Consultation on 12-month Rule in Regulation 12 of the Police (Injury Benefit) Regulations 2006

Kit Malthouse Excerpts

Wednesday 12th May 2021 Written Statements

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

This Government have made clear our commitment to giving our world-class police the resources, powers and tools they need. They show remarkable courage and dedication to duty every day, which deserves our utmost respect, recognition and support.

In doing their duty, police officers put themselves in harm’s way to protect us. Sadly, this can lead to injury, which in some cases has a lasting impact on an officer’s own health, and there are well-established provisions in place to support officers who are injured in the line of duty. Where a police officer suffers a serious injury on duty, which leads to total and permanent disablement, it is right that they are appropriately compensated.

The Government are today launching a consultation on the compatibility of the 12-month rule in regulation 12 of the Police (Injury Benefit) Regulations 2006 with statutory obligations under the Equality Act 2010 and its suitability for inclusion in regulation 12. Regulation 12 governs the provision of disablement gratuities for police officers totally and permanently disabled by an injury suffered on duty.

The 12-month rule in regulation 12 of the Police (Injury Benefit) Regulations 2006 limits the granting of the higher police injury gratuity to only those individuals for whom total and permanent disability manifests within 12 months of suffering an injury on duty. It has been argued that this rule may result in a difference in treatment between police officers who suffer physical conditions and those who suffer mental health conditions. The Government are committed to ensuring that the police injury benefit regulations are fully compliant with its obligations under the Equality Act 2010.

The consultation will be available from 12 May 2021 until 7 July 2021 at: https://www.gov.uk/government/consultations/regulation-12-of-the-police-injury-benefit-regulations-2006. A copy of the consultation will also be placed in the Libraries of both Houses.

[HCWS9]

Rights to Protest

Kit Malthouse Excerpts

Monday 26th April 2021 Westminster Hall

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

Mr Gray—soon to be Sir James—it is a great pleasure to appear under your wise and beneficent guidance today for what I think it is fair to say has been a binary debate, with not much nuance between the two sides.

I congratulate my hon. Friend the Member for Stockton South (Matt Vickers)—the first son of Stockton South—on his speech and on leading the debate about this petition. I thank other Members for contributing, not least the hon. Member for Bristol East (Kerry McCarthy), who unwittingly made a strong case for the legislation, and the hon. Member for Brighton, Pavilion (Caroline Lucas), who gave us the hilarious routine of criticising my hon. Friend for his remarks, and then indulging in such hyperbole and invective that she neatly illustrated why, unlike in Germany, the Greens will always be a fringe party in this country.

Obviously, those who signed this petition are concerned about the impact that the new measures in the Police, Crime, Sentencing and Courts Bill may have on peaceful protest. I start by reaffirming the Government’s firm commitment to the right to peaceful protest. It is, as the hon. Member for Brighton, Pavilion pointed out, a fundamental tool of civic expression. I also wish to reaffirm our commitment to the European convention on human rights, namely articles 10 and 11, which set out everyone’s right to freedom of expression, assembly and association, and they are my rights as well as the rights of others. However, the very same human rights legislation makes it clear that these rights are not absolute and must be balanced with the rights and freedoms of others.

The hon. Member for Croydon Central (Sarah Jones), the Opposition spokesperson, said that we have put the police in a difficult position, yet it was the police who asked for a number of these measures. The Metropolitan Police Service and the National Police Chiefs’ Council have expressed concerns that existing public order legislation, which has not been updated for 35 years, is no longer appropriate for responding to the highly disruptive protest tactics that we have considered today.

In fact, in order to understand how effectively the police manage protests and how legislation could be updated to improve police effectiveness without eroding the right to protest, the Government commissioned Her Majesty’s inspectorate of constabulary to conduct an inspection of the policing of protests. The report found that too often:

“The balance may tip too readily in favour of protesters when—as is often the case—the police do not accurately assess the level of disruption caused, or likely to be caused, by a protest. These and other observations led us to conclude that a modest reset of the scales is needed.”

The disruption caused by those protests is made clearer when we examine the cost to the taxpayer. As my hon. Friend the Member for Stockton South pointed out, during the Extinction Rebellion protests of April and October 2019, some of London’s busiest areas were brought to a standstill for several days. That had a disproportionate impact on commuters, small businesses and ambulance services, with the policing operation for the two extended protests costing £37 million—more than twice the annual budget of London’s violent crime taskforce.

In another example, on 4 September 2020 protesters blocked the entrances and exits for the printing presses of News UK, which estimated that it lost over £1 million and was unable to send out 60% to 70% of its print run that day. These highly disruptive protests required police officers from around the country to step away from their regular responsibilities to police them instead. During Extinction Rebellion’s two-week so-called autumn uprising, in addition to thousands of Metropolitan police officers, nearly 1,100 officers were drawn from across England, Scotland and Wales. Instead, they could have been protecting the communities they are supposed to serve.

What is more, on top of this drain on resources, police officers are often threatened, verbally abused, assaulted and injured when policing protests. In London, a total of 23 Met police officers were seriously injured in the line of duty during a single weekend of protest in June last year, and Avon and Somerset police are investigating assaults on 40 officers and one member of the media during the recent disgraceful “Kill the Bill” protests in Bristol. This behaviour from extreme elements of the “Kill the Bill” protests, as well as from equally violent elements of other groups, is totally unacceptable and should be condemned by all right-thinking people.

Given the results of the inspectorate’s report, the spiralling cost to the taxpayer and the increasing pressure on and violence towards police officers and indeed others, it is imperative that the Government act.

I turn to the impact that these measures will have on protests. It is not the case that they will unnecessarily restrict civil liberties. The impact that these measures will have has been misinterpreted, and the majority of protesters in the UK, who behave lawfully, will be entirely unaffected by the changes. This misinterpretation and hyperbole has been repeated across all of the public order measures in the Bill, and is unjustified. It is not the case that these measures allow the police to ban protests. It is not the case that these measures will criminalise protesters who are annoying. Public nuisance is already an existing offence, and we are simply stating it in statute to provide certainty for everybody.

It is not the case that these measures will ban protests outside of Parliament. You will remember, Mr Gray, because you were here at the time, that it was a Labour Government in 2005 that banned protests outside of Parliament, resulting on one famous occasion in the arrest of an individual woman reading the names of the war dead from Iraq outside the Cenotaph. The clause in our Bill merely relates to the passage of vehicles into and out of the parliamentary estate, allowing elected representatives to exercise their democratic rights and conduct our democracy in the way people would expect. Nor is it the case that these measures will ban noisy protests. The police will only be able to impose conditions on unjustifiably noisy protests that cause harm to others or prevent an organisation from operating, for example if a business has to shut down because of the noise being created.

We did, in fact, put forward several legislative measures to Her Majesty’s inspectorate of constabulary for its consideration. These included, for example, a measure to enable the police to stop and search protesters. The inspectorate concluded that

“with some qualifications, all five proposals would improve police effectiveness without eroding the right to protest.”

It went on to recommend that the Government consider further measures to require organisers of public assemblies to notify the police of their intention to assemble, and to enable the police, in exceptional circumstances, to apply for the prohibition of public assemblies. However, following careful consideration of the impact of these measures on the police’s ability to manage protests, as well as on civil liberties, we are not proceeding with the full range of measures that the inspectorate has supported. We therefore think that we have struck a balance between the legitimate and fundamental right to protest, and the rights of others to go about their business unmolested.

In short, these measures have been portrayed by some as draconian, and as a dismantling of our civil liberties. This is misinformed at best and misleading at worst. These measures simply seek to improve the balance of the rights of protesters with the rights of others, as I say, to go about their business unhindered, and will allow the police to take a more proactive approach in managing these disproportionately disruptive protests, but will not grant them sweeping powers to override their obligations. When using these measures or existing public order powers, the police must be able to demonstrate that their use is necessary and proportionate. They will also need to be able to show due regard to human rights obligations. This highlights our continued commitment to the absolutely fundamental right of peaceful protest, balanced against the rights of others to go about their business.

I commend the Government’s response to this e-petition.

