Police, Crime, Sentencing and Courts Bill (Tenth sitting) Debate
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Alex Cunningham
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Police, Crime, Sentencing and Courts Bill (Tenth sitting)
Alex Cunningham Excerpts(2 years, 10 months ago)
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Victoria Atkins
The custodial aspect has been increased from three months to six months in relation to organisers of public processions and assemblies who go on to breach conditions, as well as those who incite others to breach conditions. The sentence in relation to the fine is for those who breach conditions. They go in a different category from organisers and those who incite others to breach conditions.
I do not have any examples to hand immediately, but I imagine some will find themselves in my file in due course. We are looking at maximum sentences, but it is still for the independent judiciary to impose sentences in court on the facts of the case that they have before them. That is another safeguard and another check and balance within this legislation. It will be for the judiciary to impose individual sentences, but it is right that Parliament look at the maximum term.
Alex Cunningham (Stockton North) (Lab)
What evidence does the Minister have for the need for tougher sentences in this area? Are the judiciary saying that they are ill equipped to sentence people appropriately when they have been convicted of this type of activity?
Victoria Atkins
Again, I point to the disruption and to the tactics that have been developing over recent years, which have grown not just more disruptive but, in some cases, more distressing. There are examples of an ambulance being blocked from an A&E department and of commuters being prevented from getting on the train to go to work in the morning by people who had attempted to climb on to the train carriage. We are seeing more and more of these instances, so it is right that the maximum sentence is commensurate.
If protesters feel that such measures are disproportionate, they will presumably put that defence forward in court. It will be for the Crown to prove its case beyond reasonable doubt and for their counsel to mitigate on their behalf. We are trying to show the seriousness with which we take these small instances, where the balance between the rights of protesters and the rights of the community that is not protesting is disproportionate within the checks and balances that we have already discussed in the course of this debate.
I turn now to the measures relating to noise. The provisions will broaden the range of circumstances in which the police may impose conditions on a public procession or a public assembly to include circumstances where noise may have a significant impact on those in the vicinity, or may result in serious disruption to the activities of an organisation. These circumstances will also apply to single-person protests.
The hon. Member for Rotherham asked whether the noise provision was London-centric, with the biggest protests happening in London. As I said earlier, one would not want to assume that some of the protests that we have seen on the news could not happen outside London, as with the “Kill the Bill” protests in Bristol. It is right that we have clarity and consistency in law across the country so that if a group of protesters behaved in the way people appear to have behaved in the Bristol protests—injuring many, many police officers who were just acting in the line of duty—one would expect the law to apply as clearly in Rotherham as in central London.
Victoria Atkins
The organiser in those circumstances would, of course, be liable to having a committed an offence only if they breached the order. Indeed, this is the important point. It is for the police to make that assessment. If the police have a conversation with an organiser and say, “We believe that using your very high-level amplification system in this residential street meets the criteria under subsection (3) such that we are going to impose a condition asking you to turn it down,” the organiser, or the person deemed to be the organiser, will have had that conversation with an officer, and I very much hope that they will abide by the condition. If they do not, that is where the offence comes in, and that is a choice for the organiser.
As is already the case with processions, those conversations will happen and it will be a matter for the organiser as to what course of action they choose to take. One hopes that they will take the advice and guidance of the police, adapt and therefore be able to continue with their protest in a way that meets the expectations of the local community or local businesses. I appreciate that the detail is incredibly technical, and I am trying to work through every set of factual circumstances. I understand absolutely why people want to work through those, but there are checks and balances that run throughout the Bill.
Alex Cunningham
First, does the Minister agree that we must therefore have specific training for the police? She has referred many times to senior officers making decisions, but senior officers might not be available in Stockton-on-Tees or Rotherham, and certainly not in the local village, when there is some form of demonstration. The local PC may well be the person who has to turn up and make some form of decision in this situation. Secondly, on the issue of noise itself, how can a police officer be fair and objective where there are different groups of people who will be suffering differently as a direct result of a demonstration? A bunch of teenagers standing on Whitehall might find the noise and the robustness of the conversation tremendously exciting, but the pensioners group that has gone for tea at the local café might be very distressed. How on earth does the police officer make a balanced decision in that sort of situation?
Victoria Atkins
I can help the hon. Gentleman on the officer point. Pre-procession—in other words, in respect of processions that are yet to happen—the conditions must be assessed, and if ordered, ordered by a chief officer. That is a chief constable outside London, and in London an assistant commissioner. That is the highest rank in a police force. Mid-procession, conditions are imposed by a senior officer, which is an inspector or above, at the scene. So I do not think that the circumstances that the hon. Gentleman describes will arise. It is another example of the checks and balances that we have tried to put in place throughout this part of the Bill to ensure that these decisions are taken by very experienced and specialised officers.
