Corrosive Substance Attacks

Stephen Timms Excerpts

Wednesday 20th December 2017 Westminster Hall

[Stephen Timms (East Ham) (Lab)]

I congratulate my constituency neighbour, my hon. Friend the Member for West Ham (Lyn Brown), on securing this debate and I agree with every word of her informative and wide-ranging speech. I am pleased to follow the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who made the rather startling claim that we now have one of the highest per capita rates of corrosive substance attacks in the world. I think that he is right about that—I noticed that Rachel Kearton, the assistant chief constable of Suffolk police and the National Police Chiefs Council lead on corrosive attacks made exactly that point just a couple of weeks ago:

“The UK now has one of the highest rates of recorded acid and corrosive substance attacks per capita in the world and this number appears to be rising”.

That highlights the need for a rapid and effective response to this growing problem.

I have had a number of discussions with representatives of moped delivery drivers. They say that there are now parts of London where their drivers are not willing to go, because of the danger of attacks. I think that we would all regard it as unacceptable that there are no-go areas in parts of London and the UK. Significant action will be required to deal with the problem, as others have said.

On 17 July, we had an Adjournment debate on this subject. My hon. Friend the Member for West Ham contributed to that debate, as did the Minister’s predecessor—I welcome the new Minister to her post. I called for three specific actions: first, a review of sentencing for tougher, more consistent sentences when people are convicted of acid attacks. Secondly, I called for sulphuric acid—others have made this point already in this debate—to be reclassified under the Control of Explosives Precursors Regulations 2015, which amended the Poisons Act 1972, so that it would be a regulated rather than a reportable substance in the two lists that those regulations identify. That would mean that people who wanted to buy sulphuric acid would have to have a licence for that purpose. Thirdly, the possession of acid should in itself be an offence in exactly the same way that possession of a knife is an offence.

I was pleased by the Minister’s response in the previous debate on this subject. In fact, by the time we got to that debate the Government had already committed to a review of sentencing for acid attack convictions. At the Conservative party conference in October, the Home Secretary committed to act on the other two measures and to take some other actions as well. I welcome those responses but, like others in this debate, I am starting to get a little anxious about when these things are actually going to happen. Perhaps the Minister can reassure us about that when she winds up the debate.

On the review of sentencing guidelines—my hon. Friend the Member for West Ham referred to this—we have had new guidance from the Crown Prosecution Service to prosecutors, but not, as far as I know, any new guidance on sentencing. As my hon. Friend said, it is sentencing guidelines that determine or influence the decisions that judges make about sentencing. As far as I have been able to tell, we have not heard anything on that front since the Government made their commitment before our summer break. Will the Minister tell us when new sentencing guidelines will be issued, hopefully to enable more consistent and indeed tougher sentences for these offences when people are convicted of carrying them out?

On the other two measures, as my hon. Friend has said, reclassifying sulphuric acid would be a fairly straightforward thing to do with a statutory instrument in secondary legislation. I hope we can look forward to that coming forward quickly. Can the Minister indicate when that will happen? A new offence that made possession of acid an offence would, I think, require primary legislation. I do not know when a vehicle for that is likely to become available. I was under the impression that we were expecting a criminal justice Bill at some point quite soon. If there is a Bill, I hope this measure will be in it. Any information the Minister can give us about when we will get that much-needed change in the law would be of great interest to the House. In responding to the previous debate in July, the Minister’s predecessor said she would

“seek the earliest possible legislative opportunity.”—[Official Report, 17 July 2017; Vol. 627, c. 688.]

I am keen to know when that will be.

In her speech, my hon. Friend the Member for West Ham referred to our local borough’s acid sales scheme. As she said, 126 Newham retailers have participated in the scheme, which underlines the fact that retailers are very concerned about what might be done with the acid products that they sell. They are eager to take part in a scheme such as Newham’s or in other arrangements to limit the damage from the acid products that they sell. Under the Newham scheme, shopkeepers are asked to sign up to an agreement to challenge any customer who is under 25 and to refuse to sell to anyone under 21. I think the Home Secretary suggested that people could not be sold acid if they were under 18, but I think there is a strong case for making that 21. Might the Minister consider that in taking that proposal forward?

