Public Order Bill (Fifth sitting)

Debate between Wendy Chamberlain and Kit Malthouse

Committee stage
Thursday 16th June 2022 Public Bill Committees

[Kit Malthouse]

We have discussed the range of offences that offenders commit. In presenting the requirement for this order to a court, the police would have to make a case that a series of offences had occurred, or indeed that serious disruption had been caused by the individuals’ behaviour, to warrant this order. We will come on to the substance of those matters, and we can debate it at that point. For the reasons I have given, we do not agree with the amendment, and we hope that the hon. Member will withdraw it.

[Wendy Chamberlain]

This is a probing amendment to get the Government’s view on the matter. The Minister has made it clear that he thinks the civil burden is appropriate at this time, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Ordered, That further consideration be now adjourned. —(Scott Mann.)

Public Order Bill (Sixth sitting)

Debate between Wendy Chamberlain and Kit Malthouse

Committee stage
Thursday 16th June 2022 Public Bill Committees

[Wendy Chamberlain (North East Fife) (LD)]

I beg to move amendment 40, in clause 20, page 21, line 19, after “fine” insert

“not exceeding level 2 on the standard scale”.

A person convicted of an offence related to a serious disruption prevention order may be subjected to a fine. Under this clause there is currently no limit on the fine that may be imposed. This amendment would place a maximum limit on the fine.

This amendment is similar to the amendments I tabled to previous clauses that we discussed on Tuesday. It is a probing amendment to test the Government’s justification and explanation for why they are proffering unlimited fines in the Bill. I do not intend to move the motion today and look to withdraw it.

[Kit Malthouse]

I will just say briefly, as I have about the hon. Lady’s previous amendments, that I am afraid we just do not think that 500 quid is enough of a deterrent, not least because we want to recognise the fact that we are talking about the breach of a judicially imposed order. The level of fine suggested in the amendment is just not proportionate to that kind of offence, so we urge the hon. Lady to withdraw the amendment.

[Wendy Chamberlain]

What would be acceptable to the Minister then? I suppose that is the purpose of my probing amendment.

[Kit Malthouse]

What is acceptable is what is in the Bill.

--- Later in debate ---

[Kit Malthouse]

My hon. Friend is making broadly the same point. We think the provisions in clause 20 are commensurate and in line with those for other breaches of judicially imposed orders; effectively, there can be an unlimited fine. Certainly, if an injunction is breached, the judge has unlimited powers of fine—something that I know the hon. Member for Croydon Central is keen on. Given that this is a judicially supervised order, it should be for the judge to decide what the fine should be. It is worth remembering that when judges are given flexibility in making fining decisions, they have to take into account the circumstances of the individual—they have to means-test them, effectively—decide on the level of impact and the likely deterrent effect of the fine. We think that should be left to judicial discretion.

[Wendy Chamberlain]

I have nothing further to add. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

[Kit Malthouse]

As we have discussed, clause 20 creates various offences relating to a serious disruption prevention order. It will be an offence for an individual to, without reasonable excuse, fail to comply with any requirement of their order, or do anything that the terms of their order prohibit them from doing. For example, an individual subject to an SDPO could commit an offence if they attend a protest at a designated time and place that is prohibited under the terms of their order. In line with the notification requirements established in clause 17, an individual subject to an order will also commit an offence if they knowingly provide false information to the police as part of their notification requirements.

If found guilty of one of these offences, upon summary conviction, the court will be able to impose a maximum sentence of 6 months’ imprisonment and/or an unlimited fine. Subsection (3) provides that the maximum term of imprisonment will increase to 51 weeks if section 281(5) of the Criminal Justice Act 2003 comes into force. This sentence reflects how seriously the Government take anyone breaching the terms of an SDPO, and also acts as a deterrent to anyone considering breaching this judicially imposed and supervised order. As I outlined while discussing clause 19, courts will be required to make clear the possible penalties for a breach of an order to each individual subject to an SDPO, so there will be clarity about what happens if they do not do as the order requires.

--- Later in debate ---

[Sarah Jones]

As we do not support this entire section of the Bill, I will not talk at length about the hon. Lady’s comments. We support the amendments, and I thank her for her tabling them.

[Kit Malthouse]

As the hon. Member for North East Fife said, amendments 41 to 45 would prevent the courts from being able to renew serious disruption prevention orders. That would mean that where there was evidence that a person subject to an SDPO would go on to commit a protest-related offence or cause serious disruption soon after its expiration, nothing could be done to ensure that they were still bound by the conditions of their order. As a result, these amendments would undermine the purpose of the orders. I therefore encourage the hon. Lady to withdraw amendment 41.

