Read Bill Ministerial Extracts
Sarah Jones
Main Page: Sarah Jones (Labour - Croydon West)Department Debates - View all Sarah Jones's debates with the Home Office
(6 years, 4 months ago)
Public Bill CommitteesQ
On the education side, everything you said chimes with what I have seen. In Croydon we had 60 serious case reviews of youth violence, and in every single case each of the 60 kids was outside mainstream school, so there is clearly a pattern there. What specifically do we need in terms of resources in schools? We have not touched on policing in schools, which is one aspect that may or may not be worth mentioning. What engagement is there from the Department for Education on this, and indeed from Ofsted? We talked about Ofsted potentially having a greater role. The question is about what traction you are getting from other Government Departments.
John Poynton: Shall I jump in and answer the first part? Redthread hosted a symposium of all of the hospital-based violence intervention programmes in the country—Victoria kindly opened the conference for us last week. That is a conference of only about eight existing hospitals, but there is a growing number of emerging interested hospitals. We had colleagues come from Glasgow and Edinburgh, from across Nottingham and Birmingham, and also from London, who are delivering hospital-based programmes, such as those at Redthread, St Giles and the Royal London.
There are 23 major trauma centres in England and Wales, four of them in London. The four in London have hospital-based violence intervention programmes embedded within them, between Redthread and St Giles. Redthread is working in Nottingham and is launching this month in Birmingham, so there are a number—I will let you do the maths. A number of other major trauma centres are interested, but it comes down to the resource question.
There is brilliant and innovative commissioning from police and crime commissioners, from the Home Office’s tackling crime team and the Mayor’s office for policing and crime in London, where commissioners are recognising, from the policing and criminal justice side, that we cannot arrest or enforce our way out of this problem. They are looking at where they can innovate and spend their money. But there is not match funding coming from other Government Departments—from the Department of Health and Social Care, from NHS England, from Public Health England or from the Department for Education.
The only way for us to be able to have hospital-based violence intervention programmes, where we know that we will be able to wrap around a comprehensive package of support in this teachable and reachable moment for young people, when they are victims of violence and they are most reflective and open to breaking their cycle of violence, is to have a clear cross-Government match-funding approach. We know that the Department for Education needs to be on board with this because, as we have talked about, perpetrators and victims of violence are very likely to have dropped out of mainstream education.
Coming from a family of teachers, I am not saying it is just about putting more responsibility on classroom teachers and headteachers but it is looking at resources. It is looking at how we support these young people outside of the classroom. There needs to be a clear approach from health colleagues in how they support this. There is advocacy and championing of a hospital-based violence intervention programme from clinicians on the shop floor; from Mr Martin Griffiths or Dr Emer Sutherland or Dr Asif Rahman, to name a few clinical champions in London hospitals.
There is funding in kind in ensuring that there is space for youth workers, caseworkers to be embedded in those hospitals, but there is no financial resource coming from the top down. As I have advocated, this needs to be an approach that is not just about knife crime or gangs or just about corrosive substances. This needs to be moving down to looking at a foundational approach to all forms of violence. There is a very clear example model for us to take a closer look at in the way that sexual assault referral centres are commissioned. Those are clearly accepted to be commissioned jointly by criminal justice and NHS England. That is one form of special commissioning from NHS England, where it jointly match-funds with its justice colleagues. That is an example that could be looked at in match funding in order to find the resource that we need to ensure that we can work with the victims.
We only have a few minutes left and four people still wish to ask questions. If we have quick questions and brief answers, we will get everybody in; otherwise, we will not be able to, as we have an absolute cut-off on the time. I call Mary Robinson.
Sarah Jones
Main Page: Sarah Jones (Labour - Croydon West)Department Debates - View all Sarah Jones's debates with the Home Office
(6 years, 2 months ago)
Public Bill CommitteesAs with the entirety of the Bill, we fully support the intention and most of the content of the clause, but we share the concerns of some of those who have given evidence to the Committee and to the Home Office about mandatory minimum sentencing for children. The clause has been lifted from an amendment to the Criminal Justice and Courts Act 2015, proposed by the former Member Nick de Bois, that introduced a two-strikes sentence, meaning that adults convicted more than once of being in possession of a blade will face a minimum six-month prison sentence and a maximum of four years, and that children aged 16 and 17 will face a minimum four-month detention and training order.
