All 9 contributions to the Assaults on Emergency Workers (Offences) Act 2018

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Wed 19th Jul 2017
Points of Order
Commons Chamber

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Fri 20th Oct 2017
Wed 15th Nov 2017
Fri 27th Apr 2018
Assaults on Emergency Workers (Offences) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Mon 30th Apr 2018
Assaults on Emergency Workers (Offences) Bill
Lords Chamber

1st reading (Hansard): House of Lords
Fri 29th Jun 2018
Assaults on Emergency Workers (Offences) Bill
Lords Chamber

2nd reading (Hansard): House of Lords
Mon 16th Jul 2018
Assaults on Emergency Workers (Offences) Bill
Lords Chamber

Order of Commitment discharged (Hansard): House of Lords
Tue 24th Jul 2018
Assaults on Emergency Workers (Offences) Bill
Lords Chamber

3rd reading (Hansard): House of Lords
Thu 13th Sep 2018
Royal Assent
Lords Chamber

Royal Assent (Hansard) & Royal Assent (Hansard) & Royal Assent (Hansard)

Points of Order

1st reading: House of Commons
Wednesday 19th July 2017

(7 years, 4 months ago)

Commons Chamber
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14:25
Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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On a point of order, Mr Speaker. Yesterday’s Order Paper said that the debate on drugs could continue until 7 o’clock. The final speaker sat down four minutes early. The normal practice in this House is then to use that time for other speakers to contribute. It was particularly interesting that the final speaker, the Minister, had denied interventions on the grounds that she did not have enough time to finish. The Standing Orders are not clear on this point. Is it not right that we get some definition of past practice in relation to cases where speakers do not have anything else left to say and other Members can contribute to what would then be a full debate?

John Bercow Portrait Mr Speaker
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I am very grateful to the hon. Gentleman for his point of order and for his characteristic courtesy in giving me advance notice somewhat earlier of his intention to raise it. I am loth to quibble with the hon. Gentleman, who is a considerable authority on matters parliamentary, as evidence by the well-thumbed tome on how to be a Back Bencher of which he is the distinguished author. That said, I am inclined slightly to quibble with him on his proposition that it is normal or commonplace, if a ministerial wind-up concludes early, for other Members to be invited to contribute. In my experience, that is not commonplace. I would not say that it never happens, because you can almost always find an example of something if you try hard enough, but certainly when I am in the Chair I tend to work on the assumption that the ministerial wind-up is indeed the conclusion of the debate.

I note what the hon. Gentleman says about the conclusion of this debate taking place earlier than listed on the Order Paper, although I am sure that he will readily accept that the Official Report—that is to say, the verbatim account of what was said; there is no question of misleading anybody—will show that the debate concluded a little early. The Chair does not normally allow a further Back-Bench speech, and—this is not directed at the hon. Gentleman; it is just a wider point—certainly not from a Member who had already made a substantial speech in the debate.

As for interventions, the hon. Gentleman, as the author of “How To Be An MP”—available in all good bookshops, and of which I am myself a noted admirer, as he knows—he will appreciate that a Member is free to take interventions or not. I note what he tells me—that the Minister said, “No, I can’t take interventions because I haven’t time”—but that is not something on which the Chair can rule. Sometimes Ministers can be a tad neurotic in these circumstances, it is true, as can sometimes, perhaps, shadow Ministers, but that is not a matter for the Chair. Whether the Member seeking to intervene likes it or not, the situation is as I have described.

Let me take this opportunity, in a positive spirit, to encourage all new Members—I am not sure the Whips would agree about this—to read the hon. Gentleman’s books on being a good parliamentarian. [Interruption.] “No!” says a Government Whip, chuntering from a sedentary position, in evident horror at what bad habits new members of the flock might pick up. I think that they are fine tomes. The hon. Gentleman has used his position as a Back-Bench Member to stand up for his constituents and to fight for the principles in which he believes. That has sometimes pleased his party and sometimes not, but that is what we are supposed to get here—Members of Parliament who speak to their principles and their consciences. That is a good thing, and, as he knows, I like to encourage it. In fact, when I was a Back Bencher, I had a relationship with my Whips characterised by trust and understanding—I didn’t trust them and they didn’t understand me.

Meg Hillier Portrait Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
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On a point of order, Mr Speaker. Yesterday, the Department of Health accounts were finally laid before the House, after a week of to-ing and fro-ing that prompted no actual changes, as I understand it, to them. The Comptroller and Auditor General has raised some concerns about the accounts. I seek your guidance on two points, Mr Speaker. First, the accounts have again been laid late. Last year, they were laid on the final day on which Parliament sat; this time, they were laid only a couple of days before the final day. Secondly, what can we do to ensure that a Minister turns up to the House to explain the Department of Health accounts and address the financial concerns that many Members of the House, and not least the Public Accounts Committee, have about the Government’s handling of health finances?

John Bercow Portrait Mr Speaker
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I am very grateful to the hon. Lady, who has put her concern on the record. It will have been heard by those on the Treasury Bench, and I suspect that the contents of her point of order will wing their way to Health Ministers ere long. The truth of the matter is that there is no resolution of her grievance available from the Chair. The Select Committee on Health may wish to return to this matter if it is dissatisfied, and the Public Accounts Committee, of which the hon. Lady is herself the distinguished Chair, may wish to pursue this matter further. Realistically, I fear that that will have to wait until September, although if the hon. Lady—she is of course a London Member, and a very assiduous attender—is present in her place tomorrow for the summer Adjournment debate and wishes to expatiate further on her concerns, she may well find she is able to catch the eye of the Chair.

If there are no further points of order—I think that there are none—we come now to the presentation of Bills.

Bills presented

Assaults on Emergency Workers (Offences) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Bryant, supported by Holly Lynch, Stephen Crabb, Mr Graham Brady, Ms Harriet Harman, Mr Dominic Grieve, Jo Stevens, Diana Johnson, Tulip Siddiq, Lilian Greenwood, Carolyn Harris and Philip Davies, presented a Bill to make provision about offences when perpetrated against emergency workers, and persons assisting such workers; to make certain offences aggravated when perpetrated against such workers in the exercise of their duty; to require persons suspected of certain assaults against such workers which may pose a health risk to provide intimate samples and to make it an offence, without reasonable excuse, to refuse to provide such samples; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 20 October, and to be printed (Bill 7).

Mental Health Units (Use of Force) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Steve Reed, supported by Norman Lamb, Mr Charles Walker, Jim Shannon, Keith Vaz, Sarah Jones, Mr David Lammy, Dr Rosena Allin-Khan, Marsha De Cordova, Caroline Lucas, Clive Lewis and Heidi Allen, presented a Bill to make provision about the oversight and management of the appropriate use of force in relation to people in mental health units and similar institutions; to make provision about the use of body cameras by police officers in the course of duties in relation to people in mental health units; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 November, and to be printed (Bill 8).

Parliamentary Constituencies (Amendment) Bill

Presentation and First Reading (Standing Order No. 57)

Afzal Khan, supported by Joanna Cherry, Hannah Bardell, Mr Alistair Carmichael, Liz Saville Roberts, Lady Hermon and Caroline Lucas, presented a Bill to amend the Parliamentary Constituencies Act 1986 to make provision about the number and size of parliamentary constituencies in the United Kingdom; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 1 December, and to be printed (Bill 9).

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Presentation and First Reading (Standing Order No. 57)

Ms Karen Buck, supported by Luciana Berger, Jess Phillips, Matthew Pennycook, Shabana Mahmood, Heidi Allen, Marsha De Cordova, Andy Slaughter, Alex Sobel, Kate Green, Diana Johnson and Clive Efford, presented a Bill to amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation; to amend the Building Act 1984 to make provision about the liability for works on residential accommodation that do not comply with Building Regulations; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 19 January 2018, and to be printed (Bill 10).

John Bercow Portrait Mr Speaker
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Friday 19 January is a splendid day—it is my birthday.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Presentation and First Reading (Standing Order No. 57)

Tim Loughton, supported by Mr Graham Brady, Dame Caroline Spelman, Mrs Anne Main, Frank Field, Heidi Allen, Caroline Lucas and Antoinette Sandbach, presented a Bill to provide that opposite sex couples may enter a civil partnership; to make provision about the registration of the names of the mother of each party to a marriage or civil partnership; to make provision about the registration of stillborn deaths; to give coroners the power to investigate stillborn deaths; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 February 2018, and to be printed (Bill 11).

Organ Donation (Deemed Consent) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Geoffrey Robinson, supported by Paul Flynn, Sir Vince Cable, Caroline Lucas, Michael Fabricant, Liz Saville Roberts, Dr Philippa Whitford, Kate Green, Sir Oliver Letwin, Jim Shannon, Angela Rayner and Crispin Blunt, presented a Bill to enable persons in England to withhold consent for organ donation and transplantation; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 23 February 2018, and to be printed (Bill 12).

Refugees (Family Reunion) (No. 2) Bill

Presentation and First Reading (Standing Order No. 57)

Angus Brendan MacNeil, supported by Stephen Twigg, Robert Neill, Stuart C. McDonald, Tulip Siddiq, Tim Farron, Jim Shannon, Caroline Lucas, Anna Soubry, Ian Blackford, Stella Creasy and Hywel Williams, presented a Bill to make provision for leave to enter or remain in the United Kingdom to be granted to the family members of refugees and of people granted humanitarian protection; to provide for legal aid to be made available for such family reunion cases; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 March 2018, and to be printed (Bill 13).

Parental Bereavement (Leave and Pay) Bill

Presentation and First Reading (Standing Order No. 57)

Kevin Hollinrake, supported by Will Quince, Sir Nicholas Soames, Craig Tracey, Carolyn Harris, Antoinette Sandbach, Jeremy Quin, Huw Merriman, Victoria Prentis, Diana Johnson and Rebecca Pow, presented a Bill to make provision about leave and pay for employees whose children have died.

Bill read the First time; to be read a Second time on Friday 20 October, and to be printed (Bill 14).

Representation of the People (Young People’s Enfranchisement and Education) Bill

Presentation and First Reading (Standing Order No. 57)

Vicky Foxcroft, on behalf of Jim McMahon, supported by Jeremy Corbyn, Tom Watson, Peter Kyle, Diana Johnson, Lucy Powell, Sir Peter Bottomley, Stephen Gethins, Jo Swinson, Jonathan Edwards and Caroline Lucas, presented a Bill to reduce the voting age to 16 in parliamentary and other elections; to make provision about young people’s education in citizenship and the constitution; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 November, and to be printed (Bill 15).

Overseas Electors Bill

Presentation and First Reading (Standing Order No. 57)

Glyn Davies presented a Bill to make provision extending the basis on which British citizens outside the UK qualify to participate in parliamentary elections; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 23 February 2018, and to be printed (Bill 16).

Parking (Code of Practice) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Greg Knight, supported by Kevin Brennan, Pete Wishart, Mr Jacob Rees-Mogg, Daniel Zeichner and Graham Jones, presented a Bill to make provision for and in connection with a code of practice containing guidance about the operation and management of private parking facilities; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 February 2018, and to be printed (Bill 17).

John Bercow Portrait Mr Speaker
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I think the nation should be aware that, perhaps because the right hon. Gentleman’s Bill relates to parking, he is sporting a notably colourful tie, which features a very large number of cars. Knowing his penchant, I assume that they are classic cars.

Greg Knight Portrait Sir Greg Knight (East Yorkshire) (Con)
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They are, indeed.

Unpaid Trial Work Periods (Prohibition) Bill

Presentation and First Reading (Standing Order No. 57)

Stewart Malcolm McDonald, supported by Ian Murray, Lady Hermon, Caroline Lucas, Christine Jardine, Patricia Gibson, David Linden, Alison Thewliss, Chris Stephens, Patrick Grady, Carol Monaghan and Martin Whitfield, presented a Bill to prohibit unpaid trial work periods in certain circumstances; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 March 2018, and to be printed (Bill 18).

Prisons (Interference with Wireless Telegraphy) Bill

Presentation and First Reading (Standing Order No. 57)

Esther McVey, supported by Andrew Selous, David T. C. Davies, Kirstene Hair, Trudy Harrison, Philip Davies, Mr Jacob Rees-Mogg, Mr Christopher Chope, Paul Farrelly, Mr Kevan Jones, Mr Stephen Hepburn and Sir Edward Davey, presented a Bill to make provision about interference with wireless telegraphy in prisons and similar institutions.

Bill read the First time; to be read a Second time on Friday 1 December, and to be printed (Bill 19).

Stalking Protection Bill

Presentation and First Reading (Standing Order No. 57)

Dr Sarah Wollaston, supported by Mrs Cheryl Gillan, Ms Harriet Harman, Alex Chalk, Antoinette Sandbach, Luciana Berger, Richard Graham, Victoria Prentis, Maria Caulfield, Mims Davies, Jess Phillips and Vicky Ford, presented a Bill to make provision for protecting persons from risks associated with stalking; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 19 January 2018, and to be printed (Bill 20).

John Bercow Portrait Mr Speaker
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Friday 19 January—I do hope I am here.

Employment and Workers’ Rights Bill

Presentation and First Reading (Standing Order No. 57)

Stephanie Peacock, supported by Louise Haigh, Rachel Reeves, Dan Jarvis, Ellie Reeves, Clive Lewis, Lisa Nandy, Jo Stevens, Ian Mearns, Mike Amesbury, Laura Smith and Chris Stephens, presented a Bill to make provision about employment conditions and workers’ rights; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 27 April 2018, and to be printed (Bill 21).

Licensing of Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill

Presentation and First Reading (Standing Order No. 57)

Daniel Zeichner presented a Bill to make provision about the exercise of taxi and private hire vehicle licensing functions in relation to persons about whom there are safeguarding or road safety concerns; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 February 2018, and to be printed (Bill 22).

Freedom of Information (Extension) Bill

Presentation and First Reading (Standing Order No. 57)

Andy Slaughter, supported by Dan Jarvis, Jo Stevens, David Hanson, Ian C. Lucas, Ruth Cadbury, Christian Matheson, Clive Efford, Stephen Timms, Ms Karen Buck, Louise Haigh and Kate Green, presented a Bill to make providers of social housing, local safeguarding children boards, Electoral Registration Officers, Returning Officers and the Housing Ombudsman public authorities for the purposes of the Freedom of Information Act 2000; to make information held by persons contracting with public authorities subject to the Freedom of Information Act 2000; to extend the powers of the Information Commissioner; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 15 June 2018, and to be printed (Bill 23).

Representation of the People (Young People’s Enfranchisement) Bill

Presentation and First Reading (Standing Order No. 57)

Peter Kyle, supported by Nicky Morgan, Norman Lamb, Sir Peter Bottomley, Rachel Reeves, Ruth Smeeth, Wes Streeting, Anna Turley, Holly Lynch, Conor McGinn, Caroline Lucas and Jim McMahon, presented a Bill to reduce the voting age to 16 in parliamentary and other elections; to make provision for auto-enrolment onto the electoral register for people aged 16 to 24; to make provision about the use of educational establishments as polling stations; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 11 May 2018, and to be printed (Bill 24).

Physician Associates (Regulation) Bill

Presentation and First Reading (Standing Order No. 57)

Anne Marie Morris presented a Bill to make provision for the regulation of physician associates; to make physician associate a protected title; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 26 October 2018, and to be printed (Bill 25).

National Living Wage (Extension to Young People) Bill

Presentation and First Reading (Standing Order No. 57)

Holly Lynch, supported by Chris Bryant, Jo Stevens, Anna Turley, Wes Streeting, Jess Phillips, Tulip Siddiq, Ruth Smeeth, Gareth Snell, Conor McGinn, Naz Shah and Graham Jones, presented a Bill to extend the National Living Wage to people aged 18 to 24.

Bill read the First time; to be read a Second time on Friday 6 July 2018, and to be printed (Bill 26).

John Bercow Portrait Mr Speaker
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I thank colleagues for their patience.

Assaults on Emergency Workers (Offences) Bill

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

(7 years, 1 month ago)

Commons Chamber
Read Full debate Assaults on Emergency Workers (Offences) Act 2018 Read Hansard Text Read Debate Ministerial Extracts
Second Reading
09:34
Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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I beg to move, That the Bill be now read a Second time.

I start from a simple premise. An assault on anyone is wrong, but an attack on any emergency worker—whether that is a police constable, a paramedic, an ambulance driver, an accident and emergency doctor or nurse, a fire officer, a prison officer, someone working in search and rescue, or someone working on a lifeboat—is an attack on us all. And when we are all attacked, we all stand firm together.

It is not just that many of these people show daily acts of bravery; they put their lives on the line. We know that here in Parliament, where PC Keith Palmer was murdered earlier this year. We owe him a phenomenal debt of gratitude. London knows it. A brave British Transport police officer was stabbed when he faced the London Bridge attackers with nothing but a baton earlier this year. That same day, a Met officer was also stabbed when he came to defend the public, despite being off duty. The whole country knows it, too, as we have seen horrific instances, week after week, of emergency staff who have been stabbed, strangled, bitten, repeatedly punched, kicked when down on the ground, and threatened with knives and acid. It is incomprehensible that people should attack our national heroes like this. It is amazing that those staff still go the extra mile on behalf of the British public. It is time that we did everything in our power to protect them.

Ellie Reeves Portrait Ellie Reeves (Lewisham West and Penge) (Lab)
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I was taken to hospital by ambulance last month, having fallen ill. It was a horrible experience, which was made much better by the ambulance staff, who showed such kindness and professionalism to me and my two-year-old son. I got talking to them in the ambulance and they told me that they faced abuse on a daily basis. I told them about this Bill, and they wanted to pass on their thanks to my hon. Friend. This legislation is long overdue.

Chris Bryant Portrait Chris Bryant
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I thank my hon. Friend for those comments. She makes her point extremely well. It is worth saying that the Bill is supported not only by the Royal College of Nursing and all the trade unions that represent staff in these different lines of work, but by the Metropolitan police, the Police Federation and nearly every part of civil society. I hope we do not end up with a vote later today, but the lack of a vote will not show a lack of assent by this House. Indeed, I think it will show the unanimous assent of the House to change the law in this regard.

It is a depressing fact that the number of assaults on emergency workers has dramatically increased in recent years. The Home Office’s own figures—these are frightening—suggest that there were 24,000 assaults on police officers in England and Wales in 2016-17. The Police Federation reckons that there is an unarmed assault on a police officer every four minutes, and that is even without including police community support officers. The Ministry of Justice says that there were 7,159 assaults on prison officers last year—up a third on the previous year.

Lord Hanson of Flint Portrait David Hanson (Delyn) (Lab)
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As my hon. Friend will know, not only have attacks on police officers risen by about 7% in the past seven years, but those attacks are on fewer police officers. We have lost 20,000 police officers, so there is now more chance of a police officer being attacked than there was seven years ago.

Chris Bryant Portrait Chris Bryant
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My right hon. Friend is absolutely right. That is why I pay enormous tribute to my hon. Friend the Member for Halifax (Holly Lynch), who, with the Police Federation, has led the charge on this issue and brought it to the House. I feel as if I am merely carrying the baton that she elegantly shaped.

Figures from NHS Protect are equally disturbing. There were 59,794 attacks on NHS staff in 2011-12. That is bad enough, but the figure increased to 70,555 by 2015-16. Yet the number of criminal sanctions for those assaults has actually fallen in that time, from 1,380 to 1,250. That is a lot of people who are not seeing justice.

Bambos Charalambous Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
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Does my hon. Friend acknowledge that the cost to the NHS of these attacks is estimated to be £69 million a year?

Chris Bryant Portrait Chris Bryant
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My hon. Friend is able to read my mind, because that was my next sentence.

Liz McInnes Portrait Liz McInnes (Heywood and Middleton) (Lab)
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Does my hon. Friend agree that the figure for assaults on NHS staff is probably much higher? I know from my experience of working in the NHS that a lot of staff did not report assaults, because they were not confident anything would be done.

Chris Bryant Portrait Chris Bryant
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That is part of the problem that we—and, for that matter, the whole criminal justice system—need to address: all too often, people simply do not feel at the end of the process that they have got justice. When people see those working alongside them not getting justice, with paltry sentences handed down, they of course decide, “I don’t want to have to go through all the grief and the hassle of pressing charges.”

Chris Bryant Portrait Chris Bryant
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I give way to my right hon. Friend.

Stephen Crabb Portrait Stephen Crabb
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I am grateful to my hon. Friend—he is my hon. Friend too. Does he agree that there is a real sense of anger and frustration not just among police officers but among other emergency workers when they see people walking out of court with, effectively, a slap on the wrist?

Chris Bryant Portrait Chris Bryant
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If it were even a slap on the wrist, that would be nice, but sometimes the punishment is absolutely minimal. It is intrinsic to justice that it has to be seen to be done, and I will come on later to why I think my Bill will make a difference. I know there are people at the criminal Bar who—perhaps out of an excessive loyalty to other lawyers—dislike it whenever we introduce a new offence, but I hope the Bill will make a difference.

Incidentally, it is worth bearing in mind the fact that this year the Welsh ambulance service has listed 114 properties as housing potentially violent people, while another 320 were listed as potentially dangerous. That is this year; in January 2016, only 50 properties were flagged up. In other words, there has been a dramatic increase in the number of places where paramedics feel they are unable to go without police support. That is truly worrying for our society.

Liz Saville Roberts Portrait Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
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It is important to emphasise, as the hon. Gentleman just did, that assaults on emergency workers are not solely an urban problem. Given the chronic reduction in police numbers, in particular, I hope this legislation will offer greater protection for officers in rural areas, who often respond to calls with insufficient back-up and bad communications.

Chris Bryant Portrait Chris Bryant
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The hon. Lady is absolutely right, and I can only praise her for being here today, when she could have been at the Plaid Cymru party conference. That is a phenomenal act of dedication.

