Prisons and Probation: Foreign National Offenders

Tracey Crouch Excerpts

Tuesday 12th March 2024 Commons Chamber

[Alex Chalk]

First, I commend the hon. Gentleman for visiting his local prison, as doing so is extremely valuable and I am grateful for his feedback. He raised a number of issues and I would be happy to write to him, but may I just deal with one thing in particular? We ask prison officers to do an extremely difficult job; they need to be robust, but sometimes they have to be sensitive. To assist them in doing so, we are ensuring, first, that they are paid properly, and so we accept every last penny of the Prison Service pay review body recommendation. Secondly, we are rolling out body-worn video, so that they know that if a situation looks like it is escalating, the evidence will be there—that provides a powerful deterrent effect. Thirdly, and finally, we are reducing attrition. I hope he will agree that experienced prison officers are the ones who can make those tough decisions on when to be tough and when, metaphorically speaking, to offer that hand of support.

[Tracey Crouch (Chatham and Aylesford) (Con)]

Clearly, there is pressure on the prison estate. I appreciate that some of the challenge to the Justice Secretary’s statement today is about many thinking that we are not keeping in prison people who should be there, but there is also a problem of some people being sent to prison who should not be there. He will be aware of my police officer constituent who one minute was hailed a hero for apprehending a violent criminal and the next found himself in Wandsworth prison.

There is a slight irony, given this statement, that the Government intend to put further pressure on the estate through clauses in their Criminal Justice Bill proposing the imprisonment of beggars and rough sleepers. Given what he is saying today, will he consider supporting the amendments tabled by my hon. Friend the Member for Harrow East (Bob Blackman), and supported by myself, my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) and many others from across this House, that would remove the intention to imprison rough sleepers and beggars?

[Alex Chalk]

My hon. Friend assiduously raises matters on behalf of her constituents and is going to be such a loss to this House. She indicates in that question why she will be. Of course, I cannot comment on the specific circumstances relating to her constituent, because of the independent trial process. The Criminal Justice Bill contains Home Office measures, but I will ensure that the Home Secretary is aware of the points she has raised.

Police, Crime, Sentencing and Courts Bill

Tracey Crouch Excerpts

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

[Tracey Crouch (Chatham and Aylesford) (Con)]

Thank you for your kind words, Mr Deputy Speaker. Time is exceptionally limited, so I shall keep my remarks short, but like others, I wish to extend my condolences to the family and friends of Sarah Everard.

I welcome this Bill, which draws on our manifesto commitment to make the country safer by equipping the police with the powers needed to protect themselves and the public, while strengthening sentencing laws to keep serious sexual and violent offenders in prison for longer. It is unfortunate that recent events have overshadowed the good intentions of the copious measures in this Bill, and I share the views of those in the House and outside it that we need to do more to protect women and girls. Why should we be afraid to walk somewhere or even exercise after dark? But, rather than trying to kill off the Bill, we should be working cross-party to strengthen it to that end.

I am a supporter of the police and I am afraid that I do not think we stand up for them often enough in this place. We read about the occasions when they misjudge or mishandle things, but we do not read about the 99% of the time where they silently get on with keeping us safe. Like all other key workers, our police officers have continued to work throughout the pandemic on the frontline, often being spat at and assaulted. I have many police officers living in my constituency and I am a proud aunt of a policeman. The measures in the Bill will better protect them and other emergency workers, not least by doubling the maximum sentence for assault on emergency workers, which is much overdue.

I am delighted that the Bill includes measures to extend the positions of trust provisions to include those who coach, teach, train or supervise in sport or religion. This has been a long process, but I am exceptionally grateful that this Home Secretary and Justice Secretary have listened to me, the hon. Member for Rotherham (Sarah Champion), Baroness Tanni Grey-Thompson, the National Society for the Prevention of Cruelty to Children and, most importantly, the brave victims who spoke out about the abuse that they suffered at the hands of their coach or religious leader. The need for change has finally been accepted.

There is so much that I could speak about in this 296-page Bill, but I just want to mention two things. First, my local council very much welcomes the Bill’s provisions that deal with illegal encampments, but Medway Council has requested that an amendment is added that gives local authorities the powers to seek recovery costs for the damage caused. As challenging as this may be in practice, concerting the power that enables them to do so is something that I am willing to table, and I hope that the Government will seek to support it. The second point, which was raised eloquently yesterday by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), is the need for a specific offence and stronger punishment for pet theft. There has been an extraordinary and worrying rise in the theft of dogs, and many of my constituents are fearful for their beloved pets, so using this Bill as an opportunity to strengthen protections is essential.

Given the time, let me conclude by saying that there is so much more that I could add, but this is a good Bill, albeit with plenty of scope for improvement and for new things to be added to it. First and foremost, I look forward to supporting it in the Lobby tonight.

Probation Services

Tracey Crouch Excerpts

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

I pay tribute to the work of Baroness Corston, which has informed policy over many years. I know that she would welcome the female offenders strategy, which enjoyed cross-party support in 2018. We are now putting that into implementation. I have announced a centre in Wales, which will really help to provide that small-scale residential but secure environment. I am keen to try to replicate that wherever possible. I have to work within a budget, but, as I have announced, it has seen an overall increase, and I want to make sure we can drive that forward in a way that I think the hon. Lady will applaud.