Since that legislation was introduced, there have been multiple media reports that have suggested that those sentencing arrangements are not being carried out for adults or children covered by that clause. Will the Minister provide details of how many offenders have been sentenced under those provisions and whether there has been monitoring of how many offenders do not receive a custodial sentence included in that clause, having been charged and convicted of knife possession on two separate occasions?
For example, the Telegraph reported in March 2016 that provisional data indicated that since the legislation was introduced, only 50% of offenders had been jailed, while another 23% had been given suspended sentences. Of those offenders, 907 were adults and 50% received a custodial sentence with an average sentence length of 6.6 months. It stated that
“The remaining 59 cases were offenders aged 16 or 17, with…46 per cent receiving an immediate custodial sentence.”
Has there been any review by either the Home Office or the Ministry of Justice of whether those reforms in the 2015 Act are being implemented by the courts—and, more importantly, of whether those reforms are effective? Are they improving public protection? Are they acting as a deterrent to children and adult offenders? Are they reducing recidivism? Has there been any review of the measures? If not, would it not have been desirable to conduct such a review before bringing forward the identical measures in this Bill?
Part of the written evidence we received came from the Standing Committee for Youth Justice, which made a compelling case as the Criminal Justice and Courts Act 2015 passed through Parliament—it restates it here: that mandatory minimum sentences for children do not necessarily act as a deterrent, do not necessarily rehabilitate children who are caught with knives and do not ensure that the public are protected, as opposed to when the judiciary has full discretion.
The Children’s Commissioner said in evidence:
“I want to have a system that can respond to individuals, so my instinct is not to go down the mandatory minimum sentences route but to look at individual cases.”––[Official Report, Offensive Weapons Public Bill Committee, 19 July 2018; c. 90, Q223.]
I fully acknowledge that during that same evidence session we heard from the Victims’ Commissioner, who said:
“I have to say that victims tell me they want mandatory; only then will it be effective.”––[Official Report, Offensive Weapons Public Bill Committee, 19 July 2018; c. 91, Q223.]
Of course, it is understandable that victims and the public at large should want to see people who commit, or intend to commit, abhorrent criminal offences sent to prison for a reasonable amount of time, but the ultimate objective of custody must be to reduce offending and keep the public more secure. To achieve that, we believe that we have to look at each individual case, especially when it involves children, and the judiciary should have full discretion to respond appropriately.
The Standing Committee for Youth Justice’s evidence is compelling in that regard. On the claim that custody acts as a deterrent, it contests that awareness of second sentencing among children is perceived by frontline practitioners to be low. There are many children in and around the criminal justice system who we would not expect to make rational choices, in the economic, behavioural sense of the word.
As well as that, children carry knives and weapons for numerous and complex reasons, often because of the perception that it is necessary for self-protection. Punitive measures, particularly custodial measures, are unlikely to act as a deterrent, even if the child is aware of the punishment and able to act rationally. In other words, for those children who fear for their safety and their lives, carrying a knife or corrosive substances may be seen as the rational course of action, and the threat they are facing—perceived or real—will be more significant than the threat of a custodial sentence. Research on deterrents has consistently supported that, with studies finding little or no evidence that sentence severity or the threat of custody acts as a deterrent to crime for children.
The statistics on knife-crime offences also support that evidence. Since the introduction of mandatory minimum custodial sentencing in 2015, the number of children convicted of possession or threatening offences involving bladed articles or offences weapons has risen.
I want to add to the sensible speech my hon. Friend is making. In the all-party parliamentary group on knife crime, our first meeting was with about 15 young offenders who had been in prison for knife offences. We had a conversation with them about whether prison was a deterrent or not. Some of them said, shockingly, that going to prison was a relief, because it was a break from the streets. They could keep out of trouble and be fed. They were in a secure institution. Their lived experience was so tough that being in prison was not the worst thing in the world, so I endorse everything she is saying about it not necessarily being a deterrent.
