All 17 Debates between Chris Philp and Sarah Jones

Mon 24th Apr 2023
Public Order Bill
Commons Chamber

Consideration of Lords message
Wed 22nd Mar 2023
Public Order Bill
Commons Chamber

Consideration of Lords messageConsideration of Lords Message
Tue 7th Mar 2023
Public Order Bill
Commons Chamber

Consideration of Lords amendments
Thu 3rd Nov 2022

Antisocial Behaviour and Off-road Bikes

Debate between Chris Philp and Sarah Jones
Tuesday 11th July 2023

(9 months, 3 weeks ago)

Westminster Hall
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Sarah Jones Portrait Sarah Jones
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I thank my hon. Friend for her helpful intervention. I am sure the Minister will address that in his speech.

If the people are good enough to put their trust in us, the next Labour Government will put 13,000 extra neighbourhood police and PCSOs on our streets as part of our neighbourhood policing guarantee.

Chris Philp Portrait Chris Philp
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I hear this 13,000 number a lot. Will the hon. Lady clarify whether that is a redesignation of 13,000 existing police officers, or new police officers in addition to those currently employed?

Sarah Jones Portrait Sarah Jones
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I am sure that the Minister could read our press releases, which explain where the funding will come from, but there will be 3,000 new police officers, 3,000 from the uplift, and the rest will be PCSOs and specials. But the point of our policy—it will not just be about neighbourhood policing—is that we need to have police on our streets, where people can see them. Given that half of all our PCSOs across the country and large numbers of police staff have been cut, officers who should be in our neighbourhoods are now answering phones, dealing with back-office functions and not doing the things that we need them to do.

--- Later in debate ---
Chris Philp Portrait Chris Philp
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What the hon. Lady is saying is that there is limitation in the police recorded crime figures. That is why the crime survey is considered the authoritative source of data. It does not rely on the public reporting a particular offence; it is essentially a public opinion poll on an enormous scale. The methodology has been the same over many years, which is why the crime survey figures are considered the most reliable.

I was going on to say that even though those ASB figures are going down, whether measured by the crime survey or by police recorded crime, this is a serious issue, as the hon. Lady and Government Members have said. People feel that more needs to be done and that there is too much ASB, and the Government agree with that assessment. That is why, just a few weeks ago, the Government launched their antisocial behaviour action plan, which included £160 million of new additional funding.

Among other things, that extra funding pays for antisocial behaviour hotspot patrols, which will target areas of particular antisocial behaviour. Those hotspots could be in town centres, but they could also be in areas where there is quad biking or trail biking going on. That is being piloted in 10 force areas. I think Lancashire is one of those. I was in Chorley, in Mr Speaker’s constituency, last week, out and about with the very first ASB hotspot patrol in Lancashire. There are going to be 14 other hotspot patrols in Lancashire as it rolls out, as well as in 10 other force areas. In April of next year, every single police force in the country—all 43 of them—will have ASB hotpot patrols funded with over £1 million per force.

We are also funding immediate justice, where those people caught perpetrating antisocial behaviour, including on quad bikes and trail bikes, will within 48 hours be made to do some kind of restorative activity—it could be cleaning graffiti or cleaning up the streets—in branded, high-vis jackets, to make clear to the public and the perpetrators that there are consequences when people commit ASB. Again, there are 10 pilot forces, and by April next year every single police force in the country will have about £1 million each to deliver immediate justice.

The plan has a lot of other elements. It strengthens the provisions in the Anti-social Behaviour, Crime and Policing Act 2014. There will also be a statutory instrument shortly to ban nitrous oxide, which is a driver of ASB and a serious matter.

Sarah Jones Portrait Sarah Jones
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Out of interest, where has the consultation on nitrous oxide got to? The Minister said that the Government are banning it, but have they gone through the process of consultation?

Chris Philp Portrait Chris Philp
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There are a couple of stages. The first was to consult the Advisory Council on the Misuse of Drugs. We commissioned it back in the autumn and it reported in March. It actually advised us not to ban nitrous oxide, but, unusually, we decided to ban it anyway. It is about the fourth time a Government have disregarded its advice. The last Labour Government disregarded it a couple of times, and this Government have disregarded it a couple of times because we thought it was that serious. In a Westminster Hall debate a few months ago, both Conservative and Labour Members raised concerns about nitrous oxide being a driver of antisocial behaviour. It is genuinely the case that that Westminster Hall debate prompted us to get this done. I know that sometimes these debates are not hugely well attended, but they do lead to change, and that is an example of a Westminster Hall debate actually leading to a substantive change.

Having decided to ban nitrous oxide, we consulted on how to go about doing that with the ACMD and others, and we spoke to various stakeholders. We will create some exemptions for legitimate commercial use, because it is genuinely used for catering purposes and semiconductor manufacture. Clearly, if it is being used for a legitimate commercial, technical or scientific purpose, possession is lawful, but personal consumption and supply for the purpose of commercial consumption will be banned under the Misuse of Drugs Act 1971. There is a lot in that antisocial behaviour action plan. The Government are taking this seriously. There is money behind it, and we are determined to clamp down on it.

Off-road bikes, trail bikes and so on are obviously a scourge. We heard hon. Members earlier and more recently talk about that. The police already have powers to deal with this, particularly under section 59 of the Police Reform Act 2002, which confers a power to seize off-road bikes and vehicles if they are used in an antisocial manner. The definition of an antisocial manner is quite broad, but it could include, for example, using the vehicle in a careless and inconsiderate manner contrary to the Road Traffic Act 1988 or in a manner that causes alarm, distress or annoyance to members of the public.

Oral Answers to Questions

Debate between Chris Philp and Sarah Jones
Monday 3rd July 2023

(10 months ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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I agree with the approach that the hon. Lady sets out, and we have already taken action. She asks about long-term plans. She will be aware that the Youth Endowment Fund of £210 million is a 10-year programme, and that violence reduction units—called violence reduction partnerships in some places—have so far received £170 million, and receive funding each and every year, including an allocation this year. The kinds of things that we find work include diversionary activities for young people. In fact, when I asked the chief executive of the YEF what the most effective intervention is, he said that it was cognitive behavioural therapy, which gets used as well. I repeat one statistic that I mentioned earlier: since 2010, violence is down by 41% and criminal damage by 68%.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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A report today found that nearly half of women who experienced or witnessed a crime in the past year chose not to report it because they did not believe that the police would treat it seriously. His Majesty’s inspector, in his latest state of policing report, said that the police were experiencing one of their biggest crises in living memory, there were widespread systematic failings and they were simply not getting the basics right.

