violence duty to get every agency locally working together to tackle violence, but we have serious concerns on three fronts. First, there is no provision in the Bill to safeguard children and the Government have rejected calls for a new definition of child criminal exploitation. Secondly, we are very concerned about the data capture elements of chapter 1; the duty risks becoming an intelligence-gathering exercise with potentially ominous consequences. Thirdly, it must be made clear in the Bill that violence against women and girls counts as serious violence—it should not be an added extra. We want the serious violence duty to work, but we fear that, as currently drafted, it will not. I ask the Government to consider our amendments to protect children, to protect data and to protect women and girls.

Chapter 3 of part 2 relates to data extraction. We are asking the Government to protect victims, particularly victims of rape and sexual abuse, from painful and often necessary intrusion into their lives by the mining of their phone data. When we raised concerns in Committee, the Minister said:

“I…urge caution until the rape review is published, because there may be answers in that document.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 27 May 2021; c. 286.]

With respect to the Minister, the rape review has been published and its recommendations do not address the problems that we defined. One in five rape victims withdrew their complaints, at least in part because of disclosure and privacy concerns. The Secretary of State for Justice has apologised for failing rape victims, yet he is bringing forward legislation that would legitimise over-intrusion. The Government did not support our amendments in Committee to protect victims, but tonight they have a chance to think again.

Part 3 relates to public order. Over the past year, the police have had to enforce necessary but draconian covid regulations after little scrutiny and short notice. I have heard many times from the police that they have struggled to be the ones interpreting the law without the leadership from the Government that they needed. It is our job to define the law in a clear way so that the police are not the ones getting the blame for our lawmaking. That must be a firm lesson for us.

The public order powers in part 3 threaten the fundamental balance between the police and the people. Her Majesty’s inspectorate of constabulary and fire and rescue services called for a “modest reset” of the scales on public order legislation in its recent report. On any measure, a “modest reset” is not what this is. The new measures in the Bill target protesters for being too noisy and causing “serious unease” or “serious annoyance”. The vague terminology creates a very low threshold for police-imposed conditions and essentially rules out entirely—potentially—peaceful protest.

[Mr Goodwill]

Does the hon. Lady agree that when she talks about “the people”, that would include the people whose lives are disrupted, who cannot get to work, who experience all the points that I made in my remarks? They are the people as well and they want to get on with their lives.

[Sarah Jones]

I wonder where that stops and at what point we accept the right balance between the right to protest peacefully and the right of people to go about their business. The inspectorate called for a moderate reset and that is not what this is.

--- Later in debate ---

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Does my hon. Friend agree that many abortion clinics are co-located with general hospitals, which could curtail the rights of trade unionists and health workers to demonstrate outside their own hospital?

[Sally-Ann Hart]

I acknowledge that that is the case. If we cannot have demonstrations, that sets a dangerous precedent, and I urge hon. Members to reject the new clause. Current laws provide wide-ranging powers for authorities to keep public order and protect women and the public from genuine harassment and intimidation. An extensive review undertaken by the Home Office in 2018 concluded that

“legislation already exists to restrict protest activities that cause harm to others.”

Most notably, under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, public space protection orders can be used. The UK’s first buffer zone around an abortion clinic was established in 2018 by Ealing Council, in the constituency of the hon. Member for Ealing Central and Acton, using a public space protection order. It prevents protesters from gathering up to 100 metres from the clinic. Other local authority areas have brought in similar public space protection orders. In summary, I urge Members of the House to reject the new clause.