(6 years, 1 month ago)
Public Bill CommitteesI am grateful to my right hon. Friend, because that is exactly what I was about to say. She has been assiduous in pursuing this cause, and I pay tribute to her. She has her own private Member’s Bill to that effect in this House that is mirrored by the Registration of Marriage Bill, which was introduced by the Bishop of St Albans and which completed its Committee stage in the House of Lords last month. That Bill also met with widespread support. Everybody supports the measure and has done a lot of work on the detail, so we just need to make it happen. Introducing new clause 2 to replace clause 1 will do that, and it is completely complementary with the detail of the Bill that the Bishop of St Albans has progressed through the House of Lords.
The final amendment in the group is amendment 12. Changes to long titles are a common theme—I have spent many hours in Committee debating the details of long titles as well as short titles, rather than the substance of the Bill, but apparently they are terribly important. The amendment would change the words,
“to make provision about the registration of the names of the mother of each party to a marriage or civil partnership”
to simply,
“to make provision about the registration of marriage”.
That is apparently what needs to happen.
That is the purpose of the changes we propose to the first of the subjects in the Bill, namely having the names of both parents on marriage certificates. I am sure that all hon. Members present will want to take the opportunity to support them without further delay. The Minister will throw her entire weight behind them too, so we will be able to move swiftly on.
It is a pleasure to serve under your chairmanship, Mr Sharma. I thank my hon. Friend the Member for East Worthing and Shoreham for introducing these many and varied important issues in his private Member’s Bill. He has done a great deal of work with several Departments in the preceding months to get the Bill into the shape in which we hope to find it in Committee. I thank him for that hard work. I thank hon. Members from both sides of the House for their hard work on the Bill, and for their contributions, no doubt, in Committee.
As agreed with my hon. Friend on Second Reading, the marker provision in clause 1 has been replaced with a new marriage registration clause that contains the provisions of the Registration of Marriage (No. 2) Bill that was introduced by my right hon. Friend the Member for Meriden. For several years, she has been a consistent, effective and, dare I say, staunch campaigner for changes to marriage registration. She has done much work alongside the Lord Bishop of St Albans, who introduced an identical Bill to hers in the House of Lords. I formally record my thanks to them for their hard work.
I see the point the hon. Gentleman is getting to. My earlier, cruder attempts were to amend the Civil Partnerships Act 2004, which is UK-wide. We have civil partnerships in all parts of the United Kingdom, including Northern Ireland, but we do not have same-sex marriage in Northern Ireland. That is the point of his amendments, and we will come to that. Absolutely, I want to extend civil partnerships to all same-sex couples in Northern Ireland, Scotland, Wales and England; it is a UK-wide measure.
I appreciate that the Minister is not in a position to table amendments in Committee, so soon after the Supreme Court judgment. I absolutely appreciate that the process is perhaps a little more complex than the one-line amendment to the 2004 Act that formed the basis of my previous, very short, Bills. I also appreciate that the Minister stated, as did the Secretary of State before her, that she wanted to carry out a further consultation to gauge the demand for extending civil partnerships, despite their having been two previous consultations on it, both before and after the same-sex marriage Bill.
However, I can help the Minister on that score, thanks to Professor Anne Barlow, professor of family law and policy at the University of Exeter—an excellent university, which I shall attend tomorrow for the graduation of my elder daughter. She has surveyed extensively using the NatCen panel survey technique, which is a probability-based online and telephone survey that robustly selects its panel to ensure that it is as nationally representative as possible. She commissioned that work in February 2018, around the time of my Bill’s Second Reading but ahead of the Supreme Court judgment.
That format can turn around surveys within eight weeks of their being commissioned. The professor’s survey had a sample of more than 2,000, which I gather is double the amount the Government intended to survey, and which they were to take at least 10 months to do. I am sure it is much cheaper to do it Professor Barlow’s way. Her survey posed the question, “How much do you agree or disagree that a man and woman should be able to form a civil partnership as an alternative to getting married?” It found that 35.3% agreed strongly, 36%.7 agreed, 21.1% neither agreed nor disagreed, only 4.5% disagreed and only 2.5% disagreed strongly. More than 70%—even better than the Brexit referendum—of those 2,000 people absolutely thought that civil partnerships should be made available to all.
The work has been done for the Minister, and for free. Perhaps she can tell me what surveying has already taken place—we were promised it would start in May—what further surveying the Government think is necessary and what they will produce at the end of it. The ball is in the Government’s court. How and when will they comply with the Supreme Court’s clear ruling, particularly given the absolute clarity of their lordships’ statements about the delay that has already taken place?
It is perfectly feasible for us to amend on Report the terms of the Bill as it now stands. I will propose the amendments and the new clause as they are on the Order Paper, but with a view to the possibility of revisiting them at the end of October, if that is when Report takes place. That gives the Government more than three months to decide their course of action. I will work constructively with the Minister to bring about that change, and then lots of people can be very happy rather sooner than the Government had perhaps intended.
I will comment on the amendments tabled by the hon. Member for Harrow West when we discuss them. Amendments 11 and 13 would amend the long title of the Bill, so that it would say
“to make provision for a report on civil partnerships”.
That is the crux of these technical amendments, but there is very much a piece of work overhanging it. We know what we want to do and the Supreme Court has told the Government what they need to do. We need to hear from the Government how they will do it.
Civil partnerships were introduced in 2004 to enable same-sex couples to formalise their relationships, at a time when same-sex marriage was not available to them. Since then, we are proud to be the Government who introduced marriage for same-sex couples. At last, same-sex couples are able to celebrate their relationships in the same way that other couples have for centuries.
However, putting right this obvious inequality has meant that we now have a situation in England and Wales where same-sex couples can enter into either a marriage or a civil partnership while opposite-sex couples can only get married. Therefore, earlier this year we announced a plan of work to address that inequality, including a research programme which was to run until 2019, assessing the demand for, and impact of, the various options.
The recent Supreme Court judgment in the Steinfeld case, however, emphasises the need to address the issue. In response, my right hon. Friend the Minister for Women and Equalities recently announced that, in the interest of making good progress, we would bring forward elements of our research on the future of civil partnerships, with a view to concluding it later this year. We recognise the sensitive and personal issues involved in the Steinfeld case, and we acknowledge—as the Supreme Court does—the genuine convictions of the couple involved and those who have campaigned alongside them.
Clause two, as amended, will place a duty on the Government to prepare and present before Parliament a report setting out how the law on civil partnerships should change and how we plan to achieve that. It will also ensure that the voice of those affected is taken into account during the decision-making process, by providing for a public consultation.
Does the Minister expect the report to cover Northern Ireland?
I am extremely grateful to the hon. Gentleman for his intervention. He knows that the Civil Partnership Act 2004 covers both Scotland and Northern Ireland, but both civil partnership and marriage are devolved matters. It would, therefore, be up to the relevant Administrations in Scotland and Northern Ireland as to how civil partnership and marriage should be regulated and administered, just as it was their decision to be included in the 2004 Act. He also knows the particular issues in Northern Ireland at the moment, and the Government do not feel that this private Member’s Bill is the place to resolve those issues. It has to be a matter for the Northern Ireland Assembly and I am sure that he will join me in wishing that it will reconfigure as soon as possible.
To return to the issue of progress, much work has already been done and we were very much spurred on by the Bill’s Second Reading, but of course even more urgency has been added by the Supreme Court judgment. The Government proposed to conduct four research measures. The reason the original deadline was 2019 was that there was going to be five years’ worth of research on the numbers of marriages and civil partnerships. We now propose to bring forward that deadline, so there will be four years of research instead of five.
We have also started the Office for National Statistics lifestyle survey—that is happening now—to calculate the projected number of opposite-sex couples who would wish to enter into civil partnerships. The third strand of research in on how other countries have dealt with civil partnerships and marriages, as my hon. Friend the Member for East Worthing and Shoreham has set out. The fourth category is a qualitative survey of same-sex couples in civil partnerships, because we are very conscious of the need to tread carefully for those couples who are already in civil partnerships.
That was all wrapped up in the Command Paper, which was presented in May. As the Secretary of State has said, the clause will shorten the research programme so that it can report to Parliament with urgency, and we will include a public consultation so that members of the public can also contribute their views.
My hon. Friend urged on me that this private Member’s Bill should be the vehicle to drive forward civil partnerships. He makes a very important point. We know we need to move quickly. At the moment, the Bill is the immediate vehicle to do that, but we are also considering other options and we want to reach a conclusion that creates equality as soon as is viable. We acknowledged, even in advance of the Supreme Court judgment, that the law needs to change, so a great deal of work is being done and the Bill will help with that.
I am encouraged by what the Minister has said. If the Government are committed to equality on this issue, and if they have separately given undertakings that they will not withdraw the option of same-sex civil partnerships, there appears to be a certain logic that we are moving in a particular direction. Although I appreciate that the timetable has been advanced, perhaps the Minister could reiterate that that is the position. It would give comfort if she could give as much guidance as possible on what the vehicle will be following the consultation and tell us how quickly the change in the law is likely to come about.
I regret that I cannot offer such assistance at the moment. I feel a sense of impatience with many parts of my ministerial portfolio but, as the hon. Gentleman knows, the Government have to act on evidence: we have to commit to a public consultation and review the evidence. As I have said, we are working closely on the issue. I hope my hon. Friend the Member for East Worthing and Shoreham agrees with him on shortening the length of our research programme. We must ensure that we observe the Supreme Court guidance in the important Steinfeld case and that we follow not only the letter but the spirit of the law. I am delighted that the Bill provides us with a platform not only to report to Parliament, but to give the public the opportunity to give their thoughts on how the legislation should develop.
Prior to tabling new clause 1, what discussions did the Minister have with Ministers in Scotland and those who previously served as Ministers in the Northern Ireland Assembly?
I am just looking for guidance. I personally have not had discussions. The hon. Gentleman will appreciate that there is no Assembly at the moment in Northern Ireland, so it is difficult to have discussions with an organisation that does not currently exist. He might be aware of recent litigation in Northern Ireland that questioned the way in which the Government have tried to deal with the conundrum of the Northern Ireland Assembly and how its absence has caused delays in other fields of legislation. There has been a lot of toing and froing on how that will progress.
I am conscious that I have not addressed in detail amendments (a), (b) and (c), which were tabled by the hon. Gentleman. I seek guidance on the procedure.
For the avoidance of doubt, when the Minister sits down I shall speak to the amendments and then I will be delighted to hear her response.
I thank the hon. Gentleman. Procedure is confounding us all on this hot summer’s afternoon. In response to his earlier intervention, I am told that Scotland has conducted its own consultation, as one would expect given that it is a devolved matter. Indeed, it was quick to move on civil partnerships and same-sex marriage. I hope that addresses his point. Given that he is going to speak to his own amendments, I am delighted to accept new clause 1 and look forward to further discussions.
As a near neighbour it is a particular privilege for me to serve under your chairmanship, Mr Sharma. It was a weak and vulnerable moment when I agreed to support the amendments tabled by my hon. Friend the Member for St Helens North (Conor McGinn), knowing that he would not be here. I say that because, as all hon. Members will be aware, on 28 March he made an impassioned speech promoting his private Member’s Bill to make provision for the marriage of same-sex couples in Northern Ireland and to end an inequality with which we are all familiar and which I suspect, although I do not know for certain, all Committee members want to see an end to as a matter of urgency.
I am, therefore, slightly disappointed by the Minister’s response. She rightly alluded to the very difficult situation in Northern Ireland, but as my hon. Friend asked in March, why should the fact that the Northern Ireland Assembly is suspended mean that same-sex couples in Northern Ireland who want to get married are denied that right? New clause 1, in which the Minister has agreed to ensure that the Secretary of State prepares a report, seems to be an opportunity to make progress.
Most political parties in Northern Ireland already support same-sex marriage, and a broad coalition is already very active in campaigning on this issue. Opinion polls in Northern Ireland continue to demonstrate considerable support for allowing same-sex marriage, so I struggle to see why the Secretary of State cannot seek to advance the case for change in Northern Ireland through the report. Why, for example, cannot the Secretary of State and the Home Secretary not consult political parties in Northern Ireland? Why cannot they ensure that there is a consultation with other civil society organisations to continue the process of building support for change? Why cannot the Government commit to saying what they will do if it becomes clear—although we all hope that this will not be the case—that the Northern Ireland Assembly will not be re-established?
I support the report as it stands, as it will make progress in England and Wales, but it represents a missed opportunity for making progress in Northern Ireland. I hope the Minister will reflect on the opportunity that new clause 1 and the report represent in moving forward the agenda in Northern Ireland for same-sex marriage.
I fully support the amendments in the name of my hon. Friend the Member for St Helens North, and I am particularly persuaded by the eloquent speech by my hon. Friend the Member for Harrow West.
I will briefly address the new clause. I pay huge tribute to the way in which the hon. Member for East Worthing and Shoreham has pursued this issue through the many avenues available to us. He has put together the pieces of the jigsaw such that we now have very powerful arguments for this substantial change to legislation, which will enable millions of people across the country to enter into legally binding and protected arrangements, and which will be very good for them and the security of their families. On those grounds alone, the Government should support it.
As the right hon. Member for Orkney and Shetland has said, this anomaly should not have occurred in the first place. We heard from the Minister about the good progress that the Government have made—gradually at first, but now at an accelerated rate. The final piece of the jigsaw should be the Supreme Court judgment. I attended when it was handed down, in part because my constituents Rebecca Steinfeld and Charles Keidan doggedly pursued their case despite the difficulty—and let us not underestimate this—of the four-year process of going through every higher court and getting first of all a knock-back, then a partial encouragement, and then a unanimous decision by the Supreme Court. That decision said to the Government, in judicial language—I have not seen this in a judgment before—“Can you please get a move on here and hurry up?” I think that message has got through to the Minister.
Putting the jigsaw together has been a painstaking process. The pressure is on the Government now, with all the indications given, hopes raised and options ruled out. A consultation is now under way and there must be mechanism—of which the Bill is an important part but not the end—to put the measure into law.
The law will be changed at some point to allow opposite-sex civil partnerships. However long overdue that unfinished business is, we must welcome it. This is an important stage of the process, where the Government have a chance to set out their intentions at length, so it would be helpful if the Minister could set out, as far as possible, the mechanism and timescale involved. Every possible encouragement has been given by the House, the Supreme Court and the public at large, who are hugely supportive. As we have heard, this is a matter of some urgency for some families.
I congratulate all those involved in the process. It has been a good example of successful joint working across many institutions and bodies. We just want the Minister to explain where we go next.
I thank the hon. Members for Harrow West and for Hammersmith for their comments. The hon. Member for Harrow West knows the political situation in Northern Ireland. In fairness, the issues have been devolved to the Northern Ireland Assembly—and to the Scottish Parliament. There are no members of the Scottish National party here, but there is a Scottish Member present, and I am not sure how the Scottish Parliament, the matter having been devolved to it, would take a report from the Secretary of State telling it what to do. Given that it has already held a consultation—perhaps I am speculating here—it might have matters in hand anyway.