Sarah Jones
Main Page: Sarah Jones (Labour - Croydon West)Department Debates - View all Sarah Jones's debates with the Home Office
(6 years ago)
Commons ChamberI support my right hon. Friend’s new clause. I visited a Co-op shop in Croydon recently. The manager there had had a knife pulled on him. There had been several occasions in recent times when incidents had occurred but the police had not come, because the incidents were not deemed important enough. Those shop workers were having to deal with all kinds of incidents. They feel a lack of protection, and they support what my right hon. Friend is trying to do.
My new clause would give added protection, but more importantly, it would show retail staff on the frontline that we are on their side, backing them up and giving them the support they need.
The British Retail Consortium and the Association of Convenience Stores have identified violence to staff as the most significant risk in the sector. The National Federation of Retail Newsagents has published research showing that there are 2,300 incidents daily among its members. The Association of Convenience Stores has said that enforcing the law on age-restricted sales is one of the biggest triggers of abuse against people working in convenience stores. The British Retail Consortium has said that age verification checks are one of the key triggers for attacks. USDAW has said that shop workers are on the frontline of helping to keep our community safe, so their role should be valued and they deserve our respect. The Co-op and police and crime commissioners such as Paddy Tipping in Nottingham have said the same.
If the Minister can agree to this new clause or take it away and look at the general principle with the National Police Chiefs Council, she will be standing shoulder to shoulder with every member of staff who is upholding the law. She will be saying that she is with them and protecting them. She should do the right thing. The 15,000 members of the National Federation of Retail Newsagents want this new clause. The British Retail Consortium, representing 70% of retail trade, wants this new clause. The Association of Convenience Stores, representing 33,000 stores, wants this. The Co-op group wants it. The Co-op party wants it, and the USDAW trade union wants it. It seems that the only person who does not is the Minister. I know that she is concerned about this issue. I ask her to reflect upon it, to support this new clause and to work with those bodies to come to a solution that protects retail staff who are enforcing the legislation that this House has enacted.
I want to focus on new clause 6 as well. Although we all know how falling police numbers are impacting on crime in our communities, we also need to look at other things, including cuts to children’s services. I have heard directly from parents who are most affected by social workers no longer having the time to build proper relationships with families, or not having had the right training so they do not recognise when a child is being groomed by criminals in a gang and instead blame the family and criminalise the child.
I am happy to see that this issue is being dealt with through training, as recognised in the new protocol against criminalising children this month. However, I am concerned, yet again, about whether any additional resources will be available to fund the big programme of training we desperately need and to monitor its implementation. The fact is that when public services are underfunded, that makes it easier for the county lines gangs to exploit local children, and that exploitation breeds violence. I seek further measures that would ensure that the police and courts focus on the true perpetrators of county lines violence—those who control the gangs and reap the profits. The Minister talked about the reported arrest of 500 groomed children or young adults, but, with all due respect, that will not change the nature of the county lines infiltration into our communities. Only by arresting the groomers—those who are reaping the massive financial rewards at the top of the tree—will the game be changed.
We need to support youth workers who prevent grooming and violence by working with children of all ages, all year round. We need training for every professional who works with young people, from the police to social workers to teachers, so that they understand the threat of gang grooming and the tactics that groomers use. We need a third-party reporting system that young people will actually use; they will not do so at the moment because they believe that the police can get information without anyone being put in danger. We have to make public authorities responsible for protecting people who are at risk because they have done the bravest of things and given information to the authorities. We need to support them and their families with a path to a secure future. We need to take stronger action against incitement online. We need to support communities after the trauma of a young death.
This Bill is a start, but it ain’t the panacea that my community so desperately needs. We need further legislation from this Government to tackle the real issues that are afflicting our communities.
I rise to speak in support of new clause 6. I was pleased to serve on the Public Bill Committee, and I am glad to see the Bill finally coming back to the Floor of the House. My hon. Friend the Member for Gedling (Vernon Coaker) spoke passionately about why new clause 6 is so important. Simply put, it says that the Secretary of State must lay a report before Parliament on the causes of youth violence with offensive weapons. We are trying to fix a problem, and we have to understand what that problem is before we can fix it.
I want to make two points. The first is about data. We do not know where the people who commit these offences get their knives from. We do not know at what exact time of day these knife crimes are committed, although we have some evidence. We do not know how many people are involved in gangs who commit knife offences. That is really important, because a very small number—somewhere between 3% and 25%, depending on what we measure—of people who commit knife offences are in gangs. There is a lot that we do not understand about what is going on in this situation that we are trying to fix.
