Police Officer Safety

James Berry Excerpts

Wednesday 2nd November 2016 Commons Chamber

[James Berry (Kingston and Surbiton) (Con)]

I rise to support the Government’s amendment, and in doing so I mean no disrespect to the hon. Member for Halifax (Holly Lynch), who is a good person leading a good campaign on police officer safety. As a barrister, I have represented numerous police officers in courts and tribunals, which has brought me into contact with many police officers and cases where they have done work in exceptionally challenging circumstances, day in, day out. Since becoming an MP, I have focused my work with the police in Kingston, and I wish to put on the record my thanks to the Metropolitan police officers there, led by borough commander Glenn Tunstall. They do an amazing job keeping us safe, day in, day out, and this year Kingston became London’s safest borough. We are not as good as we should be at publicising the everyday heroism and excellence of our police officers, which I saw when I went on a ride-along with PCs Donna Hatton and Sarah Skultety, two fine officers who are a credit to policing.

Police officers volunteer to do a fundamentally dangerous job—to walk towards danger where most of us would run away—but they are entitled to have the best protection possible, through kit, training and legislation, and through the full weight of the law being felt by those who assault them.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Kent police and our excellent police commissioner have ensured that all police officers have body-worn cameras to ensure that their safety is taken into account and that those who commit the crimes we are talking about are brought to account. As a result, the number of complaints against the police has also been cut. Does my hon. Friend think all police forces should do that?

[James Berry]

I most certainly do; this is a matter for local police and crime commissioners, but there has been a reduction in the number of complaints against the police when body-worn cameras have been used, because people know that they cannot try it on when there is evidence. These cameras also provide fantastic evidence in court when a police officer is assaulted. There has been a big improvement in the personal protective equipment available for the police, although there has been an issue with procurement, which I am glad the Home Office is looking at. When I see people from the Police Federation, one issue they raise is that officers want to be armed more routinely with Tasers, so that they can protect themselves. There is sometimes a misunderstanding about Tasers, as they are not non-lethal weapons, but less-lethal weapons. Unfortunately, people have died after being tasered, but Tasers are to be used only where the officer faces a lethal threat.

Another piece of police protective equipment that has been in the press recently is the spit guard. It is clear to me that if an officer faces being spat at in the face, they should be able, where appropriate, to use a spit guard. Liberty describes spit guards as “primitive, cruel and degrading”, but what I think is primitive and degrading is a police officer being spat at in the face. Perhaps the hon. Member for Halifax would like to send a copy of the Hansard report of her speech to the Mayor of London, who seems to have the same problem that Liberty has with spit guards.

The quality of training is another issue that police officers raise with me. Our police officers want to do a first-class job, and to do that they need first-class training so that they can do their job safely and well. I see an increased role here for the College of Policing, which currently validates training. That role would include registering officers who work in specialist areas, and providing syllabuses, validation and re-validation. I hope that that will be done under the banner of a royal college of policing, so that our professional police officers have the professional badge that many others working in professions have.

[Gloria De Piero (Ashfield) (Lab)]

Police officers also raise the issue of police numbers. Does the hon. Gentleman think the last Labour Government were wrong to increase police officer numbers by 14,000?

[James Berry]

I think this Government were right to preside over a regime that has seen crime drop to an all-time low, which is why I come on to the subject of budget. All of the things that I have just mentioned and which the hon. Member for Halifax mentioned do require money—there is no getting away from that. This Government have difficult decisions to make about the policing funding formula, which they are currently considering. It is important to remember that, in the last Budget, police funding was protected. The police said that they were grateful for that, and I am pleased that Conservative London Members were able to meet the Chancellor and put their case at this time of unprecedented threat from terrorism. Yes, I accept that the police need money, but as well as money they also need us in this House to give them the tools they need to do their job.

As a Member of Parliament, I stood on a platform of giving the police the tools they need to do their job. We did that in this House with the Psychoactive Substances Act 2016. We have all heard stories from police officers in our constituencies about having to deal with somebody who has taken a novel psychoactive substance, has gone berserk, been impossible to restrain and assaulted them. We provided the police with the tools to do their job there, and we are trying to do so again with the Investigatory Powers Bill. We want to give them the tools to tackle the current technology that criminals are using.

I hope that when the hon. Member for West Ham (Lyn Brown) winds up, she will reflect on how the hon. Member for Hackney North and Stoke Newington (Ms Abbott) came across to police officers when she made a litany of complaints about that Bill at the Dispatch Box yesterday. How will police officers have felt about that when this Government are trying, through that Bill, to give them the tools they need to do their job—the powers that they have asked this Government to provide for them? For my part, I will continue to support our brave police officers, and I know that the hon. Member for Halifax will as well. I will continue to ask the House to give the police the tools they need, and I will support the Government’s amendment tonight, to do our bit to keep our brave police officers safe, so that when those officers face danger, they know that our laws and our politicians are behind them to keep them safe.

Oral Answers to Questions

James Berry Excerpts

Monday 31st October 2016 Commons Chamber

[Nigel Huddleston (Mid Worcestershire) (Con)]

6. What steps she is taking to safeguard vulnerable people from online radicalisation.

[James Berry (Kingston and Surbiton) (Con)]

12. What steps she is taking to safeguard vulnerable people from online radicalisation.

[The Minister for Security (Mr Ben Wallace)]

We are taking robust action to tackle online radicalisation and to counter the poisonous ideology promoted by extremists. In 2010, the Home Office and police set up the Counter-Terrorism Internet Referral Unit to tackle and disrupt terrorism-related material. The Government are also supporting community-based initiatives that challenge extremists’ core communications and provide credible counter-narratives.

