Police Uplift Programme

Simon Baynes Excerpts

Wednesday 26th April 2023 Commons Chamber

[Chris Philp]

Chief constables and police and crime commissioners are able to decide how to spend their budget and whether they spend it on physical equipment, buildings, police staff or police community support officers. They have operational independence, so they can make those decisions. I am pleased to say that every single one of Wales’s four police forces—North Wales, South Wales, Dyfed–Powys and Gwent police—have record officer numbers, and more officers than they had in 2010, under the last Labour Government.

[Simon Baynes (Clwyd South) (Con)]

I congratulate the Minister on the recruitment of 207 extra police officers in north Wales. Would he agree with me that that is vital in combating antisocial behaviour in parts of my constituency of Clwyd South? Will he comment on the work he is doing to streamline paperwork, which takes up far too much police time?

[Chris Philp]

Yes, I certainly agree. North Wales police has 105 extra officers compared with March 2010. We expect them to be catching criminals. I agree with my hon. Friend that we want to minimise the bureaucratic burdens on policing. We recently changed Home Office accounting laws to reduce some of the bureaucratic burdens. We are working with the Department of Health and Social Care to ensure that people who are suffering mental health episodes that do not pose a threat to themselves or the public, and where no criminality is involved, are dealt with properly by the health service rather than by the police, so I completely agree with his point.

Illegal Migration Update

Simon Baynes Excerpts

Wednesday 29th March 2023 Commons Chamber

[Robert Jenrick]

It is a darn sight better than the politics of doing nothing, which is what the Opposition are proposing. We are taking action to tackle the people smugglers and the human traffickers. I do not doubt the motivations of the hon. Gentleman, but every day in this job I see these people and the work they do. They are some of the most evil and pernicious people in society, and we have to match them. We cannot behave in a way that is weak and naïve; we have to respond with tough policies. That is what we are doing here. We will not allow the UK to be a soft touch. By ensuring that we now have this new form of accommodation, not only will we clear the hotels, but we will also ensure that there is not a pull factor to the UK.

[Simon Baynes (Clwyd South) (Con)]

I warmly welcome my right hon. Friend’s statement this afternoon, and I would also like to take this opportunity to pay tribute to my right hon. Friend the Member for Witham (Priti Patel) for her excellent work as Home Secretary previously. Could my right hon. Friend comment in more detail on the similar approach being taken to asylum accommodation by Belgium, Ireland, France and Germany, and it would seem by the Scottish Government as well?

[Robert Jenrick]

It is true, as I have said on a number of occasions, that our northern European neighbours are looking to take similar robust approaches. Ireland is considering bailing individuals to no fixed abode with vouchers to pay for their immediate needs, as I understand it. Belgium has seen tented communities arise and is using hostels akin to homeless shelters. The Danes have said, I think publicly, that the Rwanda policy of my right hon. Friend the Member for Witham (Priti Patel) is an interesting and valuable one at which they are looking with interest. So we are not alone and we are not unique. We are working together because there is a European migration crisis, and we have to take serious and robust decisions and make difficult choices, or I am afraid the UK will be very exposed.

Firearms Bill

Simon Baynes Excerpts

Committee stage
Wednesday 15th March 2023 Public Bill Committees

[Holly Lynch]

It is a pleasure to serve under your chairmanship, Sir Gary, in these important proceedings. I congratulate the hon. Member for West Bromwich West on the progression of his private Member’s Bill and the hon. Member for Clwyd South, who is the custodian of the legislation this afternoon. I will speak to amendments 1 to 3, which are in my name, and clauses 1 to 3.

We very much welcome the fact that the Bill will clamp down on loopholes related to miniature rifles. Clause 1 is fundamental to that; it makes limited changes to the Firearms Act 1968 by introducing a requirement for the operators of miniature rifle ranges to obtain a firearm certificate and by restricting such ranges to .22 rimfire weapons only. Clause 2 will introduce a new offence of possessing component parts of ammunition with intent to manufacture, and provides clear definitions and sentences. We recognise that the Bill follows the publication of the firearms safety consultation, which sought views on improving the controls on miniature rifle ranges. Some 73% of those who responded to the consultation agreed or strongly agreed that the operator of a miniature rifle range should be required to have a firearm certificate.

We support the legislation, but there is concern that it is very limited in scope and misses an opportunity to deliver a significant and long-sought-after tightening up of the firearms licensing regime more broadly. I have spoken to police officers involved in firearms licensing, who tell me that there are examples of miniature rifles being adapted into more dangerous weapons and used to facilitate criminality. It was felt that the requirement for someone who is operating a miniature rifle range to apply for a firearms licence should be accompanied by further conditions, in recognition of the fact that they are running such an establishment, rather than simply possessing a firearm. It was also felt that the running of the range itself should be subject to routine checks on compliance, but that is missing from clauses 1 and 2.

Generally speaking, we rightly have robust firearms laws in the UK, which have broad and enduring support. Firearms incidents are rare, but all Members will be deeply troubled by recent examples of the fatal use of firearms by licensed firearms holders. We have tabled amendments 1 to 3, while recognising the scope of the legislation, in the hope that they could be rolled out to firearms licensing more broadly. They seek to introduce sensible and proportionate changes to the licensing regime, taking into consideration the learning from recent atrocities.

