Point of Order

Kit Malthouse Excerpts

Friday 25th September 2020 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

On a point of order, Mr Speaker. I want to bring the House’s attention to the fact that a police officer was sadly shot and killed overnight in Croydon. The details are still emerging, but the Home Secretary has spoken to the Commissioner of the Metropolitan police and offered the help and support of the Home Office as the force comforts family, friends and colleagues and investigates this crime. We ask our police officers to do an extraordinary job. The fact that one of them has fallen in the line of duty is a tragedy for the entire nation. I know that the entire House will offer their condolences to his family, friends and colleagues. May he rest in peace, and may justice follow this heinous crime.

[Mr Speaker]

I thank the Minister for that point of order. It is shocking news. This should never happen to the people who protect us to make us safe. All our thoughts and prayers are with the family and friends and the police community.

Forensic Science Regulator and Biometrics Strategy Bill

Kit Malthouse Excerpts

2nd reading & 2nd reading: House of Commons
Friday 25th September 2020 Commons Chamber

[Darren Jones]

I could not agree more with the hon. Gentleman. I am pleased to see him in the Chamber today, given his previous valiant efforts to try to secure a similar outcome in the previous Parliament. He makes an important point in respect of digital forensics, which, we know from the evidence reported to us in the House, has been in increasing demand, given the nature and complexity of modern crimes. There also seems to be a lack of expertise, skills and capacity to deal with that. There have been incidences reported in the media where victims have, for example, had all their data on their mobile phones downloaded at the point at which they have reported a crime. There are pretty significant questions about whether that is the right balance and approach: what the framework is around that, what happens with all that data going forward and whether that is the right approach to take. That, of course, comes to the questions around accredited standards for digital forensics.

With the market dominated by a few large players, and niche processes or specialised capabilities often, in practice, offered by a single small provider, the cost of achieving and retaining certification is frequently seen as a greater impediment to competitiveness than the ability to demonstrate the quality of their work. With the majority of affected forensic work conducted in-house, the absence of statutory regulation has meant that police forces themselves have come to the view that accreditation is a low priority for time and investment. Statutory regulation would therefore enable a path to competition on the basis of quality and encourage new providers to enter the market. Police authorities would not only be more accountable for the procurement decisions they make but better able to make the case to the Government for investment to enable funding safe, high-quality forensics.

I do not wish to present the Bill today as a panacea, but that kind of regulatory environment should be the baseline for a competitive market in services as publicly important as these. That aspiration is key, because although there is ample cause to regret that manner in which the forensic science service was shut down, the Bill seeks to improve and build on the marketised approach as it exists today, rather than seeking to turn back the clock. That is why making this change commands, in my view, such universal expert and political consensus.

In what form, then, could objections possibly be taken? I am conscious that a small minority of practitioners, for example, have previously expressed concern that a statutory regulator would mean essentially sound practices being invalidated on technicalities and leave robust prosecutions open to unfounded but seemingly credible defence challenges, but that is emphatically not a risk created by this proposed legislation. The enforcement and investigatory powers it seeks to create are not directly rooted in compliance with quality standards but justified by substantial risk that the course of justice will be prejudiced by reliance on the science conducted by these practitioners. As such, the only providers with a meaningful basis for concern are those whose work entails risk of that order. Most providers take the rules and codes of practice that govern their work, and the sense of public duty that comes with it, extremely seriously. Only a minority of bad actors have anything to fear from a system that begins with the aim of rewarding quality work done in good faith.

The same essential need for intelligent, enforceable and responsive regulation underpins the case for action to address the increasingly widespread collection, storage and use of biometric data. As I have already said today, the title of the Bill offers some clue to my initial aspirations on that front, but I take the Minister and the Government at their word that solutions are en route. They need to be, in my view, because this is an area in which it is even clearer that innovations and technology will consistently outpace the capacities of primary legislation and where current law leaves an intolerable vacuum for the abuse of new and developing biometrics.

In that context, and very briefly today, I would like to draw colleagues’ attention to the independent review of the governance of biometric data commissioned by the Ada Lovelace Institute, which I understand is due to report its conclusions next month. The findings, I suggest, would represent one of the most authoritative contributions to the debate on how we govern biometrics, and I hope Ministers will take full account of them.

The general data protection regulation defines biometric data in fairly bloodless terms as the information that results from

“processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images”.

Some of the processes we are talking about, such as fingerprinting, are well established and the limits on their use well defined, but the potential for abuse created by the speed with which technologies for processing other kinds of biometric data are advancing should make clear the need for political oversight to keep up.

Clearly, that does not begin and end with, for example, automatic facial recognition, but the worry that the technology simply is not ready for roll-out has been debated on the Floor of the House in the past.

[The Minister for Crime and Policing (Kit Malthouse)]

I wish to acknowledge the hon. Gentleman’s strong point that technology is moving at great speed in crime, as it is in all our lives, and to draw his attention to the fact that we were the only party that stood on a manifesto commitment—it was buried in our manifesto at the general election—to create exactly the robust legal framework to which he refers. I am hopeful that we will get movement on that quite soon.

[Darren Jones]

I am pleased to hear that from the Minister. I confess that I did not notice that in his party’s manifesto, but on the basis of his confirmation to the House, I look forward to the tabling of comprehensive legislation. I can confirm to the House that, although it may not have been in our manifesto under the previous Labour party leadership, I will do my best to ensure that it is in the next one.

I believe the Minister when he says that he wants to get this right, and the Government will have a partner in me when they get around to it, but time is of the essence. I sorely hope that the Bill fires the starting gun today on a period of revitalised thinking in the Government about how to regulate technologies in the public interest. I want to be a participant in that effort.

The Bill is as evidence-driven and task-focused a piece of legislation as it could be. Putting the regulator in statute is a matter of broad political consensus. As I have said today, on a cross-party basis in both this House and the other House, and among experts in the field, the regulator and, indeed, the Minister and the Government, there is consensus that the Bill should be given its Second Reading today. It will make good on a commitment, first made by the Government in 2013, that the regulator says is necessary if it is to do its job effectively. Finally, it will create a basis of quality enforcement, on which we can build a better-functioning market, and is plainly the right thing to do. On that basis, I commend my Bill to the House.

[Sir Christopher Chope (Christchurch) (Con)]

What a pleasure it is to follow the hon. Member for Bristol North West (Darren Jones), whom I congratulate on introducing the Bill and addressing this subject following his success in the private Member’s ballot. I am sure we all agree that we want a fine, good-quality forensic service.

The hon. Gentleman made the point that we need the regulator to take action to improve quality. I am sceptical, because we have had a regulator in place since 2007 and it has the powers to bring in codes of practice and, in essence, to encourage, by one method or another, people to comply with those codes. The Bill refers to the introduction of statutory codes of practice that would have to be subject to consultation, but it is not clear to me whether the existing powers have been used sufficiently. It is one thing to say that the regulator has the powers, has been using them and has not been able to make them work so needs them to be put on a statutory footing, but is not clear to me that the existing regulator has been using the available non-statutory powers.

Let me give an example. In her annual report, the forensic science regulator says, in paragraph 2.1 on compliance with the regulator’s codes of practice and conduct:

“The number of organisations that have demonstrated compliance with the Codes has now risen to 42. This leaves approximately 17 organisations in England & Wales that hold accreditation to ISO 17025 but not the Codes and are regularly practising forensic science in the CJS”—

the criminal justice system.

She goes on:

“Of these, 12 are in policing”.

The Home Office, which funds the regulator, also funds the police service. If the Home Office talks to the regulator, why has the Home Office not been successful in persuading 12 police organisations to comply with the codes prepared by the regulator? I do not understand what is going on. I hope that when the Minister responds he will explain why there is this dichotomy: the Government say that they support the Bill because we need a statutory regulator, but at the same time they seem to have been doing nothing to try to bring the recalcitrant police forces into compliance.

[Kit Malthouse]

My hon. Friend is raising an important point, but there are two things to say. Part of the complication is obviously the operational independence of chief constables, in that the Home Office cannot bring any direct sanction to bear where something falls within their ambit, and as this issue does. However, as a strong champion of the authority and importance of this House, he will also know that transposing regulations into law has had enormous effect in the past. Back in, I think, March 2019, this House passed a statutory instrument on fingerprinting and DNA standards that took us from 9% compliance to 90% across police forces. That illustrates the power that he has from the Back Benches to mandate that kind of action across the country.

[Sir Christopher Chope]

I am fascinated by my hon. Friend’s response. The chief constable of Dorset is the lead chief constable on this very subject. Perhaps following today’s debate I will be able to have a conversation with him on this matter; but I still despair, really, that it is necessary for this House to intervene to get the police to do what we and an independent regulator think is the right thing for them to do.

[Sir Christopher Chope]

Obviously police forces face constraints, but ensuring that the best quality forensic evidence is presented in the court system should be the top priority. Why should that be relegated as a lesser priority? My view would therefore be: yes, it is very important, but chief constables should be addressing that issue.

I am slightly sceptical about the need for this Bill, and my scepticism was increased when I looked at the regulator’s annual report and saw that her budget, supplied by the Home Office, runs to only about £400,000 in total admin expenditure for a year. What will be the costs of this legislation, which the Minister is supporting? We are now told in the explanatory notes that it will add about £400,000 a year to the costs of the Home Office, so the admin budget for the forensic regulator would be doubled. How does that compare with the estimate given when my hon. Friend the Member Bolton West (Chris Green) introduced his Bill in the 2017-19 Session? The explanatory notes for that Bill said:

“An impact assessment has been conducted by the Home Office. The Home Office estimates that the statutory powers of the Regulator will cost an average of £100,000 per year in addition”.

How is it that in the space of just two years the Home Office’s estimate of the cost of this legislation has quadrupled? And how, on that basis, can we rely on any of its promises about what the costs will be? I do not know whether in due course we will have a separate debate on the financial side of this Bill—I imagine that we would need a money resolution—but perhaps my hon. Friend the Minister can answer that point now.

[Kit Malthouse]

I think my hon. Friend has missed his calling: his forensic examination of these documents is to be admired. During the course of the debate I will seek an answer to the question that he raises; I do not have it at the moment. In response to an earlier point that he raised, it is not just the police who are the users of forensic services; very often defence will use them. Having a consistent regulatory environment that is observed by all means that we will get greater consistency in courts, and therefore there will presumably be less time lost—and a saving—in trials that are broken, cracked or have to be delayed because of differences in forensic evidence.

[Mr Speaker]

Just to say the hon. Gentleman’s calling is Friday.

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[Dr Huq]

The hon. Gentleman is right: we need a mixed-economy approach. Yes, we can allow private firms—I am not saying ban the private sector—but they should coincide with regulation, which is a good thing.

[Kit Malthouse]

The hon. Lady refers to the history of forensics and fingerprinting. I want to share a small anecdote with the House. In the early days of fingerprinting, the Metropolitan police were in pursuit of a particular criminal who, it came to their attention, had apparently been apprehended in Germany. They sent away to the German police to ask for this sadly deceased criminal’s fingerprints to be sent, so that they could close the case. The German police amputated his hands and sent them whole, and they sit in a jar of formaldehyde in the Met police’s Crime Museum to this day.

[Dr Huq]

Goodness me, we live and learn, and we learn a new thing every day. What a gory story. It is sad that we are leaving the European Union, because we had access to all those databases, including Europol’s. I think that is a cause for lament, but that is probably another debate for another day.

[Dr Huq]

Unfortunately, the reality of Britain’s forensic services is far removed from the glamour of “NCIS”. Britain’s Sherlockian sleuths and Clouseauian crime detectives do exist in our police forces, and they do a sterling job, but they have been hampered and held back for years—for at least seven years, as my hon. Friend the Member for Bristol North West said. There are three reasons for that.

First, cuts in police and research budgets have adversely affected spending on private forensics. The hon. Member for Bolton West (Chris Green) attempted valiantly in the previous Parliament to raise that issue. Sadly, the election, which not all of us wanted, put paid to that. Whatever happened to the Fixed-term Parliaments Act 2011? I think it is going soon. Anyway, as he pointed out, expenditure on private forensics has come down from £120 million in 2008 to £50 million at the moment. The House of Lords Science and Technology Committee uncovered those figures last year.

Secondly, there is a lack of competitiveness. Even for fans of the free market, this is not a good way of running the system. The forensics marketplace is in a fragile state, because it is not purely one thing or the other. Thirdly, there is the laxity of the regulatory regime, despite the fact that there is a Forensic Science Regulator. The Bill seeks to address that by calling for a new Forensic Science Regulator, so that our justice system is better equipped to deal with modern crime.

When the regulator itself states that innocent people are repeatedly wrongly convicted and criminals are escaping the long arm of the law due to the failure of the forensic science system to meet basic standards, something has obviously gone very wrong. It is no exaggeration to say that it is positively criminal that the watchdog—currently incarnated as Dr Gillian Tully, who acknowledges this herself—is so toothless, so lacking in cojones, that it is purely advisory. It does not have legal powers to require private providers to meet standards, or to impose fines if they do not meet them.

How did we get here in the first place? It was actually under David Cameron, another PM who swiftly left the crime scene. Paul Roberts, a Nottingham University professor of jurisprudence who specialises in this field said in 2015:

“in a moment of penny-pinching madness that future governments may regard with incomprehension, the UK coalition government closed down the world-famous Forensic Science Service, arguing—quite improbably—that the private sector would fill the gap…this move to free-market forensics is not meeting the justice system’s need for high-quality scientific support and has put in jeopardy long-term forensic research, development and training.”

He laments the closure as part of what he calls a “landscape of ‘austerity justice’”.

[Kit Malthouse]

Although the hon. Lady is right that the Forensic Science Service was closed, and that part of the argument for its closure was the cost, because it was losing significant amounts of public money at the time, there had also been a series of forensic science failures resulting in high-profile abandoned trials, which meant that reform was felt necessary. It was not purely ideological; it was as much a practical and results-driven decision as anything.

[Mr Speaker]

Just for the record, the FSS provided a very good service. The labs at Chorley were fantastic.

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[Chris Green]

I think that point reflects on what the hon. Member for Bristol North West said about this being a starting point in terms of the regulator body. This also reflects upon the sphere of law and order and the justice system that it ought to be looking at and investigating. It is those two aspects together that overall will require significant resources, and to get more and increasingly specialist skills to look at artificial intelligence, cloud computing and those sorts of areas. There may not be those skills necessarily within the regulated service, but certainly there would be an expectation of commissioning people to come in to inform and enable the regulator to have that oversight position, perhaps, later on.

[Kit Malthouse]

My hon. Friend is making an extremely important point, and nowhere is it more pertinent than in the area of digital forensics, as he said, which is developing very fast. One of the obstacles that we have faced in the prosecution of rape investigations, for example, has been the confidence of victims to allow interrogation of their mobile phone data as part of that investigation. Improving the confidence of victims around both the codes of practice and the techniques that are used in those forensic opportunities, and then how that is presented in court, will be a key part of getting them over the line to prosecution, whereas at the moment we are often seeing resistance because of notions of intrusion into privacy that are overwhelming their desire for justice.

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[Chris Green]

I appreciate my hon. Friend’s concerns, but I would be cautious about going down that route. Increasingly, the policing system as a whole reflects on the specialist skills required to do the work and within that system there is increasing recognition that the police need people who are perhaps badged as police but who would not fit into the traditional view of policing. Whether those people are employed and recruited through the policing system or for a private sector provider, ensuring the standards are equally high and equally well adhered to is key to this aspect of the work.

[Kit Malthouse]

I, too, am anxious not to engage in ping-pong with my hon. Friend the Member for North East Bedfordshire (Richard Fuller) through my hon. Friend the Member for Bolton West (Chris Green). There are two issues in particular regarding digital forensics. One is the delay. Practices at the moment often mean that victims or others surrender their devices for many weeks, which has implications for them as well. In the end, it is through the regulator and statutory codes of practice that voice is given to democratic consent for the ambit in which the state can intrude into a private individual’s information to the extent that justice may be served. At the moment, that is broadly done at the discretion of the police. Possibly in the future it will be done by codes of practice, and as I said and as we said in our manifesto, we will look at a framework for the adoption of police technology and techniques in the future. Fundamentally, that has to come to this House for democratic consent and it is through these mechanisms that we give that permission.

[Chris Green]

I thank my hon. Friend for his message.

Let me finish this point about the future tech. We have not really touched on the internet of things, and that global connectivity of billions and billions of devices. That might have an impact on the way the police and other services investigate a crime.

I read a simple but odd thing about how electronic doorbells can play a part in crime. Apparently—I hope no one is listening to this—burglars can observe the data usage when a doorbell is rung and an internet connection is established with the owner, who may be at work or away. The fact that the data usage rockets up tells the burglar that the person has not come to the door and that they are observing what is going on from afar, and so are not there.

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[Wes Streeting (Ilford North) (Lab)]

In a spirit of cross-party consensus, it is a pleasure to follow the speech of the hon. Member for Bolton West (Chris Green).

I was very disappointed to learn that the parliamentary editor of PA, Richard Wheeler, said of our proceedings this morning that they lack

“the razzle dazzle of a Lords”

sitting Friday. If he has been paying full attention this morning, I do not know how he can possibly have missed the wonderful tour de force of my hon. Friend the Member for Ealing Central and Acton (Dr Huq), who even occasionally addressed the contents of the Bill, as well as a wide range of other issues; the interventions of the hon. Member for North East Bedfordshire (Richard Fuller), who talked of “digital whatsits”; or the story from the Minister, no less, about the transit of cold, dead hands from Germany to the United Kingdom for the purpose of forensic investigation.

I find that we always learn something new on sitting Fridays. On this occasion, the most surprising revelation was not the gory story about the cold, dead hands; it was actually the revelation that this seems to be the only issue that did not appear in the 2019 Labour manifesto. We covered literally everything else. There was a policy on literally everything—no expense was spared—yet somehow, we overlooked forensic science regulation. No doubt, under the new leadership—the forensic leadership, no less—of the Leader of the Opposition, we will redress that imbalance. If only the omission of this policy area from the manifesto was the reason we lost the election—that would make things more straightforward for us than they are.

One of the other great things about a sitting Friday, as my hon. Friend the Member for Bristol North West (Darren Jones) assured me, is that finishing at half 2 gives people plenty of time to be back home in their constituencies in time for “Gogglebox”. I know he is an avid viewer.

Turning to the matter at hand, in his opening speech my hon. Friend set out very clearly why the Bill is important, specific and very timely. As we have heard, following the abolition of the Forensic Science Service in 2012, the responsibility for providing forensic services has fallen to the private sector and, in practice, to a fragile and often uncompetitive market, hindered by widening capacity gaps and dominated by a few big providers. That brings with it the likelihood of supply shocks and market collapse, exacerbated by the absence of fully enforceable quality standards. That is the central case for the Bill set out by my hon. Friend.

My speech will focus on the urgency and timeliness of making this a statutory regulator. The Minister has alluded to the fact that the Bill ought to have Government support. I hope that it will, because since the office of the Forensic Science Regulator was created in 2008, it has operated as an independent public appointee with Home Office sponsorship but has lacked the statutory powers it needs.

Indeed, the FSR’s annual report published in 2020 illustrates the consequences of having such regulation without statutory power. Forensic services carried out in-house by police forces are not subject to contractually mandated compliance with quality standards and so carry the risk of consistently lower levels of compliance. The report states:

“The Regulator regularly receives correspondence from commercial providers of all sizes complaining about the lack of a level playing field for compliance with quality standards. The Regulator welcomes the police requiring compliance through commercial contracts with their suppliers. It is however imperative that policing achieve that same level of compliance for their own internal services, whether those be long established disciplines or the more recent, digital field.”