--- Later in debate ---

[James Berry]

The Select Committee on Home Affairs has issued two reports calling on Twitter and Facebook to take much tougher action on extremist material, much of which breaches their own terms of use. Does the Minister agree that social media companies should do much more to prevent and remove this material voluntarily, without the need for a request from police officers, which is at the taxpayer’s expense?

[Mr Wallace]

Yes, I agree with my hon. Friend. Although the industry has taken some positive steps to address the issue, the internet is still being used to recruit, radicalise, incite and inspire. The CTRU’s relationship with the industry continues to be successful, but we would like internet companies to be more proactive and take more of a lead in tackling the global threat.

Disclosure and Barring Service

James Berry Excerpts

Wednesday 26th October 2016 Westminster Hall

[James Berry (Kingston and Surbiton) (Con)]

I commend the hon. Member for Dulwich and West Norwood (Helen Hayes) for securing this debate. This is an important matter and something that we perhaps come across even more in London than elsewhere. I am a barrister and have dealt with a number of cases where the police have resisted challenges to DBS refusals. I have also gone through a DBS check myself as a school governor—I am pleased to say that the check was negative.

Like the hon. Lady, I have received correspondence about DBS checks in my postbag and inbox. Teachers, nursery workers, care providers, charity workers, taxi drivers and even members of the police and the security services have to go through these checks and have suffered delays. Some people, particularly those who have been offered short-term or temporary work, have had their offer of work disappear because they simply have not received their clean bill of health from the DBS quickly enough.

DBS checks and the DBS system are, of course, vital, as the hon. Lady recognises. There are two elements: the DBS has to issue the certificate, and the individual police force has to feed in the information for the DBS to assess. That leads to two potential areas where delay can creep in and, as she says, that is not acceptable for people who make such applications.

There were problems with the Metropolitan police when the hon. Lady and I were first elected, and the Government posted a statement on their website in October 2015 acknowledging that there were problems and that there was a backlog where the service standard of 60 days had not been met. Steps have been taken to reduce that backlog, and every application that went over the 60-day service standard is automatically escalated. I have seen a reduction in the number of cases that have come to me as a local MP, but the problem plainly has not gone away. The cases are still coming, just not in the same volume. I am sure the Minister will be able to update the House on the steps that have been taken.

A twin-track application process that allows for urgent applications where there is a job offer on the line or where someone is starting work early should be considered, but in most cases the guidance is that people should make their application well in advance, knowing that it will take a long time to process.

There are cases where individuals want to challenge a refusal by the DBS, and they will either make that challenge to the DBS via judicial review or they will try to challenge a police force for providing the information, which can sometimes slow down the process. Overall, this is an important area that police forces and the DBS have to get right because of the potential consequences for the vulnerable adults and children who use the services provided by employees who are required to have DBS checks. The checks are also important for employers of people who want to work in these sectors, and whom we need to work in these sectors, because we do not want people to be turned away by an overly onerous and lengthy process.

This issue has frequently come up in my postbag, and I commend the hon. Lady for bringing it to the House’s attention. I commend the Government for the steps they have taken to expedite the process, particularly with the Met police, and I look forward to hearing from the Minister what further steps can be taken and what options there might be for expediting the process, particularly where there is a time-sensitive application.

--- Later in debate ---

[Jeff Smith]

My hon. Friend is absolutely right. It is an extremely stressful process for a person stuck in this limbo.

[James Berry]

Does the hon. Gentleman agree that it is important for the DBS to give an accurate estimate of the time the process will take, even if it is a very long period of time, so that people do not suffer the additional stress that the hon. Member for West Ham (Lynn Brown) just mentioned?

[Jeff Smith]

I agree absolutely that in principle we should be trying to do that. I appreciate that the DBS itself is not always the cause of the delay, because the backlog is often at the police checking stage, and that the DBS often cannot give a proper estimate of the delay with any real accuracy. Even for people who live in Manchester, the backlog is often down to delays from the Metropolitan police, as my hon. Friend the Member for Dulwich and West Norwood pointed out. Constituents of mine who have lived in London have come to me with real problems with the Met’s performance. Let us face it: the Met does not have a good record on processing the system properly.

The Met backlog is a real problem. Government cuts to the police have left the Met unable to cope with the increase in demand; since 2010, it has lost 1,300 staff. That is not as many as the Greater Manchester police—we have lost more than 1,800 since 2010—but it is tough all the same. Those cuts have clearly affected the internal flexibility that the Met needs to deal with changing demands on the force. Ministers have said that the Government are training extra staff to cover the gaps, but there will be a significant time lag before we see quicker turnaround times. In the meantime, people across the country who rely on the Met to process DBS checks will suffer delays, leading to the problems I have outlined. Those problems have shown that cuts to police funding are a false economy because their consequences have been felt right across the public sector. It is not just about police forces; those police forces are struggling to complete the necessary checks on people whose job is to safeguard children and the vulnerable.

