Immigration and Home Affairs

Sarah Champion Excerpts

Tuesday 23rd July 2024 Commons Chamber

[Sir John Hayes (South Holland and The Deepings) (Con)]

It is a great pleasure to serve in the Chamber with you in the Chair, Mr Deputy Speaker. I wish the new Government Front-Bench team well. They know that I have high regard for many of them, including the hon. Member for Wallasey (Dame Angela Eagle) and the right hon. Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson), who are in their places.

As a patriot, I wish the Government well, because they are in a position to run our country and there will be many matters on which we can agree. I have worked with a number of Government Members on the kinds of matters that go well beyond Punch and Judy politics, if I can call it that, particularly on national security. However, those good wishes are not the same as wishful thinking. Too much wishful thinking pervades the Government Benches. Having made change itself the brand, the risk they face is thinking that change alone is enough. CS Lewis said:

“If you look for truth, you may find comfort in the end; if you look for comfort you will not get either comfort or truth only soft soap and wishful thinking to begin, and in the end, despair.”

Nevertheless, I wish the Government well.

We are debating a number of challenges in this aspect of the King’s Speech today, but none more challenging than that of lawlessness. Too often when we debate crime, lawlessness and order in this Chamber, we give too little regard to the victims of crime. We simply must end the culture, which has pervaded for most of my lifetime, of believing that crime is an illness; to be treated. It is not an illness; it is a malevolent choice made by those who are careless of the harm they do. When we understand that, we understand why the principal objective of the criminal justice system must be punishment. A justly retributive response to that malevolence is necessary not only because it is the right thing to do, but because it is the component of the criminal justice system which maintains the public’s faith that justice will be done and be seen to be done.

[Sarah Champion (Rotherham) (Lab)]

I am listening intently to the right hon. Gentleman’s speech. Does he therefore believe that people are born wicked? I believe that, with good education at a very early age and early intervention, crimes can be prevented.

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[Sarah Champion (Rotherham) (Lab)]

This morning we woke to the horrifying confirmation that violence against women and girls in the UK is endemic. The national policing statement detailed that there are 3,000 offences recorded each day, but let us remember, that will be the tip of the iceberg. For example, 83% of women do not come forward to report rape to the police, and many offences will not even be recognised as such by the victims because of the deep-seated misogyny in this country. The system, as it currently stands, fails women and girls. What we need now is root and branch change.

In March 2023, the now Prime Minister promised to halve violence against women and girls if Labour won office. He said he would put domestic abuse specialists in police control rooms and set up dedicated courts for rape trials. I am proud that in the King’s Speech the Prime Minister is living up to his promises. In my Government’s proposed Bills, I was reassured to see specific measures to tackle misogyny, from teaching children about healthy relationships and consent, to putting rape victims back at the heart of our criminal justice system.

Until now, rape conviction rates have been appallingly low. A total of 68,387 rapes were recorded by the police in 2023, but, by the end of that year, charges had been just 2.6%, and the average wait time for rape cases to get to court was 839 days. That should shame us all. I am hopeful that the plans to introduce specialist rape courts to fast-track cases will make the change and I support them.

On that note, I wish to take a moment to thank the victims and survivors, as well as the past and present Victims’ Commissioners, for the hard work that they have done in campaigning to make these necessary changes. I thank my Government for acting on my campaign to stop registered sex offenders from changing their names. And I greatly look forward to working with those on the Front Bench to close all legal loopholes that allow dangerous sex offenders to slip through the net.

Following many years of fighting alongside inspirational survivors, including Della and the Safeguarding Alliance, I am optimistic that we are finally nearly there with Della’s law.

Now I turn to a topic that needs all of our attention—child protection. Safeguarding should start with every parent and every child having access to a Sure Start. Unfortunately, most people are not automatically born to be a good parent, but Sure Start can give them the support and encouragement that they need to become one.

Early intervention is always the best and cheapest solution. I urge the Government to rebuild this inspirational offer, after the Tories tried to demolish it one centre at a time. I welcome the Home Secretary’s plan to introduce a statutory definition of “child criminal exploitation”. This is something that I have been campaigning on for many years and could never understand why the previous Government resisted it. Until now, there have been multiple definitions, resulting in a confused and fragmented response by authorities. Between 2022 and 2023, more than 14,000 children were identified as at risk of, or a victim of, child criminal exploitation. I hope to work with the Government to ensure that the new statutory definition is in line with international standards of child trafficking, not just an extension of the adult definition. For too long, we have seen the abuse of child victims being misinterpreted as “choice”. A child can never “consent” to their abuse or exploitation.

I wish to end where I started, with Labour’s commitments to halve violence against women and girls. I urge my Government to seize this moment and to be bold and ambitious. We owe women and girls more than just lip service. They deserve real, tangible action. I stand ready to assist as a friendly critic, but also as a helping hand.

[Mr Deputy Speaker (Sir Edward Leigh)]

I call Shockat Adam to make his maiden speech.

Tackling Spiking

Sarah Champion Excerpts

Monday 18th December 2023 Commons Chamber

[Laura Farris]

I thank my right hon. Friend for his kind words. Yes, absolutely; that is a key feature of the reporting tool. The purpose is partly to address some of the issues that prevent people coming forward: they do not think they will be believed, or they think that they made a fool of themselves, or they cannot really remember what happened on the night. The ability to report the incident using an anonymous tool without having to go through the entire criminal justice process—if that is not what the victim wishes to do—is an important element. It has been piloted very successfully in 20 forces so far. We hope that it will encourage people to come forward, and will also help us to develop an accurate picture of what is happening across the country.

[Sarah Champion (Rotherham) (Lab)]

I have to say that I was surprised by the rapid onslaught of both the spiking of drinks and the use of needles. I do not know many young women who do not put their the hand over their glass when they are out. I hope that I am not being pedantic, but I want to press the Minister: will spiking be a stand-alone offence? She has talked about its being effectively seen as an offence, and about modernising the language, but it is extremely important for it to be a stand-alone offence. Can she please commit herself to that?

[Laura Farris]

Let me be completely clear about this. We will be amending the Offences against the Person Act 1861 so that the language of an existing statutory provision will capture the modern offence of spiking in all its forms, because we recognise that the language in that Act, although it nominally covers the offence of spiking, will not be clear to a member of the public.

Criminal Justice Bill

Sarah Champion Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

[James Cleverly]

I am sorry, but I promised Madam Deputy Speaker that I would be winding up.

Last year, the independent inquiry into child sexual abuse published its final report. It revealed the terrible extent to which children have been betrayed over decades not only by rapists and abusers but sadly, in too many instances, by those who should have been there to protect them. We must honour the courage of those who have spoken out by doing things differently. Everything possible must be done to prevent these crimes. When they do occur, they should be met with heavy punishment. The Bill introduces a new statutory aggravating factor to capture offenders who demonstrate grooming behaviours in connection with specified sexual offences against children and young people, or whose offences have been facilitated by grooming by others.

The grooming itself need not be sexual; it may be undertaken by any offender or a third party and committed against the victim of the underlying offence or a third party. The Government will also bring forward amendments to the Bill to restrict the ability of registered sex offenders to change their names in certain circumstances. Following consideration of the responses to our consultation, which closes on 30 November, we also plan to bring forward amendments to provide for a legal duty to report child sexual abuse.

[Sarah Champion (Rotherham) (Lab)]

I am incredibly grateful to the Home Secretary for bringing forward legislation on sexual offenders changing their name by deed poll, but we could not find it anywhere in the Bill, so is there any reason why there is a lag?

[James Cleverly]

It is because we will have to bring it through as an amendment, but I can assure the hon. Lady that we are committed to making this work. [Interruption.] It is a Government amendment. [Interruption.] I disapprove of theft in all circumstances except for when someone brings forward a truly good idea.

Let me return now to the duty to report child sexual abuse. Walking by or turning a blind eye should never, and must never, be an option. The Bill enables polygraph testing to be extended to more serious sexual and terrorism-linked offences, including for convicted murderers who are assessed as posing a risk of sexual offending on release. It also ensures that those serving multiple sentences alongside a sentence for a sex offence can be tested for the whole of their licence period. The measure further applies to individuals convicted of non-terrorism offences who would have been determined by the court to have a terrorism connection if the option had been available at the time of the sentencing.

The Government have a programme to build 20,000 new prison places. It is the biggest prison building programme since the Victorian era. Prison demand is likely to increase over the medium term, as we continue to empower police forces and the courts to drive down crime and punish offenders.

In order temporarily to increase prison capacity, the Bill will introduce domestic powers to transfer prisoners to rented prison spaces overseas subject to future agreements with other countries. Norway and Belgium have successfully rented prison places from the Netherlands in the past. The Bill will also extend the remit of His Majesty’s inspectorate of prisons to include any rental prison places abroad.

The Criminal Justice Bill will give the police greater powers, the public greater confidence, and the courts greater ability to punish offenders and protect the law-abiding majority, and I invite the whole House to get behind it.

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[Sarah Champion (Rotherham) (Lab)]

This Bill presents a precious opportunity to address some of the big problems that exist within our justice system. Despite this Bill making some progress on the sentencing of serious offenders, it is frustrating that the Government are seemingly refusing to use it to fix those fundamental problems. I hope I am wrong or, at the very least, that this is just a starting point and the Bill will be improved during its passage through both Houses. I commend all the recommendations that hon. Members have made today.

Let me start with the positives. I am genuinely relieved that the Government have finally introduced legislation on the non-consensual sharing of intimate images. The National Society for the Prevention of Cruelty to Children has reported that nearly a quarter of girls who have taken a nude photo have had their image sent to someone else online without their permission. I and many others have called repeatedly for action on this issue. I pay tribute to the right hon. Member for Basingstoke (Dame Maria Miller) for her persistent work and successful campaigning, and I assure the Minister that she will continue campaigning until the law properly reflects what is needed.

I am also supportive of increased powers to ensure that offenders attend their own sentencing hearings. Sentencing should be a moment of justice for victims and families. For abusers and perpetrators to refuse to take the stand is morally wrong, as it denies closure to those they have harmed. The Government must ensure that the measures are balanced, but their priority should be to ensure that victims receive the outcome they need.

Now for the “needs improvement” section. I welcome clause 23, which makes grooming an aggravating factor when an offender is being sentenced for child sexual abuse. I hope victims will begin to feel that the jail time that their abusers receive reflects the devastation that the crime causes. However, this is just one step in sentencing. Grooming is already an offence—I know that because I have already changed the law on it. If the Government genuinely want more prosecutions, they need to invest in our police and courts, which have been utterly decimated in the last 13 years. Introducing an aggravating factor to an offence that is already on the statute book will not get sentences meted out unless we have the resources to make that happen.

Likewise, I welcome the principle of mandatory reporting of child sexual abuse, but unless there are fully funded police, investigative and criminal justice services, just reporting it becomes a tick-box exercise; it will make people feel that they have done their duty, but there will be no back office to actually prosecute the people carrying out the abuse. I worry that the measure is seen as an easy solution rather than getting into the detail.

Similarly, requiring judges to consider the end of a relationship as an aggravating factor in murder cases is a good step, but we should go further. We need recognition of something that is the precursor to the murder of many women: stalking. Why not take the opportunity that the Bill presents to address that? I continue to call on the Government to take stalking as seriously as other forms of violence. The Minister can use the Bill to prevent murders by rolling out harsher sentences for the factors that lead up to them.

Now for the bad, I am afraid. I am genuinely outraged that the Government are taking such draconian steps towards criminalising rough sleeping. I support 100% the comments made by the hon. Member for Chatham and Aylesford (Tracey Crouch). I am genuinely baffled why the Bill treats homelessness as a “nuisance” rather than providing the help that homeless people clearly need. During the pandemic, the Government did amazing work getting every rough sleeper off the streets. Why are they criminalising them now?

Crisis has stated that anyone who is judged to look as though they are going to sleep rough and is capable of causing a nuisance could fall foul of the Bill. That is not how we make good laws. No one would voluntarily choose to sleep on the street or in a tent. People do it because they are desperate. They need support, not to be criminalised, especially when our criminal justice system is already at breaking point. In reality, the police will take them off the street and put them in a cell for a night, and then they will be back out again the next morning. That is not a solution. Will the Minister work with her colleagues on housing rough sleepers and providing them with a long-term route out of poverty, rather than criminalising them?

This Bill is a missed opportunity for some of the changes that are needed in the justice system. I am keen to support my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) in amending the Bill to remove parental responsibility from all those convicted of sexual offences against children. We must also ensure that the Bill repeals the ridiculous, archaic laws that criminalise people when it is expressly not in the public interest to do so.

I give my support to the comments of my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) and to what I believe will be the comments of my hon. Friend the Member for Walthamstow (Stella Creasy), because women in 2023 should not be punished in criminal law for accessing abortion. I will be supporting the amendments that I believe they will be tabling to drag our laws out of the 19th century and into the 21st century, where women are entitled to support when making choices about their reproductive health.