Trespass

Kit Malthouse Excerpts

Monday 19th April 2021 Westminster Hall

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

It is a great pleasure to appear under your beneficent hand on this beautiful spring day, Mr Bone. As I am sure colleagues are aware, the debate was convened on the strength of an online petition submitted on 5 September last year. Since then, the Government have published our response to the public consultation “Strengthening Police Powers to Tackle Unauthorised Encampments”, and we have introduced the Police, Crime, Sentencing and Courts Bill, which sets out our measures to introduce the new criminal offence. I am grateful to my hon. Friend the Member for South Ribble (Katherine Fletcher) for her introduction to the debate, and to all hon. Members who have participated.

I understand that those who signed the petition were primarily concerned about the impact that the new offence might have on the ancient freedoms of walkers and the wider public to access the countryside. As somebody who represents 220 square miles of beautiful chalk downland in the northern part of Hampshire, I am pleased to be able to say that those who wish to enjoy the countryside, including in my constituency, will not be prevented from doing so by the offence. We made that clear in our response to the consultation, and the clauses currently before Parliament set out the circumstances in which the new powers can be used.

Our proposals, which were included in our manifesto, are aimed squarely at unauthorised encampments. For many of our constituents, and for landowners, those cause damage, destruction or distress, as well as causing significant cost to local authorities. Residents often feel helpless as their local amenities are damaged or disrupted, and for some councils, such as in Birmingham in 2016, with £700,000 of clean-up costs, the bills can be huge. I have seen that repeatedly in my own constituency.

It is only right, then, that the Government seek to protect citizens and strike a balance for those who are adversely affected by unauthorised encampments. The measures that we are introducing in the Bill will give the police the powers to bring an end to the misery caused by some unauthorised encampments. The new criminal offence will apply where a person who resides on land with a vehicle causes significant damage, disruption or distress and does not leave when asked to do so. That means that the powers will not apply to people camping in tents in the countryside or to others who inadvertently stray on to private land.

The Government have also amended the Criminal Justice and Public Order Act 1994, which gives police the power to direct people away from land in the first instance when they are causing lower levels of harm, disruption or distress. We will broaden the types of harm that can be caught under that provision to include physical damage to the land and non-physical damage, such as damage to the environment, which includes excessive noise and litter. Disruption includes an interference with a person’s ability to access any facilities located on the land or otherwise make lawful use of the land, or with a supply of water, energy or fuel. Offensive conduct, such as threats or abuse, is also covered. We will also increase from three months to 12 months the period for which trespassers directed away from the land must not return. We will enable police to direct people away from land that forms part of a highway.

I reassure hon. Members again that those who wish to access the countryside to walk, hike, climb or cycle—as many of us love to do—will not be caught by the measures. We all have the right to enjoy the beautiful national parks and green spaces that this country has to offer, and we will be able to continue to exercise that right, even when the Bill is passed. I am sure that that will come as welcome relief to those clubs, associations and individuals who have taken the time to write to their MPs or the Home Office about the issue.

[Andy Slaughter]

Will the Minister explain why he thinks that the organisations that he indicates, such as the Ramblers Association, whose comments I read out, are not at all persuaded by the Government’s view? Will he, the Minister for Policing, address the police’s concerns? They do not believe that the provisions are sensible. Will he also address what the shadow Minister, my hon. Friend the Member for Croydon Central (Sarah Jones), said about equalities and human rights law? He must be familiar with the leading cases of Chapman v. UK and Bromley v. Persons Unknown. Does he think he will face legal challenges if this goes through?

[Kit Malthouse]

I will come on to many of those issues later in my speech if the hon. Gentleman will be patient.

We received significant support in the consultation for some of these measures. Some 94% of local authorities that responded to the consultation supported one or more of the proposed amendments. The Criminal Justice and Public Order Act, to which the hon. Gentleman referred in his speech, will extend the powers of the police to direct trespassers away from land.

During the passage of the Bill, I hope we will be able to reassure the groups that have perhaps taken alarm at these measures that they will not be affected. Let us remember that there is the lock that significant harm and disruption must be under way and that people must be residing with a vehicle, so this does not cover ramblers, who, presumably, are without a vehicle—I am not sure whether a canoe counts as a vehicle or indeed whether one can reside in a canoe. Therefore, those who are wild camping or enjoying the countryside will be unaffected. Hopefully, that will come as a relief.

I now turn to the impact on Traveller communities set out in the petition statement. The legislation is not anti-Traveller and it would be wrong to portray it as such. We know that a small minority of people in unauthorised encampments cause harm, disruption and distress, but the vast majority of Travellers are law-abiding citizens, and unauthorised sites can often give an unfair and negative image of their communities. Enforcement will obviously not be based on ethnicity. Rather, anyone who causes significant harm, disruption or distress under the specified conditions and who refuses to leave when asked to do so will be caught by the offence. The Government want to ensure fair and equal treatment for all travelling communities. Settled and travelling communities should be able to live side by side harmoniously, and indeed integrate. We hope that the clear rules and boundaries that we are putting in place will facilitate that. The police are fully trained, and we expect that their actions will continue to be compliant with equality and human rights law.

The Government remain committed to developing a cross-Government strategy, as mentioned by my shadow, the hon. Member for Croydon Central (Sarah Jones), to tackle the inequalities faced by Gypsy, Roma and Traveller communities. We are also committed to supporting the provision of Traveller sites via the new homes bonus. This provides an incentive for local authorities to encourage housing growth in their areas and rewards net increases in effective housing stock, including the provision of authorised Traveller pitches.

In addition, the £11.5 billion affordable homes programme will deliver a wide range of affordable homes to meet the housing needs of people in different circumstances and different housing markets, and will include funding for new Traveller pitches. Data shows that we have seen an increase in the number of caravans on authorised sites from 14,498 in July 2010 to 20,043 in July 2019, showing that this locally led planning system works. We expect that local planning authorities should assess the need for Traveller sites in their areas and make provision accordingly. Local authorities are best placed to make decisions about the number and location of such sites locally, having due regard to national policy and local circumstances.

Finally, I note that the e-petition refers to the impact that the new offence will have on clamping down on peaceful protest. Of course, the right to protest is a fundamental human right and is central to our democracy. Although the new offences do not apply to protests, we are introducing other measures in the Bill that will enable the police to better manage highly disruptive protests, striking a better balance between the rights of protestors and the rights of others to go about their business unhindered.

[Andy Slaughter]

Will the Minister give way?

[Kit Malthouse]

I will not. I hope this Chamber is reassured that the measures the Government are taking are right, balanced and measured. We are delivering on one of the manifesto commitments that we were elected on. I commend the Government’s response to the e-petition.

Oral Answers to Questions

Kit Malthouse Excerpts

Monday 22nd March 2021 Commons Chamber

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

What plans she has to review the Misuse of Drugs Act 1971.

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

Before I answer the question, may I reassure the hon. Member for Croydon Central (Sarah Jones) that I did follow the rules? I urge her, and indeed all Members, to get themselves regularly tested on a random basis, whether they have any symptoms or not.

The Government currently have no plans to review the 1971 Act. Obviously, we keep drugs controls under review, in consultation with the Advisory Council on the Misuse of Drugs, but drugs legislation is only part of our wider approach to preventing drug misuse, which includes: focusing on education in schools; promoting treatment and recovery; and preventing the supply of illicit drugs.

[Allan Dorans [V]]

As a former Metropolitan police officer, may I pay tribute to the memory of PC Keith Palmer?

The largest review ever undertaken of 349 research studies from across the globe, carried out by the Centre for Criminology at the University of South Wales in 2017, found that safe or supervised injection rooms significantly reduced drug-related harms and dramatically cut mortality rates. Will the Minister pay heed to this overwhelming evidence and support at least one pilot facility—preferably more—for safe drug consumption rooms in Scotland?

[Kit Malthouse]

I can understand the hon. Gentleman’s concern, given that Scotland currently has a drug death rate three and a half times that of the whole of the UK, and it is a matter that should be of concern to all of us. I have had extensive discussions with my Scottish colleagues, not least the new Scottish Minister for Drugs Policy, about how we could work together to try to tackle this problem. Although at the moment we do not envisage changing the rules to look at safe consumption rooms, there is a huge amount we can do together. I urge the hon. Gentleman and his colleagues north of the border to look at our groundbreaking ADDER— Addiction, Diversion, Disruption, Enforcement and Recovery—projects, which are bringing together the police and the most critical partner for drug recovery, the health service, in five areas across England and Wales to focus on this problem and try to shift the numbers.

