Crime and Policing Bill Debate

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Department: Home Office
Iain Duncan Smith Portrait Sir Iain Duncan Smith
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I am all in favour of public campaigns and I agree with the hon. Gentleman that it would be a very good idea for people to know that what they were buying was illegal. I suspect many of them already do so. That notwithstanding, if such a campaign could be backed up by a penalty for selling illegal bikes in shops, that would be a far better way of dealing with it. Right now, lots of kids do not know that the bikes are illegal, and they go and take these things and they can pay for them, and that is where the danger comes from. We are shutting the door too late. These kids have gone on to the roads, they have created an accident and they have killed themselves. That is too late for us. What we need to do is get ahead of this and try to figure it out completely.

The final bit of this issue is the fact that people can change the monitors inside the boxes, even on the legal bikes, and lots of them do so. We see them going down the road at 30 mph, which is incredibly dangerous. I am a motorcyclist, I have to say, but Members should not go looking for the leather jacket; I left it at home.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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Don’t get excited—it’s not that great!

Motorcyclists have to be tested even more than car drivers. There are balancing tests and they have to know everything like that. This is absolutely critical, because it is a slightly more dangerous mode of transport—more exciting, yes, but more dangerous. Someone cannot buy a motorcycle in a shop and take it away unless they are able to show their licence and that they are qualified to ride that bike, and that really requires instruction, but people can buy e-bikes—these electric vehicles—without any sort of licence. It seems bizarre that that should be allowed. Even though we want people not to use petrol, diesel and all the rest of it because of the environment, this goes beyond that.

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Kirith Entwistle Portrait Kirith Entwistle (Bolton North East) (Lab)
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I rise to speak to new clause 44, otherwise known as Banaz’s law, tabled in my name and in memory of Banaz Mahmod. I am grateful for the cross-party support that I have received for the new clause from 54 Labour, Conservative and Liberal Democrat Members and for the opportunity to continue the work of my hon. Friend the Member for Birmingham Yardley (Jess Phillips), and the last Women and Equalities Committee; I am proud to be a member of the Committee.

Banaz was a young woman from south London. In 2006, she was murdered by her father, her uncle and five male cousins in a so-called honour killing. Her crime, in their eyes, was to leave an abusive husband, whom she had bravely reported for rape and violence, and to seek love with a man of her own choosing. Believing she had brought shame and dishonour upon the family, they convened what they chillingly called a council of war and plotted her death. Banaz’s body was found months later buried in a suitcase in a back garden in Birmingham.

This horrific injustice did not begin with her murder, however. Banaz went to the police five times. She reported rape, she named her abusers, she predicted her own death and still her cries for help were dismissed. An investigation by the Independent Police Complaints Commission into the police handling of Banaz’s case later found multiple serious failings. This was not only a family crime; it was a community crime. Police estimated that as many as 50 men were involved in plotting the murder, covering it up or encouraging this honour narrative. Banaz’s uncle called her death “justice”. Others called him a hero.

Banaz’s case is not unique. Shafilea Ahmed, Somaiya Begum, Raneem Oudeh, Khaola Saleem and Fawziyah Javed were all women subjected to honour-based abuse. The Domestic Abuse Commissioner estimates that at least 12 honour killings take place in the UK every year. More than 7,000 incidents of honour-based abuse are recorded annually, but the true scale is almost certainly greater.

While I fully support the important steps this Bill takes to tackle violence against women and girls, I am concerned by its insufficient focus on honour-based abuse and I am grateful to the Minister for Victims, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), for taking the time to meet me. However, I must stress that subsuming honour-based abuse within extant law does not adequately contend with these issues and is not sufficiently capable of yielding the change promised by Banaz’s law.

My new clause calls for honour-based abuse to be recognised in law as an aggravating factor in sentencing. It also calls for victim-survivors who act in self-defence or under coercion after years of abuse to have that context recognised as a mitigating factor. With this new clause, statutory guidance across the criminal justice system could be given so that police, prosecutors and courts could be trained to recognise and respond to this high-risk, often collective, form of abuse.

I want to pay tribute to the Bekhal Mahmod, Banaz’s sister. Her courage and the tireless work of Southall Black Sisters have brought us to this point. I will not be pressing my new clause to a vote today, but I hope that Ministers will take this opportunity to reflect on the need to take further action against all forms of honour-based abuse, because the need for reform is undeniable.

Esther McVey Portrait Esther McVey
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Will the hon. Lady give way?

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. I think the hon. Member for Bolton North East (Kirith Entwistle) just ran out of time. I remember that I too raised Banaz’s case as a Back Bencher.

