Police, Crime, Sentencing and Courts Bill

Kit Malthouse Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

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

I beg to move, That this House agrees with Lords amendment 2.

[Mr Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 70, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 72, and Government motion to disagree.

Lords amendments 114 to 116, Government motions to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 141, and Government motion to disagree.

Lords amendment 142, and Government motion to disagree.

Lords amendments 3 to 57, 59, 60, 108 to 113, 117, 147, 153 and 154.

[Kit Malthouse]

I propose first to talk about some of the key changes made to the Bill in the other place as a result of amendments brought forward by the Government, then to turn to the Lords amendments with which, sadly, the Government disagree for various reasons.

The Bill as passed by this House already included a number of significant measures to tackle violence against women and girls, and we have added to them during the Bill’s passage in the Lords. Lords amendments 13 to 15 make it clear in the Bill that domestic abuse and sexual violence are included within the meaning of the term “violence” for the purposes of the serious violence duty. It was always our wish that the serious violence duty should be all-encompassing, but following representations by Baroness Burton and others who were concerned to emphasise its importance, we are happy to agree to this being included in the Bill. The accompanying statutory guidance, which will be subject to public consultation, will make it clear that local areas, in drawing up their strategies to prevent and reduce serious violence, can and should include measures to tackle domestic abuse and sexual violence based on their local assessments.

With regard to Lords amendments 34 to 55, on Report in this House the Minister of State, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), reiterated the Government’s commitment to ensuring that the provisions of the Bill relating to the extraction of information from electronic devices are accompanied by strong privacy safeguards. These Lords amendments deliver on that commitment. Among other things, they add a new clause setting out the conditions that must be met in order for a device user to be treated as giving agreement to the extraction of information. These changes will increase victim confidence and ensure that the individual’s right to privacy is respected and placed at the centre of all investigations.

Lords amendment 56 will create new offences to criminalise recording images of, or operating equipment to observe, a person at a time when they are breastfeeding, without the person’s consent or reasonable belief that they consent. On Report, the hon. Member for Walthamstow (Stella Creasy) made a powerful case for introducing such offences. Although at that time we made it clear that the Law Commission is currently reviewing the law in this area, we do believe that this amendment will ensure that parents are protected from non-consensual photography and can feel safe to breastfeed in public, ahead of the publication of the Law Commission report later this year.

Another compelling argument was made on Report last July by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who is sadly not in his place, to address concerns that the time limit for bringing prosecutions for common assault or battery involving domestic abuse is unfairly short. Currently a prosecution for common assault or battery must be brought within six months of an offence occurring. However, victims of domestic abuse may often, understandably, take some time to report an offence, leaving the police and the Crown Prosecution Service with little time to conduct an investigation and prosecute the offender. In some instances, the time limit has expired before the victim even approaches the police. To address this issue, Lords amendment 57 will extend the time limit for commencing a prosecution for common assault or battery involving domestic abuse so that the six months runs not from the date when the offence occurred but from when it is formally reported to the police through either a witness statement or a video recording made with a view to use as evidence. A prosecution must be commenced within an overall limit of two years of the offence. This amendment will make a real difference to victims of domestic abuse and stop perpetrators hiding behind an unfair limitation on victims’ ability to seek justice.

Lords amendments 59 and 60 will ensure that the police’s processing of personal data in non-crime hate incident records is made subject to a code of practice issued by the Home Secretary. The amendments will address concerns raised by my hon. Friend the Member for Shipley (Philip Davies), also sadly not in his place, in this House and by Lord Moylan and others in the other place by bringing parliamentary oversight to this process. The College of Policing is currently responsible for producing non-statutory hate crime operational guidance. The Government’s statutory code of practice, once in effect, will replace the relevant section of this guidance on non-crime hate incidents. The college’s guidance will remain in place until the new code enters into effect. When drafting the code, the Government will work closely with policing partners, including the College of Policing and the National Police Chiefs’ Council, to make sure that it will respect the operational importance of recording non-crime hate incidents to help to keep vulnerable people and communities safe while balancing the need to protect freedom of expression.

Let me turn to the Lords amendments that the Government cannot support—at least, not in their current form. Lords amendment 70 would require the Secretary of State to establish a review of the prevalence of, and the response of the criminal justice system to, the offence of administering a substance with intent under section 61 of the Sexual Offences Act 2003—commonly known as spiking. The Government share widespread concern about the offence that has prompted this amendment, whether spiking of drinks or spiking by needles, and we are taking the issue extremely seriously. I particularly commend my hon. Friend the Member for Gloucester (Richard Graham) for bringing forward his recent ten-minute rule Bill on this issue. Everyone should be able to enjoy a night out without fearing that they will be a victim of this dreadful crime.

In September 2021, the Home Secretary asked the National Police Chiefs Council to review urgently the extent and scale of needle spiking. It is clear from what the police have told us that this behaviour is not exclusively linked to sexual activity and that it demands a response that goes beyond the criminal justice system. We have therefore tabled our amendment in lieu of Lords amendment 70, which is drafted more broadly than the Lords amendment and is not linked to any specific offence. It will require the Home Secretary to prepare a report on the nature and prevalence of spiking and to set out the steps that the Government have taken or intend to take to address it. In this context we are also exploring the need for a specific criminal offence to target spiking directly, as my hon. Friend recommended in his ten-minute rule Bill. The Home Secretary will be required to publish this report and lay it before Parliament within 12 months of Royal Assent. In preparing the report we will want to take into account the findings of the current inquiry by the Home Affairs Committee. This approach addresses the concerns that prompted the Lords amendment but in a way that enables the Government to consider the issue in the round.

Lords amendment 72 seeks, in common parlance, to make misogyny a hate crime. Hon. Members may be aware that in December last year, at the Government’s request, the Law Commission provided recommendations on the reform of hate crime laws. Looking very carefully at this issue, it found that adding sex or gender to hate crime laws may prove “more harmful than helpful”, as well as “counterproductive”. The principal reason is that it could make it more difficult to prosecute the most serious crimes that harm women and girls, including rape and domestic abuse. Obviously such an awful unintended consequence is not the intention of those who tabled the amendment in the other place. As such, the amendment seeks to exclude certain offences where the risks to their prosecution are acute.

The Law Commission looked at every possible model and unfortunately also found the one proposed in the amendment unsatisfactory. Time is short and I do not want to dwell on all its problems, but the review identified that to reflect sex and gender in some offences but not others would make the law very complex and imply that very harmful excluded offences such as rape are less serious, would result in tokenistic coverage of many misogynistic crimes, and would create new inequalities in how different groups are protected by hate crime laws.

[Joanna Cherry (Edinburgh South West) (SNP)]

The inner house of the Court of Session, Scotland’s highest court, has recently clarified that in the Equality Act 2010 “sex” does indeed have the meaning set out in section 11—that is, that it refers to one or other sex, male or female. Does the Minister share my concern that this amendment has that definition of “sex” but the word “gender” is undefined? Is he aware that many feminists feel that gender is not the same as sex and that in fact gender is a tool of sex-based oppression?

[Kit Malthouse]

I acknowledge some of the problems with the amendment that the hon. and learned Lady sets out. I think it is Women’s Aid that rejected the amendment and said that it would do more harm than good on the basis that she outlined: it is not specific about targeting crimes against women in particular.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I would like to correct the record, because that is not what Women’s Aid has said.

The Minister highlighted the issue of a carve-out as being the reason why the Government do not believe in adding sex or gender to ensure that any perpetrator who attacks a woman or someone they believe to be a woman can be captured by the offences in question. I think we would all agree that is important, but he argues that the carve-out is not the right thing to do. Does he also make the same argument then that it is tokenistic to carve out offences based on racial or religious hatred, which we already do in our legislation? We have carve-outs. Stephen Lawrence’s killers were not prosecuted for a hate crime, but we recognise the hate behind it. Why does he think that women do not deserve the same protection?

[Kit Malthouse]

I had hoped to avoid the approach that the hon. Lady takes. Of course we believe that women deserve strong protection—we absolutely do—but all I can say to the hon. Lady is that the Law Commission, in looking at the evidence over a three-year period and consulting widely across the sector and society more generally, found that the additional complexity was likely to make it harder to prosecute these crimes. I ask her to reflect on the fact that in proceedings in this House, she put her name to an amendment compelling the Government to adopt the Law Commission’s proposals in full. I am not sure why she has now reversed that position, but I hope she appreciates that we are as dedicated to and interested in the safety of women as she is.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend and I worked hard on the issues underpinning the Bill and on the Bill itself. May I press him on Lords amendment 72? I accept that the amendment is defective. It does not create a new offence, however, but is about aggravating factors in sentencing. I commend to him the positive findings of the Law Commission, namely its proposal to develop an offence of street harassment, albeit with a sexual motive. I take issue with that—I think it needs to be a wider offence of street harassment, because we need to deal with wider issues than sexual motive—but I press the Minister to commit the Government to getting on with work on the Law Commission’s important recommendation to create a new offence based not just on racial hatred, but on hatred motivated against gender or sex.

[Kit Malthouse]

My right hon. and learned Friend is right that we need to have a serious look at the suite of offences used in this area. He will know that many street harassment offences are classified as some kind of public order offence. That causes a number of problems, not least the lack of transparency with the police’s analysis of what is going on out there in our streets.

There are three further areas of work that we want to turn to, as we sadly reject this amendment, well motivated though it absolutely is, on the basis of the Law Commission’s evidence. Those three areas are first, as my right hon. and learned Friend says, to adopt the Law Commission’s other proposal of looking at a specific offence of public sexual harassment, as my neighbour, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), asked for today. Personally speaking, I think it could be a new offence, but it could be some amendment to public order offences to allow us to deal with this particular issue.

The second area is police recording. My right hon. and learned Friend the Member for South Swindon has raised the issue a number of times with me outside the Chamber, and he is right that we need to look carefully at the forces recording data at the moment, what they are learning from it and what impact it has, because the Law Commission was equivocal about the value of that recording. I am not convinced personally, and I would like to understand what impact it is having from a policing point of view.

The third area of work I would like to see is encouragement of reporting. One of the key things, whatever the offence type, is that we know a lot of women, particularly in the public realm, who are harassed do not have the confidence to come forward or do not think anything will happen if they do. I am pleased that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean), is today launching an extensive communications campaign called “Enough”, encouraging bystanders and peers to report this kind of behaviour to the police.

[Sir Robert Buckland]

I have listened with care to my right hon. Friend, and I accept what he says. I am encouraged by what he says about development of the law. May I press him on reporting and recording? As part of the Domestic Abuse Act 2021 process, we undertook to ensure that recording was rolled out nationally. That was more than a year ago. For that to happen, there must be proper expedition on this. It is no good saying that there is not a particular offence on which the police can hang this recording. We need to get on with it, because the time is coming, sooner or later, when there will be a relevant offence, and I would rather that the Government were ahead of the pack rather than behind.

[Kit Malthouse]

I completely agree with my right hon. and learned Friend, and I am as impatient as he is, not least because I am keen to kick off some analysis programmes looking at particular patterns of behaviour in particular postcodes. We men all know women who have been subject to this kind of abuse out in the public realm. My personal theory is that this sort of behaviour is not something a man does once. Much of this offending is repeated, and there are prolific offenders in particular neighbourhoods who could and should be identified, and they would be if we were better able to record it and had more transparency from a public order offence point of view. That is what we will be committing to do.

[Richard Graham (Gloucester) (Con)]

I am grateful for what the Minister has said, particularly about the early amendment on spiking. On this particular offence of misogyny, can we have it on the record in this House that no one in this House has any time for misogyny? The issue is purely one of law and what will be most effective. Everything that my right hon. Friend the Minister has said in answer to my neighbour, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), is extremely relevant. Does my right hon. Friend recognise that some police forces, such as my own—Gloucestershire constabulary—are recording data on this and believe it to be useful? I hope he agrees that that could be an encouraging form of evidence towards the aggravating factor he referred to earlier.

[Kit Malthouse]

I completely agree with my hon. Friend, and he is absolutely right that we need to look carefully at the recording patterns and what they are telling forces such as Gloucestershire about how they can and should intervene in particular neighbourhoods. We then need to look to other forces exhibiting the same patterns of offending, but not necessarily recording it, so that we can act to spread this kind of practice more widely.

I am encouraged by my hon. Friend’s sense of cross-party enthusiasm for this issue. I know that some in the House—I am not sure necessarily anybody present here—would seek to make it a political issue, but as the person who devised and published the first ever violence against women and girls strategy in the entire country when I was deputy Mayor for policing at City Hall, I am proud of the work I have been able to do in this particular area over the past decade or so, and I hope I will do it for many years to come. This issue breaches all divides, because we are all sons, brothers, sisters, fathers—whatever it might be—and we all know people who have been subjected to this crime.

[Wera Hobhouse (Bath) (LD)]

The amendment to the hate legislation does not create a new offence, and the Minister will be aware of that. I had a long discussion with the Law Commission last week, and it admits that not all women’s rights organisations agree with its view. Many organisations, such as the Fawcett Society and the Young Women’s Trust, support this amendment.

[Kit Malthouse]

All I can do for the hon. Lady is quote from the Law Commission’s report, which I assume she has read, extensive though it is. It specifically states:

“We recognise that many people may disagree with our conclusion and find it difficult to understand given the prevalence of sex and gender-based violence and abuse…our recommendations have been decided…on the strength of the evidence and policy considerations before us.”

I hope she will understand that notwithstanding the division of opinion there may be, the fact that the Law Commission—after three years, and with weighty legal minds—disagrees with this move, along with large women’s organisations, such as Rape Crisis, means that in all conscience we cannot support an amendment that they say will make things worse. We have to commit ourselves to making things better and by other means, as my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) has pointed out. That is exactly what I am doing today.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for all his work. I am concerned about how ladies and girls will have confidence in the processes coming forward. He has clearly said that the amendment is not acceptable because he feels that, legislatively, the Government are addressing those issues, but the people who speak to me—the ladies and gentlemen, and the young girls in particular—need to have confidence in the processes. I do not see that, so how will he legislatively ensure that that is there for ladies and girls?

[Kit Malthouse]

I completely sympathise with the hon. Gentleman’s sentiment. Having been in this House for nearly seven years, I have often realised that we mistake the introduction of legislation for actually doing something out there on the street. Although we can and should legislate to make things crimes and to better dispose of them, we actually need somebody to take off their bicycle clips, walk out of the office or station and do something different out there on the street to make those of us in society who feel unsafe—particularly, sadly, women and girls—feel safer.

We are trying to give concrete life to that through schemes such as the safer streets fund, where we are specifically spending money on public realm improvements, whether that is CCTV or better street lighting, in areas where women and girls feel unsafe. I hope that the huge increase in police numbers that we are seeing at the moment will see more uniforms out there on the street in those areas where women and girls feel unsafe. There are wider cultural issues that we also need to address. The hon. Gentleman is right to point out, however, that legislation will only take us so far and that what is required is action out there on the streets.

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

It sounds a bit like the Minister is saying that the words we say in here do not really matter, but the legislation that we pass here, including making misogyny an aggravating factor, sends messages to people out there. When I sat on the Committee of the Voyeurism (Offences) Act 2019, the Government were clear that although other laws could be used to stop the awful practice of upskirting, it needed to be in a clear law against it. During the passage of that Act, they promised that they would look at and bring forward a measure to make misogyny an aggravating factor in hate crime. Why are they delaying on the promises that they have made?

[Kit Malthouse]

I am sorry, but I am not sure that the Government ever made that promise. [Interruption.] Hold on, I do not know whether the hon. Gentleman has read the Law Commission’s report. Has he read it?

[Lloyd Russell-Moyle]

I have read the section that the Minister is referring to.

[Kit Malthouse]

The Law Commission report is unequivocal about the dangers that it may present. The hon. Member for Walthamstow (Stella Creasy) is shaking her head, but the report’s conclusion says:

“We recommend that sex or gender should not be added as a protected characteristic for the purposes of aggravated offences and enhanced sentencing.”

That is the specific recommendation in the report. The Law Commission has much greater and more skilled legal minds than mine, and other groups do not support the amendment.

I realise that the issue is of great importance to hon. Members, and we must all reflect on the feelings of insecurity that women and girls feel in the public realm, but we are being told by the experts—by the Law Commission—that the measure is likely to do more damage than good. That is not necessarily a substitute for us not doing anything and I have outlined what more we may do, but the point is that we have to listen to the experts. To be honest, I am quite surprised that a party led by a former Director of Public Prosecutions would seek to ignore the Law Commission.

[Stella Creasy]

I would like to correct the record, because the Minister seemed to suggest that I was against what the Law Commission has said. He is asking all hon. Members whether they have read it so it is worth checking whether he has, because it says that there is a case for there being offences motivated by misogyny—for example, stirring up incitement or public sexual harassment. Those of us who have constituents such as Muslim women who get attacked in the street for being both Muslim and a woman recognise that misogyny is about not just sex but power, so we need offences to tackle that.

Does the Minister recognise that if the Law Commission is saying that there are offences motivated by misogyny, the risk of not including it as an aggravating factor is that we could end up in a whack-a-mole situation? For example, we could end up saying, “In these cases of incitement, what is incitement? In these cases, what might be sexual harassment?” It would be simpler to include it and it would recognise what the police are telling us. I stress that the police are telling us that they want this data and they want the courts to back them. They want misogyny to be treated in the same way as racial or religious hatred, because they see it driving crimes on our streets. I am pleased to hear that he is concerned for women, but women have had concern for donkey’s years. What we now want is action.

[Kit Malthouse]

I can appreciate the hon. Lady’s requirement for action. As I say, action is what we are trying to put in place. To be clear, again, we are not saying that the fact that we are declining to make this Lords amendment means that we should not do anything. As I said to my right hon. and learned Friend the Member for South Swindon, there are further offences that we need to consider.

In fact, the Law Commission’s report went further and said that if we were to introduce that offence, it would complement other work on offences that may be coming forward, such as cyber-flashing, which my right hon. Friend the Member for Basingstoke (Mrs Miller) has raised several times in the House; rape threats; and intimate image abuse. There are several areas where we need to consider interlocking offences, and that work will take time beyond this Bill to get right. As my right hon. Friend the Member for Romsey and Southampton North urged us, we are committed to adopting both recommendations of the Law Commission, and that is exactly the work that we intend to do in the months to come.

[Sara Britcliffe (Hyndburn) (Con)]

Does the Minister agree that it is important for Opposition Members to understand what Rape Crisis England & Wales has said, which is that:

“Rape prosecutions are already at an all-time low, and we believe adding sex/gender as a protected characteristic would further complicate the judicial process and make it even harder to secure convictions.”?

[Kit Malthouse]

My hon. Friend has put her finger on the button of the problem. It is not that we are unsympathetic to the issue—of course we are not. I just do not see how, given the views of large organisations and of the Law Commission, somebody could, with any conscience, vote for something that they are being told might be damaging. I understand that the hon. Member for Walthamstow is exercised by the issue—as are all hon. Members present—but we hope to address it in other ways and to look seriously at the further offence that my right hon. and learned Friend the Member for South Swindon has urged us to look at and bring it forward in future.

