Non-crime Hate Incidents: Personal Data

Chris Philp Excerpts

Monday 13th March 2023 Written Statements

[The Minister for Crime, Policing and Fire (Chris Philp)]

My right hon. Friend the Home Secretary has today laid before Parliament the statutory Non-crime Hate Incidents Draft Code of Practice on the Recording and Retention of Personal Data, which police officers and staff must have regard to. This code is being laid under the provisions of sections 60 and 61 of the Police, Crime, Sentencing and Courts Act 2022. The Government are introducing this code to establish a proportionate and common-sense approach to the recording of non-crime hate incidents. This approach should better protect personal data, emphasise the importance of the right to freedom of expression, and reduce the number of unnecessary non-crime hate incidents that are recorded whilst still ensuring that vulnerable individuals, groups and communities continue to be safeguarded by the police.



This Government fully recognise the sensitivities surrounding the recording of non-crime hate incidents by the police, particularly in relation to concerns that this process infringes on the right to freedom of expression. We know there are concerns that individuals who express lawfully held views are at risk of becoming the subject of a non-crime hate incident report if their views are considered to be offensive, and that in turn, this may result in their personal data being stored on a policing record. This Government are clear that this should never be the case. The code makes it clear that offending someone is not, in and of itself, a criminal offence, nor does it warrant a non-crime hate incident being recorded. This aligns with this Government’s stance that everyone in this country, no matter who they are or what their views are, should be able to engage in lawful debate without police interference.



The code emphasises the importance of free speech with case studies that are designed to assist the police in considering how the right to freedom of expression should be taken into consideration. The code clarifies that debate, humour, satire and personally held views which are lawfully expressed are not, by themselves, grounds for the recording of a non-crime hate incident. Furthermore, the code sets out that a non-crime hate incident should not be recorded if the report is deemed by the police to be trivial, irrational, malicious, or if there is no basis to conclude that it was motivated by intentional hostility.



The code provides new personal data-related safeguards, setting out that the personal data of some who is the subject of an NCHI report should only be included in a record if the incident poses a real risk (a) of significant harm to individuals or groups with a protected characteristic, or (b) that a future criminal offence may be committed against individuals or groups with a protected characteristic. For the purposes of the code, protected characteristics are considered to be race, religion, sexual orientation, disability and transgender identity. If this new threshold is not met, personal data should not be recorded, and any personal data previously noted by the police in relation to the incident—for instance, personal information recorded by the initial call taker—should be deleted. This code therefore ensures that non-crime hate incidents, and relevant personal data, will only be recorded when absolutely necessary. We believe this will increase transparency and public trust in this process.



The Government fully recognise the importance of ensuring that vulnerable individuals, groups and communities continue to be protected by the police; indeed, this is the purpose of non-crime hate incident recording. We are confident that the code does precisely this. We are grateful for the advice provided by the National Police Chiefs’ Council, the College of Policing and senior police officers during the process of drafting this code. This has allowed us to publish a code that strikes the right balance between respecting the operational importance of this type of recording for the police, while improving safeguards for free speech. If someone is targeted because of hostility or prejudice towards their race, religion, sexual orientation, disability or transgender identity, and the criteria in the code are met, the incident can and should be recorded as a non-crime hate incident. This approach will enable the police to intervene as appropriate in order to prevent significant harm or future criminal offences from materialising, while ensuring the right to freedom of expression is protected.



A copy of the draft code which has been laid before Parliament will also be published on www.gov.uk.

[HCWS626]

Public Order Bill

Chris Philp Excerpts

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[The Minister for Crime, Policing and Fire (Chris Philp)]

There is some factual confusion about this, and I am grateful for the opportunity to clear that up. In the other place, the Lords made an amendment to clause 19, which said that the orders could be made without a conviction. The Government accept that amendment—we do not seek to overturn it—and we accept that a conviction is required before an SDPO can be made. Clause 20 is rather misleadingly titled, because it implies that an SDPO can be made without a conviction. If Members read the clause, however, they will see, now that we have accepted the amendment to clause 19, that it applies to circumstances in which there has been a conviction and the police wish to apply to the court for an SDPO at a later date, which will still be after a conviction has been made, so we have conceded the point that my hon. Friend is making. It is rather confusing because the title of clause 20 is a bit confusing, but we have conceded that point.

[Sir Charles Walker]

I am relieved to hear that.

--- Later in debate ---

[Joanna Cherry (Edinburgh South West) (SNP)]

I will confine my comments to the amendments that touch on the recommendations of the Joint Committee on Human Rights, which I chair. We did not look at the debate on abortion buffer zones because that was not part of the original Bill, so I will not comment on that. In general terms, some of the points made by the right hon. Member for South Holland and The Deepings (Sir John Hayes) could be carried across. I could very well ask of him why, if that is what he so clearly believes, he would support a power to stop and search without reasonable suspicion? So it cuts both ways.

However, I will confine my comments to support for Lords amendments 1, 6 to 9, 20, 21, 23, 27, 28, 31, 32 and 33, which can basically be grouped into suspicion and stop and search, serious disruption prevention orders, and the meaning of the phrase “serious disruption”. I will speak to the Joint Committee’s report on our legislative scrutiny of the Bill, which was published on 8 June last year. It was a unanimous report of our cross-party Committee, which of course contains both MPs and peers.

The right to peaceful protest is a cornerstone of our democracy, which should be championed and protected rather than stifled. The Joint Committee concluded that while the stated intention behind the Bill was to strengthen police powers to tackle dangerous and highly disruptive protest tactics, its measures went well beyond that to the extent that we feel the Bill poses an unacceptable threat to the fundamental right to engage in peaceful protest. We have heard speeches about the historic basis of that right, and of course it is also protected in modern times under article 10 of the European convention on human rights, which deals with freedom of speech, and article 11, which deals with freedom of association.

In our report, we recommended that the power to stop and search without reasonable suspicion should be removed from the Bill. Other hon. Members have spoken about that in some detail. Basically, what we said was that the power to stop and search without reasonable suspicion inevitably gives rise to a risk of arbitrary or discriminatory use, and that it is disproportionate and inconsistent with the right to engage in peaceful protest. As we heard from other hon. Members, the police themselves said it is counterproductive and I do not understand that it is a power the police actually want as a whole. Lords amendments 6 to 9 take that out of the Bill, and I think that should be supported by this House.

[Chris Philp]

I am extremely grateful to the hon. and learned Lady for giving way. On a point of clarification, clause 11, prior to amendment by the Lords, states that although an individual does not have to be subject to suspicion before an officer can activate this section, the officer has to “reasonably believe” that a number of offences may be committed. So it is not a wholly unconstrained power to search. That reasonable suspicion in clause 11(1) does have to be engaged.

[Joanna Cherry]

I am not sure the Minister is right about that. I think what he is trying to say is that the police officer could have a highly subjective view prior to stopping, and a highly subjective view is not a reasonable suspicion. We took all these matters into account in our report.

[Joanna Cherry]

The Minister must know that we are still bound by the European convention on human rights. Clearly, from what the Home Secretary said earlier this afternoon, some Government Members are trying to find a pretext to take us out of the convention, but we are still bound by it just now. The Minister must know that in order to interfere with freedom of assembly or freedom of association, under article 11 the interference has to be lawful, necessary and proportionate. What my hon. Friend just described is not lawful, necessary and proportionate.

[Chris Philp]

rose—

[Joanna Cherry]

The Minister will get to speak at the end. I do not want to take up too much time as I have already spoken for five minutes and I do not want to upset Madam Deputy Speaker. The Minister can take the tenor of the comments so far across the House, including from the Government Benches. People are not happy about the power to stop and search without reasonable suspicion. The cross-party Committee of MPs and peers shared that unhappiness.

--- Later in debate ---

[Ian Paisley]

I will make this point, and then I will give way.

We are all aware of the Bible story about Daniel daring to pray and being put in jail—

[Chris Philp]

Will the hon. Gentleman give way?

[Ian Paisley]

Of course I will give way to the Minister.

[Chris Philp]

The Government are not saying anything about this matter. It is a free vote, and there is no Government position on the “buffer zone” amendment.

[Ian Paisley]

I look forward to the Minister joining me in the Lobby this evening.