Having pushed our British model of policing by consent to the very brink, do the Government take responsibility, do they agree with the inspector that substantial reform is essential, and will they back Labour’s plans to restore neighbourhood policing, halve serious violence and raise confidence in every force—or is the Minister happy to keep twiddling his thumbs while the criminals get away with it?

Chris Philp Portrait Chris Philp
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I must say, in the gentlest terms, that my constituency neighbour has a bit of cheek to talk about reducing crime, given that according to the crime survey, crime levels under the last Labour Government were around double what they are today. [Interruption.] She shakes her head, but that is from the Office for National Statistics, and it is the only statistically recognised long-term measure of crime. If she does not like the ONS figures, she can go and argue with it. She might not like them, but those are the figures.

In relation to the hon. Lady’s serious question about RASSO—rape and serious sexual offences—particularly on women, the proportion being reported is much higher than it was a few years ago, which is welcome. There is a lot more to do, which is why there is a rape review and a rape action plan. My right hon. and learned Friend the Home Secretary and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Derbyshire Dales (Miss Dines), are working hard on that. Operation Soteria Bluestone was fully rolled out at the end of June, just a few days ago, and we have seen a significant increase in the number of relevant charges. They are still too low, and they need to be higher, which is why we have invested in more RASSO specialist officers, and that work is continuing.

Draft Police, Crime, Sentencing and Courts Act 2022 (Extraction of Information from Electronic Devices) (Amendment of Schedule 3) Regulations 2023

Debate between Chris Philp and Sarah Jones
Tuesday 9th May 2023

(12 months ago)

General Committees
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Chris Philp Portrait Chris Philp
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In answer to my hon. Friend, I am afraid that I do not recall the details of the debates at the time. I am not convinced that I was a Minister at the time this went through the Bill Committee, although I may have been—in fact, I may have been a Ministry of Justice Minister, and a Home Office Minister may have taken this through the Committee.

Chris Philp Portrait Chris Philp
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The shadow Minister seems to agree with my recollection. I hesitate to delve into the history of this, but I think it is clear that this simple move is sensible, and I hope it commands the agreement of the whole Committee.

Coronation: Policing of Protests

Debate between Chris Philp and Sarah Jones
Tuesday 9th May 2023

(12 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Minister.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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The coronation of King Charles III involved the largest police effort ever undertaken. I thank the thousands of police officers who ensured that so many people were able to enjoy such a historic occasion without incident. Rightly in our democracy, the police had operational responsibility and had to take decisions at pace and under pressure. Rightly in our democracy, we have scrutiny and accountability where problems arise. Hundreds of people who chose to do so were able to protest. As the Minister stated, some plans to disrupt were foiled, but serious concerns have been raised about some of the arrests.

The six people from Republic were arrested under new powers in the Public Order Act for

“being equipped for locking on”,

which came into force two days before the coronation. They have now been released with no further action, and the Met has expressed regret. The Minister knows that I have warned him and his colleagues repeatedly that the new powers mean that people might be arrested for the wrong thing, such as carrying in their bag a bike lock or, as in this case, some luggage straps. Many former police officers have warned that the powers put the police in a difficult position and risk undermining the notion of policing by consent.

The arrests raise questions that we want answers to. Why did the arresting officers not know or take into account that Republic had been working with the police? Why were those people held for 16 hours? Does the Minister support the Mayor of London’s review, so that Parliament can see the lessons to be learned? Will the Minister ask the inspectorate and the College of Policing to monitor and review the new public order powers and report back to Parliament? Will he support the recommendations in the inspectorate’s report for more specific training on public order for our officers?

This weekend was a celebration, and one that could not have happened without the dedication of our police service. But just as important to our British democracy as our constitutional monarchy is our historic model of policing by consent, trust and our freedom to protest peacefully. It is our job as Members of Parliament to come up with laws that solve problems rather than creating them. I urge the Minister to learn the lessons and take responsibility for protecting that careful balance between the police and the people.

Chris Philp Portrait Chris Philp
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I agree with the shadow Minister that it is important to maintain the balance to which she refers, but as I said in my opening and subsequent responses to the hon. and learned Member for Edinburgh South West (Joanna Cherry), the right to protest was, for those hundreds of people, protected. The protests did happen, and indeed there is no question, in principle or in any legislation, but that the right to peaceful protest is sacrosanct. In recent months, however, we have seen that right being stretched into acts that were deliberately disruptive, when people have sought to close down the M25 and to close down the streets of London, not so much as an act of protest as to deliberately inconvenience the public. That is where we draw the line.

At the weekend, broadly the same test was applied. Peaceful protest is, of course, absolutely fine, but activity that was designed to seriously disrupt the coronation—including potentially causing a stampede of horses or covering the ceremonial procession in paint—was not acceptable. I think we can agree that this was a unique situation. The police had to make very difficult judgments and decisions in a very short time, against an extremely threatening intelligence picture, and the facts were often unclear at the time. I think all of us here should accept that those are difficult decisions. While it is for the police to answer operationally, I think that if they were here, they would say that they acted lawfully at the time to the best of their reasonable belief. However, I do want to put on record that the right to peaceful protest is sacrosanct, and I am sure that no one on either side of the House would ever seek to undermine it.

Public Order Bill

Debate between Chris Philp and Sarah Jones
Chris Philp Portrait The Minister for Crime, Policing and Fire (Chris Philp)
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I beg to move,

That this House disagrees with Lords amendments 6H and 6J.

The Public Order Bill is about giving the police the tools they need to tackle the highly disruptive protest tactics we have seen in recent months, and indeed today, which have blocked ambulances, delayed passengers making important journeys, prevented children from getting to school and patients from getting to hospital, and at times held the capital city to ransom. I do not wish to detain the House for any longer than necessary, because we have debated this Bill numerous times in recent months and it has undoubtedly been given the scrutiny the British people want and expect. It is time for that delay to end and for this Bill to become law.

The other place has once more voted to amend clause 11, the power to stop and search without suspicion—although it is worth saying that that power can only be used if a police officer reasonably believes that certain protest-related offences will happen in the very near future, so it is not a power that can be used wholly arbitrarily. It is most disappointing to see that vote after this elected Chamber disagreed with their Lordships in their last amendments.