Jessica Morden Portrait Jessica Morden (Newport East) (Lab)
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While my hon. Friend is on the subject of Wales and the frequency of attacks, may I mention a real story that was recently relayed to me by a woman married to a police officer? She told me:

“According to my children their father is the clumsiest dad ever, as we have had to tell them he ‘fell over a bin chasing someone’, ‘he walked into a Police cupboard door’, ‘he caught himself on a police car door’. I am tired of having to tell my children about how he sustained his injuries to stop them worrying.”

Does my hon. Friend agree that that is the reality of working life for many emergency workers?

Chris Bryant Portrait Chris Bryant
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It is the reality, but it should not be—that is the point we all want to make. Of course, this affects not only the individual concerned but other members of the family. In terms of the recruitment of police officers and emergency workers in the future, people often follow their parents into a profession, and if they feel that their parents have been badly treated, it is unlikely they will come forward for these jobs in the future.

Chris Bryant Portrait Chris Bryant
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I am sticking with Wales, and then I will come to my hon. Friend the Member for Batley and Spen (Tracy Brabin).

Albert Owen Portrait Albert Owen
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I am grateful to my hon. Welsh Friend for allowing me to intervene. He has rightly mentioned police officers, health workers and others. In his introduction, he mentioned search and rescue and lifeboats, and I declare an interest as a vice-president of the Royal National Lifeboat Institution. Many of these emergency workers are actually volunteers. They show us how to respect the sea; we must now show them respect.

Chris Bryant Portrait Chris Bryant
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My hon. Friend is absolutely right, and I have had various people email me and twitter me—or whatever the verb is. [Interruption.] Tweet to me. Anyway, they asked whether lifeboat staff will be included, and, of course, they are included. For that matter, the Mines Rescue Service in my constituency is as well, because search and rescue people are absolutely vital. My hon. Friend makes the very good point that many of these people are volunteers. We could, of course, argue that most emergency workers go the extra mile, and that extra mile often means, effectively, that they are working as volunteers. That is why we should stand by them.

Chris Bryant Portrait Chris Bryant
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I have been saving up my hon. Friend.

Tracy Brabin Portrait Tracy Brabin
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I thank my hon. Friend for giving way. He mentioned that violent crime is on the rise and that people in some properties are being flagged up as potentially violent to the police. I have been lobbied by constituents who are PCSOs and find themselves increasingly going into potentially violent situations with no handcuffs, pepper spray or any of that. Will they also be included in the Bill, so that they, too, will be protected?

Chris Bryant Portrait Chris Bryant
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My hon. Friend raises a good point. I am not entirely sure that they would be. If that is the case, we will make sure in Committee, when I have taken a bit more legal advice, that they are included, because it would be bizarre in the extreme if they were not. PCSOs in my constituency are an absolutely vital part of the equation of community policing, and we should afford them exactly the same protection.

I should say that I have had an awful lot of conversations with Ministers over the last few weeks about the Bill, which has been a delight, and I am not entirely convinced that we yet have the definition of an emergency worker in the Bill right, because some people who work in the NHS who should be included would not be. I have talked to Ministers, and they are absolutely clear that we will put that right in Committee, so I hope both the elements I have mentioned can be put right in Committee.

Judith Cummins Portrait Judith Cummins (Bradford South) (Lab)
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Does my hon. Friend agree that those who look after us and keep us safe need protecting with the full force of the law, and that that is the protection his Bill will provide?

Chris Bryant Portrait Chris Bryant
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Absolutely, and the point is that it needs the full force of the law. All too often, the victims, who work in our emergency services, and who know this area of the law well, have felt that the full force of the law has not been used.

I have cited some statistics, but this is not just about statistics. Last year, Nurse Sharon Morris was attacked in a mental health unit, and it is worth saying that Unison, the trade union, has found that more than two in every five mental health workers have been attacked in the last year. The effect on Sharon’s life was profound. She said:

"I’m not the same calm but confident woman I was. Personally, I’m feeling vulnerable, and I feel I’m not much use to my family as I am on edge whenever we are around people. I have nightmares and flashbacks. The worst part is seeing my assailant’s face superimposed on my eldest son’s face—they are physically similar—and I couldn’t cope with him hugging me for many weeks. I was off sick for three months, and I’m now seeking redeployment away from patient areas; I get anxious around patients, so I’m currently just doing office work.”

In fact, since she said those words, she has moved on to another area of work. That is one of the problems: these assaults are leading to a serious problem in the recruitment and retention of staff.

Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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I certainly hope the hon. Gentleman gets a Second Reading for his Bill, which should go through unopposed. I support the Bill, but there is so much that needs to be done on it. The example he has just given would not even be covered by it, so a lot of work needs to be done in Committee before it comes back to this Chamber.

Chris Bryant Portrait Chris Bryant
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There was a version of the Bill that did include this issue, but somehow or other, by some glitch of computers, it disappeared. The hon. Gentleman is absolutely right, and that goes back to the point I made earlier. The issue is something we want to put right in Committee, and I hope the whole House will want to rectify it.

Members should just listen to what PC Adam Heslop of the British Transport police said. He had his nose broken when he was punched in the face. He had been in many situations where he feared physical assault, but he had never actually been punched. His assailant was given a curfew and ordered to pay court costs of £85 when convicted of actual bodily harm. PC Heslop said:

“I know better than to expect justice from the courts when it comes to police assaults. I think that’s one of the reasons assaults are up.”

That is the problem: if the victims do not feel that there has been justice or that justice has been seen to be done, it seems to the whole of society that people are getting away with these things—as if there is a law of lawlessness when it comes to attacking the police.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
- Hansard - - - Excerpts

I, too, support the Bill. Between April and September, Cheshire police recorded 277 assaults on police officers. That demonstrates vividly why the Bill is needed to strengthen the law in this area. This really is a problem locally.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

The hon. Lady is absolutely right. As the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) said, this is not just about urban areas—it is about the whole of the country. In fact, the north-west ambulance service recently reported a 24% increase in assaults on ambulance workers in that region in the past year.

Chris Elmore Portrait Chris Elmore (Ogmore) (Lab)
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Will my hon. Friend give way?

Chris Bryant Portrait Chris Bryant
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More Wales!

Chris Elmore Portrait Chris Elmore
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You can never get enough Wales, as I am sure my hon. Friend would agree. In recent years there has been an increase in assaults on first responders to ambulance calls who are treating patients at the side of the road and being attacked by somebody who was attacking the person they were treating. Are first responders included in the Bill, or will they need to be included in Committee?

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

The legal advice that I have had is that they would be included, but we need to make sure of that in Committee.

I think every single one of us will feel it is inconceivable—incomprehensible—that, when somebody comes to save a life, they can be physically attacked for doing so. How does that happen? There is a cry of outrage at the heart of this Bill. It is an attempt to give an extra tool to the prosecuting authorities to make sure that we can stem the tide of these assaults.

Mike Hill Portrait Mike Hill (Hartlepool) (Lab)
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Will my hon. Friend give way?

Chris Bryant Portrait Chris Bryant
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My hon. Friend is not Welsh, but of course I give way.

Mike Hill Portrait Mike Hill
- Hansard - - - Excerpts

This is not just about people saving lives. Attacks on firefighters who are putting out fires occur time and again. Does my hon. Friend agree that that is equally bad and needs the right level of punishment?

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

My hon. Friend is absolutely right. Two years ago I stood in utter amazement in Porth watching kids on the other side of the valley throwing bricks at fire officers who were trying to put a fire out on the mountain. Words fail me.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

The hon. Gentleman is also Welsh. It is just as well that this Bill applies to England and Wales.

Ben Lake Portrait Ben Lake
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Does the hon. Gentleman agree that just as importantly, this Bill would help to ensure that people are aware of the abuse that many of our emergency services suffer and make it clear that as a society we will not stand for it?

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

The hon. Gentleman is absolutely right. I am glad that he is not at the Plaid Cymru conference either. I am sure he will get there later.

Alex Norris Portrait Alex Norris (Nottingham North) (Lab/Co-op)
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My wife and I had cause to be extremely grateful to the fire service on Wednesday morning. We lost a dog that was staying with us—she had absconded over the fence. The efforts of the boys at Stockhill fire station in extracting Nike from between a hedge and a wall were greatly appreciated. Does my hon. Friend agree that glad though they will be to get my warm wishes on this very public stage, what they want from their legislators is an understanding in law that shows we understand what happens to them on a daily basis and will act on it?

Chris Bryant Portrait Chris Bryant
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Absolutely. It is worth saying that the reason I presented this Bill rather than any other is that I did a survey of my constituents and of the wider public, to which more than 40,000 people responded, giving them a choice of six different Bills, each of which I would have been very happy to present. Another Member is doing civil partnerships and somebody else is doing votes at 16 and so on, but this subject came top in my constituency and around the country. That means that we are also responding to the public, which is an important part of what we are sent here to do.

Jacob Rees-Mogg Portrait Mr Jacob Rees-Mogg (North East Somerset) (Con)
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Will the hon. Gentleman give way?

Chris Bryant Portrait Chris Bryant
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What an utter delight!

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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I am grateful to the hon. Gentleman. At least the Rees bit of me is Welsh. I congratulate him on bringing forward this Bill, because he has managed to show that private Members’ Bills on a Friday morning may cover serious topics that have the widespread support not only of the House but the country. It is very important for Parliament that we do sensible and proper things today rather than just hear people making statements.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I am grateful to the hon. Gentleman for saying that. Because we now have a two-year Session for this Parliament, private Members’ Bill Fridays have been stretched out considerably. If this Bill gets its Second Reading today, as we all hope, it could easily get through Committee in the next few weeks. There is no reason why the Government could not give it Government time on a Thursday afternoon, for instance, rather than having to wait until the end of April for its remaining stages. We could then send it off to the House of Lords and it could be on the statute book by Easter rather than having to wait the whole year.

Karen Lee Portrait Ms Karen Lee (Lincoln) (Lab)
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As a former nurse, I am really pleased to see the call for blood and saliva tests when people have been bitten or spat at, because I know how worrying it is for somebody to think that they might have HIV or hepatitis. Waiting times in A&E, plus the shortage of nurses to de-escalate situations because they are busy doing 101 other things, mean that there is nobody to deal with the rising tensions in hospital situations. That is partly why assaults are on the up. This group of people have suffered under the public sector pay cap, and at least this Bill is one way of recognising their commitment.

Chris Bryant Portrait Chris Bryant
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I agree with all the different points that my hon. Friend made in her mini-speech. Indeed, I am going to make some of them myself, particularly in relation to resourcing in mental health units. It is self-evidently more difficult to make sure that staff are secure and safe at work if they feel that they are under-staffed.

Some people will think that no action is necessary and say that a new offence will make no difference. But I believe that we cannot be bystanders. We cannot just hold emergency workers’ coats while they are in danger. We cannot just issue warm words. Making something illegal will not necessarily stop it, of course, but I believe that legislation can play a role in tackling this scandal and clarifying the law, sending out as clear a message as possible that we—all of us—will not put up with this. If you attack an emergency worker you will face the consequences of your actions.

Jim McMahon Portrait Jim McMahon (Oldham West and Royton) (Lab/Co-op)
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My hon. Friend makes a really important point. Quite a lot of this is normalised by society; there is an expectation that it is part of the job. This Bill sends a clear message that emergency services workers do not have to put up with this type of behaviour and abuse.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

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 Portrait Wendy Morton (Aldridge-Brownhills) (Con)
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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 Portrait Chris Bryant
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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.

Michael Tomlinson Portrait Michael Tomlinson (Mid Dorset and North Poole) (Con)
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On that point, I am trying to understand the hon. Gentleman’s reasoning for the sentence on indictment being exactly the same as the sentence on summary. Will that be teased out in Committee? What was his thinking on that?

Chris Bryant Portrait Chris Bryant
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My original suggestion was that it should be six months on a summary offence and 12 months on an indictable offence, but the Government decided that they would prefer it to be 12 months on either. Because I am in an emollient mood, I decided to go along with the Government. That may be a question for the Government, today or in Committee. There is an argument for holding the Committee stage on the Floor of the House on one of the days that might be empty over the next few weeks, given the legislative programme.

Huw Merriman Portrait Huw Merriman (Bexhill and Battle) (Con)
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I am grateful to the hon. Gentleman for giving way so many times. He will be aware that the Attorney General can review unduly lenient sentencing for certain offences. I have called for that to be extended to offences against police officers, which the hon. Gentleman has referenced. Will he consider the possibility that, in Committee, the offences in the Bill could be wrapped into that extended power?

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

That is a good point, which had not occurred to me. The hon. Gentleman has made a good case for being on the Bill Committee, and that is up to me. The Bill Committee may be growing, however, so we may have to persuade the Government Whips; I have found that if one talks nicely to Government Whips, they are sometimes helpful. We might want to bring Committee or Report to the Floor of the House so that everyone can consider the proposals.

The second thing the Bill does is mirror, in clause 2, the provisions in part 12 of the Criminal Justice Act 2003. That Act made any offence aggravated when it was based on hostility to the victim’s race, religion, sexual orientation, disability or transgender nature. That statutory definition of aggravated offences built on the Crime and Disorder Act 1998, which stipulated that certain offences would attract longer sentences if they were racially or religiously motivated. So clause 2 of my Bill will put an assault perpetrated against an emergency worker on a legal par with a hate crime, and I think that that is the appropriate way to go. It means that the court must state, in open court, that the crime is so aggravated and must treat as an aggravating factor the fact that the offence was committed in such a way.

Clause 3 defines an emergency worker. Thanks to a glitch, I think the definition is not quite right, and we will want to improve it in Committee.

Chris Bryant Portrait Chris Bryant
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I thought that that might prompt the hon. Gentleman to intervene. Lo and behold, Zebedee appeared.

Jeremy Lefroy Portrait Jeremy Lefroy
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I am surprised that the hon. Gentleman thought that, but I am most grateful to him for giving way and for all the work that he has done on this incredibly important Bill. On a point of definition, we could consider in Committee the inclusion of minor injuries units as well as urgent treatment centres and emergency departments. Aside from the nature of the injuries treated at each one, the public do not see much difference between those three types of emergency unit.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

The hon. Gentleman makes a good point. I would prefer the inclusion of an additional subsection, which I think would meet his point. It would state that the Bill covered a person employed for the purpose of providing, or engaged to provide, healthcare services within the meaning of section 64 of the Health and Social Care Act 2012, subsection—I cannot read the little number. I agree that it is something that we need to address.

Victoria Atkins Portrait Victoria Atkins (Louth and Horncastle) (Con)
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I welcome the Bill and I will support it, given the opportunity. Does the hon. Gentleman consider that clause 3 includes jailers—people who look after defendants in court while they are waiting for trials and so on? If not, perhaps some thought should be given to that. The cells at court can be volatile places and the people who work in that environment might be at risk.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

That is another matter for us to tease out, of course. Clause 3(1)(e) is clear in referring to

“a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution”.

I think that that would cover such people, but—

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Chris Bryant Portrait Chris Bryant
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I have no choice.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

I jumped to clause 3(3), which defines a custodial institution, and I do not read that as including cells at court. This might be a matter for the Committee.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I feel as though we are already in Committee. The hon. Lady makes a good point. Once a barrister, always a barrister; I am not sure whether she is being paid by the word or by the intervention. [Interruption.] Sorry; there had to be one anti-lawyer comment today.

The third thing that the Bill does is make provision for the taking of samples when an assailant has spat at an emergency worker. It makes it an offence punishable by a fine of up to £500 for an assailant unreasonably to refuse to give an intimate sample, such as a blood sample. That matters, because so many officers and emergency workers have been spat at and lived in anxiety for months about whether they had contracted a communicable disease.

I want to be very careful about how people refer to HIV in particular, but I have had one example of a police officer—I met him yesterday—who was spat at, with the saliva entering his eye and mouth. The assailant refused to give a sample, and the police officer had a false positive test for hepatitis B, which created enormous anxiety. His wife and children had to be tested as well. I just do not think that that situation is appropriate, and I hope the Bill will help to change it.

Some have argued that the Bill is unnecessary because the sentencing guidelines already deal with the matter. In particular, they say that the guidelines on assault occasioning bodily harm—section 47 offences from the Offences Against the Person Act 1861—state that the court should consider the fact that the offence was

“committed against those working in the public sector or providing a service to the public”

an aggravating factor. I believe that that is drawn far too widely in the guidelines, and I want to throw a cordon sanitaire specifically around our emergency workers.

The sentencing guidelines also make it clear, as they have to by law, that there are two categories of aggravating factor: statutory, such as previous convictions and offences committed while on bail, which have been mandated by Parliament in statute law; and a non-exhaustive list of other factors, including location, timing, an attempt to conceal evidence and 14 other factors. The point is that the fact that the assault leading to bodily harm was on an emergency worker is not a statutory aggravating factor, and my Bill would make it just such a factor.

Those who argue that that is unnecessary are arguing against the very concept of statutory aggravating factors, including hate crimes. I believe that the country now widely accepts the proposition that such factors should exist. Moreover, the victims of hate crimes say that the very fact that the court has to state that the homophobic or racial element of the offence is an aggravating factor gives them a sense that justice is being done. Part of the fury that 999 workers feel is caused by the fact that that element is never stated in open court, but now it will be.

Paragraph 4.12(c) of “The Code for Crown Prosecutors” states:

“A prosecution is also more likely if the offence has been committed against a victim who was at the time a person serving the public.”

That, too, is written in the widest possible terms, and I am trying to enhance the protection specifically for emergency workers, because they put themselves in harm’s way on a daily basis.

Every single one of us knows that merely introducing a new offence will not put a sudden end to such assaults, and there is much else that we need to do to protect our emergency workers. This comes to a point that was made earlier: one reason many prosecutions are not brought is that the perpetrator is a vulnerable patient suffering from a condition that makes them violent. The health worker, who wants only the best for their patient, is understandably reluctant to press for a prosecution. A hospital might be so keen to keep out of the news that it will be reluctant to summon the police.

The truth is that if a mental health unit or an accident and emergency unit is under-staffed, it is far more difficult to maintain order and secure the safety of staff and patients. It should be a fundamental duty of any organisation that employs people in such circumstances to make sure its staff are safe. Someone who rocks up at A&E drunk or high and is told that they will have to wait for several hours is, of course, more likely to get aggressive and violent than someone who is seen swiftly. I do not say that to excuse anyone—of course I do not; violence against medical staff is morally offensive and medically counterproductive, and we should adopt a zero-tolerance attitude towards it—but health bodies need to put the safety of their staff at the top of their list of priorities, and the Government must give the NHS the resources it needs.

I am not going to make many partisan points, but it is incomprehensible to me why the Government are going to cancel NHS Protect, which provides the statistics on this—without such statistics, we would not have been able to have this debate—and will rely only on staff surveys to get such statistics in the future.

Ruth Cadbury Portrait Ruth Cadbury (Brentford and Isleworth) (Lab)
- Hansard - - - Excerpts

My hon. Friend makes an excellent point about NHS resources. When I visited my accident and emergency department at West Middlesex University Hospital, I found that it is spending £2 million a year on additional mental health staff in the main part of the hospital, because there is not adequate capacity in the mental health services to enable people with acute mental health problems to be directed straight to the appropriate mental health services. The hospital has to spend a lot of money to protect the other patients and the staff in the accident and emergency department because so many people are very vulnerable when people with such problems come in and pose a risk. It has had to set aside separate rooms, but even then there is not enough capacity.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

My hon. Friend makes a good point. This is a debate for another day, but my feeling is that this country wants a Swedish standard of NHS on American levels of taxation, and in the end I just do not think that works. The Unison survey I mentioned earlier said that 87% of mental health staff felt that the lack of staff was the major contributory factor in attacks, and 50% felt that over-reliance on agency staff was a problem because those staff do not know the patients well enough to ensure safety and deal with them appropriately. If the Bill is to have the desired effect, it is self-evident that the police, the Crown Prosecution Service and prisons will need adequate resources.

I again pay tribute to my hon. Friend the Member for Halifax. I was more delighted by her re-election than by the fact that I was myself re-elected at the general election. She has done a wonderful job of work, and we have worked closely together on this campaign. There are others I want to thank. This is going to sound like the Oscars now, but I am not going to thank Harvey Weinstein. I want to thank the Police Federation and all the trades unions—particularly the GMB, Unite and Unison, which have worked long and hard on this—as well as the Royal College of Nursing, the British Medical Association and the National AIDS Trust, which provided some important advice at the last minute.

I do not often say something like this, but many Conservative colleagues have helped me to get as tough a Bill as possible out of the Government parliamentary counsel. In particular, I am enormously grateful to the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), whom I think of as a friend. He was quite helpful when I broke my leg playing rugby—at Twickenham, incidentally—so I have to say that. I really never thought I would say this sentence, but I would like to thank the hon. Member for Shipley (Philip Davies), because he has lent considerable support to making sure that we are all singing from the same hymn sheet.

Finally, I thank the Minister. I have had a few tussles with some Ministers over the legislation. It is only right and proper when we are considering a new offence under which people may be sent to prison for a considerable period to have a barney about how precisely we draft that legislation. I am grateful to the Minister on the Front Bench and his colleagues. I very much hope that the Bill will have unanimous support. I hope, too, that the public who are watching will not think it an anti-climax if there is no vote. That simply means that the view of the House is unanimous: we will not put up with assaults on emergency workers.

10:14
Stephen Crabb Portrait Stephen Crabb (Preseli Pembrokeshire) (Con)
- Hansard - - - Excerpts

I intend to speak briefly because I know that many other colleagues want to speak. I am grateful to you, Mr Deputy Speaker, for calling me so early in the debate.

I congratulate my good friend the hon. Member for Rhondda (Chris Bryant). He is a friend—sometimes, a critical friend—and we have worked well together on numerous issues over the years. It has been particularly good to see the very careful way in which he has sought to garner cross-party support for the Bill. I have been impressed by how he has worked with Ministers to try to refine some of its details. I hope that the Bill will enjoy a successful Second Reading and that we can move forward and work out some of the details in Committee.