[Mr Richard Holden (North West Durham) (Con)]

What steps her Department is taking to speed up the deportation of (a) serious foreign national offenders, (b) failed asylum seekers, (c) people who commit serious breaches of their visa conditions and (d) illegal migrants.

--- Later in debate ---

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

What steps her Department is taking to protect people from fraud during the covid-19 outbreak.

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

The Home Office has been working with policing, public and private sector partners to track and mitigate the risk of fraud during the pandemic. The National Cyber Security Centre has taken down tens of thousands of online scams and gov.uk is giving the public the advice that they need to spot scams and avoid falling victim to them.

[Mrs Hodgson [V]]

Recent months have seen an increasing number of scams related to the coronavirus vaccine. As rumours swirl in the press about a delay to the vaccine in the UK, it is even more important that the Government take urgent action to stop fraudulent opportunists from exploiting the vulnerable. With one scam charging for a fake vaccine on the doorstep, will the Minister detail what steps the Government can take, in addition to what he has already mentioned, to tackle this dangerous fraud?

[Kit Malthouse]

I can well understand the hon. Lady’s frustration and fear about this issue. For people to be duped by others offering fake vaccines is a disgraceful type of crime, particularly as we face this awful pandemic together. We are working closely with partners across health and law enforcement to make sure that we catch up with these villains as quickly as we possibly can. I have been reassured by the fact that the number of vaccine-related frauds that have been reported is, pleasingly, still quite low, but we continue to monitor the situation carefully. I urge people who come across this kind of instance to report it, please, to the City of London’s Action Fraud as soon as they can.

[Kate Hollern (Blackburn) (Lab)]

What steps her Department is taking to increase the number of (a) police community support officers and (b) police officers.

--- Later in debate ---

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

What steps her Department is taking to tackle unauthorised encampments.

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

We recognise the misery that some unauthorised encampments cause to local communities and businesses. Through the Police, Crime, Sentencing and Courts Bill, we are pleased to be delivering on our manifesto commitment to strengthen the powers of the police to arrest and seize the vehicles of those who set up unauthorised encampments and cause damage, disruption and distress.

[Ben Everitt]

My hon. Friend will have noticed that last week, in voting against the Police, Crime, Sentencing and Courts Bill, the Labour party also voted against giving the police the powers they need to act quickly and effectively against illegal Traveller encampments. The key word there is “illegal”; illegal encampments are, by definition, illegal. With illegal encampments popping up across Milton Keynes, does my hon. Friend agree that it is wrong to prioritise the rights of criminals, and that we are right to be giving the police the powers they need to act and enforce the law?

[Kit Malthouse]

My hon. Friend is exactly right; we have to balance the rights of so many Travellers to lead a nomadic life—and the vast majority do, in a legal way—with the rights of those who own property, live in communities, and deserve to live without the distress, aggravation and difficulty that comes from unauthorised encampments. He will know that we are a Government who do not tolerate law breaking of any kind. The measures that we are introducing will ensure that the police have the powers they need to tackle this problem—hopefully, once and for all.

[Dr Mullan [V]]

I recently met a local business that transports food up and down the country from a warehouse in my constituency. It was disrupted by an unauthorised encampment and subjected to harassment and demands for cash payments. Will my hon. Friend confirm that our proposed new laws aim to prevent just that type of behaviour, and that, importantly, the vast majority of the Traveller community, who do not harass or disrupt the local communities they travel through, face no reduction in their rights?

[Kit Malthouse]

My hon. Friend speaks the truth. I am very sorry to hear about the circumstances that afflicted the business in his community. I know that he works hard to ensure that his part of the world remains a great place for investment, and I hope that business managed to deal with the problem. The country is littered with businesses that have had to put boulders, huge logs or other barriers over their hardstanding or car parks. That is not a situation we can tolerate into the future.

As my hon. Friend says, the vast majority of Travellers go about their lifestyle in a perfectly legal manner, and we should facilitate and help them to do so, but those who do not and who cross the line into illegality need to be dealt with. We believe that the measures in the Bill will allow the police to do that with much greater efficiency.

[Catherine West (Hornsey and Wood Green) (Lab)]

What steps her Department is taking to respond to the findings of the independent chief inspector of borders and immigration’s inspection of contingency asylum accommodation.

--- Later in debate ---

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

What steps her Department is taking to support the improvement of Cleveland Police.

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

The Home Office, alongside other policing partners, continues to provide Cleveland police with the support it requires through Her Majesty's inspectorate of constabulary and fire and rescue services’ police performance oversight group, a meeting of which I was happy to attend a couple of weeks ago. Cleveland’s funding will increase by up to £7.2 million in the next year, and as of 31 December, it had recruited an additional 159 officers through our uplift programme, with a further 70 officers to be recruited in the coming year.

[Mr Clarke [V]]

Our Conservative police and crime commissioner candidate Steve Turner is rightly calling for a review of the funding allocation formula, so that Cleveland can access future rounds of violence reduction unit funding and start to tackle this menace on our streets. Will my hon. Friend meet Steve Turner and me to discuss this issue and unlock violence reduction unit funding for Cleveland?

[Kit Malthouse]

My hon. Friend is a doughty and, I have to say, given recent announcements, successful advocate for investment and funding for his part of the world, and I would of course be more than happy to meet him. He is right that Cleveland missed out on violence reduction unit funding last time, falling just outside the funding formula, but I would be happy to talk to him about what more we can do to help the police and crime commissioner—who hopefully will be a Conservative after the May elections—and the chief constable to tackle some of the violent crime that plagues parts of Cleveland, and bring peace and light into the future.

[Ian Lavery (Wansbeck) (Lab)]

What steps she is taking to resolve her Department's industrial dispute with Border Force staff at Heathrow Airport.

--- Later in debate ---

[Alex Cunningham (Stockton North) (Lab)]

What recent discussions she has had with the Chancellor of the Exchequer on the adequacy of resources for violence reduction units.

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

The Home Office is working closely with the Treasury on the future funding of violence reduction units. In February, we announced VRU funding of £35.5 million for the coming year, bringing the total investment to £105.5 million over three financial years.

[Helen Hayes [V]]

The Government’s own guidance for violence reduction units requires them to generate long-term solutions to violence reduction. Why, therefore, have the Government announced only piecemeal funding for violence reduction units, one year at a time, which makes it impossible to plan with certainty for long-term interventions? When do they plan to embed the work of violence reduction units within mainstream long-term funding commitments, so that this vital work, including with some of the most vulnerable and traumatised young people, can be guaranteed for as long as it is needed?

[Kit Malthouse]

We recognise the need to put VRUs on a sustainable funding basis, and the hon. Lady is quite right that much of their work is multi-year, which needs to be reflected in the investment we make. We are working closely with Treasury colleagues and can hope for a multi-year financial settlement, which would allow us to move to that position. Having said that, it is also incumbent on the wider organisations involved in fighting violence, such as the Mayor of London, to embed this kind of work as part of their day-to-day addressing of crime, particularly working closely with young people. I would urge her to lobby City Hall to mainstream the violence reduction unit as part of its activity, rather than relying on Westminster funding, although we will of course support the capital substantially, as we have in the past.

[Alex Cunningham [V]]

Even when the promised 150 police officers are recruited to the Cleveland force, we will still have 350 fewer police than in 2010, and that in an area where the rate of serious violent crime is among the highest in England. Unlike other areas, Cleveland has not received additional funds to tackle it. The Government are now well known for their bizarre rationale for allocating funding for all manner of things in order to favour areas with Tory MPs, but will the Minister now do the right and mature thing and ensure that Cleveland gets the support that the area desperately needs?

[Kit Malthouse]

As I said in a previous answer, I am meeting, certainly, a Conservative MP to talk about what more we can do to support Cleveland, and I think it is very unfair of the hon. Gentleman to reflect on the experience of his force in that way. We have put significant extra funding into Cleveland police to allow it to uplift the number of police officers. It is benefiting from wider money that we are spending across the whole country on things such as county lines—from which Cleveland sadly suffers, along with other parts of the country—to deal with that particular drugs problem. That is against an overall spending commitment for UK policing that is the largest we have seen for a decade and has been for two successive years, so I do not think anybody could accuse this Government of skimping on investment in the police; quite the reverse. I hope and believe that, as Cleveland police emerges from a difficult period in its history, with a strong chief constable, the hon. Gentleman will start to feel the benefit on his streets quite soon.