Whenever we walk into the Palace of Westminster, we walk beneath a massive portrait of Moses by Benjamin West. We walk through St Stephen’s Hall, and what is St Stephen’s Hall? It is a church. We walk over the catacombs under which is another church. We come to this place—to the “mother of Parliaments”—and debate a piece of legislation that essentially says, “If you dare to pray in a certain part of this Christian nation, in silence, you will be arrested.”

--- Later in debate ---

I understand that the House will not divide on Lords amendment 17, but it follows the arrest of journalists in Hertfordshire at a Just Stop Oil protest. If there is no need for the amendment, I would like to hear the Government outline what they will do to prevent the arrest of legitimate journalists and observers at protests in future. If we all care about democracy and freedom to protest and ensuring that those rights are applied, we need to have journalists and observers involved.

[Chris Philp]

The Government accept that protection for journalists might helpfully be set out, and that is why Government amendment (a) to Lords amendment 17 will substantively do what the Lords request, albeit in slightly different language.

[Wendy Chamberlain]

I am pleased to hear that.

If Lords amendment 1 is disagreed to and Government amendment (a) to it is passed, I would disagree with the broadening of the definition of “serious disruption”. Whatever the Government may think of protesters, they are not terrorists, and applying similar legislation where no offence is committed is simply wrong.

[Chris Philp]

As I said in my earlier intervention, the Government have accepted that serious disruption prevention orders can only be handed out by a court, following a conviction. The title of clause 20 is somewhat confusing, but we have accepted the point that there must be a conviction first.

[Wendy Chamberlain]

I am grateful to the Minister for that clarification, but the point I made while he was not in his place still stands: this is confusing. We are presenting confusing legislation to police officers to apply and potentially to take away people’s liberty accordingly.

Policing needs to be done with consent. This is knee-jerk legislation, as I have said throughout, to replace powers that already exist and that the police say they can utilise now. It also prevents the important discussions that take place between protest groups and police officers; we are going to create a chilling effect not only on the right to protest, but on the relationships that help us to enable legitimate protest. I think that is why the Lords rejected these clauses outright in their previous guise in the Police, Crime, Sentencing and Courts Act 2022. The Lords have attempted to ameliorate the worst excesses of this Bill, and I will certainly vote in support of keeping the Lords amendments in place.

--- Later in debate ---

[Sarah Jones]

I completely agree. Having talked to the police for nearly three years in this role, I know that they want clarity. The amendment provides not clarity but unbelievable confusion, whereas a 150-metre zone provides clarity, and that is what the police want.

The Bill remains an affront to our rights. The Government’s own impact assessment shows that it will not have much effect. It is our job as parliamentarians to come up with laws that solve problems and really work. The Bill does not do that, so the Opposition will vote against the Government tonight. We agree with the Lords, and I urge every Member to look to their conscience and do the same.

[Chris Philp]

As always, it is a great pleasure to follow my constituency neighbour, the hon. Member for Croydon Central (Sarah Jones). She has faced a number of Policing Ministers in her time, and I hope she faces many more during what I hope will be a very long tenure as shadow Minister.

We have heard some extremely thoughtful and well-considered contributions from both sides of the House on quite profound issues, touching as they do on conscience, free speech and a woman’s right to choose in relation to an abortion, as well as slightly more prosaic questions on policing protests. The objective of the Bill is to better balance the rights of individuals to protest—which this Government respect—with the rights of individuals to go about their daily lives without suffering from disruption. Those include the rights of parents to get their children to school, of people to get to hospital for vital treatment and of people to go to work without having their way impeded.

We have seen so many protests impeding the rights of the law-abiding majority, particularly in the latter half of 2022. There were 10-mile tailbacks on the M25. People glued themselves to roads in London and it took a long time to remove them. In December, we saw protesters walking slowly down streets, deliberately trying to cause as much disruption as possible—not so much exercising the right to protest as seeking to make a point by deliberately inconveniencing their fellow citizens. That is not something that this Government support, which is one reason why we are now legislating. The Metropolitan police have confirmed that between October and December last year they spent 13,600 officer shifts policing such protests, at a cost of nearly £10 million. That is time and money that would be much better spent elsewhere.

--- Later in debate ---

[Sir Julian Lewis]

Will the Minister confirm something for the sake of clarity? In the past, major peaceful demonstrations such as anti-nuclear demonstrations have blocked roads, but it was done with the permission of the police. That would continue, would it not?

[Chris Philp]

Yes, it would. My right hon. Friend pre-empts my next point, which I think an Opposition Member raised earlier. Where a protest has been authorised and licensed in advance by the police, of course these provisions will not be engaged. Protests such as the Iraq war protests aimed at the former Labour Government would, of course, be licensed. Protests against this Government would no doubt be licensed as well and could properly be held.

The hon. Member for Hemsworth (Jon Trickett), who I see is back in his place, made a point about whether the Bill could be used to disrupt strike action. I draw his attention and that of the House to the Bill’s original clauses 6 and 7, which as a result of the Lords amendments have been renumbered as clauses 7 and 8. Subsection (2)(b) of each clause makes it clear that it will be a defence to offences under the Bill that the act in question was undertaken

“in…furtherance of a trade dispute”,

so trade union protests and anything to do with strikes are exempted from the provisions of the Bill.

I think that the definition we have set out is reasonable. The police have asked for it, the former Deputy President of the Supreme Court supports it, it backs up the case law and I strongly commend it to the House.

Lords amendments 2, 3 and 4 deal with tunnelling. They are clarificatory amendments, making it clear that the offence of causing serious disruption by being present in a tunnel, as defined by clause 4, is committed only if the tunnel has been created for the purposes of a protest. Lords amendments 10 and 16 relate to some clarifications involving the British Transport Police which we think are important. Lords amendments 6,7, 8, 9 and 36 pertain to so-called suspicionless stop and search.

[Sir John Hayes]

Before my hon. Friend moves on to this subject, will he give way?

[Chris Philp]

In just a moment.

As the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) correctly said in an intervention, these so-called suspicionless stop and searches can only take place in the absence of personal suspicion, when an officer of the rank of inspector or above believes, or has reason to believe, that in the next 24 hours a number of offences may be committed in the locality. That reasonable belief is required before any suspicionless stop and search can take place, and even then it is time-bound to a period of 24 hours. We think that that is proportionate. We have heard some views from the police and, in particular, from the His Majesty’s inspectorate of constabulary, which has said: “On balance, our view is that, with appropriate guidance and robust and effective safeguards, the proposed stop and search powers would have the potential to improve police efficiency and effectiveness in preventing disruption and making the public safe.” So this is something that HMIC has supported.

[Stuart C. McDonald]

I think we all accept that suspicionless stop and search can be triggered quite rightly, for example if there is a danger of terrorism, but the Bill now allows it to take place when, for instance, there could be a danger that someone somewhere might commit a public nuisance or lock themselves to a fence. That could lead to hundreds or even thousands of suspicionless searches, which is surely disproportionate.

[Chris Philp]

I do not accept that. When there is a reasonable suspicion that in the next 24 hours offences may be committed which may themselves have a profoundly disruptive effect on members of the public, it is reasonable to prevent that. Let me point the hon. Gentleman to the example of the protests on the M25 last November, when a 10-mile tailback was caused. I suggest that preventing that would be a reasonable thing to do.

Lords amendment 17 deals with the question of journalists. As I have said previously, although the law as it stands does protect journalists—in fact, an apology rapidly followed the arrest of the journalist in Hertfordshire —the Government accept that clarification and reaffirmation of journalistic freedom is important, so we accept the spirit and the principle of the amendment. We have improved the wording slightly in our amendment in lieu, but we accept that journalists need special protection.

Lords amendments 18, 19 and 20 deal with serious disruption prevention orders. There has been some confusion over this, on both sides of the House, so I will reiterate the point for the purpose of complete clarity. The Government have accepted the point made in the Lords that a conviction is required before a serious disruption prevention order can be made. That is a significant concession. However, we do not accept Lords amendment 20, because clause 20—as formerly numbered —simply allows for an application to be made at a time after conviction, but a conviction must previously have taken place. We have therefore tabled an amendment in lieu.

I think it important to emphasise that there will be a free vote on buffer zones, at least on the Government side, because it concerns an issue of conscience, namely abortion. There is no Government position on this matter, and Members will vote according to their consciences. We have heard Members on both sides of the House speak about this issue passionately and with conviction.

