(2 years, 2 months ago)
Commons ChamberI am grateful to my right hon. Friend for raising that point. We are encountering a rapidly changing world of deepfake images that can be used for the purposes of manipulating voices to try to influence political attitudes and choices. I have to make it clear that the new clause is confined only to the creation of sexually explicit images. However, it is my hope, humbly expressed at this Dispatch Box, that it may provide a gateway and lever for the development of more law in this area, and I thank her for her intervention.
I particularly thank the Minister for this new clause. It obviously only covers adults, because producing sexual content of children is already illegal, but I am told that since the Government announced their intention to move the new clause, Apple and Google have already removed from their app stores a number of apps that were enabling users to produce deepfake nudes. Those applications have been used to create indecent images of children, as well as of adults. Disabling those apps has already helped to keep the public safe and to significantly improve the safeguarding of children. Just by tabling the new clause, the Government have already forced the industry to act in the UK.
That is music to our ears. It was not lost on us that, within days of making the announcement, two of the major deepfake or nudify sites had blocked access to UK users in anticipation of the fact that even the act of using that site would become a criminal offence under our impending legislation.
Before speaking to new clauses 25 and 26 in my name, I want to say that it was a huge honour and privilege to serve in Committee, where we did a huge amount of work on the Bill. We can all see elements of the Bill that affect our constituencies. In Chelmsford, outlawing the scanners that thieves use to intercept car key signals so that they can drive away with our vehicles is welcome. Essex’s police and crime commissioner has campaigned for the new knife crime laws. Along with others, I have campaigned and lobbied the Minister for the amendments she tabled on spiking. I also support the amendments before us today on a huge range of matters, including the ones on dangerous cycling, cuckooing and revenge porn.
This shows the Bill’s incredibly wide scope, which provides an opportunity to update crucial laws in so many areas. Faint-hearted or cowardly Ministers would not have given us a Bill with such broad scope. They would have shied away from it, fearing having so many amendments and so many areas of controversy. They would have feared colleagues tabling amendments to play political games, and they would not have taken the risk. Ministers have done the right thing by introducing a Bill with such broad scope. They recognise that even the best laws sometimes need a fresh pair of eyes, because situations change, and they want our laws in this country to be the best they can possibly be. I thank them for not shying away from the work and for being so brave in allowing these discussions to happen.
My amendments are far from playing political games. They propose extremely important laws to protect children from the vilest of vile crimes—child sexual abuse and, particularly, online child sexual abuse. There is a good reason why, for so many decades, it has been illegal for people to have images of child sexual abuse on their computer, because we know that people who look at this sort of content are more likely to step from the visual world into the real world to abuse children. I would argue that people who abuse children in the virtual world are even more likely to go on to abuse real children.
New clause 25 would update our laws on paedophile manuals to include AI-generated material. New clause 26, which would also update the law for the rapid evolution of AI, would make it illegal to use digital tools such as bots or avatars to simulate sexual communication with a child. This would include acts such as creating a bot or avatar to rape a child in the digital world.
I thank the Internet Watch Foundation for its work on these new clauses, which are supported by the police lead on child sexual abuse and others. Artificial intelligence is developing extraordinarily rapidly. There has been an explosion in AI content, and the consequences of that in the dark world of child sexual abuse are devastating. AI-generated images are becoming so widespread on the internet that when the IWF conducted a snapshot study between September and October of just one dark web forum, it discovered that more than 20,000 AI-generated images of child sexual abuse had been uploaded in just that one month on that one forum. These images are now so realistic that it is incredibly difficult for law enforcement agencies to tell the difference between real images of real children, who need real safeguarding, and those that have been generated using AI.
I turn to new clause 26. Under section 15A of the Sexual Offences Act 2003, it is an offence to communicate sexually with a child. The new clause creates a new offence of simulating sexual activity with a child; this includes using, creating or sharing bots or other tools to simulate sexual communication with children. I am told that in online paedophile communities there is always a desire to utilise technology to bring the fantasies of child sexual abuse closer to a reality. The evolution of AI technology is seen as the ultimate solution—it is grim; it allows child abusers to feel as close to the sensation of interacting with and abusing a real child as possible without actually committing the physical act of abusing a child. However, just as we know that a person who regularly views image of CSA is more likely to sexually abuse a real child, it is absolutely clear that a person who abuses a virtual child, or directs an online companion or bot to do so, is much more likely to go on to abuse a real one.
My right hon. Friend is dealing with an issue that demonstrates the type of issue pervading all of this Bill. Again, I pay tribute to all the people who served on the Bill Committee and dealt with such a difficult range of issues, as they have done a great service to our House.
On behalf of all of us who served on the Committee, I thank my right hon. Friend for that. I should say that the Ministers and shadow Ministers did a huge amount of work on the Bill.
To put it simply, the online act of abuse lowers the bar to physical offending. There is huge concern regarding the development of AI chatbots and the ease, speed, and quality with which text-to-image-based generative AI tools have been developed. Furthermore, it is important to recognise that this is becoming a risk to massive numbers of children. The National Crime Agency estimates that approximately 680,000 to 830,000 people in the UK—between 1.3% and 1.6% of the adult population—pose some form of sexual threat to children.
Android and iOS app stores have a plentiful supply of AI companion apps. They enable the user to create an imaginary online friend, to choose what that friend looks like and to direct what they do. The three largest apps have already received well over 1 million downloads each. Within minutes of downloading one of these popular apps, law enforcement operatives were able to have an interactive communication with an AI chatbot discussing the abduction, sexual abuse, torture and murder of an eight-year-old girl.
Furthermore, through monitoring offender discussions online, we know that technically capable users are actively building AI chatbot companions specifically for the purpose of having realistic, paedophilic role-plays involving AI child avatars. Ian Critchley, the national police lead on child protection, has warned that the metaverse creates a
“gateway for predators to commit horrific crimes against children”.
There are many stories of child avatars having been subjected to the most hideous of rapes. In evidence to the Education Committee, of which I am a member, the Children’s Commissioner described a child who had
“virtually experienced being raped and sexually abused.”
