Offensive Weapons Bill (First sitting)

Tulip Siddiq Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 17th July 2018 Public Bill Committees

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

Q My question is for Mr Green. Going back to what you said about credible adults speaking to young people: in my borough we have had a number of fatal stabbings, and one of the schools now has a named police officer. Would you clarify what you think is the effectiveness of having a named police officer in a school, and whether you think every school should have them? In my experience, it worked in certain schools in our borough but not others with different ethnic make-ups. Not much trust was built with the school, because of inherent suspicions of police officers, I suppose. Have you been able to quantify the results of having a police officer in a school? Is it something you would recommend?

Patrick Green: Generally our experiences are positive. We see good relationships being built up between young people and the police officer, and the level of trust builds up. The caveat is that it depends on the police officer. Some are really good at this work, and then it works really well. You need a police officer who understands youth work and how complex that is, rather than just a police officer.

[Tulip Siddiq]

Do I have time for another question?

[The Chair]

No.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Q Mr Shah, the Bill would seek to make it an offence to sell corrosive products to people under the age of 18. Would you be concerned if the Bill did not also make it an offence to supply corrosive substances to under-18s for free, or for example to buy a corrosive substance on behalf of someone under the age of 18?

Jaf Shah: I suspect that it is quite common, so it would be a big concern. I will, if I may, briefly divert back to the point we have all been making around the public health approach and make an economic case for that: we conducted an economic impact assessment of acid attacks in the UK for six years. Acid attacks alone cost £350 million over six years. If we include knife crime and gun crime then we are looking at costs far in excess of £1 billion. That is an economic case to make a long-term public health approach a viable way of dealing with the problem.

[Tulip Siddiq]

Q Mr Owen, I was struck by what you said about safe places to stab people, and that it was on social media. I do not know what kind of relationship you have with social media platforms that promote this, and whether there is an onus on them to take responsibility for the fact that this is being advertised, and young people are being influenced by it.

Rob Owen: There is slowly, slowly beginning to be some work. The platforms they use are well known; it mainly involves two or three platforms. The Home Office are trying to engage with the issue, but there is still a lot of resistance from them. Often it is hidden, and is not obvious. The youngsters know where to go to find it, but not many others do. It is about starting to get to gritty levels where someone can flag it and it gets taken off instantly, with the process being speeded up. There are small amounts of funding going in and it is beginning to happen, but obviously it is not enough.

Offensive Weapons Bill (Seventh sitting)

Tulip Siddiq Excerpts

Committee Debate: 7th sitting: House of Commons
Thursday 6th September 2018 Public Bill Committees

[Stephen Timms]

I think that my hon. Friend the Member for Hampstead and Kilburn was about to intervene on me.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

A constituent of mine, Robert from West Hampstead, wrote to me saying that

“As a self-employed cabinet maker and a wood carver, I rely on having such tools for my business and, indeed, having them delivered to my home and place of work from time to time.”

Does my right hon. Friend agree that, although his amendment is a sensible one, it is necessary to ensure that the self-employed are not unduly caught up by this well-meaning clause?

[Stephen Timms]

My hon. Friend makes a very fair point and I have no doubt that it was instances such as that that lie behind the framing of the clause as it stands. Indeed, I myself have been contacted by a company that sells tools for hunting; I think that is right. That company asked whether my amendment would exclude the delivery of knives to sole traders—people working from home.

I must say that I have got a bit less sympathy for people who are selling knives from home than for people like my hon. Friend’s constituent, who are simply obtaining tools for their own use to pursue their occupations. Of course, if we went down the amendments 46 and 48 route, whereby such things could be supplied only to a registered business address, that would avoid the difficulty to which my hon. Friend rightly refers. The amendment 47 approach would exclude delivery to people such as my hon. Friend’s constituent, and I accept that that would be difficult to justify. That is why I made the point that I do not think that either of the two approaches I have described is the solution to the problem. The Government are right to want to restrict sales of very dangerous weapons to people’s homes. There is a bit of a loophole here, and I hope it can be addressed.

--- Later in debate ---

[Victoria Atkins]

Again, if it meets the criteria of the Bill, it will. If it does not meet the criteria, it will not. I will not go into a long speculative list of items because someone will always come up with another item that has a blade. The idea of a gang member walking down the street with a Magimix is a new one in my portfolio. I will not list items, because the wording is there in the Bill.