The Newham scheme involves retailers committing to challenge people under 25. It is not a ban on sales to under-25s, but a Challenge 25. Would the Minister consider such an arrangement being introduced nationally in line with the Newham scheme, which is proving a useful mechanism for starting to tackle the problems we are considering in this debate?

I have one final point to make. In opening the debate, my hon. Friend referred to Diphoterine. I have certainly seen evidence in recent months that if we can treat an acid wound with Diphoterine within literally a few minutes—a very small number of minutes—we can potentially completely eradicate the damage. If someone can get treatment with that substance within 24 hours, it can significantly reduce the damage. As my hon. Friend said, it is a costly chemical, but the benefits of its being available perhaps in police cars and certainly in hospitals would be considerable. I hope we see that initiative taken forward in response to the worrying and troubling increase in attacks that we have seen over the past two or three years.

--- Later in debate ---

[Victoria Atkins]

I am grateful to the hon. Lady for her intervention, and I will move on to the more detailed points of her speech. My speech is a bit of a patchwork, and I am conscious of time. I want to allow her to respond formally to the debate, but I hope that she will glean from parts of my speech the intention of the Home Office at this stage.

We hope to announce a set of voluntary commitments shortly. They have been developed with the British Retail Consortium and tested with the Association of Convenience Stores and the British Independent Retailers Association to ensure that they are proportionate and workable for any size of retailer: large, medium and small. I encourage all retailers to sign up to those commitments once they are in place—indeed, I would be grateful if hon. Members would encourage retailers in their constituencies to sign up to them.

I also commend those retailers who have created their own voluntary initiatives. The right hon. Member for East Ham mentioned 126 in Newham, and I commend and thank them for taking such steps. But we know this has to be co-ordinated, which is why we have not only voluntary commitments but other plans further down the line. We hope that that will make a real difference on the street.

[Stephen Timms]

I have listened with great interest to what the Minister has said. Does she recognise that there is a case for making the cut-off age 21 rather than 18, which is the age the Government have referred to so far?

[Victoria Atkins]

Let me put it this way: I listened to the right hon. Gentleman with great interest, and I will certainly go back and discuss that with my officials. I will leave it there. We will work our way through that. However, I take his points, particularly about gang membership. Last week, I visited an amazing organisation called Safer London, which does a lot of work with gangs and their victims. The age profile of the people it works with is striking. I thank the right hon. Gentleman for that point.

I also thank the hon. Member for West Ham for her point about online sales. The voluntary commitment we are developing will apply to both over-the-counter and online sales. We are also in discussions with online marketplaces about what action they can take to support our action plan and restrict access to the most harmful corrosive products.

The hon. Lady and several other hon. Members asked about the licensing system. In 2015, the Home Office introduced a cohesive licensing regime for explosive precursors and poisons, including substances such as hydrochloric acid, nitric acid and sulphuric acid. We continue to review whether the restrictions in the Poisons Act 1972 need to be extended to cover other substances and, as I said, we are developing a set of voluntary commitments for individual retailers in relation to access to those products. I listened with care to the hon. Lady’s points about licensing.

The hon. Lady and the hon. Member for Sheffield, Heeley (Louise Haigh) concentrated on the Deregulation Act 2015. The Government did not remove controls on sulphuric acid through that Act. Prior to the 2015 amendments to the Poisons Act 1972, no checks were required when a business was registered with its local authority to sell sulphuric acid and other poisons. The 2015 changes placed a mandatory requirement on retailers and suppliers to report any suspicious transactions involving the listed poisons and other substances, and introduced a requirement for members of the public to obtain a licence to purchase higher-risk regulated substances. Restrictions on who could sell the most dangerous poisons, and requirements for details to be registered when they were sold, were retained. However, we understand why hon. Members posed those questions. We are all talking about trying to restrict access to these terrible substances.