She said that we must not think that that type of rape is not traumatic, just because it happens in an online world. It is traumatic. It is abuse, and it can be part of grooming. She warned us legislators to
“not underestimate the safeguarding issues”.
I listened very carefully to what my right hon. Friend said, and I agree with every single word of it. Some of this sits with the Department for Science, Innovation and Technology, as she knows, so I would need to have a conversation with the relevant Minister, but I feel as strongly as she does on this matter, and I assure her from the Dispatch Box that I will use my best endeavours.
The road traffic amendments, which I will talk about briefly, were beautifully presented during the Committee and again today. I have spoken a few times with the Members who tabled them, who are well aware that those matters sit with the Department for Transport. I understand that they have had engagement with the Department and that an important review of this issue has certainly been contemplated.
I apologise to my hon. Friend—I was briefly out of the Chamber, discussing my amendments with the Home Secretary. It is clear that AI technology is moving incredibly quickly in a vile, disgusting way that is putting children at risk of sexual abuse. Could my hon. Friend repeat the commitment she has given: that she will work with me on the two areas that my amendments have highlighted, and will work with me, the IWF and others to ensure that the issues we have pinpointed are addressed as the Bill goes through this House and the Lords?
I thank my right hon. Friend for her intervention, and I am sorry that we somehow did not manage to overlap when I made my comments about her. I thought her speech was outstanding, and I agree without hesitation: she is quite right to say that we need to future-proof our legislation. As I said, I think we are the first country—if not, we are one of the first—to put an offence on to the books relating to the creation of deepfakes, which shows that we are alive and very responsive to this issue. I will make the commitments that my right hon. Friend has requested.
To be clear, is the Minister giving a cast-iron guarantee that we will address these issues of paedophile manuals and using a chatbot to communicate sexually, including raping a child through a chatbot, by working with the IWF and others to ensure that the laws are clear, and that if necessary, there will be amendments in the Lords?
Yes, I can give my right hon. Friend that commitment.
I was interrupted, but I was briefly paying tribute to the very passionate speeches that have been made about road traffic accidents. These are not small matters—the case of the little girl in the constituency of the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) is such a painful one, and I know that the Transport Secretary and other Ministers have been very affected by it. As the hon. Member knows, this matter is not straightforward for reasons that we have discussed, but I hope progress will be made on it in a way that helps his constituent.
My right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) made an excellent speech on the offence of causing death or serious injury by dangerous, careless or inconsiderate cycling. It is not in dispute that whether a vehicle is a car, an electric scooter or a bicycle, if it is operated in a certain way, it is effectively a dangerous weapon on the road. We are supportive of my right hon. Friend’s amendment, and we will be bringing it back in the Lords; we will be changing it in the Lords, as he knows, but we are accepting it.
I think I have covered all the amendments that have been selected.
(2 years, 3 months ago)
Commons ChamberMay I just gently tell the hon. Lady that, in the last round of funding, round 4, Merseyside received £1.3 million through the safer streets fund— that was quadruple what it had received in round 3—and over half a million of that was designated specifically to CCTV and street lighting in Liverpool city centre? Round 5 should be seen in the context of record funding to the Merseyside police, who received an unprecedented uplift of £27.6 million—a 6.5% uplift. I am confident that Merseyside will still be able to deliver its schemes, including the safe home cards providing safe transport to help women get home from nightspots, in this round.
In Essex, the police, fire and crime commissioner Roger Hirst has used the safer streets money to pay for CCTV and safety measures in the Bunny Walks, to pay for safety improvements around Chelmsford Prison to keep residents safe, and more recently for CCTV cameras in Central Park and the Avenues and extra safety measures around the cathedral. Despite all this the local Lib Dems want to take credit for all of Roger’s work, so will the Home Secretary pop down to Chelmsford to come and see me and Roger and make sure we say thank you to Roger for all he has done with this Government money to keep people safe?
I thank my right hon. Friend for her question. She is correct. Roger Hirst has an exceptional track record as a police and crime commissioner. He has done outstanding work driving down antisocial behaviour and domestic burglary and the examples she gives are exactly what the safer streets fund is for: bespoke, local, dedicated services that will improve public protection. I know that Essex police have higher numbers than at any point in their 185-year history, and I will certainly urge the Home Secretary to pay them a visit at the next available opportunity.
(2 years, 6 months ago)
Public Bill CommitteesI beg to move, That the clause be read a Second time.
I did not know until moments ago, when the Minister was speaking, that we were allowed props. My phone is not a prop, but I inherited the moving of this motion about an hour ago and the prop I have is some messages that the hon. Member for Bishop Auckland (Dehenna Davison) has sent me. I signed her new clause 50 mainly because of many years of listening to her speak very compellingly about her experience as the daughter of a victim of a single-punch death. Essentially, what she has asked me to put on the record today is that the average sentence for deaths in such cases is currently only about four years, and recent sentences have been as low as two years. That is a massive kick in the teeth for the families of victims.
New clause 50 would raise the minimum sentence to seven years, although no sentence will ever feel enough —these are the hon. Member’s words, not mine. Crucially, it would also create an offence category, to help with reporting. As things stand, we do not have concrete information on how often these deaths happen and what sentences are passed. With the new clause, we are looking for clarity, but also deterrence and a sense that the sentences are commensurate with the harm caused in these cases. I shall say no more at this stage.
I, too, have spoken to my hon. Friend the Member for Bishop Auckland. I apologise that I did not sign the new clause; I wish I had.
There is clearly a gap in the criminal justice system, because so often the perpetrators of one-punch assaults are handed unduly lenient sentences that do not provide the sense of justice that victims’ families seek and that members of the public expect. That is why my hon. Friend tabled new clause 50, which has been signed by many other hon. Members. It would make one-punch manslaughter a specific offence, attracting a minimum sentence of seven years, and would ensure that these crimes are reported in a consistent way.