The second important part of the new clause relates to evidence. There is a growing consensus that there is an epidemic of violence—the Secretary of State has said it, and the Minister said it today. It is spreading out across the country. Violence breeds violence. There is evidence that can fix this growing national problem. We know from what has worked in other areas how effective interventions can be when they are evidence-based. I think of my friend, Tessa Jowell, whose memorial service you and I attended recently, Mr Speaker. Her interventions in introducing Sure Start and the teenage pregnancy reduction strategy were evidence-based and had a real impact. That is what we need to seek to do.
My final point is that when we look at the evidence, we need to look at the increasing number of children who are being excluded and finding themselves lost to the system. If we are trying to fix this national problem, why on earth would anyone want to vote against this new clause?
I thank all Members for a most interesting and informative debate. I want to clarify a point made by the hon. Member for Belfast East (Gavin Robinson) about the applicability of measures on corrosive substances in Northern Ireland. Those measures are within scope for Northern Ireland. It is possible for them to extend to Northern Ireland, and I will ask officials to look into that with their Northern Irish colleagues.
I thank the right hon. Member for East Ham (Stephen Timms) for his contribution on new clause 23. Anyone who sells or hires, offers for sale or hire, exposes or has in his possession for the purpose of sale or hire anything contained in the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 is guilty of an offence. That applies to not only people but bodies corporate. Where the user of a website places advertisements for anything contained in the order on that website, the website service provider may be able to rely on the defence under regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002. Whether regulation 19 applies will depend on the facts of the case. There may well be jurisdictional issues if the service provider is based overseas. Regulation 19 does not apply where the provider of the website is offering the items for sale directly and where the provider had actual knowledge of the unlawful activity. We therefore consider that the provider of a website who sells items on it directly would be likely to be caught under the wording of the legislation. Where the provider of the website is enabling advertisements to be placed by others, the defence under regulation 19 may be available. That is an awful lot of legalese, but this discussion is timely, as the Government prepare the online harms White Paper.
I turn to amendments 8, 9 and 10, tabled by the hon. Member for Sheffield Central (Paul Blomfield). Age verification checks cannot be done only at the point when the seller is processing the sale and preparing the item to be dispatched. Checks also need to be done when the item is handed to the purchaser. That is why we are stopping bladed products—namely, articles with a blade capable of causing serious injury—from being delivered to residential addresses. The amendments would undermine what the Bill is trying to achieve and seem to introduce some sort of validation scheme by the Government to enable certain online sellers—those awarded trusted seller status—to deliver bladed products to residential addresses. That goes against what the Bill seeks.
Sarah Jones
Main Page: Sarah Jones (Labour - Croydon West)Department Debates - View all Sarah Jones's debates with the Home Office
(5 years, 8 months ago)
Commons ChamberYes, and I thank my hon. Friend, who has been particularly persistent about locking away bladed products or sharp knives. We absolutely keep that point under review. We have had a good response from the retail industry thus far, but we will of course keep the pressure up, and I am extremely grateful to him for his contribution to that.
Liability under our amendments in lieu attaches only to companies that enter into arrangements to deliver bladed products. A delivery company could choose simply not to do so. Our amendments therefore provide the flexibility that the hon. Member for Sheffield South East described, so that if a seller does not enter into an arrangement with a delivery company, the provisions in the Bill that prohibit delivery to residential premises of a bladed product will still apply. A seller in those circumstances will not be able to send a bladed product to residential premises and the product will have to be collected in person at a collection point, which at least gives small and medium-sized businesses the choice over how to conduct their business. We believe that these amendments will help to address the concern behind the Bill and achieve the aim of stopping young people and those under 18 having access to these products through online sales when they should not have such access. I very much hope that our amendment will meet the approval of the House.