Amendment 1 would ensure that a person’s social media presence was taken into account when an application for a firearms licence under clause 1 was being considered. Members will be aware of the report summarising the Independent Office for Police Conduct investigation into the prior contact between Devon and Cornwall police and Jake Davison, who committed the Plymouth mass shooting, which my hon. Friend the Member for Plymouth, Sutton and Devonport will go into in more detail. The report stated that Davison

“posted prolifically on Reddit… about incels and incel ideology”.

Although he did not express an overt wish to harm anyone, he was involved in the heavily misogynistic and violent incel online community, and

“He also discussed his poor mental health, disillusionment with life and relationships, and dislike of his mother on Reddit and YouTube.”

The report did not identify any individual instance of misconduct or poor performance from Devon and Cornwall police in relation to the vetting of Davison’s social media during the licensing process, as at that time the statutory guidance on firearms licensing included limited advice on conducting social media checks.

In its six recommendations, the Independence Office for Police Conduct stated that statutory guidance on firearms licensing should be amended

“to require that open-source research is conducted for all applications, with more intrusive checks for high risk applicants.”

Amendment 1 reflects that recommendation. Again, it is within the scope of the Bill; I hope that the Government will recognise that and adopt he amendment.

Amendment 2 states:

“Before a firearm certificate may be issued or renewed for an operator of a range or gallery under this section, the…police must meet privately with members of the applicant’s family or household before deciding whether the applicant is fit to be entrusted with”

a firearms licence. In its December 2022 report, “Firearms licensing regulations in Scotland”, following the Skye shootings, the Scottish Affairs Committee recommended that

“the UK Government change the statutory guidance on firearms licensing to more strongly recommend that police forces involve present and former conjugal partners in the application and renewal process. Echoing the system used in Canada”.

In the most recent instances of unlawful and fatal use of licensed firearms, family members of the perpetrators faced the greatest risks. Amendment 2 would place a duty on police forces to discuss the applicant’s suitability for a licence with their family members in private meetings. That would significantly enhance the referee system. The Scottish Affairs Committee report stated that it had significant concerns about the process,

“which must be addressed before it is fit for purpose.”

It noted

“concerns about applicants canvassing for referees, and lack of mandatory consultation with people close to firearms licence applicants.”

Amendment 3 is almost consequential to amendments 1 and 2, but provides for a long overdue rebalancing. It is the first ask of any police force when we raise firearms licensing with it. The Minister for Crime, Policing and Fire said on Second Reading that the Government

“have committed to consulting this year—probably in the summer or early autumn—about increasing…fees to make sure that the full costs are recovered by police forces.”—[Official Report, 3 March 2023; Vol. 728, c. 1076.]

I very much welcome that. I hope hon. Members will agree that the proposals are entirely appropriate, and that the proposals for additional checks are grounded in clear recommendations born out of painful lessons learned.

The financial implications of licensing are addressed in amendment 3. On Second Reading, the Minister revealed that as of 2 March, four constabularies in England and Wales had unacceptably high backlogs for firearms licences, including temporary licences. I suspect that resourcing is part of the challenge for forces, but do any of us constituency MPs want officers to come off the frontline, and step away from neighbourhood policing, in order to bring down the backlog in firearms licensing?

Under the amendment, only the costs of the process would be recouped, but even that would be a significant rebalancing for police forces. I hope the Government will accept the amendment. They could run a pilot scheme covering miniature rifles, with a view to considering its merit, and then extend it to all firearms. I hope the Government and the Minister are listening. We certainly welcome this Bill; we just wish there was a little more in it.

[Simon Baynes (Clwyd South) (Con)]

It is a pleasure to serve under your chairmanship, Sir Gary, and to take the Bill forward on behalf of my hon. Friend the Member for West Bromwich West. As the hon. Member for Halifax said, I am the custodian of the Bill, which is a big responsibility, and I greatly appreciate the role. I also took the Bill through its Second Reading in the Chamber on 3 March.

It is widely acknowledged that the UK has some of the toughest gun controls in the world, but it is important that the Government keep those controls under review and take action to strengthen them further when evidence suggests that that is necessary. I thank the hon. Member for Halifax for her comments. Before I speak about the clauses, I will address her proposed amendments. I value her comments, and she made some valid points, specifically about social media profiles, the chief officer meeting applicants’ families and households, and ensuring that payment equals the cost of issuing licences. I trust that the Minister has heard and taken on board those points, but given the narrow, very specific scope ofthe Bill, I question whether this is the correct place for the discussions brought about by the amendments. Amendments 1 and 2 pose wider, valid questions to explore. Amendment 3 could perhaps be covered by secondary legislation. As the hon. Lady said, these points need broader discussion, but that is not possible within the scope of the Bill and given what we hope to achieve today. However, I appreciate her bringing the amendments forward.

The clauses will further strengthen firearms controls by addressing two vulnerabilities that could be exploited by criminals, terrorists, and those with malicious intent. Clause 1 removes the exemption in firearms controls that allows a person to operate a miniature rifle range without first obtaining a firearm certificate from the local police. The Bill will place a requirement on them to obtain a firearm certificate, and they will therefore be subject to the important police checks that are done before a certificate is issued. Those checks cover the suitability of a person’s having access to firearms for a legitimate purpose—in this case, to operate a miniature rifle range—and ensure that the firearms and associated ammunition will be handled and stored safely. The firearms used in miniature rifle ranges, which are rifles chambered for .22 rimfire cartridges, must in all other circumstances be held on a certificate issued by the police. Clause 1 will helpfully clarify in law that these are the firearms used at the rifle ranges, and will bring their control in line with controls on those firearms in all other circumstances.