The annual report also makes the point that the development of improved guidance on quality standards for taking forensic samples from complainants in sexual offence cases underscores the need for a regulator with the statutory ability to ensure adherence. The success of sex crime prosecutions relies on sexual assault referral centres minimising the chance of DNA contamination. There has been an example of DNA from one case contaminating the swabs from a different case handled on adjacent days in the same SARC, yet the commissioners of some SAR services are still reluctant to pay for the testing of their SARC environment to minimise the risk of contamination. Compliance with the quality standards set by the Forensic Science Regulator will mean that anti-contamination practices and testing will have to improve. When discussing a Bill that may appear very technical, we should not underestimate the human consequences of getting this right.

[Kit Malthouse]

The hon. Gentleman is exactly right. With regard to digital forensics, I remind him of the case of Liam Allan, where errors made by the police in the disclosure of digital evidence eventually led to the acquittal of the accused. Following that case, we saw a chill go through the prosecution of rape, to the extent that the number of rape cases brought to the courts plunged. We are still struggling with that issue, which points to exactly what the hon. Gentleman said about the confidence of the system in the forensic capability, practices and standards used to bring people to justice.

[Wes Streeting]

I am very grateful to the Minister for that intervention because it underlines the point I am making. There can be nothing worse for victims of serious crimes than knowing that the perpetrator has gone free because the forensics were not handled appropriately or sensitively, so we absolutely have to get this right.

[Kit Malthouse]

I just want to be clear that in the circumstances of the case I referred to, the person accused of the crime was found innocent as a result of further disclosure, which proved that person’s innocence. To an extent, it was a case that was prosecuted on possibly false pretences, because of poor digital forensic practices and disclosure.

[Wes Streeting]

I absolutely understand. I was referring to victims whose crimes are not punished, but it is important that the justice system gets it right. Sometimes people will be wrongly accused, and contaminated evidence giving a misleading impression is not a good outcome for anyone either.

The Forensic Science Regulator’s 2020 annual report also raises concerns about levels of compliance on the classification of firearms:

“It is unlikely that there will be a significant further move towards compliance while the Regulator has no statutory enforcement powers.”

Efforts have been made to incentivise police forces to seek accreditation, but that process is made more challenging by the regulator’s lack of statutory powers, particularly in the context of rising cost pressures. The 2019 “Forensics Review” found suggestions that that deficiency meant the police

“de-prioritised investment and meeting deadlines for accreditation”

and

“described difficulties in achieving accreditation for inhouse services digital functions. In some cases, accreditation was seen as an additional cost pressure amid a number of competing priorities.”

At this point, it is hugely tempting to talk about the cost pressures on police forces, whether the Metropolitan police, who cover my constituency, or Essex police, who cover yours, Madam Deputy Speaker. I will not go there, because you will very quickly rule me out of scope on the Bill, but it is none the less beyond question that if police forces are thinking about cost pressures and where to deploy resources for officers and the kit they need, there is a real risk. There have been occasions where police forces have not invested in forensics to the extent that they should have done because they had other, arguably more important priorities. Frankly, they should not be forced to choose. It cannot be right that police commissioners, commanders and senior officers are placed in that position. That is about the Government ensuring the police receive the resources they need and about having the regulatory framework in place to ensure resources are directed to the right place.

[Kit Malthouse]

I know the hon. Gentleman is not advocating a blank cheque for policing and recognises that there are always finite resources, but he alights on an important point. It is perhaps worth stressing the notion that investment in forensics and in making sure that forensic investigations are conducted to very high standards means there will be enormous savings on abandoned trials and prosecutions that go nowhere. He may well be right that some forces take a short-sighted view, but forensics should be a spend to save, because it will make the police force more effective.

[Wes Streeting]

The Minister makes a very good financial case for investing in forensics. It will lead not only to better outcomes in criminal justice but potentially to cost savings from resources. That does not mean that he should wander away from the manifesto commitment to replace almost all the police officers the Government have seen away in the past decade.

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[John Lamont]

I am grateful for that clarification. I suppose my point was more about compliance notices being issued during court proceedings and the impact that that would have. For example, would another provider then have to analyse the evidence, and could it be legitimately argued that the evidence had in some way been contaminated while under the care of the provider issued with the compliance notice? I want to make it clear that I am by no means an expert on forensic science and my concerns may be utterly unsubstantiated, but these are important points to consider during analysis of the Bill. I would be grateful if the Minister or the hon. Gentleman could give further clarification on them, not necessarily today but further down the line.

As I am acutely aware, justice is a devolved matter in Northern Ireland and Scotland, so this Bill of course applies only to England and Wales. However, one of the huge benefits of devolution is being able to look over the border, wherever that may be, to see what can be done better, or perhaps more importantly, what should be avoided. As a representative of the Scottish Borders, I see almost every day differences in policies either side of the Tweed, and their qualities and shortcomings, although I must point out that sometimes all nations collectively get it wrong. I am sure I do not need to remind Members of the exam results debacle over the summer, when all four Education Secretaries felt the heat from disgruntled parents and students simultaneously.

Despite the fact that justice is devolved, I would point out that the current Forensic Science Regulator plays a role across the entire United Kingdom. The Forensic Science Advisory Council, which is chaired by the regulator, has representatives from Forensic Science Northern Ireland and the Scottish Police Authority Forensic Services, which are deemed to be full partners. In written evidence to the House of Commons Science and Technology Committee, the regulator said that that allows for the implementation of the resulting standards in jurisdictions across the UK and that that

“will beneficially ensure the existence of UK-wide standards in forensic science.”

That is good news and means that we are all sharing best practice across all parts of this United Kingdom, ensuring that justice can be served in these islands.

I am a very firm protector and supporter of devolution, but to appease those who may not believe in common working between the nations of our United Kingdom I would happily point out that Her Majesty’s inspectorate of constabulary in Scotland stated in a report in 2016 that “there is no requirement” for the decisions of the advisory council to be implemented in Scotland. I think all right hon. and hon. Members can agree that this is a great example of the nations of the UK working together for the good of all, despite powers residing in the different capital cities of our country.

Another example of the Forensic Science Regulator having a role other than in England and Wales was when it was asked to review the performance of the Scottish Police Services Authority in the case of HM Advocate v. Ross Monaghan. I do not want to go into the specific details of this report, but it is important once again to flag up how this Bill may end up having an effect, however small, across the whole United Kingdom.

I want to return to the topic of biometrics. The Bill’s full name is the Forensic Science Regulator and Biometrics Strategy Bill. We have already heard from the hon. Member for Bristol North West why there is so little about biometrics in the Bill. I understand that “Erskine May” allows private Members’ Bills to have purposes that do not relate to their titles, but I am not sure whether the hon. Member intends to amend the name of the Bill as it progresses. We will have to wait and see.

[Kit Malthouse]

Just to confirm, should the House consent to the Bill’s progress, we intend to table an amendment to the title in Committee.

[John Lamont]

I am grateful to the Minister for that clarification.

I welcome the fact that there are no biometric measures in the Bill, as, to be honest, I think our biometrics strategy is far too large to be included in a private Member’s Bill. Recently, the Scottish Parliament passed the standalone Scottish Biometrics Commissioner Bill, which deals with how biometrics data should be used. That shows how big an issue it is, and why it should be dealt with separately.

Most people are relatively comfortable with a passport gate scanning our face or a smartphone using our thumbprint. Yet there are many legitimate concerns about the use of biometrics by police forces and privacy concerns about sharing our data. We recently saw the brave protesters in Hong Kong tearing down alleged facial recognition cameras as the regime tried to incriminate those marching against the national security laws. That is just one example of how the technology can be misused. I know that the hon. Member for Bristol North West has a keen interest in that, as he held a Westminster Hall debate on the topic last year.

It is clear that the House will support the Bill and I welcome its progression to the next stage. The dependability of evidence heard in our courtrooms, be they in England, Wales, Scotland or Northern Ireland, is one of the most important things that we can protect as legislators. Without a justice system that we can believe in and that we can trust, we cannot be a thriving democratic country.

I believe that giving statutory powers to the Forensic Science Regulator will help drive up standards throughout the country and I am happy to support that principle today.

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[Scott Mann (North Cornwall) (Con)]

First, I commend the hon. Member for Bristol North West (Darren Jones) for bringing forward the Bill and my hon. Friend the Member for Bolton West (Chris Green), who, as we have heard, tried unsuccessfully with a similar Bill in the previous Parliament.

I am far from an expert in forensic science, but I guess the beauty of private Members’ Bills and sitting Fridays is that we get a chance to explore things that we would not normally show an interest in. I have spent the last few days going through the Bills, the Select Committee hearings in the Lords and other things.

The Bill establishes the Forensic Science Regulator as a statutory office holder. The regulator can exercise those functions and powers in respect of forensic science activities for the purposes of the criminal justice system in England and Wales. The regulator will be required to publish, and keep under review, a code of practice about forensic science activities, subject to approval by Parliament. Among other powers, the regulator can investigate and take enforcement action in relation to forensic science activities carried on in a manner that risks prejudicing the course of legal proceedings.

Forensic providers for police forces need greater quality control when processing evidence. I know they are fictional depictions, but we see programmes on Netflix or drama shows all the time, where solicitors look at evidence and dig into it further, trying to find a way to say that it was not collected correctly, that it was incorrectly labelled, or that processes had not been properly followed. Although that is a depiction, there is probably a bit of validity regarding how the process operates, and it makes sense for us to have not poorer quality control, but much better quality control.

I welcome the fact that dozens of police forces across England and Wales are making improvements in areas of forensic science, such as fingerprint comparison data, the examination of crime scenes, and the extraction of data from digital devices. It is vital that the Government act quickly to provide statutory powers, which have been promised for a number of years. I welcome this Bill, which has my full support. There is a clear need to build public consensus and confidence in the quality of forensic evidence used in court proceedings, and the powers in the Bill will help that to happen. Our constituents demand that our systems are robust.

In 2019, the Science and Technology Committee in the House of Lords published a report on forensic science and the criminal justice system that highlighted a number of interesting and informative points. Forensic science has been under sustained scrutiny over the past 10 years, and that complicated discipline interacts with a wide range of fields, including science, policing, government, and law. Clear and deep-rooted challenges have been identified but not addressed, and the inquiry highlighted the importance of effective, robust, and high quality forensic science, and its contribution to the justice system. It also stated that we must enable a world-class forensic science regulator.

Forensic science applies scientific methods to the recovery, analysis and interpretation of relevant materials, providing data for criminal investigations and the court proceedings that follow. For both intelligence gathering and evidential tools, it is vital that we assist the justice delivery mechanisms. Forensic science is traditionally viewed as a collection of different sub-domains that share overarching principles, processes, and activities. Within those sub-domains there are a range of primary aims and variables in the scientific underpinning of those robust methods.

Professor Peter Sommer, Professor of Digital Forensics at Birmingham City university, summed those activities up well. He makes four relevant points. The definition is:

“‘Trace’ or ‘wet’ forensics: where a laboratory carries out…a series of standard tests to identify or match some material found at a scene of crime or associated with an individual…Interpretation: where the result of the examination of the trace is ambiguous but nevertheless some sort of inference or conclusion is desired. “Interpretation” may mean…a statistical probability of likelihood”

which leaves the door open to being challenged. His definition also includes:

“Reconstruction of events: where large numbers of different ‘traces’…and testimonial evidence are combined by a skilled investigator who produces a reconstruction of a sequence of events. Examples include road traffic accidents”.

Finally, there is opinion evidence, where an expert looks at a range of circumstances and offers an opinion based on skill, training and expertise.

Forensic science is rather unique, sitting in a nexus of science, law, policy and investigation. It should be viewed as a process that encompasses the crime scene through to court. Professor Claude Roux has said of forensic science that a free society is dependent on the rule of law, which in turn relies on the quality of access to justice. The Lords Select Committee’s report says:

“The evidence we received points to failings in the use of forensic science in the criminal justice system and these can be attributed to an absence of high-level leadership, a lack of funding and an insufficient level of research and development. Throughout this inquiry we heard about the decline in forensic science in England and Wales, especially since the abolition of the Forensic Science Service.”

This private Member’s Bill addresses many of these points. Professor Roux went on to say:

“When I was a student, England and Wales held, essentially, the international benchmark. It was the ‘Mecca’ for forensic science. Some 30 years later, my observation from the outside”

was that it had fallen away. In the past 10 years, there have been nine reports, each with numerous assessments of the state of forensic science in England and Wales and recommendations to address some of the challenges. In addition, there have been two influential reports from the United States with similar findings.

Some of the concerns that were raised were that major crimes could go unsolved unless the Government did more to support forensic science, that forensic science provision was under threat because the police were increasingly relying on unregulated experts to examine samples from suspects and crime scenes, and that cost had become a greater factor in the tendering process than quality. There was concern that without statutory powers to enforce compliance, which this Bill introduces, the Forensic Science Regulator could not ensure that science used in the criminal justice system would be carried out to the required standard.

[Kit Malthouse]

My hon. Friend is making a compelling speech and he is absolutely right to point out the vital importance of forensic science in the detection, prevention and prosecution of crime. Does he agree that we must also be careful not to see forensic science as a silver bullet for crime solving but rather as a tool for the police? I am reminded of a story that you will remember well, Madam Deputy Speaker, of the Night Stalker, a gerontophile who plagued south and south-east London for some 25 years, breaking into people’s homes, often those of elderly people, and assaulting and often raping them. The Metropolitan police pursued this man for many years. He was active for a while, then disappeared for a while, then came back and was active again. Enormous amounts of active effort was put into pursuing him on a forensic basis. DNA samples were gathered, analysis was done, and they identified where in the world this person might have come from. Other people from similar demographics were asked to come forward and volunteer their DNA. Still, they failed to find him until there was a rotation of the investigating officer. A new person was put in charge of the investigation who worked out that the police were not actually trying to catch a rapist. They were trying to catch a burglar who happened to rape at the same time. That change in investigative posture meant that they caught him within two weeks. Although forensics can be vital, sometimes they are not the silver bullet people hold them out to be.

[Scott Mann]

As always, I am grateful for my hon. Friend’s knowledge on this subject. He shares my passion for increasing the number of police on our streets and there is nothing greater than the police being out there when it comes to collecting data and evidence. I guess my view is somewhat clouded by the programmes I have watched on television where they solve the crime in an hour; sometimes it takes a little longer. I am grateful to my hon. Friend for pointing me in that direction.

The Lords inquiry considered the contribution of forensic science, and the understanding of forensic science evidence, in the criminal justice system. The Committee examined the scientific evidence base for different technologies and the regulatory framework that underpins the sector, and considered the instability of the forensic science market and research. It held 21 oral evidence sessions, had more than 50 witnesses and received 103 written submissions. The Committee visited the Metropolitan police’s forensic science lab on 6 October and observed forensic analysis, including fingerprint analysis, ballistic comparisons and digital forensic analysis.

A couple of things came out of the report that I need to highlight. First, on oversight, leadership and responsibility, and secondly, on research and development. On the culture and environment of oversight within forensic science, a consistent theme that ran through the report was the piecemeal nature of oversight and responsibility for forensic science in England and Wales. Should the Bill pass today—hopefully it will—it will alleviate some of these concerns. The Committee repeatedly heard that the system was not operating as it should and was in a state of crisis, threatening to undermine the justice system.

The Knowledge Transfer Network’s Forensic Science Special Interest Group—that is a bit of a mouthful—thought that there was

“a lack of clear leadership, oversight and governance across the wider forensic landscape. A fragmented and weakened marketplace, lack of funding for forensic research supporting the evidence base and a silo approach”.

As we have seen from many other organisations, silos never work well when people are bedded down into them. That led to some regions having different processes from others, whereas consistency is needed right across this thing.

That leads me on to my next point—the piecemeal nature of oversight. As forensic science is fragmented, there are challenges in developing a co-ordinated strategy, a sustainable marketplace and science with a strong theoretical foundation to underpin practice. That piecemeal approach has led to some of the serious and urgent problems facing the sector. Rebecca Endean, director of strategy at UK Research and Innovation, described forensic science as

“probably as disparate as it could be”.

While the Home Office has overall responsibility for forensic science, much of its application is in the courts, which fall under the remit of the Ministry of Justice. The then Minister of State at the Home Office, the right hon. Nick Hurd MP, told the Committee that there were “significant problems” trying to manage that, with one reason being that there had been such a fragmented approach over such a long period of time. He said:

“The response is to support a strategic approach that supports more collective leadership in addressing some of the key capability gaps and identifying the road map.”

He went on to say that he was trying to tackle some of those issues and intended to publish the results of the Government’s review into forensic science by the end of March 2019. It would be good to know whether that review was published, and whether Government support for that review led to the introduction of and support for the Bill.

The then Parliamentary Under-Secretary at the Ministry of Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), was clear that forensic science lay squarely in the remit of the Home Office, but said that the Ministry of Justice was supporting and assisting the Home Office. On why the Ministry of Justice did not have a greater role, given that forensic science is essentially about ensuring that justice is done, she said

“sometimes it is important for one department to lead on an issue”,

but agreed to think about how the Ministry of Justice could work better with the Home Office on forensic science.

Forensic science in England and Wales is now provided by private companies and the police. The fragmentation of certain aspects of this could undermine public trust. I do not want to see that; I want a consistent approach running through this. It is important to recognise that, with the Policing Vision 2025 and the Home Office forensic science thing, a much more joined-up approach is required.

The sustainability of the police force is vital, and as I have already alluded to in this speech, I am grateful for the investment that we are seeing in supporting retention of police officers and recruitment of new ones across the country. That is vital for me, knowing that my constituents can feel safe in the knowledge that evidence is being collected and sent to the right place.

The other part of the report was on research and development, and there are three main areas where it was felt that increased scrutiny was needed:

“The scientific validity of the approaches used to identify the source of a material or mark, and the challenges in addressing complex mixed provenance samples…The need to understand better the activity of materials to aid interpretation of forensic science evidence…and their implications for reaching conclusions”

when reconstructing crime scenes, and:

“Awareness of the importance of human decision-making in the forensic science process and the challenges of identifying factors which can affect judgments.”

In response to a very critical report published in the United States in 2009 by the National Research Council, the then President, President Obama, commissioned a study in 2015 to examine the scientific validity of different forensic science methods, which examined the DNA analysis of single-source and simple mixture samples, DNA analysis of complex mixture samples, bite marks, latent fingerprints, firearms identification and footwear analysis. The report found that many of those methods did not meet the scientific standards for foundational validity.

That was concerning at the time, because those methods were used routinely for court trials and there were concerns in the States that the methodology and pattern recognition in the analysis were a main contributing factor in many criminals’ missing out on proper justice. We need to rule out all ambiguity, as much or as best we can, in terms of delivering good-quality judicial practice across the board with evidence collecting. That is what leads me to think that the regulator is required and why I am supporting the hon. Member for Bristol North West today.

The work of the regulator should include advising the Government and the criminal justice system on quality standards, identifying the requirements for new and improved quality standards, leading on the development of new standards where necessary, providing advice and guidance so that providers will be able to demonstrate compliance with common standards, for example procurement and in the courts, ensuring satisfactory arrangements exist to provide assurance and monitoring of standards and reporting on quality standards generally.

In conclusion, I welcome and support the changes that are being proposed by the hon. Gentleman. I had rather a tour de force running through the forensic science this week, and I have really enjoyed it. It has been very interesting The Bill has my full support today; I will be voting for it and I hope to see it make progress through the House.

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[Craig Williams]

My hon. Friend is correct. I see this more as the exception than the rule. I alluded earlier to the consensus across a wide range of stakeholders, and I would not dare to rise to my feet in his presence and recommend something purely based on what a regulator said, but this is about the weight of stakeholders, alongside the regulator—who on this occasion is correct, in my judgment—encouraging us to do something.

I want to reflect on some live cases. We have heard today about the county lines raids happening across the UK. This is extremely welcome. County lines leave a scar across our country, but are felt most extremely in our rural communities, small villages and towns. I pay tribute to all the forces that took part in the raids conducted today and to the National Crime Agency. The raids lend themselves to showing the importance of the Bill, because they involved 43 regional forces in England and Wales and forensic science will play a huge role in turning those 1,000 arrests into convictions.