I served on the Standing Committee on the Civil Partnership Bill in 2004. It was dealt with here with a legislative consent motion from the Scottish Parliament. The feeling at the time was that that was an easier way of doing it—another pragmatic step along this long road. I am reliably informed that there are fairly good telephone services between London and Edinburgh. It would not be that difficult to work out the Scottish Government’s intentions.
Given that this is a private Member’s Bill, I am afraid that we feel constrained to observe the political fact—as well as the political courtesy—that the matters are devolved. I understand the motivations of those who want change across the whole UK, but I regret that on this we must observe the fact that the matter is devolved. Not only must we underline our view that the Bill is not the right place in which to grapple with the political situation in Northern Ireland; we must allow it to resolve what are devolved matters.
The hon. Member for Hammersmith made a powerful speech on behalf of his constituents on Second Reading. I understand his wish for a timetable. At the moment, we have the timetable set out by the private Member’s Bill. The work is ongoing. Those who assist me and the officials have a great understanding of the urgency of the situation. We want to get to a position where we have the evidence and we have ensured that we have lined up all the other matters connected to an act of civil partnership and the issues that flow from that for other Departments. The Secretary of State is always in listening mode, as am I. I am grateful to the hon. Member for Hammersmith.
Obviously I would like the Minister to go further, but will she at least acknowledge that it is in principle possible to amend the Bill on Report, were that to be at the end of October, to satisfy the findings of the Supreme Court? Alternatively, she alluded to the possibility, without going into detail, of an even faster way of doing it, in which case the Government’s priority is to do this as rapidly as possible, but hopefully no later than on Report.
I regret to disappoint my hon. Friend, but I am but a small cog in the Government machinery. Although, as my hon. Friend knows, the Secretary of State is very much seized of the matter and concerned by it, I would not want to take the risk, respecting this Committee and colleagues from all parts of the House as I do, of speculating at this stage.
I very much endorse the views of the hon. Member for East Worthing and Shoreham. Given the terms of the Supreme Court judgment, I encourage the Minister to represent to those whose agreement she will need within Government that at the very least we should be entitled to some sort of timetable, so that we know the Government’s intentions in bringing UK law back into compliance with the European Court of Human Rights.
Very much so, and these discussions will assist others who are perhaps not intimately involved in these matters in understanding the concern that Members from all parts of the House have on the urgency of the situation.
I regret that I have to resist strongly the amendments put forward in the name of the hon. Member for St Helens North, which were spoken to with great eloquence by the hon. Member for Harrow West. The Government support new clause 1, as proposed by my hon. Friend the Member for East Worthing and Shoreham.
I rise to respond to the amendments that the hon. Member for Harrow West spoke to. In principle, I am very supportive of them. That may be a slight surprise, as I was not the biggest fan of the Marriage (Same Sex Couples) Act 2013 for reasons at the time, but it has become law and the world has not fallen in. It will remain law, and I certainly would not vote to change it.
I believe in law for the United Kingdom. We have the present dilemma over the availability of abortion, but I support the rights for women to be able to access abortion in just the same way as the United States—crikey, not the United States; that is a whole different ball game. I support the rights for women to be able to access abortion in Northern Ireland in just the same way as in any other part of the United Kingdom. Similarly, if we are to have equality in civil partnership and same-sex marriage, they should be available to every citizen or subject in Northern Ireland in the same way as they are for someone in London, Edinburgh or Cardiff.
I have no problem in principle with supporting what the hon. Member for Harrow West is trying to do. If his hon. Friend the Member for St Helens North had needed to take his ten-minute rule Bill on the subject to a vote, I would have happily voted for that, but I just request that this is not the Bill to do it—I have enough work on my hands as it is trying to get the Bill through both Houses without adding a whole dimension that involves the Democratic Unionist party and certain other forces in Northern Ireland. It could kibosh the entire Bill. The Minister has given her view, and we can have a separate debate about what happens about making law in Northern Ireland in the absence of its Assembly. I will continue to support the Bill proposed by the hon. Member for St Helens North, but I would ask that the amendments to this Bill in his name, which have been well and truly probed, are not pressed to a vote. They might cause ruptures in this Bill, which I do not want. I hope that the hon. Member for Harrow West will see my reasoning for that.
The Minister is certainly not just a cog in the Government machine; she is a substantial part of the winding mechanism and is going places, as we all know. The problem here is that she is not in the Department that now has responsibility for equalities legislation, which part of the Bill relates to. Frustrating though that might be at this stage, there are conversations going on behind the scenes, and I know that she is constrained in what she can say, although I sense that she would like to be able to say more. The key point, however, is that the Government Minister responsible has made it very clear that abolishing civil partnerships is not an option to achieve equality, so the only option is to extend civil partnerships.
It has also been made clear that time is of the essence and too much delay has already taken place. That was the basis of the Supreme Court’s ruling. I do not see what additional research, surveying or opinion polling is going to bring to the party. Frankly, it is academic, because this is a matter of equality. If the number of the 3.3 million cohabiting couples who came back and said, “Yes, we want to enter into a civil partnership” were a smaller proportion than anticipated, it would still be a proportion to whom the option of equality is not available, and it has not been since 2014, and that is in contravention of the European convention, as has been set out very clearly.
If the Minister wants numbers, one number that I would certainly like to repeat is that up to the end of 2016, 71,017 same-sex couples had entered into a civil partnership. Of those, just over 7,000 have been dissolved and 7,732 have been converted into a marriage. That is just 12% of civil partnerships, so the vast majority of those entering into same-sex civil partnerships who were then given the option of converting that into a marriage under the 2004 legislation chose not to. That suggests that there is a very significant demand for civil partnerships from those people who undertook them; for them, that is what they wanted to achieve. Although the numbers entering into new same-sex civil partnerships have fallen back substantially because there is now another choice, the number did go up last year. A substantial number of people would be left in a very exclusive and rather awkward little grouping of people if civil partnerships were to be abolished, and that is why it is not a victimless option.
If we come back to Northern Ireland, there is another dimension. If civil partnerships were to be abolished, nothing would be available in Northern Ireland—civil partnerships are available in Northern Ireland, but equal marriage is not—so same-sex couples in Northern Ireland would have absolutely no route to have their partnerships recognised with all the protections that the state brings, either through civil partnerships or through marriage. That would create a huge problem.
We need to make it clear that civil partnerships are here to stay. The sooner the Government say that on the record, in support of what the Secretary of State has already said—and the sooner that they say we are going to extend civil partnerships and have consulted—the better. I hope that the Minister and I can work closely together over the summer to see that whatever procedures need to happen, happen at pace, and that there is the intent and ambition to try to reconcile the matter in time for the Bill to be amended at a later stage. I am open to even speedier ways of achieving equality, if that is possible.
I just wanted to put those points on the record. The Minister is nodding to indicate that she has heard them, if not necessarily that she will agree to execute them. On that basis, I ask Members to support new clause 1 and the accompanying amendments 16, 11 and 13, and I respectfully ask the hon. Member for Harrow West not to press amendments (a) to (c) to new clause 1 to a vote.
I apologise for my voice, Mr Sharma; I am suffering from end-of-term lurgy. I hope hon. Members can hear me. I thank my hon. Friend the Member for East Worthing and Shoreham again for this part of his Bill, and I emphasise that the Government are committed to ensuring that the NHS provides the safest and highest quality care. That is particularly true for maternity services.
Sadly, some pregnancies will end in the death of a much-loved and wanted baby. Although the care considerations for still births and pre-24 weeks pregnancy losses may be similar, in practice, local factors may have an impact on the support parents receive, depending on the gestation stage of the loss. Registration and certification can be an important part of acknowledging a pregnancy loss, and that is why the Government fully support the need to look into the issue more closely.
Pregnancy loss is more common than people realise, and I thank all hon. Friends and hon. Members who have spoken in this place about their experiences, and who have educated those of us who have not had to endure the agony of losing a baby. I am bound to thank the hon. Member for Washington and Sunderland West for her contribution to the wider debate and in Committee, and my hon. Friend the Member for Colchester, who has done so much work on the issue across the House. That is why the Government have already committed to looking at whether the legislation should be changed to allow for the registration and certification of pregnancy losses before 24 weeks gestation.
We support the requirement in this clause that a report is prepared before we consider any changes, because of the obvious sensitivities involved. In conducting this review, the Government are engaging closely with health practitioners, registrars and charities. Most importantly, the review is speaking to parents who have lost a baby before 24 weeks, to learn about their experiences and how to ensure that they receive the best care and support possible when such a tragedy takes place.
I am delighted that my hon. Friend the Member for East Worthing and Shoreham and the hon. Member for Washington and Sunderland West are on that panel. If I may say, the hon. Member for Washington and Sunderland West has demonstrated the considerable weight of experience and the value that she will contribute to that panel. I know that hon. Members were not invited to the first meeting. I understand that it had already taken place before the Secretary of State insisted that both hon. Members sit on the panel. I know that the officials sitting behind me will ensure that future sessions of the panel are communicated properly to both hon. Members, so that they are able to contribute, as they clearly should. The work of the panel will inform the report that the clause requires the Secretary of State to prepare and publish.
I am grateful for the great support from the hon. Member for Washington and Sunderland West. She shares my reservations about the way the committee is going. But with the comments we have made, and the support of the Minister and the new Health Minister, I think we will achieve a satisfactory conclusion in due course.
The hon. Lady also mentioned her daughter Lucy. It was mentioned on Second Reading that if this becomes law, it should be known as Lucy’s law. There was great agreement on that at the time. This affects too many women, and fathers too. It would cost nothing to put it right. A little effort would prevent an awful lot more angst for parents who have already been through this traumatic situation.
The clause only commits to having a report at this stage, but there is an expectation that the Government will want to turn that report into legislative change—into action—to complement the good work that is going on to prevent anybody from being in the iniquitous position of realising that their child is not officially recognised by the state, by substantially reducing the number of stillbirths and miscarriages.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Coroners’ investigations into still-births
The clause is an enabling clause. It gives Ministers the power to give authority to coroners to investigate stillbirths. It empowers them to do that by amending the 2009 Act; the matter would not need to be revisited. The exact terms on which Ministers will give the power is subject to the report that is being prepared.
To return to the hon. Gentleman’s amendments, the work is happening now and a number of coroners have contributed to it, including the West Sussex coroner, Penelope Schofield, who brought the issue to me and asked me to include it in the Bill in the first place. She has been impressed by the input of the officials involved, and by the progress that the group preparing the report is making. For example, there seems to be a consensus for giving coroners powers to investigate full-term stillbirths—at 37 weeks onwards. Those are the ones that might be considered least likely, in comparison to those closer to 24 weeks, when the position is more delicate, and therefore more questions need to be asked. In some cases it might require a coroner to ask those questions.
That is probably a good starting point, and if, with experience of coroners investigations, it appears that the term in question should be brought forward, the issue can be revisited later. However, an important starting point is set out, which will give confidence to parents who have suffered a stillbirth that in a small number of cases—it is not a question of flooding coroners with an awful lot of additional work—if the questions have not been answered, the full independence and weight of open inquiry that a coroner can bring to bear will be available to them.
Coroners have made it clear to me that they are sufficiently resourced to deal with the likely demand. As well as being important for parents, the change could mean a financial saving, because getting to the bottom of why many stillbirths happen would make it possible to learn more. We might avoid some long drawn-out and contentious legal cases, on which the NHS pays out a lot of money.
For the reasons I have set out, I urge hon. Members to support the clause—and amendment 15 to the long title. I hope that my assurances will enable the hon. Member for Harrow West to withdraw what he says, because the intention is for coroners to do the work. I think that there was a worry that it would not be coroners, but the measure is all about coroners.
There has been good progress with the report, and I hope that more information may come back even before Report, to be confirmed in the Bill. However, the clause is an enabling clause that would give the Secretary of State the power to allow coroners to investigate stillbirths.
I shall speed through, in view of the time. I assure the Committee that the Government agree completely that there is a need to look at the role coroners could play in investigating stillbirths. A great deal is already being done. For example, improvements are already under way in the NHS, including the newly-established Healthcare Safety Investigation Branch, which investigates full-term intrapartum stillbirths, neonatal and maternal deaths, and severe brain injuries that occur during labour. The improvements meet the Royal College of Obstetricians and Gynaecologists criteria for the Each Baby Counts programme. However, we agree that we should look at how coroners may add to that learning and to prevention of stillbirths in the future.
The Government have already committed to looking into the question of coroners investigating full-term stillbirths and support the requirement in the clause that a report is prepared before we make any changes. There are important and sensitive issues to explore, including what powers a coroner should have to undertake any investigation such as the ordering of post-mortems and when any duty to investigate should apply. We also need to consider how we can maximise the learning from each coroner’s investigation.
Our concern is that amendment 17 would prejudge the findings of the report and the discussions that the Government are having with the many stakeholders in this area. We would not be able to look at whether there should be a role for coroners; it rather assumes that there should be one. We submit respectfully that that is not the correct approach. While many bereaved parents who may have had difficult experiences will want a coroner to carry out an investigation into stillbirths, we need to consider alternative experiences. Some parents may find the formal coronial process too distressing—it may be too much for them on top of the investigation the NHS would carry out—and they may want the official processes to be over so they can find the wherewithal to deal with their grief. They may not want to go through an additional official process before they begin to mourn.
On amendment 18, while the Government agree that we should move quickly, we must not be constrained in time to reach the right conclusions, which are what every member of the Committee is concerned to achieve. It is important that the report is thorough and all views are considered carefully. We want to explore in detail whether and in what circumstances a coroner may investigate stillbirths, and that will take some time. We are not dragging our feet. We have already begun the review on which my hon. Friend the Member for East Worthing and Shoreham has given some details. That demonstrates our commitment to making progress as quickly as possible and, if change should be made, to make it in a timely manner. While I cannot commit to timescales, I consider that good progress is being made.
Officials have already engaged with a number of stakeholders, including bereaved parents, the Chief Coroner and senior coroners, medical professional bodies and organisations involved in research and support to those who have experienced stillbirth. I thank all those who have given their time for that. Once the report has been published, clause 4 will provide the Lord Chancellor with a power to amend part 1 of the 2009 Act to enable or require coroners to conduct investigations into stillbirths. The Government support the clause and invite the hon. Member for Harrow West to withdraw his amendment.
As I said in my opening remarks, these are probing amendments. I hope that before we get to Report the Minister might be willing to brief my hon. Friend the Member for Nottingham South on the progress of the review and where the Government’s initial thinking is on that. That would be helpful and would give confidence to the hon. Member for East Worthing and Shoreham that the Opposition, who support my hon. Friend’s work in this area, would not want to delay the Bill further.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
(6 years, 1 month ago)
Public Bill CommitteesI am grateful for the publication of written evidence, but the responses to the consultation that was the forerunner to the Bill have not yet been published. A summary of the responses is on the Home Office website, but several of the witnesses who will give evidence today reference their consultation responses in their biographies, and we have not had access to them. Could we at least have the consultation responses from the witnesses who are giving evidence today and on Thursday, if not all the responses?