Let me turn to knife crime prevention orders. It is vital that the police have the powers they need to prevent knife crime and to protect the public from the devastating effects of violent crime on our streets. It is frankly already too late when we prosecute young people for knife crime. If measures are available that might help to steer children and young people away from carrying or using a knife, we should not hesitate to put them in place. That is why the Government have introduced, in short order, knife crime prevention orders in the Bill. The police made that request of us at the very end of the summer last year, and we were pleased to insert the provision into the Bill in the House of Lords. These are civil orders aimed at young people at risk of engaging in knife crime, people whom the police call habitual knife carriers of any age and those who have been convicted of a violent offence or an offence involving knives.
Will the Minister confirm that although these are civil orders, if they are breached they become criminal, and that 12-year-old children could end up in prison for two years? Will she also confirm that not a single organisation, from the magistrates and local government to charities, lawyers and anybody involved in youth offending teams, supports this change? They all think that we are acting too quickly and need to take more time looking at the implications before introducing it.
I am about to come to the framework for these orders, because I am conscious that in an ideal world we would have had the measure in the Bill when it was first laid before the House in the early summer last year. However, the police came to their view and alerted us to their thinking at the end of summer, and although we have frankly acted pretty quickly, we could not by definition have put the measure in the Bill before the police asked us to. We are doing this in response to the express wish of the police; in fact, the Mayor of London wrote to the Home Secretary in December asking that the orders be inserted in the Bill.
I do not know whether the hon. Lady has had a chance to speak to the Mayor of London, but the reason we are introducing these orders is that we want to try to help local communities to tackle knife crime. They are one measure. We do not pretend that they will solve all knife crime, but they are about preventing young people from getting ensnared in criminal gangs or getting into a situation where they think that carrying a knife will protect them. This is about trying to wrap services around those children before they become criminalised.
I know that concerns have been raised about the age at which the orders can be imposed. The orders apply from the age of 12 upwards because the police tell us that the age at which people carry knives is getting younger. We also know from hospital data that younger children are victims and perpetrators. That is why we have chosen that age. If we are serious about tackling knife crime on our streets, the measures that we take must apply to young people and children.
I am very grateful to the Minister for doing that, but I hope she will reflect on this.
I will be supporting the Labour amendments in the name of the hon. Member for Sheffield, Heeley (Louise Haigh) tonight, which are well tailored. The Labour proposal requiring this House to vote on a report on the evidence from the pilot is a good compromise; it is an example of this Parliament working together to make sure that what we do is evidence-based. The good thing the Minister could do if she goes down my route is proceed with my anti-blade contracts while those pilots are going on, because an anti-blade contract does not need to bother this legislature.
It is a pleasure to follow the right hon. Member for Kingston and Surbiton (Sir Edward Davey) and I agree with much of what he said. The hon. Member for Bexhill and Battle (Huw Merriman) put his finger on it when he said that these knife crime prevention orders are a roll of the dice. That is absolutely the point we all want to make, and while I completely disagree with the conclusion he has come to, this is what we are doing in this House: we are rolling a dice and there might be unintended consequences that we do not know yet. That is what I want to speak about today. I shall speak to the amendments I added my name to: 7, 9, 10, 12 and 23.
I chair the all-party group on knife crime, and yesterday we hosted an event on knife crime prevention orders. We heard evidence from the Magistrates Association, lawyers, academics, charities and youth offending teams who work with children and young people involved in knife crime. There was resounding agreement: they all want to stop knife crime and protect young people, but they all believe that these orders are not the answer. I think they are a knee-jerk reaction to a moral panic and they risk exacerbating, not diminishing, the problem. Lawyers, magistrates and youth offending teams are all in agreement that, far from being preventive, as the name of the orders suggests, the orders will have unintended consequences that could criminalise a generation of young people and actively work against the Government’s stated aim of reducing knife crime.
This final stage of the Offensive Weapons Bill is the first opportunity MPs have had to have our say on whether or not these orders should become law. This is indicative of the Government’s approach of late: rushing through ill-thought-out plans so they can appear to be doing something without actually listening or engaging with experts or allowing parliamentary scrutiny. No real consultation took place other than some rushed consultation within the police—although we heard yesterday that even the senior police representative for children and young people was not asked about these knife crime prevention orders.
As far as we can tell, the orders are the result of a few behind closed doors conversations between the Home Office and a few senior Met police. They have not comprehensively been thought out, and they were not a part of the Government’s own serious violence strategy. This is not the proper way for the Government to create laws, and it is an example of how bad, ineffective policy is created.
