Police, Crime, Sentencing and Court Bill

Rosie Winterton Excerpts

Report stage
Monday 5th July 2021 Commons Chamber

On Wednesday this week, from 1 pm to 3 pm, people from Travelling communities will be across the road. They are inviting hon. Members to say hello, and to hear more about their lives, their lifestyles and their fears about how much more difficult their already difficult lives will be when this Bill passes. I urge Members on both sides of the House to take them up on that invitation. I will be there, but the irony is not lost on me that if this Bill passes unamended, not only will they face losing their homes for a minor infringement of the law because of part 4, but they will never again be able to protest against that by demonstrating across the road, because of part 3.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I know that Mr Speaker has urged right hon. and hon. Members to take between three and a maximum of four minutes, so I shall just re-emphasise that.

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[Philip Davies]

I am not going to give way, because so many people want to speak and there is not much time. I hope the right hon. Lady will forgive me.

New clause 90 is much better, and I hope hon. Members will support it. I will support new clause 31 as well, but new clause 90 is much better. These workers deserve our support. They have done so much for us over recent years. Surely the least that they can expect—the least that they can expect—from this House is for them to see that we are on their side, respect the job they have done and understand the terrible abuse they get, often, as I say, for very little reward, at the hands of their customers. We should be there to protect them.

This will just give the Crown Prosecution Service and the police an extra tool in their armoury to make sure that those who assault frontline workers and shop workers are brought to justice and to make sure that those shop workers and frontline workers get the justice they deserve. This House should be on their side, and I very much hope the Government, at this late stage, will reflect on this and accept new clause 90. It only uses the same wording as the Sentencing Council uses when it considers whether this should be an aggravating factor. It is well-used terminology to describe people who are providing a service to the public, including shop workers. This is a really important moment for the Government, and I hope that they will show they are on the side of our shop workers and frontline workers to whom we owe so much, particularly over the last 15 months.

[Madam Deputy Speaker (Dame Rosie Winterton)]

As we will have to suspend the debate for the statement at 5 o’clock, after the next speaker I am going to put on a time limit of four minutes just to help guide colleagues.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Because of the time available, I am going to speak to the amendments tabled in my name. First, I will focus on new clauses 26 and 27, which would encourage the public to report all cases of sexual offending, including low-level or non-contact sexual offending, and amendments 20 to 24, which would put in place early interventions for referrals to treatment services to stop sexual offending escalating. There is a great deal of evidence that those who commit low-level or non-contact sexual offences will take more risks if not stopped, and move to increasingly violent sexual crimes.

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[Bell Ribeiro-Addy]

Let me highlight the amendments and new clauses that I seek to support, including those on the right to protest in the names of the right hon. Member for Orkney and Shetland (Mr Carmichael) and my hon. Friend the Member for Coventry South (Zarah Sultana). I support those amendments that seek to stand up against the discrimination and persecution of the Gypsy, Roma and Traveller communities, particularly those tabled by my hon. Friends the Members for Liverpool, West Derby (Ian Byrne) and for City of Durham (Mary Kelly Foy), and those that challenge wider inequalities in the criminal justice system, from class to age, race, sexuality, disability and gender, including the new clause tabled by my hon. Friend the Member for Leicester East (Claudia Webbe). I oppose the introduction of secure academies for 16 to 19-year-olds, which is essentially the expansion of child prisons, as reflected in the new clause tabled by my hon. Friend the Member for Poplar and Limehouse (Apsana Begum). I will also support any other amendment or new clause that seeks to remove or address the sinister nature of the Bill.

We can be under no illusion—this is yet another authoritarian clampdown on our civil liberties. The right to peaceful assembly and protest is a fundamental principle of any democracy, and the rich tradition of dissent in this country shows us that such actions can change the course of history. They are the reason that someone of my race, class and gender has the rights I have, and why I can stand here as a Member of this House. We must not forget that the struggles and protests being demonised by this Bill are seen as the milestones of progress in our society. The suffrage movement, for example, faced considerable state repression and police brutality.

My new clauses 56 and 57 call respectively for a review of stop-and-search powers and for a public inquiry into how the criminal justice system affects black, Asian and minority ethnic people. BAME people are more than nine times as likely to be stopped and searched by police, yet this Government think that it is okay just to plough ahead, exacerbating the situation further. Just last week, the United Nations released a report analysing racial justice in the aftermath of the death of George Floyd and called on member states, including the UK, to end impunity for police officers who violate the human rights of black people. A 2019 report by the Women and Equalities Committee recognised that Gypsy, Roma and Traveller communities are one of the most persecuted groups in Europe, yet the Government seek literally to persecute them further through the Bill.

We need a full public inquiry into the disproportionality that exists at every single level and junction of the criminal justice system. High prosecution rates, higher custody rates, longer-than-average custodial sentences, disproportionate representation in the prison system and deaths in custody—this is what under-represented communities have come to expect. We need answers, and then we need justice in order to move forward.