I was pleased that the hon. Gentleman asked me to be one of the sponsors of the Bill. I am of course delighted to be in the House today to stand with emergency workers from my constituency of Preseli Pembrokeshire, and from all across the UK, and join in sending what I hope will be a strong signal from the House about how we value them, the esteem in which we hold them and what we intend to do to improve their working lives. I also congratulate the hon. Member for Halifax (Holly Lynch). I do not know her well, but she did much of the groundwork for where we are today and a lot of the credit goes to her for the work she has previously done.

The Bill now has Government support. I know from my meetings with the Minister for Policing and the Fire Service and with Justice Ministers that they genuinely desire a serious, useful and practical piece of legislation to put on the statute book to ensure better legal protections for emergency workers. I am impressed by the spirit with which they have responded to the private Member’s Bill introduced by the hon. Member for Rhondda. There is widespread support right across the House for the aims of the Bill and the measures in it.

In researching the aspects of the Bill with which I am less familiar, I have tried to speak to local officers during the past few weeks. I was impressed by the response I received from officers in my constituency and right across the Dyfed-Powys police force area, as well as by representatives of the local branch of the Police Federation. This time last Friday, I was in a meeting with local members of the Police Federation and a number of police officers to talk specifically about the Bill and other matters affecting them, and I was genuinely moved by some of the experiences they shared with me.

Officers do of course train and prepare for potential attacks and assaults. In some ways, that is part of their career and they expect it to happen at some point. The Dyfed-Powys police force area has some of the lowest crime rates anywhere in the country—it is a truly wonderful place to live: we do not have high levels of crime—but what struck me when talking to these officers was the sheer frequency with which assaults occur even in such a police force area.

It is true that all the offences the officers described are already covered in legislation—under the current statute book, it is not considered okay for attacks to happen on emergency workers—but I am nevertheless totally persuaded by the case they made last week, and by the case the hon. Gentleman has made, that our framework of legislation is too weak in this respect. I therefore very much support the Bill’s aim to strengthen the legislation on assaults on emergency workers.

Such assaults often occur when an officer seeks to apprehend a suspect. In one incident in my area, when police officers sought to arrest a man wanted for questioning about a domestic assault, the man drove at them in a tractor. He went on to attack one of them with a long-handled sickle—a sword, basically. He killed the police dog that was with the officer, and the officer narrowly missed being seriously injured. No one should think for a moment that such an incident does not leave a serious and deep mark on all the officers present at the scene.

Nusrat Ghani Portrait Ms Nusrat Ghani (Wealden) (Con)
- Hansard - - - Excerpts

My right hon. Friend is making a very valid point about how brutal and shocking such attacks can be. I want to draw attention to one involving staff from the South East Coast Ambulance Service. While they were on duty and trying to deal with a road traffic incident, they were charged at by a driver in a car. They were attacked before they could get out of the ambulance, and had to deal with someone who might injure them before they could deal with the incident itself. Does he agree that most of our constituents do not fully appreciate the risks our emergency workers have to take?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

I agree with my hon. Friend. The vast majority of incidents never appear in newspapers and never get talked about in the media. They are hidden and affect just the officers and their families. At a time when so much good work is going on in the field of mental health and policing, we should also recognise the physical, psychological and emotional impact that an assault can have on an officer and their family. It is all too easy to forget that emergency workers are human beings too: they are mothers, fathers, daughters, sons, friends and loved ones.

David Morris Portrait David Morris (Morecambe and Lunesdale) (Con)
- Hansard - - - Excerpts

My right hon. Friend mentioned an unfortunate skirmish in his constituency in which a police dog was attacked and killed. Does he agree that it would be pertinent for the Bill to incorporate a response to attacks on animals that work in the police force and other emergency services, so that the law could deal equally with such perpetrators?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

I understand my hon. Friend’s point, but I will resist the temptation to draw this debate into a discussion about the detail. We will have time in Committee to sort that out. Let us stick to the broad principles today.

One officer with whom I spoke told me that she had recently had her nose broken on duty and that her daughter is now afraid every time her mummy puts on her police uniform—she is afraid to see her mum go to work. The impact extends far beyond the individual officer. The psychological fallout can be exacerbated when the perpetrator is seen to walk away with what seems like a slap on the wrist. If only it were a slap on the wrist; as the hon. Member for Rhondda has said, all too often it is nothing at all.

Antoinette Sandbach Portrait Antoinette Sandbach
- Hansard - - - Excerpts

In 2015-16, there were 668 attacks on NHS staff in the Cheshire and Wirral Partnership NHS Foundation Trust, none of which were reported for criminal sanction.

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

Those are shocking figures. There is a real sense of anger, certainly among the police officers with whom I spoke and other emergency workers, when they have suffered an attack and see those responsible walking away from court with no punishment at all. That is a factor in people deciding to quit these really important occupations in our society.

Another female officer in my police force area shared an incident with me. She was punched in the face, causing her lip to bleed. The suspect was known to be infected with hepatitis C and had a cut on their hand as well. That immediately put the officer in significant danger, as there was a possibility that her own blood could be contaminated. The officer was, of course, required to have blood tests and was prescribed antibiotics to try to prevent an infection. After two weeks’ leave, the officer returned to duty. However, she will not receive her blood test results for another eight weeks and feels that her life has in effect been put on hold. It was particularly galling for this female officer to hear that the suspect, who was convicted, received a prison sentence of only five weeks, which means that they will be out of prison weeks before the officer gets her blood test results.

The fact is that far too many of our police and emergency workers believe that their experiences of assault are not treated seriously enough by the judiciary and that laughable sentences are given to their attackers. Therefore, I welcome the tougher approach that the Bill provides.

Of course, it is not just the police who face assaults. Even more incomprehensible, in some ways, is the sheer frequency of attacks on paramedics, firefighters, nurses and prison officers—people who put their own lives and safety at risk for others—when they are trying to perform their duties.

In addition to the figures shared by the hon. Member for Rhondda, figures that I saw earlier this year indicated that attacks on firefighters had trebled across Wales. South Wales fire and rescue service reported 31 incidents between April 2016 and March 2017, up from just 12 in the previous year. It said that its crews had been subjected to verbal assault and physical abuse, including having bricks thrown at them.

Jim Fitzpatrick Portrait Jim Fitzpatrick (Poplar and Limehouse) (Lab)
- Hansard - - - Excerpts

I am grateful to the right hon. Gentleman for citing the figures from Wales. The Scottish fire and rescue service also collates the figures, but the House of Commons Library briefing for this debate has no national figures because they are not officially collected. Does he agree that that omission from public data should be addressed?

Stephen Crabb Portrait Stephen Crabb
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I agree with the hon. Gentleman. The devolved Administrations have their own systems for collecting data, but that should not be a barrier to ensuring a proper UK-wide picture of what is going on across the whole country.

If we are serious about taking a zero-tolerance approach to mindless attacks on frontline workers, let us ensure that we have a framework of law that reflects that, not only for the police but for firefighters, paramedics, nurses and prison officers. There have been calls for the scope of the Bill to be widened to include workers in other health and care settings. As I have said, that is a matter for discussion in Committee. The important priority today is to ensure that this Bill passes its Second Reading with the strongest possible support from across the House.

Before I finish, I wish to address one more aspect, which is the proposed powers to take blood samples and non-intimate samples such as saliva. When I began my research, I confess that I did not appreciate the significance of this issue in the context of assaults on emergency workers. One of the officers I met last week described an assault when she went to assist a woman at a domestic incident. The woman turned aggressively on the police officer and attacked her, causing several injuries including significant bleeding when she dug her long fingernails into her hand. The attacker then shouted at the officer that she was carrying a blood disease. For the past five months, that officer has been living with stress and anxiety over what she may or may not have been infected with. No samples have been taken from the attacker to check whether or not she was lying, so the officer has faced the long process of being tested herself. She told me how she has been afraid of just how much physical contact she should give her own children, for fear of passing something on. The right to take samples from suspects will rapidly accelerate the process of determining a potential contraction and will give a confident assurance to those emergency workers affected that we are here to help them through the situation.

There is plenty of detail to be worked out in the Bill, but this morning gives us the opportunity to show our strongest possible support for its Second Reading. It is a chance to signal the extent of our respect and support for our emergency workers. This is not just about signalling, however. I am sceptical of proposed legislation that is just declaratory or that contains just rhetoric; the important point about this Bill is that it is practical and useful, and its measures will make a real difference to the working lives of some of the most important people in our society.

10:26
Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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I am delighted to speak on Second Reading. First, I must pay tribute to my honourable friend—in the truest sense of those words—the Member for Rhondda (Chris Bryant), who has taken on this campaign, pushing it forward with his trademark tenacity, attention to detail, pragmatism and, of course, humour, which have allowed us to get to where we are. I know that I channel the voices of frontline emergency service workers all over the country when I thank him for the leadership he has demonstrated with this Bill.

For those who are not familiar with how the “Protect the Protectors” campaign started—which surely cannot be that many people now, given that I am genuinely losing my voice from having told the story so many times this week alone—it began last summer when I took the opportunity to join West Yorkshire police in my constituency for a Friday evening late shift, shadowing a single-crewed response officer responding to 999 calls.

It was not long into my time with PC Craig Gallant that the on-board automatic number plate recognition system flagged up that a car we had just passed should be stopped in order to speak to the driver about drugs offences. When the blue lights were put on, the driver initially sped away, but after a short chase, he eventually came to a stop. PC Gallant got out of the police car to speak to the driver, asking him to get out of his vehicle, but the driver, who had passengers in his car, refused to do so. It was a warm summer’s evening in an area of Halifax where, unfortunately, deprivation has fed a variety of social challenges, and those out on the streets took an almost instant and tribal dislike to the lone officer in their community.

While PC Gallant persevered with the driver, passers-by and passing vehicles began to take an interest, and a small and increasingly agitated crowd began to gather. The situation very quickly escalated when further vehicles pulled up at speed. The occupants of those cars got out to confront the officer, while the passengers of the first vehicle sought to escape by getting into one of those that had just arrived. Now facing a hostile crowd, with those engaged in criminal activity seeking to create havoc to facilitate a getaway, and some residents, disappointingly but probably unknowingly, assisting them by joining the threatening gang that had gathered, PC Gallant locked me in the police car for my own safety and was forced to draw his baton to protect himself while instructing the crowd to move back. Locked in the police car, I was equipped with nothing more than a fluorescent observer jacket. I did not know if PC Gallant had called for back-up and I did not know how to use the car radio to make contact with the control room. I cannot stress to colleagues enough the sense of powerlessness: the fear that I might have to sit in that police car and watch him take a beating, or worse. I decided that calling 999 directly was the fastest way to make contact with the control room. I cannot convey either just how it felt, having asked for the police, to be told repeatedly by an automated message, “Please hold the line.”

What was probably only seconds felt like an eternity while I watched the scene unfold. Having finally been connected, I relayed the situation to the control room. To say I was relieved when reinforcements arrived is something of an understatement. After the passengers from the first car had managed to escape, despite PC Gallant’s best efforts, their quick getaway and the arrival of further officers meant that the situation was defused fairly quickly. Astonishingly, no injuries were sustained on that occasion. It is fair to say that PC Gallant remained much calmer than I did throughout the ordeal, but I saw for myself just how quickly situations can become dangerous and just how vulnerable officers are when they are out on their own.

Those who attended the photo drop-in on Wednesday—I thank all those who did—will have had the opportunity to meet PC Gallant, who, after the incident, simply got on with the rest of his shift and shook it off, having not been assaulted on that occasion at least, unlike on so many others.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
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I thank my hon. Friend for giving way and it is good to see her having a glass of water. I met PC Gallant the other morning. She has given us a powerful and shocking report of the incident she witnessed. Does she agree that our constituents would be shocked to find out how many attacks take place? For instance, the Police Federation survey estimates there were nearly 21,000 attacks on police officers just in Gwent in 2015-16.

Holly Lynch Portrait Holly Lynch
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I am grateful to my hon. Friend for that intervention. This is what we are seeing increasingly. It is both the frequency and the severity of these incidents. If we do not take this opportunity to act and address them, they will become more normalised and we absolutely do not want that to happen.

Having shared that experience with colleagues during an Adjournment debate last October, I then found myself inundated with what can only be described as horror stories from not only the police, but emergency service workers from all over the country who had been subjected to assaults that seem to be increasing in both frequency and severity. What thoroughly depresses 999 and NHS workers is that sentences handed down to offenders for assaulting them often fail to reflect the seriousness of the crime, or, more crucially, to serve as a deterrent. Many described feeling like they had suffered an injustice twice. first at the hands of the offender and then again in court when sentences were unduly lenient.

We make the laws in here, but we ask the police to uphold and enforce them out there. To assault an emergency service worker is to show a complete disregard for law and order, for our shared values, and for democracy itself. That must be reflected in sentencing, particularly for repeat offenders. Because of the separation between lawmakers and the Sentencing Council, we have sought to explore all the ways we could toughen legislation in the Bill to protect those on the front line.

In previous speeches I have made on this subject, I told Parliament about how, just days before my shift, PC Vicky Tompkins had responded to a call in my district. On arriving, she was head-butted by an offender, knocking her to the floor. The assault snapped one of her teeth and dislodged another, causing other fractures to her mouth and face. She had to have temporary filling work and a splint put in her mouth. There is a video of PC Tompkins recounting the incident on the Police Federation’s website, which is incredibly difficult to watch. The offender was released and went on to assault another police officer not long after.

I was proud to see PC Tompkins receive an award at the district awards in June this year, following the role she played in saving the life of a suicidal young woman who was holding on to the outside of a multi-storey car park by her fingertips. Since then, however, PC Tompkins has joined the increasing number of those who have handed in their resignation and taken the decision to leave policing. I take this opportunity to thank her for her service and to let her know that her experience has fed into this campaign, which I hope will make a significant difference in protecting those who continue to serve and those who will serve.

Victoria Atkins Portrait Victoria Atkins
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I am grateful to the hon. Lady, who has fought a magnificent campaign over the past 12 months. We worked together when I was a Parliamentary Private Secretary to the Home Office. I commend her for seeing this legislation through with the hon. Member for Rhondda (Chris Bryant). The scenes she describes are upsetting and just plain wrong. Does she agree that investing in body-worn cameras for police officers will help them to secure convictions, and, I hope, higher sentences, and perhaps save them from the arduous task of having to give evidence in court and be cross-examined to explain what happened? The videos will show what happened to them and I hope that will increase convictions in these circumstances.

Holly Lynch Portrait Holly Lynch
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I am really grateful for the hon. Lady’s intervention. I thank her for her support. We had an open dialogue when she was in her previous role, which was incredibly helpful. She is absolutely right that body-worn video has given frontline officers in particular the assurance that, should they be confronted in that way, there will be an evidence base that will help to secure prosecutions in court, which is what we all want.

Jo Churchill Portrait Jo Churchill (Bury St Edmunds) (Con)
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On that point, in a recent conversation with police officers in Bury St Edmunds, they said how beneficial body-worn videos are. Is there scope in the Bill for their use in other circumstances, for example for those who work in ambulances and so on who also go into very aggressive situations? They could help them, too.

Holly Lynch Portrait Holly Lynch
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Again, I am grateful for that considered and thoughtful intervention. There are lots of issues surrounding the challenge we are trying to address. Legislation and sentencing is one element, and, as legislators, that is our brief, but there are all sorts of conversations about personal protective equipment. Are our frontline emergency service workers carrying everything that would be helpful in those circumstances? The hon. Lady is right that we can look in Committee at where there is scope to incorporate that, but some of those conversations will need to happen beyond this legislative process.

The second aspect of the Bill aims to deal with the hideous act of spitting at emergency service workers. As well as being horrible, spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. At an event organised by Rob Marris, the former Member for Wolverhampton South West, I met PC Mike Bruce and PC Alan O’Shea of West Midlands police, who were also able to join us for the drop-in on Wednesday; my hon. Friend the Member for Rhondda recounted one of those conversations earlier. Both officers had blood spat in their faces while trying to arrest a violent offender. They both had to undergo antiviral treatments to reduce their risk of contracting communicable diseases and they faced a six-month wait to find out whether the treatment had been successful.

During that time, PC O’Shea’s brother was undergoing treatment for cancer. Because it was deemed by professionals that the risk of passing on an infection was too high should he have contracted a disease, he was advised not to see his brother throughout that intervening period. He was also advised not to see his parents, because they were in such regular contact with his brother. PC Bruce had a false positive result for hepatitis B, and, for six months until conclusive test results came through and following further tests within his family, he was understandably reluctant to be close to his wife or children, fearing for their wellbeing. Victim impact statements provided by both officers outlining their experiences, failed to secure a custodial sentence for the prolific offender. Conversely, it only empowered him further. He left court knowing that he had a much greater impact on their lives than he had initially thought and showed absolutely no remorse. At the moment, as we have already heard, if an emergency service worker is spat at, they can take a blood sample from an individual only if that person gives their permission. Needless to say that in the case of PC O’Shea and PC Bruce, the offender was not in a helpful mood, so they were subjected to antiviral treatments and a six-month wait.

The Bill would protect not just police officers, but all blue light emergency responders, as well as healthcare professionals, those engaged in search and rescue work, and prison officers.

David Morris Portrait David Morris
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I have read in the newspapers—in truth, I do not know if this is correct—that when people have an AIDS test or something similar, their insurance is reviewed. Could we put in the Bill, during the Committee stage, special provision for emergency workers so they are not penalised in this way by certain insurance companies?

Holly Lynch Portrait Holly Lynch
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That had not been brought to my attention until now, and I will certainly look into it. This too may be a conversation that we need to have outside the context of the Bill, but we will undoubtedly explore all the opportunities during its passage.

A report published in December by Yorkshire ambulance service revealed that staff faced “violence and aggression” on a weekly basis. There was a 50% increase in the number of reported incidents of verbal and physical attacks on staff, with 606 incidents reported in 2015-16. Richard Bentley, a paramedic in Leeds who was also with us on Wednesday, told the BBC that he had faced three serious assaults in five years He had been bitten, head-butted, and threatened with a knife. Members of West Yorkshire fire and rescue service have also reported being subject to assaults. On bonfire night, the service received 1,043 calls, with crews attending 265 incidents. It was disgraceful that, faced with such pressures on the busiest night of the year, firefighters in West Yorkshire were subject to 19 attacks overnight.

The Bill would also cover assaults on prison officers. Over the past 15 years, there has been a steady but dramatic increase in the number of reported incidents of prison officers being spat at or bitten. We should bear in mind that anyone can spit. People do not need to go to the trouble of acquiring or fashioning an offensive weapon in order to inflict life-changing consequences on another person; they can simply use their own bodily fluids. Regardless of whether the spitter has a communicable disease, the inability to determine that at the time of the incident leaves emergency service workers with no choice other than to undergo antiviral treatments and face an agonising six-month wait. When I checked with the Prison Officers Association, it confirmed that a prison officer would be expected to be at work during the intervening time, and—unlike those in the other services—might be asked to return to his or her duties on the same wing, to face the spitter every day of that agonising period.

When I was growing up, my mum was a nurse and my dad was a police sergeant. When she was working in A&E, someone tried to kick my mum in the stomach while she was pregnant with me. My dad received a bravery award following an incident when he came home absolutely black and blue after a violent offender had resisted arrest. I am pleased to say that he succeeded in making that arrest.

This is not a new issue, but in my time as an MP I have seen that the threats facing our emergency service workers are more prevalent than ever. If we do not take this opportunity to act, we shall be letting down some of the bravest in our society and those on whom we all rely the most. I am very pleased that the Government recognise that fact, and that we are, I understand, working together to deliver changes that would go some way towards giving our emergency service workers the protection that they need in order to do their jobs and keep our communities safe.

10:42
Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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I, too, support the Bill. It is a pleasure to follow the hon. Member for Halifax (Holly Lynch) and the hon. Member for Rhondda (Chris Bryant), who rightly made the point that an assault on an emergency worker is not just a simple case of disrespect, but undermines the very fabric of our society. That places such assaults in a category all their own.

The hon. Gentleman also said that lawyers had a part to play, and I hope that, as a lawyer myself, I shall have some sort of contribution to make. During the 20 years or so in which I practised before coming to this place, my experience was that courts generally treated assaults on frontline and emergency workers in a context of aggravation, and that tougher sentences tended to be imposed. Notwithstanding that, it is right for us to put those protections in statute and reassure emergency workers in particular, when they go out to serve us and deal with the public, that we, as a Parliament, a country and a society, are behind them through legal means.

While, as I have said, I fully support the Bill, I hope that the hon. Member for Rhondda will forgive me if I draw the House’s attention to some of my concerns about it. I genuinely want it to complete its passage through both Houses and become law, but I do feel that it needs an awful lot of work. I have a great deal of sympathy for the hon. Gentleman, because I have presented a private Member’s Bill myself, and I know that it is almost impossible for such a Bill to reach this stage in a perfect state, so this is not a criticism. However, it is important for us to get it right now if it is to succeed.

I have to say that when I read the Bill’s long title I winced, because it referred to emergency workers acting in the execution of their duty, whereas the body of the Bill refers to “the exercise of functions”. It is unclear which of those terms will apply to any legislation. If I understand the procedure correctly, the long title cannot be altered at this stage. I hope that that does not hamstring the hon. Gentleman, and I certainly hope that the Bill will not be constrained by incidents in which workers are simply carrying out the execution of their duty. I have witnessed too many occasions on which people charged with assaulting police officers during the execution of their duty have been able to walk because of a technicality—a breach of the Police and Criminal Evidence Act 1984, for instance—which means that those officers have not, at that precise moment, been acting in the execution of their duty.

Chris Bryant Portrait Chris Bryant
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The hon. Gentleman has made a very fair point. One of the reasons for the difference between (a) and (b) is the fact that the long title was drawn up before the Bill had been written; it was agreed, effectively, on First Reading, and has now been agreed on Second Reading. During the intervening period, a great many people made representations to me about the problem of securing convictions under the tighter definition to which the hon. Gentleman has referred. It is not necessary to change the long title, because it is the main body of the Bill that carries the weight.

