Policing and Crime Bill

Debate between Diane Abbott and Brandon Lewis

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Brandon Lewis]

I thank the right hon. Lady for her remarks. Yes, we agree, and amendment 135 therefore removes the automatic requirement for a coroner’s investigation in such cases. There will be a continued duty on a coroner to investigate any death where there is a suspicion that it might have resulted from violence or unnatural causes or where the cause of death is unknown.

Last, but certainly not least, and importantly, Lords amendments 124 to 132 would right the wrongs suffered by gay and bisexual men who were for centuries persecuted under homophobic laws for conduct that society now regards as normal activity. These amendments will confer an automatic pardon on deceased individuals convicted of certain consensual gay sexual offences that would not be offences today, and on those persons still living who have a conviction for such an offence that has been disregarded under the terms of the Protection of Freedoms Act 2012.

The amendments will also enable the disregard scheme to be extended, by regulations, to cover other abolished offences used to target homosexual activity, including the offence of solicitation by men under section 32 of the Sexual Offences Act 1956. These provisions will extend to Northern Ireland as well as to England and Wales, with the Scottish Government having separately announced its intention to bring forward legislation in the Scottish Parliament.

At this point, I want to take the opportunity to apologise unreservedly, on behalf of the Government, to all those men who will receive a pardon. The legislation under which they were convicted and cautioned was discriminatory and homophobic. I want to make sure that all who were criminalised in this way and had to suffer society’s opprobrium, and the many more who lived in fear of being so criminalised because they were being treated in a very different way from heterosexual couples, actually understand that we offer this full apology. Their treatment was entirely unfair. What happened to these men is a matter of the greatest regret, and it should be so to all of us. I am sure it is to Members across the House. For this, we are today deeply sorry.

This is an historic and momentous step, one of which we can all be justly proud. I pay particular tribute to the Under-Secretary of State for Justice, my hon. Friend the Member for East Surrey (Mr Gyimah), who is the Minister responsible for prisons and probation, for the work he has done in government to make this happen. For his campaigning from the Back Benches, I would particularly like to mention, among others, the hon. Member for East Dunbartonshire (John Nicolson).

These Lords amendments improve and enhance the Bill, so I wholeheartedly commend them all to the House.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

I rise to speak to this large group of amendments. In moving on to making what I hope will be brief remarks, I have to say how disappointed I am that the Government were not willing to move on the question of parity of funding, which is an issue not just for groups of families involved in Hillsborough, but, as the hon. Member for Broxbourne (Mr Walker) pointed out, for individual families whose family members die in police custody. This relates to the previous group of amendments, but I wanted to make that point.

Some amendments in this group are welcome. We support the new emphasis on the independence of the new Office for Police Conduct, given the central role it will play in ensuring that the police are held to appropriately high standards. I am glad this has finally been recognised by the Government, and I pay tribute to the work of my noble Friend Lord Rosser.

We are also pleased that anonymity for victims of forced marriage will now be extended to Northern Ireland, following the request by the Northern Ireland Minister of Justice. There is also a number of sensible and straightforward improvements to the regulation of firearms, including a clarification of the laws around antique firearms, and alterations of the definition of airsoft guns that should improve public safety.

I also welcome the Government’s support for amendments to clause 28 that make it possible for investigations into the most serious misconduct to take place more than a year after the relevant officers have left the service. Credit is due in particular to my right hon. Friend the Member for Leigh (Andy Burnham) for his consistent arguments in favour of this reform. Families and communities who have been the victims of injustices in the past can be reassured that, in future, time need not run out on the service’s own disciplinary procedures.

Amendments 94 and 300 grant police officers the power to order a person to remove an item of clothing that is disguising their identity if a senior officer gives them oral permission to do so. This is obviously a practical measure, but we want some reassurance that this power will not be applied indiscriminately to Muslim women who are simply observing their religious beliefs, yet get caught up in the investigation of a crime. We would like the Government to consider ensuring that it is made absolutely clear in police training that the sole proper use of this power is to remove items of clothing that are purposely worn as a disguise. I ask the Government to look again at the language of the 1994 Act and to clarify to prevent such abuse.

The amended Bill also contains provisions for posthumous pardons for the victims of unjust laws that have subsequently been repealed. The Minister made a gracious reference to the work of the hon. Member for East Dunbartonshire (John Nicolson), who has tabled a private Member’s Bill on the issue. There is much to welcome in this set of amendments. My noble Friend Lord Kennedy, along with Lord Sharkey, Baroness Williams and others, played a key role in the debate. Lord Cashman made the amendments more comprehensive in scope by including the many men who had been unjustly targeted, and Lord Lexden supported the extension of the legislation to Northern Ireland. Those contributions would have enormously enriched any legislation on this topic.