The Black Lives Matter movement and the protests that sprang from it sought to challenge these injustices—and what was the Government’s response to national calls to end institutional racism? It was to commission a report that said there was no institutional racism, and to introduce a policing Bill that will only further criminalise and brutalise these communities. If the Government were actually listening to what the BLM protesters said, they would not be bringing in a Bill like this.

Why not follow the example of the England football team, who have inspired us during Euro 2020 not only with their football prowess, but with their collective and principled bravery in taking the knee, representing the very best of us and our communities? To quote Gareth Southgate, it is about a

“duty to continue to interact with the public on matters such as equality, inclusivity and racial injustice, while using the power of their voices to help put debates on the table, raise awareness and educate”.

He is a football manager—he does not work for this House, but he does much better than we do, day to day.

I know with all my heart that I am on the right side of history. I urge hon. Members to stand with me and stop the criminalisation of black, Asian and minority ethnic communities, of Gypsy, Roma and Traveller communities and of every single under-represented group that will be destroyed by legislation such as this.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Could the last two speakers stick to four minutes?

[Danny Kruger (Devizes) (Con)]

Thank you, Madam Deputy Speaker. I will speak quickly about new clauses 42 and 55, which concern the regulation of abortion.

New clause 42, tabled by the hon. Member for Ealing Central and Acton (Dr Huq), proposes the creation of censorship zones around abortion clinics. The intention behind it is to stop the harassment of women seeking abortion.

We already have laws against harassment which can be, and are, applied. We also already have public order laws that allow councils to impose restrictions regarding specific clinics that are experiencing any real public order difficulties, so the activity that the new clause proposes to criminalise is peaceful, passive, non-obstructive activity—less disruptive than the sort of protests that Opposition Members are so busy trying to defend today. I recognise the good faith behind the new clause, but in practice it is an attempt to criminalise the expression of an opinion. I cite the campaigner Peter Tatchell, who said today that it is an

“unjustifiable restriction on the right to free expression.”

I urge the House to vote it down.

New clause 55, tabled by the right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), would not criminalise anything; it would decriminalise something, namely abortion itself up to term. It would effectively legalise abortion on demand up to birth. She is keen that we pay attention to the text of her new clause, so I shall quote from it:

“No offence is committed…by…a woman who terminates her own pregnancy or who assists in or consents to such termination”.

The effect would be to legalise or to decriminalise abortion up to birth.

I am not arguing that the new clause is an attempt to deregulate abortion, although I believe that that might be the effect; my objection is to the principle. It says a very, very terrible thing about the value that we place on an unborn life if we simply say that it should be determined by whether or not the mother would like to keep it—by whether that baby is wanted or not. Let us think of that in terms of other lives—a newborn child, a disabled person or a vulnerable elderly person: when their family is unable to look after them, the community and the state step in. We should apply that principle in the case of a child in the womb, especially one that is still viable and could live outside the womb. I urge the House not to support new clause 55.

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[Madam Deputy Speaker (Dame Rosie Winterton)]

I am sorry, but I will have to ask the right hon. Gentleman to take 30 seconds.

[Mr Carmichael]

And 30 seconds, because of the nature of the programme motion that the House has passed, is inadequate, so I am afraid I will pass the hon. Gentleman up on that. There might be some future point at which we can return to it. That shows the inadequacy of the way the Government are dealing with this. In the absence of any amendable propositions, I urge the House simply to take these provisions out of the Bill.

Debate interrupted.

[Madam Deputy Speaker]

I am going to suspend the House for one minute. After the statement, there will be a three-minute limit on speeches.

Criminal Justice Review: Response to Rape

Rosie Winterton Excerpts

Tuesday 25th May 2021 Commons Chamber

[Kit Malthouse]

My hon. Friend is absolutely right that trust in the police, the prosecution service and the courts is critical to building the confidence and legitimacy on which our law-enforcement system rests. Having been involved in the development of the plan, I hope and believe that it will do two things: first, address that particular issue in what is a complex environment; and secondly, bring justice for individual victims, absent the general confidence that we should all try to instil in the system.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Safe Streets for All

Rosie Winterton Excerpts

Monday 17th May 2021 Commons Chamber

[Imran Ahmad Khan (Wakefield) (Con) [V]]

This Queen’s Speech is unique in the aims and objectives that it seeks to achieve and the challenges that it faces. Covid-19 has demonstrated the need for a strong and flexible police force that not only seeks to make our streets safer but supports local communities and the most vulnerable. I welcome this Queen’s Speech, which assists in ensuring that our police are better equipped to achieve both those objectives.

The Police, Crime, Sentencing and Courts Bill is a vital vehicle through which those ambitions will be realised. It will overhaul our justice system to ensure that our police and courts have the tools and resources necessary to tackle the most heinous of crimes. Extending whole-life orders for the premeditated murder of a child is but one example of a tougher stance when it comes to sentencing those who commit the most appalling crimes.

