Assaults on Emergency Workers (Offences) Bill

Wendy Morton Excerpts

2nd reading: House of Commons
Friday 20th October 2017 Commons Chamber

[Chris Bryant]

My hon. Friend is absolutely right; I agree with every word. Indeed, I am going to say it again myself later.

My Bill does three things. First, it introduces a new offence of common assault or battery against an emergency worker in the performance of their duties. As I am sure hon. Members know, there are similar offences on the statute book: common assault contrary to section 39 of the Criminal Justice Act 1998; and assault on a police constable, a prison officer or an immigration officer in execution of his duty under section 89(1) of the Police Act 1996, section 8 of the Prison Act 1952, and section 22 of the UK Borders Act 2007. There will be a test afterwards.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am not Welsh, but the west midlands are not too far from the Welsh border. Home Office statistics show that in the west midlands alone there were just over 1,300 assaults recorded against police officers in 2016-17. I hope that the Bill gets its Second Reading and continues. Does the hon. Gentleman agree that this debate, as well as dealing with assaults on emergency workers, should, and really will, send out a strong message to other public sector workers in areas such refuse collection, who also face assault, that these attacks are absolutely not acceptable and will not be tolerated?

[Chris Bryant]

I would like to cut the number of assaults on anyone in society—that is the truth of the matter. The hon. Lady makes a good point about public sector workers.

Incidentally, I should make one comment before I continue. My hon. Friend the Member for Lincoln (Ms Lee) referred to HIV. It is true that people often fear HIV infection in these situations, but it is almost inconceivable that somebody would be infected with HIV by being spat at. I want to make that absolutely clear. I would be horrified if my Bill were somehow to be used to increase the stigma attached to such illnesses.

There is a problem with the existing offences. Common assault makes no distinction between a member of the public and an emergency worker, and the other offences apply only to police, prison and immigration officers, and not to all emergency workers. What is more, they are all summary offences triable only in the magistrates courts, with a maximum sentence of six months.

By contrast, the Bill’s new offence will apply to all emergency workers. It will be an “either way” offence, triable in either a magistrates court or a Crown court, with a maximum sentence of 12 months, or a fine, or both. In essence, it will double the maximum sentence available for assault or battery of an emergency worker. It will give the Crown Prosecution Service an extra string to its bow and it will match the provisions already in place in Scotland.

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[Wendy Morton (Aldridge-Brownhills) (Con)]

If the hon. Member for Rhondda (Chris Bryant) will not accept our congratulations or thanks, let us then acknowledge his work and that of the hon. Member for Halifax (Holly Lynch), as well as that of previous Administrations who have worked on this particular topic and of those responsible for taking this Bill through the House. It was interesting to hear how the hon. Gentleman conducted his own ballot to find which topic the public supported most for a private Member’s Bill.

The Bill and today’s contributions send a clear signal from this House that certain attitudes towards and attacks on emergency workers will not be tolerated. Emergency workers are among the most respected people in this country. They should be able to do their job in the knowledge that if anyone assaults them while they carry out their duties, the persecutor will be punished. My own sister is a nurse, although not in the emergency sector, and I would not wish to think that she was doing her job without adequate protections and safeguards.

I have done some research on emergency workers and frontline staff in the west midlands and my own constituency. In the west midlands in 2016-17, there were 1,312 recorded assaults against officers. That is the second largest number of attacks, by police force area, with only the Metropolitan police recording a higher number. Walsall Healthcare NHS Trust recorded 175 assaults in 2015-16, which equates to 3.5% of staff being attacked. We have to remember that behind every police officer, fire officer and nurse who is assaulted, there is a partner, husband, wife or family. As we have heard, they are equally affected.

I will turn briefly to the Bill’s specifics—I must get my teeth in today and keep my pieces of paper in the right order. This is the disadvantage in having one’s speech curtailed.

There has been a lot of debate about clause 3 and the definition of “emergency workers”, and I mentioned earlier an assault on a constituent of mine who is a refuse collector. We need to look very closely at that definition. For example, are members of the armed forces under Operation Temperer covered under the Bill? I am not quite sure, so I ask the Minister to confirm that in his winding-up speech.

[Mike Hill]

I hope the definition will include the civil nuclear police, too.

[Wendy Morton]

The hon. Gentleman highlights the need to look at the specifics of the Bill.

My hon. Friend the Member for Dartford (Gareth Johnson) highlighted the need to look beyond emergency workers in accident and emergency. We have heard about minor injuries units, but what about nurses on wards? Could they be included in the Bill?