Finally, I am surprised, relieved and delighted that the Home Secretary has announced that he will be adopting my legislation to prevent registered sex offenders from changing their name by deed poll. I pay tribute to Della for her campaign and to The Safeguarding Alliance, which has been working for years alongside me and other campaigners to make Ministers understand both the scale of this problem and the threat that it presents.

As I was coming down to London on Monday, I saw in the Metro a report of a teacher who had a relationship with a 15-year-old. He went to jail for three years because of it. He has now come out and changed his name, and he is working in a pop band. I believe that that presents a very real risk to other 15-year-olds. I really hope that the Minister will work with me and others to get the legislation right quickly, in order to protect everyone.

There are provisions in the Bill that are welcome, while others highlight weaknesses and areas that need to change. The issue is that the Government are bringing forward individual measures, rather than focusing on the much bigger problem—the lack of joined-up thinking around our justice system. There is much missing from the Bill that would ensure that the public were safe and that victims received the justice that they need, and I do hope the Minister addresses that.

The Conservatives can claim that they are tough on criminals, but when it comes to the practicalities of keeping the public safe from known offenders, I am saddened that, as it stands, this Bill is a missed opportunity. Please, Minister, do not just let this be PR and puff; let it be something that everybody can be proud of.

Independent Inquiry into Child Sexual Abuse: Report

Sarah Champion Excerpts

Monday 22nd May 2023 Commons Chamber

[Suella Braverman]

My right hon. Friend is absolutely right to point out that we need to enhance the rigour of scrutiny and standards within the workforce when it comes to professionals who have direct contact with or responsibilities relating to children. That is why several of the recommendations relate to registration. We accept the recommendation on the registration of care staff in residential care. We also accept the recommendation on the registration of staff in young offender institutions and secure training centres, and we are exploring the proposals on how to operate it. We are looking at the recommendations relating to the barred list of people who are unsuitable for work with children, and the recommendation relating to the duties to inform the Disclosure and Barring Service about individuals who might pose a risk. We are accepting those recommendations as well and exploring the ways and the form in which we can deliver them.

[Sarah Champion (Rotherham) (Lab)]

I have a long history with IICSA; I was one of the MPs who first lobbied the then Home Secretary for it, and I am incredibly grateful to the right hon. Member for Maidenhead (Mrs May) for commissioning it, but that was seven years ago. That is seven years of victims and survivors laying out their stories, and telling us what we already knew: that this is an epidemic. In that time, the Government could have been doing very practical things to prevent it. The Home Secretary says that she accepts the need to act. That is not the same as acting. She said that victims would have visibility in the work that will be done, and that there would be consultation and monitoring. Where is the funding? Where is the actual getting on with the recommendations? What is the one recommendation that the Home Secretary does not accept? She has not told us that.

[Suella Braverman]

I have been fully transparent. I have come to the House today to set out our response, and we are also publishing our detailed response to the inquiry, which sets out the detail that the hon. Lady requests. As for what the Government have done, I reject the accusation that we have not acted. I am very proud of the effort that this Government have made so far to get to the point at which we can accept the vast majority of the recommendations. Now the work starts.

We need to ensure that we get the recommendations right and deliver them in a meaningful way. I do not apologise for taking the time to get that right. Accepting the redress scheme is a landmark commitment that the Government are making today. That will ensure that victims of this heinous crime secure redress. We need to decide what form that will take—not every victim or survivor is the same—and how that redress can be delivered. There are many forms that redress can take. We need to assess what is appropriate for the victims, and listen to survivors, so that we get the scheme right. I am determined to do so.

Human Trafficking and Modern Slavery

Sarah Champion Excerpts

Wednesday 29th March 2023 Westminster Hall

[Mr Bone]

My hon. Friend is absolutely right. If we discover something in this House, as he says, we correct it. We do not just say, “We are not going to use that product.” We go back and improve the situation, which is entirely the right approach.

It is not good enough that we do not have an Independent Anti-Slavery Commissioner. The only conclusion that people can draw is that the Home Office does not want independent scrutiny of human trafficking. I cannot see any other reason for it. In 2022, almost 17,000 potential victims of human trafficking were referred to the national referral mechanism—an increase of 33% on the previous year. Last year, the average number of days that a victim waited for a conclusive grounds decision was 543. That is an improvement on the previous year, when it was 560-odd days. In about 100 years’ time, we will probably get it down to an acceptable level. We are creating a huge backlog in the system and stretching the resources available to support survivors of human trafficking.

In last year’s Queen’s Speech, the Government promised a new modern slavery Bill. In addition, a new modern slavery strategy had been promised in spring 2021. That was in response to the 2019 independent review of the Modern Slavery Act 2015, which suggested improvements. To date, neither the Bill nor the strategy has been forthcoming. The independent review had four main topics of focus, one of which was the safeguarding of child victims of modern slavery. That issue has long been a source of personal frustration to me.

As I have said, almost 80% of UK nationals referred to the NRM are children. The situation regarding the safeguarding of children who may have been trafficked is unique, in that the provision of care for trafficked adults is far better than that for trafficked children. Where else in Government do we look after adults better than children? I made that point during my Westminster Hall debate over 10 years ago. I recounted how in 2010 I went to a safe home in the Philippines, where there were children who had been trafficked and had experienced the worst kind of abuse—in the Philippines it was largely prostitution. They received specialist support and went to school. They were in a safe environment, and after a few years, they left a changed person. In fact, I had the great pleasure of attending a wedding of a former trafficked child who had gone through that process. There is no reason why this country could not offer the same standard of care. We should learn from best practice elsewhere, and could offer more specialist support and rehabilitation to trafficked children in this country.

[Sarah Champion (Rotherham) (Lab)]

I thank the hon. Gentleman for securing this debate and for everything that he is saying, which I reinforce. I had a meeting with the International Justice Mission a couple of weeks ago, which has been working in India for 20 years. It has created child advocates—effectively magistrates. When they find a trafficked child, they go into the care of the advocacy group, which makes sure that all the support services, police and justice services do their duty by that child. Does he agree that that is a really useful model that we could learn from?

[Mr Bone]

I will talk a little about that, and what the Government are doing for children. Unfortunately, it is not working. I will come to that.

In this country, child victims of trafficking are treated similarly to any other at-risk child, and are under the primary care of local authorities. That often means that they are placed in care with non-trafficked children, where security and staff observation is limited. They are supposed to have an independent child trafficking guardian. That does not work, and still does not apply in all areas of the country. I say it does not work; I will explain further a little later, but too many of the children disappear and are re-trafficked. They go missing from local authority care. That does not happen under the system for looking after adult victims of trafficking. In 2020, Every Child Protected Against Trafficking UK, which originally provided the secretariat to the APPG on human trafficking and modern slavery, found that one third of trafficked children go missing from local authority care. The average number of “missing” episodes per child was eight—significantly higher than for other children in local authority care.

I am describing a system where a child who has been subject to trafficking and horrific child abuse is put into a children’s home with other non-trafficked children and has no increased security. The child abusers can locate the child and traffic them all over again. The criminal gangs have got even smarter: if there is good access to the home, they bring it into their business model. They leave the children in the children’s home—that is free accommodation and food—and take them away on demand to be used as prostitutes. Then they return them to the home. How can that possibly, in any way, be right? In effect, local government is inadvertently becoming a partner of the human trafficking business. That is frankly a scandalous failure in our duty of care to some of the most vulnerable people in our society.

By contrast, when it comes to adults, the Salvation Army has been the prime contractor for what is apparently called the Government’s modern slavery victim care contract for the last 11 years. When that started, the Salvation Army became the overarching body in charge. The trick that the Government did—this is a great credit to them—was not to give the money to the Salvation Army to spend, but to ensure that it worked with partners across the UK, including groups interested in looking after victims of human trafficking and, quite often, faith groups. That added value produced a really successful way of looking after adult victims of human trafficking. They get support with accommodation, translation services, financial subsistence, and transport, as well as bespoke support based on victims’ needs, which is administered by the Salvation Army and its partners. Without doubt, we look after adult victims better than child victims.

It is absolutely crucial that we give world-leading care to both adult and child victims, both from a compassionate perspective, and to prevent re-trafficking and encourage survivors to help bring the evil criminals to justice. The charity Justice and Care has pioneered the introduction of victim navigators. Importantly, victim navigators are independent of but integrated with police officers working on modern slavery cases. Victim navigators have access to the relevant police systems and can share information with victims, which builds trust and frees up police time. Victim navigators take on the responsibilities related to survivor support, meeting survivors’ needs and keeping them updated on the criminal investigation. The navigators have helped to safely repatriate 32 survivors to 17 different countries, and find local contacts in those countries that can continue to provide support.

Justice and Care victim navigators benefit from the relationship and partnership with the police but retain their independence, giving survivors a more assessable ally at the point of rescue. This work has been extraordinarily successful: 92% of victims supported by a navigator were willing to engage on some level with police, and victims who had access to the services of navigators were five times more likely to engage in supporting a prosecution than were victims in a sample of non-navigator-supported cases. Hon. Members should not take my word for it. One survivor said:

“He’s done everything for me. Every bit of support I’ve needed. If it weren’t for”

the navigator,

“I would have been lost honestly…If I didn’t have”

the navigator,

“I wouldn’t have gone through with the case. I wouldn’t have had the strength I had to do it…I couldn’t have done it without him.”

An awful lot of people—from the left, I have to say—want to look after the victims of human trafficking, and that is an honourable thing to do. Having a right-wing chairman was a problem for the left-wing members of the all-party group, but I said to them: “Let’s stop people being victims. I would rather stop them becoming victims than look after them after they have gone through huge abuse.” One way of doing that is prosecuting these evil criminal gangs. The victim navigator service was independently evaluated between September 2018 and June 2022 and was found to be so successful that the independent evaluators recommended that it be rolled out nationwide.

In 2021, there were 93 prosecutions and 33 convictions for modern slavery offences, as a principal offence, under the Modern Slavery Act. On an all-offence basis, including where modern slavery charges are brought alongside more serious charges, there were 342 prosecutions and 114 convictions. Hon. Members might say that that is good, but it is actually shockingly poor. There were 9,661 recorded modern slavery crimes in 2021-22; in fact, the National Crime Agency estimates that between 6,000 and 8,000 offenders are involved in modern slavery crimes in the UK. Victim navigators will clearly help to increase the prosecution rate, but modern slavery is currently a low-risk, high-reward crime, and low prosecutions are not the only indicator of that.

Analysing sentencing is crucial to understanding the outcomes for modern slavery offenders. In 2021, fewer than one third of offenders with modern slavery as a principal offence received a custodial sentence of four years or more. In the past five years, no offender with modern slavery as a principal offence has received a life sentence, and only one has received a sentence of more than 15 years. The average custodial sentence for modern slavery offences in 2021 was four years and one month. That is less than half that recorded for rape, yet the young women forced into brothels as victims of human trafficking are, effectively, repeatedly raped. On a sentence of four years and one month, the person will probably be out within two years. If we do not get serious about prosecuting, the police can break up more modern slavery networks, which they are very good at, and the victim navigators can support victims properly to bring the case to trial, but their hard work will be undermined by poor prosecutions.

I said that this debate is not about the Illegal Migration Bill, but I hope you will forgive me for going back on that a bit, Mr Betts. Without getting too entrenched in a discussion of the Bill, I must say that I fully support the Government’s ambition to end the small boats crisis. That is the No. 1 issue for my constituents in Wellingborough, and it is absolutely vital that we stop the boats. Although I established a clear distinction between people smuggling and human trafficking, there are some things that unite them. Those running both evil trades regard people entirely as commodities; they care nothing for the lives they destroy or endanger.

Returning those who have been illegally smuggled into the UK to their country of origin or a safe third country is essential to dismantling the business model of the evil people smugglers. However, in doing that, we must be careful that we do not undermine protections for genuine victims. Victims of modern slavery who are rescued from abuse in this country must have the security that they will not face deportation as a consequence of coming forward. Many foreign nationals rescued from modern slavery in the UK want to return to their country of origin and familiar support networks, and have done so, and that is fine; they should be supported in doing that. However, the threat of deportation may undermine efforts to bring about prosecutions, by deterring victims from coming forward.

Some survivors’ immigration status may have become irregular while they were under the control of traffickers, perhaps due to a visa expiring. Others may have arrived in the country illegally, and their abusers may use the threat of deportation to continue to exert control over them. The Illegal Migration Bill needs to make a distinction between those who are identified on arrival at the UK as having been trafficked, and those who are identified as such later. We must not do anything that stops support being given to those who have been moved to the UK and suffered abuse, who have clearly been trafficked.

The Nationality and Borders Act 2022 established temporary leave to remain for confirmed victims of human trafficking, as is absolutely right. That should not be, effectively, overridden by the Illegal Migration Bill, and I hope the Minister can reassure me on that point—my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith) raised similar concerns yesterday in Committee on the Bill. Will the Minister be so good as to meet me and other concerned Members before the Bill’s Report and Third Reading?