New legislation will also be brought forward to further support victims and provide the tools necessary to tackle cyber-crime and prevent online harms. A draft victims Bill will be introduced to strengthen the rights of victims through the establishment of the new victims code. The draft online safety Bill will protect internet users, especially children, and ensure that companies are responsible for their users’ safety online.

This array of legislation will ensure that punishments for crimes are proportionate and representative of their severity. It will ensure that victims of crime are properly supported and that individuals are protected in their communities and online while our inalienable rights are defended.

Alongside new legislation, additional funding has been made available to ensure that sufficient officers are recruited. Police funding has increased by £636 million this year, meaning that total police funding is up to £15.8 billion for the financial year 2021-22. That means that West Yorkshire police, which is proudly headquartered here in Wakefield, will receive £511.9 million this financial year, compared with £484.5 million last year. I welcome that increased budget and look forward to more officers being recruited to patrol the streets of Wakefield.

In conclusion, while I welcome the introduction of the Nightingale courts to deal with the backlog of cases, and the modernisation of courts to deliver swifter justice, more must be done to ensure that people have permanent access to justice regardless of where they live. Wakefield is the largest city in the country without a magistrates court inside its boundary, meaning that my constituents are forced to travel out of the city to access justice. I applaud the Home Secretary and her—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Gentleman has run over time.

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[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

It is now more than 40 years since the first reclaim the night protest in Leeds in 1977, when women marched in response to being told to stay at home because of the Yorkshire ripper’s murders. Little has changed in who we focus our attention on when men commit such heinous crimes. With the tragic death of Sarah Everard just a few months ago, women were again told to stay at home for their safety. The focus remains on what women should do to protect themselves, rather than on men and their criminal actions and behaviours.

Street harassment, verbal or physical, against all women is at an epidemic level. In 2018, Plan International UK found that 66% of women had experienced unwanted attention or sexual harassment in a public place. Those figures increase for trans men and minority genders, who are twice as likely to be victims of a violent crime as cis people, according to the Office for National Statistics. The focus for too long has shifted attention away from men. We must ask why men are harassing, abusing and being violent towards women and girls.

Violence against women is a social problem that is indelibly rooted in masculinity. Reshaping masculinity at a young age through education is an obvious approach to reducing aggressive, violent forms of masculinity that are inextricably linked to violence against women. There is disappointingly little evidence of attempts to do this, beyond a number of programmes in the United States. One of the more successful of those is the Boys To Men youth programme, which claims to empower all people to notice and intervene in potentially harmful situations before they become violent. The importance of early educational interventions to prevent untreated minor harassment from progressing to more serious harassment or physical violence is clear. A further US study showed

“a developmental pathway via the adolescents’ development of antisocial behaviour”

to male-to-female personal violence perpetration.

Nearly 45 years after the first reclaim the night protest, and just months after the death of Sarah Everard, it is clear that women continue to feel unsafe on our streets. Radical action is needed and it is needed now. We must tackle the root cause of this harassment and violence on the streets. For preventive action, we must develop legislation that makes misogyny a criminal offence, and increase our awareness of and improve education about aggressive masculinities. In short, we must take action to change men’s behaviour and actions, and not simply focus on what women need to do to keep themselves safe.

[Madam Deputy Speaker (Dame Rosie Winterton)]

A number of people have withdrawn from this debate, so, unusually, I am going to increase the time limit to four minutes. I know that normally the time gets shorter for people at the end, but on this occasion there will be a little longer for them.

Domestic Abuse Bill

Rosie Winterton Excerpts

Consideration of Lords amendments
Monday 26th April 2021 Commons Chamber

Consideration of Lords message

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendment 41B. If any Lords amendment engaging financial privilege is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

Clause 55

Annual reports

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

I beg to move, That this House disagrees with Lords amendment 9B.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to consider the following:

Government amendments (a) to (c) in lieu.

Lords amendments 40B and 40C, Government motion to disagree, and Government amendments (a) to (g) in lieu.

Lords amendment 41B, and Government motion to disagree.

Lords amendments 42D, 42E and 42F, Government motion to disagree, and Government amendments (d) to (f) in lieu.

[Victoria Atkins]

I thank right hon. and hon. Members of this House and noble Lords who have worked tirelessly to make this a truly transformational Bill. It will make a significant difference to the lives of many women, men and children by better protecting them from their abusers and providing them with the support they so very much need. However, before the Bill can have any impact, we need to pass it, and we are fast running out of road to get us to that point. In the course of our deliberations, we should all be clear, therefore, about the risk of the Bill being timed out this week. None of us wants that—I hope I can take that as read. In the collegiate spirit of many of the debates on the Bill, we reflected carefully on the debates that took place in the Lords last Wednesday and we have tabled further amendments in the hope, and indeed expectation, that both Houses can now agree to submit this landmark Bill to Her Majesty for Royal Assent.