Gareth Johnson Portrait Gareth Johnson
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I certainly hope that that is the case. What is positive about this is the fact that there is a cross-party consensus, and the Government are supporting the Bill. I think that an awful lot of work needs to be done by Government lawyers, and I hope that some of the lawyers in the Ministry of Justice will work closely with the hon. Gentleman to ensure that we have a workable Bill at the end of the process.

I also think that the Bill has problems with the definition of an emergency worker. The hon. Gentleman said he accepted that it did not cover all the medical workers that he wanted it to cover. The overwhelming majority of NHS workers would not be covered as things stand. It has been mentioned that people working in minor injury units will not be covered by the Bill in its present form, and that needs to change. A receptionist working in A&E would be covered, but a nurse working on a ward in a minor or other injuries unit would not. That is an anomaly that must be ironed out, and I am pleased that the hon. Gentleman has acknowledged that.

Chris Bryant Portrait Chris Bryant
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We are, in a way, having a Committee stage now. Let me explain how that issue arose. I discussed an original version of the Bill with the very lawyers at the Ministry of Justice whom the hon. Gentleman urged me to talk to. An element was taken out, because we felt that ambulance workers would not be covered, and in the process we lost other workers in the NHS. I have spoken to the Justice Secretary, and he made it clear that we would put that right in Committee.

Gareth Johnson Portrait Gareth Johnson
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I am very reassured by that. It is excellent news.

It is also important, given that courts generally treat assaults on frontline workers as aggravated offences, for the Bill not to say to the courts, “This is Parliament telling you when you should and should not find an aggravated offence”. The danger is that someone who slipped out of the remit of the Bill could end up with a lesser sentence as a consequence. The courts need to understand that this legislation would be in addition to, not a replacement for, the current law. If they do not do so, people who would currently be treated harshly may not be in the future, because Parliament, by implication, has not included them in the body of the legislation.

Requiring emergency workers to be actively carrying out their functions also creates some problems. For example, a paramedic who was simply standing outside a hospital and was assaulted would not be covered by the Bill. I am sure that that is not the hon. Gentleman’s intention, and what I have said is not meant in any way to be a criticism, but I want the Bill to succeed.

The hon. Gentleman has rightly tried to include people who are off duty. As we know, emergency workers, especially police officers, often step in when they are off duty because they want to help someone out in particular circumstances, and it is absolutely right for them to be covered by the Bill. My fear is that the Bill is drawn too widely, because it simply covers any action that, if done while on duty, would constitute working, so it could even cover driving down a road. However, in a road rage situation, the court must—not can, but must— treat that as an aggravating factor, so that needs to be looked at.

The Bill also covers a number of offences under the Offences Against the Person Act 1861, but it does not refer to the Public Order Act 1986. The hon. Members for Halifax and for Rhondda both mentioned situations in which emergency workers were threatened with a knife. That will not be covered under the Bill, and it needs to be. It is not an assault; it is an affray and comes under the Public Order Act as threatening behaviour. Therefore, the courts would not treat it as an aggravating factor under this Bill.

I appreciate that some of these matters can be ironed out in Committee, and I reiterate that I fully support the principles behind the Bill. I pay tribute to the hon. Members for Rhondda and for Halifax and all those who have assisted with the Bill. It is vital that we get it into statute and working correctly, but it has some serious problems that have not been addressed. I will try to rattle through some of the brief points I want to make, because I am in no way trying to cause problems for the hon. Member for Rhondda in getting the Bill through Second Reading.

I want to highlight the hon. Gentleman’s definition of “emergency worker”, which for some reason does not cover customs officers, who can often put themselves in an emergency situation where they perhaps need the protection that the legislation would give to other emergency workers.

I am pleased that the Bill covers intimate and non-intimate samples. As we know, there have been many instances of police officers and other emergency workers being assaulted and having their lives placed in limbo. I shall never forget a case at City of London magistrates court where a police officer was in tears in the witness box because he had been bitten by somebody and he had just got married but, because tests were still being carried out on him, he was unable to consummate his marriage. He was unable to live a normal family life and he was in tears as a consequence.

The House appreciates that when an assault takes place on an emergency worker, it is not just the individual emergency worker who is affected; very often it is the family members as well. That is why this legislation is vital and it is right to ensure appropriate penalties for failing to give non-intimate samples. We do not want to end up making it better for someone with an infectious disease to refuse to give a sample because they would only get fined under this Bill, whereas if they gave a sample, that would be an aggravating factor and they would go to prison. That, too, needs to be sorted out.

In conclusion, I hope the Bill gets its Second Reading and is not opposed by anybody in this House. It would be a valuable contribution to the criminal justice system. It would give reassurance to emergency workers, who deserve it. It is a Bill worthy of the valiant emergency workers we have in this country.

10:53
Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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It is a great privilege to speak in this important debate. I want to place on record my thanks to my hon. Friend the Member for Halifax (Holly Lynch) for all her campaigning and the detail in which she spoke this morning on issues such as spitting and why this change in the law is important for those issues.

I also thank my Welsh hon. Friend the Member for Rhondda (Chris Bryant) for his fantastic speech and campaigning on this issue. We should remember that his constituents—the people of the Rhondda—voted for him to choose this as his private Member’s Bill. I think that would have been the case in many of our communities, because most people, up and down the length and breadth of this land, are fed up to the back teeth with emergency services workers—the police, A&E staff, prison officers, firefighters or whatever—going to work and just doing their job, yet being treated with such disrespect, being assaulted and their lives being put in danger. That is not right and it should not be allowed. The law is not in the right place at present in this country, and it is absolutely right that my hon. Friend is bringing forward this Bill. I hope it will be supported unanimously and carried through, so that, finally, our country will have better laws on this issue.

When I mentioned to my constituents that I was one of the large number of cross-party co-sponsors whom my hon. Friend had brought together to support the Bill, I asked whether the emergency workers among them had anything they wanted to contribute to this debate. Among the contributions I received was an account from a police officer of why he wants the Bill to be passed. He wrote:

“I was the first to arrive and witnessed a man (a martial arts instructor) assaulting a female and telling her that she was going to die. This man was charged with attempted murder of the female in relation to this assault so I’m sure you can imagine the gravity of the assault taking place before me. The lady was being manually choked on the floor and punched to the face in an attempt to kill her. She was struggling to breathe and could not survive much longer.

I used my limited equipment of captor spray and baton in an attempt to physically hurt the man sufficiently for him to stop trying to kill the lady as my verbal commands fell on deaf ears. Eventually he dropped her like a rag doll allowing her to run for safety.

He then turned to me, adopted a fighting stance and said these words: ‘Now you are going to die’.

The man then began to punch me to the head countless times. As I stated, this man was a martial arts instructor and he was in a rage. I defended myself and fought back as best I could until a colleague arrived and we overpowered the assailant.

The man continued to make threats, stating that he would have killed the female victim had I not arrived and killed me had my colleague not arrived at the scene.

Whilst he was charged with attempted murder he pleaded guilty to threats to kill (in relation to me) assault upon the female and possession of an offensive weapon (in relation to a knife that he took with him to commit the assault). He received six years and four months imprisonment and nothing in relation to assaulting me.

At the time the Judge stated that the actions of my colleague and me prevented the man from killing the woman.”

This account shows what an outrageous position we currently have with the law in this country and it is high time that we changed it. I wholly support the attempt by my hon. Friend the Member for Rhondda to do so.

10:58
Kemi Badenoch Portrait Mrs Kemi Badenoch (Saffron Walden) (Con)
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I welcome this Bill and I am very happy to support the hon. Member for Rhondda (Chris Bryant) on this cross-party issue.

The nature of crime is changing. It is becoming more violent and more aggressive. Even as we see crime numbers fall, add the threat of terrorism, coupled with the sheer number of incidents involving mental health issues, and I can understand why police officers in my constituency feel besieged. My constituency is large, at about 400 square miles. That adds challenges, not just because of the size and scale of policing in our community, but because of the sense of isolation. Thirteen officers in Essex are assaulted every week. There were 666 reported cases between April 2016 and March 2017, but the real figure is far higher, because many cases go unreported. Police officers in my constituency tell me that they are scared and do not feel that the public understand or even care. This Bill sends a message that we do.

Earlier this month, officers in Saffron Walden responded to calls of road workers being threatened with a weapon. They pursued the suspect through difficult terrain. The man, heavily under the influence of drink and drugs, was eventually stopped, only to attack officers with a hammer. Officers present sustained injuries and, if not for their training and professionalism, could have been fatally injured. I am incredibly proud of Chief Inspector Carrington’s team, who put their own wellbeing at risk to keep us all safe.

I am also pleased with the Bill’s provisions for collecting samples from those offenders who spit at our emergency service workers. Spitting is a repulsive act and, when I was a London Assembly member, I worked extensively with the Met police on addressing the issue. I heard story after story of people who were worried about their health, not knowing what would happen as they waited for scary test results. Authorities that wish to use spit guards to protect their officers should be allowed to do so.

Emergency service workers are our first and last resort. These men and women dedicate their lives to us. They run towards danger as we run away. Police officers, in particular, are not typical employees. They accept no employment rights, which means they cannot go on strike. They have to rely on this place to ensure that they are provided with the support they deserve, which is why I support the Bill.

11:01
Gerald Jones Portrait Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
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My contribution to this important debate will be brief.

I congratulate my hon. Friend the Member for Rhondda (Chris Bryant), as others have, on introducing this Bill and on his work to raise awareness of it. I also congratulate my hon. Friend the Member for Halifax (Holly Lynch) on her work in last year’s ten-minute rule Bill and her wider “Protect the Protectors” campaign.

We all know that our emergency service workers put themselves in harm's way every single day. They have no idea what they will face when they turn up for work. They take whatever comes, and they deal with it professionally in the true sense of public service. Our emergency service workers work hard to keep our communities safe and to look after people when they are ill or in danger. Those hugely important tasks are the bedrock of any society, and they do it on our behalf. They therefore deserve our full support and whatever protection we can provide.

Last year I took part in the police service parliamentary scheme, which gave me a small glimpse of the commitment and dedication of police officers, and of the pressure and difficult circumstances they have to deal with on a daily basis. On the scheme I spent some time with special constables. My dad was a special constable with South Wales police when I was young. He was seriously attacked in that role, and it is important that we remember the role of special constables and remember that they are an essential part of the police family. We must also remember that, ultimately, they are volunteers.

Jim Fitzpatrick Portrait Jim Fitzpatrick
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The police service parliamentary scheme is run by Sir Neil Thorne, and I was on the pilot scheme back in 1998. There is also now a fire service parliamentary scheme. I am sure that, like me, my hon. Friend would commend the schemes to all colleagues so that they can get a better understanding of how the police and fire services work. I am grateful that he has mentioned the police service parliamentary scheme, which will raise awareness of it among colleagues.

Gerald Jones Portrait Gerald Jones
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The police service, fire service and armed forces parliamentary schemes give parliamentarians a small but important glimpse of those services at the grassroots and of the daily pressures they deal with on our behalf.

Attacking a police officer is already an offence but, as things currently stand, the legislation is not effective and sentences are not fit for purpose. No specific protection exists for workers in the health service. We know from the Police Federation of England and Wales that the rate of attacks on police officers is unacceptably high—one every 15 seconds according to the latest estimates.

A third of my constituency is within the Gwent police force area, and its records show that 103 police officers have been assaulted since 2015, an average of one a week, 24 of which were assaults on detention staff in custody suites. The larger part of my constituency lies in the South Wales police area, and there, on average, nine officers are assaulted in any given week. Assaults often mean that officers are absent from their duties, which means that police resources are further depleted at a time when police numbers are significantly down owing to cuts.

The actual figures might be much higher, as there is evidence to suggest that officers report only the most serious cases, while the rest go unreported. That is replicated across our emergency services, as we have heard this morning.

We also know from figures released by South Wales fire and rescue service in June that there has been a 158% increase in the number of attacks against its crews in the past 12 months. Fire crews have been subjected to verbal and physical abuse and have had objects such as bricks and fireworks thrown at them as they respond to incidents, which is clearly unacceptable. Figures released in December 2016 show that NHS staff in Wales have been physically attacked more than 18,000 times over the last five years.

The evidence is there. Society supports our emergency services and the Bill, as highlighted by the survey of my hon. Friend the Member for Rhondda. Parliament must act and send the strongest possible message that attacks on people working on behalf of the public will not be tolerated. One of the most effective ways to do that is to create a new aggravated offence of assaulting an emergency service worker and to make it an offence for a person who has spat at or bitten an officer not to supply an appropriate sample.

I fully support the Bill and urge others to do likewise. There seems to be a sense of unity across the House on this issue, which is entirely appropriate and very welcome.

11:06
Kelly Tolhurst Portrait Kelly Tolhurst (Rochester and Strood) (Con)
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I am extremely pleased to speak in this debate. I congratulate the hon. Member for Rhondda (Chris Bryant) on introducing the Bill. His speech was very good, and it was lovely to listen to him. I also congratulate the hon. Member for Halifax (Holly Lynch) on working with her colleagues over the past 12 months to highlight the issue.

It is great that a Bill has finally been introduced to address the desperate calls to deal with assaults on our emergency workers. I will cover three important points: matching the punishment to the crime; ensuring that NHS emergency workers are protected; and having the ability to take bodily samples where there is a risk of disease transmission.

First, it is high time that we started protecting our protectors and ensuring that the weight of punishment was in balance with the weight of the crime. At the moment, the penalty for assaulting a frontline worker is far too low, and the aggressor can get away with just a fine, whether it be for spitting, biting or punching a public servant. There have been many examples of such assaults resulting in victims having periods out of work, yet the perpetrators get off scot-free.

I am blessed in Rochester to have some amazing police community support officers.

Chris Bryant Portrait Chris Bryant
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I have been to Rochester.

Kelly Tolhurst Portrait Kelly Tolhurst
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The hon. Gentleman has been to my constituency many times. I am keen to see what happens to the definition of “emergency worker.”

Jo Churchill Portrait Jo Churchill
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When we tease out that definition in Committee, I will offer up lone workers such as general practitioners who go out on call on their own. The definition should encompass the broader point. As my hon. Friend the Member for Saffron Walden (Mrs Badenoch) said, those of us who represent large rural constituencies, including the hon. Member for Rhondda (Chris Bryant), know that people are often going into unknown situations on their own.

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank my hon. Friend for her intervention. I was just going on to say that in Rochester I am blessed to have some amazing PCSOs. These individuals go well above and beyond their job description in how they deal with the community. One particular officer, who is part of the community and often works on her own, was attacked this year after going to help somebody. She was supported and assisted by a member of the public who was outraged at what they were seeing. PCSOs do a massive job, so it is important that they are highlighted in the definition.

We have talked about officers having to have time off work, but we must consider the mental impact on an individual who experiences any kind of abuse and physical attack. It affects them but they never quite know how it will do so. It was sad to hear the hon. Member for Halifax mention that she has had contact with policewomen over the past 12 months who are now leaving the profession—that is devastating.

Clearly, we do not currently have the legal framework to ensure that there is proper sentencing, so I am pleased that clause 2 will introduce a new aggravating factor of a more serious degree of harm than usual. That is essential, as the aggressor is hurting not only the public sector worker—our emergency frontline worker—whom he or she has abused but the entire sector. When a police officer is forced to take leave following a violent incident, that force is left short-staffed, which can have a direct impact on the entire area, particularly in rural areas, as we have heard. The same can be true in any public sector, and I find this wholly unacceptable. Why should UK taxpayers have to receive a lower quality of service purely as a direct consequence of an individual’s reckless actions against another member of our community? Put simply, we cannot allow our public services to be weakened by the callous actions of individuals who are indifferent to the negative impact their behaviour has on the rest of our community. If we ensure that the presiding judge takes the wider impact into consideration and we increase the maximum sentencing time, I am positive that offenders will be less likely to assault a frontline worker.

Secondly, it is imperative that all public sector workers on the frontline are protected. The amount of physical and verbal abuse that I have seen spewed at A&E staff and other emergency workers is disgraceful, and we need to protect them. I wish to recount one quick story. Prior to being elected, I had a serious operation and I was in an A&E unit for a number of hours waiting for a life-threatening complication to be treated. I was completely out of it because of the pain, but I recall the abuse and aggression from the individual in the next cubicle while I was suffering. It was appalling, and it is terrible that we have to have police officers standing in our A&E departments—that is an outrage in itself. It is therefore great to be having this debate, but I just wanted to mention that.

Given that Scotland modified its emergency workers legislation to include healthcare workers nine years ago, I am pleased that we are now taking steps to follow suit, which is why I support the hon. Member for Rhondda wholeheartedly in his Bill. Many will agree that as our emergency services are already under pressure, this withdrawal of staff from active duty and, thus, a reduction in the service, is intolerable.

My third point relates to clause 4, which introduces new provisions for taking bodily samples from those suspected of assaulting an emergency worker. It is simply wrong that an emergency worker would have to go out of his or her way to ensure that they have not been infected with a disease after being assaulted. Working on the frontline may increase the risk of the transmission of an infectious disease, so our greatest concern should be to protect those who are tirelessly protecting us. By agreeing to this clause, we can save our emergency workers from that extra hassle and the mental stress and hell of having to go for weeks not knowing what has happened, as other hon. Members have mentioned. The taking of a non-intimate sample can save the victim considerable time and stress, by providing a definite result in the first instance. I very much welcome that.

I fully support the Bill, deeming it necessary legislation, particularly at the present time. While crime rates continue to increase, serious assaults on prison staff have trebled since 2013, and last year there were 24,000 assaults on police officers in England and Wales. In the short term, that has a direct impact on the frontline staff, who already have to deal with a plethora of challenges and situations. In the long run, not having these powers is not sustainable. I agree with the Minister for Policing and the Fire Service that we have to send the strong message that assaulting any kind of emergency worker will not be tolerated in any form. This Bill goes a long way towards doing that.

In closing, I would like to thank everyone who has been involved in this process, and I am extremely pleased to be here to support the hon. Member for Rhondda today.

11:09
Jim Fitzpatrick Portrait Jim Fitzpatrick (Poplar and Limehouse) (Lab)
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I am grateful for the opportunity to make this brief contribution and pleased to follow the hon. Member for Rochester and Strood (Kelly Tolhurst), who made a positive contribution and added her own story to some of the moving and horrific stories that we have heard and which have been experienced by emergency service workers across the country.

I congratulate my hon. Friend the Member for Rhondda (Chris Bryant) on choosing this subject for his private Member’s Bill. He correctly and generously added his acknowledgement of the work that my hon. Friend the Member for Halifax (Holly Lynch) has done in getting the Bill to where it is today. Curiously, and ironically, one of the most significant legislative achievements of parliamentarians is to win the private Members’ ballot. Clearly, that requires consummate skill, and perhaps my hon. Friend the Member for Rhondda can share how he did it with the rest of us, who have been struggling for 20 years and been unable to achieve it.

Chris Bryant Portrait Chris Bryant
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I had always wanted No. 18, as it was my number at primary school, and the first year I got that number, I won.

Jim Fitzpatrick Portrait Jim Fitzpatrick
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Well, there we are—that is the secret. I was going to poke some fun at my hon. Friend and say that his constituents must be proud of him, but of course having heard that he canvassed his constituents I am sure that they are actually very proud to see him introducing the Bill today.

I should declare that which a number of colleagues know: I was a member of London fire brigade for 23 years before being elected to this place. During my 13 years as an operational firefighter, the great anomaly was that on 364 days of the year there were always those, young and old, who wanted to come into the station to see the fire engines, but on 5 November we were not always that popular. In my day, there were many fewer organised bonfires and firework displays, and sometimes they needed fire attention and dousing for public protection. In the approach to fireworks season, whether Diwali, which is on now, or Guy Fawkes night, I hope we have a safe period for all celebrating. We have heard too often of fireworks being used as weapons against police, fire and ambulance workers.

I am grateful to the House of Commons Library, the Fire Brigades Union and London fire brigade for their briefings on this debate. The House of Commons Library briefing says, “Prime Minister Nick Hurd”—[Interruption.] Sorry, I meant to say Policing Minister, although some of us see the hon. Member for Ruislip, Northwood and Pinner (Mr Hurd) as a future Prime Minister—and the hon. Member for East Surrey (Mr Gyimah) has also been mentioned as a prospective future Prime Minister. The House of Commons Library briefing cites the Policing Minister as saying that

“the Government supports the spirit and principle of the Bill, but that ‘there will be detail to work through’.”

Of course that is great news for the whole House, where we have heard positive speeches from Members on both sides indicating that the Bill will pass Second Reading. The briefing goes on to list the number of assaults and attacks, saying that the Home Office estimated that there were 24,000 assaults on police officers in 2016-17 and that the latest bulletin from the Ministry of Justice on safety in prisons in England and Wales says that there were more than 7,000 assaults on prison staff.

On the subject of NHS staff, NHS Protect—which my hon. Friend the Member for Rhondda mentioned as being under threat—states that, according to the figures it has collected, more than 70,000 staff were affected in 2015-16.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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I was in Moorfields hospital the other day, having had an eye haemorrhage, and as I sat there during the afternoon, three instances came up on the screen of someone being assaulted in one of the cubicles. I think that numbers such as those are grossly under-reported. Does my hon. Friend agree?

Jim Fitzpatrick Portrait Jim Fitzpatrick
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My hon. Friend quotes from personal experience, and we have heard anecdotes in other contributions in the Chamber this morning that officers and hospital staff are reluctant to report incidents other than the most serious. Clearly, there seem to be barriers preventing all the assaults that appear to be taking place from being put on record. My hon. Friend makes a powerful point, and I am sure that the Minister will want to comment on it. I am also grateful to her because she gives me the opportunity to mention West Ham. Just as an aside, we need three points against Brighton this evening.