[Sir John Hayes]

I hear what the Minister says about that, and he has heard the strong opinions expressed from this side of the Chamber in favour of the freedom to pray silently. Speaking personally and for the guidance of the House, will he tell us whether he will be supporting the amendment tabled by my hon. Friend the Member for Northampton South (Andrew Lewer), which allows free and silent prayer?

[Chris Philp]

My right hon. Friend is putting me on the spot a little bit. I would like to reiterate that the Government are neutral on this position. It is a free vote and there is no Government position, and in my capacity as a Government Minister I do not have a view. Obviously, as a Member of Parliament, I will be voting as an individual on this question. I do think, speaking personally, that women should be free to use these services without intimidation or harassment, which is why I voted for the amendment from the hon. Member for Walthamstow (Stella Creasy) when it was first tabled, but I do not think the amendment moved by my hon. Friend the Member for Northampton South undermines that, particularly given the words in proposed subsection (3B), which say that prayer

“shall not, without more, be taken to”

influence a person’s decision. So, personally, I will vote for that, but I emphasise again that the Government do not have a position and this is a free vote. We have heard some extremely thoughtful, well-considered, well-argued and sincerely held views on both sides, and Members will no doubt make up their own minds. up.

[Stella Creasy]

I respect the fact that the Minister has his own personal opinion. For the avoidance of doubt, can he confirm to the Chamber that this legislation, as amended in the Lords, is compliant with the European convention on human rights and that it does not criminalise praying but sets out boundaries for where it should occur?

--- Later in debate ---

[Chris Philp]

I think we will ultimately have to defer to the Attorney General, but my understanding is that the legislation, as amended by the Lords and if amended by my hon. Friend the Member for Northampton South’s amendment, would in both cases be compliant with the European convention on human rights. Indeed, it is our opinion that the entire Bill is consistent with the European convention on human rights.

I think I have probably spoken for long enough—[Interruption.] Did someone say, “Hear, hear”? This Bill strikes the right balance between protecting the right to protest and making sure that our constituents can go about their day-to-day business without unreasonable hindrance, that parents can get their children to school, that patients can get to hospitals and that people can get to their place of work. That is the right balance, and I commend the Government amendments to the House.

Question put, That amendment (a) to Lords amendment 5 be made.

Coronation: Extended Licensing Hours

Chris Philp Excerpts

Monday 6th March 2023 Written Statements

[The Minister for Crime, Policing and Fire (Chris Philp)]

The Government have consulted on, and will be proceeding with, the proposal to make a licensing hours order under section 172 of the Licensing Act 2003 to relax licensing hours in England and Wales to mark His Majesty the King’s coronation. The order is intended to enable people in England and Wales properly to celebrate the constitutional, historic, and momentous significance of the coronation of the King and the beginning of his reign.

The order will apply to premises already licensed until 11 pm for the sale of alcohol for consumption on the premises, for the provision of late-night refreshment—only where there is also the sale of alcohol for consumption on the premises, and for the provision of regulated entertainment in England and Wales. The order will extend the licensing hours for such premises from 11 pm to 1 am the following day, on Friday 5 May, Saturday 6 May and Sunday 7 May.

An economic assessment is being prepared and will be published alongside the order on www.gov.uk.

[HCWS602]

Alcohol Licensing

Chris Philp Excerpts

Monday 6th March 2023 Written Statements

[The Minister for Crime, Policing and Fire (Chris Philp)]

The Government are today launching a consultation on alcohol licensing regulatory easements. Our objective is to support businesses as they deal with ongoing economic and financial challenges and the effects of the pandemic, cutting red tape while making sure that local authorities can recover their costs without an additional burden on central Government finances.

The Licensing Act 2003 allows premises licence holders to sell alcohol for consumption on site, off site or both. The holder of an on-sales licence can apply to their licensing authority for a variation if they wish to add off-sales to their licence. Provisions in the Business and Planning Act 2020 enabled on-sales premises licence holders to automatically also do off-sales, without any need to amend their licence.

The Licensing Act 2003 also allows licensable activities to be carried out on a one-off basis without the need for a premises licence or any other authorisation, by means of a temporary event notice. Provisions in the Business and Planning Act 2020 temporarily increased the annual number of temporary event notices that a licensed premise user can have in respect of a premises from 15 to 20.

We are consulting to understand whether there is support for making the regulatory easements permanent, in some form, or whether to return to the provisions in the Licensing Act. We will at the same time carry out a survey of local authorities so that we can better understand their actual costs for processing and enforcing licensing legislation.

The consultation will run for eight weeks and the Government will publish their response in early summer 2023. We intend to make any changes related to the consultation as soon as parliamentary time allows thereafter. A copy of the consultation will be placed in the Libraries of both Houses and published on www.gov.uk.

[HCWS601]

Equipment Theft (Prevention) Bill

Chris Philp Excerpts

3rd reading
Friday 3rd March 2023 Commons Chamber

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a great pleasure to speak on this important Third Reading debate. I begin by thanking hon. Members for joining us, particularly those who may have been elsewhere yesterday and perhaps, in some cases, may have had quite a late night.

I extend a particularly warm thanks to my hon. Friend the Member for Buckingham (Greg Smith) for taking the initiative and pursuing this private Member’s Bill with such eloquence, tenacity and ability. I congratulate him on corralling cross-party support from the Government, from Opposition Front Benchers and from hon. Members across the House, and I add my birthday felicitations to those that have been expressed. He has made a very good job of the Bill, which the Government have supported from the outset and which has received resounding support across the House on Second Reading, in Committee and today on Third Reading. It is a great example of Back Benchers, Government and law enforcement working together to protect hard-working people from various forms of theft.

The shadow Minister, the hon. Member for Aberavon (Stephen Kinnock), mentioned enforcement. A couple of days ago, I met Superintendent Huddleston, the National Police Chiefs’ Council’s rural crime co-ordinator, and David Exwood, vice-president of the National Farmers Union, to discuss the significant impact that the Bill will have on protecting farmers from the effects of such thefts on individuals and businesses. The theft of agricultural vehicles from a farmer can cause severe disruption to essential cultivation work, as well as risking animal welfare and putting livelihoods on the line.

We are almost at the end of our programme to recruit an extra 20,000 police officers. When the programme concludes in just a few weeks’ time, we will have more police officers across England and Wales than at any point in our country’s history. We will substantially exceed the previous peak under the last Labour Government and deliver record numbers of officers, including in rural areas, where they will be able to police laws such as the Bill. It is a Conservative Government who have delivered those record numbers.

As a result of the Bill, we expect a real decrease in the theft of all-terrain vehicles. The introduction of the extremely effective technology of immobilisers and forensic marking will certainly help to prevent and deter theft and, in the case of forensic marking, to enable detection. It will make it harder for criminals to sell on stolen machinery, which will have an important deterrent effect. We have heard about how the theft of agricultural machinery, particularly all-terrain vehicles, is of great concern, and we recognise the distress caused when such property is stolen.

As hon. Members including the shadow Minister and my hon. Friend the Member for Loughborough (Jane Hunt) have said, there is a strong desire on both sides of the House to ensure that the statutory instruments made under the Bill go beyond all-terrain vehicles to include larger agricultural equipment and the tools used by tradespeople. To answer the shadow Minister’s question, I can confirm that my intention is to make statutory instruments under the Bill that deal not just with ATVs, but with other agricultural machinery and with tradespeople’s high-value tools. We will need to consult to ensure that we get the details right, but I would like us to cover all such equipment.

This excellent Bill will confer that flexibility. It may initially have been conceived with ATVs in mind, but its scope is far wider. Clause 1(2) will provide a statutory basis for secondary legislation to cover not just ATVs, but

“mechanically propelled vehicles that…have an engine capacity of at least 250 cubic centimeters”

and are designed for off-road use, which includes a whole load of other agricultural machinery. Clause 1(2)(b) clearly covers

“other equipment designed or adapted primarily for use in agricultural or commercial activities”,

including for builders and tradespeople. It strikes me as sensible to use the powers in the Bill to address that equipment as well.

[Jane Hunt]

I thank the Minister very much for what he has just said. It is an amazing thing, and lots of small businesses out there will be very grateful for it.

[Chris Philp]

This is a good example of parliamentary scrutiny delivering improvements. Those issues were raised forcefully by my hon. Friend and others on Second Reading and in Committee. The Government can, should and will respond. We need proper consultations with industry groups and others to ensure that we get the details right, but it strikes me as an important thing to do, as Members on both sides of the House have pointed out. Without question, it will benefit the entire economy by reducing theft—I am happy to make that clear once again on Third Reading.