As my noble colleague explained in the other place, it is our view that the changes are unnecessary. First, a legal framework already exists for all stop-and-search powers. Under section 3.8 of Police and Criminal Evidence Act 1984 code A, the code of practice for powers to stop and search, police officers have to give their name or identification number, the police station to which they are attached and grounds for every single stop and search, essentially replicating the proposal in their Lordships’ motion 6H. Those criteria are covered in the GOWISELY mnemonic drilled into every police officer.

Secondly, it is our view that the requirement for police forces to establish a charter on the use of powers would cause unnecessary burdens on police forces and officers, something the Opposition have been concerned about throughout this Bill’s passage. Plenty of long-established safeguards already exist for stop-and-search powers. Additionally, we have supported the National Police Chiefs’ Council in its publication of national guidance on the use of body-worn video, which includes encouraging forces to share footage with external scrutiny groups to support transparency and reflective practice and learning.

On reporting on the use of stop-and-search powers, I would like to reassure the House that the Home Office already publishes an annual statistical bulletin, which outlines in detail the information gathered during each stop-and-search incident. That reporting will be conducted for the use of the new stop-and-search powers, both suspicion-led and suspicionless.

Finally, on publishing a statement giving reasons for the use of powers, as the Government reiterated in the other place, we recognise that communication on the use of these powers is a fundamental element of building trust and confidence between a force and the community it serves. The majority of forces, including the Metropolitan Police Service, already communicate their section 60 authorisations, and I know that communities appreciate knowing the details of the geographical area, time limits and justification for the authorisation. Those forces will continue that practice for these new powers.

Nevertheless, as the noble Lord Sharpe of Epsom committed to in the other place, the Government will amend PACE code A to require that, where it is operationally practical to do so, forces must communicate the extent of the area authorised for the suspicionless stop and search, the duration of an order and the reasons for that order. This Government commit to the spirit of what their Lordships are asking for, in their proposed new subsection (9D) of clause 11, through amendments to PACE code A. We will also amend PACE code A to place data collection within the legislative framework. It will include a breakdown of both suspicion-led and suspicionless searches cross referenced with protected characteristics such as age, sex and ethnicity.

I hope that those clear commitments—made in this House and in the other place, and reiterated here today—will satisfy hon. Members. Making changes to PACE code A is the right way to address those issues. The amendments to PACE code A will ensure consistency across all stop-and-search powers and allow for a full and robust consultation with external stakeholders, providing the right balance between tackling disruptive protesters and protecting the rights of each citizen where the powers are used. For those reasons, I hope that the House will agree with the Home Secretary in respectfully disagreeing with their Lordships’ amendments 6H and 6J.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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I rise to speak against the Government’s motion to disagree with Lords amendments 6H and 6J, which we support.

The amendments seek to do two things: first, to instruct officers to give their name, badge number and reason for stopping anyone they search under the new suspicionless stop-and-search powers, and secondly, to compel all police forces to set up a charter—which they would have to consult on, publish and independently evaluate—on the use of their suspicionless stop-and-search powers. To be clear, the amendments have nothing to do with patients not getting to hospital; nothing to do with blocking roads; nothing to do with whether stop and search without suspicion actually takes place. They are to do with the manner in which suspicionless stop and search is conducted.

The amendments are direct recommendations from Louise Casey’s report—although she would go further and apply them to all stop and searches. Baroness Casey’s review of the standards of behaviour and internal culture of the Metropolitan Police Service is a 300-page tour de force. The Home secretary welcomed the review and said:

“Accepting Baroness Casey’s findings is not incompatible with supporting the institution of policing and the vast majority of brave men and women who uphold the highest professional standards.”—[Official Report, 21 March 2023; Vol. 730, c. 165.]

The Prime Minister said:

“There needs to be a change in culture and leadership, and I know that the new Metropolitan commissioner will no doubt reflect on the findings of Louise’s report, but is already making changes and that's right, because what was happening before is simply shocking and unacceptable.”

He is right. Officers right across the Met are desperate to see those improvements put in place and action taken to rebuild the confidence of Londoners.

Labour tabled Lords amendments 6H and 6J to clause 11 to help put into legislation some of the improvements recommended by Baroness Casey, and it is very disappointing and surprising that the Government have tabled a motion to disagree. Clause 11 brings wide-ranging powers for the police to stop and search anyone in the vicinity of a protest, including anyone who happens to be walking through the area. The Government’s proposals risk further damaging the delicate relationship between the police and the public by significantly expanding stop-and-search powers to a protest context.

We agree that stop and search is a really important tool. The Minister has said on many occasions that stop and search is important for looking for weapons, and of course, we absolutely support that. We support suspicionless stop and searches—or section 60s—when serious violence, or terrorism, has occurred. But it is important to reflect that we are talking about using the suspicionless stop-and-search power not for terrorism or serious violence, but for protests—it is about searching for glue, a padlock, a microphone or a speaker. That will not have been agreed by the chief superintendent but by an inspector, because the Government rejected our amendment to make that change. Really, clause 11 should have been removed from the Bill, but we are not here to debate whether we should have suspicionless stop and search because that debate has concluded. Today, we are debating sensible, important changes to the Government’s clause to insert some safeguards into a wide-ranging power and mitigate some of its potential adverse impacts.

Chris Philp Portrait Chris Philp
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Why do the Opposition object to implementing some of the key elements of the Lords amendments in PACE code A, where most regulations relating to this issue already sit? They can be updated relatively easily if necessary, so is not PACE code A the right place to do this? In relation to Louise Casey’s recommendation, she did not specify that these changes should happen in primary legislation. We are doing these things, just in PACE code A.

Chinese Police Stations in UK

Debate between Chris Philp and Sarah Jones
Wednesday 19th April 2023

(1 year ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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My right hon. Friend is absolutely right. Matters of national security should be tackled on a bipartisan, or tripartisan, basis across the House. All democratic political parties in the wider western world, including the United Kingdom, are at risk from inappropriate influence. All of us must work together to combat and exclude that risk, and we should approach these issues in that spirit of cross-party co-operation.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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I am perplexed, and my constituents are very concerned. At the start of November, the Security Minister said in response to an urgent question that there was an investigation and that he would come back to the House as soon as possible to provide a report. He promised to meet me. I have emailed him multiple times and have even texted him, but I have had nothing in response, and now we read that the man in Croydon has links to both the Chinese Communist party and the Conservative party. Was the Security Minister’s failure to respond to me multiple times a discourtesy, or is there something else going on?