I have been given another example to help demonstrate the point. A noisy protest that lasts only a short time may not meet the threshold, so the 90 seconds of—I forget the piece of music—
Victoria Atkins
Exactly right. The police will first have to satisfy themselves and the CPS that a charge should be brought, and from that all the usual safeguards and standards that we expect in the criminal justice system will apply. For example, the CPS will have to apply the code for Crown prosecutors in relation to the public interest and evidential tests. We will then have the mechanisms in the trial process—perhaps a submission at half-time by defence counsel if they feel the evidence is not there. There are many mechanisms that apply in criminal trials up and down the country every single day, and those mechanisms will be available for offences under the Bill as they are for any other criminal offence.
I have been asked for clarification of the terms: annoyance, alarm, distress and unease. Many of those terms are already used in the Public Order Act 1986 and in common law. They are well understood by the judiciary, and the Law Commission—this is particularly in reference to the public nuisance point, which we will come on to in a moment—recommends retaining the word “annoyance”, as it provides continuity with previous legal cases and is well understood in this context. We understand the concerns about this, but as I say, through the introduction of these words, we are trying to be consistent with the approach that has long applied in the Public Order Act.
It is necessary to apply the measure in relation to noise to single-person protests because they can, of course, create just as much noise through the use of amplification equipment as a large protest using such equipment. Again, the police will be able to impose conditions on a single-person protest for reasons relating only to noise, not for any other reason.
Forgive me: I have just been corrected regarding the briefing I received about the rank of the officer at the scene. It is the most senior officer at the scene, so there is no minimum rank, but it is anticipated in the use of the word that it will be an officer of great seniority. Any protest on which it may be necessary to impose conditions is likely to have an officer present of at least the rank of inspector.
Alex Cunningham
I am grateful to the Minister for clarifying that point, but it does mean that the local sergeant or PC in a village or a town centre is going to have to make decisions about these matters. My point was that surely, this means that there needs to be some very specific training on how police should react to demonstrations or other activities of that nature.
Victoria Atkins
I would give the police some credit. First, if it is a protest of any serious size, or the organisers have contacted the police or the other way around, this can and should be dealt with ahead of the protest. In the event of a protest taking people by surprise in a quieter area than a huge metropolis, the police will react as they are very used to reacting in circumstances that need them to be flexible and move quickly, and I am sure they will have people on the scene very quickly who can assist with this. We want to ensure that the expectation is that a senior officer, and certainly the most senior officer at the scene, will be the one imposing these conditions.
I now turn to the parts of the clauses that set out that the Home Secretary will have the power, through secondary legislation, to define the meaning of
“serious disruption to the life of the community”
and
“serious disruption to the activities of an organisation which are carried on in the vicinity of the procession”,
or assembly or single-person protest. Again, to clear up any misunderstandings, this is not about the Home Secretary of the day banning protests. Opposition Members have understandably called for clearer definitions wherever possible, which is what this delegated power is intended to achieve. Any definition created through this power will need to fall within what can reasonably be understood as “serious disruption”. The threshold will be clarified, not changed: such definitions will be used to clarify the threshold beyond which the police can impose conditions on protests, should they believe them necessary to avoid serious disruption. This is about putting the framework in place to help the police on the ground.
The regulations will be subject to the draft affirmative procedure, which means that they must be scrutinised, debated, and approved by both Houses before they can be made. It will, of course, be for the police in an individual case to apply that definition operationally. They can apply that definition only if the criteria in the Bill are met. This is not about the Home Secretary outlawing particular protests or individual demonstrations; it is about setting a framework for a definition, to help the police operation on the ground to understand the criteria in the Bill. To assist in scrutiny of the Bill, we aim to publish further details of the content of the regulation before consideration on Report.
The clauses relating to protest, public assemblies, marches, processions and demonstrations, as well as other terms that have been used to describe this, represent a modest updating of legislation that is more than 35 years old. They do not enable the police or, for that matter, the Home Secretary of the day to ban any protest. Interestingly, we will come to debates in Committee on new clause 43, which relates to interference with access to or the provision of abortion services. That provision does, in fact, seek to ban such protests, so, again, there is a balancing act, or the grey area that has been referred to in this very debate.
Alex Cunningham
I am interested in what the Minister has to say about new clause 43. Is she indicating Government support for the measures that we are trying to introduce?
Victoria Atkins
No, I am drawing out an apparent contradiction. I do not say that in a pejorative sense. The hon. Member and others have expressed strong reservations and complaints about the Bill. I understand that they will vote against the measures, but it seems that discussions about freedom of speech and expression—that balancing act—will be part of the consideration of the Opposition’s new clause. I am not laying out a position either way; I am observing the difficulty in achieving that balancing act and an apparent contradiction. It is for individual Members to decide matters of scrutiny.