As we have heard, these are civil orders that would be placed on children as young as 12 who are suspected of carrying a knife. They could place severe, lengthy and potentially unlimited requirements and restrictions on the person subject to the order. If the requirements are not all met, a breach will be punishable by up to two years in prison. We have a situation in which somebody—a child—who may never have carried a knife and never have broken the law will end up with a criminal record and potentially a prison sentence for an order placed on them just on the basis of probability, rather than a criminal standard of proof. This leaves room for subjective decisions being made and for many young people to feel unfairly targeted.
The Government should be seeking to draw people away from the criminal justice system, not pushing children into it. And for solutions to be effective, they need to target the underlying cause of the behaviour. Sending children to custody does not work and is not an appropriate or proportionate response. Vulnerable young people must have access to education and employment so that they have routes away from drug gangs and the like. Criminal records and other criminal sanctions will disrupt lives and further marginalise young people, locking them out of mainstream society and exacerbating the root causes of violence. Children and young people have told our all-party parliamentary group many times that many are picking up knives out of fear. They feel that it is a necessary form of self-protection because everyone else has one and the police are not there to help them. Knife crime prevention orders will not deter children from picking up knives. They would rather be in prison for carrying a knife than be stabbed to death.
Another thing that was clear from our meeting yesterday was that the orders are neither necessary nor new. Magistrates and lawyers who are involved in children’s sentences have not called for more sentencing options. There are already intervention options available that could be promoted and developed. Many youth offending teams have programmes to address knife carrying, and if they had the money to do more outreach, they could help more children in this way. Conditional cautions can place requirements on children and young people, such as having to see their youth offending team and attend education programmes. These have lower reoffending rates than other more punitive responses, and they deal with behaviour outside the court system. Likewise, there is the triage system, where a young person who is arrested in a police station can be directed to appropriate intervention without being unnecessarily over-criminalised.
The similarities between knife crime prevention orders and the old antisocial behaviour orders are clear. The author of the Youth Justice Board report on ASBOs told us yesterday that they were disproportionately used on children and that they were breached in over two thirds of those cases. The use of ASBOs petered out over time because the courts and other agencies became increasingly concerned that they were counterproductive. Children had come to view them almost as a badge of honour and to define their identity around them. ASBOs were actually encouraging the behaviour they were designed to discourage. Over a nine-year period, more than 5,500 children were sent to prison for breaching their order. The bottom line was that they were not effective, because the kids kept coming back.
A number of other concerns have highlighted how little time has been given to the detail of these orders. Who will monitor them? Who will be responsible for reporting breaches? It seems that charities running programmes with young people would be expected to tell on their young people if they did not turn up. That would betray all the trust those organisations had carefully built up and would undoubtedly affect engagement. If the orders are imposed on the basis of probability, will not the victims of crime be more resistant to going to the police in case they get an order slapped on them, too? If school exclusions are already a big problem and a driver of young people becoming involved in violence, what impact do the Government expect the orders to have on access to education? A school will not want to take on a child who has been issued with a knife crime prevention order.
Finally, young black boys are already disproportionately represented in the criminal justice system, and there are real problems with trust and community relationships with the police. The imposition of restrictive orders such as these, especially when someone is only suspected of carrying a knife, will feed into those young boys feeling disproportionately targeted or harassed by police, their feelings of marginalisation and alienation, and their feeling that they are being treated less fairly than others by the justice system. This will be a major setback.
In 2010, the then Home Secretary, the right hon. Member for Maidenhead (Mrs May), described ASBOs as a
“top-down, bureaucratic, gimmick-laden approach”.
She said that they were
“too complex and bureaucratic…they were too time consuming and expensive and they too often criminalised young people unnecessarily, acting as a conveyor belt to serious crime and prison.”
The Government should listen to that now. They should also listen to the wide coalition of professional bodies and organisations that have come out against these orders. They should listen to concerns raised by the Joint Committee on Human Rights and to the Justice Secretary himself, who has highlighted a lack of evidence that the orders will be effective. They should also look at the evidence of what works to tackle violent crime. They should consult, and they should work out the actual impact of the policy before imposing it.