Police, Crime, Sentencing and Courts Bill

Shaun Bailey Excerpts

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

[Mr David Lammy (Tottenham) (Lab)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House declines to give a Second Reading to the Police, Crime, Sentencing and Courts Bill, notwithstanding the need for a police covenant and for tougher sentences for serious crimes, including child murder, terrorism and dangerous driving, and for assaults on emergency service workers, because the Bill rushes changes to protest law and fails to introduce a single new measure specifically designed to tackle the epidemic of violence against women and is therefore an abusers’ charter since domestic abuse rates have spiked and victims of rape are facing the lowest prosecution rates on record, and because the Bill fails to criminalise street harassment, fails to make misogyny a hate crime, fails to raise minimum sentences for rape or stalking, and fails to give whole life orders to those found guilty of abduction and sexual assault and murder of a stranger.”

It is an honour to close this debate on behalf of the Opposition and to move the reasoned amendment standing in my name and that of the Leader of the Opposition. It is a debate that has involved the lion’s share of Members across this House, and of course we meet at a time of a national cry to tackle violence against women and girls.

It was in June last year, on one warm evening, amid the deep concerns about the pandemic at that time, that my wife and I, on learning and reading the news, wept together as a friend of mine, Mina Smallman, and her husband Chris lost their two beautiful daughters, Bibaa and Nicole, to terrible violence on a horrendous night in west London. We wept again just a few weeks ago because, on the evening of 3 March 2021, Sarah Everard, after visiting a friend in south London and walking across Clapham common, was spotted on CCTV at 9.30 pm and then she disappeared. The whole country and both sides of this House are mourning Sarah’s disappearance, kidnap and murder.

No story is more telling of the fact that we need tough sentences on the most serious crimes to deter criminals and protect the public, but we must not make the mistake of thinking that this horrific incident of violence against a woman is a one-off. The press may not report it, but women of all backgrounds, from all parts of the country and of all ages are killed every week. In 2016, 125 women in the UK were killed by men. In 2017, the number was 147. It was 147 again in 2018. Over the past decade, 1,425 women have been murdered in the UK. That is roughly one woman every three days.

It is not only murder; all kinds of violence against women are endemic in our country. In one year alone, 3.1% of women—510,000—experienced a sexual assault. Domestic violence has skyrocketed during the pandemic, with 260,000 domestic abuse offences between March and June. The Government knew about the crisis of violence against women and girls before this week, but when they were drafting the 20 schedules, 176 clauses and 296 pages of this Bill, they chose not to mention women once.

Maybe this Government do not like to talk about women because they know they have failed them. A decade of cuts, court closures and failed ideology is letting women down. Half the courts in England and Wales closed between 2010 and 2019. There are 27,000 fewer sitting days than in 2016. Under this Government, just 1.4% of rapes end in conviction. That is a record low and should shame us all.

As my hon. Friend the Member for Hove (Peter Kyle) rightly asked, why are the Government not fast-tracking rape victims through the CPS and the courts? The Crown court backlog is now a record high of more than 56,000 cases. The Government like to pretend that is only because of the pandemic, but they have no answer to why they let the backlog grow to 39,000 before covid even hit. The result is that victims of crime are being asked to wait up to four years to get to court. Many witnesses are dropping out of the justice system entirely because of delays. Violent criminals are being spared prison because of it. As my hon. Friend the Member for Hammersmith (Andy Slaughter) rightly pointed out, discussions on the justice system must always start with delays in the system and the inadequacy of legal aid. Instead of tackling violence against women, the Government have prioritised giving the police the power to prohibit the fundamental freedoms of protest that the British public hold dear. By giving the police this discretion to use these powers some of the time, it takes away our freedom all of the time. The Government’s Bill targets protesters causing too much noise and says that those who cause annoyance could be jailed for up to 10 years. I am thankful that the draconian limits on the power to protest were not in place during the great protests of the 20th century that led to real change.

[Shaun Bailey (West Bromwich West) (Con)]

rose—

[Mr Lammy]

I will not give way for the moment.

When the suffragettes marched for the right to vote, some of them were prepared to break the law to make their point just outside the House of Commons. Does the Secretary of State believe that those women who shouted noisily should have been arrested, too? Protesters marched from Jarrow in Tyneside all the way to London to demand the right to work in 1936. Does the Secretary of State think that the police should have had the power to stop them before they had even passed York? The anti-apartheid movement, of which I was part, marched continuously on Trafalgar Square for black and white people to be treated as equal. Does the Secretary of State seriously believe that they should have been arrested because they caused an annoyance?