Those consultations are very important. We need to get the details right, as I have said. We will work with industry groups, the police-led national business crime centre and the combined industries theft solutions group to help us understand the details. We are grateful for the expertise that those bodies bring to bear in this area.

I would like to conclude—often the most popular line in my speeches—by putting on record my thanks to the National Farmers Union and the National Police Chiefs Council lead for construction and agricultural machinery theft, Superintendent Andy Huddleston, who I met just a few days ago, for their work developing the measures in the Bill. Most of all, I thank the birthday boy, my hon. Friend the Member for Buckingham, for the initiative he has shown in introducing the Bill.

[Greg Smith]

With the leave of the House, I thank all right hon. and hon. Members for their contributions, not least their kind words in wishing me a happy birthday. I recommend to all right hon. and hon. Members a sitting Friday as the perfect definition of what a good birthday looks like. In particular, I thank my constituency neighbour, my hon. Friend the Member for Aylesbury (Rob Butler), who has supported this Bill throughout. He pointed out that the demand right now is outstripping supply, which is giving a far greater urgency to the need for the provisions of the Bill.

I thank my hon. Friend the Member for North West Norfolk (James Wild), who like me is a fan of “Clarkson’s Farm,” which has done more to bring the British public closer to the realities of British farming than “Countryfile” has managed in decades. He pointed out that GPS units are a particularly targeted item of equipment at the moment, particularly as farms have moved to a reliance on GPS units for spraying, drilling and bringing the harvest in with the combine. The loss of that equipment has a massive impact on yields and on the ability to feed the nation.

The hon. Member for Newport West (Ruth Jones) made a very valid point about hill farmers’ reliance on quad bikes and ATVs. I do not have many hill farms in my constituency, but in many parts of the country that is incredibly important. My hon. Friend the Member for South Cambridgeshire (Anthony Browne) referenced the Pig & Abbot pub rural crime survey. He highlighted that all 30 of the farmers he spoke to had been a victim of rural crime, underlying the necessity for the Bill. My hon. Friend the Member for West Dorset (Chris Loder) pointed out that we need to ensure that rural crime is a priority for the additional police officers that the Government are recruiting.

I thank my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for her support and for being one of the voices to push for the extension of the Bill into many other sectors, including tool theft. I have to give special thanks to my hon. Friend the Member for Loughborough (Jane Hunt) for supporting me in the original iteration of this Bill as a ten-minute rule Bill a couple of years ago, all the way through Second Reading and in Committee, and now on Third Reading. I am very grateful for her support and her voice, as acknowledged by my right hon. Friend the Minister a few moments ago, to ensure that we got the Bill beyond just quad bikes and ATVs, to protect all our trades up and down the land from tool theft.

My hon. Friend the Member for South West Hertfordshire (Mr Mohindra), another constituency neighbour, made a very valid point on the stress that equipment theft brings to farmers and tradespeople. When that equipment is gone, people cannot do their jobs and earn their living. Their livelihoods are brought under question, particularly in agriculture, because when the crops need to come in, they have to come in. If people have lost that equipment, it has a huge impact on food production and on animal welfare; the equipment is vital to ensuring that our farmers are able to deliver.

I am grateful once again to the Opposition spokesperson, the hon. Member for Aberavon (Stephen Kinnock). He may not have many combine or tractor thefts in his constituency, but I assure him that when a combine or other agricultural machinery is stolen, it has an impact on us all, because it affects the food production that farmers up and down the land are able to deliver. We will all go hungry if farmers are not able to do the work they want to do. I offer my sincere thanks and gratitude to the Opposition for supporting the Bill and enabling its smooth passage thus far.

My right hon. Friend the Minister has been a great support throughout the process. I have been grateful for our conversations outside the Chamber as well as those inside it and in Committee. I am grateful for the Government’s support and particularly grateful for his comments this afternoon that the Bill can go further and that the provisions in the Bill to enable him and the Home Secretary to bring in secondary legislation to expand its scope will make a huge difference in defending our farms, our tradespeople and everybody who depends on such equipment to go about their day-to-day lives. I am confident that the Bill will make a huge difference and I am grateful to the Minister for his enthusiasm and support in making it happen.

Finally, an enormous number of people have contributed to getting the Bill to where it is now. I once more place on record my thanks and gratitude to Superintendent Andy Huddleston and to Inspector Hutchings of the Thames Valley Police rural crime taskforce. I thank Anna Dawson and the whole office team at the Home Office for the support they have given throughout the process, from sitting with me in one of the first roundtables with manufacturers, at Yamaha in Reading, to getting the Bill to this point. I thank the NFU vice president David Exwood and the whole team at the National Farmers Union and NFU Mutual for their support.

I also put on record my thanks for the expert advice and efficiency of the Public Bill Office, particularly Anne-Marie Griffiths, who has supported me so ably in getting all the details and the right procedures in place for this Bill. I thank my senior parliamentary assistant, Ian Kelly, who has done an enormous amount of heavy lifting to support me in getting us to where we are today.

Finally, as hopefully the Bill leaves this House and goes to the other place, I thank my noble friend, Lord Blencathra. When he was a Member of this House, he specialised in talking out private Members’ Bills, but I am delighted that he has agreed to pilot this one through the House of Lords. I am very confident that he will do so with great skill and ability and ensure that this Bill, which can do so much for rural Britain, for our farmers and for our tradespeople, whichever trade they are in, can make a huge and lasting difference.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Firearms Bill

Chris Philp Excerpts

2nd reading
Friday 3rd March 2023 Commons Chamber

[The Minister for Crime, Policing and Fire (Chris Philp)]

I congratulate my hon. Friend the Member for West Bromwich West (Shaun Bailey) on introducing this private Member’s Bill and, of course, my hon. Friend the Member for Clwyd South (Simon Baynes) on stepping into his place with such eloquence and command of the House, as we heard just a few moments ago.

Time is relatively short, so I am not going to repeat at length a description of the provisions that the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock), and my hon. Friend the Member for Clwyd South have both already covered. Suffice it to say that, as they have laid out, the Bill intends to more tightly define the legislation around miniature rifles to ensure that a limitation of .22 is placed on their calibre and that the people operating miniature rifle ranges need to have licences.

As others have laid out, clause 2 seeks to make it clear that having an intent to assemble components into ammunition will constitute an offence. As the Bill passes through Committee, we may want to make sure that we cover not only people intending to manufacture ammunition themselves, but those facilitating others to do so. However, that is a definitional detail that I am sure we can consider properly in the course of Committee proceedings.

The shadow Minister asked a number of questions. I am sure we will discuss them more on other occasions, but 3D printed weapons—either the weapons themselves or the components thereof—are treated the same as regular weapons. We will, of course, keep that under review. He asked about the fees charged for firearms licensing; as I said to the House a week or two ago, we have committed to consulting this year—probably in the summer or early autumn—about increasing those fees to make sure that the full costs are recovered by police forces. The question of accreditation of firearms examination officers is one that I discussed with the College of Policing’s chief executive, Andy Marsh, just this week. That is an area that we would like to see taken forward by policing, and it is something that the College of Policing will consider in conjunction with the National Police Chiefs’ Council.

On the question about firearms backlogs and temporary licences, I reviewed the data on that only yesterday and, of the 43 forces, I consider four to have unacceptably high backlogs. I will be communicating with the chief constables of those four forces in the very near future.

Last week or the week before, I made a statement on the terrible shootings that we have seen; as the shadow Minister knows, the Government are waiting for the prevention of future deaths report from the Plymouth coroner so that lessons can be learned and whatever changes need to be made can be made, in order to prevent appalling tragedies such as that. We will also consider the recommendations made by the Independent Office for Police Conduct, as well as a report by the Scottish Affairs Committee prompted by a tragedy that took place on the Isle of Skye. We will consider all three things together, and the Government will respond substantively within 60 days of receiving that prevention of future deaths report, which we believe we will receive in the very near future.

I am conscious that I have strayed somewhat beyond the strict topic of the Bill, Mr Deputy Speaker, but I wanted to answer some of the shadow Minister’s questions; we can discuss the others later. I put on record the Government’s support for the Bill. It is well constructed and will certainly contribute to public safety, and I look forward to working with right hon. and hon. Members on both sides of the House to make this excellent Bill law as soon as possible.