[Tracey Crouch (Chatham and Aylesford) (Con)]

The Secretary of State has acknowledged today, as he did last year, that the employee-owned CRC in Kent is an example of good practice and innovation, and it has rightly received national and international recognition. Given the ambitious timetable that he has set out, will he confirm that he remains committed to a mixed market, so that the likes of our employee-owned CRC can continue to make a positive contribution to delivering services that matter in terms of keeping my constituents safer and helping to change lives?

[Robert Buckland]

I am grateful to my hon. Friend, who has consistently raised these issues in the past year to 18 months. She is right to hold me to account on that need to maintain a mixed economy approach, to harness the excellent work of the employees that she talks about in the new structure and to make sure that that initiative—that sense of personal ownership of the programmes—is not lost as we make that transition. I am grateful to her.

Oral Answers to Questions

Tracey Crouch Excerpts

Tuesday 9th June 2020 Commons Chamber

[Lucy Frazer]

Those are two important points. On education, I completely agree with the hon. Lady that education is important to the reduction of reoffending. As I mentioned, we have set out in our national framework what provision we can bring back safely, and in the first phase we will bring back education in the youth estate. On testing, we already have some testing of prisoners in prisons, and testing is available to our staff. We will roll out increased testing in prisons as matters progress.

[Tracey Crouch (Chatham and Aylesford) (Con)]

In Kent, Surrey and Sussex, the rehabilitation and education of offenders continues once they are released from prison, thanks to our excellent community rehabilitation company, which has also altered its practices to ensure that it can maintain some level of contact throughout the covid pandemic. In May, the CRC contacted the Ministry of Justice contract managers to ask whether a temporary change to unpaid work rules could be implemented in order to deploy people sentenced to community payback with small farmers and help with the Pick for Britain initiative. Such a change could provide an estimated 190,000 hours of work. Has the Minister had the opportunity to talk to colleagues in the Department for Environment, Food and Rural Affairs about that suggestion, which would not only help offenders to complete their rehabilitation but benefit our farmers, who are desperate for workers?

[Lucy Frazer]

My hon. Friend and other Members who represent Kent, Surrey and Sussex work closely with their CRC. We are looking carefully at how we can support the farming industry and other key sectors at this time. In particular, we want to encourage ex-offenders into permanent agricultural employment. The Secretary of State and I have had discussions on the issue with our counterparts at the Department for Work and Pensions. The New Futures Network, which organises links between prisoners, prisons and employers, is in active discussions with the National Farmers Union.

Sports Coaches (Positions of Trust)

Tracey Crouch Excerpts

Wednesday 4th March 2020 Westminster Hall

[Tracey Crouch (Chatham and Aylesford) (Con)]

I beg to move,

That this House has considered positions of trust and sports coaches.

It is a pleasure, as always, to serve under your chairmanship, Mr Paisley. In November 2016, former Crewe Alexandra player Andy Woodward waived his anonymity to become the first player to publicly reveal that he was sexually abused as a child by former coach Barry Bennell. Woodward’s bravery led to others coming forward to speak about their experiences of shocking abuse.

Within a few days, the Football Association and the National Society for the Prevention of Cruelty to Children had set up a hotline dedicated to helping footballers who had experienced historical sexual abuse. In the first week, the hotline received nearly 900 calls. Football was in the middle of a major safeguarding scandal, but the problem was not limited to football. Athletes from different sports spoke out about their experiences of historical sexual abuse at the hands of coercive coaches or managers who were intent on getting what they wanted by using—or rather, abusing—their position of trust.

I was Sports Minister at that time, and I remember feeling an element of pride in how sport reacted to those horrific stories. The FA did what it had to do for football and the same was done for other sports. Within a relatively short time, sport as a whole, while recognising that many of the incidents in the press were historical and took place before much of our child protection legislation was in place, instigated internal changes to safeguarding practices to ensure that procedures were in place to maximise protection against abuse in sport.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on securing the debate. I took part in a 2018 debate on safeguarding children in sport when she was Sports Minister, and I was very thankful for all that she said in reply to the questions that were raised, as well as for the role that she played. I am here again to support her. Does she agree that in this place we have talked for far too long about this issue? We now need to act to ensure that the trust of no more children is abused through this loophole.

[Tracey Crouch]

I remember the debate that the hon. Gentleman mentions and to which I responded. I entirely agree that there has been far too much talk, which is why I secured this debate.

I will return to what sport was doing in 2016 and early 2017 to maximise protections against abuse in sport. As well as football, other sports—with support from Sport England and the NSPCC child protection in sport unit—also made positive changes in a relatively short time to the way that they keep their participants safe. They rightly took responsibility and took it seriously.

They asked for just one thing from the Government, which was to extend the positions of trust legislation to include sports coaches. That was a perfectly reasonable request—one with which the Department for Digital, Culture, Media and Sport agreed—but the Government have failed to deliver on that ask and, as a result, we have potentially put other youngsters at risk from abusive coaches.

Under the Sexual Offences Act 2003, it is illegal for certain professions, such as teachers, to engage in sexual activity with a 16 or 17-year-old, as they are considered a person in a position of trust. The Act proscribes a limited number of roles but does not extend into a range of non-statutory settings that may be subject to far less scrutiny than those covered by the Act.

[Carol Monaghan (Glasgow North West) (SNP)]

I congratulate the hon. Lady on securing the debate. I declare an interest as both a teacher and a gymnastics coach. The relationships that coaches of gymnastics and other sports develop with athletes can, without a shadow of a doubt, be far deeper than those of other teachers, because of the amount of time spent in their company, particularly with elite athletes. We have to get this absolutely right to protect children.