[Wendy Chamberlain]

I intend to withdraw the amendment, but I do not agree with the Minister that we should apply orders that can apply indefinitely, and that could therefore breach people’s right to freedom of assembly and speech. If a police officer agrees that another SDPO is needed, they should apply for a new one, rather than renewing one in perpetuity, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

[Kit Malthouse]

I am happy to address the hon. Lady’s earlier point in the sidebar if she wishes, but in effect it would be for a judge to make a judgment about renewal; it would not necessarily just be for the police to impose a renewal.

Clause 21 enables a person—an individual subject to an SDPO or a relevant police officer—to apply to the appropriate court for the variation, renewal or discharge of an SDPO. Either of those individuals may apply at any point during the duration of the SDPO, and subsection (12) provides that the normal six-month time limit on magistrates hearing complaint cases does not apply. That is to ensure that applications for SDPOs with a duration of six months or longer can still be made to these courts.

When deciding whether to vary, renew or discharge an order, the court must hear from both sides—for example, the relevant police officer applying for a renewal of the order and the person subject to that order—before making its decision. That is to ensure that the court has the opportunity to consider arguments both in favour and against any changes to the terms of the order. When making its decision, the court can decide to vary, renew or discharge either the whole of an SDPO or certain prohibitions or requirements in an order, depending on the evidence presented to it. In deciding whether to vary or renew an order, the court must satisfy itself on the same grounds as are required when imposing an order—namely, that the order will prevent the person subject to an SDPO from committing, or contributing to others committing, a protest-related offence, a protest-related breach of an injunction or activities that result or are likely to result in serious disruption at a protest. It must also consider whether varying or renewing the terms of an order will protect organisations or two or more individuals from the risk of serious disruption arising from any of these activities.

Any changes to an SDPO will be subject to the requirements set out in clauses 14 to 19, apart from subsections (2) and (3) of clause 17, which deal with notification requirements when an order is first made. In practical terms, this means that any changes to an SDPO will be subject to the same duration limits as apply when an SDPO is first imposed—namely, they may last a minimum of one week and a maximum of two years. If a court decides to vary or renew an electronic monitoring requirement, that will again be limited to a 12-month duration. Nothing in this clause prohibits further variances or renewals of an SDPO if a court and a judge consider them necessary. I urge that clause 21 stand part of the Bill.

--- Later in debate ---

[Sarah Jones]

I thank the hon. Lady for her speech. She covered a wide range of challenges the police have before them. It is not unreasonable to expect the Government to ensure that there is capacity within policing to implement legislation if we are making them do so. I also think that she is probably the only person in this room who has policed protests, so, unless anyone else has, we should probably listen to what she says.

On funding, there is a raft of information out there on the lack of and need for training. I would add a couple of other points, made by the inspectorate and others, on what we must do to ensure that we do these things better. The first is on intelligence gathering—finding out, upstream, what is being planned—to ensure that we have enough resources in that area, because that is one of the most effective ways to prevent those repeat offenders.

There is also an interesting chapter in Matt Parr’s report on collaboration between agencies, because to effectively police a protest, we need all of the other agencies, such as the local authority and emergency services, alongside the police as well. There were many examples where that collaboration was not working properly, perhaps because people do not have the time to put that in place. In his report, Matt Parr recommended a joint review of that process. I understand that there will be one, but, of course, that has not happened yet, and so those challenges are still there.

I know that the hon. Member for North East Fife is intending this as a probing amendment. However, I think it is a reasonable challenge to the Minister that we should have enough resources to implement this when crime has risen, prosecutions have fallen, and we have seen huge cuts to policing across the board—the numbers have not yet gone back to previous levels. We would support the hon. Lady’s amendments.

[Kit Malthouse]

I have great respect for the experience of the hon. Member for North East Fife, and I salute her service as a police officer. It is a noble calling and she has my admiration for her career, but I am genuinely perplexed by the amendments. They are unnecessary, not least because much of what we have discussed so far and the amendments that we are putting through are about giving the police more prosecutorial powers and allowing them to get ahead of certain protest tactics and to prevent them, therefore reducing the resources required.