[Kit Malthouse]

I am grateful to my hon. Friend for raising that issue. He is quite right. I point out the critical role that forensic science will play in that exercise. By the appliance of science, as they say, we can connect telephones used for the prosecution of the drugs trade to people who previously thought they were anonymous to the extent that within sometimes just a few days of being notified of a number that has been used for the promotion of the drugs industry in a particular town or area, we can be through the door of that person, who is sometimes at two or three removes from the dealer.

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[Craig Williams]

My hon. Friend brings a sobering note to the debate. Clearly, we need the powers and the standardisation of the quality of evidence to ensure that our constituents are protected, but Parliament, having put them on a statutory footing, needs to keep playing an active role to watch that the fears that he describes do not arise. I would say that about any power that we give to any colour of Government.

To stick to my practical points, I underpin what I was saying about the county lines raids and welcome the quality of evidence. The Bill will bring more power to the persecution of those evil people. I also pay tribute to my force, Dyfed-Powys police, and its trailblazing efforts in forensic science, which have seen cow DNA used for the first time in a conviction earlier this year. Any hon. Member who represents a rural agricultural community will know that forensic science is changing the way that we police our great countryside and shires.

A farmer in Dyfed-Powys lost a heifer in 2017. Like any good farmer, he soon recognised it in a neighbouring field but of course could not prove it, and the case went on with Dyfed-Powys police for some years. Luckily, a breakthrough in forensic science proved through DNA sampling that the lost heifer, which was next door with a naughty neighbouring farmer who happened by chance to find that obviously prize-winning heifer in his field and who produced a fake cow passport and, indeed, fake tagging, was his. He was reunited with his cow and there was a successful prosecution. I am pleased to tell the House that there was a £4,000 fine and £500 in costs. It was indeed a very moving occasion for all of us in Dyfed-Powys.

[Kit Malthouse]

I am grateful to my hon. Friend for making, in a charming and agrarian way, a very important point about us having confidence in the forensic system. Forensic science is advancing all the time, and that holds particular promise in the area of cold cases. Those are cases where crimes—often heinous crimes—have been undertaken, but the evidence is just not there, and forensic science at the time had not reached a position where it could help with the prosecution. Often, the passage of time results in the deterioration of other evidence, such as witness evidence—people’s memories go, or the witnesses to a crime are not necessarily present —but the forensic evidence remains. The development of techniques that allow us to re-examine that evidence and put convictions in place is vital, and that requires a level of assurance and quality.

There is no case more illustrative than the conviction of the killers of Stephen Lawrence. Developments in forensic science led, 18 years after that heinous crime, to the analysis of one particular spot of blood on some clothing that was retained, which then led to the conviction of the individuals. While I acknowledge my hon. Friend’s quite sane, sensible and principled concern about state action, I remind him that, in this place, we regard the law as our protection, and often it is the absence of law that leads to the kind of state musculature that he is concerned about.

[Craig Williams]

I echo the Minister’s words: there is no crime too small or too large in this country that will not be helped to be solved by this incredibly important Bill and the underpinning of the quality of evidence.

I will conclude by paying tribute again to Dyfed Powys police. They not only led the UK—indeed, maybe the world—in the conviction of that particular naughty farmer who pinched the heifer, but they did the same with stolen sheep in 2017. These crimes are incredibly important to rural Wales and rural UK. The Minister mentioned some severe and heartbreaking crimes. In agricultural crimes, we will be able to turn on the criminals because of forensic science, if we can get the quality and the assurance right, so that wherever they are, no sheep rustler will be safe.

[Julie Marson (Hertford and Stortford) (Con)]

It is a great pleasure to follow my hon. Friend the Member for Montgomeryshire (Craig Williams). Before I address the provisions of the Bill, I would like to echo the words of the Minister in his point of order before the debate. As I have said in the House before and no doubt will say again, my father served in the Metropolitan police for more than 30 years. He was able to retire to his family. After last night’s events, one police officer will not be able to do that. That hurts our country, it hurts this House and it hurts the police family, of which I am a part. It also underpins what we are talking about today. We send police officers out in all circumstances for all sorts of reasons, and they deserve a criminal justice system and a Forensic Science Regulator that underpin what they do and the risks they take.

I very much welcome the Bill, and I congratulate the hon. Member for Bristol North West (Darren Jones) on promoting it. I also thank my hon. Friend the Member for Bolton West (Chris Green) for his work and welcome the cross-party debate and work to get this Bill into law. I welcome the establishment of the Forensic Science Regulator as a statutory office holder, which underpins the service very effectively. Cost is a valid issue to debate, but the value of this to victims and also to the accused, where we can adduce evidence to prove their innocence, is worth an investment of some magnitude, particularly given the advancement of science in this area.

 I welcome the fact that the regulator will be able to exercise its functions across the justice system in England and Wales, and that the Bill includes a power for the Secretary of State to extend its remit by regulations if necessary. I also welcome the fact that the regulator will be required to publish and keep under review a code of practice, subject to the approval of Parliament, which of course is very important in itself. Among its other powers, the regulator will be able to investigate and take enforcement action in relation to forensic science activities carried on in a manner that risks prejudicing the course of legal proceedings.

As I say, I am the daughter of a police officer. My dad did not really get involved in forensics, but he was involved in the technicalities, I suppose, of trying to solve crime. I remember him telling me about a man who was accused of murdering his mother. The man said he was at work at the time; that was his alibi. My father had to test that alibi by doing the relatively simple thing of finding a similar car and driving around, from the man’s workplace to the murder scene, to see whether it was possible to for that to be a workable alibi. He said it was not. The accused was never convicted, but my father always took the view that he got away with it on that occasion.

I think it is clear to us all that technology is advancing so much that the legislative framework needs to move, too. The point was made that biometrics is a whole new issue that perhaps needs to be included in a wider study. There are studies going on, and I welcome the fact that we will look at biometrics—the risks, the opportunities and the management of the data associated with it; the issues of privacy and civil rights that go along with that—in another forum and bring this all together in another Act.

As I say, I have had experience as a magistrate, albeit not as much as I would if I were sitting in the Crown court. Forensics has a fine history in this country, and we see it in our courts every day. It surprises me that fingerprint evidence was first accepted in British courts as long ago as 1901, which seems very early, although I suppose in the scheme of things it is almost unbelievable that we have moved on as far as we have.

The “jigsaw murders” were the first complex case solved by DNA evidence, back in the 1930s. The accused was the improbably named Buck Ruxton of Lancaster. The details of the case are not pleasant—although perhaps they are not as grisly as the Minister’s German hands incident—but it serves to emphasise how long this has been an issue. Forensic techniques were used in examining the cadavers; the life cycle of maggots was adduced to help prove where and when the victims were murdered, and other forensic techniques were able to prove that the victims were linked and that Dr Ruxton had killed them both. I am told that that case is very well known in forensic circles and that it is quoted often.

Let me fast-forward 50 years to the 1980s and a case that is much more famous for us all: the terrible story of two 15-year-old girls. The first girl took a shortcut on her way home from babysitting instead of her normal route home. She did not return. After a long search by her friends and neighbours, she was found raped and strangled on a deserted footpath. Using the techniques available at the time, police found that a sample taken from her body would match only 10% of males, but there were no other leads. As the Minister pointed out, good policing is still at the core of what we do, but there was a dead end for the police at that point.

Not long after, a second 15-year-old girl went missing. Two days later, her body was found in a wooded area, also savagely beaten, raped and strangled. The DNA evidence matched that of the first attack. At that point, a suspect was identified—a 17-year-old boy with learning difficulties who, under questioning, admitted to one of the murders.

Just after that, Alec Jeffreys, a genetics researcher at the University of Leicester who had developed DNA profiling with Peter Gill and Dave Werrett of the Forensic Science Service, did some more analysis. Using their techniques, Jeffreys compared samples from both murder victims against a blood sample from the 17-year-old boy and conclusively proved that both girls were killed by the same man, but not by the young suspect. He became the first person ever to have his innocence established by DNA fingerprinting. We cannot under estimate how important that is to the justice system. It is not just about convicting the guilty; it is about proving the innocence of people who might not otherwise have the capacity to do so themselves.

In an interesting twist, about a year later a lady overheard a man in a pub boasting that he had given a sample. Men in the area had been asked to offer samples and 5,500 men did so. The man said, “I did it for my mate because he didn’t want to get involved.” She reported that to the police and that man was the perpetrator. He was convicted of a double murder and, thankfully, is still in prison to this day.

DNA fingerprinting and forensic science have a long and esteemed history in our justice system. Long may it continue, and long may it continue underpinned by this Bill. Even yesterday, we could read in the paper about a burglar who was recently convicted of burgling an elderly man’s house. The police found a half-eaten biscuit at the scene of the crime. Who leaves a biscuit half eaten anyway? I don’t understand that! [Interruption.] The greed of the perpetrator meant that not only did he steal from the elderly gentleman, but he raided the cupboard and left a biscuit on the side. That enabled the police to capture his DNA and to capture another prolific burglar. It is a terrible, violating crime. The burglar was imprisoned just a couple of days ago because of that good work.

[Kit Malthouse]

My hon. Friend is giving a fascinating tour de force on the history of forensics. She is quite right about the history, and it goes even further back. I know she will recall—although not because she was present—the celebrated case of Dr Crippen, who was alleged to have murdered his wife and fled to the United States. On searching his home, the police found a torso under the floor of the house. Pathologists were unable to identify whether it was male or female. No limbs were ever recovered, the head was gone, and many of the bones of the skeleton had gone. However, on the torso there was a scar that was deemed to be commensurate with medical attention that Dr Crippen’s wife had undergone. Although there was some debate about the scar between the scientists, along with some critical forensic evidence concerning a fragment of pyjama, it led to his return from Canada and the United States, where had had fled, and to his eventual conviction and execution.

[Julie Marson]

I thank my hon. Friend for relaying that story. We talk about “CSI” and so on, but it goes to prove that there is nothing so fascinating as real life. We cannot escape the fact that real life is sometimes stranger than fiction.

My hon. Friend the Member for North East Bedfordshire (Richard Fuller) asked what biscuit it was. It was a Lebkuchen, apparently—the devil is in the detail.



When we evaluate forensics, we have to establish the evidence, both good and bad, and there have been examples of mistakes. Back in 2012, scientists, lawyers and politicians raised concerns about the quality of forensic evidence testing, arguing that the criminal justice system had become too reliant on lab tests without realising their limitations, which is certainly something we need to guard against. One man became the victim of those mistakes when, in the early hours of one morning, he had a knock at the door from the police, who told him he was being arrested for murder. When he asked what evidence there was against him, the police said that it was his DNA. He spent eight months in jail because of that mistake, before the DNA sample was found to be only a partial match and of very poor quality. Subsequent experts said that he could not be ruled in or out, and he was acquitted. It is therefore important that DNA should absolutely be up to the standards that we would expect of a robust and fair criminal justice system.

It is not just in the UK that potential issues with forensics can arise. In the US, the misapplication of forensic science in the form of DNA evidence contributed to 45% of wrongful convictions, while false or misleading forensic evidence was a contributing factor in 24% of all wrongful convictions nationally, according to the National Registry of Exonerations. That includes convictions based on unreliable or invalid forensic evidence, misleading expert testimony, mistakes made by practitioners and, in some cases, misconduct by forensic analysts. In some cases, scientific testimony that was generally accepted at the time of a conviction has since been undermined by new advances in scientific disciplines, which can cause real difficulties in getting a case back into court. Changing science is a phenomenon that I know is taking up much of the attention of some colleagues across the House, for different reasons, but it is really important in the context of this Bill.

It is important to humanise this issue because, as I hope the examples and anecdotes that I have described show, although it can seem very technical, it has real human consequences. There is also public interest in the UK becoming a pioneer in forensics and using it more and more in investigations, which is inevitable. The science is advancing at pace, and there is a new discovery around every corner. However, we should still consider the potential of human error to slip into diagnostics involving forensics. Owing to that interest in our leadership in this field, it is great that this House is looking at how to establish the correct legislative framework to manage those advancements sensibly. I am therefore pleased to speak in favour of the Bill.

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[Richard Fuller]

I would not go quite as far as saying it is an obsession, but there is certainly an interest in the Home Office in an authoritarian streak that we should be a little worried about. Contrary to what my hon. Friend the Member for Bassetlaw (Brendan Clarke-Smith) said about the benefits of regulation and a statutory underpinning in bringing forward efficiencies, my experience of regulation and statutory intervention in other markets is that they can have the effect of stifling innovation and putting to the back those who wish to challenge the modus operandi. My hon. Friend the Minister has come forward with a number of interesting stories, but he spoke with such zeal that perhaps he might help me when he responds to the debate by extolling the fact that the Home Office is strongly behind civil liberties in this country and sees no reason in the Bill for my concerns on that front.

[Kit Malthouse]

rose—

[Richard Fuller]

I see that my hon. Friend is prepared to intervene to reassure me.

[Kit Malthouse]

I am more than happy to give my hon. Friend that reassurance. I come, I guess, from the point of view of the Thomas More philosophy. I think it was Thomas More who said:

“This country is planted thick with laws, from coast to coast”.

He then asked whether, if those laws were chopped down,

“you really think you could stand upright in the winds that would blow then?”

I understand my hon. Friend’s caution about greater regulation, but these are matters of sensitive intrusion into personal freedom by the state. In those circumstances, I believe they are warranted in the cause of freedom and, as I said earlier, to shield us from an over-mighty state; to regulate, not only for a well-tempered market for provision but so that everybody, when they are presented in court before 12 of their fellow citizens for adjudication on their crimes, knows that the evidence is presented to a quality and standard in which we all, including them, can have confidence.

[Richard Fuller]

How impressive it is to hear a Minister from the Front Bench quote so directly from the classics! We usually only hear that from either my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) or the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, my right hon. Friend the Member for Surrey Heath (Michael Gove). To welcome the Minister to that pantheon of classic scholars, I congratulate him.

Maybe I can probe the Minister, or maybe provoke him, a little bit more on the Government’s view of the Bill. There seems to me to be some incongruity between exhortations about the independence of our police force from the interference or directions of the Home Secretary, which to a certain extent are part of the motivation for the Bill to achieve standardisation, and the use of a regulator to perform that enforcement through other means. Either we want the police to act independently and to make their own local decisions, or we wish to regulate and enforce them. I hope that how the Government, in providing a statutory underpinning to what is still, as all have observed today, a new—I guess that if “Quincy, M.E.” was in the 1970s, it is not that new—and rapidly progressing area of forensics, seek to balance the independence of the police with regulations can be considered in Committee. It is reassuring that there is such a broad consensus, including from the National Police Chiefs Council which indicates quite a wide range of support among our professional officers, that the statutory underpinning can be beneficial and a valuable aspect to bring forward.

The Minister and the promoter of the Bill will have heard the concerns raised initially by my hon. Friend the Member for Christchurch about the escalating costs of regulation. That is an issue I wish to return to as we look more broadly at the way in which regulators take their existing powers and, over time and usually with very little regard and oversight from this House, seek to extend their powers and expand their budgets. That is a matter I would like to bring to the attention of the Minister and perhaps he can refer to it in his remarks.

Before that, I would like to draw the attention of the House to some thoughts on this matter in the US. In particular, I do not know if the Minister has seen the “Seton Hall Law Review” paper by Professor Simon Cole at the department of criminology at the University of California, in which he cites some of the general problems with American forensic science and talks about the issue of standards. He also mentions 14 other problems with forensics, as they emerge in the United States. I would be interested to know if the Minister or the hon. Member for Bristol North West will consider them as we move forward. For example:

“Forensic science is inadequately resourced by governments to do what is asked of it.”

We are looking today at what the costs may be of providing a statutory underpinning, but are police forces comfortable that they have sufficient resources?

“Forensic science is insufficiently connected to “mainstream” science or “national science assets.””

The Government have a very strong agenda on promoting their data strategy. They have a very strong agenda on research and development, with significant increases in public expenditure, support, research and development. I would be interested to know whether the Minister has any thoughts, as we look at the Bill and at the future for forensic science and its application to law and justice, on whether the Government see a role for Government policy in that area.

Other problems were raised in “Seton Hall Law Review” paper:

“Forensic science testimony and reporting often over-claims—that is, overstates the probative value of the evidence.”

We have had a tour de force today about dead hands being transported from Germany, and about lebkuchen in forensic science—is that right? Not pfefferkuchen? [Interruption.] Okay, just to be clear on our kuchens. We must remember that one kuchen is not the same as the next. Is there a sense in which regulatory underpinning will enhance or evaluate whether forensic evidence is being used in a fair way in the judgment of cases?

The Minister himself spoke about the 12 citizens in a jury. If we are presented with forensic information about which we, if we are called on to a jury, have very little personal understanding, but it is presented with such authority and from a body that has a statutory underpinning, do we give more authority to that evidence than perhaps the evidence itself warrants? Have we investigated whether this doubling down on the potential value of forensic evidence is perhaps taking one strand of evidence and giving it a more forceful value in the deliberations of a jury? We must admit that, when we consider certain areas, we just look at the expert and think, “Well, they’re smarter than I am—they must be telling the truth. It’s a science and I don’t really understand it, but I know that I’ve seen it on TV.” In fact, in addition to “Quincy, M.E.”, there are 112 other TV shows and movies related to forensic science.

[Kit Malthouse]

rose—

[Richard Fuller]

Perhaps the Minister has watched all of them and can advise us.

[Kit Malthouse]

I understand the issue that the hon. Gentleman is raising, but he surely cannot believe that faulty or non-standard forensic evidence should be tolerated within the judicial system or that we should have no sense of regulation or, indeed, standards that need to be adhered to. Of course, he will also recognise that while forensic evidence, underpinned by statutory codes or otherwise, is entered into court as evidence, it is still subject to challenge, as is the skill, the technique and the science used, by defence counsel or, indeed, prosecution counsel, when it is entered in. It is part of our adversarial system of justice that, whatever evidence is put in is still open to challenge and is not taken as definitive, and it is then for the jury to make a judgment. If forensic evidence is offered and it is from an accredited organisation, which is reaching a certain standard or not, then we would hope that had some weight with the jury, but it does not absent it from challenge by the defendant’s counsel.

[Richard Fuller]

The Minister makes some very sensible points in rejoinder. Let me see if I cannot unpick some of them, although generally I agree with him, if I may say so. The point that I am trying to make, in the context of evidence being under challenge in a court, is that if the audience—in this case, the jury—does not have specific scientific knowledge and has been in a culture where forensic science is seen as always on the side of the good guys and always trying to do the right thing, and it is presented with evidence that has the authority of a statutory underpinning of standards, we are doubling and trebling down on the scale of what a defence barrister has to do to overcome the presumptions of a jury that is saying, “Oh well, it’s evidence, it’s expertise. I’ve seen it on TV and therefore it must be right.” My concern is that, with this marginal move to provide a statutory underpinning, we are in a sense giving another stamp of validation that makes precisely the challenge of juries, which he is saying is so important, a little bit more difficult.

--- Later in debate ---

[Darren Jones]

To give the hon. Gentleman a little comfort, the case that he makes will in fact be resolved by this Bill. The issue we have today is that when evidence is presented, the defence can say that it came from a provider that is not accredited compared with a provider that is accredited, because there is a lack of standardisation. The Bill, in enforcing standards, will mean that the very question being put to the jury is resolved because all providers will be accredited as opposed to some versus others.

[Kit Malthouse]

rose—

[Richard Fuller]

I will give way to the Minister and then respond to both hon. Members.