Clause 2 gives the police the power that they need to prevent criminals from manufacturing unlawful ammunition. The key components of ammunition are the propellant, which helps to propel a projectile from a firearm by burning rapidly, and the primer, which is an explosive chemical compound that ignites the propellant. Both are already controlled, and there are offences relating to the unlawful possession of complete ammunition. However, the police have expressed concern that these controls are not sufficient to prevent criminals from acquiring the components and going on to unlawfully manufacture ammunition. The clause will close that gap by making it an offence to possess the components of ammunition with the intent to manufacture unlawful ammunition.

I am advised that there will be law-abiding shooters who may have components of ammunition that they use lawfully, for such purposes as reloading ammunition, which they are legally able to possess by virtue of their firearms certificate. The offence in clause 2 has therefore been drafted in a way that will not criminalise such lawful activities. It requires first that the person committing the new offence has any of the components in their possession; secondly, that the person has the intent of manufacturing ammunition; and thirdly and critically, that the person would have no lawful basis for having the ammunition once it was assembled and complete. In that way, the clause ensures that those who are able to hold ammunition by virtue of a firearm certificate issued under section 1 of the Firearms Act 1968, or who are registered firearms dealers under the Act and permitted to possess or manufacture such ammunition, will not be caught by the new offence when going about their lawful activities.

This is a small but important Bill. Events such as those in Plymouth in August 2021, or more recently at Epsom College, are clear reminders that we cannot afford to be complacent about the risks that firearms can present. The Bill will seek to address two identified vulnerabilities in this country’s robust firearms controls, and it is right to take action to address those vulnerabilities. I have pleasure in presenting the Bill to the Committee.

[The Chair]

I call my constituency neighbour and good friend, Luke Pollard.

Illegal Migration Bill

Simon Baynes Excerpts

Tuesday 7th March 2023 Commons Chamber

[Suella Braverman]

We are making good progress on bearing down on the asylum backlog. We have increased the number of decision makers, we have improved the levels of productivity, we have streamlined the guidance, and we are making sure that we are processing the claims individually, on a case-by-case basis, more swiftly. That is how we will remove people from hotel accommodation and bear down on the costs.

[Simon Baynes (Clwyd South) (Con)]

I strongly support the Illegal Migration Bill, which is a major step forward in stopping the small boats. Can my right hon. Friend provide more details on how it will radically narrow the number of challenges and appeals that can suspend removal?

[Suella Braverman]

We have made it clear that there will be a duty on the Home Secretary to make arrangements for a removal, and that removal will be suspended only in the event that the claimant can establish that they face a serious risk of irreversible harm should they be removed. In all other instances, that person will be removed and they can make their claim from the safe country or the country to which they have been removed.

Firearms Bill

Simon Baynes Excerpts

2nd reading
Friday 3rd March 2023 Commons Chamber

[Simon Baynes (Clwyd South) (Con)]

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

I am honoured to speak in the Second Reading of this private Member’s Bill on behalf of my hon. Friend the Member for West Bromwich West (Shaun Bailey), who cannot be here today. The Bill seeks to strengthen further this country’s already robust firearms controls in two important but distinct ways: by introducing a new offence to combat the unlawful manufacture of ammunition by criminals; and by closing a loophole in firearms law so the operator of a miniature rifle range must first be granted a firearms certificate by the police.

The ammunition measure in the Bill helps the police tackle unlawful manufacture by introducing a new offence of possessing component parts with the intent to assemble unauthorised quantities of complete ammunition. The police have raised concerns that the component parts of ammunition are too easy to obtain and are being used by criminals to manufacture whole rounds of ammunition. It might be helpful if I briefly list and explain what the components are and how they go together to make a round of ammunition: the gunpowder, used to propel a projectile from a firearm; the primer, an explosive compound that ignites the gunpowder; the projectile or bullet; and the cartridge case.

Controls on primers are set out in the Violent Crime Reduction Act 2006. Section 35 makes it an offence to sell or purchase primers unless the purchaser is authorised to possess them, for example by being a registered firearms dealer or by holding a firearms certificate authorising them to possess a firearm or ammunition.

Controls on the possession of gunpowder are set out in the Explosives Regulations 2014. The regulations require that, with certain exceptions, anyone wanting to acquire or keep explosives must hold an explosives certificate issued by the police. The projectiles or bullets and the cartridge case are constructed of inert material. Those are not controlled, which can make the prosecution of certain cases by the police difficult. They may believe there is intent to produce ammunition unlawfully, but be unable to progress with certain criminal cases if the materials found are not controlled.

Assembly of ammunition requires various component parts to be used, including the restricted and unrestricted components. The new offence means that the police will be better able to prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present, provided that intent is shown. That will be a significant step forward in helping the police to tackle gun crime.

I turn now to the second firearms matter addressed in the Bill, the controls on miniature rifle ranges. It would be fair to say that the current exemption in law for such ranges is a lesser-known area of firearms law. None the less, it is extremely important that we improve the legislative regulation around miniature rifle ranges.

