Marriage and Civil Partnership (Minimum Age) Bill

Sarah Champion Excerpts

Friday 19th November 2021 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

I cannot tell you, Mr Speaker, how much I welcome this Bill and how grateful I am to my good friend the hon. Member for Mid Derbyshire (Mrs Latham) for all her work campaigning on such an important topic over years. I wish to make it clear that this is not about race, religion or even the institution of marriage; it is about child protection. I also thank the Secretary of State for Health and Social Care, the right hon. Member for Bromsgrove (Sajid Javid), for all his work on not only this issue but child protection across the board.

I thank the organisations Karma Nirvana and IKWRO and the campaigning group Girls Not Brides; they have been campaigning on this issue and helping us all for many years.

I should clarify one point: the vast majority of child marriages involve girls, but occasionally they involve boys, and that is often when the family believe that the boy might be gay.

Let me talk a little about the scale of this issue. Last year, around a quarter of the 753 cases dealt with by the UK’s forced marriage unit involved children under the age of 18. Between 2007 and 2017, some 3,096 marriages involving children aged 16 and 17 were legally registered in England and Wales, according to the Office for National Statistics. Under the new law in the Bill, it will be absolutely clear to everyone that no child should face child marriage—whether the marriage is registered or not—and the harms it causes.

As the hon. Member for Mid Derbyshire said, registered child marriages at 16 and 17 are only part of the picture. The ONS statistics do not capture non-registered and religious marriages in the UK. In the past year, Karma Nirvana has supported 76 cases involving child marriages, and only 5% of them were registered. The overwhelming 95%—72 out of 76 marriages—were non-registered and religious marriages, which is why the Bill is so important: it covers registered and non-registered marriages. The fact that some marriages are non-registered makes safeguarding even harder and, therefore, child protection more challenging.

[Mr Virendra Sharma]

Does my hon. Friend agree that forced marriages and honour-based abuse are interlinked with child marriage, which has become child abuse?

[Sarah Champion]

I absolutely agree with my hon. Friend and thank him for his decades of campaigning against this abhorrent practice.

The problem is that as things currently stand it is very hard to apply the forced marriage parameters to child marriage. That cannot be right. Let me give an example: if someone has been told from the age of four that they are going to marry their much older cousin, they of course accept that that is going to be normal. When they are then married at 16, whether registered or not, why would they challenge that? I argue that that is coercive control: that child has been brainwashed from a very young age. It is unacceptable that to get a prosecution, a child has to recognise that, go to the police and speak against their family, often with horrific consequences. That is why this new legislation is so necessary.

Until now, children living in England and Wales who are at risk of child marriage have too often been failed by the safeguarding professionals who should have protected them, leaving them to suffer the extreme and lifelong consequences of child abuse. Too often, we even hear about social workers who attend the religious marriages of 15-year-olds; where is their safeguarding head when they do that? As a country, we are signed up to the UN definition of a child being someone up to the age of 18. Legally, we accept that, yet in this country we also accept that a child can be married. I just do not understand that. I try, but the only logic that I can find, apart from historical reasons, is that we are confusing sexual consent with consent to be married.

I agree that at the age of 16 someone is aware of their body and should have some control over it. It is their right to be able to give consent, although unfortunately consent is often not sought by others. However, we recognise legally that someone is a child until age 18, which is most obvious from the fact that they have to go to school until the age of 16. Why is it that in this one area we do not allow that recognition?

I go back to the hypothetical child who gets married, say at 16, to someone 30 or 40 years older or even to someone in their 30s or 40s. For an indefinite period, that child will be subjected to abuse, and for two years it will be child abuse. Unless we pass this legislation, we are just accepting that.

Most cases are religious marriages. I know of an example: a friend of mine I met in my first year at university. We will call her Susan. She was married at 16 to a much older man. She was white British; he was a white American. I will not say that they were religious extremists, but they were both very fundamental in their religious beliefs. Susan had barely met the man. They had corresponded by letter for a year or so before they got married; he came to the country as soon as they were married. As she was married when she went to university, they got married quarters, and I would go and see them there. He was very aggressive and very abusive. I was thinking about it as I was walking in today: I vividly remember him pinning her down in front of me and spitting in her face, saying, “It is your duty to obey me. God says you have to obey me.”

I just could not believe it. I shame myself now by saying this: I used to see her next to me in psychology class, but until I started campaigning with the hon. Member for Mid Derbyshire, I never recognised that Susan was in a child marriage—a forced marriage. I get chills as I think about that moment of recognition: “Wow—this is going on among us.”

Internationally, we should be leading the way. I talk to people in countries around the world and try to encourage them to increase their level of child protection, and the one answer that always comes back is, “You allow child marriage in the UK.” If we want to be seen internationally as a country that does the right thing—if we are to have any credibility whatever—we have to pass this legislation.

--- Later in debate ---

[Tom Pursglove]

I am grateful to my hon. Friend for raising that point, which I am mindful of as the victims Minister in my Ministry of Justice capacity. As I said clearly in the House only a few weeks ago, when asked about progress towards a victims Bill, we need improvements to the process right from somebody reporting a crime in the first instance to the courtroom. We are working towards that objective as we hopefully introduce the Bill in due course, because there is room for improvement.

My hon. Friend’s point is well made and we need to be mindful of that in the context of these offences, particularly for the simple reason that we are dealing with children who require comprehensive wraparound support in the circumstances. We are talking about members of their own family putting them in that position which is actually very difficult for all hon. Members to comprehend.

[Sarah Champion]

I will make two points. First, relationship education, where the issue could have been explained to children, should have been mandatory from September 2020. It is still not in force and only one in five teachers have taken the Government’s training on it. Secondly, does the Minister know about the teaspoon campaign, which is worth mentioning? If someone feels that they are being coerced out of the country, they can put a teaspoon in their pants so that when an alarm goes off, the guard knows exactly what they are saying and will put the necessary support around them.

[Tom Pursglove]

I am grateful to the hon. Lady for those points. I was not familiar with the teaspoon campaign, which is clearly valuable and important; Members on both sides of the House will find that intervention informative and useful. I would be delighted to receive more information from her or have a conversation about that work separately after the debate. On the point about teaching, I will pick that up with colleagues in the Department for Education and make sure that she receives a full answer.

I touched on the tackling violence against women and girls strategy in my earlier remarks. I will say a bit more about it and the work that is going on through it to tackle forced marriage and other forms of honour-based abuse. We will seek out community advocates who can talk to community audiences and explain why forced marriage and other honour-based abuse crimes are wrong. We will provide them with resources to back up their messages.

The College of Policing will also produce advice for police officers on honour-based abuse, so that first responders and investigators know how to deal with cases. The product for first responders will be published soon. We will also produce a resource pack on forced marriage for local authorities, the police, schools, healthcare services and others, similar to our existing one for female genital mutilation.

The Home Office will explore options to better understand the prevalence of FGM and forced marriage in England and Wales, given their hidden nature and the lack of robust estimates. We will work to criminalise virginity testing and will bring forward legislation when parliamentary time allows, which will be accompanied by a programme of education in community, education and clinical settings to tackle the misperceptions and misbeliefs surrounding the practice.

The Department for Education will work with a small number of local authorities as part of the children’s social care covid-19 regional recovery and building back better fund to identify the challenges and barriers in effective safeguarding work addressing FGM and to develop and disseminate good practice to other local authorities. Various other general commitments are relevant to tackling forced marriage such as our £3 million programme on what works to prevent violence against women and girls and the appointment of Deputy Chief Constable Maggie Blyth as the first full-time national policing lead for violence against women and girls. That is all important.

Child Sexual Exploitation: Bradford

Sarah Champion Excerpts

Tuesday 26th October 2021 Commons Chamber

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

I would like to thank my hon. Friend the Member for Keighley (Robbie Moore) most sincerely for securing this debate and all other Members for their contributions this evening. I commend my hon. Friend for his perseverance and for his powerful speech, which cannot have been easy for him to stand up in the House and deliver. He has given a voice to people who have been voiceless for far too long. It was shocking, disgusting and appalling to hear the harrowing testimony that he set out for us this evening. None of us can listen to these accounts without being impacted and horrified. It is truly shocking to hear of the cases set out in the recent review in Bradford. These are instances of the most vulnerable in our society being preyed upon and abused by ruthless criminals, and the review makes for distressing reading. These children experienced multiple traumas, in most cases starting long before they were victims of sexual exploitation, at a time when they should have been nurtured and protected. Aged as young as 13, what they went through is almost too horrific to contemplate. I am sure all hon. Members will want to join me in paying tribute to them and to all victims of sexual abuse and exploitation who have bravely come forward to share their experiences, which cannot be easy, to drive change and ensure other children do not go through the same ordeal.

I thank my hon. Friends and hon. Members on both sides of the House who attended this debate and spoke about their experience in their constituency, their lived experience and the considerable expertise they gained in professional fields before coming to this place.

I reassure all victims and survivors that their voices are being heard. We are listening. Across central and local government, law enforcement, the wider criminal justice system and society as a whole, we have a clear responsibility to do everything in our power to protect children from harm, and we are determined to put victims and survivors at the heart of our approach while relentlessly pursuing the perpetrators of these awful crimes.

Since the early 2000s, when several of these horrific cases took place, there have been significant improvements in how local authorities and the police safeguard children in Bradford and across the country, but there is much further to go, as we have heard at first hand from my hon. Friend.

My hon. Friend calls for an independent inquiry in Bradford, similar to the one in Rotherham. I acknowledge the hon. Member for Rotherham (Sarah Champion), who is in her place, and pay tribute to her for all the work she has done. She battled determinedly for many years to give voice to victims in Rotherham and elsewhere.

The independent inquiry in Rotherham was conducted by Alexis Jay and commissioned by Rotherham Borough Council. This Government are crystal clear that it is for local authorities in individual towns and cities such as Bradford, as they are responsible for delivering services, to commission local inquiries. My hon. Friend the Member for Keighley has set out with great clarity the mechanisms that are available to local authorities, including in Bradford, to trigger an inquiry. The Government fully agree with his remarks. He is right in every word of what he says. The options are available to Bradford Council and other authorities. I say it again, in case there is any doubt: local authorities have a responsibility, a moral responsibility, to do the right thing. I underline that point, lest there be any doubt: they have a moral responsibility to protect these innocent children.

[Sarah Champion (Rotherham) (Lab)]

I have been listening intently to this debate, and I am grateful the subject has been raised in the House. An inquiry is not a silver bullet. We actually had two inquiries in Rotherham, and one was commissioned by the Government, so that is an option for this Government. Once the inquiry has happened, we need to see the support in place for survivors to rebuild their lives. We need to see prosecutions of the criminals and of anyone who colluded or did not act in their job. I hope the Minister will do all in her power to make sure that happens across the country.

[Rachel Maclean]

I thank the hon. Lady for her point. She is entirely right that a whole-system response is required so that victims can rebuild their lives. I shall touch on that further later on in my speech.

I recognise the pain and trauma endured by those who have suffered at the hands of these vile criminals, and I understand their need for answers to the failures and for reassurance that the system that let them down so badly will not do so again. I welcome Bradford Council’s work to improve its response to child sexual abuse and exploitation by identifying poor practice through the recent review, but I also expect the council to listen close to the real concerns expressed by Members this evening and to take the most thoroughgoing approach to ensuring that all lessons have been learned and that local partners are doing everything possible to identify child sexual abuse and exploitation and protect children from harm, without letting political and cultural sensitivities deter them.

My hon. Friend the Member for Keighley spoke about the groups committing these crimes in the Bradford area and the need to recognise their common characteristics. The Government are clear that child sexual exploitation happens in all areas of the country and can take many different forms. We know that it is not exclusive to any single culture, community, race or religion, but community and cultural factors are very relevant to the understanding and tackling of offending in each local area, as my hon. Friend set out so eloquently. Let me repeat that political and cultural sensitivities must not deter agencies from uncovering and preventing such devastating crimes. Every local authority must ensure that children are safeguarded, and every police force has a duty to investigate effectively and thoroughly when children come to harm.

--- Later in debate ---

[Rachel Maclean]

My right hon. Friend is right to highlight how difficult these crimes are for us as a society to tackle, but it highlights that we desperately need to tackle them, which is why the Government have set out a number of priorities through the domestic abuse strategy and the violence against women and girls strategy, backed by considerable funding and resources to ensure that we can tackle them where they occur. It is vital that we have close collaboration between agencies, and that forms a key part of our strategy.

The Children and Social Work Act 2017 introduced the most significant reforms in a generation, requiring local authorities, clinical commissioning groups and chief officers of police to form multi-agency safeguarding partnerships. All the new partnerships were in place by September 2019.

Our prevention work has already yielded improvements in Bradford. Through the £13.2 million trusted relationships fund, for example, Bradford Metropolitan District Council has received funding to deliver one-to-one, school-based community support for children aged 10 to 14 years who are at risk of exploitation.

[Sarah Champion]

In 2017, the Government agreed to bring in mandatory relationship education for every child from primary school onwards. That is teaching them about healthy and unhealthy relationships—what is in your pants is your business and no one else’s. That has still not been rolled out. By the time these children get to 10 to 14, it is too late for many of them. Can the Minister please urge her colleagues to make this mandatory in every school, as was committed to in 2017?

[Rachel Maclean]

I thank the hon. Lady for her intervention. Her concern has been heard by those Ministers in Government Departments who are responsible for delivering on this. But I can also tell her that, in part of the work that we are doing in the violence against women and girls strategy, we are recognising the vital issue of communicating to people, including men, about how they need to behave towards women and girls because surely we cannot expect this problem to be solved by women and girls. It has to be solved by all people.

Police, Crime, Sentencing and Courts Bill

Sarah Champion Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op) [V]]

This is a Bill that shows us that the Government have yet to understand the value of debate and discussion. As a result, they are missing out on some key amendments, many tabled for discussion in this debate and many for the earlier debate, that could have made the Bill a moment of progress on issues that many of us agree on. Instead, by the way in which the Attorney General, the Lord Chancellor and the Government are approaching the Bill, we see exactly where their priorities lie. Every single time proposals have been put forward to keep women safe, they get kicked into the long grass, with the suggestion that they go to the Law Commission. Yet the Government think it is simple and easy to define what is “annoying” when we all know that is a very difficult one. In the last few weeks alone, we have seen the value of deciding what the difference between protest and harassment is. Surely that should be something that went to the Law Commission.

Instead, in my short time this evening, I want to challenge the way in which the Government are approaching amendments that have come from across the House and which bring us many ideas on how we can improve confidence in our criminal justice system. I want to put on record my support for the amendments tabled by my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), who has been a diligent activist for human rights all her life and whose ideas about rape should not be let go again. My right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) spoke courageously to identify an anomaly in our law, where the women in Northern Ireland now enjoy better reproductive rights than women in England, Wales and Scotland. The amendments tabled by my hon. Friend the Member for Rotherham (Sarah Champion) to help to support our children and keep our children safe are vital. There is cross-party support for action against assault on retail workers and for action to address pet offences, which have been coming up in the pandemic.

I urge the Government to listen to the message coming so clearly from women across the country about new clause 30, which has been tabled in my name but has been part of the work I have been doing with my hon. Friend the Member for Manchester, Withington (Jeff Smith). I pay tribute to his constituent, Julia Cooper, a valiant woman who was simply feeding her baby in a park when a man decided it was acceptable to take photos of her breastfeeding without her consent. When she sought the support of the law, the law said it was perfectly legal for the man to do what he was doing. Take a moment to think about that. We can simply and easily decide that we want to protect statues, but on that most natural and beautiful thing for a mother to do to feed her child the Government are saying no to protecting those women. Again, they are kicking the issue into the long grass.

I served on the upskirting Bill. At the time, we raised concerns that, frankly, it only went below the knee, but we now need to make sure that the law ensures full coverage. I urge Ministers tonight: whether it is in the other place or now, please do not leave the women of this country feeling that you do not understand the lives they lead. We have the lowest rates of breastfeeding in Europe and it is not hard to understand why, if women feel they are going to be shamed or attacked in public.

As someone that this has happened to myself, I ask the Minister to think about what he would feel if it was happening to a member of his family: if somebody was taking photos or a video for their own gratification and he could not stop them. By resisting new clause 30 and saying that this has to go back to the Law Commission, when it is clear what could be done to make it a criminal offence, he is sending a very clear message to women, as he has done on rape, as he has done on domestic homicide reviews, as he has done on child protection, that their concerns are complicated and difficult, but statues and protests are not. I ask him to think again about the message that he is sending and to say, “We will make laws in this place that will support everyone to lead their lives without fear”, because it is fear that someone will feel if they think that somebody is following them with a camera when they just want to feed their baby. Minister, let us not just stick up for the unborn children; let us stick up for those who are newly born, too.

[Sarah Champion [V]]

In my time as an MP, I have worked with too many victims and survivors who have been utterly let down by the criminal justice system. Their cases compel me to use this Bill as a vehicle to deliver long overdue changes for them. In the past year alone, I have had two survivors from Rotherham contact me to say that their abuser has been moved to an open prison and is therefore eligible for day release without their notification. That is despite the fact that both victims were signed up to the victim contact scheme and should have been able to provide evidence to the Parole Board in advance of the decisions being made.

Police, Crime, Sentencing and Court Bill

Sarah Champion Excerpts

Report stage
Monday 5th July 2021 Commons Chamber

[Fiona Bruce (Congleton) (Con) [V]]

I speak to oppose new clauses 55 and 42, which I urge colleagues to vote against. New clause 55 is truly shocking on many counts. It would legalise abortions in this country right up to the moment of the birth of a child. No reason would need to be given. The current 24-week limit provision would go. The new clause would legalise sex-selective abortions: an abortion could be legally performed if someone chose to reject an unborn boy or girl. It would remove the requirement for abortions to be carried out by doctors, and the protection for women that abortions should take place on approved premises. It would remove the conscience clause: healthcare professionals could be required to conduct abortions contrary to their conscience or beliefs, or lose their job. It would sweep away current legal safeguards and protections not only for the unborn child, but many that protect women. The Abortion Act 1967 would, in effect, be void.

New clause 55 would be significantly more permissive than the Northern Ireland regulations introduced in 2020, and it would leave England and Wales with one of the most extreme abortion laws in the world. In Europe, the median gestational time limit for abortion is 12 weeks. Here, it is currently 24, with some exceptions. We should not be looking to increase it to 37 weeks—full term. Indeed, we should now be looking to lower it following medical advances over recent years regarding viability—the ability of a child to survive outside the womb at now 22 or even 21 weeks. The proposals are shocking: a viable human being could have his or her life ended up to the point of birth, with no one held accountable, and yet a day later similar actions against a child outside the womb would constitute murder. If, as has happened, the abortion procedure goes wrong, what then? Is the child to be left alone, crying and uncomforted, until it breathes its last? If new clause 55 were put to a vote, I am confident that it would be soundly defeated. The proposal has no place on the amendment paper. It has no place in this House. We are better than this. We are better than this as a Parliament. We are better than this as a country, and our constituents know it. Our inboxes have been flooded with calls to oppose new clause 55. I have had over 150 constituents email urging me to vote against new clause 55—not one constituent has asked me to support it. More than 800 medical professionals have today called for its withdrawal.

Reports indicate that only 1% of women want the current 24-week limit extended, with 70% wanting it lowered. It was lowered in 1990 from 28 weeks to 24 weeks as medical advances improved, and now is the time to reduce it further following greater such advancement. That is what we should be debating today, and I hope we soon will. Let today be a turning point in our approach towards the review of this country’s abortion laws. Let us determine to secure better protection for the unborn child and for women, not worse. New clause 55 has no place in a compassionate, civilised and humane society. If, as I now understand, the proposers tabled it as a probing amendment, then I hope, given the strength of opposition that has gathered in just a few days within and outside this House, they will never contemplate reintroducing it. We are better than this.

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

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

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

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

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

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

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

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

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

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

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

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

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

Police, Crime, Sentencing and Courts Bill (Nineteeth sitting)

Sarah Champion Excerpts

Committee stage
Thursday 24th June 2021 Public Bill Committees

[Alex Cunningham]

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

As the law currently stands, complainants of sexual offences are granted lifelong anonymity by way of the Sexual Offences (Amendment) Act 1992. Section 1 of the Act prohibits the publication of any information in any place that could lead members of the public to identify a complainant of a sexual offence. Section 5 makes a breach of the prohibition a criminal offence, the maximum sentence for which is a fine not exceeding level 5 on the standard scale. In some cases, identifying a complainant could result in an offender being prosecuted for contempt of court, but in many situations, the facts of the case will not allow that course of action to be taken.

What that means in practice, as the law currently stands, is that someone who reveals online the identity of a complainant will more often than not receive only a simple fine. I hope that the Minister will agree with me that that seems to be a wholly inadequate sentencing power for a crime that can do so much irreparable psychological damage to victims of sexual offences.

[Sarah Champion (Rotherham) (Lab)]

I am grateful to my hon. Friend for tabling the new clause, because I have dealt with survivors to whom this has happened and I think that the law needs to catch up with where we are, in that social media and the digital world are accessed much more now than they ever were before. The new clause makes complete sense in trying to bring the two back in line.

[Alex Cunningham]

My hon. Friend is, of course, correct: technology is moving so quickly, and so many different things happen in so many different ways. People can even get pictures on their watches these days and talk to their family back home. The fact that that sort of technology exists can be exploited for all the wrong reasons as well. It is important that we act in this space.

During Justice questions last month, my right hon. Friend the Member for Tottenham (Mr Lammy) raised the case of Phillip Leece to illustrate just how horrific a crime this can be. For members of the Committee who may not have heard the question asked by the shadow Secretary of State for Justice in the Chamber, I will quote what he said:

“In 2019…Leece viciously raped a woman on her way home from a night out; she was 26 and soon to be married. Adding insult to injury, he published the name of his victim online”

and made disparaging remarks about her appearance, claiming that she was

“too fat and disgusting to rape.”—[Official Report, 18 May 2021; Vol. 695, c. 522.]

For naming and humiliating his victim online, he received a pathetic and insulting fine of only £120. That in no way reflects the enormous trauma that his action caused the young girl he raped.

During Leece’s trial, his victim read out her impact statement to the court and spoke of the devastating impact that the attack and her subsequent naming had on her. She was once a happy young woman looking forward to getting married, but those events caused her to suffer severe psychological harm, which led to suicide attempts and incidents of self-harm. In her own words, she explained how her naming online changed the way she lived:

“The post made me feel incredibly insecure and sad for the days and weeks afterwards.

It increased my anxiety about leaving the house and it got to the point that I wouldn’t even go into the back garden whilst letting the dog out. I imagined that he would know where I lived and would be able to find me.

The post also led to me eating more and gaining even more weight…with the thought that the bigger I am, the less likely this will happen to me again.”

I am sure that all members of the Committee, regardless of political affiliation, will share my view that a fine in no way reflects the severity of Leece’s actions. I appreciate the Lord Chancellor’s sharing this view. In response to the shadow Justice Secretary’s question about Leece, the Lord Chancellor indicated that he was going to act in this area. Specifically, he said that the Government were

“already making preparations to see what can be done to improve and strengthen the law in this area, because, make no mistake, the naming of victims of sexual abuse—and other types of offending as well where anonymity is an essential part of the process—is not just wrong, it is criminal and we will do whatever it takes to help stamp it out.”—[Official Report, 18 May 2021; Vol. 695, c. 523.]