Finally, I thank the Government for the Modern Slavery Act 2015 and all the things we have done to protect victims of human trafficking. We lead Europe in this regard, and that is fantastic. I just want to ensure that that continues and that we do not move backwards in any way.

--- Later in debate ---

[Sarah Champion (Rotherham) (Lab)]

May I put on record my deep thanks to the hon. Member for Wellingborough (Mr Bone)? He has championed this cause for years, when many others really did not want to. We are talking about a dirty and disgusting business—and it is a business. I am grateful for all that he has done and continues to do to put the profile of this awful crime exactly where it needs to be.

I rise to raise my concerns about the Government’s current approach to tackling modern slavery and human trafficking, particularly through the so-called Illegal Migration Bill; regrettably, it completed its Committee stage yesterday, which makes today’s debate timely. I could have chosen so many topics. The hon. Member spoke about prostituted women; I completely agree that we have to stop the pull factor, which is the fact that it is still legal to buy sex in this country. I could have spoken about child sexual exploitation, which unfortunately I know far too much about, or child criminal exploitation. The hon. Member for South West Bedfordshire (Andrew Selous) spoke a little about child labour in the supply chain, and children working at brick kilns. I was in Nepal with the International Development Committee a couple of weeks ago, and we met those very children. I am really proud that some of our foreign aid goes on supporting those children and letting them know their rights, and, most importantly, on working with the employers, because it tends to be small businesses that still use children in modern slavery. Our aid goes on educating employers and encouraging them to change their practices.

However, let me focus on the UK. Many professionals are troubled by the Government’s rhetoric, as well as the Illegal Migration Bill, which conflates modern slavery with migration, asylum and smuggling. The International Justice Mission states that conflating those issues risks hindering efforts to assist survivors and ensure traffickers are held to account. It only makes this problem worse.

I was very proud in 2015, when the UK was genuinely a world leader in tackling modern slavery, with the unprecedented Modern Slavery Act. I was on the Bill Committee, and it was genuinely world-changing. People came from all over the world to see what we were doing, although the hon. Member for Wellingborough is right that children were always an omission and not supported properly.

That pride feels light years away from where we are today. The measures in the Illegal Migration Bill, particularly in relation to modern slavery survivors, are deeply disturbing, cruel and lacking in compassion and common sense. I cannot imagine how terrifying it must be to be trafficked to this county against one’s will, as well as, in many cases, being a victim of sexual exploitation or modern slavery.

We must remember that modern slavery and trafficking also happen in the UK. I referred to child exploitation: in Rotherham, the police innovatively used trafficking legislation, because it says that moving a person from one side of the street to the other is trafficking. We have strong legislation in place for that; it is just not being enforced as often as it should be, and nor is the national referral mechanism. I was disappointed in the early days of that scheme that many local authorities were not referring local people into that support network.

The Government now want to refuse vulnerable people vital protections that we put into law less than eight years ago. The Illegal Migration Bill would disqualify victims of trafficking and modern slavery from protections under the national referral mechanism and deny crucial support to those who arrived in the UK through irregular means, allowing them to be removed entirely from this country. That includes child victims of trafficking whose family members meet those conditions.

Almost 90% of modern slavery claims are found to be valid, meaning that these new provisions will remove support from genuine victims who need our help. The reality is that this will not prevent traffickers, and it certainly will not help victims of modern slavery. I am especially worried about the impact that this will have on victims and survivors of sexual and gender-based violence. Researchers at the University of Birmingham found that survivors are unlikely to report crimes of sexual and gender-based violence or trafficking, without legal protections or safe reporting mechanisms that protect them from immigration exposure.

If the Government really want to stop the boats, they must first protect victims and survivors of trafficking, slavery and sexual exploitation, to end the traffickers’ business model. Instead, this Bill will punish only the victims. Case studies from the University of Birmingham’s SEREDA project demonstrate why survivors of sexual violence, in particular, must be exempt from removal to other so-called safe countries.

Samiah fled Algeria after being raped by an influential man in the Algerian army and, facing pressure from her family, married her rapist. Her sister sold her jewellery to pay for Samiah’s passage to safety. Samiah passed through France on the way to the UK but, given the large Algerian population there, and the threat from both her family and the man who attacked her, she did not feel France was safe enough to offer her protection.

When she arrived in the UK, she had no idea of her rights, and slept rough in Victoria station. She was befriended by a man who gave her alcohol for the first time in her life, and she was raped again, becoming pregnant. She was taken in by a stranger, who helped her find a lawyer, and told she should put in a claim for asylum. Samiah’s case illustrates why it is vital that victims of sexual and gender-based violence must have access to support, no matter how they arrive here. Not all forced migrants feel safe in the first safe country they pass through. The vulnerability of survivors of sexual and gender-based violence will be preyed on even more without the relative protections of the asylum and national referral mechanisms.

The previous Independent Anti-Slavery Commissioner warned repeatedly that denying trafficking victims support makes it harder, not easier, to catch criminal traffickers. Why will the Minister not listen to experts, and protect the victims, rather than the traffickers? Such vast changes to our modern slavery policy should not take place at a time when the UK’s new anti-slavery commissioner has not been appointed. With the role remaining vacant for almost a year, it is deeply concerning that we have lost an independent voice, expert insight and essential scrutiny of the UK’s approach to tackling modern slavery and human trafficking.

Will the Minister confirm in her response when the new Independent Anti-Slavery Commissioner will be appointed? Will the Home Office commit to consult the new commissioner before pushing ahead with these new measures? I am proud that Labour voted against some of the measures in the Bill, because we are on the side of the victims. I am one of those people from the left who want to support victims, but I am also one of those people from the left who want to stop the business model of these traffickers and modern slavery owners. We have to do all we can, in a united way, to make that happen.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

I shall do my best. It is a pleasure to serve under your chairmanship, Mr Betts. I am very grateful to my hon. Friend the Member for Wellingborough (Mr Bone) for securing this debate. As he made abundantly clear, he has a long-standing interest in this issue and has done a lot of work on it over the past decade. I welcome this opportunity to respond, and I will address as many of the points that he and others made as I can in this reduced time.

First and foremost, I want to express my total disgust at cases of modern slavery and human trafficking. The Government are steadfast in our determination to prevent these heinous crimes from happening, to support genuine victims and to bring perpetrators to justice. This is an ever-evolving threat, and our policy levers need to keep pace with changing trends.

I pay tribute to the previous Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), and the former Member of this House, Anthony Steen. I second the comments from my hon. Friend the Member for Wellingborough, who thanked my right hon. Friend the Member for Maidenhead for all her work on the landmark Modern Slavery Act, and Anthony Steen, who was one of the early advocates in this field and is now the chair of the Human Trafficking Foundation. I thank them and all others who have contributed to our efforts in this space.

The former Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), worked very hard on this issue for three and a half years. I recall that in one of the first meetings I had with her when I was a new MP, she talked about upstream work and about looking internationally. Her work in this field required foresight and effort. We must not forget to thank those who have worked hard on this issue.

I was going to outline in detail the difference between human trafficking and people smuggling, but I do not need to because my hon. Friend the Member for Wellingborough did that most eloquently—I will save half a minute by skipping over that page. Instead, I will talk about the progress that has been made on prosecutions. Many Members have emphasised the need to increase prosecutions. It is shocking that there were only 188 live operations in 2016, as my right hon. Friend the Member for Witham will recall. That rose to 3,724 live investigations in February 2023. The Government have made real progress, and we continue to be committed to improving the criminal justice response to modern slavery and to ensuring that law enforcement has the right tools and capability to identify victims and tackle offenders.

Prosecutions have increased since the MSA came into force, other than in 2020 when there was a decrease due to courts closing during the covid pandemic. In 2021, the Government prosecuted 466 individuals for modern slavery crimes, with a conviction rate of more than 70%. Those with an interest in criminal justice will know that that is high. The Government have granted more than £1.3 million of funding to the Modern Slavery and Organised Immigration Crime unit, which operates out of Devon and Cornwall police, and have supported the development of national infrastructure to bring consistency across forces. There has also been a significant increase in activity since the Modern Slavery Act came into force, leading to better identification, information and evidence, and an increase in live investigations, prosecutions and, importantly, convictions.

Notwithstanding that success, there is a great deal more to do. The Government recognise that there are still challenges in the criminal justice system, which is why we are continuing to do more with law enforcement generally and the Crown Prosecution Service, including identifying ways of supporting victims to engage with prosecutions to help bring the exploiter to justice.

In addition, the Human Trafficking Foundation’s lived experience advisory panel will work with the Modern Slavery and Organised Immigration Crime unit. I hope that this collaboration will help to enhance guidance and ensure that the police take account of victim and survivor experience. I am grateful to Justice and Care for its work in this field, and to the victim navigators. We welcome their use by law enforcement agencies across the UK.

It is hoped and expected, through intense preparation, that the Online Safety Bill will assist in this area. The Government will add section 2 of the Modern Slavery Act to the list of priority offences in the Bill. That section makes it an offence to arrange or facilitate the travel of another person, including through recruitment, with a view to their exploitation.

Right hon. and hon. Members said that sentencing needs to be looked at and raised concerns about the low level of sentences handed down by courts relative to other offences. The Modern Slavery Act 2015 gives law enforcement agencies the tools to tackle modern slavery, including a maximum life sentence for perpetrators and enhanced protection for victims, and following consultation in August 2021, the Sentencing Council published new sentencing guidelines for those convicted of modern slavery in England and Wales, but further progress is needed. Judges and magistrates now have clear dedicated guidelines when sentencing adult offenders who are guilty of offences under the 2015 Act, including slavery, servitude, forced or compulsory labour and trafficking for the purposes of exploitation. The new guidelines came into effect in October 2021 and aim to promote consistency of approach, improve the general area and help the courts to pass appropriate sentences when dealing with modern slavery offences.

[Sarah Champion]

Will the Minister give way?

[Miss Dines]

I will make a little progress. I will mention at this point that I listened carefully to the hon. Member for Champion—[Interruption.] Sorry, the hon. Member for Rotherham (Sarah Champion)—I will be reminded about that later by my hon. Friend the Member for Rother Valley (Alexander Stafford). The hon. Lady has done some hard work on this subject, and I took a clear note of what she said. I will give way to her briefly, but there really is not much time.

[Sarah Champion]

The focus on sentencing is very welcome, but is the Minister also focusing on the pull factor? Women coming over tend to be sexually exploited, and men are going into, for example, cannabis farms. If we could be tougher and put legislation around the pull factor, rather than just dealing with the outcomes, that would be really helpful in preventing this awful crime.

[Miss Dines]

The hon. Lady makes an important point. It is exactly about the pull factor, and not necessarily just because of gender-specific professions or exploitation, such as cannabis farms or the sexual arena. We must be careful about the pull factor; when he was giving evidence yesterday, the Prime Minister said that the pull factor is a big factor and we must be careful. When concerns are expressed about changing the present regime, as has been elucidated over the past two days in the main Chamber, we must be cautious because, as the Prime Minister said, we do not want to create a pull factor, whether it is for children or a particular class or group of individuals who may be running the criminal activities or being exploited in the way that the hon. Lady said. That is really important.

I know that cuckooing is close to the hearts of several Members who have spoken today, particularly my hon. Friend the Member for Thurrock (Jackie Doyle-Price). The Government fully recognise the exploitation and degradation associated with that pernicious practice and are determined to tackle it. The Home Office-funded National County Lines Co-ordination Centre has identified all national law enforcement initiatives designed to tackle cuckooing, and the Government are actively considering whether new legislation is needed. It is an important item under consideration, because it is a most dreadful crime. We really need to protect the most vulnerable in our society. The Government’s recently issued antisocial behaviour action plan will engage stakeholders, and I am hopeful that there will be a new criminal offence in this area.

I know that hon. Members also feel keenly about victim support. The United Kingdom continues to meet its obligations to support victims of modern slavery as a signatory of the Council of Europe convention on action against trafficking in human beings, or ECAT. The support given by this Government is unparalleled, and indeed a world leader, valued at over £300 million over a five-year period. As we all know, the Home Office funds the modern slavery victim care contract, which supports victims in England and Wales to give them access to vital support they need to assist with their recovery. That includes, as has been mentioned today, access to safehouse accommodation, financial support and a dedicated support worker.

The Government are committed to ensuring that the national referral mechanism effectively supports both victims to recover and the prosecution of their exploiters. Statistics show that the better someone is supported, the more likely they are to give evidence and bring their exploiter to justice through the Crown. We made it clear in the Nationality and Borders Act 2022—as a former Home Secretary, my right hon. Friend the Member for Witham, is keenly aware of this—that where a public authority, such as the police, is pursuing an investigation or criminal proceedings, confirmed victims who co-operate and need to remain in the UK in order to do so will be granted temporary permission to stay for as long as they are required to be in the UK to support the investigation.