The list of corrosive substances in schedule 1 is based on some scientific advice that the Government have received, as I understand it. Could that advice be made available to us as well?
If I may, I will check with the officials and get back to the Committee on that.
Good morning. We are now in the public part of our sitting. We will hear evidence from Redthread, the Ben Kinsella Trust, St Giles Trust and Acid Survivors Trust International.
I remind all Members that questions should be limited to matters within the scope of the Bill. We must stick to the timings in the programme motion that the Committee has already agreed. For this session with the four witnesses here, we have until 10.55 am. Before we start, do any Members of the Committee wish to declare any relevant interests in connection with the Bill?
For the sake of completeness, Mr Gapes, I used to prosecute for the Crown Prosecution Service and other prosecuting agencies before I was elected to this place.
Thank you very much. Any others? No.
I ask the witnesses that when you answer a question for the first time, please introduce yourselves and tell us about your background. We will do it that way rather than any other way round, to save time.
Q
John Poynton: My name is John Poynton. I am chief executive of Redthread, a youth work charity that works in partnership with health, particularly emergency departments at major trauma centre hospitals. The charity meets young people when they are victims of violence and attends the emergency departments. It uses that window of opportunity or teachable moment to help with wrap-around support and to encourage and empower young people to help to break their cycle of violence.
There is a recognition in working with the London major trauma centres and other local emergency departments and the major trauma centres across the midlands that by the time a young person attends a major trauma centre with a major trauma stabbing or shooting injury, they have often already attended on average four to five times with lower-level injuries. The idea is that violence breeds more violence. Some victims will go on to become perpetrators if there is not an opportunity to interrupt the cycle of violence, and others will go on to become victims time and time again.
There is an amazing opportunity in that clinical setting for Redthread youth workers—I am sure Rob will talk about the St Giles team on the trauma ward at the Royal London—to be embedded and to work shoulder to shoulder alongside the doctors and nurses, so that they meet the victims of violence in the department and follow the patient to give them support and really use that teachable moment.
Rob Owen: I am Rob Owen from the St Giles Trust. I suppose we are best known for the fact that I probably employ more former armed robbers and drug dealers than any other organisation in the UK. They like the fact that I am a reformed ex-investment banker, so that probably fits well.
Our model is that we want to use people with lived experience, who have had similar life experiences, to help our client group. In this field in London we want to focus predominantly on the preventive side. We run a very effective project called SOS+, using people who have had those lived experiences, who have been trafficked, sometimes exploited and certainly involved in gangs, to go into, now, predominantly primary schools and secondary schools to explain to kids the realities of getting into a gang—the realities of having a drug debt; the realities of someone forcing you to take drugs out of your backside at point of violence. They demystify the allure that a lot of people feel about county lines, getting involved in drugs and carrying weapons. The spread of county lines in market towns and coastal areas is something that I am sure you guys are aware of and something that is going to become an increasingly big problem in the UK.
That is the preventive side. On the doing side in London, we run one of the largest gang-exit services, again called SOS, which was founded 10 years ago by an amazing man called Junior Smart. It uses people who have very credible life skills to work with those who are in gangs and are at the point when they probably feel they can exit. We want to get them out safely, so sometimes we work intensively with the police to get them relocated, but getting a young child out of a gang is often much simpler.
Finally, to go back to John’s point, we were very fortunate in being approached by Martin Griffiths who is the most amazing trauma surgeon in Britain and was celebrated by the NHS 70-year awards. He was fed up with the fact that 46% of young people on his slab had been there before—it was very interesting what John was saying. Martin was upset by the fact that these kids now have on average seven puncture wounds. They are not being attacked, as in the old days, by one kid on one kid; they are being attacked by multiple kids, so you get one person with very traumatic injuries. He was fed up with the fact that these same kids were coming back again and again. He brought in, through Redthread, our ability to come in and have those SOS caseworkers at the hospital, at the point of most need—a point of reachability, I suppose is the answer—to try to de-escalate violence that could occur because that young child has been attacked with their peer group, but also to take that kid and give them a much better chance of not getting involved again in the cycle of gangs. That percentage has gone from 46% to 1%, which we are obviously quite pleased with and which I think Martin is very relieved about.
The people we are dealing with are multi-disadvantaged and very hard to engage. They feel they have no role or stake in society. The only way to help them is to put in place intensive support that encompasses their family and their siblings as well. That is the scope of what we are doing.
Patrick Green: My name is Patrick Green, CEO of the Ben Kinsella Trust, which was set up 10 years ago following the murder of Ben Kinsella in Islington in north London. We work with children who generally display really good behaviours and values and go to school. A lot of the children we speak to would not normally be those whom we feel are concerned with knife crime, but our ethos is that it is important that all young people should have a conversation around knife crime. We believe there is a teachable moment much earlier in the process, and our job is to stop young people going to John’s and Rob’s services. We hope to lower that number.
Many young people learn about knife crime from other young people or via social media, which are never the most reliable sources. We give young people the opportunity to talk to a credible adult and have an experience that helps them to embed good values. No young person is born with a knife in their hands. It is a learned behaviour. If you can help them to unlearn those behaviours or value the good behaviours and values that they have, at a point in the future when they might be tested, they can go back to a point that they have a reference on, and it makes a big difference in making more positive decisions. We have worked with about 10,000 young people since 2012.
Jaf Shah: Good morning. My name is Jaf Shah, executive director of Acid Survivors Trust International. Interestingly, we have always historically had an international focus, but the rise in attacks in the UK, particularly over the last five years or so, led a number of our partners and Government organisations with whom we have worked overseas to say, “Look, you are advising us. Why aren’t you doing anything in the UK?” In order to not appear hypocritical, we decided to take on a largely advocacy role here in the UK to bring about some of the changes that we have brought about in other countries with a great deal of success. Our focus over the past few years has been about trying to raise awareness of acid attacks in the UK, to place them within the context of how it happened—why it happens, who are the victims, who are the perpetrators—and to use some of the methodologies that we have acquired to tackle those issues in other countries—with, as I said, some success. It is a new journey for us here in the UK because we are dealing with a quite different demographic than we would be dealing with in terms of perpetrators.
Our latest research is based on a Freedom of Information Act request, having approached all the police forces in the UK. I was of the view two years ago that the vast majority of attacks were committed by young men on young men, but our latest Freedom of Information Act request has revealed that that figure is distorted by the figures from London, where it is true to say that two thirds of victims are young men and a third of victims are female. If you take the Met figures out of the equation, you realise that at least 52% of victims are women, which then starts to follow more closely the global pattern.
Here in the UK, we are looking to bring a change in legislation, and we are working with local partners to start to engage with the communities most affected. Our offices are based in Tower Hamlets, which has probably the third highest number of attacks in the whole of London. We particularly want to engage with survivors to begin engagement with young people around education programmes, and many survivors with whom we are working closely are very interested in pursuing that goal, with the desired outcome of reducing attacks in the UK.
Q
John Poynton: I do not have the precise statistics on what is coming in, but there is no question that there is no place for zombie knives, machetes and large weapons like that. My concern is that a number of young people will come to hospital with all sorts of improvised weapon injuries from screwdrivers and the like. Clearly it is important to make weapons less easy for young people to get hold of, but there will always be a need for education and earlier intervention, to look at how we get young people to understand that certain weapons are tools, and that there are ways to use them. This should not be about finding any sharp implement, be it a screwdriver or something else that has been sharpened, to use. When young people come to hospitals, it is not as clearcut as saying that it is just about zombie knives or kitchen knives.
With regard to availability, a lot of young people talk about the traditional method of ensuring that the public feel safer that weapons are being taken off the streets: we see the traditional use of photos of weapons that have been found or taken, and that helps us to feel that those weapons have been removed. The broader picture—the public health approach to looking at this issue—is that lots of young people will see those same pictures that make us feel safer, but they will perhaps not read all the copy that goes with the picture and they will see those pictures as showing the weapons that are available, and they are somewhat traumatised by the idea that those weapons are available. The availability or lack of availability of certain weapons needs to sit alongside a clear and simple narrative to ensure that the entire community—including young people and us—understands that the community needs to be safe. We all need to have the same perception that the community is safe, and not have this misunderstanding of what they need to do to feel safe.
It was interesting for the police to recognise last year that only 25% of knife crime could be attributed to gangs. My question is about what we do with the 75% of “normal”—for want of a better phrase—non-gang members. How do we really educate them to understand that they do not need to pick up a knife to feel safe on the streets?
Rob Owen: Picking up on John’s point about escalation, it is almost like an arms race. What is happening with county lines in particular is that London gangs are looked up to as the grandfathers of gangs, and regional areas aspire to be more like London gangs, often because of social media. They are saying, “We now need to have weapons, because we need to up our game.” In the old days the drug market in a market or coastal town was safer. Nowadays the kids who are involved in county lines or local drug dealing groups are thinking, “We need to have the next big thing.”
There is definitely an escalation in violence, and there is definitely an escalation outside London of the use or ability to use a weapon. The really sad thing is that a screwdriver is more deadly than a knife. If you talk to a surgeon, they will say that it is more complicated to sort out a stab wound from a screwdriver than from a knife, which I was surprised by. In primary schools, it is about demystifying. On social media, people see that there are safe places to stab each other—this is well documented. Actually, there is no safe place to stab someone, because if you hit an artery, it is pretty much game over.
A public health approach has to be taken. When the police catch a kid with a knife, one of the things that has to happen is that has to be seen as a beacon of need—that that kid needs some support to try to break that cycle. The kid is carrying that knife for a multitude of factors, but we are not going to solve things by taking that knife away or taking the drugs off them—then they would have a drug debt, too—and throwing them in prison. They will come out and have the same problems. It is about putting in that intensive care, even if they are caught with a knife, however unpalatable that is to the Daily Mail or whatever it is. It is about a beacon of need. All these kids who are being targeted by gangs are either in pupil referral units or have been excluded from schools. So 100% of the clients we are working with on county lines who are carrying weapons have been excluded from school. If you ever want a beacon of need for where resources should go, it is kids who have been excluded from school.
Patrick Green: Clear, unambiguous messaging around knives is important in the preventive world. If you are working with young people and there is any ambiguity, you get the “but” argument—“but I know somebody who this didn’t happen to”. You can lose the group. We are working with peer groups in schools, and that is so important.
I believe that it is important that the online world is brought into line with the retail world in terms of sales and the restrictions on sales. I have no figures for you, but from the conversations we have with the young people we deal with—particularly those who admit to carrying a knife or having carried a knife—knives will mostly be got from domestic settings, but shoplifting comes very high up in where they get knives from.
I feel that the voluntary code for e-tailing is not delivering as it should be. That possibly relates to the second part of your sitting today. The open display of knives gives young people an opportunity to take knives that they might use in other places. They are less likely to buy a knife and are more likely to shoplift it. That is why I think the legislation is important. It will help the preventive agenda and our conversations with young people. It will make it clearer to them what they can and cannot do, and that is important at this time.
Jaf Shah: I would echo much of what has been said, particularly around deploying a public health approach to addressing the root causes of this escalation not only in acid attacks, but in violent crime. In the case of acid and the availability of corrosive fluids, many complications clearly arise from the availability of lots of household products that contain high levels of corrosive content. How you regulate access to those types of products is a challenge. What the Bill proposes around licensing for sulphuric acid is an important step, because sulphuric acid at a concentration of 98% causes enormous physical and psychological damage to survivors. That licensing is a vital step, but the passing of legislation in itself is insufficient.
We need to ensure that we deploy a long-term approach to dealing with the root causes. We know that once you reduce the availability of one type of weapon, another weapon becomes available, and I think that is what has happened with the rise of acid attacks. It came at a time when there were greater attempts by law enforcement agencies to control other weapons. Many would-be perpetrators saw loopholes in the existing system that are now being addressed, so they chose to use acid, because it is a lot easier and cheaper to purchase and causes an enormous amount of physical and psychological scarring.
Q
Rob Owen: I think it is very varied. We do work on prevention. Through SOS+ we go into quite a few PRUs. They have been fantastically helpful and welcoming. It is really mixed. A lot of schools do not like to admit that there is a gang problem—some primary schools particularly are very worried about admitting that they are becoming targeted.
The gangs are becoming much more sophisticated in the way they recruit. They often do it through siblings. It is not simple. The different county lines are not uniform; they all have their own style and tolerance to violence. They all do it slightly differently, but there is a theme emerging that any child excluded from school becomes a target, because they have become alienated, and are the sort of material that the gangs are looking for.
Sadly, the people we are looking at are 10, 11 and 12-year-olds. It is no longer 16 or 17-year-olds. County lines have been going forever, but it was always older kids doing it. Now the real problems are the level of sophistication in almost brainwashing them into the gang, the levels of violence that are associated with those gangs, and the targeting of kids who have been excluded from school.
Patrick Green: I would echo that. It is really sad. We work with a lot of young people who have been excluded from school. There is no question that they are in a particularly difficult place in terms of the level of intervention and support that they need. I feel that some schools, as you would expect, do that a lot better than others.
I do not think that there is universal engagement at the moment. Things have definitely changed. Certainly, schools listen to Ofsted. We could get far more co-operation from Ofsted in terms of safeguarding, not just in the school itself but in the surrounding area and on the journey that young people make to and from school.
I just think that far too many young people are being excluded from school in the first place. We can probably tell when primary schools come to us and highlight young people whom we are already concerned about, purely from the attitude that we can see in a short two-hour workshop. Far more could be done in terms of safety nets and checks and balances on young people. When they get to being excluded from school, it is really difficult and a tough road back.
John Poynton: There is a real need to not make the schools and the young people feel as if they just have to focus on a lesson on gangs and knife crime. We have all mentioned that knife crime, gangs and county lines are symptoms of much deeper, longer-term root causes. Schools will probably not have any problem recognising that they have children who have had adverse childhood experiences throughout their lives. They have parents who perhaps are not able to support their children in quite the way they need. I suppose I really want to look at how schools are supported to engage the families and the children on those root-cause issues, rather than at trying to talk a headteacher into just having a gangs, knives or county lines lesson plan in their personal, social, health and economic education. I think you need to do both but, again, this is similar to my point about showing weapons that have been taken off the street. In going into schools, my colleagues here obviously do a very good job of ensuring that children are not traumatised. For children who perhaps are not engaging or listening in quite the same way as those who are going to stay on in mainstream education and do well, they might hear that this is normal. There is an element of re-traumatising, or possibly triggering a previous childhood trauma.