Care home associations have said that delays are forcing care homes to recruit expensive agency staff. The Royal College of Nursing has reported students turning down places because of the delays, as we heard earlier in the debate, or losing their bursaries for the academic year. We have all heard examples from schools, hospitals and childcare providers that show that the delays are making already difficult recruitment issues even more difficult. If there is a lesson to be learnt, it is that the Government cannot just cut police numbers without expecting problems down the line, not only for the police but across the public sector, for businesses and services, and most importantly for constituents such as Nazim and Angela who have experienced these problems through no fault of their own.

I ask the Minister to think about several things. First, will she give serious consideration to how to stop these delays? Secondly, we have not fully discussed how constituents can get redress for their difficult experiences; as I understand it, redress is available if the DBS is at fault for the delay, but if the police force is at fault, there is no redress or compensation for the people who suffer. Surely that situation needs to be rectified. Thirdly, I reinforce the point made by my hon. Friend the Member for Dulwich and West Norwood about the possibility of a portable certificate; obviously it would need safeguards, but it would be a major contributing factor to a solution. Finally and most importantly, a process must be put in place to escalate cases in which jobs are at risk and to get them dealt with very quickly to ensure that our constituents around the country can access the jobs they need in a timely fashion. I thank Members for listening.

[Lyn Brown (West Ham) (Lab)]

It is an absolute pleasure to serve under your chairmanship this afternoon, Sir David. I congratulate my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) on securing this important debate and on her excellent speech on behalf of her constituents. I also thank my hon. Friend the Member for Manchester, Withington (Jeff Smith) for joining the debate and for again representing his constituents with such clarity and integrity.

As my own mailbag can attest, delays occurring in the Disclosure and Barring Service are making life exceptionally difficult for many workers in this country. Frankly, Minister, we need to sort that out. As we know, the DBS enables employers to make safer recruitment decisions by identifying candidates who may be unsuitable for certain types of job. The service plays a vital role in keeping our young people and vulnerable adults safe. Having access to DBS certificates is essential for people who want to pursue careers working with vulnerable people and groups, and for organisations such as hospitals and schools, which need to recruit staff.

One of my constituents, a qualified teacher working with children with special educational needs, informed me that her DBS check had been stuck with the Metropolitan Police Service for three months, despite the fact that it has a target of 18 days. Since her DBS expired in February, she has been offered a number of roles but has been unable to start work because of the delay. Without work, she is now in arrears with her rent, her car insurance and other monthly bills.

In May 2016, it was reported that 10% of the staff of one primary school in north London were unable to fulfil their roles because of the delays. The headteacher said:

“Under official guidelines you can do a risk assessment based on the DBS from someone’s previous job, but they have to be supervised at all times…In one case we had to wait four months for a check to come through. There’s already a teacher shortage in London so this is a headache we could do without.”

That is the real impact of the delays: schools with teacher shortages are unable to recruit staff, unemployed teachers are falling into debt and employees are left waiting anxiously for months. That is simply not good enough.

These delays cause real anxiety, as my hon. Friend the Member for Manchester, Withington attested. Employees are expecting to hear back within eight weeks, and as the weeks pass they become really anxious that the delays are the result of a complication with their check. The problem is made worse by the fact that application processing times seem to be entirely arbitrary. People in that situation understandably fear that their job offer will be withdrawn. I also know from my constituents that people from the same area who apply at the same time will sometimes get radically different response times.

[James Berry]

The hon. Lady will be probably aware that in some of these cases, the fact that an individual has moved a number of times and a number of different police forces have to be contacted can explain the longer delay, even if they have applied at the same time as another constituent. Six police forces having to do checks will involve a much longer process than just one.

[Lyn Brown]

I accept that point, but the hon. Gentleman must accept that that is a symptom of living in London. My constituents have not all lived in West Ham all their lives; they have travelled from all over the country, and yet they are still given an arbitrary response time. I would really like the Minister to explain whether there is a system for prioritising some checks over others—or does she have another explanation, as the hon. Member for Kingston and Surbiton (James Berry) does, for the vastly differing response times that constituents experience?

The DBS states that it aims to deal with 95% of applications within eight weeks. It is currently at 93.8%, which is below that target but not far off. However, that figure masks what is actually a deep problem in some parts of the country: the severe delays that kick in when some police forces get involved in the process. As we know, there are five stages to a DBS check. The majority of delays occur at stage 4, when individual police forces check their records to make sure that the potential matches are not missed.

Police forces have targets to process 85% of applications within 14 days and 90% within 18 days. In July 2016, the Metropolitan Police Service hit its 14-day target just 14% of the time. Things do not get much better for its 18-day target, which it met just 19% of the time. In April 2016, the then Home Office Minister, the right hon. Member for Staffordshire Moorlands (Karen Bradley), revealed in a written answer that the Metropolitan Police Service took on average 85 days to carry out stage 4 of the DBS process.

Let us recap: the whole process from stage 1 to stage 5 should take eight weeks. However, the Metropolitan Police Service is taking an average of 85 days to do its part of the process—that is just over 12 weeks. In those circumstances, it is literally impossible for the DBS to meet its eight-week target because one of the five stages is taking longer than the total target time. No wonder I, as a London MP, receive so many complaints about the service from my constituents.