I will turn briefly—I have only three minutes left—to child victims. Concern has been voiced that adults get better care, and there appears to be some evidence of that and of care being patchy across the country. That must be addressed by local authorities, other stakeholders and mental health services. As the safeguarding Minister, I am concerned if young people are less effectively protected when they are in the care of the state. Sometimes children are less protected than adults and that cannot be allowed to continue. The Government are working very hard and other options are being considered.

The Government have, to their credit, rolled out independent child trafficking guardians to two thirds of local authorities in England and Wales, but more needs to be done. Those guardians are an effective and additional source of advice for trafficked children, and they can advocate on the children’s behalf. We know from the debate that that approach has been successful. A staggered approach to roll-out has been adopted, with robust built-in evaluations along the way to make sure the service meets the demands of vulnerable children. That must evolve to do better.

We will continue to review how the needs of individual children are best met through the programme. We must not allow children to be taken away from a place of safety—a children’s home or a foster placement—to be abused and then brought back in. That simply cannot be tolerated. Local authorities must work harder and in close co-operation with the police. Across the country, there must be no area—ethnic or geographical—where standards are not good. We will work harder to protect child victims.

In the debate, right hon. and hon. Members said clearly that a commissioner must be appointed. The Home Secretary recognises the importance of the role of the Independent Anti-Slavery Commissioner and has launched a new open competition to recruit for the role. The advert for the role went live last month and the advertising has just concluded. The process is going as quickly as possible. It is hoped that all necessary steps will be taken in a short period and that the best person for the role will be recruited. There will be news very soon. The position has improved from a few months ago when there was not even a competition. I can reassure the House that there is movement in that area.

In our modern slavery strategy, we are still regarded as a world leader. The Illegal Migration Bill is essential to make sure that our borders are properly protected and that criminal gangs do not bring people into exploitation. There is a need for reform. I need to wind up, so I cannot say as much as I wanted to, but I will say that there will be protection, and vulnerable people will not be removed unless the disqualifications under the Nationality and Borders Act apply. I am able to commit to a meeting, as hon. Members asked.

The points raised by my right hon. Friends the Members for Maidenhead and for Chingford and Woodford Green (Sir Iain Duncan Smith) were addressed in yesterday’s debate by the Minister for Immigration, who stated that there is evidence that, unfortunately, the Modern Slavery Act has enabled some false applications. The 3,500 referrals envisaged on the passing of the Act have risen to 17,000 referrals and there is evidence of abuse of the system. In 2021, 73% of people who arrived on small boats and were detained for removal made modern slavery claims, so more needs to be done, but I can commit to ensure that genuine victims are discussed in a meeting with the Immigration Minister and interested parties.

Change of Name by Registered Sex Offenders

Sarah Champion Excerpts

Thursday 2nd March 2023 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

I beg to move,

That this House has considered the change of name by registered sex offenders.

I am grateful to have the opportunity to lead this debate. I thank all the Members who have supported this campaign. I particularly thank the survivors, many of whom are here today, for their tireless work to try to close this loophole and make sure no one else suffers as they have been forced to.

This debate is specific: it is about registered sex offenders changing their name without the knowledge of the police, leading to many offenders going missing, securing a Disclosure and Barring Service check under the new name and then reoffending. Unless this loophole is closed, it makes a nonsense of the schemes the public rely on to detect offenders. For example, the sex offenders register, the child sex offenders disclosure system, the domestic violence disclosure scheme and the Disclosure and Barring Service all rely on having the correct name.

I first found out about this dangerous loophole through the incredible campaigning work of the Safeguarding Alliance three years ago. Its findings and the impact this has had on survivors are truly chilling. I have repeatedly raised the issue with the Home Office and Justice Ministers, as well as the Master of Rolls, who oversees the enrolled deed poll, yet still no tangible change has taken place.

Currently, under the Sexual Offences Act 2003, all registered sex offenders are legally required to notify the police of any change in their personal details, including a change of name and address.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for bringing this forward. I think every one of us in this House supports her in everything she does, and we greatly admire her tenacity and courage on these issues. Unfortunately, I cannot stay for the debate as I have other engagements, but does she agree that the fact that, from a period in 2019 to June 2022, there were 11,536 prosecutions of sex offenders for failing to notify the police of a change in their personal information, such as their name, shows the scale of the issue and demonstrates that we must legislate to protect our vulnerable as a matter of urgency? I know that is what she wants and it is certainly what I want as well.

[Sarah Champion]

I thank my hon. Friend, who is as tenacious as I am in trying to challenge these gross abuses of the system. The figures he quotes are Safeguarding Alliance figures that it got as a result of freedom of information requests, but they are only for some police forces, so the scale of the issue is much greater than even that shocking figure.

If a registered sex offender wants to change their name, they must tell the police within three days, or they could face up to five years in prison. But these notification requirements leave the onus entirely on the offender to self-report changes in their personal information. If the sex offender breaches these requirements, and therefore faces prison, they must first be caught.

Data that I and others have collated shows that the scale of this issue is breathtaking. The Home Office confirmed, in responses to my written parliamentary questions, that over 16,000 offenders were charged with a breach of their notification requirements between 2015 and 2020. A Safeguarding Alliance FOI request to the Crown Prosecution Service found that over 11,500 registered sex offenders were prosecuted for failure to notify changes of information between 2019 and 2022. Those breaches are likely to have been for name changes or other such changes. It is clear that offenders are changing their names and not disclosing their new name to the police, but the exact scale of the problem remains impossible to capture. It is important to emphasise that these are only the cases we know about: many more offenders could have breached their notification requirements without the police’s knowledge. Offenders are also required to visit a police station to comply with notification requirements, but only once a year.

Evidently, thousands are getting caught when they breach their requirements, but it appears that many are not. An FOI request by the Safeguarding Alliance to police forces confirmed that at least 913 registered sex offenders have gone missing between 2017 and 2020. However, only 17 of the 45 police forces responded to the request, indicating that that figure is only the tip of the iceberg.

New data secured by the BBC demonstrates the same ongoing pattern, allowing offenders to slip through the cracks. Over 700 registered sex offenders have gone missing in the last three years. It is highly likely that they breached their notification requirements without getting caught, making them an active risk to the public. Again, only 31 of 45 police forces responded to that request.

Many offenders are following the rules. At least 1,400 registered sex offenders have notified police forces of name changes in the past three years, with 21 of the 45 police forces able to provide that data. However, the number of cases where notification requirements are not being obeyed far outweighs those where they are. We cannot rely on a system that depends on registered offenders self-reporting changes in their information. If we do not urgently improve the system, we will have to accept that hundreds more offenders will continue to disappear from the system meant to safeguard us.

When I first learned about this breach, I spoke to my local police chief. He was genuinely stunned. We was unaware of the loophole and asked how he was meant to find someone when they no longer knew who they were looking for. If we are going to protect children and vulnerable people, and prevent further abuse, we must be able to keep track of those who are already known to be a safeguarding risk. Unless we address the failure in the current system, police will continue to be unaware of a name change and the sex offenders register will not be up to date with the new names, therefore considerably reducing its effectiveness.

It is vital we remember not only the danger posed to society by sex offenders changing their names, but the devastating impact it has on their previous victims. Della Wright is an ambassador for the Safeguarding Alliance and a survivor of child sexual abuse. Della has spoken so bravely to tell her story in support of so many other victims who have been impacted by this serious safeguarding loophole. I pay huge credit to her, as her tenacious campaigning is what has brought this issue to public attention.

When Della was a child, a man came to live in her home, becoming one of her primary carers and repeatedly sexually abusing her. Years later, when Della reported the abuse, her abuser was already known to the police and he had committed further sexual offences against many more victims. Della was made aware that he had changed his name; he had changed it at least five times, enabling him to relocate under the radar and evade justice. When Della’s case was finally brought to court, he again changed his name, this time in between being charged and appearing in court for the plea hearing. That slowed down the whole process as new court papers needed to be submitted in the new name.

The additional distress to Della made a complete mockery of the justice system, but sadly Della’s case is far from unique. The Safeguarding Alliance is working with dozens of survivors—a number of them are here today—who have discovered their abuser has changed their name. Many say their perpetrators change their name before charging, meaning their birth name remains unmaligned. Perhaps most chilling for me is that, with a new name, they can apply for a new passport and driving licence, which means they can apply for a clean DBS check in that new name.

[Judith Cummins (Bradford South) (Lab)]

I thank my hon. Friend for securing this important debate. Does she agree that, in addition to ensuring that registered sex offenders have markers on their files at the Driver and Vehicle Licensing Agency and His Majesty’s Passport Office, the DBS should require all applicants to produce a birth certificate to better verify their identity?

[Sarah Champion]

I support my hon. Friend’s recommendation. Anything we can do to try to close this loophole I support, because the scale of it and the fact that the systems we have in place are not working mean that we need—Minister, we need—urgent attention and urgent reforms.

BBC research found that more than 2,000 criminal record checks carried out by the DBS in the past three years flagged that the applicants had cautions or convictions, and that they had supplied incorrect or missed out personal details, such as their past names. Those figures are shocking. It is a relief that the DBS found so many of those cases but, if even a few slip through the gaps in the system, the consequences are devastating.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I pay tribute to the hon. Lady and I hope my name was added in support of this debate. It is breathtaking. I raised the issue over six years ago when we had the case of Ben Lewis, who changed his name after being convicted and put on the sex offenders register. He then turned up in Spain, working with children. It was only found out about accidentally, I think through the Australian police. The Home Office acknowledged that this was a problem and said it was taking it on board. There are 67,000 sex offenders on the register in this country and 16,000 have changed their names. This is not just a tip of the iceberg—it is deliberately being used as a cover for their identity and potential future criminal activity. Does she agree that, frankly, other than in exceptional circumstances, people on the sex offenders register should not be allowed to change their name while they are on the sex offenders register and that, secondly, there is absolutely no reason that somebody in prison should be able to change their name while they are serving a prison sentence? It is not necessary and it is clearly for ulterior motives that cannot be good.

[Sarah Champion]

My personal position is that when someone carries out such heinous crimes, some of their liberties will be taken away. We need the Minister to look very closely at what those liberties are, particularly when there is an incredibly apparent safeguarding risk from names being changed, as the hon. Member outlined. I will come to Ben Lewis, because his case outlines a number of flaws in the system.

Let me say to the Minister that our systems are not joined up. People are actively looking for those weaknesses and exploiting them. I urge her to do all she can to close them as quickly as possible.

[Jim Shannon]

The hon. Lady is being very generous. My constituents, and those of the hon. Lady and of all Members, want legislation to give safety to mothers and children. We do not see that at the moment, as she has reinforced to the Minister. Does she feel that this debate should be the start of a campaign to change legislation to protect those who are under threat?

[Sarah Champion]

I completely agree. So many MPs are here, even though on Thursdays we are usually in our constituencies, because they have changed their diaries to show their support and solidarity. I hope that the Minister recognises that.

Registered sex offenders are supposed to inform the police if they go abroad but, again, that does not always happen. Let me turn to the example of Ben Lewis. He was a registered sex offender who changed his name, moved to Spain and obtained a clean DBS check under his new name. He then worked in British schools in Madrid until he was arrested for further offences. I am in touch with the mother of one of the children he abused, and I thank her for all her campaigning to raise awareness of this safeguarding failure, but it should not have happened. Action to stop it happening is long overdue.

Almost two years ago, with cross-party support, I tabled a new clause to the Police, Crime, Sentencing and Courts Bill, which required the Government to conduct a review into registered sex offenders changing their names. The review has been completed, but Ministers say that it is an internal document and that the findings will not be published. The Home Office also asked former chief constable Mick Creedon to carry out an independent review into the management of sex offenders in the community. One assumes that it should have covered this issue—we do not know the terms—but, again, we have no information on its findings.

This is clearly a matter of acute public interest. More than 37,000 people signed a petition calling for action more than two years ago. Public money is being spent, but we have seen no outcomes. We need transparency to know that Ministers are working to provide solutions to these issues. I would be grateful if the Minister updated us on those reviews.

What can be done to address the loophole? There are simple, immediate changes that could take place to address some of the safeguarding failures. The College of Policing guidance states that police can take pre-emptive action where an offender is likely to change their identity or leave the country. Those actions include requesting the Passport Office and the Driver and Vehicle Licensing Agency to put an electronic marker on the offender’s file to alert the officer in charge if an application should be made. As I said, a driver’s licence or passport is required for a DBS check, so that would also prevent registered sex offenders acquiring a clean DBS check if applied to all registered sex offenders’ files. However, the guidance states:

“To avoid unnecessary or high volumes of requests to these agencies, enquiries should be limited”

to where, apparently, a specific risk factor applies. That means that it is not being applied to all sex offenders, though I would say that all registered sex offenders are a risk.

I believe that this electronic tagging must be mandatory for all registered sex offenders. I accept that that would only retrospectively alert the police to a name change, but at least it would enable them to act and to keep track of an offender’s identity once a breach occurs, so it would be better than what we have already. It would not pick up on cases in which offenders have already changed their name, so I will do everything I can to work with the Minister and find a solution where offenders have already carried out that change.