[Tulip Siddiq]

I understand the Minister does not want to go through an extensive list of items, but if there are household items that in the past have not had to be delivered to a post office and could be directly delivered to a house, there must be some merit in clarifying that a legislative change will mean that people who have normally had such items delivered to their houses can no longer have that. It is about public awareness, which is what I think my colleagues are getting at.

[Victoria Atkins]

It is the job of business to have that conversation with their sellers. We know already that online retailers such as John Lewis, which has signed up to our voluntary code for businesses in trying to prevent the sale of knives and corrosive substances, have stopped selling knives online because that is a business decision they have taken. For other sellers, when somebody puts an order in, they will have that conversation and say, “I’m sorry; you will have to go to the post office to pick this up.”

--- Later in debate ---

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move amendment 45, in clause 16, page 15, line 26, at end insert “for a particular lawful purpose.”

This is a probing amendment to allow debate on the appropriate scope of defences under Clause 16.

It is a pleasure to serve under your chairmanship, Mr Gray. Given the vigorous debate we have had on clause 15, clause 16 is also important, because it provides the defences to the offence that we have just been discussing. One of those defences is simply that the seller did all they reasonably could to avoid delivery to residential premises, but the other three set out circumstances in which the law will deem it justified to sell and deliver to residential premises and a defence can therefore be made.

The Minister referred to a balancing act. That is the test that we have here. On the one hand, there is clearly a concern—we have heard it today—to ensure that the defences are wide enough to protect legitimate businesses. On the other hand, there is also a concern to concern that we do not draft the defences so widely that they can be abused to avoid culpability, or in a way that means that the offence set out in clause 15 becomes worthless.

The amendment is designed to provoke discussion about whether we have that balance right. It asks a couple of immediate questions. First, why is there a particular purpose test in clause 16(3), which relates to sellers who have adapted bladed products in accordance with specific instructions, but there is no particular purpose tests in clause 16(2), where a bladed product has been designed or manufactured in accordance with specific instructions? It is not immediately clear to me why the purpose of either the adaptation or the design is relevant to one but not the other.

Secondly, does there need to be more restrictions on the range of purposes that will allow for the defence to arise? All that is required now is that it is a particular purpose. I am guessing that it is implied in law that the purpose must to be lawful—for example, adapting a blade for the particular purpose of making it more efficient as a weapon does not amount to a defence—but I would appreciate confirmation.

[Tulip Siddiq]

I am inclined to agree with the hon. Gentleman that the section could be more specific in scope. For example, if historical re-enactment is to be included as a defence, as it is in line 35, surely it will be necessary to have a comprehensive list of bladed articles associated with that activity, so that carrying them is not classified as an offence. Does he agree that the clause could benefit from greater detail and clarity over exemptions for reasonable, law-abiding people, such as the self-employed artists in my constituency who have been lobbying me on this?

[Stuart C. McDonald]

That is a perfectly legitimate question. I look forward to hearing what the Minister has to say to that. It begs the question: to what extent is there an onus on the seller to scrutinise the claimed purpose of the adaptation, be it for historical re-enactment or anything else? Is it simply a case of whether the adaptation was consistent with the claimed purpose, or is there more involved?

We have already heard about the other defence, and the specific purposes set out that would make it acceptable to deliver to residential premises—sporting purposes and historical re-enactments. It gets to the point where I wonder whether, in an ideal world, we might simply provide an exhaustive list of purposes for which it would be acceptable to deliver. I appreciate that that would not be easy, or without risks, but it might be a much clearer way of approaching the challenge. Obviously a list could be added, perhaps by statutory instrument.

The amendment flags up concerns about whether the defences will really do the job of protecting from prosecution the businesses that we do not want to be prosecuted, while ensuring that the provisions cannot be abused by those who want to do harm.

Offensive Weapons Bill (Eighth sitting)

Tulip Siddiq Excerpts

Committee Debate: 8th sitting: House of Commons
Thursday 6th September 2018 Public Bill Committees

I assume that is specifically designed with caretakers of further education institutions in mind. I just want clarity from the Minister on the meaning of “employed” for the purposes of this section. Would a caretaker be covered by the Bill if they were employed by a private contractor or an agency?

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I want to speak to the clause briefly, as it is important to my constituency. I welcome the extension of the offence of having an offensive weapon on school premises to further education premises. As a London MP, I am aware that between January and March this year, the city suffered double the number of fatal stabbings it did during the same period the previous year. Half the victims were 23 or younger, and I know from speaking to victims’ families that many were involved in further education settings. As my hon. Friend the Member for Sheffield, Heeley, has said, expanding the policy to university campuses would help tremendously in my constituency—especially in Camden, where we have a large number of university campuses, and where many of these incidents took place. Time and again, that age group suffers the worst of the knife-crime epidemic that has hit the capital.