Chris Philp Portrait Chris Philp
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That insinuation of party political influence is frankly a disgraceful slur. The hon. Lady is not doing Croydon residents a service by attempting to ask the question in the way that she just did. I do know, because I have asked him, that the Security Minister has never met or encountered the gentleman concerned. He does, however, owe the hon. Lady an update, as I said in response to the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), and I will make sure that the Security Minister meets with both the hon. Lady and the hon. Member for Glasgow Central (Alison Thewliss) extremely quickly to provide an update on this issue.

Machetes: Consultation

Debate between Chris Philp and Sarah Jones
Tuesday 18th April 2023

(1 year ago)

Commons Chamber
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Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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The additional extracts were not in my copy of the statement either. Labour supports measures to ban zombie-style knives and machetes. Knife crime devastates lives and rips families apart, but this is too little, too late—a smokescreen to distract from the Government’s appalling record. Knife crime has risen across the country by 70% since 2015, and the whole country is affected. Since 2011, knife crime has doubled in Lincolnshire, Hertfordshire and Derbyshire. It has trebled in Norfolk, Essex and Sussex, and in Surrey it has risen tenfold. There are serious problems in Swindon, Milton Keynes and Rochdale. With a serious violence strategy that is five years out of date, the Government do not have a plan to tackle knife crime in our towns and suburbs.

The Offensive Weapons Act 2019 was hailed by the then Prime Minister as the big answer to what is a national crisis, but it has not worked. A year and a half ago, I called on the Government to act on getting these knives off the streets entirely, but they have done nothing. Why the delay? We have heard it all before. In 2016, the former Home Secretary pledged a ban on zombie knives. In 2017, the next former Home Secretary pledged another ban on zombie knives. In 2018, the then new Home Secretary pledged another ban. In 2021, the Home Secretary after that promised yet again to ban zombie knives. Now, déjà vu, we are promised yet another ban. The Home Secretary says today that it cannot go on, but it has and it is; it is going on and on. Who on earth do they think has been in power for the past 13 years?

This is personal for me. Just last month, I sat with a grieving mother in Rochdale, traumatised after the murder of her little boy. I have seen the destruction that knife crime causes with my own eyes, and it is getting worse. Total knife crime is up 11% in the past year alone. Knife-enabled rape and knife-enabled threats to kill are at record levels. Knife possession is up 15% on pre-pandemic levels. The Minister said that violent crime is down, but serious violence is up, not down, and that should be his priority.

The proposed ban does not go far enough. It is already an offence to sell knives to under-18s, but the Government have utterly failed to enforce the law. Just last year, a boy was murdered in east London with a knife bought with fake ID. After the Minister’s changes in the consultation, will I still be able to buy a 49-cm sword online? Only swords over 50 cm are banned. Will I still be able to purchase the 40-inch samurai sword for £100 or the 16-inch “Deluxe Rambo First Blood” knife for £40 that I found this morning on knifewarehouse.co.uk? The consultation does not seem to include any of those.

The Government are trying to legislate their way out of a problem caused by their cuts to police—cuts that have left us with 10,000 fewer neighbourhood police and police community support officers on our streets since 2015—and cuts to everywhere from mental health to youth work. Does the Minister think it is okay that adults can buy dangerous banned knives on online marketplaces that come from abroad? There is nothing today to tackle that, and the online harms Bill will not stop that. Does he think that tech execs should be responsible for what is on their sites? Apparently not, because his party opposed Labour’s plans to make technology execs criminally responsible when they consistently fail to remove illegal content. Does he think it is acceptable that knife seizures have collapsed at the border? Why is the serious violence strategy now five years out of date? Why are the Government failing to prevent young people from being drawn into crime in the first place, opposing Labour’s plans to outlaw the criminal exploitation of children and cutting a billion pounds from our youth services?

Is it any wonder that the public have lost faith in this tired Government, who are weak on crime and weak on the causes of crime? The next Labour Government will take action, making it our mission to halve knife crime within 10 years. Labour is the party of law and order now.

Chris Philp Portrait Chris Philp
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I certainly admire the shadow Minister’s sense of humour. Let me pick up some of the points she made. She asked about police numbers. As I have said, the figures that will be released on the 26th will show, I am confident, that we have more police officers than at any time in our country’s history, including more police officers than at any point in the time in office of the last Labour Government.

The shadow Minister asked about crime figures. I will repeat the point I made before: only one dataset is considered reliable by the Office for National Statistics and that is the crime survey of England and Wales. It shows that, since 2010, violent offending has dropped by 38%, criminal damage is down 62%, burglary is down 56%, robbery is down 55% and overall crime, excluding fraud and computer misuse, is down 30%. When will the shadow Home Secretary, who was a Minister in that Government, apologise for the fact that crime was double the level it is now under this Government?

The shadow Minister asked about the changes we are making today. This Government have been progressively tightening the legislation over the years, including the Offensive Weapons Act 2019. We have been continuously reviewing that legislation. Where we find opportunities to make it stronger and more effective in response to Members of the House and the police, we will take those opportunities, and that is what we are now doing. If there are some specific comments on the length of knives, that is exactly what the consultation is designed to capture. I strongly urge the shadow Minister to respond to the consultation. I look forward to receiving the extremely considered and detailed submission that she is no doubt working on already.

Finally, in relation to recent trends in the data, the most reliable source of information on serious violence is hospital admissions where the victim has received a knife wound. Over the past three years, for victims under the age of 25, those have reduced by 24%. There is a lot more to do, but the direction of travel is clearly right and this Government are committed to going even further.

Public Order Bill

Debate between Chris Philp and Sarah Jones
Chris Philp Portrait Chris Philp
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I am not sure I entirely agree. The offence of intentionally or recklessly causing public nuisance is set out in section 78 of the Police, Crime, Sentencing and Courts Act 2022, and I do not accept the characterisation of that offence as simply a minor one. Causing huge inconvenience to other members of the public is not something that this House should treat lightly, particularly as we have seen examples in recent protests of ambulances not getting through, and of people unable to get their children to school or to attend medical appointments. I am not sure I accept that characterisation.