[Mr David Davis (Haltemprice and Howden) (Con)]

If she will make a statement on her departmental responsibilities.

Third Annual Report of the Biometrics and Forensics Ethics Group

Kit Malthouse Excerpts

Thursday 18th March 2021 Written Statements

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

My noble Friend the Minister of State, Home Office (Baroness Williams of Trafford) has today made the following written ministerial statement:

I am pleased to announce the publication of the third annual report of the Biometrics and Forensic Ethics Group on 18 March 2021. The group provides Ministers with independent advice on matters relating to ethical issues in forensic science and biometrics and considers issues in data ethics.

I would like to thank the group for its advice concerning the use and retention of biometric identifiers and for its advice on the development and testing of biometric technologies.

The group has provided advice and guidance on issues such as: retention of additional DNA profile information on the national DNA database, and a trial on the use of near-match reporting; consideration of the ethical issues in genetic genealogy and massively parallel sequencing approaches for criminal investigations; and recommendations for leaflets to inform the public on issues relating to burial at sea and deletion of custody images.

The Biometrics and Forensics Ethics Group annual report can be viewed on the website of the group at: https://www. gov.uk/government/organisations/biometrics-and-forensics-ethics-group and a copy will be placed in the Libraries of both Houses.

[HCWS856]

Government Response to the Fire Safety Consultation

Kit Malthouse Excerpts

Wednesday 17th March 2021 Written Statements

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

My noble Friend the Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) has today made the following written ministerial statement:

Today, the Government publishes their response to the Fire Safety Consultation held from 20 July-12 October 2020.

This public consultation was a vital step in a process to ensure that the Regulatory Reform (Fire Safety) Order 2005 (the ‘Fire Safety Order’) continues to be fit for purpose as part of the Government’s consideration of the reform of the wider building safety landscape. The consultation sought views on a number of proposals to:

Strengthen the FSO and improve compliance in all regulated premises (section 1).

Implement the Grenfell Tower Inquiry Phase 1 report recommendations that require a change in the law (section 2).

Improve the effectiveness of consultation between building control bodies and fire and rescue authorities on planning for building work and the arrangements for the handover of fire safety information (section 3).

We received feedback from over 250 stakeholders with an interest in building and fire safety, including residents, responsible persons and enforcing authorities, which we have used to inform our response. The Government have listened, and now we are taking action.

We will be bringing forward a number of changes to the Fire Safety Order, legislating where necessary primarily via the Building Safety Bill, as well as through building regulations fire safety guidance, to strengthen fire safety in all regulated buildings. We will:

Improve the quality of fire risk assessments by requiring that a Responsible Person (RP) must not appoint a person to assist them with undertaking a fire risk assessment unless they are competent and a requirement on all RPs to record their completed fire risk assessments and prescribed information. The name and or organisation of any person engaged by the RP to undertake all or part of the fire risk assessment will also need to be recorded to assist enforcing authorities undertaking enforcement action to establish compliance.

Improve the identification of RPs by requiring them to record—and update as necessary—who they are, and the extent of their responsibility under the Fire Safety Order, and to include a UK based address. This will sit alongside a further proposal to require all RPs to take reasonable steps to identify themselves to each other where they share or have duties in respect of the same premises. A new requirement will also be introduced to ensure that information is transferred effectively between outgoing RPs and their replacements.

Amend existing provision relating to statutory guidance for RPs to include provision that failure to follow such guidance may be considered in court proceedings for breaches of the Order as evidence of such a breach, and conversely proof of following guidance may be considered as evidence of compliance.

Increase the level of fines from Level 3 (£1,000) to Level 5 (unlimited) for offences in relation to the impersonation of an inspector, failure to comply with specific requirements imposed by an inspector, and failure to comply with requirements relating to the installation of luminous tube signs.

Amend the guidance in approved document B of the building regulations to require all new buildings above 11 metres to provide a readily locatable, accessible and secure premises information box, to tie in with the height threshold for new buildings to require sprinklers and signage.

The Fire Safety Consultation consulted on a range of areas to strengthen fire safety. Where further work is required to develop policy, we will continue to consider the findings of the consultation and engage with the sector and stakeholders to inform ongoing policy development in these areas.

The Fire Safety Consultation also included proposals to implement recommendations from the Grenfell Tower Inquiry Phase 1 report requiring changes to the law. We will consider these proposals further in light of the consultation responses and—subject to the Fire Safety Bill gaining Royal Assent—intend to lay regulations before the second anniversary of the Grenfell Tower Inquiry Phase 1 report which will deliver on the Inquiry’s recommendations. These will include measures around checking fire doors and lifts.

Three of these proposals related to Personal Emergency Evacuation Plans (PEEPs). The Government’s commitment to implementing the Inquiry’s recommendations remains undimmed, as does our commitment to ensure those most affected by the tragic events at Grenfell Tower—the bereaved and survivors—continue to have a voice in their implementation. It is important that we get this right and ensure the voice of residents and those likely to be affected by the proposals are heard. That is why we have decided to undertake a further consultation this spring to seek additional views on the complex issue of personal emergency evacuation plans in relation to the proposals to implement the relevant Grenfell recommendations. Further details about this will be available soon on the Government’s website.

Finally, proposals to improve the engagement between Building Control Bodies and Fire Authorities in reviewing plans for building work and for the handover of fire safety information to the RP on completion will be implemented through changes to legislation and guidance.

We are determined to ensure that the public feel safe and are safe from fire in all regulated premises regardless of where they live, stay or work. These changes, alongside the Fire Safety Bill, Building Safety Bill and planned overhaul of the statutory guidance provided under the Fire Safety Order are important steps needed to strengthen the whole regulatory system for building and fire safety. Taken together they will help to ensure there is greater accountability and responsibility for fire and structural safety issues throughout the lifecycle of all buildings regulated by the Fire Safety Order.

Further detail of the changes we are making can be found in the consultation response. The consultation response will be available at:

https://www.gov.uk/government/consultations/fire-safety.

A copy will also be placed in the Libraries of both Houses.

[HCWS851]

Forensic Science Regulator Bill

Kit Malthouse Excerpts

3rd reading
Friday 12th March 2021 Commons Chamber

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

I pay tribute to the hon. Member for Bristol North West (Darren Jones) for bringing the Bill forward and for his constructive attitude, which has meant that this piece of legislation has had a smooth passage through the House over the last few months; I am grateful to him. I am also grateful to my hon. Friend the Member for Bolton West (Chris Green), who was his John the Baptist, if you like, in introducing the Bill previously, unfortunately falling foul of the timetable.

This is an important Bill that will put forensics across the UK on a much better footing and increase standards across the board for forensic evidence that is offered in court—something that has been in all our minds, sadly, over the last 24 hours. I am grateful to the Home Office team, who have worked so hard, along with the team of the hon. Member for Bristol North West, to get the Bill in good shape.

In particular, I am grateful for the gimlet eye of my hon. Friend the Member for Christchurch (Sir Christopher Chope), which was passed over the Bill extensively on Second Reading. He quite rightly challenged me on the difference between the cost of the Bill introduced in the previous Session, which was £100,000, and of the Bill before us, which was estimated to be £400,000. He will be pleased to know that his challenge to me resulted in some more robust analysis, which has reduced the annual cost to £220,000. I hope he believes that he has paid for himself, at least over the last 12 months and into the future. On that note, I commend the Bill to the House.

Prisons (Substance Testing) Bill

Kit Malthouse Excerpts

Report stage & 3rd reading
Friday 12th March 2021 Commons Chamber

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

I express my gratitude to my hon. Friend the Member for North West Durham (Mr Holden) and my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan), and I thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for his constructive attitude in helping us to get the Bill on to the statute book.

[Ms Lyn Brown (West Ham) (Lab) [V]]

I congratulate the right hon. Member for Chesham and Amersham (Dame Cheryl Gillan) and the hon. Member for North West Durham (Mr Holden), and on behalf of the Opposition Front-Bench team I thoroughly welcome the Bill.