These clauses provide for a sensible alignment of police powers to attach conditions to an assembly or a public procession, and extend those powers to deal with particularly egregious cases of disruption due to unacceptable levels of noise. The measures are supported by the police, who will, as now, have to exercise the powers within the framework of the Human Rights Act. On that basis, and with that detailed analysis, I commend the clauses to the Committee.
Question put, That the clause stand part of the Bill.
Bambos Charalambous
One of the problems is that there is less local authority provision for Travellers to go to. That loss of provision, which is partly due to cuts to local government, has caused more problems, meaning that more people are on the road at any given time. However, this issue does not affect just the Traveller community, as the hon. Gentleman will see when I go on to make further points. It also impacts people such as ramblers, birdwatchers and others who want to stay out and sleep in their vehicles while enjoying countryside activities.
Alex Cunningham
My hon. Friend has made the point that there is a failure in our society to provide sufficient facilities for people from the travelling community, be they traditional Gypsies or people who choose to go on the road. Does he agree that the Government, rather than bringing in legislation such as this, should turn their attention to providing local authorities with the resources they need to provide facilities for travelling communities? Does he also agree that that should not be left just to some communities; communities across the country should take a share in providing such facilities so that Travellers can live with them cheek by jowl in a peaceful way?
Bambos Charalambous
My hon. Friend makes an excellent point. That was highlighted by the representative from the LGA in her evidence to the Committee.
As one of the respondents to the Petition Committee’s survey on the criminalisation of trespass put it:
“The criminalisation of trespass will simply exacerbate an already fraught relationship.”
Bambos Charalambous
As I have said, there is no excuse for criminality, and the Gypsy and Traveller community is already overrepresented in the prison population, but I do not think that the two issues are necessarily related to what the clause is trying to achieve. The hon. Gentleman is trying to say that the Gypsy and Traveller community is responsible for crime in Ashfield. I do not know the facts and figures in relation to that, but what the clause does is criminalise communities for being in vehicles on public land. While each Member has a concern about their individual constituents, we need to get back to what the Bill is focusing on, which is criminalising anyone in a vehicle, even on their own. I think that is what we need to focus on.
Alex Cunningham
In Stockton, we have had facilities for travelling communities for many years. I am sure my hon. Friend will agree that this is about having proper facilities. Perhaps I can point him to the example of the Appleby horse fair, which attracts thousands of people every year. We see them travelling up, and they stay on the byways and all sorts of places along the way, but when they get to the site they are properly catered for. There is proper rubbish removal, proper facilities for animals, toilets and all manner of facilities, and they are put in place to provide for that particular need. Perhaps if other local authorities across the country took that approach, we would not have the problems that Government Members have described.
Bambos Charalambous
Again, my hon. Friend makes an excellent point. He is right: if more facilities were provided, that would help to solve the problem.
Bambos Charalambous
Civil remedies would still be available for people who engage in antisocial behaviour, fly-tipping and so on. All we would be doing is criminalising a particular group of people. In my view, the civil remedies would still be there and the cost to the council would still be there if proper facilities were not provided. To me, just criminalising a particular group of people is wrong.
To continue, the NPCC witness said:
“Really, our point fundamentally as the NPCC group is that the issue here is the lack of provision that theoretically should be made, which means that we have this percentage of Travellers who are on unlawful spaces and you end up in the situations that we end up with. Our view is that the current legislation is sufficient to deal with that issue.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 15, Q20.]
We have to ask: why are the Government determined to lock up Gypsies and Travellers, even against the advice of their own police? As Martin Hewitt clearly stated, existing legislation on police powers and unauthorised encampments is enough to tackle the problem. The police already have extensive powers to move on unauthorised encampments in the Criminal Justice and Public Order Act 1994, and as of January 2020, just 3% of Gypsy and Traveller caravans—694—in England were in unauthorised encampments. Of those, 419 were on sites not tolerated and 275 were on tolerated sites. The police and campaigners tell us the evidence is not there that the new powers are necessary and that many more authorised encampment sites should be provided instead.
Alex Cunningham
I sometimes wonder whether the power to discourage Travellers from moving in is in the hands of communities. Travellers move around the country for work—to pick up scrap, to do all manner of gardening work, such as taking down trees for people, and so on. I have had many an argument with people living in communities who say, “We don’t want Travellers here,” but they put out their fridge or their scrap metal for them, they let them cut down their trees. They provide them with work and an incentive to be in the area. So perhaps people have it in their own power. Travellers will not come if there is no incentive for them.
Bambos Charalambous
My hon. Friend makes an interesting point, which is worthy of further discussion.
