Serious Violence

Rosie Winterton Excerpts

Monday 18th February 2019 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. There is, as colleagues will see, quite a short time for the debate, but if everybody could stick to about six minutes, that would be helpful in getting everybody in.

Antisocial Behaviour

Rosie Winterton Excerpts

Thursday 7th February 2019 Commons Chamber

[Diana Johnson]

I thank the Minister for her kind words about the ongoing Libby Squire investigation. I am pleased that we had the opportunity to have this debate this afternoon and I thank all Members who took part. It was particularly interesting to hear what my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) said about parts of the debate leading to a sense of déjà vu and that we were talking about reinventing the wheel. It is clear that mistakes have been made, particularly around police cuts since 2010. The thin blue line now really is too thin.

No one can seriously say that the fact that Labour increased police numbers when in government, meaning we had neighbourhood policing, more officers on the beat and PCSOs, was the reason we had a banking crisis and the sub-prime mortgage crisis in the USA. So to try to argue that that had to be dealt with by an incoming coalition Government is, frankly, tripe.

I remember Her Majesty’s inspectorate of constabulary saying in 2010 that police budgets could be cut by up to 12% without affecting the frontline, but we have reached a point at which over 30% of police budgets are being cut. Choices made by the coalition Government and then successive Conservative Governments gave tax cuts to the rich and did not protect policing. Combine all that with cuts to local authorities, and it should come as no surprise to anyone that we are seeing such levels of antisocial behaviour today.

I ask the Minister to reconsider the legislative change that came in after 2010 that removed the victims of antisocial behaviour away from the centre, seemingly giving more rights to the youths who were not behaving well and engaging in criminal activity. We need to review that. The victim must be at the heart of antisocial behaviour legislation and protections.

Question put and agreed to.

Resolved,

That this House has considered antisocial behaviour.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I remind the House that the motion on beer taxation and pubs will not be moved.

Police Grant Report

Rosie Winterton Excerpts

Tuesday 5th February 2019 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We obviously have to get all our colleagues in before the wind-ups start, so after the next speaker, I shall reduce the time limit to five minutes.

--- Later in debate ---

[Mr Kevan Jones]

On a point of order, Madam Deputy Speaker. We have had a good debate, but it was undersubscribed on the Conservative Benches. Is it in order for the hon. Member for Chelmsford (Vicky Ford), who stormed off early in the debate when her intervention was not taken and has not been present, to use an intervention to make a mini speech?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Nothing disorderly has occurred. The right hon. Gentleman has put on the record his concerns about people not being present for the debate and then intervening.

[Mr Hurd]

Divisions do exist. Labour is desperate to assert its narrative that cuts have consequences. On this side of the House, we know that the cuts were the consequence of a Labour Government yet again running out of public money so that tough decisions had to be taken. There is an artificial debate about the balance between the contribution from central and local taxpayers. If we want more money in policing, we have to pay, and the hypocrisy of this—from a Labour party that doubled council tax when it was in power—is overwhelming.

The common ground is that Members on both sides of the House recognise the increased pressure on the police and want to provide additional support to them. That is exactly what the settlement does.

--- Later in debate ---

[Mr Kevan Jones]

On a point of order, Madam Deputy Speaker—

[Madam Deputy Speaker]

It had better be good. It is not fair not to let the Minister respond.

[Mr Jones]

It is good. We have another example of a Member who has not been present for the debate. He is being lazy and could not be bothered to turn up—

[Madam Deputy Speaker]

Sit down. Nothing disorderly has happened and the Minister has the right to respond.

[Mr Hurd]

This settlement demonstrates our recognition that our police system needs additional support. We have one of the best police systems in the world and we are determined to keep it that way. The settlement provides the opportunity to increase public investment by almost £1 billion. It allows PCCs to manage the cost pressures on them, which are real, and to recruit local police officers to bear down on local crime. It also provides additional money for national priorities, such as counter-terrorism and serious organised crime, which costs this country £37 billion a year and on which the Labour party is absolutely silent.

The settlement is another stepping stone—I have been candid on this—on the journey towards the comprehensive spending review and the opportunity to structure long-term funding for the police and to address the issue of fair funding, which exercises minds across the House. The Home Secretary has made it clear that police funding is his priority. We all want to register our thanks to the police, but they need more than that—they need our support. That is exactly what the settlement provides. I commend it to the House.

Question put.

The House proceeded to a Division.

[Madam Deputy Speaker]

I remind the House that this motion is subject to double-majority voting: of the whole House and of Members representing constituencies in England and Wales.