In response to BBC FOI requests, neither the Passport Office nor the DVLA was able to provide detailed answers about how often they actually use these measures. The deed poll records team at the Royal Courts of Justice said that

“we simply enrol the change of name applications completed by the applicants.”

That is a very passive position to take. They did say that they would

“check for particular change of name for specific year when a Data Protection Act request had been received”.

Again, that requires police or Ministers to proactively ask for that information, which a sex offender can just change without any restraint. I understand that there may be sensitive information linked to such requests, but parliamentarians and the public must be assured that systems are being used effectively.

I appreciate that electronically flagging every registered sex offender’s file requires additional resources, but surely preventing the risk of more offences would be worth the costs. To be clear, when sex offenders are no longer on the register, such a requirement would not be necessary, in my opinion. However, the current system is being exploited by hundreds of sex offenders, and action needs to be taken now.

I am not asking for a ban on all registered sex offenders changing their name. We must take a nuanced approach, and in any case how would we monitor the scheme if the responsibility were left to them? Circumstances differ, and we must allow police the operational independence to make decisions as to whether offenders should be able to change their name. However, where such decisions are made, victims and survivors must be informed, safeguarding must be prioritised and the systems must be joined up so that registered offenders can be tracked regardless of the name they use.

--- Later in debate ---

[Mark Fletcher (Bolsover) (Con)]

In anticipation of the speech of the hon. Member for Birmingham, Yardley (Jess Phillips), I should say that I think we are all slightly baffled as to why we are here. This is a ludicrous loophole and we know that it is a problem. We have found out, to a certain extent, the scale of the problem, although there are still questions about that. The fact that there is a problem and that it should be solved is agreed, I think, by Members on both sides of the House, although I wait to hear from the Home Office on that front. It is very clear that we should be solving it. I did a local media interview yesterday, because I had a ten-minute rule Bill on the same subject, and the local BBC reporter, who was trying their very best to be devil’s advocate and to be impartial, reached the point of saying, “Are you banging your head against the wall? This seems an absolute no-brainer.” I feel that the hon. and learned Member for Edinburgh South West (Joanna Cherry) strayed into that territory.

I shall go back to where I intended to start, which is to thank the Backbench Business Committee for granting the debate. I also thank the hon. Member for Rotherham (Sarah Champion) not just for securing the debate, but for all the work she has done on the issue. As she knows, I am a latecomer to the matter: I have ended up in this world because of some constituency casework. However, having spent the past two months or so looking into it, I cannot say that I am any the wiser as to why it has not been solved. Undoubtedly, there are some complications. She and I have a small and minor disagreement about how to solve the matter, and I will touch on that.

I should also say thank you to the staff of the Safeguarding Alliance, as I did yesterday, who have provided so much data, so much leadership and so much coherence, and who, I fear, have been banging their heads against the wall a lot more than I have in recent times. It is a great credit to them that so many MPs are in the Chamber today. Many of my Conservative colleagues are in Windsor for an away day. Some lucky Whips and others have drawn the duty of avoiding that, and it was probably wise of them to volunteer to do so.

I do not wish to draw on any of the details that I covered in yesterday’s ten-minute rule Bill, when I set out the problem, as the hon. Member for Rotherham did today, and the sheer horrendousness of this situation. It feels as though we are prioritising the rights of sexual offenders over the rights of the general public and over the rights of people who need to know whether the people working in their schools are safe, whether the people working in their care homes are safe, whether their partner has a past or whether someone who is interacting with their child is safe.

Yesterday, I drew on the Ian Huntley situation and the Bichard inquiry, to which the hon. and learned Member for Edinburgh South West referred only seconds ago. That happened in 2004, and yet here we are in the same situation, still talking about the need to prevent sex offenders from changing their name. It is worth noting that the Disclosure and Barring Service that we now use came about as a result of Ian Huntley’s horrendous actions. Indeed, the Bichard inquiry led to the creation of the DBS system, and it is that very system that is being undermined by the ability of offenders to change their name and to escape recognition, thereby creating a blind spot for the authorities.

The hon. and learned Lady and I have a small disagreement over what needs to be done. I am not necessarily sure whether either of us would object to the other’s solution being accepted; it is the problem that needs solving. None the less, it is worth stating to the Minister, in advance of her speech, that I am pretty solutions-agnostic. The fact that there is a problem and that it needs solving is beyond dispute, but how we get to solving that problem is crucial. I think it is worth acknowledging that there are complications to what we are trying to do. Undoubtedly, they are what Home Office and Ministry of Justice officials will use to try to prevent any progress, so I shall put those complications on the record now, so that we can consider them together.

First, we have long and established common law rights in this country to change our name. That is well established in law. My perspective is that a person surrenders certain rights when they are charged and found guilty of an offence by the state. That is my opinion; it is not necessarily the opinion of this House, because we have not voted specifically on this issue. However, as I said yesterday, we have prevented prisoners from exercising their voting rights, which is a clear comparison.

It is worth noting that changing our name through the unenrolled process could not be easier if we tried. Effectively, the wording is:

“I [old name] of [your address] have given up my name [old name] and have adopted for all purposes the name [new name].”

I could leave this Chamber being called John Bercow if someone would kindly countersign my form. It is that simple. I use that example perhaps facetiously. I certainly do not wish to bring Mr Bercow back into this Chamber in any way, shape or form, but it is worth considering that that is the unenrolled process.

There is a slightly different system if someone wants to take the legal route. I changed my name when I was seven years old. My original name is Mark Hannington, which is my dad’s name. I changed it because my mum remarried. It is relatively common and, indeed, incredibly easy to change one’s name. I know that we are talking about a very extreme situation here, because we have to go through those who have committed an offence, are on the sex offenders register, and then wish to change their identity, and then may get a new document and then may get a DBS check. It is a flow chart that has to be followed through. We should consider the processes involved, but it is, none the less, an incredibly easy thing to do.

Yesterday, the Home Office released a statement in response, in part, to the BBC’s latest research, on which the hon. Lady has already touched, about our incredibly “robust” response. I found myself laughing about that in more than one local media interview. I find that very difficult to defend, because it is not a robust response. It might look tough on paper and Home Office officials might have persuaded themselves that this is actually a robust system, but the sheer scale of those breaching the system is huge, and that is before we even get on to the ones that we do not know about. I give great credit to the hon. Member for Rotherham for being so polite when she touched on that particular section; I will not be as polite when I come to her amendment to the Police, Crime, Sentencing and Bill in, I think, 2021. Our robust system is no such thing.

One thing we have not touched on is this: what is the sex offenders register? We have 43 different police forces in this country. They each have a version of the sex offenders register, which is usually highly localised. It is, in effect, a document or an Excel spreadsheet of some variety that sits with that force. The super-important national system that captures all offenders and is easy to refer to is no such thing, as I was horrified to discover from my discussions with the Safeguarding Alliance. It is part of the system and it sounds official—it sounds good—but it is not the robust and safeguard-friendly system that we would like to see.

[Sarah Champion]

I pay tribute to the hon. Gentleman, who has used every tool that the House provides to fight this campaign and I am grateful to him for doing that in such a cross-party way. On the specifics of the national database, there is HOLMES 2—the Home Office large major enquiry system—but it requires the officer to input the details. It does not flag, so it means that they have to know that someone has changed their name to know that they need to look for them, and the once-a-year check gives someone a lot of scope to go around in their different identity. It is madness. The public believe that the systems are there; they are not there.

[Mark Fletcher]

I thank the hon. Lady for her intervention. I hope that the cameramen who cover the Chamber had the hon. Member for Birmingham, Yardley in shot, because her facial expressions said almost everything that I would want to say about that, but I am not necessarily sure that I can.

It is undoubtedly true that there are complications around name changes. The simplest of those is that someone on the sex offenders register may get married, which may provide a complication or a barrier—again, I refer to my previous statements about giving up certain rights. Complications have also been alluded to with regard to changing gender, on which we have heard two excellent speeches, so I will not touch on that further.

Another complication, however, which falls outside what I suggested in my ten-minute rule Bill yesterday, and which I think was vaguely alluded to earlier, is the growing trend for someone to change their name when they are charged with an offence—not necessarily when they have been found guilty, but during the process before they go to court. Someone charged with an offence will therefore go through the court under their new identity—we often see cases in the newspapers of someone “also known as”—then once they have been found guilty, assuming that they are in this instance, and come out the other side, they change their name back to what they were originally known as.

That situation is a bit more complicated. If my ten-minute rule Bill had a flaw—it probably had more than one—it is that it did not capture that. Hon. Members have already alluded to two documents that we keep with us throughout our lives, however: our birth certificate and our national insurance number. They do not change, so if we want our system to be robust, the answer lies in those two bits of information.

--- Later in debate ---

[Sir Paul Beresford (Mole Valley) (Con)]

I must congratulate the hon. Member for Rotherham (Sarah Champion) and my hon. Friend the Member for Bolsover (Mark Fletcher) for putting the case extremely well yesterday and today. I was also fascinated by what the hon. and learned Member for Edinburgh South West (Joanna Cherry) had to say based on her experience—and for people dealing with these individuals, it is some experience.

I will not repeat the exercise of describing the problem, or come up with any sort of solutions, but the United Kingdom has probably led the way on legislation dealing with the protection of children. We started that with a proactive approach—rather than a reactive one—which I think is the right way to do it. If it is possible, we get the offender before the offender has got the child. That is the thinking, in a way, behind what we are talking about today.

I went on a parliamentary police course with the Metropolitan police in the early 2000s, which included a session with the Met police paedophile unit. Most people read about cases on the front pages—or some other page—but they do not really know; they do not really have a feel of what it was like. That session with the unit was an enormous shock to me—an absolutely mind-boggling shock. It is unbelievable what some people will do to children.

I asked the then DCI Bob McLachlan, who was head of the unit—a relatively small one, which was a fraction of what it is now—a stupid question. I asked him if he could give me a wild guess about how many active paedophiles there were in England. This was 20 years ago, before the internet really got hold of it, and he said that there were enough active paedophiles in this country to have one for every street. He also said that 20% of them were female. Half of that 20% were females working with males, but the other 10% were females working without males. That has since changed—not the percentages, necessarily, but the numbers—because of the internet.

The biggest basic ground-level step, along the lines of protecting children proactively, was the 2003 anti-grooming legislation. It was a big step; we were the first country to do it, and it has been mimicked across the world.

I know a senior barrister who has worked on a considerable number of high-profile child-protection cases, both as a prosecutor and defender. She said to me, after a glass of wine, that these individuals are the slipperiest, most devious liars she has ever met. It must be expected that what is colloquially known as the “sex offenders list”—there is no actual list that we can look at, but that is the way that the papers put it—means that these individuals will try to get around the system.

They take jobs because the job is secondary to the primary thing they want to do, which is to abuse children. Many have tried to change addresses, and we had to change the law several times to overcome that difficulty. Many of them have got around, for a while, the attempts by the police or probation officers to inspect, but we changed that loophole.

Today, we are looking at another loophole that we can change. If the Minister, for whatever reason, is not going to take forward the ten-minute rule Bill, he can do what happened before we brought in the legislation on grooming. He can put together a small team to look at the problem and come forward, quickly, with legislation that is acceptable to the Department, and to us, to close that loophole. That is what David Blunkett did.

[Sarah Champion]

My hon. Friend was one of the first Members to speak to me about the risks that paedophiles, in particular, present to society. Does he agree that the biggest flaw in the legislation around changing names by deed poll is that it is entirely based on the honour and honesty of the sex offender to give the correct details to the current scheme? That is the loophole that we have to close.

[Sir Paul Beresford]

I completely agree. Putting honesty and these individuals together is an almighty clash; they do not match.

David Blunkett set up a small team in the Home Office to look at the child protection legislation in 2003, and he asked me to join that small team, along with a man called DCI Dave Marshall. As we were starting to look at this, there was a terrible case in which an individual in London had rung a telephone number advertised in Texas. He asked, when the phone was answered, if they could provide him with a five-year-old child for sex. The Texan said, “Come on over; sure we can.” The individual said, “I can’t come over. Can you give me the number of somebody in London?” The Texan cop—because it was a sting—said, “Yes,” and gave the number of the Met police paedophile unit, fortunately.

When the individual rang there, the unit said, “Yes, we’ll provide you with a five-year-old child,” and, of course, when he knocked on the door, expecting a five-year-old child, he got a 6-foot-something police officer, who arrested him. But, the big problem was that they did not know for sure what legislation could be used to prosecute the individual, because he had not seen a child, had not touched a child, and so on. That is where we went back and came up with the grooming legislation.