In an intervention on the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), I mentioned that there were no data on attacks against firefighters. Dr Paul Hampton from the Fire Brigades Union has written to me:

“You probably know that data on attacks on firefighters is not published by the Home Office for England (figures are published in Scotland by the Scottish Fire and Rescue Service).”

The right hon. Gentleman indicated that there are figures for Wales, and other hon. Members have made that same point. Dr Hampton continues:

“So I think you can make the points about the lack of central government monitoring and under-reporting in the debate.”

That supports the point made by my hon. Friend the Member for West Ham (Lyn Brown), and I would be grateful if the Minister commented in his winding-up speech on the absence of data on firefighter assaults in England.

Matt Wrack, general secretary of the Fire Brigades Union, made this point:

“It is never acceptable for anyone to go to work and have to put up with verbal abuse or physical assault. Yet that is what fire crews are now facing on a daily basis in some areas of the United Kingdom.”

That was written 10 years ago, and sadly it is still true today.

Fiona Onasanya Portrait Fiona Onasanya (Peterborough) (Lab)
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Does my hon. Friend agree that the stark reality is that members of the public might think that it is par for the course that this sort of thing happens to people who do these jobs? Does he also agree that the Bill will use the full force of the law to show that we unanimously disagree that the people who protect us should have to go through that?

Jim Fitzpatrick Portrait Jim Fitzpatrick
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My hon. Friend makes a powerful point, which has also been made by a number of colleagues, not least my hon. Friend the Member for Rhondda. The emergency services face enough difficulties and threats to their wellbeing because of the nature of the job they do, and they are therefore entitled to whatever additional protection we can give them. I fully agree with my hon. Friend the Member for Peterborough (Fiona Onasanya) on that point.

I want to conclude on a more positive note by making a comment on prevention rather than on dealing with perpetrators after an assault. Ms Helen Newton from the London fire brigade has supplied me with a note about one of its successful initiatives, called LIFE:

“The Local Intervention Fire Education (LIFE) course is a week-long youth intervention programme. It is a programme targeted at young people aged 14-17 who: are at risk of or involved in anti-social behaviour, gangs or other criminal activity; have poor attendance at their educational provision or have been excluded; display challenging behaviour; or are NEET (not in education, employment or training). Starting in Tower Hamlets in 2002”—

it was actually in Shadwell, in my constituency—

“the LIFE project was an innovative approach to engaging with the local community in response to repeated call-out to an estate for youth-related deliberate fire setting and the firefighters being attacked during their response. Running the LIFE courses with firefighters and the local young people helped break down the barriers, develop a respect for the emergency services and educate them about the valuable job they do for their community. Over the course of a week, the young people work alongside the London Fire Brigade to develop skills they can transfer to improve their relationships at home and support their education and future careers. It is a disciplined programme, packed with challenging practical activities which include climbing ladders, working with the breathing apparatus, hoses and casualty rescue techniques. These are interspersed with classroom sessions which teach the young people about social responsibility by learning how their behaviours impact their community, families and themselves. Working alongside the Brigade’s firefighters, they are role modelled positive behaviours and learn to respect uniformed authority figures.

Young people on LIFE may have encountered negative experiences with authority figures such as the police and their teachers, and they view the Fire Brigade in the same light. A positive and supportive rapport is developed with each young person, who then in return develops a respect for the officer they work with and the job they do for the community. Every young person has their progress evaluated by an operational trainer, enabling them to improve their key skills and build a bond of trust. These evaluations form part of a detailed portfolio containing certificates earned through the week, demonstrating a commitment to developing skills such as punctuality, conduct, politeness and effort. The portfolio is presented at a passing-out ceremony at which candidates demonstrate the skills that they have learnt during the week. They are given an individual appraisal by their trainer, and the opportunity to speak about their experiences on the course. Referral agencies, parents and partners attend the pass-out to be presented with their AQA accreditation and portfolio of achievement.”

I have attended many of these pass-out parades. They are hugely impressive events for the trainers, the youngsters and their families, as well as those who sponsor the courses: the police, the City of London, Tower Hamlets pupil referral and others.

I naturally support the Bill, as everyone who has spoken this morning does. I welcome the Government’s support, which is absolutely key for any private Member’s Bill to get on to the statute book. I also hope that the Government will continue to resource initiatives to prevent young people in particular from attacking our emergency service workers.

Finally, I again congratulate my hon. Friends the Members for Rhondda and for Halifax. I particularly thank my hon. Friend the Member for Rhondda for choosing this subject for his Bill. Emergency workers across the country have reason to be grateful to him and his colleagues.

11:27
Tom Pursglove Portrait Tom Pursglove (Corby) (Con)
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It is always a pleasure to follow the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who brings an awful lot of professional experience to the debate, given his career in the fire service. I was particularly interested to hear what he had to say. It would also be remiss of me not to pay tribute to the hon. Member for Rhondda (Chris Bryant), who is undoubtedly a canny parliamentarian. He has introduced his Bill with great skill. In my experience, he has always been happy-go-lucky, so I am not at all surprised that he was successful in the ballot. In bringing forward his Bill, he has made sure that he gets the maximum bang for his buck. We have to get the Bill on the statute book.

The hon. Member for Halifax (Holly Lynch) has also contributed a lot to the debate and championed this work in the House. For her, and for me, there is a personal dimension to all this. Both my parents were police officers. My dad did 30 years’ service and my mum was a frontline officer until she had me, at which point she gave that up and went to work on the administrative side of the police service. I cannot imagine how I would have felt, when I was growing up, if my mum or dad had come home and told me that they had been assaulted at work. I cannot imagine the sense of anger, upset, bemusement and concern that I would have felt if we had had that discussion at the dinner table on an evening while I was growing up.

Lyn Brown Portrait Lyn Brown
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When I was shadow policing Minister, a police officer told me that he used to go home and talk to his children about being very clumsy, because he did not want them to know about the attacks that he had suffered at work.

Tom Pursglove Portrait Tom Pursglove
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It is just horrendous that anybody should feel that they have to go home after work and try to cover up what has happened so that their children will not be concerned about what mummy or daddy does at work every day.

Scott Mann Portrait Scott Mann (North Cornwall) (Con)
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In September 2016, an officer with Devon and Cornwall police was involved in a fracas in Cornwall while arresting two males. One of the males, who was already handcuffed, spat blood and saliva into her face. She attended hospital, where her eyes were washed and blood tests were carried out—the blood testing continued for three months. In the meantime, she was worried every time she went home and kissed her grandchildren and husband. Does my hon. Friend agree that this is completely unacceptable and that we should give all power to the hon. Member for Rhondda (Chris Bryant) in supporting the Bill?

Tom Pursglove Portrait Tom Pursglove
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I could not have put it better myself. We all share the sentiment of “all power to the hon. Gentleman’s elbow” in making sure we get this on the statute book.

It is through the prism of my personal perspective that I look at this issue, but I do not want to detain the House for long because we must get the Bill through Second Reading today. We all support the provisions that underpin it. I want briefly to raise one gap in the law, however, that I hope the hon. Gentleman will consider in Committee. For me, that loophole was brought to the fore in a constituency context by the appalling treatment of a well-respected and dedicated police officer in Corby by the name of Candice Liverpool.

A few years ago, Candice received a report of a domestic dispute at a local address, and she attended the incident with colleagues. The male perpetrator had not committed any criminal offences, and on the attendance of officers he calmed down and the matter was resolved. At that point, he chose to become quite obnoxious to Candice. He did not raise his voice and remained calm, but he was extremely offensive on the basis of her colour. He used extremely derogatory and offensive language and appeared to enjoy her obvious discomfort and that of her colleagues, who were powerless to do anything.

Had the individual behaved in such a manner in a public place, he could have been arrested and dealt with under offences in sections 4 and 5 of the Public Order Act 1986, but that law applies only when the activity takes place in a public place or can be seen or heard from a public place. Because the offensive behaviour took place in a dwelling and could not be seen or heard by anybody outside the property, no offence was committed. In my opinion, that is wrong. I contend that any public employee, while lawfully on any premises, including private dwellings, as a result of their public service or role, should be protected in the law from racist or sexist abuse. To my mind, verbal assault is as unacceptable as physical assault. I hope the hon. Gentleman will consider that important point in Committee. There is clearly a gap in the law that could be filled.

I would also like the issue of the two-month commencement period to be addressed in Committee. I agree with the hon. Gentleman that we need to get through this as quickly as possible, and if time could be made available I would welcome that, but I wonder whether there is any scope to reduce that two-month commencement period so that progress can be made as quickly as possible.

Chris Bryant Portrait Chris Bryant
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The original version of the Bill suggested that Ministers should have to lay an order for the commencement of the Bill to happen, but I was keen that that should not be part of the Bill, and I thought that two months was pretty much the shortest period we could allow for the prosecuting authorities and others to get everything out there. I take the hon. Gentleman’s point, but we would be better off speeding up the processes in Parliament than the process after.

Tom Pursglove Portrait Tom Pursglove
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I am grateful to the hon. Gentleman for that clarification, which addresses my point. We should consider anything that can be done to speed this up.

Like colleagues across the House, I pay tribute to emergency service workers in my constituency for what they do day in, day out on behalf of our communities. I cannot fathom how anybody could think it appropriate to verbally or physically assault somebody who is doing their job and trying to help them. As Members of the House, we are incredibly privileged to be able to see the work of our emergency services at close hand. That is an opportunity that not many members of the public ever get. We get a unique bird’s eye view of what is happening in our communities.

A few months ago, I went out on a “nightsafe” operation with local police officers in Corby. It was an eye-opening experience to see at first hand what they have to put up with—the volatile situations officers can find themselves in within a split second of a call coming in, the risks they face on a daily basis in fulfilling their duties. One of the big upshots of the Bill, apart from doing the right thing, is that the debate, not just in the House but out there in the country, will ensure much greater understanding among members of the public about what is going on.

The hon. Member for Poplar and Limehouse mentioned the House of Commons Library figures, but I think they bear repeating: 24,000 assaults on police officers in 2016-17; 7,159 assaults on prison officers in 2016-17; 70,555 assaults on NHS staff in 2015-16. Those are eye-watering figures that I do not think anybody in the country would have comprehended before we started a proper debate on this issue.

Jeremy Quin Portrait Jeremy Quin (Horsham) (Con)
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I join my hon. Friend in paying tribute to the hon. Member for Rhondda (Chris Bryant), the promoter of the Bill, and in pointing out the debt we owe to our emergency services. The police officers my hon. Friend spent time with on the streets of Corby will be acutely aware, as are mine in Horsham, of the pressures on our justice system. Will he join me in welcoming the fact that the Bill allows provision for offences to be prosecuted through both the magistrates courts and the Crown courts to ensure that we get swift as well as proper justice?

Tom Pursglove Portrait Tom Pursglove
- Hansard - - - Excerpts

I absolutely share that sentiment. The Bill has done a public service in itself by bringing this concerning problem to the fore: it is a national outrage that people out there in the country should be aware of, and this debate has certainly generated that awareness, which I welcome. This issue shows the House at its best. All too often people see the House in a bickering and adversarial context that they find disconcerting, unacceptable and distasteful. Our emergency service workers are the best of British and do so much for our communities. Let us make the law the very best it can be and back them to the hilt.

11:36
Mohammad Yasin Portrait Mohammad Yasin (Bedford) (Lab)
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It is an honour to follow the hon. Member for Corby (Tom Pursglove) and to listen to his experiences as the child of two police officers. I also congratulate my hon. Friend the Member for Rhondda (Chris Bryant) on introducing this timely and important Bill and my hon. Friend the Member for Halifax (Holly Lynch) on her hard work to bring it forward.

More action is necessary to protect emergency workers such as healthcare staff, police officers and firefighters from violence and aggression. They perform a vital public service, putting our safety before their own, and we must do all we can to protect them. Earlier this year, PC Jack Denton from Bedfordshire police had to have staples in his head after he was struck by a blunt object. He was called to assist armed police who had handcuffed a suspected car thief who ran away. PC Denton chased him to a house and then felt a massive thud. Bleeding and weak, he fell to the floor. He had been hit by a candlestick most likely thrown from the top window. Fortunately, PC Denton recovered from his injuries, but instances like this are far too common.

We all owe a huge debt of gratitude to frontline public workers placed in dangerous situations on a daily basis. Jim Mallen, chairman of Bedfordshire Police Federation, told me:

“Police Officers do not go to work to be verbally or physically abused. Too many officers return to their families every day having been assaulted – not only having to deal with the physical effects but battling the often long term mental impacts.”

Mike Hill Portrait Mike Hill
- Hansard - - - Excerpts

I understand the issues around capacity, but does my hon. Friend agree that mental health workers, by the nature of their jobs, are often at risk of assault, that such attacks need to be recorded and dealt with properly, and that adequate support needs to be provided to workers subjected to such assaults?

Mohammad Yasin Portrait Mohammad Yasin
- Hansard - - - Excerpts

I agree with my hon. Friend. It is a very important point. Mental health workers do an important job and should be protected, like many other key workers in our country.

Just yesterday, Jim Mallen wrote to six more officers who had been injured on duty. Their injuries were from their being driven into, elbowed in the face, bitten and kicked. He believes that the emergency services are becoming the punch-bags of society and that the time has come to punish those who see fit to assault those on the frontline. I agree with him: it is time to protect those who daily protect us.

As MPs, we all know the dangers of violent and aggressive behaviour. I am grateful for the steps the House has taken to increase security in all our constituency offices so that all MPs and their staff can feel safe at work. We now owe it to all our frontline emergency workers to do all we can to make their workplaces as safe as possible.

11:40
Chris Green Portrait Chris Green (Bolton West) (Con)
- Hansard - - - Excerpts

It is a pleasure to follow the hon. Member for Bedford (Mohammad Yasin). I thank him for that insight into the dangers faced by so many emergency workers. The hon. Member for Rhondda (Chris Bryant) is right to say that an assault on anyone is serious, and that an attack on an emergency worker is an attack on us all. The debate has highlighted the distinct lack of deterrence in the system, especially when it comes to sentencing. It is almost as if some of the most violent in our society are treated with excessive gentleness, whether in respect of attacks on emergency workers or more broadly.

Clause 3 deals with the definition of an emergency worker. I appreciate why the hon. Member for Rhondda desires a cordon sanitaire around emergency workers, but I wish to put on record the circumstances in which social workers often work. I was contacted by a constituent of mine from Blackrod. She was assaulted several times before she retired from her job as a social worker and manager of a children’s services team. Social services staff often work alone and, although they are required to keep colleagues informed of their whereabouts for safety reasons, they often do not have the back-up of colleagues immediately on hand. Social workers deal with people with a variety of issues, including mental health, and drug and alcohol problems. In such an environment, people’s behaviour can be erratic and change rapidly.

Violence against social workers is commonly regarded as “just part of the job”, with nine out of 10 social workers suffering abuse, assaults and threats. According to Community Care, councils recorded more than 45,000 incidents against social care workers in the past three years. The Bill is a step in the right direction to protect emergency workers—to protect our protectors—and I hope it can be a step in the right direction for social services to follow in future.

11:42
Sandy Martin Portrait Sandy Martin (Ipswich) (Lab)
- Hansard - - - Excerpts

I thank my hon. Friend the Member for Rhondda (Chris Bryant) for introducing the Bill. I agree with the hon. Member for Bolton West (Chris Green) about the importance of deterrence. I am sure we all find it hard to comprehend how anyone could wish to harm the emergency workers, such as paramedics or firefighters, who have rushed to help them. It is precisely because emergency workers attend events that are outside the norm and deal with people who are particularly unlikely to be able to behave rationally—for reasons of pain, confusion, fear, drink, drugs or just plain anger—that they put themselves at increased risk of assault.

First responders on the streets of Ipswich have been assaulted both verbally and physically by those whom they have come to help, as well as by bystanders. In the past, firefighters in Ipswich have asked me to do what I can to raise this issue. Medical staff at Ipswich hospital have been subjected to sufficient attacks for the police to have had to open an outreach police station in the hospital to deal with the trouble. It is clear that the attacks are happening; the question is how we can stop them.

If the public perceive a strong likelihood of prosecution and a stiff penalty, potential assailants, however drunk or angry they might be, will be that much less likely to launch an attack in the first place. The experience in Scotland has shown that to be the case. The existing penalties for the assault of an emergency worker are inadequate, but more importantly, the public do not perceive that assault on an emergency worker is a crime particularly likely to be prosecuted and carry a heavy sentence.

All assaults are wrong—of course they are—but it is particularly important to ensure that our emergency services can carry out their duties without being assaulted. Emergency workers are individually far more likely to be assaulted than the rest of us. They put themselves into situations in which more assaults are likely to occur. If they are assaulted, the consequences are likely to be graver, too. We all saw the fires burning out of control during the 2011 riots in Croydon and other places, where the firefighters who had been sent to deal with those blazes were subjected to sustained attack. If we do not adequately protect our emergency workers, can it be any surprise if we find it difficult to recruit the emergency workers we need?

If we can build a clear public perception that assaulting an emergency worker—any emergency worker—is a particularly heinous crime that carries a strong likelihood of prosecution and a heavy penalty, I believe that even when people are confused, angry, drunk or under the influence of drugs, they will be that much more likely not to launch an assault in the first place.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
- Hansard - - - Excerpts

The hon. Gentleman talks of building a public perception in support of emergency workers. We have heard today about emergency workers being hassled by the public. We need to build a public perception that when an emergency worker is doing his or her duty, the public equally have a duty to protect that emergency worker, not to attack them. That would be a very good thing.

Sandy Martin Portrait Sandy Martin
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I agree with the hon. Gentleman. That is precisely the point that I wish to convey, so I thank him for clarifying that.

However aggressive or uncontrolled someone’s behaviour might be, taboos are a powerful block on people’s actions. We need to make assaults on emergency workers a taboo in England and Wales. I believe the Bill will be an important step in making that happen.

11:47
Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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It is a pleasure to follow the hon. Member for Ipswich (Sandy Martin). I entirely agree that we need to make assaults on emergency workers a taboo. I pay tribute to the hon. Member for Halifax (Holly Lynch) for her work and to the hon. Member for Rhondda (Chris Bryant) for choosing to introduce this Bill after coming top of the private Member’s Bill ballot. This is a real example of how working together, across party lines, can make a huge difference to people’s lives.

There is no question but that an attack on an emergency worker is an atrocious crime. Two police officers from Cheshire constabulary had apprehended a suspect and were driving along the motorway at 70 mph, when that suspect attacked them inside the car. One officer was receiving treatment for injuries six months after the incident. I am glad that the individual involved in that case was sentenced to 14 years’ imprisonment, reflecting the severity of the injuries received by those Cheshire police officers. I am also glad that clause 3 would extend the statutory aggravated offence not just to police officers, but to all emergency workers. All emergency service workers engage in vital work on behalf of us all. Not only do they deserve the utmost respect, but they should be able to work without fear of attack. Legislating for tougher sentences is absolutely right and I wholeheartedly support the Bill.

As Members of Parliament, we have a duty to do what we can to protect our constituents, and a responsibility to uphold law and order. Those working in the public services relevant to this Bill selflessly work to achieve those aims and we owe enormous gratitude for their unrelenting efforts. This legislation will go some way in sending a strong message about how much we value emergency workers in our communities and it will adequately punish the perpetrators of assaults against them. To that end, I ask the hon. Member for Rhondda to consider, in Committee, extending the sentencing period for the more serious offences—which would be indictable and go to the Crown court—from 12 months to 24 months, so that there is a distinction between assaults that fall at the lower end of the scale and the more serious assaults that may inevitably end up in the Crown court.

Cheshire police headquarters are based in my constituency, and I have always prioritised working closely with the police to ensure that our streets become safer. Total recorded crime in Cheshire has been falling in recent years and Cheshire police deserve a great deal of credit for that. Any attack on a police officer is a flagrant disregard for what they do for the public. One figure that has not been falling is the number of attacks on police officers. Between April and September this year—a period of just three months—Cheshire constabulary recorded 277 assaults on constables. The headquarters of Cheshire fire and rescue service are also based in my constituency. It is through working with those on the frontline that we gain an understanding of the relentless demands of the job.

The Bill provides even greater reassurance—if it were needed—of our admiration for the work of our emergency workers, and of our continuing support and protection. While preparing for this debate, I was shocked to read the figures for East Cheshire NHS Trust, where there were 124 assaults on staff between 2015 and 2016, 44 of which required medical treatment. There were 668 attacks on staff of the Cheshire and Wirral Partnership NHS Foundation Trust. The most shocking thing about that statistic is that, despite staff reporting 668 assaults to the trust, not a single person was criminally sanctioned. This information is publically available; the data are collected by the NHS and published. I urge hon. Members to look at their own NHS trusts because, as a result of my preparation for the debate, I am going to go to my local NHS trust and say, “Why are you not encouraging your staff to contact the police to ensure that action is taken against people who subject them to assaults and violence? It is not good enough.”

I am pleased that the Government are supporting this private Member’s Bill. It will not only provide greater protections for emergency workers, who give so much to society, but mean that the force of the law is greater against those jeopardising the invaluable work of our police officers, paramedics, prison officers, firefighters, nurses, doctors and other public servants. I thank the hon. Member for Rhondda for the work he has put into the Bill and I am pleased to support it. I hope that other hon. Members will check the figures for their NHS trusts. We must ensure that the protections we are trying to get into law are actually acted upon, and that the CPS and local police take action to prosecute those who assault our emergency service workers.

11:54
Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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It is a pleasure to speak in the debate and to follow my hon. Friend the Member for Eddisbury (Antoinette Sandbach). Let me start, as so many right hon. and hon. Members have—[Interruption.] I have only said three words, and the hon. Member for Rhondda (Chris Bryant) is asking me to speed up. I mean, I was just clearing my throat, and I was just about to congratulate him on bringing in the Bill—

Chris Bryant Portrait Chris Bryant
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Don’t bother.