Crime (Overseas Production Orders) Bill [Lords]

Rosie Winterton Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 30th January 2019 Commons Chamber

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

On a point of order, Madam Deputy Speaker. It came to my attention earlier on that the Secretary of State for Scotland is visiting my constituency tomorrow. I first became aware of the visit via lines in the local press about an announcement of funding for the Ayrshire growth deal. I have since received a ministerial notification, but it contains no details whatsoever. The information even has the wrong name for the venue—imagine that. My office has since asked the Scotland Office for more information, and we are still being told that it is just a simple visit to a local college, but that is completely contrary to the details in the press.

Of course, I welcome the potential announcement of £100 million for the Ayrshire growth deal. It has cross-party support, and everybody has worked hard to get it over the finishing line. However, it would be more appropriate to maintain such cross-party co-operation and, at the very least, to show due respect to me as the constituency MP by sharing the information that the Scotland Office has shared with the press. I am looking to you for guidance on the matter, Madam Deputy Speaker.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for his point of order and for giving me prior notice of it. I understand that he has also informed the Secretary of State for Scotland that he would be making it. I appreciate the hon. Gentleman’s annoyance at not being properly informed regarding the details of the visit, because that is what is expected. However, having raised the matter, I hope that he will get further clarification. I am sure that those on the Treasury Bench have noted what he said and will ensure that the proper information is sent to him.

Third Reading

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Rosie Winterton Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Angus Brendan MacNeil]

My goodness, we have breaking news in the Chamber: “Wait and see.”

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Gentleman knows that he addresses his remarks through the Chair, not directly to the Front Bench.

[Anna Soubry]

I am not going to reply to the hon. Gentleman’s intervention because there is nothing for me to reply to, but I am sure we will all be enlightened later.

This is a very serious matter. I object to this Bill, and I will not be voting for it. First, I happen to believe in the free movement of people, and I have yet to hear anybody advance a single argument why the free movement of people has been anything other than good for this country—not one solid argument advanced. Secondly, the Bill does not provide the surety to EU citizens already living in this country that it should. Thirdly—many would say that this is the most important point and main failing of the Bill—it contains Henry VIII powers giving unbelievable, and simply unacceptable, powers and measures to Ministers.

I want to nail a few lies, not told in this place but put about in common parlance. We are told that in June 2016 the will of the people was to reject the free movement of people. My hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) nods, but that is not true. Of those people eligible to vote, 37% voted for us to leave the European Union. Even with my poor maths, I can see that 63% of the people of this country—in other words, the will of the people—was actually for us not to leave the European Union and not for us to abandon free movement. Those are the facts. That is the will of the people—the 63% who we never hear about. Ever since that referendum, we have had put about almost a tyranny of mistruths and myths. It is a shame on every politician that nobody has ever really stood up and spoken the truth of this matter. The majority of people in this country did not vote to leave the European Union, and they did not vote to end free movement. In any event, although 52% of those eligible to vote did vote for us to leave the European Union, one cannot extrapolate from that, on the basis of no evidence at all, that immigration was the overriding feature that led them to do so. In my constituency—the vote that was recorded was actually for the borough, which is larger than the constituency—we reckon that about 52% of those who voted did vote for us to leave.

Certainly in Broxtowe, and I think across the rest of the country, people voted for a variety of reasons. It is true that immigration played an important part. I think that one of the darkest moments in this nation’s history was when Nigel Farage stood up in front of a poster that showed a long line of people who had certain features in common. First, they were mainly men. Secondly, they were fleeing war, rape and terror, seeking refuge in a safe place. Oh yes, they all had brown faces as well, quite remarkably. The other feature of that long line of people, who had the headline above them, “Breaking point”—we all know what the dog whistle was in that headline—was that it had absolutely nothing to do with our membership of the European Union, if for no other reason than that we are of course not a member of Schengen.

Make no mistake about it: fears were undoubtedly fuelled and prejudices were undoubtedly preyed on by the leave campaign wrongly to make a phoney case to the people of this country that somehow by our leaving the European Union there would be a dramatic decrease in the number of migrants in our country. It was a great lie; a great con. The overwhelming majority of people who come to this country come here to work—they are givers, not takers. Therefore, if we want to reduce immigration, there is a very good way to do it—we trash the economy. We make sure that there are fewer jobs for these people to come to our country to fill. [Interruption.] Ah, Brexit, of course: whichever way we cut it, it will mean that our economic prosperity and the number of jobs available will be reduced. Perhaps that is actually the cunning plan.