We are also looking at what manufacturers can do to help, which includes looking at packaging. We have spoken to the UK Cleaning Products Industry Association and the Chemical Business Association to see how they can support the action plan. We fully recognise that we need the help of manufacturers and retailers to stop these substances from getting into the wrong hands. However, we must ensure that there is effective support for victims and survivors in the event that they do, and the action plan puts them at the heart of our response.

It is vital that appropriate support is available to victims, both through the initial medical response and beyond. In the critical moments after an attack, victims must be treated quickly and correctly. The hon. Member for West Ham made interesting suggestions about various substances that may help. We have tried to ensure that the emergency services’ response is co-ordinated. The police, fire and rescue and ambulance services have developed a tri-service agreement on responding to this sort of attack. That means that the control room has an agreed checklist to provide advice, which ensures a consistent response from all three emergency services. That agreement has been trialled in London and will be rolled out nationally. The National Police Chiefs Council has also developed training and advice for first responders and police officers about how to treat victims at the scene. The situation is very dynamic in those vital first minutes, so the more we can do to help them, the better.

We also want to try to help the public to understand what they should do if they are on the scene of this sort of incident. NHS England, along with the British Association of Plastic, Reconstructive and Aesthetic Surgeons, has launched advice to the public about what to do in the event that they are caught up in an acid or corrosive substance attack. That advice is three words: report, remove and rinse. People should report an attack to the emergency services as soon as they can, remove any garments that may be storing or have soaked up corrosive substances, and then rinse, rinse, rinse with water. Obviously, the emergency services can do more when they arrive.

This is, of course, not just about the few minutes after an attack—it is also about aftercare. The Department of Health and NHS England have mapped the specialist burns services that acid attack victims can access for treatment, which helps to ensure that there is consistent national provision for victims and their families. NHS England is also working with the British Burn Association to review all national burn care standards and outcomes to try to ensure that people are treated consistently and properly. However, as hon. Members explained, such attacks have a psychological impact as well as a physical effect. The Department of Health is engaging with NHS England’s lead commissioner to ensure that psychological support is provided to victims through all referral routes, including hospital emergency departments, GPs and ophthalmic services. We are conscious that we need to help people not just in the short term but in the longer term.

Putting the difficult medical aspects to one side, we need victims’ help to bring criminals to justice, so we want to try to ensure that victims feel as confident as possible about coming forward to report crimes and to support prosecutions. Hon. Members mentioned the disappointingly low prosecution rate. It is incredibly difficult for victims in such circumstances to find the wherewithal to stand up in court and give evidence. That is why my predecessor, my hon. Friend the Member for Truro and Falmouth (Sarah Newton), wrote to the Director of Public Prosecutions and the National Police Chiefs Council lead, Assistant Chief Constable Rachel Kearton, about the importance that police and prosecutors should place on identifying the potential need for special measures in court, to try to make victims as comfortable as possible so that they give the best evidence they can. The National Police Chiefs Council has also produced a strategy, which has been disseminated to all forces.

I was asked about Crown Prosecution Service guidance. The service has issued new interim guidance, which helps prosecutors to assess which charges to bring and how to manage such cases, and emphasises the importance of victim personal statements in all cases involving attacks with acid and other corrosive substances. I have a background in prosecuting. Although I did not prosecute this type of case, I cannot stress enough how effective a victim personal statement can be in ensuring that the victim’s voice is heard in court in the moments before a judge delivers their sentence.

We are told that the final CPS guidance will be issued in the new year. The police are also being encouraged to prepare community impact statements, which the hon. Member for Manchester, Gorton (Afzal Khan), who is no longer in his place, mentioned, to ensure that courts are fully aware of the impact of these offences on individuals and communities.

Finally on justice, the hon. Member for Sheffield, Heeley asked me about the victims law. I am told that that is a matter for the Ministry of Justice. That is not a terribly satisfactory answer, so I will write to her after I learn the status of that from the Ministry of Justice.

[Stephen Timms]

I thank the Minister for her comprehensive response. One issue I do not think she has touched on so far is the possible timing for the new offence of possession of acid. The Government made the welcome commitment to introduce that, but when can we look forward to it coming forward?

