Crime and Policing Bill

Cameron Thomas Excerpts

Report stage
Tuesday 17th June 2025 Commons Chamber

[Sam Carling (North West Cambridgeshire) (Lab)]

I begin by once again welcoming the Bill. It will deliver so much for my constituents by protecting people from crime and enabling tough action on antisocial behaviour, including in areas that have too long been labelled “low level” and ignored, such as the illegal off-road bikes that constituents so often raise with me.

The Bill will introduce mandatory reporting for child sexual abuse—one of the key recommendations of the independent inquiry into child sexual abuse, or IICSA. This is a long-overdue measure, which has long been called for by our Labour Home Secretary and Prime Minister personally. However, I remain concerned that the Government are not going far enough on the issue of mandatory reporting. I have therefore tabled three amendments to the Bill on that subject—amendments 10, 11 and 22—on which I will focus my speech today.

Amendments 10, 11 and 22 are not intended to change Government policy—quite the opposite. They are intended to deliver the Government’s stated policy to implement the IICSA recommendations relevant to the Home Office in full. The Home Secretary stated in January that that was the Government’s intention, and reaffirmed that just yesterday, responding with a firm “yes” to my question after her statement on whether it remained Government policy to implement the recommendations in full.

However, there are three significant gaps in our plans to implement recommendation 13 on mandatory reporting, where the Bill does not deliver what IICSA recommended. With these gaps, I am concerned that the duty to report will be ineffective in some of the settings where it is most needed. My concern applies to religious groups in particular. I will use the example of the Jehovah’s Witnesses—the religious group I grew up in—to illustrate how and why.

Jehovah’s Witnesses have a deep cultural distrust of secular authorities, which, as happens in a lot of religious groups, leads to a culture of dealing with everything internally, including child sexual abuse, and reporting nothing to the police. Their internal processes for doing so are atrocious. Jehovah’s Witnesses have something called the “two witness rule”, which means that no action is taken on any report of wrongdoing unless there are two witnesses to it. There are never two witnesses to child sexual abuse. I give that context to highlight why the mandatory duty to report must be absolutely watertight, as IICSA recommended, to prevent people in the leadership of organisations like the Jehovah’s Witnesses from avoiding it.

I will cover the three gaps in turn. First, there are no criminal sanctions if someone does not comply with the duty. I understand that the Government are proposing professional sanctions, such as a referral to the Disclosure and Barring Service and to relevant professional regulators, but that is not set out in the Bill and would apply to only a fraction of people under the duty. It would not, for example, do much in religious settings, where so many of the failings are happening, and where the duty would, if constructed properly, help immensely to protect children.

IICSA was clear that failure to comply should be a criminal offence, and amendment 10 would make that the case. It proposes a fine as the appropriate sanction, which is in line with best practice overseas. Many other countries—France, Australia, parts of Canada and so on—have introduced mandatory reporting, and many have done so with criminal sanctions of this kind. While the Government will likely say that criminal sanctions could have a chilling effect that would stop people going into professions that work with children, the international evidence clearly shows that this does not happen—in the Australian state of Victoria, for instance. Professor Ben Mathews has done extensive research on mandatory reporting laws and their efficacy, which I thoroughly encourage the Minister to ask officials to examine.

The second gap relates to those who come under the duty to report. IICSA recommended that the duty should apply first to anyone working in regulated activities with children under the Safeguarding Vulnerable Groups Act 2006, and the Bill uses that criterion—tick. However, IICSA also recommended that it should apply to anyone in a position of trust over a child, as defined by the Sexual Offences Act 2003, which the Bill does not include. Amendment 22 would make it so.

The Bill sets out a list of relevant activities in part 2 of schedule 8, which replicates about 90% of what is in the Sexual Offences Act. However, that missing 10% is critical; for a start, it includes sports coaches and teachers, which schedule 8 does not. Going back to my earlier example, section 22A of the Sexual Offences Act includes a very effective definition of religious leaders. Schedule 8 does include a definition of religious leaders, but requires such people to have “regular unsupervised contact” with children to be subject to the duty. That qualification will allow virtually any religious leader—be they paid clergy or a volunteer elder, like in the Jehovah’s Witnesses—to escape the duty, as very few have regular unsupervised contact with children, despite being in a significant position of power and influence.

I personally know at least one person who was sexually abused as a child in that organisation. When they went to speak to religious leaders about it, in the presence of their parents—not unsupervised—they were advised that going to the police would mean bringing reproach on God’s name. So no report was made, by either the victim or their family, or by those religious elders. That is commonplace.

Under the Bill as drafted, there is no sanction for that. Those elders are not mandated reporters; even if they were, the proposed offence in clause 73 of stopping someone else from making a report—an offence I very much welcome, for the record—applies only to other mandated reporters. If, therefore, someone pressures a victim or their parents not to make a report, that will not be illegal. That offence needs to be broadened, too.