[Kit Malthouse]

To amplify that point, my hon. Friend and I may be drawing the line in a different place, but presumably he does believe that anybody who attends as a witness at court to present forensic evidence should have some kind of scientific qualification that is certified and held as a standard, and which therefore underpins the expertise they are giving? Presumably he does not think that anybody could walk in off the street and present forensic evidence. There needs to be such a regulatory hurdle, as it were, before they are allowed to appear as an expert witness. I guess what we are saying, as the hon. Member for Bristol North West (Darren Jones) said, is that we would like to get to a situation where the question in people’s minds about whether these people are amateurs, cowboys or actually know what they are doing—on both sides, because do not forget the defence can present opposing forensic evidence should it so wish—is settled earlier.

[Kevin Hollinrake]

Will my hon. Friend give way?

--- Later in debate ---

[Richard Fuller]

If I may say, that contribution from my hon. Friend has been one of the most valuable. He talked about how the Bill, in providing a statutory underpinning, will provide an opportunity for those listening to evidence to have more of a structure for what they are hearing that is completely independent from the case at hand. I am grateful to him for raising that.

I would like to move, if I may, in the second quarter of my contribution—or the second half of my contribution—to the broader issue of Parliament, regulators and the way in which we review the powers we give to regulatory agencies. Notwithstanding how a regulator is welcome in this particular sense, there are broader issues at stake about what Parliament and Government do next with regulators.

I point out to the House that this regulator will, I presume, be responsible to the Home Office—I hope so, because that is the only Department for which I have the data to hand—but 30 agencies already report into the Home Office, and that is of 413 agencies and other public bodies listed on the gov.uk website, all of which have an array of statutory or other regulatory enforcement powers. I ask hon. Members to consider when was the last time any hon. Member conducted a thorough review of any one of those agencies.

[Kit Malthouse]

I hesitate to intervene on my hon. Friend, but I think that in the early days of the Cameron Government, Francis Maude, the then Chancellor of the Duchy of Lancaster, undertook a thorough review of all bodies and quangos across government and consequently reduced the number significantly.

[Richard Fuller]

Indeed, he reduced it to the 413 I just mentioned. Heaven knows what it was before. It is evident that although the number may have reduced, parliamentary oversight has not improved. As politicians, we are far more interested in looking forward to the new and the additive than in looking in the rear view mirror to see how well the agencies we have already created are operating and whether they are keeping to their original scope. Are they implementing the powers that they have, whether or not statutorily underpinned?

--- Later in debate ---

[Shaun Bailey (West Bromwich West) (Con)]

I start my comments by paying tribute to police officer who we lost last night. It is always a tragedy when that happens. We cannot forget that ultimately our police officers are heroes, and we need to ensure that they have protection as they go out on that thin blue line, fighting to protect us all. In doing so, I also pay tribute to my police force, West Midlands police, and in particular our police in Sandwell, who have been doing a fantastic job in very difficult circumstances.

I pay tribute to the hon. Member for Bristol North West (Darren Jones). I am sure he is full of praise today—I do not know whether he is fed up with it or revelling in it—but this is a very well-thought-out Bill, and I will speak in support of it. I also pay tribute to my hon. Friend the Member for North East Bedfordshire (Richard Fuller), who, in a tour de force of a speech, has shown new Members such as myself how to do it on a sitting Friday. I do not know whether I will be of that calibre just yet, but hopefully within the next few years, I might be able to get to that standard. It was a really well-considered and well-thought-out contribution, and I listened with much interest.

I am very conscious of repetition; I am afraid that, unfortunately, I am probably going to say a lot of what hon. Members have already said. Right now, we have a non-statutory framework that, as many hon. Members have said, is toothless in many respects. Yes, it identifies requirements for improvement and it looks at quality standards to a degree, but it is ultimately the enforcement action that is the issue here.

To draw analogies in other spaces, let us take the example of advertising. It is regulated in a non-statutory way by the Advertising Standards Authority, which, similarly, cannot take enforcement measures to the extent of taking action against those advertisers. I draw that analogy having worked within that framework; I can see the frustration sometimes, when we see things that blatantly go wrong and should not happen, but the regulator cannot do much about it.

I support the notion that we would put those teeth in and enable enforcement on those issues, allowing a regulatory body to take matters up and to ensure that things are done in the right way. That is important, because let us look at what we are talking about here. Forensic science is not the only part of policing; it is not the only part of how we ensure that justice is done and, as my hon. Friend the Minister has articulated so brilliantly today, there are other parts of this patchwork, but it is a vital part.

Forensic science is not a silver bullet, nor is it the only thing we do in our criminal justice system. My hon. Friend the Member for Hertford and Stortford (Julie Marson) explained traditional police work well, with the story of her father and how he went about trying to bring about justice. He is a prime example of the other element of that patchwork of justice and police administration. None the less, forensic science is also an important part.

One of the things that has been drawn out in this debate today is the fact that crime is evolving and changing. My hon. Friend the Minister is a big advocate of the idea that the digital space is an evolving part of this crime framework. Indeed, so is the hon. Member for Bristol North West, particularly in his work on the on the Science and Technology Committee. It is an evolving space and we have to develop and adapt to ensure that, as crime changes, the regulatory underpinning that ensures that we get the investigation of those crimes right changes with it. From that point of view, it is imperative that we ensure that our regulators can take the actions that are needed.

We are talking about people impacted by crime. We are talking about human beings. As hon. Members have said today, we are not just talking about the “CSI”-type, big-level crimes; we are not talking about the high-profile stuff, because a lot of this stuff goes into the day-to-day, bread-and-butter crime that we talk about, which many of us get in our inboxes all the time. It is the constituent down the road who has had their house burgled. It is someone who has had something stolen from them that might not be valuable but has sentimental value. It is the things that make our constituents afraid at night and worry our communities. That is the reason we are here, in a way: to ensure that they are protected and looked after, and we can do that by ensuring that those crimes are investigated in the right way. That is what the Bill is trying to achieve.

Ultimately, this legislation is not controversial. I am sure the hon. Member for Bristol North West will agree with me when I say that these discussions have been going on for some time. I pay tribute to my hon. Friend the Member for Bolton West (Chris Green) for his work in this space; I forgot to do so at the start of my speech. These measures have been discussed for nearly a decade. We are not covering new ground in calling for the regulator to have stronger enforcement powers and to ensure that, when forensic science is part of an investigation, it is done properly.

I want to turn to the points raised about the cost. I appreciate that cost is always an important point, and as a Conservative Member of Parliament, fiscal responsibility is at the core of my beliefs. My research into this market shows that we are sometimes talking about costs in the region of £70 million—£70 million of public money. These are substantial figures.

[Kit Malthouse]

I just want to put on the record that the overall spend on forensics across policing is actually about half a billion pounds.

[Shaun Bailey]

I thank my hon. Friend for that clarification, which is helpful to the line that I am trying to pursue. Ultimately, to safeguard public money and ensure that it is used properly, there sometimes has to be an outlay. We have heard today about the £400,000 cost of this service being regulated properly. I do not underestimate how much money that is; it is a significant cost. But in the long term, it is perhaps a cost that we need to bear, to protect the half a billion pounds to which the Minister referred and to be fiscally responsible with taxpayers’ money, in the pursuit of ensuring that forensic science is done properly. That does not detract from the need to properly monitor, as I am sure we will, the money spent on ensuring that enforcement is done properly.

Many Members, particularly my hon. Friend the Member for Christchurch (Sir Christopher Chope), asked about enforcement of the existing codes of practice. The lawyers in this place—I believe the hon. Member for Bristol North West is a solicitor—will know that, just because a rule is there, it does not mean that it is necessarily followed. If someone feels, “There’s a rule, but if I don’t follow it, what are they going to do?” there is a temptation. I am certainly not saying that any of our fantastic providers of forensic services would not follow the rules, but the existence of a rule in itself is not an impetus to follow it. Just because something is there, it does not necessarily mean that someone will abide by it. That, I am afraid, is why we sometimes need enforcement action. We need to ensure that when people do not follow the rules—when they do not stick to the standards and do what they are supposed to do—there are consequences. From that perspective, I was not quite sure where my hon. Friend’s argument was going. We need to ensure that there is a real impetus to follow these rules.

I turn to the wider points raised about the digital space and the development of crime. We have seen reports time and again of issues in the digital space as it develops, because it is ever growing and ever evolving. Members have raised issues about the collection, handling and storage of data during investigations. Those issues will only grow and continue to be pertinent as this space develops. We will have an ongoing discussion about this for many years to come. This Bill is not the end of that discussion; if anything, it is the start of it. As times goes on, we must adapt our legislative framework and our enforcement framework. It will be key to the success of this legislation that the enforcement framework adapts to changes that occur as this space develops; it is vital to ensure that we are flexible.

I am conscious that other Members wish to speak, so I will try to refine my comments and allow others to come in. When forensic science gets it right, in conjunction with other parts of our criminal justice system and criminal justice framework, it gets it right. We can think of some examples of cases that have been solved through forensic science, such as the horrific crime against Stephen Lawrence and how those criminals were brought to justice. I can think of other more local crimes as well. The fact of the matter is that when we get it right in this space, we really do, and that is what the Bill is about. It is about getting this right for real people: the people we represent, the people who put us here to keep them safe. I believe that our first and foremost priority in this place is keeping the people of this country safe.

In conclusion, it is a pleasure to support the Bill. It is an absolutely fantastic contribution by the hon. Member for Bristol North West. I also pay tribute to my hon. Friend the Member for Bolton West for his work in this space.

--- Later in debate ---

[The Minister for Crime and Policing (Kit Malthouse)]

I thank hon. Members for their words of condolence, sorrow and support for the awful crime that was committed last night against not only a police officer but all of us.

Mr Deputy Speaker, it is to your loss that you have not been in the Chair for the entirety of this morning’s debate, because it has often considered profound issues such as liberty, law, crime, justice, freedom and the boundaries of the state. Although I have an extensive and detailed speech prepared, I am conscious that hon. Members want to continue on to other business, so I will truncate it, not least because many of the remarks made by hon. Members and, indeed, the Opposition Front-Bench spokesman would be repeated. Repetition is not alien to the Chamber, but I do not want to detain anyone longer than I need to.

I congratulate the hon. Member for Bristol North West (Darren Jones) on coming second in the ballot and on bringing this legislation to the House. He has worked constructively with me and the Department to get it into a shape where we are able to offer our support to it, not least in the light of the Bill that my hon. Friend the Member for Bolton West (Chris Green) put forward in the last Parliament, which also had Government support but sadly ran out of time.

I know that the hon. Member for Bristol North West had aspirations to take the Bill further with measures relating to biometrics, but unfortunately we are not able to support them at this time. I am grateful to him for acknowledging that issue and trying to build consensus, which we have seen exhibited on both sides of the House, and focus on where we are in agreement. As I said in an earlier intervention, we are committed—it is there in black and white in our manifesto—to building a robust legal framework in which some of those technologies, as they accelerate into all our lives, can be embraced by the police. I am hopeful of coming forward quite soon to update the House on what those plans might be.

The Government are committed to keeping our streets safe. Scientifically robust evidence is one of policing’s most important tools for investigating crime. Police forces spend approximately £500 million a year on forensic services, with about 80% by value conducted by police forces in-house. The successful prosecution of county lines gangs, as we have heard already, is often dependent on high-quality forensics, including digital forensics, DNA and cell site analysis. As I illustrated in an earlier intervention, it was critical to the conviction of some of the killers of Stephen Lawrence.

I want to put on record that, as has been said, this country has some of the world’s best forensic scientists in public law enforcement and in the private sector. Every day, their expertise is deployed to solve crime and deliver justice. I welcome the significant efforts they have made over the last few years in markedly improving turnaround times. They and policing colleagues have faced a number of challenges in recent years, however, including constrained resources and a growth in the volume of new sources of evidence, in particular digital material.

On digital forensics, it is important that police and other law enforcement agencies have access to the evidence they need, including digital data, to ensure that they can secure justice for victims. Most investigations now have a digital component, and I am clear that policing must have the capability and capacity to deal with the increased demand and complexity. This requires skilled investigators and digital experts, who can be helped significantly by better validated technology. That is why we have invested £15 million in the last year in the National Police Chiefs’ Council’s “Transforming Forensics” programme to develop innovative solutions to address the rising volumes and particular challenges faced in digital forensics across many crime types.

To improve criminal justice outcomes, a measure of regulation is required to underpin delivery, set standards, improve outcomes and provide the structure on which to build for the future, not just in digital forensics but across all disciplines. I believe that that principle has been broadly accepted across the House.

This morning, we have had a series of contributions from Members and I will try to answer the questions that I have been asked. If I cannot, I undertake that my team will review the footage and answer them in writing, so that as the Bill proceeds to Committee, as I hope it will, we can deal with those issues.

A couple of issues came up during the contribution of the hon. Member for Bristol North West, both prompted by questions from Government Members. The first was about the consequences for employees of an enforcement notice being issued by the regulator. Fundamentally, it is for the employer—the force in question—to decide whether the matter is misconduct or otherwise. One would hope that just the enforcement notice itself would improve compliance.

Secondly, there was a question about whether the codes have been published recently. The updated codes under the current structure were published on 22 April, but Members can be forgiven for missing that, given what was taking place at the time.

My hon. Friend the Member for Christchurch (Sir Christopher Chope), who sadly is not in his place, in what I think will in time become known as a Chopian intervention, asked about the expansion in costs from £100,000 to £400,000, having forensically gone over the previous Bill and the cost estimates. I am led to believe that the original cost estimate was, in the technical civil service term, a “rush job” and possibly not quite as accurate as it might have been. There has been extensive work since, and I am told that the current figure of £400,000 is much more robust.

We had a delightfully meandering speech from the hon. Member for Ealing Central and Acton (Dr Huq), who also sadly cannot be with us. She highlighted the need for quality control, although she drew an unfortunate delineation between public and private. In the end, a scientist is a scientist, whether in public or in private. One would hope, given the standard and world renown of British scientists, that the same level of service could be underpinned in both.

My hon. Friend the Member for Bolton West gave a long and detailed speech, which was worthy of the best traditions of this House in its forensic—forgive the pun—examination of this issue. It highlighted his commitment to the subject, shown most notably in the Bill he brought forward, as well as his background in this area and the expertise he can bring.

My hon. Friend spoke about the impact on smaller providers. We are alive to the possibility of detrimental impact on smaller providers in the area. We will work closely with them to ensure that they can deal with what is, frankly, an environment with which they should already be complying. At the moment it seems to be voluntary. It will, if the legislation passes, become compulsory. They might need some help—shall we say—to transition.

The hon. Member for Ilford North (Wes Streeting) gave his usual humorous speech, which was welcome as this can sometimes be a dry and technical subject. Incidentally, he mentioned getting home in time for “Gogglebox”. Apparently, Mr Deputy Speaker, I was mentioned on “Gogglebox” last Friday. Now there is fame. I never sought celebrity in this place, but finally I have made it. I think it was something to do with people snitching on their neighbours, which is not actually something I said, of course, but it made it on to “Gogglebox”. We look forward to hearing about the hon. Gentleman’s jury service. Hopefully he stays in that box in the court and not the other one.

The hon. Gentleman spoke about a level playing field. It is important to recognise that the imposition of this regulatory environment will create a much more level playing field and, I hope, satisfy the concerns raised by a lot of Members about the confidence with which courts can deal with forensic evidence, from wherever it comes—a public provider or whatever the individual company, large or small. There must be a known quantity of quality that sits behind all the forensic evidence that is adduced in this country.



My hon. Friend the Member for Grantham and Stamford (Gareth Davies) also raised the issue of cost and notice. The passage of this Bill and our attempts in a previous Parliament should give notice to providers that compliance and enforcement notices are coming, so they should start to get their act in order. We had a series of well informed speeches from the Government side—obviously, interest has been taken in the subject—with a number of questions that need to be answered. I propose to answer them in writing.

However, there is one Member I want to address specifically: my hon. Friend the Member for North East Bedfordshire (Richard Fuller), who reminded us all of how much we missed him during his extended recess between the elections of 2017 and 2019. The intellectual force that he brings to his arguments has caused me to question some of the issues that he raised. I give him my undertaking that I will go back and give them consideration. If he finds himself on the Bill Committee, I will be more than happy to tangle with him again on the philosophical issues that he raises. I ask him to bear in mind that what we are about here, in adducing laws and regulations, is protecting the public, not invading their privacy. I hold that dear to my heart, and I know he does, too. This Bill provides for the codes and regulations that the regulator puts in place to be approved by the Secretary of State and laid before the House. In that way, they get democratic consent for what he rightly points out is the possibility of invasion—in a just cause, but invasion nevertheless—of our fellow citizens’ privacy.

We should acknowledge that accreditation alone is not necessarily a silver bullet. As the regulator herself told The Guardian earlier this year:

“Achieving accreditation to a quality standard is neither the beginning nor the end of improving quality. Engendering a real culture of quality requires ongoing leadership and investment in people, processes and innovation.”

I could not agree more, and from what I have heard from Members across the House, I think they are broadly in agreement too.

Before I close, I would like to take the opportunity to thank publicly Dr Gillian Tully, whose term as regulator is coming to an end, for her excellent work and the dedication she has shown to the role. She is a first-rate scientist and a dedicated public servant. She has never been afraid to speak truth to power, and has tenaciously ensured that the issue we are debating today has not been allowed to fall. I regret that she will not be in post to exercise these new powers, but I hope very much that her successor will benefit from the legislation that she has done more than anyone to make happen. I am sure all Members will wish to join me in thanking her for her public service. I am grateful to everybody who has contributed to the debate.

Draft Surrender of Offensive Weapons (Compensation) Regulations 2020

Kit Malthouse Excerpts

Wednesday 23rd September 2020 General Committees

[The Minister for Crime and Policing (Kit Malthouse)]

I beg to move,

That the Committee has considered the draft Surrender of Offensive Weapons (Compensation) Regulations 2020.

It is a great pleasure to serve under your chairmanship, Ms Elliott. The regulations, laid before the House on 9 June, are made under the Offensive Weapons Act 2019. The Act is about tackling serious violence, including violence involving the use of knives, firearms or acids and other corrosive substances. It will prohibit the possession of specified offensive and unpleasant weapons, knives and firearms that would have devastating consequences if they were used violently. Members might recall the detailed scrutiny that was given to these prohibitions during the passage of the Act through the House. Our focus today is on the arrangements for surrendering the weapons to the police and for the payment of compensation.

The regulations reflect the principle that was recognised during the passage of the Act that prohibiting items that are currently lawfully owned impacts on the individual’s right to property. It was agreed by both Houses that it would be right and fair that the lawful owners of the weapons who surrendered them to the police in accordance with the arrangements we are making should be fairly compensated for the loss of their property. The arrangements for surrender and compensation will apply to England and Wales and will extend to Scotland and Northern Ireland in respect of firearms and related ancillary equipment only.

The regulations provide for a three-month surrender period during which the lawful owners of the weapons will be able to surrender their property to the police. If they wish to claim compensation, they will need to do so at the same time as the surrender using a form that we will make available before the scheme starts. We will also make available a values list setting out the standard levels of compensation for all the weapons that come within the scheme. A claimant can indicate on the claim form whether they accept the standard level of compensation or whether they are claiming a higher amount, which they are able to do, provided they can support it with a credible and up-to-date valuation. The regulations give some examples of the types of valuations that would be acceptable, but we have sought to avoid undue prescription. Our overarching objective is to compensate fairly those who give up their lawful property so that we can take these dangerous weapons out of circulation.

The claims for compensation will be processed by the Home Office. We will do so as quickly as practicable following the launch of the scheme. The draft regulations deliver the full intent of the measures set out in the Offensive Weapons Act to allow for surrender and compensation. I commend them to the House.

--- Later in debate ---

[Kit Malthouse]

I thank hon. Members for their contributions. I will deal first with the questions from the hon. Member for Croydon Central, who speaks for the Opposition. I hope that she will be reassured to have, from the person who led the fight against the last spike in knife crime in the capital, between 2008 and 2012, my personal commitment to dealing with what is undoubtedly an increase in knife crime over the past couple or three years. We are taking lots of action on that. Of course, we are, as she knows, rapidly expanding police capacity. The recruitment of police officers is going extremely well: we are well ahead of target on our first 6,000, and I am confident that we will get to 20,000 over the next two and a half years or possibly before. That will address many of the capacity concerns that she expressed.