Having researched the details, it is of little surprise to me that the Metropolitan Police Service is struggling. Just look at what has happened to its support staff, which have been cut by a third since the Conservatives came to power: down from 14,179 in 2010 to 9,521 in 2016. As my hon. Friend the Member for Dulwich and West Norwood rightly said, those cuts have had consequences. Under the strain of falling staff numbers, a substantial backlog of applications has emerged. All police forces have a target of having no more than 12 days’ worth of work on DBS checks at any one time, meaning that if no new applications were received, police forces would be able to deal with all existing applications within 12 days. The most recent figures available show that it would take the Metropolitan Police Service 60 days to complete the pile of DBS applications it is sitting on, and only if no more came in. That is five times the target.

This is not only a London issue. In Nottinghamshire, the 14-day target for stage 4 of the process is currently being met just 7% of the time, while in North Yorkshire the target for both 14 and 18 days is being met just 12% of the time. In fact, according to the Government’s July 2016 red, amber or green assessment, 17 of the 50 forces were judged to be providing a second-rate service or worse. Something has to be done to improve the situation, and fast. We cannot have potential employees and potential employers waiting for so long. I want to know what the Government will do about it. It is unfair on both sides and it is causing financial damage.

This is not a new phenomenon. Research by the House of Commons Library revealed that the Met has not hit its 14-day target since February 2008. That is more than eight years for which my constituents, and other people living and working in London, have had to put up with a substandard service. For six of those years, the Minister’s party has been in government. A Government press release from earlier this month stated that they have been

“working very closely with the Met to help improve performance and good progress is being made to reduce applications in progress.”

If that is true, it is very welcome, but I am yet to see any evidence that good progress is being made. The most recent figures show a service struggling to keep up with demand, and people having to wait far longer than they should to have their applications processed.

Will the Minister inform the House of precisely what steps the Government have taken in the short term to help police forces to clear their backlogs? Will she also tell us how long she anticipates it will take for the service to return to an acceptable level? Some undefined time in the future is simply not good enough when people’s livelihoods and careers depend on their being able to get these checks carried out promptly.

The police missing their time targets is not the only problem. The DBS has failed to meet its accuracy targets in each of the last three months as well. I am told that the failures are administrative, such as spelling a name wrong or placing an inaccurate date of birth on the form, but that is not clear from the DBS business plan, which explains the performance indicators, because an inaccurate check is not defined. I am not told that it is administrative; I am not told that it is a small issue; and I am not reassured that inappropriate people are not getting DBS certificates, or that people who should be given certificates are not being refused. Will the Minister assure us today that the accuracy failures are largely administrative? Can she give us a figure for them, or a percentage? Can she give us any reassurance whatever? Will she prove to the House that inappropriate people have not been receiving DBS certificates to which they are not entitled?

I do not want to downplay the importance of administrative failures. They need to be rectified because they really do have knock-on effects. Take another of my constituents, who contacted me earlier this year about her DBS check. She informed me that after waiting six months for her application to be processed, her certificate, when it finally arrived, was inaccurately filled in, as it failed to include a previous name. As a result of delays and inaccurate information, my constituent was unable to take up employment as a childminder and has lost significant earnings. These are legal documents and they need to be filled in as accurately as possible so that people can use them.

Will the Minister inform the House of the steps the Government have taken to make sure that the accuracy of barring decisions improves in future? I really would like to be reassured that she takes this matter seriously. My hon. Friends the Members for Dulwich and West Norwood and for Manchester, Withington asked a number of pertinent questions in the course of their contributions. They asked for detail, and I hope the Minister will be able to provide it today, but, if not, will she commit to answering us in writing within the next week or so?

Let us face it: the longer delays to DBS checks are the result of cuts to our police services. The Metropolitan Police Service and other struggling police services are simply overburdened with the number of applications they are receiving. They do not have the resources they need. We know that since 2010 the Met has seen police support staff cut by 33%, and today we have heard about the reality of those cuts: poorer services and people missing out on jobs. That is, I am afraid, the Government’s record on the DBS.

--- Later in debate ---

[Sarah Newton]

The hon. Lady raises a couple of points. The data I am referring to are the most recent. We will get another tranche of data this month, so she will be able to see for herself what the information is.

On how the Metropolitan police or any other police force is funded, the fact is that the DBS funds police units to do police checks. Whether they have received adequate funding over a certain period of time is a fair question. I have been to Liverpool and had conversations with the DBS, and I am monitoring the situation on a weekly basis. I will go back to the DBS to make sure that all the recovery plans we have discussed are implemented. I can say no more to reassure the hon. Lady about how seriously I take this issue. I and my officials are focused on it, and I am regularly involved with the DBS to make sure we tackle it.

As I have said, I visited the Metropolitan police unit recently. The hon. Lady has acknowledged that significant extra resources and changes in leadership have been put in place, and the unit is processing 20% more applications than it receives. That gives me some confidence that it will reduce the backlog over time. If the unit was processing only the number of applications that it was receiving, we would not have any confidence that it was dealing with the backlog, but it is, and 20% is significant. I am therefore confident that it will make significant progress.

It is important that the DBS continues to work closely with the Metropolitan police and any other police forces that are having difficulties to make sure that they are given the necessary resources to do the job. I know that the Metropolitan police take the matter seriously. I have been to Sidcup and spent time with the team there, and they talked me through what they were doing about it. They know full well that I will be back again to personally check up on their progress.

I will go through the range of other questions that hon. Members asked me on issues from portability to escalation and redress.

[James Berry]

Although DBS checks are clearly a weak spot for the Metropolitan police, I am pleased to hear what my hon. Friend the Minister is doing personally to ensure improvements. It is important not to lose sight of the fact that, over the past six years, we have seen a sustained fall in crime in this country, largely due to the fantastic work of our police forces, particularly here in our capital, including in Kingston, which is now the safest borough in London.