[Joanna Cherry]

In support of the English Law Commission—hon. Members should be aware that the legislation applies only in England and Wales—in Scotland, when the Scottish Government were looking at introducing hate crime legislation, they rejected misogyny as an aggravating factor after submissions from Rape Crisis, Women’s Aid and Engender in Scotland. Baroness Helena Kennedy is now chairing a panel to look at that with a view to reporting. There are arguments on either side.

I am most concerned that if we are to have an aggravation based on sex or gender, gender must be defined. We already have a protected characteristic of transgender identity, which is very important, but in this Lords amendment, sex is defined but not gender. Does the Minister agree that, in future, we should define what we mean by gender so that people know what it means?

[Kit Malthouse]

There are a number of definitional issues within the Lords amendment that produce fatal flaws, but I absolutely commend the spirit behind it. It comes from a good place and from a concern that we share. Given that legal expertise advises us against it and advises us to pursue another course, that is our intention and that is what we will do.

I turn now to Lords amendments 114 to 116, which relate to the piloting and national roll-out of serious violence reduction orders. I assure the House that we want to pilot them robustly, which is why the assessment of the pilot will be conducted by an independent evaluator and the Government will thoroughly consider the report’s findings before any decision is made to roll them out across the whole of England and Wales.

The report of the pilot will be laid before Parliament, but commencement regulations are not generally subject to any parliamentary procedure and the Government do not agree that that approach should be changed for SVROs. To assuage the concerns that have been raised in relation to the pilot, amendments (a) and (b) in lieu of Lords amendments 114 to 116 will set out in the Bill a non-exhaustive list of matters that must be addressed in the report of the pilot.

Lords amendments 141 and 142 seek to create two new offences to tackle so-called sex for rent. We are clear that exploitation through sex for rent has no place in our society and is a revolting phenomenon. We therefore fully understand the motivation behind these amendments. There are existing offences in the Sexual Offences Act 2003 that can and have been used to prosecute this practice successfully, but we do recognise the need to do more to stamp out this abhorrent practice and to support those at risk of exploitation.

--- Later in debate ---

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

On the consultation that the Minister will undertake, is it a very targeted consultation on the specific offence of sex for rent, or does it recognise the sexual exploitation of women in other areas and broaden it out to prostitution more generally?

[Kit Malthouse]

I am grateful to the Chair of the Home Affairs Committee. I cannot give her a definition as it stands, but I am happy to write to her about the scope of the consultation. If she wishes to make representations about the scope, I am sure we will take them into account. However, we are very focused on the notion of a specific offence, so my assumption is that the consultation will be relatively specific.

[Gavin Robinson (Belfast East) (DUP)]

It does sound, from what the Minister has shared, that this is seen solely through the prism of advertisements online—where there is a suggestion of sex for rent, but through an online medium—but is that right? Will any suggested proposal brought forward in this consultation cover media outside the online sphere?

[Kit Malthouse]

We do believe that the online harms Bill will cover the vast majority of the offending where this is advertised, and I have to say that the vast majority of that these days does seem to be online. However, the hon. Member raises a very good point, and I will make sure that the team putting the consultation together consider whether we should include that in the scope of the consultation and if a further offence is needed.

[Janet Daby (Lewisham East) (Lab)]

Will the Minister give way?

[Kit Malthouse]

And finally!

[Janet Daby]

I thank the Minister for giving way on that point. Shelter states that over 30,000 women since the beginning of the pandemic have been pestered by landlords to exchange sex for a roof over their heads. Does the Minister not think that there is more the Government should be doing to move this forward? How long is the consultation period, and what will happen in the meantime?

[Kit Malthouse]

As I say, there are already offences being committed in those circumstances, and we have had successful prosecutions in exactly the circumstances the hon. Member outlines. Anybody who has been subjected to that kind of criminality should, I hope, feel in a position to report it. However, we need to look at whether there is scope for a more specific offence in this area, because at the moment some of the offending is dealt with through the prostitution legislation, which may not be entirely appropriate. The consultation that we will undertake before the summer recess will run for the normal period, and I hope we will then bring forward expedited legislation, possibly in the same vehicle in which we bring forward the further offences on street harassment. Let us see how we get on.

The other place has proposed some welcome improvements to the Bill, but it has also put forward some amendments that, while often well meaning and extremely well motivated, I am afraid we cannot commend to the House for the various reasons I have set out. I hope that the House will join me, as we support these various amendments, in sorting out what works and what does not, so that we can all move forward in this important area of policy.

[Several hon. Members rose—]

--- Later in debate ---

[Stella Creasy]

I hope the right hon. Member will understand what I am saying. The Law Commission did not look at this amendment, which has learned from the Bertin amendment. [Interruption.] She shakes her head, but the Bertin amendment, which sets out explicitly the offences we would carve out, did not exist during the time of its work. One argument the Law Commission made was with regard to the difficulty of carving those offences out. The amendment builds on where a carve-out can be made.

[Kit Malthouse]

rose—

[Stella Creasy]

I will happily give way to the Minister. I hope he is not going to tell me again to read the Law Commission review.

[Kit Malthouse]

This is an important issue and I am grateful to the hon. Lady, but I just wanted to point out to her that the Law Commission said in its consultation paper that it thought it might be possible to overcome the challenges involved in excluding certain violence against women and girls contexts and there would still be value in including sex or gender within hate crime laws for the remaining criminal contexts. It specifically considered the notion of carve-outs. However, following further reflection and analysis, and with the benefit of detailed and thoughtful consultation responses, it now believes that all the possible models to do so create more problems than they solve. So the Law Commission did look specifically at this model of carve-outs, and indeed it specifically considered the option of the full recognition of sex or gender in aggravated offences, with enhanced sentences on the same basis as for other recognised characteristics.

[Stella Creasy]

I am sorry, but the Minister is conflating two different things here. The Law Commission did not look at the Bertin amendment. What it looked at was whether one might inadvertently downgrade sentencing for rape or domestic abuse by including it within this hierarchy. That is why, for example, Rape Crisis was concerned about a generalist clause. I am sure the Minister has spoken to Rape Crisis since the Law Commission’s report was made. I certainly have. I talked to it about this amendment, and it has been much more positive about it. I hope, if the Minister is quoting Rape Crisis, that he will listen to it when it says that it recognises what is being tried here.

I am not here to say that the Lords amendment is perfect, but I am here to say the because there are other crimes that could be motivated by misogyny, which it is right to recognise within sentencing and to treat as serious—for example, exposure, cyber-flashing, assault or blackmail targeted at disabled women; we see a lot of that in the evidence base—that means that we should dismiss this entirely and say, “Well, we won’t do this at all,” is yet again to ask women to wait for something that will never come. That is the challenge we have here.

The Minister wants to say, “Let’s not politicise it.” I agree. I extend my hand to him to say let us work together to get this right, but let us recognise that misogyny is driving crimes and that the Law Commission has said that. Its arguments were technical ones about how to do the drafting, not about the principle. I hope that the Minister would acknowledge that, because he cannot both argue—

[Kit Malthouse]

I have said that specifically.

[Stella Creasy]

That is not what the Minister has said, but I am pleased to hear him say that—[Interruption.] Great. Wonderful—consensus is breaking out, but consensus will not deal with the fact that women right now are at risk and are being harmed. This proposal is helping to improve conviction rates and to track perpetrators in the areas where it is operating.

The Minister will be aware that an amendment to the Bill that became the Domestic Abuse Act 2021 was withdrawn in the other place because Ministers committed to making sure that all police forces would do the reporting, but they have not. We can agree that the reporting is necessary, but it is not sufficient to give the police the backing that they need or to say, “This is about street lighting”. We have to look at how we tackle violence against women and at why and how we could have a carve-out to make this work. That is essentially what an incitement offence would do—

[Kit Malthouse]

rose—

[Stella Creasy]

I will happily give way to the Minister; I can see him shaking his head and I am keen to hear his male voice about my experience of violence.

[Kit Malthouse]

I am sorry, but the hon. Lady seems determined to have a fight about this and I really do not want one. She keeps referring to street lighting, but that is one of a suite of things that we need to do generally in the public realm regarding safety. For clarity, I of course acknowledge that there are offences that are motivated by misogyny—I say that clearly, as I did in my opening speech—but this requires a number of approaches and solutions. We are merely saying that the evidence that the Law Commission and other groups put before us is that this particular approach is likely to cause more harm than good. We have committed to look at the other areas that it has highlighted, particularly the crimes that are motivated by misogyny, which I read out from its report. I reassure hon. Members that we are duty-bound to respond to the Law Commission’s report in six months, and we will do so.

[Stella Creasy]

I hope that the Minister will forgive me if I mention that there are, I think, more than 17 Law Commission reports that have been published since 2010 that the Government have not responded to and acted on—and that is just to look at the Law Commission. He also keeps saying that the Law Commission has looked at this proposal. No—the Law Commission looked at including sex or gender in all instances. It then looked at whether it was possible to have a carve-out, but we did not have the Bertin amendment, which specifically identified the offences in question and helped to shape this Lords amendment.

The Minister has said that he does not want to have a fight about this. Well, he is going to have one, because he is opposing the proposal and not coming up with any alternatives. He is not saying, for example, “We will introduce a proposal in the other place that addresses these issues” or that he will listen not just to all the chief constables across the country who have said that they want to see this happen, but to the organisations that have. Seeing as he is obsessed with major organisations, let us run through them: the Fawcett Society; Citizens UK; Refuge; Stonewall; HOPE not hate; Dimensions; Tell MAMA; the Jo Cox Foundation; and Safe & the City. Many of us have been talking to people who have expressed concerns to identify what those are and learn from them; that is where this amendment has come from.

The Minister will use the Government majority to vote this Lords amendment down, to say that violence against women is a complicated issue and that there are other approaches, and he will wait patiently and in fear that, yet again, there will be another moment as there was a year ago. The trouble is that, for us as women, waiting in fear is our daily experience, because we do not see things changing any time soon. We see the evidence base from Nottinghamshire and from the Met police. We want to know why there is a postcode lottery when it comes to the police taking violence against women seriously. We want to know why our courts want to exclude sex or gender from the protected characteristics that we rightly recognise when crimes are motivated by a hatred of somebody just for who they are, and we will tackle that.

People made many of these arguments 20 years ago on recognising racially and religiously motivated abuse. We now, rightly, all benefit from the protection and the freedom that has been given to people, so that they do not have to live in fear that they will be attacked just because of the colour of their skin or their religious identity. The Minister’s problem is that he says that he listens to and knows women and that he understands this area, but if he understands it at all, he should listen to the suffragettes, who told us that it was “deeds not words” that matter. All we have heard tonight is words.

This proposal is backed by the police. Opposition Members and many Government Members want to back the police and want to see the courts back up the police. If he does not accept this amendment, the Minister has the time and the opportunity in the Lords to come up with an alternative. He will have my support and that of the Cross Benchers to make that happen. However, if he continues to ignore women, to say that he understands the challenge and to blame them for not coming forward and reporting things—[Interruption.] He is right to shake his head, but he can probably go home without looking over his shoulder. Many of us cannot.

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[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I call the Minister.

[Kit Malthouse]

With the leave of the House, I shall respond to the debate. I am grateful to all the Members who have spoken, and I hope that what has been exhibited is our shared concern for many of the issues we have talked about today, not least the safety of women and girls, which has naturally and rightly dominated the debate. A number of undertakings were sought from me, latterly by my hon. Friend the Member for Gloucester (Richard Graham), who has done so much work on the offence of spiking. I am happy to give him a commitment that we will come back within a six-month period, as he requested. Obviously we will be producing a wider report within 12 months, but we should be able to give him an indication at the time.

My right hon. Friend and neighbour, the Member for Romsey and Southampton North (Caroline Nokes), asked for a specific legislative vehicle, but I am afraid that I cannot preview the Queen’s Speech, much as I would love to. I cannot give her a specific vehicle, but I can tell her that we will be responding to the Law Commission’s report within six months. We are giving serious consideration to the work streams that I have talked about. As I have said to her, it is my personal view that we have an issue that needs to be addressed, either through public order offending, through recording or through a specific offence. I hope that on that basis she will feel able to support us this evening.

The work that we will be doing in this area sits alongside an awful lot of other work looking at the issue of street harassment, including our safety of women at night fund and the safer streets fund. In September we launched the new StreetSafe tool, allowing the police to access greater information and data about where people feel, or indeed are, unsafe. I am told that more than 12,000 reports have already been submitted through that line. In December, the College of Policing published new guidance showing what the police can and should do when they receive a report of public sexual harassment. The criminal offence is already available and other protective tools can be used. As I hope my right hon. Friend the Member for Romsey and Southampton North has just been to see, we have also launched a new communications campaign this evening. There is an awful lot to cover in this first group of amendments, but I hope that we have looked at a wide range of offences and I am grateful to my hon. Friend the Member for Gloucester for pointing out that we have been listening. The number of amendments we have accepted weigh in the balance of support for the votes that we are about to undertake.

On the misogyny issue, I commend the motivation behind the set of amendments that we are sadly declining. We understand people’s genuine concern about the safety of women and girls in the public sector, and indeed we share it. We are determined to make significant inroads in this area. As my right hon. Friend the Member for Basingstoke (Mrs Miller), my hon. Friend the Member for Calder Valley (Craig Whittaker) and my hon. Friend and neighbour the Member for Newbury have pointed out so effectively, we cannot in all conscience support an amendment that the Law Commission and other large groups interested in this area believe runs the risk of damaging the cause of women’s safety. That puts an obligation on us to bring forward alternatives that will do something positive for women’s safety. That battle is under way, and we commit to doing exactly that.

Lords amendment 2 agreed to.

Lords amendment 70 disagreed to.

Government amendments (a) and (b) made in lieu of Lords amendment 70.

Motion made, and Question put, That this House disagrees with Lords amendment 72.—(Kit Malthouse.)

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[Madam Deputy Speaker (Dame Rosie Winterton)]

We now move to the third set of amendments. When I call the Minister to move the motion, it would be useful if those who are trying to catch my eye indicate they wish to speak.

After Clause 54

Accountability of public authorities: duties on police workforce

[Kit Malthouse]

I beg to move that this House disagrees with Lords amendment 71.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Lords amendment 74, and Government amendment (a) thereto.

Lords amendment 88, and Government amendment (a) thereto.

Lords amendment 73, and Government motion to disagree.

Lords amendment 80, Government motion to disagree, and Government amendments (a) to (f) to the words so restored to the Bill.

Lords amendment 81, and Government motion to disagree.

Lords amendment 82, and Government motion to disagree.

Lords amendment 87, Government motion to disagree, and Government amendments (a) to (f) to the words so restored to the Bill.

Lords amendments 89 and 146, Government motions to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 143, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendments 75 to 79, 83 to 86, 90 to 93, 118 to 120 and 148.

[Kit Malthouse]

Lords amendment 71 would introduce a duty of candour for the police workforce. I am sure that hon. Members know that the Government take police integrity and accountability extremely seriously. So much so that, in February 2020, we introduced a statutory duty of co-operation for serving police officers as part of wider integrity reforms.

A failure to co-operate in that way constitutes a breach of the statutory standards of professional behaviour by which all officers must abide and could therefore result in a formal disciplinary sanction. It is our view that the duty to co-operate puts a greater onus on officers than the duty of candour provided for in the Lords amendment, as they could ultimately be dismissed for a breach. In essence, the Lords is proposing a dilution.

Hon. Members will also be aware of the Government’s forthcoming response to the Daniel Morgan independent panel and to Bishop James Jones’ report concerning the bereaved Hillsborough families’ experiences, and we will set out our view on a wider duty of candour for all public authorities. Before the Government respond to those reports, however, it is clearly imperative that the Hillsborough families are given the opportunity to share their views.

None the less, we are closely monitoring the impact of the new legislation on police co-operation with inquiries and investigations. As we consider the case for a wider duty of candour for other public servants and bodies, we will determine whether there are gaps in the existing framework that need to be filled to ensure public confidence. I assure the House that we will set out our conclusions later this year.

Before I turn to the Lords amendments to part 3 of the Bill, I point out to hon. Members that over the last couple of years, with regard to public order, we have all seen that the police have struggled with some of the demonstrations that we have seen on our streets. Last autumn, Insulate Britain’s new tactics put a lot of police officers in danger, caused a significant amount of misery to many thousands of people who simply wanted to get to work or to otherwise go about their daily lives, and were difficult to address. Since, we have seen further examples of wholly unacceptable forms of protest. I am afraid that their lordships may regret the day that they voted down the significant number of measures that we had inserted in the Bill.

The House of Lords did, however, recognise that freedom of speech and assembly are qualified rights under the European convention on human rights, and there are times when it is appropriate to restrict those rights to protect the rights of non-protesters. For that reason, we are sympathetic to Lords amendment 143, which would introduce fast-track public space protection orders. The Government have listened to the concerns raised in the other place about the harm caused by disruptive protests outside schools and vaccination centres. We agree in principle with the amendment, and our amendments (a) to (c) in lieu of Lords amendment 143 will have a similar effect but will ensure that provision for expedited PSPOs works with the grain of the existing legislative framework.

[Jim Shannon]

I very much look forward to the tightening of the laws, but I am also conscious that I look for balance. As one who has protested on the streets of Northern Ireland on many occasions—legally—with an important desire to do so, I ask whether the Minister feels that the balance is right in this legislation. In our words, the right to protest should be done in a peaceful manner, not to obstruct anybody.

[Kit Malthouse]

I do indeed believe that the balance is right, but the hon. Gentleman does not have to take my word for it. Her Majesty’s inspectorate of constabulary and fire & rescue services was specifically tasked with looking at the balance of legislation and protest. After some examination, it decided that the balance had swung too far in favour of protest and too much away from the rights of others to go about their daily lives.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

My right hon. Friend knows that I have real concerns about the noisy protest legislation. How often does he expect it to be applied and how many past protests have been subject to something like that kind of police discretion?

[Kit Malthouse]

Obviously, it is hard for me to predict how often these things will be used. I will come on to talk about the noise provision more specifically, but it is worth pointing out that it is not common for conditions to be placed on protest generally. The National Police Chiefs’ Council tells us that in the three months to April ’21, there were 2,500 protests, and conditions were put on them no more than a dozen times. The Metropolitan police has confirmed that in 2019—hon. Members have to remember that in London, a protest takes place pretty much every day, and sometimes several in one day—it put conditions on only 15 times and, in 2020, only six times. Admittedly, 2020 saw a suppressed number of protests because of the pandemic, but this is nevertheless rare, and the police take care in placing such conditions.

[Lloyd Russell-Moyle]

Will the Minister give way?

[Kit Malthouse]

I will make a little bit of progress.

On my previous point about the Lords accepting the need for protection outside schools and vaccination centres, we believe it should not just be people working in those two types of facility who are protected from highly disruptive protests. The Government continue to believe it is essential that the police are able in some circumstances to place conditions on protests to prevent noise causing serious harm or impinging on the rights of others. The vast majority of protests in England and Wales will be unaffected by this legislation. The power may be used only in the most exceptional circumstances where police assess the noise from protests to be unjustifiable and damaging to others. I can assure the House that conditions will, by law, be imposed only where necessary and proportionate, with due consideration to all our freedoms of expression and assembly. The police are already legally bound to assess this balance with the powers they currently have.