At present, section 11(4) of the Firearms Act 1968 allows a

“person conducting or carrying on a miniature rifle range…or shooting gallery”,

at which only miniature rifles and ammunition

“not exceeding .23 inch calibre”

or air weapons are used, to purchase, acquire or possess miniature rifles or ammunition without a firearms certificate. Additionally, a person can use those rifles and ammunition at such a range without a certificate.

Although the term “miniature rifle” is used in the legislation, the firearms it applies to are lethal guns and are otherwise subject to the requirement for the holder to apply for a firearms certificate in order to possess them. The existing exception in section 11(4) of the Firearms Act means that a person can purchase firearms and operate a miniature rifle range at which others can shoot without a certificate, and therefore without having undergone the usual stringent police checks on a person’s suitability or police assessment of how they will safely store and use the firearm.

The police raised concerns that the exemption is a loophole in firearms law, which is vulnerable to abuse by criminals or terrorists seeking to access firearms and side-stepping the usual robust checks carried out by the police. The miniature rifle range exemption has been in existence for many years and is used extensively by small-bore rifle clubs to introduce newcomers to sport shooting. It is used by some schools and colleges, by activity centres offering target shooting, at game fairs and in a number of other legitimate environments.

Many would be severely affected if the exemption were removed entirely, as they would no longer be able to enable newcomers to try out target shooting in a safe and controlled environment. In recognition of that, the Bill preserves the benefits that the miniature rifle range exemption offers, while bringing in the appropriate controls by making it a requirement that the operator must be granted a firearms certificate by the police, having undergone all the necessary checks on suitability, security and good reason.

The Bill also more tightly defines what may be considered as a miniature rifle by restricting them to .22 rimfire guns, which are lower-powered rifles. There is concern that the current definition in the legislation of

“not exceeding .23 inch calibre”

could allow the use of more powerful firearms, which would not be suitable for use on a miniature rifle range by an uncertificated person, even with the necessary supervision and safety measures in place.

The Government consulted on introducing these two measures in the firearm safety consultation, which ran from 24 November 2020 until 16 February 2021. I am glad to say that both proposals were supported by the majority of respondents: 62% agreed that it should be

“an offence to possess component parts of ammunition with intent to manufacture unauthorised quantities of complete rounds of ammunition”;

73% agreed

“that the operator of a miniature rifle range should be required to hold a firearms certificate”;

and 74% agreed with the proposal to define miniature rifles more tightly to mean less powerful firearms not exceeding .22 rimfire.

Several respondents to the consultation made the point that ranges or shooting galleries in which only lower-powered air weapons are used should not be affected. In other words, there should be no requirement for the operator of an air weapons-only range to hold a firearms certificate; the legislative change should apply only to the more powerful and dangerous rifles about which law enforcement has raised concerns. I can offer a reassurance that it is the more powerful and dangerous licensed firearms that are the focus of the Bill’s changes. It will not alter the position with respect to ranges or galleries that use only lower-powered air weapons, namely air rifles of no more than 12 ft lb and air pistols of no more than 6 ft lb. Air weapons are, however, subject to a licensing regime in Scotland; the Bill will not affect that regime in any way.

[Greg Smith (Buckingham) (Con)]

My hon. Friend is making a compelling case. I entirely support the Bill’s aims. Can he give a further reassurance that it seeks to close the loophole and ensure that people are properly checked before they can own and operate such ranges or weapons? In no way, shape or form does it seek to close down such ranges; it just puts better safeguards in place. Engaging in shooting sports and such activities is still fundamentally encouraged.

[Simon Baynes]

My hon. Friend perfectly sums up the Bill’s intent.

The Government response to the public consultation was published on 20 July 2022. It committed to taking measures forward on ammunition and miniature rifle ranges by making

“changes…to primary legislation…when Parliamentary time allows.”

The Bill is a consequence of that commitment to amend legislation to make our firearms laws even more robust, to tackle crime and to continue to improve public safety. I am grateful to the Minister and his officials for their help in preparing the Bill. It gives me great pleasure to commend it to the House.

--- Later in debate ---

[Simon Baynes]

With the leave of the House, I will respond to the debate.

I will be very brief, but I want to thank colleagues on both sides of the House for their support for the Bill. I thank my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) for his customary common sense, and for making the point that we are not anti-ranges but in favour of closing loopholes and increasing safety. I have to say that I was somewhat relieved to hear that he had not owned a weapon personally. [Laughter.] I thank my hon. Friend the Member for Loughborough (Jane Hunt)—from the epicentre of sport—for pointing out that we are not seeking to stifle sport, and that these restrictions are intended to create a safer environment. I thank the hon. Member for Aberavon (Stephen Kinnock) for his supportive approach. His point that laws and regulations must remain fit for purpose is of course central to our aims. He spoke movingly about the horror of gun crime, and searchingly but constructively about the details of the Bill. I thank my right hon. Friend the Minister for bringing his customary vigorous commitment and his wealth of experience to supporting the Bill and its further progress through the House, and also for doing the hon. Member for Aberavon the courtesy of answering his questions.