[Sarah Newton]

I thank my hon. Friend for making that point. Getting the checks right is an incredibly important crime prevention measure. The top priority is to deal with the possibility of people doing harm to vulnerable children and young people. Frustrating as delays can be, the safety of individual people must be uppermost, and it must have played its part in those cheering results showing a drop in crime.

To return to the questions that were put to me, employers and individuals are encouraged to use the update service. An online subscription service allows individuals to demonstrate that their DBS certificate is up to date. That would prevent their having to make multiple re-applications. With the applicant’s permission, organisations can check a certificate online, free of charge, which allows them to see whether any relevant information has been identified since the individual’s certificate was last issued. There are more than 800,000 subscribers to that service. I encourage the hon. Lady to ask constituents to register for the online service at the same time as they apply for DBS checks. If they move jobs, they will not have to go through repeated checks, because once they sign up for the service the employer, charity or wherever they were working could freely go online to see whether any information needed updating.

I may have got the wrong impression, but the hon. Member for West Ham (Lyn Brown) seemed to be telling me that the certificate of one of her constituents had expired. It is simply not possible for certificates to expire because they do not have a set period of validity. If that constituent were signed up to the updating service they really would not be affected. It is important to set the record straight.

When there are delays, employers can, during the wait for DBS check results, consider whether it would be appropriate for an individual to begin work, with appropriate safeguards, depending on the nature of the role and the assessment of potential risk. For example, DBS Adult First can be used in cases where, exceptionally, and in accordance with the Department of Health terms, a person can be permitted to start work with adults before the certificate is obtained. There are appropriate ways of safeguarding while people are waiting so that they can avoid the dreadful situations that have been described today, where they cannot take up jobs, and where they incur financial hardship, and where organisations miss out on good employees.

Customers can track their application online and call the DBS helpline for support. There were questions about how the DBS prioritises applications. It does so in date order, but if an applicant can make the case that there will be undue hardship and they will suffer in some way, the DBS will do everything it can to expedite an application. It will contact a police force and do all it can to reduce the time.

I want to clarify the point about redress, which was mentioned. The DBS will consider cases. If there has been hardship and the DBS can be proved not to have acted appropriately, there is a system of redress. There is not a nationwide system for the police, but individual police forces can be held accountable. If they have not acted in a timely and appropriate way, redress can be considered.

I hope I have covered all the questions. I am not at all complacent. Getting the service right is central to protecting the most vulnerable people in society, and I am determined to do that. I understand that we need an efficient process to enable people to take up the sorts of jobs we need them to do. I shall continue to monitor what happens on a regular basis. As I have said, if any colleague wants to come into the Department and go through the matter with me in more detail, they are welcome to do so.

Criminal Finances Bill

James Berry Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th October 2016 Commons Chamber

[James Berry (Kingston and Surbiton) (Con)]

I rise to support the Bill—not to complain about what is not in it, but to praise the Government and agree with them on what they have put in this bold Bill.

I should declare I am a barrister and have represented a number of police forces across the country. That experience has taught me two things. The first is a genuine admiration for the men and women of our fantastic police service for their dedication to the task of keeping us safe. Thanks to their excellent work, led by Chief Superintendent Glenn Tunstall, Kingston is now the safest borough in London. However, as I learned at our recent police awards, even in London’s safest borough, there are humbling examples of everyday heroism and compassion by our police officers. We do not hear enough about them, but we are truly grateful.

I pledged at the election to do what I could to give the police the tools they need to do their job. That leads me on to the second thing my experience with the police has taught me: there are a number of powers in this Bill that the police have been, and still are, hamstrung without —where they are powerless to act in the face of wrongdoing.

Before talking about those powers, I want to make a broader point. I am proud to serve as a London MP, representing those who live and work in the best city in the world. London is the world’s financial services capital and I know the Government are working as hard as they can to ensure that that remains the case after Britain’s exit from the EU. But over the last few years there have been reports that London is becoming the capital of something rather more insidious—money laundering.

Following the global financial crisis, property in London has become one of the safest investments in the world. Rich criminals and money launderers are attracted to it in the same way as people who make their money legitimately. Put shortly, Londoners want this stain removed from their city. The Bill will help to do that.

It is not just London: the National Crime Agency assesses that billions of pounds in proceeds of international corruption are laundered into or through the UK every year. Her Majesty’s Revenue and Customs estimates that £4.4 billion was lost to the Exchequer last year alone due to tax evasion in the UK. Globally, laundered money is estimated to amount to 2.7% of GDP, or $1.6 trillion. To put that in perspective, there are only nine countries in the world with GDPs greater than that.

As the leading nation in the world for soft power, and as a nation that is trying to lead the global debate on anti-corruption, we need to ensure that our house is in order. The Bill is part of the Government’s wider efforts to ensure that that is the case. I want to touch on a few aspects of the Bill.

The first is unexplained wealth orders. We have seen many cases in the press where individuals suspected of grave criminal offences are living lavish lifestyles well beyond what any legitimate income they could evidence could possibly support. It is insulting to the many hard-working people in the UK who play by the rules and go to work day in, day out to earn an honest living to support themselves and their families to see this happening. It creates a feeling of impunity in the upper echelons of criminality.