Simon Hoare Portrait Simon Hoare
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Oh, he does not want me to. In that case, it is a great pleasure not to congratulate him on bringing in the Bill. To please him, as a fellow Welshman—that was obviously one of his key criteria for Members taking part in the debate—I will be as quick as I can.

It is important to remember, for the benefit of those the Bill seeks to protect, that there are protections in the law today. I just wanted to make sure that was on the record, because I would hate those who often work in vulnerable and dangerous circumstances to think this was the first time lawmakers had thought about this. As the hon. Gentleman said in his opening remarks, there is legislation already, but the Bill rightly seeks to identify a cohort of people whom we want to recognise for the work they do and for whom we want to provide additional protection.

In supporting the Bill, let me say that I think quite a few things will be teased out in Committee—if the hon. Gentleman is looking for recruits for the Committee, I would be very happy to serve on it. If it is not too late, we may need to think about the title of the Bill, because there are people we would want to be covered by clause 3, on the meaning of “emergency worker”, who would perhaps not be described as emergency workers.

Chris Bryant Portrait Chris Bryant
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I have inadvertently misled the House. Earlier, I suggested that I could not change the long title, but I could change it in Committee.

Incidentally, I was trying to say earlier that hon. Members do not have to keep on saying thank you to me and my hon. Friend the Member for Halifax (Holly Lynch).

Holly Lynch Portrait Holly Lynch
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Steady on.

Simon Hoare Portrait Simon Hoare
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Inadvertently, the hon. Gentleman—in his usual humble, don’t look at me, I’m pretending not to be here sort of way—has drawn attention to the hon. Member for Halifax (Holly Lynch). I know from talking to my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and to my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), when he was the Policing Minister, about the important work the hon. Lady has done on this proposal, and she deserves the thanks of the House.

It is great that the hon. Gentleman has confirmed that the long title can be changed. I just wonder whether it should refer to assaults on “public service workers”. There are a number of categories of people I do not think anybody would seek to demur from including. This is not a full list, but they might include social workers, as several Members have mentioned; psychiatric nurses, particularly when they are on an interaction; those who work for Border Force; people involved with public transport; and our local authority staff. We talk about ambulances, but I am not quite sure whether those who volunteer for St John Ambulance would be covered.

Chris Bryant Portrait Chris Bryant
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indicated assent.

Simon Hoare Portrait Simon Hoare
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The hon. Gentleman nods, and I note that, as does the Minister.

I am also tempted to include traffic wardens, who are not always the sort of people we cheer for, but they do good work enforcing parking regulations, and they often suffer a huge amount of abuse from people who are caught.

My hon. Friend the Member for Beckenham (Bob Stewart) made me think about our armed forces. We have all read of instances when people in uniform in our constituencies have come under attack from those who do not hold our military personnel in high regard.

I am particularly pleased to see prison officers included in clause 3(1)(d). I have Guys Marsh prison in my constituency, and my hon. Friend the Minister has visited it with me. He and I heard first hand from some of the prison officers there of the day in, day out degrading behaviour they have to suffer at the hands of some prisoners. It would be good if, as a result of the Bill becoming an Act, which I very much hope it will, those who perpetrate entirely unnecessary attacks on our prison officers could have their tariffs increased somehow.

I close as I opened, by congratulating the hon. Members for Rhondda and for Halifax. I agree that it is a shame that the House will not divide today, because we need to make sure that the people in the country who are interested in this issue know that the Bill has the full, wholehearted and full-throated support of both sides of the House.

11:59
Matt Warman Portrait Matt Warman (Boston and Skegness) (Con)
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I rise to make three points in welcoming this Bill and seeing, I hope, the House at its best in coming together on something that we all clearly agree on.

On Friday night, three police officers were injured breaking up a brawl in Boston, one of them seriously. Subsequent comments on Facebook included, “The only thing I’m disappointed in is that the other two coppers didn’t get knocked down as well.” While there were more responsible people saying, for example, “Police officers are willing to help anybody and that’s why they put on their uniform”, that underlines why such legislation is necessary. We tell ourselves in this place that everyone is on the side of our public servants, but frankly that is not always the case. I pay tribute to Constables Mike Redfern, Michael Rooke and Dan Lewis, who were injured on Friday night in the course of their duties. This legislation is clearly vital.

Much has been said about the definition of an emergency worker, and it will surprise nobody that I would like to chip in a couple of extra suggestions. I agree with a lot of what has been said about social workers. I would add—not simply because my mum was a nurse and I am married to a doctor—that our general practitioners are often at their most vulnerable when they are alone in a room with a patient who may be seeking emergency treatment with an on-the-day appointment. I urge the hon. Member for Rhondda (Chris Bryant) and the Minister to consider whether workers in the NHS more broadly, who are often also providing emergency care, should be considered in this. I think, having declared my interest, that particular consideration should be given to GPs, because they are often particularly vulnerable.

It is extremely good news to see the inclusion of prison officers such as those serving at North Sea Camp prison in my constituency, and the RNLI, which does hugely valuable work on a voluntary basis. In Lincolnshire we are lucky to have an RNLI that thrives and does exceptional work. Apart from having to deal with prank calls, they often find that the people who benefit from their work, in sometimes extraordinary circumstances, do not always appreciate it as much as they should.

Holly Lynch Portrait Holly Lynch
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The hon. Gentleman is making an incredibly powerful speech. He makes a very valid point about the RNLI. I recently visited the RNLI at the Tower on the Thames and saw the unique circumstances that it faces. Predominantly, people end up in the Thames because they are under the influence of drugs or alcohol, or because they have attempted to self-harm or commit suicide, and the RNLI meets a great deal of resistance from the people it seeks to assist. I am really pleased that we have been able to incorporate protections for it within the Bill.

Matt Warman Portrait Matt Warman
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I absolutely agree. It is a testament to the thought that has already gone into this Bill that we are not asking whether we should add the RNLI. However, the hon. Member for Rhondda was right to say that while we might wish to protect every public servant in one go, there is a risk that the Bill becomes a sort of spine on which we hang a huge number of professions. We do not want a whole load of unintended consequences when, as I think we all agree, this is a very good Bill for us all to support. The more we can do that, the better a place we will end up in.

I welcome this Bill hugely. I very much hope that it can be refined in Committee. I put in a special word for my wife, specifically, and for GPs in general.

12:03
Huw Merriman Portrait Huw Merriman (Bexhill and Battle) (Con)
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I congratulate —not thank, because he does not want me to do that—the hon. Member for Rhondda (Chris Bryant) and the hon. Member for Halifax (Holly Lynch) for all the work that they do here.

As we have heard, there is currently protection within the law for anybody who is the victim of assault, and protection in the enhanced sentencing regime guidelines for anybody who is carrying out the work of public service, so why do we need to change the law? The NHS England statistics on assaults tell us why. In 2011-12, there were 59,744 assaults on workers in the NHS in England, and that figure rose to 70,555 in 2016. Quite clearly, the law is not working.

Without wanting to take up too much time, I will refer to some of the feedback I have received from the A&E department in the area of east Sussex that I represent. Here are a few examples from just one doctor:

“Held in a room with a patient threatening me with scissors. Punched in the face on my first emergency department job. One of my juniors got held up against the wall by a bloke who called her a slut and spat in her face. Recently threatened by a bloke I was stuck in a room with whilst pregnant. Sure I could think of more.”

There are many similar examples.

That takes me to the point that I would really like the hon. Member for Rhondda to think about in Committee. How much consideration has been given to the question of how many of the 70,555 offences against NHS staff would be covered by the draft legislation? Would they all be covered because they are all within the sphere of emergency services? Do they all count as emergency workers, or are the vast proportion of them outside that sphere, because they work in other wards and non-emergency settings? If they are outside it, I ask the hon. Gentleman whether it would be worth widening the scope of the Bill to extend the protection to non-emergency services so that it covers not just emergency workers, but those who do other, related, healthcare work. If the Bill covers all those who need protection, I will absolutely welcome it.

I recognise that there is a danger of extending the scope so much that it covers practically all public sector workers. We could well end up with additional enhancements for everyone bar lawyers and estate agents—God forbid—in which case we would have lost sight of the original drift. I ask for the Bill to cover hospitals, and to ensure that the NHS is a safe place, because the situation has got out of control, as the figures show. Those who work in the NHS deserve our protection, but the number of assaults on NHS workers show that something has gone wrong. I would like the NHS as a whole to be given this special protection to send a strong message that such assaults will not be tolerated. We must do everything that is necessary to show people that the NHS is a profession in which they will be safe and in which we want them to work.

I would be delighted to work with the hon. Gentleman on the Bill. I absolutely support it, and I look forward to the possibility that the definitions will be widened in Committee to give this protection to even more people.

12:07
Fiona Bruce Portrait Fiona Bruce (Congleton) (Con)
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I am delighted to support this Bill, not only because the hon. Member for Rhondda (Chris Bryant) and I are rarely on the same side of something that is discussed in this place, but because a few months ago the all-party group on alcohol harm, which I chair, published “The Frontline Battle: An Inquiry into the Impact of Alcohol on Emergency Services”. It is a catalogue of attacks on police, fire, ambulance and hospital staff.

Throughout our inquiry, we heard countless first-hand accounts of the physical and emotional challenges for emergency service personnel of responding day in, day out, to alcohol-fuelled incidents. It is completely unacceptable that every 13 seconds a police officer is assaulted in the line of duty. It is unacceptable that medical staff have TVs thrown at them, or that an A&E consultant is kicked in the face. Assaults on people who work in these crucial areas should not be without consequence. We heard about police officers who were assaulted while breaking up drunken street fights, pumping the stomach of a young person and tackling house fires caused or exacerbated by alcohol-induced forgetfulness. We heard about our frontline emergency service staff being attacked day in and day out.

What really interested me was that the report received nationwide press coverage. It was covered not only by several national newspapers, but by breakfast TV. However much as we in this House may like to think that all-party groups are important—I am sure they are to all of us—it is very rare for them to receive such national coverage. That is a reflection of the public concern about this issue.

We also learned how much such behaviour—attacks on emergency personnel, fuelled by the fact that people have drunk excess alcohol—has a significant impact on the morale and the health and wellbeing of those in our emergency services. We were shocked to hear how emergency services personnel were depressed, with some of them leaving the services simply because they could not tolerate any further assaults on such a scale.

One police force told us its staff survey showed that

“90 per cent of police officers expect to be assaulted on a Friday or Saturday night when they police during the night time economy”.

I was really shocked by an account involving female police officers going into licensed premises while policing the night-time economy:

“There is one thing that is specific to female officers and that is sexual assault. I can take my team through a licensed premise, and by the time I take them out the other end, they will have been felt up several times.”

That is completely unacceptable.

Frontline officers are in the firing line. Some 86% of police officers surveyed in the north-east told us they have been assaulted by people who had been drinking, and 21% of them had been assaulted six or more times during their service. Over 52% of ambulance service staff whom we heard from had suffered sexual assaults or harassment while on duty. One submission to our inquiry showed the devastating impact that assaults can have:

“Assaults can affect workers both physically and mentally: some frontline emergency staff have moved on to work in other fields. Others are forced into early retirement as a result of stress, or medically discharged.”

A hospital trust has recorded that in one year just three of its patients were responsible for more than 100 assaults on staff each. The Bill is necessary to protect the protectors. As I have said, making this an aggravated offence will stop patients such as those three each being able, time and again, to assault more than 100 staff members in one hospital without facing a penalty for such behaviour. There has to be a deterrent, and the Bill sends the message that this behaviour is not acceptable and will no longer be tolerated.

12:12
Nusrat Ghani Portrait Ms Nusrat Ghani (Wealden) (Con)
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I have been told that congratulations are not necessary, so I will move swiftly on to say that I join everyone in the Chamber in saying that we should protect our protectors. Emergency workers deserve the respect of all of us as they do all they can to keep us safe. I am here today to support the Bill, and I add my voice to those of all Members in sending the very strong message that attacks on emergency workers are unacceptable and will not be tolerated, and that the full weight of the law will be applied to those who attack emergency workers to make them pay for their crime.

The Bill will provide the police and the courts with the powers they need to deal effectively with those who use violence against hard-working emergency workers. I have again been surprised to hear so many horrific stories today about the violence meted out to people who are just going about their work to protect and serve us. I want to take a moment to thank emergency workers in East Sussex, and especially in my constituency of Wealden, whether they work in the fire, ambulance or police services, or in one of my community hospitals in Crowborough and Uckfield. They should not have to go about their work under the threat of violence.

The crucial changes in the Bill send a clear message that attacks on emergency workers will not be tolerated. We must guarantee that our emergency workers, especially those on the frontline who are responding to life and death situations, and those upholding the law have the full protection of the law when carrying out their duties. Attacking a person serving the public is already an aggravating factor in sentencing guidelines, but the Bill will put on a statutory basis a specific requirement to consider an assault on an emergency worker as an aggravated offence.

I hope that the Bill will give victims of this crime the confidence to come forward, and that it will deter those who are violent towards public service and emergency workers. I hope it will help in the recruitment and retention of staff, given that we are trying to get more people into such jobs in the first place. I also hope that it will stop those members of the public who think it is okay to go out and attack an emergency worker, feeling that they will not be dealt with in any way whatsoever.

I welcome in particular the clauses proposing powers to take blood and saliva samples from people who have spat at or bitten emergency workers and exposed them to risk of infection. We have heard how traumatic that can be, not only for the individual victims but for their families.

I want to talk briefly about a case that took place in East Sussex. It has a couple of distressing aspects: the perpetrator was just 18 years old and she did damage to not just one but two police officers. The police officers were called out to an incident at a home and tried to control this young woman, who was in a fight with her mother. As she was restrained on the ground, the young girl—she was just 18—cleared her throat and spat in a PC’s face. Unfortunately, the violence continued and both police officers were attacked.

The Sussex Police Federation called that attack “disgusting”, and Matt Webb, chairman of the federation, said:

“We hear about these attacks on officers in Sussex weekly, if not daily, just for doing their job—which is absolutely unacceptable.

Spitting at officers is a particularly vile act and that is why we are grateful to Sussex Police for being one of the first forces to issues spit-guards to officers to place over the heads of suspects if they had been spitting, to prevent them committing any further offences.”

In another incident, a female police officer was attacked with a hammer. I am concerned at the tone being set by some perpetrators, who think it is okay to attack our public service workers.

In conclusion, I support the Bill and am grateful for the opportunity to thank emergency workers across the country, especially those in my constituency. This Bill and today’s debate send a clear message that violence against emergency workers is unacceptable and will not be tolerated.

12:16
Wendy Morton Portrait Wendy Morton (Aldridge-Brownhills) (Con)
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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 Portrait Mike Hill
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I hope the definition will include the civil nuclear police, too.

Wendy Morton Portrait Wendy Morton
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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.

12:21
Victoria Atkins Portrait Victoria Atkins (Louth and Horncastle) (Con)
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I am not going to thank the hon. Member for Rhondda (Chris Bryant) but I am going to pay tribute to him, and to the hon. Member for Halifax (Holly Lynch), who has worked so very hard on this issue.

I was not planning to speak—that may have been to the relief of everyone in the Chamber—but I have been moved to do so by the examples given, and the strength of feeling displayed, by Members right across the House. This is one of those wonderful occasions in this place when we do the right thing and come together to make real change that will help real people in our constituencies who make such a difference to our lives.

I would like to pay tribute to Lincolnshire police, who this summer, in the largest ever slavery case, managed to secure the convictions of eight people from the same family who had enslaved vulnerable people and treated them despicably—very violently. The police managed to secure not only convictions, but sentences totalling 80 years. The police showed great bravery, which they show on a daily basis, walking into caravans and houses. I hope the Bill will go some way to supporting that bravery.

My constituency is very rural, which means that often when there is a medical emergency it is not paramedics who come to people’s assistance but volunteer first responders, in particular volunteers for LIVES, which is based in Horncastle. I am delighted that clause 3(2) covers not just paramedics who are formally employed by the NHS, but volunteer first responders who help the NHS. I join colleagues who have set out food for thought on issues such as a maximum sentence for conviction on indictment in saying that the Bill Committee needs to examine such issues. I too would happily sit on the Committee, if the hon. Member for Rhondda needs further help.

I will finish with the words of a constituent who works for Lincolnshire police. He puts it far better than I can:

“We deserve to be able to go home to our families and not be injured or worse.”

12:23
Mike Wood Portrait Mike Wood (Dudley South) (Con)
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Just as for other sons and daughters of emergency service workers, the Bill has a particular resonance for me. In the nearly 30 years that my father served with West Midlands police, he suffered various injuries. Some resulted from accidents in the line of work, but too many were the result of physical assaults: being hit around the head with a stool in a central Birmingham bar, being pulled off a police motorbike and hooligans trying to pull him off a police horse during a football riot. There were too many other incidents that he saw first-hand, such as the Handsworth riots. He saw rioters assaulting the paramedics, ambulance workers and firefighters who were trying to save lives and put out fires right in the middle of the riot zone.

Sadly, as we all know—as I certainly know, not only from the patrols on which I have joined my local police, but from the emails that I have received from serving emergency workers—such assaults happen far too regularly. The emergency workers at whom the Bill is aimed choose to wear their uniforms. They dedicate their careers to putting other people first, and we must ensure that the Bill puts them first. It is precisely because we need the Bill to succeed in its aim of ensuring that these particularly appalling crimes attract suitably strong punishments that we must also ensure that the perpetrators are charged effectively.

Adam Aston, a Dudley Labour councillor, has served as a paramedic for 13 years. He tells me that he has been assaulted twice during that time, and that on neither occasion did the Crown Prosecution Service choose to press charges. If the Bill is to be effective, we must ensure that this is not simply another offence for which the Crown Prosecution Service will not prosecute.

I hope that the hon. Member for Rhondda (Chris Bryant) and the Minister will work together on both prosecuting and sentencing guidelines. Our public sector workers regularly put themselves between us and danger, and we, as legislators, must ensure that we put the law firmly on their side.

12:26
Louise Haigh Portrait Louise Haigh (Sheffield, Heeley) (Lab)
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I know that my hon. Friend the Member for Rhondda (Chris Bryant) is a particularly shy and retiring type, and I am sorry to do this to him, but I must congratulate him and thank him for the work that he has done. He made a powerful and compelling case for the Bill. I also thank and congratulate my hon. Friend the Member for Halifax (Holly Lynch), who laid all the groundwork for the campaign, and who did so much work to help the Bill to reach this stage. I thank the Police Federation for its work as well.

This has been possibly one of the most successful campaigns in parliamentary history. It was launched only in February this year, and now the Bill is being given its Second Reading. I thank Unison, the GMB, Unite and the Prison Officers Association, which have been working closely with my Justice colleagues. Most of all, however, I thank our brave emergency service workers, who, when the worst happens, put themselves in harm’s way to protect us all.

Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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Speaking as a former Unison officer who represented those emergency workers on the frontline and, all too often, responded to reports about assaults on them, I am pleased that the debate is taking place. Does my hon. Friend agree that while the Bill is long overdue, the broad support for it on both sides of the House is extremely welcome?

Louise Haigh Portrait Louise Haigh
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I could not agree more.

This year has placed unprecedented demands on our emergency services, but, despite all the undeniable pressures that they are under because of a range of issues—with which I shall deal shortly—they have stepped up without fail, and we have seen them at their very best. Keith Palmer paid the ultimate price when defending us in this very building while we ran for safety. Wayne Marques, equipped only with a baton, ran headlong at the terrorists who attacked us on London Bridge. Countless paramedics, A&E staff, nurses and firefighters saved lives and acted with unmatchable bravery and compassion in response to Grenfell and Manchester. Sadly, this has been a year in which we have asked too much of our emergency service workers too often. It is not too much to ask of us that we protect them in law, and allow them to do the job that they desperately want to do: the job of protecting and serving our communities, for which we are so grateful.

Everything that we have heard this morning has made clear why the Bill is necessary. We have heard the harrowing, emotional stories of officers, nurses and paramedics who have been subjected to the most vile and unprovoked abuse, and the effect that it has had on them physically, mentally and emotionally. We have heard about the personal experience of Members who have served as emergency workers themselves, such as my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), and others whose families have served: the hon. Member for Corby (Tom Pursglove), my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones), the right hon. Member for Preseli Pembrokeshire (Stephen Crabb) and the hon. Member for Bexhill and Battle (Huw Merriman)—and a compelling case has just been made by the hon. Member for Dudley South (Mike Wood).

If I may, I would like to add an experience from my constituency. Last year, PC Lisa Bates went to a routine call of domestic violence and, on attending the property, found a man who was in a psychotic state. He attacked her with an axe; she fell down two flights of stairs, grappling with him; he chopped off several of her fingers. She is still recovering at home, and I am sure the House will join me in wishing her a full recovery.

What no police officer, nurse, firefighter or paramedic should ever expect—what should never be normalised for them—is being assaulted in the line of duty. That is what the Bill seeks to challenge: the attitude, which sadly exists across the criminal justice system, that being punched or kicked is somehow to be expected and accepted. Well, it is not. The tougher sentences in the Bill will send a message from the House today: as MPs, we will never accept that people should be assaulted while they are doing their job and we will do everything in our power to protect them.

As we have heard, an assault on a police officer takes place as frequently as every 13 seconds, there were 70,000 assaults on NHS staff last year and fire crews are attacked 10 times every week on average. These figures are shockingly huge and they are growing year on year, as is the disgusting practice of spitting at emergency workers. Interestingly, I have been spat at as a politician, but I was never spat at in my time as a serving police officer. I therefore appreciate, and I know the House does, why clause 4 is vital for workers whose lives have been made a living hell waiting for test results after being spat at. The clause will lessen the trauma of that wait and provide them with assurances as quickly as possible that they have not contracted any communicable diseases. The stories that my hon. Friend the Member for Halifax told about the affected officers and the impact on their families were truly shocking, and I know they moved the House. I had the privilege earlier this week of meeting those officers, who are back at work, serving their communities. They are a credit to their force.