Support for Women Leaving Prison

Kit Malthouse Excerpts

Tuesday 9th March 2021 Westminster Hall

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

It is a joy to appear under your moderating hand once again, Sir Charles. I am grateful to the hon. Member for Swansea East (Carolyn Harris) for this important debate in the aftermath of International Women’s Day. I ought to start by reassuring her and other hon. Members, and indeed my hon. Friend the Member for Thurrock (Jackie Doyle-Price), of my long-standing commitment to smart justice over tough justice.

Just over 10 years ago, I became devotee of Mark Kleiman, a remarkable academic in the United States, who sadly died a couple of years ago. He wrote a seminal book, which I would recommend to hon. Members if they can get hold of it, called “When Brute Force Fails”. It is an examination of the American criminal justice system, where many years of locking up more and more prisoners for longer and longer in the hope that it would do something about crime actually produced the reverse. It proposed a series of smarter, more innovative approaches towards criminal justice, which were, a decade or so ago, showing some potential.

I am pleased to say that one of those proposals—sobriety tagging for those for whom alcohol is driving their criminal behaviour—is now rolling out across the country. It has started in Wales, where just the other day we managed to tag our 100th offender with a sobriety tag rather than sending them for a custodial sentence. Compliance in that particular project is running in the high 90th percentile. It will be rolled out in England at end of this month. I hope that for all kinds of offenders—male, female or other nomenclatures—it is the kind of smart approach that will have benefits beyond the positive and negative of incarceration.

I will start by reaffirming what the hon. Member for Swansea East referred to as our ambition and commitment to fully delivering the female offenders strategy, which was published, as she said, back in June 2018. I am pleased that she expressed real hope about that strategy. As she said, it has three main aims: fewer women coming into the criminal justice system and reoffending, fewer women serving short custodial sentences, with a greater proportion managed successfully in the community, and better conditions in custody to enable rehabilitation and improved outcomes.

The strategy clearly articulates why we need a different approach for female offenders. They make up less than 5% of the prison population, but are among the most vulnerable in society in terms of both the prevalence and the complexity of their needs. Many live chaotic lives, as the hon. Member for Strangford (Jim Shannon) pointed out, and have experience of abuse, as well as of mental health issues, substance misuse, accommodation needs, and debt and finance problems. Female prisoners are more likely than male prisoners to have been taken into care and to have witnessed violence in the home as a child. More than 60% of female prisoners reported having experienced domestic abuse, as the hon. Gentleman mentioned, compared with 7% of male prisoners. Outcomes for women in custody are worse than for men, including high levels of self-harm.

Women are also more likely than men to be living with dependent children before imprisonment, and the consequent impact on families is therefore greater, increasing the risk of intergenerational offending. Each of the strategy’s aims is equally important, and each one is equally relevant to the subject of the present debate on support for women leaving prison. Clearly there will be fewer women leaving prison and requiring support if we can successfully reduce the number of women entering the criminal justice system and reoffending. Equally, if more women are managed effectively in the community, there will be fewer serving short prison sentences. For those women who must be sentenced to prison because of the severity of their crimes and to protect the public, providing better conditions in custody improves the chances of effective rehabilitation.

A number of Members mentioned the Government plans to build 500 more prison places in women’s prisons. Many Members argue that this proves the Government have abandoned their female offenders strategy, particularly the aims of having fewer women in custody serving shorter sentences, and more being managed successfully in the community, but I hope that my comments thus far make clear that that is not the case. However, the impact of the extra 20,000 police officers, with the likely increase in charge volumes, cannot be ignored and doing nothing is not an option. The long-term prison population is expected to increase over the six-year project horizon.

While custody should remain the last resort for most women, in line with the female offenders strategy in meeting projected demand, the expansion of the women’s estate will provide better conditions for those who do require custody. Our design principles include requirements around being trauma-informed and gender-specific, ensuring suitable visiting spaces are provided, greater in-cell communications options informed by the covid learning, and in open design the potential inclusion of rooms to support overnight visits for mothers and their children, currently available in only two women’s prisons. If we succeed in reducing demand for prison places, we will be able to close older, less suitable accommodation. Having reaffirmed the Government’s commitment to fully delivering the female offenders strategy, I would like to highlight our activity in two specific areas of support raised by Members this afternoon specifically for women leaving prison: accommodation and employment.

Offenders face significant barriers to securing suitable accommodation, often linked to their lack of access to the necessary funds, availability of local authority housing supply and affordability of or access to the private rented sector. A £70 million investment programme was announced in January to provide stable accommodation to these prison leavers. The investment will bring together the work on approved premises and the Bail Accommodation and Support Service with a new tier of provision for prison leavers at risk of homelessness.

To reduce reoffending and provide health and wellbeing support, we are launching a new accommodation service providing up to 12 weeks of basic temporary accommodation for prison leavers who would otherwise be homeless. This will launch in five of the 12 probation regions in England and Wales, and all individuals aged 18 and over released from prison and at risk of homelessness will be eligible, as will those moving on from approved premises who are also at the same risk. It is anticipated that the new intervention will begin in summer 2021 and provide support for approximately 3,000 service users, who will be subject to supervision by probation and have ongoing support from their community offender manager.

As part of its response to the covid-19 pandemic, the Ministry of Justice secured £11.5 million to support individuals at risk of homelessness on their release from prison and help them to move on to permanent accommodation. The scheme initially ran between 18 May and the end of August and provided up to 56 nights’ accommodation per individual, meaning some prison leavers were accommodated until 26 October. We reinstated the scheme on 22 October to run up to 31 March, meaning individuals may receive accommodation support up to 26 May this year.

While the scheme is an immediate response to support prison leavers at risk of homelessness, the Ministry of Justice is keen to utilise the learning gathered from the scheme to help develop longer term improvements. We have started to draw together learning with the intention of publishing a report in the autumn. To support the oversight of its covid-19 response, Her Majesty’s Prison and Probation Service set up seven homelessness prevention taskforces to help find accommodation for offenders upon release. These teams have been very successful in securing improved accommodation outcomes and building new local partnerships with local authorities and housing partners. The service is considering how they might be a feature of the future landscape.

On employment, Her Majesty’s Prison and Probation Service’s New Futures Network has a dedicated employment broker focused on partnering employers with prisons across the women’s estate. These partnerships result in work opportunities for serving prisoners that provide training skills, qualification and employment on release. Opportunities are available across a variety of industry sectors.

More recently, to mark International Women’s Day, Sodexo announced the launch of its SheWorks skills-building programme in three prisons. With the support of the New Futures Network, this will be extended to further prisons over the course of the year. Sodexo aims to fill 5% of its job vacancies with prison leavers and those with an offending background by 2023.

Additionally, from the end of April this year, the Clink charity’s kitchen training programme will be expanded to women’s prisons at Eastwood Park, Send and Downview, as part of a broader roll-out of the programme. The training scheme provides the opportunity to transform job prospects by delivering industry-recognised qualifications, training and work experience.

[Jim Shannon]

The Minister is setting out clearly some of the good things that can be done. Within those, in my contribution I mentioned social skills. It is important that people can leave prison and interact with people in a way that they can understand and feel the confidence that they need. Is this one of the measures that the Minister will introduce for those who are leaving prison?

[Kit Malthouse]

The hon. Gentleman is absolutely right. In discussions in the Ministry of Justice I have made it clear that my view, which I think is shared broadly by Ministers in the Department, is that there are three foundations for success in life post-prison. They are a job, a house and a friend—effectively, someone to hold your hand. If someone leaving prison has those three pillars in their life, they are much more likely to succeed on the outside. Too often, people have one, or possibly two, but certainly not all three. In the role that I am trying to put in place around integrated offender management—the reboot of that effort—that is what we are going to try to achieve.

The New Futures Network continues to support businesses that are part of the employers’ forum for reducing reoffending, to deliver new, tailored employment for women. Initiatives to be trialled include mentoring and thematic virtual sessions covering the development of soft skills, as the hon. Gentleman said. These will be offered to women serving the last few months of their sentence. The framework of support will be tested in three prisons.

Given the ambition of the hon. Member for Swansea East for the Government to go further, she will be pleased to know that as part of the January announcement to tackle and reduce reoffending, we are seeking to introduce and test new approaches and roles across education, employment, accommodation and substance misuse. HMP New Hall, which was mentioned, has been selected to ensure the specific needs of women are captured, so that learning can be shared across the female estate more broadly.