That view is shared wholeheartedly by the Opposition, and that is why we tabled new clause 31. It is another of those small but significant steps that we are asking the Government to take now, rather than waiting. It is clear to us that the current provisions of the Sexual Offences (Amendment) Act 1992 are simply no longer fit for purpose in the modern world. It is perhaps telling that the last time Parliament reviewed that Act was more than two decades ago, in 1999. I am sure that all of us would accept that since 1999 the world has changed a great deal—that was illustrated by my hon. Friend the Member for Rotherham. Online publishing and social media mean that things written on the internet attract an audience far greater than they would have in 1999. Furthermore, things published on the internet have much greater longevity and potential exposure. For those reasons, we need an urgent review of how the Act is functioning.

New clause 31 is a simple amendment: it would give judges the power to sentence offenders who name complainants of sexual offences to a custodial sentence of up to two years. That would bring this sentence in line with the sentence for contempt of court. Given that the Lord Chancellor has previously expressed sympathy for reforming this area, we look forward to the Minister’s support for the new clause.

--- Later in debate ---

Brought up, and read the First time.

[Sarah Champion]

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

The new clause places a requirement on the Secretary of State to collect and publish annual data on child sex offences, child exploitation offences and modern slavery offences. Data collection is vital to ensure appropriate policy responses, and that is even more important when it comes to crime. Publishing transparent crime statistics is key to understanding how the criminal justice system is working and whether victims are getting the justice they deserve.

New clause 38 asks the Government to collect and publish, by police force area, annual data on the number of child sexual offences, child sexual exploitation offences and modern slavery offences committed against children aged under 18 in England and Wales. There is a data blind spot when it comes to tracking a reported crime through to sentencing. Because of the way data is collected, this proves especially difficult for 16 and 17-year-olds against whom sexual offences are committed. I know that the Government are committed to tackling child abuse and exploitation in all its forms. The new clause would help in that fight, by filling in the blanks and allowing us to have an informed discussion on what needs to improve to ensure that victims get their day in court and criminals are brought to justice.

Despite older teenagers in particular being at high risk of sexual offences, due to the way that the data is collected they are often not included in the reported numbers on child sexual abuse. The tackling child sexual abuse strategy states:

“Over 83,000 child sexual abuse offences…were recorded by police in the year ending March 2020, an increase of approximately 267% since 2013… Due to the way this data is collected, and different sexual offences defined, these figures do not capture certain sexual offences committed against 16 and 17-year-olds, such as rape, as well as sexual assault committed against children over the age of 13.”

The Children’s Society’s analysis of the data shows that those two categories are the biggest groups of sexual offences reported to the police, which therefore indicates that the true scale of recorded sexual offences against children is very likely to be much higher. Collecting information is key to showing the true scale of sexual offences and to showing where the cliff edges are in the victim’s journey through the criminal justice system.

The Children’s Society previously found that

“54,000 sexual offences against children under the age of 18 were recorded by 43 police forces in England and Wales between 1 October 2015 and 31 September 2016.”

However, it stated that

“Only around 16% of offences reported where the investigation was completed resulted in charges, summons, community resolution or cautions against the perpetrator… For offences that did not result in action against the perpetrator the most common reason was evidential difficulties”.

Let us take the example of Margaret, aged 16. Throughout her life, Margaret had many interventions from children’s services. Margaret disclosed to family that she was raped and was a witness to another person being sexually assaulted. She disclosed that she was scared of reporting the offence, but did so with her family’s support. Long delays, a change of police staff and her mobile phone being taken for 10 months meant that Margaret eventually stopped supporting the police investigation. The case did not progress to prosecution and the young person remains at risk of sexual abuse.

We need to learn from these cases. New clause 38 would give us a clearer understanding of how many reported crimes against children drop out before a defendant is charged. That would enable us to make improvements in criminal justice. What we know is that a shockingly low number of crimes reported result in a successful conviction.

The Office for National Statistics reported in 2020 that there were more than 12,000 crimes flagged as sexual exploitation, but fewer than 2,000 child sexual exploitation charges were brought against perpetrators. There are several different crime datasets published each year, but none follows a reported crime right through to sentencing. The police and the Crown Prosecution Service must have the right tools to prosecute perpetrators, and that is where robust and transparent data collection comes in. Proper data collection will also enable local areas to plan appropriate safeguarding responses for all children under the age of 18 who are at risk of sexual offences or modern slavery offences in their area.

Figures from the ONS have shown that children are more likely than the general population to be victims of sexual offences, with young people aged between 15 and 19 accounting for nearly a quarter—23%—of all rape offences. I hope the Government will acknowledge the importance of better data collection in their response and will commit to providing the information on an annual basis, so that we can review the effectiveness of the current disruption tools, criminal offences and attrition rates for child sexual abuse and exploitation. I look forward to the Minister’s response.

[Victoria Atkins]

The Government recognise the importance of collecting data to inform policy and operational decisions and to see the effect of those decisions. I want to take this opportunity to reassure the Committee that there are already robust mechanisms in place across Government, the police and the criminal justice system for gathering, recording and publishing data. Through the Office for National Statistics, the Government routinely publish data for child sexual abuse crimes committed against children aged under 16 years old. Data for children aged between 16 and 18 is recorded differently, as there are no specific crime codes for this age group. In 2019, however, the ONS carried out analysis of sexual offences perpetrated against 16 and 17-year-olds and published its findings as part of the England and Wales crime survey. Offences relating to child sexual exploitation will be recorded using a variety of crime codes, including those for child sexual abuse and those relating to trafficking. As such, there are no specific crime codes for CSE, and police forces are required to flag child sexual exploitation offences when providing data to the Home Office.

Modern slavery offences committed against children are recorded and published by the police, the Crown Prosecution Service and the Ministry of Justice. The Crown Prosecution Service maintains a central record of the number of offences for which a prosecution commenced, including offences charged under the Modern Slavery Act 2015. All modern slavery offences committed against children are identified through the child abuse monitoring flag, and the Crown Prosecution Service definition of child abuse covers any case where the victim was under 18 years of age at the time of the offence. Through the ONS, the Home Office already publishes both the number of recorded crimes and the number of persons charged under part 1 of the Sexual Offences Act 2003. Alongside that, the Ministry of Justice already facilitates the collection and publication of data on the number of persons prosecuted, the number of persons sentenced and the length of sentences.

[Sarah Champion]

The Minister will not be surprised that I investigate the data quite routinely, and there are two problems that she might be able to address. First, when the ONS data come out, they tend to be a big lump —the data are not broken down into specifics. Secondly, she is talking about the data collected on charging, prosecuting and outcomes, but what we are arguing for is the need to look at the number of reported crimes.

[Victoria Atkins]

I will take those points away, because it is incredibly complicated, as the hon. Lady’s speech and, I suspect, my speech have demonstrated. We do not routinely publish data on the number of child victims by age, as the police record the data on offences rather than on the victims who have experienced them. I suspect that this is the nub of the hon. Lady’s point. I am told that the reason for that is that an offence may come to the attention of the police, but there might not be a specific intended or identifiable victim attached to it. Additionally, the same child may be the victim of multiple offences—indeed, we know that to be the case with gang exploitation—so we have used data gathered through the crime survey in order to try to inform our understanding of the number of victims and their ages.

The Home Office also publishes data on potential child victims of modern slavery who have been referred through the national referral mechanism, which is the framework for identifying and supporting victims of modern slavery. Of course, that stands apart from the criminal justice system. Someone may be referred to the NRM but might not participate or have a part to play in the criminal justice system. There are a great many data sets, but I take the hon. Lady’s point about the identification of child victims. We will see what more we can do.

[Sarah Champion]

I am grateful to the Minister for that reassurance, and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 43

Offence of interference with access to or provision of abortion services

“(1) A person who is within a buffer zone and who interferes with any person’s decision to access, provide, or facilitate the provision of abortion services in that buffer zone is guilty of an offence.

(2) A ‘buffer zone’ means an area with a boundary which is 150 metres from any part of an abortion clinic or any access point to any building that contains an abortion clinic.

(3) For the purposes of subsection (1)—

‘interferes with’ means—

(a) seeks to influence; or

(b) persistently, continuously or repeatedly occupies; or

(c) impedes or threatens; or

(d) intimidates or harasses; or

(e) advises or persuades, attempts to advise or persuade, or otherwise expresses opinion; or

(f) informs or attempts to inform about abortion services by any means, including, without limitation, graphic, physical, verbal or written means; or

(g) sketches, photographs, records, stores, broadcasts, or transmits images, audio, likenesses or personal data of any person without express consent.

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

(a) in the first instance—

(i) on summary conviction, to imprisonment for a term not exceeding 6 months, or

(ii) to a fine not exceeding level 5 on the standard scale, or

(iii) to both; and

(b) on further instances—

(i) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both; or

(ii) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.”.—(Sarah Champion.)

This new clause would introduce areas around abortion clinics and hospitals (buffer zones) where interference with, and intimidation or harassment of, women accessing or people providing abortion services would be an offence.

Brought up, and read the First time.

[Sarah Champion]

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

I am proud to speak to this clause, tabled by my hon. Friend the Member for Ealing Central and Acton (Dr Huq) and supported by more than 35 MPs from across the House.

As we come to the end of Committee stage, a significant portion of our debate has focused on the safety of women in public spaces, and I am grateful for that. We can all recognise, to a greater or lesser degree, that existing public order legislation does not provide the necessary framework to address women’s fear and concerns in public spaces.

This new clause raises a discrete problem—harassment outside abortion clinics. The issue has been raised in the House by my hon. Friend the Member for Ealing Central and Acton for several years, with great support from other Members on both sides of the House. As hon. Members will see on the amendment paper, the new clause has cross -party support from Members from five different parties.

Although my hon. Friend was driven to raise this issue by harassment in her own constituency, this is not a local issue. Figures from the Department of Health and Social Care and abortion providers indicate that in 2019 more than 100,000 women—or more than half of everyone who has an abortion—had to attend a hospital or abortion clinic that had been targeted by anti-abortion groups.

I want to make it clear that this new clause is not about abortion. A woman’s legal right to end a pregnancy is supported by the House and by the public and has been in statute since 1967. It is, however, about the ability of a woman to exercise this legal right without the fear of harassment or intimidation. Therefore, this new clause has a narrow purpose to introduce buffer zones 150 metres around abortion clinics, where certain activities designated as pressuring women about their decision to access abortion are banned.

Currently, around the country, anti-abortion groups engage in activity at the clinic gate seeking to deter or prevent women from accessing abortion care. This takes many forms, including the display of graphic images of dismembered foetuses, large marches that gather outside the clinic, filming women and staff members, following women down the street, sprinkling sites with holy water and handing out leaflets that tell women, falsely, that abortion causes breast cancer, suicidal intentions and can lead to child abuse. Recently, groups have been handing out advertisements for dangerous and unproven medication to reverse an abortion. This activity has been an almost permanent fixture outside several clinics for years. Abortion providers such as the British Pregnancy Advisory Service have collected thousands of accounts from women they have treated about the activities outside clinics and the impact it has had on them. In the past year alone, even during lockdown, this harassment has continued.

One woman, in Liverpool, reported in February:

“She told me that I should let God decide—that it will torture me for the rest of my life and don’t let them do it. She told me her daughter couldn’t have kids and I’m wrong for killing a baby…that I’ll have no luck in the future if I kill a baby.”

Another woman, in Bournemouth, said in December 2020:

“My partner was waiting in the car and he had one woman staring at him and walking around his car whilst showing him a cross. Both my children (both under 4) were in the car waiting with my partner…I felt uncomfortable walking out of the clinic knowing they were there.”

The mother of a patient in Bournemouth just last week said:

“The protester was stood by the entrance with a banner. My daughter is autistic and this procedure is stressful and traumatic—and when she realised they were outside it caused her to have a panic attack”.

Doctors and nurses are not immune to harassment, either. In Brighton in October 2020, one reported:

“There was a man in the entrance lobby—my colleague didn’t know what to do. He wouldn’t leave. He asked us if this was a place where ‘you kill babies’, if I ‘agreed with murdering babies’, and whether I was ‘happy to murder foetuses’.”

This is not a protest—the groups involved in this activity are very clear that they are not seeking to change lawmakers’ minds or amend the abortion legislation. Instead, they seek direct access to individual women who have no choice but to approach them as they access legal and essential healthcare. It is, quite simply, targeted harassment.

The solution is simple and has been used successfully across Canada, Australia and parts of the USA. We need to protect women seeking confidential medical care by making it clear that it is unacceptable to accost a woman at a clinic gate, harass her and lie to her about medical procedures.

We must also recognise that much of the legislation has been thoroughly inadequate at addressing the problem. I am sure the Minister will wish to mention that. The only law that has ever been successful in solving the problem at clinic levels is public space protection orders, which enable a council to create its own local buffer zone, but only three counties across the country have them in place, leaving more than 90% of affected clinics with nothing to protect them. That creates a postcode lottery of protection from harassment, and that is just not good enough. We need a national solution to this national problem. I hope the Minister will consider the impact of this activity on women, and I hope she will recognise that, despite the existing law, it has continued unabated for years.

[Victoria Atkins]

I am grateful to the hon. Lady for setting out the case for this new clause, tabled by the hon. Member for Ealing Central and Acton. As she rightly identifies, it is supported by parliamentarians from across the House. I approach this issue with the respect that such a widespread array of support deserves.

We have looked into this issue and kept it under very close review over the past few years, and I will set out in a moment some of the steps we have taken. I want to be very clear that I have sympathy for what the new clause seeks to achieve, in that harassment and intimidation of women who are seeking medical care is completely unacceptable.

The hon. Member for Rotherham is right to emphasise that this new clause is confined to a very narrow basis. We are not debating the provision of abortion services; we are talking about the public order element surrounding clinics and hospitals. For the benefit of colleagues and others who may be watching this debate closely, given that we are looking purely at a public order issue, on a very narrow basis, my Whips have concluded that this is not a matter of conscience, so the matter is whipped. It is in a different category from the wider issue of abortion, about which Members have many varied and strongly held opinions. We confine ourselves to the public order element of what the new clause is trying to achieve.

We keep this matter under very close review. As the hon. Lady knows, it is an offence under the Public Order Act 1986 to display images or words that may cause harassment, alarm or distress. The police have certain powers under that Act if the purpose of the assembly is to intimidate others into doing or not doing an act. Clause 55 of this Bill strengthens those powers and enables the police to place any necessary conditions on such assemblies.

The power that has found resonance with local authorities and has been upheld by the Court of Appeal recently is the power under the Anti-social Behaviour, Crime and Policing Act 2014 to implement public space protection orders to create buffer zones around abortion clinics or hospitals, when they are satisfied on reasonable grounds that protests are having an unreasonable and persistent detrimental effect on the quality of life of people in the area. Three local authorities have imposed such orders around particular clinics. Indeed, I am led to believe that Ealing, which imposed the first such order, very recently renewed it following its expiration.

[Sarah Champion]

I thank the Minister for recognising that this is harassment rather than protest. Does she share my frustration that more councils are not using public detention orders?

[Victoria Atkins]

I will come to the figures in a moment because they will, I hope, help the Committee understand the approach that the Government are taking.

In the protests, or demonstrations—or however one wants to describe them—there can be a range of activities, and the hon. Lady has, understandably, focused on some of the most upsetting forms of activity. There are more peaceful ways of protesting, however, and I do not think it would be right for me to pretend that every single protest has the ability to harass and alarm in the way in which she has said some protests do. The advantage of PSPOs is that they are very local. They are brought by local authorities in the circumstances of their area, and the conditions imposed will reflect the conditions of the protests faced outside service providers.

--- Later in debate ---

[Victoria Atkins]

My right hon. Friend raises an important point. That is why we have looked so carefully at the universality of the measures put forward by the hon. Member for Ealing Central and Acton and why we believe that PSPOs, which are targeted and have been upheld by the Court of Appeal, seem to be the most effective way of managing these very difficult circumstances outside particular service providers.

I appreciate that this may be corrected before Report, but we are also concerned that proposed subsection (3) of the new clause potentially includes medical practitioners and others providing advice on abortion services within the confines of the buffer zone—in other words, within the clinic. Nobody—but nobody—would want that to be an unintended consequence of the new clause. My right hon. Friend has alighted on another unintended consequence—that other forms of protest may be caught by the new clause.

We very much understand the motivations behind the new clause and the work that parliamentarians have been conducting over recent years in order to shed light on this issue, but the Government do not feel able to support new clause 43.

[Sarah Champion]

I hear what the Minister says. I am still very concerned that, by the Minister’s own figures, we are looking at a quarter of clinics being targeted. I am very concerned about the postcode lottery. Would the Minister be open to my hon. Friend the Member for Ealing Central and Acton working with her civil servants to try to come back with a more appropriate wording for Report?

[Victoria Atkins]

In fairness—I am sure the hon. Member for Ealing Central and Acton will back me up on this—we have been working. I do listen. I have meetings with colleagues from across the House—both those who support the intentions of the new clause and those who do not. We must acknowledge that there are colleagues and members of the public who want to defend their right to make their feelings and their views known in front of these service providers. I am very happy to meet colleagues representing the range of opinions on this issue. I have met the hon. Member for Ealing Central and Acton several times and am very happy to meet other colleagues, whichever side of the debate they may stand on.

[Sarah Champion]

With those reassurances, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Ordered, That further consideration be now adjourned. —(Tom Pursglove.)

Police, Crime, Sentencing and Courts Bill (Twentieth sitting)

Sarah Champion Excerpts

Committee stage
Thursday 24th June 2021 Public Bill Committees

[Sarah Jones]

My hon. Friend is absolutely right. I will shortly cite figures that bear out the suggestion that assaults have increased during this period. We saw a raft of assaults during periods in which provision of certain foods was scarce, and when people objected to being asked to wear masks. During covid, we have all come to recognise the importance of shop workers in a way that we perhaps did not previously, although we should have done.

As I have said previously in Committee, Labour welcomes the new clauses that will increase the maximum sentence for assaulting an emergency worker from 12 months to two years. However, the Government’s decision not to include additional protections for shop workers represents a failure to listen to voices from the frontline and to recognise the exponential rise in abuse of retail staff over recent years. Retail workers kept our country fed, clothed and kept us going. However, many faced unacceptable attacks while working to keep us safe, from being spat at or punched to verbal abuse and intimidation. Such attacks should be met with swift and meaningful punishment, and yet the Government have decided not to introduce additional protections at this point. We ask them to think again.

In 2020, we saw a spike in abuse, threats and violence against retail workers. The BRC annual retail crime survey, which was released at the end of May, showed that violence and abuse against shop workers continued to grow to 455 incidents every day, representing a 7% increase on the previous year. ACS’s 2021 crime report shows that greater action is needed to tackle violence against shop workers. An estimated 40,000 violent incidents took place in the convenience sector over the past year, with approximately 19% resulting in injury.

[Sarah Champion (Rotherham) (Lab)]

I support my hon. Friend’s powerful speech. I am unsure whether she has the gender breakdown for those figures, but in my experience it is predominantly women who work at the front of these shops and convenience stores, and attacks are often unpleasant and misogynistic. Anything in legislation that could prevent that sort of abuse would be welcome.

[Sarah Jones]

My hon. Friend makes a good point. I do not have those figures here, but we know that more women than men are in such positions, so I imagine that that breakdown would bear out what she says. She is right that we should do everything we can to stop such attacks.

More than 1.2 million incidents of verbal abuse were recorded over the past year, with 89% of store colleagues experiencing verbal abuse. Two of the top triggers of violence are colleagues having to enforce age restriction sales policies or refusing to serve intoxicated customers. USDAW’s coronavirus survey, which was based on 4,928 responses, shows that since 14 March 2020, 62.2% of retail workers were verbally abused, 29% were threatened and 4% were assaulted. Last year, research conducted by USDAW found that 88% of retail workers experienced verbal abuse—in almost two thirds of cases, it was from a customer—and 300,000 out of a 3 million-strong workforce were assaulted. Only 6% of those incidents resulted in a prosecution and a quarter of cases go unreported altogether. It is therefore vital to introduce new penalties to protect shop workers, deter offenders, break the cycle of abuse and deliver justice to victims. Abuse should not be part of someone’s day job. Nobody should be treated with disrespect, spat at, bitten, grabbed, sexually harassed or discriminated against at work.

I am pleased that Tesco recently got behind the campaign to protect retail workers and that it supports these new clauses. A constituent who works at the local Tesco branch in Croydon recently emailed to talk about her experience: “I’ve lost count of the times I have been verbally abused and threatened while working. I am forever looking over my shoulder. It is a way of life where customers verbally abuse, threaten and attack staff, and it is not right. This affects people in different ways, mentally and physically, and they’re expected to just carry on, which they have to do, because it is their livelihood. This is not acceptable.”

As part of USDAW’s survey of violence, threats and abuse against shop workers, respondents had the opportunity to feed back their experiences. These are some of the voices from the frontline:

“I had never cried in work until the first week of the lockdown. I received constant abuse from nearly every customer during one shift when the rules were changed so that we couldn't accept returns. I finally broke when one woman refused to leave the store and insulted me and berated me for not doing the return. The following day a man was very aggressive towards me for the same reason and I could visibly see him twitching in a way that suggested he was about to become violent. My job has become emotionally draining and it is really starting to affect my mental health.”

“Verbal and physical abuse from customers, it’s not nice, we are only trying to enforce social distancing but customers are using the trip to the shops as a day out and putting the staff at risk, then we return to our families in fear and panic because of the small minded stupidity.”

“I have been verbally abused by customers. Pushed by a customer. Been told to shut up and ‘F-off’ when mentioning limitations or the one way system.”

“I have taken abuse when having to remove items from the customer because they wish to purchase more than the permitted number of restricted items.”

“Customer using verbal abuse towards me, and being racist towards me.”

“Constant verbal abuse/swearing. Customers spitting, coughing and sneezing towards us on purpose.”

“I have been spat at, pushed and treated as if I wasn’t there.”

“We have been threatened with violence and have had to make police reports about members of the public threatening to ‘bash our faces in’ when we leave the store after our shifts. We are regularly subjected to verbal abuse, usually surrounding low/zero stock and restrictions on certain products.”

We will all have had cases such as these in our constituencies. I had a case in which a customer pulled a knife on a shop worker, because the shop worker would not sell them alcohol when they were clearly intoxicated. In some cases, people are very seriously assaulted as well.

[Sarah Champion]

In lots of my local shops, there is just one person in the shop on their own; I wonder whether that has also been my hon. Friend’s experience. I am not sure whether that is because the shop is owner-owned or because it is the victim of cut costs, but it is very worrying.

[Sarah Jones]

My hon. Friend is absolutely right. I was talking this week with some of the larger organisations, and they made exactly that point: the very small convenience stores are often in the most trouble, because there will be only one person working there. A lot of supermarkets have put in place all kinds of support—walkie-talkies, cameras and security on the door—that provides some element of security, but a small convenience shop cannot meet those costs, and it is those individuals who are most at risk.

In the recent Westminster Hall debate that I referred to, the Minister referred to the Home Affairs Committee’s survey, which also asked retail workers if they had experienced violence and abuse. Some 12,667 people responded, and that shows just how widespread the problem is. The survey found that 87% of respondents had reported incidents to their employer, but in 45% of those cases, no further action was taken. Half of respondents reported incidents to the police, but only 12% of those incidents led to an arrest. A third of respondents did not report incidents to their employer because they believed that nothing would be done, or that it was just part of the job. Respondents felt that better security at retail premises and more severe punishments for offenders would help to prevent incidents in the future.

The Minister talked about that survey in his speech, and he said it was “terrible” that so many workers felt it was just part of the job. We have the Minister saying it is terrible; we have Labour saying that it is terrible; and we have the big supermarkets, business CEOs, unions, the Home Affairs Committee, the British Retail Consortium and the Association of Convenience Stores saying that it is terrible, so now is the opportunity to do something about it.