I want to mention a few statistics from the Mayor’s Office for Policing and Crime; in our discussions of the Bill, we have not mentioned precisely the target group who have suffered most from knife crime. As has been mentioned, victims of gang-related knife crime were more likely to be male, accounting for about 88% of the total, and 76% were under 25. A significant proportion of the victims—68%—were from a black and minority ethnic background. Young BAME men between 16 and 20 account for almost a third of all victims of gang knife crime.

Library statistics show that about 1,161 individuals between the ages of 10 and 17 were cautioned for possession of a knife in the first quarter of this year, as compared with 4,062 aged over 18. That shows the purpose of expanding the number of young adults that come into the scope of the Bill, and how it is necessary. The statistics I have talked about reflect my experiences of working on these issues in Hampstead and Kilburn, where specific communities have suffered more profoundly than others—especially the Somali community in Camden, where certain families have suffered the loss of multiple family members within just a matter of months. There was a very high-profile stabbing a few months ago that many people have probably read about. It was heartbreaking speaking to the mother of the boys affected.

The Greater London Authority figures I have talked about are simply appalling; they reiterate why the clause is absolutely correct and why I support expanding the scope of the offence to further education settings. But in the process of supporting the clause—there is always a “but” when an Opposition MP speaks—I would like to pose a few questions to the Minister. In June, I attended the Regent High School with my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer). We had a discussion with students focusing on youth safety, knife crime and gun culture. The students were well aware of the horrific violence taking place in Camden, but they suggested that the Government might consider introducing a standardised educational programme, and possibly incorporating it in the curriculum.

I have a few questions on the clause for the Minister. By extending the scope of the offence, will she make a commitment that it does not warrant the end of efforts in schools by the Government? Is including lessons on violence in the curriculum something that the Government will consider? Will she also explain whether expanding the scope of the offence, as the clause does, means additional duties on local authorities? If so, will she explain whether they will be given additional resources to ensure that they can meet the challenges of clause 21?

Answers to these questions will be particularly important to Camden Council, which will be publishing the findings of its youth safety taskforce. My right hon. and learned Friend the Member for Holborn and St Pancras is involved in chairing the taskforce, which is looking at patterns of youth violence and the relationship with spending on youth services and educational settings.

The word “crisis” is overused in politics, but in London that is what we have seen with knife violence among our youth, especially our young black men. Although I have not tabled an amendment to the clause, I hope the Government will use it as a platform to launch education programmes, in all settings, that will prevent further bloodshed in my constituency and across the country.

[Victoria Atkins]

Clause 21 amends section 139A of the Criminal Justice Act 1988 to extend the offence to include further education premises. The change reflects the significant expansion in the number of students and the changes in such institutions since the law was amended by the Offensive Weapons Act 1996. The number of incidents of knife possession in education institutions other than schools is unknown because possession per se is not an offence at the moment, but the number of incidents reported in the media is low—although I know that, sadly, there is experience in some Committee members’ constituencies of such incidents. We want to give the police the powers they need to deal with an incident before it happens.

Colleagues have understandably asked why universities are not included in clauses 21 and 27. While standing by the promise I made on Tuesday to reflect further, I will explain the thinking behind that. It is that universities are generally attended by adults rather than children—in other words, people aged over 18. As such, a university can be regarded as more akin to an office or other place of work than a place where children, as strictly defined by the law, are taught. Not all parts of universities can be considered a public place—for example, halls of residence—and a person possessing a bladed article, or offensive weapon or corrosive substance, on part of a university campus that is open to public access would be caught by the existing and proposed offences.

I am conscious of the debate about keypads and stairwells and so on, and it reminds me that one of the most contentious cases in the last few decades in the Royal Courts of Justice was over the definition of a Jaffa cake. I am afraid that this is a similar sort of debate. We all know what it is and we know what we want to achieve; the issue is how we get the wording into statute in a way that can be applied properly by the courts.

I am delighted that the hon. Member for Hampstead and Kilburn and the right hon. and learned Member for Holborn and St Pancras have been visiting schools in London to talk about knife crime. Hon. Members may remember that, not long after I was appointed, I invited former gang members into the House of Commons so that we as Members of Parliament could listen to them and they could contribute their ideas about what Government and Parliament can do to help to safeguard them better. Their thoughts—delivered directly, but also delivered through the great charities we work with, such as Redthread, the St Giles Trust and Catch22—very much fed into the serious violence strategy. The hon. Member for Hampstead and Kilburn will know that, having announced in April that we were setting aside £11 million to fund early intervention initiatives, the Home Secretary doubled that to £22 million over the summer recess, because we understand the importance of this issue and want to help organisations that are doing such great work on the ground to get the message out.