Actions to Improve Police Standards and Culture

Chris Philp Excerpts

Wednesday 1st March 2023 Written Statements

[The Minister for Crime, Policing and Fire (Chris Philp)]

Recent reports from His Majesty’s inspectorate of constabulary and fire and rescue services (HMICFRS) and significant high-profile incidents of police criminality and misconduct, such as the horrific crimes of David Carrick, have rightly raised concerns regarding police standards and culture.

In January, the Home Secretary announced a series of actions being undertaken by the Home Office and the police to ensure that police vetting is fit for purpose, that officers who fall short of the standards expected of them are identified and dealt with appropriately, and that concerns around policing cultures are being addressed to rebuild public confidence.

On Monday 27 February I convened a roundtable with senior leaders from across the policing sector to review progress on these commitments and to ensure that activity is being co-ordinated to drive up police standards and improve culture.

In relation to police vetting, the Home Secretary has commissioned His Majesty’s inspectorate of fire and rescue services to undertake a rapid review of progress being made against the 43 recommendations in their 2 November 2022 assessment of police vetting and counter-corruption capability. The National Police Chiefs Council (NPCC) are co-ordinating the forces’ responses to the inspectorate’s report and, at the roundtable, reported significant progress in implementing a suite of changes to ensure that police vetting is more robust and consistent. HMICFRS will publish its rapid review in April.

In addition, the Home Secretary asked the College of Policing to refresh its statutory vetting code of practice to strengthen legal obligations on Chief Officers and provide clarity to forces across England and Wales. The college has published the revised statutory code yesterday for a three-week public consultation (available on the College of Policing’s website). Following consideration of that feedback and Home Secretary approval, the revised code will be in force by the summer. I also welcome the work being undertaken by the College of Policing to overhaul the police code of ethics which is expected to be published for public consultation next month.

Across police forces, significant activity is underway to identify individuals who fall short of the high standards the public expect of them and to deal with those individuals appropriately. This includes the work being co-ordinated by the NPCC, under the leadership of Chief Constable Serena Kennedy, to check all police officers and staff against the police national database (PND) to ensure that no actionable intelligence in relation to potential police misconduct or criminality has been missed.

As of this date, all force HR records have been prepared for the data wash which will conclude by the end of March, cross-checking over 326,000 officers and staff against relevant PND records. Forces will then interrogate this data and take action to investigate where necessary.

Where officers are found to have potentially breached standards of professional behaviour, it is of vital importance that those who are not fit to serve the public are swiftly dismissed. On 18 January, the Home Office launched a review of the effectiveness of the police dismissal process to determine how improvements can be made. The call for evidence has now ended and the Home Office have received submissions from a wide range of stakeholders. These will now be analysed, with the output from a new data collection, to inform proposals for change. This work will be complete by the end of April and the Government are committed to implementing reforms, including via legislation, as soon as practicable thereafter.

Alongside this, it is essential for public confidence in policing that we have an effective independent process for investigating the most serious complaints about the police. That is why I am announcing today the start of an independent review of the Independent Office for Police Conduct (IOPC) led by Dr. Gillian Fairfield (Chair of the Disclosure and Barring Service), whom the Home Secretary has charged with considering the IOPC’s effectiveness, efficiency, governance and accountability. The review’s remit is tightly defined to avoid infringing upon or impacting ongoing investigations, which are rightly independent from Government, the police and complainants. A summary of the review’s terms of reference will be published on gov.uk and a copy will be placed in the Libraries of both Houses. Dr Fairfield has been asked to submit her final report and recommendations for internal review in autumn 2023. I shall inform the House of the outcome of the review at its conclusion and a summary of its key findings will subsequently be published.

As well as driving up standards in police vetting and dealing with misconduct, the Home Secretary has been clear that policing needs to address the root causes of poor, and in some cases toxic, cultures. This will be a key focus of part 2 of the independent Angiolini inquiry that was established in the wake of the murder of Sarah Everard to understand how a serving police officer was able to carry out such a horrendous crime. Part 2, which will look at broader issues for policing, will start later this spring, following a public consultation on the terms of reference that ended last week. The Inquiry will also look at the appalling case of David Carrick, in terms of reference published on 7 February 2023.

The Government and our policing partners are determined to deliver on these commitments to help rebuild confidence and trust in policing. This is what the public expect and the decent, hardworking majority of officers deserve. I will update the National Policing Board, chaired by the Home Secretary, on 8 March on progress and provide the House with updates in due course.

[HCWS590]

Police Training: Entry Routes

Chris Philp Excerpts

Tuesday 28th February 2023 Westminster Hall

[The Minister for Crime, Policing and Fire (Chris Philp)]

As always, Sir George, it is a pleasure to serve under your chairmanship. I thank and congratulate my hon. Friend the Member for Crewe and Nantwich (Dr Mullan) on securing this important debate. Essentially, I have little to add to his comments. I agree with everything that he said about the importance of policing reflecting the communities that it serves, and the importance of making sure that people from all backgrounds can access policing, serve the public and keep us safe.

This is a good time to pay tribute to the police officers who serve our communities up and down the country with bravery and dedication. I am sure that the Members here will want to join me in thanking police officers for their service, which often involves them putting themselves in the line of danger, as we saw with the tragic incident of the Police Service of Northern Ireland officer who was shot just a short time ago.

Turning to more positive news, I am pleased to say that our programme to recruit additional police officers is going well. By 31 December last year, we had recruited 84% of our target of 20,000 extra police officers to be recruited by March. As I have said to the House previously, we are on track to have a record number of police officers in England and Wales by next month—more police officers than we have ever had at any point in our country’s history. I am sure that our constituents will be very happy to hear that.

Of course, it is important to make sure that police officers represent the community more broadly. Of the new officers recruited by December 2022, 43% were female, which is a substantial increase from the previous figure of 36%, and 11% were from ethnic minority backgrounds, which is an increase on the 8.3% of the current workforce who are from ethnic minority backgrounds. The diversity of the police workforce is improving.

Regarding entry routes, I completely agree with my hon. Friend the Member for Crewe and Nantwich. He acted as a very passionate and powerful advocate on this issue a few months ago, expressing his concern that we would lose the initial police learning and development programme or IPLDP—the so-called “ippledip” entry route—whereby people could join the police without a degree, and without having to obtain a degree. My hon. Friend and others expressed concern that the change would limit the accessibility of policing, and that we would lose people who had the potential to become very effective and capable police officers. The Home Secretary and I listened to those concerns, which is why the Home Secretary announced just two or three months ago that the IPLDP entry route would remain open, alongside, of course, degree-based entry routes, until such time as the College of Policing has developed a new and improved replacement non-degree entry route. It is doing that work at the moment. We are doing that because we completely agree with the points that my hon. Friend made in his excellent speech.

Both my hon. Friend and my hon. Friend the Member for Broxtowe (Darren Henry) referred to the armed forces. I strongly agree that drawing from the armed services for policing is a good idea. As my hon. Friend the Member for Broxtowe said in his excellent speech, the values of both services are very similar. I pay particular tribute to the police and crime commissioner for Nottinghamshire, Caroline Henry, who worked with my hon. Friend, my predecessors and the previous Minister for the Armed Forces—my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan)—to establish the pilot scheme that is now running. I believe that work is under way with the College of Policing to expand that scheme and take it nationwide. I will certainly do everything I can to ensure that happens as quickly as possible. It is an excellent route, and we should do everything we can to facilitate and encourage it.

Questions were raised around whether the officers being recruited are likely to be retained. I am pleased to say that survey data from the new officers is generally positive. Between 70% and 80% of newly recruited officers have had a positive experience and, critically, intend to make policing their long-term career. We cannot be complacent—we have to ensure that they have a good experience—but that survey data encourages us to believe that the people we are recruiting view policing as a long-term career, and have had a positive experience of it so far.

[Dr Mullan]

I recognise those statistics; they paint an initially positive picture, and I do not want to take away from that. For me, the question is whether those officers will still be there in five years’ time. It is not so much about whether they are setting themselves a goal, and want to stick around in the short term. Will they be there five or 10 years from now? That is my concern.

[Chris Philp]

It is certainly our intention for those recruits to commit to long-term careers in policing. We do not want a fast turnover; we want them to build their skills. Policing offers a number of opportunities. People tend to start in emergency response or on neighbourhood policing teams, but there are a huge number of interesting specialisms that can be developed thereafter, whether they become a detective in the criminal investigation department or a specialist in investigating a particular type of crime, or undertake firearms training. That is besides the regular career progression that comes through promotion.