The Minister may well repeat the argument that he made in the Westminster Hall debate, namely that the updated sentencing guidelines—they provide a welcome list of aggravating factors to be considered in the case of attacks on those who are providing a service to the public—are enough. We do not believe that they are, and we think the Government should go further. The argument that protections for public service workers are already enshrined in law does not suffice: if the Minister looks at the data on how many people do not report attacks and abuse because they think nothing will be done, and at the tiny percentage of prosecutions, the facts bear that out. Sentencing guidelines are important, but if the number of prosecutions remains so low, clearly something is not working.

Our new clauses are ready and have been rehearsed in previous legislation. We know that we have a lot of cross-party support. Members across the House are calling on the Government to look again and do something stronger, including Government Members, such as the hon. Members for Stockton South (Matt Vickers) and for Hazel Grove (Mr Wragg) and the right hon. Member for Tatton (Esther McVey), SNP Members, Lib Dem Members and, of course, many Labour Members.

In response to a recent written question on this subject, the Minister said that the Government would

“continue to keep the matter under review and listen to the debate on this matter.”

Well, we have had many debates and I know that he has listened, so I hope that today he can provide a more supportive response to these new clauses.

--- Later in debate ---

[Siobhan Baillie (Stroud) (Con)]

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

New clause 56, which was tabled by my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), centres on the experiences of a young boy called Tony. It would amend section 5 of the Domestic Violence, Crime and Victims Act 2004, raising the sentence for the death offence to life imprisonment, and that for serious injury to 14 years.

Young Tony Hudgell is an inspirational young man from Kings Hill in Kent. His loving adoptive parents, Paula and Mark, have campaigned tirelessly against child cruelty alongside providing Tony with a safe, secure home. At around 41 days old, Tony, as a tiny baby, did not have a safe, secure home. He was abused so severely by his biological parents that he was left with eight separate fractures to his tiny body. He suffered from septicaemia, and he had an extended period of excruciating pain before he was taken to hospital. At hospital, Tony required multi-organ support in intensive care, and he suffered respiratory distress. His injuries were so bad that baby Tony had to have both of his legs amputated.

Take a moment to imagine that the only life that baby Tony knew was one of pain and torture from the people who should have loved him most. During sentencing, His Honour Judge Statman said that he had thought long and hard about the manner in which Parliament had provided for the maximum sentence in such cases, and while he would not be allowed to go behind Parliament’s enactments, he could not envisage a worse case than Tony’s.

That level of cruelty is, thankfully, rare, and I am of the view that we should not legislate, amend or fiddle in this place unless there is a clear need to do so. Rare or not, however, the British public rightly expect our judiciary to have extensive powers to deal justly with perpetrators of such devastating harm to babies, children or vulnerable adults. I respectfully contend that the current maximum sentence of 10 years does not adequately reflect the gravity of cases at the upper end of seriousness.

All victims of section 5 offences will be vulnerable, which increases the seriousness of those offences. It is my assessment that a section 5 offence is in some respects more stringent than unlawful act manslaughter. That leads to inconsistencies, because section 5 requires there to be a serious risk of physical harm. In this Bill, we are also considering, in clause 65(2), raising the maximum sentence for causing death by dangerous driving from 14 years’ imprisonment to life imprisonment. There is no requirement that the driver appreciated that their driving was dangerous, giving rise to a risk of serious injury.

Similarly, the serious injury offence can involve lifelong harm inflicted over many weeks and months. Despite the infliction of injury not being intentional, the level of culpability remains extremely high, given that the defendant’s relationship to the victim is typically as a parent or other position of responsibility. I therefore ask Ministers to consider the anomaly in the current sentencing scheme, in that the section 5 offence—the death offence—has a maximum sentence that is out of step with similar offences. Over the past decade or so, Parliament and the courts have appreciated the increased seriousness in cases involving deaths, and sentences handed out by the courts have reflected that.

The section 5 offence is listed in schedule 18 to the sentencing code for the purposes of the dangerousness regime, enabling an extended determinate sentence to be imposed. The need for additional licence periods and conditions in the most serious cases is therefore already recognised. An increase in the maximum sentence for the death offence would be in keeping with that trend. Similarly, the serious injury offence can involve lifelong harm inflicted over many weeks and months. Despite the infliction of the injury not being intentional, the level of culpability remains extremely high. A 10-year maximum sentence is not reflective of the seriousness of the offence.

I conclude by referring back to the brave heroes behind this request. Tony and his adoptive parents, Paula and Mark, have fought hard, and Tony is living a good, healthy life. I really look forward to hearing from the Ministers and other members of the Committee, if they choose to comment.

[Sarah Champion]

I thank the hon. Member for Stroud for moving the new clause tabled by the hon. Member for Tonbridge and Malling. The hon. Member for Stroud has done the legal bit, and I am going to do the emotional, child abuse bit.

I think all hon. Members know who Tony is, because he is on BBC Breakfast a lot. He is a little lad. I do not know how old he is now—probably about eight. His legs are amputated, but he has been doing a walk around his local park every day to raise money for the NHS. I did not realise until very recently that he was the Tony this law is named after. It was only when I saw him and his adoptive parents on BBC Breakfast making the argument for this that I thought, “This is an obvious legal change that clearly needs to be made.”

Under current law, 10 years is the maximum sentence that judges can impose when someone has been convicted of child cruelty, causing harm or allowing a child to die or suffer serious physical harm. It is just madness! Someone who is guilty of intentionally causing grievous bodily harm to an adult can face a life sentence in the most severe cases, so I do not know why this cap of 10 years is in place. Surely, for offences that result in severe physical harm to children and lifelong harm, which will be much longer than lifelong harm to an adult, courts ought to be able to impose the sentence that they think is most fitting.

The proposed change to the law follows the tireless campaigning by the adoptive parents of Tony Hudgell. As the hon. Lady said about the injuries inflicted on Tony, it is truly unimaginable that someone could consciously do that. A change in the law would give the judges the discretion they need to pass longer sentences, including in the most horrific cases such as Tony’s. We are thankfully talking about a relatively small number of cases. In the past five years, there were an average of 68 child deaths a year caused by assault or undetermined intent. Child homicides are most commonly caused by a parent or step-parent. Children under the age of one are the most likely group to be killed by another person.

National Society for the Prevention of Cruelty to Children analysis of police data from across the UK shows that there were 23,529 child cruelty or neglect offences recorded by the police in 2019-20. Although there are significant variations among regions and nations, it is extremely concerning that the police-recorded child cruelty and neglect offences have risen by 53% in the past three years. I am perversely curious to see the data that comes out of this past year, because anecdotally I understand, from my police force and from what we are reading, that the levels of child abuse have escalated under lockdown. That should not come as a surprise, but it is deeply chilling to all of us.



The latest ONS figures available for England and Wales are from 2018: 500 offenders were sentenced for offences of cruelty and neglect of a child; 114 of those offenders received an intermediate custodial sentence; and 220 received a suspended sentence.

Over the past year, the NSPCC has seen the impact of the coronavirus pandemic on physical abuse, as I mentioned. Calls to its helpline surged through the pandemic to record numbers. Tony’s case represents the most severe form of physical abuse. However, while extreme, it is not an isolated example. There have been a number of court cases and serious case reviews containing disturbing details of how children have been severely physically abused, often over a prolonged period. Alongside that, it is important that we see wider changes, including greater public awareness, so that adults can spot the signs of abuse and reach out if they have concerns about a child, and additional resources for local authorities, so that early intervention services and children’s social care can respond effectively when they think a child is at risk.

Cuts to funding and the rising demand for support has meant that local authorities are allocating greater proportions of their spending to late intervention services, while investment in early intervention is in many cases just not there. Early intervention is my personal crusade because, surely, prevention at the earliest possible time is what we all ought to strive for. We need to see a child-focused justice system that does not exacerbate the trauma that young victims and witnesses have already experienced. Positive experience of the justice system can help them move forward, but negative experience can be damaging and, for some children, retraumatising.

We need increased capacity and investment in the criminal justice system, so that policy and procedures may progress cases efficiently and delays may be reduced. Children need to have access to specialist assistance measures in court, such as assistance from a registered intermediary who can support a young victim or witness in giving evidence. Therapeutic support for children who have been experiencing abuse and neglect needs to be universal and easily accessible. That is vital to enable children to process the trauma that they have experienced, to begin to heal and to move forward.

I understand and know that the ability to impose a stronger sentence is not the panacea, but it is really important that at the very least, child abuse is on a parity with adult abuse in terms of sentencing. I hope that the Ministers will support the new clause and, by doing so, show their dedication to tackling child abuse and to proportionate sentencing for that horrendous crime.

[Chris Philp]

The case of Tony Hudgell is truly heart-breaking. The abuse that he suffered at the hands of his birth parents is shocking beyond expression. In fact, I met his adopted mother, Paula, only a few months ago. We discussed the case and what happened at some length. It is something that I have become personally acquainted with not so long ago.

It is worth making it clear that where it is possible to prove who specifically inflicted the abuse, these offences do not need to be charged and instead the more usual offences can be charged, such as grievous bodily harm with intent, which carries a maximum sentence of life. The problem that arises in cases like Tony Hudgell’s is where it is not possible to prove specifically who it was who carried out the offence. He had two birth parents and it could have been either of them.

As I understand it from that case, there was no way that the court, the prosecution or the police could prove which of the two birth parents it was. That means they could not be charged with the regular offence—such as GBH with intent—that would have carried a life sentence. Instead, therefore, they fell back on the other offence, which we are debating now: causing or allowing, in which it cannot be proved that someone actually did it, but we can say they allowed it. If people cause or allow the death of a child or vulnerable adult, the maximum penalty is 14 years or, in the case of causing or allowing serious physical harm to a child or vulnerable person, a maximum of 10 years. That was the offence charged in the Hudgell case.

I have been informed that we have conducted a review of charges under the clause, and my understanding is that the only instance where the judge went all the way up to the maximum of 10 years was in that case. It is clear from the sentencing remarks that the judge would have gone further, but I think it is the only case where the judge has gone to the maximum.

Even though the case is the only one, it is so appalling, and I have discussed it with the Lord Chancellor, who will look at it again. It is a delicate area of law to pick through because it cannot be proved that it was the particular person who has been convicted—it could have been one of two—and it therefore requires a bit of thought.

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[Sarah Champion]

I am listening intently to the Minister. Is it his assumption that the Lord Chancellor will look at this before Report?

[Chris Philp]

Honestly, I would not have thought so. That is only a week and a half away, but I will pass that representation on. I know hon. Members want to hear at an early stage, such as Report.

[Sarah Champion]

It is only so that we do not lose the legislative opportunity.

[Chris Philp]

I understand. I will convey the hon. Lady’s point. As I have said two or three times previously, there are several other Bills in this Session that might be suitable for reform. This is not a “one chance and it is gone” situation. My main purpose in speaking today was, first, to pay tribute to Tony’s adoptive parents and to Tony for his bravery, having suffered such appalling abuse, but also to tell the Committee that the Lord Chancellor is actively and seriously considering this important area.

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[Alex Cunningham]

Before I speak to these clauses, I must congratulate my hon. Friend the Member for Hove (Peter Kyle) on his tireless work in bringing attention to the terrible crime of sex for rent, as well as on his work on the topic of criminal child exploitation, which I will come to in due course. As my hon. Friend wrote to the Lord Chancellor back in January, the Opposition believe that people must be able to live in a safe home, free from the risk of exploitation, yet today many vulnerable young people in particular are being coerced into engaging in sex simply to keep a roof over their head. They are forced into the horrific situation of giving sex for rent, something that, to most, is unthinkable, yet this is by no means rare or unusual. Research by the housing charity Shelter estimates that 30,000 young women have been propositioned with sex-for-rent offers since the beginning of the pandemic. Meanwhile, investigations by the Daily Mail have found lists of sex-for-rent advertisements on the website Craigslist, with telephone numbers of landlords included.

While offering sex for rent is technically incitement to prostitution and a crime under section 52 of the Sexual Offences Act 2003, at present the legal framework requires the victim to self-define as a prostitute in order to secure a conviction. Not only is this morally wrong, it acts as a clear disincentive to victims of this repugnant crime coming forward to the police. It is little wonder, therefore, that despite up to 30,000 people being propositioned with sex-for-rent offers during the pandemic alone, only a handful of charges have ever been brought against offenders using existing legislation. Despite repeated warnings from campaigners and the Opposition, the Government have done little to halt the sex-for-rent phenomenon. In particular, they have failed to create a new specific offence of sex for rent. That is why the Opposition have tabled new clause 63, which would create a new specific offence of requiring or accepting sexual relations as a condition of accommodation.

[Sarah Champion]

I fully support the arguments that my hon. Friend is making and the new clauses that he has tabled. They lead into arguments that I have been making myself, in that I do not think one ought to be able to buy consent, and that is fundamentally what is happening in this situation.

[Alex Cunningham]

That is exactly the point. If people have actually undertaken that sexual relationship with a landlord, apparently, they are seen to have been doing so willingly, which most certainly should not be the case.

Unlike section 52 of the Sexual Offences Act, new clause 63 would not require a victim of sex for rent to self-identify as a prostitute in order to secure a conviction. Put simply, it would allow victims of this horrendous crime to come forward without any fear of retribution or damage to their reputation. Similarly, it would give the police the powers they need to pursue a prosecution.

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[Victoria Atkins]

I understand that point. I am carefully examining the wording, and the section 52 offence applies when an identified victim has been caused to engage in prostitution or has been incited to do so, regardless of whether prostitution takes place. I understand the concerns of the victims, who we are so worried about, and that the wording of the Sexual Offences Act 2003 can cause a further layer of distress in someone who is seeking help or who wants to report an offence, but there is a very fine distinction. I appreciate that I am probably indulging in the law of semantics, but it is a very delicate balance. Of course, we must emphasise that if someone finds the courage to report such a crime to the police, they will benefit from the anonymity provisions under the Sexual Offences (Amendment) Act 1992. We must support victims in the court process when they are following through with such difficult allegations, in order to bring them to the attention of the police and to investigate and prosecute.

[Sarah Champion]

I understand the point that the Minister is making, but there is so much stigma around the word “prostitution” that I cannot see a situation where many young women would willingly come through, knowing that that would be associated with them for the rest of their lives. That is why the new clause is so powerful, because it clearly puts the onus on the man—it is almost always a man—as an exploiter, whereas the woman is the victim. That is why the new clause is so important.

[Victoria Atkins]

I understand that. Indeed, I seem to recall a Westminster Hall debate a couple of years ago in which the hon. Lady admonished me for my use of the phrase “sex work”, when in fairness I had been using both “prostitution” and “sex work” throughout the debate. It is very important to be sensitive to the terminology used and what it can mean to different people, and I understand that.

Under section 52, it would be illegal to advertise a product or service that incited prostitution for gain, and the promise of provision of accommodation in return for sexual services may be covered by this offence, depending on the specific services.

[Sarah Champion]

If it is acceptable, I want to put on record my thanks to the Minister, because from that point forward, when I raised the issue in that debate, she has always used the terms “sex worker” and “prostitute”, as have her civil servants. Although the two are sometimes interconnected, they are two very separate things. I know that has been of huge benefit to the sector, so I thank the Minister.

[Victoria Atkins]

I am extremely grateful to the hon. Lady.

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[Sarah Champion]

Does my hon. Friend share my concern that, because the courts are clogged up, such examples are likely to become more and more pronounced in the coming months and years?

[Alex Cunningham]

Indeed, yes. I know that the Government are working hard to clear the backlog, but the fact remains that the backlog is considerable, and it will impact on young people in the system. As a direct result of those problems, many young people will turn 18 before they have their trial and their case heard.

Our idea would mean that children who committed offences as children received a child’s spending period, which is a principle with which I would have thought all members of the Committee could agree. The criminal records system for children in England and Wales is already highly punitive compared with such systems in other countries. The Opposition are enthusiastically supportive of the Government’s direction of travel on criminal records, as shown with respect to our consideration of clause 163. None the less, as I said then and say again now, there is room to go further.

As Just for Kids Law notes, rehabilitation periods for those who turn 18 will generally remain more than double those for under 18s. For example, following custodial sentences of more than one year and up to four years, rehabilitation will be four years for those convicted over the age of 18, compared with two years for those convicted under 18, and that is regardless of the age of the person on the date the offence was committed. We know, and have discussed previously in Committee, the serious impact that disclosure of a criminal record can have on an individual’s access to employment, which in turn can have consequential impact on the individual’s ability to move on to a crime-free life.

That issue is especially pertinent to very young adults. In an excellent submission to the Committee, the Transition to Adulthood Alliance said:

“In young adulthood, there is a crucial window of opportunity where a pro-social identity and desistance from crime can be cultivated. The ‘plasticity’ of their brains means that it is a particularly good time for learning, personal growth and the development of pro-social identity… However, by virtue of their stage of development, young adults can quickly become disillusioned and disengaged from professionals if support is not forthcoming, appropriate or timely.”

It concludes:

“Young adults’ experiences of the justice system are therefore of utmost importance in determining their capacity to build a crime-free future, develop their potential, and contribute to society.”

The Transition to Adulthood Alliance is referring to young adults as those aged up to their mid-20s, and it bases its case on an irrefutable and growing body of evidence that the brain is not fully formed until at least the mid-20s, which means that young adults typically have more psychosocial similarities to children than to older adults in their reasoning and decision-making.

I have said throughout our consideration in Committee that the Bill does not do enough to recognise those maturity issues, but the injustice created by the Government’s lack of consideration of the issue of maturity is felt most keenly here—when we treat a child of 17 years and 364 days as a child, but treat the same person completely differently when only a day more has passed. Surely our intention is to support youth offenders to rebuild their lives far from patterns of offending, yet imposing longer rehabilitation periods on some child offenders—those unfortunate enough to have been convicted after they turned 18 because of some delay in court listing or a police investigative delay—will make it harder for them to do so, and indeed may even contribute further to their disengagement and disillusionment with the system.

I would be interested to hear whether the Minister thinks that is something the Government could consider addressing. We are enthusiastic about the direction of travel on criminal records, and I hope that this proposal might be something he feels his Department could include in its ongoing work on criminal records reform.

Let me turn to new clause 67, which would put in law the advice at paragraph 6.3 of the guidelines on sentencing children and young people, which states:

“When any significant age threshold is passed it will rarely be appropriate that a more severe sentence than the maximum that the court could have imposed at the time the offence was committed should be imposed.”

That principle already has cross-party support, as well as wide support in the sector among lawyers and academics alike.

I recognise the great work that the hon. Member for Aylesbury (Rob Butler) has done on the issue and acknowledge the wealth of professional experience and wisdom that he brings to it. If a child is convicted but turns 18 prior to sentence, they are entitled to receive a youth sentence. If they turn 18 before conviction, the youth court may retain sentence if crossing the age threshold would occur during proceedings, but if they turn 18 before proceedings start, they can no longer receive youth sentences even if they committed the offence as a child.

Just for Kids Law has pointed out what that means:

“Only adult disposals will be available to the court, despite the defendant being sentenced for offences committed as a child. As a result, they become subject to the purposes of adult sentences which include deterrence, punishment of the offender and protection of the public. This is a significant shift from the purposes of child sentences, which have the prevention of reoffending as the principal aim, and the welfare of the child as a central consideration.”

Surely sentences are meant to reflect the criminality of the offence, which is determined by the circumstances of that offence, not the random date on which the case was finalised.

I have mentioned this matter time and again—it needs to be addressed—but the overwhelming backlog of court cases further exacerbates such injustices. According to Crest Advisory, Ministry of Justice figures published this week show that at the end of March the number of outstanding cases in magistrates courts was 396,419—21% higher than in March 2020. Outstanding cases in Crown court at the end of March were up 45% and at their highest since records have been compiled in such a way, with 59,532 cases still not completed.

It is particularly relevant to our discussion that timeliness has got much worse. It is taking far longer for cases to be resolved. In magistrates court, at the start of this year the average period from an offence being committed to a case being completed was 200 days—nearly seven months. Even at the start of 2020 it took 175 days. In Crown court it is even worse, and the median period for a case to go from offence to completion is 363 days—almost a year. That is a long time in which a child may turn 18. That would be no fault of their own, but it would be the fault of the Government with respect to tackling the backlog. Turning 18 during that time has significant impact on the outcome of children’s cases: they are prosecuted in adult courts, so the opportunity to benefit from the youth justice system is lost.

Does the Minister think that the aims of the youth justice system—preventing reoffending and protecting the welfare of children—should expire because of his backlog? He and I have butted heads over the backlog many times, and he often points towards the impact that covid has had on the justice system. I agree that that has been significant, although there were serious issues before the pandemic. Does he think the aims of the youth justice system should be allowed to expire because of the pandemic? Is that a reasonable justification for denying children who later move officially into adulthood the benefits of the youth justice system? I hope he agrees that it is not and that he will support the aim of the new clause, which would provide a consistent approach to childhood offending and ensure that those who turned 18 between the offence being committed and sentencing were not subject to more severe sentences than the maximum the court could have imposed when the offence was committed, unless there were exceptional reasons to do so.

[Sarah Champion]

Does my hon. Friend agree that the point of our justice system is to be seen to be acting without fear or favour in a fair way, and that for a child this would not be considered fair?

[Alex Cunningham]

Exactly that. I am sure that young people will be confused by a system in which, all of a sudden, they find themselves appearing in adult court instead of youth court, particularly if they have previous convictions. They will be bamboozled by it all and frightened by the process.

The UN Committee on the Rights of the Child has been clear:

“Child justice systems should also extend protection to children who were below the age of 18 at the time of the commission of the offence but who turn 18 during the trial or sentencing process.”

Children who offend as children should feel the benefit of the youth justice system and should be afforded access to the same sentencing framework. That would give those children a better opportunity to be diverted from a cycle of reoffending and help them to rebuild their lives, which is something I am sure every member of the Committee thinks is worth aspiring to. I look forward to the Minister’s response.

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[Mr Goodwill]

The new clauses would strengthen the powers of the police and the courts to tackle the thorny and persistent problem of illegal hare coursing. Hare coursing is a form of poaching whereby offenders trespass on private land in pursuit of hares with dogs, but that is not simply about taking one for the pot. Rather, it involves high-stakes illegal gambling, as dogs are pitted against each other in a test of their ability to chase, catch and kill hares.

Coursing contrasts with traditional poaching—I have a picture in my mind of Claude Greengrass in “Heartbeat”, which was filmed in my constituency—in that the carcases of the dead hares are cast aside as waste and often left to rot in the field after the kill. Offenders destroy gates and fences to gain access to the land, and tear up newly sown crops as they follow the chase in their vehicles. The hare coursing season, for want of a better word, runs from August to March, between the harvest being cleared from the fields and the new crops getting out of the ground. Coursing is normally, but not exclusively, undertaken on areas of flat arable land, and often filmed from a vehicle and livestreamed across the internet. Large amounts of money are illegally bet on the outcome of the chase and ultimately, and almost inevitably, the kill.

The dogs involved in the sport are highly prized by their owners due to their ability to win large amounts of money. Police have the power to seize dogs at the scene of the incident, but cannot reclaim the cost of looking after them from the offender if a conviction is secured. There can be a number of months between the seizing of a dog at the time of the offence and the trial, imposing severe pressure on the budgets of police forces. As a result, many forces do not seize the dogs at first investigation, but it is impossible for courts to issue a forfeiture order if the animal is not already in custody.

New clause 69 would strengthen the ability of the police to seize dogs, as it would enable the investigating police force to be reimbursed for the cost of kennelling confiscated dogs pending trial. That would sweep away the budgetary burden on police forces and empower officers to remove dogs from fields, which ultimately means removing the tools of the trade from hare coursers.

A broad coalition of organisations has come together to support those legislative changes, including the Country Land and Business Association, the National Farmers Union and the Royal Society for the Prevention of Cruelty to Animals—three organisations of which I am a member—as well as the Countryside Alliance, the Tenant Farmers Association and the Kennel Club.