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Michael Wheeler Portrait Michael Wheeler
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I welcome my hon. Friend’s intervention, but I do not need to interrupt my speech, because I am about to deal with exactly that point. New clause 48 would create a specific offence along similar lines to cover delivery workers, which is incredibly welcome. These workers deserve protection just as much as in-store staff. They, too, are required to enforce the law and conduct age checks, and this Bill places additional requirements on them regarding the delivery of knives. But unlike in-store staff, they carry out their work without the safety net of colleagues, security or familiar surroundings. As is the case in Scotland following the passage of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021, home delivery drivers must be included. It is only right that delivery workers in England and Wales receive equal protection, which must not stop at the shop door.

We should never underestimate the important contributions of retail workers. They serve our communities, bring essentials to our doors and keep the nation fed. Without them, the country would grind to a halt. New clause 48 provides the opportunity to give retail workers the protection they so obviously deserve, and I urge hon. Members to take that opportunity and to send a clear message from this place that abuse is not part of the job.

Esther McVey Portrait Esther McVey
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I rise to support new clause 144, in the name of my hon. Friend the Member for Stockton West (Matt Vickers). On Monday, the Government hastily came to the House to deliver yet another U-turn and to announce a national inquiry into rape gangs. It is apparent that this U-turn was forced on them, because whenever any member of the public or Member of Parliament said that they wanted a national inquiry, the response from the Government was that they were “far right”, “jumping on a bandwagon” or even blowing a “dog whistle”—those were the words used by Ministers on the Front Bench.

This was a hasty U-turn. In fact, those on the Government Front Bench were somewhat taken aback, as it appears that the Prime Minister had appointed Baroness Casey of Blackstock in the hope that the whole thing would go away and that the inquiry would not happen. She said that she changed her mind because of the weight of evidence that confronted her. Her words were, “I think I have surprised people in Downing Street and beyond.” She did, and the clincher was that the local inquiries were inadequate, because local authorities could decide whether they were going to commission an inquiry and the Government would not intervene. She also said that of the five local inquiries, only one came forward—that was in Oldham. There was reluctance from local areas to face up to the facts and to accept their failings. Denial ran through absolutely everything.

Denial is like a poisonous thread: it weaves its way through all public bodies, strangles the truth and stops justice coming forward. It is essential that an investigation is held into all the failings of the police, local authorities, prosecutors, charities and political parties. The Prime Minister himself was in denial until Saturday, when the U-turn was forced upon him. He often brandishes his credentials as the former director of public prosecutions, and in 2014 he penned an article for the Guardian in which he acknowledged that there were at least 1,400 victims, but he did nothing until the U-turn was forced upon him.

We need to ask questions about the statutory inquiry, because the public need to know the answers. Who will chair the inquiry? What type of inquiry will it be? It already seems to have been watered down. Will it be independent, a national inquiry or, as it now seems, a national commission? What are the terms of reference? It is not good enough to say that we will hear “in due course”. What are the inquiry’s powers? That is unclear. Will there be judicial powers to subpoena people to give evidence?

Iqbal Mohamed Portrait Iqbal Mohamed
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I welcome the inquiry and the investigation into who was responsible for helping this scourge to continue unabated, but does the right hon. Lady agree that the 20 recommendations of the Jay review urgently need to be implemented and that the inquiry should not delay the implementation of those recommendations?

Esther McVey Portrait Esther McVey
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The inquiry should not delay that, but the inquiry needs to be done with speed and haste, not be watered down and not brushed under the carpet, because it is essential that the victims’ voices are heard and that they have justice.

The House also needs assurance there will be no exemptions from prosecution in exchange for evidence. It needs to know if witnesses can be compelled to produce documents protected by public interest immunity. When will that happen? It is not good enough that the Home Secretary was saying that it would be three years away, close to a general election. It needs to be done as soon as possible. I also wonder why it will be a statutory inquiry, not a criminal inquiry. Is it because a criminal inquiry can lead to arrest, charges and criminal prosecutions, whereas a statutory inquiry tends to make a series of recommendations to then be acted on? At the end of this inquiry, will we see prosecutions? Will we see deportations?

Time and again, we heard that community cohesion was put above working-class girls. That cannot ever happen again. That issues were not investigated for fear of people being labelled racist cannot ever happen again. If somebody does wrong, the colour of their skin or their religion do not matter: they have done wrong. If they have committed a criminal act it is right that they are brought to justice. This Government will not get away with a watered-down national inquiry. They have been dragged kicking and screaming to deliver a national inquiry. That national inquiry needs to be delivered.

Jacob Collier Portrait Jacob Collier (Burton and Uttoxeter) (Lab)
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I rise to speak in strong support of new clause 122, tabled by my hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor). I am proud to be the first signatory to it, as I believe it represents a vital step forward in the protection of some of the most marginalised people in our society.