Finally, I thank my hon. Friend the Member for West Bromwich West (Shaun Bailey) for bringing the Bill to the point at which we have been able to discuss it today. It has been an honour for me to carry on his work in the House.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Equipment Theft (Prevention) Bill

Simon Baynes Excerpts

2nd reading
Friday 2nd December 2022 Commons Chamber

[Greg Smith]

I am grateful to my hon. Friend. He and I share a passion for farming and ensuring that farming is visible and accessible to everyone in our country. He makes an important point about people understanding how food is produced—that the chicken does not get into the plastic box on the shelves in the supermarket by magic and that the cereal does not make itself in a factory, but has to be grown somewhere first. He almost tempts me to get into the amendment I have tabled to the Levelling Up and Regeneration Bill, but I will leave that for when it comes back on Report—as I hear my hon. Friend the Whip encouraging me to do.

Coming back to the subject at hand, pre-fitting quad bikes and ATVs with the means necessary both to prevent them from being stolen and to effectively track any that are stolen will lift a huge weight off the shoulders of our hard-working farmers. The threat is well documented, and it is more widespread and organised than most think. We are not necessarily talking about a couple of opportunists who are bored and looking for something to fill their time; those who are stealing this equipment are predominantly organised criminal syndicates intent on profiteering from high-value theft.

Let me give the House an example. A prominent recent case of agricultural equipment theft saw the successful prosecution of two men for conspiring to steal agricultural global positioning systems and other technical equipment valued at approximately £380,000 from agricultural vehicles on 13 farms and estates across the county of Essex between 28 September and 27 October 2021. Following investigations by Essex police, they were convicted and sentenced to a total of six years and 10 months in prison.

This Bill will prevent the need to pursue this time-consuming and extremely costly legal process by ensuring that the quads and ATVs, and potentially further equipment in due time through secondary legislation, either cannot be stolen in the first place or, through forensic marking, are made less attractive to the would-be thieves. That case took Essex police a considerable amount of time, a lot of investigation and probably hundreds, if not thousands of hours of police time to get that fantastic prosecution. This Bill is about short-cutting that process for our police and ensuring they can get the result and get justice in much faster time.

As my hon. Friend the Member for Milton Keynes North (Ben Everitt) mentioned, Thames Valley police, my own local force and his, reported recently that officers from its groundbreaking rural crime taskforce, which I referred to earlier and which has only been in operation since April this year, has recovered more than 100 items totalling more than £1 million-worth of machinery, tools and equipment, 25% of which were related to theft. Those are investigations resulting in a positive outcome for the victim. That is encouraging and a great start, but we need to go much further and expand that excellent work beyond the individual forces. I am pleased to say that there is already strong engagement on this from both rural representative groups and local law enforcement, but we need to go further by tackling the problem at source.

A good example of the behind-the-scenes work already being done to tackle that type of rural crime is NFU Mutual’s approach, which is based on close co-ordination with national and local police forces, as well as with the manufacturing sector. The dedicated agricultural vehicle theft unit at the national vehicle crime intelligence service saw £2.6 million-worth of stolen machinery recovered in 2021, up from £2.3 million in 2020. Specific measures, such as the funding of CESAR—the construction and agricultural equipment security and registration scheme—forensic markings for 200 quads in Northern Ireland through working with Datatag and the Police Service of Northern Ireland, have contributed to a drop of nearly 20% in the cost of dealing with rural theft in Northern Ireland. Of course, other forensic-marking products and brands are available.

We need to lock in reductions, such as those of that Northern Ireland project, for the whole of our United Kingdom, and for every farm, because each suffers from the same threat. The Bill will provide the groundwork to bring down rates of theft and reduce the overall threat of theft, tackling the problem at source and building on the prevention measures that are already in place.

The cost of not doing that is clear. The CLA estimates that the average financial impact on the victim per rural crime equates to £4,800, and that figure increases each day as supply chain costs and overheads continue to rise. The value of quad bike and ATV thefts reported to NFU Mutual in 2021 was £2.2 million. Almost half those reports were received between September and December, demonstrating the extremely challenging circumstances that we are dealing with and how much is at stake for farmers as the weather begins to turn.

For the 10.3 million people who live in the countryside, this hits right at the heart of everyday life. Rural crime cannot simply sit alongside urban crime, as the CLA makes clear. Difficulties in tracking criminals over such vast swathes of countryside mean that local police forces are always faced with a uphill battle—they have to spread resources over a much larger geographical area compared with their more urban counterparts—and criminals already have a head start.

[Simon Baynes (Clwyd South) (Con)]

My hon. Friend is making an absolutely vital point. I live close to the Ceiriog valley in my constituency of Clwyd South, where there have been a lot of problems of this nature. Often, thieves come from outside the constituency. They do not come from a rural area but, in this case, from Liverpool, Manchester or Birmingham, so they are not known to the police and so on, which makes apprehending them all the more difficult. I strongly support everything he is saying.

[Greg Smith]

I am grateful for my hon. Friend’s support for the Bill. I agree on apprehending criminals and local knowledge. The evidence shows that so much of this acquisitive crime is committed by criminals who are not local to the area in which they are committing the crime. They are passing through as an organised criminal gang, which adds to the pressures on our police in apprehending them.

Close collaboration between communities and the police is also key to tackling theft, as demonstrated by the agricultural and construction equipment police unit, which, since April last year, has been central to tackling the cross-border organised crime that my hon. Friend the Member for Clwyd South (Simon Baynes) rightly highlighted. Its guiding principle is one that goes right to the heart of the Bill: cross-industry co-operation is crucial for crime prevention, and prevention is fundamentally better than the cure. Just as the vehicles themselves are important to farmers, so intelligence-sharing is essential for tackling theft. That is what the Bill enables.