It has been fantastic to see such cross-party support for the Bill today, from all parties across the House. I add my thanks to the sponsors and to the Government for allowing the Bill to pass through to Committee. I reiterate the call that my hon. Friend the Member for Rhondda made for the Committee stage to take place on the Floor of the House, given that there have been so many enthusiastic volunteers today to take part in Committee.

Emergency workers will be watching the debate with interest and will be heartened to hear so many voices speaking up for them, as I know they can feel neglected and taken for granted. However, I would not be doing my job if I did not also use this opportunity to highlight the other pressures they are under and some of the reasons assaults have increased so significantly in recent years. The NHS, as we know, is under unbelievable pressure and is struggling to cope with limited resources. Waiting times for A&E are up and hospitals are failing to meet their targets. Ambulance services across the country are simply unable to meet the demand they face and prison officers are near breaking point, in prisons that are not fit for purpose, while all of them continue to face pay cuts, on top of the thousands that have been taken off their salaries over the last seven years.

Our police are facing unprecedented demand from rising crime, as yesterday’s figures revealed: rising violent crime, a terrorist threat that is now relentless, soaring numbers of 999 and 101 calls, and unsustainable demand thanks to cuts to services elsewhere. The Metropolitan police receive a call related to mental health every five minutes. In 2012, West Yorkshire police were looking for 118 missing persons a week. That figure is now 450. The police are now constantly being asked to attend to vulnerable people when they are not the appropriate agency to do so.

Among all this, we have lost 20,000 officers and 30,000 police staff. Neighbourhood policing has been decimated, and just yesterday Norfolk police force announced that it was abolishing every single one of its PCSOs. Single crewing is the norm, PCSOs are being asked to go to jobs that are appropriate only for PCs, long-term sickness and mental health issues are through the roof, and morale is at rock bottom. The only way to fix these issues is to resource the police and all our public services properly. We can never truly protect them unless they have the capacity and the support to deal with the many and varied situations that their job throws at them.

If we are to do everything we can to protect those workers, I would beg the Justice Minister to take this away from the debate. We are so grateful to the Government for their support for the Bill. We look forward to improving it together even more in Committee and to its speedy implementation, but we are also desperate for more resource in the Budget next month. Without it, I genuinely fear that our emergency services will not survive as we know them.

I know that we will return to this debate and that neither I nor my colleagues in Health or Justice, or the many champions from the Back Benches, will let the issue drop. In closing, I therefore reiterate my congratulations to my hon. Friends the Members for Rhondda and for Halifax and my thanks to the Government, to all the supporters and, again, to all our emergency service workers. Every day that they put on their uniforms, they risk their lives to protect ours. These people do not act without fear; they act in spite of it. That is why we call them heroes.

12:34
Sam Gyimah Portrait The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)
- Hansard - - - Excerpts

The hon. Member for Rhondda (Chris Bryant) is in typically bashful mood, but I still congratulate him on coming top of the private Member’s Bill ballot and on using that coveted position to introduce a Bill on such an important topic. I also congratulate the hon. Member for Halifax (Holly Lynch) on her tireless work in championing the “Protect the Protectors” campaign. The public voted in an online poll to support this Bill, and it is therefore important that we deliver it.

As the son of a midwife, I know of the commitment and hard work shown every day by people working in the public sector. Like my hon. Friend the Member for Corby (Tom Pursglove), I know how it feels to grow up knowing that a parent could be attacked in the line of work, doing something they care about and to which they are committed.

Every day, emergency workers across the country show remarkable courage simply in carrying out their duties. They save lives, protect communities and uphold the law. We owe each and every one of them a debt of gratitude, and they deserve the full protection of the law. Introducing tougher sentences for such despicable attacks on emergency workers sends the clearest possible message that this cowardly behaviour will not be tolerated. That is why the Government support the Bill.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

I know my hon. Friend has looked at the issue carefully, and he heard my intervention on the hon. Member for Rhondda (Chris Bryant). Sentences seem to be the same for summary offences as for indictable offences, so will he consider whether it is necessary to increase sentences for indictable offences?

Sam Gyimah Portrait Mr Gyimah
- Hansard - - - Excerpts

My hon. Friend makes a pertinent point, as did my hon. Friends the Members for Dartford (Gareth Johnson) and for Horsham (Jeremy Quin) and the hon. Member for Poplar and Limehouse (Jim Fitzpatrick). We will work through the detail in Committee, but the Bill deserves its Second Reading today.

I am humbled by the stories of bravery we have heard today. This year our emergency services have faced the tragic fire at Grenfell Tower, as well as horrific terrorist attacks. The murder of Police Constable Keith Palmer, outside this very building, is a shocking and tragic reminder to us all of how much our emergency workers do to protect us.

We must not forget that, as well as responding to major incidents, our frontline emergency workers—be they police or prison officers, firefighters, paramedics or other health workers—deal with challenging and unpredictable situations as part of their everyday working lives.

I was asked whether civil nuclear constabulary and Army personnel working in Operation Temperer will be covered by the Bill, and the answer is yes. They are engaged to provide services for police purposes, so the Bill will apply to them.

Although public attention often focuses on paramedics being abused by drunks in city centres, or on heroic police officers tackling violent criminals, behind prison walls our governors and frontline prison officers work daily with some of society’s most dangerous and troubled individuals. I have seen at first hand the courage shown by those committed men and women as they protect society. As with all emergency workers responding to critical situations, prison staff must be able to carry out their duties without fear of assault. They carry out their duties with incredible calmness and professionalism. I often pay tribute to them in this House, and I do so again today. I am pleased that the Bill will apply to them, too.

For some time now, the Home Office and the Ministry of Justice have been working together, building an evidence base on what is happening on the ground and looking at what more we can do to protect our emergency workers. For the past two years, the Home Office has published provisional statistics on assaults on police officers, and sadly, as has been mentioned, they show that the numbers are increasing. In 2016-17, there were an estimated 24,000 assaults on police officers, which is a 7% increase on the 2015-16 figure. Assaults on prison officers also rose by a third last year and, in the acute hospital and ambulance sectors, physical assaults on staff, where no medical factors are involved, have risen by more than 34% since 2009-10. So the Government could not be clearer: this high number of assaults will not be tolerated, and those who are violent towards our emergency workers must face the full force of the law.

The Minister of State, Ministry of Justice, my hon. Friend the Member for Esher and Walton (Dominic Raab), who has responsibility for courts and justice, and the Minister for Policing and the Fire Service have met the hon. Member for Rhondda several times since July to discuss the contents of this important Bill, and Government officials have assisted in its drafting. We are pleased that we have been able to work collaboratively with him on a Bill that will help to provide the police and courts with the powers they need to punish those who use violence against our emergency workers.

The hon. Gentleman has given an overview of the Bill’s provisions, but I want briefly to mention its specifics. Before doing so, I must stress that, as my hon. Friend the Member for North Dorset (Simon Hoare) made clear, we are not starting from a position where there is no protection for emergency workers or for public sector workers as a whole. Judges can already impose tough sentences for those attacking public sector workers and our courts, rightly, already consider an offence directed against those serving the public as more serious. What this Bill does is focus on supplementing those existing provisions with additional safeguards for emergency workers facing violence, often on a daily basis, simply as a result of carrying out their duties.

Clause 1 creates, in effect, a new form of common assault where the assault is on an emergency worker. An offence committed in these circumstances will have, on indictment, a maximum penalty of 12 months’ imprisonment, which is double the current maximum penalty. That will give the courts the power to sentence in a way that reflects the seriousness of the assault. I have to stress though, for those who may think even this new penalty is not sufficient, that we are talking here about common assault, the lowest level of assault, which may not involve any injury and can include as little as a single push. If the assault is more serious, it is likely to become actual bodily harm or grievous bodily harm, and those offences already have a five-year maximum penalty. So we are focused here on the lower-level offences, and the maximum penalty has to reflect that.

Clause 2 deals with other more serious assaults: those not covered by the new aggravated version of common assault. For those offences, actual bodily harm, grievous bodily harm or even manslaughter, the Bill places a duty on the court to consider such an assault committed against an emergency worker as an aggravating factor in sentencing—that means to consider it as more serious, meriting an increased sentence within the maximum for the offence. The Bill also requires the court to make a finding that the offence was aggravated and to state this in open court. This puts on a statutory basis what we already see in sentencing guidelines. It is, however, a clear and unequivocal requirement on the court to take these offences seriously and to make clear to all concerned that it has done so.

I want briefly to mention the application of the Bill to emergency workers. The Bill, as the hon. Gentleman has said and as its title make clear, is about emergency workers and assaults on them while they are trying to carry out their daily duties. The Bill focuses on providing increased protection for emergency workers. These are people who have routinely to deal with difficult people and difficult situations simply as part of their job. That job exposes them to a degree of risk, and it is only right that we are seeking to strengthen their protection under the law. As we debate the Bill, we must keep our central objective—ensuring that emergency workers can carry out those critically important duties—firmly in mind.

It is important that we retain a focus on emergency workers, but this does not mean that the Government think other assaults are not serious. Our courts already consider the context for offences, and specifically when offences are committed against those serving the public. The current sentencing guidelines used by the courts make it clear that if any offence is

“committed against those working in the public sector or providing a service to the public”,

that should be considered as a factor increasing seriousness, indicating the need for a higher sentence within the maximum penalty. I welcome the work that the Sentencing Council has done and continues to do to make that consideration explicit in sentencing guidelines.

The third provision in the Bill relates to the testing of those who assault emergency workers. During the Committee stage of the Prisons and Courts Bill in the last Parliament, the hon. Member for Halifax raised this important matter. I said at the time that the Government were interested in looking at the issue but had to address some important practical and legal questions. I am happy to say that this Bill provides an opportunity to return to that commitment.

Unfortunately, those emergency workers who are bitten or spat at have to deal not only with the initial disgust and pain; in some cases, there might also be a concern that they have contracted a serious infectious disease. This can cause great distress and worry to the individuals and their families. It is simply not fair that the onus is currently on the emergency worker to have their own blood tested and to then potentially undergo further tests to help medical practitioners to assess whether they will develop a disease.

We therefore support the creation of a specific power for police officers to request blood and saliva samples from offenders in these cases. This will ensure that emergency workers are provided with better information regarding the likelihood that they have caught a disease. It will therefore reduce the number of occasions on which emergency workers themselves have to be tested and subsequently take medicines and endure periods of uncertainty about whether they have a disease. A blood sample will be taken only with consent. However, we agree that creating an offence of refusing to provide a blood sample for this purpose without good reason will help to ensure that offenders comply with these requests.

We want to continue to work with the hon. Member for Rhondda and with the police and other emergency services to ensure that the Bill’s proposals are both practical and affordable. I thank the Police Federation for the work that it has done in this context. We also want to work with our Welsh counterparts as the Bill progresses through Parliament, to ensure that this legislation works effectively in Wales.

Let me conclude by again thanking the hon. Member for Rhondda—he does not get thanks from me very often, so he should accept it on this occasion—for ensuring that this first Friday sitting considering private Members’ Bills has been so well spent. This is not a party political issue; it is an issue that affects us all. We have heard constituency cases from across the House today reflecting that fact. That is why I am pleased that we are working together to protect these key public servants. Introducing tougher sentences for despicable attacks on emergency workers sends the clearest possible message that those attacks will not be tolerated. I commend the many staff associations that have worked hard to push the issues in the Bill to the fore. We look forward to debating the provisions further as the Bill progresses through the House.

12:48
Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

With the leave of the House, I should like to respond to the debate. My hon. Friend the Member for Halifax (Holly Lynch) and I have received so many congratulations, thanks and tributes today that I feel as though we are now married. This is made even more confusing by the fact that her partner is also called Chris. It would be quite surprising—[Interruption.] All right, calm down! It has been good that nobody has tried to talk the Bill out today or tried to keep the debate going for unnecessary purposes. Every Member who has spoken has done so either because they wanted to pay tribute to the emergency workers in their own constituency, because they had particular stories that they wanted to tell or because they had identified issues that they felt the Bill still needed to address.

I have a short list of the issues that I think we will need to address in Committee. One is the definition of emergency workers, which has been referred to by several people. There is a question of whether we should extend it to include other NHS workers, PCSOs and custody officers, for example. I am keen, however, not to extend it so far that we do not throw a cordon sanitaire, as it were, around our emergency workers specifically.

Secondly, as the hon. Member for Dartford (Gareth Johnson) said, we will need to consider the reference in clause 1 to

“in the exercise of functions as such a worker”.

We will need to make sure that that does not become a loophole or a “get out” clause for those who attack or assault our emergency workers.

The third area to consider is the list of offences that can be aggravated. Members might think it a slightly odd list. There is a rationale for it, but we should perhaps consider other offences, such as those under the Public Order Act, which several hon. Members have referred to. As I have said to several people, I am keen not to make the issue of spitting and biting one that adds stigma in particular to those with HIV. If that were to be an outcome of the Bill, I would not want it on the statute book. I am keen to get that right, so we might need to amend that clause. In addition, as I understand it, the Government have signified that a money resolution, and consequently clause 7, will not be necessary, so we will have to remove that clause in Committee.

I want to tell one brief story. A bit like my hon. Friend the Member for Halifax, a few years ago I was caught up in an incident. It was around the time that the foxhunting legislation was going through Parliament. I had taken quite a strong stance in favour of the legislation, and my house had been attacked many times and all sorts of horrible things scrawled over it—I was quite well known for my position on the legislation. I was going to a fundraising event in Cardiff—my hon. Friend the Member for Newport East (Jessica Morden) was there as well—and as I arrived, there was a large number of foxhunting activists outside the hotel where it was happening. They saw me from a distance and started chasing me, shouting all sorts of obscenities at me. They clearly wanted to—well, I do not think they wanted to have a conversation, let’s put it that way.

I am very grateful to the police, who bundled me into the back of a van and locked the doors. You could not see inside the van from outside and the people chasing me disappeared for a while. Unfortunately, the police forgot they put me in the van. [Laughter.] About two hours later, I managed to get through to 999 to be released from the police van, by which time I was in terrible need of a toilet. [Laughter.] There is a serious point to this story. We then decided to get me into the event through the back door. We created a phalanx of police officers—in front, to the side and behind—with riot shields to get me into the hotel. Incidentally, my hon. Friend the Member for Newport East was no use at all—she was not answering her phone.

Anyway, the police were trying to get me in, and one of the police officers was of Chinese background. Suddenly, the demonstrators saw us trying to get in through the back and started throwing stones, bricks and all sorts of things at us. At one point, they started shouting at the police officer I referred to, calling her—not my words—a “Chinky pig” and punching her. I am grateful to the police for getting me in, but what struck me when I was thinking about this last night was that although it was an aggravating factor that the attack on her was racially motivated, it was not an aggravating factor—it would have been had our Bill been law—that she was a police officer. That is all I want to do in the Bill—to put hate crimes and hatred of and assaults on our emergency workers on the same footing.

I am enormously grateful to everybody here today. I know how difficult it is when there are competing constituency events, especially for those from far-flung constituencies, particularly in Wales. I am also grateful for the Minister’s offer to progress the Bill as fast as possible. There are means, if the Government choose to adopt them, to get the Bill on the statute book by Easter next year. Let us see if we cannot do that together.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Assaults on Emergency Workers (Offences) Bill

The Committee consisted of the following Members:
Chair: Joan Ryan
† Bryant, Chris (Rhondda) (Lab)
† Cadbury, Ruth (Brentford and Isleworth) (Lab)
Crabb, Stephen (Preseli Pembrokeshire) (Con)
† Elmore, Chris (Ogmore) (Lab)
† Fitzpatrick, Jim (Poplar and Limehouse) (Lab)
† Ghani, Ms Nusrat (Wealden) (Con)
† Haigh, Louise (Sheffield, Heeley) (Lab)
† Hurd, Mr Nick (Minister for Policing and the Fire Service)
† Jones, Gerald (Merthyr Tydfil and Rhymney) (Lab)
† Lake, Ben (Ceredigion) (PC)
† Lynch, Holly (Halifax) (Lab)
† Merriman, Huw (Bexhill and Battle) (Con)
† Morton, Wendy (Aldridge-Brownhills) (Con)
† Pursglove, Tom (Corby) (Con)
† Tomlinson, Michael (Mid Dorset and North Poole) (Con)
† Wragg, Mr William (Hazel Grove) (Con)
Farrah Bhatti, Gail Bartlett, Committee Clerks
† attended the Committee
Public Bill Committee
Wednesday 15 November 2017
[Joan Ryan in the Chair]
Assaults on Emergency Workers (Offences) Bill
09:30
None Portrait The Chair
- Hansard -

I have a few preliminary announcements. Will hon. Members please ensure that they have switched off or silenced all electronic devices? I remind them that tea and coffee are not allowed in the Committee Room, but removing jackets and ties is fine.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

I beg to move,

That, if proceedings on the Assaults on Emergency Workers (Offences) Bill are not completed at this day’s sitting, the Committee shall meet on Wednesdays while the House is sitting at 9.30 am.

Ms Ryan, it is a complete and utter desire—[Laughter.] As you know, that is not the case. It has not started well, has it? It is a complete and utter pleasure to serve under your chairmanship. Now that you have said that we cannot have tea and coffee, I desperately want some—and because you said we could take our jackets off, I will not. The sittings motion is simply a preliminary that we have to adopt, otherwise we will not be able to meet again next week. I hope that under your brisk chairmanship, Ms Ryan, we will manage to complete our business today, but that is in the Committee’s hands.

Question put and agreed to.

None Portrait The Chair
- Hansard -

The required notice period for amendments in Public Bill Committees is three working days, so amendments should be tabled before the House rises on Fridays for consideration the next Wednesday, but I encourage hon. Members to table them earlier if possible, should our proceedings go beyond today. I advise hon. Members that, as a general rule, I do not intend to select starred amendments that have not been tabled with adequate notice.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I beg to move,

That the Bill be considered in the following order, namely, Clause 7, Clauses 1 to 6, Clause 8, new Clauses, new Schedules, remaining proceedings on the Bill.

I have personally selected members of this Committee who can understand a sentence such as that, so there is no great need to say any more—except that it may seem slightly odd to bother to consider clause 7 first, for a reason that I shall come to in a moment. As Julie Andrews sang,

“Let’s start at the very beginning,

A very good place to start.”

We are not quite going to do that, but none the less I think we will be hearing the sound of music by the end of the day.

Question put and agreed to.

Clause 7

Financial provision

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

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I should prefer to move that clause 7 should not stand part of the Bill, but that would be a disorderly motion, as all hon. Members—not least yourself, Ms Ryan—are aware. The only way of making it clear that I do not want the clause to stand part of the Bill is to say so while proposing that it does.

Clause 7 is known as an expenses clause. It was included at the time of the Bill’s publication, because the question of whether the Bill’s cost implications were such as to require a money resolution was not then settled. On the basis of information provided by the Government, the House authorities have now determined that a money resolution will not be necessary, so clause 7 is no longer required. I hope members of the Committee will therefore join me in voting against the question that clause 7 stand part of the Bill.

Question put and negatived.

Clause 7 accordingly disagreed to.

Clause 1

Common assault and battery

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clause 2.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

We are getting to the meat of the Bill, Ms Ryan. I know that you are completely and utterly impartial, but you did volunteer to be a member of the Committee if you were not chairing it, so I am absolutely delighted that you are in the Chair today. I am grateful to everyone who has come along this morning, not least the two late additions, the hon. Member for Hazel Grove—

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

And the hon Member for Mid Dorset and North Poole.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

That sounded like applause for oneself. I would also like to put on record that the hon. Members for Rochester and Strood (Kelly Tolhurst) and for Louth and Horncastle (Victoria Atkins) were prepared to serve on the Committee. They have gone to great lengths in sucking up to the Government so as to be in the Government and therefore avoid being on the Committee. None the less, I am very grateful for the support that they have given. Before we get much further, I would also like to pay tribute to my hon. Friend the Member for Halifax, as in a sense I am midwife to, rather than the mother of, today’s Bill.

Clauses 1 and 2 will, in essence, make two new provisions. The first, in clause 1, is for a new offence

“of common assault, or battery, that is committed against an emergency worker acting in the exercise of functions as such a worker.”

Somebody convicted of such an offence on summary conviction could receive up to 12 months, a fine, or both. Somebody convicted on indictment could likewise receive up to 12 months, a fine, or both.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

The hon. Gentleman may remember my intervention on Second Reading, in which I raised the same point that I am going to raise now. It seems slightly unusual for an offence on indictment and an offence on summary conviction to have the same sentence. I know the hon. Gentleman will have anticipated this question, which I will also put to the Minister, but I was slightly surprised not to see an amendment to the Bill. Could he explain his reason for that, and perhaps whether there is any comparable legislation where there is exactly the same sentence on summary conviction as on indictment? I should say that I fully support the Bill and am delighted to be a member of the Committee, even though I am a late addition, but I would like him to address that point.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

When I was re-reading the Second Reading debate last night and remembered that the hon. Gentleman had joined the Committee, I thought it was just as well that he joined very late. Otherwise, he would have tabled an amendment to that effect, we would be debating it this morning, and I would have had to prepare for it.

The exegesis is simply that I was initially hopeful of a two-year maximum sentence on indictment. Obviously, in nearly every—in fact, in all—other cases, the sentence in a magistrates court is six months on summary conviction. That is what I had assumed that we would be proceeding with, but the Government were keener to go to 12 and 12. I hope that the Minister will be able to answer on that point later. I am enormously grateful for the support that the Government have given in making sure that the legislation is in good shape. There have been some tussles along the way, and we may want to return to the issue of sentence length on Report. I think there is still an argument for a maximum of two years for an offence, but others argue that that would be disproportionate when there are other offences that one could be convicted of that would attract sentences of anything between two and five years. Some people are arguing that that might be a more sensible route to go down when seeking to prosecute.