To conclude, I hope I have removed any doubts about the Government’s ongoing commitment to deliver fully the female offender strategy and that, in the time available, I have been able to provide clear examples of how we are working to properly support women leaving prison. As far as the extra 500 places are concerned, I hope that the hon. Lady and others will understand that, while we have to plan for the worst, and the impact of 20,000 police officers on the prison estate cannot be ignored, we will work very hard between then and now for a much better outcome than an increase in the prison population.

[Sir Charles Walker (in the Chair)]

Carolyn Harris, for two minutes.

Fire Safety Bill

Kit Malthouse Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

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

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 2, and Government motion to disagree.

Lords amendment 3, and Government motion to disagree.

Lords amendment 4, amendment (e) thereto, Government motion to disagree, and amendments (a) to (c) in lieu, amendments (f) and (g) in lieu, amendment (d) in lieu and amendment (i) in lieu.

Lords amendment 5, and Government motion to agree.

[Kit Malthouse]

It seems a long time since I spoke on this Bill in Committee in June last year. I am playing a small part in the Bill’s passage through both Houses, and I stand in today for the Minister for Security, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who led on the Bill at Second Reading and on Report last year. I am sure everyone in this House wishes him a full recovery.

Lords amendments 1 and 5 were moved by the Government on Report following advice that the Home Office received from fire safety operational experts on how to commence the Fire Safety Bill. In Committee, I announced that the Home Office had established an independent task and finish group whose role was to provide a recommendation on the optimal way to commence this Bill. The group was chaired jointly by the National Fire Chiefs Council and the Fire Sector Federation, and it brought together experts from across the fire and housing sectors.

On 28 September, the task and finish group submitted its advice to the Home Office that the Bill should be commenced at once for all buildings in scope. The Government accepted this recommendation.

The group also recommended that responsible persons under the Regulatory Reform (Fire Safety) Order 2005 should use a risk-based approach to carry out or review fire risk assessments, upon commencement, using a building prioritisation tool, and that the Government should issue statutory guidance to support this approach. The Government accepted this recommendation, which will support responsible persons. The Home Office, with support from the National Fire Chiefs Council and the Fire Sector Federation, will host the model once it has been finalised.

Lords amendment 1 will allow us to take forward the provision of statutory guidance to support that approach. The amendment ensures that the risk-based guidance, which will be issued by the Secretary of State to support commencement of the Bill for all relevant buildings, will have the appropriate status to incentivise compliance. It does this by stating explicitly that a court can consider whether a responsible person has complied with their duties under the fire safety order by complying with the risk-based guidance. Equally, if a responsible person fails to provide evidence that they have complied, it may be relied upon by a court as tending to support non-compliance with their duties under the order.

The amendment also creates a provision to allow the Secretary of State to withdraw the risk-based guidance, but this can be done only after consultation with relevant stakeholders. Our rationale for inserting this provision is that we believe a point will eventually be reached where, having followed a risk-based approach to prioritisation, responsible persons will have assessed all the fire safety risks for the external walls of their buildings. At that stage, there may no longer be a need for the guidance to remain in place.

I assure Members that the Government will commence the Bill at the same time as issuing the guidance, and Lords amendment 5 ensures that will happen. This amendment gained the support of the Opposition in the other place when put to a vote on Report. I also recall the comments of the hon. Member for Croydon Central (Sarah Jones) in Committee, when she said this Bill should be commenced at once for all buildings in scope and that a risk-based approach, like the one modelled in her home town of Croydon, should be adopted.

One of the recurring themes during the passage of this Bill has been concern over the number of fire risk assessors with the skills to undertake work on external wall systems. The task and finish group considered this issue as it looked at how responsible persons will be able to update their fire risk assessments, given there is limited capacity in the fire risk assessment sector—primarily of fire engineers working on complex buildings.

The group’s recommendation for a risk-based approach to an all-at-once commencement, on which we are acting, is the most practical way to deal with what is a complex issue. Our approach sends a signal to the fire risk assessor sector—mainly fire engineers—that their expertise should be directed where it is needed most, to the highest-risk buildings.

I thank all members of the task and finish group for their work in developing advice to the Home Office. The group has provided an optimal solution for commencing the Fire Safety Bill, allowing the Government to introduce the provisions at the earliest opportunity. It is important that we continue the good work undertaken with those relevant stakeholders on the task and finish group to regularly monitor the effectiveness of the risk-based guidance and the building prioritisation tool. These provisions will allow us to take forward the recommendations from operational experts in the field of fire safety. I hope that hon. Members will support Lords amendments 1 and 5, as agreed in the other place.

Lords amendment 3 seeks to introduce a power that the Secretary of State must use to make regulations to establish and keep up to date a public register of fire risk assessments. As you have confirmed, Madam Deputy Speaker, this amendment engages financial privilege and will not be debated. The amendment invokes significant financial concerns. To provide a sense of the scale of costs, we can point to two things. First, based on the number of buildings requiring a fire risk assessment, our initial estimate is that the cost to the public purse of a public register of fire risk assessment is above £2 million per annum.

Secondly, these costs would likely be broadly commensurate with the expenditure of maintaining a database of energy performance certificates. That system was mentioned by Opposition colleagues in the other place, who stated that something similar should be introduced for fire risk assessments. The current database of energy performance certificates is housed centrally in the Ministry of Housing, Communities and Local Government. The current costs for this are around £2 million per year, but under private contractual arrangements used previously, they were approximately £4 million a year. Notwithstanding the issue of financial privilege, I sympathise with the intent behind the amendment, and we will not rule out doing this in the future. However, there is a need for detailed policy consideration prior to implementation of such a database, which makes this the wrong time to impose this measure in primary legislation.

I raise just a couple of points to underline our view that the amendment is not appropriate. The amendment would, in effect, create a legal duty on responsible persons to make publicly available the full fire risk assessment for all buildings falling within the scope of regulation owing to the fire safety order. In its current form, the amendment would potentially mean that anyone would be able to access the fire risk assessments for a wide range of premises, including schools, hospitals, care homes and Government buildings. We would have concerns over the risk that posed to security, particularly if the information was accessed by somebody with malicious intent.

Linked to the security issue is the level of information that could and should be made available if a system of recording fire risk assessments is created. For example, a fire risk assessment can often be technical and is very different from an energy performance certificate. It may, for example, prove more effective and transparent to publish a summary of a fire risk assessment, rather than the full document. However, the Government agree with the principle of residents being able to access vital fire safety information for the building in which they live, and we propose introducing legislative provision to allow them to do so in our fire safety consultation. It is important to take a proportionate and appropriate approach to sharing information with residents. However, I hope that hon. Members will understand my concerns and the reason why the Government will resist the amendment.

Lords amendment 2 would place in primary legislation several specific requirements on the owner or manager of a building that contained two or more domestic premises. I recognise that many in this House and the other place wish to see legislative change on this as soon as possible. The Government share that objective, which is why we committed to implementing and legislating for the Grenfell inquiry’s recommendations in our manifesto. The Fire Safety Bill is the first step towards this. It was always intended to be a short, technical piece of legislation designed to clarify that structure, external walls and flat entrance doors should be included within the fire safety order. We need to deliver on that as soon as possible, to ensure that fire risk assessments are updated to take account of the risks in those areas. We intend to implement the areas specified in Lords amendment 2 through regulations, and as such the amendment is unnecessary.

It is not helpful, I have to say, for the House to keep returning to this issue. It risks causing confusion, as we saw through misleading media coverage of Commons Report stage. It also raises doubts in relation to the Government’s commitment to implementation, when all along we have been crystal clear about our intentions. I reassure the Grenfell community, who I know were distressed by the publicity at Committee stage, and those in the House and the wider public that the Government remain absolutely steadfast in our commitment to implement the inquiry’s recommendations.

I am sure everyone across the House accepts the importance of consulting when proposing significant changes to legislation. The importance of that was underlined by the Grenfell inquiry chair, who said that it was important that his recommendations

“command the support of those who have experience of the matters to which they relate.”

Furthermore, the National Fire Chiefs Council’s published response to our fire safety consultation states:

“NFCC supports the Government’s approach to publicly consulting on how to implement the Grenfell Tower Inquiry Phase 1 recommendations. This consultation provides an opportunity to gather wider views on how to practically deliver the recommendations in a way that brings the maximum benefits to public safety.”

