(7 years, 8 months ago)
Commons ChamberI very much welcome this question from my hon. Friend, who is chairman of the all-party parliamentary group on retail crime, which recently launched a report on this very subject. I can assure him that we take retail crime very seriously. I am co-chair of the National Retail Crime Steering Group with the British Retail Consortium, which brings together retailers and the police to understand the challenge and take effective action.
I thank the Minister for her reply, but she will be aware of growing concern among retailers about levels of both physical and verbal abuse. Will she do something to ensure that police across the country prioritise this issue sufficiently? Retailers are worried that different areas receive a different response from the different forces.
Let us be absolutely clear: violence or verbal abuse of any kind is simply not acceptable for any workforce in our country. I shall take this issue forward through the national steering group, and will draw particularly on the very effective work that has been done between the police and forecourt retailers, where we put in place measures that are really improving police response around the country.
On that very point, the Minister will know that as well as seeing an increase of crime carried out on shop workers, we have also seen under-reporting of that crime. Will she urge businesses to encourage their employees to support the campaign of the Union of Shop, Distributive and Allied Workers on freedom from fear and indeed to report these crimes?
The right hon. Gentleman makes an incredibly important point, and we very much work alongside USDAW on the national steering group that I mentioned. I absolutely back up his call that everybody should report crime. There are some excellent initiatives in town centres all over the country through which businesses and the police are working well together to ensure that such an increase in reporting happens.
Mrs Newton indeed, Mr Speaker.
We introduced the new offence of controlling and coercive behaviour to shift the focus of the criminal justice system from single incidents to identifying and addressing patterns of abuse. The Home Secretary will chair a working group to drive change in how we think about and tackle domestic abuse, and this will include closely monitoring the implementation of this new offence.
I thank the Minister for her answer, but existing police powers to remove perpetrators of domestic violence from a property are tremendously under-used, largely because costs and cuts in police funding have made the situation worse. What is the Minister going to do to help protect women affected by domestic violence?
This new offence was brought in right at the end of 2015, so the Office for National Statistics will not report on the level of uptake of the new police powers until later this spring. From my conversations with the police up and down the length and breadth of the country, I know that they are making very good use of the new powers.
My hon. Friend is quite right to talk about stalking, which can be a truly devastating crime. This Government are placing an absolute priority on keeping women and girls safe across our country through extra resources, extra training and new forces so that they can go after the perpetrators of these terrible and devastating crimes.
The Opposition welcome the introduction of this legislation—it was, after all, Labour party policy—but when are the Government going to put their money where their mouth is on domestic violence? We know that local authority spending cuts have severely impacted on specialist domestic abuse services, which has meant cuts and closures. Women and children are being turned away daily at the point of need. Data from the Women’s Aid annual survey showed that on just one day in 2015, 92 women and 75 children were turned away from a refuge. When are the Government going to address the financial pressures on women’s refuges?
This Government have done more than any other to keep women and children in our country safe. It is very disappointing when the right hon. Lady takes a partisan approach to something that should unite the House rather than dividing it. As she knows, we have committed £20 million to refuges, and we have an £80 million transformation fund. Grassroots organisations throughout the country are benefiting from our record level of investment in services to keep women and children safe.
It is very disappointing that the Minister is not prepared to accept that, as a result of local government cuts, services are being reduced and refuges are closing. As for the question of resources, Her Majesty’s inspectorate of constabulary recently flagged up failings on the part of the police when they were dealing with the most vulnerable victims. In at least two forces, domestic abuse risk assessments were being conducted over the telephone. This is a consequence of trying to deal with increasing levels of demand with few resources, and if the Government are serious about combating domestic violence, they must make those resources available.
I very much welcome HMIC’s work in inspecting the police response to domestic abuse and violence. It is making excellent progress, as we saw in the police effectiveness, efficiency and legitimacy programme—PEEL—reports last week. However, the right hon. Lady is right to point out that some force areas have more work to do. That is why we are helping the College of Policing to ensure that training is available, and why we are investing record amounts in the police transformation fund, which is enabling more organisations to provide the services that women and girls all over the country deserve.
Coercion and controlling behaviour take different forms. Will the Minister undertake to extend the legislation to the postal voting regime? At every election, the votes of thousands of women are stolen through abuse of the postal voting system during so-called community voting, largely in the Bangladeshi and Pakistani communities. That is not acceptable, and the Government need to act now.
My hon. Friend has raised an incredibly important issue. What could be more important than people’s fundamental right to express their opinions at the ballot box, and to elect representatives to town councils and the House of Commons? We shall be taking a very close look at what more we can do to use those powers, and any others, to ensure that everyone has the opportunity to vote.
Does the Home Secretary really believe that the 45 days of support for suspected victims of trafficking is adequate, given that the organisations working at the coalface of the problem, such as the Human Trafficking Foundation, the Salvation Army, the Anti-Trafficking Monitoring Group, the Snowdrop Project, City Hearts and ECPAT, all say that it is completely unrealistic to expect to deal with the immigration, psychological, economic and housing issues that these vulnerable individuals are experiencing in 45 days? All those organisations also agree that this lethal combination is exposing victims to the real possibility of being re-trafficked.
I think that it is important to remember that the Prime Minister has led a global challenge to crack down on slavery. We now have some of the best anti-trafficking legislation in the world, and really excellent protection for victims. What the hon. Lady said is not actually correct, because the average time that people receive through the national referral mechanism is 90 days. We are working on reforms to the system to ensure that it is absolutely the best in the world.
(7 years, 9 months ago)
Commons ChamberI thought I might assist the House by rising at this stage of the debate to explain Government amendments 1 to 17 and to address the valid concerns raised by my hon. Friend the Member for Shipley (Philip Davies).
I very much welcome the opportunity to discuss the Bill on Report and to continue to work with the hon. Member for Banff and Buchan (Dr Whiteford) on this important issue. As the Prime Minister made absolutely clear at Prime Minister questions on Wednesday, the Government share the hon. Lady’s commitment to ensuring that the UK ratifies the Istanbul convention.
We signed the convention in 2012 to signal our aim that everyone, men and women, should live a life free from violence. The convention’s key priorities already align with those of the UK. They are to continue to increase reporting, prosecutions and convictions, and, ultimately, to prevent these crimes from happening in the first place. The UK already complies with or goes further than the convention requires, including by delivering against its practical requirements such as ensuring the provision of helplines, referral centres and appropriate shelters for victims, as well as by meeting its requirement to ensure we have robust legislation in place. However, before we are fully compliant with the convention, there remains one outstanding issue in relation to extraterritorial jurisdiction that we need to address.
The UK already exercises ETJ over a number of serious offences, including forced marriage, female genital mutilation and sexual offences against children. However, there are some violence against women and girls offences over which we do not yet have ETJ, and primary legislation is required to introduce it. I am working closely with my colleagues in the Ministry of Justice to progress this issue and, as the Prime Minister has signalled, we will explore all options for bringing the necessary legislation forward.
I made it clear in Committee that the Government fully support the principles that underpin the Bill. The hon. Member for Banff and Buchan is seeking to ensure that we deliver on our commitment to ratify the convention, and I thoroughly commend that aim. However, as I indicated in Committee, some amendments are necessary to ensure that the Bill achieves that aim. I shall set out the rationale behind the Government amendments.
Government amendment 1 would remove clause 1, but I should make it absolutely clear that we fully support the motivation behind the clause, which would require the Government to take all reasonable steps required to ratify the convention as soon as reasonably practicable. As I have set out, though, both we and the devolved Administrations need to legislate to introduce ETJ before we can ratify the convention. Members will appreciate that that this means there is a danger the clause could be interpreted as imposing a duty on the Government to legislate; indeed, it could be interpreted as pre-empting the will of Parliament. I assure Members that we support the intention behind the clause, and the requirements in the remainder of the Bill will ensure that we deliver on its aims. I am absolutely clear that seeking to remove the clause in no way changes our absolute commitment to ratifying the convention.
Clause 2 would require the Government to lay a report setting out next steps to be taken to enable the UK to ratify, and the expected date for that, within four weeks of the Bill receiving Royal Assent. As I outlined in Committee, we fully support the motivation behind the clause but, as we need to legislate on ETJ before ratification, we need to ensure appropriate flexibility for the timing within which we need to lay the report. Such flexibility is also necessary because Northern Ireland and Scotland will need to legislate on ETJ. Amendment 2 would therefore replace the words “date by” with “timescale within”, and amendment 3 would replace the four-week timeframe with
“as soon as reasonably practicable after this Act comes into force”.
Clause 3(1 )(e) would require the Government to lay annual reports on the measures taken to ensure that the UK remains compliant with the convention post-ratification. As with other Council of Europe treaties, once the UK has ratified the convention we will be required to submit regular compliance reports to the Council of Europe. Those reports will include detail on the policy and strategies in place to tackle VAWG and on the role of civil society organisations, particularly women’s non-governmental organisations, as well as data on prosecutions and convictions. The reports will be scrutinised by GREVIO, the independent expert body responsible for monitoring the implementation of the convention. Based on the information received, GREVIO will prepare a final public report with recommendations. In addition, a selected panel of GREVIO members may visit the UK to carry out further assessment of the arrangements in place. I wish to confirm that, once we have ratified the convention, additional members of GREVIO will be appointed, and it will be possible for the UK to have representatives on GREVIO.