For example, we have discussed stop and search. We have had episodes where police officers have seen the lorries going past with the scaffolding poles sticking out of them, but are unable to stop the vehicles and search them for the equipment and have to wait until the individuals erect them. Then the height team has to be called and the unlocking team has to be called. The ability to intervene earlier would mean that we need fewer specialist teams; that we are able to deal with things much more quickly and on a preventative basis, and therefore there is likely to be less call upon resources.

Notwithstanding what the hon. Lady says, we have significant police resources at our disposal now. The last published police officer numbers figure was 142,000. The peak in 2010 was 144,000. We still have 6,000 or 7,000 to go in our recruitment, so we will be well above the previous peak when we get there. There are lots of resources there.

Obviously, police officers need to be trained properly and there need to be adequate resources to deal with public order issues, but we are acting in this debate as if the police are not already heavily engaged in public order, and as if there is not already an enormous absorption of resources. With the Just Stop Oil protests, for example, officers were drafted from Scotland to come down and assist Essex police and Warwickshire police with the policing of the protests.

We are acting as if it is the legislation that we are going to pass—I hope—that will put a demand on the police, rather than the protesters themselves, who are dragging the police officers away from their important work dealing with knife crime and burglary and robbery in our neighbourhoods. The hon. Member for Croydon Central makes much of overall crime being up; she never mentions that kinetic crime—crime in our neighbourhoods—is actually well down. As she says, fraud is up, and that adds to crime and is something that we need to address but, overall, the crimes that impact on us physically are significantly down and that is a tribute to the work that the police have been doing over the last couple of years.

The other thing I find perplexing is the unwillingness to address the urgency of the situation. I understand that on a hot afternoon, on a Thursday with a one-line Whip, it is easy to be relaxed about this, but we should be in no doubt that in recent months we have seen some extremely dangerous protest tactics: people lighting cigarettes on top of petrol tankers; strapping themselves to fuel gantries, through which millions of gallons of fuel are flowing; or digging tunnels that have been caused to collapse on contractors, bringing people’s lives into danger.

There is an urgency to what we need to put in place. I understand the desire of the hon. Member for North East Fife to have a training audit before we do anything, but I do not think the situation gives us the time to do that at our leisure. We have to act as swiftly as possibly. I am happy to write to the hon. Lady with what we understand the impact is likely to be, but I ask her to withdraw the amendments on the basis that we must act urgently.

We cannot wait, given the danger that is being presented to the protesters and certainly to the police, and the disruption that the public are seeing. At this time of a cost of living crisis, with people struggling and with rail strikes and whatever we may see over the summer to come, we really cannot have these protest tactics taking place. That is why I would be keen for her to withdraw her amendments.

[Wendy Chamberlain]

I suppose we could say that the Minister and I have a difference of opinion here. Without an assessment, we will not know who is accurate. The Minister’s position is that the measures in the Bill will ultimately mean less abstractions. My argument is that they potentially mean more, from a training and deployment perspective. Without an assessment, we will not know.

The hon. Member for Stockton North asked Sir Peter Fahy about resources last week. Sir Peter said that

“the public think that there are lots of police officers sitting around in police stations doing nothing, whereas the reality is—somehow the police service needs to find a better way of articulating this—that no, even the Metropolitan police does not have loads of spare officers.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 62, Q123.]

The Minister has said that he believes there are sufficient resources, but he also went on to say that the authorities needed to bring police officers from Scotland in order to stop a Just Stop Oil protest. There are issues with resources, and my amendment would ensure that there was a report looking at the capability of police services. I welcome the Minister’s offer to write to me on what assessment the Government have taken into consideration, and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Public Order Bill (Third sitting)

Debate between Wendy Chamberlain and Kit Malthouse

Committee stage
Tuesday 14th June 2022 Public Bill Committees

[Wendy Chamberlain]

As this is my first Bill Committee, I was worried that I had already made a mistake. I am glad to hear that the issue causing us difficulty was beyond my purview.

As I say, I have policed events and protests; Lord Paddick has been the commander at them. I highlight the evidence that we heard last week from police officers, particularly Chief Superintendent Phil Dolby, who leads on the management of such events. What really came through for me in the evidence was the need for ongoing dialogue and agreement with those exercising their democratic right to protest. I have concerns that the legislation will hinder that dialogue. As former Chief Constable Peter Fahy said, we do not live in France or any other country with a paramilitary aspect to their policing. We do not want any legislation to risk our approach. I have concerns about that balance, about unnecessarily criminalising protesters, and about bringing into the scope of the legislation people who have nothing to do with a protest.