[Several hon. Members rose—]

[Kit Malthouse]

I will come to the hon. Members in a moment.

I am sure that all hon. Members will recall vividly how proceedings in St Margaret’s church were intruded on by protesters’ noise when we were paying our respects to our colleague Sir David Amess. I am not sure we could call that intrusion damaging; if anything, it made us sing all the loudly and filled the church with an air of defiance as we mourned. However, we have to reflect on the fact that developments in amplification mean that noise can be used as a weapon and can cause significant psychological damage. This is why most local authorities have a noise enforcement team with powers to act. We need to recognise that, in a protest situation, noise could be used to make worship, business or residence impossible in particular premises, and our fellow citizens would expect protection from the police in those circumstances.

[Barry Gardiner]

To assure the House that there will be an objective standard rather than a subjective one, can the Minister explain either what decibel level there would have to be or for how long such a noise nuisance would have to continue for enforcing the powers to be reasonable and objective?

[Kit Malthouse]

As the House would expect, we are not prescribing limits in the way the hon. Gentleman is asking for, not least because the varying circumstances with which the police are presented mean that hard and fast rules do not necessary obtain. For example, it could be that one person with an amplifier attempting to drown out—I do not know—pursuit of worship in a particular church, temple or synagogue could be deemed over time to be a nuisance, and therefore be damaging and impinging on the rights of worship of others, whereas a crowd of individuals outside making a similar noise for a shorter time may not. As I have just laid out, I did not regard the noise that intruded on our grief in St Margaret’s as damaging—I would not have thought that that hit the bar—but if someone was outside the hon. Gentleman’s constituency office protesting day in, day out with a large and powerful amplifier, he might quite rightly in those circumstances seek protection from the police or indeed from the local authority. There is a series of these situations that the police are now presented with because of developments in amplification.

[Caroline Lucas]

Would the Minister acknowledge that our public order laws already make it harder to protest than in practically any other democracy, and that the kind of legislation he is bringing in now, as we have just seen, is completely subjective and puts the police in an impossible position? Laws already exist to deal with the so-called problems that he is raising. This is about throwing red meat to his Back Benchers so that he can try to get a bit more popularity, and it stinks.

[Kit Malthouse]

I do not know who is throwing the red meat here, but it is certainly not me. Obviously the hon. Lady has a constituency that will lap up her remarks, no doubt released on social media. In truth, the police have been asking for some time for improvements to the elderly public order legislation. We put the measures through consideration by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services, which felt they were proportionate and sensible for us to pursue.

[Joanna Cherry]

The Minister is implying that the police and Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services in some way wanted this new noise trigger. Will he accept that I am correct when I say that neither the police, nor Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services, requested the noise trigger at all?

[Kit Malthouse]

The inspectorate obviously would not request that because that is not its job, but we certainly asked it to look at the balance that we are trying to present with what I think are relatively modest improvements to public order legislation. Indeed, from memory of the report, it felt we should go further, which we are unable to do because of the structure of the Bill. That means that on the rare occasion where noise is causing other people’s rights to be impinged on, and where worship or business or residence is impossible, we would seek protection.

--- Later in debate ---

[Jesse Norman]

I think it would help me, and it might help others in the Chamber, if the Minister would consider putting in place a review, perhaps a year or two years into the use of this power, if the House chooses to grant it.

[Kit Malthouse]

I am happy to commit to reviewing the offence. I would love to put a time limit on it but, as I said when I outlined the number of times conditions would be met, this measure may be used on only a very small number of occasions. We will have to consider the range of situations in which it is used, and obviously review it as we do with all public order legislation. We take very seriously the fact that protest is a fundamental building block of any liberal democracy, and now more than ever that is writ large. This is an important freedom for us in this country, and I am sure that lots of Members from all side of the House have been on protests of all kinds over the years. We must ensure that legislation moves with the times and reflects changes in technology, and that we give the police the powers they need, albeit in rare and often exceptional circumstances.

[Anne Marie Morris (Newton Abbot) (Ind)]

The Minister is being generous in accepting interventions. Does he think that, while well intended, the Bill may have the unintended consequence that individuals who think they are within the law in the way they demonstrate, because of the Bill’s subjectivity find themselves unexpectedly criminalised? That for them would be devastating.

[Kit Malthouse]

No, not necessarily—[Laughter.] No, no. As a former Westminster councillor and London Assembly member for central London, who was subjected to dozens of protests of all sizes, shapes and forms, I would encourage all people who are protesting, wherever they are, to engage with the police first and discuss their own safety and the safety of others. In any democracy it is responsible to ensure that people give forewarning of what they are about to do.

[Jeremy Corbyn (Islington North) (Ind)]

Does the Minister appreciate that many people listening to this debate will be very suspicious of his words? They will see in the proposed regulations and discussions with the police a fundamental desire by him and his Government to shut down, control, and eliminate protest within our society. People have a right to protest, a right to make their voices heard, and a right to dissent. Surely that is fundamental to a democratic society. It is no good praising people in Russia if we close down protest here.

[Kit Malthouse]

Of course we are not closing down protest. The right hon. Gentleman is right that people have a fundamental right to dissent, to protest and to make their views known in the public sphere as they do in the private sphere, but, as the House of Lords and the European Court of Human Rights have said, the right to protest is not unqualified, and I am afraid that, in the last couple of years, we have seen protestors using tactics that are massively disruptive to other people’s lives. People just wanting to go about their business have been so frustrated that they have been leaping out of their cars and taking things into their own hands. We have seen protestors running on to the fast lane of motorways, causing danger to themselves and motorists, and distracting police officers from stopping people from being stabbed or burgled in all our neighbourhoods. We have a duty to address that, and the role of the House and that of the police is to strike a balance between competing rights. That is what we do, and that is what we are trying to do with these modest measures.

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

Will the Minister give way?

[Kit Malthouse]

No. I have given way lots of times. There will be many speakers, and I do not want to use up all the time. We have only got until midnight to get through all of this stuff. I will move on from the noise powers, which, as I say, we think will be used only in exceptional circumstances but must be available given changes in amplification.

Lords amendment 80 would prevent the alignment of the police’s ability to place conditions on public assembly with their existing powers to place conditions on public processions. HMICFRS found that a distinction between processions and assemblies was no longer appropriate. In the light of the practical challenges of safely policing protests, there is an unjustifiable inconsistency in the current law. When does a procession become an assembly and vice versa?

Lords amendments 74 to 79 implement a recommendation to the Delegated Powers and Regulatory Reform Committee to the effect that the term “serious disruption” should be defined in the Bill rather than in regulations. I trust that the amendments have allayed the concerns raised by my right hon. Friend the Member for Maidenhead (Mrs May), who is not in her place, in our previous debates on the matter.

I am afraid that Lords amendments 81 and 82 arise from a misunderstanding of the effect of the provisions in clause 58, which are designed, in the words of the Joint Committee on Human Rights, to protect the rights of access to the parliamentary estate for those with business there. The changes to the Police Reform and Social Responsibility Act 2011, which governs prohibited activities in the vicinity of Parliament, will not prevent protests outside Parliament, nor will they prevent the Greater London Authority from authorising assemblies outside Parliament. Clause 58 will simply enable a police officer to direct an individual to cease or not to begin obstructing the passage of a vehicle into or out of the parliamentary estate. That is extremely important for those who are disabled or otherwise need a vehicle to access the estate, either to work here or to exercise their democratic rights. We expect police officers to use their sound judgements to determine when it is appropriate to make use of the power, and I do not see how it can lead to a prohibition of any kind on protests outside Parliament. Lords amendments 81 and 82 are therefore unnecessary.

Lords amendment 88 is a stripped-out version of the Government’s proposal to increase the maximum penalty for those who obstruct the highway. It would limit the increase in the maximum penalties to the obstruction of the strategic road network. Many major roads lie outside the SRN; indeed, some 98% of all roads in England do not form part of it. Were we to limit the increase in the maximum penalty in that way, protestors could continue to cause extensive and wholly disproportionate disruption to commuters and parents dropping their children off at school without facing sentences proportionate to the harm they have caused. Amendment (a) to Lords amendment 88 will ensure that the full extent of our road network is protected with the increase in maximum penalties.

[Tonia Antoniazzi (Gower) (Lab)]

Will the Minister give way?

[Kit Malthouse]

I thought I was going to get away with it. Yes, go on.

[Tonia Antoniazzi]

The Minister talks about the cost of demonstrations—those on the road networks in particular—to people’s lives, and he has made statements about the costs of those protests. I tabled a written question asking him what assessment has been made of the cost to the public purse of the prison sentences being given out to Insulate Britain activists. That is a problem, because those sentences are not proportionate to what is happening. Surely there are better ways that are more cost-effective.

[Kit Malthouse]

At the moment, those incarcerations are at the behest of a judge in a civil matter relating to the injunctions, and there is nothing that the Government can necessarily do about that. However, I point out that deterring people from such action may result in cost savings further down the line for the wider population. I urge Opposition Members, and anybody looking at this issue, to ask themselves whether they believe that protests should not be restrained in any way, shape or form, or that there is a balance to be struck. If they believe, as the ECHR does, and as the House of Lords has accepted in some of its amendments to the Bill, that a balance should be struck, the only question is where.

Our view, which is backed up by evidence from HMI and elsewhere, is that the balance has swung too far away from the general public, who want to go about their lives, recognising the very many important issues that are raised by protest. While they acknowledge those problems, they want to get on with their lives, and they want protection from the state of their right to get to school, to hospital and to work. That is not a right to be taken lightly. One of the most frustrating things about some of these protests has been their self-defeating result. Notwithstanding the cause, important or otherwise, the protestors have turned off millions of their fellow citizens and caused a level of intolerance towards issues such as climate change, which is regrettable. We have a job to balance those rights, and that is what we are attempting to do.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

The Minister seeks to take public opinion as a whole, but people have had to take these matters into their own hands because air quality is killing their children, and because of the Government’s inaction on the very simple act of insulating housing. The proportionality is in the wrong place, and he is seeking to take on public opinion where it does not exist. If the Government took the right actions, surely there would be no need for the protests in the first place. People should be allowed to protest proportionately.

[Kit Malthouse]

We cannot operate a democracy on the basis that, unless the Government agree with everything that someone wants, they will protest. It is a crazy thing to say, I am afraid. Much progress in this country has been brought about by protest, but much more has been brought about by political campaigning and winning elections. Frankly, if someone wants to make a change in the country, as all Opposition Members are proving, that is the way to go about it. I hope that the House will appreciate that we are trying hard to strike a balance between competing rights.

[Tonia Antoniazzi]

Will the Minister give way?

[Kit Malthouse]

No, I have given away enough; I have to move on. We acknowledge the fundamental importance of the right to protest in this country. We live in a liberal democracy. The right of someone to dissent and to go out on the street and make their views known is critical, but so is my right to get to hospital, to work or to church, and to do so without somebody blasting me out with noise. We have been balancing competing rights for decades, if not centuries, in this country. We are a mature democracy that can cope with that kind of responsibility—have no fear. We are ringed around by independent courts, a bicameral Parliament, all sorts of checks and balances on the power of Government to strike this balance, legislation, and our participation in supranational treaties. There are lots of ways that we protect ourselves and our human rights, but in the end, fundamentally, all democratic Governments have to strike that balance, and that is what we are attempting to do.

Lords amendments 118 to 120 give effect to a commitment made by the Prime Minister following the final of Euro 2020, in response to disgraceful online racist abuse directed at certain England players. The amendments would enable a court to impose a football banning order against persons convicted of online hate offences connected to football. That will prevent such offenders from spreading their criminal, hateful views at football matches, and I very much hope that the measure will also deter others from engaging in similar behaviours that are so harmful to victims and to our national game.

Lords amendments 89 and 146 would repeal the Vagrancy Act 1824. The Government are committed to ending rough sleeping, and as a result of our actions we have seen an historic reduction in rough sleeping in recent years. We agree that no one should be criminalised simply for sleeping rough, and that the time has indeed come to repeal the antiquated Vagrancy Act 1824. I know that that sentiment is keenly shared by a number of hon. Members. I pay tribute to the campaign that has been run by my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), my right hon. Friend the Member for Newark (Robert Jenrick), my hon. Friend the Member for Harrow East (Bob Blackman) and my predecessor in my constituency of North West Hampshire, Lord Young, in the other place.

However, we must balance our role in providing essential support for the vulnerable with ensuring that we do not weaken the ability of the police to intervene where needed. Therefore, while our amendments in lieu will provide for the Vagrancy Act to be repealed in full in England and Wales, we intend to enact replacement legislation in the coming Session before bringing the repeal of the 1824 Act into force. To allow for that, and ultimately to ensure that the police have the tools they need, we will delay commencement of the repeal for up to 18 months. In the meantime, we will publish a bold new strategy to end rough sleeping. The strategy will set up how we will ensure that rough sleeping is prevented in the first instance and is effectively responded to in the rare cases where it does occur, and that our police have the ability to intervene where needed and keep everybody safe, including the person at issue.

--- Later in debate ---

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

I wish to speak in support of Lords amendments 73 and 80, which would remove the ability of the police to impose noise-based restrictions on processions and greater conditions on static demonstrations. Peaceful protest is a legitimate and integral part of our unwritten constitution and for the Government to interfere with those rights and to try to impose restrictions and unnecessary conditions that affect and violate basic human rights is nothing less than appalling.

If Lords amendments 73 and 80 are not accepted, there are great concerns that police officers will be placed in the unenviable position of having to adjudicate between different stakeholders on the basis of broad and ambiguous criteria about whether to allow a “noisy” or “disruptive” protest to take place or continue. Far from enabling the police to maintain public order, these provisions will place an onerous burden on police officers in the exercise of their professional discretion, subjecting the police to even greater political pressure.

The police already have sufficient powers under the Public Order Act 1986. The additional powers in clauses 55 and 56 of the Bill are neither necessary nor welcomed by many senior police officers. As a uniformed police inspector in the Metropolitan police, I had extensive experience of dealing with public order and with processions and demonstrations of all sizes, and I can say honestly that none of them needed any further legislation; they could all be effectively dealt with by the current legislation.

There are serious concerns that the police, who serve a vital function in enforcing the law, are being instrumentalised for political purposes. That will erode the trust of the public, seriously damage the relationship between the police and the public, and adversely affect the cherished tradition of policing by consent that is at the heart of policing and our society.

Despite the disparaging remarks made by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle), I pay tribute to the police officers out there policing our streets, who are overwhelmingly honest, trustworthy and hardworking. I commend them for putting themselves at risk and in danger to keep us all safe.

[Kit Malthouse]

I am grateful to all hon. Members who have spoken in what at times has been an impassioned debate. I have to say that it has been quite a rich experience to hear a defence of democracy from an Opposition whom I watched for month after month using every technical device at their disposal to try to overturn the democratic decision that the British people took in the 2016 referendum. Those months, happily, are long behind us, and the British people gave their verdict on that attempt to circumvent democracy in the 2019 general election, from which I am happy to say we all benefited.

Much of tonight’s debate has been about the difficult job for any democratic Government of balancing the rights of competing groups: the rights of people who own land, and of those who use land; the rights of public authorities that have parks, and of the Travelling community; the rights of those who want to go about their business and access hospitals, schools or businesses, and of those who wish to protest. These are difficult balances that democratic Governments have to strike from time to time. The Labour party has had to do it in the past; I well remember it banning any protest within 1 km of Parliament. The first arrest was of a woman reading the names of the Iraq war dead at the Cenotaph, if I remember rightly. That, I will admit, was a step too far.

We believe that the package of measures that we have put forward on protest represents a modest rebalancing.

[Several hon. Members rose—]

[Kit Malthouse]

I am not giving way. It is a modest rebalancing of the rights of the majority of British people who want to go about their business and the rights of those who quite legitimately want to protest. We yield to no man or woman in our desire to protect those inalienable rights of protest and dissent in this country. Our party has been in the position of protesting and dissenting in the past, as have many parties represented in this House. We do not take it for granted; we wish to protect it, and we believe that we are doing so while striking a balance.

On the undertaking that I was asked to give about the Vagrancy Act, let me say that 18 months is a maximum. If we can act faster, we will, but intensive work will obviously be required to get us there.

I believe that the Bill in its entirety represents a solid step forward, both for the safety of the country and for the difficult job of balancing our competing rights in what is now and will always be a liberal democracy.

Lords amendment 71 disagreed to.

Government amendment (a) made to Lords amendment 74.

Lords amendment 74, as amended, agreed to.

Government amendment (a) made to Lords amendment 88.

Lords amendment 88, as amended, agreed to.

More than six hours having elapsed since the commencement of proceedings on consideration of Lords amendments, the proceedings were interrupted (Programme Order, this day).

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83F).

Motion made, and Question put, That this House disagrees with Lords amendment 73.—(Kit Malthouse.)

Lords amendment 73 disagreed to.

Murder of WPC Yvonne Fletcher

Kit Malthouse Excerpts

Tuesday 22nd February 2022 Commons Chamber

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

I congratulate the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) on securing this debate and recognise his indefatigable efforts to secure justice for PC Fletcher and her colleagues, friends and family. I thank him for the advance indication of his questions, which I will come to in a moment, and join him in celebrating the dedication and perseverance of PC Fletcher’s friend and colleague, John Murray—most recently, for bringing the case to the civil court, as well as for his continuous efforts ever since PC Fletcher’s death. They are testament to the high regard in which PC Fletcher continues to be held to this day. I also pay tribute to the hard work and commitment that the Metropolitan police has shown over a prolonged period in its efforts to bring to justice those involved in the murder of PC Fletcher. Her death was an appalling tragedy and my thoughts remain with all who loved her.

The murder of PC Fletcher was one of the most notorious crimes of the past 40 years, representing an act of state-sponsored terrorism that resulted in the fatal wounding of a serving police officer on the streets of London. The hon. Member shared in great detail the findings of the civil case of 16 November 2021, which found that Saleh Ibrahim Mabrouk was jointly liable for the killing of PC Yvonne Fletcher.

Following the conclusion of that case, many, including the hon. Member, have been lobbying for a criminal case to be brought against Mabrouk. In 2017, the Crown Prosecution Service made the decision not to pursue a prosecution in this case, and I understand that that decision was disappointing and frustrating for PC Fletcher’s family, friends and colleagues. It remains, however, an operational matter for the Metropolitan police and the Crown Prosecution Service to consider any criminal prosecution.

It is important to note the differences in making a finding on liability in a civil court as opposed to in a criminal court. A civil court is required to make its findings on the balance of probabilities. That means that a court is satisfied, on the evidence available, that the occurrence of the event was more likely than not. A higher threshold is imposed in criminal cases, which requires an allegation to be proven beyond reasonable doubt. That means that the jury must be sure that the person is guilty. It is therefore not by any means automatic that Mr Murray’s success in the High Court would or could translate into a successful criminal prosecution.