I get irate with and frankly appalled by Conservative Members who should know better, because the truth and reality is, as I say, that people come here to work. What are hon. Members actually saying when they say, “Reduce the number of migrants.”? Send them home: is that what they are saying? No, of course not, because we need these people to work, not just in the fields of Lincolnshire, in our care homes or in our NHS, but throughout every stratum of industry in every piece of our economy. We need these people. As the hon. Member for Brighton, Pavilion (Caroline Lucas) reminded us, this is a two-way process, because people in our country—my children and the grandchildren I hope to have—benefit, or would have benefited, from the free movement of people, but our country has benefited from immigration for centuries. I am saddened to the bottom of my boots that for so long we have never made the positive case for immigration in our country. Not surprisingly, we have found ourselves in the situation that we are in, where mythology, rhetoric, misinformation and downright lies have been spread by all manner of people to support their own ideological, short-term vision, with absolutely no foundation and at a real cost for our country and its future.

I am appalled and ashamed when I meet people with brown skins who were born and bred in this country—probably some of them more British than I am, because my great-grandfather was an immigrant—and who tell me that since the referendum they have been pointed at by people and asked, “Why haven’t you gone home?” I met one such constituent only the other week, who, when someone said that, turned round and said, “Well, actually I am on my way home, to Nuthall,” which is a place in my constituency. How many of us have heard from friends, from our constituents or from people we just come across with Polish or Slovakian accents who have been asked, “Why are you still here?” or have been spat at on public transport? This is not a country that I recognise. This is not a country that I feel proud to be a member of. I take the view that this is not our country. I also take the view that the majority of people in this country are good and they are tolerant, but too many of them have been told these lies.

It is now absolutely up to each and every one of us to stand up and make the case for immigration and to tell the truth about immigration. As I say, it is not just about the huge positive benefits for our economy—I think the last Treasury analysis showed something in the region of £4 billion extra going into the Treasury coffers—but it is for the culture of this country as well.

It is funny when people talk to their MP about immigration and say, “We’ve got too many of these immigrants,” and we say, “Do you mean the people running the Chinese takeaway, who have been here for decades?” and they say, “Oh no, not them.” We say, “Well, what about the people of Asian origin who are running the corner shop?” and they say, “Oh no, not them”. When we have that discussion and debate with them, we can make the case, because we are inherently a good and tolerant people.

As we have seen in many parts of our country, in any circumstances where there is a sudden influx of people—I am not being rude or disparaging about students—whether it is students or migrant workers, if we do not get the resources right, there will be people who are somewhat pickled off. But that is not a problem of immigration; it is a failure of this place and of local authorities, because it is a failure of resources. Most importantly, it is a failure of people to stand up to dog-whistle politics. I say to my party: if we pass measures like this Bill, the people of this country in time will not forgive us, because this party will become totally unelectable—and rightly so.

--- Later in debate ---

[Alex Burghart (Brentwood and Ongar) (Con)]

I beg Members’ indulgence for a few moments as I bring some sad news to the Chamber. A former Member, Sir Reginald Eyre, who represented Birmingham, Hall Green between 1965 and 1987, has passed away at the age of 94. He was very proud to represent Birmingham, having been born there in 1925. His father was a transport worker and his mother was a shopkeeper.

As a young man, Reg had a great time cycling around the city at night putting out tracer fire laid down by the Luftwaffe, and occasionally dancing on unexploded bombs for a dare. He spent the second half of the war as a midshipman in the north Atlantic and the Mediterranean. He would speak movingly of how, when he was not yet 20, he was in the Royal Naval College in Greenwich and told to go home, put his affairs in order and say goodbye to his loved ones, because the chances were that he and his friends would not be coming back. I like to think that he was delighted that, some 70 years later, he stood in the same place to give his only daughter away in marriage—to me, in fact, as he was my father-in-law. [Hon. Members: “Hear, hear.”]

After the war, Reg went to Cambridge—the first man in his family to do so—and then became a successful midlands solicitor before entering the House in a by-election in 1965. He served his country and party with great distinction. He was a Minister for the environment and for transport—he took great joy in having broken one of Livingstone’s London transport strikes. He was a vice-chair of the party, and he was also a Whip. Under different circumstances, I might be at home with my family at the moment, but from the great beyond I can hear his voice saying, “There’s a vote tonight. Don’t you dare, old chap. Don’t you dare.”

While serving in this place, Reg went on a trip to Kenya. There he met a beautiful young actress called Anne Clements. Anne was and is some decades his junior, but it was the start of a wonderful and happy marriage that lasted the rest of his life. On leaving this place, Reg went back to Birmingham and became chair of the Birmingham Heartlands Development Corporation. He was extraordinarily proud of the opportunity to breathe new life into our great second city. He leaves a great legacy behind him.