As Members will appreciate, we want to avoid duplicating our existing reporting requirements. Amendment 14 therefore removes paragraph (e) of clause 3(1). However, I hope that Members are reassured to hear that, after we ratify, there will be rigorous oversight to ensure that we continue to remain compliant with all the measures in the convention. Clause 4(2) would ensure that the provisions in the Bill come into force a day after Royal Assent. Amendment 15 reflects the usual two-month convention for any Bill receiving Royal Assent. I wish to reassure Members that this will not affect the timescale for any of the measures proposed in the Bill.
The remaining amendments 4 to 7, 9 to 13 and 16 and 17 are consequential on the Government amendments, and are technical to ensure that the Bill reflects usual drafting conventions.
In respect of amendment 16, the explanatory notes say:
“This amendment is consequential on amendment 7.”
Will the Minister please explain exactly how the amendment is consequential on amendment 7?
It is related to the fact that we have already accepted everything that is within the convention, and that it is just a matter of verification. The details of what this House has agreed to have been set out very clearly. There is cross-party and cross-country support for every aspect of the convention.
I have made my point very clearly. I really want to respect the wishes of Mr Speaker, who has made it very clear to everyone that he is very keen to ensure that today, as on all days, Back Benchers have as much time as necessary to make their cases. I have very thoroughly addressed the issues raised in the amendments by my colleagues. I will now press on in the time that I have available.
I really want to emphasise that ending violence against women and girls is a top priority of this Government. Since publishing the original “A Call to End Violence Against Women and Girls” strategy in 2010, we have made great strides. In the past four years, we have strengthened the legislative framework and introduced a range of new measures including new offences on domestic abuse, forced marriage and stalking; tools such as domestic violence and FGM protection orders; and a range of guidance and support for professionals. Of course we know that there is more to do. I assure the House that we remain committed to driving forward at pace work to tackle violence against women and girls. That is why we recently announced the “Tackling child sexual exploitation: progress report” supported by a £40 million package of measures to protect children and young people from sexual abuse, exploitation and trafficking, and to crack down on offenders.
Last week, the Prime Minister announced plans for a major new programme of work to transform the way we think about and tackle domestic abuse. That is being led by the Home Secretary and the Justice Secretary and it will look at all legislative and non-legislative options for improving support for victims, especially in terms of how the law and legal procedures currently work. It will work towards bringing forward a domestic violence and abuse Act, and the measures that come out of the work will raise public awareness of the problem as well as encouraging victims to report their abusers and see them brought to justice. The £15 million Home Office VAWG transformation fund is currently open for bids further to support local areas in promoting and embedding best practice.
I wish to turn my attention to the issues raised by the other amendments in this group. My hon. Friend the Member for Shipley has spoken about the importance of recognising that men and boys can also be victims of these crimes—he has spoken about that both on Second Reading and in many other parliamentary debates on VAWG and related issues.
This is an extraordinary occasion. We are discussing a Bill, the long title of which—as put down on 29 June last year—was:
“To require the United Kingdom to ratify the…Istanbul Convention.”
We have just heard the promoter of the Bill explaining why she now wishes that long title effectively not to require the United Kingdom to ratify the Istanbul convention. I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on the charming way in which she has been able to explain a complete volte-face in her approach to this important subject.
The Minister has spelt out all the wonderfully effective and good measures that the Government have introduced to address the really serious issues of violence against women and domestic violence. I commend her and the Government for the work they have already done and the work they will do. However, she has not addressed the questions implicit in the amendments I have tabled as to whether, when the Government ratify the convention, they will do so with any reservations. We have not had an answer to that. I would be grateful if the Minister would intervene to assure me that when the ratification occurs, it will be without any reservations.
I have made the position very clear: we have already signed the convention, so all we are looking to do now is to ratify it.
I appreciate the opportunity for further clarification. We have signed the convention without any reservations.
I am grateful to my hon. Friend for allowing me to intervene to address amendment 4—he is quite right that I did not address it in my few words. The replacement of “Her Majesty’s Government” with “the Secretary of State” is to ensure that the Bill reflects the usual drafting conventions. In no way does it alter the overall responsibilities of the Government.
I hear what my hon. Friend says, and I am grateful to her for that intervention. I am sure that others will be able to check out the issue to see whether it will need further discussion when the Bill gets to the other place. However, having said that, and in light of her intervention, I am not going to speak to the new clauses and amendments that I have tabled, because I get the feeling that the House would like to move on to debate other issues.
(7 years, 9 months ago)
Public Bill CommitteesIt is a great pleasure to serve under your chairmanship, Mrs Main. May I start by thanking very sincerely Members from all parts of the House who are here today? I really appreciate people giving up time on such a busy day, when weighty matters are being debated in the main Chamber. However, this is a weighty matter too. Violence against women, as I said on Second Reading, is the most pervasive and widespread human rights abuse in the world today, and it affects women in every community represented in this place.
The Council of Europe convention on preventing and combating violence against women and domestic violence is a groundbreaking legal instrument that enables a step change in the response to gender-based violence at a local, national and international level. The UK was actively involved in shaping the Istanbul convention, as it is more commonly known, and continues to express support for the convention. However, more than four and a half years after signing it, the UK has yet to ratify the treaty.
The Bill is an attempt to unblock that stalled process and to give it some impetus and urgency. It is an attempt to ensure that the UK’s verbal commitments to the Istanbul convention are backed up by action and to strengthen parliamentary scrutiny and accountability, so that preventing and combating violence against women can never again be filed in a bottom drawer marked “Too difficult” or “Not important enough”.
Before I address specific clauses, I want to put on the record my thanks to the Minister and her colleagues for the constructive way in which she has engaged with me in discussions on the detail of the Bill and to acknowledge her personal commitment to making progress. I also thank the hon. Member for Rotherham, whose helpful insights and suggestions on how to reach our shared objectives have been invaluable. I know that all hon. Members present are committed to tackling the violence and abuse that blight so many women’s lives, and recognise that the Istanbul convention is the best vehicle to drive positive change.
On Second Reading, the Government signalled support for the Bill’s principles but indicated that they would seek to amend aspects of it at subsequent stages. There are no amendments before us, but I am sure the Minister will take this opportunity to set out the Government’s intentions on Report. I am grateful to her for the dialogue we have had on the amendments she intends to table.
Clause 1 places a duty on the Government to take “all reasonable steps” to ratify the Istanbul convention
“as soon as reasonably practicable”.
In other words, the intention behind the clause is to focus the Government’s energy on getting the Istanbul convention off the back burner and on to the statute book. We have had many verbal commitments to the Istanbul convention over recent years and some important legislative progress towards compliance, but there has been a long hiatus that needs to be overcome.
Clause 2 emphasises the need for a clear timescale and an accountable process. Given the long delay in ratification, it should be obvious why a timetable against which progress can be measured and improved opportunities for parliamentary scrutiny are desirable. The key thing is to agree on a realistic timetable and stick to it. I fully appreciate that compliance with the Istanbul convention requires the engagement of a range of actors, not all of whom necessarily attach the same priority to preventing and combating violence against women as we do here. I do not think any of us want to see this kicked into the long grass yet again, so we need to set out a realistic timescale.
Clause 3, which concerns reporting, will strengthen the opportunities for parliamentarians to scrutinise the implementation of the Istanbul convention. The convention’s great strength is that it provides a framework for ongoing improvements in policy and practice, but for those improvements to work optimally, policy makers need to engage with the process. Reporting mechanisms are an integral part of the convention, of course, but in my view they are an insufficient vehicle for parliamentary scrutiny. We all know that, too often, reports are simply laid in the Library and become stoor gaitherers; they gather dust and are easily forgotten or ignored. Clause 3 will ensure that, in the run-up to ratification, Ministers have the opportunity to update Parliament directly on progress, keeping the issue at the forefront of public attention.
I know that the Government are keen not to duplicate reporting on the Istanbul convention, but I hope that today the Minister will put on the record her commitment to putting annual progress reports before Parliament, before and hopefully after ratification. Will she commit to making an oral statement on progress? I believe that that would be a very significant step for the visibility of the issues surrounding gender-based violence—issues that have been swept under the carpet for so long, out of sight and out of mind. I hope that she will also set out in detail the areas in which she believes the UK will need to introduce new legislation or change existing legislation to comply with the convention.
Clause 3 alludes to the fact that a number of policy areas that relate to the implementation of the convention fall within areas of devolved competence in Scotland and Northern Ireland. I know from my dialogue with the devolved Administrations that there is genuine cross-party support throughout these islands for the Istanbul convention, but for the UK to be fully compliant, primary legislation and/or legislative consent will be required in a number of areas. May I ask whether the Minister has opened discussions with the devolved Administrations on the steps towards ratification? Will she update us on her progress?
Clause 4 is simply a technical clause that sets out the short title, commencement and extent of the Bill.
I have not rehearsed the arguments that I made on Second Reading, but I want to say in closing that the Istanbul convention can make a profound difference to women’s lives and I hope that the Government will pursue ratification with all due haste.
It is a great pleasure to serve under your chairmanship this afternoon, Mrs Main. I welcome the tone and spirit with which my hon. Friend the Member for Banff and Buchan opened this debate, and the opportunity to continue our work together. I am grateful to all hon. Members who have given up their time this afternoon; it is a pivotal day in Parliament, not just because we are talking about this very important Bill, but because of the debate in the Chamber, and I am grateful to those who have prioritised being in this Committee Room. It underlines the cross-party support for what we are doing.