(2 years, 6 months ago)
Public Bill CommitteesFor nearly 10 years I have had Ministers stand in front of me and say, “We are a bit worried about” some legal word or other. How many children have died because of family court proceedings in the 10 years that we have been trying to raise the alarm? The family courts in our country will be the next Rotherham or Rochdale. State-sanctioned child abuse is going on and we all just turn a blind eye. The things that I have seen in courts are harrowing. I have watched children being removed from their loving mothers and placed fully in the care of paedophiles—proven child abusers. For me, we cannot casually sit here and pretend that that is okay.
Funnily enough, one of the people I started this campaign with, all those years ago, was the current Justice Secretary. Why is it taking so long to do something about the family courts in our country? They are actively dangerous, everybody knows it and nobody is doing anything about it. It is like the Post Office; I will not be one of those people who sat by and did nothing.
I will not press the new clause to a Division, because its scope is not wide enough and does not deal with half the harms that I see. If the Minister wants to take away the parental responsibility for children from terrorists she can knock herself out—I will support it. I will support any movement towards progress in the family court, because I have seen none. I look forward to the Government coming forward with an all-singing, all-dancing proposal that will make children safe. I beg to ask leave to withdraw the motion.
Motion, by leave, withdrawn.
On a point of order, Mrs Latham. I find it really hard to hear my colleagues in this room. Could I ask you, and other hon. Members, to please speak as loudly as possible?
The Chair
I agree. I do not think the microphones are doing a very good job today, so I will try to speak up.
New Clause 5
Sexual interference with a corpse
“(1) The Sexual Offences Act 2003 is amended as follows.
(2) After section 70, insert—
‘70A Sexual interference with a corpse
(1) A person “P” commits an offence if—
(a) P intentionally performs an act of physical interference with the body of a dead person, and
(b) the physical interference is sexual.
(2) For the purposes of this section, physical interference may include—
(a) P touching the body of a dead person with any part of P’s own body, and
(b) P causing any item or substance to make contact with the body of a dead person.
(3) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 10 years.’”—(Stephen Metcalfe.)
Brought up, and read the First time.
(2 years, 6 months ago)
Public Bill CommitteesIt is a delight to see you in the Chair, Sir Robert.
I thank the Minister for her approach. I am pleased to speak to Government new clause 45 and new clause 15, which offer important updates to the language and content of the Offences against the Person Act 1861. After so many years of deliberation, I am glad that the Government have constructively concluded that legislative action is needed to protect victims of spiking and to better ensure that the perpetrators of such heinous crimes face justice. I take the opportunity to note that since the Government’s statement in July, in which they said that they had begun to consider legislative action to introduce a specific offence of spiking in the light of concerns that continued to be expressed by parliamentarians, we have moved on significantly.
Getting to this point has been the result of determined action by Members across the House, and I am glad to have played a very small part in achieving this vital change. In particular, I highlight the sustained and sterling efforts of my hon. Friend the Member for Bradford South. Her constituents will be proud of her, and victims and their families grateful for her hard work and determination. Over the years, she has campaigned for these changes, leading a debate just last month on this very topic. I also praise my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) and the hon. Member for Gloucester (Richard Graham). I know that my hon. Friend the Member for Bradford South welcomes the changes that the Bill will make. I also pay tribute to the right hon. Members for Chelmsford and for Witham (Priti Patel), who have been involved too. I will not press my own new clause 15, given that it would, in effect, introduce what the Government have now introduced. I give further thanks to my hon. Friend the Member for Bradford South.
Spiking is an evil crime. As things stand, it is shockingly widespread in this country. A YouGov poll of 2,000 people commissioned for The Independent found that 11% of female respondents and 6% of male respondents said that they had been spiked. The problem has only been growing. Freedom of information requests submitted by Channel 4 recently revealed that the number of drug spiking incidents reported to the police has increased fivefold in the past few years.
Given that the Minister has tabled new clause 45 and that the Opposition no doubt will agree to it, I will not press my new clause 15. I thank the Minister for her efforts and I thank everyone who has been involved in this important work.
I just want to say how incredibly grateful and pleased I am to see this language before us in the Bill. As the hon. Member for Bootle just said, I am one of the Members who has campaigned on the issue of spiking for a number of years, alongside the great leadership of my hon. Friend the Member for Gloucester.
Chelmsford has some fantastic nightclubs, with a great reputation for being safe. I do not want to put people off going out and having a great time, but when spiking occurs it can have a horrific impact on the victim. We have said for a long time that the language needs to be modernised to make it crystal clear that spiking is a criminal offence, and new clause 45 does that. That helps not only to protect victims but, almost more importantly, to deter perpetrators. We want to stop the crime, so that people do not have to become victims. There are too many victims—mostly women, but it can impact men—of this crime.
Will the Minister clarify that, when it comes to how the substance is administered, the provision will cover not only a drink or a jab, but spiking through vapes, which we are hearing more about? I thank the Government for the number of measures that they have announced to go alongside the provision, such as trialling new ways to test drinks so that people can see whether something has been put in them. That would also help to eradicate this crime. We also need more public awareness so that victims know, if they have been spiked—often they are not in a condition to do anything about it immediately, as it can have such an awful impact—that something as simple as collecting a urine sample can make so much difference to getting the evidence to hold people to account.
I rise to add our support to new clause 45, which is important. Spiking is a coward’s crime, as is potting, but we know that it is a stock in trade for a very small number of people who can have a devastating impact on people’s lives. It is an exceptionally harmful and dangerous practice. I congratulate colleagues on both the Opposition Benches and the Government Benches, as well as the Government themselves, on bringing the measure forward.
Legislation is clearly only part of the process. We need cultural change and strong messages. People need to hold each other to account and tell each other how important it is not to do things like this, because they are so dangerous. The right hon. Member for Chelmsford made the important point—we will hear the Minister’s response—that, to the extent that it can be, the law should be agnostic on the method of transmission. As technology changes, those who choose to do such things for their own ends will use whatever methods they can. That spiking could be done by vaping was new to me, but it seems obvious that that would be possible. I am keen to know how the legislation can keep pace with that.