[Sir Mike Penning]

The Crown Prosecution Service and the Metropolitan police can make such a decision only if they have the evidence that the Government have, which they have not handed over to the CPS. Will the Minister answer the question about whether or not the information that the Government have will be passed over to the CPS so that it can make that decision?

[Kit Malthouse]

I will come to that point in a moment, if I may.

Following the Prime Minister’s meeting with the hon. Member for Ayr, Carrick and Cumnock in September 2020, the Home Office contacted the CPS in December of that year to ask whether it had received any more information on the case; it had not. The position remains the same as in 2017, which is that the CPS is not currently considering charges in the case. As with any case referred to the CPS by the police, a decision to prosecute is made in accordance with the code for Crown prosecutors, and a case must meet the evidential and public interest stages of the code test. In accordance with the code, the CPS will consider any new information referred to it by the police in relation to the case.

On the hon. Member’s question about evidence being withheld, it has been the long-standing policy of successive Governments not to comment on the existence or otherwise of intelligence material. I am therefore unable to confirm or deny the existence of any material that may or may not relate to the case.

The hon. Member asked for confirmation of whether the Government issued a comfort letter to Saleh Mabrouk. We are not aware of any evidence to suggest that any such letter ever existed or was ever issued.

In response to the hon. Member’s question regarding the extradition of Mr Mabrouk, the House should know that whether an extradition application is sought in any case is an operational decision for law enforcement and prosecution agencies. The UK Government, as a matter of long-standing policy and practice, will neither confirm nor deny that an extradition request has been made or received until such time as an arrest has been made in relation to the request.

On the question of a public inquiry, I am aware of the strong feeling in this case and of the early-day motion that the hon. Member tabled calling for such an inquiry. While of course we recognise the strength of feeling that the case evokes, the Government are not currently considering an inquiry into the death of PC Fletcher.

In closing, I would like to state once more that my thoughts are with PC Fletcher’s family, friends and colleagues. They continue to have my deepest sympathy. I, like many, have often stopped at the memorial stone in St James’s Square to consider a moment in our history that had a huge impact on many of us who were around at the time. I would also like to recognise and pay tribute again to the efforts of John Murray and the courage and resilience that he has shown in seeking justice for PC Fletcher. Finally, I thank the hon. Member for securing this debate. The murder of PC Fletcher was a heinous act that shocked our country to its core, and she will never be forgotten.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Indeed: she will never be forgotten.

Question put and agreed to.

Police Grant Report

Kit Malthouse Excerpts

Wednesday 9th February 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

We now come to the debate on the Police Grant Report (England and Wales). The Order Paper notes that this instrument has not yet been considered by the Select Committee on Statutory Instruments. I have now been informed that the Committee has considered the instrument, and has not drawn it to the attention of the House.

3.7 pm

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

I beg to move,

That the Police Grant Report (England and Wales) for 2022–23 (HC 1084), which was laid before this House on 2 February, be approved.

It gives me great pleasure to announce to the House the final police funding settlement for the fast-approaching new financial year.

The foremost role of Government is to keep the public safe from harm. Our effort to deliver that most critical of functions depends to a large extent on the work of our police service. As this settlement demonstrates, we remain firmly and fully committed to strengthening the resources and capabilities available to the police as they confront crime and protect our citizens.

Last year Parliament approved a funding settlement resulting in an increase of up to £636 million being made available for the policing system. This included an increase in Government grant funding of £425 million for police and crime commissioners in England and Wales to continue to strengthen police forces through our officer recruitment programme. I am delighted to say that with this funding, along with the £700 million received for year 1 of the programme, more than 11,000 additional officers have been recruited as of the end of December 2021. That means that we are more than halfway to meeting the 20,000 target, which is something to shout about. However, I assure the House that we are not resting on our laurels. We must keep up the momentum, because every new officer through the door is another courageous individual we can call upon in the fight against crime.

Beyond the recruitment drive, this year we have invested £180 million in combating serious and organised crime, £500 million in Home Office-led police technology programmes to replace outdated legacy IT systems, and £45 million in the safer streets fund to put proven prevention measures in place in areas plagued by neighbourhood crime, and to help combat violence against women and girls. The building blocks are now in place; now it is time to hit the accelerator, and next year’s settlement will enable the police to go further than before in confronting crime.

One of the most consistent asks from policing around funding is certainty, and on this we have also delivered. The spending review provides forces with a three-year settlement, ensuring that they have the necessary confidence and stability to pursue long-term strategic planning, as well as maintaining strengthened officer numbers. In 2022-23, the Government will be investing up to £16.9 billion in the policing system—an increase of up to an additional £1.1 billion when compared with last year. Of that significant investment, we have made an additional £550 million of Government grants available to police and crime commissioners in England and Wales. As well as supporting continued officer recruitment, that funding will allow forces to invest in critical capabilities, while focusing on modernising the police service to meet future demand.

[Andy Carter (Warrington South) (Con)]

I am delighted that the work of the Conservative police and crime commissioner in Cheshire is paying off, with more than 100 new officers in post already. Could the Minister tell me, though, what work is going into ensuring that we retain officers? Recruitment and retention go together, and having spoken to members of the Police Federation, I am concerned that we are witnessing some churn. Is that something that he is aware of and dealing with?

[Kit Malthouse]

I join my hon. Friend in congratulating Cheshire constabulary on their recruitment. I am told that they have recruited 149 officers to their complement, which is a fantastic achievement. They still have to get to their allocation by March, and their allocation next year will, I think, be a further 120 on top, so my hon. Friend should see plenty of uniforms across that beautiful county in the months and years to come.

My hon. Friend is quite right that recruitment is only half the battle; retention is the other half. We are monitoring the attitudes and experience of those new recruits incredibly closely. I know he will be pleased to hear that their satisfaction in the job, the fulfilment of their expectations of the job, is overwhelmingly positive, but we need to bear that in mind as we train them and instil the right values in them. As they hopefully embark on a long-term career, we will be staying in touch with their sentiments very closely.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

Will the Minister comment on capital investment support for police forces? My understanding is that the new joint firearms unit between Dyfed-Powys, Gwent and South Wales police will cost around £40 million, and that has largely been funded out of reserves. Clearly, that is not sustainable.

[Kit Malthouse]

Having been, effectively, a police and crime commissioner in the past, I must tell the hon. Gentleman that the removal of the distinction between capital and revenue receipts and spending would have been a blessed relief. In the old days of local government restrictions in that regard, in the police and in local authorities, there was an entire science devoted to the creation of capital as revenue and the conversion of revenue into capital, to get round the Treasury rules, but we have done away with that division now. [Interruption.] Of course, as a chartered accountant, I feel slightly bereft, having been put out of business. It was quite an art form, which was very satisfying to achieve.

However, the removal of that division means that a cheque goes to the police and crime commissioner, and along with the chief constable they may then decide on the division between capital and revenue as they wish. Having handled such budgets in the past, I think that is a very welcome development. I know, for example, that in Wales that has been used to great effect. In Dyfed-Powys the police and crime commissioner, on first coming into the role, made a huge investment in CCTV across the entire force area, which is paying enormous dividends, and he is able to do that as he wishes, capital and revenue being irrelevant. That is the kind of freedom that we want to give police and crime commissioners as they pursue their mission.

This is a crucial year for policing, particularly on the recruitment programme. The settlement is designed to ensure that we hit that important mark of 20,000 new officers. Forces have made outstanding progress to date, and that is testament to the hard work of all involved in the campaign. The recent statistical release of the police uplift programme demonstrates how many forces have already met, or in some cases exceeded, their year 2 target. PCCs are grabbing this investment with both hands and already a number of forces have more police officers on their books than they ever had before.

[Mr Kevan Jones (North Durham) (Lab)]

The Minister knows that Durham constabulary is an efficient force—it has been recognised as such—but since 2010 we have lost 325 police officers. Even with this funding, we will still be 153 short on where we would have been in 2020. How does he square that?

[Kit Malthouse]

By the time we get to the end of the uplift programme, there will be a large number of forces who are above the number of police officers that they had in 2010. That will be a function of decisions that were made by police and crime commissioners in the intervening decades.

[Mr Jones]

Nonsense.

[Kit Malthouse]

It absolutely is—they had to make often difficult decisions about finances. I was one of those police and crime commissioners, so I know that prioritising police numbers within that overall formula means that some have a better baseline from which to build than others. For example, in London, for which I was responsible, we made a strong case to the then Mayor, now the Prime Minister, that it was our job to prioritise police numbers. As a result, the baseline to build off the uplift programme means that the Metropolitan police now have the highest number of police officers they have ever had in their history, with more to come.

I cannot mitigate the financial decisions made by police and crime commissioners in Durham, the West Midlands or other forces, but, having said that, Durham will receive significant extra police officers in the third year. I hope that with the freedom and flexibility on extra funding that the police and crime commissioner will get through the precept will mean that they might well add to that number as well.

[Mr Kevan Jones]

It is not me saying that Durham is an efficient force. The inspectorate said that it is an “outstanding” force in that regard. It lost 325 officers. It will still be worse off by 153 officers by the end of the uplift, and the reason for that is the low precept in the council tax base in County Durham. Unless that is sorted out, the force will never be able to afford the Minister’s ambitions, unlike the Chancellor’s constituency, which will end up with 190 more police officers than it had in 2020.

[Kit Malthouse]

I am happy to continue the argument with the right hon. Gentleman outside the Chamber rather than occupying significant amounts of time on what is—

[Mr Jones]

You are wrong.

[Kit Malthouse]

No, I am not wrong. There are forces similar to Durham that will be in a better position. It has to be the case that financial decisions made by police and crime commissioners have an impact, otherwise what is the point of having them and on what basis did they stand for election? The Mayor and I stood for election in London on the basis that we absolutely wanted to maintain police numbers, and I would suggest to the right hon. Gentleman—

[Mr Jones]

Will the Minister give way?

[Kit Malthouse]

I am not going to continue the argument. I suggest to the right hon. Gentleman that he goes back and looks at the manifestos that the police and crime commissioner in Durham produced in those elections and see whether they promised to prioritise police numbers or not, or whether all they did was whinge about Government funding. I am happy as a trade to take responsibility for the very difficult financial decisions that this Government had to take after the crash in 2007-08 and after our coming into government in 2010. I take responsibility for that—I absolutely do. Thank God we did as well, given what has happened to us subsequently. However, I will only do that if the right hon. Gentleman will take responsibility for the decisions of his police and crime commissioner in those intervening 10 years. I will move on.

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

The Minister’s debate with the right hon. Member for North Durham (Mr Jones) comes to the heart of how the Government go about this. The money that is given to the police and crime commissioners is £796 million, I think, as long as the full flexibility of the precept option is taken up. Does that not undermine the whole purpose of the accountability of police and crime commissioners?

[Kit Malthouse]

I am a bit perplexed by that. No, absolutely not. We are giving full flexibility. They can use the £10 if they want and if they do not they do not have to. All they have to do is justify that decision to the people who elect them. Happily, as far as I can see, every single one of them so far has taken the full £10, which suggests to me by the crowdfunding decision that we got the number about right. In some parts of the country, not least in Wales where they have other flexibility, they might go further. In my view we have given them lots of flexibility and they are using it. I hope that they will use it wisely to raise police officer numbers in Durham and elsewhere.

[Mr Carmichael]

Will the Minister give way?

[Kit Malthouse]

Go on, I will give the right hon. Gentleman a second go.

[Mr Carmichael]

The purpose of the precept is to give flexibility and accountability to the police and crime commissioners. Effectively, under this settlement the police and crime commissioners have to be accountable for decisions made by the Minister.

[Kit Malthouse]

I am not sure that the right hon. Gentleman’s logic is right. Absolutely not. If they want to raise the contribution by less than £10, they can. There is no problem with that and the idea of there being an upper limit and a cap is a well-accepted feature of police funding. If a police and crime commissioner wants to raise the contribution by £5, £6 or £7 they can, and in fact if they do not want to spend it on police officer numbers they do not even have to do that. The right hon. Gentleman is making a rather poor argument, and I might say that the settlement has been greeted with pretty universal pleasure and a claim by police and crime commissioners from across the political divide, so I am not quite sure where this dissatisfaction is coming from.

[Mr Kevan Jones]

Will the Minister give way?

[Kit Malthouse]

No, I have to move on.

Police officers, whether new recruits or experienced hands with decades of service, perform a unique and vital role in our society. I must put on record how grateful I am—I know that all hon. Members are—to everyone in the policing family, including civilian staff and volunteers who work tirelessly day in, day out to keep our people safe from harm.

I return to recruitment. It is only right that the Government hold forces to account to ensure that they are delivering the outcomes that the public expect from this investment. The Government will therefore once again create a ringfenced grant to ensure that the success of the police uplift programme is maintained in the coming year. Forces will be allocated a share of the £135 million grant in line with their funding formula allocation. As in previous years, forces will be able to access the funding as they deliver progress on their recruitment targets.

As announced in the 2021 spending review, police and crime commissioners in England will have access to further flexibility around levels of police precept to make additional funding available for local matters for the next three years. The settlement allows PCCs in England to raise council tax contributions for local policing by up to £10 a year for a typical Band D household. If all police and crime commissioners decide to maximise that flexibility, the outcome will be a further £246 million of funding for local policing in the coming year. I must stress that—we have discussed this—council tax levels are a local decision, and I know that police and crime commissioners weigh carefully in the balance what their local people can afford and want to see from policing before they make that decision.

We are also enabling counter-terrorism policing to confront terrorism in all its forms. That is why, for the first time, funding for counter-terrorism policing will total over £1 billion. That significant funding will allow CT policing officers to continue their critical work, support ongoing investigations, and continue investment in the operations centre and in armed policing. In addition to the increase in Government grants and additional precept flexibility, I am delighted to announce that we are investing £1.4 billion to support national policing priorities that will benefit all police forces across England and Wales. That funding will help accelerate progress on key areas of Government focus including crime reduction and improvements to the service received by the public. Of that investment, £65 million will support policing capabilities specifically, including funding to drive improvements in local police performance; measuring responsiveness to 101 and 999 calls; and funding for a national crime laboratory to push the use of innovative data science techniques to prevent and reduce crime.

The Government recognise the need to maintain focus on cutting crime to make our communities safer. That is why we are also providing additional investment in regional organised crime units so that they are equipped with the capabilities they need to tackle serious and organised crime and to protect the most vulnerable citizens from abuse. We are committed to working with PCCs and other partners to tackle crime and make our streets safer. As announced at the 2021 spending review, we will provide investment in new projects to improve crime prevention as well as maintaining and enhancing existing programmes. Funding arrangements for specific crime reduction programmes will be confirmed in due course and will follow a matched funding principle.

[Mr Philip Hollobone (Kettering) (Con)]

May I commend to the Minister the idea of sending a police officer to every scene of a burglary? In that respect, I commend Northamptonshire police’s Operation Crooked, which has slashed domestic break-ins across the county by 48% in two years, down from 5,500 burglaries in 2019 to 2,850 in the 12 months to December 2021. That is what the public want to see. It is demonstrably effective and a really good use of the funding that he is giving to the police.

[Kit Malthouse]

My hon. Friend is an eagle-eyed participant in the House, and in the “Beating Crime Plan” that we published last July he will have seen a chapter entitled “Excellence in the basics”. In that chapter was exactly the proposal that he outlined from Northamptonshire: that we would purloin that idea and spread it to other forces. For the moment, Northamptonshire and Greater Manchester police will do exactly as he says and visit every burglary, because we believe that forensic and other opportunities eventually drive the numbers down. It is that basic fulfilment of people’s expectations that we want to see from this increased funding, and I congratulate his force on leading the way on that.

As I have set out, the Government continue to invest significantly in policing. It is therefore only right that we expect policing to demonstrate to the taxpayer that such funding is spent effectively and efficiently while ensuring the highest possible quality of service for the public. As announced at the spending review, the Government will expect to see over £100 million of cashable efficiency savings delivered from force budgets by 2024-25. For 2022-23, we expect to see £80 million of efficiency savings, which is reflected in the funding set out in that part of the settlement.

With greater investment in modern technology infrastructure and interoperable systems, we expect to see an increase in productivity and therefore the delivery of key outcomes. We will continue to work with and support the policing sector through the efficiency in policing board, with a renewed focus on the improvement of the measurement of productivity gains so that we can show how our investment delivers for the public beyond the rather dry management language in which it is described.

Right from the beginning this Government have made clear where we stand on law and order: on the side of the law-abiding majority and squarely behind the brave men and women who go to work every day to keep us all safe. This settlement demonstrates our unwavering commitment to ensuring that the police have the resources they need to drive down crime, protect the public and improve outcomes for victims. I commend the settlement to the House.

--- Later in debate ---

[Mr Kevan Jones (North Durham) (Lab)]

I would like to begin by thanking the men and women of Durham police and the support staff for their commitment and dedication, particularly given the difficult time they have had over the last couple of years with the pandemic, and for their support during Storm Arwen recently. I would also like to put on record my thanks to Jo Farrell, the chief constable, for her effective leadership of a force which, despite what the Minister pushed to one side, has been continually rated as outstanding for its effectiveness and efficiency. I am sorry that the new police and crime commissioner did not see fit to brief MPs on the settlement, but that does not matter, because I have been making the same arguments about the budget for the past 11 years, and I possibly know the police budget better than many.

To listen to Ministers today, we would think that the election of the Government in 2019 was ground zero and that nothing happened before then, or that nothing that happened before then was their responsibility. Somehow it is not their fault that we in County Durham lost 325 experienced police officers or, for example, that Dorset, even after the much-vaunted 20,000 officers promise, will still have 70 police officers fewer than it had in 2010. This did not happen by accident; this happened because of the political decisions taken by successive Tory Governments since 2010. It is very interesting that the Minister said that the first duty of Government is to protect citizens and policing is a main part of that, but the main point is that the police funding budget was cut by some 16% over that period.

The other point—and this leads to the problem we have in Durham and, I think, in many forces, including Dorset—is the fact that policing was traditionally funded mainly by the central Government grant and the precept then made up the remainder. What has happened since 2010, and it continues in this latest settlement today, is that that central Government grant has been cut by 30%, which has basically pushed the cost of policing on to local council tax payers. The overall tax burden has gone up since 2014-15 by some 13% on local council tax payers. In some areas, it has gone up even more than that, and I will explain the reasons why in a minute.

The Minister has again peddled the same line today. The Government say that there will be x millions extra for policing, but what they never say is that the bulk of that will come not from central Government taxation, but from local council tax payers. The Minister then says that it is up to the local police and crime commissioner to decide whether to put up the council tax. No, they should read the actual policy. It assumes that the announced funding figure is based on all the councils putting it up to the maximum. Frankly, they do not have a choice in that if they want effective local policing.

All I ask of the Minister and of the Government is to be honest when they make these announcements. When they announce that the budget is going up this year by a certain number of hundred millions, why do they not split it out into what the Government are doing centrally and what increase the Government are asking local council tax payers to pay?