On child contact centres, there is no dispute that they need to be subject to appropriate regulation. It remains our contention that, on the evidence currently available, that is already achieved through accreditation by the National Association of Child Contact Centres, the agreements in place between the NACCC, the Children and Family Court Advisory and Support Service and the judiciary, and the comprehensive statutory provisions already in place that determine how local authorities should discharge their duties in public law family cases.

We listened carefully to the debate last week and recognise that there is an issue that needs to be examined further, but we cannot legislate on the basis of anecdotal—albeit pertinent—evidence. That is why the Government tabled Amendments 9C and 9D, which will require the Secretary of State to prepare and publish a report about the extent to which individuals, when they are using contact centres in England, are protected from the risk of domestic abuse or, in the case of children, other harm. The report will need to be laid before Parliament within two years of Royal Assent. We will engage closely with the NACCC and others in carrying out the work, which will provide a firm evidence base on which to introduce further regulation, including in the area of vetting, should that be necessary.

I turn to Lords amendments 40B and 40C. We remain concerned that the revised Lords amendments regarding data firewalls still pre-empt the outcome of the review recommended by the independent policing inspectorate in response to the super-complaint. We need to undertake that review without any preconceptions as to its outcome. To provide further reassurance on that point, Government amendments 40D to 40J introduce two new clauses. The first new clause will put the review of the current data-sharing arrangements on to a statutory footing and enshrine in law our commitment to report on the outcome of the review by the end of June. The second new clause will provide for a statutory code of practice relating to the processing of domestic abuse data for immigration purposes. Persons to whom the code is issued—notably the police and Home Office immigration staff—will be under a duty to have regard to the code, which will also be subject to parliamentary scrutiny. Although the clause is framed in terms of a permissive power to issue a code, I assure the House that we fully intend to exercise that power.

On Lords amendment 41B, I welcome the fact that this revised amendment attempts to separate the issue of leave to remain from the provision of support for migrant victims of domestic abuse. As I previously indicated, we need to focus on ensuring that victims with insecure immigration status can access the support they need. That is the priority. Unfortunately, despite the best intentions, the amendment would not achieve the outcome it seeks. The question of leave to remain is inextricably linked to the conditions attached to that leave, so it is impossible to waive the “no recourse to public funds” condition in isolation from consideration being given to a person’s immigration status.

As I announced last week, we have now appointed Southall Black Sisters to oversee the support for migrant victims scheme. The scheme will provide access to safe accommodation and the associated support to migrant victims of domestic abuse who are not eligible for the destitute domestic violence concession or other existing support mechanisms. The scheme will be independently evaluated, and will provide us with the necessary evidence of the gap in current support arrangements, so that we can put in place sustainable long-term provision. That is the direction of travel we are on. Since the scheme will provide support to victims, Lords amendment 41B is not necessary, and waiving the no recourse to public funds condition for a full year will again have significant new resource implications. The support for migrant victims scheme will be up and running shortly. We should see it through to its proper conclusion and settle on a sustainable programme of support.

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[Victoria Atkins]

The flexibility of category 3 means that that is already possible, if there has been a conviction. I gave the example on 15 April of criminal damage, such as if somebody kicks down a door. On the face of it, a criminal damage offence would not fit into category 1 or category 2. That is where the professional curiosity of professionals on the ground—police, probation and prison officers and so on—comes in. If someone has been convicted of that offence, he or she may not be in category 1 or category 2, but if those professionals believe that it is part of a pattern of past behaviour, on which Baroness Royall has rightly focused, that is how they will be put on to the system under MAPPA. We very much want the concerns that have been raised to be reflected in the guidance as well as the national framework.

I have already announced that we need to be sure that action is taken when there are indicators of escalating harm for those who are managed under the least intensive level of MAPPA—so, level 1. To that end, Her Majesty’s Prison and Probation Service will issue a new policy framework setting out clear expectations for the management of all cases at MAPPA level 1 by the National Probation Service. This includes domestic abuse perpetrators. That will further help improve the quality of information sharing, the consistency and regularity of reviews, and the identification of cases where risk is increasing and additional risk management activity is required.

Thirdly, as I announced on 15 April, we are bringing in the new multi-agency public protection system, or MAPPS, which will be piloted from next year. All category 3 offenders will be on MAPPS, which will have much greater functionality than the violent offender and sex offender register, or ViSOR, which is the existing database. That will enable criminal justice agencies to share information in real time and improve their risk assessments and the management of MAPPA nominals, including domestic abuse perpetrators.

Fourthly, we are legislating in the Police, Crime, Sentencing and Courts Bill to clarify the information sharing powers under MAPPA. For example, GPs and domestic abuse charities can very much be part of that data sharing. That is the intention of the clauses in the Bill, and I hope we will be able to persuade Opposition Members to support us on that.

Fifthly, we are committed to bringing forward a new statutory domestic abuse perpetrator strategy as part of our holistic domestic abuse strategy to be published later this year. Our revised amendment makes it clear that the strategy will address the risks associated with stalking. We will also include a perpetrator strand in our complementary violence against women and girls strategy, which will cover stalking that does not take place in a domestic abuse context.