Unexplained wealth orders will require those suspected of being involved in, or associated with serious criminality to explain the origin of assets of over £100,000 that appear disproportionate to their known income. A failure to provide a response, or a satisfactory response, could lead to a presumption that the property in question is recoverable in civil proceedings.

Unexplained wealth orders will have to be made by a High Court judge on application by a relevant law enforcement officer. Even with those protections, as might be expected of a lawyer, I ask the Minister to give a little more assurance about the nature of the protections in place, given that the measure does reverse the burden of proof that normally rests on the Crown. I am sure that he will be able to provide that reassurance, and I entirely agree with the hon. Member for Dumfries and Galloway (Richard Arkless) that that appears to be proportionate in this case, given the severity of the situation that law enforcement officers face.

Secondly, on enhanced forfeiture powers, I have spent many mornings in magistrates courts up and down the country making applications under the Proceeds of Crime Act 2002. I have some familiarity with this area. The current powers under the POCA apply to cash. The police may seize it when they have reasonable grounds to suspect that it is the proceeds of crime. They may then apply to the magistrates court to forfeit that cash. A classic example is a shoebox found in a house containing some drugs and rolls of cash. However, the provisions apply to cash alone. The more sophisticated criminals do not have rolls of cash and a little bit of cannabis or cocaine in a shoebox. They have their money in bank accounts and in high-value items of personal property, which are much harder to trace and much easier to move around, domestically and internationally. Such items include precious metals and jewels—and indeed betting slips. I am grateful to the hon. Member for Dumfries and Galloway for drawing those to the Government’s attention. His information appears to be being acted on. The seizure and forfeiture provisions in the Bill extend the cash seizure powers in POCA to bank accounts and high value-items. That will mean that the law and the police’s powers are keeping up with the ways in which crimes are being committed. That is a welcome move.

I now turn to part 3 and the new offence of corporate failure to prevent tax evasion. This is another manifesto commitment that the Government are delivering on today. It is already the case that a taxpayer who fraudulently evades a responsibility to pay tax commits a criminal offence. A person such as a banker, accountant or tax adviser who knowingly assists a taxpayer to fraudulently evade a responsibility to pay tax is committing a criminal offence, but the company employing that banker, accountant, tax adviser or other professional who criminally facilitates tax evasion does not commit any offence. The company is outside the reach of the law. The Bill aims to bring those companies within the reach of the law, not to duplicate the criminal liability of their employee or agent but to criminalise a failure by the company to prevent those acting on its behalf from facilitating tax evasion. It will criminalise the company for allowing an atmosphere to be created in which that tax evasion is possible.

That might seem draconian, but it is absolutely necessary. Companies will have a defence, much as they do under health and safety legislation, if they can show that they had reasonable prevention procedures in place. The new offence will be the stick that will drive up companies’ efforts to ensure that their internal procedures do the utmost to prevent their employees from facilitating tax evasion. It will drive up standards in the whole sector, and that is long overdue.

[Richard Arkless]

I am listening with great interest to what the hon. Gentleman is saying. Does he agree that there is a real case to be made for extending the provisions on corporate economic crime beyond the tax evasion issues covered by the remit of the Bill?

[James Berry]

That is certainly something that could be looked at and consulted on, but the Bill is achieving a manifesto commitment to do exactly what it says on the tin. That is what the Government are trying to deliver today.

[Richard Arkless]

rose—

[James Berry]

I will carry on, if I may.

[Mark Tami (Alyn and Deeside) (Lab)]

Will the hon. Gentleman give way?

[James Berry]

No.

I hope that this provision will have the same effect that health and safety legislation has had, with companies taking the lead in rooting out bad practice to avoid being liable themselves for incidents caused by their employees. Some businesses might dismiss this as red tape, but if it is red tape, it is important red tape that is focused on the aim that it is trying to achieve. It is important to ensure the integrity of our world-leading financial services sector in London, and these measures have been welcomed by many in the industry, including the chief executive of the British Bankers Association, even though I do not necessarily support the utterances he made earlier this week.

I have touched on just a few of the provisions in the Bill. It also contains many tidying-up provisions that are extensions of existing laws and that are based on feedback given to the Government by the police and law enforcement agencies on the deficiencies in their current powers. That approach is to be warmly welcomed, because when it comes to the fast-moving world of criminality that our police are trying to prevent and detect, we in this House must be fleet of foot. I believe that the Government are achieving that today. I am sure that hon. Members on both sides of the House will welcome the aims of the Bill unreservedly, and I hope that by the time it has been through its Committee stage, all its clauses will have been accepted.

Rights of EU Nationals

James Berry Excerpts

Wednesday 19th October 2016 Commons Chamber

[Mr John Baron (Basildon and Billericay) (Con)]

Will the hon. Gentleman give way?

[James Berry (Kingston and Surbiton) (Con)]

Will the hon. Gentleman give way?

[Gavin Newlands]

Not right now.

The UK Government may want to pretend that nothing will change, but the fact is that everything has changed for our EU nationals following the Brexit vote. Many are starting to think again about the country in which they have invested so much time and effort. Agnieska from the Renfrewshire Polish Association, whom I met a few weeks ago, shared her concerns and those of many members of her group not only about the result of the referendum, but about some of the divisive rhetoric since. However, she felt somewhat sheltered from this by living in Scotland, with the different approach taken by the Scottish Government.