Chief Constable Chris Noble observed in his opening remarks last week that the vast majority of protest activity is non-contentious. I urge us all to remember that in our deliberations. The provisions in the Bill were introduced into the Police, Crime, Sentencing Courts Act 2022 when it was in the Lords last Session, and they were resoundingly opposed in the other place, so I am surprised that the Government are pretty much reintroducing the same measures and are not taking the experience in the Lords into account. I thank Lord Paddick, who spoke strongly against the provisions; the Chair may find that some of my remarks bear a resemblance to his.

Clause 1 will criminalise people who lock on even if there is no disruption caused, as long as there is potential for disruption. Amendment 29 would remove the words

“or is capable of causing”

which are incredibly broad and uncertain. If the Government are determined to create these additional offences—it appears that they are, given that we are back considering this Bill—the law that introduces them must be legal. These provisions are vague, undefined and open to subjective interpretation, as we will see in the law courts if the Bill as drafted passes into law.

The National Police Chiefs’ Council said in evidence that it is concerned about the phrasing, as it will be open to interpretation, and the onus will be on officers to decide the meaning. As I said in our evidence session last week, the first officer to attend a protest, whether they be a police constable, sergeant or inspector, is in charge and takes control and command—they lead. No one officer has the overall picture necessary to make such decisions, and I argue that this measure places the onus on individual officers to decide its meaning. Not only are the police unable to enforce such restrictions, but, as we have heard from organisations such as Amnesty International, the lack of certainty and broad scope makes the conduct in question illegal from the outset. That is not what we should intend to do in legislation. The provision severely curtails the fundamental human right to protest peacefully and will further damage our global reputation.

The clause potentially criminalises all sorts of protests. What about a counter-demonstration to stop holocaust deniers marching past a synagogue? If protesters linked arms to protect the synagogue, they could be caught by this clause. There is no definition of “capable of causing”. We do not criminalise behaviour that might cause crime. We prosecute people who have caused crimes.

[The Minister for Crime and Policing (Kit Malthouse)]

Amendments 29, 46 and 30 target clause 1, which introduces a new offence of locking on. Locking on is an extremely disruptive and often dangerous tactic that can place both protesters and police at extreme risk. It is unacceptable that protesters can use bike locks, glue and an imaginative range of other equipment to inflict disruption on businesses and the public, and the testimony we heard in the oral evidence sessions highlights the need for the Government to act.

Amendment 29 would raise the threshold of the offence by requiring a person’s lock-on to have caused, rather than be capable of causing, serious disruption before they were liable for the offence. That would not account for situations where, for example, a person locks on with intent to cause serious disruption but is quickly removed by the police before serious disruption can be inflicted. If there is to be a deterrent effect, it is important that those who commit acts that could cause serious disruption face appropriate penalties. I do not see the value of accepting the amendment.

Amendment 46 would inadvertently lower the threshold for serious disruption; it would remove the statement that serious disruption is caused by a lock-on only if the disruption applies to two or more individuals or the activities of an organisation. It is entirely reasonable to assume that if someone commits a lock-on that causes serious disruption to one or more person, they may be arrested and charged with the offence. I am not sure the hon. Member had the intention of lowering the threshold of application of this clause.

--- Later in debate ---

[Sarah Jones]

The intent behind the amendment—to prove whether an unlimited fine is proportionate or not—is sensible. It is difficult to find examples of offences that have resulted in huge fines, and I wonder whether the Minister could provide some examples of the scale of fines for the offence set down in clause 1. I know that the coalition Government introduced an unlimited fine in 2015 under the terms of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The explanatory notes to those regulations state:

“For the most serious offences tried by magistrates that maximum is generally £5,000 although for certain offences where the financial gain from offending is substantial—for example in some environmental offences—the maximum fine can be as high as £50,000.”

How will the offences we are considering compare? I understand that when a similar amendment was considered during the passage of the Police, Crime, Sentencing and Courts Bill, the Minister in the other place said,

“We think that an unlimited fine is appropriate in the case of these new offences; a level 1 or level 2 fine…would not…in our view…reflect the seriousness of the conduct in question. An unlimited maximum fine allows courts to determine the level of any fine on a case-by-case basis, having regard to the gravity of the offence and the ability of the offender to pay.”—[Official Report, House of Lords, 24 November 2021; Vol. 816, c. 994.]