On start dates, we have not yet agreed a start date. Given the current stage of the pandemic, we have to be careful about judging a time at which it is appropriate for people to travel to police stations and at which the police have capacity to administer the scheme. In discussion with the police, we are hoping to agree a date later this year, but we will have to see how the pandemic progresses.

On the standard rate of compensation and related questions from the hon. Member for Strangford, we had to set a base price somewhere and there were two considerations: first of all, that the administration of the scheme did not cost us more than the worth of the item; but, secondly, that by setting a bar too low we might stimulate people, frankly, to go to their kitchen drawer, find a knife and turn up to get some money for it. So, £30 was deemed an appropriate level, whereby we would not stimulate that kind of activity but that would still provide a fair level of compensation for the majority of people we are talking about.

I should just point out that obviously these regulations do not cover items such as Purdey shotguns; those shotguns are still perfectly legal, subject to licensing conditions, and will continue to be so. They do cover certain types of rifle and bump stocks, and a list of other weapons, which should, in theory, have been circulated to Members. I am happy to write to the hon. Gentleman with specific details about what might be on that list.

[Jim Shannon]

Perhaps I have got it wrong, and if I have I apologise to the Minister. As he knows, the firearms law in Northern Ireland is very different from the law here on the mainland; we need to have a licence for everything from an air rifle to a high-calibre rifle and so on, and in between we have shotguns. Any weapon that someone has that is not licensed is illegal. Therefore, if someone finds it as I have outlined, it is not as if it is legal any more. Does that mean that those shotguns perhaps do not come under this scheme? I just want to clarify that, to be sure. If it is an illegal weapon, and it is not held under a firearms certificate, then I ask the question: does it qualify?

[Kit Malthouse]

As far as I am aware, the intention of the scheme—I am happy to write to the hon. Gentleman to clarify matters, because, as he says, the arrangements in Northern Ireland are slightly different from those in the rest of the country—is just to compensate people for those items that were banned by the 2019 Act, which does not include shotguns. There will be a list of items attached to the form, with the standard list of compensations, and in Northern Ireland it will not include offensive weapons, other than firearms and ancillary equipment such as bipods, sights and those kinds of things. It is largely for firearms where there is, as it were, gas-assisted expulsion of ammunition. However, as I say, I am happy to write to him to clarify matters, so that he is clear in his mind and can communicate the requirements to his constituents. On the compensation issue that he raised, while there will be standard rates, it is possible for people to make a higher claim, subject to a valuation, and the regulations detail the types of evidence that can be offered to make a case for a higher valuation.

In a small number of circumstances, it may be the case that there are some items of historical importance. We are in conversation with Ministers at the Department for Digital, Culture, Media and Sport about how we might allow people to surrender such weapons, perhaps to museums or to other organisations, where that importance can be recognised. Hopefully, I have answered the questions that were asked and we can move towards consideration of the regulations.

Question put and agreed to.

9.38 am

Committee rose.

Serious Violence Reduction Orders

Kit Malthouse Excerpts

Monday 14th September 2020 Written Statements

[The Minister for Crime and Policing (Kit Malthouse)]

Every knife crime is a tragedy, and any victim is one too many. The Government are taking action on every level to cut crime and make our streets safer, but we know there is much more to do to protect the public and end the scourge of serious violence.



The case for urgent action is clear. In the year to March 2020 alone, 256 people were stabbed to death in England and Wales. Recorded knife crime rose to 46,265 in the same period, with a staggering 4,547 weapons offences committed by children last year. Thousands of people are seeking hospital treatment for stab wounds each year, with some offences never reported.



To save lives and prevent injury we must stop serious violence from happening in the first place. Too many people who carry knives and weapons go on to offend time and again, with 29% of offenders in 2019 having previous convictions. Our determination to break this deadly cycle of persistent offending led to our manifesto commitment to introduce serious violence reduction orders (SVROs).



Frontline police have long told us that stop and search is a vital tool to crack down on violent crime; it acts as a deterrent and helps keep knives and weapons off our streets. We have listened to them, and to the recommendation of the Centre for Social Justice, to propose a new court order to bear down on known offenders. These SVROs would give the police personalised powers to target those already convicted of certain knife offences—giving them the automatic right to search those who pose the greatest risk. These searches could take place without suspicion so that these known criminals could be stopped at any time.



The intention is for SVROs to complement existing stop and search powers and to prevent known offenders carrying weapons with impunity. Subject to the outcome of the consultation, a court would have the power to impose them following conviction for any relevant offence. They could then set the length of the order, which would apply from the moment the offender walked free, either while on licence or where there was no immediate jail time. The offender would then be more likely to be stopped by the police and searched to see if they are carrying a knife again. If caught out they would be brought back before the court where they could expect to receive a custodial sentence under the existing “two strikes” legislation brought in by the Criminal Justice and Courts Act 2015.



SVROs would empower the police to stop and challenge those who are known to carry knives. They will help to keep communities safer by giving officers a tool to help tackle the most dangerous offenders.



The Government hope that they will also help the police more effectively target their approach. We know that stop and search disproportionally affects black people, with the latest figures showing they are 9.7 times more likely to be stopped than those who were white. We are clear that no one should ever be targeted because of the colour of their skin.



We are consulting on the design of SVROs and welcome views on how we can ensure these important tools are used appropriately. Anyone with an interest in this important issue is invited to contribute, including those involved in law enforcement, victims of knife crime and their families.

This consultation will help inform our next steps in the fight against serious violence. It will run from Monday 14 September to Sunday 8 November, and will be available at:

https://www.gov.uk/government/consultations/serious-violence-reduction-orders.



I will also place a copy of the consultation document in the Libraries of both Houses.

[HCWS450]

Birmingham Attacks and Extinction Rebellion Protests

Kit Malthouse Excerpts

Monday 7th September 2020 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

By your leave, Madam Deputy Speaker, before making a statement on the Extinction Rebellion protests, I want to say how shocked and deeply saddened both I and the Home Secretary are by the incident in Birmingham in the early hours of Sunday. Our thoughts are with the families and victims of this appalling attack. The police have made a number of arrests overnight and it therefore would not be appropriate for me to comment further on an ongoing investigation. I am in contact with the chief constable, and the Home Office stands ready to support the force in any way it needs. Just a few hours after the incident, a man sadly lost his life following a stabbing in Lewisham, and we have also seen a serious shooting incident in Suffolk this morning.

I want to reiterate before the House that this Government are absolutely committed to tackling violent crime in all its forms. We have increased police funding, provided surge funds for those forces most affected by violent crime and set up violence reduction units to identify those at risk and to intervene early. We will do everything in our power to tackle violent crime and prevent more senseless loss of life.

On Friday night, Extinction Rebellion protesters used trucks and bamboo scaffolds to block roads outside the newsprinters works at Broxbourne, Hertfordshire and Knowsley, near Liverpool. These presses print The Sun, The Times, The Sun on Sunday and The Sunday Times, as well as The Daily Telegraph, The Sunday Telegraph, The Daily Mail, The Mail on Sunday and the London Evening Standard. The police reacted quickly on Friday night, arrested around 80 people nationally and worked throughout Saturday to clear the sites completely. In Broxbourne, approximately 100 protesters were reported in attendance. Assistance from neighbouring forces was required, with work long into the early hours to ease the disruption. Fifty one protesters were arrested for public nuisance and subsequently charged with obstruction of the highway. They were taken to three custody suites in Hertfordshire, Bedfordshire and London. Disruption concluded by midday on Saturday. All main roads remained open, including the nearby A10. However, there was disruption to the distribution of newspapers as well as for local businesses.

In Knowsley, a group of 30 protesters were reported in attendance alongside 10 observers, one legal adviser and one police liaison individual. Thirty protesters were arrested, with disruption concluding by 10.45 the next morning. These protesters were subsequently charged with aggravated trespass and bailed to appear before magistrates at a later date. Twenty four protesters also attended a print works in Motherwell, Lanarkshire in Scotland. In this instance there was no disruption caused and no arrests were made.



A free press is the cornerstone of a British society. The freedom to publish without fear or favour, to inform the public, to scrutinise our institutions and to stimulate debate on events that affect each and every one of us is indispensable. The actions of Extinction Rebellion were a direct challenge to this freedom and the values of liberty and tolerance that we hold dear. Extinction Rebellion claims to be an environmental campaign group, yet that worthy cause is undermined by its tactics. Its actions show that it is not interested in purely peaceful protest, dialogue and debate. Instead, it seeks to impose its view through this kind of direct action.

The right to peaceful protest is a fundamental tool of civic expression and will never be curtailed by the Government. Equally, it is unacceptable for groups such as XR to hide behind the guise of protest while committing criminal acts that prevent law-abiding citizens from going about their lives. All of us will remember the disruption caused last year as the group blocked roads and major transport routes. Police forces across the country were forced to divert resources away from tackling other crime in order to oversee those occupations. It is a terrible shame to see those counterproductive tactics revived in the midst of a pandemic, when we are only just recovering from the profound disruption of lockdown. Throughout the pandemic, our police officers have been on the streets every day working to keep the public safe and to stop the spread of coronavirus. In placing unnecessary pressure on our emergency services, the actions of the protesters are contemptuous not only of the police but of the public whom they seek to protect.

The irony is that the United Kingdom is already doing more to tackle climate change and decarbonise our economy than almost any other nation on earth. The UK is the first major economy to legislate to end our contribution to climate change by 2050. Since 2000, we have decarbonised our economy faster than any other G20 country. The Prime Minister has set up two Cabinet Committees focused on tackling climate change—one for strategy and another for implementation—discussing how Departments can go further and faster in meeting our legally binding 2050 net zero target. We are also hosting the next UN climate change conference, COP26, which will take place in November in Glasgow. It would be far more productive if, rather than plotting disruption and chaos, those behind Extinction Rebellion put their efforts into working with the Government to tackle climate change and build the green economy. While they persist in their current course, however, our message to those individuals is clear: if you plan to curtail our freedoms through criminal acts, be in no doubt that you will face the full force of the law. As a Government, we will not stand by and allow the livelihoods of hard-working people to be undermined by a minority using the pretence of tackling climate change to impose an extremist world view.

Extinction Rebellion’s actions have shown how the tactics of disruptive protests are changing. The Home Office has been engaging with police chiefs to understand the challenges they face and to assess how they can facilitate peaceful protest while not causing significant disruption and infringing on the rights of others with differing views. The Home Secretary and I are committed to learning the lessons of recent protests and ensuring that the police have the powers required to deal with the disruption caused by groups such as XR. I will keep the tools available to tackle this behaviour under constant review. As always, our thanks go to the police for their tireless efforts to respond to all manner of incidents, and particularly at this time when so many have worked so hard during the pandemic. I hope that the leaders of Extinction Rebellion will issue an apology to them for actions that have been roundly condemned by all mainstream opinion in our country.

By its actions this weekend, XR has done nothing to bolster the cause of fighting climate change. Rather, it has reminded us of the value of a free press and free expression and made us think about what more we may need to do to protect those freedoms. I commend this statement to the House.

[Sarah Jones (Croydon Central) (Lab)]

I thank the Minister for his statement and for advance sight of it. I will first turn to the awful events that took place in the early hours of yesterday in Birmingham. This terrible attack in our second largest city was an absolute tragedy. A young 23-year-old man lost his life, two people—a 19-year-old man and a 32-year-old women—suffered critical injuries and a further five people were injured. Our thoughts are with the family and friends of the man who was killed and all those injured in this senseless attack as well as those affected by other violent incidents in Lewisham and Suffolk, to which the Minister referred.

Like the Minister, I pay tribute to the first responders and emergency services who were on the scene rapidly to attend to the injured. They acted with dedication and bravery, and we are all grateful to them.

I would also like to pay tribute to the people of Birmingham. The police and crime commissioner for the west midlands, David Jamieson, told me this morning how calmly people were getting on with their business, despite this tragedy. That is a testament to the spirit of the people of Birmingham and the hard work of the local police to keep them safe. I also want to thank officers from surrounding forces in Lincolnshire and Staffordshire, who came to the city to help police locally and provide reassurance.

As the Minister said, this incident is the subject of an ongoing investigation, so we must not jump to any conclusions or prejudice any potential investigation or conviction. However, whenever such an incident occurs, there are of course serious questions that must be asked. What was known about the suspect, and when, prior to arrest? What systems were in place to respond to such incidents, and what systems would prevent such an incident from occurring again? As the picture becomes clearer, it is vital that these questions are answered and that any lessons are learned going forward.

More generally, all Members of the House will be deeply concerned about the wider rise in violent crime that we are seeing. As the former chair of the all-party parliamentary group on knife crime and violence reduction, I am all too aware of the seriousness of this issue. I know that West Midlands police, along with David Jamieson, the PCC, is taking this very seriously, and the violence reduction unit is doing some great preventive work in the west midlands. Does the Minister accept that over the past decade we have seen knife crime rise in every police force area in England and Wales, and that easing lockdown restrictions poses particular challenges? Does he further accept that rising violent crime must be urgently addressed?

Turning to the matter of Extinction Rebellion, I trust that the Minister will agree with me, rather than some members of his own party, in recognising that tackling climate change is the challenge of our generation. However, we also know that the free press is the cornerstone of democracy, and we must do all we can to protect it. As a result, actions that stop people being able to read what they choose are wrong. They will do nothing to tackle climate change. Those who break the law should be held to account. As the Leader of the Opposition said over the weekend, the actions of those who deliberately set out to break the law and stifle freedom of the press are completely unacceptable. Stopping people being able to buy the newspapers they choose and hitting small businesses in the process is hugely counterproductive. It does nothing to tackle the vital cause of tackling climate change. In fact, it sets it back.

On the policing response to the incidents, can the Minister confirm whether the authorities had any intelligence that these incidents might occur?

Today in the media, new laws have been mentioned by the Home Secretary. Can the Minister confirm what aspects of our current public order laws he believes are inadequate? Will he also confirm which aspects of the Coronavirus Act 2020 dealing with gatherings he believes leave gaps? Does he agree that we should not forget the many people who are concerned about climate change who wish to peacefully and lawfully protest, and that that right should be protected?

Climate change is one of the biggest challenges that this generation faces, and I am sure that many colleagues across the House have had the same experience as me. Whenever I go into a school, it is the children who want to talk about climate change and who cannot understand why we have not done more to tackle this existential crisis. The Government must do all they can to drive climate change up the agenda, and on this we will hold them to account.

[Kit Malthouse]

I am grateful to the hon. Lady for her remarks and her thanks to the police, which are very welcome, and also for clearing up a little confusion about the Opposition line on the XR protests. Her unequivocal support for the rule of law is very welcome.

On her questions, obviously there will be lessons to learn from the Birmingham attack. Like all these unusual events—and it is an unusual event, thankfully—there will be lots of analyses done post event and post the case that may be brought, if there are charges to be brought. We will then use our general networks and work in the Home Office to try to promote them in similar police forces. It is gratifying, as she pointed out, both with regard to that incident and with the protests in mind, that police forces have honed their ability to co-operate and provide mutual aid to each other very swiftly. Much of that has come out of the covid preparedness work to make sure we are able to deploy large numbers of police officers across the country if and when we need to. Certainly the response of neighbouring forces around Birmingham and Hertfordshire over the weekend was gratifying and very welcome.

In terms of the hon. Lady’s specific questions, the intelligence picture is not entirely clear. The fact that the disruption was successful would indicate there was not a police presence there to prevent the intervention. No doubt there will be questions asked about how intelligence around these protests can be improved. As part of that work, we will be looking at the tactics deployed by the protesters, not least the gluing on and locking on. That is a new phenomenon of the past couple of years, which has required the police to develop specialist teams and techniques, paradoxically using quite unpleasant chemicals to get people unglued. We will ensure that the police have got exactly the tools they need, from a legal and practical point of view, to deal with these kinds of problems swiftly.

Finally, I reassure the hon. Lady that we absolutely believe that peaceful protest is a key freedom and a key part of our way of life in this country, and we will do everything we can to protect it, but that also means protecting those who have different views from a protest group and ensuring that they can express their views, whether that is through the pages of The Daily Telegraph or, indeed, on the streets. Making sure that we have a sense of order around protest and debate in this country is critical to our freedom in the future.

[Bob Stewart (Beckenham) (Con)]

Would it be possible for us to release some of the pressure on the police and the courts by, when people are arrested for breaking the law, such as blocking the highway in some of these riots, removing them from that place, giving them a fixed penalty notice and telling them that it might appear if a background check is done on them in the future, although it might not be a criminal matter? That seems to me to be something that might help, but I am no expert—the Minister is. What does he say about that?

[Kit Malthouse]

That is a useful suggestion from my hon. and gallant Friend. He will know that during coronavirus we have been using fixed penalty notices—not in huge numbers, given the scale of the British population, but nevertheless to some effect. The post-match analysis will have to look at what impact they have had on behaviour and compliance and see whether we could use more pre-court or police-style disposals to great effect. However, the one thing we should stress is that at the moment our view is that where a crime is committed, it should be investigated and put before the courts if at all possible. Certainly I hope that will be the case in these circumstances.

[Kenny MacAskill (East Lothian) (SNP) [V]]

I thank the Minister for prior sight of his statement. I join him in deprecating the violence on the streets of Birmingham. Like him, my sympathy goes to the families and to the victims. We are grateful for the action by the police and agencies to address the situation and to reassure communities. Obviously due process will now apply. We also share concerns regarding violence perpetrated elsewhere, which shows why violence requires to be treated not just as a criminal justice issue, but as a public health matter.

Where I disagree with the Minister and differ from him in particular is that I very much regret his conflating that dreadful incident with the actions of Extinction Rebellion. The latter group perpetrated no violence—random or otherwise—nor is it a criminal gang, terrorist group or a deranged individual. Any attempt to portray those people as that is wrong and a dangerous precedent in a democracy. The actions carried out by Extinction Rebellion, both in Scotland and in England, were a peaceful protest. That should not be forgotten, and that remains legitimate. It is a group of young people, although not always entirely young, who care about the environment. That is a legitimate position to take. This action was not an attempt to close down free speech, and to suggest otherwise is disingenuous. All they were seeking to do was to disrupt the outgoing of print for a period of time. There was no cessation of the print being published. Indeed, it appeared online and at most delivery was delayed to some shops.

To equate that almost with actions such as those in Belarus and Hong Kong is fundamentally wrong. We must be very wary of overreacting. The protest replicated actions taken down through the centuries, from the Chartists, through the Suffragettes, to trade unionists and civil rights protesters, including over the poll tax. We might not all agree with Extinction Rebellion’s tactics, but we do have to accept it has a legitimate view and must be allowed to carry out its peaceful protests. Otherwise it is this institution that is threatened, as opposed to the right of free speech mentioned by the Minister.

On the acts of violence, will the Minister ensure that violence is treated as a public health and not simply a criminal justice issue, and that we must address its manifestations, on which progress has been made in Scotland? On the Extinction Rebellion protests, can we ensure that the right to protest that has been enshrined and protected in this institution and this Chamber throughout the centuries will remain? Opposing the views of particular titles is not interfering with free speech. Can I ask that the aim of this Government always be to protect peaceful protest?

[Kit Malthouse]

The hon. Gentleman seems to be a little confused. Holding a joint statement on two issues does not necessarily conflate them. It is a single departmental statement because I have had to deal with both issues. We could have had two statements, but it might not have been an efficient use of your time, Madam Deputy Speaker, or indeed the Chamber’s. There has been no attempt to conflate the two.