It is not only the failure to give assurances that is problematic. The statements and speeches at the Conservative party conference caused many EU nationals to consider their future. The new Home Secretary seems to share her predecessor’s bleak vision of reducing migration to tens of thousands and sees Brexit as one means of achieving this, refusing to recognise that 78% of working-age EU citizens in the UK are in work, compared with around 74% of UK nationals. It is economic vandalism of the highest order for the Home Secretary not to give these hard-working individuals the right to live and work in the UK, all with the aim of achieving the right-wing holy grail of reducing immigration.

Adding fuel to the fire, the Home Secretary expressed her desire to implement a system which requires companies to compile lists of foreign workers which would be used to “ name and shame” those who employ large numbers of foreign workers. It is not the companies that should be placed in any wall of shame. The only person who should be ashamed is the Home Secretary for managing to propose a policy which even UKIP says goes too far.

Following a poisonous Brexit campaign, which has helped to create the environment in England and Wales for an increase in racially or religiously aggravated offences, a responsible Government would be praising and thanking EU nationals for the contribution that they make to our communities and assuring them of their right to stay. This UK Government have singularly failed to do so. The contrast could not be any sharper north of the border. Whereas the Prime Minister has remained silent and allowed her “hard Brexit” colleagues to describe EU nationals as “bargaining chips”, Nicola Sturgeon has shown compassionate leadership and adopted a positive and inclusive approach, and has repeatedly reassured those EU nationals who have made Scotland their home that Scotland is and will continue to be their home.

Economically, socially, culturally and morally the UK Government should do the correct thing today and offer a cast-iron guarantee to all those who have made the UK their home. That is a call that the Scottish Parliament, wider civil society, the business sector and EU nationals have all made to the Prime Minister.

Scotland voted overwhelmingly to remain in the EU and to reject the narrow-minded politics of the UKIP-Tory right-wing alliance. Those votes and those voters need to be respected, so the Government should stop playing games, end the xenophobia, lead for all our citizens, back this motion and categorically state to EU nationals that their future lies here and their residency status will be protected.

--- Later in debate ---

[Kwasi Kwarteng]

I am not suggesting anything of the kind. What I am saying is that, as my hon. Friend the Member for Braintree (James Cleverly) suggested, it is naive simply to give cast-iron guarantees at this point. I suspect that these guarantees will be given further along the line and that it is very likely we will reach a situation where everyone is happy and everyone can stay. However, at this moment—in October 2016—it would be a little premature, perhaps, to give those undertakings.

[James Berry]

In Kingston, as in Spelthorne, foreign-born people are welcome. We very much value their contribution; we want them to stay. However, is my hon. Friend aware that not one EU Head of State has given the unilateral and unequivocal guarantee that SNP Members are asking for in the debate?

[Kwasi Kwarteng]

My hon. Friend is exactly right. I regret to say this, but if one has been following the foreign news reports of the statements made by Jean-Claude Juncker and other people, it is clear that there is an air of menace around. I am not saying that it is universally expressed, but there is a view that somehow the British people acted defiantly or insolently towards the EU and that we should be punished as a consequence of the vote on 23 June. I regret having to say this, but it is a fact that people on the continent in high positions in the EU have made such statements.

Calais Jungle

James Berry Excerpts

Monday 10th October 2016 Commons Chamber

[Amber Rudd]

There is legislation in place, and I would be careful about waiving legislation when there is already an obligation, as is the case with the Dublin agreement. There is, in a way, more discretion with the Dubs amendment, as the evidence is not quite as tangible, in terms of family links; it has to be proved that the children are more vulnerable staying where they are than in coming to the UK. There is enough latitude there to enable us to increase the numbers sufficiently, so that we can do the right thing by all these children.

[James Berry (Kingston and Surbiton) (Con)]

I agree with the right hon. Member for Leicester East (Keith Vaz), and note that if this situation were going on in Dover, the UK authorities would promptly register any claims for asylum, and direct those vulnerable children to the authorities of the countries in which they had family ties. Sadly, the French have not done that, which means that our legal powers and responsibilities are simply not being engaged. What practical steps has my right hon. Friend’s counterpart guaranteed to put in place to speed up the process, as that is the only means by which the UK can speed up our response?

[Amber Rudd]

My hon. Friend is absolutely right: this is happening in France. We are talking about French legislation and French authority territory, and we can engage with the French authorities only as they allow us to do so. I can reassure him that, given that the French have decided to clear these camps, they are approaching our offers of help with a lot more enthusiasm and certainty of purpose. That means that we can deliver on what we all want to do, which is look after those children.

Terrorist Attack: Nice

James Berry Excerpts

Monday 18th July 2016 Commons Chamber

[Amber Rudd]

The police play a critical role in ensuring that we are all kept safe, which is why my right hon. Friend the Prime Minister protected the police budget in last year’s review. However, I will certainly take a careful look at all spending within the police budget to ensure that the maximum amount is available for the clear, visible policing on our streets that plays such an important part in deterring criminal activity.

[James Berry (Kingston and Surbiton) (Con)]

In light of the budget announcement that the Home Secretary has just referred to, will she confirm that the Metropolitan police has increased its armed response vehicle capacity, that this country’s armed officers have the capacity to neutralise a threat like that in Nice and that we have the most professional armed officers in the world?

[Amber Rudd]

My hon. Friend is absolutely right. We are very proud of the high standards of our professional armed officers, and we announced in April that the number of armed police would increase by more than 1,000 over the next two years. Additional round-the-clock specialist teams are being set up outside London, and 40 additional police armed response vehicles are on our streets.