There is now an opportunity for a loophole, and the paedophiles will constantly look for loopholes, but a loophole can be changed. I hope that, if the ten-minute rule Bill is not acceptable, the Minister will set up a small team of competent people, with both sides of the House represented, as well as police, officials and lawyers, to come up with something quickly to shut down the loophole, because it will be abused. I suspect that—as I have found when dealing with this type of legislation—the people who will avidly read the Hansard report of the debate will be paedophiles, and that some who had not thought of changing their names will now think of doing so and of using and abusing the loophole. Our children are too precious; we have to look after them. I want my grandchildren to be safe.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

I start by thanking the hon. Member for Rotherham (Sarah Champion) for her work on this important issue and for securing the debate. I welcome those in the Public Gallery and those listening at home, and I thank the Safeguarding Alliance for all its work. To each and every person who has been sexually abused, be they male, female, young, old, children or adults, I say that the Government do take it seriously.

I reassure Members that we recognise their concerns. It was amusing to hear my hon. Friend the Member for Telford (Lucy Allan) say that junior Ministers come and go. Of course she is right—we do—but in the short time I am here, I want to make sure that I make a difference on this issue. I have some experience in this field from a job I held previously, and what is salient for me is looking into the eyes of somebody who has been abused, or those of their mother, brother, relative or friend. It is horrendous. These crimes are heinous, and the Government must do more to crack down on those who perpetrate them.

As safeguarding Minister, I reassure the House that I am committed to ensuring that we have the most robust system possible for managing registered sex offenders. While a lot of criticism is made of the system for good reason, it is salient that we are still considered, as my hon. Friend the Member for Mole Valley (Sir Paul Beresford) said, to be one of the most stringent countries in the world for the management of sexual offenders, not least because of the sterling work that people in this House have done. But it is not enough, and more has to be done.

It may assist the House if I set out some of the general background in this area. I know that some here will have heard this before, but for those listening at home and for the record, I will turn to the specific concerns regarding registered sex offenders and name changes. Members will be aware that registered sex offenders are required to notify the police of certain personal details. This system is often referred to as the sex offenders register and it applies automatically to those offenders who receive a conviction or caution for a sexual offence. They are required to provide their local police station with a record of, among other things, their name, address, date of birth, bank details and national insurance number, and that must be done annually and, importantly, whenever their details change. That means that registered sex offenders are legally required to inform the police if they change their name. Offenders who are subject to notification requirements are also required to notify the police of all travel outside the United Kingdom. Breach of the notification requirements, including failure to provide notification of a name change, is a criminal offence punishable by up to five years in prison.

We know that some individuals pose a risk beyond that which can be properly managed by a straightforward notification requirement. We also know that there are individuals who come to the police’s attention and pose a risk, but who have not been convicted of an offence. The Anti-social Behaviour, Crime and Policing Act 2014 reformed the civil orders available to the police on application to the court to manage those risks. It introduced sexual harm prevention orders, which can be applied to anyone convicted or cautioned for a sexual or violent offence; and sexual risk orders, which can be applied to any individual who poses a risk of sexual harm, even if they have never been convicted. Those orders have been deliberately designed to be as flexible as possible so that they can be tailored to the specific risk an individual poses. They can be used to impose any restriction the court considers necessary to protect the public from sexual harm, which can include restrictions on the ability of the individual who is subject to the order to change their name—something that should be used more frequently, in my view. For both orders, breach is a criminal offence punishable by a maximum of five years’ imprisonment.

Moving on to recent changes, registered sex offenders have committed some of the most abhorrent crimes and we must ensure that our approach mitigates the risk of their seeking to exploit weaknesses in the system. Following proposals from the National Police Chiefs’ Council based on feedback from operational policing on how things can be improved, which the police always have an eye to, we have made changes to the Police, Crime, Sentencing and Courts Act 2022. It is now the case that through both SHPOs and SROs, the courts can impose positive obligations as well as restrictions, including requiring an offender to engage in a behavioural change programme. That is totally new and it has helped in some cases. None of these things will be a panacea, but they do assist. The court must also apply the lower civil standard of proof—namely, the balance of probabilities—which will lead to an increase in such orders being made.

The Secretary of State has a new power to prepare a list of countries deemed to be at high risk of child sex abuse by UK nationals or residents. That list has to be considered by applicants and the courts when applying for or making an order for the purpose of protecting children outside the UK from the risk of sexual harm.

In addition, to ensure that the police, His Majesty’s Prison and Probation Service and others have the right systems in place to share information on registered sex offenders and other dangerous individuals, the Home Office and Ministry of Justice are investing in a new multi-agency public protection system—MAPPS. The new system will enable more effective and automated information sharing, which will, in turn, improve the risk management of all offenders managed under multi-agency public protection arrangements.

[Sarah Champion]

I believe that many Members are aware of the legislation and restrictions that are being outlined. Does the Minister believe that they are robust enough when a sex offender chooses to ignore them?

[Miss Dines]

The hon. Lady raises a good point. I never believe that any system designed to protect children and adults—be they men or women, boys or girls— is ever robust enough. There is always a way for a deceptive, calculating perpetrator to get round it. It is not enough for a Government to say, “We’ve done something, which is great.” The Government have to be conscious not to just park that on the side, but to constantly look to the next reform. I hope we can work together to achieve that spirit. To give more context, it is planned that MAPPS will replace the violent and sex offender register—ViSOR—next year.

I turn to the issue of name changes, and some of the good and interesting points raised by Members. I recognise and understand the concerns hon. Members have raised, and I reassure them that this Government and I take these issues seriously. Public protection is and will remain our utmost, foremost priority. I have already outlined the legislative measures that we have put in place, but there is, of course, more that can be done.

There are safeguards built in at an operational level, such as through His Majesty’s Passport Office, which has a watchlist to provide some protection for the public in the passport issuing process. That includes supporting the police in managing offenders of concern, including registered sex offenders, and to prevent those who pose a high risk of harm from obtaining a passport in a new name without the police first being consulted. We also have arrangements in place for the police to notify the Passport Office and other relevant bodies of individuals who pose a risk to the public to ensure that we properly control name changes in those cases.

--- Later in debate ---

[Sarah Champion]

Thank you, Mr Deputy Speaker. I thank the Minister for her encouraging words and I really look forward to working with her to close this gaping loophole. I also thank every Member who has spoken today, and all those who could not be here but are very supportive of this. I thank the Backbench Business Committee for allowing us to have this debate. This is not a political issue, but a cross-party safeguarding issue, and I thank everybody for entering the debate on those terms.

The problem we have is that we are currently reliant on registered sex offenders doing the right thing and telling the police if they are going to be changing their name, for good reasons or nefarious ones. That system is being breached again and again. With the data we can get, which is very incomplete, we know that approximately 200 registered sex offenders are going missing a year and that 2,000 are being prosecuted for breaches of their requirements. So we know that is a problem. How big does the problem need to be before the Government close this loophole? The first step towards that is publishing the report that the Government have done: both the internal report—I understand the sensitivities, but we can have it in redacted form—and the report that is currently being done, and may have been completed, by Mick Creedon. We need to know the reality of this problem, rather than just having to rely on the incredibly brave survivors to tell us what is really happening on the ground.

Question put and agreed to.

Resolved,

That this House has considered the change of name by registered sex offenders.

Migration

Sarah Champion Excerpts

Wednesday 16th November 2022 Commons Chamber

[Robert Jenrick]

Yes, and I pay tribute to my hon. Friend for his good service in this role and others previously. He was highly respected and is missed by his former colleagues at the Home Office.

My hon. Friend is absolutely right to say that we need good engagement with Members of Parliament and, crucially, local authorities. When we are bringing groups of migrants to a local area, often with complex needs, we need to ensure the local authority is involved in that, can prepare for their arrival and provide good services. One issue that has been experienced in recent weeks is that the sheer number of individuals crossing the channel has put immense pressure on the Manston facility. As the Minister responsible, my first duty and priority was and is to ensure that Manston operates legally and decently. That has meant that we have needed to procure a lot of accommodation relatively quickly and that has meant some procedures have been weaker than any of us would have wished. I hope we can move forward from that, stabilise the situation, and get into a pattern of engaging MPs and local authorities in the manner that they deserve.

[Sarah Champion (Rotherham) (Lab)]

Today, my International Development Committee launched an inquiry into how and why the Home Office is spending foreign aid to support refugees in this country. Does the Minister have a budget or a blank cheque? Does he have official development assistance specialists in the Home Office to make sure that that money represents value? Does he think it is morally right to be spending money, which should be going to the poorest in the world, to prop up the Treasury? Other countries are spending their own money to fund refugees in their own countries.

[Robert Jenrick]

First, it is the Home Office’s responsibility to ensure that money is spent wisely and provides taxpayer value. How it is accounted for under overseas development aid or otherwise is a matter for the Treasury, not for me and my officials. But the point at the heart of this is that we need to ensure we stop people crossing the channel illegally. We do not want to be spending billions of pounds addressing this issue. The Opposition, I think, do because they oppose every single measure we take to try to address it. We want to get people out of hotels. We would like to move to a system that is based on resettlement schemes, such as the Ukraine and Syria schemes, whereby we choose people at source, they come to the UK and we are able to prioritise our resources on them, and we do not, frankly, waste hundreds of millions of pounds managing a problem of economic migrants who should not be in the UK.

Child Sexual Exploitation by Organised Networks

Sarah Champion Excerpts

Wednesday 23rd February 2022 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

I beg to move,

That this House has considered the Independent Inquiry into Child Sexual Abuse report on child sexual exploitation by organised networks.

It is a pleasure to serve under your chairship, Ms McVey, and I know that you take a keen interest in the topic.

“Children are sexually exploited by networks in all parts of England and Wales in the most degrading and destructive ways. Each of these acts is a crime. This investigation has revealed extensive failures by local authorities and police forces to keep pace with the pernicious and changing problem of the sexual exploitation of children by networks.”

Those are not my words, but the conclusion of the independent inquiry into child sexual abuse. The inquiry published its report on child sexual exploitation by organised networks, also known as grooming gangs, on 1 February this year. It followed two years of hearing and evidence gathering, of which I was proud to be a core participant. The report paints a grim picture and describes a culture that forces survivors of child sexual exploitation to fight to be believed. Those who were heard were made to feel as though they had brought the exploitation on themselves.

If the abuse was prosecuted, the victims had to relive their trauma in court, where they were brutalised by an adversarial process that lacked the empathy to support them. I thank the brave survivors and victims who shared their experience with us during the public hearings; I cannot imagine how difficult it must have been. Their experiences were so similar to those of the survivors that I know in Rotherham. It was incredibly powerful to hear about the clear and organised pattern of abuse nationally, but also so frustrating to hear that the same failings by authorities to protect and prosecute occurred all over the country.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I congratulate my hon. Friend on securing the debate and on all the work she has done on the issue over many years. I wonder if she is as concerned as I am about the online abuse that our children are exposed to? Even today, we are hearing about children having explicit images forwarded to them, and we also hear how social media is used to co-ordinate those gangs. Does she think that the draft Online Safety Bill will deliver and protect our children online?

[Sarah Champion]

My hon. Friend raises a very pertinent point, and I commend her for the work that she has done to try and prevent this hideous crime. She is right that the initial stages of grooming are now almost exclusively happening online. Today I was with the Minister for School Standards talking about that, because the Department for Education’s teaching around grooming still features someone going up to a child in a park with a bottle of alcohol and does not tackle social media. My hon. Friend is right to raise that and the online harms Bill must reflect it.

The inquiry took thousands of hours, costing millions of pounds and effectively reached the same recommendations that I and others have been raising in Parliament for years—and that relate to what survivors have been saying for decades. However, in that time, little has actually changed. CSE is still flourishing, and abusers still seem to flout the law with impunity. The Government must now take decisive action to empower local authorities and law enforcement to protect children from exploitation.

The report makes six key recommendations that provide clear actions for Government to take. I urge the Minister to act urgently to implement them in full to prevent further horrific abuse. First, the criminal justice system’s response to CSE by organised gangs must be strengthened. The law must recognise the particular nature of sexual offences where a child is exploited by two or more people. The Government must swiftly amend the Sentencing Act 2020 to provide a mandatory aggravating factor in the sentencing of such cases. Secondly, the Minister should publish an enhanced version of the child exploitation disruption toolkit as soon as possible. The Government recognised the need to do that in their tackling child sexual exploitation and abuse strategy over a year ago, but the updated toolkit is yet to be published.

The toolkit needs to make clear that the core element of the definition of child sexual exploitation is that a child was controlled, coerced, manipulated or deceived into sexual activity. Currently, English statutory guidance defines child sexual exploitation as requiring some sort of “exchange” between the perpetrator and the victim. Barnardo’s and the IICSA report agree that exploitation does not necessarily involve exchange, financial advantage or an increase in status, not least because it implies collaboration by that child. The toolkit must reflect the fact that, both to recognise the true nature of the crime and to shift from victim-blaming, the definition must be updated.

The Government must also give agencies clear guidance on building effective problem profiles for CSE that are separate from other forms of exploitation. Problem profiling draws information about child sexual exploitation from different agencies together in one place. That process should enable agencies to understand fully the nature and the extent of CSE, and to commission services, train staff and prioritise action.

Clearer guidance on the types of data that agencies should use, and on how frequently profiles should be updated, will lead to a more accurate picture of the full scale and nature of CSE. That would enable more effective action to be taken to prevent harm and to stop organisations from protecting their data rather than protecting the child.