For me, it is again about ensuring that schools are better supported to work as early as possible around adverse childhood experience and support the parents through primary school, so that, as Rob pointed out, we are not having to bring the personal, social and health education lessons around county lines and gangs lower and lower, because we should be meeting it at the very beginning.
It is less threatening to teachers and to heads to talk about how we support all children with adverse childhood experience from reception, rather than to try to go backwards in talking about the more worrying subjects. I am not saying it is either/or; it is both.
We will now hear oral evidence from the Crown Prosecution Service, the London Borough of Croydon and the Chartered Trading Standards Institute. We have until 11.25 am for this session. Would you like to introduce yourself briefly?
Andrew Penhale: My name is Andrew Penhale, I am the chief Crown prosecutor for the north-east of England. In common with many chiefs, I have a legal lead area, which is knife crime, gang crime, firearms and corrosive substances.
Ben Richards: Good morning. My name is Ben Richards, I am from the Chartered Trading Standards Institute. I am here as a double act with Trish. My background is doing our workforce survey for the last few years, so I offer the national perspective, while Trish has the more legislative perspective.
Trish Burls: Good morning. I am Trish Burls, I am the manager of Croydon trading standards and the London lead for trading standards in relation to knife test purchasing, alongside the Metropolitan police.
Q
Andrew Penhale: It probably has not been adequately dealt with as it should be. Part of the work we have been doing in conjunction with trading standards and the Metropolitan police has been to look at measures to deal with online companies that sell knives without putting checks in place. The obvious check for a standard retailer is that you can ask for ID when somebody comes to pick it up. Responsible retailers will do that. Online, that is a little more difficult. There is a declaration, and if a credit card is used, that may to some extent offer a guarantee that somebody is 18, but of course, people can lie. Online retailers do not always put in place the checks that they should. There have been test purchases made and companies have been given warnings. There are current test purchase investigations underway.
The Bill changes the picture because it imposes concrete obligations on retailers to check the age of the purchaser and to ensure that the items are delivered only to somebody who is 18. That is a completely different picture from what we have had before. It also requires the packaging to be marked up accordingly so that it is clear to the deliverer, who may be completely different from the retailer. The Bill imposes a series of obligations that are really needed, because at the moment the online picture is not one where the checks are adequate.
Q
Andrew Penhale: That is true. The trouble is in establishing that all due diligence and checks are put in place. That is quite clear when you have got a retailer like Sainsbury’s, for instance, with a face-to-face transaction, because they can ask the question. It is a bit more complicated in the online sphere. How do you carry out a check? Without improved measures there is not really a position. The law has not kept up with technology, and as a result the Bill is really needed to resolve that.
Trish Burls: I think we should make a distinction. The police take prosecutions through the CPS route, whereas local trading standards departments take them through their local authority’s prosecution route. As far as I am aware, trading standards have not taken any online prosecutions. The onus of a prosecution will fall on a local team’s budget. The work we have done up to now has been alongside the police.
The new measures are welcome. However, it is important to say that we are missing a set of statutory powers in the Bill, which will not necessarily aid trading standards in carrying out much more work in that area.
Q
Andrew Penhale: Again, it is important and needed. There is this gap with online provision, and it is really important that that is duplicated from knives. It is exactly the same problem: there needs to be a verification process to ensure that they are delivered to people 18 or over.
Ben Richards: We mirror the importance of this, and we understand that. As Trish has touched on, the issues are within statutory duties and resources to be able to take on duties on top of those already being carried out.
Q
Trish Burls: For trading standards officers, yes, it is.
(6 years, 1 month ago)
Public Bill CommitteesMany thanks. Colleagues, who would like to take the lead on these matters? Minister, do you have questions of a useful nature?
Q
Christopher Lynn: Yes, thank you, Minister—[Interruption.]
Don’t worry. That musical guitar thing merely means that the speaker in the main Chamber has changed. Why we do that I don’t know, but we always have done.
Christopher Lynn: The Bill deals with high-energy rifles that exceed 13,600 J of muzzle energy. On the capabilities of those rifles, there are shooting sports that deal with extreme-ranged weapons, and they fire at screen targets to register an extreme group at a range of about 2,000 yards. A lot of that sport has grown around weapons that originally had a military application. The most commonly encountered firearm on the domestic firearm certificate is chambered for the .50 Browning cartridge, which was developed between the wars for military applications.
We have engaged with and met the Ministry of Defence to take an objective look at the power of these weapons, and it has adopted two of those .50 rifles for anti-structure use in an MOD context. In order to get an idea of the power, we have identified that one of the MOD’s user requirements for these weapons is for it to immobilise a light or medium-size vehicle or truck at 1,800 metres. These weapons have an enormous energy, and we would support the view that they are inappropriately energetic for a sporting application. The sport seeks to register a hit on a screen or electronic target at 2,000 metres, and the NCA’s position is that there is no justification for a weapon of such excessive power to have such an effect.
Q
Christopher Lynn: I am not a Londoner, so I am not sure if I can—I am sorry, Minister. The MOD has a requirement out to 1,800 metres and 2,000 metres, but the .50 Browning round—the prohibition would not deal only with that cartridge—is effective out to 6,800 metres, according to MOD data. That is 6.8 km, which is an enormous range.
Q
Christopher Lynn: I think that might be a question for my colleague.
Mark Groothuis: According to the national firearms licensing management system, where firearms licensing in England and Wales is held for the police, I can identify approximately 129 weapons that would be affected by the prohibition, should it come in. There will be more in the trade. We do not have a picture of how many are held by firearms dealers, so it will be more than that. Certainly, on firearms certificates, a minimum of 129.
Q
Mark Groothuis: In England and Wales. We do not know about Scotland.
Q
Mark Groothuis: They tend to be fired on Ministry of Defence ranges because they are the only ranges that are large enough to incorporate this very long-distance target shooting.
Q
Mark Groothuis: Certainly, there is no example of their being used in crime recently. We have to go back to the troubles in Northern Ireland, when there was a suggestion that the .50 was being used to snipe members of the armed forces. So, we are going back to the ’80s. Other than that, there is no suggestion that legally held .50 rifles have been used in crime.
Q
Mark Groothuis: The threat, as I see it, is that we see an increasing trend of legally held firearms being stolen from certificate holders. The number of guns being stolen is going up. I can give you some statistics, if you like. So far this year, on the national firearms licensing management system, we have got 39 rifles stolen, all of a different range of calibres—none of them .50—and 165 shotguns have been stolen. Again, we are seeing an increase in the use of firearms in crime—mainly shotguns, as they are the volume guns that are being stolen, but there have been examples of rifles coming into use by criminals. They are using them in possibly gang-related shootings.
Q
Mark Groothuis: It is simply a question, I suppose, of removing the risk. In having licences for these hugely powerful guns in the community there is always a risk that they will be stolen. Most, in fact all, of these guns are being kept in private domestic circumstances. If I am a firearms certificate holder and I have got a .50 rifle for long-range target shooting, I will keep it at home.
Although we could say, “Let’s increase the security,” there is only so much you can do to protect these sorts of premises. There are no club armouries for these sorts of guns; they are all kept at home. It is whether we wish to take the risk of these things being stolen. There was one stolen in July 2016, together with ammunition, along with four other rifles that were stolen. One of those was actually used in crime—in a shooting. The .50 was ultimately recovered and, in fact, it had had its barrel sawn off.
That does show that maybe the crime gangs—the criminals—do have an appetite to use these guns if they are stolen. My concern is that, if one of these guns were to be stolen, again with the ammunition, and if it were to get into terrorist hands, it could be very difficult to fight against or to protect against. There is very little—nothing, as far as I know—that the police service have that could go up against a .50 in the way of body armour or even protected vehicles.
It is just a risk you have to make a decision on. Because of the nature of the sport—it is just long-range target shooting; there is no quarry shooting involved in this—do we want to take that chance?
Q
Mark Groothuis: Do you mind if I hand over to Gregg Taylor from NABIS on that?
I think the witness is about to explain.
Gregg Taylor: Essentially, it is a manually activated release system. With the cycle of a semi-automatic rifle, you would normally chamber a round, and it would fire and then recycle itself, ready to be fired again with another pull of the trigger. What the manually activated release system does is to hold the bolt back temporarily, so the firer essentially has to pull the trigger twice. It is building a delay system into the mechanism. The Firearms Act 1968 would then classify that rifle as a section 1 rifle rather than a section 5 prohibited self-loading rifle. It has been designed to get around the UK firearms legislation—so it can be classified as section 1 rather than a prohibited weapon. What the mechanism does, if you fire one of these weapons, is to give you quite a high rate of fire, nearly equivalent to a regular self-loading rifle, with a simple double pull of the trigger.
Q
Gregg Taylor: Within the shooting community, if you have difficulty operating, say, a bolt-action rifle, I can see that something that would self-load might be an option for you, but the risk these weapons pose, and the fact that they were specifically designed to get around UK legislation, start to question the Firearms (Amendment) Act 1988, which came in specifically to ban self-loading rifles other than .22 calibre. There may be other options for disabled shooters. Again, it comes down to the risk that these weapons pose.
Q
Gregg Taylor: A bump stock is an additional grip mechanism that is attached to a regular self-loading weapon. What that does, when you attach the bump stock, is to allow you, essentially, to have a simulated full auto weapon. It is another device that has been specifically designed to turn a regular self-loading rifle into something more akin to a full auto. There are videos online that you can watch, and the rate of fire is extreme. Given the risk they pose to public safety, I think it is correct that they are in this Bill.
Q
Gregg Taylor: In the US, yes, with the Las Vegas shooting. I think 12 out of the 14 weapons that were used in, or recovered from, that event had the bump stocks attached. We are all aware of the rate of fire and the number of people who were killed in that event.
Q
Mark Groothuis: It includes two other calibres: 14.5 mm and 20 mm. If the prohibition went ahead at 13,600 J, it would capture not only the .50, but larger and more powerful calibres as well. I believe the 14.5 mm firearms are effectively Soviet anti-tank weapons and the 20 many might be a bespoke-built firearm. Most of them are from a military background.
Q
Mark Groothuis: Yes, they may do, and there are exemptions within the Act that allow non-certificate holders to participate in such shooting. It just seems odd—or certainly weak, from my point of view—that it is so easy, as a matter of law, to hand over a very large quantity of ammunition to someone who has had no vetting or background checks. It puts so much shotgun ammunition into the public domain.
Q
Mark Groothuis: The volume is a concern, yes—the fact that it is just so easy to transfer shotgun ammunition. You shouldn’t be transferring shotgun ammunition to a prohibited person, but how do you know whether the person you are standing next to is prohibited or not? They could be prohibited by virtue of a suspended sentence or a custodial sentence. You would probably know about the custodial sentence if you are a close friend, but there might be someone who has got a suspended sentence, and they may be prohibited. I would also ask how some people who have got suspended sentences know they are prohibited because, as far as I know, there is no mechanism for educating them on that at the moment.
Q
Assistant Chief Constable Orford: We are just over 10 people, and different forces will have different requirements. One thing that surprises a lot of people outside of this world is that the size of the force does not necessarily indicate the amount of work involved. North Yorkshire police is a small force but has a significant amount of firearms licensing and will have a bigger department, commensurably. That very often goes with the rural side of policing. As you have heard from the statistics, shotguns are a lot more prevalent than firearms.
Q
Deputy Assistant Commissioner Ball: Good afternoon. I am Duncan Ball, Deputy Assistant Commissioner in the Met, and I am the National Police Chiefs Council lead for knife crime, gang crime and county lines.
Assistant Chief Constable Kearton: Good afternoon. My name is Rachel Kearton. I am the Assistant Chief Constable at Suffolk constabulary and the National Police Chiefs Council lead for corrosive substances.
Q
Deputy Assistant Commissioner Ball: Knife crime as a whole is hugely challenging, not just for police but the public sector and voluntary organisations in general. One thing we have been able to do, particularly over previous years, in addition to enforcement is to look at the retail sector within the high street. That is certainly a more traditional area for policing and other agencies to operate in.
One particular challenge we found over the past two or three years is the availability of knives and the access that young people in particular have to knives online. Although it is not a completely ungoverned space, clearly the opportunities are there for young people in particular to get hold of knives that they perhaps would not be able to across the normal shop counter. They are quite prevalent; one look through the internet will show the huge array of knives on sale.
We do quite a lot of regular test purchase operations, both with the police and trading standards. There are quite a number of fails, which mean in a shop sale context that the retailers are selling knives to under-18-year-olds, we also see that as a quite significant area as well online. We do see a number of cases where children, young people, are getting knives online. Certainly from a policing perspective, there is a real need to try to put some regulation and legislation around that, to try to restrict that access.
There is one point I would like to make. Because knife crime is so complex for so many different measures that we have to put in place, we certainly recognise that there is not a one size fits all; there is no one solution. In terms of marginal gains, every opportunity that we have to limit access and prevent the sale of knives to young people, particularly people under 18, is certainly an opportunity we would look to take hold of.
Q
Deputy Assistant Commissioner Ball: You will be aware, Minister, that we ran Operation Sceptre earlier in the year, so we had all 43 forces, plus British Transport police, involved in that. That was a national knife crime week of action. We looked at a whole range of activities, from the most important part, clearly, of engagement with schools and prevention activity, through to test purchase operations with retailers, which I have just mentioned. It also included other preventive measures, such as weapons sweeps, so trying to remove knives from playgrounds and parks, where young children have ready access to them.
There was also a very strong enforcement message. Clearly, when people are using knives, we would rather they were not doing that in the first place. We had a strong enforcement drive, particularly round those who continually carry knives and use them with impunity. We see on a regular basis the absolute tragedy—we have seen a number of murders in London and nationally this year—that each of those crimes represents.
That was our week of national action but underlying that there is the daily work that goes on within forces, local communities and neighbourhood policing to reach out to young people in the prevention work that we do. There is also really robust enforcement around those people who do not choose to put their knives down and those who are obviously causing significant violence and harm to communities.
Q
Assistant Chief Constable Kearton: There has been a lot of activity in the last 12 months on what can be done to moderate the use of corrosive substances and to make sure that they are in the right hands and are used for legitimate purposes. One point I would like to make is that the substances used are often legitimate household goods, which brings a number of difficulties and challenges around their control. However, the data return shows that they are being used by young people, and similar constraints on sale to under-18s will work alongside and in tandem with constraints on the sale of knives and other objects to help to control young people’s access to these substances, the use of which can cause significant psychological and physical harm.
On access and use in public places, the onus has previously been on police officers to identify those liquids, which is a challenge in itself; they have often been decanted into other containers and are not held in their original sales vessels. The onus is also on the police officer not only to say that something is a corrosive substance—it may just be a clear liquid—but that there is intent to use it for grievous bodily harm or in an offensive attack. This change will put the requirement on the individual on the street to explain the circumstances in which they are in possession of these corrosive substances.