A number of changes have been proposed in Lords amendments 6B to 6F. They first propose a higher level of authorisation for suspicionless searches. By the way, the other place is not disputing the principle; it is simply seeking to change some of the thresholds, one of which would involve changing the authority level in a way that would be inconsistent with the use of searches under section 60 of the Criminal Justice and Public Order Act 1994 in other contexts.

Another change relates to the time periods. As Lord Hogan-Howe, a former commissioner of the Metropolitan police, pointed out, the use of the power has to be practical and reducing the time threshold to just 12 hours would limit the ability of police forces to use these powers in a meaningful way. We should take seriously the opinion of the noble Lord who used to be the Met commissioner.

The changes proposed in the other place would also require a chief superintendent to provide authorisation for this matter, when an inspector is acceptable under the existing section 60. I think that overlooks the urgency and speed with which these protests can unfold, and the speed at which decisions need to be made. It also has potential to cause confusion if there is a different level of seniority here, compared with the well-established section 60.

Finally, the amendments proposed in the other place would set out in statute a requirement for the forces to communicate the geographical extent of an order. The Government recognise that communication of any power is important for understanding and transparency. I am aware that most forces already communicate their section 60 authorisations—I have seen that happen frequently in Croydon and it is gratefully received when it happens. But, for consistency, it is important to keep these new powers as close as we can to existing legislation, although the Government encourage forces to communicate any use of this power, in the way they already do for a section 60 order, where it is operationally beneficial to do so. There is a lot to be said for consistency, which is why I respectfully encourage Members of this House to gently and politely disagree with the other place in their amendments 6B to 6F.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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Stop and search is a crucial tool, as we all agree. Its normal usage is based on intelligence around a crime or a potential crime, based on proper suspicion, and applied for the right reasons. In our country, we use stop and search with suspicion to look for weapons, drugs and stolen property. Under particular circumstances, we use suspicionless stop and search—a section 60, as we call it—to search people without suspicion when a weapon has been used, or where there is good reason to believe there will be a serious violence incident. The Government are introducing suspicionless stop and search for potential protests, an overreach of the law that the police have not asked for and which pushes the balance of rights and responsibilities away from the British public.

Yesterday, we debated Baroness Casey’s report into the Metropolitan police. It is an excoriating report that, among much else, calls for a fundamental reset in how stop and search is used in London. I was pleased to hear the Prime Minister today accept all the findings and recommendations in the report. The report states:

“Racial disparity continues in stop and search in London. This has been repeatedly confirmed in reports and research. Our Review corroborates these findings.”

It is ironic that the day after the report was published the Government are trying to pass laws that risk further damaging the relationship between the police and the public by significantly expanding stop and search powers way beyond sensible limits.

Public Order Bill

Debate between Chris Philp and Sarah Jones
Sarah Jones Portrait Sarah Jones
- Hansard - - - Excerpts

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 Portrait Chris Philp
- View Speech - Hansard - -

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.

Plymouth Shootings

Debate between Chris Philp and Sarah Jones
Tuesday 21st February 2023

(1 year, 2 months ago)

Commons Chamber
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Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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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 Portrait Chris Philp
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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.

Crime and Neighbourhood Policing

Debate between Chris Philp and Sarah Jones
Tuesday 31st January 2023

(1 year, 3 months ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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I do not recognise that calculation around neighbourhood numbers. What I do recognise is the police statistics published last week, which show that we are on the cusp of setting a record number of police officers in this country’s history. I expect that to be confirmed in April, so I look forward to the shadow Home Secretary congratulating the Home Secretary on her accomplishments. By the way, I was rather struck by the amount of time the shadow Home Secretary spent personally and unjustifiably attacking a Home Secretary who has been working so hard to deliver these numbers.

Time is short, but I will respond to one or two points that have been raised. My hon. Friend the Member for Southend West (Anna Firth) made some very good points about knives, such as zombie knives and machetes, which are extremely dangerous. We will shortly to be consulting on banning more of those dangerous weapons to keep our constituents safe.

Sarah Jones Portrait Sarah Jones
- Hansard - - - Excerpts

Will the Minister give way?

Chris Philp Portrait Chris Philp
- Hansard - -

I have very little time. I do apologise, but I must make some progress.

There is clearly more work to be done in relation to serious sexual offences. In the year to June 2022, there were 1,371 prosecutions for rape. The number rose by 15% year on year, but it is still low. More work needs to be done, which is why, by June this year, Operation Soteria will be rolled out across the country.

Let me now respond to the question about police attendance in cases of domestic violence, because it was an important question and it was asked two or three times. According to the authorised professional practice of the College of Policing, police officers should attend every incident of domestic violence unless there is a personal safety reason—to do with the victim—why they should not do so. In some cases it may be more appropriate to deal with the offence confidentially, outside the domestic setting, but that is what the authorised professional practice already says.

There is a great deal of work under way on efficiency. We are working on reforming the Home Office counting rules and the incident reporting rules to remove bureaucratic burdens from the police so that they can be busy chasing criminals rather than filling in excessive paperwork, and I congratulate Chief Constable Rowley on the fantastic work he is doing in that regard. We are also working with our colleagues in the Department of Health and Social Care on ensuring that the NHS and ambulance services do more to alleviate mental health pressures on policing, and I thank Sir Stephen House for the work he is leading in that area.

Questions about police misconduct were asked by the hon. Member for Newport West (Ruth Jones) and others. Next month the College of Policing will set out an expanded set of statutory guidance on vetting. We are checking police officers against the national police database, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services is checking up on the 43 recommendations that it made a couple of months ago, and the Home Office is reviewing the police dismissal procedure to ensure that officers who do commit misconduct can be dismissed more quickly. The hon. Member for Newport West asked about the speed of IOPC investigations. Speaking frankly, I must say that that does concern me, and it is an issue I will be raising with the IOPC.

Let me finally turn to the absurd and extraordinary claim that somehow Labour purports to be the party of law and order. If we look at Labour’s record in office around the country, we will see the truth. We can look at Sadiq Khan, the Mayor of London, closing police stations and presiding over an 11% increase in knife crime year on year. We can look at the west midlands, where the Labour police and crime commissioner, despite having received a 10% real-terms increase in funding in 2015, is proposing to close 20 police stations. The shadow Minister, the hon. Member for Croydon Central (Sarah Jones), talks about antisocial behaviour. We both come from Croydon. She has got a cheek: it was a Labour council in Croydon—a bankrupt Labour council—that scrapped the graffiti cleaning team. Goodness me! And, only a few months ago, we saw Labour Members vote against keeping rapists in prison for longer.