--- Later in debate ---

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

I am glad that the Minister has confirmed that extra £3.5 billion, bringing the total to £5 billion. Will he confirm that this will fully cost the removal of the cladding, and that those leaseholders who live in high-rise buildings will not have to foot the bill?

[Kit Malthouse]

That is the case. I know that my MHCLG ministerial colleagues have been in this place and debated this extensively and, having made the case to the Treasury, it was gratifying to see this money come forward. It will assist those who are living in fear in high-rise buildings in particular, but also those in mid-rise buildings, who, as I am sure my hon. Friend knows, will benefit from a financing scheme.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Unfortunately, leaseholders in my constituency have been left in the dark after the announcement the other day because, despite the co-operation between the Welsh Government and the UK Government on the details of this Bill, they have been unable to get answers on the crucial issues of the building development levy and the new tax and on whether there will be any new money for Wales in the proposals laid out by the Secretary of State. Will the Minister urgently respond to the letter from the Welsh Housing Minister, Julie James, which asks reasonable questions and sets out constructive solutions, and will he and his MHCLG colleagues meet me to discuss these issues and find a solution for leaseholders across the United Kingdom?

[Kit Malthouse]

I understand the hon. Gentleman’s impatience, and it is shared by us all across the House. The scheme is in development, as I understand from MHCLG, and I know that Ministers are working hard to get the basis, the foundations and the system in place so that the money can be distributed as quickly as possible. Happily, in terms of high-rise buildings, I think we are well over 90% that are either remediated or in the process of being remediated, but I completely agree with him that we need to work with all urgency to bring as much possible relief from the stress of living with this cladding in the future. I will certainly ask my colleagues at MHCLG to consider his offer of a useful meeting. I know they will be responding to correspondence from the Welsh Government as quickly as possible.

[Ben Everitt (Milton Keynes North) (Con)]

I think we all recognise the frustration exhibited by the hon. Member for Cardiff South and Penarth (Stephen Doughty), which is shared across the House. Perhaps the Minister could explain what steps the Government are taking to make sure that the construction industry pays its fair share in the remediation and the future prevention of risk.

[Kit Malthouse]

I am grateful to my hon. Friend. As Members who have perhaps been in the House a little longer than he has will know, I was Housing Minister for a brief period of 12 months about 18 months ago, and the work started then of sitting alongside the construction industry to get it to stand up and fulfil its obligations to the people who were living in defective high-rise buildings in particular. A number of firms did and, from working with them through the Treasury, the Department for Business, Energy and Industrial Strategy and MHCLG, I know that there is a new atmosphere abroad. That is certainly part of the challenge that we face: it is not just about the regulation we are putting in place today, but a cultural change in the industry towards building safety so that it is now a full partner in facing the challenge for the future.

Government funding does not absolve building owners of their responsibility to ensure their buildings are safe. We have been clear that building owners and the industry, as my hon. Friend has just said, should make buildings safe without passing on costs to leaseholders. They should consider all routes to meet costs including, for example, through warranties and recovering costs from contractors for incorrect or poor work.

We have always been clear that all residents deserve to be and feel safe in their homes. We are working at pace to ensure remediation of unsafe cladding is completed, and we have an ambitious timescale to do so. As I said earlier, about 95% of high-rise buildings with Grenfell-type ACM cladding identified at the start of 2020 have completed remediation or had works on site by the end of last year. However, I am afraid the Bill is not the correct place for remediation costs to be addressed. It is a short but critical Bill to clarify that the fire safety order applies to the external walls, including cladding, and flat entrance doors in multi-occupied residential buildings. That means the responsible person must include those parts of the building in their fire risk assessment. That does not include the remediation of historical defects. It does not have the necessary legislative detail that would be needed to underpin such amendments in regulations. The Building Safety Bill is the appropriate legislative mechanism for addressing these issues, and it will be introduced in the spring. It will contain the detailed and complex legislation that is needed to address remediation costs.

[Gareth Davies (Grantham and Stamford) (Con)]

Does my hon. Friend believe that incorporating these amendments might delay the Bill and mean that we cannot execute these measures now?

[Kit Malthouse]

I am afraid that that is the fundamental risk we face at the moment. We want to get the Bill on the statute book as quickly as possible. It forms the starting block of a complex web of legislation and regulation that is required to bring about changes in building safety across the whole country. I hope that Members recognise that the potential delay that may be inserted by a back and forth between the Houses over this particular issue is not useful. As I say, this issue should be debated during consideration of the Building Safety Bill, which will be brought forward shortly, and I know that Members will embrace that particular piece of legislation.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Will my hon. Friend give way?

[Kit Malthouse]

I will make a little progress, if I may, just to outline why that is. These amendments, I am afraid, are not sufficiently clear or detailed to deliver on what Members say they wish to achieve. They would require extensive drafting in primary legislation, thereby, as we have just discussed, delaying the implementation of the Fire Safety Bill and the crucial measures it puts forward to improve the fire safety regulatory system.

--- Later in debate ---

[Kevin Hollinrake]

I am grateful to my hon. Friend for all the work he did as Housing Minister to resolve this issue; we met on many occasions to discuss it. Does he agree that this amendment is self-defeating in that it puts the onus for any fire safety work back on the owner, who, given debts or the cost of that work, will simply walk away? These owners have probably paid a few thousand pounds per flat to collect, rightly, ground rent. If we put a debt on them for £40,000 per flat, they will simply walk away, and who will then carry the can for the work?

[Kit Malthouse]

My hon. Friend speaks with some expertise in this area and has been a constant presence in debates on this matter over the past few years. He is right. The amendment is self-defeating given the number of, for example, freeholds that are held in limited liability vehicles, which could, in the position he points out, simply put themselves into some kind of insolvency procedure. That is why any measure along these lines would need to be scrutinised carefully and thought about in a little more detail before we brought it in.

Alongside all that, my right hon. Friend the Secretary of State for Housing, Communities and Local Government has committed to taking decisive action to end the cladding scandal once and for all through the Government’s five-point plan to provide reassurance to homeowners and build confidence in the housing market. Funding will be targeted at the highest-risk buildings, in line with long-standing independent expert advice and evidence. Lower-rise buildings with a lower risk to safety will gain new protection from the costs of cladding removal through a long-term, low-interest Government-backed financing scheme. The Government are also committed to making sure that no leaseholder in these buildings will pay more than £50 per month towards this remediation. Let me be clear: it is unacceptable for leaseholders to have to worry about the cost of fixing historical safety defects in their buildings.

I ask hon. Members to recognise that while these amendments are based on good intentions, they are not the appropriate means to solve these complex problems. By providing unprecedented funding and a generous financing scheme, we are ensuring that money is available for remediation, accelerating the process, and making homes safer as quickly as possible. I give my assurance that the Government schemes to address these issues will be launched as a matter of priority and that we will provide an update on the underpinning details, as Members have urged us, as soon as we are in a position to do so. For the reasons set out, I hope that the House will see fit to support me in my aspirations with regard to these and other amendments.

[Sarah Jones (Croydon Central) (Lab)]

It is a pleasure to follow the Policing Minister. I, too, put on record my best wishes to the right hon. Member for Old Bexley and Sidcup (James Brokenshire), who cannot be here to lead for the Government today. We all wish him a speedy recovery

I thank our fire and rescue services, who are going above and beyond to keep us safe and have worked tirelessly to protect us throughout the covid pandemic. I am grateful to Ministers, to officials and to House staff who have worked with us on this Bill. I give particular thanks to Yohanna Sallberg and Kenneth Fox, who have supported me, in particular, throughout the Bill’s passage. I thank Lord Kennedy of Southwark, and all those Lords who have led this Bill through the House of Lords, and ensured that Labour’s key amendment on implementing the Grenfell phase 1 recommendations was accepted there.

Every time we debate and discuss the aftermath of the Grenfell Tower fire, we hold the memory of those who died in our hands. We must be gentle and respectful, but we must also see the injustice, and honour those who died by taking action, and by not resting until justice has been done and everybody has a safe home that they can afford. I pay tribute to the campaigners—Grenfell United, the families, survivors, and the entire community—for their tireless fight for justice. I also pay tribute to those campaigners who are fighting every day for the hundreds of thousands of people who are trapped in unsafe buildings, and who face extortionate bills and are unable to move. The drumbeat of their lives is fear and anxiety. No Parliament can ignore that.