It would be helpful if the Minister could shed some light on an estimated fine that he believes could reflect the seriousness of the conduct in question, which, as we have just debated, is so broad in scope.

[Kit Malthouse]

I have already spoken about the harm that locking on can cause and we feel strongly that those who commit locking on should face a sentence proportionate to the harm they cause. The maximum fine of £500, which the amendment provides, is simply not proportionate to some of the offences we have seen and the courts should have the discretion to impose an unlimited fine on a case-by-case basis. Judges do this on a regular basis within the framework set for them, dependent on the individual’s circumstances, their relative wealth and the likely deterrent effect the fine will have.

Although I understand and hear what the hon. Member for North East Fife says about what happens north of the border with malicious mischief, it is the case that in theory that offence carries an unlimited fine and, indeed, an unlimited prison sentence, notwithstanding the guidance judges operate under. I am conscious that the fuel protestors recently arrested outside Glasgow have all been charged, as I understand it, with malicious mischief. We will wait to see what the result may be, but I have no doubt that Scottish judges will look to the circumstances of those individuals and the damage and disruption they caused while they decide what the fines should be. Although she might say that that is not more draconian, we are simply seeking to mirror what would be experienced north of the border, and I urge the hon. Lady to withdraw the amendment.

[Wendy Chamberlain]

We ask the Minister to accept that because malicious mischief is a crime of common law there are unlimited fines and imprisonment attached to it. We have no legislation that does not have a fine scale within it, which is why I think we should ensure that we have something on this. My amendment is very much intended to probe what the Government would consider reasonable, so I have no intention of pressing it to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

--- Later in debate ---

[Wendy Chamberlain]

My party and I are happy to support Labour’s amendments 47 and 48. The scope of my amendments 32 and 33 is similar.

The intention of our amendment 32 is to probe what might be criminalised in connection with an offence. The theme this morning has been the broadness of the legislation as drafted, and the Opposition are looking to get some definition of what that might look like. Amendment 33 intends to ensure that the person who is prosecuted for the offence of being equipped also did the locking on themselves.

My concerns are linked to those set out by the shadow Minister, the hon. Member for Croydon Central. As she asked, will the provision of food and drink to someone engaged in protest activity be included? What about medical supplies, if a protester is injured in the course of the protests? What about a parent, simply worried about the safety of a young adult, who makes sure before they go to a protest that they are wearing sturdy clothing? What about the community group that lends its loudspeakers to an event?

The scope is so broad that such people, arguably, could get caught. This morning, we have discussed how the law will be interpreted. Those interpretations, given the Bill’s existing scope, are valid. What about people who happen to be caught passing a protest while carrying material used for locking on? For example, lots of MPs cycle in to Westminster, and demonstrations happen in Westminster all the time. Are MPs to be caught by this legislation simply because they are carrying their bike locks as they make their way into the estate? Under the Bill, that could theoretically happen.

While the police may not prosecute MPs, we know from the evidence we heard last week and from other evidence that sections of the population are overly policed. We will discuss the stop-and-search powers later—I am sure that Members will have much to say then—but if the evidence currently says that black people are eight times more likely to be stopped and searched, it follows that black people will also be disproportionately criminalised for carrying innocent items in the wrong place at the wrong time. As such, I am keen to hear from the Minister what this clause includes, and for amendments to be tabled that will limit its scope appropriately.

Amendment 33 addresses some of those problems. As drafted, the Bill allows for someone to be prosecuted for carrying an item that someone else uses to lock on. This has the potential to criminalise people who are peacefully protesting, or indeed those who are not protesting at all. We need to be clear: it is not a crime to attend a protest, nor is it a crime to carry the sorts of household items that are used for locking on—if that were the case, how would anyone purchase those items? Doing so without then breaking the law, simply put, cannot be a crime.

[Kit Malthouse]

I will speak to the amendments now, and then speak more substantively on stand part.

The amendments seek to raise the threshold for the offence of going equipped to lock on. Amendment 47 would raise the threshold for that offence, requiring that individuals “will” intend that the equipment be used in the course of locking on, rather than “may” intend. It is important that the police can protect the public from the possibility of someone locking on. Raising the threshold of the offence to “will” rather than “may” would restrict its effectiveness and the ability of the police to take proactive action against lock-ons, which we heard from the operational police chief during our evidence session was critical to minimising disruption.

