Afghan Citizens Resettlement Scheme

Debate between Victoria Atkins and Lord Spellar

Thursday 6th January 2022 Commons Chamber

[Victoria Atkins]

Yes, very much so. I am delighted that local councils are responding as well as they are, but I very much encourage all councils to play their part in resettlements across the United Kingdom.

[John Spellar (Warley) (Lab)]

Can we get a bit more clarity, because many of us have large numbers of outstanding cases that are with various Government Departments? One problem has been all the various different schemes, and these are being pulled together. Will we get replies telling us where our constituents are in the system so that we can advise them, because many of those who provided services to the British forces, or indeed to the Afghan security services and the Afghan judiciary, even if they were not judges, seem to be being left out in the cold?

[Victoria Atkins]

The right hon. Gentleman will no doubt recall my “Dear colleague” letter of around 13 September in which I set out that I cannot provide detailed casework answers for people who are still in Afghanistan. There are now two schemes—ARAP and the ACRS. We have set out the eligibility criteria, as I explained in my statement. I encourage him to look at that statement as well as the statement that will come after this debate to see the details that we will be setting out.

DRAFT REHABILITATION OF OFFENDERS ACT 1974 (EXCEPTIONS) ORDER 1975 (AMENDMENT) (ENGLAND AND WALES) ORDER 2020 DRAFT POLICE ACT 1997 (CRIMINAL RECORD CERTIFICATES: RELEVANT MATTERS) (AMENDMENT) (ENGLAND AND WALES) ORDER 2020

Debate between Victoria Atkins and Lord Spellar

Monday 14th September 2020 General Committees

[Victoria Atkins]

What a pleasure it is to serve under your chairmanship, Ms Ghani. I suspect that you are the first of the 2015 intake to serve on the Panel of Chairs—that is a real and well-deserved privilege.

The orders, which were laid before Parliament on 9 July, are two very technical but important because they relate to the requirements for a person to self-disclose criminal records when applying for roles that are eligible for standard and enhanced criminal records checks, and to the rules for disclosure of criminal convictions and cautions on a standard or enhanced criminal record certificate issued by the Disclosure and Barring Service. As criminal record disclosure is a devolved matter, the orders apply only to England and Wales.

As hon. Members may be aware, in January 2019, the Supreme Court handed down its judgment in the case of P, G and W. Overall, the Court found that a rules-based disclosure regime for criminal record certificates is justifiable and in accordance with the law. However, that judgment also determined that certain aspects of the current disclosure rules are incompatible with article 8 of the European convention on human rights—namely, the right to a private life.

There were two areas of concern. First, the multiple conviction rule, under which all convictions, regardless of their nature, are disclosed when an individual has more than one, was found to be unnecessary and disproportionate in terms of indicating a propensity to offend. Secondly, the disclosure of out-of-court disposals administered to young offenders was found to be “an error of principle”, given the instructive purpose of the disposals, so the Court found against the automatic disclosure of youth reprimands and warnings.

[John Spellar (Warley) (Lab)]

Surely both propositions are absolutely self-evident. Why did we drag it all the way through the Court of Appeal and up to the Supreme Court—wasting years carrying on with it—when the Court actually applied a common-sense approach on both counts and said, “This is wrong”? Why could Ministers and civil servants not have done that years ago, rather than taking it all the way through that elongated process?

[Victoria Atkins]

I am so pleased that the right hon. Gentleman has raised that point. He has a particular interest in this matter, and I answer many of his parliamentary questions on it, so I know that it is an area in which he is an expert and to which he is very committed.

Although I do not want to go into the details of all the cases that were joined together, the reason that the Government took those cases to the Supreme Court was that there were many important principles of law to be tested. All along, we have reviewed those rules and done as we thought right. We cannot hide from the fact that the reason that the Disclosure and Barring Service regime and its predecessor were set up in the first place was to protect the most vulnerable in our society. It is right that the Supreme Court was asked to look at the regime as a whole. It found that the regime was satisfactory and within the bounds of article 8 and other measures within the convention, but it drew two points to our attention. We have gone into great detail to ensure that we can bring about a system to enact the observations in the ruling by the Supreme Court, but to do so in a way that keeps the purpose of the regime in place.