[Kit Malthouse]

If the right hon. Gentleman had listened carefully to my speech, he would have heard me say specifically that £500-odd million was coming from the Government to PCCs, and that, if they all took their flexibility, £200-odd million was coming from the PCCs. I specifically enunciated in my speech what the balance was. By the way, Mr Deputy Speaker, as I know that the right hon. Gentleman will not want to mislead the House, let me say that that does not indicate that the bulk of police funding is coming from the precept. It is quite the reverse: the bulk is coming from central taxation.

[Mr Jones]

I understand police funding, and I understand what the Government have been up to for the past 12 years. When the Minister—and he did this today—or the Prime Minister say that this Government are providing an extra certain amount of money for policing, why do they not put that caveat on it? They never do, because that is the sting in the tail. That has been happening continuously. It happens not just in policing, but in local government funding and in the funding for our fire and rescue services, so this creates a problem for local policing, local government and the fire and rescue service in County Durham. It has got to the point where our fire and rescue service will survive this year, but could actually fall over next year, because of the way in which this Government continue to push the emphasis onto the local council tax payer.

Why is this a particular problem for County Durham? The root of it is that 58% of the properties in County Durham are in council tax band A. In Wokingham, in Surrey, only 2.8% are in band A. So, if the precept for policing in County Durham is increased by 1%, it will raise £3.8 million, whereas in Surrey, it raises £8.9 million. Therefore, what we basically have with this policy, which is slowly pushing more and more funding onto local council tax payers, is that the poorest areas with the lowest council tax banding systems are the losers, while other, more affluent, areas are the gainers.

The Government have this slogan—they govern in slogans—that they will create another 20,000 new police officers, but, again, in County Durham, we have lost 325 officers since 2010. Even with the settlement today and the PCC putting the precept up to the maximum, we will still be, by the end of this, 153 officers short of where we were in 2010. I look forward to the next election when the three Conservative Members for County Durham put out their election leaflets, claiming another 20,000 police officers. I doubt whether they will be honest with the public and say that the party of which they are members has cut the police officers by 153 over that period. The problem is not just about numbers, but about the experience of those officers. Because of those cuts, we have lost some long-serving, experienced officers, who have been replaced by individuals who will logically take a while to gain experience. In any organisation, historical and corporate knowledge is important when it comes to the effectiveness of a police force, so it is not just about numbers, but about the experience of those officers.

As I have said, we will end this period with 153 fewer officers than we had in 2010. The Chancellor of the Exchequer’s constituency in North Yorkshire will end up with 190 more officers than it had in 2010. That is because every 1% increase in the precept in County Durham raises about £400,000, whereas in North Yorkshire it raises £800,000. Unless we tackle the funding formula, areas such as County Durham—and, I suspect, Dorset—will continue to be at a disadvantage.

That goes to the central point, which is that this is all a result of the Government continuing with a political decision that they took 11 years ago when they said, “We are going to cut central funding and push it on to local council tax”. Let us add to that the fact that policing is just one part of law enforcement, but we have seen court closures in County Durham and cuts in the number of prosecutors in the CPS, which has led to a system in crisis. That comment does not come from me; it comes from talking to local police officers. Even when they are successful in catching criminals, getting them through the court system is time-consuming. I accept that covid has had an effect, but a lot of it is not about that; it is about the capacity of the CPS and courts to find the time needed.

The Minister said that the Conservatives were the party of law and order. I am sorry, but we have to look at our courts system and our justice system today—they are not the party of law and order, given the paralysis in our justice system. The situation is also not fair for victims because they are waiting an inordinate length of time to get justice or even court dates, and in the end, some will think that they have not got justice when cases are dropped because of the time they have taken.

If we do not have a fundamental review of the funding formula, the situation will continue. Even with this settlement, County Durham—I put this on record yet again—which is deemed an “efficient” and “effective” force and as “outstanding” by the inspectorate, is still missing some £10 million for the next few years. Where will that come from? The only way is through more efficiencies. I have spoken to the chief constable and some great things have been done to make sure that there are improvements. However, over the past 11 years, the pressures on our police have not stood still, which has not helped. Legislation has put more demands on them. As my hon. Friend the Member for Croydon Central (Sarah Jones), the shadow Minister, said, the nature of crime, is changing. House burglaries are traumatic and terrible for individuals, but so are fraud and scams. I found it pretty depressing to hear the Business Secretary more or less dismissing fraud as though it is somehow a victimless crime. Just speak to some victims of that type of crime—they feel terrible. But fraud is a crime that is going to need more specialism. The nature of crime and the demands on our police force are changing, and that needs long-term stability and investment in our police force to provide such specialism. Without that, we will continue this cycle.

The Minister is a very combative individual and, on a personal basis, I get on quite well with him. However, the approach is all front; all smoke-and-mirrors. We need to disaggregate the spin and the headlines about 20,000 officers from the reality of what is happening on the ground. Unless the funding formula is addressed quickly, efficient and good police forces such as Durham will continue to suffer. The only people who will pay for that are my constituents and people in County Durham, who will do so through higher council tax bills and a potentially poorer service.

--- Later in debate ---

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

I am grateful to all Members who have contributed to this debate. It has been useful and I know that police officers up and down the land will have particularly welcomed at this difficult time the tributes to their bravery and commitment to the work they do to keep us all safe. I add my gratitude to them.

There were two key themes coming out of the debate. As the hon. Member for Croydon Central (Sarah Jones) said, the Bedfordshire “massive” are, as usual, present for these debates, as they have been every year for the last few years, and the Dorset posse have been pushing me hard on the funding formula. I am pleased to confirm that work is under way. The technical oversight group has been appointed and has a chair. We expect to go to consultation this summer and I will begin my parliamentary engagement, shall we say, in late spring, so Members should look out for an invitation to a meeting winging their way quite soon. I explained what might happen with the formula.

I would just caution those calling for a funding formula review. This is a very complex process, as those who have been involved in funding formula reviews in the past will know. There are two things to bear in mind. First, all cannot have prizes. There will undoubtedly, proportionately or otherwise, be a redistribution from one to another in a funding formula. Secondly, when particular indicators are pushed, such as tourism, there may be unintended consequences. For example, I get a strong lobby on tourism and visitor numbers from south-west Members, but if that were to be part of the funding formula what would that say about funding for London? How much of the overall cake would then be absorbed from forces across the land to deal with visitor numbers in London? We deal with that in London through a capital city grant and obviously there would be a consequence to that being part of the funding formula. I do not necessarily want to dwell on that point, but I ask Members to think carefully about unintended consequences before they make a contribution towards the consultation.

[Richard Drax]

London is a metropolitan area and far easier to police. Dorset is a massive rural area with fewer police. The point is that rurality is not taken into account in the funding formula.

[Kit Malthouse]

There is, actually, in the current funding formula a sparsity indicator, but nevertheless these are exactly the sorts of issues we will have to deal with in future and they are certainly something I want to focus on.

The other broad issue which a number of Members mentioned was dealing with a specific problem in a specific geography that may emanate from elsewhere. A number of Members, particularly those from Bedfordshire and Dorset, mentioned county lines. It is worth remembering that we are spending significant amounts of money on dealing with county lines in London, west midlands and Merseyside, where the vast bulk of the exporting drugs gangs come from. Money spent in London on intercepting and dealing with those gangs will pay benefits in Shaftesbury, Luton and other parts of the country. We make that investment in those forces, but on behalf of the whole country. That is a part of our having to see the whole of policing expenditure as a system, whether that is the National Crime Agency—which is no doubt doing work on the Dorset coast—the Metropolitan police doing work on county lines, or indeed the British Transport police, with whom I am very pleased that my hon. Friend the Member for South Dorset (Richard Drax) met. We are funding its taskforce on county lines, which is doing extraordinary work intercepting young people with knives, drugs and cash on the rail network, gripping it in a way that it has not been gripped before.

[Andrew Selous]

On the point about focusing on where county lines come from, they also come from Luton, which is another reason why Bedfordshire needs to be treated fairly.

[Kit Malthouse]

As my hon. Friend knows, we have been happy to fund Operation Boson, which has been dealing with serious and organised crime and drug dealing in and around Luton—which, as he says, is a particular hotspot. Our county lines settlement provides some money for receiving, or importing, forces to try to step up to the plate. However, I hope all those forces will realise that there will be a huge impact on violence specifically in their areas if they co-operate with the operations coming out of those three big exporting forces, and I hope that people will look carefully at both the funding formula and the impact of the overall investment package on their force before drawing a negative inference.

[Mr Kevan Jones]

Will the Minister give way?

[Kit Malthouse]

No, I am going to finish, because we have to move on to other business.

The hon. Member for Croydon Central (Sarah Jones) invariably presents a dystopian vision of our work on crime. She is a very hard person to please. Let me now read out the bit of her speech that she obviously crossed out for some reason, in order to remind the House that according to the most recent Office for National Statistics publication, produced just last week, violence is down by 15%, murder by 16%, stabbings by 15%, theft by 20%, burglaries by 30%, car crime by 28%, and robberies by 34%.

[Sarah Jones]

Will the Minister give way?

[Kit Malthouse]

I will not.

I am the first to admit that the fight against crime is always two steps forward and one step back—it is never a linear progression—but after this settlement, and given the history of the Prime Minister and myself in this particular matter of policy, I hope that no one will doubt our commitment to fighting crime throughout the United Kingdom, and I hope that through this settlement we have once again demonstrated our enduring commitment to the police who conduct that difficult job. We are giving them the powers, the resources and the tools that they need to continue this ever-important battle, and I hope that the House will support the financial settlement.

Question put and agreed to.

Resolved,

That the Police Grant Report (England and Wales) for 2022–23 (HC 1084), which was laid before this House on 2 February, be approved.

Laboratory Animals: Animal Welfare Act

Kit Malthouse Excerpts

Monday 7th February 2022 Westminster Hall

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

It is a pleasure to appear before you, Mr Paisley. I thank the hon. Member for Linlithgow and East Falkirk (Martyn Day) for securing the debate, as well as all Members who have made contributions. The Government recognise that this is a challenging and important policy area, with a huge amount of public interest.

The use of animals in science lies at the intersection of two important public goods: the benefits to humans, animals and the environment from the use of animals in science, and the UK’s proud history of support for the highest possible standards of animal welfare. The balance between those two public goods is reflected in the UK’s robust regulation of the use of animals in science through a dedicated Act: the Animals (Scientific Procedures) Act 1986, or ASPA. That Act specifies that animals can be used in science for specific limited purposes only when there are no alternatives, and it provides protection for those animals.

I will structure my comments around three key themes: the relevance and benefits of using animals in science; how animals used in science are protected in law through specific legislation and with oversight from dedicated regulators; and, specifically, the breeding or use of dogs in science, which has been mentioned by a number of Members.

The use of animals in science never occurs in isolation. Scientists use and integrate data from a wide range of different methods, including in test tubes, computer modelling, the use of animal or human tissues, and clinical trials in healthy volunteers or patients. Funding is seldom solely for one type of research, but rather for all relevant methods to answer particular research questions. It is therefore not a matter of choosing between different scientific methodologies, but of using the best method for the specific experiment, and ensuring that animals and humans are not used when other methods can give the information needed.

As part of the entire research system, animal testing and research play a vital role in understanding how biological systems work in health and disease. They support the development of new medicines and cutting-edge medical technologies for humans and animals, and the safety and sustainability of our environment. Animal research has helped us to make life-changing discoveries, from new vaccines and medicines to transplant procedures, anaesthetics and blood transfusions. The development of the covid-19 vaccine was possible because of the use of animals in research.

Although much research can be done in non-animal models, as a number of Members have outlined there are still purposes for which it is essential to use live animals, as the complexity of whole biological systems cannot always be replicated using validated non-animal methodologies. That is especially the case where the safety of humans and animals needs to be ensured.

Animal models are constantly improving to become more accurate and predictive, and scientists understand progressively more about which biological systems in which animals offer the most scientifically valid results. Improvements in understanding the genomes of animals and humans have been critical to ensuring that scientific research in animals is understood and applied appropriately. Data from animal experiments are fed into computer models that analyse their predictivity and enable scientists to use animal models in smarter and more predictable ways.

There have been reports in the media and claims in the debate that 90% of animal tests fail. That is incorrect. There is a high attrition rate in drug development, but there are many reasons why drugs that are assessed as potentially effective and safe in animals do not progress to market. It is an incorrect assumption to suppose that an experiment that failed was otherwise pointless. In many ways, that is the point of experimentation: to work out what works and what does not.

Information from animal studies has an important function throughout the drug development process. It allows for the identification of factors that can be monitored to assess adverse effects from potential new medicines in their first clinical trials and helps to establish the first dose that can safely be given in these human trials. That is a critical part of protecting the safety of the participants in those trials. Results of animal studies are used as the basis for extrapolation to indicate and manage possible risks to humans. Should animal testing not occur, more potential medicines would not progress to market, resources would be spent on potential medicines that would have been excluded through animal testing, and the risk to humans in clinical trials would be considerably higher.

I turn to the legal framework. ASPA is a specific Act to enable the use of animals in science while ensuring that there are specific protections for those animals. An assumption in the debate seemed to be that there are no protections for animals used in experimentation, but that is not the case. While animals used in science are excluded from the Animal Welfare Act, that does not mean that they are not protected in line with the underlying principles of the Animal Welfare Act.

To be clear, should this House seek to include animals in science in the Animal Welfare Act, as a number of Members have requested, no animals could be used for scientific purposes at all. That would result in increased risk to human and animal health and to the environment and a significant negative impact on the role of the UK in innovation and scientific progress. As my right hon. Friend the Member for North Thanet (Sir Roger Gale) pointed out, that could increase global harm, as much of that testing would be offshored. In certain jurisdictions that have restrictions, evidence of such offshoring is clear.

ASPA protects animals used in science by requiring the operation of a three-tier system of licences: licences are required for each establishment in which animals are used in science, each project that uses animals in science and each person who performs regulated procedures on animals. In addition, the regulators operationalising and enforcing ASPA operate a system to ensure the compliance of all those who hold licences under the Act.

Since January 2021, the Government have been implementing a reform programme, which has resulted in improvements to the way compliance is assessed by the Animals in Science Regulation Unit, which is the regulator in Great Britain. That includes systematically reviewing reports required under ASPA and conducting systematic team-based audits, thematic audits across all establishments, inspections based on specific triggers and investigations of potential non-compliance. Collectively, the reforms seek to improve compliance and therefore the protection of animals used. We will continue to oversee the implementation of further improvements and monitor and report on the regulatory outcomes achieved.

[Patricia Gibson]

As the Minister will be aware, and as I said in my speech, section 24 of the Animals (Scientific Procedures) Act makes it a criminal offence for the information about how the animals are treated during experiments to be disclosed. It seems that the Home Office consulted on section 24 in 2014, but has not published the outcomes. Does he know why?

[Kit Malthouse]

I am not aware of why we have not published the outcome of the consultation. Section 24, however, only blocks public officials from releasing information given in confidence, and it came into place before the Freedom of Information Act 2000. It has never been used alone since the Freedom of Information Act came into effect, and information is released on a regular basis—a couple of times a week, in frequency terms—under the terms of that 2000 Act, so it is not correct to say that it is section 24 that is restricting access. I understand, from my officials, that the consultation response will be issued later this year, as part of the work of the policy unit, which I will say more about shortly.

I turn to the use and regulation of dogs in science. The use of purpose-bred dogs for research in the United Kingdom is not prohibited under the ASPA. However, the use of stray dogs is prohibited. Under ASPA, dogs, together with cats, horses and non-human primates, are specially protected species. That means that greater oversight is required of establishments holding those species, and of projects using them.

No dogs are authorised for use within the United Kingdom if the scientific objective can be achieved without using animals, or by using animals of less sentience. As with all projects approved under ASPA, all projects proposing to use dogs in research must justify why any animals need to be used, why dogs need to be used and why the specific number of dogs and exact procedures are required.

Most dogs used in science are required for the safety testing of potential new medicines, in line with international requirements designed to protect human health. Dogs are a species often used in research because of their genetic similarity to humans, which means that they suffer from similar diseases, such as diabetes, epilepsies, and cancers. The dog genome has been sequenced and mutations mapped, so dogs are incredibly important in basic research such as on muscular dystrophy, where there is a known mutation in dogs.

Research using dogs has been instrumental in the development of more than 95% of all new chemical medicines approved for use in the European Union in the last 20 years. That has included medications for use in treatments for cancer, heart disease, diabetes, and specific genetic disorders. Establishments that either breed dogs for use in science elsewhere or conduct regulated procedures on dogs are required to provide care and accommodation to those dogs in line with the published code of practice for that purpose. Adherence to that code of practice, and to all other standard conditions applied to any establishment licence, is assessed by the regulator as part of its compliance assurance programme.

Establishments breeding, supplying or using dogs in science are contributing to critical activities to protect human health and advance scientific progress. They are operating legally within a regulatory framework that requires licensure and assessment of their compliance.

[John Nicolson]

That is a long litany of justification, but perhaps the Minister would address just one specific point, which my hon. Friend the Member for Linlithgow and East Falkirk raised: what is the scientific or ethical justification for pouring chemicals into the stomachs of puppies without using anaesthetics? Could he address just that point?

[Kit Malthouse]

The hon. Gentleman obviously uses emotive language to describe a practice that, I understand, is called gavage, where the feeding of compounds into the stomachs of dogs is done in such a way as to ensure a consistent dose at a consistent time for a consistent assessment. As the hon. Gentleman will know, very often the use of those chemicals is to assess two things: first, dosage and efficacy, and secondly, toxicity. I understand that that is the best method, scientifically.

[John Nicolson]

And if that was your dog?

[Ian Paisley (in the Chair)]

Order.

[Kit Malthouse]

During the debate, a series of claims have been made about dogs being bled or force-fed, and I would be more than happy to correspond with Members on the scientific basis for those activities. While I understand that this is a very emotive and difficult issue—these are not pleasant practices that anybody would necessarily enjoy—there are sound, scientific reasons for their being employed. I would be more than happy to correspond with Members to explain how and why.

[Mr Dhesi]

I thank the Minister for giving way; he is being generous with his time. As hon. Members have pointed out, the language may be emotive but it is the truth. I fear that the Minister has failed to answer the question why anaesthetics cannot be given to those animals suffering.

[Kit Malthouse]

There are lots of circumstances in which anaesthetics are administered. Obviously, everybody is under an obligation to minimise whatever suffering may be incurred as part of an experiment. For example, reference was made to beagles being bled for scientific purposes. As I understand it, that happens from time to time but under terminal anaesthetic, and is not to be confused with the taking of small blood samples, akin to a human being giving a blood test.

The UK’s aim is to become the world leader for the development, access and update of new and innovative treatments and technologies. We also need to protect the health of humans, animals and the environment. To achieve these important outcomes, we will continue to need to use animals, including dogs, in science, until such time as alternatives are achieved for all purposes.

The Government remain committed to robust regulation of the use of animals in science. That continues to be achieved by a specific, targeted exemption from the Animal Welfare Act and the operationalisation and enforcement of the Animal (Scientific Procedures) Act, which exists specifically to regulate and protect animals in science.