The National Society for the Prevention of Cruelty to Children is calling for the Government to consider a broader offence of concealing child sexual abuse, to which I urge the Government to give serious consideration. I will give more detail on that later, if there is time.

[Cameron Thomas (Tewkesbury) (LD)]

The hon. Gentleman is making very important points, in particular on the Jehovah’s Witnesses cult. One of the methods Jehovah’s Witnesses use to ensure that issues like this do not escape from the organisation is threatening individuals with the act of disfellowshipping—being cut off from all communication with their own family. I wonder whether he will go a little further in recognising that, too.

[Sam Carling]

I thank the hon. Member for that intervention. I am very pleased that other hon. Members in the House are aware of that issue, which is something I am trying to do some work on separately. It is certainly relevant to what I am discussing. To give the House a little more context on that, through the act of disfellowshipping, when the organisation decides that someone has committed a serious sin, it can essentially tell all their family and friends to cut them off permanently; the same applies if an individual chooses simply to leave the religion. Disfellowshipping is very rarely applied to perpetrators of crimes, and is more often applied to the victims who report them. It is an enormous problem that has to be dealt with, and I look forward to engaging with the hon. Member further on that.

As I highlighted on Second Reading, the Australian royal commission that investigated the organisation’s handling of abuse cases found that while allegations had been documented by religious elders against 1,006 individuals in Australia alone, not a single one was reported to the police. We must tighten up this definition and ensure that it includes religious leaders. The Government could do so by amending the definition in paragraph 17 of part 2 of schedule 8, and by adding a further item to the list in relation to sports professionals to deal with that point as well. However, the much neater and stronger legislative solution would be to just do what IICSA said, and refer to the Sexual Offences Act 2003 and the definition therein, which amendment 22 seeks to do.

The third problem relates to what triggers the duty to report. IICSA recommended that the duty should apply in three cases: first, when a mandated reporter is told by a child or perpetrator that abuse has taken place; secondly, when they see it happening; and thirdly, when they observe recognised indicators of child sexual abuse, which can range from things like a child being pregnant or having a sexually transmitted infection to other, more subjective indicators. Our Bill scores two out of three, as it does not include the third point on recognised indicators, which are also referred to as reasonable suspicion.

Overwhelmingly, children do not report abuse that is being done to them at the time that the abuse is happening. Those who do report tend to do so years after it happens, when it is far too late to protect them and far too late, in many cases, to catch the perpetrator and stop them harming other children.

The Australian royal commission in 2015 found that the average time for someone to disclose child sexual abuse was 22 years after it happened, so including reasonable suspicion is critical, and that is what my amendment 11 would do. Given the potentially subjective judgments needed in that case, amendment 11 would exempt the case of recognised indicators from criminal sanctions for non-compliance, which is also what IICSA recommended.

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[Jo White (Bassetlaw) (Lab)]

Lawlessness, antisocial behaviour, street crime and shoplifting have dragged our communities down. When people believe that they can act with impunity, without fear of apprehension or respect for others, we need Parliament to come down hard to restore law and order and give the police the resources that they need to make our streets safe again. I therefore take this opportunity to welcome the Crime and Policing Bill, which put right the years of damage and disregard caused by the previous Government.

My focus today is on street racing, a problem that stretches across the country but has become a curse in Bassetlaw, where cars speed along a stretch of the A57, the by-pass that runs through Worksop and then into the constituency of my hon. Friend the Member for Rother Valley (Jake Richards). Those unofficial road-racing events are organised via social media. People meet up in an edge-of-town car park and then stage races up and down the A57, attracting huge crowds who come to witness the speeds and the flashy souped-up cars with booming exhausts.

Residents living close to the A57 hear the noise, including the screeching of tyres, but they are terrified that they or a family member will get caught up with the racers as they drive home or go about their daily business. The fear of a nasty accident is all pervasive. Across the country, people who have turned up to watch the racing have died, such as 19-year-old Ben Corfield and 16-year-old Liberty Charris from Dudley, and 19-year-old Sophie Smith from Radcliffe—young lives needlessly lost.

[Cameron Thomas]

Let me say, in the spirit of openness, that as a young man I perhaps did not always drive as responsibly as I do now. Although the hon. Lady is making an important point, there is an educational component to this. Will she join me in commending the work of the Under 17 Car Club and its Pathfinder initiative, which teaches young drivers about the dangers of driving in that fashion?

[Jo White]

My concern is that such unorganised racing events are held to show off how fast and noisy cars can be—there needs to be much stronger action to control that. I worry that there will be further deaths and accidents if the police are not given the powers to deal with it.

In Bassetlaw, I visited residents who told me that their lives are a living hell, with their nerves on edge every weekend. Not only do they hear the noise, but the fronts of their houses have become viewing platforms for the crowds.