Thousands of people are working on this, but I particularly thank Ritu and Will from the UK Cladding Action Group, for their assiduous efforts. I thank the 200 people who joined our roundtable this morning, so that we could hear at first hand the horrors that this Government are wilfully enabling. As Ritu said, “we are fellow human beings in these buildings—your family, your friends, your colleagues.” To everyone who is affected, and who is living in fear and anxiety, I say sorry—we must do better.

As we have said throughout the passage of the Bill, we support it, but it is small and the only piece of concrete legislation we have had since Grenfell. That is not an adequate response to the biggest housing safety crisis in a generation. It does not even scratch the surface of the work that must be done to fix the wild west of building control and fire safety that we have seen played out with such horror over the past few weeks during phase 2 of the Grenfell inquiry. It has taken so long to get here, and at every stage we have had to drag the Government into action.

The Government promised to act swiftly after Grenfell, yet it took them almost three years to introduce this Bill. We waited 12 weeks just for them to bring the Bill back to consider Lords amendments. This is intended to be a foundational Bill. Its purpose is to provide clarity, and state what is covered by the fire safety order, which will inform other related and secondary legislation. In Committee the Minister said that the Government intend to legislate further, and he spoke many times of action still to come, as he did today. By this stage, however, we need more than vague commitments about secondary legislation. At the very least, we need a clear timetable from Government that sets out when further changes to the Regulatory Reform (Fire Safety) Order will be delivered, when secondary legislation will be introduced, and when the Bill will be implemented.

In response to a deeply frustrated letter from Grenfell survivors in September, the Government said that the introduction of the Fire Safety Bill was a key priority, yet the Bill does not include provision for any of the measures called for by the first phase of the Grenfell inquiry. We would like many issues around improving fire safety to be included in the Bill, but many will now have to be introduced through the draft Building Safety Bill and by secondary legislation. We have no idea when any of those things will happen.

--- Later in debate ---

[Aaron Bell (Newcastle-under-Lyme) (Con) [V]]

It is a pleasure to follow the hon. Member for Westmorland and Lonsdale (Tim Farron). Like many other Members, I extend my best wishes to my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire). We all hope to see him back in his place as soon as possible.

I welcome the opportunity to speak in this debate. This is the first opportunity I have had to speak on this extremely important Bill, and naturally my thoughts turn to the unimaginable tragedy of Grenfell Tower, which none of us will forget—it shocked and horrified us all throughout the country. I know that the Government are gripped by a determination to right the wrongs of the past and to bring about the biggest improvement to building safety in a generation, to prevent such a tragedy from ever happening again.

While I am speaking about Grenfell, I pay tribute to my hon. Friend the Member for Kensington (Felicity Buchan) and her speech earlier. She is right that we need to get on with it rather than muck about with parliamentary procedure. That brings me to the reason why I support the Government’s positions today. The Queen’s Speech committed the Government to introducing two Bills on fire and building safety. This Bill, the first, is straightforward but is nevertheless an important step. I very much await the second Bill, the Building Safety Bill. We have to get things right in the right order, and we have to proceed as quickly as possible.

On the substance of this Bill, I certainly welcome the policy intention. It is a profoundly important step towards remedying the flaws in the building safety regime that were identified in the Hackitt report. It is a narrowly drafted Bill, but it enables legal certainty. When the Housing, Communities and Local Government Committee did pre-legislative scrutiny of the Bill, we heard a lot of evidence suggesting that it was a compelling vision for the future of the industry. The Fire Action Safety Group called it “a positive first step”—I recognise that the group said “first step”—and the London Fire Brigade said it went

“a long way towards meeting the policy objective of a robust regime.”

On that, I think we can all agree.

There are, though, other issues in respect of the remediation of safety problems. I am sure I am not alone in having received emails from a number of leaseholders worried about the unaffordable costs of remediation. They are uncertain and worried, and some face negative equity. I agree with those who have said today that nobody should be in such a position. I can only imagine how I would have felt in my 20s or 30s if I had received a letter suggesting that I had a liability of tens of thousands of pounds. I do not minimise those concerns. However, I do take the Government at face value when they say that the Bill, as drafted, does not have the necessary legislative detail to underpin the amendments in the names of my hon. Friends the Members for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith)—a problem my hon. Friend the Minister referred to in his opening speech. Accepting these amendments would require extensive drafting of primary legislation to make them legally workable. That would significantly delay the implementation of the Bill, and I am concerned about the consequences of that.

It is clear that high-rise buildings in this country should never have been fitted with this dangerous, unsafe cladding. It is vital that we take the steps to make this right once and for all—making those buildings safer and protecting residents from crippling costs—and at a pace that the severity of the situation demands. We must ensure that Grenfell can never, ever happen again.

[Kit Malthouse]

I thank the many Members who contributed to this at times impassioned debate about a matter that is of interest to all of us. I know that my fellow Ministers at the Home Office and, indeed, at the Ministry of Housing, Communities and Local Government will take on board the many points raised. Given the time available to me, I apologise that I am not able to address all the questions put forward. However, I will turn to some of the main themes that have dominated the debate, not least the remediation issue, about which there has been such natural and understandable focus.

It might be worth restating at the beginning the broad task that lies ahead of us as a House and, indeed, as a Government. It falls in three areas. First, we have to deal with remediation as quickly as possible. We talked a lot about that today, and about how we can perhaps increase the pace. Obviously there have been significant steps recently, not least the money that has been put forward. Secondly, we have to restore a proper appreciation of risk and value to affected properties, so that the finance industry and insurance industry can do their work in enabling the transfer of those properties and their protection correctly, rather than the current “computer says no” system.

[Kevin Hollinrake]

The Minister mentions the time that this will take. Whatever money is put forward, it will take five or 10 years to remediate many buildings. Insurance costs have quadrupled for many residents. There is a solution on the table, provided by the Association of Residential Managing Agents, in which the Government take a top-sliced risk, which would put those premiums back down. Will he look at that proposal and see whether that could be put in place to ease the burden on many leaseholders?

[Kit Malthouse]

Secretary of State—sorry; Mr Deputy Speaker. You never know. My hon. Friend raises, as usual, a constructive point. I know that the Secretary of State for Housing, Communities and Local Government and, indeed, the Chancellor are meeting with banks and the insurance industry to see what solutions may come forward. The third strand of work is obviously to build a system of building safety and regulation for the future, so that the terrible tragedy of Grenfell can never happen again.

I turn to some of the questions asked. First, I was asked, not least by the hon. Member for Croydon Central (Sarah Jones), why we cannot give a firm timetable for the building safety legislation programme. I recognise that there is an intent and a desire for certainty, and we want to legislate at the earliest possible opportunity. However, Members should also be aware that making these fundamental reforms to building safety is incredibly complex, so it is important that we get this right, as a number of Members raised, by ensuring that our measures are properly scrutinised by experts and Parliament before we legislate.

The Building Safety Bill has more than 140 clauses, and I cannot prejudge the time that Parliament will need to properly scrutinise this important piece of legislation before it is put on the statute book. It is for that reason that I cannot provide specific dates for when legislation will come into force, but I emphasise again that the Government are as committed as ever to delivering the inquiry’s recommendations. We will bring the Fire Safety Bill into force as early as possible after Royal Assent. The regulations will follow as early as practicable, and we expect the Building Safety Bill to be introduced after the Government have considered the recommendations from the HCLG Committee, and when parliamentary time allows. We are therefore resisting the Labour amendment, for the extensive reasons that I mentioned in my opening speech. We think it is unnecessary and inflexible. I restated various points as to why we think that is the case earlier.

I turn to remediation, and particularly the amendments laid by my hon. Friend the Member for Stevenage (Stephen McPartland) and my good and hon. friend the Member for Southampton, Itchen (Royston Smith). We recognise that they care deeply about this issue, as do many Members from across the House, and they have obviously worked hard to represent their constituencies with dedication and passion. Having sat with leaseholders, in my role as Housing Minister, and with the bereaved and survivors of the Grenfell community, I am aware, as of course we all are, of the terrible anguish and worry that this has caused to many. We agree with the intent to give leaseholders the peace of mind and financial certainty they crave.