We are committed to supporting and funding activities to replace, reduce and refine the use of animals in science. We accept that continuous improvement is always necessary, and therefore we are sponsoring a change programme to optimise the performance of the regulator for the use of animals in science in Great Britain. Additionally, we have established an integrated policy co-ordination function, currently in the Home Office, across the whole of Government to bring greater strategic oversight to the policy area of the use of animals in science. That will give the Government more effective management and assertive control over that area.

To conclude, Members have raised a number of issues, some which are historical, some of which, I am afraid, they are mistaken about and some of which require clarification. I am more than happy to correspond with all the hon. Members here today and answer many of those questions.

However, I finish with three points. First, it is currently the case that no human medical trials are possible anywhere in the developed world without safety testing in animals first. Notwithstanding the claims made by a number of Members today about comments made by particular scientists, that reflects the global scientific consensus at the moment, as I understand it.

Nevertheless, it is necessary for us to work on our three R’s strategy, to move towards less animal testing. Since 2015, we have had a three R’s strategy in place, devised by organisations such as the Defence Science and Technology Laboratory and medical research organisations. That is doing great work across the industry and ensuring that we get this right.

[Rachael Maskell]

Will the Minister give way?

[Kit Malthouse]

No, I am just drawing to a close.

Finally, I urge hon. Members to recognise that it is possible to be both an animal lover and accept the need for experimentation on animals, in the greater cause of human and animal health.

Police Grant Report (England and Wales) 2022-23

Kit Malthouse Excerpts

Wednesday 2nd February 2022 Written Statements

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

The Secretary of State for the Home Department, my right hon. Friend the Member for Witham (Priti Patel), has today laid before the House the Police Grant Report (England and Wales) 2022-23 (HC 1084). The report sets out the Home Secretary’s determination for 2022-23 of the aggregate amount of grants that she proposes to pay under section 46(2) of the Police Act 1996. Copies of the report are available from the Vote Office.



The allocations that have been laid before the House today are as set out in my statement and provisional Police Grant Report of 16 December 2021.



In 2022-23 the overall funding settlement for the policing system will total up to £16.9 billion, a £1.1 billion increase on the 2021-22 funding settlement. Available funding to Police and Crime Commissioners (PCCs) will increase next year by up to an additional £796 million, assuming full take-up of precept flexibility. This would represent an increase to PCC funding in cash terms of 5.8% on the 2021-22 police funding settlement. Council tax levels are a local decision and elected Police and Crime Commissioners will rightly want to consider what they are asking people to pay to fulfil their strong desire to keep our streets safe. The council tax referendum principles in England are not a cap, nor do they force local authorities to set taxes at the threshold level. Rather they are an additional local democratic check to prevent excessive increases, determined by the House of Commons.

The table available as an attachment online documents funding to PCCs for 2022-23, including precept.

Attachments can be view online at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2022-02-02/HCWS577/ .

[HCWS577]

IOPC Report on Metropolitan Police Officers' Conduct: Charing Cross Police Station

Kit Malthouse Excerpts

Wednesday 2nd February 2022 Commons Chamber

[Dr Matthew Offord (Hendon) (Con)]

(Urgent Question): To ask the Home Secretary if she will make a statement on the Independent Office for Police Conduct report on police officers’ conduct at Charing Cross police station.

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

As the House is aware, the Independent Office for Police Conduct yesterday published the findings of an investigation into bullying and discrimination at Charing Cross police station between 2016 and 2018. The report makes extremely disturbing reading. It describes abhorrent behaviour and misogynistic, racist and homophobic communications between officers, which appear to have become commonplace. On a personal note, as someone who knows the Met well, I cannot begin to describe my horror at the revelations in the report.

It is right that individuals found to have committed gross misconduct have been dismissed and cannot re-join policing. However, this is obviously about more than individuals; it is about how a toxic culture can develop and fester in parts of a police force—a culture that is allowed to go unchallenged until a brave officer blows the whistle or a message is discovered on an officer’s phone. These events have a corrosive impact on public trust in policing and undermine the work of the thousands of diligent and brave police officers who keep us safe every day. I am grateful for the work of the IOPC in investigating these allegations, and I expect the Metropolitan Police Service and the Mayor of London to implement the report’s recommendations as soon as practically possible.

We are also taking action to address these issues. The Home Secretary has established the Angiolini inquiry, which has now started, and Dame Elish is examining the career of Sarah Everard’s killer. While focused on that case, she will be considering whether the culture in the places where Sarah’s murderer worked meant that alarm bells did not ring earlier. In the second part of her inquiry, we expect a light to be shone on wider policing, including on those cultural issues.

In addition, at the Home Secretary’s request, Her Majesty’s inspectorate of constabulary and fire rescue services is currently inspecting forces across England and Wales to judge their vetting and counter-corruption capabilities. As part of this, we have specifically asked it to look at how forces are ensuring that misogyny and sexism are identified are dealt with in the workplace. We are also working closely with the National Police Chiefs’ Council to ensure professional standards on social media use for all police officers.

Being a police officer is an honour, conferring special status on those who serve. The findings of the IOPC’s report are shaming for those who have abused that honour and for the Metropolitan police. Standards must be raised. The precious bond of trust between the public and the police depends upon it.

[Dr Offord]

As a London MP, there are few opportunities to seek answers on the performance of the Metropolitan police, so I am grateful to you, Mr Speaker, for granting this urgent question.

The publication of the report by the Independent Office for Police Conduct joins the list of misdemeanours that have occurred in the Met in recent years. The IOPC opened its investigation in March 2018 following claims that an officer had sex with a drunk person at a police station. This is, in itself, a criminal offence, and it is even more shocking following the rape and murder of Sarah Everard by a serving police officer less than a year ago. The report says that officers searched social media with the intention of having sex with people they have made contact with through being a victim of crime. This is an egregious breach of trust with the public and must be addressed immediately. Officers were found to have sent messages to a female on a shared group chat saying:

“I would happily rape you…if I was single I would happily chloroform you.”

Other officers gleefully boasted about their behaviour by sending messages including:

“You ever slapped your missus? It makes them love you more. Seriously since I did that she won’t leave me alone…Knock a bird about and she will love you. Human nature.”

It surely is not.

The investigation uncovered evidence in relation to bullying, violence towards women, perverting the course of justice, discriminatory language and other inappropriate behaviours. The range and severity of these messages demonstrates that they are not humorous comments but evidence of a sinister and obnoxious culture that has pervaded the very organisation and individuals who are supposed to uphold the law. Worst of all, it tarnishes the reputations of all the decent, hard-working employees of the MPS.

Where is the Mayor of London in all this? Recently we heard his comments on the cost of living, accusations about the Prime Minister, Brexit, levelling up and drug decriminalisation—on everything except what he is responsible for, the policing of London. While more young people are murdered on the streets of London and police officers commit crimes, we need leadership on keeping Londoners safe, and that is not happening.

Will the Minister, first, look at the Sexual Offences Act 2003 with a view to changing the law so that any person, of any age, who is in a position of trust with any other persons, regardless of their age, commits a criminal offence if they seek to involve the other person in sexual activity? Secondly, will he expand and speed up Baroness Casey’s review of the Metropolitan police’s culture and standards to take into account behaviours outside the realm of the workplace so that proper background checks are made on the appointment of MPS staff in all departments, including the MO7 taskforce? Finally, will he seek the establishment of a confidential complaints system in the MPS so that whistleblowers, particularly women, can raise their concerns without being subjected to campaigns of threats, intimidation, coercion and abuse by others?

Confidence in the MPS is incredibly low following a number of abuses. If the public decide they no longer have confidence in those who police them, then that really would be a crime.

[Kit Malthouse]

I share my hon. Friend’s horror at some of the messages that have been published, which really are abhorrent. As I understand it, the unit that is being investigated has since been disbanded, and quite rightly so, with disciplinary action following.

With regard to my hon. Friend’s specific requests, on the offence, I am certainly happy to look at that suggestion and explore it further as a possibility. On the Casey review, he is quite right that Dame Louise Casey has been appointed by the Metropolitan Police Commissioner to examine cultural issues within the force.

Obviously, that started with the appalling killing of Sarah Everard and the consequences thereof, but I am sure, knowing Dame Louise as I do, that she will be looking closely at all these issues as they unfold, sadly, on an almost weekly basis in the newspapers. I have asked today for a meeting with her so that I can understand exactly where her inquiry is going and establish for myself that it will fit neatly with the work we are doing, through the inspectorate and through the Angiolini inquiry, into wider issues of culture in the Met and elsewhere in policing. On the establishment of whistle-blowing systems, one of our specific requests of the inspectorate as it looks at all the police forces across the UK is that it make sures that adequate whistleblowing facilities are in place—or that the process is there—that will allow officers who want to call out bad behaviour to do so with confidence. Again, it is worth saying that although it is possible to put in place processes, practices, manuals and training, and we can do our best to train police officers and to instil in them the right values—that has never been more important than now, as we are having such a huge influx of new, young police officers waiting to be filled with the right kind of values—this still does point to a culture of leadership making it clear that such behaviour is not to be tolerated, and projecting confidence on officers to step forward and call out bad behaviour and this kind of communication. Whatever the processes we put in place, unless the wider leadership of UK policing is able to project that confidence, I think we will fail in our mission.

[Sarah Jones (Croydon Central) (Lab)]

May I associate myself with the comments from the Minister, particularly his thanks to the IOPC for the report? The behaviour outlined in the report is truly appalling. As a woman and a mother, I found it chilling. Such shameful behaviour undermines policing and threatens public trust. The Metropolitan police must accept and urgently implement the IOPC’s 15 recommendations.

Sadly, this is not just an issue in London; there have been disgraceful cases involving misogyny or racism among officers in Sussex, Hampshire, Leicestershire and Scotland. Ministers will know about these—we have been aware of them for some years. It is not good enough to leave police forces to solve these problems, or to wait until all the different reviews are completed. We need action now from the Government to tackle discrimination and prejudice within policing, and to help rebuild confidence.

Police training needs overhauling now, so that police officers get ongoing training throughout their careers, including on anti-racism and on tackling violence against women and girls. Action is needed now on the wholly inappropriate use of social media to perpetuate prejudice or bullying. What are the Government doing now to make sure that that happens? Action is needed now to tackle racism within the police force, but the National Police Chiefs’ Council action plan on race is 18 months overdue. Why is the Home Office not making sure that this happens sooner?

The Home Office inquiry after the murder of Sarah Everard is still non-statutory, meaning that it still does not have the full range of powers. Will the Minister listen to Labour’s calls and place it on a statutory footing? If the Government want to show that they believe in tackling misogyny, at a time when the rape charge rate has fallen to a record low of 1.3%, will the Minister finally commit now to making tackling violence against women a strategic policing requirement?

Confidence in the police is absolutely fundamental—to protecting victims, catching criminals and keeping our communities safe. We all want the police to be the best that they can be—victims deserve it, the public deserve it and all good police officers deserve it. We need a plan from the Government to make sure that that happens. The Metropolitan Police Commissioner must now spend every minute of her remaining time working to make the Met the best that it can be. That means tackling serious violence, and violence against women and girls, and getting prosecution rates up, but it also means a relentless focus on raising standards. Nothing less will do.

[Kit Malthouse]

I recognise that the hon. Lady’s job is to challenge the Government to do ever better, and I welcome her doing so, but I hope she will bring the same forensic challenge to the Mayor of London. Having done the job of deputy Mayor for policing and crime, I would certainly have taken responsibility for driving such changes forward from City Hall. Indeed, we faced similar problems between 2008 and 2012, established our own race and faith inquiry and drove through some of the very difficult reforms that were required a decade ago. I hope she will speak to her party colleague in City Hall and press him also to bring action.

While the hon. Lady is right to urge us into ever-greater action on these matters, I know she recognises that there is plenty of work already ongoing. We are, for example, working closely with the National Police Chiefs’ Council as part of the new national working group on inappropriate social media use by police officers, working out what more we can do to drive that down. I recently met the chair of the scrutiny panel for the NPCC race and equality plan, and I am confident she will be able to bring impetus, momentum and scrutiny to the work it is doing.

We have not made the Angiolini inquiry statutory, because we want to get on with it. We need speed if we are to solve some of these problems fast and maintain confidence in UK policing. If we find, in discussion with Dame Elish, that the statutory basis is required, we will consider that. For the moment, we want to get on with it fast and, as I say, the work has already started. We do not believe, given the way the police regulations are drawn, that Dame Elish will face any obstacle in obtaining the evidence she needs from those forces involved in stage 1 of the inquiry, but if obstacles are put in her way, we are committed to trying to remove them for her. We are examining the strategic policing requirement at the moment and will make announcements about what is or is not included in it in the months to come.

[Nickie Aiken (Cities of London and Westminster) (Con)]

Words cannot really cover how I felt when I read the IOPC report; that anybody could think that using such language is acceptable, let alone police officers—and police officers based in my constituency, in a police station just up the road. I will be meeting the borough commander for Westminster tomorrow to discuss the report and how he and his colleagues plan to bring its recommendations to pass. I also welcome the review by Dame Louise Casey; I have worked with her for many years and I know she will leave no stone unturned when it comes to looking at the culture of the Metropolitan Police.

Does my right hon. Friend agree, however, that although it is clear there are rogue police officers in the Metropolitan Police and other police services, there are thousands and thousands of dedicated and hardworking police officers up and down the country who are equally disgusted? Will he join me in thanking them for their service?

[Kit Malthouse]

I share my hon. Friend’s disgust at these events. As a former Westminster councillor and the London Assembly member for the area that includes Charing Cross police station, and having visited the police station to see its work in policing one of the most diverse, sensitive and difficult parts of the country and the capital, I find it shocking to see such evidence. I agree that that disgust and fury will be shared by the thousands of police officers across the United Kingdom who do extraordinary things every day to keep us safe. It will be shared not least, given the nature of the messages, by the ever increasing numbers of female and black and minority ethnic officers—the numbers in UK policing are now at an all-time high in both categories—who are doing their best to help us all in changing the face of British policing.

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

This report is truly shocking. One key issue is the screening out of unsuitable applicants right at the start. I want to ask about current recruitment and vetting, as so many officers are now being employed. Does the Minister believe that the use of solely online recruitment, assessment, checks and offers is appropriate? That is happening in several forces, where there are no face-to-face interviews. One recruit said that the first time he had a face-to-face interview was when he was being measured for his uniform. I will just quote what Karen Ingala-Smith of the anti-violence charity Nia said, referring to Sarah Everard’s killer:

“Couzens was at least the 15th serving or former officer to have killed a woman. Now is the time for more rigorous checks, not fast-track online selection processes”.

[Kit Malthouse]

As I am sure the Chair of the Select Committee will recognise, the advent of the pandemic meant that we had to find innovative ways to continue with our recruitment process. We are obviously reviewing them as we emerge from the pandemic, to ensure that we get them exactly right. As I explained earlier and as I am sure the right hon. Lady knows, we have commissioned a general inquiry across UK policing to look at vetting procedures to make sure that the police across the UK have consistency—because each force is responsible for its own vetting—and that that net is drawn as sharply as we possibly can to ensure that we get the right people into policing.

Critically, however, it is important that we monitor carefully how those new young police officers coming through feel and what they are being exposed to, and give them the confidence to know that where there is bad behaviour, they are able to call it out without detriment to themselves. There is not just one piece of the jigsaw; an entire machine needs to be built to ensure integrity in all police officers—to build confidence among the British people that the right people are getting into policing, that they are being maintained in policing and that, where things go wrong, corrective action can be taken quickly.

[Mrs Maria Miller (Basingstoke) (Con)]

The racism, misogyny and bullying uncovered by the report are damning, but I do not believe that it is reflective of the vast majority of our police forces, as my right hon. Friend just said. We owe it to those officers to root out this behaviour. The IOPC started its investigations four years ago, and similar investigations in Hampshire—as the Minister will know, as my near neighbour—took three years. What is my right hon. Friend doing to ensure that investigations are completed in a more reasonable timeframe, and that anonymity is not used to hide those who are involved in such heinous behaviours?

[Kit Malthouse]

My right hon. Friend is quite right that we need to ensure that inquiries are speeded up as much as possible. I hope that she will remember that, a year or so ago, we introduced reforms to the way in which the IOPC operates to push it to ever greater alacrity in its inquiries. Now, in the case of an inquiry going over 12 months, it is required to write a letter to the appropriate authority—whether that is the police and crime commissioner or me—to explain why. Often, the delay is the fault not necessarily of the IOPC, but of inquests, criminal inquiries or correspondence providing information that extends the timeframe. However, we need to know why.

As far as transparency and anonymity are concerned, I have written recently to all legally qualified chairs of disciplinary panels to say that there should be a stringent examination of whether those hearings need to be held in private or in public. It is absolutely vital for trust in policing that the British people not only know that justice is being done in a disciplinary process, but can see it too.

[Several hon. Members rose—]

[Wera Hobhouse (Bath) (LD)]

In the last year alone, Cressida Dick was forced to make two public apologies for corruption and cover-up, in the Daniel Morgan murder case and—although she never apologised—for the atrocious mishandling of the vigil for Sarah Everard. We have seen the Met accused of institutional corruption, misogyny, racism and, following the Stephen Port killings, homophobia, not to mention the handling of the partygate fiasco. Now we have this damning report on the Charing Cross police station by the Independent Office for Police Conduct. This lack of leadership and the culture of cover-up are letting down honourable rank-and-file police officers, so why did the Home Secretary think that it was remotely acceptable recently to extend Cressida Dick’s term, as opposed to demanding her resignation?

[Kit Malthouse]

Two of the matters that the hon. Lady refers to are still under investigation by Her Majesty’s inspectorate and I hope that that will conclude shortly. It is worth pointing out that this incident was discovered shortly after the commissioner became commissioner and the unit was disbanded shortly thereafter on her watch. The reason that her contract was extended is that we thought she was the best person for the job.

[Felicity Buchan (Kensington) (Con)]

As someone who represents a central London constituency, I am shocked and horrified by these revelations and the toxic culture that it represents in some parts of the Metropolitan police. Will my right hon. Friend assure me that he will bring up these concerns with the Mayor of London, because the Mayor needs to take responsibility for sorting out the culture of the Metropolitan police?

[Kit Malthouse]

As somebody who, as I said, served in City Hall as deputy mayor for policing, I can tell the House that the intention of the Greater London Authority Act 1999, which created the mayoralty and put the police authority and then the Metropolitan police under the control of the Mayor of London, was to ensure that the forensic examination of Met performance and internal processes could be done as close to the frontline as possible and that the Mayor should be in the driving seat.

[Ms Karen Buck (Westminster North) (Lab)]

As one of the two Members of Parliament for Westminster, I have always greatly valued and supported the work of our local police, and I think that our good and decent police officers will also be appalled by what they have seen in the past few days. They know what we know—that policing a young, modern, diverse city such as Westminster and London is founded on trust. That trust will also be reflected by having a police service that reflects London, so will the Minister tell us what immediate steps he is taking to review the progress, which has faltered over recent years, in ensuring that London’s police service is as diverse in all its forms as the city that it polices?