I thank the hon. Member for Birmingham, Yardley, for her passion on this subject, and for her very moving speech. She and I sat together on the Women and Equalities Committee, which took incredibly harrowing evidence from women in Northern Ireland about their circumstances. I have a very long track record—15 years —of voting on the issue of abortion, because it comes up for a vote nearly every month in the European Parliament. I always vote for the woman’s right to choose. However, I completely understand that not every parliamentarian holds the same view. It is a very sensitive and incredibly important issue.
It would not be right for the small handful of us here —there are not even the full 17 Committee members here—to have a vote that would change the law when the other 633 have not had the chance to give their view. They would consider that a constitutional outrage. I would not want those who have a view different from mine to say that we had done this incorrectly, under the cover of Committee, and not out in the open. This issue needs to be debated and discussed. A decision is needed on whether the change should be in this Bill, or whether we need a whole new Bill on abortion—we need to think about whether any of our abortion laws are fit for purpose in today’s age. However, we should not vote on this today and try to bind the other 633 Members of Parliament to what we decide in this room. I respect the manner in which this amendment was tabled, but gently request that we do not vote on it today, and ensure that it is debated properly by all our colleagues from across the House.
It is a pleasure to serve under your chairmanship, Sir Robert. My hon. Friend the Member for Birmingham, Yardley, made a detailed speech on new clauses 1, in particular, and 2, which were tabled by my right hon. Friend the Member for Kingston upon Hull North and my hon. Friend the Member for Walthamstow (Stella Creasy) respectively. We all recognise how sensitive and controversial the issue of abortion is. It is important that we get the law exactly right and ensure that any changes do not have unintended consequences. I am grateful to my colleagues for ensuring that the debate on the law around abortion remains very much a focus for us in this place as we strive to make the right changes. I commend the work of all colleagues across the House on this issue.
New clause 1 would disapply criminal law on accessing or providing abortion care from women acting in relation to their own pregnancy at any gestation, ensuring that no woman would be liable for a prison sentence as a result of seeking to end her own pregnancy. New clause 2 seeks to repeal sections 58 to 60 of the Offences against the Person Act 1861 and
“provide that no offence under these regulations or any other legislation is committed by a person complying with the requirements of subsection 1 of the Abortion Act 1967”.
The Abortion Act 1967 renders lawful activities that would otherwise constitute a crime under the Offences against the Person Act 1861. It provides criteria under which abortions or terminations can legally take place. Labour believes that abortion is an essential part of healthcare that is highly regulated. Let me make it perfectly clear today that we do not believe that women should be jailed for getting an abortion when they are doubtless at their most vulnerable. For that reason, a Labour Government will provide parliamentary time for free votes on modernising abortion law to ensure that Members of Parliament can deal with this issue once and for all.
Many cases and reasons over the years have led us to this point, but I will highlight again the custodial sentence in the case mentioned by my hon. Friend the Member for Birmingham, Yardley. It was deeply sad, and something that we do not want repeated. This mother was jailed for illegally taking abortion tablets to end her pregnancy during lockdown. The Court of Appeal reduced her sentence, and she has since been released. The original judge decided that she should serve half her 28-month term in custody and the remainder on licence, but the Court of Appeal reduced the term to 14 months suspended. Dame Victoria Sharp KC, who heard the appeal, rightly noted that—we have heard this already this afternoon, but I make no apologies for repeating it—this was a case that called for “compassion, not punishment”. Carla Foster pleaded guilty to a charge under section 58 of the Offences against the Person Act 1861—administering drugs or using instruments to procure abortion—a plea accepted by the prosecution. As we have heard, she will carry that record throughout her life. Dame Victoria told the court that “no useful purpose” was served by detaining Ms Foster in custody and added that her case had “exceptionally strong mitigation.”
The Government have put forward an amendment to the 1861 Act in relation to the administering of harmful substances. We have just debated that and can all welcome that amendment, but it gives rise to the question: why have the Government not proposed any modernisation of the abortion offences, including the sentencing range? We are talking about a very similar provision of the same Act. Can the Minister say why the Government are not taking this opportunity, while the matter is under the spotlight and the subject of important debate, to remove custodial sentences?
We know that there are strongly held views on abortion—I have said that already—but it is rightly a matter of conscience for Members. The threat of prosecution is a real fear for women, and very sadly it is a fear that deters doctors from wanting to enter this fundamental area of women’s healthcare. It may help the Committee to know that health professionals, in the shape of the British Medical Association, support action, too. The BMA’s brief said that abortion should be regulated in the same way as other clinical procedures that are subject to an extensive range of professional standards, regulations and criminal and civil laws, but it stresses that it does not support criminal sanctions for women who procure and administer their own abortion, or for health professionals administering abortions in the context of their clinical practice.
I await with interest the Minister’s response to Committee members’ comments and those of the BMA. Specifically, I would like to know what action the Government plan to take to stop women being jailed for this offence. I am well aware that Members from across the House have been working together in an attempt to get this right and may well table a different amendment on Report. What discussions has the Minister had with Members? Is she open to further discussions? Is there any prospect of the Government bringing forward their own clause to right this wrong? She knows, as I do, that we must take action. There is a clear consensus on this.
(2 years, 6 months ago)
Public Bill CommitteesThe Minister is making an important point. An excellent point was also made by my hon. Friend the Member for Meon Valley on the importance of prisoners being close to their family.
There is a very busy local prison in my constituency of Chelmsford. From time to time, I get the prison governor and other experts explaining to me that sometimes it is important to split people up. For example, if people have come from the same criminal gang or opposing criminal gangs, it can be important to move them so that they are not all in the same prison. There are parts of the country where getting “overseas” can sometimes be easier than visiting a family member who may, for example, be a long distance away in our own country. Sometimes, cases are different and are not about making sure that the prisoner stays in the local prison. That might not provide the best circumstances for that prisoner’s rehabilitation.