[Tracey Crouch]

As somebody who coached in football for a very long time, I understand where the hon. Lady is coming from. I completely agree that the relationships that coaches build with the people in their care as they develop in their sports journey are incredibly important. I vividly remember an email that I received from somebody after the abuse stories came to light. They were also a teacher, but they had not realised that the positions of trust legislation, under which they operated every day in their professional life as a teacher, did not extend to times when they independently stood at the side of a football pitch as a coach.

Our colleague, the hon. Member for Rotherham (Sarah Champion), has done some excellent work on this matter. The report from the all-party parliamentary group on safeguarding in faith settings should be required reading for anyone who cares about the issue.

We should perhaps reflect briefly on why we have that particular section of legislation in the 2003 Act. People who work in schools, as carers or as youth workers, will have gone through the required disclosure and barring service checks. Although some might fall through the cracks, ultimately, people who pose a known risk to children or vulnerable adults will not, if the system works properly, be allowed to work in that sector. The legislation adds an extra layer of safeguarding to prevent those in positions of trust from forming relationships with children who, although they are over the age of consent, are not considered legal adults and could be abused given the nature of the power balance.

I have spent a significant amount of my life coaching, so I can tell the Minister that I concur with sports and the NSPCC that in sport especially, but not exclusively, the elite pathway is a vulnerable area. In my view, the Ministry of Justice should have acted positively and straightaway to close as soon as possible the loophole in the 2003 Act.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Some say that because a coach has to have a DBS check, the positions of trust legislation is not necessary. Assistant coaches, however, who are supervised by coaches, do not need to undergo DBS checks and could fall through the cracks. Does the hon. Lady agree that the positions of trust legislation needs to be extended to cover those areas as well?

[Tracey Crouch]

I completely agree; DBS checks should not be the be-all and end-all. The legislation adds an extra level of safeguarding.

When I was dealing with the issue as Sports Minister, it was claimed that if the legislation was extended to sports coaches, it would also need to be extended to music teachers, private tutors or, as my hon. Friend the Member for Gloucester (Richard Graham) has called for, driving instructors. My response, as the daughter of a social worker who spent her life dealing with child sexual abuse, is, “Yes it absolutely should be.” I fail to fully understand why it should not.

[Richard Graham (Gloucester) (Con)]

My hon. Friend is making exactly the right case. I have experience of a situation in which a driving instructor had clearly groomed one of my constituents, as well as another case, which is well known to the NSPCC, in which somebody was groomed for a very long time by a sports coach who continues to offer his services.

In truth, we know from recent exposures that the problem is not limited to the UK—it happens around the world—and it is time this country set an example by changing the law. Does my hon. Friend agree that, with a new Justice Minister—my constituency neighbour and hon. Friend the Member for Cheltenham (Alex Chalk)—that would be a great step forward?

[Tracey Crouch]

I agree, and I hope that the Minister is listening and will take positive action. My hon. Friend has done amazing work to highlight the issues with driving instructors and should be congratulated on that. Concerns about the scope of the proscribed list is a poor reason to avoid taking a policy position and changing the positions of trust provisions.

Anyone in a position to influence the direction of another person’s journey through life—meaning that a power balance rests with them—should not be able to abuse that position via a sexual relationship. Someone’s place in the team or time on the pitch, or the competitions in which they are entered, should not be vulnerable to another person’s physical or emotional demands.

The legislation can be easily amended, either by adding to the list or removing it altogether. The Ministry asked for evidence of why change was required and, although evidence was provided, nothing has happened. Earlier this year, The Guardian reported that a freedom of information request had found that between 2014 and 2018, there were 653 cases in which adults who could be regarded as being in a position of trust had had a sexual relationship with a 16 or 17-year-old. Of the 495 cases in which the adult’s role was recorded, the majority were in sport, and the data showed that such incidents had increased.

Sport is doing what it can to prevent dangerous people from working with children and young adults. It has enhanced its safeguarding procedures, as part of the implementation of my sports governance code, and many use enhanced DBS checks. While the loophole exists, however, that in the eyes of the law it is deemed okay to have sex with someone over the age of 16 in your trust in sport, coercive and abusive behaviour will continue and the lives of many more youngsters will be ruined.

When I was a Minister, with the then Home Office and Justice Ministers, we agreed that that change was essential, so the inexplicable delay in implementing that ministerial direction is shameful. I understand that the MOJ is exploring non-legislative solutions but, frankly, that can never solve what is fundamentally a legal problem. It would be a shocking downgrading of the Department’s responsibilities. Guidance is not the law, in that sense.

I appreciate that the Minister was not in the hot seat when officials were finding reasons why not to do that previously, but he is now. As the hon. Member for Strangford (Jim Shannon) said, now is the time for no more dither, no more delay. We have a duty to act. This legislative loophole needs a legislative solution, and it needs to be done now.

--- Later in debate ---

[Alex Chalk]

My hon. Friend makes a characteristically pertinent point. That is a non-exhaustive list, which is an important consideration to bear in mind. The proper points that he made are not lost completely on some charging prosecutors, and that is an important part of the context.

[Tracey Crouch]

If that is the case, let us scrap section 21. Then there would be no prescribed list, and a definition of “position of trust”, which the CPS is clearly working on, could include sports coaches, driving instructors and music teachers.