We remain absolutely committed to ratifying the Istanbul convention. Combating violence against women and girls remains a top priority for the Government; the Prime Minister has made that absolutely clear, as have the Home Secretary and I. Since we signed the convention in 2012, the UK has made significant progress towards ratification. In most respects, we are already compliant with the convention’s requirements or we go further than them. We have put a range of measures in place to tackle VAWG—violence against women and girls—including criminalising forced marriage; allowing women to request information on their partner’s criminal history; introducing new laws on stalking and female genital mutilation; rolling out domestic violence protection orders; and introducing new domestic abuse offences.
We know that there is more to do. Last March, we published our new cross-Government VAWG strategy, which sets out our ambition that by the end of this Parliament no victim of abuse will be turned away from the support they need. To support that, we have increased funding, pledging £80 million through to 2020. We recently published a national statement of expectations, to set out what local commissioners need to put in place to ensure that their response to VAWG is effective; new guidance on domestic homicide reviews; and a new domestic abuse statistical tool and data set. We have announced our intention to introduce a new stalking protection order.
We are making progress, but before we ratify the convention we must ensure that the UK is fully compliant with it. There remains just one outstanding issue relating to extraterritorial jurisdiction, which I will call ETJ today for the purposes of brevity, that we have to address. Article 44 requires that all signatories take the necessary legislative measures to establish ETJ over any offence established in accordance with the convention. The UK already exercises ETJ in relation to many serious offences, including forced marriage, FGM and sexual offences against children. However, there are some VAWG offences to which it does not yet apply. Introducing ETJ for the remaining offences requires primary legislation and, as my colleagues at the Ministry of Justice have highlighted to Parliament, the Government will seek to legislate as soon as time allows.
In addition, Northern Ireland and Scotland also need to legislate on ETJ. We therefore need to allow sufficient time for their respective Governments to do that. We realise the importance of getting on with this matter. We liaise regularly with the devolved Administrations on VAWG and I have been in touch with my counterparts about the Bill. MOJ officials have also had informal contact with their counterparts about the ETJ requirements of article 44 and we will continue to liaise closely with the devolved Administrations on this issue. I am sure that all hon. Members know that, at the moment, that is quite challenging for Northern Ireland, given the situation there, but that does not diminish our commitment. Nevertheless, it means that we must be realistic about the amount of time that we need to spend on this issue.
On Second Reading, the Minister for Policing and the Fire Service made it clear that the Government supported the Bill in principle but that further consideration of the detail was needed. We have now had time to consider the Bill in detail and our intention is to propose amendments on Report. I would like to take this opportunity to set out the direction of, and rationale behind, those amendments.
Clause 1 would require the Government to take “all reasonable steps” necessary to ratify the convention
“as soon as reasonably practicable”.
The Government fully support the aim behind the clause, which is to ensure that we deliver on our commitment to ratify the convention. However, as Members will appreciate, because one of the steps that we and the devolved Administrations need to take will require primary legislation to introduce ETJ, there is a danger that the clause could be interpreted as imposing a duty on the Government to legislate. In effect, that would pre-empt the will of Parliament. Much as the Government always want to get our own way in Parliament, we cannot take that for granted. We must acknowledge the democratic processes that need to happen in Parliament.
Therefore, we will table an amendment to remove clause 1, while ensuring that the spirit behind it is captured by the remaining clauses. Once again, I would like to put on the record the Government’s commitment to ratifying the convention. The proposed removal of the clause does not change that in any way, shape or form.
I apologise if this is a stupid question, but I would be grateful for the Minister’s answer to it. I understand what she says about the will of Parliament. However, if this legislation were passed with the wording in the Bill, as tabled, would that not mean Parliament had expressed its will?
I have discussed this matter a great deal with the hon. Member for Banff and Buchan, who is promoting the Bill, and taken a lot of advice from expert parliamentary draftsmen. We just want to make sure that there is absolutely no confusion in what we are attempting to do. When the hon. Member for Stretford and Urmston has the opportunity to read the amendments—of course, there will be further opportunities to discuss the Bill on Report—I think she will see that in no way, shape or form are we diminishing the commitment that the Bill seeks to place on the Government to ratify the convention. We have been crystal clear: we want to ratify the convention. It is just a question of using the appropriate language to make sure that we put the matter beyond doubt.
We fully support the requirements of clause 2. It would introduce a requirement on the Government to lay a report, setting out the steps to be taken to enable the UK to ratify the convention and the timescale for doing that. However, we have concerns about the four-week timescale. The Committee will recognise the need to ensure that a more proportionate timeframe is in place, given that in order to set out when we intend to ratify, we need to be clear about the likely timescales for putting in place the necessary legislation on ETJ. We need a proper amount of time to have our discussions with the devolved Administrations so that we can give a realistic timeframe.
Although not only I but most Members can fully appreciate some of the difficulties, in particular to do with the devolved Administrations, does my hon. Friend agree that women who are denied justice and help do not have time? They are living with the injustices that are committed against them, often by the hour. Does my hon. Friend agree that we need to up the game and put some timescales into the process so that we can ratify the convention as soon as possible?
As I said at the beginning, we already comply with or exceed the vast majority—in fact every aspect—of the convention. My hon. Friend is quite right, and one victim is one victim too many, but the UK is already meeting its obligations.
This is a question of those crimes for which we need extraterritorial jurisdiction in order to be fully compliant. It is quite right that when we sign up to something as a nation we deliver and we are working very hard to make sure we are 100% compliant before we move to ratification. That should not be interpreted in any way, shape or form as our not being utterly determined to work at pace to tackle all forms of domestic abuse and violence against women and girls. My hon. Friend the Member for Calder Valley can be proud of his achievements and of what we have achieved in this Parliament, although we are not being at all complacent as we know there is more to do. By accepting this Bill, we will be doing exactly what my hon. Friend asks. We will be setting out what actions need to be taken. We will be setting out timeframes. Every year, we will come to Parliament to account for our actions, and that imposes tight timescales on us. We are first due to report on 1 November, which is only a matter of months away. I hope that my comments reassure my hon. Friend.
We are utterly determined to ratify this convention, and nobody should doubt that we will work very constructively. We will table amendments on Report, and, subject to their being accepted, we are keen to see this Bill pass.
It is a pleasure to serve under your chairship for the first time, Mrs Main. It is particularly poignant that you are assuring the safe passage of this Bill, which will protect everyone against gender-based violence.
I am particularly proud to support the work of my hon. Friend the Member for Banff and Buchan. Her approach is an example to us all. She focused on the issue and worked in a collaborative and cross-party manner to achieve this goal for everybody in this country. I know that the Minister is also of that mindset. The way that they have worked together should be commended, because what they are doing today and will do in the future—I hope, based on what the Minister said—is the very best of this Parliament. I thank them both for doing that and for giving me the opportunity to be part of the process.
I am very proud that a Labour Government led the original negotiations that resulted in the Istanbul convention, and that the Leader of the Opposition has confirmed that a Labour Government will ratify the convention. The Bill is important, as my hon. Friend the Member for Banff and Buchan said, because it seeks to ensure the ratification of the first international treaty on preventing and responding to gender-based violence. That landmark treaty gives all survivors of domestic abuse the right to access the specialist support services that my hon. Friend the Member for Calder Valley mentioned, which they need to live in safety and rebuild their lives.
As we have seen in the past two weeks, the international community’s role in holding Governments to higher standards and protecting all citizens is becoming more necessary. The convention and therefore the Bill will change the landscape locally, nationally and internationally on how we tackle and prevent violence against women and girls and support survivors. As my hon. Friend the Member for Banff and Buchan said, now is not the time to rehearse those arguments, but I hope that we will have a meaningful, well-attended debate on Report and that we will all be there to support the Minister as she tries to secure the Bill’s safe passage.
I am keen to get some further confirmation and clarification from the Minister on the issues that she raised. First, I understand her argument about clause 1, and I know that she has approached the Committee with good intentions. It is good to hear her state clearly on the record that the Government are committed to ratifying the Istanbul convention. On the barriers to ratification, I appreciate the clarity that she gave us on ETJ, but she said it will happen “as soon as time allows”. Will she give us some assurances about the timescale? Does “as soon as time allows” mean within a month, a year or a decade? I welcome the fact that the Minister has opened dialogue with the devolved Administrations, but can she give us some clarity about the point that those negotiations have reached? Has she started them, or has there been a coalescence around the timescales? Will she set out a timescale for the changes that she suggested, especially those to clause 2(1)(b)?
I understand the Government’s reservations about clause 3, but it is necessary for Parliament to be able to hold them to account on the reports created by the Group of Experts on Action against Violence against Women and Domestic Violence. It is welcome that the Minister committed to providing an annual statement to Parliament to allow us to debate our steps towards ratification and our compliance. However—I am not sure whether I misheard the Minister or whether she did not say this—will that be an oral statement to the House, rather than a written one? It is important that Members of Parliament have the opportunity to debate this issue in full once a year, as the Minister is offering.
I thank the hon. Member for Rotherham for the way in which she has welcomed the Bill. There is cross-party support for it, and I want to keep working constructively on it.
