Police, Crime, Sentencing and Courts Bill

Sally-Ann Hart Excerpts

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

[Sally-Ann Hart (Hastings and Rye) (Con) [V]]

Despite events in London over the weekend, I would like to thank our police forces throughout the country for all their hard work in carrying out their duties, in a somewhat tricky balancing act at times, throughout the pandemic. Mistakes have clearly been made by some, but this cannot detract from the good work done by most forces throughout the country.

Sussex police, led by Chief Constable Jo Shiner and police and crime commissioner Katy Bourne, have consistently exercised a calm and consent-based approach throughout the pandemic, engaging with the public, explaining Government advice to help prevent the spread of coronavirus in our communities, encouraging compliance, and using enforcement only as a last resort where people refuse to comply. We must not forget that the police are the public and the public are the police. We all have a duty in community safety and welfare.

Much has been said over the past few days about the right to protest: a new crackdown on protest, curbing civil liberties, and putting rights fundamental to our democracy at risk. This Bill does not do that. It is indeed our fundamental right to protest: to gather and to have a voice. No one is stopping that. But for some protestors, peaceful protest is just not enough. Last year in London, for example, we saw extreme disruptive tactics in the Extinction Rebellion march that reportedly cost the Metropolitan police £16 million. That is not police money; it is taxpayers’ money that would be better spent on, say, nature-based solutions to climate change. This fundamental right does not come with a right to act in a criminal way—to be violent or disruptive. There is no freedom without justice.

The actions of perpetrators in committing criminal damage and Public Order Acts offences and assaulting members of the public or police officers executing their duty are unlawful and unacceptable. There is no reason for peaceful demonstrations to turn disruptive or violent. Unfortunately, even good causes often attract a malign element hellbent on using such a cause as a platform to showcase their own agendas, undermining the aims and message of the protest or demonstration that they have attached themselves to on that particular day.

We have all witnessed the extreme disruption that some protests have caused, stopping people getting on with their daily lives, hampering the free press and blocking access to roads, bridges and businesses, including Parliament, and even hospitals. We cannot confuse current coronavirus regulations with a new Bill that introduces sensible measures to deal with disruptive behaviours while maintaining a right to peaceful protest. Those who make peaceful revolution impossible will make violent revolution inevitable. I welcome and support the Bill, because as a Conservative, I stand for justice and for law and order.

Police, Crime, Sentencing and Court Bill

Sally-Ann Hart Excerpts

Report stage
Monday 5th July 2021 Commons Chamber

[Sarah Champion (Rotherham) (Lab) [V]]

It is an honour to speak in this debate after having served on the Bill Committee. While I am deeply worried about part 3 of the Bill, which undermines the right to protest, I will spend the short time I have on my amendments, which aim to improve the criminal justice response for victims and those at risk of sexual exploitation and all forms of abuse.

The 2019 national police wellbeing survey identified that 57% of police officers responding reported post-traumatic stress symptoms, which would warrant an evaluation for PTSD. A Police Federation survey of 18,000 members found that attending traumatic or distressing incidents was one of the top 10 reasons why respondents were having psychological difficulties at work. John Apter, chair of the Police Federation, stated in evidence to the Committee:

“The covenant gives us a great opportunity to put in place mandated levels of psychological support and training”.––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 20, Q30.]

My amendment 25 acts on those concerns and would ensure a clear focus within the police covenant on the impact of working with trauma, ensuring that the impact on officers’ wellbeing and morale is mitigated. We owe them that.

Turning to amendment 51, after years of campaigning with Baroness Grey-Thompson and the hon. Member for Chatham and Aylesford (Tracey Crouch) I welcome the measures in the Bill to extend the definition of positions of trust to include faith leaders and sports coaches, which is a vital step in improving safeguarding. However, the Bill still leaves children vulnerable to abuse from other adults in positions of trust, such as driving instructors, private tutors or counsellors. I urge Ministers to adopt my more comprehensive solution, which ensures that children across all activities and settings are protected from adults in positions of trust.