[Alex Chalk]

An interesting balance has to be struck. On the one hand, this place properly might want to prescribe where that happens, allowing no discretion for the CPS, but on the other hand, there may be a relevant public policy interest in saying to prosecutors that in other cases there is wider discretion. I have already made the point that in 2003 Parliament decided to draw a distinction that appears to focus on circumstances in which the state has a particular role in caring for the individual. That is something to be considered.

In 2019 the Government, recognising the concerns powerfully and properly expressed by my hon. Friend the Member for Chatham and Aylesford, began a review of the law on such abuses of positions of trust. Notwithstanding the narrow focus of this debate—on sports coaches—concerns about scope range far wider, as indicated by my neighbour, my hon. Friend the Member for Gloucester (Richard Graham). That is why the review also took account of the IICSA report—independent inquiry into child sexual abuse—on the Anglican Church, which focused on the diocese of Chichester and the response to allegations against Peter Ball, a former bishop who in 2015 pleaded guilty to a series of sex offences. Recommendation 3 of that report stated:

“The government should amend Section 21 of the Sexual Offences Act 2003 so as to include clergy within the definition of a position of trust. This would criminalise under s16–s20 sexual activity between clergy and a person aged 16–18, over whom they exercise pastoral authority, involving the abuse of a position of trust.”

Other settings might conceivably be relevant, such as youth clubs and scouts—as Baroness Blatch pointed out in 2003—and drama groups, choirs, Army cadets and learner drivers, whom my hon. Friend the Member for Gloucester has done such a good job of drawing to the attention of the House.

Ministry of Justice officials have engaged with a wide range of stakeholders across youth and criminal justice sectors, including, in the area of faith and religion, the Anglican dioceses of Chichester and Lincoln, the Board of Deputies of British Jews, Gardens of Peace, the Hindu Council UK, Marriage Care, the Sikh Council UK and St Philip’s Centre. In the sporting sector, the review team has heard from British Canoeing, British Fencing, British Gymnastics, the Football Association, the Lawn Tennis Association, the Royal Yachting Association, the Rugby Football League, the Rugby Football Union, Sport England and Swim England—I could go on.

A huge number of people have been consulted on this important issue. Officials have gone beyond those two areas to speak to youth organisations, including the National Citizen Service, the National Youth Agency, the Scouts and Volunteer Police Cadets. Those discussions were candid and wide ranging, and views were shared throughout the process. On behalf of the MOJ, I am extremely grateful to those who have given of their time for that important process.

A number of themes and suggestions emerged during the review, and it is right to note that many were non-legislative in nature. They included the better provision of education, the consideration of the effectiveness of the DBS system in practice, raising awareness and understanding of what grooming and genuine consent really look like, and the measures needed to protect young people from this type of abusive behaviour. Many measures can be taken alongside any potential changes to criminal law, which I am not ruling out at all—we will look at them very carefully. It is important to note that they deserve careful consideration.

--- Later in debate ---

[Tracey Crouch]

Before the Minister concludes, will he give two guarantees? First, will he meet the NSPCC, which is asking not for guidance but for the legislative loophole to be closed? It is the country’s largest child protection charity and it ought to be listened to with respect for the campaign that it has run for a long time. Secondly, will he listen to some audio of former athletes who were abused or were in coercive relationships with their coaches? Once he has listened to their stories and the likes of Sport England and the Child Protection in Sport Unit, perhaps he will come to a different conclusion and take a different path.

[Alex Chalk]

Yes, of course I will be delighted to meet the NSPCC. Secondly, if my hon. Friend wants to send me footage to listen to, I will gladly listen to it. My door remains entirely open if she would like to take up these matters further with me.

I invite my hon. Friend not to presuppose what road the Ministry or I am on. In the short period that I have been seized of this matter, I have recognised its urgency and pressing nature. I have, I hope, properly adverted to the fact that there are complexities that needs to be ironed out. The singular injustice to any victims would be that, in a legitimate attempt to improve safeguarding, we undermine public confidence in it. That is why we have got to get this right—because, ultimately, safeguarding young people will remain a relentless focus of this Government.

Question put and agreed to.

Domestic Abuse Bill

Tracey Crouch Excerpts

Wednesday 2nd October 2019 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

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

I am mindful of the information with which you have kindly furnished the House, Mr Speaker. You will know that historically I have been generous in accepting interventions. I will tailor my generosity today, because I want to make sure that everyone has an opportunity to take part in this landmark debate. I look around the Chamber, and in all parts I see colleagues who have made a huge contribution to getting where we are today. We still have a long way to go, but I am pleased, encouraged and proud to see parliamentarians of all colours who have put their shoulder to the wheel to tackle the challenge that we face. It is a challenge that has been too big for too long, and the Government have consistently made clear our continued determination to tackle the scourge of domestic abuse. Legislation, including the Bill, whatever its landmark status, is only one aspect of the work that needs to be done and that we are undertaking across Government to diminish the prevalence and impact of domestic abuse, and to make it clear to the public that we have zero tolerance of abusers.

This is not just a matter for the Ministry of Justice—it is for the Home Office, the Ministry of Housing, Communities and Local Government and the Department of Health and Social Care. I am glad to be supported by Ministers from all those Departments and, indeed, all of Government, as we need to put our metaphorical shoulder to the wheel. The Bill puts the needs of victims front and centre, by providing additional protections, strengthening the agencies’ response, and amplifying the voice of victims. We are determined to ensure that victims feel safe and supported, both in seeking help and in rebuilding their lives.