I will run through a series of points the Minister for Crime and Policing made when responding to a Westminster Hall debate on this question. On concerns about the right to roam being threatened, he said the measures will not affect anyone who wants to enjoy the countryside for leisure purposes, but many organisations, such as the Ramblers Association and CPRE the Countryside Charity, are concerned that although the Government might not intend to capture others enjoying the countryside, they could still do so. The legislation is so open to interpretation that it could easily be applied to anyone with a vehicle. For example, how do the Government propose to ensure that the police distinguish between a modified Transit van or Volkswagen camper used at the weekends and one that is lived in? How will they distinguish between a family going on a caravan holiday and a Gypsy or Traveller family with an identical caravan before stopping them and seizing their property because the police suspect that they might stop somewhere they do not have permission to do so?
The Minister for Policing and Crime also said that there is a high threshold to be met before the new powers kick in, but only one vehicle need be involved, whereas section 61 of the Criminal Justice and Public Order Act requires six vehicles. The bar seems to have been significantly lowered in the Bill. The police currently have discretion to decide whether to use their powers under sections 61, 62 and 62A to 62E, in the latter cases where a suitable alternative pitch is available, but under the proposals in part 4 of the Bill, police will be dutybound to act when they are informed that a criminal offence has taken place.
The term “significant distress” is highly subjective. Given the high levels of prejudice and hatred towards Gypsy and Traveller communities, we are likely to see countless reports of criminal offences being committed, based on someone saying that they are significantly distressed by an encampment. Marc Willers QC, of Garden Court Chambers, said in the evidence sessions:
‘It seems to me that a lot of the language used is vague and uncertain. There is a reference to causing “significant distress” as one of the conditions that could lead to the criminalisation of an individual who refuses to leave a piece of land. That, in itself, brings inherent problems, because a private citizen could very easily invoke the power and leave a police officer with a fait accompli—in other words, they have no option but to arrest an individual who refuses to leave land in circumstances where the occupier says, “I am being caused significant distress by the very fact that this individual is parking on land that I occupy.”’
Alex Cunningham
I am never happier than when I am in my own caravan—always on an official site—travelling around the country and into Europe. I have seen tremendous growth in the number of people driving motor homes, and I see them parked up all over the country, on private land, public land and elsewhere. Those people are also going to get caught up in this particular legislation, are they not?
Bambos Charalambous
Again, my hon. Friend makes a very good point. We want to make sure that people are free to enjoy the beautiful countryside we are lucky to have in the UK without fear of being criminalised in such a way.
Marc Willers QC went on to say:
“That distress can be engendered or underpinned by the prejudice that Gypsies and Travellers face in our society today. It is a widespread and long-standing prejudice, dating back to the first time that Romani Gypsies came to these shores in the 1500s… There may well be unwarranted and unjustified concerns on the part of the occupier, which could lead to the criminalisation of an individual who has nowhere else to go.” —[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 72, Q104.]
I draw to colleagues’ attention the fact that we have caveated damage, distress and disruption with the word “significant”. We have tried throughout the Bill to strike a proportionate balance between landowners’ and communities’ rights to the peaceful enjoyment of and access to property and land, and Travellers’ rights to lead a nomadic way of life in line with their cultural heritage. The qualifying condition of “significant” damage, disruption or distress means that a higher threshold must be met than under the existing powers for tackling unauthorised encampments in the Criminal Justice and Public Order Act 1994, which clause 62 amends. Under the provisions of the 1994 Act, the test is simply causing damage, disruption or distress, so the higher threshold in the Bill helps to ensure that the offence and the powers of arrest, seizure or forfeiture are proportionate.
Alex Cunningham
The Minister places a lot of stock in the word “significant”. To play devil’s advocate—perhaps against myself—she may be holding out a false promise to some of the communities we have heard described today. If a gang of Travellers turn up with 10 caravans, move on to someone’s land illegally—or it would be illegal under the Bill—take their rubbish away and do the work they want to do in the area, they will not be caught by the provision because they will not have caused “significant damage”. Communities across the country think that the Conservative Government are about to deliver all-encompassing, “we can move the Travellers on” legislation, but it is simply not the case.
Victoria Atkins
In that scenario, the hon. Gentleman is right, in that we are addressing the behaviour that is set out in proposed new section 60C(4). In the event of a travelling community behaving as he describes, all the existing civil measures that a landowner can rely upon are there to move them on. We are trying to deal with behaviour that causes significant damage, distress and disruption where encampments are unauthorised. We are balancing things carefully because we want to address the serious scenarios that my hon. Friends have described in their constituencies.
As we have touched on in other contexts, the word “significant” is widely used in legislation, for example in section 14A of the Public Order Act 1986 on “Prohibiting trespassory assemblies”, which refers to “significant damage”. The criminal offence is committed only when a person resides or intends to reside on the land without consent with a vehicle. That avoids criminalising other forms of trespass, for example, the offence does not apply to a hiker, someone who is homeless or someone who inadvertently strays on to private land. I know that many colleagues of all parties have received communications from clubs, associations and people who have taken the time to write to their Member of Parliament or the Home Office on the issue and we very much hope that this will provide them with welcome reassurance. We all have the right to enjoy the beautiful national parks and green spaces that this great country has to offer and we will be able to continue to exercise that right.