I am conscious of time. The Bill seeks to set out the timetable that the hon. Lady asks for, so I will not put the cart before the horse. Once the Bill is passed, the Government will be committed to its obligations. As I said, subject to the amendments being acceptable on Report, we will, of course, produce a report that clearly answers the questions she asked today.
The one thing on which I can absolutely give the hon. Lady some clarity is that we will have written statements before Parliament and an oral statement. Once the written statements are published, there will be an opportunity for an oral statement, so that we can have a full debate in this place and celebrate the achievements that we will be making, and give Members the opportunity to scrutinise and push the Government further.
I intend to be quite brief in summing up this afternoon’s debate, and I thank all hon. Members who have participated. It is clear that there is a great deal of consensus across the House on this issue and that there is some political will from those of us who understand its importance and urgency.
Most of the Minister’s comments on amendments were very constructive and helpful. I was glad that she raised extraterritorial jurisdiction—every time I say that, I think I am going to say “extra-terrestrial jurisdiction”, so I understand why we are calling it ETJ. Obviously it makes civil servants and Law Officers queasy, but we are getting much more used to exercising it in a range of policy areas. ETJ has been a sticking point in this legislation because it is quite legally complex, but we are now exercising it for so many other serious crimes that failing to exercise it for serious crimes against women seems like a dereliction of duty and a failure to protect our citizens, who are travelling and working abroad more than ever—I know that the hon. Member for Calder Valley has raised in the Chamber the dreadful experiences of one of his constituents.
I suppose my remaining reservation is about the Minister’s phrase “as soon as time allows”, which my hon. Friend the Member for Rotherham also mentioned. That is the kind of language that we are all familiar with in this place and that we have seen used in relation to the Istanbul convention over the last four and a half years. The problem is that with ETJ it will not just be the Home Office that leads on this issue; it will relate not only to other jurisdictions—Scotland and Northern Ireland—but to other Departments in Westminster. I do not want the Government let off the hook and allowed to push this issue on to the back burner, nor do I want to see vague, principled commitments replace a real road map for progress. I take on board the Minister’s concerns about constitutional phrasing, but I really do not want to see the teeth pulled from this initiative, because it is a road map with identifiable milestones for which other Departments and other Administrations can also be held accountable.
As for the other amendments, we need a realistic and reasonable timetable. The Government have a clear sense of how long these things take, and I am amenable to constructive dialogue, but I emphasise that it is important that we keep this issue at the top of the priority list. Members of the Committee are well equipped to ensure that we do.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 4 ordered to stand part of the Bill.
Bill to be reported, without amendment.
(7 years, 10 months ago)
Commons ChamberI am grateful to my hon. Friend for raising such an important matter. We made forced marriage a criminal offence in 2014 to better protect victims and send a clear message that this abhorrent practice will not be tolerated in the UK. We want to see more victims having the confidence to come forward to report this often hidden crime, and that is why we are introducing lifelong anonymity for victims through the Policing and Crime Bill.
I am glad that this country is leading the way on tackling violence against women and girls, but does the Minister agree that we need to keep up the pressure to eradicate child marriage, as it is a particularly pernicious form of violence?
I do indeed. The UK is a world leader in the fight to stamp out forced marriage, and I am clear that to end these crimes in the UK we must end them overseas, too. That is why we are pursuing an ambitious programme of work at an international level, including with the Department for International Development, through its £36 million programme to end child, early and forced marriage.
The hon. Gentleman has made a very important point. Hate crime has no place whatsoever in our society. It destroys communities and people’s lives, and we are taking every possible action against it. We have the strongest legislative framework in the world, and that includes working with internet providers. I can absolutely assure the hon. Gentleman that we have agreements with internet providers, and that when hate crime is identified, they will take the horrendous stuff down.
I am absolutely delighted to commend the work of this multi-agency Halcon One Team, which operates in my hon. Friend’s constituency. It is, indeed, a marvellous example of where the police and local agencies work together in their communities with vulnerable people, tackling environmental issues and providing young people with a constructive alternative, to avoid them being dragged into a life of crime and antisocial behaviour.
In the light of Holocaust Memorial Day this week, will the Minister join me in paying tribute to the Holocaust Memorial Day Trust and the Holocaust Educational Trust, which remind us of the worst example we have ever witnessed of where anti-Semitism can lead? In the light of the publication of the Community Security Trust 2016 anti-Semitic incident report next week, and bearing in mind the fact that last year saw the third highest annual level of anti-Semitic hate incidents in the UK, what are the Government doing to combat rising levels of anti-Semitism?
(7 years, 10 months ago)
General CommitteesI beg to move,
That the Committee has considered the draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016.
It is a pleasure to serve under your chairmanship this afternoon, Mr Nuttall. I hope not to detain the Committee for too long, but I will go into some explanation of the order because, in preparation for the debate, I had to do quite a bit of homework to understand what the codes are about, which I thought Members would also find useful.
The order, which was laid before the House on 22 November 2016, will bring into effect three revised codes of practice issued under section 66 of the Police and Criminal Evidence Act 1984. These are code C, which concerns the detention, treatment and questioning of persons detained under PACE; code H, which concerns the detention, treatment and questioning of persons detained under terrorism provisions; and code D, which concerns the identification of suspects by witnesses and biometric data such as fingerprints, DNA and photographs.
I will briefly describe the PACE codes and how the changes have come before us. For England and Wales, the statutory provisions of PACE set out the core framework of police powers to detect and investigate crime. They also require the Home Secretary to issue codes of practice. The eight accompanying codes of practice —codes of practice A to F—do not create powers but provide rules and procedures for the police to follow when exercising their powers. PACE and the codes establish important safeguards for individuals that are designed to strike the right balance between the need for the police to have powers to tackle crime and the need for safeguards for suspects and other members of the public.
To maintain that balance, we regularly update the codes as we change primary legislation. The three codes before us today were published in draft format in March 2016 for statutory consultation in accordance with section 67 of PACE. The consultation, which was also open to the public, ran for eight weeks, and the bodies that the Secretary of State is required to consult in accordance with section 67(4) of PACE were invited to comment. Others invited to comment included the Crown Prosecution Service, Liberty, Justice, and the Youth Justice Board. The drafts, together with the invitation to the public at large to respond, were also published on gov.uk. A total of 18 responses were received, which is normal for this type of consultation.
In accordance with section 67 of PACE, the revised codes were laid before the House and the other place, together with the draft order and explanatory memorandum.
As the Minister will know, one restriction on police interviewing applies once somebody has been charged. When several people are involved in a criminal act, such as an act of terrorism, it is sometimes difficult to get to interview all the people who might have been involved before the police want to charge somebody. The European arrest warrant has been particularly useful in that it gives us the ability to bring people back swiftly to the United Kingdom to be interviewed before other members of the group are charged. Is she confident that we will be able to remain under the terms of the European arrest warrant, or that the PACE requirements will be flexible enough to meet the possible longer times that may arise in such cases?
The hon. Gentleman makes a very significant point about the importance of the European arrest warrant, which has provided all the benefits he ably describes. I am confident that we will maintain the same level of arrangements we have had with our colleagues in Europe. Keeping citizens safe is absolutely the first priority of the Government. The former Home Secretary, now Prime Minister, made huge strides in closer relationships with our colleagues in Europe, keeping citizens here and in Europe safe. As she outlined yesterday, although we are leaving the European Union, we are not leaving Europe. We are determined to work very closely with our colleagues in Europe to ensure that we can share information and data, so that we can continue to provide effective ways in which to enable our law enforcement officers to bear down on terrorists.
I thank the Minister for that reply, but how is it consistent with the Prime Minister’s statement yesterday that we will not take part in any bits of the EU? The European arrest warrant is a European Union measure, so how can we possibly stay part of it after the Prime Minister’s speech yesterday?
I thank the right hon. Gentleman for his question, but you will agree with me, Mr Nuttall, that we are straying well beyond the purpose of the debate, which is to consider these very specific PACE powers.
Order. The Minister prejudges what I was about to say, because I am slightly concerned that we should not go too far down the road of general European matters. I entirely concede that there is linkage between the matters raised in the two interventions and the subject matter of the statutory instrument, but we do not want to expand the debate into a general discourse about European matters.
Thank you, Mr Nuttall. If this Committee does not sit for long, the right hon. Member for Wolverhampton South East will have the opportunity to go to the Chamber, where this very matter is being debated this afternoon. I am sure his points will be very well handled by the Minister for Policing and the Fire Service.
The subject of the order—the three codes, which will hopefully be approved by the Commons and another place this afternoon—will come into force 21 days after the date the order is signed.
The main revision to PACE code C is expressly to permit the use of live-link communications technology for interpreters. The changes enable interpretation services to be provided by interpreters based at remote locations, and allow access to be shared by forces throughout England and Wales, which will avoid interpreters having to travel to individual police stations and improve the availability of interpreters of all languages. By reducing delays to the investigation, the measure will enable a more streamlined and cost-effective approach to the administration of justice.
The revisions include safeguards for suspects to ensure, as far as practicable, that the fairness of proceedings is not prejudiced by the interpreter not being physically present with the suspect. The provisions therefore require the interpreter’s physical presence unless specified conditions are satisfied and allow live-link interpretation.
How do the Government expect to be able to meet those requirements in terms of timeliness and physical attendance for interpretation purposes when all police forces in the country are concentrating their interrogation suites and cells in small areas rather than spreading them across rural areas? That has happened in my patch in the past couple of years, meaning that the journey to the suite is at least an hour.