[Tracey Crouch (Chatham and Aylesford) (Con)]

As the daughter of a social worker who spent her entire career working alongside children and families, supporting victims of domestic abuse, may I ask the Secretary of State to join me in thanking the hard-working social workers and, indeed, police officers who are often the first line of response, as well as charities across the country who support victims of domestic abuse?

Oral Answers to Questions

Tracey Crouch Excerpts

Tuesday 13th November 2018 Commons Chamber

[Rory Stewart]

First, I pay tribute to the Public Accounts Committee for its work in looking at exactly this subject. In order to work better, we are consulting on having a closer relationship between the National Probation Service and the CRCs. Secondly, we are making sure we put much more focus on the basics, by which we mean the risk assessment, the plan for probation and regular contact.

[Tracey Crouch (Chatham and Aylesford) (Con)]

I recently visited the Kent, Surrey and Sussex CRC to see the great work it is doing to support 9,000 low-risk and medium-risk offenders across three counties, including through an excellent partnership with Buckmore Park scouts for community payback. Will the Minister join me in congratulating it on its creative partnership and holistic approach to the offender, which is bringing about positive results in rehabilitation?

[Rory Stewart]

Yes, I would like to pay tribute to that CRC, which is performing well, and to other CRCs such as Cumbria’s. I also pay tribute to the London CRC for the innovative work it is doing on knife crime rehabilitation.

Mesothelioma (Insurance Premiums)

Tracey Crouch Excerpts

Wednesday 29th January 2014 Westminster Hall

[Tracey Crouch (Chatham and Aylesford) (Con)]

You have made me feel so special, Mr Hollobone. I am delighted to be serving under your chairmanship.

I congratulate the hon. Member for Middlesbrough (Andy McDonald) on initiating the debate. Like him, I shall begin by paying tribute to the work of the late Paul Goggins, who was a fantastic campaigner on mesothelioma. I, too, went to his funeral at Salford cathedral a couple of weeks ago. It was an incredibly emotional yet wonderful occasion, on which people paid tribute to his life. Many things touched me throughout the service, but one thing that happened really made me realise the man he was. Tony Whitston, a long-time campaigner for asbestos victims, came up to me afterwards, and speaking to him made me realise that Paul Goggins had reached out beyond Parliament and beyond his own community to a much wider community. He was very well known for fighting many causes, but this is one for which he and I shared a great passion. It still feels bizarre that we are having a debate in the House on mesothelioma and he is not here. I still keep looking out for him in Portcullis House, as I am sure many colleagues do, wondering what he is going to say and what he is going to contribute on issues such as this.

I am sure that if Paul Goggins were here, he would share my disappointment that we are even having to have this debate today. It should not be needed. It is taking place only because of what I think is a bad decision by the Ministry of Justice, whisked out in the middle of December, on its review. We should pay tribute to the Government, because they are doing some good things on mesothelioma, but to campaigners for justice for victims of this dreadful disease, it often feels as though it is two steps forward and one step back. The Mesothelioma Bill is a really good example of that. It was a good Bill, but not a great Bill. The LASPO exemption under section 48 was a really good compromise that hon. Members on both sides of the House supported, but now we are back having to debate whether sections 44 and 46 of LASPO should be applicable to people with mesothelioma. I think that we should pause for a second and consider why mesothelioma is such an important issue.

Mesothelioma is an absolutely dreadful disease. It is nasty. People die from it very quickly and they contract it through no fault of their own. People can get mesothelioma only through exposure to asbestos—there are no other causes—and they are most likely to have been exposed in their workplace. Let us be clear: this is not just about the industrial classes. This is not just about the ship laggers who were perhaps operating in Chatham dockyard, in my constituency, in the 1960s and ’70s. It is also about professionals, such as teachers. It is about people who worked in a wider environment. I am aware of an admiral who passed away because he worked in a wider dockyard environment. He was not personally working with a hammer and nails; he was not exposed extensively to asbestos, yet he died of mesothelioma. He is one of nearly 3,000 people who die every year from this disease.

Many people seek compensation through the civil claims process, but not everyone does, because the system is so complex. One in seven people who contract mesothelioma do not bother going through the civil claims process, because it is too difficult. I think we should remind ourselves of that complexity. Whether a victim is a lagger or a teacher, they are likely to have had more than one employer, which is why case law such as Fairchild and Barker exists. The previous Government passed the Compensation Act 2006, which reversed Barker, and now we have LASPO. In addition, recent rulings from the Supreme Court make deciding whether the Fairchild rule applies even more complex. An individual who contracted mesothelioma because they worked in industry, worked in a dockyard or lagged a ship has to navigate through a minefield of complex case law, and they need specialist legal help. It is not fair that they should be punished by sections 44 and 46 of LASPO when they receive such help.

[Mr Nigel Dodds (Belfast North) (DUP)]

I join the hon. Lady in her tribute to Paul Goggins, who was a tremendous parliamentarian and human being, and I agree entirely with what she has said. In my constituency and across Belfast, which has a tradition of heavy engineering in the shipyards, we have many tragic cases. More than anything, relatives and family members want an easier, clearer and speedier process, and they get terribly frustrated by the lack of clarity. I endorse entirely what she has said. The Government need to look at that, and the special exemptions must be maintained.

