Police, Crime, Sentencing and Courts Bill

Victoria Atkins Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Steve Brine]

There is much in this Bill that I welcome—I have spoken before about driving offences reform—but of course parts of it are controversial. That is what happens with legislation: some people do not agree with parts of it. However, on balance, it is a Bill worth backing, and that is why I did so on Second Reading.

New clause 90 seems entirely logical to me. I have been well lobbied on the subject, and I hope to hear something from the Minister. Being able to do their job without abuse is surely the least that our shop workers can expect.

On protest, we should be careful not to be misled about what is in the Bill and what is not. I actually agree with some of what my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said. The parts of the Bill on protest are not right just yet, and I predict that they will have a challenging time in the other place. I look forward to hearing what the Minister has to say on that. Surely new clause 85, in respect of a code for the policing of protest, is worth a look.

I think that new clause 55, in the name of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), is poorly drafted. I saw a tsunami of contacts this weekend from constituents who are against it. I wish it were going to a vote, if only so that I could vote against it and the House could show its will on the subject.

Finally, I oppose new clauses 51 and 52 in respect of illegal Traveller encampments. My constituents have an illegal encampment on the Cattle Market car park in the centre of Winchester just today, which is inconveniencing their lives. I oppose those two new clauses.

[Victoria Atkins]

This Bill delivers on our promise to the British people to keep them safe and to crack down on criminals. This Bill backs the police, recognising the unique and enormous sacrifices they and their families make to protect us all. This Bill imposes a legal duty on local councils, the police, health services, schools and prisons to work together to prevent serious violence in their neighbourhoods.

This Bill balances the rights of protestors to demonstrate with the rights of residents to access hospitals, to go to work, to let their children sleep at night. And, despite some of the claims from the Opposition, this Bill includes measures that will help to protect women and girls, but that go further than that and protect the whole of society from some of the most dangerous offenders that are sentenced. This includes managing sex offenders before and after conviction and, importantly, providing clarity on the extraction of data from victims’ phones, in line with the rape review that the Government published only a few weeks ago.

Let me briefly address the Government amendments in this group. In Committee, I undertook to consider further whether the reporting duty in respect of the police covenant should be extended to apply to the British Transport police, the Ministry of Defence police and the Civil Nuclear Constabulary. Having reflected further, we agree. We want the wider policing family to be included in the covenant, and amendment 34 does exactly that, covering not only these three forces but the National Crime Agency. They do essential work for us, and we want them and their families to be looked after.

Government amendments 35 to 45 standardise the traffic offences in clauses 4 and 5, and clauses in relation to serious violence reduction orders, for the British Transport police—again, consistency in how we deal with these important matters.

Let me turn to the non-Government amendments. I will not be able to deal with them all, but I will pick out the ones that have been talked about most frequently. First, I thank the right hon. and learned Member for Camberwell and Peckham (Ms Harman), my right hon. Friend the Member for Basingstoke (Mrs Miller) and many other Members across the House for raising the issue of sexual harassment, not just in the context of this Bill but in our wider work.

The murders that, sadly, we have heard so much about in this Chamber—the murders of Nicole Smallman, Bibaa Henry, Sarah Everard and PCSO Julia James—have caused millions of women and girls to share their own experiences and fears of walking in our towns and cities. We have also heard girls’ stories about their experiences at school through the social media platform Everyone’s Invited.

We are listening to women and girls. In March, we reopened the survey on violence against women and girls and received more than 180,000 responses in terms of the survey as a whole. Each of those responses is helping to shape our work developing this vital strategy. We therefore recognise the shocking extent of street harassment and the strength of feeling concerning the need for a new offence.

While it is the case that there are already offences available to address sexual harassment behaviour, the right hon. and learned Member for Camberwell and Peckham, whom I have met recently to discuss this, can rest assured that we remain open-minded on this issue and are continuing to examine the case for a bespoke offence. As part of the commitment, the new strategy on tackling violence against women and girls will focus on the need to educate and to change cultural attitudes. A new offence can do so much, but we need to go further than that, and that is our intention.

As I announced in Committee, I am pleased that as part of the cross-government work and work across agencies, the College of Policing intends to develop advice for police forces to assist them to use existing offences in the most effective way to address reports of sexual harassment, and the CPS will be updating its guidance to include specific material on sexual harassment.

Moving on, new clauses 26 and 27 have been tabled by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson)—indeed my hon. Friend the Member for Wycombe (Mr Baker) has spoken to me about this—and they come out of the very tragic circumstances of the rape and murder of Libby Squire. As a constituency MP near the Humber, I very much join both the right hon. Lady and my hon. Friend in paying tribute to Libby and her family.

[Mr Steve Baker (Wycombe) (Con)]

Does my hon. Friend agree with me and my constituent Lisa Squire that it is vitally important that non-contact sexual offences are promptly reported so that the provisions can work?

[Victoria Atkins]

I completely agree with my hon. Friend and, indeed, his constituent, Mrs Squire. We need please to get the message out from this Chamber to encourage victims, where non-contact sexual offences are being committed, and where they are able to and where they feel able to, to report those offences to the police, so that these escalating behaviours can create a pattern that the police can review. That is why I have great sympathy with the new clauses that the right hon. Member for Kingston upon Hull North has tabled. I am pleased to reassure her that we are very much taking the point on board when it comes to developing the strategy.