We are keen to ensure that all police officers are valued and looked after. That is why I chair the Police Covenant Oversight Board. The police covenant is rather like the armed forces covenant; it ensures that serving and retired officers are properly looked after, for all the reasons my hon. Friend the Member for Crewe and Nantwich referred to in his speech and question. I completely share his views.

This is an important issue. We will have a record number of police officers in the near future. I am pleased that both the entry routes that we have discussed are open; that is right. I pay tribute to my hon. Friend for assiduously, energetically and persistently lobbying and campaigning on this topic. His personal intervention made a real difference in securing a change of policy and keeping the non-degree entry route open, when it had been previously decided that it would be closed down. He can take that away as a personal accomplishment.

I look forward to working with hon. Members from all parties to ensure that the police force, having reached record numbers, maintains them, and continues to serve and protect our constituents the length and breadth of the country.

Question put and agreed to.

Missing Person Case: Cathryn Holdsworth

Chris Philp Excerpts

Tuesday 21st February 2023 Westminster Hall

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure to serve once again under your chairmanship, Mr Vickers. I start by thanking and congratulating the hon. Member for Halifax (Holly Lynch) on securing this debate on what is, as she said, a particularly poignant topic, given the tragic death of Nicola Bulley. I wish to repeat the hon. Lady’s sentiments in sending our sympathies, condolences and thoughts to Nicola’s family at what must be an extremely difficult and distressing time.

I also fully echo and endorse the hon. Lady’s sentiments in encouraging members of the public who may have information about Cathryn’s disappearance to come forward, dial 101 and contact Calderdale CID. If people do not want to contact the police directly, they can contact Crimestoppers and provide information anonymously. I fully echo her plea and appeal to the public to come forward with any information they might have.

In response to the hon. Lady’s question, I can confirm that Home Office officials have been in contact with West Yorkshire police about this case relatively recently. As she said, West Yorkshire police have been energetically trying to identify where Cathryn may be, but have so far been unable to locate her, in what is clearly a very distressing case.

Beyond repeating the hon. Lady’s plea for the public to come forward with information, it is worth saying, partly in response to the intervention by the hon. Member for Strangford (Jim Shannon), that we are concerned to ensure that missing persons in general are found. The police have an important role to play in that, but identifying missing persons, particularly those with vulnerabilities—as they do in many cases, including Cathryn—has to be a multi-agency response. The hon. Lady may have had discussions about this with Catherine Hankinson, the deputy chief constable for West Yorkshire, who happens to be the National Police Chiefs’ Council’s lead for missing persons. Deputy Chief Constable Hankinson is clear that close collaboration is critical. Investigating officers will often need input from other agencies, such as health and social care, to build a picture around the missing individual. As part of the work in this area, the National Police Chiefs’ Council has published a missing adults framework, which sets out a blueprint for how such multi-agency work should take place.

In her response to the intervention from the hon. Member for Strangford, the hon. Lady rightly talked about the need for proper training for police officers in this specialist area. The Home Office is funding the College of Policing’s training for senior officers and staff who work on public protection and safeguarding issues, which include missing persons cases, as well as the vulnerability knowledge and practice programme, which identifies and shares best practice across all forces. Those programmes are designed to help leaders and frontline professionals understand the complexity, sensitivity and risk involved in this area of work.

There has been some recent legislation in this area: the Guardianship (Missing Persons) Act 2017, which gives families and friends the ability to manage and protect a missing person’s property, and the Presumption of Death Act 2013, which enables families to have closure in cases of very long-term missing loved ones. There is training and best practice work through the College of Policing and the National Police Chiefs’ Council to ensure that best practice is being followed.

It remains only for me to repeat the plea that the hon. Member for Halifax made in her excellent speech: if anyone in West Yorkshire, Halifax or anywhere more widely has information about Cathryn or any missing people—the vast majority are found within 28 days, but there are people who are not found and are still missing—they should contact the police or, if they want to do it anonymously, Crimestoppers. The public also have a role to play in helping the authorities to identify missing people, who can then be looked after in the appropriate way. I am grateful for the opportunity to make that point, and I thank the hon. Lady again for raising this extremely distressing and important case.

Question put and agreed to.

Plymouth Shootings

Chris Philp Excerpts

Tuesday 21st February 2023 Commons Chamber

[The Minister for Crime, Policing and Fire (Chris Philp)]

With permission, Madam Deputy Speaker, I will make a statement about the shootings in Plymouth in August 2021.

On 12 August 2021 in Keyham, Plymouth, Jake Davison shot and killed five people, wounded two others and took his own life. The deceased victims were the perpetrator’s mother, Maxine Davison, 51; three-year-old Sophie Martyn and her father Lee Martyn, 43; Stephen Washington, 59; and Kate Shepherd, 66. This was a truly horrific incident and a tragic loss of life.

The jury to the inquest into those deaths returned their findings of unlawful killings yesterday afternoon. Our thoughts and prayers go out once again to the families and friends of the victims, and to the whole community in Keyham. I pay particular tribute to the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) for his tireless campaigning since the tragedy on behalf of the Keyham community and the families.

It is anticipated that the coroner will shortly issue a prevention of future deaths report in which further recommendations are likely to be made. If, as expected, the Home Office receives such a report, we will substantively respond to it—as well as to the recommendations made by the Independent Office for Police Conduct, which has conducted an investigation into the shootings, and to a separate inquiry by the Scottish Affairs Committee—within 60 days of receiving it.

The Government keep firearms licensing under review to safeguard against abuse and prevent risk to public safety. In the immediate aftermath of the shootings in Plymouth, the then Home Secretary asked all police forces to urgently review their firearms licensing practices. The review found that, collectively, a total of 6,434 firearms and shotgun licences were surrendered, seized, revoked or refused over the previous 12-month period across England, Wales and Scotland. Of those licences, a total of 908 were subsequently returned or reissued following further checks or appeals decided by the courts. As a result of the review of returned licences, the original decision was overturned in eight cases and the licences have been re-surrendered or revoked. I hope that those findings provide reassurance that the police have put in place robust processes for issuing and reviewing firearms and shotgun licences.

That does not mean that there is any complacency following those awful events. Strengthened controls were subsequently issued through statutory guidance in October 2021—a few months after this awful incident—so that the police make sure that people are medically fit to receive a licence and that full medical checks have been undertaken, which, of course, did not happen in this case. A new digital marker system to flag firearms owners to GPs is also currently being introduced.

The statutory guidance draws on previous lessons learned and will ensure better consistency across police firearms licensing departments. It means that that no one will be given a firearms licence unless their doctor has expressly confirmed to the police whether they have any relevant medical conditions, including in relation to their mental health. The statutory guidance makes it clear that police can now undertake a wide range of checks to assess a person’s suitability depending on the individual case, including social media checks, financial checks, interviews with and background checks on relatives or associates, and checks relating to domestic violence or public protection units.

The College of Policing has refreshed its authorised professional practice on firearms licensing. A consultation was launched about a month ago, on 12 January, and it will conclude on 10 March. I encourage Members to respond to that consultation. His Majesty’s inspectorate of constabulary and fire & rescue services has announced that it will be undertaking a thematic review of forces’ arrangements in respect of firearms licensing in 2024-25.

Devon and Cornwall police have assured the IOPC that changes have been made following its recent recommendations, but depending on what the coroner recommends shortly, I am currently minded to ask the inspectorate to look specifically at the arrangements that Devon and Cornwall have in place for firearms licensing and to confirm their suitability. The Home Office is also currently taking forward a review of fees that can be charged for firearms licences or certificates by police forces—we expect to consult later this year—to make sure that forces have enough resources to conduct those important checks.

We must ensure that our controls on firearms are as robust as possible, and that we learn the lessons from the tragic deaths in Keyham and in Scotland. We therefore await with keen interest the coroner’s anticipated prevention of future deaths report. As I have said, we will respond to that report, to the recent report by the Scottish Affairs Committee following the shootings in Skye, and to the IOPC report within 60 days of receiving the last of those three reports, which will be the coroner’s report. We will respond substantively to the recommendations in all three.

I commit today that any further changes needed to protect the public will be made. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

[Sarah Jones (Croydon Central) (Lab)]

I thank the Minister for advance sight of his statement.