[Tracey Crouch]

I am grateful to the right hon. Gentleman for his intervention. As a strong campaigner for justice for victims, I found myself in a bizarre situation last year, in that I felt sympathetic towards the pre-action protocols originally proposed in the Government review, because I felt that they might speed up access to justice and make the process simpler for victims. As it happens, the Government ditched the pre-action protocols and will introduce measures that may take away 25% of a victim’s damages to fund the conditional fee arrangements and after-the-event insurance. I want to get as much money as possible to the victim as quickly as possible. As the hon. Member for Middlesbrough has said, once people find out that they have mesothelioma, they have little time left in their lives to plan for the financial security of their dependants because, very sadly, they often die quickly and nastily within six to nine months of contracting the illness. They will not be thinking about shopping around for after-the-event insurance or the best-priced legal fees when they are trying to deal with their horrible disease.

There is a slight irony in the fact that I am speaking about mesothelioma from notes written on cards sent to me—and, I assume, all parliamentarians—by Macmillan. This debate gives me a good opportunity to thank those who support victims of mesothelioma, such as Macmillan nurses. They deal with lung cancers all the time, but mesothelioma is quite possibly the worst that they have to deal with. It is an opportune moment to congratulate those who help sufferers of mesothelioma.

I return to LASPO. When the Bill went through Parliament, section 48 granted a welcome exemption from sections 44 and 46. Parliament had its say, and the House of Lords defeated the Government on the issue. Paul Goggins, who worked closely with the then Minister on the matter, and I welcomed the measure, and we sought assurances that if there were to be any change, Parliament would be given a say on it. Lord McNally, the then Minister of Justice in the House of Lords, made it clear that although commencement orders would be introduced by statutory instrument in the usual way and did not require the approval of both Houses,

“The amendment means that the commencement cannot begin on mesothelioma claims until a review has been carried out and a report published on the likely effect of the provisions on mesothelioma claims.”—[Official Report, House of Lords, 25 April 2012; Vol. 736, c. 1824.]

I argue that a proper review has not been conducted, and a report has definitely not been published. It is disrespectful to Parliament that a decision was made in a written statement that sections 44 and 46 would be applied in this way. If that assurance was not enough, I received a letter from my hon. Friend the Member for Huntingdon (Mr Djanogly), the Minister’s predecessor, which stated that the Lord Chancellor would review

“the likely impact of the reforms on mesothelioma cases and publish a report.”

We did our very best to secure the exemption for victims of mesothelioma during the passage of LASPO. We did so in good faith, believing that a proper review would take place and that we in Parliament—and those, including the victims, who have real concerns—would see the outcome of that review in a report. We have not yet seen such a report. That is unfair on parliamentarians and, more importantly, victims.

[Kate Green]

I pay tribute to the hon. Lady for all the work that she does on this issue, which I know is much appreciated by victims and their families. Does she agree that without such a report, it is impossible to make sense of any changes in circumstances that have occurred since the passing of LASPO? To observers from outside, there has been no reason for the Government’s complete change in direction.

[Tracey Crouch]

I agree with the hon. Lady. I understand that as part of the mechanism of government, reviews are often carried out, as a consequence of which changes may be made swiftly. When we have been promised a report so that we can assess whether the impact of the changes under LASPO will affect mesothelioma victims, I expect the victims, those who have contributed to the review, and parliamentarians who have spoken about the matter to have access to that report.

Although it might be too early to conduct a proper assessment of the effect of sections 44 and 46, we must be aware that the legal ombudsman has made it clear that the changes are causing considerable stress and excessive loss not only to mesothelioma victims but to other personal injury claimants. Mesothelioma victims are a special case, for reasons that have been outlined. The Government recognised that in their written ministerial statement, and the introduction of section 48 of LASPO indicated that mesothelioma should be considered differently from other personal injury cases.

I want to pick up on the written ministerial statement, which the hon. Member for Middlesbrough has mentioned. It referred to the Mesothelioma Bill, an important piece of legislation for those who cannot trace their insurer, which will be welcomed by the 300 or so victims every year who cannot get compensation through the civil claims process. LASPO is not relevant to the Mesothelioma Bill. LASPO deals with those who are going through the complex civil claims process, but the Mesothelioma Bill is there for entirely different reasons. If we continue to mix the two pieces of legislation—the Minister should listen carefully to this, because it would have a Treasury impact—we may end up providing a disincentive for people to trace their insurer because they find it too difficult to do so through the civil claims process. If they trace their insurer, they may lose 25% of their compensation as a result of sections 44 and 46 of LASPO. We want people to access the scheme for the right reasons, and those measures create a perverse incentive for people to access it for precisely the wrong reasons.

I was going to read the exact quote from the late Paul Goggins that the hon. Member for Middlesbrough used, in order to make the point that people find it repulsive that victims of mesothelioma could be asked to shop around to get the best deal from those who might represent them. However, the hon. Gentleman made that point perfectly adequately, and I hope that the Minister heard it the first time. We must acknowledge the fact that the report has not been published. We are not trying to be difficult with the Minister—I am certainly not. All I want is to put the victim at the centre of the process. To be perfectly honest, it does not feel like that is the case currently.

I am sure that the Minister is aware that over the past few years 15 people have died of mesothelioma in his own constituency. That is the 15 deaths that are registered; it is not necessarily the 15 people who have had secondary exposure, such as the women who washed overalls or the children who hugged their father when he came home from work. Of the 15 people who were registered, statistically two of them would not have bothered to go into the civil claims process because it is too complex. Those who have, I hope, have been adequately compensated for simply going to work and contracting a disease. The danger is that the legislative changes proposed on the Minister’s watch could mean that more people do not get the financial compensation they deserve, either because they do not go through the civil claims process, or because they do and are punished by losing 25% of what they should get to lawyers or insurers.