The changes are also supported by officers working on the police’s national approach to hare coursing, which is known as Operation Galileo. Police have begun to investigate the links between hare coursing and organised crime. In September 2018, Thomas Jaffray was jailed for 13 years and four months after being found guilty of conspiracy to supply cocaine, amphetamine and cannabis, and a conspiracy to launder the proceeds of crime. Jaffray was regularly involved in hare coursing in Lincolnshire and other parts of the country.

The leader of Operation Galileo, Chief Inspector Phil Vickers, has said that

“rural communities rightly expect us to use all of the tools at our disposal to tackle offending, and by developing our understanding of the criminal links, we can do just that.”

However, occasions on which there is betting activity are not the only problem. The participants see coursing as a sport in which they need regularly to train their dogs, and the Country Land and Business Association estimates that tens of thousands of hares are slaughtered each year in illegal hare coursing, with members reporting multiple incidents each week with up to 10, and sometimes as many as 20, hares being killed by dogs on each visit.

This year’s National Farmers Union rural crime survey found that 41% of farm businesses had experienced hare coursing during 2020. I should point out that neither of my new clauses attempts to interfere with the Hunting Act 2004, which the Government have a manifesto commitment not to amend.

New clause 70 makes proposals in relation to the fine that could be imposed when an individual was convicted of hare coursing offences. Fines imposed under section 30 of the Game Act 1831 are set at level 3, which means that there is a cap of £1,000. Evidence collected by the CLA refers to hare coursing convictions spanning 15 years and lists 175 separate convictions, 75% of which were brought under the 1831 Act. The CPS specifically recommends the use of that Act for hare coursing offences. Sentencing data from the same 15 years show that fines amount to just a couple of hundred pounds, even for repeat offenders. In essence, that amounts to the cost of a day out for those individuals in pursuit of their so-called sport.

The new clause would increase the financial risk attached to the practice of hare coursing better to reflect the anguish and damage caused by those offenders, against the backdrop of the large financial reward they collect for, in essence, getting away with it or, at the very least, getting off lightly.

It would be remiss of me to conclude without highlighting the fear and anguish that hangs over farmers and landowners who are regularly targeted by hare coursers. These offenders are highly unsavoury individuals who often have a string of other offences to their name and who, if challenged, can become abusive, aggressive and threatening. Farmers and landowners live in constant fear of retribution if action is taken against the coursers. Physical threats are being made to farmers and straw stacks are vulnerable to arson attacks.

Hare coursing is a blight on our rural communities and an abuse of our precious wildlife. Men are running amok around the countryside without fear of penalty as police officers are poorly equipped with the legislative tools to match the contempt of these offenders. These new clauses offer an opportunity to equip our police officers and courts with the powers they need to tackle the problem head on and send a strong message that hare coursing will no longer be tolerated.

I look forward to hearing from the Minister that this is a problem recognised by the Government and that they intend to take action. It may well be that more measures could be taken. Indeed, I am sure that the Minister is aware that my hon. Friend the Member for North East Bedfordshire (Richard Fuller), who was fortunate in the private Member’s Bill ballot, has published the short title of his Bill, which seems to address this issue. I hope for reassurances from the Minister that will obviate the need to divide on this issue.

[Sarah Champion]

I fully support everything the right hon. Gentleman has said. This is not sport, but chasing down a wild animal to rip it apart for money. I am opposed to that, as I am to other blood sports. It is not done by local people, but people who come from all over the country in an organised manner. They do enormous damage to the land, and threaten and intimidate local people who expose their actions.

I agree that the fines for this brutish behaviour are far too small. These new clauses would put much better protections and sanctions in place. I also agree that if the police had the resources to take the dogs, that would be a much better threat to those people, because without the dogs they are unable to keep going with this so-called sport. Also, the dog is worth much more to them than the threat of the fine.

[Victoria Atkins]

I thank my right hon. Friend the Member for Scarborough and Whitby for bringing these new clauses before the Committee. I address the Committee as a Minister, but if hon. Members would indulge me for a moment, I will speak as a constituency MP. My right hon. Friend mentioned Chief Inspector Phil Vickers, who is my chief inspector. I am a Lincolnshire MP and my constituency suffers terribly from the crime of hare coursing.

These can be terrifying crimes for the farmers and landowners on whose land they are committed, because if a farmer or someone working on the farm dares to challenge those people, they can, in most cases, find out where they live. I have had instances where farmers have been worried about their family’s safety and their own safety at home, because of the fear that, in going out in the middle of the night and challenging the hare coursers, they will alert the criminals to where they live or the vicinity of where they live.

These are serious crimes that can have a huge impact on the landscape, and hares within our constituencies as well. They are the most beautiful creatures. Watching one gambolling along across a field as dawn is rising can be a very beautiful view in our countryside, yet these people come fully equipped with huge lights and, often, stolen vehicles. Money is bet on the ways in which the hare will turn, or which dog will prevail, which is truly unpleasant.

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[Sarah Champion]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 77—Commercial sexual exploitation by a third party—

“(1) A person commits an offence if—

(a) the person (C) assists, facilitates, controls, or incites, by any means, another person (B) to engage in sexual activity with another person (A) in exchange for payment, anywhere in the world; and

(b) the circumstances are that—

(i) the person (C) knows or ought to know that the other person (B) is engaging in sexual activity for payment; and

(ii) the person (C) assists, facilitates, controls, or incites the other person (B) to engage in sexual activity with another person (A) with the intention of receiving payment.

(c) Subsection (1) of this section is to be construed in accordance with section [Commercial sexual exploitation].

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

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

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.”

This new clause criminalises pimping.

New clause 78—Advertising—

“(1) A person commits an offence if the person causes or allows to be displayed or published, including digitally, any advertisement in respect of activity prohibited by sections [Commercial sexual exploitation] and [Commercial sexual exploitation by a third party] of this Act.

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

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

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.”

This new clause criminalises those who benefit from the advertising of sexual services. This includes ‘pimping websites’.

New clause 79—Extra-territoriality—

“(1) A person who is a UK national commits an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act regardless of where the offence takes place.

(2) A person who is not a UK national commits an offence—

(a) under sections [Commercial sexual exploitation] to [Advertising] of this Act if any part of the offence takes place in the UK, and

(b) under section [Advertising] of this Act if any person in the UK pays money to any other person as a result or through the advertisement published or displayed.”

This new clause allows criminal prosecutions for acts contravening the relevant sections whether they occur within or outside the United Kingdom.

New clause 80—Immunity of victims—

“(1) A person (B), by reason of their involvement as a victim of an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act by another person (A) does not commit an offence by doing anything which (apart from this paragraph) would amount to—

(a) aiding, abetting, counselling, or procuring the commission of an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act by the other person (A);

(b) conspiring with the other person (A) to commit an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act; or

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting offences) in relation to the commission of an offence under sections [Commercial sexual exploitation] to [Advertising]of this Act by the other person (A); or

(d) an offence under section [Advertising] of this Act.

(2) In this section it is immaterial whether the other person has been convicted of an offence.”

This new clause ensures that those subject to commercial sexual exploitation do not find themselves criminalised by having ‘assisted’ the person buying sexual services.

New clause 81—Power of Secretary of State to disregard convictions or cautions—

“Section 92 of the Protection from Freedoms Act 2012 is replaced as follows.

‘92 Power of Secretary of State to disregard convictions or cautions

(1) A person who has been convicted of, or cautioned for, an offence under—

(a) section 12 of the Sexual Offences Act 1956 (buggery),

(b) section 13 of that Act (gross indecency between men), or

(c) section 61 of the Offences against the Person Act 1861 or section 11 of the Criminal Law Amendment Act 1885 (corresponding earlier offences),

may apply to the Secretary of State for the conviction or caution

to become a disregarded conviction or caution.

(2) A person who has been convicted of, or cautioned for, an offence under section 1 of the Street Offences Act 1959, may apply to the Secretary of State for the conviction or caution to become a disregarded conviction or caution.

(3) A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.

(4) For the purposes of subsection (1), condition A is that the Secretary of State decides that it appears that—

(a) the other person involved in the conduct constituting the offence consented to it and was aged 16 or over, and

(b) any such conduct now would not be an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory).

(5) For the purposes of subsection (2), condition A is that the Secretary of State decides that it appears that any such conduct now would not be an offence under sections [Commercial sexual exploitation] and [Commercial sexual exploitation by a third party] of the Police, Crime, Sentencing and Courts Act 2021.

(6) Condition B is that—

(a) the Secretary of State has given notice of the decision to the applicant under section 94(4)(b), and

(b) the period of 14 days beginning with the day on which the notice was given has ended.

(7) Sections 95 to 98 explain the effect of a conviction or caution becoming a disregarded conviction or caution.’”

This new clause permits those who as a result of exploitation have convictions for soliciting, to have their conviction disregarded.

New clause 82—Repeals—

“The enactments specified in the following Table are repealed to the extent specified in column 2 of the Table.

[Sarah Champion]

The new clauses were tabled by my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson). Their purpose is to stop commercial sexual exploitation by ending impunity for exploiters and supporting, rather than sanctioning, victims and survivors. First, they would criminalise those who pay for sexual activity with others. Secondly, they would decriminalise those who are subject to commercial sexual exploitation. Thirdly, they would criminalise those who intend to profit from and/or advertise the commercial sexual exploitation of others. In sum, they would break the business model of sex trafficking, which leads in most cases to the prostitution of people.

Organised commercial sexual exploitation is taking place on an industrial scale in England and Wales. Evidence obtained by the all-party parliamentary group on prostitution and the global sex trade, which I previously chaired, revealed that the UK sex trade is dominated by organised crime. Criminal gangs exploit predominantly non-UK national women, advertising on pimping websites such as Vivastreet and Adultwork, and move these women around the networks of so-called pop-up brothels and hotel rooms to be raped by paying punters. Available evidence suggests that Romanian women are heavily represented among the women exploited in brothels across Britain. Over a period of two years, Leicestershire police visited 156 brothels, encountering 421 women, 86% of whom were from Romania. Northumbria police visited 81 brothels over two years, and of the 259 women they encountered in the brothels, 75% were Romanian.

The suffering inflicted on the minds and bodies of women in these brothels by man after man after man after man can scarcely be imagined. One woman trafficked to the UK said:

“To begin with [the offenders] were my friends but, as soon as we came to England, they started to physically abuse me. He beat me many times because I was not earning him enough money…Even though the clients did not physically abuse me, I felt abused because I was forced to have sex with them even when I did not want to do so. Sometimes that was painful. After a while, I felt disgusted by what I was doing and I wanted to stop but [he] wanted more money and he forced me to continue.”

Sex trafficking gangs are ruthlessly exploiting women in our constituencies for one reason only: money. The disturbing reality is that, today, England and Wales are attractive destinations for sex traffickers. Perpetrators face low risks for high profits. Why are the profits so high and the risks so low? Because we have unfettered demand from men who pay for sex, and in doing so fund these criminal gangs; and we have lucrative pimping websites on which traffickers can quickly and easily advertise their victims to sex buyers across the country. Shockingly, these pimping websites are legal.

Alongside this impunity for online pimps and punters, perversely, the women they sexually exploit can themselves face criminal sanctions for soliciting, making it harder for them to seek help and rebuild their lives, as we discussed. Our laws are hindering, rather than helping, the fight against sex trafficking; they need to be strengthened now. To break the business model of sex trafficking, we have to deter demand, end impunity for online pimping, and support, not sanction, the victims and survivors. The new clauses would do just that. They would bring our laws in line with those of France, Israel, Northern Ireland, Ireland, Sweden, Norway and Iceland. All of those countries have criminalised paying for sex and decriminalised victims of sexual exploitation, in order to put pimps and traffickers out of business. It is high time that England and Wales joined that list. I look forward to what the Minister has to say about these new clauses.

[Victoria Atkins]

I am grateful to the hon. Lady for putting the case for new clauses 76 to 82 on behalf of the hon. Member for Kingston upon Hull North, who in the last Parliament had a ten-minute rule Bill on the issue.

The Government’s long-standing policy towards sex work and prostitution has been focused on tackling the harm and exploitation that can be associated with prostitution, as well as ensuring that those wishing to exit sex work are appropriately supported. These six new clauses seek to make significant changes to the legislative regime governing prostitution and sex work. In summary, they would impose what is known as the sex buyer law, or Nordic model, which would criminalise the buying but not the selling of sexual services, the profiting by third parties from sexual services and the advertising of sexual services.

Under English and Welsh law currently, the buying and selling of sexual services are not necessarily unlawful in themselves. In other jurisdictions where the buying of sex has been criminalised, such as France, Northern Ireland and Sweden, there has been no conclusive evidence to show that the criminalisation of the demand for sex has either led to a significant decrease in the demand for sexual services or improved the conditions in which sex workers operate. Indeed, there is some evidence to suggest that criminalising the purchasing of sexual services worsens the conditions in which prostitutes and sex workers operate. It may change the profile of buyers of sexual services, distilling the demand down only to those willing to break the law to purchase such acts and forcing prostitutes and sex workers to engage in forms of prostitution associated with higher levels of harm. In the absence of unequivocal evidence, the Government have therefore maintained their line that we are focusing on trying to exit people and trying to reduce the harm and exploitation that they face.

[Sarah Champion]

The argument that the Minister makes assumes the ability to give informed consent by the people in prostitution. I have no problem whatsoever with people who are choosing to prostitute themselves. What I have an issue with is sex trafficking and the number of people—and I know that the Minister is very aware of this—who are forced into this situation. I see no better approach than to remove the financial reward for these people, to enable those who actually want to prostitute themselves to go ahead.

[Victoria Atkins]

I very much accept the hon. Lady’s point about the coercive aspect of trafficking—forcing people into prostitution and sex work. It is a huge part of our work to tackle modern slavery and sex trafficking. We have covered this ground already, albeit on a slightly different subject. Section 52 of the Sexual Offences Act 2003 makes it an offence to cause or incite another person to engage in prostitution for one’s personal gain or the gain of a third party. Section 53 also creates an offence relating to one’s personal gain or the gain of a third party, and under section 53A it is a strict liability offence to pay for the services of a prostitute subjected to force, coercion, deception or exploitation. All of those offences are captured by the definition of exploitation in section 3 of the Modern Slavery Act 2015, by virtue of which human trafficking with a view to committing the aforementioned offences carries a maximum sentence of life imprisonment.

The other new clauses in the group stand or fall with new clauses 76 and 77. I will not address them, because I know an important matter is to be debated after this and I am mindful of time. We are taking action to tackle harmful activity online—that is a very important point in this subject area. With the Online Safety Bill, which I have already addressed several times in Committee, the imposition of a legal duty on certain online services providers to tackle criminal activity on their services will apply to a range of instances covered by this topic. The tech companies and services that are in scope will have to put in place systems and processes to limit the spread of illegal content and to remove it swiftly.

On the wider work of the violence against women and girls strategy, prostitution and sex work have been raised in many of the responses that we have received, and we very much intend to address actions on that to reduce the risks for women working in prostitution and sex work. As always, I would very much welcome the hon. Lady’s ideas and suggestions on these aims, and I am very happy to work with her and the right hon. Member for Kingston upon Hull North on addressing some of those harms, which we are all determined the prevent.

[Sarah Champion]

I am happy to withdraw the clause. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

[The Chair]

New clauses 77 to 82 have already been debated, so we come now to new clause 83.

New Clause 83

Concealing a body

“(1) A person (‘D’) is guilty of an offence if—

(a) D conceals the deceased body of another person, and

(b) D intends to obstruct a coronial investigation, or

(c) D conceals a death to facilitate another criminal offence.

(2) For the purposes of subsection (1)(b), the circumstances in which a coronial investigation is required are set out in section 1 of the Coroners and Justice Act 2009.

(3) For the purposes of subsection (1)(a), concealment of a homicide will be conclusive evidence of an intent to obstruct a coronial investigation.

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

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

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(5) The common law offence of obstructing the coroner is abolished.”—(Bambos Charalambous.)

Brought up, and read the First time.

Police, Crime, Sentencing and Courts Bill (Eighteenth sitting)

Sarah Champion Excerpts

Committee stage
Tuesday 22nd June 2021 Public Bill Committees

[Chris Philp]

There is a lot to speak to in this group of new clauses, all of which cover the extremely serious question of the evidence given by rape complainants and other victims of sexual violence before the court and the need to make sure that they are properly looked after and that no one is deterred from coming forward with their claim. It would be terrible if people had an allegation and did not feel able to make it because they were concerned about the issues that we have talked about this afternoon.

I will take each new clause in order. New clause 57 talks about the rules around the disclosure of counselling or therapy sessions in some circumstances. It is important to set out how the law currently stands. There are already significant safeguards, and it is worth going through them. First, the police may request advice from prosecutors on whether something might be a reasonable line of inquiry. If they believe that medical notes might be a reasonable line of inquiry, they are allowed to approach the counsellor. They are not allowed to approach the counsellor simply because they believe such notes exist; that is allowed only if they believe the notes would support a reasonable line of inquiry.

If the notes do exist and if there is a reasonable line of inquiry, the police may approach the therapist to ascertain the situation, and the therapist may confirm or not confirm that there is a reasonable line of inquiry to pursue whether the notes do or do not exist. If they do exist, and if there is a reasonable line of inquiry, the therapist or counsellor does not disclose the relevant notes unless the victim gives their consent. The victim can withhold their consent and say, for whatever reason—understandably, in many cases—“I am not comfortable having that disclosed.” Unless there is a court order compelling disclosure, which is a significant process that involves going to the court to get an order, the notes are not disclosed.

If the victim agrees that the notes can be disclosed, that does not mean they will necessarily be produced in evidence or disclosed to the defence. That will happen only if there is material capable of undermining the prosecution or, conversely, capable of assisting the case for the defence. So there are several steps to go through before very sensitive, private and personal information gets disclosed, one of which is the victim’s own consent. That can be overridden only by an order of the court.

[Sarah Champion (Rotherham) (Lab)]

I appreciate how sensitively and proactively the Minister is responding. The problem seems to be the perception as opposed to the reality on the part of the victim and also on the part of the police who, from my constituents’ experience, were routinely saying, “Unless you give us that information, we cannot proceed with the case.” That has a chilling effect, which is why I am pushing for clarity and also a change in the law so that the guidance that should be there now would necessarily flow from that change in the law.

[Chris Philp]

I accept the point that there are instances, such as those that the hon. Lady referred to in her speech and I am sure exist more widely, where victims have had things said to them that are basically not appropriate and that either misrepresent the law as it currently stands or have the effect of deterring someone who would otherwise want to proceed with a case. That is probably one of the things that contributes to the unacceptably low level of rape prosecutions at the moment.

Paragraph 20 of the rape review report explicitly includes working with the police and getting them to take a different approach, frankly, to the one that the hon. Lady described in her speech and intervention. That will avoid the chilling effect. A moment ago, I laid out the law as it stands: it provides significant safeguards, including the victim’s own consent. The issue is not the law, but how the law is being described to victims. That is why this issue is not so much for legislation but for the police and others to communicate more appropriately with victims. I assure the Committee that that is absolutely at the heart of the Government’s agenda for the rape review and other work.

--- Later in debate ---

[The Chair]

I call Sarah Champion if she would like to respond before I call the shadow Minister.

[Sarah Champion]

My frustration is that we always promised jam tomorrow. It is always a report, a review or a consultation. All I want—and I believe the House wants—is for the justice system to be victim-centred rather than causing damage to victims of crime. I heard what the Minister said, and I am content to withdraw the new clause.

[Alex Cunningham]

I do not intend to press new clause 42 to a vote, but I hope that the Government’s future plans will recognise the need for a provision to better serve victims. Similarly, I was mindful of pressing new clause 68, but I am delighted by the clear statement from the Minister quoting, I believe, from the document referred to the Commission. I am satisfied that these issues will be looked at. I hope that it is not just an internal review by the Law Commission but will listen to the views of people outside, including me and my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman).

[Sarah Champion]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 16

Threshold for imposing discretionary custodial sentence

“Section 230 of the Sentencing Act 2020 is amended as follows—

‘(2A) If the court finds that the offence is so serious that neither a fine alone or a community sentence can be justified for the offence, it must state its reasons for being satisfied that the offence is so serious (having regard to the principles in subsection (2B), and, in particular, why a community order with appropriate requirements could not be justified).

(2B) When forming an opinion under subsection (2), the court should take account of the following principles—

(a) Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Custody should not be imposed where a community order could provide sufficient restriction on an offender’s liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime.

(b) Sentences should not necessarily escalate from one community order range to the next at each sentencing occasion. The decision as to the appropriate range of community order should be based upon the seriousness of the new offence, or offences.

(c) Section 65 of the Sentencing Code (a relevant previous conviction to be treated as an aggravating factor) should not be interpreted so as to push over the custody threshold the sentence for one or more offences that would not themselves justify custody.

(d) Where the offender being sentenced is a primary carer, imprisonment should not be imposed except for reason of public safety.’”—(Alex Cunningham.)

Brought up, and read the First time.

[Alex Cunningham]

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

I begin by thanking the Centre for Crime and Justice Studies for its work on this new clause. Its considered and thoughtful approach to reform in this area has been utterly invaluable.

This new clause amends the Sentencing Act 2020 to strengthen the custody threshold by making provision for sentencers to state their reasons when imposing a custodial sentence. We have tabled this new clause with a view to encouraging sentencers to use community-based sentences rather than short prison sentences. The benefit of community disposals has been discussed at length in the Committee, especially in our discussion on part 6, and I do not propose to go over those issues again in full.

The Opposition are interested in reforming the sentencing regime to guard in some way against short sentences, which evidence suggests may be associated with higher levels of reoffending than sentences served in the community, and during which there is little time to address the offender’s needs. The Lord Chancellor’s predecessor was acutely interested in reform in this area. In fact, while we are on the topic, I would be interested to hear an update from the Minister on the Ministry of Justice’s unpublished Green Paper that features sentencing proposals to reduce the use of short-term custody. I recognise that his Department’s position has moved on somewhat since then, but the paper may contain an evidence base that is helpful for legislators across the House as we seek to better our criminal justice system. Perhaps he can share some of its findings.

But the current Lord Chancellor is not as enthusiastic about radical reform in this area as his predecessor, so we have tabled a new clause that is a principled starting point for reform on this issue, which we hope the Government can adopt and build on. The aim of the new clause is to reduce the use of custody for less serious offending, for which there are better and more appropriate responses in the community sentencing framework.

The premise of reserving imprisonment for serious offences is already established in statutory terms in the Sentencing Act 2020, section 230 of which states:

“The court must not pass a custodial sentence unless it is of the opinion that — the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.”

However, it notes that the threshold is generally not applicable

“where a mandatory sentence requirement applies”.

But even though we already have statutory provision that should guard against it, HM Inspectorate of Probation’s 2019 inspection on “Post-release supervision for short-term prisoners” recognises that, in reality, people continue to go on an “expensive merry-go-round” of multiple wasteful short prison sentences.

The report noted that within the cohort of offenders on short prison sentences, women are disproportionally serving such sentences, with 15% of all female prisoners on them as compared with 6% of male prisoners, and that many in the cohort

“go in and out of prison for acquisitive crime associated with the dual diagnosis of mental health and addiction needs, but specific data are not available for this group.”

Even the Government’s sentencing White Paper shows little enthusiasm for the efficacy of short sentences in our current framework, describing them as offering

“temporary respite from offending behaviour”

and

“at best providing limited public protection, as most offenders continue to reoffend following release.”

Outside the strengthening of the threshold for remand for children, however, the Bill as we have it does not make reforms to improve our regime with regard to short sentences or custodial periods.