I am sorry that the hon. Gentleman has positioned the SNP outside mainstream opinion. [Interruption.] Well, you’re all expressing consternation, and speaking, smiling and laughing. I do not know why me expressing concern is worthy of derision. In truth, the vast majority of people in this country, and all mainstream parties in this country, have expressed alarm at the tactics of Extinction Rebellion over the weekend and its stated aim of disrupting newspapers’ ability to distribute their views and opinions because they do not agree with them. One of the first things that happens in extremist states and takeovers is an attempt to grip the television station, the radio station or the newspapers. Control of information is key so we need to take care with these things. I hope he will agree with me in time.

On violence and public health, the hon. Gentleman is quite right that we want a 360° approach to combating violence. As somebody who worked at City Hall between 2008 and 2012 fighting the last spike in knife crime, I know only too well the value of that approach. I held many meetings a decade ago with Karyn McCluskey, who was then running the knife crime efforts in Glasgow, in parallel with those in London, and at the time we were both successful in driving numbers down.

Finally, on the right to protest, as I said in my statement, we in the Conservative party absolutely and fundamentally grasp the fact that our individual liberty is based on a series of freedoms—freedom to associate, freedom of speech, freedom of thought, property rights—that are fundamental to our view of the world and which will remain so into the future.

[Marco Longhi (Dudley North) (Con)]

I, too, extend my condolences to the family of the person who died in the early hours of Sunday morning, and wish a speedy recovery to the others injured in the senseless knife attack in Birmingham. Will the Minister join me in condemning the suggestion by the West Midlands police and crime commissioner almost excusing the attack as resulting from pent-up frustrations from lockdown, and reinforce the message that violence of any kind is completely unacceptable and that those who break the law will face the full consequences of their actions? May I also invite the Minister to make an assessment of all the additional greenhouse gas emissions that arose from the demonstrations by Extinction Rebellion? I am thinking of the helicopter that hovered from dawn to dusk and of all the additional cars.

[Kit Malthouse]

I find the remarks of the police and crime commissioner inexplicable. We are in a sorry place if we ever accept that the primary responsibility for a crime does not lie with the criminal. While individuals have complex backgrounds, in the end, the primary responsibility has to lie with the individual who commits the crime; that is the only basis on which we can proceed sensibly in this area.

My hon. Friend is quite right. During the protests now and last year, I have often wondered what the carbon footprint is of the helicopter, which is fundamentally required in a public order situation, or the miles and miles of stationary traffic pumping emissions into what is an already difficult situation from an emissions point of view. Those who are involved in these protests would do well to think about those issues.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee, Yvette Cooper.

--- Later in debate ---

[Kit Malthouse]

I am more than happy to try to provide the information that the Chairwoman of the Select Committee requested. I am not aware of that particular phenomenon, but I will certainly make inquiries. She is right that the pandemic has caused issues in the criminal justice system. The courts recovery plan being published today—it may well have been published already—shows good progress in the magistrates court and more work to do in the Crown court. She is right that we want to minimise delays in bringing people to justice in this country, and that is what colleagues in the Ministry of Justice and the Home Office are focused on.

[Julie Marson (Hertford and Stortford) (Con)]

I join my hon. Friend in paying tribute to the first responders who had to deal with the attack in Birmingham and those elsewhere in the country, and I also pay tribute to my local police force in Hertfordshire, which had to deal with the attempt to shut down our free press over the weekend. My hon. Friend is a champion of the police, and as the daughter of a police officer, so am I. Will he confirm that he is committed to ensuring that they have the powers, as well as the resources, to deal with the disruption caused by groups such as Extinction Rebellion?

[Kit Malthouse]

I welcome my hon. Friend’s unequivocal support for the police, and she is quite right that Hertfordshire police did a good job outside the printworks in freeing up that fundamental liberty. We perhaps sometimes take for granted the fact that a newspaper giving us information from across the world will drop reliably on to our doormat. It would be treasured across the world to have such a vigorous and efficient press as we do.

I give my hon. Friend my commitment that we are in constant conversation with police forces and the National Police Chiefs’ Council about honing our response to protests in the light of new and emerging tactics. Over the last couple of years, we have seen those tactics from XR, and we will have to think hard about how we can ensure that her liberties and those of her constituents are maintained, while their right to protest is facilitated.

[Peter Dowd (Bootle) (Lab)]

I understand that some of my constituents were victims of the brutal attack in Birmingham on Sunday, so above all I want to join in passing on my condolences to the family of the young person killed in that attack. I cannot possibly imagine the distress, grief and disbelief they are feeling; they must be inconsolable and bereft. I also want to say to the families of the seven other people attacked, some very seriously, that I hope their loved ones will make the fullest recovery, both physically and psychologically.

The responsibility for this attack lies solely with the person who did it, but we all have a responsibility to support those affected by the attack. I welcome the Minister’s assurances that the necessary resources will be given to West Midlands police to investigate this particular matter. In addition, will he assure Members of his commitment to victims and their families being given all the support they need in the coming weeks, days and months?

[Kit Malthouse]

I welcome the hon. Gentleman’s remarks. He is right: all killings are senseless, but there is something particularly tragic about people being killed and injured who had gone into a city centre to have fun—to enjoy the night-time economy post-lockdown, never expecting to encounter this kind of awful tragedy. So I join him in extending our sympathies, and I know that West Midlands police has deployed significant family liaison resources to support families both from the city and who were visiting from outside who got embroiled in this awful tragic act.

[Selaine Saxby (North Devon) (Con)]

Extinction Rebellion’s actions on Friday night were an attack on our society, our way of life and our freedoms. Having had to listen to all the commotion and speeches from my office during Extinction Rebellion’s protests last week in Parliament Square, it is clear that the group is intent on disrupting society rather than working together with this Government and their strong green agenda to tackle climate change. Will my hon. Friend ensure that activists who pursue these guerrilla tactics will feel the full force of the law for their actions?

[Kit Malthouse]

My hon. Friend can be reassured that where a crime is committed, whether by a protestor or otherwise, it should and will be investigated and charges brought.

[Barry Gardiner (Brent North) (Lab)]

I disagree with XR’s strategy of targeting the press, but there is an irony in a Government who are renowned for avoiding the scrutiny of the mainstream media and happy to undermine the impartiality of the BBC and to welcome Fox News to these shores, now posing as the protector of free speech in order to suggest they may change legislation to criminalise peaceful disobedience by Extinction Rebellion. Is the Minister not ashamed to bracket in this statement peaceful protesters with murderers on the rampage, and will he, for the record, unequivocally acknowledge that the XR protesters were peaceful?

[Kit Malthouse]

I am happy to acknowledge that the XR protesters were peaceful, although crimes were obviously committed in the process of that peaceful demonstration. As I explained earlier, we are covering two subjects in this one statement more for the efficient use of the House’s resources than to conflate the two subjects.

On the issue of free speech, the hon. Gentleman gave himself away slightly by deprecating those on this side of the House for welcoming Fox News “to these shores”, I think he said; he obviously believes in free speech as long as people agree with him.

[Chris Loder (West Dorset) (Con)]

It is less than three months since I stood in this Chamber the last time after similar tragic events in Reading, and I am greatly concerned that these attacks continue and would like the Minister, please, to outline what decisive action the Government are taking to stop these horrific attacks continuing.

On Extinction Rebellion, I am afraid its disruptive, costly and often illegal protest risks severely undermining the important debate on climate change and our environment; blocking roads into hospitals and the like is just not the way to do it.

[Kit Malthouse]

My hon. Friend is right to be concerned about violent crime, and we all are; that is why the Prime Minister has set up the criminal justice taskforce, which will be meeting this week, and which will discuss on a monthly basis what our response to all manner of crimes, but in particular violent crime, should be. As he knows, we are recruiting 20,000 extra police officers over the next three years. We are about 4,500 into that recruitment campaign. Adding that to previous commitments, we are approximately 9,500 police officers up on 2018, which will help. We are putting money into violence reduction units and indeed into surge funding for police forces that are affected across the country. Later this month, I will be starting a series of meetings with large forces to talk to them about their murder prevention strategies, to make sure that everybody has one in place.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I welcome, in the warmest possible terms, the very robust defence of the freedom of the press that we heard in the Minister’s statement. As he says, the freedom of our press to scrutinise our institutions is indispensable. With that in mind, and perhaps with the benefit of hindsight, I wonder whether he would agree that it was somewhat ill-advised of the Government in February to exclude a number of media outlets, including the Daily Mirror, The Independent and HuffPost, from Government briefings. Can he tell us whether we would expect to see him accepting an invitation to appear on “Good Morning Britain” any time soon?

[Kit Malthouse]

I know my place, and I will be deployed at the behest and instruction of my superiors to perform on screen, in the press or on the radio—wherever is required. I hope that, over quite a long career in politics—local, regional and national—I have never shied away from a challenge and my view is, “If you are not willing to go out to defend a policy, why are you putting it in place in the first place?”

[Antony Higginbotham (Burnley) (Con)]

The unacceptable actions of Extinction Rebellion show a consistent disregard for the lives and livelihoods that they disrupt. Does my hon. Friend believe we should hold Extinction Rebellion to account, not just for the significant public sector costs that rack up with the action it undertakes, but for the significant lost income that businesses across the country have suffered as a result?

[Kit Malthouse]

My hon. Friend raises a very important point. He is right that these protests are not costless. Aside from the costs to the businesses affected, there is a large overtime bill to be covered. Of all the costs, the most profound and alarming is the opportunity cost; those police officers who are spending time ungluing protesters and dismantling scaffolding are not spending time preventing knife crime, murder, rape or domestic violence. There are other much more vital activities that could be performed in the communities they serve.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I would like to thank both Front Benchers for their kind words about our city, and to express my deep thanks to the people of Birmingham, to its police force and ambulance service, to David Jamieson, who has been misrepresented here today, quite grossly, and to Dave Thompson of West Midlands police force. They have worked tirelessly and will continue to do so, as they always do, to keep people in Birmingham and the wider west midlands safe. The Minister said today that he would do anything and Birmingham would have the resources it needed to ensure that this crime can be detected and victims will be looked after. Will he guarantee that the uplift in police force numbers—of course, in the west midlands, in Birmingham, we have had a loss of 2,000 officers since 2010 and an uplift of only 1,200— will be fully funded for the next two years? [Interruption.] Those are the figures—absolutely. Will he guarantee that that will be funded for the next two years?

[Kit Malthouse]

Obviously, I acknowledge the profound shock that this crime will have caused the hon. Lady’s community. I recognise her remarks and join her in expressing sympathy to all those affected, and I acknowledge the wider shock within Birmingham. This year’s uplift in police officers in the west midlands, which I believe is 366, is certainly fully funded. We have yet to decide the allocation of police officers across the country, but our commitment to 20,000 extra police officers over the next three years is unshakeable.

[Miss Sarah Dines (Derbyshire Dales) (Con)]

Extinction Rebellion’s attack on Friday night was indeed an attack on our society, fundamental freedoms and way of life. Does the Minister agree with me and with my law-abiding constituents in Derbyshire Dales, who are emailing me in droves about law and order at the moment, that activists who pursue these illegal, guerrilla tactics should feel the full force of the law immediately?

[Kit Malthouse]

I agree completely with my hon. Friend. She is right that all right-thinking people of this country have been outraged by tactics that are perceived as striking at one of the foundations of our freedoms. Although it might seem like a small thing, a one-off event and a peaceful protest, there is something about it that has unsettled people significantly. They want to see consequences for those who perpetrated it, and I certainly hope that will be the case.

[Bill Esterson (Sefton Central) (Lab)]

A member of the family of one of the victims of the horrendous Birmingham knife attacks spoke to me yesterday and again this morning. The victim was with a group of friends, and the family are very grateful to those friends, the police and the paramedics, who almost certainly saved his life. He is seriously ill now in hospital. Sadly, they were unable to do the same for the other of their friends who died.

The Minister spoke of his experience when he was at City Hall. I ask him to reflect on the fact that we still face far too many knife crime attacks, and that far too many people are losing their lives or being seriously injured. What preventive work can and should be done? Not least, what can be done to address the under-provision of mental health services, which we know about from recent knife attacks?

[Kit Malthouse]

I am obviously grateful for the hon. Gentleman’s remarks. He is right that the solutions to knife crime are complex. As I learned between 2008 and 2012, there is no silver bullet that will drive the numbers down. However, our experience of those four years is that they can be driven down through a combination of things, including strong enforcement by the police. As he knows, we have given the police extra powers on stop-and-search—although it is controversial, we know that there are people with knives out there tonight, and our only viable tactic is to stop them, search them and remove the knives—while we create space to do long-term diversionary work with younger people, whether it is moving them away from gangs, crime and drugs, or identifying and dealing with their mental health issues early. There is a variety of things on the menu required to do it, and we will be working hard in the Home Office and across Government to put those measures in place.

[Martin Vickers (Cleethorpes) (Con)]

Like citizens up and down the country, my Cleethorpes constituents have genuine concerns about climate change. However, on the whole they support the balanced approach that the Government are taking, unlike those in XR. Many among the leadership of XR have political motives and seek to undermine the institutions that hold our society together. I urge the Minister to do all he can to identify these people and bring them to justice so that those who have genuine concerns within the XR movement can proceed in a more orderly fashion.

[Kit Malthouse]

I hear what my hon. Friend says, and he is quite right that the great silent majority, for whom climate change is very important, want to see it addressed, but in a measured, moderate way. He should be reassured that over the last week or so the police have made more than 600 arrests in relation to these protests. Obviously, those individuals will be going through the investigation and charging process to make sure they face, where appropriate, consequences for any crimes that may have been committed. I hope he will have seen, given the dwindling numbers of protesters over the past week or so, that that approach is having an effect.

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

Last year, this House agreed with, among others, Extinction Rebellion that we are now living in a climate emergency. Does the Minister accept that this Government have failed the many, many peaceful protesters and campaigners with their inaction and lack of ambition? Does he also accept that if he wants to enact real change, he should look to adopt the expertise and policies of the world’s most progressive and ambitious climate change leaders—the Scottish Government?

[Kit Malthouse]

I thought the hon. Gentleman was going to refer to Costa Rica, which is, of course far ahead of Scotland in terms of its expertise and the use of technology to solve climate change. We bow to no one in our record on climate change. The previous two Prime Ministers and this one are absolutely committed to our target of net zero emissions by 2050. We are making enormous advances: not least the hon. Gentleman will have seen the reduction in the use of coal in our power industry, which is now virtually eliminated—the first country of any major country across the world to do that. As I said during my statement, we have a record of which we can be proud. He is right that there is much more to do, but that does not mean that we have done nothing and, indeed, that we have not made significant progress.

[Mr Steve Baker (Wycombe) (Con)]

As we rise to tackle the very real environmental issues we face, does the Minister agree that what we need is reason, vigour and practicality, not alarmism and revolution?

[Kit Malthouse]

Always the voice of reason and moderation, my hon. Friend is quite right and, as usual, consistent. He is a technologist and so am I. Science has solved all of humanity’s problems over the decades, and I am sure it will solve climate change just the same.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We do not have contact with Khalid Mahmood, so I call Robert Courts.

[Robert Courts (Witney) (Con)]

Clearly, the right to protest must be protected, but so must free speech and access to the free press. Will the Minister confirm that, when protest tips over into criminality and the police have to take action, they will be supported?

[Kit Malthouse]

My hon. Friend puts his finger on the button, and I completely agree with him.

[Madam Deputy Speaker]

I understand that Khalid Mahmood has had to withdraw, so I call Steve McCabe.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I also want to offer my thanks to the police and the emergency services who dealt with the incident in Birmingham. The suspect in Birmingham appears to have been arrested in a house in multiple occupation in a residential part of my constituency. By happenstance, I had a useful discussion today with officials at the Ministry of Housing, Communities and Local Government about the dangers of an over-concentration of HMOs and non-commissioned supportive accommodation in particular areas. I want to express my thanks to the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Thornbury and Yate (Luke Hall), for arranging that. Does the Minister agree that if this person was resident at such accommodation, it further raises safety and security concerns regarding that type of accommodation and suggests that the Home Office as well as MHCLG and the Department for Work and Pensions should be involved in any review?

[Kit Malthouse]

I obviously cannot comment on the particular circumstances of the investigation, but one of the things that we do know is critical in making sure that people do not become offenders—or, indeed, reoffend if they are released from prison—is that they have good, adequate and high-quality housing. I will have meetings with colleagues from MHCLG to discuss the role that they can play in our fight against crime.

[Anthony Browne (South Cambridgeshire) (Con)]

I am a journalist and an environmentalist. I used to be environment editor of The Observer and The Times. I am currently chair of the all-party parliamentary group on the environment, and I have seen around the world that those countries that have a free press are far better at tackling environmental problems than those countries without a free press. Will my hon. Friend join me in condemning Extinction Rebellion’s assault on the free press, and does he agree that such attacks on free speech will ultimately do more harm to the environmental cause than help it?

[Kit Malthouse]

I completely agree with my hon. Friend. Of course, the paradox, or even the tragedy, of the protests is that I understand that the edition of The Sun that was prevented from being distributed contained an op-ed from David Attenborough—no less—extolling the virtues of climate change action and urging Sun readers to do their bit on global warming. Ten years ago, nobody would have dreamt of that opinion appearing in that newspaper, and it shows how far the argument has been advanced by peaceful means. This protest runs the risk of setting the debate back rather than moving it forward.

[Mrs Heather Wheeler (South Derbyshire) (Con)]

I thank my hon. Friend for his statement today. Does he agree with my South Derbyshire constituents that no one is above the law and that the illegal activities of Extinction Rebellion must mean that they face the full force of the law?

[Kit Malthouse]

I completely agree with my hon. Friend and her constituents. When a crime is committed, it should be investigated, whether it is under the guise of protest or otherwise.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

The appalling series of attacks that we saw unfold in my constituency, right at the heart of our great city of Birmingham, were truly shocking. My thoughts and deepest sympathies continue to be with the man who was tragically killed, those who were injured and all their loved ones. Given the rising levels of knife crime in Birmingham, which now has the second highest numbers in the country behind London, what further urgent steps will the Minister take to get to grips with this epidemic and prevent yet more people from being killed and injured on our streets? Will he also stop expecting urban police forces such as West Midlands police to do more with less, and commit to funding them in a way that is commensurate with the risks that areas such as mine face?

[Kit Malthouse]

I obviously recognise the challenges, in urban areas of this country in particular, and I know that the hon. Lady will be pleased to hear that we have provided many millions of pounds of surge funding to West Midlands police, alongside money for the violence reduction unit and, of course, the money to allow the uplift in the numbers of police officers. At some point this autumn, I will be visiting that force again to talk about its murder prevention strategy. I will then be able to take a better view about how prepared it is to help us in the fight against this kind of crime.

[Sir George Howarth (Knowsley) (Lab) [V]]

On behalf of the people of Knowsley, may I express our solidarity with the people of Birmingham? In a free society, peaceful protest is important, as is a free press, but does the Minister agree that that does not extend the right to any group to prevent the people of Knowsley from going about their lawful business? Will he also confirm that the police have all the powers they need to prevent the unfortunate events that took place in Knowsley and elsewhere over the weekend from being repeated?

[Kit Malthouse]

I am grateful for the right hon. Gentleman’s support, and he is right to say that, beyond the freedom of speech arguments, the workers in that plant would have been significantly affected and probably unable to leave work that evening. We are constantly reviewing the powers that the police have. Merseyside police managed to deal pretty effectively with that protest, having it cleared by 10.45 the next morning, but it is our duty constantly to ensure that we review police powers in the light of new and emerging tactics, and that is exactly what we will do.

[Lee Rowley (North East Derbyshire) (Con)]

As the Minister has rightly said, our thanks go to the police for all the difficult work they do. The right to protest is a fundamental one, as is equal treatment before the law. Will he reassure me that, irrespective of the perceived worthiness of the cause, there will be equal treatment when protest occurs, and equal sanction where necessary?

[Kit Malthouse]

Obviously the decisions to charge, prosecute and hand out whatever sentence may be appropriate are a matter for those who are not under my control, happily—the police, the Crown Prosecution Service and the courts—but I know that they all have in mind the fact that confidence in the criminal justice system comes from exactly what my hon. Friend says, which is that everybody, whether he be aristocrat or commoner, is treated equally.