There is only one party of law and order, there is only one party delivering record police numbers and there is only one party that has cut crime by 50% in the last 12 years, and it is the Conservative party.

Independent Cultural Review of London Fire Brigade

Debate between Chris Philp and Sarah Jones
Monday 28th November 2022

(1 year, 5 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Chris Philp Portrait Chris Philp
- View Speech - Hansard - -

My right hon. Friend is right about timeliness; that is one of the reasons why the London Fire Brigade Commissioner has said that he will be outsourcing the handling of complaints: to make sure that they are dealt with faster. Things work a bit differently at the police force, but there is an issue with timeliness. A number of police officers, including both the Commissioner and Deputy Commissioner of the Metropolitan Police have raised the issue with me as well. We are looking at a number of ways of speeding up the process, including potentially through legislation. I completely recognise what my right hon. Friend has said and we are actively working on that at the moment.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
- View Speech - Hansard - - - Excerpts

Here we have an urgent question on shocking standards in the fire service, and we have a statement later on appalling conditions in Manston. The Home Secretary is not here for either of those—why not? Where is she?

The report is grim: firefighters huddled around a screen watching porn; putting bacon in the sandwich of a Muslim colleague; and hanging a noose around the locker of a black co-worker—a pack mentality and systematic failure to stamp it out. Some 2,000 firefighters in London have told their story, thanks in large part to Linda Francois, the mother of Jaden, who tragically lost his own life. She campaigned for this report, and we welcome the immediate action that Andy Roe, the commissioner, is taking.

However, these shocking findings are not news to anyone. The Government have been put on notice time and again about cultural failings in our fire service. In 2015, an independent review in Essex found dangerous and pervasive bullying; in 2018, the inspectorate found failings in culture, values and the grievance process; in 2019 the inspectorate warned of an unchecked, toxic culture in many services; and in 2021, it found that change was urgently needed.

What was the Government’s response? It was a haemorrhaging of the budget on training, ignoring the warnings from the inspectorate and playing politics with our fire service. We have repeatedly said that when it comes to police failures we have had enough of the Home Office sitting back and leaving things to individual forces. Will the Minister immediately commission a fundamental review of national standards and culture in our fire service? Will he agree, now, to publishing national statistics on misconduct and will he today commit to national professional standards?

There were 11,000 fires across London alone last year. Our brave firefighters run into danger every day. We must expect the best from all of them and stamp out this culture of misogyny and racism. The Government must end their complacency and act.

Chris Philp Portrait Chris Philp
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I assure the hon. Lady that there is not any complacency. She should be aware—I am sure she is—of the White Paper published just a few months ago setting out a range of measures to tackle shocking cultural issues such as those we have heard discussed this afternoon.

The hon. Lady asked about national standards. As I said in my opening comments, the Fire Standards Board is in the process of publishing a number of standards that will be publicly available and that we will expect fire services to abide by. Those, of course, will be inspected against. She asked about issues outside the London Fire Brigade. I agree that those need attention, and we will be discussing with His Majesty’s inspectorate of constabulary and fire and rescue services what work it can do to look at behavioural and cultural issues such as these across the whole country.

Obviously, we will respond to the White Paper consultation shortly. In the meantime, we will of course be working with Commissioner Andy Roe, who I spoke to on Friday, about the issue. As the report relates to London, I will also be in touch with the Mayor of London, Sadiq Khan, who of course has responsibility for oversight of the London Fire Brigade.

Police Service: HMI Report

Debate between Chris Philp and Sarah Jones
Thursday 3rd November 2022

(1 year, 6 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
- View Speech - Hansard - - - Excerpts

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on His Majesty’s inspectorate’s report on vetting, misconduct and misogyny in the police service.

Chris Philp Portrait The Minister of State, Home Department (Chris Philp)
- View Speech - Hansard - -

I thank my constituency neighbour, the hon. Member for Croydon Central (Sarah Jones), the shadow Minister, for her question on this extremely important topic. The report published yesterday by His Majesty’s inspectorate of constabulary and fire and rescue services makes for deeply troubling reading. The inspection was commissioned by the previous Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), following the horrific murder of Sarah Everard by a then serving officer, as well as the emergence of wider concerns about policing culture.

The report concludes that it has been far

“too easy for the wrong people both to join and to stay in the police.”

The inspectorate found that on too many occasions vetting was not thorough enough and that in some cases it was inadequate. The Government take the view, as I am sure Members from across the House do, that that is unacceptable. It is particularly unacceptable and disappointing to hear about these vetting failures given that the Government have provided very substantial additional funding to fund the extra 20,000 police officers and additional resources for the police more widely.

The inspectorate concluded that, although the culture has improved in recent years, misogyny, sexism and predatory behaviour towards female officers and staff members “still exists” and is too high in many forces. That is shameful and must act as a wake-up call. That sort of disgraceful conduct undermines the work of the thousands—the vast majority—of decent, hard-working police officers who perform their duties with the utmost professionalism. More damagingly, it undermines public trust. This matters a great deal to all of us, which is why my right hon. and learned Friend the Home Secretary has made it clear that things must change.

Since the report was published yesterday, we have been studying it carefully; this has been my first week in this position, but I have been studying it carefully. It contains 43 recommendations: three for the National Police Chiefs’ Council; nine for the College of Policing; 28 for chief constables and three for the Home Office. The Home Office will most certainly be implementing those three recommendations. The NPCC said in a statement yesterday that it expects police to act on their recommendations urgently. That is most certainly my expectation as well: all of these recommendations will be acted on as a matter of urgency.

We should keep it in mind that the vast majority of police officers are hard-working and dedicated. They put themselves at risk to keep us safe, and we should pay tribute to the work that the vast majority of officers do on our behalf. The report has uncovered obviously unacceptable behaviour and we expect the recommendations to be implemented urgently.

Sarah Jones Portrait Sarah Jones
- View Speech - Hansard - - - Excerpts

I welcome the Minister to his place. However, I have to say that I am disappointed that the Government are not taking more responsibility and leading from the front following such a grim report.