Q
Assistant Chief Constable Kearton: A lot of work has been put into a preventive strategy in the last 12 months, working very closely with the British Retail Consortium, which represents 170 or more retailers across the country. That activity has included voluntary agreements with those retailers to restrict sales to individuals that they have concerns about, communication to young people through education projects, and multi-agency work to emphasise the impact that these attacks can have. I again emphasise that psychological and physical impact, which I believe—based on the research done in recent months—has not been fully understood by a lot of our young people.
One example I want to highlight is Project Diffuse, which has been carried out by the Metropolitan police—working with the Institute of Licensing and the Security Industry Authority—in the context of nightclubs and licensed premises. It engages security personnel in the identification of liquids before they enter an entertainment premises and in taking appropriate action to remove substances that may cause harm. A lot is being done around prevention to address this emerging problem.
Q
Deputy Assistant Commissioner Ball: I will start with knife crime. There are obviously huge challenges in the knife crime picture at the moment. We have seen a 20% increase in knife crime nationally in the last calendar year. It is a hugely complex issue and there are a huge number of contributory factors.
One real issue with younger people coming through at the moment is their frame of reference and how they view knives. It could be argued that there is a social acceptance in some circles of the legitimacy of carrying knives. We can look at, for example, the impact of social media; people being anaesthetised to violence and sexual violence on the internet; pornography, which is readily available to young children; or video games. All those things end up anaesthetising them and with a certain acceptance of that sort of violence, or a predisposition to violent activity. They also play into a potential fear of crime in young people in particular; that is certainly something we hear from young children. We know that a lot of children or young people do not go out carrying a knife specifically to use it, but they will carry it for self-protection. The more that knife crime happens, the greater the risk of young people perceiving that the issue is worse than it is, and therefore going out with a knife and continuing to arm themselves.
There are some challenges with availability of diversion services for young people on knife crime. With austerity in general it is important that money is focused toward the right areas, and we have certainly seen some good initiatives for doing that. More than that, though, we see the rise in knife crime as being quite cyclical. If you look back over the years, it tends to rise and fall, and what is important in stemming that rise is recognising that it requires a whole systems approach.
Everybody has a part to play; it is not enforcement, because realistically, by the time the police get involved and somebody has actually picked up a knife it is perhaps too late. It is a multi-faceted challenge, and the answer is not one particular channel, but all agencies, charities and communities working across the sectors bearing down on that. The way I view knife crime is that every particular stabbing could, but for the skill of a surgeon’s knife, end up in murder and absolute tragedy.
Q
Graham Wynn: Graham Wynn, from the British Retail Consortium. I am assistant director for consumer and regulatory affairs.
Vin Vara: Vin Vara from the Tool Shop Group and past president of the British Independent Retailers Association.
Q
Graham Wynn: Retailers tell me the response has been to educate and train better, and that, ideally, it has worked. Of course, a legal requirement always brings an extra dimension, but retailers have been willing—because they realise the overall aim—to sign up to these voluntary commitments, both on knives and on corrosives. They cause some problems because they are voluntary; nevertheless, my understanding is that, in the companies that have signed up, to a large extent—I am not saying 100%—they have focused attention.
Vin Vara: The vast range of members in our association have generally welcomed the idea of this, and we had quite a few people sign up for it. Again, we gave “Oohs” and “Aahs” with it, asking, “Why do we need to do this?” and “Is it law yet?” They are asking far too many questions for us at the moment, but we do not have the right answers. We are trying to educate them. As Graham said, it is a process of getting education to them and the reasons why. It is working slowly.
Q
Vin Vara: We have got a channel of communication—normally it is emailing and texting—but we also have a publication for our members, and we will be sending out guidance from the Home Office to all our members and other retailers on our target list.
Graham Wynn: The main desire is to be clear about exactly what people are supposed to do. That is one reason why we would particularly like to see clause 17 —the requirements there, and what you can and cannot deliver to a residential address—be perhaps a bit more precise, either in guidance or in the Bill itself. That’s knives, of course. We largely represent larger and medium-sized retailers, so they have their own processes for ensuring compliance with the law. Our role is to make sure they understand as far as possible what is required so that they can comply.
Q
Graham Wynn: I understand from our surveys that there are probably about 50 offences a week—attacks—on shop workers. That is extrapolated from some research. We do share the USDAW view that carrying out an attack on a shop worker in the course of their employment should be a specific offence: either a generalised offence, or one that relates to age checking, but certainly some sort of specific offence. At the moment, people feel under threat, and that is one reason there is general support for the overall objectives of the Bill.
(6 years, 1 month ago)
Commons ChamberIn April, we published our serious violence strategy, which sets out a range of factors driving increases in violent crime. Our analysis shows that changes in the drugs market are a major factor behind the recent increases in serious violence.
South Yorkshire police have seen their budget reduce by £66 million in real terms since 2010, and they expect more to come. In Sheffield, knife crime has increased by 41% over the past year. Does the Minister agree that reducing police numbers has a direct effect on this staggering upward trend in violent crime, which has led to many tragic deaths and left many families grieving?
I thank the hon. Lady for that question. She will know that the South Yorkshire constabulary is receiving an extra £5 million this year and that the Government have protected police funding since 2015. Indeed, police constabularies across the country will see up to £460 million more in funding with the help of police and crime commissioners. Serious violence has to be tackled as part of a national strategy, which is exactly what we have set out.
Bedfordshire police are under unprecedented pressure: violent crime is up; they face the third largest terrorist threat in the country; and they have had to support the visit of President Trump and deal with an increase in mental health cases. Can the Secretary of State explain how the police can keep the people of Bedford safe when they do not have the resources to attend 999 calls?
I am sure that my right hon. Friend the Home Secretary would agree with me that the way in which Bedfordshire is kept safe is through the excellent work of its police officers and its Conservative police and crime commissioner, who has managed to increase officer numbers in her constabulary by 6.5% over the past year.
Has the Minister read the evidence produced by the Home Office for the serious violence strategy, which shows that it is highly likely that police cuts have contributed to the rise in violent crime? If she has not, will she publish it?
This rather demonstrates the difference between this Government and the right hon. Gentleman’s party. We are concerned with answering the question that the public ask us: how can we make our country safer? We have taken a cold, hard look at the rise in serious violence, and we have drawn together, from a range of parties, including the police, healthcare providers, schools and so on, the serious violence strategy, and it is through that strategy, with the help of those providers, that we will tackle this issue.
Today, the Daily Mail published the results of an exclusive survey, which showed that 57% of people say that police officers have surrendered control of our neighbourhoods and criminals have no fear of being caught; a quarter of people do not feel safe going out at night; and more than half of respondents who reported a crime did not have a police officer attend. Does the Minister accept any responsibility for those figures, or does the Home Office still labour under the dangerous delusion that its cuts have not affected community safety?
I gently remind the hon. Lady that the Government have provided £460 million in additional funding for the police this year, which I understand she voted against. Again, we have to look at this as a strategy. The problem cannot be solved by police officers alone, vital though they are. Early intervention and tackling young people before they get dragged into criminality are key, and I hope that the Labour party will support the Offensive Weapons Bill, which gives the police the powers they need.
Five months after the interim guidance on discretionary leave for victims of modern slavery, published in response to the PK (Ghana) judgment, too many victims are still being left in limbo. Do we know how many victims have received temporary status or even know their status? When will the Government update their guidance and end this human Russian roulette?
The hon. Lady will know that the Government are looking to review and reform the Modern Slavery Act 2015, which is world leading, to ensure that its practices stay in track with the criminal gangs that support modern slavery. She will also know that we have announced substantial reforms to the national referral mechanism that I hope will address the points she has raised.
That is a most interesting point, and I should be happy to meet the hon. Gentleman to discuss it.
Tomorrow, my hon. Friend the Member for Moray (Douglas Ross) will lead a debate in Westminster Hall on labour shortages in the inshore fishing industry. Will my right hon. Friend consider reintroducing a concession in the current visa rules that would allow non-EEA fishermen to come to this country to work within the 12-mile limit and support the regeneration of our inshore fishing fleets?
(6 years, 1 month ago)
Public Bill CommitteesI want to reflect on how far we have come on this issue in such a short time. It is hard to think that stalking was made a criminal offence only in 2012. Prior to that, it was the stuff of almost amusement. It is only now that we, as a society, have come to realise its appalling and corrosive impact. We have made that progress because of great campaigners such as my hon. Friend the Member for Totnes, who has been ably and graciously supported by the hon. Member for Rotherham.
I have one observation. This is an excellent Bill that will provide an important tool for early intervention. Critically, it allows to be placed on the individual not just a prohibition, but a requirement potentially to get some sort of treatment. We all want the stalking to stop, and sometimes the critical factor is to ensure that the individual gets treatment, be that talking therapy or whatever, to address the fixation that has got into his or her head. I hope that magistrates courts will take the opportunity that this excellent piece of legislation provides to protect victims and assist perpetrators.
It is a pleasure to serve under your chairmanship, Mr Gray. I thank my hon. Friend the Member for Totnes for introducing this important issue to the House of Commons through her private Member’s Bill, and for all the hard work that she and those who assist her have put into the Bill. It has been a real pleasure to work with her and to see how she has drawn together all the charities that do so much invaluable work in this area, and how she has created cross-party consensus. I was very pleased when I saw the list of Committee members, because everyone present has worked so hard in this area.
I place on record my thanks to Mr and Mrs Ruggles, whom I met through my hon. Friend in our preparations for the Bill, and to Mr and Mrs Gazzard. I met Mr Gazzard when I visited my hon. Friend the Member for Gloucester, to whom I am also grateful, and we talked a lot about safeguarding and what more we can do to prevent terrible incidents of this nature. Similarly, I must thank my hon. Friend the Member for Cheltenham, who did so much to increase the maximum sentence available when such crimes have been committed.
I reiterate that the Bill has the Government’s wholehearted support and that the question of stalking is of great importance to the Government. The provisions in the Bill will provide the police with a vital additional tool with which to protect victims of stalking and deter perpetrators at the earliest opportunity, but we know that there is much more to do.
I will answer a couple of sensible questions posed by the hon. Member for Rotherham about the consistency of police training and the police response to investigating stalking across the country. The Home Office continues to work with the national police lead, Deputy Chief Constable Paul Mills, and will deliver the updated police guidance shortly. That is being overseen by the Home Secretary, who chairs the national oversight group, which I also attend and which does a great deal of work. The hon. Lady also made a valid point about mandatory police training. Clause 12 provides for statutory guidance to the police on stalking and we are committed to working with the College of Policing to deliver refreshed training across public protection portfolios, because we understand that some forces do much better than others, and we need to bring them all up to the same high standard.
We will continue to work closely with criminal justice partners to address the findings of last year’s joint inspectorate report on the police and CPS response to stalking and harassment, including through the national oversight group. In addition, we have provided £4.1 million through the police transformation fund to the police, in partnership with the Suzy Lamplugh Trust, which is such an important charity in this area, for a multi-agency stalking interventions programme to share best practice and learning on the development of effective interventions for stalking. The proposed stalking protection orders will form part of this bigger picture to tackle stalking, as a vital additional tool at the disposal of our police forces. I very much pick up on the point made by my hon. Friend the Member for Cheltenham about these orders placing positive requirements on the defendant to address their own behaviour to see whether we can break that cycle of stalking.
In today’s digital world, we see a lot of stalking online and through social media; in fact, the very first contacts with a victim can be via that means. Can the Minister confirm that the orders established by the Bill will cover the digital spaces as well as the real-world space, as it were?
I am extremely grateful to my hon. Friend, who has done so much to further the cause of women and girls who are the victims of violence, for that intervention. She is absolutely right: the Bill covers the online world as well as the offline world, because we know—sadly—that nowadays obsessive perpetrators will try to reach their victims in any way they can.
However, it is important that we consider protecting women and girls, and indeed men and boys, from all forms of violence, which is why the cross-Government violence against women and girls strategy, published in 2016, sets out our ambition that no victim of abuse should be turned away from the support they need, and we have committed increased funding of £100 million to support that work.
I cannot let the Minister off the hook on that one, because one of the key things that we need to be able to implement that support, and the whole raft of protections against domestic violence and other forms of violence against women and girls, is the ratification of the Istanbul convention. I know the Minister said she was going to tie that into the draft domestic abuse Bill, which of course has been put back another year, but could she give us any news on that at this point?
Very much so; in fact, I gave evidence before the Women and Equalities Committee last week on this issue. We have the clear intention of ratifying the convention in the domestic abuse Bill. To ratify it, we need to have met the conditions. We are very nearly there—there is just an issue about extraterritorial jurisdiction in relation to a few offences—but we are going to make it happen, as it were, in the domestic abuse Bill, which will then enable us to ratify the convention. That is happening, it will happen, and I look forward to receiving the support of colleagues from all parties in ensuring that it does happen.
I am particularly pleased about this Bill, which I know my hon. Friend the Minister is so enthusiastic about, and I support the work that my hon. Friend the Member for Totnes has done on this issue. When my neighbour—my hon. Friend the Member for Cheltenham—and I worked on this, one of the key things that came out of it was that if we were going to send people to prison for longer for aggressive stalking, there had to be some remedial work that would make them less of a threat when they came out. I think this positive requirement of the defendant will make a real difference. Does she agree?
I do. Again, I am grateful to my hon. Friend for all the work that he has done in this very important area. What I like about the way in which the Bill is drafted is that it gives flexibility to the police and the courts to offer a bespoke package, as it were, to the perpetrator, so that if experts feel that a particular measure will stop the cycle of violence, then they can propose that.
I hope that over the coming years, particularly with the development of technology and so on, we might see some interesting innovation in this area. I also hope that we will see similar innovation when it comes to the domestic abuse Bill, because, of course, this Bill goes hand in hand with that one, and there is a great deal of co-ordination that we can achieve in tackling both forms of violence.
I thank my hon. Friend the Member for Totnes and the Minister for their great work. I believe that in the consultation a huge proportion of people simply felt that we did not have the correct legislation to deal with this stranger stalking, which is why I am very pleased that the Bill is being introduced. So many people have been affected, from celebrities to ordinary people, some for 20 years—for many years. Will the Minister give some assurances on how much evidence will need to be built up, and how quickly the great powers in the Bill can be used, after one spots a potential stalker?
Of course, stalking can present in many different ways. As we have discussed, what is key is that the police are aware and conscious of patterns of behaviour that may constitute stalking, as is helping to educate the public through the invaluable charities that we have already named and raising awareness of what may constitute stalking behaviour.
I had an interesting meeting last week with the police and crime commissioner for Sussex, who is doing a great deal of work in that county to develop police and public awareness of stalking. As education and awareness have developed, reporting of such instances has risen. We do not have not any reason to believe that there is more stalking in Sussex than anywhere else; I think it is a question of more awareness-raising meaning that people know that they should not have to put up with such behaviour and reporting it to the police. The Bill will give the police the powers they need to protect those people immediately.