In terms of other matters relating to sex offenders, the hon. Member for Rotherham (Sarah Champion) and my right hon. Friend the Member for Basingstoke have pressed upon me the need for a review of how registered sex offenders can change their name without the police’s knowledge. We have some of the toughest rules in the world for the management of sex offenders, but we recognise those concerns.

We do not want any loopholes that can be exploited by sex offenders to enable offending and to evade detection by the changing of names. Indeed, only last week I met the Master of the Rolls and my counterpart Lord Wolfson in the Ministry of Justice to discuss this critical issue. I am pleased to advise the House that we are conducting a time-limited review of the enrolled and unenrolled processes for changing names to better understand the scale and nature of the issue, whether current processes are being or could be exploited to facilitate further offending and, if so, how that can be addressed.

Colleagues have expressed understandable concern regarding the treatment of key workers, particularly those who keep our shops and supermarkets open and stocked, those who keep our buses and trains running, and key workers such as refuse collectors, park staff, teachers and others who perform a vital duty at any time, but particularly in the very difficult 18 months we have all experienced. We are very conscious that when our constituents are serving the public and delivering key services, they must feel safe doing so. No one should feel unsafe in their workplace. We therefore all feel anguish about some of the stories we have heard in relation to retail and other workers over the past year.

The Lord Chancellor and, indeed, the Government, completely understand the sentiments behind the new clauses tabled by the Leader of the Opposition and my hon. Friend the Member for Stockton South (Matt Vickers), and I hope that Members have heard the indication that we gave earlier in the debate. There is a range of existing laws, with significant penalties, that cover assaults and abuse of all public-facing workers. Sentencing guidelines already require the courts to consider as an aggravating factor, meriting an increased sentence, an offence that has been committed against a person serving the public. However, I make it clear that we want to assure my hon. Friend and Members of all parties that we are not complacent about the matter and that we are actively considering tabling an amendment, if appropriate, in the Lords.

Our genuine concerns about the new clauses relate to technical issues with some of the drafting. There is vagueness about the nature of the assault offence. It overlaps with existing offences and there seems to be reference to Scottish provisions, which we believe to be unnecessary. I say to the House in an open-hearted, open-handed way that we are looking at the matter and that we want to work not only with hon. Members with but the retail sector to improve the reporting of those offences and the police response.

I turn now to the public order provisions. There has been much debate about those measures. Some of it has been informed by fact, but some has been informed by misunderstanding. The measures have been developed in consultation with the National Police Chiefs’ Council and the Metropolitan police to improve the police’s ability to better manage highly disruptive protests. Such protests have brought parts of London in particular, but also elsewhere, to a standstill. There have been instances of ambulances being obstructed. Protesters have disrupted the distribution of national newspapers and, given that we are discussing freedom of expression and freedom of speech, I hope that colleagues will understand why we are so concerned to ensure that newspapers can be produced.

Protests have prevented hard-working people from getting to work and drawn thousands of police officers away from the local communities they serve.

[Nickie Aiken (Cities of London and Westminster) (Con)]

As the Member for Cities of London and Westminster—Westminster experiences 500 protests every year—I ask my hon. Friend whether she agrees that the human rights of protesters are absolutely important but so are those of local people who live just yards from this place?

[Victoria Atkins]

That sums up the balancing exercise that the Government are drawing on the advice of the independent police inspectorate. The Bill does not stop the freedom to demonstrate; it balances it with the rights and liberties of others. The existing laws are 35 years old. We want to update them and also implement the recommendations of the independent Law Commission.

It will continue to be the case that the police attach conditions to only a small proportion of protests. To put that in context, in a three-month period earlier this year, the assessment of the National Police Chiefs’ Council was that of more than 2,500 protests, no more than a dozen had conditions attached to them: 12 out of 2,500.

[Andy Slaughter (Hammersmith) (Lab)]

Will the Minister give way?

[Victoria Atkins]

I will not because I genuinely have other matters to address.

In deciding whether to attach conditions, including in respect of the generation of noise, the police will continue, as they do now, to take into consideration protesters’ freedom of speech and assembly.

I move on now to unauthorised encampments. Similarly, there seems to be misunderstanding about what the Bill is attempting to do. It is not an attack on the nomadic lifestyle. Proposed new section 60C(4) of the Criminal Justice and Public Order Act 1994 sets out conditions applicable if

“significant damage… significant disruption”

or

“significant distress has been caused or is likely to be caused”.

[Andy Slaughter]

Will the Minister give way on that point?

[Victoria Atkins]

I have one more minute.

We are trying to tackle harmful behaviour, and Opposition Members need to ask themselves just how much damage, disruption and distress is acceptable for their constituents to bear.

I will quickly deal with the extraction of information. This is an important part of the Bill, because we want to ensure that strong privacy safeguards are in place when dealing with people’s sensitive personal information. This Bill, coupled with the rape review, is an absolutely critical part of that effort.

Mindful that the House will want to vote on these matters, I will conclude. We promised our constituents that we would take measures to make our society safer and to crack down on crime. As my hon. Friend the Member for Derbyshire Dales (Miss Dines) set out, that is the promise we all made to our constituents. We are delivering on promises made to the electorate and standing up for the decent members of society who do not commit the sorts of crimes that we in this Chamber have sadly had to hear about. I therefore have no hesitation in commending the Bill to the House.

[Ms Harman]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.