It is very important for the Bill to undergo line-by-line scrutiny in Committee so we can get it right. We have an excellent opportunity not just to send the right message, but to protect the people who need our protection most. What we have heard today, and what we have seen in our own constituencies, is absolutely not to be tolerated. That message must go out loud and clear, and be backed up by legislation that works to protect our frontline services.

Oral Answers to Questions

Wendy Morton Excerpts

Tuesday 5th September 2017 Commons Chamber

[Dominic Raab]

The hon. Lady makes a powerful point. No one wants to lay the blame at the door of any victim, let alone the most vulnerable—in this case children. She heard what the Secretary of State said about CICA: it will be looked at in the context of the issues that have arisen recently. It operates in a different context from the criminal justice system, in that it can apply when there has not been a criminal conviction.

[Wendy Morton (Aldridge-Brownhills) (Con)]

8. What steps the Government are taking to prevent the use of drones over prisons.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

Drones are a serious threat to order and stability in our prisons, given the contraband that they are used to smuggle. Our intelligence work tells us that a lot of this activity is backed up by organised crime gangs. That is why we have invested in our intelligence teams. There is also a specialist unit between the Prison Service and the police service to track down and prosecute such offenders. In the last year alone, there have been 40 arrests and 11 convictions of criminals involved in drone activity, resulting in those convicted serving a total of 40 years in jail.

[Wendy Morton]

With offenders being more than twice as likely to be reconvicted within 12 months of release from custody if they are known drug users, what work is being done to tackle the supply—potentially using drones—of drugs into our prisons?

[Mr Gyimah]

Drones are one way in which drugs are smuggled into our prisons, but we are looking at all possible ways. For example, paper is sometimes impregnated with new psychoactive substances, which makes them very difficult to detect. The way to tackle the supply is to get intelligence not just from each establishment but from different parts of the Prison Service so that we can respond appropriately. We are investing heavily in doing so to combat the drugs problem in our prisons.

Prison and Youth Custody Centre Safety

Wendy Morton Excerpts

Wednesday 19th July 2017 Commons Chamber

[Dr Lee]

I think the right hon. Gentleman is referring to the secure schools. We are committed to opening one in September 2019. There is a possibility that it could be earlier, but it depends on finding the appropriate site; as Members can imagine, these sites have to be secure. We are working extremely hard and are in negotiations with various agencies. The Mayor’s Office for Policing and Crime is particularly interested in assisting us on this. When we know about the locations, we can be a bit clearer about the delivery date.

On the wider question, which I think is about the state of the youth justice system, he can probably tell that I think we need to move towards a different system of how we lock up young people. Sadly, we recognise that some young people will need to be locked up—we have a very small uptick in some serious sexual crimes at the moment—but the environment, the staffing and the manner in which we do so must change. This report confirms what we already knew, and my intention is to work hard to bring forward a plan so that in the future—in the next 10 years—we can get to a situation in which our young people are not only safe and secure, but properly rehabilitated.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I welcome the additional £2 million that this Government have invested in providing handheld mobile detectors and portable detection poles to every prison to root out the mobile phones that facilitate so many problems. Does my hon. Friend agree that we need to continue monitoring this issue and to consider what more can be done in this area?

[Dr Lee]

Yes. We have made some real progress; we are stopping thousands of mobile phones getting into our prisons. We are working extremely hard to stop the use of drones and to block the use of mobile phone signals over prisons. Things are not perfect; we have not finished this work, but we are continuing to press hard, because it would be fantastic to have a mobile phone and drone-free prison network.

Oral Answers to Questions

Wendy Morton Excerpts

Tuesday 7th March 2017 Commons Chamber

[Elizabeth Truss]

I am afraid that there were two factual errors in the hon. Lady’s question. First, the prison population is exactly the same as it was in 2010—it has not gone up. Secondly, we are recruiting people at a record rate and have a record number of officers in training.

[Wendy Morton (Aldridge-Brownhills) (Con)]

10. What progress the Government have made on modernising the court system.

[The Minister for Courts and Justice (Sir Oliver Heald)]

We are investing £1 billion to reform and take paper out of our courts, and the Prisons and Courts Bill underpins those reforms.

[Wendy Morton]

The Prisons and Courts Bill clearly underpins the Government’s vision to modernise our court system, but I am particularly interested in the measures to allow victims and vulnerable witnesses to avoid the risk of coming face to face with their assailant. Will my right hon. and learned Friend update me, please?

[Sir Oliver Heald]

We will obviously have physical measures, such as the use of screens in courts, but we also intend to maximise the use of video links in criminal court proceedings, to roll out pre-recorded evidence and to make greater use of prison-to-court video links. The Bill also helps to protect vulnerable witnesses in family cases by banning cross-examination by perpetrators in certain circumstances, including where there has been domestic abuse.