The Bill should do more to address child criminal exploitation. The Children’s Commissioner estimated that at least 27,000 children are at high risk of exploitation by gangs. Despite the scale of child criminal exploitation, there is a lack of shared understanding about what it is and the forms it takes. Questions are not consistently asked when children are identified as being associated with criminal activity. Children are arrested for crimes that they are being forced to commit, while the adults who exploit them are not brought to justice. My new clause 23 would introduce a statutory definition of “child criminal exploitation”. That would enable a shared understanding and a better multi-agency response, and it would support professionals to spot the signs of exploitation earlier and disrupt grooming.

Finally, I turn to new clause 24, which is supported by 41 Members across the House and to which the Minister gave a good hearing. I was astounded when I realised that registered sex offenders are changing their names without notifying the police, despite a legal requirement to do so. Current notification requirements leave the onus on the offender to report a change in their name. The result is that many slip under the radar of the police, with potentially devastating consequences. This serious safeguarding loophole leaves sex offenders free to get a new name, a new driving licence and a passport, and then to secure a new disclosure and barring service check, with which they can go on to gain jobs working with children and vulnerable people. Alarmingly, an FOI request by the Safeguarding Alliance, which I thank for its support on this matter, found that more than 900 registered sex offenders went missing between 2017 and 2020, and that was with only 16 of the 43 forces responding.

We cannot rely on sex offenders to inform the police themselves if they change their names. New clause 24 requires the Government to undertake a review into the problem and to propose solutions within a year of the Bill being passed. I hope that the strength of support for the clause will make the Minister consider working with me to get the changes we seek.

[Sally-Ann Hart (Hastings and Rye) (Con)]

I welcome this Bill, which backs the police to cut crime, building on our record of cutting crime, backing our front-line officers and reforming our justice system to make sure that criminals spend longer in jail. However, I will focus my comments on new clauses 55 and 42.

Having an abortion is a significant, irreversible and life-changing event for a woman, and I know that most women do not make the decision to abort lightly. Women who seek abortions need compassionate advice and support, but probing new clause 55, tabled by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), is at odds with the recognition that abortion is a difficult and heavy decision that requires support and compassion. Removing safeguards and legal provision around abortion devalues women’s experience of abortion and drives the focus away from quality healthcare.

The amendment’s proposal to decriminalise abortion would, in my view and in the view of numerous constituents in Hastings and Rye who have contacted me on the subject, introduce abortion on demand for any reason up to birth. Abortion would be available on demand for any reason. Evidence shows that after a few weeks, unborn babies are sentient beings in the womb. Who gives them a voice? We should ask ourselves what kind of a society we are that we would condone that.

[Dame Diana Johnson]

As I expressed in my short contribution, we need to get the facts straight here. Will the hon. Lady point to where the amendment says that there will be no safeguards around abortion? It talks about decriminalisation, not deregulation.

[Sally-Ann Hart]

The right hon. Lady points out that the amendment talks about decriminalisation, but it does not underline the safeguards. As 800 or so medical professionals said in an open letter to her,

“Your proposal to allow abortion up to birth in this country would be to attack the heart of the medical profession: our core duty to protect life whenever and wherever possible.

The British public prides itself on being a reasonable, humane and tolerant society. Such an extreme and radical abortion law has no place in the UK.”

Seventy per cent. of women favour a reduction in abortion time limits, and we see from recent history that abortion time limits align to the viability of a baby—the point at which a baby can survive inside or outside the womb. We should therefore seek to reduce the time limit, save for exceptions.

New clause 42, introduced by the hon. Member for Ealing Central and Acton (Dr Huq), would impose censorship zones outside abortion clinics. That goes against the long-standing tradition in the UK that people are free to gather together to express their views. It also goes against this Government’s commitment to human rights and freedom of speech in our party manifesto. The right to protest is the cornerstone of our democracy.

Although I personally find it somewhat offensive and lacking in compassion for people to gather outside an abortion clinic, where women should be given space when accessing an abortion, what I find offensive may be different from what other people find offensive. If we ban speech or assembly because of the likelihood of causing offence, we will have to ban far more than demonstrations outside abortion clinics.

[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.

[Bell Ribeiro-Addy (Streatham) (Lab)]

I rise to speak to the new clauses in my name, and owing to time constraints I will focus my comments mainly on those. I would, however, like to give my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) the chance to intervene further.