Yesterday’s report is 160 pages of failure—failure to bar the wrong people from joining the police; failure to get rid of them; failure to protect female staff and officers, and failure to protect the public. A lack of proper action to root out racism, misogyny and serious misconduct means that some communities do not trust the police.

This is by no means the first time that serious failings and horrific examples of unacceptable behaviour have been exposed. After the murder of Sarah Everard by a serving officer, the Opposition came to this place and called for change. After the horrific murders of Bibaa Henry and Nicole Smallman, we came to this place and called for leadership. After the shameful case of Child Q, we came to this place and called for reform. After the shocking Charing Cross station report, we came to this place and demanded action. After the Stephen Port inquiry, we came to this place and called for reform. If the Government had acted and led from the front, we could have stopped people being harmed. Leadership must come from the top.

Yesterday, we learned that Metropolitan police officers had been sentenced to prison after sharing racist, homo- phobic and misogynistic WhatsApp messages. For years, there had been warnings—for example, from the independent inspectorate—about serious problems in the police misconduct system, including long delays, lack of disciplinary action, disturbing and systematic racial disparities and lack of monitoring.

We have heard anecdotal evidence of forces expediting the vetting process to meet the Government’s recruitment targets. What does the Minister know about that? What is he doing to ensure that it does not happen? Will the Minister confirm that the roles of police staff, who do a lot of the vetting work and have been subject to cuts, will be protected so that forces can introduce the right systems? Will the Minister follow Labour’s lead and introduce mandatory safeguards and professional standards, led from the top, into every police force in the country to keep everybody safe?

Chris Philp Portrait Chris Philp
- View Speech - Hansard - -

I thank the hon. Lady for her initial remarks and for her questions.

The Government have taken action. Indeed, the report we are debating was commissioned by the former Home Secretary directly in response to the issues that were raised. The fact that those issues have seen the light of day is thanks to that Government response. The Angiolini inquiry is also under way for exactly the same reason. We work closely with operational policing colleagues to ensure that the issues are properly addressed. I discussed the issues with Mark Rowley, the Metropolitan Police Commissioner, a few days ago, before the report was published.

As for ensuring that there are adequate resources for vetting and related purposes, the spending review settlement that the police currently receive has meant an additional £3.5 billion since 2019 over the three years of the police uplift programme, not just to pay the salaries of extra police officers but to provide the support and resources required to ensure that they are properly trained and integrated.

The hon. Lady was right to ask about professional standards, which are extremely important. In 2017, national vetting standards were set out in statutory guidance, which the College of Policing published. The report recommends updating some elements of that. Misconduct procedures are set out in statute. We expect the recommendations about improving those areas to be implemented, and we expect police forces around the country to ensure that the report’s recommendations are fully implemented.

Police, Crime, Sentencing and Courts Bill (Twentieth sitting)

Debate between Chris Philp and Sarah Jones
Chris Philp Portrait The Parliamentary Under-Secretary of State for Justice (Chris Philp)
- Hansard - -

I thank the shadow Minister, my constituency neighbour, for introducing these new clauses. I join her in paying tribute to the retail workers and others who have kept our country going over the past 12 to 18 months, often in difficult circumstances. I know that we are all very grateful for what they and others have done. I have a great deal of sympathy for retail workers. My first regular paid job was in Sainsbury’s at West Wickham, which the shadow Minister will know is a short distance from the boundary of her constituency.

We take the issue seriously and, as the shadow Minister said, we had a Westminster Hall debate on this topic three or four weeks ago, when a number of Members described various forms of abuse and assault that their constituents had suffered. Most of the assaults given as examples would have been charged not as common assault with a maximum sentence of six months, but as a more serious form of assault—for example, assault occasioning actual bodily harm, which carries a maximum sentence not of a year, as per the new clause, but of five years. Indeed, in more serious cases involving knives and so on where people are convicted of grievous bodily harm with intent to commit grievous bodily harm, the maximum sentence is not a year, as per the new clause, but life.

There are a number of criminal offences on the statute book that cater for the serious offences described graphically in that Westminster Hall debate. In such cases, a charge should be laid and a higher sentence—higher even than that contemplated by the new clause—could and should be given.

There is also the question of whether current law adequately recognises retail workers and other public workers when a sentence is being passed. The law already recognises that such people are to be treated somewhat differently if the victim is, for example, working in a shop, and the sentencing guidelines, which the shadow Minister mentioned and which were updated a few weeks ago, make it clear that if there are aggravating factors the sentence passed will be longer than it otherwise would be. The fourth aggravating factor on the list is an

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

That would obviously include retail workers, transport workers and others.

Not only do we have offences on the statute book already—many of which have much longer maximum sentences than the maximum called for by the new clause, such as five years for actual bodily harm—but the fact that the victim was providing a service to the public already represents an aggravating factor that leads to a longer sentence.

On particular things that have happened during covid, the case of Belly Mujinga, which the shadow Minister mentioned, occurred at Victoria station. I think Belly Mujinga worked for Southern Railway, which is the company that serves our two constituencies. The new Sentencing Council guidelines published a few weeks ago incorporated some revisions, which I think help. There is a new aggravating factor of deliberate spitting or coughing. A new factor—

“Intention to cause fear of serious harm, including disease transmission”—

increases culpability, which increases the sentence.

Therefore, if that person’s action—this would apply to a case such as that of Belly Mujinga—included such an intention, that is taken to increase the culpability of the offender. Those changes were made to the sentencing guidelines a few weeks ago, so we have offences on the statute book with long maximums such as five years, or life for GBH with intent. We have aggravating factors that apply in respect of retail workers, and indeed other people serving the public. We have new sentencing guidelines, which speak to things such as spitting and causing fear of serious harm in relation to transmissible diseases.

Is there a problem? Yes, there is, but I do not think that it is with the sentences; it is with the reporting and the prosecutions. Shockingly, in a survey prepared for the Home Affairs Committee that I think the shadow Minister has seen—I referred to it in our Westminster Hall debate—of the 8,742 shop workers responding who had been victims of this sort of crime, only 53% reported the offence to the police. Half the victims did not even report it, so we need to do a lot more to make sure that victims report this crime.