Representing as I do a rural area with a dispersed population, I recognise that there are fewer suites where people can be interviewed than there were. However, I believe there is a sufficient supply of centres where people have timely access to justice. All those decisions have been much debated and well scrutinised in the House.
Revisions to code C reflect the amendment to PACE made by the Criminal Justice and Courts Act 2015, which defines a “juvenile” for the purposes of detention under PACE as someone aged 18 rather than under the age of 17. That resulted from a Government review of the way in which 17-year-olds were treated under PACE. The review concluded that the age at which a person should be treated as an adult under PACE should be raised from 17 to 18. That accords with the age-related jurisdiction of youth courts and other legislation applicable to children.
There are also new provisions supporting section 38(6) of PACE, which requires juveniles who are not released on bail after being charged to be moved to local authority accommodation pending their appearance at court. Under the revisions, the certificate given to the court in accordance with section 38(7) must show why the juvenile was kept at a police station, and their case is required to be monitored and supervised by someone of the rank of inspector or above. Separate measures in the Policing and Crime Bill will ensure that outstanding provisions of PACE that continue to treat 17-year-olds as adults are amended.
New provisions in code C permit an appropriate adult to be removed from an interview if they prevent proper questioning. When a suspect who is a juvenile or a vulnerable adult is interviewed, the code requires an independent adult, known as the appropriate adult, to be called to help. Their job is to help the suspect understand—and exercise—their rights as a suspect and the safeguards provided by the codes, which include their right to legal advice, the meaning of the caution, and when adverse inferences can be drawn if the suspect chooses not to answer questions. These new provisions are necessary to ensure consistency with provisions that have been in code H since 2006, and they are modelled on code C, paragraph 6.9, which concerns the removal of a solicitor from an interview if they prevent proper questioning.
Before an appropriate adult can be removed, an additional safeguard in both codes requires the inspector or superintendent called on to determine whether the appropriate adult should be excluded to remind them about their role and advise them of the concerns about their behaviour. If that advice is accepted, the appropriate adult can remain. The changes to code C are, where applicable, mirrored in code H for persons detained under terrorism provisions. This ensures consistency in provisions that are common to both codes.
In code D, eyewitness and witness identification procedures are updated to take account of significant changes and developments in case law and police practice, and to address operational concerns raised by the police. Revised video identification provisions clarify and confirm the identification officer’s discretion to use historical images of the suspect; regulate the presence of solicitors at witness viewings; and direct others, such as police officers and police civilian staff, to implement any arrangements for identification procedures. The investigating officer’s responsibility concerning the viewing of closed circuit television and similar images by a witness other than an eyewitness is also clarified. Other revisions to code D reflect amendments that the Anti-social Behaviour, Crime and Policing Act 2014 made to PACE concerning the retention of fingerprints, DNA profiles and samples.
There are revisions to all three codes to highlight the need to check all sources of relevant information in order to establish a detainee’s identity; enable officers to use electronic pocket books and other devices to make records required by the codes; clarify those who are not eligible to act as the appropriate adult for children under 18 and vulnerable adults; and highlight the requirement under section 31 of the Children and Young Persons Act 1933 to separate children from adult detainees in police stations and other places of detention by including a link to College of Policing guidance on this matter. Also, minor typographical and grammatical corrections have been made.
The revisions strike a balance between the need to safeguard the rights of suspects and the need to support the operational flexibility of the police to investigate crime. They are being introduced to bring codes C, D and H in line with current legislation, and to support operational policing practice. The revised codes provide invaluable guidance to both the police and the public on how the police should use their powers to ensure that they act fairly, efficiently and effectively.
The hon. Member for Swansea East and I have begun to have weekly exchanges across Committee Rooms, but today’s is on quite a different subject. We are usually together banning illegal substances. I thank her for her questions and will do my best to answer them, but I am sure that I will also take up her invitation to write in more detail.
As I will probably touch on only some aspects, I should let hon. Members know that at the same time as the Government tabled the revised measures, we set out all the changes that were made in response to feedback from Liberty and others to the consultation. Any hon. Member may therefore look on the gov.uk website or visit the Library to see all the revisions based on the feedback that we received. As the hon. Lady said, that information is detailed and specific.
The hon. Lady asked first about the live-link implementation. The presumption is that a live interpreter will be sitting with the suspect. This gives an opportunity for flexibility, however. If it was agreed by all the parties concerned and their representative that it was acceptable and appropriate and that they thought that the suspect had capacity and understood what would happen, that live-link facility could be used to improve the speed with which they could conduct the interview. If there was any concern from the suspect, the appropriate adult, their representative or, indeed, the police that the vulnerability of the suspect meant that having remote access to the translator would in any way compromise them or would not give them the justice they deserved, it would not go ahead. The assumption is that the process will happen face-to-face, but this is a tool that can be used if everybody agrees that it is in the best interests of the suspect and of securing the evidence.
On the question of reviewing whether the code lives up to expectations and the opinions of suspects, lawyers and the police about how well it works, all such codes are kept constantly under review by Her Majesty’s inspectorate of constabulary in its inspection process, in which it considers the opinions of suspects and how they are treated. There will be opportunities to make sure that it is working.
Of course, the Home Office works closely with the Chief Constable’s Council and the national police leads to reflect back on the implementation of policy and how well it works in practice so that we can make refinements. If we look back in Hansard, we will find that PACE codes are often debated in Parliament—at least a couple of times a year—as operational best practice is brought up to date. If HMIC finds poor practice when it does inspections, then of course there is a process of continuous improvement. I hope that provides the assurance that the hon. Lady is looking for.
The safeguards around the removal of an appropriate adult are important. Everybody should feel that there are adequate safeguards and that the police cannot be heavy-handed in the way that the hon. Lady mentioned. The involvement of a senior officer—it has to be an inspector or above—in making the decision is really important. When I was talking to colleagues about the practical applications of the code, we were thinking more about a situation in which, as one can imagine, a parent comes in with a child who, out of love and enthusiasm to protect their child, shouts, “Don’t say anything! Don’t give evidence! Don’t answer the questions!”, when in fact that is not the best advice and is not in the interest of the young person.
In such circumstances, the first course of action would be for an officer to explain to that appropriate adult and ask them to moderate their behaviour. At that point, most people would think, “I’ll moderate my behaviour and we can carry on with the interview,” but if that is not the case and an amicable solution cannot be found, the inspector will be called. They will look at all the evidence and discuss with everyone the best way forward. Everyone would hope that the behaviour would be modified and that the interview would carry on, but I can assure the hon. Lady that if that was not the case, another appropriate adult would be found. That would be an essential safeguard for any suspect, or anybody being interviewed, but particularly for such vulnerable people.
The hon. Lady asked about electronic devices. Of course, we all want to keep up with the times and we want to enable police officers to use their time in communities talking to people and keeping us safe and well. We do not want them to have to spend hours in police stations filling out loads of forms, and technology has been proven to enhance the operational effectiveness of police officers, enabling them to spend more time in communities, where we all want to see them. The use of electronic devices has been piloted and trialled. As for the hon. Lady’s point about safety and ensuring that they cannot be hacked into and that the evidence cannot be tampered with, that has been fully tested during the piloting. However, I do not think that any of us is complacent. Technology is always changing and there are determined criminals out there who would like to be able to break into these data and tamper, so we will always be vigilant to ensure that appropriate actions are taken.
The final question was about changes in relation to witness identification. The best assurance I can give the hon. Lady is that those procedures—the identity line-ups that we always think about—will be filmed and videoed. That gives a great degree of transparency so that, when it comes to the court case, there is plenty of opportunity for the defendant’s representatives to challenge the admissibility of the evidence coming into court. If there were any doubt about the way in which evidence had been collated, especially when that was to do with the identity of the suspect, the openness and transparency of the process would enable their representative to challenge that in court. I think that assures us all that the codes can be properly monitored.
I thank and put on record my appreciation of all those who participate as stakeholders on a regular basis and all the organisations who contributed to the development of the codes. I also thank hon. Members for their contribution to the debate. I really think that the codes are in the best interests of justice and operationally necessary. We must ensure that we always strike that right balance between enabling the police to have all the powers they need and plenty of safeguards for suspects and citizens. I thank the Committee for its consideration.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016.
(7 years, 10 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
indicated assent.
I beg to move,
That this House has considered asylum seekers and the right to work.
It is a pleasure to see you in the Chair, Mr Bailey. I have taken an interest in the rights of asylum seekers for some years now. One of the very first events I attended as a councillor in Glasgow in 2007 was the opening of Refugee Week, the inspirational and ever-growing festival co-ordinated by the Scottish Refugee Council. That was the first time I heard directly the testimonies, experiences and views of those who had fled violence and persecution. They told their stories through music and dance as well as in words, because the trauma they were expressing was often beyond description.
The right to seek asylum is set out in the universal declaration on human rights, and it is one of the most important obligations in international law. However, it has become clear to me over the past few years that sadly in the UK we are not fulfilling our duties to asylum seekers. We often keep them in a situation of destitution and danger, with little acknowledgement of the difficulties that led them to flee. Worse still, we are devaluing these precious human beings. Asylum seekers have skills they could bring and talents they could share. These are people who have overcome everything and lost so much. The very least we should do as a nation is give them a means of living in dignity, and I believe, as I will lay out, that there are circumstances in which they should have the right to work. That is consistent with the position that the Scottish National party took, along with Labour Members, in proposing amendments to the Immigration Act 2016 to enable asylum seekers to work if they had been waiting more than six months for a decision. The UK Government sadly rejected the amendments.