[John Spellar (Warley) (Lab)]

My hon. Friend the Member for Croydon Central (Sarah Jones) on the Front Bench rightly commended the people of Birmingham for going calmly about their business today. Unfortunately, that might be happening because such violent incidents are far too common on our streets now, and quite frankly, this is the shocking legacy of the right hon. Member for Maidenhead (Mrs May) during her time as Home Secretary. Her slash-and-burn approach to the police led to the loss of 2,300 police officers in the west midlands, as well as equally valuable police community support officers and civilian support staff. The inevitable outcome has been surging crime and antisocial behaviour, terrorised neighbourhoods and the criminals ruling the streets after dark. So will the Minister now not just talk the talk about the number of police, PCSOs and support staff, but provide the cash from central Government as well, and not just for one or two years?

[Kit Malthouse]

I am sorry the right hon. Gentleman sought to ascribe blame elsewhere other than with the perpetrator of this awful crime. The basic premise of his attack is completely wrong. When I was deputy Mayor for policing in London dealing with a not dissimilar spike in knife crime, both in the capital and indeed across the country, it was at a time when police officer numbers were at an all-time high and Gordon Brown and Tony Blair were spending money like water. The two are not connected. The causes of knife crime are complex and difficult. It behoves us all to take a serious non-political view and look at a 360° approach to tackling knife crime together.

[David Linden (Glasgow East) (SNP)]

If we take at face value—I am being quite optimistic here—that the Minister does have a commitment to tackling climate change and this is not about making political points about XR, can I ask him, if he is serious about tackling climate change, when the Government will bring forward a vote on the climate and ecological emergency Bill?

[Kit Malthouse]

That is a matter, obviously, for the Government business managers. It is above my purview to be able to predict. The hon. Gentleman, to avoid any doubt, should know that I have long been an advocate of the hydrogen economy and was the chair of London Hydrogen Partnership for eight years. Indeed, I have been a proponent of a non-fossil fuel economy for the past 20 years or so. To me, science is the solution, rather than trying to batter us over the head with alternative views.

[Dr Julian Lewis (New Forest East) (Ind)]

It is true that various brands of Corbynism are a little less popular these days, but does my hon. Friend agree that fining a climate change denier £10,000 for an anti-lockdown protest sets a benchmark which should equally apply to those who break the law in pursuit of more fashionable causes?

[Kit Malthouse]

As the right hon. Gentleman may know, a number of fixed penalty fines have been handed out over the past few days for all manner of contraventions of the coronavirus regulations. No doubt some may be disputed, but we shall see in the end where the courts decide.

[Patrick Grady (Glasgow North) (SNP)]

I think those of us who are concerned about the climate emergency should maybe thank the Minister, because with such a grandstanding statement he is actually giving Extinction Rebellion exactly the kind of publicity that they are looking for to draw attention to the climate emergency, which, as my hon. Friend the Member for Coatbridge, Chryston and Bellshill (Steven Bonnar) said, the Scottish Government accept but this Government still do not appear to. Perhaps he might need to consider that if Extinction Rebellion had actual confidence in the steps the Government are taking to tackle climate change, they would not feel the need to take part in these protests?

[Kit Malthouse]

I think the hon. Gentleman is being a bit disingenuous. We know that because of some of the placards and posters at the demonstration: they seemed to be more about socialism and dismantling capitalism than about climate change. I understand that the SNP may want to do both of those things, but that has absolutely nothing to do with a greener planet.

[Felicity Buchan (Kensington) (Con)]

We have seen the deployment of police helicopters to monitor the protests in central London, which causes disruption to residents. Clearly, the police need to do their job, but does my hon. Friend agree that we should only be using helicopters if absolutely necessary?

[Kit Malthouse]

As the former London Assembly member for West Central, which includes the constituency of my hon. Friend, and as a resident of Pimlico for 20-odd years, I totally understand the disruption that a constant buzzing helicopter can cause and what an impact it can have on people trying to go about their life peaceably. I know that the police are very aware of the impact a helicopter can have and only deploy it in circumstances where it is demanded. I hope that over the next few years drone technology will develop such that we are able to substitute that highly polluting and very noise aircraft for an alternative.

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

Five white billionaire men own the vast majority of the papers in our country. That is not free press; that is monopolistic press. It is laughable to suggest that one day of disruption causes a disruption to the fundamental principle of the free press. Protests are disrupting. If we are to support the idea of protest, we must not overblow the issue. Of course there are crimes and people will be punished for them, so why has the Minister decided to give a statement on XR and not on the far-right protesters who disrupted Dover this weekend? Does he only care when it is climate change protesters and not when it is racist thugs in our ports?

[Kit Malthouse]

I did come prepared to answer questions on Dover, and I am quite happy to do so if the hon. Gentleman wishes. Thankfully, that protest went off very quietly and there were not a huge number of protesters. Sadly, two police officers were injured or assaulted by protesters at the time, but it was dealt with very efficiently by Kent police. If the hon. Gentleman thinks there is a market for his views, he is perfectly free to start a newspaper, but I doubt he will sell many copies.

[Saqib Bhatti (Meriden) (Con)]

On behalf of the residents and constituents of Meriden, I would like to associate myself with the comments made in the House, and I pay tribute to the emergency services and the victims of the attack. Over the weekend, many of us refrained from commenting because, quite simply, the facts had not been established. We did not know the motive of the attacks, nor did we know who had committed them. However, the police and crime commissioner of the West Midlands said in a press conference that these types of attacks were “inevitable” given covid-19 and people losing jobs, which was quite frankly shocking and, in my view, tantamount to a surrender. Does the Minister agree that the PCC should rescind those comments and apologise, and does he agree that these attacks are not inevitable and that, as elected officials, we all have a responsibility to do everything we can to stop these attacks, including backing our police officers and keeping our police stations open?

[Kit Malthouse]

As I said earlier, I simply do not understand the comments of the police and crime commissioner. I had a call with him this morning, as hon. Members would expect, and these matters were not discussed. I have to say, however, that there is nothing inevitable about crime. A key plank of the approach of all Governments to crime has to be prevention. If we think smartly, work smartly and look at the complex causes of crime, we can and will prevent it in the future.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister of State for his statement today. Can he confirm what steps his Department is taking to ensure that the right message goes out that if people are not peacefully protesting within the law, then there will be consequences and these will be faced by every member who takes part in these so-called protests? On occasion, these can turn into riots and can involve attacking and disrupting people, members of the police force and businesses, which will not be tolerated. Will the Minister of State clarify again that the right to protest does not mean a right to shut down business and cause loss of income or, indeed, worse—injury?

[Kit Malthouse]

The right to protest, like the right to free speech or to free assembly, is a gem to be treasured. It is a delicate vase, of which we must all take care, and those who abuse it, crack that vase for the rest of us and, as a result, do us all a disservice. The hon. Member is quite right that we have to take very seriously those who use the pretext of peaceful protest to prosecute criminal acts. I hope he will have seen, from the large number of arrests that have taken place over the last week or so, that certainly the police are taking that approach.

[Shaun Bailey (West Bromwich West) (Con)]

May I, too, echo the comments on and tributes to the fantastic West Midlands police for all the work they did following the events this weekend? The point raised by our police and crime commissioner in the West Midlands was of crime being “inevitable”, but it is not inevitable for my communities in Wednesbury, Oldbury and Tipton, who have seen their police stations closed and their community policing undermined by this police and crime commissioner. Will my right hon. Friend give a reassurance to my communities, some of the most vulnerable in the west midlands, that this Government have their back, and will he meet me to discuss the campaign to keep Wednesbury and Tipton police stations open?

[Kit Malthouse]

I am more than happy to meet my hon. Friend to talk about the issues in his constituency. He is quite right, as I said earlier, that there is nothing inevitable about crime. If we accept an inevitability, we are basically abrogating our duty towards our fellow citizens to stretch every sinew in keeping them safe, and that is exactly what this Government will do.

[Alex Davies-Jones (Pontypridd) (Lab)]

First, can I also echo the sentiments across the House in bringing my condolences to the families of all those affected by the horrific attacks in the past few days? I sincerely hope that the Minister and the Secretary of State will use this opportunity to reflect on the impact of a decade of Tory cuts to our police services across the UK. It is undeniable that forces across the country are already under extra pressure because of coronavirus. Can the Minister therefore please confirm today exactly what steps the Home Office is taking to prevent further tragedies taking place and unnecessary deaths from occurring on our streets?

[Kit Malthouse]

It will not surprise the hon. Lady to know that the Prime Minister, a former Mayor of London, and I, as his former deputy Mayor for policing and crime, take the issue of violent crime extremely seriously. That is why he set up the criminal justice taskforce, why he personally is leading the fight against crime in this country and why we have seen enormous changes in the crime landscape, not least the recruitment of 20,000 extra police officers, from which her area, like every area in the country, will benefit. It is worth saying and reiterating, as I said earlier, that the solutions to crime are complex and difficult and will require all of us to work together in that fight, and I hope she will join us in our fight against crime both in her constituency and elsewhere in the country.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I want to try to get everybody in, so can we be fairly brief in questions and in answers as well?

[Gary Sambrook (Birmingham, Northfield) (Con)]

Will the Minister join me in thanking Chief Superintendent Steve Graham and his team for their amazing work and bravery over the weekend in response to the terrible incident in Birmingham, especially in their fight to combat disinformation online and on social media? That work will not have been aided by the disgraceful comments of the police and crime commissioner, who tried to excuse this murderer before he had even been arrested.

[Kit Malthouse]

I know that West Midlands police and the chief inspector will be very grateful for my hon. Friend’s support. It is always heartening when Members of Parliament know their local senior police officers by name, because it means that they have met them, talked to them, understand their job and support them. I am very pleased that he does that as well. I hope that he and everybody in his part of the world will join together in fighting the crimes that his community face.

[Andrew Gwynne (Denton and Reddish) (Lab) [V]]

Rights and responsibilities go hand in hand, and the democratic right to peacefully protest is absolute but sits alongside a responsibility to respect the law. Parliamentary time is at a premium. On the radio yesterday, the Minister’s former colleague and ex-Attorney General, Dominic Grieve, stated that no new law laws were required if the police used the substantial powers they already have. So is this partly a question of police resources, and how do we ensure that the existing laws are used?

[Kit Malthouse]

I am grateful for the hon. Gentleman’s unequivocal support for protest but also for making sure that we investigate crime. As I understand it—obviously after every incident like this there will be a review and lessons to be learned—some of the delay that arose was around the tactics that XR used in erecting scaffolding and using glue and locks to attach themselves to the road and to other items. The police have the capability to deal with those issues, but it is largely in places like London where we see most of the protests, so we will have to review whether we need this capability elsewhere, and if so we will have to make it happen.

[Suzanne Webb (Stourbridge) (Con)]

As a Brummie by birth, my thoughts go out to all the victims of this weekend’s appalling incident. But knife crime is not just a problem in our cities. In 2017, Ryan Passey was tragically killed at the hands of a knife bearer after an altercation in my constituency. Does my hon. Friend agree that there needs to be tougher action against those carrying knives and more understanding as to why people feel compelled to carry one in the first place?

[Kit Malthouse]

I completely agree with my hon. Friend. Having met far too many victims of knife crime myself, I know she is absolutely right. It behoves us all—we all have a duty—to think carefully about what more we can do to address this terrible phenomenon. I do not understand what possesses somebody to take a knife out at night, not least because we know that if someone carries a knife they are actually more likely to be stabbed, not less, even if they are carrying it for self-defence. What we need to get to is a situation where people know that our public space is well guarded and is a lawful public space, and therefore feel safe enough that they do not have to carry a knife, even for self-defence.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Does the Minister understand the genuine concerns about any plans to reclassify Extinction Rebellion as a criminal group and the implications that this may have for peaceful protest, especially given that last year the Prime Minister’s own father addressed an Extinction Rebellion rally and said that he backed their methods?

[Kit Malthouse]

The classification or otherwise of any group depends on their conduct. Perhaps Extinction Rebellion, in its wider sense, needs to think about the group within its number that is employing these extreme tactics and whether that is appropriate for members of the organisation, but that is a matter for it. As I say, we constantly keep all these things under review, and it is a reflection of the conduct of individuals in society as to how they are classified.

[Nicola Richards (West Bromwich East) (Con)]

West Midlands police did a remarkable job under difficult circumstances this weekend. I would like to say a special thank you to the emergency services involved, and my condolences go to the families of the victims. Can my hon. Friend assure me that, assuming that the suspect is convicted, this man will have the full weight of the law brought against him for these horrendous crimes? The people of Birmingham, like those in neighbouring West Bromwich East, demand that. We want everyone to know that the west midlands is a fantastic place to live and work.

[Kit Malthouse]

Notwithstanding my hon. Friend’s obvious concern for justice to be served for those victims, I obviously cannot comment on the case or, indeed, what the person who I understand is in custody is being held in custody in connection with. However, I know that those people who are involved in the investigation and then prosecution and conviction of whoever is identified as the perpetrator of this crime will certainly have the sentiments that she expressed in the front of their minds.

[Richard Burgon (Leeds East) (Lab) [V]]

Direct action is a proud part of our history and democracy. Through it, the Chartists and suffragettes helped secure the right to vote and trade unions won the eight-hour working day and paid holidays, and it played a key part in securing legislation for gay rights and for women’s and racial equality. If pursued, would not the Home Secretary’s suggestion of defining Extinction Rebellion as a criminal gang be a betrayal of our proud tradition of civil liberties?

[Kit Malthouse]

Direct action is not the same thing as a crime. If the hon. Gentleman is saying that there are certain crimes that he wishes to ignore, then I am afraid the Opposition are in a very difficult place. I am the Minister for policing and crime, and when, under our current law as approved through this House, somebody commits a crime, I have no choice other than to condemn it.

[Lee Anderson (Ashfield) (Con)]

The people of Ashfield see no benefit in protesters gluing their ears to the pavement, spraying red dye on our monuments or camping out in trees on Parliament Square. Extinction Rebellion is now public nuisance No. 1 because of the disruption it causes, as well as the massive cost to our emergency services when, frankly, they have better things to do. Does my hon. Friend agree that this group should be classified as a crime group and feel the full weight of the law if it continues to disrupt members of the public going about their daily business?

[Kit Malthouse]

I know that my hon. Friend is the genuine voice of his constituents, and he will have received many emails from them on this issue. As I said earlier, the classification of any particular group depends on its conduct in society. Obviously, when a crime is committed, that should be investigated and prosecuted, and punished accordingly.

[Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]]

According to today’s Times, the Prime Minister is considering new powers to prevent newspaper presses from being blockaded, but the Foreign Secretary says that adequate enforcement powers exist already. I wonder whether the Minister can say which he believes is right—or is this a case, as usual, of the Government’s left hand not knowing what their right hand is doing?

[Kit Malthouse]

Even before the events of this weekend, we were keeping the rules and regulations, the law and police powers around protest under constant review. As the hon. Lady will know, the nature of protest has changed quite significantly over the last 15 or 20 years, so she would expect that to happen, and it seems like a perfectly natural thing for us to do.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just to re-emphasise, we need to move through the remaining questioners so that we can get on to the next business.

[Alexander Stafford (Rother Valley) (Con)]

The Minister will know that there is no greater advocate for the environment or low carbon than me—I worked in the sector for many years—but does he not agree that the actions of Extinction Rebellion, whether vandalism, blockading or even threatening to have MPs shot in the head, as its founder said, undermine the good cause? Does he agree that we need to root out extremists, be they far left, far right or eco-extremists?

[Kit Malthouse]

Absolutely right. My hon. Friend speaks the truth. The sad effect of the events this weekend is that they have probably turned more people off the cause then they have encouraged to join it.

[Clive Efford (Eltham) (Lab)]

The law has to apply to everyone equally, whether they are protesting about the environment or not, but designating Extinction Rebellion as an organised crime group is surely a step too far. What will the consequences be for genuine people who follow the protests of Extinction Rebellion and want to get involved in protesting against climate change—could they then be prosecuted under some new law for being involved in organised crime?

[Kit Malthouse]

As I have said repeatedly, the classification of any organisation depends on its conduct in society. There is a question for the wider membership of Extinction Rebellion about whether they are happy with the tactics of this small group and think it has been to the benefit or the detriment of their cause that these events took place over the weekend.

[Andrea Jenkyns (Morley and Outwood) (Con)]

With fewer hard-working commuters to disrupt, Extinction Rebellion is trying to attack the freedom of the press by stopping newspapers being printed and delivered. Will my hon. Friend reassure the House and the country that the police have the resources and the support they need to fully enforce the law and ensure that everyone abides by the same rules?

[Kit Malthouse]

I can reassure my hon. Friend that police forces within the area and surrounding it were able to deploy significant assets to both incidents in fast time.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

In an ideal world, Extinction Rebellion would not feel the need to protest. The Minister said in his statement that the UK Government are doing a lot of good work with regard to climate change. They might be doing some good work, but it is not enough. The reality is that the UK Government are not on track to meet their fourth and fifth legally binding carbon budgets, which are not even aligned to net zero. Does he agree that one simple measure the Government could take, which would make an important statement, is to re-establish a stand-alone Department for Energy and Climate Change?

[Kit Malthouse]

Once again, the hon. Gentleman asks a question that is outside my purview. Just to reassure nationalist colleagues, this Government have no problem with being urged to go further and faster, to achieve more and to aim higher. What we have a problem with is people who commit a crime in order to do so.

[Joy Morrissey (Beaconsfield) (Con)]

Will my hon. Friend join me in paying tribute to Thames Valley police for the excellent work they have done over the summer? We have had a summer of discontent, protests and, some would say, lawlessness. Does he agree that the public are looking to the police to restore law and order on our streets? I hope that we will give them full law and order with a crackdown, starting with Extinction Rebellion for its campaign against free speech, democratic values and the rule of law.

[Kit Malthouse]

I can reassure my hon. Friend that, actually, our streets have been very orderly—often more orderly than usual—during the pandemic lockdown. Indeed, crime has been significantly lower than we would have expected, which is great news, notwithstanding the amplified impact of these protests. I am more than happy to congratulate Thames Valley police, and I will be able to do so tomorrow morning in person, because I am visiting them.

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

Our planet is burning, flooding and melting, meaning that people are starving, migrating, fighting and dying. Should the Government not respond to this climate crisis by urgently bringing forward emergency legislation to mitigate climate crime, rather than plotting to criminalise peaceful and—currently—lawful environmental protectors?

[Kit Malthouse]

We are only criminalising people who commit criminal acts. That is the point, and we shall see where those charges eventually land. As I said, the Government have done an enormous amount on climate change, and while I do not have a problem with being urged to go further and faster, ignoring the progress we have made does no one any service.

[Marion Fellows (Motherwell and Wishaw) (SNP) [V]]

Non-violent civil disobedience is a common practice tool used by protest groups throughout history to demand change. Branding them as criminals is not the right way forward. My hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) reminded us earlier that the Prime Minister’s own father spoke at a protest organised by Extinction Rebellion. Does the Home Office really wish to criminalise him and others like him?

[Kit Malthouse]

As I have pointed out endlessly in the last hour and a half, I completely agree that non-violent civil disobedience is perfectly legitimate—indeed, it is a fundamental right of mine as a citizen of this country—but that is not the same as committing a crime or attempting to curtail the rights of others.

[Tom Hunt (Ipswich) (Con)]

My thoughts and condolences are with the victims of the attack in Birmingham. Yesterday a 13-year-old boy was threatened with a knife on Colchester Road in Ipswich and today, as my hon. Friend mentioned, there has been a tragic attack in Kesgrave, which is just outside Ipswich. Will he pledge to make sure that Suffolk constabulary has the resources it needs to tackle crime and also that those caught in possession of a bladed weapon fear the consequences? My fear right now is that they do not.