Just before schools rose for the summer holidays, I wrote to headteachers across the country and invited them to encourage their teaching staff to talk to children about knife crime before the holidays. We were conscious that sadly, summer holidays sometimes mean that children find themselves in very damaging situations. I do a lot of work on the curriculum with my colleagues in the Department for Education, and gangs and their impact form part of the latest safeguarding guidance from the Department. That issue is also addressed through the serious violence taskforce, which brings together the Home Office, all other Government Departments, senior Ministers, the Mayor of London, chief constables, police and crime commissioners, charities, healthcare providers, and so on. That taskforce is doing a great deal of work on what more we can do through early intervention to help children at an earlier stage.

This summer, we announced the results of the continuing anti-knife crime community fund, which is having a real impact on smaller charities in local areas that are working on the ground with children to safeguard them and lead them away from paths of criminality.

[Victoria Atkins]

Just that we have been troubled by this definition of a “public place.” Having listened to the submissions made through the Committee, we will look at the issue again, but this is a difficult area, because higher education premises tend to be frequented by people who are adults in the eyes of the law. Of course, if an adult walks around with a knife or does anything worse with it, that is already caught by the existing legislation, but higher education premises are a grey area, as are stairwells in communal housing. I will see whether we can do anything more that will withstand any challenge through the courts.

[Tulip Siddiq]

When the decision was made to not include university premises, was any consultation done with deans, chancellors or safety officers on university campuses, for example?

[Victoria Atkins]

I do not know the answer to that question on the spot, but I am sure we can write to the hon. Lady. I just wish to emphasise that it is difficult to pinpoint where is public and where is private in an area such as a university.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 22 ordered to stand part of the Bill.

Clause 23

Prohibition on the possession of offensive weapons: supplementary

Question proposed, That the clause stand part of the Bill.

Offensive Weapons Bill

Tulip Siddiq Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 28th November 2018 Commons Chamber

[Louise Haigh]

My right hon. Friend is right. After eight years of cuts to frontline policing, the Government have slapped on another £465 million cut by 2022, which we have been warned will cut another 10,000 police officers from our communities. It is completely intolerable.

New clause 6 would release the Home Office evidence—that we know exists, thanks to leaks—to public scrutiny. We know that Home Office officials believe that the reduction in police numbers has led to a reduction in so-called hotspotting and to an increase in violent crime.

But of course this is not just about police numbers; we need a wholesale review of the impact of the Government’s austerity agenda on the vital safety nets that keep our communities safe and the consequent impact on rising crime levels. The now famous example of where we have seen a successful approach is on our doorstep in Scotland, where a 20-year strategic approach was taken to reducing youth violence. That is what is required, as opposed to the Government’s strategy, which uses the rhetoric of early intervention and prevention but represents at most a three-year strategy.

The amendments in my name and those of my hon. Friends seek to strengthen and improve the weak legislation before us today. They seek an evidence-based response to the long-term trend in violence that we are witnessing as a result of this Government’s austerity agenda. We hope the Government will accept that much more needs to be done if we are to prevent any more young lives from being needlessly taken and will accept the amendments in our name.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I rise to speak in support of my new clause 26, and I thank my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) for her support in that. I also, surprisingly, thank the hon. Member for Bexhill and Battle (Huw Merriman) for his support for the amendment, although I am disappointed that he did not say that I am one of the nicest people in the House—perhaps I can prove that to him afterwards.

Some Members have already referred to the Metropolitan police video that went viral showing officers tactically nudging criminals off their bikes in the height of chase. Regardless of whether people support that police strategy, the strength of feeling on this matter is demonstrated by the fact that the video was retweeted thousands of times and appeared on the front pages of the papers. That is because so many people have been, or know someone who has been, a victim of crimes committed by people on mopeds.

Criminals use mopeds because of the element of surprise it gives when attacking the victim, the victim’s helplessness when hit by someone on a moped, and the speed at which the criminal can get away, which makes it particularly effective for theft. Constituents in Hampstead and Kilburn have told me that they are now scared to walk down the street either talking on their phone or showing any of their possessions because they fear someone on a moped snatching those items away. I speak today to give those people a voice and to speak up on behalf of those who believe that the existing legislation to deal with such crimes is no longer sufficient.