With no permission to work, asylum seekers survive—it is barely survival in many cases—on £5 a day. That affects more than 8,000 asylum seekers in the UK. The right to work was withdrawn by the Labour Government in 2002. At present, asylum seekers can work only if they have been waiting for a decision for longer than one year and they have skills relevant to the occupations on the shortage occupation list, which covers only jobs that few or no UK nationals are able to perform. Those are often very specific jobs, such as various types of scientists and engineers, as well as trades such as professional dancer or musician, which require specific qualifications and experience, as well as an employer who is willing to take a person on when they do not know how long they may be in the UK.
It is a pleasure to serve under your chairmanship, Mr Bailey. I thank the hon. Member for Glasgow Central (Alison Thewliss) for raising such an important issue, and I commend her passionate speech. She is clearly pursuing the issue in the House with great vigour and determination. I also thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for his speech. I am sure to have said the name of his constituency wrongly, so I apologise. I noted also the remarks of the hon. Member for Rochdale (Simon Danczuk). It is disappointing that the shadow Minister did not bother to come to the debate. I see that the hon. Gentleman agrees with me that that is a sad reflection.
It is right to say that, as a general rule, we do not believe it is appropriate to allow asylum seekers to work in the UK. However, we will grant an asylum seeker permission to work in one of the jobs on the shortage occupation list if their claim has not been decided after 12 months, through no fault of their own. We believe that that is fair and reasonable; it protects the resident labour market and ensures that access to jobs is prioritised for British citizens and those with leave to remain, including refugees.
The immigration rules for non-EEA nationals wishing to work in the UK are designed to meet our needs for skilled labour and to benefit our economy. That approach would be undermined if non-EEA nationals could bypass the rules by lodging unfounded asylum claims. It is an unfortunate reality that some individuals make such claims in an attempt to stay in the UK. It is reasonable to assume that some do that because of the benefits—real or perceived—that they think they will gain.
I will not; I have been generous in allowing the hon. Gentleman to make his speech. So that I have the opportunity to answer the serious points that have been raised, I will need to make my whole speech. If he feels that I do not address his concerns, I ask him to write to me.
Allowing asylum seekers earlier access to work risks undermining our asylum system by encouraging unfounded claims from those seeking employment opportunities for which they would not otherwise be eligible. We also must not create further incentives for asylum seekers to risk their lives attempting to travel here illegally. We instead want to encourage genuine refugees to claim asylum in the first safe country they reach.
I know there are those who say, as has been said today, that there is little evidence of a pull factor. I do not agree. We have seen the effect that policies in Europe have had in driving migrant behaviour. In 2015, following a shift in policy, Germany saw its asylum intake increase by 155%. More than 20% of those claims were from countries in the Balkans, which, mercifully and thankfully, have not seen conflict for more than 20 years.
There has been much debate, as has been referred to, about past delays in decision making by the Home Office, but that has been brought under control. In most cases, asylum seekers receive a decision within six months. While they are awaiting that decision, asylum seekers, who would otherwise be destitute, are entitled to free, furnished accommodation that is safe and of a good standard. In preparation for the debate, I met a Home Office official who personally inspects that accommodation in the constituency of the hon. Member for Glasgow Central and was assured of its quality and safety.
A cash allowance is given to asylum seekers to cover essential living needs. It is worth noting that in October, the High Court agreed that the methodology used by the Home Office for assessing the adequacy of payment rates is rational and lawful. The judgment also rightly rejected the argument that the rate should be the same or similar to that paid to benefit recipients by the Department for Work and Pensions. I do not accept that we are in some way treating people in an appalling or degrading way by providing that accommodation.
I will not, because I want to address the points that the hon. Lady has raised.
It is worth noting that we encourage asylum seekers to undertake volunteering activities, so that they can benefit the community. That supports integration if they are granted protection, and addresses some of the self-esteem and respect issues that the hon. Lady rightly referred to. Opportunities will be provided in communities for people who are used to being providers for their families or community leaders in the countries from which they fled.
I was pleased to hear the intervention from my hon. Friend the Member for Solihull (Julian Knight), who made an excellent point about the role the voluntary sector is playing in his community in supporting asylum seekers. For clarity, it is important to understand that those volunteering activities must not amount to unpaid work or job substitution. The Home Office recently published revised guidance to help clarify that issue, in case there is any uncertainty.
The current policy strikes the right balance. It is fair and reasonable towards genuine asylum seekers, it is consistent with our international obligations, and it takes into account the rights and needs of asylum seekers and our whole society.
Question put and agreed to.
(7 years, 10 months ago)
General CommitteesI beg to move,
That the Committee has considered the Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2016 (S.I. 2016, No. 1126).
It is a pleasure to serve under your chairmanship, Mrs Gillan. The order was first laid before the House on 23 November 2016; it is the first of what I am sure will be many statutory instruments laid before the House by the Home Office. Action to address the harms of drug misuse would not be possible without expert guidance, and I am grateful to the Advisory Council on the Misuse of Drugs for its advice, which informed the order. I also take this chance to place on the record my congratulations to the new chair of the ACMD, Dr Owen Bowden-Jones, who began his important work on 1 January. I look forward to working with him to continue the effective relationship between the ACMD and the Government.
The order subjects methiopropamine—a stimulant drug—to a temporary control order under section 2A of the Misuse of Drugs Act 1971. Methiopropamine, colloquially known as MPA, was controlled under a previous temporary class drug order that expired on 26 November 2016. If the order is made today, the temporary control will continue for a further 12 months. Those further months will allow the ACMD to gather and consider more evidence, in order to make a substantiated recommendation for permanent control under the 1971 Act. That replicates the ACMD’s recommended approach to renew the TCDO covering seven Ritalin-related substances in June 2016.
The Minister mentioned that the drug is known colloquially as MPA; like many other drugs, I am sure it is included in many other products, as with other legal highs previously. Will she tell the Committee what other names it is commonly known by on the street?
The hon. Gentleman is right: this drug would commonly have been known as a legal high in the past. However, as far as I am aware, MPA is its colloquial name; I know that other drugs often have a multitude of names, but in this case, the street name—if that is the right term—is MPA. [Interruption.] My helpful colleagues sitting to my left have just pointed out that, while MPA is its most common name, it can also go by the names “Ivory Dove”, “China White”, “Walter White”, “Quicksilver”, “Ultra 3”, “Bullet”, “Mind Melt”, “Pink Panthers”, “Poke”, “Rush”, “Snow White” and “Charlie Sheen”. I hope the hon. Gentleman finds that illuminating. MPA has been compared to cocaine, and some of those names indicate some of the features of that drug.
A number of harms have been evidenced as a result of MPA consumption, including abnormally fast heart rate—perhaps that is related to the nickname “Rush”—anxiety, panic attacks, perspiration, headaches, nausea, difficulty breathing, vomiting, difficulty urinating and sexual dysfunction. A particular concern, as the ACMD noted, is that MPA came to its attention as a replacement for methylphenidate-based compounds, which were controlled under a previous TCDO. Given that the drug is commonly administered by injection, there is a high risk of harm caused by bacterial infection and local tissue damage.
The ACMD notes that the initial TCDO
“has been effective in halting the problematic proliferation of MPA”
since it was first introduced in November 2015. Evidence indicates that the prevalence of the substance prior to the TCDO, most notably in Scotland, appears to have abated. Sources note fewer instances of users injecting MPA, a reduction in phone calls and database inquiries to TOXBASE and a reported decrease in the availability of MPA online.
Parliament’s approval of the order will enable UK law enforcement to continue, under the strict offences and robust penalties of the 1971 Act, to take consistent action against traffickers and suppliers of temporary class drugs while the ACMD gathers further evidence. The order sends out a clear message to the public that the drug carries serious health risks and, in addition to our legislative response, we continue to take action to reduce the damage of drugs and to ensure that those who become dependent have access to the support they need.
We really want to carry on our vital work in updating the public, promoting health messages and informing the public about the harms of these dreadful psychoactive substances. We are utterly determined to continue our work with the ACMD, to do everything we can to prevent these harmful psychoactive substances being used by people in our country.
I am grateful to the hon. Member for Swansea East for her support; it is really encouraging that every time we come together to look at drugs issues there is absolute unanimity. It is really important that we send out a strong, united message to all those who seek to exploit the vulnerable people in society by selling them these appallingly harmful drugs.
I also welcome the hon. Member for East Renfrewshire’s comments about seeking to list the drug permanently. Once the ACMD has enough evidence, we will, of course, be able to do that, but I can absolutely assure the hon. Lady that in the meantime the temporary measure gives law enforcement all the powers it needs to go after the people who trade in this most harmful of all trades, selling these appalling substances to some very vulnerable people.
The hon. Member for Swansea East made a point about the drugs strategy. We have been working hard across Government on a thorough and balanced drugs strategy that looks at educating young people, making sure that teachers and everyone working with young people communicate the risks of taking drugs, so that young people themselves make good, informed choices. We have also been working closely with law enforcement bodies to make sure that they have all the powers that they need, and we have been putting the rehabilitation of people who have taken substances and have a problem with them at the heart of our strategy. We are working closely with the Department of Health and we will publish the strategy soon.