The third recommendation is that the Department for Education should update its guidance on CSE. It needs to reflect accurately what constitutes exploitation, the significant online threats faced by children today and the prevalence of networks of offenders.

Fourthly, all updated national guidance must make it clear that signs that a child is being sexually exploited must never be treated as an indication that a child is only at risk of experiencing that harm. Local authorities must ensure that assessments of risk and harm clearly differentiate between potential harm and actual harm. Too often, victims are already being sexually exploited, but they are incorrectly categorised as merely being at risk so little action is taken to protect them.

Fifthly, police force and local authorities must collect data on all cases of known or suspected child sexual exploitation. Accurate data about CSE cases, including the sex, ethnicity and disability of both the victims and the perpetrators, will help to identify patterns of CSE offending, particularly where those offences are committed by organised networks. That data also helps police forces to take more offensive action to disrupt and investigate offenders.

Finally, the Department for Education must ban the placement in unregulated care homes of all children who have experienced or who are at heightened risk of experiencing sexual exploitation. The evidence before the inquiry identified grave concerns about the capacity of unregulated care homes to safeguard properly children placed in their care. Sixteen and 17-year-olds should never be left in B&Bs where perpetrators have 24-hour access to them. All children are inherently vulnerable and must be protected from abusers who seek to take advantage.

Although I am pleased that many of my recommendations were included in the final report, it is disappointing to see that some of the key ones were not included.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I declare my interest as recorded in the Register of Members’ Financial Interests. I congratulate the hon. Lady on all the work that she has done over so many years and I am sure that she shares with me a sense of déjà vu that a problem that we were talking about five years ago or 10 years ago persists. I remember launching the child sexual exploitation action plan back in 2011 and many of the things in that plan are things that she repeats now. Why does she think that despite the hugely enhanced awareness of CSE, which went on in the shadows before, and better training for and awareness among the police and other professionals, it is still going on, and that people still think they can get away with it and do get away with it?

[Sarah Champion]

I am blessed to be in a Chamber with people who have campaigned for decades on the issue and made changes; the hon. Gentleman is certainly one of them. To be quite blunt, I think the reason it still goes on is that it is too expensive to deal with, and too endemic, and people have just washed their hands of it. I cannot express how much it upsets me to say that, but it is the only conclusion that I can draw, namely that it is too expensive to look after these children properly.

I made recommendations that the inquiry did not take up. One was that local authorities must take urgent steps to improve the access to CSE support systems for children from ethnic minority communities. That requires the Government to mandate that institutions dealing with CSE incorporate an understanding of the range of cultural or ethnic backgrounds into the services they offer. It is deeply disappointing that the IICSA report made no recommendations on the specific issue of CSE among ethnic minority communities, despite that and the lack of cultural-specific services being a major and systemic problem.

Next, the Government cannot accept that the court proceedings must, by their nature, further brutalise victims of abuse, by forcing them to relive their trauma in repeated interactions with the police, the Crown Prosecution Service and again in court. Of course, justice must be served, but how is justice served if victims and survivors are too afraid of the legal system to come forward or give evidence? I hope that the upcoming victims Bill will provide the desperately needed changes in those areas. I strongly encourage Ministers to continue to engage with me, MPs and organisations that work in the sector, to finally get this right.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

I thank my hon. Friend for giving way and for all the work she has done over many years. Does she agree that the pressures on the court system mean that the situation will be even more challenging? It will mean even more problems for victims and those who are trying to support them. Will the Minister address the point about what she is doing with the relevant Ministries to ensure that the legal system is not failing victims of child sexual abuse, after the horrific experiences they have faced?

[Sarah Champion]

I completely agree with my hon. Friend. Rape figures were recently issued by the CPS and prosecutions are even lower than they were. In a number of cases that have not gone forward to prosecution, the victims have been blamed for disengaging with the process when the process is adversarial and they do not get the support they need to protect them from people who are largely still out in their communities. It shocks me; the whole system is wrong, and I fully support my hon. Friend’s campaign to address it.

Abusers commit horrific crimes, but we will not secure convictions unless victims and survivors are thoroughly supported throughout the criminal process. I know that the Minister is committed to tackling child abuse. I hope she agrees today that the Government will accept and implement the findings of the IICSA report. But, to be blunt, warm words mean nothing when children are still being harmed.

To highlight that, I have two local examples where I need the Minister’s help. For the past four years, Barnardo’s in Rotherham has been working, through the trusted relationships project, to support children who are vulnerable to sexual and criminal exploitation. It provides direct, one-to-one support for children and wider support for their families, and carries out awareness-raising sessions for groups of pupils in schools, as well as providing training and resources across Rotherham. However, its funding from the Home Office is due to end on 31 March. The loss of contract will mean that the four team members will have to close 35 children’s cases, and will not be able to go into schools and community groups to deliver work or do assemblies on CSE, child criminal exploitation and healthy relationships.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

I thank my hon. Friend for securing the debate and for all the work she has done over the years. I praise Barnardo’s, which has been doing a fabulous job. That funding cut would be morally reprehensible of the Government, and would leave even more children vulnerable. It would be brilliant if the Minister could reassure our hon. Friend that that funding will remain.

[Sarah Champion]

I thank my hon. Friend, who I know does a lot of work in her community. Barnardo’s, 25 years before anyone really acknowledged child sexual exploitation was a thing, was trying to prevent it. It is deeply naive to believe it is not a current crime in Rotherham, when there are more than 300 identified abusers on whom the National Crime Agency has enough evidence to take them to court, but there is no court capacity. We need help, Minister, not funding cuts at this point.

The next thing that I want to raise is the case of—and I use this word loosely—Lord Ahmed, who recently received a custodial sentence of five years and six months for two counts of attempted rape of a young girl and one for the serious sexual assault of a boy in Rotherham in the 1970s. This man is not a hereditary peer. He was given the honour in 1998 by the then Labour Government, but we threw him out of the party almost a decade ago. In 2020, the Lords Conduct Committee found that he had breached the code of conduct by sexually assaulting a vulnerable woman and exploiting her both emotionally and sexually. The Committee recommended that he be expelled from the House, but instead—

[Esther McVey (in the Chair)]

Order. Just in case this is sub judice at the moment—

[Sarah Champion]

It is not. He is in jail, and this is all in the public domain.

[Esther McVey (in the Chair)]

I was just checking.

[Sarah Champion]

The Lords Committee recommended that he be expelled from the House, but he stepped down to avoid the humiliation. The Government now need to do their duty and introduce legislation to remove his title. It is an insult to his victims, to all survivors and to justice that that does not happen automatically, so I urge the Minister to correct the situation as soon as is practicably possible.

Child sexual exploitation is not inevitable. It must be stopped, and we all must do everything in our power to make that happen.

[Several hon. Members rose—]

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

It is a great pleasure to serve under your chairmanship, Ms McVey, and it is a pleasure to follow all the other hon. Members here, who have championed with great passion and expertise the need to address this horrendous issue.

I will start by echoing other Members in thanking the hon. Member for Rotherham (Sarah Champion) for securing the debate. I thank everyone else who has participated: my hon. Friends the Members for Mid Derbyshire (Mrs Latham) and for Keighley (Robbie Moore); the hon. Member for Vauxhall (Florence Eshalomi); the hon. Member for St Helens South and Whiston (Ms Rimmer); my hon. Friend the Member for Rother Valley (Alexander Stafford); the hon. Member for Batley and Spen (Kim Leadbeater); my hon. Friend the Member for Telford (Lucy Allan); and the hon. Member for Strangford (Jim Shannon).

The hon. Member for Rotherham is a long-standing leader, as others have rightly said, in campaigning for change in how services respond to CSE, both in her constituency and more widely across the country. There was a huge strength of feeling across the Chamber; one cannot speak about this issue without being affected on a very deep level. It disgusts and appals us all. That is why we commissioned the sweeping report back in 2015 and put resources behind it, and it is why we are considering the findings of the report and all the other reports and mechanisms that have shone a light on this issue.

It is right that we pay tribute to victims and survivors. My hon. Friend the Member for Telford said that they wanted to be heard, and we have allowed them to get their voices on the record. I think that is a vital first stage towards seeing the change that we all want to see. We do not want to see other children going through the horrendous ordeals that those victims and survivors have experienced.

We are committed to tackling all forms of child sex abuse. Our approach is underpinned by the strategy that we published just over a year ago, which sets out firm commitments to drive action across every part of Government. We all recognise that this is a cross-cutting issue; it does not just sit with me in the Home Office. That is why we need a whole-system approach. It is not just about central Government; it is also about those local authorities and agencies up and down the country that have been provided with powers, resources and funding to carry out their statutory duty of safeguarding the children in their community. All of us here, including me, have a responsibility to do everything in our power to protect our children.

We set up this inquiry because we recognised that there were failings. There was no institutional denial from the Home Office; my predecessors were willing to have this report to uncover the abuses that were going on. I thank the inquiry team for the work that they are doing to improve the response to CSE.

I turn to the form of offending highlighted in the most recent report from IICSA, which has rightly generated public concern, as seen in Rotherham. The report highlighted that the impact of this vile crime has been exacerbated by organisations’ and agencies’ widespread failures to respond to and tackle exploitation due to misplaced social and cultural sensitivities. We must not shirk our responsibility to address those failures in an open and transparent way. The hon. Member for Rotherham summarised the key recommendations made by IICSA in the report. Let me reassure her and everybody else that we will consider all the inquiry’s findings, and will respond—as required—to the recommendations within six months, which is the timeframe that was set out.

The hon. Member looks unhappy. I understand that—of course she does. I wish I could wave a magic wand, but she knows that these are systemic, complex issues that involve local authorities, policing and the Crown Prosecution Service. It would be trite of me to say, “Yes, I can fix that tomorrow.” How can I possibly do that?

[Sarah Champion]

Will the Minister give way?

[Rachel Maclean]

I will, but I do have a lot to get on the record on the specific points that were raised.

[Sarah Champion]

I winced because, in the six months that it will take the Government to consider the report and decide whether they are going to accept the recommendations, how many more children will be abused? This has been going on for too long.

[Rachel Maclean]

We all share the same passion, and none of us wants to see this happening. If we could fix it overnight I am sure that we would all do so. However, I want to reassure the hon. Member, and everybody else listening to the debate, that it is not the case that nothing is happening as we wait for those recommendations. I want to come to the substantive points that she has made; let me provide specific reassurances about all those points.

On sentencing, the hon. Member states that the law must change to recognise exploitation by two or more offenders. The Police, Crime, Sentencing and Courts Bill, which is already going through the House, will deliver legislative reforms that will ensure that sexual and violent offenders serve sentences that truly reflect the severity of their crimes. I hope that the Bill will command the support of all of her party colleagues. We will, of course, carefully consider the inquiry’s recommendation on this issue, and we will work with Ministry of Justice colleagues to establish whether there is more to be done. I am sure there will be more conversations in that area.

I welcome the recommendation on the disruption toolkit, which was a key commitment in the strategy. We are on track to publish that toolkit later this year, as was set out in the strategy. That will help police and frontline professionals to better assess and tackle offending in their areas, including through the effective use of accurate and up-to-date problem profiles, which the hon. Member referred to.

The hon. Member stated that the Government must change the definition of CSE in statutory guidance. I must stress that the current definition does not require any form of “exchange”; that is only one element that may help to alert professionals to CSE taking place. However, we will of course work with the Department for Education on any changes to the statutory guidance that are needed as we consider the recommendations.

The hon. Member rightly said that the report has shone a light on the need for agencies to be absolutely clear on the difference between children being at risk of exploitation and children already being harmed. That is a crucial distinction. We are working to ensure that frontline professionals are assessing children’s needs appropriately. Only today, the Centre of expertise on child sexual abuse, which is funded by the Home Office, has introduced further guidance on how to talk to children who might have been sexually abused, helping frontline professionals to ensure that all children are effectively safeguarded.

Several Members mentioned data collection. They rightly highlighted that improving data on offenders and how they operate in different local areas is essential for ensuring an effective response to these awful crimes. That is why the Home Office has introduced a requirement for police forces to record the ethnicity of anyone held in custody for suspected involvement in CSE offences, which will become mandatory in March.

On care homes, the Government are clear that semi-independent provision can never meet the needs of children under the age of 16; the Department for Education has already banned the use of those settings. When they are the right option for some older children, high-quality provision must be available. The Government have recently announced the introduction of mandatory national standards, a new regime of robust accountability from Ofsted and over £142 million of investment.

I have noted some other points that the hon. Member for Rotherham made, which I will respond to. She mentioned the issue of victims from ethnic minority communities. The Home Office-funded prevention programme is delivering targeted work in those communities to raise awareness of child exploitation and to support professionals. I have a lot more to say, but I will probably have to write to the hon. Member about the other points she mentioned; I want to address her point about the court system.