EU Nationals in the UK

James Berry Excerpts

Wednesday 6th July 2016 Commons Chamber

[James Brokenshire]

Obviously, I hear the desire for that simplicity, but it is not as straightforward as the right hon. Lady would like to present. She might reflect on some of the themes I have highlighted, because it is important that we get this right, not just for now, but for the years to come. It is about getting the right deal—the fairest deal—for those who are here, and that is what we remain committed to doing. There will need to be detailed and painstaking work examining each of these rights and the different circumstances in which people find themselves, to ensure that there are no unforeseen or unintended consequences. That work will be led by the Europe unit based at the Cabinet Office, which will work in close consultation with all Departments with an interest.

It is important for the House today to underline to EU nationals that they continue to be welcome in the UK. Alongside the statements made by the Prime Minister that there will be no immediate changes in the circumstances of EU nationals, the Department for Business, Innovation and Skills has published guidance for EU students to provide additional reassurance to those who are about to embark on a course.

[James Berry (Kingston and Surbiton) (Con)]

As a fellow London MP, I am sure my right hon. Friend has received many letters from EU migrants working hard, earning money and starting their lives here in this country, but also from former residents and the families of former residents who live abroad. Does he agree that this whole issue of EU migrants living here and Brits living abroad should be hived off from the main negotiations and dealt with first, and as a priority, between Heads of State now, because we must all have an interest in preserving the status of EU migrants here and Brits abroad?

[James Brokenshire]

As I think I indicated in response to other interventions, this is a priority for the Government and we recognise the issues that have been highlighted, fairly, by colleagues across the House. That is why, for the reasons given by my hon. Friend, the matter is being given emphasis and priority within the Government. Despite some across the House having sought, unfairly, to sow doubt and create uncertainty, people should take a message of reassurance from the contributions to the debate and our statements that the intent is to solve the issues quickly.

In recent days, we have seen some appalling hate crimes perpetrated against EU nationals and others living in the UK, including damage to a Polish community centre in Hammersmith, hateful leaflets targeted at children in Cambridgeshire and abuse hurled at people walking in the streets. The Metropolitan police has said that 67 hate crimes are being reported every day. Hate crime of any kind has absolutely no place in our society. We will not stand for these attacks, which should be investigated by the police.

Investigatory Powers Bill

James Berry Excerpts

Report: 2nd sitting: House of Commons
Tuesday 7th June 2016 Commons Chamber

[Mr Alistair Carmichael]

I rise to speak to the amendments standing in my name, particularly amendment 3. The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) said that the amendments tabled by the SNP that sought to remove internet connection records from the Bill had not been selected. I notice that he and the hon. and learned Member for Edinburgh South West (Joanna Cherry) have also added their names to amendment 3. It was not my intention at the start of this debate, but I have heard so little by way of comfort from the Government Front-Bench team that I intend to press amendment 3 to a vote. It is surely unacceptable, at this stage in proceedings, that we still have no proper definition of what exactly is an internet connection record. Others have touched on that during the course of our debates.

It is 15 years to the day since I was elected at the 2001 general election. I have seen a few things in this House in that time, and one thing that I have learned to recognise is a well-rehearsed line exchanged between the two Front-Bench teams. I think we saw that when the shadow Home Secretary was getting his assurances from the Minister for Security. I have to say that he has got assurances which, frankly, miss the whole point. The assurances on threshold, for example, do absolutely nothing to address the problems that are inherent in the riskiness of retaining such data in the first place. I cannot improve on the definition or the expression that was used by the Joint Committee when it reported on the draft Bill. It said that the collection of internet connection records would be a

“honeypot for casual hackers, blackmailers, criminals large and small from around the world, and foreign states.”

David Anderson QC described the expanded data collection by internet service providers as “overstated and misunderstood”—to the point and understated. There is no other “Five Eyes” country in which operators have been forced, or are being forced, to retain similar internet connection data. That surely tells us all that we need to know. The case has not been made. It is always open to the Government to come back on some future occasion to make a case and to put these provisions in another Bill. They have not made the case, and the provisions should not be in this Bill.

[James Berry (Kingston and Surbiton) (Con)]

That was a very disappointing reaction from the right hon. Member for Orkney and Shetland (Mr Carmichael) to what I thought has been the very constructive way in which the right hon. Member for Leigh (Andy Burnham) has dealt with the Government both today and yesterday.

Dublin System: Asylum

James Berry Excerpts

Wednesday 4th May 2016 Commons Chamber

[James Brokenshire]

The Prime Minister said earlier that we will discuss the matter with local authorities, and we will also continue discussions with the United Nations High Commissioner for Refugees, Save the Children and others. It is right that we assess the issue carefully in that way and come to the right conclusion.

[James Berry (Kingston and Surbiton) (Con)]

Does my right hon. Friend agree that the UK has the double protection of being outside the automatic opt-in and outside Schengen, so that when asylum seekers choose not to claim asylum at the first port of call, they cannot travel across Europe and come to the UK through a no-border zone?

[James Brokenshire]

We have the best of both worlds in being outside the borderless area of Schengen, which gives us the protection of being able to uphold our own border and carry out the necessary checks, and having legal rights through the opt-ins and the enhanced mechanisms that the Prime Minister achieved through his renegotiation, which will add to that protection.