Sixthly, we are investing new resources, with an additional £25 million committed this year, to tackle perpetrators’ behaviour and to stop the cycle of abuse. Finally, more broadly, I can assure right hon. and hon. Members that this Government are committed to supporting vulnerable victims. Having published a new victims code to guarantee victims’ rights and the level of support they can expect, we will consult over the summer on the victims’ law, which will enshrine those rights in law.

The other place has asked the Government to consider again these four issues. We will do so in the next hour. We have listened carefully to their lordships’ concerns and responded with a substantial new package of commitments, both to strengthen this groundbreaking Bill and to further our wider programme to protect and support victims of domestic abuse and their children and bring perpetrators to justice. It is time for the Bill to be enacted and implemented, for the sake of the 2.3 million adults and their children who are victims of domestic abuse each year. Let us agree to the Government amendments in lieu, let us pass this Bill, and let us help victims.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Jess Phillips.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I thank the Minister for running through the amendments in lieu. I am sure she will not be surprised to hear that the Labour party remains in agreement with the Lords amendments. I will also run through some of the amendments in lieu and ask some questions. My right hon. Friend the Member for Castleford, Normanton and Pontefract—sorry, Normanton, Pontefract and Castleford (Yvette Cooper); I went in alphabetical order—has rightly pointed out some of our concerns, although I recognise and want to place on the record our thanks for the constant work that is going on between our two Houses trying to settle this once and for all.

On the Government amendment in lieu on child contact centres, the Minister mentioned the NACCC as one of the safeguards already in place, but in fact it is that very organisation that seeks to make the provision more robust. I am sure she received the message today from Sir James Munby, the former head of family justice in this country, who says that the Government’s reservation to support Baroness Finlay’s amendment, which was drafted in partnership with the NACCC, would be a missed opportunity to address an anomaly in safeguarding children and improving standards in general. Specifically regarding domestic abuse, Sir James urges Members of this House to back the amendment in this afternoon’s—it was wishful thinking on his part that we would have got to this in the afternoon—consideration of Lords messages, to ensure that standards in child contact centres and services are consistent and high, and that domestic abuse and safeguarding is appropriately handled through high-quality staff training.

I welcome the review offered as an evidence-gathering measure. Although the Minister might say that there is not necessarily such evidence, I have certainly heard about case after case where there was poor practice, including bad handovers and perpetrators able to access victims. That is really problematic, so we will continue to support their lordships.

I am also grateful for the review offered on the firewall. I feel like I have to say that, but I really am grateful for that review, which has been greeted with some cheer in the sector. However, I seek some clarification specifically on the code. Under part 2, it states that the code must be kept under review, but it is not clear by whom. It also says that the code may be revised or replaced, but again, by whom? Can we ensure that at every single stage, there is buy-in by services for the very victims we are talking about and that they are consulted throughout the process? I also seek an assurance that the whole point of the code is explicitly to ensure that data can be shared only to enable victims to receive protection and safety. I will share with the House why that matters. For example, in a case in my constituency, a woman was applying for leave to remain and going through the process. She had been here on a spousal visa. Her husband threatened to kill her. When she called the police, she was taken to Yarl’s Wood detention centre, where I had to go and get her out. She came forward to the police because there was a threat on her life, and that information was used to put her in detention. She is now legally in this country with indefinite leave to remain. That is why there is a need for a code.

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The peers of the realm will no doubt send the Bill back to us. I only brought enough clothes for one day in London and fear I am going to be here for four days. However—[Interruption.] The Minister says from a sedentary position that that is not fair, but she will agree that we are all seeking the best outcome. My remarks and the way we will vote are about only that: getting the best outcome for victims of violence, abuse and stalking in this country.

[Madam Deputy Speaker (Dame Rosie Winterton)]

This is a very short debate and I want to bring in the Minister by five past 10 at the latest, to give her four minutes to wind up. That means speeches need to be four minutes each.

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[Madam Deputy Speaker (Dame Rosie Winterton)]

I am going to move to the SNP’s spokesperson, and I am sure colleagues will know that I cannot put a time limit on him, but after that I will put on a time limit of four minutes, because otherwise we simply will not get everybody in.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

I want to speak briefly in relation to the amendments on data sharing for immigration purposes tabled by Baroness Meacher, which are Lords amendments 40B and 40C, as well as the Lord Bishop of Gloucester’s amendment on the domestic violence rule and concession, which is Lords amendment 41B.

On the former, it is good to see that the Government have at least come to the negotiating table with their own amendments in lieu. However, our view is that the other place has sent us what is already a very reasonable compromise, which would mean awaiting the outcome of the review of data processing, as insisted on by the Government, before action is then required in response.

In contrast, the Government alternatives have several problems. First, unlike the Lords amendments, they create for the Government, as we have heard, the power to act, but not an obligation, and also unlike the Lords amendments, that power is not granted for the specific purpose of achieving any specific aim, such as protecting victims of domestic violence. Secondly, Parliament would not be able to amend any code, albeit that either House could reject one. However, if either House did reject a code because it had concerns, the Government could simply then walk away, as there is no requirement to lay a new code that addresses any such concerns.