[Kit Malthouse]

Hon. Members will have seen that, as part of our uplift programme not just in London, but elsewhere, we are specifically pushing to increase diversity both in terms of gender and race within policing. That is important nowhere more than in London and we have been working closely with the Metropolitan police to maximise the possibility of not only people from a BME background, but women joining the police force.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

The Minister will be aware that I have spoken about the issue of the Met police on a number of occasions. I am very proud to represent Vauxhall in south London. It is a diverse constituency where, if I am honest, sometimes the relationship between the community and the police can be fractious. We have a number of great community leaders who are willing to work and build the trust between the police and the community. However, reports such as this just blow that confidence out. How can I reassure my diverse community—my diverse community of young black children, of LGBT people, of women who feel let down by the police—that they can have confidence and trust in the police? How will the Minister address the issues relating to the fact that, when we come to summer, we will see our police out on the streets and the young who are fearful of the police will not trust them, women who want to go out across Vauxhall at night will be scared to approach the police, and our LGBT people who want to go out and enjoy themselves will not want to come forward to the police? How is he going to address that culture now?

[Kit Malthouse]

Having wrestled with these issues in the past, I completely agree with the hon. Lady that it is totally critical that there is a strong bond of trust with communities who have perhaps had a fractious relationship with the police. I think that the best thing that they can do is decide to be the change themselves, and I urge all communities in London and elsewhere to put forward their brightest and best to be police officers.

[Clive Efford (Eltham) (Lab)]

Cutting 21,000 police officers since 2010 has led to the rush to recruit officers to backfill those gaps, and the vetting of those officers is crucial. Does the Minister think that recruiting people purely through interviews online and doing that vetting purely online is suitable, given that the police are such a customer-facing, hands-on—sometimes literally— service with the public?

[Kit Malthouse]

It is worth pointing out that, while the assessment process was online, once those police officers enter training, it is not accepted that they will necessarily be attested at the end. They are constantly assessed throughout their training on whether or not they are suitable. We continue to monitor their performance not just through training and in the immediate months after their acquisition, but thereafter. Having said that, we have to be slightly careful to bear in mind that, of the 11,000-odd who have stepped forward to be police officers, the vast majority of them are bright, smart, well-meaning and well-motivated people with the right kind of values to be police officers, and we have high hopes for them in the future.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

The report was chilling. What worried me most was that the horrific cases were referred to the IOPC in 2018, yet the concerns about sexist discrimination and sexual harassment in the London Metropolitan police were not addressed by the time of the horrific murders of Bibaa Henry and Nicole Smallman, and Sarah Everard, who has been mentioned a few times. Like my hon. Friend the Member for Vauxhall (Florence Eshalomi), I have had young women in my constituency writing to me and saying that they do not feel safe walking around at night in my constituency. As someone who had a bad experience with the police before I became an MP, I ask the Minister to set out some tangible steps the Government are taking to ensure that the misogyny in the force is tackled and that they are actually doing a proper job, so I can reassure my young constituents that they are safe to walk around in Hampstead and Kilburn.

--- Later in debate ---

[Kit Malthouse]

As I explained earlier, we are engaging at all levels with the various actions plans that are in place to try to bring change in policing. And, of course, we are injecting a much more diverse shot of energy and personnel into policing through the uplift programme. However, it is—I am not making a political point—primarily the job of the Mayor of London to hold the commissioner to account on these issues. We are sending in the inspectors not just to London but to every force to look at their vetting and anti-corruption processes to make sure they are functioning well, but with a particular emphasis on the ability internally to call out exactly this kind of behaviour. It appears that this incident came to light after phones were brought in to be checked after a previous incident—this was referred to by my hon. Friend the Member for Hendon (Dr Offord)—and they were discovered almost accidentally. We have to ask why. Why were there not police officers calling out that behaviour? That is what we are sending in the inspectors to have a look at.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

The Minister will understand that this case, among other things, will reinforce the profound concern about the level of violence towards women and the lack of accountability for men who are responsible for that violence. As my hon. Friend the Member for Croydon Central (Sarah Jones) alluded to in her remarks, the Government have so far refused to make violence against women and girls a strategic policing priority. Given the seriousness of this latest report, the fact that it is not an isolated case and the clear need for cultural change across the Metropolitan police, will the Minister stop procrastinating and bring that in?

[Kit Malthouse]

We have not refused at all. We have said we will consider it, along with all the other horrendous crimes that, sadly, teem around this country and which we have to deal with. As I say, we will publish our findings on the strategic policing requirement shortly.

[Wendy Chamberlain (North East Fife) (LD)]

I am the only female former police officer currently serving in this place. Although I served with dedicated officers, I would be lying if I said that I did not recognise an element of the culture from my own service over 28 years ago. Training is absolutely vital. Post the Stephen Lawrence inquiry, all police officers and staff across the UK attended three days of diversity training. It was a big undertaking, but it visibly demonstrated to the public that we were taking this seriously. What steps is the Minister taking and what conversations is he having with the College of Policing for something similar?

[Kit Malthouse]

The hon. Lady speaks with knowledge and she is exactly right. We are in intensive conversation with the College of Policing, which, as I hope she knows, is under new leadership, to ensure that we get the package of training exactly right, and, specifically, that the training catches up with modern phenomena, which perhaps it has been a little slow to do, such as social media.

[Marsha De Cordova (Battersea) (Lab)]

The findings of this report were deeply shocking, but if we look just at this last year, we have seen that the Metropolitan police have deep-rooted structural problems, from racism to bullying to misogyny. Currently, we have a commissioner in the job that I do not believe is fit for purpose. Does the Minister agree that, to really tackle the broken culture in the Metropolitan police, we also need to change the commissioner?

[Kit Malthouse]

I recognise that media coverage has the tendency to compress time. It is worth pointing out that the issue came to light in 2017 and the unit was disbanded in 2018. Charing Cross police station was merged into a wider borough operational command under new leadership, which is committed to driving out this kind of appalling behaviour. Whether that culture persists, and the vigour with which the Met is pursuing it, will be revealed, we hope, by both the Angiolini inquiry and the work of Dame Louise Casey. I urge the hon. Lady to wait for those conclusions.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

This cultural problem does not just apply to Charing Cross, or even, as my hon. Friend the Member for Croydon Central (Sarah Jones) said, to the Met. It also does not just apply to middle-ranking and junior officers. As a councillor and now a Member of this House, I worked with Chief Superintendent Paul Martin and Chief Inspector Ricky Kandohla, who were both found guilty last week of gross misconduct and dismissed without notice for a series of offences. The chief superintendent led the three-borough basic command unit and was found to have committed bullying and discriminatory conduct towards a female police officer, misuse of a bank card, and impropriety over a promotion. Will the Minister assure the House that any reviews will address the cultures within our police forces right to the top of senior levels?

[Kit Malthouse]

That is our intention.

[Anna McMorrin (Cardiff North) (Lab)]

The report not only makes for incredibly uncomfortable and difficult reading, but destroys public confidence. This is not just about the Met. Alongside the Government’s failure in the criminal justice system, where victims are let down and rape prosecutions have fallen to just 1.3%, how can the Minister expect victims of serious sexual assault and rape across the country to come forward? What will he do about that?

[Kit Malthouse]

I have previously expressed sincere regret for the results in the criminal justice system on rape. I hope the hon. Lady will recognise that some of our actions—not least Operation Soteria, which is showing good signs of making progress in this area—will give people more confidence in getting a result. However, the incidence of reported rape in this country continues to rise as more and more people come forward to report that appalling crime, and we must ensure that they are confident of getting justice through the criminal justice system. That is what the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean), and I are dedicated to.

[Nadia Whittome (Nottingham East) (Lab)]

The IOPC’s report was truly damning, but it is not the only example of misogyny in the Met police that has come to light in the past couple of weeks. The Met has also been made to pay compensation to a woman in Nottingham who was deceived into a relationship with an undercover officer, and it has been made to apologise to my constituent Dr Koshka Duff for misogynistic and derogatory comments made before and after a strip search. Does the Minister agree with the report’s conclusion that the incidents the IOPC investigated are

“not isolated or simply the behaviour of a few ‘bad apples’”?

Will he commit to an independent, public, statutory inquiry into institutional misogyny in the Metropolitan police?

[Kit Malthouse]

Given the incidents we have seen—I too was appalled by the incident to which the hon. Lady refers—it is hard not to agree with the IOPC conclusions. As I have explained in the past few minutes, several inquiries in this area are ongoing within the Met, and I think it best to wait for them to conclude before deciding on what the next steps may be.

Draft Misuse of Drugs Act 1971 (Amendment) Order 2022

Kit Malthouse Excerpts

Thursday 27th January 2022 General Committees

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

I beg to move,

That the Committee has considered the draft Misuse of Drugs Act 1971 (Amendment) Order 2022.

It is a great pleasure to appear before you, Mr Hollobone, albeit a few minutes early. If you are happy to proceed and it is orderly to do so, I am also happy with that. The order was laid before the House on 15 December 2021. I start by thanking the Advisory Council on the Misuse of Drugs for its advice on this matter, which helped to inform the order. That advice, published on 20 November 2020, recommended that three drugs be moved from class C to class B of the Misuse of Drugs Act 1971. The drugs are: gamma-hydroxybutyric acid, which is known as GHB; gamma-butyrolactone, which is known as GBL; and 1,4-butanediol, which is known as 1,4-BD. I will refer to them collectively as GHB and related substances—or GHBRS. The Advisory Council on the Misuse of Drugs recommended that all three substances be controlled under class B of the 1971 Act because of their potential harm and the evidence of the prevalence of these drugs in the UK.

GHBRS are central nervous system depressants. While they have been used as recreational drugs, they have also been weaponised to commit drug-facilitated sexual assault and other crimes. Although this is a misnomer, they are commonly referred to as date rape drugs. The Advisory Council on the Misuse of Drugs provided wide-ranging advice on these substances. Prevalence of use increased steadily from 2005 to 2015 and has plateaued since. Gamma-butyrolactone and 1,4-butanediol are converted to gamma-hydroxybutyric acid on ingestion and are therefore similar in effect.

The ACMD found that there was evidence of an increasing number of deaths associated with GHBRS since it had last considered the harms, including 27 recorded deaths in 2018. It was found that these compounds can cause profound unconsciousness and that there is a high risk of overdose and death to users. Other severe effects include the loss of emotional control, depression, paranoia, anxiety, aggression and persistent cognitive impairment. There is strong evidence of GHBRS being used to facilitate crime, including in high-profile cases. They were used by the serial rapist Reynhard Sinaga and the murderers Stephen Port and Gerald Matovu to incapacitate their victims.

Clearly, it is right that we follow the advice of independent experts and tighten controls on these substances. Moving the drugs to class B will increase the maximum penalty for unlawful possession from two years’ imprisonment or a fine, or both, to five years’ imprisonment or a fine, or both. This will signal to the public that offences involving these substances are treated seriously and are subject to appropriate penalties, acting as a deterrent for their possession and supply. It will ensure that sufficient punitive measures are available to the courts, and will mean that the police place a higher priority on action against offences involving these substances.

The ACMD report recommended not only the control of these three drugs under class B of the 1971 Act, but also that gamma-butyrolactone and 1,4-butanediol be placed in schedule 1 to the Misuse of Drugs Regulations 2001. This is the most restrictive schedule, which is applied to substances without recognised therapeutic use in the UK. Currently, GBL and 1,4-BD have a unique status. Although they have no therapeutic use, it is it is lawful to import, export, produce, supply or possess them in circumstances where they are not intended to be used for human ingestion. That exceptional status was intended to enable the legitimate industrial use of these substances. However, the exemption has been exploited to enable illicit supply. The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2021, which were also laid before the House on 15 December, will therefore abolish the exemption for GBL and 1,4-BD, meaning that industrial users will need to obtain a Home Office-controlled drugs licence for their use.

Although the 2021 regulations are subject to the negative resolution procedure and therefore the rescheduling of GBL and 1,4-BD is not under debate, it is a crucial part of the package. Taken together, the two measures will deter illicit possession and supply and reduce the availability of GHBRS, thereby preventing crime. We all know the destructive effect that illegal drugs have on the lives of not only those who take them, but their families and wider society. That is demonstrably the case for GHBRS, which have been weaponised to enable crime. The advice from the independent experts makes it clear that these substances are harmful, so it follows that they must be subject to stricter controls. I commend the order to the Committee.

--- Later in debate ---

[Kit Malthouse]

I am grateful to Members from across the Committee—particularly Opposition Members and the incoming Chair of the Select Committee, the right hon. Member for Kingston upon Hull North—for their support of the measure. As I hope people have understood, the draft order is part of a suite of tools that we are putting together as a general push against illicit drug use and the use of drugs in crime across the whole United Kingdom. Just before Christmas, we launched our 10-year drugs strategy, whose entire being is about driving down the pernicious effects of illicit drugs in the UK and the concomitant crime. This is a particularly pernicious and unpleasant area of business, on which we have become more focused recently—not least because, as a couple of Members pointed out, there has been a rise in the prevalence of the use of such drugs, and indeed in the number of deaths from it.

To answer the first question asked by the hon. Member for Bradford West, we do believe that the reclassification will reduce the use of the drugs, not least because the greater sentencing indicates a greater sense of priority, which will therefore attract greater police resource. The police prioritise their capacity on offences that we in this House deem to result in the highest harm, and they generally attract the highest amount of attention. For example, most murder squads will have 20 or 30 officers, while most burglary investigations will have one or two. By giving the matter such a level of importance, we think that greater attention will be paid to it. That includes, for example, sales of the compounds on the dark web, where we do enormous amounts of work, mostly thorough our National Crime Agency colleagues, on policing access to illicit equipment—guns, knives, chemicals or whatever it may be. Obviously, the draft order will help with that effort in directing them to where we think the most harm is emanating from.

The hon. Lady raised an interesting question about the use of the drugs consensually. Although there might be people who do that, I hope that everybody would agree that it is profoundly undesirable for their own health that they should use the drugs, whether they consent or not, given the effects that such compounds can have. They are effectively industrial solvents. They are not fit for human consumption. If we can discourage even that kind of use, we should.

Nevertheless, as the hon. Lady said, it is incumbent upon us to ensure that we have the right capacity and facilities in place for those who are victims of these kinds of sexually motivated crimes. As I hope she knows, just in the last couple of years we have expanded the number of independent sexual violence advisers and the support mechanisms available for people who are targeted by sexually motivated crime. On the wider response to the ACMD’s report, I would be more than happy to share that with her in due course.

I turn to the overall spiking strategy, although I am anxious not to expand beyond the general remit of the debate. The right hon. Member for Kingston upon Hull North identified spiking as a specific issue, and she is right that it is an area of concern. Last autumn, there was a significant rise in the number of reports of individuals who thought that they had been injected with these chemicals, rather than just consuming them in a drink. As she will know, given that she has spoken to Jason Harwin, a national gold group is looking at the evidence to ensure that we have right the capacity, and that we are linking up the right patterns and looking for the right clues about what might be happening with that phenomenon. It is widely the case that the number of convictions for spiking across the country, against the number of reports, has not been satisfactory over the last two or three years. I think that we would all admit that. I hope that the work that Jason is doing, alongside the wider drugs strategy, into which enormous resource is being pumped, particularly on health and rehabilitation, will start to drive down the usage.

The other effect that I ought to outline is that the raising of the classification of the drugs means that the proprietors of premises where they may be deployed, such as nightclubs, will need to be much more on their guard for such compounds as they arrive through the doors, as they are at the moment for cocaine, heroin and other drugs that sadly make their way into the night-time economy. We hope that the raising of the classification, and of the seriousness with which we take the issue, will be reflected in the law enforcement effort more generally across the country, and therefore we will see a reduction in the pernicious use of the chemicals. I commend the draft order to the Committee.

Question put and agreed to.

[The Treasurer of Her Majesty's Household (Stuart Andrew)]

On a point of order, Mr Hollobone. I will not detain the Committee for too long, but I bring it to your attention that the notifications that were sent out said that the start time of the meeting would be 11.30 am, not 11.25 am. Also, my hon. Friend the Member for Aylesbury (Rob Butler) received notification to be on the Committee, but is not a member of it. I wonder whether there has been some confusion with the hon. Member for Brent Central, who shares the same surname.

Biometrics Commissioner and Forensic Science Regulator

Kit Malthouse Excerpts

Thursday 20th January 2022 Westminster Hall

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

It is a great pleasure to appear before you, Dr Huq. I am grateful to you, and I thank my right hon. Friend the Member for Tunbridge Wells (Greg Clark) and the hon. Member for Blackley and Broughton (Graham Stringer) for securing this debate and giving up the chance to commune with their constituents on a one-line-Whip Thursday to consider this important matter.

Before I start, I want to make it clear that, as far as I am concerned, forensics, biometrics and the use of technology in policing—and, indeed, the confluence of all three—has been for the last decade, and will be for the foreseeable future, the most important development in the prevention, detection and prosecution of crime, and represents the possibility of a great leap forward for policing generally, not just in this country but across the world. It is my determination that we should harness the capability that these three strands give us as much as we possibly can within a framework of public trust. All our work at the Home Office, and indeed at the Ministry of Justice, is focused on that key objective.

While there has been criticism during the debate of the system that we currently have—I think my right hon. Friend called it a mixed picture, which is fair—I do not think we should beat ourselves up too much. We see significant results in the courts and detection day in, day out from our ability to wield forensics and biometrics—my right hon. Friend has seen a result in his constituency just recently—and we have some of the best forensic scientists in law enforcement in the world operating in this country, in the private sector and elsewhere.

However, as hon. Members have said, forensic science in particular has faced challenges in recent years. Constrained resources, allied with a huge growth in the volume of sources of evidence, have put a strain on the system, particularly where digital material is concerned. We have taken steps to address that. As I hope Members will know, we are investing £25.5 million this year and a further £25.5 million next year to strengthen forensic services for policing, particularly digital forensics. We have set up the forensic capability network, which is bringing much-needed stability to the commercial market through co-ordination activity. I will get the updated numbers for my right hon. Friend after the debate.

When it comes to quality, Dr Tully did enormous amounts of work in this area previously, with partners, to make sure that there were standards of collection, analysis and presentation of evidence. However, hon. Members are quite right to push for more, and that is why we were so pleased to support the Bill to put the regulator on a statutory footing that recently went through at the second attempt. Although the hon. Member for Bristol North West (Darren Jones) was successful this time, my hon. Friend the Member for Bolton West (Chris Green) had a go in the previous Session, but unfortunately his Bill fell before the end of the Session. It has been a long-term objective of ours to get the regulator on to a statutory footing so that her or his standards are enforceable. We are working closely with the regulator to commence those new powers as quickly as possible. I do not have a date, but we will do it as fast as we can.

There is of course much more to do, which is why we are working closely with the regulator’s office, the Attorney General’s office and other partners to push out the forensic science reform programme, which, as I hope Members will know, is organised around four pillars. The first pillar is police capabilities. It is about ensuring that the police have all the skills they need through the Forensic Capability Network and the Transforming Forensics programme.