The types of harms caught by the offence are defined in clause 61 and cover many of the problems we have been told that residents and landowners face through some unauthorised encampments. These include significant damage to land, property and the environment, as well as threatening behaviour to residents and landowners. Regarding distress, an offence is committed only if significant distress has been caused or is likely to be caused as a result of offensive conduct, which is then defined within the Bill. It is therefore not possible for an offence to be caught if a person is distressed by the mere presence of an unauthorised encampment on the land. That is where the civil measures I referred to earlier will come into play.
I was challenged with an example where a landowner is distressed and demands the police arrest someone. As with every other criminal offence, the police will only arrest someone if they are doing so in the course of their duties under the Police and Criminal Evidence Act 1984. They cannot and must not arrest someone just because a landowner or anyone else happens to demand it. It is important as we are discussing the Bill that we bear in mind the wider checks and balances within the criminal justice system and the wider principles that apply across all criminal offences.
If someone has met the previously mentioned conditions, to be guilty of the offence, they must fail to comply with the request to leave as soon as reasonably practicable and without reasonable excuse. The duties of the police in relation to safeguarding the vulnerable when taking enforcement decisions will continue to apply, as with any other criminal investigation.
The penalties are consistent with squatting legislation and existing powers to tackle unauthorised encampments. The offence is also accompanied by a power for the police to seize the vehicle and other property of the person committing the offence, which ensures that enforcement action is effective and could also have a deterrent effect. Seizure powers are already conferred on the police in relation to failure to comply with a police direction under the 1994 Act. It is right that the police should have equivalent powers in the context of the new criminal offence.
The seizure power is proportionate. Where possible, police decisions to arrest and seize vehicles should continue to be taken in consultation with the local authority which, where possible, would need to offer assurance that it has relevant measures in place to meet any welfare and safeguarding needs of those affected by the loss of their accommodation. The police will continue to undertake any enforcement action in compliance with their equality and human rights obligations.
The shadow Minister set out the police evidence on these new powers. The responses to the 2018 consultation showed a clear desire from the public for the police to be given more powers to tackle unauthorised encampments, but unauthorised Traveller sites require a locally driven, multi-agency response, led by local authorities and supported by the police. There are incentives in place for local authorities to encourage the provision of authorised Traveller pitches. Local planning authorities should continue to assess the need for Traveller accommodation and identify land for sites.
It is only right that the police are given the powers to tackle instances of unauthorised encampments that meet the conditions of proposed new subsection (4). We are very pleased that the Opposition are adopting the position that we should legislate for changes to police powers when requested by the police, because that gives us hope that they will support the measures in part 3, which we have just debated and which have been requested by the police.
This new offence is not targeted at any particular group. Rather, anyone who causes significant damage, disruption or distress in the specified conditions and who refuses to leave without reasonable excuse when asked to do so will be caught by the offence.
Section 61 of the 1994 Act is currently exercisable where any of the trespassers has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, Under the amendments in clause 62, the relevant harms comprise damage, disruption or distress, including environmental damage, such as excessive noise and litter. The harms do not need to be significant for police to be able to direct trespassers away in the first instance. That will make it easier for the police to direct trespassers away where encampments are causing problems for landowners, communities or businesses.
We have also increased the period in which trespassers directed away from the land must not return, from three months to 12 months. That is designed to strengthen enforcement powers, acting as a greater deterrent in the first place, and to protect more proportionately the rights of landowners and local communities. We are also enabling the police to direct trespassers away from land that forms part of a highway, to ensure that directions can be given to trespassers on roads.
Our overarching aim is to ensure fair and equal treatment for Travellers in a way that facilitates their traditional nomadic way of life while respecting the interests of local residents and the settled community. We recognise that the vast majority of Travellers are law-abiding citizens, but unauthorised sites can often give an unfair negative image of nomadic communities, and cause distress and misery to residents who live nearby. We are equally clear that we will not tolerate law breaking.
Statutory guidance will be issued, as provided for in clause 63, and will outline examples of what might constitute a reasonable excuse for not complying with the request to leave. That guidance will be vital to support the police in discharging those functions and will help to ensure a consistent application of the powers across England and Wales. The police must have regard to the guidance when exercising the relevant functions. We envisage that the guidance will set out, for example, what might constitute significant damage, disruption and distress, and what might constitute a reasonable excuse, where someone fails to comply with a request to leave the land. It will be up to the police and courts to decide whether someone has a reasonable excuse for not complying, depending on the specific facts of that case.