In short, the danger is that the amendments in lieu could lead to inaction and leave us no further forward. The Minister has sought to assure us that the Government are going to take action informed by the review, and that is welcome, but having given that assurance, the question then is: why are Lords amendments 40B and 40C a problem at all?

Finally on data sharing in relation to the consultation, if any such code is being drawn up that will apply in Scotland—and similar issues may arise for Northern Ireland—it would surely be really important to consult Police Scotland, Scottish Ministers and relevant stakeholders there, given the devolution of criminal justice issues. There is no express requirement for this in the amendments in lieu, so can the Minister give a firm commitment that such consultation would be considered appropriate in advance of issuing any such code?

Turning to the Lords amendment on the domestic violence concession and rule, it is disheartening that the Government have not yet even come to the negotiating table on this one. Instead of offering an amendment in lieu, they are sticking to outright rejection, justified by something I think has really been a moving feast of excuses. A pilot scheme is not even a comprehensive temporary solution, never mind a comprehensive and permanent resolution of the urgent problems that have been highlighted in debate after debate.

The Lord Bishop of Gloucester set out exactly why the pilot, though welcome, is not enough in itself. It is restricted in the numbers it can provide for, restricted in the time it can support people for and restricted in its ability to provide holistic wraparound support, even for the limited numbers who access it. While the Government may hope that the pilot scheme ultimately leads them to find the best solution, it is not acceptable to do nothing else in the meantime. Indeed, if the Government are confident about the scope and reach of the pilot, they should have nothing to fear from this amendment. All the new amendment asks for is a safety net, just for the duration of the Government’s pilot scheme, for those who cannot access that scheme. It is a safety net designed to complement, not undermine the pilot scheme, and surely the Government must now come to the negotiating table to discuss how we can make this work.

Again, this is about where our priorities lie—reserving immigration powers or protecting victims of domestic abuse. Of course, it must be protecting the victims, and that is why we should support amendment 41B.

[Madam Deputy Speaker]

We now go to Stella Creasy, and the four-minute time limit starts.

[Stella Creasy (Walthamstow) (Lab/Co-op) [V]]

I recognise the progress that has been made on these issues through the process with the other House. But as somebody who has been in the House for 11 years seeking to amend legislation to effect change, I gently say to the Minister that every Minister has told us that a Bill is at threat because of the parliamentary process and every Bill seeks to be a landmark Bill, so we are asking her to go the extra mile on these final issues in this Domestic Abuse Bill. In my short contribution, I want to look at the counterfactual: what happens if we do not include these amendments?

Will the Minister tell us the conditions under which she would want somebody’s immigration status to be a factor in whether they can access help? Like others, I welcome the pilot scheme, but, like the bishops, I am concerned that it can run out and we will be back at square one, where women are frightened to come forward, or are pushed back into the hands of perpetrators because of their immigration status. We will therefore not meet our conditions under the Council of Europe requirements for the Istanbul convention, and we will see women living with their perpetrators as a direct result of our failure to include them in this legislation.

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Committee to withdraw immediately; reasons to be reported and communicated to the Lords.

[Madam Deputy Speaker (Dame Rosie Winterton)]

In order to observe social distancing, the Reasons Committee will meet in Committee Room 12.

Business of the House

Motion made, and Question put forthwith (Standing Order No. 15),

That, at this day’s sitting, proceedings on the Motion in the name of Mr Jacob Rees-Mogg relating to Business of the House (Today) may be proceeded with, though opposed, until any hour, and Standing Order No. 41A (Deferred divisions) shall not apply.—(Michael Tomlinson.)

Question agreed to.

National Security and Investment Bill (Programme) (No. 2)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the National Security and Investment Bill for the purpose of supplementing the Order of 17 November 2020 (National Security and Investment Bill (Programme)):

Consideration of Lords Amendments

(1) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion two hours after their commencement.

Subsequent stages

(2) Any further Message from the Lords may be considered forthwith without any Question being put.

(3) The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Michael Tomlinson.)

Question agreed to.

Domestic Abuse Bill

Rosie Winterton Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Victoria Atkins]

I am happy to help the hon. Lady. As I said in my opening remarks, the President of the Family Division has indicated that he will consider making recommendations regarding training, taking into account this Bill, the harm panel report, which, as she knows, is critical to the Ministry of Justice’s concerns in this area and the four recent Court of Appeal judgments in domestic abuse cases. I would argue that there is a real understanding among our independent judiciary of the need to make sure that they are equipped to ensure that justice is delivered—and delivered well—in the courtrooms over which they preside.

In summing up, let me reflect on the course of the Bill. Progress on the Bill has been characterised by a determination on both sides of the House to work constructively and collegiately. At every stage, we have endeavoured to focus on what can be done to help victims of domestic abuse and to ensure that the abuse can stop. As my right hon. Friend the Member for Basingstoke put it, these are not our issues—these are not party political issues—but the issues of our constituents who are victims and of their children, and I know that each and every one of us has had that very much in mind in all our deliberations on the Bill.