Our system should be simple, faster and better for victims. We know how many people have died of this disease so far; we do not know how many people will die of it in future. We do know, however, that they will die quickly. We also know that they will want to pass away leaving some sort of financial security for their dependents. I urge the Minister not only to publish the report—it is a moot point as to whether the process was conducted properly or whether the question asked was at all relevant to mesothelioma victims—but to halt the introduction of sections 44 and 46 until much further consideration has taken place.

Offender Rehabilitation Bill [Lords]

Tracey Crouch Excerpts

Tuesday 14th January 2014 Commons Chamber

Briefly, I fully support new clause 12, to which the hon. Member for Hayes and Harlington (John McDonnell) has spoken. It provides an important step forward. We must ensure that victims of domestic violence are not punished as collateral damage in the implementation of the Government’s proposals to reform probation. I shall not dwell on that any further other than to say that I fully accept what the hon. Gentleman said. I commend that new clause, too.

[Tracey Crouch (Chatham and Aylesford) (Con)]

I shall speak briefly to new clauses 2 and 3. I congratulate the hon. Member for Barnsley Central (Dan Jarvis) and the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) on their work. I have no personal experience in the matters raised, but I am aware of some of the issues and problems of ex-military ex-offenders from a particular project run in my constituency, so I shall speak briefly about that.

As the hon. Member for Darlington (Jenny Chapman) said, this is a hugely complex issue, and other Members have made it clear that there are multiple needs when people end up leaving the services and going into prison. It is clear that, as the right hon. Member for Dwyfor Meirionnydd said, we are not supporting those people adequately when they leave the services and go back to civvy street. Perhaps that should be the starting point. When they end up entering the criminal justice system, we need to ensure that their very specific needs for exiting prison are dealt with properly, too. That is why we need a joined-up approach.

We need to ensure that people coming out of the services do not find themselves misusing various substances, that their financial and housing needs are dealt with and that they are given support into employment. If they find themselves in the criminal justice system, they need to be given similar support. As we know from other aspects of people’s experience of leaving prison, something as simple as not having a bank account can be crucial. If they do not have a bank account, they might not get paid for the work they are doing and they might end up entering the criminal justice system much more quickly than those who do have a bank account. We need to think of this issue from an incredibly wide perspective.

It is good news that my hon. Friend the Member for Penrith and The Border (Rory Stewart) has been appointed to look at these issues. I hope he will notice the degree of party consensus and the wide and varied expertise that exist; he will, of course, take submissions from all parties and all those who have taken an interest in the matter for some time.

Let me focus specifically on people’s employment needs and on how the third or voluntary sector can help. I have seen this for myself in my constituency. Chatham and Aylesford are very different parts of the constituency and have very different needs, but on this particular project, they have combined and are working as one. Chatham has a long history and association with the military, while Aylesford is home to the Royal British Legion Industries. The RBLI has done a fantastic job over the last couple of years in trying to support ex-military ex-offenders into employment, which we know is a key part of successful rehabilitation from a custodial sentence.

The Victor project is a small-scale employment programme that assists ex-military ex-offenders into sustainable employment. The Secretary of State came to Chatham to meet people involved in the project, and I think that he thoroughly enjoyed himself and found the experience fascinating. I extend an invitation to any other Members who may wish to come down and see the work—especially my hon. Friend the Member for Penrith and The Border, who could include it in his review.

Victor began as a partnership between the RBLI, Blue Sky and Medway council, with funding from Forces in Mind. It has been co-ordinated brilliantly by the Shaw Partnership. The project, which has been operating for nearly a year, has provided six placements for ex-military ex-offenders undertaking grounds maintenance work at Medway council’s main offices in Chatham, and eight others with Veolia Environmental Services in Kent, Surrey and Essex. The grounds maintenance work would normally be undertaken by the council’s own contractor, Quadron, but Quadron has agreed to give part of the contract to the project, which is absolutely fantastic. Most of the participants are from the local prison at Elmley. This is the first initiative involving the partnership, and I believe that it is a pump primer for wider work for that group.

I think that there are initiatives out there that can really help ex-military ex-offenders to return to sustainable employment. Those whom I have met in connection with the project have described it as life-changing. They are getting up every day, and they have a routine. People are saying to them, “What you have done is fantastic: the grounds look amazing.” They are receiving the positive feedback that they need—something that they may have had when they were in the Army, or in other parts of the services—and they are being given support by a wider section of the community. I think that that is absolutely essential. If we are not giving such people the initial support that they need when they are coming out of the services, we must ensure that we give them support when they come out of prison. Very few former members of the armed forces go to prison, but they are an important few.

I am proud that the Victor project is operating in my constituency, and I hope that it will go on to greater things. I know that the Ministry of Justice is well aware of it, but I should like others to come and see it, and to think about whether it could be helpful to other initiatives. I think that, while we need to review this issue regularly, we can draw on the work of the voluntary sector.

[Meg Hillier]

I rise to speak with far less authority and experience than has been displayed by those who have spoken so far, but I am delighted to have added my name to new clauses 2 and 3, which were tabled by my hon. Friend the Member for Barnsley Central (Dan Jarvis). I speak with some experience, as someone who, as a schoolgirl, grew up in Portsmouth in the 1970s. I saw at first hand how little support was often given to people leaving the armed forces in those days. I also saw the aftermath of the Falklands conflict, when those returning from it were having to readjust to life.