Throughout Britain’s history, protest has been a fundamental method for the public to voice dissent. Pandemic aside, what is it about society that has changed exactly that means that the police need more powers to control protesters today than they did yesterday? What is it about the images of police tackling a mourning woman to the floor last weekend that makes the Secretary of State think that the police do not have enough as it stands? The truth, as has been briefed to his favourite newspapers, is that the Government are introducing these measures because they dislike Black Lives Matter, because they hate Extinction Rebellion and because both tell too many hard truths.

[Shaun Bailey]

When the Opposition vote against this Bill tonight, does the right hon. Gentleman not think that the Labour party’s position will have finally changed to: weak on crime and weak on the causes of crime?

[Mr Lammy]

I know that the hon. Gentleman is just getting started, but the party that introduced whole life orders—the Labour party—will not, I am afraid, take any lessons from him.

The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), was right in this debate when she said that there was a fine line between “popular and populist” and that our freedoms depend on it. The Conservative party’s principles are rooted in liberty and against the overreach of the state. I call on every member of the governing party who still believes in freedom to join the Opposition and vote against this Bill tonight.

According to the Government, not only those who cause annoyance but those who damage statues of slave owners should be locked up for a decade. Unlike the Government, the Opposition will never condone criminal behaviour, but this Government’s priorities are backwards; they are upside down. Unlike women, memorials are mentioned in the Bill eight times. The Government think that people who damage statutes should spend up to 10 years in prison because of their emotional value, but it is fine to give five-year sentences for rape. This is not hypothetical: Anthony Williams strangled his wife to death, but received only a five-year sentence; John Patrick raped a 13-year-old girl, but got only seven years in jail; Ferdinando Orlando and Lorenzo Costanzo were jailed for seven and a half years for raping a woman in a Soho nightclub; James Reeve raped a seven-year-old disabled girl, but got only nine years; and David Nicholson raped an 11 year-old, but was given a sentence of nine years and four months. What does this Bill do to address those injustices that many people feel?

The Government would rather blow a dog whistle against minorities than make women safe. Measures in the Bill will further compound the inequalities experienced by Gypsies and Travellers who are already the most disproportionately represented group in the justice system. Those found guilty of trespass in the Bill could receive a higher sentence than someone convicted of stalking. Once again, this Government’s priorities are skewed. Even police forces do not support the Government’s criminalisation of trespass. The National Police Chiefs’ Council and the Association of Police and Crime Commissioners said:

“Trespass is a civil offence and our view is that it should remain so.”

Why are the Government determined to lock up Gypsies and Travellers, even against the advice of their own police?

Many of the other measures in the Bill will compound the biases that the Secretary of State knows exist in the justice system. The Prime Minister likes to boast of following my review and recommendations, but as my hon. Friend the Member for Vauxhall (Florence Eshalomi) argued so convincingly, too often young people are still considered to be perpetrators, when in fact they are victims. Earlier this year we heard the roar “black lives matter”, and it is clear by the fact that no full equalities impact assessment accompanies the Bill that the Secretary of State simply does not agree.

The Bill contains some important proposals that Labour supports. Most of the best measures come from campaigns by Labour MPs, many of whom have spoken eloquently about those campaigns in this debate. Labour supports my hon. Friend the Member for Barnsley East (Stephanie Peacock) on dangerous driving, and my right hon. Friend the Member for Warley (John Spellar) on reform of the disclosure and barring service. Labour supports my hon. Friend the Member for Rotherham (Sarah Champion) regarding sexual abuse by people in positions of trust, and my hon. Friends the Members for Rhondda (Chris Bryant) and for Halifax (Holly Lynch) on protecting the protectors. As the shadow Home Secretary so powerfully said, why can those protections not be extended to shopworkers, social care workers, and other front-line heroes? The Opposition are behind those measures, alongside others to keep the public safe from terrorists, child murderers, and other dangerous offenders.

However, Labour cannot vote for a Policing, Crime, Sentencing and Courts Bill that ignores the intimidation, violence and abuse that women face. We cannot vote for this Bill when it fails to increase sentencing for rape and stalking. We cannot vote for this Bill when it fails to criminalise street harassment, or to make misogyny a hate crime. We cannot vote for this Bill when it fails, on the watch of the Secretary of State, to give whole life orders to those found guilty of abduction, serious assault, and murder of a stranger. We cannot vote for a Bill that fails to outline a strategy to tackle the culture of misogyny that underpins it.