On the practicalities, collating the evidence for one of these civil orders may be quite a laborious exercise. Gloucestershire police are a national leader on stalking issues. Can the Minister provide assurances that other police forces will be given sufficient training to ensure that they know how to present these applications in a cogent way and discharge the appropriate obligations to the person being considered for such an order?
Very much so. That is the expectation, particularly through the statutory guidance. We will very much be led by the National Police Chiefs’ Council lead, Paul Mills. Tackling stalking is his focus, so we will work with him and the College of Policing to ensure that chief constables and police officers on the beat across the country understand not only their powers but how to spot the signs of stalking and harassment.
I realise that I am pushing my luck after being late coming in; I was awaiting the Prime Minister’s statement. I found during the 10 years that I chaired what became the Children, Schools and Families Committee that fine words come from Ministers on how to identify the deep-seated causes of stalking in individual personalities, but that there is a shortfall in the therapies and the people trained in delivering them. Are we conscious of that shortfall, because we need to make sure that these people are available?
This is a developing area. An early analysis of the responses to the consultation on the domestic abuse Bill shows an emphasis on perpetrator programmes. This is clearly an area for development, and I am pleased that we have granted £4.1 million to the police and the Suzy Lamplugh Trust, through the police transformation fund. I very much hope that through that programme they will be able to share best practice, with a view to ensuring that the high standards we hope for and expect are met across the country.
I congratulate the hon. Member for Totnes on her excellent Bill. Clause 12 says:
“The Secretary of State must issue guidance to chief officers of police about the exercise of their functions under this Act.”
I am concerned that the police may use interim orders as a way of extending police bail when bail limits run out. Will the Minister comment on that? Might we train the police on it?
If I understand the hon. Gentleman correctly, he is suggesting that the police may use the powers in the Bill as an alternative to police bail. Is that correct?
Of course, the statute sets the parameters of the order. It will be for the magistrates court to decide whether the police have met the thresholds in that statute. That is why I think it is important—mindful as we are of the public policy interests of having this order—that we bear in mind that the judicial system has to act with fairness to the victim and the person accused. That is why the role of the magistrates court in the orders will ensure that police have met the standards they must meet. I hope that answers the hon. Gentleman’s question.
As this debate has demonstrated, we need to look at these issues in the round and look to promote empathy with victims. Whether the victims are very famous or do not enjoy fame—fame plays no part—the fear can be intense and on a minute-by-minute basis. It is not just fear felt by the victim, but by their family members, neighbours and friends.
We need to understand and recognise patterns of behaviour, prioritise early intervention and prevention, and ensure that there is appropriate victim care and support in place. That is how we start to identify solutions for assessing risk and managing perpetrators in a targeted way, ensuring a joined-up response to violent intimate crime.
We have used our recent public consolation on our landmark draft domestic abuse Bill to explore further the legislative and non-legislative steps that Government can take to transform the response to domestic abuse across all agencies, and how these measures can equally support victims of crimes such as stalking. The 3,200 responses that we received are being analysed.
My hon. Friend the Member for Totnes quite properly raised the point about a stalkers register. We know that convicted stalkers will already be captured on the police national computer. Where appropriate, they may also be captured on other police systems, such as the Visor system, which stores information on offenders who pose a risk of serious violent harm. We want to ensure that the existing systems work. While I am listening to colleagues on this, I want to ensure that the police are correctly using the systems we have at the moment in order to protect people before I look at new and additional systems.
The Government are committed to drawing on the expertise and experience of victims, survivors, academics, the voluntary sector, communities and professionals, to do all we can to improve the response to all forms of violence against women and girls. The same is true in relation to stalking. I hope Committee members will join me in giving their support to this Bill today, including amendment 1, tabled by my hon. Friend the Member for Totnes, as it is our priority for the Bill to have a smooth passage and for stalking protection orders to be implemented as soon as possible so that the police can start using these vital tools to protect victims of stalking at the earliest possible opportunity.
I thank everybody who has taken part in the debate. We had a contribution from the hon. Member for Huddersfield, who has been talking about this issue for a very long time, and I pay tribute to him for his long-standing commitment. We also had contributions from my hon. Friend the Member for Cheltenham, the hon. Members for Rotherham and for Enfield, Southgate, my hon. Friend the Member for Gloucester, the hon. Member for Birmingham, Yardley, my hon. Friend the Member for Taunton Deane, the hon. Member for Wolverhampton North East, and my hon. Friends the Members for Eddisbury and for Torbay. The right hon. Member for Exeter also provided vital support, as did the hon. Member for Liverpool, Wavertree and my hon. Friends the Members for Redditch and for Harborough.
Mr Gray, thank you for your excellent chairmanship. Finally, I warmly thank the Minister for her ongoing dedication to this cause. I also thank the Home Office team, Christian Papaleontiou and Emily Stewart.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 15 ordered to stand part of the Bill.
Title
Amendment made: 1, in title, line 1, leave out “protecting” and insert “orders to protect”.—(Dr Wollaston.)
This amendment would ensure that the long title of the Bill better reflects the content of the Bill, which is limited to stalking protection orders and related matters.
Bill, as amended, to be reported.
(6 years, 1 month 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.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Paisley, and I thank the hon. Members for Rotherham (Sarah Champion) and for Luton South (Mr Shuker) for securing this important debate on tackling the demand for commercial sexual exploitation. We have a full Public Gallery, and I am sure this debate is being watched on television. The accounts that have been given have clearly touched many people, and they have shown in an incredibly compelling way the risks, harms and agony that prostitution can cause to those who are most vulnerable. I also thank the all-party group on prostitution and the global sex trade for its work in this area. I am pleased to see so many of its members present in the debate, and I thank them for their report, which I read with great care.
I thank Members for addressing the House in a compelling but hard-hitting way. My hon. Friend the Member for Congleton (Fiona Bruce) talked about the fallacy of choice and the loss of self. Those are phrases that were borne out in the quotations that the hon. Member for Birmingham, Yardley (Jess Phillips) gave from websites, and in the description the hon. Member for Swansea East (Carolyn Harris) gave of a lady whose life path changed 30 years ago and who has suffered the terrible consequences of that. I also thank the hon. Member for Strangford (Jim Shannon), who has brought the developments occurring in Northern Ireland to the Chamber. I will be watching with interest the results of that change in their law.
The Government’s priority is to protect those selling sex from harm and exploitation and to target those who exploit vulnerable people and those involved in exploitation. Just this afternoon, a group of people are meeting just along the corridor to discuss how we can prevent exploitation in hand car washes. We know that nail bars are another area rich for exploitation. Of course, the most difficult area of exploitation is the sex industry involving adults and children.
I come to this matter drawing on my experience outside the House. I used to prosecute serious organised crime. I remember a woman who I defended many years ago. She was caught because she had illegal documentation. This was back in the 2000s, when sadly we had a different attitude towards victims of slavery. I am pleased to say we have much improved it since. She told me her story, through her interpreter, of how she came to be in our country. It was a tale not dissimilar to the tales we have heard already today. She showed me her wrists—I remember this; it haunts me—and they bore the physical scars of her experience in a brothel that she had managed to escape. She was treated as a criminal for having documentation papers that were not legitimate, and I am genuinely so pleased to say I have complete confidence that now she would be picked up, put into the national referral mechanism, treated as a victim and supported through her journey to a better life. I feel as though she and the many, many other women we have heard about are sitting in this Chamber with us as we debate this topic today.
As a Minister, however, I cannot proceed only on the basis of compelling, heartbreaking stories; I have to proceed on the basis of evidence. That is why we have commissioned research through the University of Bristol to understand the scale and nature of prostitution in the 21st century. We know it is different from how it was 10 years ago through the proliferation of the online sites that the hon. Member for Rotherham described, which I will deal with in a moment.
The Minister said clearly that she would look at the legislation in Northern Ireland. Will those who are doing the research to which she has just referred look at the evidence of what Northern Ireland has done, the change it has made, including in attitudes, and its success?
It is a team of respected academics in the field, and it would not be right for me as a Minister to their research. I am sure they will be looking at the example the hon. Gentleman mentions, as they will look at other examples across Europe. It is something I can look at, too.
Before I descend into the details, I add that I am pleased that colleagues have talked about the role that education has in tackling demand. Colleagues will know that I spend a lot of time talking about that when it comes to how some crimes are perpetuated against women and girls. Relationships education is absolutely key. The hon. Member for Rotherham mentioned the Secretary of State for Education. My understanding is that while some schools will be in a position to provide this education very quickly because they have the teachers and skill sets available, other schools are not quite at that place. We are trying to help them get to that place so that the policy is consistent and high-quality across the country.
The acts of buying and selling sex are not in themselves illegal in England and Wales, but many activities that can be associated with prostitution are offences, and we have heard about them today. When those offences were designed, the basis of them was to protect vulnerable people involved in prostitution. They relate to activities such as controlling prostitution and buying sex from someone who has been a victim of trafficking. We are aware of the different legislative approaches taken elsewhere, including the Nordic model and the regulated decriminalised approach in Germany and the Netherlands. We are seeking unequivocal evidence as to whether any one approach is better than others at tackling harm and exploitation. That must remain our priority.
The Minister has referred to the research that is going ahead. Does she not agree that if a large number of women who are involved in prostitution are being exploited—however we define that—and a small minority appear to work relatively freely and not under those same conditions, that small minority should not be able to outweigh the huge number of people being exploited? Should public policy not seek to reduce the impact on the most vulnerable first and foremost?
That is a perfectly fair and proper question. It is a question that I will have to answer when we have the independent research, which we will be able to analyse. I understand why colleagues are anxious to act immediately, but I have to act on the basis of academic research and evidence.
I know that the Minister cannot direct the research, but I have read various reports in my time working in this field. Amnesty’s report is one that is often cited against my viewpoint as someone who worked with women in the national referral mechanism. Can the Minister ensure that women in the national referral mechanism, which the Government have access to, are taken account of in the research? I cannot remember a single trafficked woman ever being asked their opinion in any research piece that I have ever seen.
I am conscious of the independence of the researchers and of giving the research the weight and respect I hope and expect it to be given. I am a little bit cautious about trying to interfere. With my modern slavery responsibilities, I am conscious of the impact of sex trafficking on people in the NRM. There is that body of evidence there as well, and the hon. Lady is absolutely right to point it out.
I am conscious of time, and I want to give hon. Members time to respond.
I am grateful, Mr Paisley.
Members have spoken compellingly about what can be done by criminal gangs who traffic and pimp women. We are looking at whether prohibition is the most effective policy response to that. We know there are some evaluations and research pointing to the benefits and negative impacts of the Nordic model. It is a contentious area, and a lot of conflicting and contradictory evidence is cited on both sides of the debate. That is why I am currently having to tread the path that I am. As I say, we are doing more to develop our evidence base. We have commissioned research from the University of Bristol. We anticipate that it will take a year to complete, with a final report expected in April next year. From that, we can look at the evidence and analyse what the best approach is.
As I have said, we know that the picture on prostitution has changed from what it was even just 10 years ago. We need to understand the nature and scale of the issue, so that we understand the potential consequences, both intended and unintended, of any changes to legislation.
The Minister is responding very thoughtfully to the comments that have been made, but will she give us her view on whether prostitution is fundamentally exploitative and the act of prostitution is a form of violence against women and girls? Whatever the researchers say, those of us who are concerned about this matter would be interested to know her view on that, having heard today’s debate.
My hon. Friend puts me in a difficult position, given that we have commissioned the research and are very clear that it has to be respected by people from across the spectrum of views, and that we will review it appropriately. I do not feel able to give my personal view given that I am speaking on behalf of Her Majesty’s Government. I will say that I sat on the Home Affairs Committee some time ago when it conducted a report into prostitution. That report came to a certain viewpoint, but there were many shades of view in that report. I feel it is right that colleagues know that.
We are clear that we have to help victims, by protecting them and helping them to leave prostitution and get into the way of life that they seek outside prostitution. We are not waiting for the publication of the research for that to happen. We have provided more than £2 million to organisations supporting sex workers, including the £650,000 from the violence against women and girls service transformation fund that we have given to the police and crime commissioner of Merseyside to provide a victim-focused service for sex workers—
And prostitutes who are victims of, or at risk of, sexual or domestic violence, abuse, exploitation or human trafficking. I have used both words deliberately through my speech.
Forgive me. In that case, may Hansard note that when I have said “sex workers”, I was referring also to prostitutes, and vice versa? I do not want to fall over on the language, as other hon. Members have mentioned.
In addition, our focus on protecting victims extends to the £13 million trusted relationships fund, which we launched in February. [Interruption.] I am sorry about my microphone, Mr Paisley—it seems to be doing something. I do not have Siri on me, just in case anyone is wondering. The trusted relationships fund will provide funding over four years for initiatives to protect the most vulnerable young people from child sexual exploitation and wider forms of criminal exploitation. We have received more than 100 expressions of interest from local authorities for initiatives aimed at developing the protection that builds resilience in children and increases the consistency and quality of support for children and young people who are at risk.
The Government’s strategy to tackle sex trafficking facilitated via online classified advert sites, otherwise known as adult service sites, comprises three main strands of activity. First, the National Crime Agency is leading a multi-agency operational plan to investigate, disrupt and prevent sex trafficking facilitated via such websites. I have visited the unit at which that work is done. Again, I thank the officers involved in that work. They sit at computer screens, see the websites, read words very similar to those that have already been cited in the debate, and they then have to find a way of dealing with that when they leave the office and go home to their loved ones. My eternal thanks and gratitude go to them for doing that.
Secondly, the operational push is supported by the development and use of innovative technological capabilities to identify trafficking online. Thirdly, in support of the work the Home Office has spoken to the largest adult services websites operating in the UK so that it takes a proactive role in identifying trafficking-related material and preventing such material from being hosted. I am clear that the websites have a responsibility. Through engagement with such industries, we seek to ensure that they do what they should to ensure that their sites do not host criminal and exploitative behaviour.
Colleagues have mentioned the United States’ approach. Alongside our current work, we continue to monitor the impact in the US of the recent change in legislation brought in by the Allow States and Victims to Fight Online Sex Trafficking Act, known as FOSTA. The Act gives sex trafficking victims more power to sue websites that knowingly support sex trafficking. Although such an approach has much to commend it at first blush, we are conscious of some emerging evidence that the prohibition of such sites results in the displacement, rather than the prevention, of abuse, and disperses trafficking-related advertisements across myriad smaller websites where they are harder to investigate. However, we will keep looking at that and see whether there are lessons to be learned from that approach, and from approaches elsewhere.
Yes, although I am just about to finish so that the hon. Lady has a chance to respond.
I will give my time to the Minister, because I would really like her to answer three questions. First, will she legislate to ensure that websites cannot financially benefit from exploited women? Secondly, will she stop criminalising women who are forced into prostitution? Thirdly, will she criminalise both the buyers and those who force women, and benefit from forcing women, into prostitution?