The new offence in clause 1 also applies to those who are off duty when they are performing the functions that they would have been performing if they were on duty. That is an important provision. Legislation in Scotland is similar but is far more complicated and difficult to use in prosecutions, and there have been instances where that has been used effectively as a loophole. It is also important to say that, as with all such legislation, the offence is not retrospective.

The second provision in clause 2 is the new aggravated offence in relation to seven sections of the Offences Against the Person Act 1861 and manslaughter, kidnapping and ancillary offences. I am glad to say that those ancillary offences cover quite a broad range of those who might be caught. This particular provision has taken the model of the Criminal Justice Act 2003, which created an aggravated offence originally in relation to those perpetrating an offence in relation to somebody’s sexual orientation or their disability, and was subsequently amended to include whether the victim was or was presumed to be transgender. That is a good parallel because, although it does not necessarily increase the maximum sentence available, it means that the court has to state the fact that this is an aggravated offence in open court. That will be of some comfort to quite a lot of emergency workers who have gone to court and seen the person get a minimal sentence with no reference to the fact that this was an aggravated offence. Secondly, it means the court has to consider that as increasing the seriousness of the offence.

I have heard people say that the court already has lots of other means of assessing aggravated elements of the seriousness of an offence, but those vary enormously from things such as the time of day to the vulnerability of the person and the venue and so on. It is important that we put this at least on a par with the provisions of the 2003 Act. Again, it would not apply retrospectively.

I hope that all hon. Members will support the inclusion of the two offences.

Nick Hurd Portrait The Minister for Policing and the Fire Service (Mr Nick Hurd)
- Hansard - - - Excerpts

I join the hon. Member for Rhondda in saying what a pleasure it is to serve under your chairmanship, Ms Ryan, I think for the first time in my case. If you will indulge me, may I also place on the record my admiration for the success that the hon. Gentleman has had so far with the Bill? Unfortunately, I could not attend Second Reading, so I could not place on the record my genuine admiration for his work. He is characteristically modest in describing himself as the midwife of the Bill, although I join him in congratulating the hon. Member for Halifax on her tireless work. Her speech on Second Reading was extremely powerful in helping to explain through human anecdote why such a Bill is necessary. I also join the hon. Member for Rhondda in congratulating the other sponsors of the Bill.

Having sat in the hon. Gentleman’s shoes and taken a private Member’s Bill through in my first Parliament, I also congratulate him on how he has managed the process and resisted many temptations and invitations to add baubles to the Christmas tree that is this Bill. The reality of these situations is that the more baubles you add to the tree, the more likely it is to fall over. This tree stands proud before us today because it has the right number of baubles on it, which is in large amount due to the discipline of the hon. Gentleman in seeking to pursue a Bill that is simple and coherent. He has done that and I congratulate him on it. That in large part explains why the Government are pleased to support the Bill, not least because it sends a clear message that assaults on emergency workers will not be tolerated.

As the hon. Gentleman made clear in his remarks, clause 1 creates a new form of common assault where the assault is on an emergency worker. An offence committed under those circumstances will be triable either way and will have on indictment a maximum penalty of 12 months in prison. That is double the current maximum penalty for the existing offence of assault. The new offence provides increased protection under the law for emergency workers who may be assaulted in the course of their day-to-day work.

Such increased protection will also extend to situations where an emergency worker is not at work, but acts as if he or she was—for example, when an off-duty firefighter rescues someone from a burning building. The offence will sit alongside the existing common law offences of assault and battery but will be targeted at assaults against emergency workers. In the case of a more serious assault against such a worker, the existing offences of actual bodily harm and grievous bodily harm are likely to apply.

It is worth reiterating why we are creating a new form of common assault when perpetrated against an emergency worker.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

I am sure the Minister heard my intervention. Perhaps he is answering it in his own way by explaining about other offences that sit alongside this one, but I wonder if he would directly address my point. I believe it is unusual for there to be exactly the same length of sentence for an offence that is tried summarily as for one that is tried on indictment. It may be that he is already answering that point, but I would press him slightly further on whether there is a specific explanation why the six-month and two-year sentences initially proposed have not found favour with Her Majesty’s Government.

09:45
Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

My hon. Friend is too generous; I was not actually answering his question, but I will attempt to do so now. His basic question is why does the maximum penalty seem to be 12 months in both the magistrates court and the Crown court? The maximum penalty is in fact six months in the magistrates court and 12 months if dealt with in the Crown court. The provisions of clause 1(4) make it clear that the provisions should be read as six months, to match the sentencing powers of magistrates. That is a drafting provision to take account of provisions in the Criminal Justice Act 2003 that have not been commenced. I hope that gives my hon. Friend some explanation. I am more than happy to tease that out in the Committee and during further proceedings.

I am keen to register the human dimension. The Second Reading debate was incredibly useful in drawing out, constituency by constituency, real human examples of the risks that our emergency workers take on our behalf and intolerable situations they find themselves in. We know those examples instinctively, but it is useful to bring the experiences together in such a debate. That is why the Bill is timely and right. I am sure every single member of the Committee would join me in expressing our gratitude and respect for our emergency workers. The statistics about the number of assaults across the range of emergency workers covered by the Bill are genuinely shocking, and the Second Reading debate brought that through very clearly. It is very clear to me and the Government that emergency workers deserve the full protection of the law. Tougher sentences for assaults on emergency workers send the clearest possible message that that such cowardly and despicable behaviour will not be tolerated.

On Second Reading, we listened to various suggestions for amendments. Concerns were expressed about whether the maximum sentence for the new form of common assault, where the assault is perpetrated against an emergency worker, is harsh enough. An increase for the maximum penalty from six months to 12 months is exclusively for the lowest level of assault, which may not involve any injury, and the act constituting the offence can be as little as a push. The offences of actual bodily harm or grievous bodily harm are more likely to be used if the assault is more severe. Both those offences already have a maximum penalty of five years.

Members also raised the issue of which emergency workers were covered by the Bill. The original definition of emergency worker proposed would mean that many people working in or for the NHS, who are at risk of being assaulted because they have face-to-face contact with patients or other members of the public as a regular part of their job, would not be covered by the extra protections provided by the Bill. We want to ensure that all those working in or for our NHS, providing services directly to the public, who suffer an assault either in the course of doing their job or using their skills to provide emergency care to members of the public while off duty, are given equivalent protections to those working on the frontline in our emergency services. That definition will be considered in greater detail, I am sure, during our discussions.

Huw Merriman Portrait Huw Merriman (Bexhill and Battle) (Con)
- Hansard - - - Excerpts

Has the Minister assessed whether it makes sense for the Attorney General’s powers relating to reviewing unduly lenient sentences to have some regard to the new offence? I say that because the new offence runs alongside existing offences. I do not wish to change the drafting of the Bill, but I ask the Minister follow how the offence develops, and in the event that the courts are not sentencing as we would like, perhaps he can look at whether the Attorney General’s power should be enhanced to cover the new offence.

Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

I thank my hon. Friend for that thoughtful intervention, which I recall he also made on Second Reading. I certainly undertake to discuss that point with colleagues at the Ministry of Justice and the Attorney General himself. My hon. Friend will recognise that what the hon. Member for Rhondda is doing through the Bill, which the Government support, is to put in place new measures that complement the existing legislation and send a strong signal to and through the system that we will not tolerate assaults on emergency workers. We are doing that both through the creation of the new offence and through the aggravating factor, which strengthens the hand of the system.

I was talking about how the scope of the Bill has shifted during the course of the debate. In addition to NHS workers, the original definition of emergency workers included prison officers and persons

“(other than a prison officer) employed or engaged to carry out functions in a custodial institution”,

but it did not cover those working in a situation in which a prisoner is being transported—for example, to court—by someone other than a prison officer. We believe it is important that those individuals are covered by the Bill. We will discuss that when we come to the relevant amendment.

Clause 2 creates an aggravating factor, as I signalled in response to my hon. Friend, which will apply to assaults that are not covered by the new offence of common assault against an emergency worker. The Bill places a duty on the court to consider assaults, which include actual bodily harm, grievous bodily harm and manslaughter, committed against an emergency worker as an aggravating factor in sentencing. The offence will therefore be considered more serious and may merit an increased sentence within the maximum allowed for the offence. The sentencing judge must state in open court that the offence is so aggravated. Clause 2 puts the sentencing guidelines on a statutory basis, but with reference to a specific group of people—emergency workers—and for a specific list of assault and assault-related offences.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I do not think there is a great need to add to that. One point referred to on Second Reading was whether the complexity of the Scottish Act, in which there is a loophole relating to whether somebody is exercising their functions, would be replicated in this Bill, which will apply to England and Wales. Because of the way the Bill is drafted, I think we can be pretty confident that such a loophole will not exist. I do not think that there are any further issues that need to be addressed.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Clause 3

Meaning of “emergency worker”

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I beg to move amendment 1, in clause 3, page 3, line 24, at end insert—

“() a prisoner custody officer, so far as relating to the exercise of escort functions;

(b) a custody officer, so far as relating to the exercise of escort functions;”

This amendment would broaden the definition of “emergency worker” so as to include those who provide prisoner escort services (which include the delivery of prisoners to court and their custody whilst on court premises) and corresponding services in respect of persons detained in youth detention accommodation.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss:

Amendment 2, in clause 3, page 3, line 29, leave out paragraph (h) and insert—

“(h) a person employed for the purposes of providing, or engaged to provide—

(i) NHS health services, or

(ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.”

This amendment would broaden the range of health care workers included within the definition of “emergency worker” so as to include all clinical workers providing NHS services and support workers who have direct interaction with patients or the public more generally.

Amendment 3, in clause 3, page 3, line 34, leave out subsections (3) and (4) and insert—

‘(3) In this section—

“custodial institution” means any of the following—

(a) a prison;

(b) a young offender institution, secure training centre, secure college or remand centre;

(c) a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999;

(d) services custody premises, as defined by section 300(7) of the Armed Forces Act 2006;

“custody officer” has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994;

“escort functions”—

(a) in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991;

(b) in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994;

“NHS health services” means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006;

“prisoner custody officer” has the meaning given by section 89(1) of the Criminal Justice Act 1991.”

This amendment is consequential on Amendments 1 and 2.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

Clause 3 defines an emergency worker. As the Minister has already adumbrated, on Second Reading concerns were expressed about whether the definition had been drawn too tightly. Consequently, amendment 1, which we could call the amendment of the hon. Member for Louth and Horncastle (Victoria Atkins), because she was the person who raised the issue on Second Reading, would add prison custody officers to the definition of emergency workers. That was supported on Second Reading by the Prisons Minister and subsequently by Justice Ministers and others.

Amendment 1 has to be read in conjunction with amendment 3. I have all the detail, if anybody wants it. I can go into each of the subsections of each of the Acts that we are referring to, but it ends up as quite a spaghetti junction of legislation. Amendment 3 specifies the meaning of the terms custodial institution, custody officer, escort functions and prisoner custody officer, via section 147 of the Immigration and Asylum Act 1999; section 300(7) of the Armed Forces Act 2006; section 81 of the Criminal Justice Act 1991; paragraph (1) of schedule 1 to the Criminal Justice and Public Order Act 1994; and section 89(1) of the Criminal Justice Act 1991.

I do not think anybody would have serious problems with those definitions but if Members would like to quiz me on them, I have all the gubbins ready.

Wendy Morton Portrait Wendy Morton (Aldridge-Brownhills) (Con)
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

Oh dear. [Laughter.]

Wendy Morton Portrait Wendy Morton
- Hansard - - - Excerpts

Fear not—I support the Bill. While we are discussing the definitions, although I have not tabled an amendment, a couple of specific points were raised in the Chamber on Second Reading about which I want to be absolutely certain. One was whether the Bill would cover the armed forces operating under Operation Temperer. Secondly, my understanding is that PCOs are covered, but I seek clarity on that. It is important to get the definition right. It needs to be tight enough to make the Bill good and workable, but not so tight that some of those other valuable emergency workers are excluded.

The hon. Gentleman might remember that I also talked in the Chamber about refuse collectors. I will not press that today, but in future, if this Bill works, there might be some scope to look further.

None Portrait The Chair
- Hansard -

It is an intervention not a speech.

Wendy Morton Portrait Wendy Morton
- Hansard - - - Excerpts

Sorry, Ms Ryan.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I thought that was an admirably brief intervention, by my standards. The hon. Lady makes two very good points and one with which I disagree. The two on which I agree are that members of the armed forces effectively operating as emergency workers would be covered by the Bill, as would PCOs. I have no doubt about that.

My anxiety is that, if we extend the Bill to all public sector workers, such as refuse collectors, it would be difficult not to include housing officers and a wide range of others. I felt that the specific problem we have now relates to emergency workers and the dramatic rise in the number of incidents is significant. In addition, there is a moral imperative for us to stand by our emergency workers at such a moment. That is why I have resisted suggestions that we should spread further than what I consider to be emergency workers.

I will own up to the hon. Lady that there is one issue that I am not sure we have yet got right and that is in relation to St John Ambulance workers. Everybody thinks of a St John Ambulance worker as somebody who runs an ambulance service. On occasion they would be covered by the Bill, if it were enacted, because they would be commissioned by the NHS to provide ambulance services, or perhaps search services; however, in the mere provision of first aid services, they would not be covered. That could lead to an odd situation where an NHS ambulance was sitting immediately next to a St John ambulance at a football stadium and one set of people would be covered and the other would not. We may need to return to that. However, I do not want to open up to everybody who provides first aid services on a voluntary basis for every charity in the country because that would water down the provision in the Bill.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I will give way to the hon. Lady.

Wendy Morton Portrait Wendy Morton
- Hansard - - - Excerpts

I will be brief. Does the hon. Gentleman agree that getting the definition and the Bill right will send a strong message to those who are not covered by the definition in the Bill that some of the behaviour we have seen, particularly spitting and biting, is unacceptable?

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

Yes. I know of housing officers who have to make very difficult decisions and they get a great deal of grief and often aggressive—sometimes physically aggressive—behaviour from potential clients in housing offices up and down the land. Of course, I do not condone any of that violence. I am glad to say that my local authority has very strong measures in place to ensure that all its staff are safe.

The Bill will not of itself end all the assaults and inappropriate behaviour. There is a duty of care on all employers, whether that is the police, the NHS, an ambulance trust or whatever, to ensure that their staff are safe. There are always measures they can put in place to ensure that. That is one of the reasons why the trade unions have played such an important role. Broadly speaking, nearly everyone we are talking about in this definition is unionised in some shape or form, although it is not quite the same with the police. The unions can play an active role in ensuring that staff are protected.

I do not know whether the hon. Member for Bexhill and Battle, who rose at the same time as the hon. Member for Aldridge-Brownhills, still wants to come in.

10:03
Huw Merriman Portrait Huw Merriman
- Hansard - - - Excerpts

I did have a further point. I absolutely take into account the need to keep the Bill tight, because otherwise it loses its purpose, but I recall that a key point discussed on Second Reading—I used the statistics myself—was the number of assaults in hospitals, which in four years has risen from 59,000 to slightly over 70,000. What proportion of those 70,000 cases will be covered by the Bill? Those incidents are particularly prevalent in the accident and emergency side, but what about the vast proportion remaining? Would that be something that the Bill could look at in the future to ensure that all NHS staff are protected? Currently they are not.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

Amendment 2, which I am about to speak to, would help substantially. The truth is that we do not know the precise statistic the hon. Gentleman is seeking. We might stand a better chance if we kept the provision in the NHS that gathers such statistics, but unfortunately that is being abolished, so we will rely merely on staff surveys, which are a less reliable means of obtaining information.

The good news is that amendment 2 would extend the definition of emergency worker to include all those providing NHS health services. Incidentally, I understand that the phrase “national health service health services” is slightly clumsy, but it is the only way that we could make it work. Amendment 3 specifies the provision of NHS health services, so amendments 2 and 3 have to be read together. The National Health Service Act 2006 and the parallel National Health Service (Wales) Act 2006 have a different way of defining NHS services from the one I suggested we would proceed with on Second Reading. I will read the definition from the Welsh version, because it is exactly the same as the English one, apart from the word Wales is used rather than England, and I am Welsh. It states:

“The Welsh Ministers must continue the promotion in Wales of a comprehensive health service designed to secure improvement—

(a) in the physical and mental health of the people of Wales, and

(b) in the prevention, diagnosis and treatment of illness.”

Members will acknowledge that that is a broad definition of the provision of NHS services that brings a large number of people into the ambit of emergency workers. If a nurse is working on a hospital ward and someone has a cardiac arrest, it would be difficult to argue that they should not be covered by the Bill. It is the same for a hospital orderly working in the building, taking someone down to theatre or whatever. I am delighted with the way that the Government have helped redraft the Bill through amendment 2. I hope all Members will support amendments 1, 2 and 3 and ensure that clause 3 remains part of the Bill.

Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

The Government not only accept, but welcome clause 3 and the amendments tabled by the hon. Member for Rhondda.

The clause, as the hon. Gentleman made clear, sets out the definition of emergency worker as it applies to the new offence of assault on an emergency worker and as it applies to the aggravating factor. The clause gives a list of occupations or groups of people, which broadly includes the police, prison officers, fire, rescue and search personnel and services, and those providing healthcare services. My hon. Friend the Member for Aldridge-Brownhills sought reassurance on police community support officers, and I confirm that the hon. Gentlemen was entirely correct in the reassurance that he gave.

The Bill focuses on people who have to deal with difficult people in difficult situations as part of their day-to-day job. That job exposes them to a degree of risk of assault and the Bill will give them increased protection in the event of such attacks. Although all the workers in clause 3 are defined as emergency workers, there is no requirement in the Bill that they must be responding to a specific emergency when an offence is committed against them.

We accept amendment 1, which brings those who provide prisoner escort services within the Bill’s definition of emergency worker. That will ensure that the people responsible for escorting prisoners between prisons and courts and for guarding prisoners while they are at court are brought within the Bill’s provisions. We believe it is right that they will be covered by the new offence of assault on an emergency worker and by the aggravating factor.

We accept amendment 2, which aims to widen the definition of emergency worker in the health sector for the purposes of the Bill and to ensure that we protect all those working on the NHS frontline. I thank my colleagues at the Department of Health for their co-operation with us. It is completely unacceptable for those providing healthcare in an emergency situation to be assaulted. However, many healthcare workers and those who support them, whose jobs involve regular face-to-face contact with patients, their relatives or other members of the public, are also vulnerable to assault while carrying out their duties. As has been pointed out, the statistics are genuinely shocking. It is only right that all those working on the NHS frontline are afforded the greater protections provided by the Bill.

I will briefly say something about those who work for first aid organisations, such as St John Ambulance, to which the hon. Gentleman referred. As we push the boundaries of the Bill, we get into difficult definitions and choices, which I am sure will be probed by Parliament as the Bill proceeds. Our view is that staff and volunteers who selflessly give up their time should be protected by the Bill if they are assaulted while providing a service under contract to the NHS. They may also fall within the scope of the Bill if the assault occurs while carrying out an activity that can be classed as a rescue. Those are the circumstances that currently we envisage as enabling those staff and volunteers to be protected by the Bill, but I am sure that there will be views expressed on that as it proceeds.

We consider that this new, expanded definition strikes the right balance—balance is inevitable in these situations—and includes those who fit the definition of emergency workers for the Bill’s purpose. However, we will consider any further proposals put forward by the hon. Member for Rhondda.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

I am very grateful to the Minister for his words at the end. We will look at whether there are further means of tightening this up on Report, but there is not much else that needs to be said on this part of the Bill.

Amendment 1 agreed to.

Amendments made: 2, in clause 3, page 3, line 29, leave out paragraph (h) and insert—

“(h) a person employed for the purposes of providing, or engaged to provide—

(i) NHS health services, or

(ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.”

This amendment would broaden the range of health care workers included within the definition of “emergency worker” so as to include all clinical workers providing NHS services and support workers who have direct interaction with patients or the public more generally.

Amendment 3, in clause 3, page 3, line 34, leave out subsections (3) and (4) and insert—

‘(3) In this section—

“custodial institution” means any of the following—

(a) a prison;

(b) a young offender institution, secure training centre, secure college or remand centre;

(c) a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999;

(d) services custody premises, as defined by section 300(7) of the Armed Forces Act 2006;

“custody officer” has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994;

“escort functions”—

(a) in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991;

(b) in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994;

“NHS health services” means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006;

“prisoner custody officer” has the meaning given by section 89(1) of the Criminal Justice Act 1991.” —(Chris Bryant.)

This amendment is consequential on Amendments 1 and 2.

Clause 3, as amended, ordered to stand part of the Bill.

Clause 4

Taking of samples under the Police and Criminal Evidence Act 1984

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clauses 5 and 6 stand part.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

As I am sure all hon. Members are aware, clauses 4, 5 and 6 relate to spitting and the taking of intimate or non-intimate samples. The reason for the clauses is clear: the incidence of people spitting at emergency workers has risen dramatically. Spitting may seem relatively innocent to some people, but it is perfectly possible to pass on communicable diseases by spitting. Often, an individual who has been spat at will not know for some considerable time whether they have contracted a particular communicable disease and will therefore be put through precautionary medical interventions that they would not otherwise have had to go through. We have all heard stories of false positives for various diseases being given to police and other emergency workers following that process.

Spitting is not just a question of saliva. Sometimes—if someone has been in a fight and lost a couple of teeth, for instance, and there is blood in their mouth—people spit an amount of blood. However, I want to make absolutely clear from the beginning, in case there is any doubt, that I do not believe that that has anything to do with HIV. It is my understanding, from all the medical evidence I have looked at and the advice provided by NHS England, NHS Wales and the World Health Organisation, that spitting does not transmit HIV, including when there is blood in the saliva. There is no evidence that that is the case. There has been some wild talk that it is, but it is not. I remember that there was a similar debate when I was a priest in the Church of England and people were concerned about taking communion wine. In actual fact, the combination of saliva, silver and alcohol was a good way of killing off the HIV virus.