The orders before the Committee will not change the purpose of the disclosure regime. The disclosure rules will continue to ensure that children and vulnerable people are protected from dangerous offenders. However, the Supreme Court judgment made it clear that these two areas of concern are disproportionate as currently framed, so the orders will ensure that there is a balance between the safeguarding aims and supporting people who have offended in the past to move into employment and move on with their lives.

--- Later in debate ---

[Victoria Atkins]

We were getting on so well! Hon. Members in other parts of the Palace may be heatedly debating certain issues, but I was hoping, from the constructive speech of the right hon. Member for Tottenham, that we could find agreement. Indeed, I acknowledge that he kindly indicated that the orders will not be subject to a vote, for which I thank him.

I also thank the right hon. Gentleman for his work on the Lammy review, on which he continues to keep a laser-like focus. Only recently, in answer to an urgent question, the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), updated the Chamber that, of the right hon. Gentleman’s recommendations, 16 have been completed, two have been rejected and 17 are in progress. I very much hope that he considers this measure to be one of the recommendations in progress that we hope to be finalised by the end of the year.

The hon. Member for Warley—

[John Spellar]

Right hon. Gentleman.

[Victoria Atkins]

Forgive me. The right hon. Gentleman took a slightly different approach in his advocacy, but we acknowledge the passion that he brings to the subject. I merely confirm and reassure him that his PMQs will have been considered carefully by the Prime Minister, and that the Government will of course continue to consider carefully the Supreme Court ruling. It is precisely because we have been careful to ensure that we are following the guidance in that ruling that we have arrived at these orders.

I will clarify a couple of points in relation to the case that was argued, because the right hon. Member for Warley put a great deal of emphasis on the fact that common sense would have dictated that the Government change the policy before the Supreme Court ruling on the four cases that were joined. In fact, in the case of P, her convictions stood to be disclosed under the multiple conviction rule. W wanted to teach English, but as actual bodily harm is on the specified offences list, it will always be disclosed, and indeed, that decision was upheld by the Supreme Court. The case of Gallagher was again a case of the multiple conviction rule, and will be corrected by virtue of these orders.

The fourth case, which I do not think the right hon. Gentleman mentioned, was that of G, who received two reprimands aged 13 for sexually assaulting two younger boys, both aged nine. G claimed that the acts were consensual. He would have had the reprimand disclosed under the serious offences rule. The Supreme Court was content with that course of action. I hope that shows that, although one may have an instinct as to how certain rules should be applied, the Government must none the less take each case and be clear as to the consequences, intended and unintended, of changing the safeguarding regime.

[John Spellar]

If we take the case of W, the Supreme Court would have said, “As we understand the law, as the law is, this is what you should do.” The Minister said that the Supreme Court gave approval for the way the Government acted in the case of W. It then falls back to the Minister to justify how a conditional discharge that a 16-year-old received after a fight between a number of boys on their way home from school in 1982, since when he has not offended, should blight his life in his 40s. That is not a job for the judge, who has to work on the basis of the law at that moment. Why did Ministers not take from that example that they should change the law?

Crime (West Sandwell)

Debate between Victoria Atkins and Lord Spellar

Thursday 27th February 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I congratulate my hon. Friend the Member for West Bromwich West (Shaun Bailey) on securing this important debate and speaking with such passion about the impact of crime in his constituency. He set out very clearly the promise he made to his constituents on his election. I, for one, think he is very much delivering on that promise.

My hon. Friend eloquently set out the corrosive and devastating impact of crime. People have the right to feel safe when they visit their local high street, walk home, or go to sleep at night.

The Prime Minister has made it clear that keeping our streets safe is an absolute priority for this Government. We have taken swift action to tackle crime on multiple fronts, with clear priorities of addressing serious violence, homicide and neighbourhood crime. We are also investing heavily in policing, enabling the biggest increase in police funding in a decade and the largest recruitment drive in many more. The Prime Minister promised that, and like my hon. Friend, he is delivering on his promise.