I am so sorry—I was unable to note all the questions. I suspect and hope that this is the first of a programme of debates that we will have on this issue in the period while the research is being developed. May I take those questions away? The hon. Lady will appreciate that I cannot commit to legislate on my feet in Westminster Hall—would that it were so—but I undertake to write to her on those points. She knows, given the work that she has done in other areas and on other matters, that I am always more than willing to listen; indeed, it is my privilege to do so. I will take away her questions and consider them, and we will see where we get to.
Question put and agreed to.
Resolved,
That this House has considered tackling demand for commercial sexual exploitation.
(6 years, 1 month ago)
Commons ChamberI am grateful to all hon. and right hon. Members across the House for their contributions to the debate. My hon. Friend the Member for Mansfield (Ben Bradley) said that this had been a constructive and thoughtful debate—that is sadly too rare in this House—and I agree with him. Colleagues have made considered contributions, and it is clear that there is much common ground between us. The fact is that we all want this violent crime to stop, and the Bill is a tool with which the Government, and I hope Members across the House, are trying to tackle this serious issue.
It is apparent that everyone is committed to tackling violent crime head on, and rightly so. Recorded knife and gun crimes are on the increase, and hon. Members will know the devastating impact that those crimes have on communities across the country, not just in London. Before I go on to deal with the Bill, it is worth reflecting on why the legislation is necessary. From the teenage son stabbed to death outside a shop in Camden and the 15-year-old killed in Romford at the weekend to the man in Liverpool whose arm was severed by a machete in a county lines punishment and the fatal stabbings in Wolverhampton, and Sheffield—all those crimes and many more in every part of the country have left behind them grieving families and devastated communities. I consider meeting the victims and the grieving families of these terrible crimes to be one of the most important parts of my role. It is an essential part of my job, and that is why, when I stand here at the Dispatch Box, I speak not just from my notes but from the heart. It is for those people that I am helping the Government to take this legislation through.
We are clear that this is just a part of our strategy to tackle serious violence. We published the serious violence strategy in April, and its emphasis is on the themes that we have heard so much about today. It is about early intervention, about prevention and about the community drawing together and relying on local partners, as my hon. Friend the Member for Solihull (Julian Knight) said. It is about us working together and seeing this not just as a law enforcement issue, important though that is, but as a societal issue as well. The measures in the Bill will strengthen the powers available to the police to deal with such crimes. When a family has suffered a terrible crime, they want to feel that the police have the powers they need to bring the offenders to justice. The measures will not solve all crimes involving knives, guns and corrosives, but they are important. We must pursue and prosecute those who commit violent crimes. The Bill gives the police and others the powers they need to do so.
The corrosives measures in the Bill will help to stop young people getting hold of dangerous corrosives and are supported by interested businesses. They build on the voluntary arrangements already in place and will close down the sale of acids to under-18s, both online and offline. The Bill also creates an offence of possession of a corrosive in a public place so that police can take additional action to prevent acid attacks. We know that gang members decant corrosive substances into water bottles to evade detection. This measure gives the police the powers they need.
Other measures will help to stop young people getting hold of knives online. That is a major concern of the communities and charities we have worked with in drawing together the serious violence strategy. We know that such sales have led to knives being used in crime. I have seen some of the knives on sale online. As colleagues on both sides of the House have said, they have no practical use; they are clearly designed to glamorise violence and encourage criminality, and are promoted as such.
My hon. Friend is right about the sale on the internet of those weapons, but the internet has other malevolent influences on young people. Several hon. Members raised the issue of social media and its glamorisation of violence. Will she work with others to clamp down on those people who allow those images and messages to be broadcast to vulnerable young people?
I am grateful to my right hon. Friend, not just for the concise and clear points he made in his contribution but for the poetry that he always brings to our debates.
My hon. Friends the Members for Solihull and for Chelmsford (Vicky Ford) also made the point about social media. That is why the Home Office serious violence strategy is funding the social media hub pilot, which will give the Metropolitan police the powers they need to work with social media companies to bring those videos down. I have seen drill videos; they are horrific and they need to stop.
The measures on the possession of offensive weapons give the police the powers they need to act when people have flick knives, zombie knives and other offensive weapons that have absolutely no place in our homes.
A number of colleagues mentioned clause 28, which is on high-energy rifles. My right hon. Friend the Home Secretary said at the start of the debate that we will listen to colleagues’ concerns. I reiterate that this is not an attack on rural sports; it is a response to the threat assessment of the National Crime Agency and the police.
Given the strong concerns expressed, I will take a moment to explain how clause 28 came into being. For those who are not familiar with such weapons, they are very large and heavy firearms that can shoot very large distances. One example I have been given is that they can shoot the distance between London Bridge and Trafalgar Square—some 3,500 metres. I can share with the House the fact that there has been a recent increase in seizures at the United Kingdom border of higher-powered weaponry and ordnance. The assessment is that those weapons were destined for the criminal marketplace, and that the criminal marketplace is showing a growing demand for more powerful weaponry.
I will finish my point if I may.
That is the background against which we are operating. Having received such an assessment, we must consider it with great care. We have a duty to consider it and to protect the public. I gently correct the suggestion that such high-energy rifles have not been used in crime. As the hon. Member for Belfast East (Gavin Robinson) said, high-energy rifles were used in the 1990s during the troubles to kill people who were charged with securing Northern Ireland. We are listening, and, as I hope colleagues saw, I sat through the vast majority of the debate. Those and other issues will be addressed in the conversations that my right hon. Friend the Home Secretary and all the ministerial team will have with colleagues on both sides of the House.
I must pay tribute to my right hon. Friend the Member for Hastings and Rye (Amber Rudd), who has devoted a great deal of time and energy not just to the Bill but to protecting our young people and tackling serious violence.
Will the Minister acknowledge that, even assuming the Bill makes it to the statute book, we will not tackle this problem unless the Mayor of London and other police and crime commissioners take it very seriously and ensure that they hold their police to account, set objectives for them and ensure that they deliver on this crucial work, as they did when my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) successfully got crime levels down?
I am grateful to my right hon. Friend. Indeed she and my hon. Friends the Members for Hornchurch and Upminster (Julia Lopez), for Hendon (Dr Offord) and for Spelthorne (Kwasi Kwarteng) all focused on the importance of local policing and local leadership in policing. We introduced police and crime commissioners to enable local people to have the power to influence policing in their local area. Of course, I very much enjoy working with the Mayor of London and, as far as we are concerned, more power to his elbow when it comes to local policing.
My hon. Friend will have heard the widespread concern in many different parts of the United Kingdom. She seems to want to ban these big-calibre weapons solely on the basis that they might get into the hands of a criminal or a terrorist. If that is the case, rather than ban them why does she not adopt my suggestion of improving the secure places where such weapons have to be held? There should be all the security, with the weapons checked in and out, to make stealing them much more difficult.
I am grateful to my hon. Friend for his intervention and for his contribution. He and I have been in constant conversation about this for some time. He will forgive me for not committing to changing the Bill on the Floor of the House, but we are in listening mode. Indeed, I was in listening mode when my hon. Friend the Member for Shipley (Philip Davies) made a typically robust but thoughtful contribution, and it may be that we work together on looking into that.
That is literally the next thing on my to-do list. The hon. Lady and the right hon. Member for East Ham (Stephen Timms) are both relentless campaigners on corrosive substances, and I have taken on board her point about adults supplying corrosive substances to children. I will look into it, and perhaps there are already laws to cover it.
The substances in schedule 1 have been included on the basis of recommendations provided by our scientific advisers at the Defence Science and Technology Laboratory, which provides science and technology advice to the Government. We have tried to ensure that Parliament can scrutinise the list, which is why it is in the Bill, but there is of course capacity to change and add to the schedule through regulation.
I am cantering through, but I am grateful for the contributions of my hon. Friend the Member for Halesowen and Rowley Regis (James Morris), who brought his mental health expertise to the Chamber and showed the complexity of the issues we face, and of the right hon. Member for East Ham—I know he is interested in banning sales to under-21s, but we do not feel we have the mechanisms to do that.
I am grateful to all colleagues who have emphasised that this is not just an urban issue but a rural issue, too. There is real intent on both sides of the House to deal with this, and I note that colleagues believe social media and internet companies should join us in our determination. That message is coming out loud and clear from this Government, and I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Offensive Weapons Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Offensive Weapons Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13 September 2018.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Kelly Tolhurst.)
Question agreed to.
Offensive Weapons Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Offensive Weapons Bill, it is expedient to authorise the payment out of money provided by Parliament of compensation in respect of surrendered weapons, firearms and ancillary equipment.—(Kelly Tolhurst.)
Question agreed to.
Before I proceed to the next business, I have now to announce a correction to the result of today’s deferred Division. There must have been a miscount by those who attend to these matters. In respect of the Question relating to healthcare and associated professionals, the Ayes were 465, not 467, and the Noes were 2, so the Ayes have it.
(6 years, 2 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.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Robertson. I thank the hon. Member for Wrexham (Ian C. Lucas) for securing this debate and for setting out the terrible facts of this very sad case. The Attorney General referred it to the Court of Appeal because of the inadequacy of the initial sentence. The Court of Appeal’s judgment makes for very stark, sobering reading. I extend my sincere condolences to the family of Mr Churton, who was the victim of the most horrendous attack in his home. He was clearly targeted by Davidson because he was elderly and vulnerable, and he was unable to defend himself against Davidson’s ferocity. Davidson is now rightly serving a life sentence with a tariff of 30 years for his wicked murder of Mr Churton.
The hon. Gentleman raised a number of issues and made a political link to this case, with which I am afraid I do not agree. I am going to break down those issues. As Jordan Davidson was subject to statutory probation supervision at the time, the Wales community rehabilitation company had to complete a serious further offence review, which identified a number of areas where the practice of those responsible for monitoring Mr Davidson fell below the expected standards. Indeed, there were significant failings. Her Majesty’s Prison and Probation Service is now overseeing the CRC’s implementation of the improvement actions from that review. Senior officials from the CRC met members of Mr Churton’s family in March and shared with them the victim summary report, which was based on the review.
My hon. Friend the Minister of State, Ministry of Justice will consider the Justice Committee’s recommendations carefully and will respond in due course. This was a significant programme of reform. For instance, 40,000 people who would not previously have been monitored now receive support and supervision upon release. Fewer people reoffend, and there have been some innovative and impressive programmes. Of course, the Ministry of Justice accepts that there have been challenges, and that CRC services need to improve. It is currently in discussions with the providers and will consider all possible options to ensure improvement is delivered.
That is, of course, of no comfort to Mr Churton’s family. I am pleased that the local probation service met them. I imagine they will take little comfort from looking at this after such a traumatic event in their lives, but I hope they found some resolution in that meeting with the probation service.
The hon. Gentleman also raised the issue of the police, and I understand that he is concerned about North Wales police’s lack of engagement with him. To my mind, one of the most important responsibilities of the police and police and crime commissioners is to connect with local residents and answer their concerns, and to ask questions of their chief constable when they have concerns about how the force is delivering policing locally. Police and crime commissioners were introduced to make the police accountable to the population they serve. I urge the hon. Gentleman to press the police and crime commissioner further and insist that he discusses this case with him, because it is obviously so important to the hon. Gentleman and his constituents.
As the hon. Gentleman is aware, there are two Independent Office for Police Conduct investigations into North Wales police’s involvement. I am not in a position to comment on them while they are ongoing, but I am sure that when those reports are handed down, the policing Minister will be pleased to discuss them with the hon. Gentleman to see what further improvements can be made.
The hon. Gentleman raised the issue of funding. I wish that we did not have to view policing just through the prism of funding, but that seems to be the only line of debate on policing that Opposition Members wish to pursue. I am conscious that I am constrained by the fact that there are two live IOPC investigations. He described funding as a political decision; I must remind him why that decision had to be made. I would not have raised funding in this context, but he has, so I am obliged to put it on record that the reason those hard decisions had to be made was the economic mess in which we found ourselves when the last Labour Government left office.
We are very conscious of the pressures that the police have been under in the last few years, which is precisely why the then Home Secretary protected spending in 2015, and why it has been protected since then. This year, my right hon. Friend the Minister for Policing and the Fire Service has spoken to every constabulary in the country. With the help of police and crime commissioners, we have secured an extra £460 million of funding for police forces.
I am sorry that the Minister takes exception to me raising funding. I do not accept her description of the position in 2010. In 2010, the Conservative Government reduced policing funding for 2010 to 2015 on the basis that the policies that they were pursuing would eliminate our budget deficit by 2015. That policy failed, but none the less we suffered the imposition of cuts between 2010 and 2016. It is fair to individual police officers to point out in a debate such as this where I have made criticisms that they are under more pressure now than they were in 2010. That is a fact.
I wonder whether the hon. Gentleman, as the good constituency MP that I know he is, has raised with the local police and crime commissioner the fact that as of March 2017, the police and crime commissioner had held-back reserves equivalent to 24.1% of funding for the local police force, or £34.4 million in savings. The hon. Gentleman talks about political decisions; presumably it is a political decision by the police and crime commissioner not to spend that money on frontline policing.
I am very conscious of the gravity of this case; frankly, there are times when the public want us just to get on with it and sort things out, rather than have these back and forth arguments about funding. The fact is that we have protected spending and it is now increasing this year by £460 million. Any police and crime commissioner or chief constable who wants to spend that money on frontline policing however they see fit for their local area will have our support. That is their decision.
Data sharing sadly is a point raised not just in this context but in other cases, where there are serious incidents of violence and it emerges that various agencies involved in the run-up to an incident did not share information in the way that we would wish. To declare the fact that agencies can and should share information for safeguarding purposes, we amended the Data Protection Act to include a statement to that effect. I hope that will provide reassurance to those agencies that hold information—not just the police but social services, the medical profession and others. That may help to safeguard children or vulnerable adults. I hope that amendment to the Act will give them comfort, enable them to do that and create a culture in which agencies realise that in certain circumstances, they are allowed to share information where it may help to keep people safe. I hope that change will reassure the hon. Gentleman and Mr Churton’s family for the future.
I want to praise the actions of two police officers in North Wales. During Mr Davidson’s tirade of crime in the aftermath of the murder, police constables Rhys Rushby and David Hall arrested Mr Davidson and were very badly injured in the process. They were extraordinarily brave, selfless and devoted to their duty. I was very pleased to hear that their bravery has been recognised not just by their own force but in their nomination for a national police bravery award. I give them my thanks and wish them the best of luck in that ceremony. This is just one example of the daily dangers faced by our police officers. We must thank them for facing them
I thank the hon. Gentleman for securing this debate. He is an assiduous constituency MP; we have met to discuss other issues relating to behaviour in and around his constituency. He has raised this important issue because he wants to ensure that the thoughts of the Churton family are heard and, just as importantly, that actions are taken by the agencies involved to ensure that these terrible mistakes are not repeated. I thank him for his contribution.