The new clause would address that missed opportunity in the Bill and build on principles already accepted in sentencing guidelines, enshrining them into legislation to better clarify the currently rather opaque statutory custodial threshold. Specifically, it aims to better ensure that sentencers are appropriately reserving custody for serious offences by better clarifying the assessment that sentencers are required to make, and that the impact of imprisonment on dependent children is considered in the sentencing of primary carers. The latter point is an important one, and we will discuss it more fully when we get to new clause 26.

The clause also limits the relevance of previous convictions in determining custodial sentences. For the principle of reserving imprisonment for serious offences to be met in practice, it would be helpful to separate the issue of persistent low-level offending from that of serious offending. There is a range of low-level offending behaviour that is exacerbated rather that eliminated by short sentences, and which would be much better addressed by appropriately severe community sentences. Importantly for the current Lord Chancellor, perhaps, the clause as it stands does not eliminate short sentences. Speaking to the Justice Committee in 2019, he explained he did not believe abolishing short sentences was the right way forward, and said:

“My own experience as a recorder teaches me that there are times when, however reluctantly,”

short term prison sentences

“should be available to judges and magistrates. For example, repeat offenders who fail to comply with community orders ultimately need the sanction of custody”.

The clause does not prohibit short sentences altogether; indeed the Opposition would have several reservations with that proposal, including the fact that it has been shown to lead to sentence creep.

[Sarah Champion]

My hon. Friend is making powerful points. Does he agree that the new clause would prevent the expensive merry-go-round of short-term wasteful prison sentences that do not ever address the nub of the problem? We are not trying to prevent short-term prison sentences, but to deal with the situation of the repeat offender going round and round, which costs so much and blocks up the system.

[Alex Cunningham]

That is most certainly the case. This is not just about cost, yet the cost to the Prison Service of accommodating people in prison even for very short periods is absolutely huge. The real effect, however, is not monetary; money is not the only factor. There is the whole issue of the effect on the family, and, as my hon. Friend said, the effect on the prospect of reoffending.

In Western Australia a ban on prison sentences of up to six months resulted in an increase in prison sentences over six months for law breaking that would previously had received a shorter prison sentence. It does not even go as far as introducing a presumption against short prison sentences, though this is an approach with something to be said for it and which has had some success in other countries, including my homeland, Scotland. Instead, the clause simply requires the court to explain why it believes a custodial sentence is appropriate and a community sentence cannot be justified. This will focus the mind of the court to ensure that custody is being used as the most appropriate option, not the simplest one. It also has the added benefit of improving accountability and understanding of sentencing decisions, which is important for public confidence in the criminal justice system.

As Adrian Crossley of the Centre for Social Justice said in one of our evidence sessions:

“We need to be much bolder about the amount of people we keep out of prison and deal with in the community. We can see clearly that in treating alcohol, drug addiction, mental health problems, literacy and numeracy, you are far more likely to have an effect on those key drivers of crime if you deal with people in the community than if you put them in prison. We could be much bolder in dealing with community disposals. There is a real risk of sentencing inflation here, of a prison population growing out of control and, in my view, of brutalising people who might otherwise be able to reform.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 42, Q58.]

--- Later in debate ---

[Chris Philp]

We do recognise that there are challenges in making sure that offenders leaving prison are given access to the services they need, so that they can get their lives back on track. However, Friday is a working day, and we would prefer to focus our efforts on making sure that those services are available on Friday, rather than on excluding Friday as a release day and therefore concentrating all the releases on just four days—Monday, Tuesday, Wednesday and Thursday—which, by definition, would mean that release numbers on those days were 25% higher than would otherwise be the case.

[Sarah Champion]

I hear what the Minister says, but the new clause would mean that we could address any issues on a Friday and before the weekend, when no staff are available.

[Chris Philp]

In terms of ensuring that people have access to the necessary services—we recognise that that needs to be done—significantly increased investment is being made to address the concerns that the hon. Lady has just raised. For example, in January this year—just a few months ago—the Government announced a £50 million investment to reduce crime and tackle the drivers of reoffending. That included work to help develop the Department’s approved premises—those are obviously important when somebody is coming out of prison—to provide temporary accommodation to prison leavers at risk of homelessness in five key probation areas. In addition, earlier this year—again, I think it was in January or February—an additional £80 million was announced, which was aimed at expanding substance misuse programmes. Those two initiatives, funded this calendar year with £50 million and £80 million, are aimed at tackling prisoner homelessness issues and, separately, drug addiction problems, so there is a real commitment to do more in this area.

I would like to turn to the question of Scotland—the shadow Minister’s native home. As he said, it legislated in 2015 to allow release not five days earlier, but up to two days earlier. A Freedom of Information Act request made just a few months ago uncovered the fact that over the six years that Scotland has had this provision, only 20 people have been released early under it, so it has not had an enormous effect in Scotland.

We would like to focus our efforts on making sure that when people are released on a Friday they are properly looked after, instead of increasing the numbers on Monday to Thursday—

--- Later in debate ---

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

I thank the hon. Gentleman for his speech. He does not need to implore this Government to listen to the girls he has quoted. Not only are we listening, not only have we listened, but we are following through with a tackling violence against women and girls strategy that is truly ambitious and, I believe, an unprecedented effort to tackle the issues that the girls he quoted have to contend with.

As I said, we conducted the first ever call for evidence on tackling violence against women and girls. No other Government have gone out to the public as we have to ask girls and women for their experiences of what they face day in, day out in their lives. We opened the conversation to the whole of society, so men and boys were very welcome to contribute as well.

I set my officials the challenge of reaching a young woman in her 20s, getting the bus home from work at night, who would not normally respond to surveys. We would somehow try to find ways of reaching her. Not only did we try that in December, but following the awful events of earlier this year—I deliberately do not name anyone, because I am respectful of the family, but I suspect we know the events of which I speak—we reopened the survey, precisely because we understood that women and girls want to talk and to share their experiences.

That is when we received 160,000 further responses. Each and every one is being read and considered carefully in drawing up our tackling violence against women and girls strategy. However, because the Government place so much focus on crimes that disproportionately affect women and girls, we have also decided to focus not one, but two national strategies on such crimes. For the first time, therefore, we have split out domestic abuse from the catch-all phrase “violence against women and girls”, not because we are trying to de-gender it or to deny that the crime disproportionately affects women and girls, but because it is such a high-volume, high-harm crime that it deserves its own national strategy. Thus, we are giving it the focus it deserves in the domestic abuse strategy, which will be published later this year, after the VAWG strategy.

If nothing else has come out of recent events, it is that the range of offences that VAWG covers is significant, so we cannot pretend that a one-size-fits-all approach will suit all those crimes. We do not try to do that, and we are certainly not working towards that. We want to have tailored strategies fit for the 2020s, looking at both offline and online behaviour.

[Sarah Champion]

I hope the Minister is aware of how grateful I am for all the work she has done on this cause. She has really been a champion for it. Is she able to share with the Committee her thoughts about whether the crime is increasing or our awareness is increasing? Does she have any thoughts she can share about the root causes of this, and therefore how early prevention will stop it happening?

[Victoria Atkins]

It is a complicated answer to a complicated question. We know, for example, that some forms of crime are increasing, and there is ongoing academic research into some of those, but we have reason to believe that more women are reporting facing violent acts within sexual relationships. That encompasses a range of relationships, from intimate, long-term relationships to first dates. That is precisely why, on the Domestic Abuse Act 2021, we worked across the House with colleagues to clarify the law on the so-called rough sex defence, because we knew that women in intimate, long-term relationships and in shorter relationships were experiencing that. Through that Act, we also brought in the prohibition on non-fatal strangulation, and again we worked on a cross-party basis. There is emerging evidence, particularly on the latter, that more and more victims of domestic abuse, but also those in other types of relationships, are facing these acts within—to use shorthand—the bedroom. We very much wanted to put a marker in the sand to say, “This sort of behaviour is not healthy, and it is now not lawful.”

The thinking is that those sorts of behaviours have increased over recent years. The thinking behind that is that online pornography has had an impact. However, I refer the hon. Lady to the research that I commissioned when I was Minister for Women and Equalities on the impact of online pornography and attitudes towards women and girls. The Government published that a few months ago. It is fair to say that there are not quite the clear lines that some would expect, but there are common themes there, if I can put it as broadly as that. Online pornography is a factor with some crimes, but sadly violence against women and girls is—dare I say it?—as old as time. The ways in which a minority of men—I make that absolutely clear—see fit to behave towards women and girls is part of the Gordian knot that we must try to untie. It will be a longer-term process than this Bill or the next Bill that comes along when legislation is appropriate. It will require a cultural education journey, as well as shorter-term fixes.

I am very pleased that the hon. Member for Stockton North raised the Law Commission research. As part of our work on ensuring that the law is keeping up to date with modern practices, we have commissioned a lot of work from the Law Commission recently. I do not apologise for that. In fact, it gives me the opportunity to thank the Law Commission for the work it conducts, often looking into very complex areas of law and trying to find ways through in order to assist this place and the other place in updating the law.

The current investigation into hate crime illustrates that point very well. In 2018, we asked the Law Commission to consider the current range of offences and aggravating factors in sentencing and to make recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred towards protected groups or characteristics. The Law Commission published its consultation document in September. It was an enormous document—more than 500 pages and 62 separate questions. The Law Commission has been very clear that the consultation document was exactly that; it was not a report or a set of conclusions. It does not represent the Law Commission’s final position on any of the issues raised.

I make that point because the new clause invites Parliament to adopt those recommendations wholesale, and I think we are all duty bound to acknowledge that what we have had so far from the Law Commission is a consultation document. It is not its final report. Indeed, the Law Commission hopes to report in October, and of course the Government will give that report very, very careful consideration. I do not believe, however, that it would be appropriate for this Government, or indeed any Government, or any Parliament, to sign what is effectively a blank piece of legislation without seeing what the Law Commission is going to recommend.

We do not know what the consequences may be of the recommendations, nor what would be required to enact and enable them. It may be, for example, that changes to primary legislation would be required. I have to say that I feel uncomfortable at the prospect of the Bill permitting other parts of primary legislation to be overwritten—overruled—by virtue of the super-affirmative procedure. We must surely ensure that significant changes to the law should be properly debated by both Houses of Parliament in the normal way, with any Bill going through all the normal processes and stages.

I gently suggest to the Opposition that perhaps they should be careful what they wish for, because in this very Bill clause 59 gives effect to the Law Commission’s recommendation relating to the common law offence of public nuisance. It made that recommendation in 2015 and recommended that it be put into statute. If I recall our deliberations correctly, the Opposition opposed that very clause. I cannot imagine what the reaction would have been had we attempted to have this super-affirmative procedure imposed in relation to clause 59.

--- Later in debate ---

[Sarah Champion]

Will my hon. Friend comment on Nottinghamshire police’s pilot on misogyny as a hate crime? They thought it worked exceptionally well in challenging behaviour. That is the sort of thing that we need rolled out across the country.

[Alex Cunningham]

As I said earlier, we have evidence that things are working in some areas and that there is a real need to do much more across the country. For that reason, we should be strong enough to accept with confidence that we can examine the Law Commission’s recommendations later in the year and commit the decision making to a legislative Committee. On that basis, I shall press new clause 19.

Question put, That the clause be read a Second time.

--- Later in debate ---

Investment is being made in protecting women and girls from stalking offences, including the safer streets fund, to which £45 million has been given this year, which is designed to keep the streets safe more generally, and specifically £25 million to do more to protect women and girls, and rightly so.

[Sarah Champion]

I am listening intently to everything the Minister and his colleague are saying, which is great, but does the Minister understand that we have been promised all this for a long time? Although we are hearing his promises, we are awaiting the outcomes of reviews for which we are not given dates. Women are being murdered and abused.

[Chris Philp]

My colleague, the safeguarding Minister, tells me that the refreshed VAWG strategy will be published this year, in less than six months. I hope that gives some reassurance to the hon. Lady. If she is asking for action, I would point to the extra £25 million VAWG-specific funding, the new offences created in 2012 and the doubling of sentences in 2017. Those are not promises for the future, but actions that have been taken. She should also note that three quarters of those convicted of the offence get immediate custody, and that immediate custody of 16.9 months is more than three times longer than the minimum proposed in the new clause.

We want to make sure that those found guilty of those bad offences, which are terrible in themselves and can lead to escalation, are getting appropriately punished. But we are trying to strike a balance between that and the need to give the judge the ability to consider the individual case on its merits. That might include, for example, the perpetrator having mental health issues, where treatment might be more appropriate than custody. We need to tread carefully in striking that balance.

Given the action that has been taken and that three quarters of the offenders get immediate custody for a term much longer than the minimum proposed in the new clause, we are trying to strike a balance, which is not easy. There are good arguments on both sides of the issue, but we feel that the current sentencing laws make sense in this context. We have made a commitment to keep this under ongoing review and there are other legislative vehicles that could reconsider the issue. I am sure that the VAWG strategy, which my hon. Friend the safeguarding Minister is overseeing, will consider all the issues in the round, when it reports a little later this year.

These are difficult issues and difficult balances to strike, but I hope that I have explained why I believe the Government’s approach strikes that balance.

--- Later in debate ---

[Sarah Champion]

I support the new clauses, because I have yet to see a positive reason for women going into prisons. As my hon. Friend is saying, the impact on children is dramatic, but it is not only the fact that children are more likely to themselves face criminal actions; it is also that, on every measure, children going into care fail to achieve their potential. We really are damning children by doing this to their mothers.

[Alex Cunningham]

We certainly are. I quoted the figure earlier; some 95% of children end up leaving their home when their principal carer goes to prison, which bears out what my hon. Friend says.

The 2017 Farmer review found that family ties are a factor in reducing reoffending, which has attendant benefits for all our communities. The Government’s own 2018 female offender strategy acknowledges that

“custody results in significant disruptions to family life”

and that many women

“could be more successfully supported in the community, where reoffending outcomes are better.”

Sentencers are already expected to consider the impact on child dependants, but it seems that in reality the current guidelines are not applied rigorously or consistently across all cases.

The Joint Committee on Human Rights found in its 2019 inquiry “The right to family life: Children whose mothers are in prison” that despite the fact that the Sentencing Council had strengthened its guidance to judges and magistrates about the need to consider dependent children,

“evidence to the inquiry clearly indicated that this guidance is not being satisfactorily adhered to in practice and the question remains whether these steps go fast or far enough to guarantee children’s rights.”

Taken together these clauses will strengthen sentencers’ existing duties to ensure that they are applied consistently across all cases and that, as a result, children’s rights are guaranteed.

I will now consider the new clauses that deal with sentencing provisions. New clause 32 amends section 30 of the Sentencing Act 2020 to make clear the requirement for a sentencing judge to have a copy of a pre-sentence report, considering the impact of a custodial sentence on the dependent child, when sentencing a primary carer of a child. The Joint Committee has raised concerns about the current quality and use of pre-sentence reports and in its inquiry was told that pre-sentence reports were

“vitally important in ensuring that courts have all the information necessary about dependent children before sentencing a primary carer,”

but written evidence from Dr Natalie Booth noted that they were used

“inconsistently and ineffectively in many cases”.

New clause 33 amends section 52 of the Sentencing Act 2020 to require a sentencing judge to state how the best interests of a child were considered when sentencing a primary carer of a dependent child. New clause 34 would create a requirement for a sentencing judge to consider the impact of a custodial sentence on a child when sentencing a primary carer of a dependent child.

The Opposition believe that these new clauses can help address the current inconsistency that I previously referred to by explicitly requiring sentencers to give due regard to the impact of a sentence on any dependent children and their welfare. As the Joint Committee on Human Rights notes:

“These new clauses merely reflect what ought to, but sadly often does not, happen—to consider and respect the rights of the child when a primary carer is sentenced”.

As Dr Paradine of Women in Prison told the Committee in one of our evidence sessions:

“It is completely unacceptable that the measures up until now have not resulted in the change needed. This is an opportunity to make that small change. It does not require anything different, but it will make sure, hopefully, that the things that should be happening in court do happen, that imprisonment is not having a disproportionate impact on children and that their best interests are safeguarded.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 20 May 2021; c. 150, Q255.]

I think Dr Paradine puts it very compellingly; these are things that are already meant to happen in the court, yet in many cases they still do not.

Police, Crime, Sentencing and Courts Bill (Seventeenth sitting)

Sarah Champion Excerpts

Committee stage
Tuesday 22nd June 2021 Public Bill Committees

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

It is a pleasure to serve under your chairmanship, Sir Charles, as always.

I am grateful to the right hon. and learned Member for Camberwell and Peckham (Ms Harman) for tabling her amendment. I know it will not be pressed formally, but I put on the record my thanks to her for bringing the issue before the House and, indeed, to the hon. Member for Stockton North for giving us the opportunity to debate this important issue in Committee. The Government are absolutely committed to tackling all forms of abuse against women and girls, including sexual harassment. No one should feel unsafe while going about their daily life, and it is completely unacceptable for anyone to make a woman or girl feel objectified or scared.

Following tragic events earlier this year, my right hon. Friend the Home Secretary reopened the first ever public call for evidence for the new tackling violence against women and girls strategy, to capture the many stories that women and girls shared with their friends and their family and on social media. We want to capture those stories as part of our work to shape the new strategy that is coming forward later this year. More than 160,000 responses were received in just two weeks, bringing the total of public responses to more than 180,000—an extraordinary figure for a Government consultation. It says so much about the determination of women and girls to stop those sorts of behaviours.

We are equally determined to respond to the sharing of those experiences. The new strategy will include work to tackle sexual harassment and to recognise the disproportionate impact it has on women and girls.

[Sarah Champion (Rotherham) (Lab)]

I thank the Minister for giving way—we are so intuitive now that we do not need to ask to intervene on each other.

This sort of behaviour starts at a very young age, which is why the Government were right to accept my amendment to the Bill that became the Children and Social Work Act 2017, to make relationships education for all primary school children mandatory. That should have started last September; we are now told it will start this September. Will she comment about that early intervention and the importance of it?

[Victoria Atkins]

I am extremely grateful to the hon. Lady for her previous work and for making this important point. I want to give the Committee an impression of the work that we are undertaking as part of the strategy. Legislation is of course an option, but we need to do so much more. We need boys and young men to understand that some of the things that they might have seen on the internet are not real life and not appropriate ways to behave towards women and girls in the street, the home or the school, as we have seen in the Everyone’s Invited work. Education is critical and, I promise her, flows throughout our work on the strategy.

I wish to correct some impressions that might exist. While there is not an offence of street harassment—or, indeed, of sexual harassment—a number of existing laws make harassment illegal, including where such behaviour occurs in a public place. That can include, depending on the circumstances of the case, offences under the Protection from Harassment Act 1997, the Public Order Act 1986 and the Sexual Offences Act 2003.

However—this is a big “however”—I assure hon. Members that we are looking closely at the existing legislation on street harassment and we are committed to ensuring that the law is fit for purpose. We remain very much in listening mode on the issue. We will continue to examine the case for a bespoke offence and will listen closely to the debate as it develops through this House and the other place.

It is important to stress that a law is of limited use unless people know it is there and have the confidence to make a report in accordance with it. Equally—this relates to the point made by the hon. Member for Rotherham about education—it is important that police officers and law enforcement know how to respond properly to such allegations.

--- Later in debate ---

[Alex Cunningham]

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

The Opposition think that this excellent new clause makes up for the missed opportunity in the Bill. I thank my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) and the hon. Member for Thurrock (Jackie Doyle-Price), who are the co-chairs of the all-part parliamentary group on women in the penal system. I also thank the Howard League, which acts as the secretariat to the APPG, for its continued energetic work on this issue.

Under the Bail Act 1976, the courts can remand an adult to prison for their own protection, or a child for their own welfare, without being convicted or sentenced, and when the criminal charge they face is unlikely to—or in some cases cannot—result in a prison sentence. The new clause would repeal the power of the criminal courts to remand a defendant into custody for their own protection—or in the case of a child, for their own welfare—pending trial or sentence. Last year, the Howard League published a briefing from the APPG that looked at those provisions and their use. The briefing concludes:

“The case for abolishing the power of the courts to remand for ‘own protection’ or ‘own welfare’ is overwhelming. The use of prison to secure protection and welfare is wrong in principle and ineffective, even damaging, in practice.”

It goes on to say:

“Repealing the provisions in their entirety would be in-keeping with the direction of other recent and proposed reforms. In particular it is in line with, and is a necessary and urgently required extension of, the reforms to the use of police cells as a ‘place of safety’ under the Policing and Crime Act 2017.”

Professor Sir Simon Wessely’s 2018 review “Modernising the Mental Health Act” recommended the removal of the power of the courts to remand defendants for their own protection and own welfare on mental health grounds. The Ministry of Justice has already indicated that it will act on that recommendation. The Government’s sentencing White Paper suggested there would be forthcoming reforms to remand for own protection but, disappointingly, that was not included in the Bill. On page 58 of the White Paper, the Government notes:

“The Independent Review of the Mental Health Act highlighted that there are still cases where sentencers appear to make decisions that prison is the safest option for some people who are mentally unwell, under current legislation in the Bail Act 1976 or the Mental Health Act 1983.”

It goes on to say:

“Prisons should be places where offenders are punished and rehabilitated, not a holding pen for people whose primary issue is related to mental health.”

The White Paper mentions a project by Her Majesty's Prison and Probation Service on these cases. Could the Minister provide an update on the work in that area? In the Lord Chancellor’s letter responding to the APPG’s report, he said,

“we are determined to ensure that remand to prison is not considered as an option when seeking a place of safety for a person in crisis. However, it is vital that the operational mechanisms are in place before any legislative reforms are made in order to ensure that the system can work smoothly and effectively to deliver this objective.”

Could the Minister please share an update on the operational mechanisms that the Lord Chancellor refers to? Are they in place yet? How much longer should we expect to wait for them to be so?

The provisions in the Bail Act are already out of step with the aims of our justice system, but the implementation of the proposals in the Bill will make them look even more outdated. Since there will now be a requirement to consider welfare before remanding a child, as we know how damaging even short stints in custody are for children, how does it make sense to keep a provision on the statute book to put a child into custody to protect their welfare? The ability to remand women and children for their own protection is, as Dr Laura Janes of the Howard League put it in one of our evidence sessions, “rather Dickensian”. The Opposition agree that this power in the Bail Act is completely outdated, and that it has no place in a modern justice system. We urge the Government to support the new clause so that we can do away with it.

[Sarah Champion]

It is always a pleasure to serve under your chairmanship, Sir Charles. I am fully supportive of new clause 3, because I think it addresses a rather patriarchal approach that is going on and needs flushing out. The all-party parliamentary group on women in the penal system recently released its third briefing report, “Arresting the entry of women into the criminal justice system”, and its key finding was that 40% of women arrested resulted in no further action. That figure is even higher for women who are arrested for alleged violence.

That shows to me that women are being arrested and put into custody disproportionately, without the necessary due process in terms of what the outcome is likely to be. This creates a drain on police resources and, to be quite honest, is a waste of time, as arrest is not an appropriate response to women showing challenging behaviour. We need a more nuanced approach. Many officers arrested women for fear of criticism from more senior officers if they did not, and black women are two and a half times more likely to be arrested than white women, which raises concerns. Officers need to realise that turning up in a uniform can actually make a situation much more tense, and many women are arrested due to their response to the police turning up, not necessarily because of what the police were called in for. Frances Crook of the Howard League put it very well when she said that these women are annoying, but not necessarily dangerous.