[Kit Malthouse]

As my hon. Friend knows, Suffolk will receive an uplift of police officers over the next few years, and I know it is making good progress on recruitment so far. Although he is right that those who perpetrate knife crime need to fear the consequences, the critical deterrent factor in crime is the perception of the likelihood of being caught. The recruitment of more police officers and the powers that we give them will help with that in Suffolk, as it will elsewhere.

[Kim Johnson (Liverpool, Riverside) (Lab)]

I would like to offer my condolences to the families of those injured and killed this weekend in Birmingham. Can the Minister confirm that lessons will be learned from this tragic event? Many police forces have lost thousands of staff and police officers in the past 10 years. How can he reassure the people of Birmingham and across the UK that such tragedies can be prevented in future with such job losses?

[Kit Malthouse]

As I said earlier, during my time at City Hall, when police officer numbers were much higher, we faced the same challenge with knife crime, but managed to drive it down, making significant reductions. We hope that we can do the same thing across the whole country, including in the west midlands, but we need support and help from people such as the hon. Lady and others to do so.

[Jacob Young (Redcar) (Con)]

How many more ambulances need to be stopped by protesters before the police start arresting people who create illegal roadblocks?

[Kit Malthouse]

My hon. Friend is quite right that that is the unfortunate effect of some of those protests. As I said earlier, the Metropolitan police has made over 600 arrests now, with dozens made over the weekend. Hopefully that is having an impact on the numbers, but we all want XR to think about the practical consequences of their protests, in terms of not just what we in this House think, but the impact on their fellow citizens.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Policing and police resourcing is one part of the picture of reducing knife crime. Another part, of course, is preventive work. Youth services in England have seen a cut of £1 billion, or 73%, since 2010. Youth work can provide a really good preventive strategy when it comes to knife crime. What discussions is the Minister having with his colleagues to reverse the cuts to youth services?

[Kit Malthouse]

We are obviously going into a spending round and giving consideration, through the Department for Digital, Culture, Media and Sport, my Department and the Ministry of Justice, to what funding and capability we can point towards diverting young people away from crime. The hon. Lady will know that, happily, I am also in the middle of a process of engaging with the violence reduction units that we have funded across the country, to learn from them and understand what is working, so that we can promulgate that across the rest of the country.

[Bill Wiggin (North Herefordshire) (Con)]

I have spoken many times in this House about the importance of regulating the press and how important I believe climate change is. People like me are so put off by what the XR people are doing. How do we communicate to them that they are really their own worst enemy?

[Kit Malthouse]

I have no doubt that they will be watching this session with interest. Notwithstanding one or two voices in support, the vast majority of Members have been against. No doubt as the individuals involved go back and sense the feeling from their own communities, families and acquaintances, they will see that this was a step too far.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

Far-right anti-migrant activists brought the port of Dover to a halt, and 10 were arrested for racially aggravated public disorder, violent disorder and the assault of an emergency worker. Why is there not a Home Office statement on, condemnation of, and focus on that?

[Kit Malthouse]

As I have said, I came prepared to answer questions on that protest. It was not deemed to be of a scale necessary to make a statement about, particularly given the impact of the events in Birmingham, but the hon. Gentleman is quite right in his assessment. I do condemn those protesters, in particular those who assaulted police officers.

[Mark Pawsey (Rugby) (Con)]

I add my condolences to the victims of the horrendous events that took place in Birmingham early on Sunday morning, when the police and emergency services were clearly faced with a really challenging situation. From reading accounts in the media of what happened at that time, it seems that the perpetrator was at large an hour and a half after committing the first crime and continuing to commit further crimes. I just wondered whether that was a matter of concern to the Minister.

--- Later in debate ---

[Kit Malthouse]

I wish I could comment on the circumstances of the case and the individual. Of course, I have been briefed by the chief constable. No doubt, in time, as this matter is brought before the courts, all will become apparent. Whatever happens, we will try to learn lessons from what happened on Saturday night.

[Martyn Day (Linlithgow and East Falkirk) (SNP) [V]]

Whatever we think about Extinction Rebellion’s tactics, be they right or wrong, its actions were peaceful, and such civil disobedience methods have been used throughout history, so any branding of the activists as criminals is certainly not acceptable. Does not the Minister agree that two wrongs do not make a right?

[Kit Malthouse]

Not all crimes are violent.

[Greg Smith (Buckingham) (Con)]

I agree with my hon. Friend in his comments earlier that a consequence of a protest turning to criminality has a cost in resources, time and priorities for our brave police officers. Will he therefore look at a legislative route that might enable us to reclaim policing costs from individuals and campaign groups when protest turns to criminality in their name?

[Kit Malthouse]

My hon. Friend raises an interesting point to which I will give due attention as we go into the spending round.

[Jack Brereton (Stoke-on-Trent South) (Con)]

I thank my right hon. Friend for the increased resources going into policing in Stoke-on-Trent and Staffordshire. We here all condemn the unacceptable behaviour we have seen with recent protests. It is totally unacceptable to see people resorting to violence and to also see these larger gatherings when such gatherings are banned. Will my hon. Friend join me in ensuring that we send a strong message to those organising these events that they will be fined, and that action is being taken to ensure that such events will not be allowed to take place in future?

[Kit Malthouse]

Obviously, a number of fines were handed out over the weekend, and my hon. Friend has given exactly the strong message he is looking for

[Rob Butler (Aylesbury) (Con)]

As a former journalist, I was appalled at the chilling attempts to quash the free press by extremists at the weekend. Day in, day out, reporters risk their lives around the world in their determination to seek and expose the truth, which is printed on newspapers at the very print works that XR blockaded. Does my hon. Friend agree that no protest group has the right to override those committed journalists and try to dictate its version of the truth?

[Kit Malthouse]

My hon. Friend is exactly right. If anything, the protest highlighted—certainly to me and to many millions of our fellow citizens—the miracle that is a newspaper. Information is brought to us from across the globe and printed, dropping through the letterbox day after day without let or hindrance. If anything, the protest highlighted the value of that resource.

[Imran Ahmad Khan (Wakefield) (Con)]

It is with regret that, since Extinction Rebellion’s inception, we have witnessed it adopt increasingly radical measures, which masquerade upon an environmentalist platform. In truth, it is a considered ruse to gain support for its Marxist agenda, which attacks British values predicated on freedom and pluralism. Blocking ambulances and seeking to constrain press freedom are but two examples from a plethora of behaviours that demonstrate its devious agenda.

Her Majesty’s Government were elected with a mighty mandate from the British people to restore their ancient rights and freedoms, whether threatened from Brussels or from the barricade. The fine people of my constituency of Wakefield expect us to deliver on that. Will the Minister outline what steps the Government will take to neutralise XR’s disruptive and dangerous tactics?

[Kit Malthouse]

I am grateful for my hon. Friend’s stentorian support. He is quite right that people want to see a sense of order in this country, and that is exactly what we will put in place and what we are beavering away to make happen across the country—in his constituency and elsewhere.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

In my constituency, I often meet climate activists—people from the Green party. Two of them have stood against me in previous elections and I can honestly say that they are thoroughly decent, engaging and polite, lobbying me for things to be done. That is in stark contrast to what we are seeing at the moment. The idea that we can say that “Well, they were only attacking five billionaire press barons” is simply wrong. Small community shops have been at the heart of our communities during the covid crisis and they took a real hit this weekend. Does my hon. Friend agree that the best way to engage on this subject is to do what the people I am honoured to call my constituents do to try to tackle climate issues, rather than putting hard-working businesspeople out of work?

[Kit Malthouse]

As usual, my right hon. Friend is exactly right. There is a way of engaging and influencing us as Members of Parliament that works—the one that he rightly points out—and like him, I have never refused to meet a green group in my constituency. If anything, I meet them with pleasure because our views often coincide, but fundamentally, as he knows, because he has been politically active for a long time, the way to effect change is through hard work. It means people leafletting, standing in an election, fighting their corner, getting elected to this place by winning an election and then putting their agenda in place. That is what he and I have done for the last two or three decades and that is the right and proper way in a democracy.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We now have a three-minute suspension.

Biennial Report of the National DNA Database Strategy Board

Kit Malthouse Excerpts

Wednesday 2nd September 2020 Written Statements

[The Minister for Crime and Policing (Kit Malthouse)]

I am pleased to announce that I am, today, publishing the annual report of the National DNA Database Strategy Board for 2018 to 2020. This report covers the National Fingerprints Database and the National DNA Database (NDNAD).

The strategy board chair, Assistant Chief Constable Ben Snuggs, has presented the annual report of the National DNA Database to the Home Secretary. Publication of the report is a statutory requirement under section 63AB(7) of the Police and Criminal Evidence Act 1984 as inserted by section 24 of the Protection of Freedoms Act 2012.

The report shows the important contribution that the NDNAD and the National Fingerprint Databases (policing collections) make to supporting policing and solving crimes. I am grateful to the strategy board for their commitment to fulfilling their statutory functions.

The report is today being laid before the House and copies will be available from the Vote Office.

[HCWS431]

Independent Office for Police Conduct: Annual Report and Accounts

Kit Malthouse Excerpts

Wednesday 22nd July 2020 Written Statements

[The Minister for Crime and Policing (Kit Malthouse)]

I am today, along with my right hon. Friend the Financial Secretary to the Treasury, Jesse Norman, publishing the 2019-20 annual report and accounts for the Independent Office for Police Conduct [HC 511]. This will be laid before the House and published on www.gov.uk. The report will also be available in the Vote Office.

[HCWS423]

Police and Crime Commissioner Model: Review

Kit Malthouse Excerpts

Wednesday 22nd July 2020 Written Statements

[The Minister for Crime and Policing (Kit Malthouse)]

I wish to set out to the House details of a review into the role of police and crime commissioners.



The Government’s manifesto committed to strengthening the accountability of PCCs and expanding their role. Police and crime commissioners were introduced in 2012 to give the public a direct say over policing in their area. Since coming into post, they have brought real local accountability to policing and are working to give local communities a stronger voice.



After eight years, it is right that we step back and consider how we can continue to evolve the PCC model. It is important that PCCs are strong, visible leaders in the fight against crime and have the legitimacy and tools to hold their police forces to account effectively.



To deliver this commitment, I am today announcing a two-part internal review into the role of PCCs.



Part 1 will commence in late July and report to my right hon. Friend the Home Secretary and myself by October 2020. It will be focused on changes required to strengthen the model, which, where possible, can be delivered ahead of the 2021 PCC elections. In particular, it will consider how to strengthen the accountability, resilience, legitimacy and scrutiny mechanisms of the existing model to drive up standards; identify and share best practice across the sector; and examine the effectiveness of the relationship between PCCs and chief constables and the checks and balances currently in place.

We will also use part 1 of the review to help us map out our longer-term ambition for the expansion of the PCC role. In relation to fire, the Government are clear that further reform of fire and rescue services is required in order to respond to the recommendations from phase 1 of the Grenfell Tower inquiry and to build on the findings from Sir Tom Winsor’s state of fire and rescue report, both of which demonstrate the clear challenges and improvements required in professionalism, people and governance. The review will consider further options and opportunities to strengthen fire governance and accountability, drawing on the lessons from the first cycle of fire governance transfers to PCCs.

The review will also be fully aligned with the Government’s commitment to expand the benefits of devolution across England through the local recovery and devolution White Paper. Mayors of combined authorities should be powerful local figures with the ability to drive public safety, as well as economic growth and local recovery. We plan to develop the role of PCCs with that longer-term trajectory in mind, building on the models in London and Greater Manchester.

I would like to be clear that neither part 1 nor part 2 of the review will consider a wholly new governance model for policing or examine the 43 police force model.

An advisory group will support part 1 of the review, comprising senior external stakeholders with expertise in the policing and fire sectors. It will also be important that the public’s views on those who represent them in policing are heard and the review team will seek to engage a sample of citizens and local and national victims’ groups as appropriate.

Part 2 of the review will commence after the 2021 elections and will allow us to consider further ways to strengthen and expand the role of PCCs, including the role PCCs play in tackling reoffending to help reduce crime. It will focus on longer-term reforms and the potential for wider efficiencies to be made within the system with a view to implementation ahead of the 2024 elections.

I will place a copy of the terms of reference for part 1 of the review in the Libraries of both Houses.

[HCWS416]

Oral Answers to Questions

Kit Malthouse Excerpts

Monday 13th July 2020 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

The Government are now spending over £15 billion on policing—an increase of £1 billion on last year, with £700 million being allocated to police and crime commissioners to recruit 6,000 additional officers by the end of March 2021. While there is no direct connection between police numbers and crime, this will give them the capacity to be much more agile in the face of changing crime.

[Rachel Hopkins]

Her Majesty’s inspectorate of constabulary recently stated in its annual assessment of policing that policing and some other public services are closely linked, and that the level of investment in one public service will have an effect, good or bad, on another, referring to health, particularly mental health, drug and alcohol services, housing and social services as examples. What assessment has the Minister made of the huge detrimental impact that covid-19 has had on local authorities responsible for these services, and the fact that many local councils, including Luton Borough Council in my constituency, are being forced into making significant in-year budget cuts, thus having an impact on local policing?

[Kit Malthouse]

The hon. Lady is quite right to draw the connections between policing and other services in the public sector. I cannot speak for the resilience or otherwise of the finances of her particular local authority. I can say, however, that the Prime Minister has tasked me and the Home Secretary with the job of driving cross-Government working to deal with some of the causal factors in crime, beyond enforcement, and we will be talking to local authorities across this country about the part that they can play.

[Gerald Jones]

Money for additional police officers is welcomed across the board, even though it does not take police numbers back to pre-2010 levels. Surely the Minister would acknowledge, though, that baseline budgets in police forces are being cut again this year, and capital funding is almost non-existent, so unless the Secretary of State is able to win more money for policing generally, forces will be unable to keep the officers they have got.

[Kit Malthouse]

The hon. Gentleman is obviously a cup-half-empty person rather than a cup-nearly-three-quarters-full person. The biggest settlement for policing in a decade should be welcomed by everybody across this House, as it has been across the whole of the policing family. But that is not to say that policing is not without challenges and that it cannot be more efficient. While we do want to see more police officers and a better response to crime, there is always the challenge in public services to do things better for less.

[Rosie Cooper [V]]

Lancashire has been allocated funding of £4.3 million to deliver an additional 153 police officers by the end of this financial year, but that award reflects a part-year cost, as 153 officers cannot be employed for the whole year because the cost is £9.8 million. So will the Minister commit to providing the full funding for 2021-22, and for future years, to sustain these additional officers?

[Kit Malthouse]

The hon. Lady is perhaps confusing her figures, shall we say? Lancashire police received a £22.6 million increase in funding this year, which will allow it to recruit another 153 police officers over the next 12 months—less than 12 months now—up to March next year. It is making good progress, and has recruited 66 already.

[Margaret Greenwood [V]]

Recently, coastal communities such as West Kirby and Caldy in my constituency have seen huge numbers of visitors in search of relaxation and exercise. This has placed additional strain on Merseyside police, which has been working hard to respond to the concerns of local residents about crowds on beaches and in parks. Merseyside police estimates that the cost of the pandemic to date is £4.1 million, due to overtime, the cost of PPE, specialist cleaning and lost income. Will the Minister give an assurance that Merseyside police will be reimbursed for these costs?

[Kit Malthouse]

I have had a number of telephone conversations with the chief constable of Merseyside police over the last few weeks and months, as has my right hon. Friend the Home Secretary, and I am pleased to say that that force is in good heart, as far as we could tell. Happily, it is running well in advance of its recruitment allocation. I am told that, at the end of March, it had recruited 220 police officers, against an allocation of 200, which does give it extra capacity to deal with the problems that the hon. Member has outlined. Notwithstanding that fact, there are obviously extra costs for policing with covid-19, and we are in conversation with the Treasury about how we might address them.

[Sir Geoffrey Clifton-Brown]

Following the excellent announcement that my hon. Friend has given the House this afternoon, which goes a long way towards meeting our Conservative party pledge to recruit an extra 20,000 police officers, would he agree that the real importance of those police officers is that every criminal will know that it is much more likely their crime is going to be investigated and, if it is proved, will result in a prosecution?

[Kit Malthouse]

With his usual perspicacity, my hon. Friend puts his finger on the button. We know that the greatest deterrent of crime is the perception of the likelihood of being caught, and the fact that Gloucestershire police has now more than recruited its annual allocation of police officers—he will be pleased to hear—at 48, over 46, already so far this year, means that that is much more likely to be the case in his county.

[Peter Aldous]

Suffolk constabulary, one of the lowest funded forces from central Government, has made significant efficiency savings and the council tax has increased by over 25% in three years. Can my hon. Friend the Minister confirm that the review of the grant funding formula is still going ahead in the next few months, as this is vital to the future of policing in Suffolk?

[Kit Malthouse]

My hon. Friend is a doughty champion for his constituency and his county, and I understand his impatience and his desire to battle for their financial interests, as I did as a Back Bencher for Hampshire. Both the Home Secretary and I have said in public in the past that the funding formula, while it is the only formula we have at the moment, is a bit old-fashioned and probably needs to be looked at, and as part of our vision for policing in the future, no doubt we will get to it in time.

[Ruth Edwards]

Will the Minister join me in praising Nottinghamshire police, which has acted so quickly to recruit more officers that it is 12 months ahead of the Government’s recruitment target and was the first force to introduce police officer degree apprenticeships? Does he agree with me that forces such as Nottinghamshire, which are leading the way and which have also increased their diversity, should be first in line for any additional Government funding?

[Kit Malthouse]

It is very heartening to see that one of my hon. Friend’s priorities as a new Member in this House is to stand with and defend her local police, and she is quite right to do so. I join her in offering our thanks and praise to them for the work they have done. In fact, I was able to do so in person because I was on the phone with her chief constable just this morning. She is quite right that Nottinghamshire is a forward-looking police force, and we will be supporting it in its endeavours to innovate and challenge crime in the months to come.

[Sarah Jones (Croydon Central) (Lab)]

On the one hand, the Prime Minister has hailed an end to austerity and promised 20,000 new frontline police officers, and on the other, we had alarming reports at the weekend of forces facing up to 15% cuts. Covid, on top of 10 years of austerity, has created a perfect storm for police funding, with lower council tax coming in, the costs of PPE and lower income from some of their sources, such as airports and large events. I have heard from multiple sources that essential staff jobs will have to be cut, meaning that frontline police officers will end up covering non-frontline roles, which is completely the opposite of what the Prime Minister intends. One senior police officer said to me this morning, “This looks like austerity by the back door.” Can the Minister commit today to plugging the funding gap from council precepts to guarantee there will not be a need to cut police staff?

[Kit Malthouse]

First, on a technical front, perhaps the hon. Lady misunderstands how the precept works. The primary liability, if you like, is covered by the precepting authority, which has by law to pass on the precept in full, notwithstanding any issues it might have with collection. And perhaps, alongside her many skills, she has acquired telepathy and foresight, because she seems to be pre-empting a spending review that has not even started.

[Mark Logan (Bolton North East) (Con)]

What steps her Department is taking to increase the number of police officers.

Home Department

Kit Malthouse Excerpts

Wednesday 8th July 2020 Ministerial Corrections

The following is an extract from proceedings on the Fire Safety Bill on 25 June 2020.

[Kit Malthouse]

Such hazards are assessed using the housing health and safety rating system, the HHSRS. Structural collapse, failing elements and fire safety hazards are assessed using that tool. 

[Official Report, Fire Safety Pubic Bill Committee, 25 June 2020, c. 37.]

Letter of correction from the Minister for Crime and Policing, the hon. Member for North West Hampshire (Kit Malthouse):

An error has been identified in the response I gave to the Committee.

The correct response should have been:

[Kit Malthouse]

Such hazards are assessed using the housing health and safety rating system, the HHSRS. Structural collapse, falling elements and fire safety hazards are assessed using that tool.