Labour Members are pleased that the Government have apologised, and support the pardons for wrongfully convicted gay men who have now died. Placing an unnecessary bureaucratic burden on victims of injustice was clearly wrong. We also praise the expertise that has featured in the process and the debate. Although we believe that the Government could have gone further—especially in relation to the issue of pardons for people who were convicted under sexual offences legislation in the past purely because they were homosexual—we do not oppose their amendments.

Mindful of the fact that this is the last group of amendments we shall discuss before the Bill returns to the other place, I want to pay particular tribute to the expert views that have contributed to its progress. Many retired and serving police officers have made excellent contributions both here and in the other place, along with many learned members of the judiciary, and that has been reflected in the quality of the debate. It is important to note the expert nature of those contributions because in recent months some disdain has been expressed for expertise, although when it comes to police and criminal policy, expertise does not go amiss.

Oral Answers to Questions

Debate between Diane Abbott and Brandon Lewis

Monday 5th December 2016 Commons Chamber

[Brandon Lewis]

I am glad that the hon. Gentleman has joined our cause after so many years of seeing diversity going nowhere under the Labour Government. It is this Government who have driven diversity by trusting local police forces to make sure that when they recruit, they recruit to represent their communities. That is why we are seeing BME representation going up and representation of women going up. We need to do more and I hope the hon. Gentleman will join us in encouraging forces to do that in their current recruitment.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Is the Minister aware that a more diverse police force has been an aim of forces such as the Metropolitan police since the 1970s? Is he aware that the underlying reason why there has been limited success is, sadly, continuing poor police-community relations? And is he aware that funding cuts are restricting the recruitment of officers, whatever their colour or gender?

[Brandon Lewis]

The hon. Lady may like to note that this year, as I said earlier, the Government put protection in for police funding in the settlement, so police are benefiting from that protection. Police forces across the country are recruiting. In fact, the Met is one of the exemplars for how to get a diverse workforce; Police Now was literally the first visit I made in this role. The latest recruitment has seen increases to 25% in respect of women. That is good, but we need to go further and I am glad that the hon. Lady wants to join us in seeing that develop.

Child Sexual Abuse Cases: Metropolitan Police

Debate between Diane Abbott and Brandon Lewis

Friday 25th November 2016 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on the recent review conducted by Her Majesty’s inspectorate of constabulary into the Metropolitan police’s handling of child sexual abuse cases.

[The Minister for Policing and the Fire Service (Brandon Lewis)]

Today, Her Majesty’s inspectorate of constabulary published the findings of its child protection inspection of the Metropolitan Police Service. The findings of the inspection are extremely concerning; they indicate that the Metropolitan police has been failing in its duty to protect children from harm. Those are serious issues that the Government are clear must be urgently addressed.

It is not acceptable that almost three quarters of the child protection cases reviewed either needed improvement or were inadequate, nor is it acceptable that officers were placed in roles focused on tackling child exploitation with no training on how to deal with that crime. It is simply shocking to hear that the Metropolitan police had to be prompted to take action on cases even after serious issues had been identified that meant a child could be at risk.

Yesterday, my right hon. Friend the Home Secretary spoke to the Mayor of London about this report and I spoke to the deputy Mayor. We were reassured that the Mayor’s Office for Policing And Crime intends to take swift action to address those appalling failings. We are also clear that improving the police response to child protection will be a priority for the new commissioner when he or she is appointed.

In the light of the severity of HMIC’s findings, the Home Secretary has commissioned it to provide a quarterly update on action by the Metropolitan police to address the issues and recommendations in the report to help the Mayor ensure that immediate progress is made. The public will rightly expect to see progress being made quickly and will want and need reassurance that clear improvements are being made now. That is why the reports will be published: so that the people of London can hold their force to account for those improvements.

I am sure that everyone in the House will join me in demanding swift progress from the Metropolitan police so that opportunities to protect children are not missed and any child who goes missing or is at risk of child sexual exploitation gets the protection they need and deserve.

[Ms Abbott]

The Home Office said in its “Annual Report and Accounts 2015-16”:

“We have already recognised CSA as a national threat in the Strategic Policing Requirement, obliging forces to maximise specialist skills and expertise to prevent offending and resolve cases.”

It seems that the only force that the Home Office was not obliging to maximise specialist skills and expertise was the Metropolitan police force—the largest force in the country.