I am interested to hear the Minister’s thoughts on Lancashire police, who have started a pilot through which they bring independent domestic violence advisers to the scene where domestic altercations are going on. Officers are reporting that they have found that incredibly useful in de-escalating the situation, rather than just going straight to charging or bringing the woman in for their own protection. The new clause raises the points that first, there is a problem with the system, and secondly, more creative approaches can be used, so I am very interested to hear the Minister’s thoughts on it.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

As always, it is a pleasure to serve under your chairmanship, Sir Charles. New clause 3 seeks to remove the provision in the Bail Act 1976 for a defendant to be refused bail where the court feels it is necessary for their protection—or, in the case of children, their own welfare—that they are remanded in custody. It is extremely important to make clear to the Committee that this provision is used very rarely. It is considered to be a last resort, and it is only used when there are no alternatives, so we should be in no doubt that this is an unusual provision to use.

--- Later in debate ---

Voting for this new clause today would mean that at the commencement of this Bill, rather than in two years’ time, victims of sexual offences and modern slavery offences could give their evidence as soon as possible, which would also improve the accuracy of their testimony and relieve them of some of the excessive stress and anxiety caused while they are awaiting a trial. I urge the Minister to do the right thing and move with a bit more haste here. The Government have failed far too many victims of these horrific crimes already. Let us start putting that right now.

[Sarah Champion]

I fully support new clause 4. It links very tightly to my new clause 20, which I would like to speak to. New clause 20 would mean that once a witness was determined to be eligible for special measures, they would be informed of all provisions and able to decide which option suited them best, rather than the onus being on the court to decide which ones they were allowed. Special measures are an absolute lifeline for many victims giving evidence in court against their abuser. Navigating the criminal justice system can be incredibly challenging, and the idea of giving evidence as a witness against your own perpetrator is extremely distressing. Cross-examination causes re-traumatisation for victims and special measures are vital for reducing the impact on their mental wellbeing. Special measures include screening the witnesses from the accused, giving evidence by a live link and in private, and video- recorded evidence. Currently, victims of child sexual abuse are eligible for special measures in court when giving evidence as a witness. However, delivery of the provisions remains inconsistent and victims often have trouble accessing the measures to which they are entitled.

The onus is currently on the court to offer the provisions to the victim if it believes it will

“improve the quality of evidence”

by witnesses—so is not about the survivor’s mental wellbeing and abilities. An APPG on adult survivors of childhood sexual abuse survey found that 44% of victims were not offered the opportunity to give evidence remotely or behind a screen.

This new clause would amend the Youth Justice and Criminal Evidence Act to ensure that once a witness was determined as eligible for special measures by the court, they would be informed of all options and could decide which measure or measures suited them best. It is worth saying that some survivors I work with actually want to be in court and face their abuser—but it is up to them to make that choice.

This amendment will provide what is best for the witness’s wellbeing, rather than if the judge thinks it will improve the quality of evidence. There was support for this proposal in the Bill Committee’s evidence sessions. Phil Bowen, Director of the Centre for Justice Innovation, said:

“Yes, I think a presumption would be useful, but I think it also requires attention to implementation and delivery issues. Special measures should already be used in specialist domestic abuse courts across our magistrates court estate and, in many cases, domestic abuse victims are without access to those measures, for want of anyone who asked.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 43.]

Adrian Crossley, Head of the Criminal Justice Policy Unit at the Centre for Social Justice, said of special measures:

“I think it makes a massive difference to the view of the complainant and, unfortunately, it would also make a massive difference to the view of some defendants, who may face the reality of the evidence against them earlier. It may encourage pleas that should have happened earlier.”

“Sometimes the implementation of special measures and, certainly, the pragmatics of what happens in court are not there and the stress that that puts witnesses through is absolutely huge.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 46.]

As we have seen too vividly with the rape review findings, lack of support for witnesses and victims in court proceedings has a genuine impact on the justice process. More than a quarter of child sexual abuse cases did not proceed through the criminal justice system last year because the victim and survivor did not support further action. One of the main reasons was that the victim worried they would find the legal process too upsetting.

The Minister may say that we should keep the law so that it is the quality of evidence that remains, because that matters the most. I say to the Government that it is obvious that when we prioritise the wellbeing of victims and survivors—the people giving the evidence—the conviction is more likely to be secured because they feel more able to speak. If the victim assumes that they will be re-traumatised in the court proceedings, why on earth would they even try to secure justice? If that is the assumption, more offenders will walk free.

Dame Vera Baird, the Victims’ Commissioner, also agreed with this proposal. In her view, the problem begins

“with the fact that the needs assessment is not done clearly by a single agency.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 20 May 2021; c. 113.]

It needs to be carried out as part of the witness care unit, rather than across the Crown Prosecution Service and police, as it currently does. Dame Vera Baird also said that the measures that may best suit the victim are not always available. Special measures are not consistently available across the country.

What will the Minister do to ensure that resources and funding are sufficient to support victims giving evidence? Some witnesses who gave evidence have claimed that special measures should remain available at the discretion of the judge. The Minister may use that argument in the Government’s response to my new clause. However, we know that the current system is letting victims down, and something needs to be done so that it is legally required that they have these options available to them. The majority of court proceedings have taken place via a live link since the pandemic began. What reason is there to refuse the same provision to vulnerable witnesses? Let us be frank: the court is not always functioning with the victim’s best interests at the centre of its decisions. This change would grant vulnerable witnesses much more autonomy over their experience in court, rather than the courts relying on who and how they are able to give evidence—the same courts that have let so many down.

If it were better for special measures to be left to the flexibility of the court rules, we would not have a situation where victims wait years to give evidence, and often then face their abuser in court. Additionally, under this new clause, the court would still be included in the decisions. It would still have to ensure that the measures or measures provided

“do not inhibit the evidence of the witnesses being effectively tested by a party to the proceedings.”

As the Victims’ Commissioner said, it should be the default position that victims, if they choose, can pre-record their video evidence weeks, months or years before the trial takes place. Not only would that be less traumatic for them, but it means the recollections are more current and therefore more reliable.

Cross-examination can also take place on video under section 28 of the Youth Justice and Criminal Evidence Act. This is particularly useful to reduce the huge backlog that the courts currently face, and these measures already exist. We just need to make sure that victims can access them as they should. The Government need to ensure that implementation is effective, and that the courts are fully resourced for it. More funding must be given to courts to provide places for vulnerable witnesses to give evidence securely, and ISVAs must also be available and dramatically expanded, so I am glad that the Minister has said that as part of the review she will actively look to employ more ISVAs.

I hope the Government listen to this argument and address the issue urgently, so that no more victims have to suffer the traumatising process of giving evidence without access to special measures.

[Chris Philp]

I am grateful to the shadow Minister, the hon. Member for Stockton North, and the hon. Member for Rotherham for raising this important issue. Clearly, all hon. Members from across the House would want victims of these terrible crimes to be supported at what are often traumatic court hearings, and the Government have certainly been working hard on it.

Reference was made to the rape review published last week. As the hon. Member for Rotherham suggested, it contains a range of measures designed to help support victims of these terrible crimes, not least a provision for more ISVAs, as she said in her remarks. It also asks the police to take a better, more proactive, faster, more comprehensive approach to the investigation of rape. No victim is to be left without their phone for 24 hours; digital material will be requested only where strictly necessary and proportionate to the line of inquiry; and there will be better joint working between the police and the CPS and so on. So numerous measures were announced last week, all designed to help improve the situation in the area that we are discussing. In all frankness, it certainly does need to be improved.

Specifically, the clauses mention pre-recorded evidence permitted under section 28, as we have heard. It is worth saying that for vulnerable witnesses we have already fully rolled out the availability of section 28 pre-recorded evidence; that was completed in November last year. Vulnerable witnesses include all child witnesses, and also witnesses whose quality of evidence is likely to be affected because of a mental health disorder or some form of physical disability. The measure has already been implemented in every single Crown court across the country.

On intimidated witnesses, as the shadow Minister said we are already piloting the use of section 28 evidence for intimidated witnesses in three early adopter Crown courts—Leeds, Kingston upon Thames and Liverpool. That means that victims of those crimes have access to this measure and are able to pre-record their evidence, cross-examination and possibly re-examination via video early in the process, outside of the courtroom environment. That, for reasons we have discussed, is often of significant benefit to the victim.

Following the rape review announced last week, we are extending that to a further three Crown courts—Durham, Isleworth and Wood Green—which will obviously increase the number of hearings that are taking place. With those six Crown courts out of 80 or so, that is now getting close to 10% of the total. The extended pilot will enable us to learn the necessary lessons from the six sites now being used, with a view to then rolling out rapidly once we have ensured that we fully understand all the operational, technical and resourcing implications. The assumption is that that will happen as quickly as possible, but it is a significant departure from the way things have been done previously, so there is a reasonable desire to ensure that we properly understand how it works before activating it across the whole jurisdiction. That is the reason for the use of the six pilot sites.

[Sarah Champion]

I am very heartened by what the Minister is saying. One problem that keeps getting raised with me is that if victims choose to go down the live link route there must be authorised sites, but there are so few in the country, and they have backlogs and so on. There is a resourcing issue. However, it is my understanding that a lot more live evidence has been given by video link during the pandemic. Surely we have had a year of piloting this, as well as the specific pilots that the Minister is doing, so is he now looking at rolling back the opportunity to give evidence via live link, in order to wait for the pilot?

[Chris Philp]

Giving evidence by live link in proceedings is obviously different from section 28, which applies to pre-recorded evidence and cross-examination. In answer to the question about live links, no, there is no intention to try to influence the judiciary to use live video links less than they have been doing so. Generally speaking, it has worked very successfully. Each week there are 20,000 court sessions across all jurisdictions—criminal, civil, family and tribunals—using video technology, and there is no desire on the part of the Government to see that reduced, should the judge and other participants want to continue with it. That option is available. All Crown court rooms have the cloud video platform installed in them, which will remain the case.

A new system is coming in that will improve things further, but there will be no removal of remote capability from Crown court rooms. They will have the ability to take live evidence by video link. Every cloud has a silver lining, and one of the silver linings has been the fact that every Crown court room now has that capability.

[Sarah Champion]

My new clause shifts the choice to the victim rather than the judge. What the Minister is saying is great, but will he support my new clause, so that the victim is able to choose whether to give evidence by live link?

[Chris Philp]

Having spoken to new clause 4, let me turn now to new clause 20. As the hon. Lady says, it moves the discretion away from a judge and makes it the witness’s choice whether the section 28 recording is conducted. We want to encourage as many eligible people as possible to make use of the special measures that are available, and we have taken a number of steps to ensure that objective. For example, the revised victims code, which came into force just a few weeks ago, on 1 April, focuses on victims’ rights and sets out the level of service that victims can expect to receive from criminal justice agencies. The code also enshrines victims’ rights to have their needs assessed by the police or a witness care unit in order to determine whether they are eligible to give evidence using special measures and would benefit from doing so, to help relieve some of the stress involved in giving evidence. We want to ensure that every single eligible witness is identified, and that the matter is actively considered.

--- Later in debate ---

[Chris Philp]

Clearly the victims code, published a few weeks ago, is designed to help victims in many of the ways that the hon. Lady described. I will come on to the specific question of who makes the decision in a moment. In addition to the victims code, however, we are doing more work with important agencies such as the police and the CPS, drafting guidance to share with victim care units and making sure that the understanding of the special measures, such as section 28, is as high as it possibly can be. We are also looking to maximise the use of section 24 and to improve the use of remote link sites—the point that the hon. Member for Rotherham made a moment ago—again to help victims.

On the question of empowerment, which the hon. Member for Garston and Halewood just asked about, there is clearly a balance to strike. Obviously we want to ensure that victims are protected and looked after, and that we minimise the trauma that may follow from reliving the experience. We should also be aware, however, that these are court proceedings, designed to determine guilt or innocence. The consequence of a conviction in such cases is, most likely, a long time in prison—rightly so. We therefore need to ensure that the interests of justice are considered, as well as the interests of the victim, which are also extremely important; they are both important.

Ultimately, the judge decides whether a live link may be used or the other special measures may be activated for someone who is eligible. The reason for that is that it is for a judge to make a determination in an individual case on how that case is managed and conducted, having regard to all the particular facts in the case—the circumstances, the victim and the nature of the victim, the nature of the questioning or cross-examination that might need to take place.

The concern of the Government is that if we simply legislate to remove that judicial discretion, saying that the judge cannot decide and what happens is automatic, it means that the judge will in some sense lose control of how the proceedings are conducted. There may be circumstances in which that undermines the delivery of justice.

We hope that judges listen to our proceedings—I am sure they do—and hear the very strong emphasis that we in this House give to victims. The judges are aware of the victims code and the strengthened rights that it gives victims, and they will keep that at the front of their minds when they make such decisions. I hope that they will make them—they normally make them and I hope will continue to do so—in a way that is sympathetic and sensitive. To wholly extinguish judicial discretion, however, would go a long way.

[Sarah Champion]

I appreciate the Minister’s giving way. I am not entirely convinced that his civil servants have read my amendment. After proposed new paragraph (b) in subsection (2), the new clause states:

“so far as possible ensure that the measure or measures provided for do not inhibit the evidence of the witness being effectively tested by a party to the proceedings.”

It explicitly gives the ultimate call to the judge. We would be giving the victim the right to have a choice, but if the judge believes that it in any way discredits the evidence that they are able to give, the judge has the right not to allow it.

[Chris Philp]

The drafting is:

“Provided that a direction under paragraph (b) shall so far as possible ensure that the…measures provided for do not inhibit the evidence”.

As far as I read it, it does not give the judge the power not to make the order; it simply states that they must make the order in such a way as not to inhibit the evidence being given

“so far as possible”.

My understanding of the words on the page is not that the judge has an ultimate veto; they must simply exercise a direction in that way.

Furthermore,

“so far as possible”

is not a high test when it comes to justice being done and ensuring that evidence is given fairly. When we are potentially convicting someone and sending them to prison for a long time, ensuring that justice is done

“so far as possible”,

intuitively, does not feel like the standard is quite high enough.

[Sarah Champion]

I am happy to work with the Minister to get the wording exactly right, so that it does exactly what I think we both want.

[Chris Philp]

The Government’s position, in conclusion, is that it is very hard to sit in Parliament and legislate definitively and bindingly—

[Sarah Champion]

We do it every day.

[Chris Philp]

Let me finish the sentence—for all the circumstances that may arise in an individual case. Therefore, although we have guidelines, procedures and so on, ultimately, the management of any particular case, including things such as the use of live links and proceedings in the courtroom, are a matter for the very experienced judge who is looking at the case, the defendant and the witnesses in front of him or her, the judge.

That is why, ultimately, judicial discretion is required. However, we agree with the direction of travel. I have already mentioned some of the things that we are doing to push things further. I am certain that judges looking at our proceedings will respond accordingly and will take a positive, constructive and accommodating view where the issues arise. In fact, they already have a duty under section 19 of the Youth Justice and Criminal Evidence Act 1999 to take into account the views of the witnesses in making their decisions. We feel that that strikes the right balance.

--- Later in debate ---

[Alex Cunningham]

I am grateful for that clarification.

I am also heartened by the Minister’s response to new clause 4. I will not take anything away from the Government for the tremendous progress that they have made in this area. However, there have been many pilots and I believe that those have already proved that the system is working. I suspect that if it were not working, he would be looking to do something else, rather than extending the pilot. I hope that we can make some more progress sooner rather than later.

The Minister talked about the various recommendations in the rape review. I do not think that we need to wait for the Government to roll out their actions from the rape review. We could take some action now. I see the new clause as another opportunity to take another small step, but it is a significant step, to protect victims and even to improve the quality of evidence that is given in court. Who knows, that, too, might improve some of those abysmal conviction rates that we suffer as a country—suffered by victims who do not receive justice.

[Sarah Champion]

Does my hon. Friend agree that the fear of giving evidence as the system stands, prevents any justice from happening? Any movement that the Government can make that is sensitive to the needs of victims and survivors would be hugely beneficial.

[Alex Cunningham]

That is very much the case. Yesterday, following the statement from the Lord Chancellor, there were various discussions of the statistics around cases. For some people, the case does not get beyond the police investigation; it never reaches the CPS. That is because of some of the issues outlined by my hon. Friend. We believe that it is time to start taking action. I say gently that it is great to have warm words from Ministers, but we actually need to make real progress. I will therefore press the new clause to a Division.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Alex Cunningham]

We now turn our attention to quite a different subject. New clauses 6 to 8 would work as a package to create a new specific offence of pet theft, punishable by a custodial sentence of up to two years. As the Minister is aware, the theft of pets is currently an offence under the Theft Act 1968. However, although the law of theft caters for certain specific offences—for example, bicycles, scrap metals and even wild mushrooms, unbelievably—that is not the case for pets. That matters because the Theft Act does not consider a pet’s intrinsic value as a much-loved member of the family. Instead, it takes into account only its monetary or sale value.

I am sure that, like me, the Minister gets a regular flow of emails from animal lovers and owners who want tougher laws to deal with those who would deprive them of their pets. They value their pets way beyond many things in their lives and even make sacrifices to ensure they get the expensive vet treatment that they need. It seems absurd to us that the theft of a much-loved pet is currently regarded in law as the same as the theft of a mobile phone or a handbag.

Pets are living, sentient beings that come into our lives and become irreplaceable members of our families. I do not mind saying that it broke my heart when my dog, Lady, died. It was the same when KT the cat died. He was called KT after we discovered that we had a male cat, which had previously been named Katie by one of my sons.

We believe that legislation and sentencing must reflect reality, and that is why Labour tabled new clause 6. It would create a specific offence of pet theft that would enable courts to deliver sentences for pet theft offences that properly reflect the attitudes of modern society. I know the Minister will remind us that the Government are looking to reform this area of the law, but that was due to happen last year.

Fewer than 1% of pet thefts lead to charges being brought. Although the Theft Act allows for a minimum custodial sentence of up to seven years’ imprisonment, the evidence shows us that someone found guilty of pet theft is far more likely to be handed a caution than a custodial sentence. That is because the vast majority of cases involving pet theft will be handled by the magistrates courts, rather than the Crown court. That is exactly why we need a change in the law. Creating a specific offence of pet theft, rather than leaving offences to be prosecuted under the Theft Act, would mean that judges are able to sentence acts of pet theft in accordance with the huge emotional damage that the offence causes.

The change is as important as it is timely. As the Minister is aware, the number of pet thefts—dog thefts in particular—has skyrocketed during the pandemic. Five police forces across England and Wales reported more acts of dog theft in the past seven months than during the whole of the previous year. Indeed, the number of dog thefts has been increasing year on year for the best part of the past decade, and we are now at the point where, on average, at least five dogs are stolen in England and Wales each and every day. That is a staggering and horrifying figure. I have heard of pets actually snatched from their owners in the street, as criminals steal them to order.

What is even more worrying is that, while the number of dog thefts increases with each year, the number of court charges relating to dog theft has gone down. In 2015, only 62 court charges were brought. In 2016, that had decreased to 48, and by 2017 the number was only 37. By failing to take decisive action as pet thefts rocket and successful prosecutions fall, the Government are sending a dangerous message to criminals—that they can continue to break the hearts of families up and down the country with complete impunity.

Given that the Government have taken no action, the Opposition feel that we must step in and offer them an opportunity for change with a specific offence of pet theft, punishable with a custodial sentence of up to two years. Again, that would allow judges to hand down sentences that properly reflect the emotional family value of a pet, rather than simply its value as an object. That seems to us a wholly sensible response to the current crisis of pet thefts that we see today. Pets are not simply objects; they are invaluable members of our family, within our homes. They provide emotional comfort, support and happiness to families across the country.

It is not just the Opposition who recognise that. The Minister will be aware that many animal welfare groups support a change in legislation, as do members of his own party and the vast majority of the public. The current system does not work and it is the country’s 12 million households that have pets who are being let down. I hope that the Minister, rather than saying that the Government will sort this issue out some other time, will take decisive action and support the new clauses today.

[Sarah Champion]

I am extremely grateful to my hon. Friend the Member for Stockton North for tabling these new clauses, because during the pandemic in particular the rate of dog theft has gone through the roof, as the cost of puppies, dogs and all other pets has also skyrocketed.

These animals are worth so much more than their monetary value; they are valued members of our households. And we have seen some very high-profile cases that demonstrate the impact when pets are stolen. The law needs to catch up and I really urge the Minister to take this opportunity to do that.

In March, DogLost—a UK charity that helps victims of dog theft—recorded a 170% increase in the rate of this crime between 2019 and 2020. It is very welcome that in May the Government announced a taskforce that will consider the factors contributing to the rise in dognapping and recommend solutions to tackle the problem, but we do not need just another consultation. What we actually need is action and the Bill provides the perfect opportunity for the Government to take that action.

Campaigners against dog theft have called for pet theft to be made a specific offence and they are right to do so. That crime needs more robust punishment than just being covered by theft of property; treating pets just as “property” does not recognise the emotional attachment that people place on them.

[Hywel Williams]

Does the hon. Lady recognise, as I do, the value of pets in therapeutic situations, especially when people have a disability and perhaps build a particular relationship with a cat or dog? In that respect, the theft of such an animal is even worse than the theft of just a family pet, as it were.

[Sarah Champion]

I completely agree. While the hon. Gentleman was talking, I was reminded of my grandma, who had a budgie called Bluey. As a child, I did not realise why, every few years, Bluey changed colour. But for my grandma, if Bluey had been stolen it would have broken her, as Bluey was the one constant in her life. The value of a budgie is—what? I do not know—£20? What we find, though, is that when people are caught for petnapping they only receive a small fine; indeed, sometimes they just receive a suspended sentence. Those punishments do not reflect the emotional worth that the pets have.

According to the Pet Theft Reform campaign, in recent years only 1% of dog thefts have even led to prosecution. Campaigners have called for reform of the current system of pet microchipping, to improve the chances of reuniting stolen animals with their owners.

As we have discussed, it is heartbreaking when a beloved family pet is stolen. Currently, however, it is very difficult to collate definitive statistics on pet theft, which is principally due to, first, the different methods of recording pet theft that are used by different police forces and, secondly, pets not being differentiated under the Theft Act 1968. Pets are more than property and legislation should reflect that.

[Siobhan Baillie (Stroud) (Con)]

I have campaigned on this incredibly important issue. However, having looked into the details and worked with different campaign groups and the Gloucestershire police force, which is recording these crimes well, I think some of the issues that the hon. Lady has touched on are becoming wider and wider in scope. There is a range of things that we need to fix.

I am inclined to say that the taskforce is the way forward to get to legislation. Does the hon. Lady agree that we must look at all of the issues, rather than just trying to tackle either specific sentencing or specific legislation?

[Sarah Champion]

I completely agree with the hon. Member. Yes, of course, we need robust data to be able to do that. We are in a chicken-and-egg situation because, as the hon. Member highlights, different police forces record different things, so it is hard to grasp the problem. The thing that I am most mindful of is that the opportunity to make changes to the legislation are slight in Parliament, but the Minister has an opportunity now, so I urge him to grasp it.

Does the Minister agree that the punishment should outweigh the potential rewards for stealing pets? At the moment, people receive tens of thousands of pounds for stealing dogs, but they are not given a sentence if they are convicted. I completely understand the work of the taskforce, but we need a positive response, which campaigners and pet owners have called for. There have been some really disturbing cases, with increasing violence used in dog thefts. That is another reason why I want the Government to send a strong message that that is not acceptable and is punishable.

A dog owner was knocked to the ground and punched in a  terrifying attack by two men trying to steal her pet. Allie Knight, 22, was attacked near Mutley Plain, Plymouth, as she walked her pug, Paddy. Mike Jasper was walking his dog Ted—this was awful—a sprocker spaniel, in south London in December after visiting his allotment when he was brutally attacked by two men wearing face masks and Ted was taken. “BBC Breakfast” raised this case, and it highlighted the depth of the loss that someone feels when their pet is taken. A 50-year-old woman was attacked and had her dog stolen while she was out walking in Moira Road in Woodville, Derbyshire. One man pushed her to the floor, and grabbed her two-year-old dachshund called Minnie, while the other held his fist to her face.