Dealerships would be required by law to submit details of a vehicle’s appearance and registration and the location of its forensic marking to a central database that is accessible to all police forces right across our United Kingdom, no matter their size or scope. This would better enable officers from different forces to work together within dedicated units and apprehend the assailant in an effective and timely manner. That is an essential tool not only for police forces today, but for tomorrow and far into the future as the technology evolves and is developed further.

The use of a national database for training new officers is crucial for making the most of this opportunity, because by using and sharing data, forces can pinpoint hotspots where theft is particularly prevalent and respond accordingly in a co-ordinated way, knowing that their officers are properly trained to use and interpret those information systems. That is essential to beat the ever-changing tactics that these criminal gangs use to pursue what is becoming an increasingly sophisticated operation. They have the upper hand in more rural areas. Without the same level of CCTV and automatic number plate recognition systems in place, it can be incredibly difficult to track stolen vehicles moving through rural areas, especially under the cover of darkness. That is why the behind-the-scenes work already being rolled out not only needs to be accelerated, but formalised, and that is what the Bill does.

Before I conclude, I want to place on record some particular thanks to everyone who has worked with me and my team on this Bill. That is above all, but certainly not limited to, David Exwood and his whole team at the National Farmers Union and everyone at NFU Mutual who deals with this issue day in, day out for its thousands of members and consumers across the UK. Likewise, the Bill would not exist without the vast insight, knowledge and experience of Superintendent Andy Huddleston, whose hard work and determination as the rural crime co-ordinator at the National Police Chiefs’ Council has made this Bill possible. I also thank the many other industry-led organisations that have contributed to the preparation and research for the Bill, including the Country Land and Business Association, the Countryside Alliance, the Construction Equipment Association and the Agricultural Equipment Association among others. For his huge dedication and hard work supporting me on this Bill, I thank my senior parliamentary assistant, Ian Kelly.

It would also be remiss of me not to thank the succession of Ministers with whom I have negotiated since I came out of the ballot earlier this year, not least my right hon. Friend the Member for Croydon South (Chris Philp) on the Treasury Bench, who alongside his hard-working and dedicated officials has made himself and them available to me frequently throughout the drafting and production of the Bill, which I hope will lead to the Government’s full support for it as it passes through Parliament.

The Bill will allow my right hon. Friend the Home Secretary and future Home Secretaries to expand its scope where necessary and ensure that rural communities remain protected as the threat evolves and changes. The demand is still there for globalised criminal networks of stolen equipment and machinery, and we must continue working to break that link and to shut it down at source. That means identifying and monitoring other such industries that are vulnerable to having similar types of valuable assets stolen at large. There is just as much a threat to the construction industry and other trades. There are vast amounts of specialist equipment and vehicles found everywhere, from driveways to building sites, containing everything from power tools to excavators, all of which are at risk of being stolen. Tackling it will require a cross-departmental effort, just as it requires a cross-border and cross-community approach to tackle it on the ground, but we have a starting point.

We simply cannot lose this opportunity to build a network that will ultimately enhance safety and security for countless communities, businesses and farmers across our country. I trust that these calls for a strengthened approach to tackling the scourge of rural crime will not have gone unheard. I urge the Minister to keep monitoring this policy area closely and to continue to work with the police and the farming community. This Bill can make a difference to rural crime, and I commend it to the House.

--- Later in debate ---

[Simon Baynes (Clwyd South) (Con)]

It is a particular pleasure to follow my hon. Friend the Member for Gedling (Tom Randall). He gave an excellent speech that really went into the detail of how upsetting equipment theft is and how important it is that we try to reduce the level of theft for people running businesses and farms in our constituencies.

As my hon. Friend the Member for Southend West (Anna Firth) said in her excellent speech, which went through the various different clauses, the purpose of the Bill is to prevent the theft of all-terrain vehicles such as quad bikes. However, as my hon. Friend the Member for Gedling and other hon. Members have outlined, the Bill also provides a power for the Secretary of State to extend the legislation to

“other equipment designed or adapted primarily for use in agricultural or commercial activities”,

such as the construction sector.

So there we have it. The Bill addresses not only the rural market and rural areas, but small businesses. That fits my Clwyd South constituency well, since it has both significant rural areas and urban areas where small businesses, particularly in construction-related fields, are very important. For my constituents, this Bill is an excellent step forward in protecting their businesses. As such, I congratulate my hon. Friend the Member for Buckingham (Greg Smith) on bringing it forward. It has clearly been quite a long process. As he said, there has been a change of cast on the ministerial Bench, although it is excellent to see the current Minister in his place. He is a staunch supporter of everything we are putting forward today.

I would first like to concentrate on the second part of the Bill, which is on the protection of tradespeople. As has been mentioned, 78% of tradespeople have had their tools stolen, and only 1% is ever recovered. The Bill addresses an extremely important issue that bedevils many in our constituencies. The prominence of the second-hand tool market helps to drive tool theft across the country. Second-hand tools are more affordable and can be relatively easy to source. The second-hand tool market is not regulated, which means that sellers do not have to prove the origin of items that they are selling or evidence of original purchase. Stakeholders and those working in trades have argued that this encourages and facilitates tool theft, because it makes selling stolen equipment simple and easy. That is a major part of the problem.