Amendments 32 and 48 would remove from the scope of the offence of being equipped to lock on, someone who carries equipment intended to be used in connection with the locking-on offence, rather than in the course of that offence. Amendment 33 would also narrow that offence by applying it only to the individual who commits a lock-on. These amendments would mean that during disruptive protests, those who deliberately brought lock-on equipment to hand over to fellow protesters for them to use would not be criminalised for doing so, effectively allowing protesters to continue to legally provide lock-on equipment to others and removing a key deterrent aspect of the offence. Doing so would severely limit the effectiveness of the offence in stopping the use of lock-ons from spreading during a fast-moving protest situation, and I am afraid that we cannot support it. We ask that the amendment be withdrawn.

[Sarah Jones]

Given the vote that we have had on a similar measure, I see little point in pressing amendment 47 to a Division. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Wendy Chamberlain]

I beg to move amendment 34, in clause 2, page 2, line 17, after “fine” insert

“not exceeding level 1 on the standard scale”.

A person convicted of an offence of “being equipped for locking on” may be subjected to a fine. In the Bill there is currently no limit on the fine that may be imposed. This amendment would place a maximum limit on the fine.

The amendment is very similar to the amendment to clause 1 that I tabled previously. It ensures that any fines levied for the offence of being equipped for locking on are quantified, rather than left as an unlimited fine. I have very little to add beyond the remarks that I made regarding my previous amendment.

[Kit Malthouse]

As I made clear when speaking to the hon. Lady’s previous amendment, we disagree with lowering the maximum fine available for this offence. We feel strongly that those who commit lock-ons and carry lock-on equipment should face a proportionate sense of the harm they cause. The maximum fine that the hon. Lady proposes, £200, is simply not proportionate; we believe that the courts should have discretion to apply an unlimited fine. As such, I encourage the hon. Lady to withdraw her amendment.

Daniel Morgan Independent Panel Report

Debate between Wendy Chamberlain and Kit Malthouse

Wednesday 23rd March 2022 Commons Chamber

[Kit Malthouse]

The hon. Lady is right that the rapid recruitment has put strains on the system, but we have been monitoring it very closely to ensure that the system is able to cope, and I believe that it is. I know she is not suggesting that the vast majority of recruits are not right-thinking and correct in their values, and I hope and believe that is the case. One of the improvements that the inspectorate did note that the Metropolitan police has achieved over the past couple of years is an elimination almost of the vetting backlog, which just three or four years ago stood at something like 37,000, astonishingly. That has now been almost eliminated. That is a silver lining to the cloud of this report. As far as vetting is concerned, we have debated that just recently in the House. There are improvements that need to be made, not least on the monitoring of social media, which has just started in the Metropolitan police. It is an area to which we need to pay constant attention if we are to build that trust with London’s communities.

[Wendy Chamberlain (North East Fife) (LD)]

This review today is rightly about what the Metropolitan police is doing now, but it has resulted from the Daniel Morgan report, and there are still outstanding issues arising from that report, as referred to by the right hon. Member for Islington South and Finsbury (Emily Thornberry), who is no longer in her place. Indeed, my constituent, a former serving police officer, approached me for support because he had a complaint in relation to his treatment by the Metropolitan police while he was involved in the Morgan inquiry, and he has had no satisfactory outcome. He has now approached the IOPC. Will the Minister meet me to discuss how we can get some degree of finding for my constituent?

[Kit Malthouse]

I am hesitant to intervene in an independent process. Given the hon. Lady’s experience in policing, she will know that. If she thinks a meeting with me and her constituent would be useful once the IOPC has concluded, I would be more than happy to do so.

IOPC Report on Metropolitan Police Officers' Conduct: Charing Cross Police Station

Debate between Wendy Chamberlain and Kit Malthouse

Wednesday 2nd February 2022 Commons Chamber

[Kit Malthouse]

We have not refused at all. We have said we will consider it, along with all the other horrendous crimes that, sadly, teem around this country and which we have to deal with. As I say, we will publish our findings on the strategic policing requirement shortly.

[Wendy Chamberlain (North East Fife) (LD)]

I am the only female former police officer currently serving in this place. Although I served with dedicated officers, I would be lying if I said that I did not recognise an element of the culture from my own service over 28 years ago. Training is absolutely vital. Post the Stephen Lawrence inquiry, all police officers and staff across the UK attended three days of diversity training. It was a big undertaking, but it visibly demonstrated to the public that we were taking this seriously. What steps is the Minister taking and what conversations is he having with the College of Policing for something similar?