Today we mourn Sophie Martyn, who was only three, Lee Martyn, Stephen Washington, Kate Shepherd and Maxine Davison. I also pay tribute to my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) for his work. I know that he has been affected very deeply, as has his community.

The juror’s conclusions are searing and the IOPC report damning. There was “catastrophic failure” at Devon and Cornwall police in the individual decisions taken, in the appalling lack of supervision, training and oversight, and in the rules themselves. There is no automatic right to bear arms in this country; there is no right to be given the benefit of the doubt.

After Dunblane, firearms units were to be given as much training and guidance as possible, yet Devon and Cornwall police had no formal training for two decades. The firearms licensing supervisor told the court that he had done a two-day training course in 1998 but nothing else until 2020. How could it possibly be that the person in charge of deciding whether someone was safe with a gun was not even trained on how to use the risk manual? That casual approach to risk was dangerous and proved to be fatally flawed.

The last HMIC inspection on firearms was eight years ago in 2015. I am glad that the Minister has told us that the next one will be completed in 2024-25, but why do we need to wait a year? Can it not be brought forward? The 2015 inspection raised concerns that police force practice on licensing was inconsistent, but the public consultation on statutory guidance started only in 2019. The Government failed to respond to the consultation. Jake Davison used his licensed weapon to kill five people in 2021. Since the Keyham shooting, Devon and Cornwall police now reject 6% of gun applications, but the national average across England is only 3%. It is terrifying to think that other pump-action shotguns could be in the wrong hands.

Jake Davison’s child and teenage history should have triggered far more questions and expert advice. There was information about him that was never revealed. The mental health marker is finally being introduced, but it is in statutory guidance rather than a legal duty, and experts have raised concerns about the new system. Is the Minister aware of those concerns, and is he satisfied with the new marker? What are the Government’s plans to ensure that there is a proactive approach to risk management on firearms licensing? How will the Minister ensure that statutory guidance is followed by police forces and that they are held to account on it?

Jake Davison was an incel. The online radicalisation of young men has been overlooked for far too long. In the past year, there were 77 referrals to Prevent for incel, and 154 referrals for potentially planning or thinking about a school massacre. Will the Minister explain whether there is a flag on Prevent systems to notify the police if someone referred to Prevent has a gun licence? What action are the Government taking to tackle misogynist extremism, because their watering down of the Online Safety Bill means that misogynists and incel gangs will continue to proliferate online? The current counter-extremism strategy is eight years out of date. When will the Government update the strategy? Why does the Minister not accept the IOPC’s recommendations in full? I understand he is waiting 60 days for other pieces of work to be concluded, but he could accept the IOPC’s sensible recommendations in full today.

The new chief constable of Devon and Cornwall police has called for legislation on firearms licensing. Does the Minister agree? We are alert to concerns about pump-action shotguns in homes. What is the Home Office view on that? Labour in government will initiate a review of gun licensing laws. We must learn the lessons so that what happened in Keyham can never happen again. Nothing else will do.

[Chris Philp]

I thank the shadow Minister for her comments and her questions. I will try and answer as many as I can, but I am sure we will discuss this again in the future.

On the HMICFRS thematic inspection, that is programmed as I set out. The point I made about Devon and Cornwall specifically is that, subject to the coroner’s recommendations, I will be asking them to do that inspection a lot sooner—essentially I will be asking whether they are willing to do it immediately—to make sure of the assurances that Devon and Cornwall have given to the IOPC that they have indeed already implemented all the recommendations. That is something that needs to happen straight away and, subject to the coroner’s report and what that might have to say about it, I will be writing to HMICFRS on that basis shortly.

On concerns about the new markers being placed on files, I commit that our response to the three reports will address the need for a proactive approach to risk management and for legislation in this area. It is important to respond to all three together, rather than piecemeal, and I do not think 60 days is too long to wait for that. I have been clear with colleagues that we need to respond substantively within 60 days of the coroner’s report, which is expected shortly.

I completely agree with the shadow Minister’s point that people with Davison’s background should not receive firearms licences. Indeed, under the laws in place at the time, he should not have received a firearms licence. The IOPC in its recent report identified two or three individuals within the Devon and Cornwall force who the IOPC considered guilty of misconduct by wrongly authorising the issue of that licence, which Davison should never have received, even under the regulations as they stood in 2018 and in 2020.

In relation to the question about radicalisation, if someone has been referred into Prevent, and there is any substantive evidence of radicalisation, it is reasonable that that should be known to the police in making decisions about firearms licences. I will undertake to confirm that that is the case. If it is not the case, I will see what steps can be taken to ensure there is a link between the Prevent database and checks performed by firearms officers.

There is a lot of material to cover. The substantive response that the Government will bring forward in approximately two months’ time will answer all the questions and more, and no doubt there will be a statement to the House on the occasion of presenting that.

[Kit Malthouse (North West Hampshire) (Con)]

May I welcome the Minister’s suggestion that there be an IOPC investigation of Devon and Cornwall’s operation of firearm regulations? I think I am right in saying that they have the largest number of licences within their territory. If they have not been getting it right, we need some reassurance that they are. I also welcome the Minister’s underlining of the fact that this particular person should not have received his firearms back even under the existing regulations. It was a misapplication of those regulations that resulted in the situation we find ourselves in.

Having said that, I am sure the Minister will accept—he will have had the same experience as me—that firearms legislation is in fact an accretion of policies over the years, and it has become a bit of a thicket for us all to navigate. We should have a look at some kind of review overall, and in particular at the critical role the medical profession play in general community safety. What more does the Minister think we can do to impress upon that profession the duty they have, not just to the community more widely, but to the wider body of those who shoot and operate firearms for work purposes or leisure purposes? The profession should not stand in the way of that process. We often found medics who would refuse to issue certification to people or would charge excessive fees for certification, and who were therefore not fully participating in the system. Given that this case proves the crucial nature of their assessment to all our safety, what more does the Minister think we can do to impress that on the medical profession?

[Chris Philp]

When my right hon. Friend was in this role, I know he met the families of the victims. I completely agree with his points about the medical profession. I echo his call for the medical profession to be proactive when approached by the police in relation to firearms licences and to make full disclosures in consultation with their patients. Where they see a flag that is of concern to them, they should proactively contact the police. As this tragic case shows, there can be devastating consequences for the public where somebody who should not have a gun has one. There is an ethical and moral duty on the medical profession that they owe to society as a whole, as well as to their patient as an individual. I strongly urge GPs and other medical professionals to keep that wider moral duty firmly in mind and to co-operate with the police on these issues.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I am angry and our community is angry. We are still hurting and grieving for those we lost, but also feeling for those who were shot and survived. Confidence in Devon and Cornwall police has been badly shaken by the catalogue of catastrophic failures that led up to this tragedy. We have been failed locally by our police, but nationally we are also being failed by gun laws that need to be brought up to date. The families of the victims and those who survived want to see changes: a review of gun laws to bring them up to date and to make them 21st-century; an urgent review of gun licensing, which has failed us badly, and not just in Devon and Cornwall but for every gun licensing authority in the country; a ban on keeping pump-action weapons in someone’s home with exceptions for farmers and pest controllers; a national incel strategy to deal with this growing toxic problem; training for firearms officers nationwide; and, importantly, full cost recovery, so that the police have the resources to process applications properly. Will the Minister agree to meet me and the families so that they can impress upon him the strength of their loss, but also the strength and determination in Plymouth to make sure there will be comprehensive changes to our gun laws to ensure that no other community anywhere in the country will have to go through what we have in Plymouth?

[Chris Philp]

I will meet the hon. Member and the families of the victims, as I think my predecessor has done, to listen to their concerns directly and to make sure their voice is heard in government. He raised a number of points in his question. As I said to the shadow Minister, the response we intend to produce shortly should address the points that he outlined. Clearly the families may have points that they would like to add that we can take into account, so I suggest we have that meeting in the next month or so, so that their views can feed in to the comprehensive response I have described. We intend to consult on the specific question of fees and ensuring full cost recovery so that police forces get the money it costs them to run these licensing arrangements over the summer or early autumn as quickly as possible. I can make that commitment now.

[Sir Gary Streeter (South West Devon) (Con)]

I pay my own tribute to the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), who has done outstanding work on this issue since this appalling event in 2021. I thank the Minister for his statement, and for the support that the Home Office has given to the people of Plymouth in the aftermath of this tragedy. I welcome the review that the Minister has talked about today, but I ask him not to close his mind to a thorough review of the law in relation to firearms. I take the point that some of that law is quite ancient, and needs to be brought together and looked at in the light of internet influences, as well as medical conditions.