I therefore commend the Bill and the amendments that the Government support to the House. I very much hope that we will be able to make real and meaningful progress and pass the Bill, so that we can get on with the job of helping the victims we all feel so strongly about.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I put the Question, just a reminder that, should there be more than one Division, the doors will be locked after eight minutes in the first Division and, after that, after five minutes.

Question put, That this House disagrees with Lords amendment 1.

--- Later in debate ---

Committee to withdraw immediately; reasons to be reported and communicated to the Lords.

[Madam Deputy Speaker (Dame Rosie Winterton)]

In order to observe social distancing, the Reasons Committee will meet in Committee Room 12.

Police, Crime, Sentencing and Courts Bill

Rosie Winterton Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

Second Reading

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the Home Secretary, I want to remind the House of what was said earlier regarding the Sarah Everard case. Charges have now been brought in that case. The sub judice resolution does not apply formally when the House is legislating. However, I would urge all Members to exercise caution and not say anything about the detail of the case or the identity of those against whom charges have been brought that might affect any subsequent court case.

--- Later in debate ---

[Priti Patel]

It is absolutely right that we look at every single measure and approach to ensure that victims of rape receive justice. As the hon. Gentleman will know, the rape review is taking place and will soon be published.

We want to improve accessibility to our justice system for people with disabilities. Reasonable adjustments can be made for most people with disabilities to enable them to complete jury service. However, the law has to date prevented deaf people who require the services of a sign language interpreter from having an interpreter in a jury deliberation room with them. We are changing that to ensure that all deaf individuals are able to serve as jurors unless the circumstances of a particular case mean that it would not be in the interests of justice for them to do so.

As I said at the beginning, this Government were elected on a clear manifesto commitment to keep our country safe. That is what the British people rightly expect, and that is what this Bill will deliver, by supporting the police, by preventing and cutting crime and by restoring confidence in the criminal justice system, because giving people the security they need to live their lives as they choose is an essential part of our freedom. As we emerge from the coronavirus pandemic, we will build back safer and increase the safety and security of our citizens. This Bill will enable us to do exactly that, and I commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I should inform Members that we will start with a time limit of five minutes, but it will go down very quickly to three minutes.

Policing and Prevention of Violence against Women

Rosie Winterton Excerpts

Monday 15th March 2021 Commons Chamber

[Priti Patel]

With respect to the right hon. Lady, I urge her not to be so judgmental with regards to the events on Saturday evening until we see the report that comes from Her Majesty’s inspectorate of constabulary. She will have plenty of opportunity to discuss protest and police powers during the passage of the Bill, but I would like to say this: in recent years, we have seen a significant change in protest tactics, which has led to disruption and also to violence and people’s lives being endangered. I look forward to the debate with her on this particular point later on, but she is absolutely wrong in her characterisation of the measures we are introducing.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the next speaker, I just say that I am very keen to ensure we get everybody in during this important statement. I ask colleagues to be fairly brief with their questions and their answers as well.

--- Later in debate ---

[Priti Patel]

I thank my right hon. Friend for her points, and obviously the importance and significance of the VAWG consultation and the fact that that has been reopened. Let me give her an assurance that the crime and justice taskforce is not a male show at all. I am obviously a part of that, as is the safeguarding Minister. There are many other agencies and parties involved, including the first female Metropolitan police commissioner, so there are a range of voices. Again, I urge people not to be too judgmental and assume that all the work that takes place in government is just by men, because it is not.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Again, just a reminder to colleagues that we need to be quite brief in our questions if we are going to be able to get everybody in, which I want to do. I am sure the way will be led by Kim Johnson.

--- Later in debate ---

[Priti Patel]

No one should be patronised or silenced, which is why we have reopened the VAWG consultation, and 78,000 people have responded since 6 pm on Friday evening. I urge others to come forward as well. Perhaps the hon. Lady would also like to encourage her constituents to do so. There is much more work that we can do collectively to drive better outcomes to stop violence against women and girls.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Home Secretary for her statement. We will have a two-minute suspension to allow for the necessary arrangements for the next business.

Serious Criminal Cases Backlog

Rosie Winterton Excerpts

Wednesday 20th January 2021 Commons Chamber

[James Daly (Bury North) (Con) [V]]

As a former criminal defence solicitor, may I ask my hon. Friend to join me in praising all the practitioners who have contributed so much to access to justice during the pandemic? Many have asked me to ask the Minister what steps the Government have taken and are taking to enhance capacity in the criminal courts. Finally, does he not think it odd that the Scottish National party is asking questions about the English judicial system, despite its call for English questions on English laws?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It should really be just one question to the Minister.