We recognise the rights of Travellers to follow a nomadic way of life, in line with their cultural heritage. Our aim is for settled and Traveller communities to be able to live side by side harmoniously, and we hope that the clear rules and boundaries that we are putting in place will facilitate that. We remain committed to delivering a cross-Government strategy to tackle the inequalities faced by Gypsy, Roma and Traveller communities. The planning policy for Traveller sites is clear that local planning authorities should assess the need for Traveller accommodation and identify land for sites. Local housing authorities are required to assess their housing and accommodation needs under the Housing Act 1985, including for those who reside in caravans. There is wider Government support for the provision of Traveller sites via the new homes bonus, which provides an incentive for local authorities to encourage housing growth in their areas, and rewards net increases in effective housing stock, including the provision of authorised Traveller pitches.
Alex Cunningham
Does the Minister have an idea what the Government’s plans are in terms of the number of sites that are likely to be created over the next three to five years?
Victoria Atkins
That is a matter for local authorities. We have the planning policy for Traveller sites, which is down to the local planning authority. In the hon. Gentleman’s area, I know not whether his local council agrees with him that there should be more sites, but it would be a matter for the local authority to address with local residents.
We remain committed to delivering the strategy to tackle the inequalities faced by the communities that we have discussed. There is the additional affordable homes programme for local authorities to deliver a wide range of affordable homes to meet the housing needs of people in different circumstances and different housing markets, including funding for new Traveller pitches.
We believe that we have struck the right balance between the rights of those who live a nomadic way of life and the rights of local communities to go about their lives without the significant damage, disruption and distress outlined in proposed new section 60C(4), which, regrettably, some unauthorised encampments cause. I therefore commend clauses 61 to 63 to the Committee.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
It is, as always, a great pleasure to serve under your chairmanship, Mr McCabe. The clause fulfils the Government’s long-standing commitment to increase the maximum penalty for the offences of, first, causing death by dangerous driving and, secondly, causing death by careless driving while under the influence of drink or drugs from, in both cases, the current maximum sentence of 14 years to life imprisonment.
As members of the Committee will know, in response to the consultation on driving offences and penalties some time ago, the Government proposed to take forward various changes in the law, including these, and all of them received overwhelming public support and support from other consultees. By enacting this clause we are delivering on the result of that consultation and on a long-standing commitment. That means that when sentencing people for these very serious offences, the courts can sentence up to life imprisonment if the judge sees fit.
Many hon. Members will have constituency cases where families have suffered the terrible trauma of a loved one being killed by a dangerous or careless driver who was driving when drunk. I have certainly encountered a number of such cases in the last six years as a constituency MP, as I am sure each and every Member here has. The criminal justice system can never adequately compensate for the grief caused by the loss of a loved one in such terrible circumstances, but these changes will mean that courts now have the power to make sure that the punishment truly fits the crime.
It is appropriate that the maximum sentences for causing death by dangerous driving and causing death by careless driving while under the influence are increased from 14 years to life imprisonment. I commend these measures to the Committee.
Alex Cunningham
I am pleased to offer the Opposition’s enthusiastic support for clauses 64 to 66, and particularly for clause 64, which will increase the maximum penalties for the offences of causing death by dangerous driving and causing death by careless driving while under the influence of drink or drugs from 14 years’ imprisonment to imprisonment for life.
I pay tribute to my hon. Friends the Members for Barnsley East (Stephanie Peacock) and for Barnsley Central (Dan Jarvis) for their committed work to increase the penalty for those guilty of causing death by dangerous driving to life imprisonment and for the Bill they have promoted and supported. My hon. Friend the Member for Barnsley East has worked alongside the family of Jaqueline Wileman, from Grimethorpe, who was 58 when she was struck and tragically killed by a stolen heavy goods vehicle in September 2018. I offer my sincerest thanks to the Wileman family for their tireless campaign for change, which they are now able to see become a reality.
Other families of victims of these awful crimes have also long campaigned to see these changes, such as the family of Violet-Grace, who died from injuries inflicted as a result of a car crash caused by individuals driving dangerously in March 2017. I hope that this change in the law, which they have fought to bring forward, will provide some small solace that dangerous drivers who kill will, in future, feel the full force of the law.
Work to address this important issue has been energetic on both sides of the House, and it was the right hon. Member for Maidenhead (Mrs May) who introduced the Death by Dangerous Driving (Sentencing) Bill in July 2020, as a private Member’s Bill co-sponsored by my hon. Friends the Members for Barnsley East and for Barnsley Central. We are therefore fully supportive of the Government’s proposal to provide the court with a wider range of penalties to ensure that sentences are proportionate and reflect the seriousness of the offending.