In the meantime, we have not been sitting on our hands. We have introduced a whole range of measures, most particularly updating the work done to look at the effectiveness of the educational tools available to teachers and youth workers, and issuing new guidance in that regard. We have also been looking at what works for rehabilitation and detox. We have been doing a lot of work with the Department of Health and sharing that best practice, communicating it out to people in the frontline. New services, communicating tools that people can use to measure the toxicity of drugs, the early intervention schemes—all this good work has been going on while we have been developing the strategy across Government. Although I had hoped that the strategy would be published just before Christmas, I am sure that it will be published very shortly.
I have answered questions and provided the Committee with information this afternoon. I hope that Committee members will feel able to support this important new measure, which, as hon. Members have mentioned, will help us in the good work of increasing the number of prosecutions for the sale of psychoactive substances, closing down head shops and making sure that people who have become addicted to these substances get the support they really need to get their lives back on track.
Question put and agreed to.
(7 years, 11 months ago)
Commons ChamberToday is a really important day that marks one of the UN’s 16 days of action to eliminate violence against women and girls. This vital debate has shown our utter and united determination across the House to end these terrible crimes. I want to start by paying heartfelt thanks to the hon. Member for Edinburgh West (Michelle Thomson). To hear her talking about her rape when she was 14 years old, breaking the taboo by talking about it in this place, was truly remarkable. It was incredibly brave of her to talk, as she so eloquently did, about what happened to her. I am sure that her mother would be incredibly proud of her, because she will be helping so many women who are suffering in silence. If after listening to her just one women picks up the phone and gets the support that is available, the hon. Lady will have saved someone’s life. I am sure that many women will draw courage and inspiration from her today.
I also thank the hon. Member for Batley and Spen (Tracy Brabin) who bravely talked about a serious sexual assault. She made a powerful speech, highlighting what she says are widespread attitudes towards and abuse of women in the industry in which she served. I give every power to her elbow and give her every encouragement to carry on talking about this to help women in that industry today not to have to suffer in the way that she did.
I pay tribute to my hon. Friend the Member for Eastleigh (Mims Davies), who also gave a moving, powerful speech about her dreadful personal experience of being a victim of stalking. I commend her for using that experience to campaign strongly since she became a Member. She played such an important part in bringing in the anti-stalking measures that were announced yesterday.
I am grateful to the hon. Member for Feltham and Heston (Seema Malhotra) for securing this debate and for the approach she took in her speech. I also thank my friend the shadow Minister, the hon. Member for Rotherham (Sarah Champion), with whom we work so closely. She is right that it is absolutely essential that work must be cross-party and done across the House. There is simply no room for politics in this. We must keep the issue at the top of the political agenda by working together to get the cultural changes that we all want.
I commend my right hon. Friend the Member for Basingstoke (Mrs Miller) for reminding the House of the Prime Minister’s strong, persistent leadership on keeping women and girls safe at home and around the world. The Government appreciate the valuable work done by my right hon. Friend the Member for Basingstoke and the Women and Equalities Committee, not least the report that we have discussed today.
Our goal remains simple: no woman should live in fear of abuse, and every girl should grow up knowing that she is safe. As we have heard today, violence and abuse can affect anyone, and while we do think that the prevalence of violence against women is going down, we are working to ensure that we have the right data. We published more data just yesterday to help us be sure about that, but we have a long way to go to reach our goal. While it is encouraging that more women feel able to come forward and that more prosecutions and convictions are being secured, we are absolutely not complacent.
Since 2010, we have done more than ever before to tackle violence against women and girls. In March, we launched the new violence against women and girls strategy and pledged over £80 million of funding to support that in the UK. We have strengthened the law and provided agencies with the tools they need to support victims, bring perpetrators to justice and prevent such crimes from happening in the first place. We have introduced new offences of coercive and controlling behaviour, stalking, forced marriage and FGM, and have banned revenge porn. On top of that good work, I am delighted that we announced yesterday some important new measures to tackle gender-based violence.
As we have heard, stalking is a devastating crime and can have serious consequences. Yesterday, we committed to introduce new civil stalking protection orders to protect victims and stop perpetrators at the earliest opportunity, before their behaviour becomes entrenched. We also launched a £15 million, three-year VAWG transformation fund to aid, promote and embed the best local practice that exists today and to ensure that early intervention and prevention become the norm, so that we can stop the awful gaps in services about which we heard today. Although we have a national framework and strategy, it is vital that local areas take ownership of and responsibility for the services in those areas, and that they put the victim at the centre of their approach to providing services, working together to incorporate the needs of a wide range of people. To help areas to do that, we published our national statement of expectations, on which we worked in partnership with a great many civil society organisations and the Local Government Association, to ensure that commissioning is the best it can be. We want good examples from across the country to be available to every community and every woman.
Included in the data we published yesterday was the domestic homicide review, which for the first time considered all the learning from examples of when things have gone badly wrong and individuals did not get access to services, and of when the statutory sector did not do everything possible to keep women safe, including the worst outcome of that leading to a death. By publishing this review and a series of recommendations, we will be able to make real progress. Included alongside that was better training for the chairs of domestic homicide reviews and funding to enable this work to carry on.
I am not going to give way, as I want to cover all the questions put to me.
Our new £15 million VAWG service transformation fund is just one part of the £80 million package that I talked about. This is the most central funding that any Government have put into tackling these terrible crimes, and it includes provision for rape support centres, national helplines and refuges. I am sure that our actions are backing up our strong words, and if more resources are needed, we will always keep that under review.
The police transformation fund has also funded programmes that support our work to end VAWG, and other sources of funding are available across the country, at the local and national levels. These sources include money from the troubled families programme; for victims’ services; for dedicated mental health provision; for the tackling modern slavery programmes; and £15 million from the tampon tax fund. I am particularly pleased that this year that fund recognised the incredibly important role that grassroots organisations play in addressing VAWG and they have a particular spot in the fund.
I was asked some very direct questions and I wish to answer them directly today; the red folder is on the Bench. First, let me say that abusive behaviour online is treated the same as such behaviour offline. The same prevention orders and the same tools to prosecute offenders for that behaviour online should be pursued. So please, Members, go out into your communities and spread the word that we must get law enforcement agencies to use those new powers.
I am sorry, but I do not really have enough time to do so.
Secondly, the hon. Member for Birmingham, Yardley (Jess Phillips) said that we must do more to educate children about healthy relationships, including sexual relationships, and that no must mean no in every circumstance. I think we all agree with that, and there is a huge amount of determination and ongoing work to deliver that. She is absolutely right to say that we all need to talk about this. As a mother of three children, I can say that it can be a bit embarrassing, not least for my children, having to sit down to talk about this; my son has just about recovered from having to talk to his mum about online porn. But it is essential that we all do this, and there is a lot of very good material to support us as citizens, as parents, as teachers and as youth workers to have those conversations. We are absolutely determined to make sure we work with partners such as the PSHE Association, the Child Exploitation and Online Protection Centre, and the range of excellent charities that do so much in this space, to make sure we have highly effective communications to really educate young boys and girls about good, healthy and safe relationships.
I was also asked to respond to the femicide report, and I will be writing to the Members who raised that, because it was a detailed report and I want to do it justice by responding to all the recommendations. The issue of perpetrator programmes was also raised. Clearly, they have an incredibly important role to play in trying to prevent harmful behaviour, but I am aware that not all of them are as good as we want them to be, so we are working with the charity Respect to revise the accreditation standards for these programmes.
We have also heard harrowing stories today about FGM and its continued prevalence. I just want to confirm to everyone the utter determination of the Prime Minister and of the Home Secretary, who has made this a personal challenge, to do everything we can to stamp out this vile and unacceptable practice in our country and all around the world.
Finally, there has been much talk about the ratification of the Istanbul convention today. I am proud that we signed that convention and I know that we will ratify it. I want to assure Members that the lack of ratification is not stopping us doing anything; we are already complying with every single aspect of that convention. We exceed most of its criteria, with the exception being the criterion relating to extra-territorial powers. Detailed and ongoing discussions are taking place between the Ministry of Justice and the devolved Administrations, particularly Northern Ireland’s, to get this right. We will not have time to go into all those details today, but we will be able to talk about this at length next Friday, and I looking forward to that debate.
In concluding, I wish to thank my hon. Friend the Member for Cheltenham (Alex Chalk), the hon. Members for Lanark and Hamilton East (Angela Crawley) and for Birmingham, Yardley, my hon. Friend the Member for Taunton Deane (Rebecca Pow), and the hon. Members for Heywood and Middleton (Liz McInnes), for Strangford (Jim Shannon) and for Banff and Buchan (Dr Whiteford) for their powerful and insightful speeches today. This has been one of the finest debates I have had the pleasure of sitting through in this Chamber. I also want to underline, especially to the people outside the Chamber today, that I am sure that together we will be redoubling our efforts across Parliament and across civil society, through business and in conjunction with international partners, so that we when we meet again next year, we will have many more victories to celebrate and fewer failures to talk about.
Violence against women and girls simply has no place in a modern world. It harms individuals, families, communities, societies and the global economy. Through our determined effort, I am sure that we can make this history. It is important that we do this, not only because it is the right thing to do and because it is vital for women and girls, but because all humanity will reap the benefits.