On the trusted relationships funding in Rotherham, we are very happy to take that point up with officials and see if there is anything we can do to ensure continuity. I want to be clear that when that funding was launched, it was clear that it was a bespoke four-year fund. We wanted to gather very good evidence to see what we were spending the money on and to test that it was working. That has happened. Many other local areas have commissioned follow-up work, and we very much hope that we can get to that point with Rotherham.

I think that we are all shocked and disgusted by the situation with Lord Ahmed. Although I was not aware of this particular issue until the hon. Member for Rotherham raised it, so I have not had an opportunity to do extensive research on why he is still allowed to use his title, I personally find that disgusting and shocking, and I would like to see that title removed. I do not know what legislative options I have at my disposal, but I will meet Cabinet Office Ministers and make the case for that.

I think that I have used up my time, so I will follow anything else up with the hon. Member.

[Sarah Champion]

I thank the Minister for her response and I would appreciate a follow-up letter, if that is possible.

Recently, I watched the four-part series on Jeffrey Epstein and I was chilled. The methods that he used were exactly the same as the methods that we are seeing here. This issue is not about class, it is not about race, and it is not about religion. This is about child abusers using their position of power and influence to exploit children, and it must be dealt with wherever it is seen.

The Minister is right—there is, to be honest, a siloed approach, and Departments need to work collaboratively to address that. It is currently a postcode lottery as to whether a child’s local police force or local authority recognise that they are being exploited and have support in place for them. That has to stop, which is why I called on the Minister to ensure that there is a national service rather than it just being down to luck based on someone’s local police and crime commissioner.

For me, the fundamental point is that we should always start by listening to the victims and survivors. They know what the problem is; they know what the solution is. The result that they are actually asking for tends to be quite simple.

I do not know of any other crime where, if someone went to the police and reported it, the police officer would say, “Really?” If I went to the police and reported that my car had been stolen, the officer would not say, “Really? Are you sure? Are you sure you didn’t steal your own car?” Yet that is what happens time and time again with child abuse and with all sexual abuse.

My final point is that someone is still a child up to the age of 18. If the Government recognise that unregulated care is not good enough for children aged from zero to 16, then it is not good enough for children aged from 16 to 18 either, and I urge the Minister to reconsider that situation.

[Esther McVey (in the Chair)]

I thank all Members for taking part today; it has been a most moving debate.

Question put and agreed to.

Resolved,

That this House has considered the Independent Inquiry into Child Sexual Abuse report on child sexual exploitation by organised networks.

Oral Answers to Questions

Sarah Champion Excerpts

Monday 17th January 2022 Commons Chamber

[Priti Patel]

I thank my hon. Friend for his question; this is a very important matter. Just prior to questions this afternoon, I had a bilateral call with my homeland security counterpart in the US. Let me say a few things. First, we are working with the FBI—in fact, we have been since the incident took place—and there is a great deal of intelligence sharing and work taking place. Of course, when it comes to our domestic homeland, a range of measures are being undertaken right now, including protective security for the Jewish community. The investigation is obviously live, so I am unable to talk about the specifics.

[Sarah Champion (Rotherham) (Lab)]

Child sexual, criminal and online exploitation are all increasing in this country; they can all be addressed by joined-up working by Government Departments, robust data collection on perpetrators and a police IT system that is fit for the 21st century. That all takes money, vision and leadership. Can the Home Secretary provide that?

[Priti Patel]

Let me start by thanking the hon. Lady for her question and for her work in this area. In particular, she has worked a lot with me and my Department on the issue of grooming gangs and child sexual exploitation. A wide range of work across the whole of Government is taking place on this, including local authorities, social services and public health. That work is crucial, as is—I know she knows this and has seen it—the incredible investigatory capability of our National Crime Agency, as well as policing, to go after the perpetrators. That work is getting stronger and stronger.

Marriage and Civil Partnership (Minimum Age) Bill

Sarah Champion Excerpts

Committee stage
Wednesday 12th January 2022 Public Bill Committees

Clause 7 provides that the Bill will come into force on such a day as the Secretary of State may by regulations appoint. Different days may be appointed for different purposes. The Secretary of State may make transitional, transitory or saving provisions in connection with the coming into force of any provision in the Bill. Regulations under this section are to be made by statutory instrument. Clause 8 provides that any amendments made by the Bill do not affect the validity of any marriages or civil partnerships entered before the Bill comes into force. Finally, clause 9 is the short title.

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your chairship, Sir George. I am so pleased that the hon. Member for Mid Derbyshire has campaigned with such tenacity on this issue. She has had knocks from every side, but she has kept on going because she knows that it is the right thing to do. I am in awe that she has got the Bill to this point, and all power to her. I would also like to thank the Iranian and Kurdish Women’s Rights Organisation, Karma Nirvana and the Girls Not Brides campaign for their ongoing work to help victims and put an end to child marriage.

This is a big problem. Internationally, 12 million girls are married before the age of 18 each year. That is 23 girls every minute. The UK signed up to the UN definition of a child being someone up to the age of 18, but child marriage is still prevalent in this country. Currently our laws allow for a legal marriage to take place from age 16 with parental consent. However, Karma Nirvana’s executive director, Natasha Rattu, says that in her experience many children are pressured into these marriages by family members. Last year, over a quarter—199—of the 753 cases dealt with by the UK’s forced marriage unit were of children under 18, and 113 of those forced marriages were of children under 15.

It is often difficult to apply the parameters of forced marriage to child marriage. Child marriage violates girls’ rights to health, education and opportunity. Girls are highly likely to experience sexual and domestic violence in a child marriage and they often struggle to find a way out. If the UK wants to be a global leader on women and girls’ rights, we must begin by banishing this horrendous practice from our own communities once and for all. Between 2007 and 2017, 3,096 marriages involving children aged 16 and 17 were legally registered in England and Wales, according to the Office for National Statistics. However, we must also discuss the importance of tackling unregistered child marriages. That is why I am so supportive of this Bill.

In the last year, Karma Nirvana has offered support in 76 cases of child marriage. Only 5% of those were registered and an overwhelming 95%—72 out of 76—were non-registered and religious marriages. These marriages are never reported, which presents a really significant barrier to protection and safeguarding. It is so important that this Bill covers any marriage involving a child who lives in England and Wales, or who is a UK national—here is the crux of it—even if the marriage does not take place in this country. It also covers those who officiate the marriage, so no more turning a blind eye with this Bill.

For years I have worked to try to improve safeguarding for all children, both nationally and internationally, which is why I am delighted that this Bill will provide a huge step forward in preventing child abuse. I am proud that England and Wales will soon be able to set an example for other countries to follow—I urge the rest of the UK to do the same.

Internationally, there is still a long way to go but there is some progress. In the USA, for example, in 2017 all 50 states allowed minors to marry in some cases. Since 2018, six states have banned all marriages before 18, but most states allow teens to marry at 16 or 17 if parents and a judge consent. Nine states still have no minimum age for marriage at all. We need to ensure that more protections are in place and that the general public are aware of the laws, so that victims of child marriage can be identified and supported, and I thank the hon. Member for Mid Derbyshire so much for the work she is doing to make that a reality.

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

It is a pleasure to serve under your chairmanship, Sir George. I congratulate my hon. Friend the Member for Mid Derbyshire on getting the Bill to this stage. It is a landmark piece of legislation and a very important Bill.

I will focus my comments specifically on legal marriage. One of the reasons why my hon. Friend’s Bill is so important is that the current legal position on consent to marry is, at best, bizarre and contradictory, and at worst, an historical anachronism. I will lay out why that is, in relation to the operation of the Mental Capacity Act 2005 and how it applies to children in this situation. As well as implementing my hon. Friend’s Bill, we really need to take forward how that Act operates.

Looking at adults, the law on consent is codified in the Mental Capacity Act 2005, which lays out what criteria one needs to show in order to demonstrate that one has the decision-making capacity to make a decision. Marriage is one of the decisions that falls within scope, along with decisions to do with sexual relations and medical treatment. There are two types of adults in this world: those with decision-making capacity for a specific decision, and those without. When capacity is lacking and a decision and action has to be taken, the clinician or whoever is involved has to assess the decision-making capacity and then make a decision in someone’s best interests. There are provisions for what is effectively proxy decision making—such as lasting power of attorney, and some situations where people take part in clinical research—but even then the person making those decisions has to act in the person’s best interests.

In general, if someone is lacking capacity and a decision needs to be made, the person acting on behalf of an individual has to make a decision in their best interests, so a best interests framework operates. However, the Mental Capacity Act 2005 states that some decisions are far too personal for someone to make a decision on behalf of someone else in their best interests. I realise that I am going into a technical wonderland of best interests, but a good example is found in medicine. Let us say that someone has been hit by a car and is unconscious. When they come to hospital, the doctors need the powers to treat them. In the context of someone who is unconscious, it is not possible to assess their decision-making capacity, so a decision has to be made in their best interests. Problems arise when there are more complicated decisions and when people are awake, conscious and able to contribute to discussions.

The Mental Capacity Act excludes a certain set of decisions. Where people lack capacity, others can make decisions on their behalf—adoption and marriage are a couple of examples. Of course, parents are able to make a range of very personal choices and decisions for their children, particularly around medical treatment, but even in medicine there are limits on how much parents can consent. When children are detained under the Mental Health Act 1983, there are certain medical interventions for which parental consent alone cannot be relied on, because it is deemed to be too personal and too complex. Electroconvulsive therapy treatment is one of them, and I believe that in the context of serious interventions for children with long-lasting consequences, there are situations where clinicians may want to go to court to get extra back-up and reinforcement because of the nature of the decision.

We have a weird dichotomy, because the Mental Capacity Act states that if an adult lacks capacity, there are decisions that no one can make on their behalf, with marriage and adoption being two examples. However, if someone is a child between the age of 16 and 18— admittedly with decision-making capacity—parental consent can be used to enter into a contract such as marriage. I think that is completely bizarre and it needs to be changed.

Marriage is a big decision, and one that we expect to be a long and lasting decision. Of course, it is not an irreversible decision because of the divorce laws that we have, but I do not think there is a situation so pressing as to not allow a decision to enter into marriage to be delayed until the age of 18. I realise that is not necessarily an uncontroversial point of view—people have different views on it, such as those with strong religious beliefs—but fundamentally I think it is absolutely right that we move marriage to the age of 18. That is because the backdrop to this is a recognition that we see people under the age of 18—children—as inherently vulnerable. Although someone between the ages of 16 and 18 may have decision-making capacity, they are still not necessarily fully mature. They are still potentially more vulnerable than an adult, and we include in our law legal gatekeepers, the thresholds that we determine one must pass to become an adult. The Bill is very important in exemplifying that a child, even someone with full decision-making capacity at the age of 16 or 17, is still someone whose potential vulnerability we have concerns about, and has not moved into adulthood.

[Sarah Champion]

I agree with the arguments that the hon. Gentleman is making, but for me this is also about the fact that the state has a legal, mandatory duty to take care of someone under the age of 18. It is reneging on its duties unless this Bill is enacted.

[Dr Spencer]

I thank the hon. Lady for her intervention, and I see where she is going with her mention of the duty. As always, we will get into a bit of a debate over the duties of the state to protect the most vulnerable in our society, under-18s. One could fiddle around with this, and we could start getting into debates about the right to personal freedoms under article 8(2) of the European convention on human rights, but she has made a strong point.

The hon. Lady has helped me to move on to my more substantial point in this debate, because although children are of course vulnerable and the state has a legal duty to protect them, there is another range of people who are quite vulnerable and who this Bill does not cover: those who have marginal decision-making capacity to consent to marriage. I have done lots of decision-making capacity assessments in my career as a doctor and as a subject of my previous academic research. I admit that I have never made an assessment of capacity to marry, but in general, while the decision about whether somebody has decision-making capacity is very binary—yes or no—there are people whose assessments lie somewhere in the middle, and whose situation is unclear and complicated. Those assessments go to the courts for determination, and there are people with a range of mental conditions, such as learning disabilities and cognitive impairment, whose capacity to consent to marriage may be marginal and may be queried, and about whom determinations need to be made.

Although the broad criteria for assessing decision-making capacity for marriage are codified in the Mental Capacity Act 2005, there was originally a common law test, and following that Act the courts have continued to interpret it and apply common law tests for marriage. The test that has been used has evolved over the past 20 to 30 years, and it interacts quite tightly with the common law test for capacity to consent to sexual relations, because judges, rightly or wrongly, have looked at those two as being quite closely associated. In previous cases that have gone to the courts, it has been said that the capacity to consent to sex has to be a lower threshold than the capacity to consent to marry, because by definition if a person marries they have to consummate the marriage. Those are not my words, and they are not necessarily my views, but they are how the courts have applied those two common law tests of capacity.

Our judiciary is absolutely fantastic. It is great that we have it, and those judges do fantastic work in applying the capacity test to complex situations, but nevertheless those tests have evolved over the past 20 or 30 years, importing societal values and mores into them. While we are making clear decisions about what we define as childhood and adulthood, there are some very broad-brush legal proceedings in terms of children.