Research from Direct Line insurance found that nearly a third of UK consumers have bought second-hand tools at some point. Six in 10 tradespeople have been approached by or have seen someone trying to sell second-hand tools that they suspected were stolen. That summarises the issue and the problem we are facing in the second part of the Bill.

The main part of the Bill, the beginning, looks at the farming community. My hon. Friend the Member for Leigh (James Grundy), who is not currently in the Chamber, gave an excellent speech and made reference to Chirk, where part of his family come from and where I live in Clwyd South. I made reference earlier to the Ceiriog valley, which lies close to Chirk. There, we have seen clearly the problems that many Members have outlined. We are talking about small farms, and in this case livestock—mainly sheep—farming.

I must pay tribute to my hon. Friend the Member for Milton Keynes North (Ben Everitt), who gave an excellent speech that mainly focused on arable farming. I speak as someone with some arable farming in the Maelor, but mainly livestock farming and sheep farming on the uplands, particularly in the Ceiriog valley and the Dee valley. This is the community I grew up in at Lake Vyrnwy, which lies a little way south of Clywd South, where sheep farming is crucial. For those small farms trying to look after sheep over a large upland area, a quad bike is of particular importance. The point made earlier is that small farms, some of which may be tenant farms, are particularly vulnerable. That is another reason I strongly support this Bill.

The Big Farming Survey carried out by the Royal Agricultural Benevolent Institution found that 38% of the 15,000 respondents said that rural crime was a source of stress. The explanatory notes to the Bill state:

“An estimated 900-1200 quad bikes and ATVs are stolen in England and Wales each year. Findings…showed only 22% of premises in the agriculture, forestry and fishing sector reported to protect their vehicles as a crime prevention measure.”

Clearly, the Bill is addressing significant needs. NFU Mutual published its “Rural Crime Report 2022”, which assesses the level of rural crime and the impact that it has on communities. Although it found that rural crime dropped by 9.3% in 2021, it still cost £40.5 million in the UK.

It also pointed out that, despite that decrease,

“initial indications reveal that the first quarter of 2022 has seen thieves making up for lost time over the pandemic, with costs over 40% higher than the same period last year.”

An issue that I raised earlier—which was also raised, very eloquently, by my hon. Friend the Member for Leigh—is that of thieves coming from different areas. It is a major issue for my constituents. County lines is a problem in the drugs world, but it is a problem in this world as well. Farmers, particularly those in small upland areas, really need our support, which the Bill aims to provide. As has been mentioned, my hon. Friend the Member for Buckingham introduced a ten-minute rule Bill that would require people selling second-hand tools in online marketplaces to reveal a serial number, in a searchable format, for each item. Measures of that kind are vital, helping tradespeople and protecting agricultural equipment.

The Bill will be of enormous benefit both to tradespeople and to the rural communities that characterise my constituency, and I support it strongly.

Asylum Seekers Accommodation and Safeguarding

Simon Baynes Excerpts

Monday 7th November 2022 Commons Chamber

[Robert Jenrick]

I pay tribute to my hon. Friend for the good work he did at the Department for Levelling Up in helping to establish the Homes for Ukraine scheme. That scheme established the principles that he has set out, which I think would be a better way forward for our asylum system, whereby asylum to this country would be predominantly through resettlement schemes like those for Syria, Afghanistan and Ukraine. Individuals came here through safe and legal routes, enabling the UK to prioritise those truly endangered, and ensure that those who come here illegally—for example, in small boats—find it more difficult to find safe harbour here and are returned to their home country.

[Simon Baynes (Clwyd South) (Con)]

During my brief tenure this summer as the Minister for tackling illegal migration, I visited Manston. Does my right hon. Friend agree that the staff working at Manston deserve our praise for the excellent care and attention they give in their work, particularly as it often takes place in very challenging circumstances?

[Robert Jenrick]

I thank my hon. Friend for his important short service commission this summer. We are very grateful for the work he did. He is right to say that the staff at Manston have behaved heroically. I was hugely impressed by the Border Force officers I met, the contractors, the cooks, the armed forces personnel and my Home Office officials. They have moved heaven and earth over the course of the past week to ensure that that site is returned to a safe and legal method of operation. They have always treated people with great care and courtesy, and we should all be proud of that.

Oral Answers to Questions

Simon Baynes Excerpts

Monday 5th September 2022 Commons Chamber

[Henry Smith (Crawley) (Con)]

T2.   Tens of thousands of migrants crossing the English channel in small boats is a potential security risk, increasingly unsustainable in terms of accommodation and housing, and costing the taxpayer ever growing sums. May I seek an assurance that my right hon. Friend the Home Secretary’s Department will work with the Ministry of Defence on a push-back policy, to be implemented as soon as possible, and continue to pursue the Rwanda processing plan?

[The Parliamentary Under-Secretary of State for the Home Department (Simon Baynes)]

The rise in dangerous channel crossings is unacceptable, as my hon. Friend has said. Indeed, there is a push-back policy in place. Not only are these crossings an overt abuse of our immigration laws, but they risk the lives of vulnerable people who are being exploited by ruthless criminal gangs. Our new Nationality and Borders Act 2022 is breaking the business model of these evil criminals. We have introduced tougher sentences for those who facilitate illegal entry into the country, with 38 people already arrested and facing further action since the Act became law.