I thank my right hon. Friend for her intervention. She is quite right. I will try to distil her point. I expected the challenge from the Opposition this morning about the circumstances of each prisoner being vital—whether they have family or connections—but it is true, as she said, that some prisoners will not have family or connections; there may be different imperatives. Obviously, we would be looking precisely at considerations of that nature before making a decision about prison transfer.
It is not possible to say that every prisoner needs to be imprisoned locally or is going to be the primary carer for all their children. Look at how decisions on the deportation of foreign national offenders are made by the immigration appeal tribunal: if an offender who has committed a serious offence tries to rely on the fact they have children in the UK, the tribunal will very often say, “You have already abandoned them because you were in prison for 10 years.” Some of that claim is lost anyway.
(2 years, 6 months ago)
Public Bill Committees“Proportionality” is the exact word here. It is about finding balance, as I say, between individual liberty and our collective safety. If we are saying that, in all instances where the police have a photo of a possible offender, we have complete comfort about their searching the entire DVLA database to try and identify that person—well, that is a very significant change. I would argue strongly that that is different from saying, “Well, we think we might know who it is; let’s apply for the driving licence of an individual.” I think that the public would see a big difference.
The issue becomes even more important given the pace of technological change; we have been talking about retrospective facial recognition technologies here, but live facial recognition technologies are developing at breakneck speed: cameras can scan huge crowds of people, check who they are and flag persons of concern. The Minister, I think, has a degree of enthusiasm for that technology; it is a plank of his plans around violence against retail workers, and shop theft more widely.
I recently visited South Wales police because I wanted to understand the use of this technology. With your indulgence, Ms Bardell, I will take this opportunity to put on the record my thanks to the police and crime commissioner for South Wales, Alun Michael, for his work. He is stepping down from public office at May’s elections after more than half a century in different posts. He has sat in the chair that I occupy; he has sat in the chair that the Minister occupies; he has sat in Cabinet, and he is one of the few PCCs to have served the entire 12 years of that post’s existence. His is a life of extraordinary public service to the UK and Wales, and to Cardiff, and we have been very lucky to have him.
As I was saying, South Wales police is very much in the vanguard of facial recognition technology. In a recent oral questions, the Minister graciously made reference to the work of South Wales police in this area, particularly the oversight that it is doing through the PCC’s office, which may well be a good model—in fact, it very much is. However, it is not without controversy, partly because it is in the vanguard and that sort of disruption is generating significant public interest.
There was quite a bit of public debate around one of the events in question: a Beyoncé concert at the Principality Stadium. That was a huge event. It had incredible hype; people really did everything to try to get tickets. Live facial recognition technology was used at that concert. The police advertised it, defined a public watch list, and said, “We are looking for anyone who is a known terrorist, in light of the Manchester bombing, and for paedophiles, in view of the likely attendees of the concert.” That probably finds the right balance: the public are informed and there is a defined watch list. There is a degree of common sense there.
As I said, what South Wales police have put in place, and what I think we are going to see across the country, is a model where we have civilian balance to the operational independence of the police and where the public’s representative, as we have in England and Wales in the form of police and crime commissioners, is able to know what is happening and to have public oversight. However, there is a real risk around how that sort of technology could be combined with the powers in this clause. The use of live facial recognition technologies could be combined with the entire DVLA photo database for the purposes of live blanket surveillance. I do not think that is what the Government want, but I do think that we have to hear that they do not. Relying on Henry VIII powers makes it even worse.
It is welcome that, according to proposed new section 71A of the Criminal Justice and Court Services Act 2000, a code of practice will be issued. That is really important, and speaks to my amendment 60, which is a pretty basic attempt to put some degree of parliamentary guardrail on to this new technology and its use in law enforcement. It states that once the Bill has received Royal Assent, a report on its usage must be published by the Secretary of State on an annual basis. I will be honest: I am not precious about the form that that should take, but I am precious about technology that has moved at great pace and with which there has been very little parliamentary engagement at all.
Stronger guardrails should be set. We have to be really cautious about other changes we might make, such as those in clause 21, that would mean that a significant database could be used for proactive surveillance of people who have never done anything other than apply for a provisional licence. That point could be held, but we would have to argue with the public and build public confidence around it. We would have to be shown the evidence for the effectiveness and the operational cases. I do not think the Government have done that.
My hope is that I am taking the issue far beyond what the Government intend. I will be very glad if that is the case. Part of the problem is that we are relying on regulations when we have no idea what their form will be. I stop at this point. I hope the Minister will be able to give the Committee some comfort.
I have listened extremely carefully to the shadow Minister and the Minister. I take issues of data protection and privacy very seriously, but I also believe that members of the public expect us to try to keep them safe, and expect the police to be able to use technology to try to keep them safe.
I listened to what the hon. Member for Nottingham North said about the facial recognition technology used in south Wales. Those same south Wales cameras were used last half-term in my constituency of Chelmsford and in Southend in Essex. As a result, a number of individuals were arrested, including somebody who had come into Chelmsford from outside and was wanted for a very high-profile sexual offence. What the Minister has been saying about being able to use this technology to arrest rapists is not hypothetical; it has happened, and it happened in my constituency in Chelmsford.
I am sorry to ask the right hon. Member to give way, because I have said so much—but I guess the point I was making about the Beyoncé concert was about having a defined watch list of people known and suspected of having done significant crimes. Such measures feel like a proportionate tactic to apprehend them, but is that enough for us to say that therefore everybody’s faces ought to be in play, even though the vast majority have never done anything wrong?
I was just coming to that point. I completely hear what the hon. Gentleman is saying about widening out the potential dataset of photographs that could be used. I suspect that most members of the public would say it is utterly reasonable to widen out the set of faces we could look at. For instance, we might have a picture of somebody who is a rapist and was never known before, but their photograph might have appeared on a wider database such as that from the DVLA, rather than on a known potential suspect list. If that helped to find really dangerous criminals, I suspect most members of the public would accept that.
I agree that there need to be very strong measures to make sure that we do not turn into a surveillance society, such as we have seen in some much more autocratic countries, where those pictures can then be used against innocent people. I believe the Minister is trying to say that the protection is there in the Bill. When these cameras have been used, there have been very strong rules about where they can be used. The cameras used in both Chelmsford and Southend were highly publicised, with signs and alerts that the technology was being used in that place on that day. Those sorts of measures are important.