Police forces need sufficient resources and training to be able to deal with pet theft in a sensitive manner and highlight resources where owners can turn for support. Blue Cross strongly supported the recent decision of Nottinghamshire police to appoint Chief Inspector Amy Styles-Jones as the first specialist dog-theft lead in the country. Having a dedicated dog-theft specialist in each police force would make a huge difference, and would address the point made by the hon. Member for Stroud about the disparities across the country.

[Chris Philp]

Once again, I am grateful to the shadow Minister and his colleagues for raising an extremely important issue: criminals seeking to profit from the theft of a pet. Sadly, it is a growing trend. Dog owners do not feel safe or comfortable very often, and it can be heartbreaking when a much-loved family pet is taken. Recognising that, the Lord Chancellor, the Home Secretary and the Secretary of State for Environment, Food and Rural Affairs have recently created a new taskforce to investigate the problem end to end and find solutions—not just in relation to the criminal offence, which we will come on to in a moment but in relation to prevention, reporting, enforcement and prosecution of the offences. It will make clear recommendations on how the problem can be tackled. We have seen in other contexts—for example, there was a problem a few years ago with scrap-metal thefts from church roofs—how an end-to-end approach can have an effect. We should not look simply at one element of the problem but at the whole thing end to end, and that is what the task force is urgently doing, as well as taking evidence from experts. The Minister for Crime and Policing is also involved, to make sure that police investigation is what it should be.

As we have heard, the theft of a pet is currently a criminal offence under the Theft Act 1968, so the question arises of why we need a new offence. The first thing I would say is that the maximum sentence for the new offence proposed by the new clause is only two years, whereas the maximum sentence under the Theft Act is seven years. The new clause, if adopted, would reduce the maximum penalty available for stealing a pet from seven years to two years, which strikes me as incongruous, given the purported objectives of the new clause.

The shadow Minister made some points about whether the emotional value of the pet was recognised and accounted for. I draw his attention, and the Committee’s attention, to the Sentencing Council guidelines on theft, which are used by judges when passing sentence for theft up to the seven-year maximum. Under the guidance, which judges are bound to use, harm includes the emotional distress caused by the theft. The guidance also talks about the value to the person who suffered the loss, regardless of monetary worth, so the emotional distress and the non-monetary value are baked in already, in black and white, in those Sentencing Council guidelines. Indeed, the table specifying the level of harm sets out that emotional damage and harm to the victim cause an escalation in the sentence, over and above what would be the case based simply on monetary value.

--- Later in debate ---

[Sarah Jones]

I imagine that if a vehicle could not accommodate a black box, it would not fall within the remit of the new clause. Perhaps we could work on the guidance accompanying the new clause to fix the issue that the right hon. Gentleman has mentioned. I am grateful to him for doing so.

[Sarah Champion]

Does my hon. Friend agree, though, that fitting a black box would not inhibit a good driver, and it should not put an additional cost on the hire? The new clause would allow us to capture the data that could prove that people had been acting recklessly after hiring sports cars.

[Sarah Jones]

My hon. Friend is right, as always. The purpose of the new clause would be of no concern to people who drive safely and competently.

The new clause would also make it a requirement for companies to hand over that black box data to the police should they request it. As Members of the House have communicated to me, this problem is repeatedly raised on the doorstep in some communities and in constituency surgeries, and getting a grip of it would not only make people safer, but push back on the costs picked up by responsible road users who are penalised through their own insurance to cover the risk presented by a minority of reckless road users who drive vehicles without insurance that become involved in crashes.

The Motor Insurers Bureau has shared with me some troubling examples of questionable insurance policies being used by some companies in this rental sector. Agencies agree that costs are passed on to law-abiding road users by those abusers of system. A black box would help to provide an evidence base for determining whether road traffic offences had been committed and, ultimately, for securing prosecutions if necessary. That would protect law-abiding road users from risk and cost to them.

Over the years, I have seen the police and various partnerships deploy several attempts to address the issue, with varying success. The new clause would make a start by using legislation to address reckless driving facilitated by the irresponsible use of hired supercars.

--- Later in debate ---

Brought up, and read the First time.

[Sarah Champion]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 11—Definition of “issue of consent”—

“(1) Section 42 of the Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) For paragraph (b) substitute—

“(b) “issue of consent” means any issue where the complainant in fact consented to the conduct constituting the offence with which the defendant is charged and any issue where the accused reasonably believed that the complainant so consented;””

This new clause re-defines “issue of consent” for the purposes of section 41, including in the definition the defendant’s reasonable belief in consent, and thus removing it as a reason for the inclusion of a complainant’s sexual history or behaviour.

New clause 12—Admission of evidence or questions about complainant’s sexual history—

“(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 43 insert—

“43A In any trial or contested hearing to which section 41 of the Youth Justice and Criminal Evidence Act 1999 applies, if no pre-trial application in accordance with Part 36 of the Criminal Procedure Rules has been made, or if such application has been made and refused in whole or in part, no further application may be made during the course of the trial or before its commencement to call such evidence or ask such question, and no judge may allow such application or admit any such questions or evidence.””

This new clause would have the effect that no section 41 evidence or questions could be admitted by a judge at trial unless there had been an application before trial in accordance with the practice directions; and the amendment would ban applications from being made immediately before or during the trial.

New clause 13—Complainant’s right of representation and appeal on an application to adduce evidence or questions on sexual conduct—

“(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 43 insert—

“43A In any trial to which section 41 applies, where notice is given that there will be an application under Part 36 of the Criminal Procedure Rules for leave to ask questions or to adduce evidence as to any sexual behaviour of the complainant—

(1) The complainant may not be compelled to give evidence at any hearing on the application.

(2) The complainant will be entitled to be served with the application and to be legally represented (with the assistance of legal aid if financially eligible) as “a party” within the meaning of the Criminal Procedure Rules in responding in writing to the application and in presenting their case at any hearing on the application.

(3) If the application succeeds in whole or in part, the complainant will have a right to appeal for a rehearing of the application to the Court of Appeal on notice within 7 days of the judgement being delivered.

(4) On any such appeal, the Court of Appeal will rehear the application in full and may grant or refuse it in whole or in part.

(5) The Secretary of State may, by regulation, set out rules of procedure relating to any hearing or appeal under this section.””

This new clause would give the complainant a right of representation, with legal aid if they are financially eligible, to oppose any application to admit section 41 material about them. This new clause would also give complainants a right of appeal to the Court of Appeal if the application is allowed in whole or in part. The new clause also provides that the complainant is not compellable as witness at the application.

New clause 14—Collection of and reporting to Parliament on data and information relating to proceedings involving rape and sexual assault—

“(1) The Secretary of State shall collect and report to Parliament annually the following data and information—

(a) The time taken in every case of rape or sexual assault for the case to progress from complaint to charge, from charge to pre-trial plea and management hearing; and from then until trial.

(b) The number of applications to ask questions or adduce evidence of any sexual behaviour of the complainant under section 41 of the Youth Justice and Criminal Evidence Act 1999 (“the 1999 Act”) made in the Magistrates and Crown Courts of England and Wales, irrespective of whether a trial was subsequently held.

(c) The number of cases which involved questions on or evidence of any sexual behaviour of the complainant in all rape, sexual abuse and other trials or contested hearings in the Magistrates and Crown courts in England and Wales, irrespective of whether an application was made to admit such questions or evidence in advance of the trial or hearing.

(d) In cases to which section 41 of the 1999 Act applies—

(i) whether Part 36 of the Criminal Procedure Rules was followed in each application and if it was not, how it was not;

(ii) the questions proposed to be asked;

(iii) the evidence proposed to be called;

(iv) whether the prosecution opposed the application and if so the content of their representations;

(v) whether evidence was called to support or oppose the application;

(vi) whether the application was allowed in whole or in part and a copy of the judgement made on the application; and

(vii) any other material which might assist in an assessment of the frequency, basis and nature of applications for the use of such questions or evidence and the likely impact on any parties to any trial and the trial outcome.

(2) The data and information to be collected under subsection (1) shall include—

(a) all the material from any pre-trial application;

(b) the questions in fact asked and the evidence in fact called about any sexual behaviour of the complainant in the trial;

(c) any application at the start or during the course of the trial to vary or alter any judgement given in any earlier application or any further application to admit such questions or evidence;

(d) whether any material not previously authorised was used in the trial;

(e) whether the prosecution objected; and

(f) any ruling made or action taken by the judge on the further conduct of the trial as a consequence of the admission of questions or evidence under section 41 of the 1999 Act.

(3) The data and information to be collected under this section shall be collected from the date of Royal Assent to this Bill.”

This new clause requires the Secretary of State to collect and report to Parliament data and information on trial delay and section 41 matters.

New clause 15—Training for relevant public officials in relation to the conduct of cases of serious sexual offences—

“(1) The Secretary of State shall, on this Act coming into force, publish and implement a strategy to provide training on the investigation of rape and alleged rape complainants, and the admissibility and cross-examination of complainants on their sexual history to—

(a) the Crown Prosecution Service;

(b) Police Forces;

(c) the Judiciary; and

(d) such other public bodies as the Secretary of State considers appropriate.

(2) The Secretary of State shall ensure that any judge who is asked to hear a trial where the accused is charged with rape or any other serious sexual offence has attended and completed a training programme for such trials which has been accredited by the Judicial College.”

This new clause ensures that all criminal justice agencies shall be trained and that no judge can hear a sexual offence trial of any kind unless they have attended the Judicial College serious sexual offence course.

New clause 42—Enhancement of special measures in sexual offences—

“(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 27, after subsection (1), insert—

“(1A) Any interview conducted under this section of a complainant in respect of a sexual offence must be conducted by—

(a) a member of the Bar of England and Wales,

(b) a member of the Faculty of Advocates,

(c) a member of the Bar of Northern Ireland, or

(d) a solicitor advocate.””

New clause 57—Restriction on evidence or questions about mental health counselling or treatment records relating to complainant or witness—

“(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 43 insert—

“43A Restriction on evidence or questions about mental health counselling or treatment records relating to complainant or witness

(1) If at a trial a person is charged with a sexual offence, then, except with the leave of the court—

(a) no evidence may be adduced, and

(b) no question may be asked in cross examination,

by or on behalf of any accused at the trial, about any records made in relation to any mental health counselling or treatment which may have been undertaken by a complainant or witness.

(2) The records made include those made by—

(a) a counsellor,

(b) a therapist,

(c) an Independent Sexual Violence Adviser (ISVA), and

(d) any victim support services.

(3) The court may give leave in relation to any evidence or question only on an application made by or on behalf of a party to the trial, and may not give such leave unless it is satisfied that—

(a) the evidence or question relates to a relevant issue in the case which will include a specific instance (or specific instances) of alleged sexual behaviour on the part of the complainant,

(b) the evidence or question has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice, and

(c) a refusal of leave might have the result of rendering unsafe a conclusion of the jury or (as the case may be) the court on any relevant issue in the case.

(4) For the purposes of making a determination under paragraph (3)(b) the judge shall take into account—

(a) the interests of justice, including the right of the accused to make a full answer and defence;

(b) the need to preserve the integrity of the trial process by removing from the fact-finding process any discriminatory belief or bias;

(c) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;

(d) the potential threat to the personal dignity and right to privacy of the complainant or witness;

(e) the complainant’s or witness’s right to personal security and to the full protection and benefit of the law;

(f) the provisions of the Victims Code; and

(g) any other factor that the judge considers relevant.

(5) Where this section applies in relation to a trial by virtue of the fact that one or more of a number of persons charged in the proceedings is or are charged with a sexual offence—

(a) it shall cease to apply in relation to the trial if the prosecutor decides not to proceed with the case against that person or those persons in respect of that charge; but

(b) it shall not cease to do so in the event of that person or those persons pleading guilty to, or being convicted of, that charge.

(6) Nothing in this section authorises any evidence to be adduced or any question to be asked which cannot be adduced or asked apart from this section.

(7) In relation to evidence or questions under this Section, if no pre-trial application in accordance with Part 36 of the Criminal Procedure Rules has been made, or if such application has been made and refused in whole or in part, no further application may be made during the course of the trial or before its commencement to call such evidence or ask such question, and no judge may allow such application or admit any such questions or evidence.””

This new clause would restrict evidence or questions about mental health counselling or treatment records relating to complainant or witness unless a defined threshold is met.

New clause 68—Law Commission consideration of the use of complainants’ sexual history in rape trials—

“The Secretary of State must seek advice and information from the Law Commission under section (3)(1)(e) of the Law Commissions Act 1965 with proposals for the reform or amendment of the law relating to the use of complainants’ sexual history in rape trials.”

[Sarah Champion]

I would like to speak to new clause 57, which would restrict evidence or questions about mental health counselling or treatment records, unless a defined threshold is met. Under current legislation, the police and defence are able to access all the victim’s counselling notes relatively easily. That results in many victims fearing that their counselling notes will be used against them in court proceedings, while some victims are actively discouraged from accessing counselling until after the trial has taken place.

New clause 57 would create a presumption that the disclosure of counselling notes would not be used as evidence, so that only in exceptional circumstances could the victim’s records be accessed. The new clause would add a new section to the Youth Justice and Criminal Evidence Act 1999, so that the judge would have to take into account multiple factors, including the victims’ code, and the potential threat to the person’s dignity and right to privacy of the complainant or witness.

The mental health records would also have to relate to a relevant issue in the case, and the judge would have to ensure that the evidence has significant probative value. That would reassure victims that it would be unlikely that their records would be used, and give them more confidence in working with the police and courts to secure justice.

I recently received an email from a brave woman who used to live in my constituency. She has now moved away from the UK because she did feel emotionally or physically safe in Rotherham, or indeed in England. She left the UK as a direct result of the traumatic court case. She literally moved to the other side of the world. In 2011-12, she reported childhood sexual abuse to South Yorkshire police. In her email to me, she wrote:

“After I completed my video evidence, the officers told me it would complicate the trial if I sought any mental health support, and to wait until it was over. That took 18 months, 18 of the most difficult months, when I was emotionally abused and outcast by my family for reporting the abuse. I had nowhere to turn, needed to see a psychologist for support and I was utterly traumatised. Today, I suffer from post-traumatic stress from that trial, and I feel it is related to being denied my human right of access to mental health support. If the police denied anyone cancer treatment during court proceedings, there would be uproar. We need to see mental health in the same way.”

She goes on to say:

“Despite it not being illegal to see a counsellor, it appears to be more convenient for the police case if one is not seen. When someone in such an immense position of trust indicates it would be better not to see a counsellor, the victim is so vulnerable and so strongly led by the police that I fear it will continue, even if it is off the record. Furthermore, the fear of past or ongoing counselling notes being shared with the courtroom is so overwhelmingly terrifying it is enough to put someone off seeking help, even if they were not directed against it by the police, as I was.”

Minister, this needs systematic change. Receiving counselling or mental health support should not make a victim unreliable as a witness. In 2018, in a debate about the victims’ strategy, the then Solicitor General, now Lord Chancellor and Secretary of State for Justice, the right hon. and learned Member for South Swindon (Robert Buckland), said:

“Where we have suitably qualified…mental health professionals, there should…be no bar to the sort of general counselling help that would be of real value to people who are experiencing some form of trauma.”—[Official Report, 11 October 2018; Vol. 647, c. 374.]

More recently, in response to my written question, the Minister for Crime and Policing, the hon. Member for North West Hampshire (Kit Malthouse), said:

“Victims of crime have a right to be referred to support services and have services and support tailored to their needs. There are no rules that restrict access to therapy in advance of criminal proceedings.”

My constituent was denied mental health support. I received a letter from South Yorkshire police confirming that there is guidance, which the CPS relied on in this case, to deny therapy to vulnerable witnesses in cases where the evidence can be argued as tainted and the prosecution lost. My constituent was refused counselling, but the police then found and shared counselling notes from sessions she had had at university, four years before the court case. She states:

“I was already fearful about how much of that information I’d freely shared in confidence four years earlier would be shared with my abuser and whoever else turned up to court that day.”

Police, Crime, Sentencing and Courts Bill (Sixteenth sitting)

Sarah Champion Excerpts

Committee stage
Thursday 17th June 2021 Public Bill Committees

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

I was, Mr McCabe—thank you very much. I understand that the Opposition do not oppose clauses 141 to 143, but I will obviously respond to new clause 65, tabled by the hon. Member for Rotherham and signed by more than 30 other Members. I understand the message of how seriously Members across the House take the issue. We are very alive to the ability of sex offenders to manipulate systems, build trust, groom, and use many evil, awful methods in order to commit their crimes.

I am not naive to the risks that the hon. Lady put forward in her very well argued speech about the motivations of sex offenders in changing their name. As she said, there are very strict rules: sex offenders are required to notify the police within three days of changing their name—indeed, failure to do so is a criminal offence punishable by imprisonment for a maximum of five years. I note her concerns, and those of others, about what can be done, if a sex offender does not so notify, to ensure that there are not consequences further down the line.

In fairness, parliamentarians have been having this debate for some time. I have received a great deal of correspondence on this matter, particularly in conjunction with the campaign run by the Safeguarding Alliance. As a result, I have commissioned officials to look into the matter very carefully. I have written to the Master of the Rolls requesting that a judicial working group set up by the Ministry of Justice should consider how the deed poll process can be exploited for criminal ends.

The work of that group includes considering whether amendments to the Enrolment of Deeds (Change of Name) Regulations 1994 are required. I raise that because the regulations for changing name by deed poll are made by the Master of the Rolls, not a Minister, and I must of course respect and honour that; it is not as straightforward as me signing my name and changes happening. The ball has already started rolling with the Master of the Rolls, and indeed the Ministry of Justice, to try to find ways of addressing the concerns that the hon. Lady and many other Members have voiced in recent months.

[Sarah Champion (Rotherham) (Lab)]

I hope the Minister recognises my concerns around enrolment, and the fact that the data then gets published. The enrolled deed poll does not include the question whether someone has a criminal past. I am still concerned that that could be a loophole.

[Victoria Atkins]

Interestingly, the point that the hon. Lady has highlighted about, for example, victims of domestic abuse having to publish their addresses is one of the factors that we are very much having to bear in mind as we look at this. I have also received a great deal of correspondence from hon. Members concerned about the safety of transgender people, for example, and victims of domestic abuse. We can think of other examples of where people have changed their name and there are security issues therein as well as the fact of the name being changed. It is a very complicated area.

I have also listened to the concerns about the Disclosure and Barring Service system. As colleagues will know, the DBS conducts criminal records checks and maintains lists of people who are barred, by virtue of their previous convictions, from working with either children or vulnerable adults—sometimes both. That is an incredibly important process. My right hon. Friend the Member for Bromsgrove (Sajid Javid) has done a great deal of work on the issue as well.

I have asked my officials to work with the Disclosure and Barring Service, employers and others, including the General Register Office, to examine whether, for example, requiring birth certificates would help assure employers such as schools of a person’s history and previous names. The work is very complicated, not least because we have to bear in mind, for example, that 20% to 25% of records checks involve applicants born overseas. Although one would hope that it is easy in this country to obtain a copy of a birth certificate if one has lost it, that may not be the case elsewhere in the world.

[Sarah Champion]

The Minister has been going through the same process that I have been going through. Rather than putting a blanket demand for birth certificates on everybody, is there the potential to flag all sex offenders? I am not sure about the Minister’s view, but mine is that when someone carries out a sexual offence, they lose some of their rights. If all sex offenders had a flag on them that automatically triggered the check, either with the Driver and Vehicle Licensing Agency or the Passport Office, that would seem a more manageable way forward administratively.

[Victoria Atkins]

The Passport Office can already refuse to change the names on a passport under the existing regulations, but this whole area is incredibly complicated; it involves not just regulations but the common law as well. There is a great tradition in common law of people being able to change their names, and we would not want to trespass upon that. What we are trying to do is target sex offenders who are not doing what they should be—namely, notifying the police of any changes to their names.

I have gone through some of the work that we are conducting, albeit quietly; we have not gone to the lengths of describing it as a review. Given the wording of her new clause, I hope that the hon. Member for Rotherham takes comfort from the fact that we are looking at the issue seriously. We are working across the MOJ, the Home Office and other agencies relevant and important to the issue to try to find answers that are proportionate and protect the rights of the very people we are not trying to target.

My right hon. Friend the Member for Scarborough and Whitby gave the example of someone who changes their name on getting married. I am sensitive to the resource implications of having blanket orders. We will continue with this work. I am happy, as always, to involve the hon. Member for Rotherham because I know of her great interest and expertise on these matters, but I hope I can persuade her not to push her new clause.

Question put and agreed to.

Clause 141 accordingly ordered to stand part of the Bill.

Clauses 142 to 144 ordered to stand part of the Bill.

Clause 145

List of countries

[Sarah Champion]

I beg to move amendment 3, in clause 145, page 143, line 16, leave out “may” and insert “must”.

This amendment would place a requirement on the Secretary of State to prepare (or direct someone to prepare) a list of countries and territories considered to be at high risk of child sexual exploitation or abuse by UK nationals and residents, rather than leaving at the Secretary of State’s discretion to produce such a list.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 4, in clause 145, page 143, line 20, after “residents”, insert

“, including those who commit those crimes online, remotely or via the internet”.

This amendment would ensure the list prepared by the Secretary of State includes countries and territories where children are considered at high risk of child sexual exploitation by UK nationals and residents who commit those crimes online, remotely or via the internet, and is not limited to in-person offending.

Amendment 5, in clause 145, page 143, line 24, after “residents”, insert

“, including those who commit those crimes online, remotely or via the internet”.

This amendment would ensure the list prepared by a relevant person directed by the Secretary of State includes countries and territories where children are considered at high risk of child sexual exploitation by UK nationals and residents who commit those crimes online, remotely or via the internet, and is not limited to in-person offending.

Amendment 6, in clause 145, page 144, line 16, leave out subsection (9).

This amendment would remove the ability of the Secretary of State to withdraw the list of countries and territories considered to be at high risk of child sexual exploitation or abuse by UK nationals and residents.

Clause stand part.

Clause 146 stand part.

[Sarah Champion]

I previously spoke about the horrific nature of online exploitation and the need for an urgent and robust response from the UK to disrupt the cycle of supply and demand fuelling that abuse. As I previously argued, the Bill is an important opportunity for the Government to take action in this area, and clause 145 is no different. I very much welcome the measures set out in the Bill and particularly in clause 145, which provide for the establishment and maintenance of a list of countries and territories in which children are considered to be at high risk of sexual exploitation or abuse by UK nationals or residents. Tied to this, clause 146 would require applicants—for example, the police—for a sexual harm prevention order or sexual risk order to have regard to that list. These important measures should be welcomed. They give effect to a recommendation made by the Independent Inquiry into Child Sexual Abuse.

It is vital that we do all we can to tackle contact offending overseas, but we must also take into consideration online offending against children overseas. My amendments 4 and 5, to clause 145, would require the Secretary of State to produce a list of high-risk countries for both in-person and online abuse. As currently drafted, the Bill grants the Secretary of State the ability to publish a list of countries and territories in which UK nationals pose a high risk of sexual exploitation and abuse. Through my amendments, I am seeking to clarify that that relates to both in-person and online abuse. Through amendment 6, I would make it a requirement that the Secretary of State do this; currently, it is a matter of discretion.

It is hoped that, through consultation with law enforcement and civil society, we will enable an accurate list of high-risk areas to be gathered together. That would be an immeasurably useful resource for targeting resources in the future. This process will also help us to better understand the nature of exploitation and abuse by UK nationals, enabling us to ensure that interventions are effective in achieving prevention.