New clause 122 would amend the Crime and Policing Bill to create aggravated offences where the underlying crime is motivated by hostility because of a person’s sexual orientation, transgender identity, disability or perceived identity. It would align the legal treatment of those forms of hate with the framework that already exists for racially and religiously aggravated offences. It delivers on a promise, a promise that we in the Labour party made in our manifesto to the British people: that we would act to close the gap in our hate crime laws and provide equal protection to LGBT+ people and disabled people in the criminal justice system. It is about living up to our values. Labour is the party of equality, fairness before the law and standing with those whose voices have too often been ignored. That is why I joined the Labour party and this amendment is rooted in that tradition.

It is also fitting that we are tabling this new clause in Pride Month and in the wake of the Supreme Court ruling which has caused so much anguish among the trans community. We know the scale of the problem. Hate crimes based on sexual orientation have risen by 112% over the last five years. Against trans people, that figure is 186%. The charity Galop, which supports LGBT+ victims of abuse, saw a 60% increase in referrals in the last year alone. In the year ending March 2024, 11,719 disability hate crime incidents were reported. Shamefully, just 1% of that hate crime involving violence resulted in a charge.

And yet, still, the majority of incidents go unreported. Too many victims still believe the system is not on their side. New clause 122 gives us the opportunity to change that. It would give police and prosecutors a clearer route to charge and convict offenders in a way that truly reflects the nature of these crimes. I know what it means to think twice about how you walk down a street, to pause before holding someone’s hand, and to wonder whether that shout from across the road is something that you can ignore or that you cannot afford to ignore. And I know I am not alone in that. I have spoken to my constituents and to people from far beyond, who tell me they do not feel safe reporting hate when it happens. They do not believe they will be taken seriously. There is a profound failure of trust, one that we in this House have a duty to repair.

This is also about dignity. It is about recognising that, whether you are a trans teenager being punched in a park, a gay couple being spat at on the tube, or a disabled man being harassed on his way to work, all people deserve the full protection of the law. They deserve to know that this country is on their side, and that if they are targeted for who they are, justice will not look the other way. New clause 122 would provide vital protection for disabled people, who remain far too invisible in the public conversation around hate crime despite facing damaging harassment, violence and abuse every single day.

This change is recommended by the Law Commission and supported by Stonewall, Galop and Disability Rights UK. I am proud that it is backed by 104 right hon. and hon. Members across the House. People are simply asking to live their lives in peace and have the right support when things go wrong. I hope we can take a step forward in advancing LGBT+ rights and disability rights today.

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Diana Johnson Portrait Dame Diana Johnson
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I am going to keep going, because I am conscious that I do not have much time.

To reiterate to the shadow Minister what I said in Committee, my right hon. Friend the Home Secretary has been clear that a consistent and common-sense approach must be taken with non-crime hate incidents. Accordingly, it has been agreed with the National Police Chiefs’ Council and the College of Policing that they will conduct a review of this area. I say to the shadow Minister that it was the shadow Home Secretary, when he was the Policing Minister, who introduced the current code of practice and police guidance on non-crime hate incidents. He said:

“The Government fully recognises 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.”

It seems odd that he said that the approach was right at that stage, but now he wants to scrap it.

On new clause 144, I was disappointed that the right hon. Member for Tatton (Esther McVey) seemed to have missed the announcement made by the Home Secretary on Monday, which answered a number of her questions. The shadow Minister did not seem to be aware of the announcement either. Using existing legislation in the Inquiries Act 2005, the independent commission will be set up under a national inquiry with full powers to compel individuals to testify, with the aim of holding institutions to account for current and historic failures in their response to group-based child sexual exploitation. The Home Secretary was clear that she is accepting all the recommendations from Baroness Casey.

Esther McVey Portrait Esther McVey
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On that point, will the Minister give way?

Diana Johnson Portrait Dame Diana Johnson
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No, I am going to carry on.

The hon. Member for Hazel Grove (Lisa Smart) mentioned new clauses 87 and 88. This Government have been clear that water companies must accelerate action to reduce pollution to the environment. The Water (Special Measures) Act, which received Royal Assent earlier this year, significantly strengthens the power of the regulators and delivers on the Government’s commitment to put failing water companies under special measures. Among other measures, the Act introduced automatic penalties on polluters and banned bonuses for water company executives if they fail to meet adequate standards.

Esther McVey Portrait Esther McVey
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On that point, will the Minister give way?

Diana Johnson Portrait Dame Diana Johnson
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No.

On new clauses 85 and 86 about neighbourhood policing, it is clear that this Government are starting to implement our neighbourhood policing guarantee.

On new clause 13, introduced by my hon. Friend the Member for Liverpool Riverside (Kim Johnson), the Government recognise the serious consequences that can result from joint enterprise convictions. However, joint enterprise ensures that those who act together in committing a crime are all held responsible. We saw that in the cases of Ben Kinsella and Garry Newlove, as well as many others. We are aware of the concerns raised by my hon. Friend and we will continue to look at that.

I apologise to right hon. and hon. Members for not being able to get through all 100 amendments that were tabled. I also need to leave time for the person whose new clause leads the group to respond.