I appreciate that this is technically a matter for the Mayor and for the Mayor’s Office for Policing And Crime, but the Home Office had responsibility for this force as recently as 1999. The public will not understand why the Home Office never asked questions about how the largest force in the country was preventing offending and resolving child sex abuse cases.

This report comes weeks after a damning review found “numerous errors” in Scotland Yard’s Operation Midland probe. The revelations come in a week in which the largest group of survivors—the Shirley Oaks Survivors Association—has withdrawn from the child sex abuse inquiry, which makes me wonder how long the Metropolitan police has been failing victims of child sex abuse in London. This is a shocking report, and the Home Secretary cannot hide behind the Mayor. Looking at child sex abuse in its totality and at how the child sex abuse inquiry seems to be crumbling, the public could be forgiven for asking how seriously the Government really take the issue of child sex abuse.

[Brandon Lewis]

I am not quite sure what the hon. Lady’s direct questions were. She referred to a timeframe and mentioned 1999. I am not sure that she has read the full HMIC report—maybe she should do that—but 1999, of course, was at the start of a period of Labour Government, so I am not sure why she is criticising her own Government.

As I said, the Home Secretary has commissioned HMIC to go in quarterly. She has spoken to Mayor of London and I have spoken to the deputy Mayor. They have a plan for how they want to hold the Metropolitan police to account. I have to say, we seem to have more confidence in the Labour Mayor of London than the hon. Lady does, which I am slightly surprised by, but it is important that we focus on this issue, and that the House gives a unified statement of clear intent. We should be united in saying that the Metropolitan police—which, as the report makes clear, is responsible for this, and for the shocking situation whereby nobody in senior management took responsibility for it—needs to get to grips with the situation, deal with it and do that now.

Orgreave

Debate between Diane Abbott and Brandon Lewis

Tuesday 1st November 2016 Commons Chamber

[Brandon Lewis]

My hon. Friend makes an impassioned point. I would not for a moment want to put words in the mouth of the right hon. Member for Leigh (Andy Burnham) from the Dispatch Box. I am sure he will be able to explain the actions he took or did not take during that period. For us, this has not been a political decision. The Home Secretary said yesterday that it is about looking at what is right in terms of the wider public interest and in the light of the substantial changes to and reforms of the police service there have been. All of us, across the House, should get behind the continued driving through of future reforms of the police service through the Policing and Crime Bill.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

We on the Labour Benches have noted that the Home Secretary has not bothered to come before the House on this occasion to explain her decision.

Most people in this House remember the miners strike, and what happened at Orgreave was totemic. Most people in the House also remember what Lord Stockton—Harold Macmillan—said in his maiden speech in the House of Lords about the miners strike:

“it breaks my heart to see what is happening in our country today. A terrible strike…by the best men in the world. They beat the Kaiser’s army and they beat Hitler’s army. They never gave in.”—[Official Report, House of Lords, 13 November 1984; Vol. 457, c. 240.]

Does the Minister understand that the Home Secretary’s decision is a slap in the face to the best men in the world and their friends and supporters? Does he understand that the Orgreave campaigners feel that they have been led up the garden path by the Home Secretary? And does he understand that the Home Secretary’s proposition is that because there were no deaths and no convictions—and the cases only collapsed because the collusion by South Yorkshire police officers was revealed—injustice must stand? The Opposition say to Ministers that we will not let this issue go and that injustice will not be allowed to stand.

[Brandon Lewis]

The hon. Lady was here yesterday when the Home Secretary was here, having already made a written ministerial statement, to answer questions on this matter during oral questions. I am here today because this issue forms part of the portfolio I cover for the Home Office.

The Government have stood up and brought forward inquiries before. We have not been afraid to address matters to correct the wrongs of the past. We have had to consider the wider public interest, which includes what lessons need to be learned and how we change police behaviour based on what happened 30 years ago. Bear in mind that since that time we have had not only the Police and Criminal Evidence Act 1984 but a range of other reforms, not least the delivery of local accountability through police and crime commissioners and changes in police practice. Looking at what lessons could be learned, what the benefits would be and what outcomes we are looking for from a public inquiry, the Home Secretary’s decision, although the hon. Lady disagrees with it, is absolutely right.

I would just make a further point to the hon. Lady. In looking at the wider public interest, the Home Office considers a wide range of matters, including differences with previous cases where there were a substantial number of tragic deaths. In this case there were none and there were no convictions, so what we are looking at with a public inquiry is whether other lessons could be learned. As I said yesterday, if the hon. Lady looks at the changes in police practice over 30 years, she will see there would be no benefit from proceeding with a public inquiry.