I would be interested in a bit more clarity from the Minister about ensuring that we do not turn to inappropriate use, as we have seen in some autocratic countries, while also ensuring that we can help the public by making use of the best technology to identify those who have committed the most serious crimes.
I would like to speak to a couple of matters concerning the clause, and then talk about the read-across into facial recognition. I think there is some conflation of two different kinds of facial recognition—live and retrospective—only one of which is relevant here. I will explain how that works and how it might be relevant.
Let me speak first to the to the substance of the clause. First, just to be precise, this is not a Henry VIII power, which is a piece of secondary legislation that can amend primary legislation. This does not create a regulation-making power to amend primary legislation; it simply creates a list. It is not technically a Henry VIII power, but it does specify the circumstances, or the policing and enforcement purposes, for which data can be used.
Secondly, we are not passing clause 21 expressly to authorise the use of DVLA data for facial recognition or indeed for any particular law enforcement purpose; we are simply creating a regulation-making power. Regulations might be brought forward using this power to do any number of law enforcement activities, including facial recognition, but that would, of course, have to be debated at the time and subject to the affirmative procedure. This is enabling legislation; we are not actually passing the substance of any particular power today.
Since members of the Committee have raised questions about facial recognition, I would like to address them. There are essentially two different kinds of facial recognition—separate concepts—one of which is relevant and one of which is not. Let me start with the one that would not be relevant here: live facial recognition. Live facial recognition would never need to use images from the DVLA database, the passport database or anything else. Live facial recognition takes a watch list of people wanted for criminal offences or wanted by the court.
Such technology was run recently in Croydon—my borough—where I think there are about 12,000 people wanted for criminal offences. The camera was set up, as it was in Southend and Chelmsford, in Wales, for the coronation and at the Silverstone Grand Prix. Everyone who walked past those cameras in Croydon town centre got scanned. There were public signs up; the authorised professional practice says that public signs have to be put up, which I would have thought would mean criminals would not walk past the cameras—but they do.
Over a couple of afternoons in Croydon, several thousand people walked past the cameras, despite the fact that there was a sign up saying, “The police are using live facial recognition” and in the course of those two afternoons, there were 17 alerts and all were accurate. The police would stop each person, have a conversation, ask for ID and so on, and all 17 had been accurately identified. Those 17 people were all arrested because they were wanted for offences. One of them was a wanted rapist who would otherwise not have been caught. It was just good fortune that that wanted rapist had to walk past the camera and was apprehended. Were it not for that, that wanted rapist would still be wandering around. There was another person who had been wanted for grievous bodily harm since 2015—for eight years—and they were arrested as well. In Croydon, the scheme was run in the first couple of weeks of December.
Concerns have been raised previously about accuracy and disproportionality: does the technology pick on members of certain ethnic communities, as it were? There was litigation that preceded South Wales using it, back in about 2020. I join the shadow Minister in commending Alun Michael for his work on live facial recognition, where he has shown real leadership, and for his long career in public life—in Parliament as a Secretary of State, as Welsh First Minister, and as a police and crime commissioner for the last 12 years or so.
The litigation happened, and the court set out certain conditions that had to be met, one of which was around accuracy—I think the false positive rate had to be one in 1,000—and disproportionality. The algorithm was improved and tested by the National Physical Laboratory at 0.6, which is the setting that the police use. At that setting, it found that the false positive rate was, I think—I am speaking from memory—one in 6,000, which is six times more accurate than the court specified, and that there was no disproportionality based on either gender or ethnicity.
For the one-in-6,000 false positive, what would happen—this has not happened in Croydon, because only 17 people were stopped—is that the police would say, “Excuse me, sir or madam, can you just identify yourself?” If they turn out not to be the person the police think they are, obviously the police will say, “Sorry to disturb you—off you go.” But that is one in 6,000, and it did not happen in Croydon, because the police did not stop 6,000 people.
So that is live facial recognition. The police do not need access to a DVLA database or password database, or even the custody database; they just need a list of people who are wanted. In the examples in Chelmsford, Southend and Croydon, they caught people who were wanted for offences or who had absconded from court, who would otherwise still be wandering around. It was used at the coronation. Three camera points were set up and, similarly to the Welsh example, the watch list included known terrorists, fixated people—people who are obsessed by the monarchy—and also wanted offenders. I think three wanted people were caught on the coronation day, including a wanted sex offender who happened to wander past the camera. The technology has also been used in Soho to try and catch robbers who were stealing mobile phones and so on.
I hope that illustrates to the Committee how live facial recognition is useful. It comes under the auspices of the Supreme Court judgment in the Bridges case, and authorised professional practice is published by the College of Policing. I think the Information Commissioner’s Office has also looked at it. Live facial recognition, which does not need DVLA data anyway, has a good basis, and it is catching people who would otherwise not get caught.
(2 years, 7 months ago)
Public Bill CommitteesIt is a huge pleasure to serve under your chairmanship once again, Dame Angela, as it will be in the Committee’s sittings in coming days.
I will not try to respond to the shadow Minister’s opening remarks in any detail, as we debated the wider issues on Second Reading, but I will observe in passing that we have record numbers of police officers, and overall crime, measured by the crime survey on a like-for-like basis, is 56% lower today than it was in 2010.
(2 years, 7 months ago)
Commons ChamberI pay tribute to all the right hon. Lady’s work individually and as part of the Home Affairs Committee. I do not want her to be left with the impression that there is a lack of complete commitment on this issue. As I hinted at in the statement, and for the purpose of brevity, some training happens already for bar staff. There is probably a gap with how much those working on the doors know, and they are critical first responders to these cases, which is why I mentioned them. She should not interpret anything in this report as evidence of a lack of ambition by the Government. My statement today is to assure her that we have given this issue our full commitment.