While there is no shortcut to solving crime, this people’s Government have the commitment and resolve to see this through. We will maintain a relentless focus on cutting crime and addressing its root causes. We will see extra police officers on the streets and support law enforcement to deliver innovative approaches that keep them a step ahead of these fast-evolving criminal groups. We must protect the most vulnerable, invest in safeguarding and support those at greatest risk of becoming victims or offenders.

[John Spellar]

Can the Minister tell us when those police will be on the streets of the west midlands and how many there will be?

[Victoria Atkins]

The right hon. Gentleman is surpassing himself today—I am just about to move on to that, because it was the first question asked by my hon. Friend the Member for West Bromwich West. We have pledged to recruit an additional 20,000 officers, which we believe sends a clear message that we are committed to giving police the resources they need to tackle the scourge of crime. West Midlands police will receive up to £620.8 million in funding in 2020-21—an increase of up to £49.6 million on the previous year. To put that in context, it is an increase of 8.7%, which is the third highest in the country. This year alone, West Midlands police will benefit from 366 more police officers, but we make it clear that this is the first tranche in a three-year programme.

Forces have been given a generous funding settlement in order to provide for the associated costs alongside new officers, such as additional cars, estate equipment and uniforms, and give them what they need to tackle crime. How and where in each force those officers are deployed is a decision to be made by the local chief constable, but I note my hon. Friend’s encouragement for central Government to get involved. I suspect that he will be a very good advocate for his constituency, to ensure that it sees the benefit of those new officers and the extra funding. Fundamentally, this is about tackling crime. The uplift programme provides the opportunity to ensure that we have the officers that policing needs to respond to the increase in demand and to take a proactive response to tackling and preventing crime.

My hon. Friend asked about community and neighbourhood policing. Local policing fulfils two essential functions: responding to calls for service and preventing crime and harm. It is also the key vehicle for building legitimacy through community engagement and public confidence. The College of Policing published guidelines on modernising neighbourhood policing in March 2018. The Home Office contributed to the guidelines, which cover a variety of topics, including engaging communities, solving problems, targeting activity and promoting the right culture.

That is all good work, but we want to build on it, because two of the crime types that are at the heart of neighbourhood policing are, sadly, acquisitive crime and vehicle crime. The Government recognise the distress and disruption that acquisitive crimes can cause. Indeed, my hon. Friend set out clearly the experiences of his constituent Ellie and her partner, and the longer-term consequences for the family’s livelihood and wellbeing. Residential burglary is a particularly invasive crime that can have a lasting impact on its victims, and vehicle theft can also have a real impact, particularly on those who rely on their vans, scooters and other vehicles to earn a living.

We are committed to driving down those crimes and making our communities safer. One way in which we will achieve that is through our £25 million safer streets fund, which will support the communities who are disproportionately affected by acquisitive crime to implement crime-prevention initiatives such as improved street lighting and home security. The principle behind the fund is that policing cannot deliver this on their own. We need to engage neighbourhoods in the package of measures to have success in local areas. We are encouraging bids to the fund not only to be developed in partnership with local communities but to include community-focused elements—for example, building support and engagement in the proposed interventions, or direct funding for community groups to undertake prevention activities themselves.

We have made it clear that, although police and crime commissioners are the lead bidders, they are encouraged to work in partnership with a wide range of local organisations to ensure that local priorities are addressed and local communities are engaged. The application process for the fund is currently open, and I would encourage my hon. Friend to work with the police and crime commissioner, his local police force and community groups to develop and submit a bid or bids to the fund before its closing date of 20 March.

My hon. Friend raised the issue of serious violence. Again, we understand and recognise the terrible impact that serious violence has on local neighbourhoods and communities. Preventing and tackling serious violence is a matter for law enforcement—of course it is—but we also need to find long-term solutions to the problem and to tackle the root causes. We recognise the importance of effective partnership working across the wide range of professions that must work together to bear down on this problem.

To support this, we are introducing the serious violence Bill, which will create a new duty on a range of specified agencies—the police, local government, youth offending, health and probation—to work collaboratively, share data and information, and put in place plans to prevent and reduce serious violence within their local communities.