[Chris Philp]

I have such a choice to choose from! Yes, I join my hon. Friend in paying tribute to the legal profession and the judiciary for the work they have done in these difficult circumstances. To answer the question that his colleagues have put via him, we are opening up Nightingale courts. A total of 19 are open, with 36 additional courtrooms. We have already rolled out the cloud video platform to ensure that hearings can be done remotely, and we are ensuring that Crown court sitting days are not a limitation in this financial year, so we are doing everything we can to open up capacity in the criminal justice system. We are also considering whether we can extend operating hours, and I would be interested to hear my hon. Friend’s views on that, perhaps after today’s question. We are leaving no stone unturned to ensure that our capacity is increased.

--- Later in debate ---

[Andy Carter (Warrington South) (Con) [V]]

I join the Minister in paying tribute to magistrates in Cheshire and Merseyside for the work they are undertaking, and invite him to welcome the new volunteer members of the bench who were sworn in just before Christmas and are now serving in courts in the north-west. Having sat as a magistrate last week myself in Liverpool, I can confirm that the magistrates court and the Nightingale court at St George’s Hall are covid-safe and working very efficiently. Can my hon. Friend outline what steps are being taken to ensure that the most serious cases are heard quickly, both in magistrates courts and Crown courts, so that justice is not delayed?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before the Minister responds, let me say that I want to try to get everybody in, so we need fairly short questions and, obviously, fairly brisk answers.

[Chris Philp]

I will do my best, Madam Deputy Speaker. I am delighted to hear that the courts in Liverpool are functioning so well. The listing of cases is a matter for the judiciary, but I know that judges are mindful of the points that my hon. Friend raises, and where there are serious and sensitive cases, judges do prioritise those in listing.

--- Later in debate ---

[Chris Philp]

I would point to the quarter of a billion pounds that we have invested this year alone—extra money for making sure that our courts are covid safe and have the capacity needed to deliver justice. That is a striking investment and a striking commitment—one that has not only started the court recovery, but one that I hope and expect will sustain it in the months ahead.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for responding to the urgent question. I am now suspending the House for three minutes to enable the necessary arrangements for the next business to be made.

UK Terrorism Threat Level

Rosie Winterton Excerpts

Thursday 5th November 2020 Commons Chamber

[James Brokenshire]

I recognise the leadership and the interest that my hon. Friend has shown in science and technology over so many years and I commend him for everything that he does. I hope that he will understand that I will not be drawn down a route of opening up techniques and tactics and the way in which our intelligence and security agencies operate, but I can say that we keep these issues under very careful review. We are blessed with world-leading intelligence agencies which invest very firmly in ensuring that they have the right capabilities to meet the challenges of an ever more data-driven age, and they will continue to do so.

[Madam Deputy Speaker (Dame Rosie Winterton)]

The last question from Steven Bonnar is, I believe, audio only. [Interruption.] Unfortunately, we are unable to get through to the hon. Member.

Virtual participation in proceeding concluded (Order, 4 June).

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Rosie Winterton Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 4 and 5. If any Lords amendment engaging financial privilege is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

After Clause 1

Impact of section 1 on the social care sector

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I beg to move, That this House disagrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 2, and Government motion to disagree.

Lords amendment 3, and amendment (a) thereto, and Government motion to disagree with Lords amendment 3.

Lords amendment 4, and Government motion to disagree.

Lords amendment 5, and Government motion to disagree.

Lords amendment 6, and Government motion to disagree.

Lords amendment 7, and Government motion to disagree.

Lords amendment 8, and Government motion to disagree.

Lords amendment 9, and Government motion to disagree.

Lords amendment 10, and Government motion to disagree.

Lords amendment 11.

I am sure colleagues will see that a large number of Members wish to contribute to this debate. We have had two quite lengthy statements, so there is pressure on time. That means we will be imposing an initial six-minute limit on speeches from Back Benchers. I hope that Front Benchers will keep their remarks as brief as possible in the circumstances to allow others to contribute.

[Kevin Foster]

This Bill delivers on a key manifesto commitment to end the EU’s rules on free movement, and to deliver our fairer and firmer points-based immigration system. I am pleased the Bill has passed its Third Reading in the other place, led by my colleague Baroness Williams of Trafford. For such a short Bill, there has been substantial debate on a wide range of immigration issues. There are issues on which Members disagree with the Government, but we must now enact this Bill and deliver on our promise to the British people. I will speak to each amendment in turn.

Lords amendment 1 requires publication of an independent report on the impact of ending free movement on the social care sector. Although it is well intentioned, the amendment is unnecessary because we already have independent reporting in this area through Skills for Care and the Migration Advisory Committee, which is now free to work to its own commissions in addition to those given to it by the Government.

The Department of Health and Social Care funds Skills for Care to deliver a wide range of activities to support the Government’s priorities for the social care sector. This includes programmes to support employers and the workforce with skills development, promote and support recruitment into the sector, and support leadership development. The Department of Health and Social Care uses the data produced by Skills for Care and the trends identified to inform its policy development to support the adult social care sector to recruit, train and develop its vital workforce.