The urgent need for this change is illustrated by the fact that, in 2019, over 150 people were sentenced for causing death by dangerous driving. Of those offenders, around 95% received an immediate custodial sentence, of which over 15 received a sentence of more than 10 years. If 10% of offenders are already being sentenced near the maximum threshold, it seems the time is ripe to provide the court with wider sentencing powers for these offences so that offenders are dealt with consistently and fairly.
Although we are fully supportive of these changes, I note that there has been some delay in introducing them. The Government committed to changing the law on causing death by dangerous driving following a review in 2014—seven years ago. As the Minster said, it has been a long-standing commitment. There was also a consultation in 2016, which the Government responded to in 2017, committing to the legislative changes that are now in the Bill. The private Member’s Bill brought forward by the right hon. Member for Maidenhead last year was a real nudge along to the Government, following a perceived dropping of the ball. I would normally say, “Better late than never,” but for a measure as serious as this, and with hundreds of families losing loved ones to dangerous drivers in the intervening years, I wonder what held the Government up for so long.
Speaking of delays, Cycling UK said that, although it cautiously supports these proposals, it fears they will do very little to address the many serious problems with the framework of road traffic offences and penalties. I understand that the Government promised a full review of the framework back in 2014, but it has never happened. I would welcome an update from the Minister on the wider review, which could look at the utilisation of driving bans.
We fully support the proposals in clause 65, which introduces the new offence of causing serious injury by careless or inconsiderate driving, and sets the maximum penalty for the offence on indictment at two years’ imprisonment.
The Chair
Chris Philp
I have nothing further to add to my earlier answers. We keep these matters under continual review. There are no plans to make changes just at the moment, but we do of course keep an eye on these matters.
Chris Philp
I am afraid that I have no specific information on that, other than to say that we keep an eye on these matters on an ongoing basis.
Question put and agreed to.
Clause 64 accordingly ordered to stand part of the Bill.
Clause 65
Causing serious injury by careless, or inconsiderate, driving
Chris Philp
This clause has a very similar intention to the previous clause, in that it introduces a new section 2C offence into the Road Traffic Act 1988 to fill a lacuna in the existing legislation. It does that by introducing a new offence of causing serious injury by careless or inconsiderate driving. There is currently no offence that covers this, so we are filling a gap that exists in the current legislation.
The new offence created by the clause is committed if a person causes serious injury by driving a car or another mechanically propelled vehicle on a road or public place without due care and attention or without reasonable consideration for other road users and, while doing so, causes serious injury.
The maximum custodial penalty for the offence on indictment will be two years’ imprisonment or a fine. The maximum custodial penalty on summary conviction will be 12 months or a fine. Until such time as section 224 of the sentencing code is commenced, the maximum penalty on summary conviction in England and Wales will be read as six months.
This is an important clause, which fills a gap in the current law and ensures that, where serious injury is caused by someone who is driving carelessly or inconsiderately, there will be an offence that can be prosecuted with an appropriate penalty—in this case, a maximum of two years if tried on indictment. I hope the Committee will agree that this is a sensible measure and will support the clause.
Alex Cunningham
As I prematurely said some minutes ago, we fully support the proposals in clause 65, which introduces the new offence of causing serious injury by careless or inconsiderate driving and sets the maximum penalty for the offence on indictment, as the Minister said, at two years’ imprisonment.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Criminal Justice and Courts Act 2015 made provision for new offences for dangerous and disqualified driving, but left the gap the Minister referred to in the law, relating to careless driving that results in serious injury. As I said before, we welcome the sensible proposal in clause 65, which fills that gap and will allow for a penalty that recognises the high level of harm caused by these incidents. As a result, the Opposition support clause 66 and schedule 7, which make minor consequential amendments as a result of clauses 64 and 65.
The Minister will hear me ask about the impact that many of the measures in the Bill will have on the prison system. I will start here. The Opposition would welcome further information from him about the impact on the prison system. I note that the impact assessment estimates that the changes to road traffic offences will result in about 1,300 offenders per annum receiving longer sentences. How does he see foresee that affecting prison numbers as a whole in the coming years? Can he say anything further about what sentence increases for those 1,300 offenders the Government are basing their modelling on? I raise that because the impact assessment estimates that the combined impact of the Bill’s sentencing provisions for adults will result in
Victoria Atkins
Clauses 69 to 74 and schedules 8 and 9 update the law in relation to the production and surrender of driving licences, so as to streamline the processes for the electronic endorsement of driving licences by removing the need for the physical licence to be produced. They also strengthen the rules for the surrender of driving licences where a driver faces disqualification.