[Kit Malthouse]

The hon. Lady speaks with knowledge and she is exactly right. We are in intensive conversation with the College of Policing, which, as I hope she knows, is under new leadership, to ensure that we get the package of training exactly right, and, specifically, that the training catches up with modern phenomena, which perhaps it has been a little slow to do, such as social media.

Sexual Misconduct in the Police

Debate between Wendy Chamberlain and Kit Malthouse

Wednesday 20th October 2021 Commons Chamber

[Kit Malthouse]

Well, I am grateful that she does, because gathering that kind of intelligence is exactly what we need. As she will know, there is an ongoing review of MPs’ safety and the kind of hatred and abuse that she and others have to put up with online.

In terms of the wider issue about cultural change, the hon. Lady is right. I cannot comment on the individual disciplinary proceedings around that horrendous murder in north London, but she is right that part of our restoring the trust and sense of integrity in British policing is making sure, when such events happen, that the disciplinary proceedings and consequences are swift and certain; that they are conducted with rigour and alacrity; and that there is transparency about them so that the notion that the police are defensive on those issues is completely dispelled.

[Wendy Chamberlain (North East Fife) (LD)]

I associate myself and my party with the tributes paid to James Brokenshire earlier, and I send my condolences to his family.

The Minister mentioned the increasing gender diversity in the police force. A way to continue that trend is to ensure that we effectively demonstrate that internal complaints are being dealt with appropriately. A Unison survey four years ago found that the more serious the behaviour, the less likely to challenge it police staff were. Some 39% said that they would find it easier to keep quiet. As a former police officer, I sadly suspect that little has changed. What consideration is being given to the management and encouragement of reporting of internal complaints, particularly those that do not necessarily become criminal but do constitute misconduct and suggest a potential course of conduct?

[Kit Malthouse]

I am grateful to the hon. Lady, who brings her experience to bear on this area. The message we get from the inspectorate, which has looked at the issue over a number of years and no doubt will again, is that there has been change and improvement in a number of police forces, but it is too patchy, and that the greater resource and greater use of software in many ways—for reporting and for detection—could be more widespread.

The hon. Lady will know that a number of forces have software that detects when officers are accessing certain kinds of material on databases about victims or witnesses, which is useful. We have had several situations where officers have been caught illegally accessing that information and disciplinary or criminal proceedings have resulted from that. As she rightly points out, however, there is still a hell of a lot more to do, and I hope and believe that the working group that the NPCC has set up, in which, as I say, the Home Office is participating, will bring about the real change she is looking for.

Criminal Justice Review: Response to Rape

Debate between Wendy Chamberlain and Kit Malthouse

Tuesday 25th May 2021 Commons Chamber

[Kit Malthouse]

My hon. Friend is absolutely right that one of the key issues that we have to address is what they call “victim attrition”, which is a slightly depersonalised, desensitised phrase for victims not feeling that they are going to get justice and giving up along the way. I was very pleased that the Government announced a massive increase in the amount of money being given to create the posts of independent sexual violence advisers and domestic abuse advisers, who will help to support victims through the criminal justice system to make sure that they get to court in good shape and able to give the evidence that they wish to give. There will be more about this issue in the review and I hope that, when it comes, he will welcome it.

[Wendy Chamberlain (North East Fife) (LD)]

Despite the reasoning, the long delay in publishing the Government’s review of rape cases is emblematic of the chronic delays throughout the criminal justice system that are denying survivors justice and allowing rapists to walk free. The results of the analysis initiated by my hon. Friend the Member for Bath (Wera Hobhouse) are shocking. As a former sexual offences trained police officer, I think that what these statistics make clear is that police and prosecutors need more resources and training to bring perpetrators to justice, whether that means supporting survivors, handling investigations sensitively, analysing digital evidence or countering damaging stereotypes. The Minister talked in his response about this being part of ongoing work, so what are the Government doing now to deliver?

[Kit Malthouse]

I agree with the hon. Lady about resources and training. The development of expertise, which she obviously had in her career, is a key part of the Crown Prosecution Service and National Police Chiefs’ Council joint national action plan. We see better results from specialist teams, and often those structural issues that allow police officers to stay in post for longer, and develop an expertise in what my hon. Friend will know is a difficult and sensitive area of investigation, are critical. We must also ensure that the CPS is able to develop that specialism, and that will be a critical part of the joint national action plan.