(7 years, 11 months ago)
Commons ChamberTackling knife crime is a priority and we are taking firm action, including warning young people about the dangers of carrying knives, working with retailers both online and on the high street, and legislating for tougher sentences. During October, 21 police forces took part in a week of action against knife crime. In Essex, test purchases were conducted, habitual knife carriers were stopped and searched, and 12 individuals were arrested.
I thank the Minister for reminding us of the action that Essex police are already taking. Over a four-month period, the knife amnesty got 311 knives off the streets. Will the Minister commit to continuing a knife amnesty and will she come to Southend to see the complexities and interaction between knife crime and drugs crime in Southend?
I am very grateful to my colleague for raising that point and I will be delighted to visit him in Southend. He will be pleased to know that the Home Office is working with the Essex police and crime commissioner, along with the Institute of Community Safety, to see what more we can do to help the situation in Essex. I understand that they will agree a plan of local action during a meeting this week.
Last week, a memorial service was held in Leicester for Tyler Thompson, who was killed with a knife aged only 16. The hon. Member for Rochford and Southend East (James Duddridge) said that 311 knives had been given in during the amnesty in Essex. Does the Minister have the figures for the whole country?
I do not have the answer to hand at the moment, but this was the first week, with 21 forces engaged in Operation Sceptre. That had a hugely beneficial effect, in terms of not only the surrendering of weapons across the country but arrests across the country. It sent out an incredibly clear, firm message: we will not tolerate people carrying knives as they will use them harmfully on innocent citizens.
The intention of the adults at risk policy, developed as a result of the review by Stephen Shaw, is part of a wider programme of work that aims to improve the way in which vulnerable people in detention are managed. That should enable the delivery of the issue raised by the hon. Lady. The policy came into effect on 12 September, and the intention is to ask Stephen Shaw to carry out a short review in 2017 to assess progress.
The Government’s commitment to reduce the number of survivors of sexual violence in detention is welcome, but how will observers know whether that is happening? Is information now being collected on the numbers of women in detention who disclose that they are victims of sexual violence, and will that information be made available?
The hon. Lady is right to point out that we are taking a significant package of measures to make sure that people are detained for the minimum time possible, that their vulnerabilities are properly recognised and understood, and that access to mental health and other health services is made available. As I have said, we will ask for an independent review in the course of the year, to make sure that that is working.
The Istanbul convention, which the Government have yet to ratify, requires countries to develop gender-sensitive reception procedures, such as women-only accommodation. What steps are the Government taking to guarantee the safety of women in initial accommodation, including women and children-only corridors?
The hon. Lady is right to point out the importance of making sure that women are safe. It is the absolute priority of this Government to keep women and girls safe, including in our detention system. The Government have signed and will ratify the Istanbul convention and, as the hon. Lady knows, we are well exceeding all its targets.
In March, we published the new violence against women and girls strategy, which sets out an ambitious programme of reform, supported by increased funding of £80 million, to make tackling these crimes everybody’s business, to ensure that victims get the support they need and to bring more perpetrators to justice. We have also introduced a new domestic abuse offence to capture coercive control, and consulted on new measures to protect victims of stalking.
As a trustee of Helping Victims of Domestic Violence, a local domestic abuse charity in my constituency, I have seen at first hand just how worrying domestic abuse and sexual offences can be. Will the Minister meet me and the police and crime commissioner in my constituency to see what more we can do together?
My hon. Friend is right to pay tribute to the voluntary sector organisations that do so much to support victims. I would be delighted to meet her and the police and crime commissioner for her constituency to see what more we can do to support those victims.
Does the Minister share my concern that Survivors Hull and East Riding, which has supported local victims of sexual trauma for more than two decades, is about to close because of a lack of funding? Would she be willing to meet me to discuss what more resources can go into providing a service locally for those victims?
The hon. Lady is right to raise that case. I am horrified to hear of such a valued service facing that situation. I would be very pleased to meet her to see what we can do to access funding.
There were 18,000 domestic violence offences against women in the last year in Leeds alone, so there are still far too many. Does the Minister agree that we need to do more to educate boys and men about this crime so that that figure comes down considerably?
The hon. Gentleman raises a very important point about the important role that men can play and the importance of educating young people about appropriate sexual relationships. He will be pleased to know that world-class resources are available to do that not only from the Home Office, but from the Child Exploitation and Online Protection Centre. More such work is going on in schools than ever before.
My hon. Friend raises an important point, and I appreciate the concerns of the Waveney domestic violence forum. I can assure him that I am working closely with the Secretary of State for Justice to improve the family justice response to domestic abuse, and with the judiciary to consider what additional protections might be necessary. We are also supporting innovative pilots, working with perpetrators of domestic abuse, which include disruption as well as support.
The worrying rise in post-referendum hate crime, which we all condemn, has disproportionately affected women—we have seen hijabs ripped off girls, death threats to Gina Miller and family, and the tweet at the weekend about wanting to “Jo Cox” the right hon. Member for Broxtowe (Anna Soubry). Thankfully the instigator of the tweet has now been charged. Are the Government, after years of inactivity towards social media platforms, embarrassed by this burgeoning abuse of women on and offline? Is it not another aspect of Brexit for which they clearly had no plan?
The hon. Lady is right to raise these horrendous crimes, which have no place in our society, but she is wrong to say that we have been sitting on our hands. We have introduced not only the hate crime strategy but a whole series of offences, for which I am pleased to see the police successfully prosecuting people. We have also done groundbreaking work with the internet industry, which is taking seriously its responsibility to take down dreadful incidents of online hate crime.
My hon. Friend is right to raise this serious situation. I commend him and the Metropolitan police which, along with other police forces, has been working on Operation Sceptre, which includes knife sweeps. I recommend that he speaks to the head of Sutton Borough Council to see if they are interested in working with the Institute of Community Safety to undertake an area review and make sure that everything is being done to stop this dreadful crime.
(8 years ago)
Ministerial CorrectionsThe inquiry has set up 13 strands of investigation, and made 250 formal requests for information from over 120 institutions, with 164,000 documents having now been submitted. It has referred roughly 80 cases a week to the police. It has rolled out the truth project, providing survivors with the opportunity to tell the inquiry what has happened to them. More than 500 people have so far come forward.
[Official Report, 21 November 2016, Vol. 617, c. 605.]
Letter of correction from Sarah Newton.
An error has been identified in the response I gave to the hon. Member for Wigan (Lisa Nandy).
The correct response should have been:
The inquiry has set up 13 strands of investigation, and made 250 formal requests for information from over 120 institutions, with 164,000 documents having now been submitted. It has referred roughly 80 cases a month to the police. It has rolled out the truth project, providing survivors with the opportunity to tell the inquiry what has happened to them. More than 500 people have so far come forward.
Independent Inquiry into Child Sexual Abuse
To go back to my response to the urgent question, the fact that 80 cases a week are being referred to the police and that over 500 people have come forward to participate in the truth project shows how valuable the inquiry already is to those victims.
[Official Report, 21 November 2016, Vol. 617, c. 608.]
Letter of correction from Sarah Newton.
An error has been identified in the response I gave to my hon. Friend the Member for Lichfield (Michael Fabricant).
The correct response should have been:
To go back to my response to the urgent question, the fact that 80 cases a month are being referred to the police and that over 500 people have come forward to participate in the truth project shows how valuable the inquiry already is to those victims.
Independent Inquiry into Child Sexual Abuse
I thank the right hon. Lady for her question, and I pay tribute to her for the work she has done in campaigning so assiduously for justice for her constituents. I reassure her and everyone who is here that those lessons have been learned from the past. The inquiry is an incredibly important part of what the Government are doing to learn lessons from the past and make sure that we are doing everything that we can to keep children in our country safe. As a result of people coming forward to the inquiry, as I said in my response to the urgent question, more than 80 referrals a week are being made to the police.
[Official Report, 21 November 2016, Vol. 617, c. 610.]
Letter of correction from Sarah Newton.
An error has been identified in the response I gave to the right hon. Member for Cynon Valley (Ann Clwyd).
The correct response should have been:
I thank the right hon. Lady for her question, and I pay tribute to her for the work she has done in campaigning so assiduously for justice for her constituents. I reassure her and everyone who is here that those lessons have been learned from the past. The inquiry is an incredibly important part of what the Government are doing to learn lessons from the past and make sure that we are doing everything that we can to keep children in our country safe. As a result of people coming forward to the inquiry, as I said in my response to the urgent question, more than 80 referrals a month are being made to the police.
Independent Inquiry into Child Sexual Abuse
If the right hon. Gentleman or his constituents have any evidence whatever, they should go to the inquiry right now. We are not waiting for the end of the inquiry to take action, as I have said before; more than 80 cases are sent to the police every week so that action can be taken. It is really important that people engage with the inquiry and support their constituents in doing so, so that we can seek justice for the victims.
[Official Report, 21 November 2016, Vol. 617, c. 610.]
Letter of correction from Sarah Newton.
An error has been identified in the response I gave to the right hon. Member for Delyn (Mr Hanson).
The correct response should have been:
If the right hon. Gentleman or his constituents have any evidence whatever, they should go to the inquiry right now. We are not waiting for the end of the inquiry to take action, as I have said before; more than 80 cases are sent to the police every month so that action can be taken. It is really important that people engage with the inquiry and support their constituents in doing so, so that we can seek justice for the victims.