Finally, Madam Deputy Speaker—thank you for being kind to me—can I ask whether the Minister has seen the excellent report produced by Plymouth’s violence against women and girls commission, which tries to tackle some of these wider cultural issues from the bottom up? Has he seen it, and will he commend Plymouth City Council on continuing to take that work forward?

[Chris Philp]

I echo my hon. Friend’s tribute to the families of the victims, who have shown extraordinary bravery in the way they have handled this situation and advocated for change during what have obviously been very difficult circumstances for them. We will obviously consider any recommended changes to the law that may follow from the three reports we are going to be considering.

I am aware of the excellent work led by Plymouth City Councillor Rebecca Smith on a VAWG strategy designed to combat these kinds of issues. When my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) was Minister for Safeguarding, she visited Plymouth together with Councillor Smith to discuss her excellent report, and I commend the approach that Councillor Smith has developed in Plymouth to other local authorities around the country.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

My thoughts, of course, are with the families and the victims, and I commend the sterling work that my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) has done on this issue.

I wrote to one of the Minister’s predecessors, the right hon. Member for North West Hampshire (Kit Malthouse), in 2020, asking for medical markers to be put on records and for there to be a review of fees, both the fees that GPs were charging and those that police forces were able to charge. The correspondence I got back said that work was being done on the issue, but clearly work was not done on it quick enough. What is important is not just the 60 days in which the Minister will respond but having some indication of a timetable of implementation for some of these changes, particularly a statutory footing for that medical marker. I am worried that, unless that marker is statutory and it is part of the NHS contract that GPs have to report it, enforcement will be weak.

--- Later in debate ---

[Chris Philp]

I cannot speak for my predecessor, but on the point about urgency, a number of steps have already been taken. The updated authorised professional practice guidance from the College of Policing is out for consultation now; that consultation started in January, and will close in March. Updated statutory guidance was issued in October 2021 ensuring that there must be medical checks in every single case.

On the point about medical markers, those markers are being fully rolled out as we speak, so that is in hand. As I said, I can commit to a consultation on the question of fees over the summer or in early autumn, with the objective of ensuring full cost recovery. Regarding the response to the recommendations, I think that 60 days following the coroner’s report is a good timetable for a response. That will obviously contain a proposed implementation timetable, but the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) and others can be assured that I want to get any changes needed—I am sure there will be changes—implemented as a matter of urgency, for obvious reasons.

[Selaine Saxby (North Devon) (Con)]

As my right hon. Friend looks to review the licensing arrangements for Devon and Cornwall police, can he ensure that those arrangements accurately reflect the vast rural area that the force covers? We have already heard that the area has a high level of gun ownership, linked to those remote farms that require them for work, and there is concern that there is already a backlog in the renewals system and that the area’s rurality is not adequately reflected in the resources that the force receives.

[Chris Philp]

I thank my hon. Friend for her question. Obviously, Devon and Cornwall is a large geographical area. I understand that more resources are now being deployed into firearms licensing by Devon and Cornwall police, partly following this awful incident, but partly because there are quite large backlogs in Devon and Cornwall specifically for firearms licensing. However, notwithstanding the rurality of Devon and Cornwall, or indeed many other parts of the country, we cannot have different or lower standards anywhere. I know that that was not what my hon. Friend was suggesting, but we need to make sure that standards are high everywhere across the country.

In relation to the resource question more generally, there is an intention to consult shortly on the police funding formula. One of the inputs into that consultation will be rurality, so that adequate resources are given to more rural forces to reflect the additional costs that they very often face.

[Richard Foord (Tiverton and Honiton) (LD)]

The inquest concluded that the shootings in Plymouth resulted from a “catastrophic failure”. The responsibility lies entirely with the murderer—I do not want to repeat his name—but the firearms licensing department was not given the resources that it needed. The police and crime commissioner in Devon and Cornwall has admitted as much, and has said that

“I have made significant funding available to improve the Devon and Cornwall Police’s firearms licensing department”

—this, obviously, since the inquest. What conversations has the Minister had with the police and crime commissioner in Devon and Cornwall about those findings, and what additional changes would he like to see in the oversight of Devon and Cornwall police?

[Chris Philp]

I have had extensive discussions on the question of firearms licensing, both inside the Home Office and with policing, including PCCs. As I said in answer to the previous question, following this awful incident, extra resources have now been dedicated to firearms licensing inside Devon and Cornwall, and of course, police forces up and down the country will have record numbers of police officers by the end of next month.

As for changes to practice, I would like to receive the third of those three reports—the first being the Scottish Affairs Committee report, the second being the IOPC report, and the third being the anticipated coroner’s prevention of future deaths report—and respond to their recommendations in the round within 60 days, as I have committed to already. I would expect a number of changes to be proposed in response to those recommendations, applying not just to Devon and Cornwall but to policing more widely. As I also said earlier, the IOPC has already made specific recommendations directed at Devon and Cornwall. Devon and Cornwall police have assured the IOPC that those proposed changes have been implemented, but I am minded to ask HMIC to check up specifically on that shortly.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

I pay tribute to the whole community of Keyham, and particularly to the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) on his work on this since it happened. There are three Cornish MPs in the Chamber today, but I know that I speak for all six of us and for everybody west of the Tamar. He will know that we stand shoulder to shoulder with his community, throughout this ordeal and going forward.

It was good to see the chief constable of Devon and Cornwall police, Will Kerr—although recently appointed—apologise for the force’s failings and take accountability for what has happened. He has called for legislation in this area. I echo what everybody has said about the medical markers and making sure that we have the right balance in legislation, but is there an opportunity to consider a national unit to standardise licensing, processing and decision making, in order to help local police forces with their resources?

[Chris Philp]

I thank my hon. Friend for her question. Nationally consistent standards are extremely important: we need to make sure that standards are equally high across the entire country. That is part of the reason why the College of Policing is currently consulting on updated authorised professional practice to make sure those standards are clear, and if further changes are necessary, they will obviously be introduced.

The other point that is very important is to make sure that the College of Policing also introduces standardised training—I think the shadow Minister, the hon. Member for Croydon Central (Sarah Jones), referred to that point in her questions—and that is also in hand, in order to make sure that everybody up and down the country has received proper training. That was clearly a failing in Devon and Cornwall, and we need to make sure it does not happen again anywhere.

[Rachael Maskell (York Central) (Lab/Co-op)]

Today will be a difficult day for the community in Keyham, and my thoughts are with them, but I am not reassured by the Government’s response, particularly around mental health but also for victims of domestic violence and their former partners. I have a constituent who is in hiding right now because her former partner has had his firearms returned to him. What reassurance can the Minister give that this incident will be the last, and that my constituent will also be safe?

[Chris Philp]

Everyone’s constituents, including the hon. Lady’s, are entitled to feel safe. As the shadow Minister said, firearms licences are not a right, and it is important that we think very carefully before issuing anyone with such a licence. As I said, we will respond comprehensively to the recommendations in these three reports. I know that that will include consideration of domestic abuse and domestic violence, which are clearly indicators of substantially increased risk, and I would be happy to discuss those recommendations as soon as they come out with the hon. Lady and her constituent if she would like to do so.

[Sir Julian Lewis (New Forest East) (Con)]

Is it correct, as has been reported, that in this tragic case, the murderer’s mother appealed to the police to remove the returned firearm from him and was ignored? If that is true, is it not also the case that no change in any licensing system will be able to compensate for that level of bungling incompetence?

[Chris Philp]

I am afraid to say that very bad decisions—in fact, wrong decisions—were made in this case. As the former policing Minister, my right hon. Friend the Member for North West Hampshire (Kit Malthouse) said, the wrong decisions were taken under the guidance in force both in 2018, when the licence was first granted, and two or three years later, when the gun was confiscated and then returned. The IOPC has said that very clearly, and it has said that two or three officers of Devon and Cornwall police made the wrong decision at the time. My right hon. Friend is right to say that a change of guidance would not have helped, because the wrong decisions were made under the guidance at the time. However, we need to make sure that the guidance is robust and comprehensive and that training is comprehensive. It is with those purposes in mind that we will respond to the three reports in 60 days or so.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for the statement.