Reg was one of those people whom everyone automatically warmed to and everyone instinctively liked. He was very proud of his country and particularly proud of his city. He was proud of his party and proud of this place, but most of all he was terribly proud of his wonderful wife and his wonderful daughter. All of them, from country to family, had very good cause to be proud of him, too.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am sure I speak on behalf of the whole House when I say that that was a very warm and loving tribute. Our condolences to you and your family.

Counter-Terrorism and Border Security Bill

Rosie Winterton Excerpts

Ping Pong: House of Commons
Tuesday 22nd January 2019 Commons Chamber

[Mr Wallace]

I beg to move, That this House agrees with Lords amendment 12.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to consider Lords amendments 14, 15 and 17 to 42.

[Mr Wallace]

This group of amendments relates to the new port and border powers in schedule 3 to the Bill to tackle hostile state activity, as well as to the existing counter-terrorism ports powers in schedule 7 to the Terrorism Act 2000. I will focus my remarks on the substantive amendments.

During the passage of the Bill through this House, the hon. Member for Torfaen (Nick Thomas-Symonds) has pressed the Government on whether there is an alternative to the power exercisable in exceptional circumstances for a police officer to be in the sight and hearing of a consultation between an individual detained under schedule 3 and their solicitor. While the Government were clear that safeguards were needed to prevent the right to consult a solicitor from being abused, thereby potentially putting lives at risk, the hon. Gentleman argued that such a provision would undermine the principle of confidentiality of consultations between lawyer and client.

On Report in September, I undertook to consider the issue further. Where there are concerns about a detainee’s chosen solicitor, Lords amendments 35 to 37, 39 and 40 would allow a senior police officer to direct that the individual consult a different solicitor. In practice, that is likely to be the duty solicitor. This provision is modelled on the Police and Criminal Evidence Act 1984—PACE—code H and reflects the suggestion made by the Law Society in its evidence to the Public Bill Committee in June last year. The change will apply to persons detained under both schedule 3 to the Bill and schedule 7 to the 2000 Act. I hope that the hon. Gentleman will agree that this change adequately addresses the concerns that he raised.

Lords amendment 25 provides for a procedure to enable the urgent examination of a detainee’s property, including confidential journalistic or legally privileged material, in cases where there is an imminent threat to life or significant injury, or where there is an imminent threat of a hostile act being carried out. In such cases, the police must be able to act with immediate effect and, consequently, the usual process whereby any such examination must be approved in advance by the Investigatory Powers Commissioner cannot apply.

These Lords amendments to schedule 3 would instead allow an examining officer, with the approval of a senior officer, to examine a detainee’s property before a decision has been made by the commissioner. Under this exceptional procedure, authorisation would be required to be given or withheld by the commissioner or a judicial commissioner after the event. Where the commissioner withholds authorisation, he would have the power to direct that the property be returned and that information taken from it, including copies, is not used and destroyed.

As with the existing process provided for in the Bill, the commissioner’s decision will be taken after consideration of any representations made by affected parties, and there will also be an opportunity to appeal that decision where it has been delegated to a judicial commissioner. That approach is consistent with the Court of Appeal’s judgment in the case of Miranda, where the Court recognised that there might be a need for

“post factum oversight in urgent cases”.

Further details of the process for examining retained property, including where it contains confidential material, will be set out in the schedule 3 code of practice, which must be debated and approved by both Houses before the provisions in schedule 3 can come into force. These Lords amendments improve the provisions in the Bill, and I commend them to the House.

At present, the schedule 7 code of practice requires that an individual examined under schedule 7 is informed of their rights on first being detained. There is analogous provision in the draft schedule 3 code of practice. The Joint Committee on Human Rights suggested that this protection for detainees is sufficiently important that it should be provided for on the face of the Bill and not left to a code of practice. The Government were content to accept the Joint Committee’s recommendation, and Lords amendments 33, 34 and 38 provide for that.

Lords amendments 41 and 42 respond to a recommendation from the Delegated Powers and Regulatory Reform Committee. The Committee argued that the regulation-making power in paragraph 53 of schedule 3 is too widely drawn. Under that power, the Home Secretary must specify additional categories of persons with whom information acquired by an examining officer may be shared. The Delegated Powers and Regulatory Reform Committee pointed out that this regulation-making power places no limitation on the categories of persons who could be specified for those purposes, including an organisation in the private sector. Lords amendment 41 narrows the schedule 3 regulation-making power so that it can be used only to specify persons carrying out public functions, and Lords amendment 42 makes a similar change to the Terrorism Act 2000. I commend these amendments to the House.