Question put and agreed to.
(6 years, 2 months ago)
General CommitteesBefore I call the Minister to move the motion, I just want to say that Members should feel free to take their jackets off if they would like to. [Interruption.] Apparently, I have to say that you are allowed to.
I beg to move,
That the Committee has considered the draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, E, F, and H) Order 2018.
It is a pleasure to serve under your chairmanship, Mr Austin. The order was laid in draft on 21 May and will bring into effect four revised codes of practice that were issued under the Police and Criminal Evidence Act 1984. Code C concerns the detention, treatment and questioning of persons detained under PACE. Code E concerns the audio recording of interviews with individuals suspected of committing offences. Code F concerns the visual recording, with sound, of interviews with individuals suspected of committing offences. Code H concerns the detention, treatment and questioning of people detained under terrorism provisions.
For England and Wales, PACE sets out the core powers of the police to prevent, detect and investigate crime. The exercise of those powers is, however, subject to codes of practice. The codes do not create powers, but they do put in place, among other things, important procedural safeguards for the public when the police exercise their powers.
The four codes were published in draft for public consultation at the end of last year, in accordance with the Act. A total of 32 substantive responses were received, primarily from organisations that are involved in law enforcement and the criminal justice system. That number is deemed normal for this type of consultation. There were other responses from people who simply adopted the response of their representative organisation verbatim.
The main revisions to code C concern safeguards for vulnerable suspects; voluntary interviews, which are interviews with suspects who are not under arrest; and the use of live-link technology, which was introduced by the Policing and Crime Act 2017, to interview detained suspects and to authorise extended detention before charge.
The revised safeguards for vulnerable suspects introduce a new definition of vulnerable, which will apply to any person for whom an appropriate adult must be called. That replaces references to persons being mentally vulnerable or having a mental disorder, as those descriptions are unhelpful in identifying vulnerability. Instead, the revisions describe a range of functional factors for assessing an individual’s ability to understand their position and to exercise their rights and entitlements. If there is any reason to suspect that any of those factors applies, the police must secure an appropriate adult for that person.
The revisions require the police to take proactive steps to identify and record any functional factors that indicate that a person of any age may require help and support from an appropriate adult, and to make that record available for police officers and others to take into account when they need to communicate with that person. The requirement extends to juveniles to ensure that specific relevant factors are not overlooked simply because, by virtue of their age alone, an appropriate adult must always be called.
Other changes update the role description of the appropriate adult and of, and who may or may not act in that capacity. That approach reflects what is, essentially, established good practice and takes into account the work of the Home Office-chaired working group on vulnerable people and the responses to the statutory consultation. Those changes are mirrored in code H.
For voluntary suspect interviews, the rights, entitlements and safeguards that apply, and the procedure to be followed when arranging for a voluntary interview to take place, are strengthened and extended. Those changes take account of concerns that a suspect might not realise that a voluntary interview is just as serious and important as being interviewed after arrest, which may be particularly applicable when the interview takes place in a person’s own home, rather than at a police station. The approach mirrors that which applies to detained suspects on arrival at the police station, with the interviewer standing in for the custody officer.
The new code provisions reflect the amendments made to the 1984 Act by the Policing and Crime Act 2017. They allow a live link to be used when detention without charge is extended by a superintendent for up to 36 hours and by magistrates courts for up to 96 hours. The live link provisions also allow a detained suspect to be interviewed by an officer who is not present at the police station where the suspect is detained. The provisions will enable the police to take advantage of technological developments in cases where the live link does not adversely affect a suspect’s ability to communicate effectively and exercise their rights.
Other amendments that reflect changes introduced by the 2017 Act ensure that 17-year-olds are treated as juveniles for all purposes under PACE. Revisions to code E, which are mirrored, as appropriate, in code F, introduce substantial changes to the audio and visual recording of suspect interviews. The new and revised provisions cover all interviews, for all types of offence and for all suspects, whether or not they have been arrested, and irrespective of the outcome. The provisions specify the types of device that, if authorised by the chief officer, are to be used to audio-record suspect interviews and mean that whenever an authorised recording device is available and can be used, it must be used. A written interview record may be made only if such a device is not available or cannot be used and the interview cannot be delayed until an authorised device can be used. Again, the provisions will enable the police to take advantage of technological developments while safeguarding suspects’ rights.
Under code F, the device specification also extends the range of devices that may be used for recording suspect interviews, to include body-worn video devices, which are increasingly being deployed across forces. That change will be particularly welcomed by the police.
Finally, minor typographical and grammatical corrections have also been made, and out-of-date references have been updated.
The revisions strike the right balance between the need to safeguard the rights of suspects and supporting the operational flexibility of the police to investigate crime. The revised codes provide invaluable guidance to the police and the public on how the police should use their powers fairly, efficiently and effectively.
May I thank the Opposition for their agreement in principle to the operational codes? These codes have been in place since 1984 to ensure that the powers the police exercise are used fairly, equitably and effectively, meeting the public’s expectations for law enforcement, while ensuring that the rights of suspects are observed.
The hon. Member for Lincoln asked a question about resources that was echoed by the hon. Member for Harrow West. I know that the order is not focused on police resources, but with your consent, Mr Austin, I want to talk about the fact that we have protected police funding since 2015. This year, after the Policing Minister spoke to every local police force in the country, we have secured up to £460 million more, with the help of police and crime commissioners, to help the police. The Home Secretary has announced his intention to look at police resources as part of the comprehensive spending review.
The hon. Member for Harrow West mentioned the plans that the Met Police Commissioner and the Mayor of London have in relation to consolidating units within London and forming the tri-borough unit. That is an operational decision for the commissioner and the Mayor of London; it is not a matter for the Home Office. If the hon. Gentleman has concerns about that decision, I hope he will speak to the commissioner and the Mayor of London. The whole reason we have devolved power to the Mayor, as PCC for London, is precisely because he has the local knowledge to enable that process to happen.
I thank the Minister for giving way; she is comprehensively responding to the debate. Could she bear in mind that police resources have been significantly reduced since 2010, and that is part of the context that my hon. Friends are alluding to?
I know that the public are concerned about policing in the here and now. As I have said to the hon. Member for Sheffield, Heeley (Louise Haigh)—she is sadly missed today—when we talk about resources, we have to put things into context historically. We had to make very tough decisions after 2010 as to how we spend public money, because of the financial mess we found ourselves in. I do not want to hark on about that; I want to talk about the future. The point is that we are trying to rebalance things with £460 million more of funding this year.
The hon. Member for Lincoln asked whether the new features of the codes will be monitored. The codes are operational, so the Government do not monitor them as such. That is the role of Her Majesty’s inspectorate of constabulary and fire and rescue services, which does a very good job of trying to address that.
The hon. Lady asked what happens to the interviews if the person interviewed is not charged, nothing happens to them and they are an innocent person in the eyes of the law. The evidence obtained, as with other evidence obtained in such circumstances, is kept in accordance with the 1984 Act. When there is an ongoing investigation, the evidence will be kept for as long as that investigation continues, but it has to be returned where a person is not charged in accordance with the 1984 Act.
Finally, the hon. Member for Harrow West described a terrible situation where a constituent of his—a young man of 17—has been the victim of a stabbing. Our sympathies of course go to him and his family. Sadly, part of my role in the Home Office is having to try to help families who find themselves in that terrible position. If the hon. Gentleman feels it would be of benefit to his constituent or their family to meet me at some stage to talk through their experience, I would be honoured to do that.
The hon. Gentlemwan made a point about media reporting on the case. Sadly, this order is not the right area for that question. I do not say that in a critical way, but the order is about how the police conduct their investigations, and reporting restrictions are a separate piece of law. If I may, I will take that matter away to see what more can be done, and I will write to the hon. Gentleman.
With that, I thank the Committee for its consideration of the important issues before us today.
Question put and agreed to.
(6 years, 2 months ago)
Commons ChamberI thank the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) for securing the debate. She talked not only about the need for support, but about the long-term effects of such disgraceful and unacceptable behaviour to a fellow human being. She has represented her constituency this evening with passion and understanding, but also with a clear determination to ensure that her great city does not see a repetition of these terrible episodes.
I know that this subject is enormously important to Members in all parts of the House. I was glad that the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) intervened on her hon. Friend’s speech, because I have received parliamentary questions from both Members. I will start with an observation that they made, quite properly, about the responses that they had received to questions about the Spicer review and the fact that answers had tended to focus on child sexual exploitation. I very much take that on board, and I apologise. They are right that, sadly, the abuse in Newcastle not only concerned children, which is appalling enough; these defendants appear to have targeted vulnerable people, some of them with learning disabilities. The ruthlessness of the exploitation is almost too much to comprehend. I am therefore grateful to both Members for speaking up tonight.
The details are shocking and we know that vulnerable people were let down by a range of services in Newcastle over many years. I am pleased that the serious case review concluded that local practice has improved tremendously since 2014, but of course the victims and survivors still bear the terrible scars of their abuse.
The Government welcome David Spicer’s comprehensive serious case review. Although it is clear that significant improvements have been made locally, it shows us that Government still have more to do. His recommendations are already informing the way Government work with local commissioners, and we will certainly look at how best to provide advice on supporting vulnerable adult victims of sexual exploitation in addition to child victims. His recommendation that further research be carried out into the perpetrators of this awful abuse will be taken forward through the work of our centre of expertise, which I will discuss in more detail later. It will assess UK and international impacts and evidence for both victims and perpetrators. The report makes many recommendations for central Government action, all of which will be considered as part of our ongoing work.
I will not be able to deal with all of the questions the hon. Member for Newcastle upon Tyne Central has raised, but I will respond in writing on those I do not respond to tonight. She wishes the Government to respond officially to the report, and I commit to writing to her covering the national recommendations in the review. As she knows, the Government do not usually respond to serious case reviews, but the details of this review are significant enough for me certainly to write to her about it. On the funding of Changing Lives, unfortunately I do not get to make funding decisions, but I will make inquiries about the application that charity made. I am pleased to hear of the work the hub is doing, and I understand that the police and crime commissioner has received £1.56 million plus £116,000 for victims of child sexual abuse. The Ministry of Justice is reviewing long-term funding not just for the hub but for all local and national provision, because we do take on board the point that the victims of these terrible crimes live with the consequences if not forever for very many years and decades.
The Government want to ensure that all victims of sexual exploitation feel that they can come forward to report abuse and that they can get the support they need. Whether a victim is a child or an adult, the same principle must apply.
This Government have empowered PCCs to deliver services for victims. So in the first instance PCCs must make an assessment of the support needs of all victims in their force area, including children and vulnerable adults alike, and commission services to meet those needs. We are allocating around £68 million to PCCs this year to provide emotional and practical support services for victims of crime, and we have increased the overall victims’ support services budget from around £50 million in 2012-13 to around £96 million in the current financial year.
As I have said, the PCC in Northumbria has been allocated more than £1.5 million of core victim grant to provide support to victims, and additional money to the tune of £116,000 has been allocated to services for victims of child sexual abuse. Of course, the PCC has her own budget from the main grant, and central Government say to PCCs, “You know the needs of your local area and we trust you to make these decisions.” We therefore hope is that if she feels that more funding needs to be allocated, she will be able to do that from the main grant.
We have also provided £250,000 this year to support four rape support centres in Northumbria, including the Grace Project in Newcastle. The Grace Project is one of 15 rape support centres that have opened since 2010 with Government funding. We now support 98 centres directly, helping women, men, boys and girls to begin to recover from the effect of these appalling crimes, and we have committed to maintaining funding for rape support services at the current level until at least 2020.
Our ambition is to support victims and survivors, whoever they are and wherever they are. That is why we have invested £100 million in this spending review period to support our commitment to tackling violence against women and girls, and it is why NHS England has now commissioned 47 sexual assault referral centres in England at a cost of £27 million, including the Teesside SARC, which provides support for victims of sexual violence across the north-east. It is also why we have recently launched the £13 million trusted relationships fund, protecting vulnerable people from sexual exploitation, gang exploitation and peer abuse.
We want to do more, so we are investing £7.5 million in the centre of expertise on child sexual abuse, which will tell us far more about what works, where gaps exist and what more support we can give to professionals and commissioners. It has already published research into local commissioning practice, which will form the basis for a framework for commissioners. The Home Office will publish that framework later this year. It will share good practice and help commissioners to assess need and provide support. We are also piloting the child house model, based on international best practice. In a child house, child victims can receive all the support they need in a single, comfortable environment. We have invested more than £4 million in the first house, which will open its doors in London in the autumn.
Despite all that has been achieved in recent years, we must continue to challenge ourselves to improve the support we provide for victims, not only because the needs of victims change over time but because the nature of crime itself is continually evolving. That is why we are developing a new cross-Government victims strategy, which will comprehensively review how crime has changed and ensure that our response still meets the needs of victims. The strategy will provide a framework for future work and national cross-Government direction. For example, as part of the strategy, we are developing a more sustainable funding model for sexual violence support services, so that victims can access the support they need immediately after the crime and throughout every stage of their recovery.
The strategy will consider how we might improve provision of the services that victims are entitled to receive under the victims code. It will also continue to drive improvement in victims’ experience of the criminal justice process. The hon. Lady’s description of the ordeal of victims having to give evidence at trial summed up the need for that very strongly. We must ensure that criminal justice agencies provide victims with a service that is appropriate to their needs and respectful of them as individuals. Victims want cases to be well managed and dealt with swiftly, so that they can deal with the experience and, hopefully, put it behind them. We will consider how the agencies responsible for delivery of those services might be better held to account.
I know the interest of the hon. Lady and the hon. Member for Newcastle upon Tyne North, so I would value a meeting with them and my officials to discuss any thoughts that they may have on how the victims strategy can be improved to cover the points raised in tonight’s debate.
I thank the Minister for giving way, for the tone of her comments and for the way in which she recognises the importance of the issues that I have tried to raise on the behalf of my constituents. I have listened carefully to what she says, and I appreciate the offer of a meeting and the commitment to some sort of response to the Spicer review. However, I get the impression that funding for the hub and the multi-agency approach will come from the police and crime commissioner and potentially the sexual violence support grant as part of any future strategy, or is that something that we can discuss in detail in a meeting?
Could we discuss that in the meeting? We have always tried to ensure that local commissioners are commissioning the services that they feel are needed in their area, but I am happy to hear the hon. Lady’s thoughts on that in the meeting that we will have with my officials.
In conclusion, I thank the hon. Lady once more for securing this important debate. Victims and survivors of the most appalling crimes rely on us, both in government and on both sides of this House, to represent their needs and to ensure that they receive the support to which they are entitled. It will be a privilege to continue to work with colleagues across the Government and across the House, and with representatives locally, to ensure that victims in Newcastle and in all areas of England and Wales are heard, are supported and are able to recover.
Question put and agreed to.