The current legal requirement to produce and surrender the driving licence as part of the endorsement process is now outdated. In 2015, the paper driving licence counterpart, which previously recorded the endorsement, was abolished, and the information is now only recorded on Driver and Vehicle Licensing Agency electronic drivers’ records. There is therefore no need for a physical driving licence to be produced and surrendered, or for an endorsement to be recorded on an individual’s driving record. The only need for a licence to be produced or surrendered is when the driver may be sentenced to disqualification or is actually disqualified. The clauses and schedules bring the law up to date, removing any need for individuals to deliver or post their licence before a hearing, and leaving only a duty to take their licence to court if there is a hearing and if they attend.
Clause 70 provides the Secretary of State—in practice, the Driver and Vehicle Licensing Agency—with the power to require the surrender of a driving licence to the agency where a court has ordered disqualification. Failure to do so would be a summary offence, carrying a maximum penalty of a level 3 fine—currently £1,000. Where an individual is disqualified, the court will notify the DVLA and forward the licence to it when it has been surrendered at court. When it has not been surrendered at court, the DVLA will follow up production of the licence with the disqualified driver using the new power.
The clauses also remove the need for the production and surrender of the driving licence and allow police constables and vehicle examiners to issue a fixed penalty notice without checking and retaining a physical driving licence.
Clause 75 is included at the request of the Scottish Government. Its objective is to make better use of police and judicial resources in Scotland. Currently, the police throughout Great Britain have the power to issue a conditional offer of a fixed penalty notice under sections 75 to 77A of the Road Traffic Offenders Act 1988. The scheme was introduced in 1989 as an alternative to prosecution for certain low-level road traffic offences. Once a conditional offer of a fixed penalty is issued, an individual has 28 days to accept the offer and make payment. In Scotland, if the offer is not accepted or the recipient fails to take any action, the police will submit a standard prosecution report to the Crown Office and Procurator Fiscal Service for consideration of whether a prosecution should take place.
Clause 75 grants the power to issue fixed penalty notices on the spot in Scotland for minor road traffic offences. That power is already available in England and Wales. In contrast to the position with conditional offers of fixed penalty notices, when the recipient of a fixed penalty notice fails to respond it simply becomes a registered fine at one and a half times the original penalty. That approach is attractive to the Scottish Government as a means of reducing the burden on the police, prosecutors and courts while preserving the recipient’s right to challenge a fixed penalty notice, should they wish to do so.
The clause will apply in the first instance to the police, but the Scottish Government want to be able to consider its potential extension to traffic wardens and vehicle examiners at their own pace and following further consideration.
I commend the clauses and schedules to the Committee.
Alex Cunningham
The Opposition also support the remaining clauses in part 5. They are sensible, helpful and well evidenced, and we are glad to offer our support for them. Currently, when a fixed penalty notice has been issued, a driver must surrender their licence to the relevant authority, but since the paper counterpart licence was abolished in 2015, there is no need for a driving licence to be produced for an endorsement to be recorded against a driver’s driving record.
Clauses 69 to 74 will finally remove the redundant requirement for a physical driving licence to be produced when a fixed penalty notice has been issued and they will also strengthen the rules for the surrender of driving licences when a driver faces disqualification.
Clause 69 will amend section 27(1) of the Road Traffic Offenders Act 1988 to provide that courts are no longer required to oblige licence production. Instead, the courts will be provided with powers that they may exercise at their discretion. This power will apply both where the court proposes to disqualify and where it disqualifies a licence.
Clauses 70 and 71 make further amendments to the 1988 Act, the effect of which, when taken together with clause 69, is to remove the need to produce a driving licence from the fixed penalty process. This streamlining is welcome and hopefully will in some small way reduce the administrative burden on our under-resourced and overstretched courts system, as it will no longer need to handle the physical licence where a driver faces endorsement, but not disqualification.
In recent years, attempts have been made to update the law in this area through private Members’ Bills, which have had Government support. The attempt made by the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) fell after its Committee stage because of the 2017 general election. The attempt made in the 2017-to-2019 Session by the right hon. Member for Dumfries and Galloway (Mr Jack) did not even manage to progress past its First Reading. I am glad that the Government are at last introducing the measure in a Government Bill in Government time.
We are also content with clause 75, which extends the police power that the police in England and Wales currently have to issue on-the-spot fines for certain moving traffic offences to police in Scotland. I am aware of the Department for Transport’s joint consultation with the Scottish Government on this topic from 2018. Doesn’t it take a long time for things to happen in law? The majority of the responses to the consultation supported the proposed changes and seemed to indicate the need for fixed penalty notice reform in Scotland for suspected road traffic offences, which the Government are sensibly introducing here.
Allan Dorans
I wish to confirm that the Scottish Government welcome the clauses that affect Scotland.
Question put and agreed to.
Clause 69 accordingly ordered to stand part of the Bill.
Clauses 70 to 73 ordered to stand part of the Bill.
Schedule 8 agreed to.
Clause 74 ordered to stand part of the Bill.
Schedule 9 agreed to.
Clause 75 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)