Chelmsford is home to a vibrant night-time economy, with lots of very popular bars, clubs and restaurants. We also have a really strong reputation for being a safe place to enjoy a night out, but from time to time even in Chelmsford stories of spiking come to light. I therefore warmly welcome this package of initiatives, in particular the promise to modernise the law to make it crystal clear that spiking, whether in a drink, through a needle or via a vape, is illegal. It is very timely, as the Criminal Justice Bill is going through Parliament right now and we can put it into law quickly. Does the Minister agree with me and very many campaigners that clarifying the law will act as a strong deterrent to perpetrators and thus help keep women safe?
I absolutely agree with my right hon. Friend and thank her for her question. First, as I said, the purpose of clarifying the law is to empower more people to be clear on their rights and to come forward. But it is also the case that by having a clear offence in which spiking is defined, the police will be able to use the data of people who come forward and report a spiking incident. That will allow us to build a much more accurate picture, through the criminal justice system, of the extent to which this offence occurs.
(2 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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Thank you, Ms Nokes; it is an honour to serve under your chairmanship. I thank the hon. Member for Bradford South (Judith Cummins) for giving us the opportunity to discuss spiking again. My constituency of Chelmsford is home to a vibrant and much-enjoyed night-time economy. We have many bars, clubs and restaurants. People come up to Chelmsford to enjoy a night out, not only from Essex, but even from London. We are very proud of our safety record. Chelmsford holds a Purple Flag for safety in the night-time economy, and we did not just get that Purple Flag this year or last year; we have had it every year for the past 10 years. We have a wonderful reputation for keeping people safe, and we want to keep it that way.
From time to time, however, some dreadful stories come to light even in Chelmsford. In February, a very brave woman shared the story of what happened to her when she was out in Chelmsford with a group of girlfriends. She had only had one cocktail when she started to feel dizzy and sick, and then she suddenly started to have spasms. Fortunately, her friends acted quickly. He mum came and collected her and brought her straight to A&E at the local hospital. A video was then shared of her when she was at A&E. Her body was contorting and she was groaning, “I want to die.” She had a complete lack of control of her own body. That went on for six hours. When she came round, she noticed a small mark on her arm and that her arm was painful. She believes that she was stabbed and spiked. Goodness knows what would have happened to her if she had left the bar, left her friends and been all alone in the dark when that occurred. How vulnerable would that young woman have been?
I would like to thank my local police, who treat this problem very seriously. They have been working very actively on hotspot policing in Chelmsford city centre for the last few weekends, including last Saturday and Sunday night, when they were doing spiking awareness campaigns in the bars, clubs and restaurants. I would also like to thank the owners of the many bars, clubs and restaurants, who I know also treat women’s safety seriously. I have been in with many of them to discuss the CCTV arrangements that they have in place to monitor safety, and the fact that many of them make available stoppers or covers for your drinks bottle or glass. But why should a woman have to put a stopper in her drink? Why should she have to put a cover on her glass? Why should she not feel safe just to lift up her own drink that she has bought to enjoy with her friends, and take a little sip from it? Spiking is abhorrent, it is intolerable, and it is unlawful. It must not be allowed to continue. Perpetrators must not get away with this.
Spiking is illegal, but the law against it is incredibly outdated. It goes back to the Offences against the Person Act 1861. I happen to be one of the small number of Members of this House who is currently serving on the Public Bill Committee for the Criminal Justice Bill that is going through Parliament right now. On Tuesday this week, we took evidence from real experts. I asked some of them whether they felt there was a need to modernise this legislation and make the language absolutely crystal clear—in terms that people will understand today—and they agreed. They agreed that spiking is unlawful, but that the language needs updating.
I know I am joined by colleagues in this place today who also agree that updating the language of the law will help to lead to more prosecutions and make it absolutely clear to those who want to commit this type of offence that it will not be tolerated, and therefore it will act as a deterrent.
My right hon. Friend will be aware that the private Member’s Bill that I introduced faced an analogous problem: there was no specific criminal offence against the public harassment of women. For a long time that was considered unnecessary, so these crimes—as they were—were under-reported. Now there is a specific criminal offence; it is clearly illegal to abuse someone on the grounds of their sex in public. I am pleased to say that was backed by the Government and the Home Office. Is that not a precedent that the Minister may wish to draw on to make progress in this very important area that the hon. Member for Bradford South (Judith Cummins) and my right hon. Friend the Member for Chelmsford (Vicky Ford) are highlighting?
I absolutely agree, and I commend my hon. Friend the Member for Gloucester (Richard Graham) for the work he has done on women’s safety. We must make it crystal clear that this offence, which can affect men but most usually affects women—often young women —is unacceptable. We must have that law in language that people today understand with great clarity.
I thank my great and hon. Friend the Member for Gloucester, who has campaigned on this issue so relentlessly and so effectively. Two weeks ago, it was an honour to join him in a meeting with the new Home Secretary. The new Home Secretary is one of my Essex constituency neighbours; I know that constituents of his come to my constituency for their nights out, and I also know that he cares deeply about the safety of women. Together, we pressed the case that there needed to be a specific criminal offence for spiking. The Home Secretary listened intently to the case that we made, and I ask him, through my right hon. Friend the Minister here today, to please act now. Table an amendment to the Bill that is going through Parliament now. I know I speak for all members of the Public Bill Committee when I say if that amendment is tabled, we will pass it and have it on the face of the Bill by the time it comes back to the whole House.
Of course I agree with my hon. Friend. He is absolutely right. That brings me to the Home Office’s own campaign, Enough, which, people will be relieved to hear, is my closing point. A message I would like to give the Minister very clearly, which is driven by the comments I have gleaned from Spike Aware UK, is that it is not enough for the Enough campaign to focus its activities around universities. By the time a young person has reached the grand old age of 18, that horse may already have bolted. We know from the excellent work of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) and her Select Committee, to which my hon. Friend the Member for Gloucester rightly paid tribute, that many spiking incidents happen at house parties. We like to think that when we are surrounded by our friends, we will be okay. Sadly, the truth is that young people under the age of 18 will attend house parties and young people under the age of 18 will be spiked at house parties. They are vulnerable when they are at school and college.