[Victoria Atkins]

We have committed to a consultation, which has just closed, and we are reviewing its results. This debate is helpful in showing the concern Members have about the need for such an offence and getting it on to the statute book as quickly as possible, but at the moment we must concentrate on reviewing the results of the consultation.

Justice cannot be secured without effective policing. The Home Office is working closely with the National Police Chiefs Council lead, Assistant Chief Constable Rachel Kearton, and the Metropolitan Police Service to ensure that the policing response is effective in preventing these crimes from happening in the first place, but, if they do happen, to ensure we provide a strong and robust response and appropriate support to victims.

In addition to the policing strategy and medical training I have already mentioned, specialist investigative guidance has been developed for officers regarding conducting the forensic search. We want to help officers understand how to recover substances and any exhibits safely and to handle them in a way that helps provide the evidence to build a case for prosecution.

The National Police Chiefs Council lead has also commissioned data from all forces to develop our understanding of the scale and extent of attacks. I know data collection has concerned hon. Members. In addition to that, the Home Office has commissioned academic research to develop our understanding of the motivations of those who carry and use acid and corrosives in violent attacks and other criminal acts. We want to use the findings from that research to help inform our prevention and enforcement responses. We very much hope to have the findings available in the middle of next year.

The last category in the four-point action plan is that of ensuring that legislation is understood and consistently applied. We have reviewed the current legislation to ensure that everyone working within the criminal justice system, from police officers to prosecutors, has the powers they need to punish severely those who commit these appalling crimes.

Hon. Members will be aware that, as we have discussed, this autumn we launched a consultation on new laws on offensive and dangerous weapons, which included proposals to prohibit sales to under-18s and to make it an offence to possess a corrosive substance in a public place without good reason. I can tell from the contributions of those present that that offence would meet with a lot of agreement in the House of Commons.

We also looked into the proposal of introducing minimum custodial sentences for those caught carrying corrosive substances repeatedly. Of course, we hope that an offender would receive a custodial sentence on the first offence anyway, but we want to make it clear that the continued carrying of such substances is not acceptable. The consultation closed on 9 December and officials are working on it carefully and quickly. We will consider the responses to that consultation in the proposals.

We have also been clear that the life sentences should be not just for the victims of these horrendous attacks. Anyone using acid or other corrosive substances in an attack has committed a very serious offence of assault and, depending on the severity of the injuries, can be prosecuted with offences attracting substantial custodial sentences on conviction, including life imprisonment for a section 18 assault—grievous bodily harm. Indeed, mention has been made of the sentence delivered yesterday to Arthur Collins of 20 years’ imprisonment and five years on licence for his appalling attack in a nightclub. May that sentence ring loud across the streets of London—the judiciary will not accept that sort of conduct in their courts.

I was asked about the Sentencing Council. It is currently developing a new guideline on possession of dangerous weapons and threats to use them. The guidelines will also take into account offences involving acid, which would be categorised as a highly dangerous weapon, given the significant harm that it is likely to cause victims. Possession of, and threats to use, a highly dangerous weapon would place the offender in the highest category of culpability. We hope to have those guidelines soon, but in the meantime the Sentencing Council has confirmed that the use of corrosive substances shows high culpability and should attract higher sentences.

I thank hon. Members again for their contributions and want to make it clear that the Government are committed to tackling the use of acid and other corrosives in violent attacks. It is vital that we work together to protect the public and prevent attacks, which is why we are working so closely with a range of partners including the police, the CPS and retailers. We will continue to review and monitor the implementation of the action plan. In addition to the action plan, the Government are committed to tackling serious violence, and that is why the Home Secretary has announced a new serious violence strategy, which will be published in early 2018. I very much see acid attacks being included as part of that strategy.

I hope that hon. Members are reassured about the progress being made with the action plan and about our continued commitment to tackle and prevent these terrible crimes. The words of Katie Piper and other victims ring loud in our ears. We will not allow these people to take victims’ identities away.