Future Immigration

Rosie Winterton Excerpts

Wednesday 19th December 2018 Commons Chamber

[Rachel Maclean (Redditch) (Con)]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I hope this point of order relates directly to the statement from the Home Secretary. Otherwise, it should come after the statement on Yemen.

[Rachel Maclean]

It relates directly to exchanges in the Chamber from very much earlier. It is a matter of extreme urgency—

[Madam Deputy Speaker]

Order. I will take those points of order afterwards. The course of action being taken has been made clear, so I ask the hon. Lady to make her point of order after the next statement.

Offensive Weapons Bill

Rosie Winterton Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 28th November 2018 Commons Chamber

Amendments 26 to 55 agreed to.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I have now to announce the result of today’s deferred Division in respect of the question relating to child support. The Ayes were 310 and the Noes were 230, so the Ayes have it.

[The Division list is published at the end of today’s debates.]



New Clause 16

Offence of threatening with an offensive weapon etc in a private place

‘(1) A person (“A”) commits an offence if—

(a) while A is in a private place, A unlawfully and intentionally threatens another person (“B”) with an article or substance to which this subsection applies, and

(b) A does so in such a way that there is an immediate risk of serious physical harm to B.

(2) Subsection (1) applies to an article or substance if it is—

(a) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

(b) an article to which section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) applies, or

(c) a corrosive substance.

(3) In the application of subsection (1) to an article within subsection (2)(a) or (b), “private place” means a place other than—

(a) a public place,

(b) a place which is part of school premises, or

(c) a place which is part of further education premises.

(4) In the application of subsection (1) to a corrosive substance, “private place” means a place other than a public place.

(5) For the purposes of subsection (1) physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

(6) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or to both.

(7) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way), the reference in subsection (6)(a) to 12 months is to be read as a reference to 6 months.

(8) In this section and section [Search for corrosive substance on school or further education premises]—

“corrosive substance” means a substance that is capable of burning human skin by corrosion;

“further education premises” means land used solely for the purposes of—

(a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or

(b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),

excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;

“public place” includes any place to which, at the time in question, the public have or are permitted to have access, whether on payment or otherwise;

“school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996.’—(Victoria Atkins.)

This new clause and NC17 and Amendment 25 make provision for and in connection with a new offence of threatening another person with an offensive weapon, bladed article or corrosive substance in a private place.

Brought up, and read the First time.

[Victoria Atkins]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 17—Search for corrosive substance on school or further education premises.

New clause 1—Protection for retail staff—

‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 1 of this Act.

(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’

New clause 5—Prohibition of bladed product displays—

‘(1) A person who in the course of a business displays a bladed product in a place in England and Wales or Northern Ireland is guilty of an offence.

(2) The appropriate Minister may by regulations provide for the meaning of “place” in this section.

(3) The appropriate Minister may by regulations make provision for a display in a place which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Act—

(a) as an advertisement and not as a display, or

(b) as a display and not as an advertisement.

(4) No offence is committed under this section if—

(c) the bladed products are displayed in the course of a business which is part of the bladed product trade,

(d) they are displays for the purpose of that trade, and

(e) the display is accessible only to persons who are engaged in, or employed by, a business which is also part of that trade.

(5) No offence is committed under this section if the display is a requested display to an individual age 18 or over.

(6) The appropriate Minister may provide in regulations that no offence is committed under section 1 of the display complies with requirements specified in regulations.’

New clause 6—Report on the causes behind youth violence with offensive weapons—

‘(1) The Secretary of State must, within 6 months of this Act receiving Royal Assent, lay a report before Parliament on the causes behind youth violence with offensive weapons.

(2) The report under subsection 1 must consider, but is not limited to,

(a) The effect of the reduction in police numbers on the levels of youth violence with offensive weapons;

(b) The effect of the reduction in public spending on—

(i) children’s services,

(ii) Sure Start,

(iii) state-maintained schools,

(iv) local authorities,

(v) youth offending teams,

(vi) Border Force, and

(vii) drug treatment programmes.

(3) The report under subsection 1 and the considerations under subsection 2 must consider the benefits of the public health approach to violence reduction.

(4) The report must contain all departmental evidence held relating to subsection 2 and 3.’

This new clause would require the Secretary of State to review the causes behind youth violence with offensive weapons.

New clause 7—Offence of threatening with an offensive weapon—

‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.

(a) After “Offence of threatening with offensive weapon” leave out “in public”.

(b) In subsection 1(a), after “weapon” leave out “with him or her in a public place”.

(c) In subsection 3, after “section” leave out ““public place” and “offensive weapon” have” and insert “offensive weapon” has’

This new clause would mean that threatening with an offensive weapon anywhere would be an offence, not merely in a public place.