As with my other amendments on online sexual exploitation of children, these amendments are supported by the International Justice Mission. I am very grateful for its support on this matter, but also for all the work that it does around the world to protect children. It knows only too well the horrific nature of online abuse carried out by UK offenders against children overseas. I really hope that the Minister is minded to add a provision about online abuse to the Bill or is able to give reassurance that the online proliferation of abuse will be included in the list.

[Victoria Atkins]

Again, I am mindful that the clauses are not opposed by the Opposition, so I hope that I can move straight to the amendments tabled by the hon. Member for Rotherham. However, I should just say, for those who are not familiar with why we are putting together a list of countries, that it was a recommendation of the Independent Inquiry into Child Sexual Abuse that we as a country must look very carefully and seriously at how sexual offenders within the UK travel abroad to rape and sexually assault children overseas. That is an incredibly important matter and one that we take very, very seriously.

The inquiry recommended that we bring forward legislation providing for the establishment of a list of countries where children are considered to be at high risk of sexual abuse and exploitation from overseas offenders—I underline that. This is a list to help people regarding offenders from the United Kingdom, not a commentary on offenders within the countries that are so listed.

The purpose of the list is to help the police and courts identify whether a civil order with a travel restriction should be made. The list has been created. We commissioned the National Crime Agency to develop the list of countries, and it brought together insights from sensitive law enforcement data, open-source intelligence analysis and the expertise of those who work with the victims of child sexual exploitation, in drawing it together.

--- Later in debate ---

[Sarah Champion]

I understand the logic of the argument that the Minister is putting forward, but what I hear anecdotally from the police is that there is that escalation. I would have thought that knowing, for example, that they are able to watch children being abused in the Philippines would be a draw for UK abusers who want that escalation to go to the Philippines. Having the word “online” there would make the police recognise the very severe damage that happens, whether it is done in person or is being directed by a UK national. It is about the recognition of how this escalates.

[Victoria Atkins]

Yes, I do understand that point, but there has been very careful consideration of the effects of an order to prohibit a person from travelling overseas. I am told that adding “online” to the clause would undermine the appropriateness of such orders.

I also draw the Committee’s attention to the Online Safety Bill, which will help more generally in the online world. It will place a duty of care on tech companies to target grooming and the proliferation of child sexual abuse material. Of course, Members will in due course scrutinise the draft Bill that has been put before the House for its consideration.

On amendment 6, the effectiveness of the list is dependent on its reflecting the current global intelligence picture. The Secretary of State must retain the right to withdraw the list in the unforeseen event that the intelligence picture changes rapidly or that the list becomes no longer of practical use. I stress, however, that our intention is to maintain the list, and any decision to withdraw it would be taken on an exceptional basis.

I welcome the hon. Lady’s, and indeed the Opposition’s broad support for the clauses, and invite her to withdraw the amendment.

[Sarah Champion]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 145 ordered to stand part of the Bill.

Clause 146 ordered to stand part of the Bill.

Clause 147

Standard of proof

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 162, in clause 148, page 150, line 14, at end insert—

“(1B) A sexual harm prevention order must require the offender to participate in a treatment programme approved by the Secretary of State for the purpose of reducing the risk of sexual harm that a person may pose.”

Amendment 163, in clause 148, page 152, line 34, at end insert—

“(1B) A sexual harm prevention order must require the defendant to participate in a treatment programme approved by the Secretary of State for the purpose of reducing the risk of sexual harm that a person may pose.”

Clause 148 stand part.

Amendment 164, in clause 149, page 154, line 42, at end insert—

“(7A) A sexual risk order must require the defendant to participate in a treatment programme approved by the Secretary of State for the purpose of reducing the risk of sexual harm that a person may pose.”

Clauses 149 to 152 stand part.

[Sarah Champion]

Amendments 162 to 164 were tabled in not only my name but that of my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson). They amend clauses 148 and 149, which relate to sexual harm prevention orders and sexual risk orders. The Government are introducing the clauses to expand the role of those orders so that positive requirements can be placed on individuals, and we welcome that. Currently, the law allows only for individuals to be ordered to stop things.

Given that the Government are introducing changes to the orders, I believe that the law could be strengthened even further, which is why I am speaking to the amendments in the name of my right hon. Friend. The amendments would impose a positive duty to refer to a treatment programme all individuals who are subject to a sexual harm prevention order where they have been convicted, or a sexual risk order when a conviction has not yet been obtained. For example, that could be prior to a court hearing when there is sufficient concern for an order to be made before a conviction is obtained.

Under the amendments, a mandatory referral to treatment services would be required for all those engaged in criminal sexual behaviour and where a SHPO or SRO is to be put in place. That is an attempt to intervene at the earliest opportunity, and in particular to stop non-contact sexual offending behaviour escalating. Starting with non-contact sexual offending, such as indecent exposure or voyeurism, is necessary as it is often a gateway to more serious offending. There is a great deal of evidence that those who commit low-level or non-contact sexual offences will often escalate their behaviour and take more risks, with the potential for increasingly violent sexual crimes.

That pattern of behaviour is encapsulated by the case of a University of Hull student, Libby Squire, who was out in Hull one night when she was picked up by a man who went on to rape and murder her and then dumped her body in the River Hull. She was not found for many weeks. It was later revealed that the man who murdered Libby had been prowling the streets of Hull for many months committing low-level sexual offences such as voyeurism and burglary of women’s underwear and sex toys. Those crimes took place between 2017 and January 2019.

The last known non-contact sexual offence that the man committed happened just 11 days prior to the murder of Libby Squire. Unfortunately, very few of his crimes were reported to the police before Libby went missing. Even if the offender had been charged or convicted of those non-contact sexual crimes, the police believe that little would have been done to address his offending behaviour, as his actions did not meet the high threshold for referral to specialist treatment.

The amendments would address that issue and make referrals mandatory for all sexual offending, including lower-level or non-contact sexual offending. That would effectively interrupt a pattern of behaviour at the earliest possible point and help to prevent an escalation of sexual offending, thus helping to reduce the risk of sexual harm to women and girls and the wider public. I look forward to hearing what the Minister says about this group of amendments, as I know that she too is very concerned about these matters.

[Victoria Atkins]

Again, I am not going to address the clauses, because I understand they are not opposed. If I may, I will deal with the amendments. I am extremely grateful to the hon. Member for Rotherham and the right hon. Member for Kingston upon Hull North, who has rightly brought to the fore the case of Libby Squire. Although I am not a Hull Member of Parliament, I have some knowledge of it because it is in my part of the country, and everyone in our region watched the facts of that case unfold with growing dismay, gloom and horror when it was eventually clear what had happened to poor Libby, so I very much appreciate the chance to put on the record our condolences to her family. I also completely understand why the right hon. Lady has tabled the amendments.

We are not able to agree to the amendments because we are concerned that for each offender, even of so-called low-level offences, one has to be very, very careful to make it clear that those offences are still by their very nature serious. Sadly, the depravity and gravity of sexual offences is such that there is a range, and the lower-level offences are ones that are particularly troubling to the right hon. Member for Kingston upon Hull North in the context of this clause.

It is important to make an individual assessment of the value of a treatment programme in each case, using risk assessment and risk management plans to inform the decision. Sadly, not all offenders will respond appropriately to a treatment programme. Indeed there are fears that, in some cases, it could exacerbate their offending behaviours. At the moment and for the foreseeable future, we intend that treatment programmes should be directed towards offenders who would benefit most. When I say “benefit”, it is for the wider benefit of the community that these perpetrators are stopped, but it is for those offenders who will respond best to the programmes. That means that a case-by-case assessment must occur, rather than the universal approach proposed by the right hon. Lady.

I have spoken to the right hon. Lady and received a letter from her setting out her concerns. I know that her principal concern is how we manage effectively the risk presented by sex offenders whose offending behaviour starts with non-contact sexual offences such as indecent exposure, but which then escalates. There is a growing understanding that there is a range of behaviours that can escalate, and we very much want to address that escalation in behaviour.

However, one of the challenges is that, as the right hon. Lady acknowledges, the lower-level non-contact sexual offences might not be reported. If they are not reported, the police cannot deal with an offender if they do not know about that offender. They cannot manage the risk presented by such offenders if the behaviour is not reported and prosecuted as appropriate. So, from this afternoon, let us all encourage people who see the voyeurism or indecent exposure that concerns us in this particular area to please report that to the police. If it is reported, it begins to build a picture of that offender so that appropriate and necessary action can be taken.

Where such offences are reported and lead to convictions, the offender will be made subject to the notification requirements under the Sexual Offences Act 2003 and risk-assessed and managed under a multi-agency public protection arrangement. That plan will be implemented with support from other relevant agencies within the MAPPA framework.

Police, Crime, Sentencing and Courts Bill (Fifteenth sitting)

Sarah Champion Excerpts

Committee stage
Thursday 17th June 2021 Public Bill Committees

[Sarah Jones]

It is a pleasure to serve under your chairmanship again, Mr McCabe. Part 10, chapter 1, introduces serious violence reduction orders. Officers would be allowed to search people with an SVRO without reasonable grounds and without authorisation, which would be an unusual stop-and-search power. In effect, SVROs are not only a new court order, but a new stop-and-search power.

Clauses 139 and 140 specifically encourage officers to search people with previous convictions. The only safeguard in the Bill is the fact that the court decides whether to apply an SVRO on a conviction or not. Once an individual has an SVRO, officers would not have to meet any legal test in order to search them for an offensive weapon.

The context is that, on this Government’s watch, there have been record levels of serious violence. Despite the fall in violent crime during the first lockdown, it exceeded the levels of the previous year by the summer; between July and September 2020, it was up 9% compared to the same period in 2019. Violent crime has reached record levels, with police dealing with 4,900 violent crimes a day on average in the last year. The police have recorded rises in violence nationally since 2014, and violence has more than doubled in the past five years. In the year ending September 2020, violence against the person reached 1.79 million offences—its highest level since comparative records began in 2002-03.

Even during the last year, knife crime increased in 18 out of the 43 forces—44% of forces—despite the effects of lockdown. In the last year, violence made up nearly a third of all crime dealt with by the police; it was up from 16% when the Tories took office and 12% in 2002-03. Reports of violent crime have increased in every police force in the country since 2010. In four fifths of forces, violent crime has at least doubled, and knife crime reached its highest level on record in 2019-20, having almost doubled since 2013-14. There is clearly much to be done.

On the flip side, more and more violent offenders are getting away with their crimes; charge rates for violent offences have plummeted from 22% in 2014-15 to just 6.8% in 2019-20. While the total number of violent crimes recorded has more than doubled in the last 6 years, the number of suspects charged has fallen by a quarter, and the number of cases where no suspect is identified at all has nearly trebled. It is clear that the Government have a serious problem; they have let serious violence spiral out of control.

Earlier in Committee, we discussed the prevention of serious violence, and I put forward various amendments to improve clauses that we broadly welcomed. We talked about the way that violence drives violence, and said that if the Government want to properly follow a public health approach to tackling serious violence, they cannot treat it as though it happened in a vacuum. We need a proper public health approach to tackling violence that addresses the root causes of why people fall into crime, with early intervention to significantly impact the lives of vulnerable young people and communities.

It is hard to be persuaded that more sweeping powers to stop and search people with previous convictions will reduce serious violence. There is little evidence that stop-and-search is an effective deterrent to offending. That is not to say that it is not an important tool; it absolutely is and we all agree with that—nobody is saying otherwise. It is part of the police’s armoury when it comes to tackling crime.

Stop-and-search is more effective at detecting criminals, but most searches result in officers finding nothing. The key figure, which it is always important to look at, is the proportion of searches that actually result in finding something. Only around 20% of searches in 2019-20 resulted in a criminal justice outcome—an arrest or an out-of-court disposal—linked to the purpose of the search.

While evidence regarding the impact on crime is mixed, the damaging impact of badly targeted or badly conducted stop-and-searches on community relations with the police is widely acknowledged, including in my community in Croydon, where the police have put a lot of work into building community relationships to try to bridge that gap.

[Sarah Champion (Rotherham) (Lab)]

Is my hon. Friend interested, as I am, to see what the Government plan to do to rebuild that trust with communities, which has, unfortunately, unravelled over the last few years?

[Sarah Jones]

My hon. Friend makes an important point. We should remind ourselves of this: if I faced a crime, I would immediately call the police—they are the people I trust to fix it—but there are communities in our country who do not have that trust, and who do not think that calling 999 will help them, or keep them safe. We must act on that. Following Black Lives Matter and the death of George Floyd, the police in Croydon have reached out to the young black men in our community to try to build relationships. That is exactly what we should do, and it is something that all the national police organisations are looking to do.

The Library states that

“Available statistical analysis does not show a consistent link between the increased use of stop-and-search and levels of violence”.

I do not often point to the Prime Minister as an example of good practice, but in every year while he was Mayor of London, the number of stop-and-searches went down in London, as did violent crime. Interestingly, he was following a slightly different course from the one he now advocates as Prime Minister.

The College of Policing has concluded that stop-and-search should be used “carefully” in response to knife crime. The Home Office’s research found that the surge in stop-and-search during Operation Blunt 2 had

“no discernible crime-reducing effects”.

A widely cited study that was published in the British Journal of Criminology and analysed London data from 2004 to 2014 concluded that the effect of stop-and-search on crime is

“likely to be marginal, at best”.

The research found

“some association between stop-and-search and crime (particularly drug crime)”,

which I will come back to, but concluded that the use of the powers

“has relatively little deterrent effect”.

Most searches result in officers finding nothing. Officers found nothing, as we have talked about, in nearly 80% of searches in 2019-2020. Searches for drugs were more successful than average, with about 25% linked to an outcome.

The Prime Minister and the Home Secretary, when they talk about stop-and-search, talk about getting knives off the streets. However, the searches for offensive weapons and items to be used in burglary, theft or fraud were the least likely to be successful—9% were linked to a successful outcome. The results are even lower for pre-condition searches, or section 60 searches, as they are called, although the only reason officers can use the power is to search for a knife or an offensive weapon. This is a very stark statistic: in 2019-20, only 1.4% of pre-condition searches led to officers finding a knife or offensive weapon. Nearly 99% of searches did not find an offensive weapon, and obviously that has taken a huge amount of police time and resources.

In February 2021, Her Majesty’s inspectorate of constabulary and fire and rescue services published the findings of a review of 9,378 search records, 14% of which had recorded grounds that were not reasonable, and the inspectorate said the vast majority of search records had weak recorded grounds. There is a real lack of clarity on both the success of stop-and-search, and the Government’s messaging on it. They say it is to tackle knife crime and break the cycle of weapon carrying, in the interests of keeping our community safer, but actually the figures for finding a weapon are really low. The Government need to be clear about what the purpose of stop-and-search is. It seems to be that most of the positive results are in finding drugs, yet in communications they say it is about protecting families from the scourge of knife crime.

Around 63% of all reasonable-grounds searches in 2019-20 were conducted to find controlled drugs. HMICFRS says,

“The high prevalence of searches for possession of drugs…indicates that efforts are not being effectively focused on force priorities.”

What the Government do not talk so much about is the outcome of these searches; if only 20% last year resulted in an outcome, what were the Government doing with this data—what are the results? What are they doing to try to measure and improve outcomes?

It is, of course, imperative that we pass legislation to keep the public safe, but these measures are not a proportionate way of protecting the public. They risk further entrenching disparities, and there is little evidence that they would have the crime reduction impact that the Government intend. The worry is that introducing more stop-and-search powers without reasonable grounds will only serve to stoke division, and not necessarily have the intended outcome.

We have sought to amend clauses 139 and 140, and I will get to the amendments later, but first I want to set out a number of problems that could arise if these clauses were to become law. The inspectorate and the Independent Office for Police Conduct both raised concerns about reasonable grounds not being used or recorded properly. As the College of Policing recognises, requiring that objective and reasonable grounds be established before police can exercise their stop-and-search powers is key to their decision making. However, the serious violence reduction orders in these clauses will require no reasonable grounds or authorisation. When Nina Champion from the Criminal Justice Alliance gave evidence to this Committee, she said:

“Of course, we all want to reduce knife crime, but…We worry about these very draconian and sweeping police powers to stop and search people for up to two years after their release without any reasonable grounds. Reasonable grounds are an absolutely vital safeguard on stop and search powers, and to be able to be stopped and searched at any point is a very draconian move that, again, risks adversely impacting on those with serious violence reduction orders. For young people who are trying to move away from crime, set up a new life and develop positive identities, to be repeatedly stopped and searched, labelled and stigmatised as someone still involved in that way of life could have adverse impacts. It could also have impacts on the potential exploitation of girlfriends or children carrying knives for people on those orders. There could be some real unintended consequences from these orders.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 156, Q265.]

Many different organisations have raised concerns about the measures in clauses 139 and 140. When I have spoken to police officers about them, they say that the clauses almost came out of the blue; it does not seem that these clauses come from the police, and they do have concerns about how they will enforce them.

--- Later in debate ---

[Sarah Champion]

I am interested in the point the Minister is making about first-time offenders. A lot of children and young adults carry knives because they are scared and because they are aware of the crime going on in their area and they want to protect themselves—they feel vulnerable without a knife. What guidance will be in place for police officers to make the distinction?

[Victoria Atkins]

First and foremost, this will be piloted and there will be lessons learned during the careful piloting of the orders. Also, the orders are only available to convicted knife carriers above the age of 18.

I compare and contrast with knife crime prevention orders, which form part of the overall context of the orders. The hon. Member for Croydon Central will recall that KCPOs were introduced in the Offensive Weapons Act 2019 and are intended to be rehabilitative in nature. We have both positive and negative requirements that can be attached to them. They are available for people under the age of 18, from the age of 12 upwards. That is the difference between the two orders.

The hon. Member for Croydon Central asked me about the piloting of KCPOs. Sadly, because of the pressures of covid, we were not able to start the pilot when we had wanted to, but I am pleased to say that the Metropolitan police will start the pilot of KCPOs from 5 July. We will be able to gather the evidence from that type of order alongside the work on SVROs, which will obviously start a little later than July, given the Bill will not yet have Royal Assent. That will run alongside. It will run for about 14 months and we will be able to evaluate and see how the orders are working.

--- Later in debate ---

[Victoria Atkins]

I wonder whether it would be convenient for the hon. Member for Rotherham to speak?

[Sarah Champion]

It would be convenient—thank you. It is always a pleasure to serve under your chairship, Mr McCabe.

I found a very real problem that I did not know existed. I have spoken to a number of Ministers in the Home Office and the Ministry of Justice about it, and they all recognise that it is a real problem. I am seeking, through new clause 65, to get a review into how registered sex offenders are changing their names, and in doing so, are slipping under the radar with some absolutely devastating consequences.

Currently, all registered sex offenders are legally required to notify the police of any changes in their personal details, including names and addresses. Those notification requirements are incredibly weak, however, and place the onus entirely on the sex offender to report changes in their personal information. I would like to say that, by their very nature, sex offenders tend to be incredibly sneaky and used to subterfuge, so the likelihood of them actively notifying their police officer is quite slender.

At this point, I would like to mention the crucial work that has been carried out by those at the Safeguarding Alliance, who identified this issue four years ago and alerted me to it. They have an upcoming report, from which I will use just one case as an example. It is the case of a woman called Della Wright, the ambassador for the Safeguarding Alliance, who is a survivor of child sexual abuse. She has bravely chosen to speak out and to tell her story, which is symptomatic of that of so many other survivors who have been impacted by the serious safeguarding loophole.

When Della was between six and seven years old, a man came to live in her home and became one of her primary carers. He went on to commit the most heinous of crimes, and was free to sexually abuse Della at will. Years later, Della reported the abuse in 2007 and again in 2015. Then it quickly become apparent that the person in question was already known to the police. He had gone on to commit many further sexual offences against an undisclosed number of victims. During this time, Della was made aware that his name had changed. It has since been identified that he has changed his name at least five times, enabling him to relocate under the radar and evade justice. When Della’s case was finally brought to court, he was once again allowed to change his name, this time between being charged and appearing in court for the planned hearing. That slowed down the whole court process, adding additional stress to Della, and made a complete mockery, I may say, of the justice system.

While the loophole exists, Della’s abuser is free to change his name as often as he likes, including from prison.

--- Later in debate ---

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

I am astounded to hear what the hon. Lady is saying. Do similar checks take place when people get married, as there is quite a trend towards new, double-barrelled surnames? Is that a similar loophole that people could use?

[Sarah Champion]

I do not know the specifics, but I do know a friend whose husband cheated on her, who wanted to change her name before the divorce came through. She used the £15 option; it is just filling out a form and paying the money.

[Hywel Williams]

I would raise a further point. One of the aspects of denial among sex offenders is that they put a psychological distance between themselves and the offence on conviction. That is a subtle driver for people to change their names, quite apart from the wish to offend again and not be detected.

[Sarah Champion]

The hon. Gentleman makes a really interesting point on the psychology, which I had not considered. He is absolutely right.

If the name-change process was well joined up, it would stop the sex offender from successfully receiving a DBS check. Current guidance means that the police can only do that in certain cases—for example, for sex offenders they believe to be at risk of changing their identity or who work in a profession where they have regular contact with vulnerable people. As far as I am concerned, that would be the definition of all sex offenders. The police are encouraged to limit their inquiries to these agencies to avoid unnecessary or high volumes of requests to them.

The guidance states that

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

to cases where risk factors apply. I believe that the police should be able to do this for all sex offenders.

The Government have recognised that this is an issue. In response to an e-petition, the Minister said that the Government would like to change the guidance so that only enrolled deed polls are seen as an official name change. This is still concerning, as an enrolled deed poll means that the individual’s old name, new name and address appear in the London Gazette. I ask Committee members to imagine they were fleeing domestic violence and wanted to change their name. How would they feel, knowing that that was going to be broadcast in a place where their abuser would be sure to look?

My suggestion is for all sex offenders to have a marker on their file at the DVLA and at Her Majesty’s Passport Office that would mean that would be flagged on the DBS database. That would remove the onus from the sex offender so that if they breach their notification requirements, the police will know quickly. I accept that more resources would be needed for this to be effective, but surely it is worth more funding to prevent more adults and children from experiencing more traumatic abuse.

There needs be a full review to try to identify the gaps in safeguarding and ensure this cannot go on any longer. New clause 65 is supported by over 35 MPs from across the House, including the Chair of the Education Committee, the right hon. Member for Harlow (Robert Halfon), the Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), and the former Brexit Secretary, the right hon. Member for Haltemprice and Howden (Mr Davis).

[Allan Dorans]

Does the hon. Lady agree that if the provision had been in place in 2002, it could have prevented the needless murder of Holly Wells and Jessica Chapman by Ian Huntley, who had changed his name prior to committing this offence?

[Sarah Champion]

I absolutely agree. That is my frustration because when we look back at some of these high-profile cases, name changes have been common practice. This issue was also raised in the recent report by the Centre for Social Justice, “Unsafe Children.” The End Violence Against Women Coalition, said:

“It defies logic that this current system appears to rely on perpetrators of sexual offences identifying their own risk. Especially given that perpetrators are often highly manipulative and skilled at deceiving others and appearing ‘safe’.”

The new clause is not controversial. All I ask for is a review to find out what is going wrong. I do not know if other Members have signed up to receive notifications if a person of high risk is rehoused in their constituency. I receive such notifications, unfortunately quite regularly. In the most recent notification I had, there are 19 different specific licence conditions that the offender has to meet. One of them is to notify their supervising officer of details of any passport they may possess, including passport number, or any intention of applying for a new passport. However, there is no mention on that list of changing their name. That would seem to be a basic thing, so that at least the sex offender knows in advance that they have to notify the police, so it is a clear breach of conditions when they do not do that.

Ordered, That the debate be now adjourned.—(Tom Pursglove.)