[Mr Speaker]

We now come to shadow Home Secretary Yvette Cooper.

Clandestine Entrant Civil Penalty Scheme: Public Consultation

Simon Baynes Excerpts

Monday 18th July 2022 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Simon Baynes)]

The Government are today launching a consultation on reforming the clandestine entrant civil penalty scheme—part of the ambitious work to tackle illegal migration we are delivering through our new plan for immigration.

Illegal migration is facilitated by serious organised criminals exploiting people and profiting from human misery. The same criminal gangs and networks are also responsible for other illicit activity ranging from drug and firearms trafficking to modern slavery and serious violent crimes. A significant number of people, who arrive in the UK through concealment in vehicles by tourist and freight transport routes, have had their entry illegally facilitated by organised criminal gangs. Despite extensive work with overseas partners to strengthen our shared borders and enhance our strategic partnerships, this method of entry continues and endangers the lives of those involved. In many cases, this is a result of criminal gangs and opportunistic migrants taking advantage of unsecured or poorly secured vehicles to smuggle people or enter the UK illegally.

For these reasons, the UK operates a scheme to tackle illegal migration called the clandestine entrant civil penalty scheme. The scheme means that when clandestine entrants are found concealed in a vehicle, a penalty of up to £2,000 per entrant can be imposed on any responsible person connected to the vehicle in question, up to a maximum aggregate of £4,000 in total per clandestine entrant. A responsible person is defined as the owner, hirer or driver of the vehicle. The scheme applies to all vehicles, commercial and private, as well as anything that is designed to be towed or carried by a vehicle—such as trailers, caravans, containers etc. In circumstances where the driver is employed by the vehicle owner or hirer, such as an HGV, the employer is also liable for the driver’s penalty. The penalty level has not been changed for nearly 20 years.

During the financial year 2020-2021, there were 3,145 incidents where clandestine entrants were detected concealed in vehicles, despite the covid-19 pandemic causing a lower volume of traffic. This rose to 3,838 incidents during the financial year 2021-2022. The Government are therefore concerned that the scheme is not having enough of an effect, as drivers are not taking the steps required to secure vehicles, and clandestine entrants are continuing to use these routes to enter the UK.

It is for this reason that the Government committed to review and overhaul the scheme as part of its new plan for immigration. A public consultation on the new plan for immigration was held from 24 March to 6 May 2021. The Government then introduced changes to the scheme through the new Nationality and Borders Act 2022.

The changes under the 2022 Act include narrowing the statutory defences available to those who have carried a clandestine entrant. This means that where a clandestine entrant has been carried, it will no longer be a statutory defence to say that an effective system for preventing the carriage of clandestine entrants was in operation, and that person may still be issued with a penalty. However, if the person has complied with regulations to be issued by the Secretary of State, which will require them to take actions to secure their transporter, report unauthorised access and keep records to show they took these steps, this could mean the level of the penalty is reduced.

The 2022 Act also introduces a new civil penalty for failing to adequately secure a goods vehicle, regardless of whether a clandestine entrant has been found. The Secretary of State will also make regulations which set out what is meant by a goods vehicle being adequately secure and the required vehicle security standards that will determine whether liability arises under this new offence. These may include vehicle checks, reporting unauthorised access and retaining records to demonstrate steps taken.

Before any of these regulations can be made under the 2022 Act, the Secretary of State has a statutory duty to consult with such persons as she considers appropriate. The Government have also agreed to consult on the level of penalty for the new offence of failing to adequately secure a goods vehicle, with a view to bringing into operation a new level of penalty: code of practice.

The Secretary of State is now discharging these obligations through this consultation, which is designed to seek the views of all interested parties on these issues and others connected with the scheme. The consultation will run for eight weeks and will close on 12 September 2022.

Alongside the consultation, the Home Office will be running a series of engagement events to explore these issues in more detail. If you would like to join an engagement event, please email:

[e-mail].

The closing date to express an interest in joining an engagement date is 19 August 2022.

We welcome your views and look forward to hearing from you.

A copy of the consultation will be placed in the Libraries of both Houses and also made available on www.gov.uk.

[HCWS213]

Migration and Economic Development Partnership with Rwanda

Simon Baynes Excerpts

Wednesday 15th June 2022 Commons Chamber

[Priti Patel]

This is a new line of attack from the Opposition. I am not making cuts to the National Crime Agency—let me be clear about that. I am resourcing it. Labour might have forgotten that we have the Russia-Ukraine crisis under way right now. The work that we have brought forward with the National Crime Agency on the kleptocracy cell, the resources that have gone into enforcing sanctions and working with the Office of Financial Sanctions Implementation is all the work of the National Crime Agency, where we have given it resource and empowered it to go after the people who do harm to our country. Yet again, the Labour party has not supported that.

[Simon Baynes (Clwyd South) (Con)]

My constituents in Clwyd South and people across the UK are generous and welcoming to refugees, particularly those from Ukraine and elsewhere, but they have also voted consistently for controlled immigration and the right to secure borders. Does my right hon. Friend agree that we have heard no practical solutions from the Labour party to combat the problems of illegal migration?

[Priti Patel]

My hon. Friend is absolutely right. He knows how much I enjoy visiting his constituency—that part of Wales is beautiful, it really is. I know how strongly his constituents feel about the issue, and rightly so, because they want to see change. That is what this Government are committed to, and clearly the Opposition are not.