We invested £100 million in 2019-20, through the serious violence fund, for the 18 police force areas most affected by serious violence. Of this, £7.62 million was allocated to the West Midlands to pay for a surge in police operational activity. Only yesterday, the Home Secretary announced a further just under £5 million for the West Midlands, as a provisional allocation in an overall announcement of £41.5 million for police surge funding in the year 2020-21. West Midlands will provisionally be allocated this as one of the 18 force areas worst affected by serious violence.

A further £3.37 million has been invested in developing the West Midlands violence reduction unit. On 29 December 2019, the Home Secretary announced a further £35 million to continue funding these units. The West Midlands VRU has been allocated another £3.37 million for 2020-21 to continue to tackle the root causes of serious violence. Indeed, when I joined officers out and about in Birmingham a few months ago, I was very pleased to meet some of the people setting up that important unit in my hon. Friend’s local constabulary area.

My hon. Friend asked me the very difficult question—question 3—of whether I would meet him and his constituents in his constituency, and I would be delighted to do so. I would be delighted to visit him in his constituency so that I can see for myself the issues that he and his constituents are facing. I thank him very much for the opportunity to listen to and discuss the particular issues facing his constituency. I will of course continue to reflect on them in considering the Government’s approach in the future. I have no doubt that my hon. Friend will continue to raise these issues with continued passion and determination.

Finally, I wish my hon. Friend’s constituent Ellie and her partner all the very best with the happy arrival, I hope, of their cherished baby.

Question put and agreed to.

Child Sexual Exploitation Victims: Criminal Records

Debate between Victoria Atkins and Lord Spellar

Tuesday 19th March 2019 Commons Chamber

[John Spellar (Warley) (Lab)]

Unfortunately, once again, the Minister’s response is the same as the one that we get from the Home Office, which is that it is for the employer to decide, and frankly that is just not good enough. It shows a failure in the Home Office to recognise the fundamental flaws both in the policy and implementation of the disclosure and barring scheme. We must allow people, particularly victims of CSE, to rebuild their lives. Why will she not dump the dogma and sort out the faulty DBS before it blights even more lives?

[Victoria Atkins]

I know that the right hon. Gentleman has a long history of campaigning on this matter, and he asked me about the system recently in Home Office questions. I remind him gently that the Supreme Court found that it was a coherent scheme of legislation. We are considering that judgment very carefully, because, of course, we must balance the rights of the individual against the rights of wider society in safeguarding the most vulnerable people in our communities.

Oral Answers to Questions

Debate between Victoria Atkins and Lord Spellar

Monday 25th February 2019 Commons Chamber

[John Spellar (Warley) (Lab)]

Does the Minister now accept that although the disclosure and barring scheme was a response to a real concern, it has become a bureaucratic nightmare? It has reversed the Rehabilitation of Offenders Act 1974, and prevented people from turning their lives around and providing for themselves and their families, while also being deeply discriminatory. Following the decision of the Supreme Court, will she rapidly reform the DBS—not with endless consultations, but with some real action?

[Victoria Atkins]

The right hon. Gentleman will know that Lord Sumption in the Supreme Court described the disclosure and barring scheme as a “coherent scheme of legislation”. The reason for the regime is to protect children and vulnerable people; that is the point of it. As Lord Sumption recognised, it balances public protection with the rights of individuals to a private life. It applies only to certain jobs that are protected, and it is for employers to decide whether they give someone a job once they are armed with the facts. The scheme was supported by the Supreme Court.

Oral Answers to Questions

Debate between Victoria Atkins and Lord Spellar

Monday 8th January 2018 Commons Chamber

[Victoria Atkins]

I share my hon. Friend’s concerns and thank him for raising this important issue. We have developed mobile drug-driving enforcement devices to help the police to identify suspected drug-drivers at the roadside, and they help to enforce the drug-driving offence that was introduced in 2015 to make it illegal to drive with a specified drug in the body above certain limits. The Government commissioned an evaluation of that new drug-driving legislation, and we are considering its findings and recommendations as part of future work to strengthen the law.

[John Spellar (Warley) (Lab)]

As the Immigration Minister, the right hon. Member for Great Yarmouth (Brandon Lewis), has done a runner, what will the Home Secretary do to clear up his lamentable record? In particular, does she think six months is an acceptable benchmark for resolving immigration cases? The Department is avoiding even that low aspiration via spurious excuses about cases being “complex.”