New clause 10—Threatening with a bladed article or offensive weapon in a dwelling—

‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) After subsection 12 insert—

13 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.

14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 11—Threatening with a bladed article or offensive weapon in a dwelling (No.2)—

‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.

(2) After subsection 10 insert—

11 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.

12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 12—Threatening with a bladed article or offensive weapon in a dwelling (No.3)—

‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.

(2) After subsection 10 insert—

11 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.

12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 13—Threatening with a bladed article or offensive weapon in a dwelling (No.4)—

‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) After subsection 12 insert—

13 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.

14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’

New clause 14—Protection for retail staff: bladed articles—

‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 141A of the Criminal Justice Act 1988.

(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’

New clause 15—Offence of threatening with blade or offensive weapon (No.2)—

‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) In subsection 1(a), after “applies” leave out “with him or her in a public place or on school premises”.

(3) Omit subsection 2.

(4) Omit subsection 3.

(5) Omit subsection 5.’

This new clause would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.

New clause 20—Offence of threatening with a non-corrosive substance—

‘(1) A person commits an offence if they threaten a person with a substance they claim or imply is corrosive.

(2) It is not a defence for a person to prove that the substance used to threaten a person was not corrosive or listed under schedule 1 of this act.

(3) In this section, “threaten a person” means—

(a) that the person unlawfully and intentionally threatens another person (“A”) with the substance, and

(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’

New clause 21—Prohibition on the possession of a corrosive substance on educational premises—

‘(1) A person commits an offence if that person has a corrosive substance with them on school premises, further education premises or higher education premises.

(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that they had good reason or lawful authority for having the corrosive substance on school premises, further education premises or higher education premises.

(3) Without prejudice to the generality of subsection (2), it is a defence for a person charged in England and Wales or Northern Ireland with an offence under subsection (1) to prove that they had the corrosive substance with them for use at work.

(4) Without prejudice to the generality of subsection (3), it is a defence for a person charged with an offence under subsection (1) to show that they had the corrosive substance with them for use at work.

(5) A person is to be taken to have shown a matter mentioned in subsection (4) or (5) if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(6) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.

(7) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.

(8) A constable may enter any school, further education premises or higher education premises and search those premises and any person on those premises, if they have reasonable grounds for suspecting that an offence under this section is, or has been, committed.

(9) If, in the course of a search under this section, a constable discovers a corrosive substance they may seize and retain it.

(10) The constable may use reasonable force, if necessary, in the exercise of entry conferred by this section.

(11) In this section—

“corrosive substance” means a substance which is capable of burning human skin by corrosion;

“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;

“school” has the meaning given by—

(a) in relation to land in England and Wales, section 4 of the Education Act 1996;

(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/ 594 (NI 3).

“further educational premises” means—

(a) in relation to England and Wales, land used solely for the purposes of—

(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.

“higher education premises” means an institution which provides higher education;

“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

“higher education” means education provided by means of a higher education course;

“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.’

New clause 22—Offence of threatening with corrosive substance on educational premises—

‘(1) A person commits an offence if that person threatens a person with a corrosive substance on school premises, further education premises or higher education premises.

(2) In this section—

“corrosive substance” means a substance which is capable of burning human skin by corrosion;

“threatens a person” means—

(a) unlawfully and intentionally threatens another person (“A”) with a corrosive substance, and

(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;

“school” has the meaning given by—

(a) in relation to land in England and Wales, section 4 of the Education Act 1996;

(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3).

“further educational premises” means—

(a) in relation to England and Wales, land used solely for the purposes of —

(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.

“higher education premises” means an institution which provides higher education;

“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

“higher education” means education provided by means of a higher education course;

“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.

(4) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.’

New clause 23—Advertising offensive weapons online—

‘(1) A person or company commits an offence when a website registered in their name is used to advertise, list or otherwise facilitate the sale of any weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.

(2) No offence is committed under this section if—

(a) the website removes the advertisement or list within 24 hours of the registered owner of the website being informed that the advertisement or list includes a weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.

(3) The registered owner of a website that is guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;

(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale.’

New clause 24—Enforcement—

‘(1) It shall be the duty of every authority to which subsection (4) applies to enforce within its area the provisions of Clauses 1, 3, 4, 17 and 20 of this Bill.

(2) An authority in England or Wales to which subsection (4) applies shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of England and Wales.

(3) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of Northern Ireland.

(4) The authorities to which this section applies are—

(a) in England, a county council, district council, London Borough Council, the Common Council of the City of London in its capacity as a local authority and the Council of the Isles of Scilly;

(b) in Wales, a county council or a county borough council;

(c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);

(d) in Northern Ireland, any district council.