Prison Officers Association: Protest Action

Wendy Morton Excerpts

Tuesday 15th November 2016 Commons Chamber

[Elizabeth Truss]

I have had many discussions with prison officers across the prison estate, and I agree that there are issues with safety, which I am seeking to address. I want the job of prison officer to be highly respected, as it is a very important role in our society. What I am saying today is that we have been having discussions with the Prison Officers Association, and that it has failed to respond to the offer that has been put on the table and, instead, called unlawful industrial action. It is very, very poor indeed that the Opposition refuse to condemn unlawful industrial action, because that is what we are talking about.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I was particularly interested to hear the Secretary of State’s comments about the measures to tackle psychoactive substances. Does she agree that the rise in psychoactive substance use in our prisons has been a contributory factor in the increased levels of violence that we are seeing today?

[Elizabeth Truss]

My hon. Friend is absolutely right that psychoactive substances have played a large part in the violence issues, which is why it was so important that we rolled out those drugs tests over the past month or so and that we have trained dogs to detect those substances. We have also seen a rise in the use of mobile phones and drones, which poses a new security threat. Again, we are dealing with that.

Oral Answers to Questions

Wendy Morton Excerpts

Tuesday 6th September 2016 Commons Chamber

[The Minister for Courts and Justice (Sir Oliver Heald)]

May I start by welcoming the Justice Committee’s report on court and tribunal fees? We are intending to respond, and we are also going to publish the review of changes to employment tribunal fees in due course. This is an important area and we will do that.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T6. I want to ask the new Secretary of State about the treatment of women giving birth in prisons and those with young children, and whether she will do more to ensure children have access to their mothers and, where appropriate, their fathers, and can be as near to them as possible.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

One hundred babies resided in mother and baby units in English prisons in 2015. Prisons do an excellent job in making these environments as pleasant as possible and babies are able to spend time away from the prison with nominated carers. However, knowing the importance of the early years for child development, it is essential that we consider alternative ways of dealing with female offenders, including those with young children and babies and other caring responsibilities.

Oral Answers to Questions

Wendy Morton Excerpts

Tuesday 14th June 2016 Commons Chamber

[Michael Gove]

There is evidence that some short sentences do not have the rehabilitative effect that we all want to see. We want to ensure that all those who are sent into custody by the courts—and we respect their right to decide what sentence is appropriate for a crime —receive the support that they need in order not to offend again.

[Wendy Morton (Aldridge-Brownhills) (Con)]

2. What steps his Department is taking to improve education in prisons.

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[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We want prisons to be places of rigorous education and high ambition. Dame Sally Coates’s review “Unlocking potential” was published last month, and we have accepted all its recommendations in principle. We will be giving control of education budgets to prison governors, so that they can choose their education providers and hold them to account for the service that they give.

[Wendy Morton]

I am grateful to the Minister for his answer. Does he agree that since 99% of criminals will eventually be released from prison, we can only cut crime and improve public safety if we better rehabilitate offenders in prison?

[Andrew Selous]

My hon. Friend is absolutely right. We want an unremitting emphasis on rehabilitation. Reoffending has been too high for too long. That is why we are investing £1.3 billion over the next five years to transform the prison estate and give prisoners the help they need to turn their lives around.

Oral Answers to Questions

Wendy Morton Excerpts

Tuesday 26th January 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I do not have the detailed information that the hon. Lady has asked for, but if she will allow me, I will write to her with the details.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T8. My hon. Friend is aware of the serious problems associated with radicalisation in our prisons. Can he update the House on what steps are being taken to tackle it?

[Andrew Selous]

I understand my hon. Friend’s proper interest in this subject. As the threat evolves, we evolve our response. I can tell her that we are strengthening the training for new prison officers to ensure that they are able to tackle criminal activity in whatever form it takes within prisons. As the Secretary of State said earlier, he has asked the Department to review its approach to dealing with Islamist extremism in prisons, and we await that report shortly.

Oral Answers to Questions

Wendy Morton Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Michael Gove]

The hon. Lady makes an important point, but it is vital that we look at sentencing in the round to make sure that we make balanced judgments. One of the problems we have sometimes had in the past is that new offences have been created and new sentencing frameworks have been laid down that have led to confusion rather than clarity, and we want to ensure we have swift and certain justice.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T2. What safeguards and guidelines are in place for the probation service regarding the category of residents at approved premises or bail hostels that are located within residential areas and within one mile of a school?