I want to tell the House a story. In September, I had the privilege of meeting Harold. Harold served in the Australian air force during the second world war, and saw action in the Pacific. Harold is 90 years old. Ten years ago, he began to receive support and counselling for the experiences that he had had in the 1940s. One of my main reasons for adding my name to the new clauses is that I remember speaking to Harold and being very impressed by him, and impressed by the service that the Australians provide their armed forces. They recognised that, even so many years later, Harold still needed support.

Harold has no criminal record. He has been an upstanding member of his community throughout his life, both in the armed forces and since. However, if people like Harold are still facing problems, that explains a great deal about why ex-members of the armed forces form such a large proportion of the prison population, and why my hon. Friend the Member for Barnsley Central and other members—I welcome the Government’s review, which is to be led by the hon. Member for Penrith and The Border (Rory Stewart)—want to ensure that these problems are nipped in the bud in the case of other veterans.

Anti-social Behaviour, Crime and Policing Bill

Tracey Crouch Excerpts

Tuesday 15th October 2013 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I will not impose a time limit, but we must finish by 4.30 pm and we need 10 minutes for the Minister. I will try to get everybody in, but can we try to stick to five minutes wherever possible?

[Tracey Crouch (Chatham and Aylesford) (Con)]

I rise to address amendment 133 tabled in my name, which looks specifically at extending the Bill to include protected animals. I tabled a similar amendment—slightly differently worded—in Committee, and it has been redrafted by animal welfare charities for consideration today. The amendment is intended to be limited in scope, and would not capture a genuine, accidental attack by a dog on a protected animal—that was one concern raised in Committee. For example, some dogs chase cats or other small animals, and that would not be caught by the amendment, which refers specifically to attacks.

From previous discussions in Committee we know there has been an increase in attacks on protected animals. Charities, law enforcement agencies and the general public are concerned about the increase, yet we do not have a public record of the number of attacks and must rely on press reports. We know that there have been 66 reports of attacks—mostly fatal—on cats, including one last week, when the death of Caspar, which was devastating for the family involved, was reported in the Bolton News.

The problem is genuine for people who love their pets—it is incredibly important to them. My proposal is designed to deal not only with dog-chasing-cat events; attacks are often aggravated. The argument in Committee was that the current legislation deals with the problem, but some animal welfare charities beg to differ. For example, it is true that the RSPCA has used section 4 of the Animal Welfare Act 2006 on occasion to prosecute following dog attacks on other animals, but there is often incitement by the animal’s keeper or a history of other attacks. It can therefore be difficult to obtain information or prove a case, which means that section 4 is not a straightforward mechanism for prosecution.

--- Later in debate ---

[Tracey Crouch]

It was a pleasure to serve on the Committee that considered this Bill. It was indeed the first Public Bill Committee on which I served. After my active participation, I am in no doubt that it may well be my last! I was pleased to play a role and I think that we Back Benchers sometimes underestimate and undervalue the work we do in scrutinising legislation, which is an incredibly important aspect of our job. I am proud to have been part of a team that has, as the Minister said, improved the Bill before it goes to the other place.

I am particularly proud to have made some progress on the issue of bullying—a subject on which I feel strongly, and I believe that the House should continue to feel strongly about it. It is an issue that affects many children and their parents throughout the country. Building advice on bullying into Home Office guidance is a very positive step forward. I would have liked to see more, but that is for another day. We can continue to discuss online safety and cyber-bullying via the Select Committee on Home Affairs and the Select Committee on Culture, Media and Sport, and I have no doubt that we will come back to those issues at some future date.

As I said many times in Committee, I have a great deal of respect for the right hon. Member for Delyn (Mr Hanson), but I disagree that we should be harking back to the halcyon days of ASBOs. Although they might have started off as a very good measure for tackling antisocial behaviour, the simple truth is that the breach rates are far too high. Clearly, then, because it is broke, it needs fixing. We can argue about how best to fix it, but I think that the Government proposals will strengthen our response to antisocial behaviour.

The Minister and the House will be pleased to hear that I recently attended a residents’ meeting in Chatham at which we discussed the significantly high levels of antisocial behaviour in one small part of a ward. The police told residents that new provisions were going through Parliament as they spoke that would enable them to deal much more effectively with this problem in the future, including by ensuring some sort of community punishment. We have introduced what I consider to be sensible measures to ensure that people who commit crimes do not go into the stocks, but I can tell the Minister that my residents were very keen to put some of those perpetrators of antisocial behaviour into the stocks. I am pleased that we have amended the Bill to provide for proportionality of response, but I am also pleased that there will be an opportunity to impose community punishments such as cleaning up all the litter or getting rid of all the graffiti. That will be greatly welcomed in parts of my constituency.

I have no doubt that the House of Lords will improve the Bill further through its precise scrutiny of specific clauses, and that it will consider some of the matters raised by the right hon. Member for Delyn, including legal highs and aspects of the dog legislation with which we have dealt at such length this afternoon, not least the sentencing issues.

I am pleased to have played my part in the Bill’s passage so far, although I am not sure that the Ministers and the former Whip would be so delighted by my active participation. I think that this is a good Bill, and I look forward to its return from the House of Lords.