My right hon. Friend is making an excellent point. I recently met a group of sixth-formers from one of my Chelmsford schools. The point they made to me was that, while it is all very well to give awareness to young women when they start university about how to stay safe, they turn 18 before they leave school and would quite like to go and celebrate their 18th birthday parties together. Does she agree with me that more could be done through the school curriculum and at school age to prepare people for turning 18?
My right hon. Friend anticipates where my speech was going. On the Enough campaign, I think it is right to focus on freshers’ week, which is a particular area of vulnerability, but by the time young people are 18 it is too late in some instances. Many will turn 18 while they are still at school and college. The Government’s statutory requirement for relationships, sex and health education finishes at 16, so when someone becomes a practitioner between the ages of 16 and 18, they are not supported.
I gently say to the Security Minister—in the same way that I would have said and, indeed, have said to the current safeguarding Minister, the previous safeguarding Minister and the one before—that RSHE needs to be inclusive up to the age of 18. My Select Committee has called for that in one of our reports, and it is crucial. The RSHE review needs to focus not on gender issues, but on the everyday problems that our young people face on their journey to adulthood, which include drugs, spiking, normal adult sexual relationships and trying not to learn about them from pornography. We have to be bolder when we are talking about what is and is not age appropriate. We have to equip young people to be cognisant of the risks, challenges and difficulties they will face, whether financial or anything else, through a programme of RSHE that is effective and preferably taught by experts, rather than the maths teacher on a Friday afternoon.
I commend the Enough programme. I celebrate it: I have a sticker on my office door—what a shame that I feel the need to say “Enough” here. The stark reality is that we have to ensure that we are taking the lead of brilliant organisations such as Stamp Out Spiking and Spike Aware UK, so that young people have all the tools in their armoury to be protected as they move into adulthood.
I have a final message for the Minister. I have absolutely no doubt that he will be encouraging and positive about this issue, because he is a good Minister and understands how important it is. He will have heard the strength of feeling across the Chamber on the need for specific legislation. I look forward, with my fingers crossed and my hopes high, to exactly that. My final plea, which I have made to a number of Home Office Ministers over many years, is that we must look at RSHE as an opportunity to equip young people with better skills to lead their adult lives. I know that the Minister will pass on this message to the safeguarding Minister: please play an active role, by working with the Department for Education and the myriad other Departments that touch the lives of young people, in ensuring that the RSHE review is fit for the 21st century, in the same way that we should have a piece of legislation on spiking that is fit for the 21st century.
My hon. Friend knows that I cannot make any announcement at all. I am merely positive as to the direction; it really is for the Minister for Safeguarding, my hon. Friend the Member for Newbury to announce the Home Office position. I am sure she will do so as soon as she is able. She has arrived in the Department with a determination and with inspiring energy. She is not only an excellent colleague in her role as a Member of Parliament, but a fantastic ministerial colleague, and she will add hugely to the job of safeguarding the people of the United Kingdom, particularly those who are vulnerable in the evening. I do not want to say any more for fear of jumping ahead of myself. She has already done a huge amount of work, and I am sure that, if she is able, she will make further announcements
On the legislation, I want to make it clear that spiking is already illegal because various pieces of legislation set out prohibitions that incorporate the offence of spiking and they can be used to prosecute offenders. We have worked closely with the police to establish the range of powers that are currently available to them and the best methods of enforcement.
However, we are mindful that the modern offence has particularly insidious features, and we are carefully considering the range of views that have been expressed on this, especially from Conservative colleagues who have made compelling arguments on this matter. I pay tribute to my right hon. Friend the Member for Chelmsford (Vicky Ford) who has spoken very powerfully about this not only during this debate, but on many other occasions. My hon. Friend the Member for Gloucester likewise has in many ways not only led this debate today, but over many years. My right hon. Friend the Member for Romsey and Southampton North has led many of these arguments for many years.
We may be able to make more progress on awareness. My right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) made a point about the importance of giving evidence and how quickly evidence can disappear in the body. I have been told by local police that they often need a urine sample, which is not as complicated as a blood sample. In trying to secure more prosecutions, it is important to try to make people aware that that is the sample that they would need to give. I want the crime to stop, but I also want to make sure that, if it happens, we can hold the perpetrators to account. In the package of things that we might do in the future, there is space for more awareness of the methods of evidence giving and what evidence is needed to get the tracing of drugs in the system and ensure we can get the prosecutions.
I will ensure that my hon. Friend the Member for Newbury hears those points specifically and takes them up with the relevant authorities. I am sure she will be interested to hear them, because police clearly have a vital role in tackling this issue. I pay tribute to them for helping to shed light on these awful crimes. In many ways, they respond extremely effectively. I can speak for Kent police; others will have to determine the efficacy of the actions of their own forces.
Kent police does take spiking extremely seriously, but it can be a complex and challenging crime to investigate. I will pass on the words of my right hon. Friend the Member for Chelmsford. Drugs can pass through the system quickly, leaving often limited evidence for others to identify and to point to offenders. These crimes can happen in the highly dense environment of the night-time economy and in places where it is difficult to identify the perpetrator.
Since autumn 2021, police forces across England and Wales have been stepping up action on spiking. That includes developing and rolling out an online spiking reporting and guidance tool, which should greatly simplify the reporting of spiking. The police approach to tackling spiking is being co-ordinated by Deputy Chief Constable Maggie Blyth, the national policing lead for violence against women and girls. The police continue to submit samples using rapid testing capability developed with forensic provider Eurofins Scientific. That has been invaluable in broadening our understanding of which drugs are being used and how frequently.
It is crucial that we have in place a consistent and effective national approach. Equally, the work taking place on the ground in communities is essential. In a number of towns and cities across England and Wales, uniformed police officers are visiting venues and working closely with licensed premises and staff. Plainclothes officers are trained to look out for concerning behaviour, while control rooms monitor CCTV so that officers can be sent directly to any suspicious or dangerous locations.