Sarah Jones Portrait Sarah Jones
- Hansard - - - Excerpts

The Minister is making the arguments that I thought he would. They are perfectly reasonable, but I come back to him on the point that one of the problems is the tiny proportion of prosecutions and another is the huge increase in assaults against all these groups of people. He makes the point that a lot of people do not report these crimes, but Parliament and the Government could send a strong message, as the Government did with war memorials: they said that they were not necessarily expecting lots of prosecutions, but they wanted to send a strong message to the public about the importance of memorials.

For Parliament to send a strong message would be a really powerful way of encouraging shop workers to report these crimes. Although sentencing guidance is important, I do not think that the public know about it or would be able to tell us that it was changed a few weeks ago, whereas making it clear that this is something we want to set out in law would send a message to all those people who do not report these crimes. It might help.

Chris Philp Portrait Chris Philp
- Hansard - -

I think the sentencing guidelines are important. Addressing coughing, spitting and causing fear of infectious disease transmission is important, as is the recognition that public sector workers and people providing a service to the public get in the sentencing guidelines. The shadow Minister says that they are not important; I think they are, because they are what the judge looks at, day in, day out, when deciding what sentence to hand down.

When it comes to getting more incidents reported, investigated and then prosecuted, we first need to look at why people are not reporting them. Again, the survey sheds light—3,444 people replied to this question. The top reason for not reporting the offence, cited by more than a third of respondents, was

“I did not believe the employer would do anything about it”.

Shockingly, the second was

“I believed it was just part of the job”,

which of course it is not; the third was

“I considered the incident too minor”;

and the fourth was

“I did not believe the police would do anything about it”.

Clearly there is a perception issue around this crime that we need to sort out. The Minister for Crime and Policing is leading a taskforce designed, first, to get employers to better support their employees when it happens. Although 87% of people—almost all—tell their employer, only 53% report it to the police. I infer by subtracting one number from the other that in 34% of cases, employers who know about the crime are not supporting their employees to report it to the police. Employers need to do more. To be honest, I think that the police will be doing more in this area as well, guided and encouraged by the taskforce that the Minister for Crime and Policing is running. We have the laws and we have the aggravating factors, but we need more reporting and more investigation, and there is a taskforce dedicated to doing that.

Let me make a couple of specific comments on new clause 45—the retail worker clause—and new clause 46, which would add health and social care workers and transport workers, who of course are very important but are also protected under the Sentencing Council guidelines because they are both in the public sector and providing a service to the public. Even taken together, the two new clauses arguably have some omissions. For example, teachers—who I would say deserve no less protection than the other groups—are not mentioned at all; nor are people who serve their communities doing refuse collection or work in parks. All kinds of other workers who serve the public or work in the public sector, and who are equally deserving of protection, are not mentioned in the new clauses, but all those people are rightly covered by the Sentencing Council guidelines.

There is more work to do, which the taskforce is doing. We need retail employers to support their staff much more, and we need the taskforce to do its work of increasing reporting and prosecutions, but the offences are on the statute book already, with maximum sentences of five years —or even life, for GBH with intent. The aggravating factors are there, so let us get these crimes reported and get them prosecuted. That is how we will protect retail workers.

Police, Crime, Sentencing and Courts Bill (Eighth sitting)

Debate between Chris Philp and Sarah Jones
Sarah Jones Portrait Sarah Jones
- Hansard - - - Excerpts

The Opposition support these clauses, for exactly the reasons the Minister has outlined. The case of Keith Bennett was incredibly awful. Today we saw the news about the ongoing search for remains in a Gloucester café. Mary Bastholm was 15 when she went missing in 1968. She is a suspected victim of Fred West. That search, for various legal reasons, was able to go ahead. Unfortunately, the police have today said that they have not found any human remains, so for Mary’s family the ordeal goes on, to try and get some kind of closure. However, for that family at least we were able to look for remains, but in the case of Keith Bennett the law did not allow the police to look. Therefore, it is absolutely right that we correct the law.

Question put and agreed to.

Clause 50 accordingly ordered to stand part of the Bill.

Clause 51 ordered to stand part of the Bill.

Schedule 6 agreed to.

Clause 52 ordered to stand part of the Bill.

Clause 53

Functions of prisoner custody officers in relation to live link hearings

Chris Philp Portrait Chris Philp
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I beg to move amendment 64, in clause 53, page 44, line 33, leave out “and (4)” and insert “to (4A)”.

This amendment and Amendments 65 to 67 ensure that the references to live audio links and live video links in clause 53(3) are consistent with the provisions made about live links in clause 168 of, and Part 3 of Schedule 19 to, the Bill.

Police, Crime, Sentencing and Courts Bill (Fourth sitting)

Debate between Chris Philp and Sarah Jones
Sarah Jones Portrait Sarah Jones
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Thank you.

Chris Philp Portrait Chris Philp
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Q Jonathan, I will come to you first. A few minutes ago you were talking about the measures whereby a prisoner who becomes dangerous—or who might have become dangerous—can serve more of their sentence in prison, and you drew comparisons with powers exercised by previous Home Secretaries to set tariffs for live sentences. Is it right that you were making that comparison?

Dr Bild: Yes.

Oral Answers to Questions

Debate between Chris Philp and Sarah Jones
Tuesday 14th January 2020

(4 years, 3 months ago)

Commons Chamber
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Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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When the Prime Minister was Mayor of London, the number of stop and searches steadily declined, but they became more effective and intelligence-led. As a result, the arrest rate significantly increased. Now that the Prime Minister has decided to increase stop and search, the reverse has happened. They are less intelligence-led, and arrest rates are declining. Does the Secretary of State agree with me and with the all-party parliamentary group on knife crime that stop and search is an important tool, but it is not the only answer, and that a long-term public health approach that puts prevention at the heart of policing is the way to tackle knife crime?

Chris Philp Portrait Chris Philp
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I agree that stop and search is a vital part of our fight against knife crime. When the use of stop and search was dramatically reduced between about 2014 and 2018, we saw a reduction in the number of convictions and, shortly afterwards, an increase in the number of offences. Leading police and crime commissioners, including Jane Kennedy, the former Labour MP and Minister who is now the police and crime commissioner in Merseyside, have said that the fair and effective use of stop and search remains one of the most powerful tools that the police have at their disposal. With body-worn cameras now in use, some of the issues to do with communities feeling disrespected have been largely addressed. However, this is only part of the battle against knife crime, as the hon. Lady says, and I pay tribute to her work as chair of the knife crime APPG. Preventive work and work in schools are important as well.