(5) In enforcing this section, an enforcement authority must act in a manner proportionate to the seriousness of the risk and shall take due account of the precautionary principle, and shall encourage and promote voluntary action by producers and distributors.

(6) Notwithstanding subsection (5), an enforcement authority may take any action under this section urgently and without first encouraging and promoting voluntary action if a product poses a serious risk.’

New clause 25—Investigatory powers for trading standards—

‘(1) Schedule 5 of the Consumer Rights Act 2015 is amended in accordance with subsection (2).

(2) In Part 2, paragraph 10, at end insert—

“section (Enforcement)”.’

This new clause is consequential on NC24

New clause 26—Aggravated offence of possessing a corrosive substance or dangerous knife—

‘(1) A person is guilty of an aggravated offence of possessing a corrosive substance in a public place if—

(a) they commit an offence under section 6 of this Act, and

(b) at the time of committing the offence, the offender was—

(i) the driver of a moped or motor bicycle, or

(ii) a passenger of a moped or motor bicycle.

(2) A person is guilty of an aggravated offence of possessing certain dangerous knives if—

(a) they commit an offence under section 1A of the Restrictions of Offensive Weapons Act 1959, as amended, and

(b) at the time of committing the offence, the offender was—

(i) the driver of a moped or motor bicycle, or

(ii) a passenger of a moped or motor bicycle.

(3) A person guilty of an aggravated offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding two years, to a fine or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding two years, to a fine or both.

(4) For the purposes of this section, “moped” and “motor bicycle” have the same meanings as in section 108 of the Road Traffic Act 1988.’

New clause 30—Review of the Act—

‘(1) The Secretary of State must, within one year of this Act receiving Royal Assent, appoint an independent person to conduct an annual review of the provisions contained in this Act and the effect those provisions have had on crimes involving offensive weapons.

(2) The review under section 1 must consider, but is not limited to—

(a) the impact the provisions on corrosive substances have had on crimes involving these substances, and whether these provisions are still adequate;

(b) the impact the provisions on firearms have had on crimes involving these weapons, and whether the provisions are still adequate;

(c) whether existing police funding is sufficient to ensure the adequate enforcement of the provisions of this Act and offences relating to offensive weapons; and

(d) anything else the Secretary of State, or independent person appointed to conduct the review, thinks appropriate.

(3) The annual review under section 1 must be laid before both Houses of Parliament.’

New clause 31—Amendments to the Crossbow Act 1987—

‘(1) The Crossbow Act 1987 is amended as follows.

(2) After section 1 insert—

“1A Requirement of crossbow certificate

(1) Subject to any exemption under this Act, it is an offence for a person to have in their possession, or to purchase or acquire, a crossbow to which this section applies without holding a crossbow certificate in force at the time, or otherwise than as authorised by such a certificate.

(2) It is an offence for a person to fail to comply with a condition subject to which a crossbow certificate is held by them.

(3) This section applies to crossbows with a draw weight of which is to be determined in regulations designated by the Home Secretary, following consultation with—

(a) the National Police Chiefs’ Council;

(b) any other person or body the Home Secretary may deem necessary.”

(3) After section 1A insert—

“1B Application for a crossbow certificate

(1) An application for the grant of a crossbow certificate must be made in the form prescribed by regulations issued by the Home Secretary to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.

(2) A crossbow certificate shall be granted where the chief officer of police is satisfied that—

(a) the applicant is fit to be entrusted with a crossbow to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a crossbow;

(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the crossbow in respect of which the application is made; and

(c) in all the circumstances the applicant can be permitted to have the crossbow in his possession without danger to the public safety or to the peace.”

(3) In section 6 (punishments), in subsection 1, after “section 1” insert – “, or section 1A or section 1B”.

(4) After section 7 insert—

“7A Regulations

(1) A power to make regulations under this Act is exercisable by statutory instrument.

(2) Regulations under this Act may make provisions for the issuing of a crossbow certificate.

(3) A statutory instrument which contains regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.”’

Amendment 12, in clause 1, page 2, line 11, leave out “imprisonment for a term not exceeding 51 weeks” and insert “a community sentence”

This amendment, along with Amendment 13, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.

Amendment 13, page 2, line 14, leave out “imprisonment for a term not exceeding 6 months” and insert “a community sentence”

This amendment, along with Amendment 12, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.

Amendment 14, in clause 6, page 7, line 7, after “place” insert “with intent to cause injury”

This amendment would make it an offence to have a corrosive substance in a public place only with the intent to cause injury to someone.

Amendment 3, page 8, line 3, after “otherwise” insert

“and means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).”

This amendment would extend the definition of public places in relation to England and Wales and Northern Ireland to include communal spaces within residential blocks.

Amendment 15, page 8, line 39, leave out clause 8

This amendment, along with Amendment 16, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.

Amendment 16, page 9, line 37, leave out clause 9

This amendment, along with Amendment 15, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.

Government amendment 56.

Amendment 8, in clause 17, page 16, line 41, at end insert—

“(ab) the seller is not a trusted trader of bladed products, and”

Amendment 9, page 17, line 3, at end insert—

‘(3A) The Secretary of State may by regulations determine the conditions of being designated a trusted trader of bladed products in England and Wales for the purposes of section 17(1)(ab).

(3B) Scottish Ministers may by regulations determine the conditions of being designated a trusted trader of bladed products in Scotland for the purposes of section 17(1)(ab).

(3C) The Department of Justice in Northern Ireland may by regulations determine the conditions of being designated a trusted trader of bladed products in Northern Ireland for the purposes of section 17(1)(ab).”

Amendment 1, in clause 18, page 17, line 44, at end insert—

‘(4A) It is a defence for a person charged with an offence under section 17 to prove that they reasonably believed that the buyer bought the bladed product for use for decorating purposes.”

Amendment 2, page 18, line 24, at end insert—

‘(10) For the purposes of this section a bladed product is used by a person for decorating purposes if and only if the product is only used to make improvements, enhancements or repairs to real property or personal property.”

Amendment 4, in clause 23, page 23, line 8, after “further education premises” insert

“and higher education provider premises”

Amendment 5, page 23, line 10, after “further education premises” insert

“and higher education provider premises”

Amendment 7, page 24, line 8, at end insert—

‘(7A) After subsection (6A) insert—

(6B) In this section “higher education provider” means an institution which provides higher education; “institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution); “higher education” means education provided by means of a higher education course; “higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.

Amendment 6, page 24, line 11, after “further education premises” insert

“and higher education provider premises”

Government amendments 57 to 61.

Amendment 22, in clause 25, page 26, line 41, leave out “the purpose only of participating in religious ceremonies” and insert “religious reasons only”

This amendment extends the defence to cover the possession of a ceremonial Sikh Kirpan for religious reasons on occasions other than religious ceremonies.

Amendment 17, page 28, line 28, leave out clause 28

This amendment, along with Amendments 18 and 19 would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.

Amendment 11, page 29, line 6, leave out clause 29

This amendment would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.

Amendment 18, in clause 29, page 29, line 14, leave out “(“A”)”

This amendment, along with Amendments 17 and 19, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.

Amendment 19, page 29, line 16, leave out from “that” to the end of line 18 and insert

“there is an immediate risk of serious physical harm to that person”

This amendment, along with Amendments 17 and 18, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.

Amendment 10, in clause 39, page 35, line 34, after “section” insert “17(3B),”.

Government amendments 25, 62 and 63.

[Victoria Atkins]

This group of new clauses and amendments deals with matters on which I know there is a great deal of agreement across the House. I will speak to Government new clauses 16 and 17 and Government amendment 25, and in response to new clauses 7, 10 to 13, 22 and 15 and amendment 11, tabled by my hon. Friend the Member for Shipley (Philip Davies).

Let me start by saying how grateful I am to my hon. Friend for his new clauses and amendment. I know that he has raised this issue in the past, and, of course, he spoke very eloquently about it during our Second Reading debate on 27 June. There are offences available for the prosecution of a person who threatens someone with an offensive weapon in private, but those offences do not describe the criminality sufficiently, and do not attract the same penalties as those that are possible when the offence is committed in public. I have therefore been convinced by my hon. Friend that there is a gap in the law that should be filled.

Under new clause 16, it would be an offence for a person unlawfully and intentionally to threaten another person with a corrosive substance, a bladed or pointed article, or an offensive weapon in a way that poses an immediate risk of serious physical harm to that person. The offence will apply in any private place, which means anywhere other than a public place or school, or further education premises, where it is already an offence. In respect of a corrosive substance, a private place means anywhere other than a public place. The lawyers have been terribly exercised about that.

Stalking Protection Bill

Rosie Winterton Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Mr Sheerman]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I do not think there was an intervention.

[Mr Sheerman]

May I apologise to the Minister? A very good friend and colleague, my hon. Friend the Member for Cardiff West (Kevin Brennan), was just passing and said, “You’re the first man to wear a roll-neck sweater in the Chamber.” It was a terrible diversion from the Minister’s good speech.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Rosie Winterton Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

Brought up, and read the First time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss amendment 1, page 3, line 12, leave out clause 2.