We want to ensure that there is proper regulation, hence the Forensic Science Regulator Act, which we think is a major landmark in levelling that playing field. Also, the Police, Crime, Sentencing and Courts Bill, currently going through the Lords, strengthens the law to ensure a consistent approach, for example for requesting information from phones and other electronic devices, and it will ensure that in all cases requests to victims and witnesses are necessary, proportionate and made only as a last resort. Guidance on that will appear quite soon.

Among other things, the code of practice will address how information may be obtained using other, less obtrusive means, and how to ensure that agreement is freely given and that the device user’s rights are understood. It is a good example of the way we have to address specific developments in forensics within an overall framework of regulation and public trust. One of our priorities is to ensure that law enforcement has access to all the evidence necessary for its investigations and to put behind bars those criminals who need to be put there, so we will also look at the legal framework for suspects to make sure it stands the test of time, and enables timely, thorough and fair investigations.

The third pillar of our strategy is criminal justice system capabilities. We have developed a model to measure the impact that forensic disciplines can have on the investigation and prosecution of crime throughout the criminal justice system, to make sure that evidence is fairly and properly presented in court and that it is robust and, crucially, presented properly to the court’s practitioners. That strand of work will also increase the transparency of expert witnesses’ credentials and ensure that defendants have equal access to those experts. The Crown Prosecution Service and the Judicial Office, again with other partners, are also helping to oversee and deliver that important strand of work. I would be happy to provide my right hon. Friend the Member for Tunbridge Wells with more information on that, as he requested.

The fourth pillar, of course, is research and development. We want to ensure that we are ahead of the game, particularly on development in forensics, making sure that we direct our research and capabilities towards those strands of work where we believe there will be most value for policing, and to make sure that we are not constantly playing catch-up with new technology, as we perhaps have been in the past. For example, we have work under way to enable crime scene investigators to capture fingerprints digitally at the scene and then transmit them instantly to where they are needed, as well as research into innovative ways to locate and recover microscopic body fluids, advancements in DNA techniques, and the role forensic intelligence plays in high-harm crimes such as county line gangs and drug violence.

In addition, Transforming Forensics and the FCN held a research and innovation festival week in 2021, with significant policing and industry engagement. Guidance for research and development stakeholders to access funding opportunities has been produced, and discussions with UKRI to identify options for future dedicated funding for forensic science needs are ongoing.

Taken with the legislation to give the Forensic Science Regulator those statutory powers, I hope that our reform programme represents a joined-up and concerted effort to address the issues facing forensic science in England and Wales. As I said earlier, we absolutely recognise the critical importance that forensics plays in the criminal justice system, and we will continue to work closely with the sector and other relevant partners to drive progress across these disciplines.

Police use of biometrics, such as DNA and fingerprints, plays a huge part in protecting the public. Last year, DNA linked more than 21,000 people to crimes, including 588 to murders and 491 to rapes. But biometrics are not without their challenges, and a number of hon. Members have referred to the challenge of facial recognition technology. We recognise that we have an overriding responsibility to keep the public safe and, where we can, we should equip the police with the techniques to do that.

We do believe that facial recognition will improve, or has the possibility of improving, public safety very significantly. Generations of police officers have used photographs of people to identify suspects, and more recently CCTV images have been a vital tool in investigations. There are many examples where suspect images have been matched to wanted known individuals, ensuring that they cannot evade justice when they cross force boundaries. What is changing is the ability to use computers to match images with increasing confidence and at speed, as well as to combine technologies such as surveillance cameras and facial recognition to greater effect.

As I hope Members know, live facial recognition trials have produced a significant number of arrests; we are up to 70 now, including for a double count of rape, robbery and violence, false imprisonment, breach of a non-molestation order, and assault on the police. My favourite story is that of the concert by a particular rock band in Cardiff that had been plagued by dippers—pickpockets and others stealing phones and wallets. Just advertising and notifying people that facial recognition was being used at that concert meant that the number of offences fell to zero. Indeed, South Wales police, which has been at the forefront of adopting this technology, produces about 100 identifications a month through retrospective facial recognition, reducing identification time from 14 days sometimes to hours, which is obviously critical when a dangerous criminal is at large.

[Carol Monaghan]

I thank the Minister for his comments. The issue is not the use of these images—I think we all understand the importance of using the images— but their long-term storage. That is where people start having some difficulties.

[Kit Malthouse]

I will come on to that in a moment. I just want to address the question of a legal framework. There is already a comprehensive legal framework around the operation of this technology. As Members will know, it has been tested through the courts. The police have broad common-law powers around the detection and investigation of crimes, including the use of technology, but there are other bits of interlocking legislation that need to be borne in mind.

Obviously, there is PACE—the Police and Criminal Evidence Act 1984—the Human Rights Act 1998, the Equality Act 2010 and, indeed, data protection legislation, all of which gives a framework in which the police must operate. They are also subject to regulation through the Information Commissioner’s Office on the retention and use of data, and through a range of oversight bodies—happily, some external and some internal. As Members will know, a number of forces have, for example, ethics panels that are looking at the use of this technology. I will point Members who are interested to my appearance last week in front of the House of Lords Justice and Home Affairs Committee, which is looking at exactly this issue—the ethics and regulatory regime around the use of biometrics in particular.

We helped the police to appoint a chief scientific adviser, and forces have access to further support from their own ethics committees, as I said, as well as the Police Digital Service, the College of Policing and others. We have been working with the police to clarify the circumstances in which they can use live facial recognition and the categories of people they can look for, and I am told that the College of Policing will be publishing national guidance soon. That is a word that I have come to love in this job—“soon”, “soonest”, “shortly”.

It is of course an important part of our democratic process that people can raise and debate, including here in Parliament, legitimate concerns about police use of new technologies, and that legal challenges can be made in the courts, as has been referred to. Bridges v. South Wales police is an example.

I know that Members will recognise the importance of the police holding a bank of custody images for the potential identification of suspects and, often, witnesses. However, it is important that the public understand their rights in relation to the biometric data of all kinds that is held on them, and in particular their images. Last year, the National Police Chiefs’ Council established a new working group to develop further guidance on the retention of custody images. Through that group, the Home Office has worked with the police to issue new guidance stressing that people have the right to request deletion of their custody images. The police will communicate that guidance through various means to complement the existing information that is already available online and elsewhere. However, it remains the Government’s ambition to deliver an automatic deletion system for these images. We hope to do that during this Parliament, and I would be happy to supply the Science and Technology Committee with more details when I have them in due course.

[Graham Stringer]

I do not disagree with anything the Minister is saying, but would it not be easier if, when people are taken into the custody suite after an arrest and have their photograph taken, there were a simple sign next to the camera saying, “If you are found not guilty, or you are not guilty or the charge is not sustained, you have the right to have these images deleted”?

[Kit Malthouse]

I certainly think it would be a good idea to provide people with that information at as early an opportunity as we can. Whether they would read a notice on the wall at that moment of particular stress is something that I would have to think about, but it should be possible to provide them with that information as they exit the police station, having been released with no further action. That does not necessarily suppose that they are not going to be subject to further investigation at that point, but they can at least be informed of their right to request the deletion. Whether the police force complies will depend on other factors.

I told the Committee last June that we would make an announcement about further reforms to empower the police to use technologies while maintaining public trust. As I outlined earlier, we believe that a comprehensive legal framework and a range of regulatory and oversight bodies are in place, but we are always seeking improvements. We have already appointed one person to carry out the previously part-time roles of the Biometrics Commissioner and the Surveillance Camera Commissioner to reflect the increasing convergence of those technologies.

The Department for Digital, Culture, Media and Sport consulted last year on further consolidating biometrics oversight arrangements, recognising that the current arrangements are complex and confusing for the police and public alike, and that they potentially inhibit confident adoption of new technologies. We have also consulted on a power to create a code of practice to set out the principles for police adoption of new technologies, such as biometrics, to ensure greater consistency while maintaining the flexibility to allow the law to keep up with rapidly developing technology. We will respond to that and to the DCMS consultation in the spring.

As I hope I have outlined, the Government recognise right hon. and hon. Members’ aspiration that this should be a critical stream of work for the Home Office, and for policing more generally. We also recognise that there is the possibility to undermine public trust in the use of technology if we do not get the framework of accountability, supervision and regulation correct. For these technologies to be successful, they need to be successful in court, which requires standardisation and quality. We recognise that there are capacity issues that need to be addressed, and we are working with partners to fill those gaps. I hope that my right hon. Friend the Member for Tunbridge Wells will take comfort, for example, from the fact that the Forensic Capability Network, the National Police Chiefs’ Council and the private sector are, as we speak, working together on a workforce strategy to plug exactly the capability and capacity holes that he identified.

Finally, as I said at the start of my remarks, we believe that the use of forensics, biometrics and technology together, as they converge, presents an enormous prospect for a great leap forwards in our collective safety in this country—not just in the prosecution of crime, but in its prevention. The critical thing to remember about fighting crime is that the greatest deterrent to any crime being committed is the perception by the person who would commit it of their likelihood of being caught. The better we get at catching those people and putting them behind bars, the less likely they are to offend.

Solihull Police Station: Proposed Closure

Kit Malthouse Excerpts

Tuesday 11th January 2022 Commons Chamber

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

Before I begin, may I offer my condolences to the family of Jack Dromey? I did not know him well, but in all our dealings, he was always polite and respectful. He was a party man to the last. I saw him last just before Christmas in Westminster Hall where he had sponsored a debate, seeking, with his Labour party colleagues, to defend the decision of the police and crime commissioner in the west midlands to raise the precept by the full £10. I am sure that he will be missed by many, including me.

I thank my hon. Friend the Member for Solihull (Julian Knight) for securing this debate and allowing me to address what is obviously an extremely important issue across the west midlands that has excited so many colleagues to come along and defend the interests of their constituents.

I should start by saying from the outset that I hope the Government have demonstrated their commitment to supporting the police in the past couple of years. They perform a unique role in our society. They are on the frontline of the fight against crime and absolutely critical to the foremost duty of any Government of keeping the public safe. This is a mission of the utmost importance to us and one that we are embarking on with tenacity and relentless determination that the law-abiding majority would expect. I hope that our actions bear this out.

For 2022-23, we are proposing funding for the policing system of up to £16.9 billion, equating to an increase of up to £1.1 billion when compared with last year. For the west midlands, this means that funding will be up to £694.9 million in 2022-23, an increase of up to £39.4 million on the 2021-22 police funding settlement, and, as my hon. Friend pointed out, a significant increase over the past four years.

At the spending review last year, it was announced that the three-year settlement had secured an additional £540 million for the police uplift programme by 2024-25, enabling forces to recruit and maintain the full 20,000 police officer uplift provided for by our recruitment campaign emanating from our manifesto. I am confident that, in the future, with this funding settlement and the funding announced at the spending review in October, police forces will have the necessary resources and capabilities to perform their vital function and keep our citizens safe from harm.

Strengthening police numbers is a key priority, and I am pleased to say that we are halfway to meeting our 20,000-officer target. As of 30 September, forces had recruited 11,053 additional officers. Of this figure, as my hon. Friend said, west midlands police had recruited 867 additional officers, a significant uplift in resources. We expect this outstanding progress to continue into the third year of the programme.

Although we will always play an active role in public protection and crime fighting, it is important that we always remember that local accountability is vital. That is why all operational decisions, including those on the number of police stations and their locations, are for chief constables and for the directly elected police and crime commissioners, and Mayors where they have PCC functions. They are, we hope, best placed to make such decisions based on their local knowledge and experience.

My hon. Friend, along with his colleagues, is obviously expressing significant dissatisfaction about the decisions of the police and crime commissioner. In his speech, he raised three substantive points that I want to address. First, he raised the issue of funding. I have addressed that in correspondence with the police and crime commissioner and, indeed, in the Westminster Hall debate that was called by the Labour party just before Christmas. He is right to point out that there has been a significant uplift in funding for the west midlands police, which will result in a significant number of police officers being recruited. They do need somewhere to operate from. He is quite right in his assertion that whatever plans may have been laid as a property strategy for the west midlands, it would seem sensible to me—and I am sure to him—to at the very least review them in the light of the expansion of police resources and to be sure that every part of the west midlands receives an adequate service, and, critically, that police response times from those bases are acceptable. In some parts of the country, we have seen police officers operating from patrol bases or stations, where they naturally keep their kit, that are some distance from where they need to get to operationally. That wasted time is inefficient. As the money we are giving for the uplift includes resources for things like buildings, equipment, cars and all the ancillary support mechanisms, I hope that all police and crime commissioners, including the west midlands PCC, will review that issue.

The second issue is that I hear repeatedly from the police and crime commissioner in the west midlands that his financial situation is down to the actions of the Conservative Government and that somehow austerity was uniquely targeted at West Midlands police, which was somehow singled out—unlike other police forces, from which I do not hear the same issues. That is patently untrue, not least because police funding is distributed by a legally enforceable formula that does not discriminate by area: there is no discretion as to distribution. The formula may well be elderly, and we have given a commitment to review it—I hope to be able to run the new formula before the next election—but to say that somehow the financial problems of West Midlands police are down to the Government, when other police forces are faring much better, is economical with the actualité, shall we say.

In truth, the situation in the west midlands is the product of decisions made by the police and crime commissioner’s predecessor. In the Westminster Hall debate, I challenged the Opposition about why other forces were in a different position. What different decisions have they made during the past decade that have put them at an advantage over West Midlands police and meant that they have not had to take such steps?

I am perfectly happy to take the consequences of and shoulder the responsibility for austerity. I was not in this House at the time, but I recognise that the country had to do something about its finances, and thank God we did—if we had not, what state would we have been in now and during the pandemic? There were consequences to that, but it cannot be a sustainable argument to say that all West Midlands police’s successes are down to the Labour party and that all the problems are down to the Conservative Government. Labour has to take responsibility for the decisions that it took on police stations, the balance between officers and staff, or the deployment of resources generally. What is the point of someone standing for election if they do not feel that they will make a difference?

The third point, which was raised powerfully by my hon. Friend the Member for Solihull and my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), is about the police and crime commissioner listening to local people. I was technically the first police and crime commissioner in the country: back in January 2012, London went ahead of everywhere else by five months, and for that small period I was in the unique position of being the only PCC. I believe in that position, because the replacement of the old police authorities, which were faceless, nameless, known to nobody and had very little accountability to the public, was critical. We wanted to replace them with a named individual, elected by mandate. Once the election had been fought on party lines, that individual could then do what we all do: seek to serve all our constituents equally, irrespective of how they might have voted or of who their councillors, MPs or other representatives might be.

Given the anger that has been expressed today and in the Westminster Hall debate, in which my hon. Friend the Member for Dudley North (Marco Longhi) complained that promises to him about a police station had been broken, it feels as if the consultation may have gone awry. If I were the police and crime commissioner in any area, I would do as I did in London: seek to build a coalition of support politically for what we were trying to do. The work of the police is difficult, challenging and often confrontational, so ensuring that coalition of support is critical. When we hear that party interests are possibly being put ahead of building that coalition, and when those loyalties are not laid aside, it can be concerning. I am alarmed to hear that in Sutton Coldfield there is dissent—albeit small in number—on the council about the protection of people in the area, and that consensus cannot be built in the area about the disposition of resources.

[Mr Mitchell]

The Minister is responding brilliantly to the debate, but can I just be quite clear that everyone in Sutton Coldfield is against these monstrous proposals? The only people I can find in the entire town who are in favour are the two Labour Birmingham city councillors.

[Kit Malthouse]

My right hon. Friend makes a powerful point. As I have said, my view is that once elections are done, all of us in elected office must seek to build consensus about what we are doing. We cannot expect always to agree with everybody, but we must do our best to ensure, first, that we are listening; secondly, that we are being fair in communicating our decisions; and thirdly, that we are fulfilling the promises we made to the electorate.

I will be in the west midlands on Thursday to review preparations for the Commonwealth games, which hopefully will be a cause for great celebrations across the whole of the west midlands, and indeed across the whole of the Commonwealth. I will be having conversations with the police and crime commissioner about this and other matters, not least violent crime in Birmingham. We have put in significant funding through our grip programme and the violence reduction unit to try to get on top of that problem in the west midlands. When I see him, I will express my surprise that, at a moment of really unprecedented expansion in British policing, when UK policing is stepping forward much more confidently than it has in the past, I have heard such a chorus of distress from elected representatives from across the region. I hope that will give him cause to reflect on his role.

Question put and agreed to.

Provisional Police Grant Report (England and Wales) 2022-23

Kit Malthouse Excerpts

Thursday 16th December 2021 Written Statements

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

My right hon. Friend the Home Secretary has today published the provisional police grant report (England and Wales) 2022-23. The report sets out the Home Secretary’s determination for 2022-23 of the aggregate amount of grants that she proposes to pay under section 46(2) of the Police Act 1996. A copy of the report will be placed in the Libraries of both Houses.

Today the Government are setting out the provisional police funding settlement in Parliament for the 2022-23 financial year. Overall funding for policing will rise by up to £1.1 billion compared with the 2021-22 funding settlement, bringing the total up to £16.9 billion. Within this, funding to police and crime commissioners (PCCs) will increase by up to an additional £796 million, assuming full take-up of precept flexibility. This would represent an increase to PCC funding in cash terms of 5.8% on top of the 2021-22 police funding settlement.¹

This Government are absolutely committed to keeping the public safe; the police have a critical role to play in this, and in reducing crime. We are determined to strengthen our police service and, by providing a three-year spending review settlement, we are giving the police the financial certainty and stability needed for longer-term, strategic reforms. We have confirmed total grant funding for police forces for the next three years, with increases of £550 million in 2022-23, at least £650 million in 2023-24 and no less than £800 million in 2024-25. In addition, PCCs will have up to £10 of precept flexibility in each of the next three years to use according to their local needs.

With this substantial investment, this settlement supports the police to:

1. Successfully complete the 20,000 officer police uplift programme by March 2023, building on the outstanding progress to date.

2. Accelerate progress on the Government’s key policing priorities: reducing crime, ensuring the criminal justice system works for all, driving forward improvements in the service the public receive, and transforming critical capabilities and infrastructure.

3. Ensure an increase in productivity using enhanced technology and investigative tools. In return for this significant investment, we expect police leaders to become more efficient and effective with officers’ time, and in the fight against national threats.

Recruitment

This Government are delivering on their commitment to recruit 20,000 additional police officers, and the three-year spending review settlement gives the police the investment and financial certainty they need for this. We have already invested significantly in increasing the number of police officers, providing £700 million in 2020-21 and a further £425 million in 2021-22. Forces have leaned in to this commitment, and as at the end of September, over 11,000 officers have been recruited, 55% of our 20,000 target. As a result of this policing is more diverse than ever. Since April 2020, more than four in 10 new recruits were female and 11.4% identified as belonging to a black, Asian, mixed or other minority ethnic groups. Good progress is also being made on deployments into regional organised crime units. Forces are recruiting officers to support deployments across the policing system, and we expect this growth to be seen over the spending review period. Forces must not be complacent in their efforts to ensure policing is open to all in modern Britain and to bring in the best talent from across their local communities.

For 2022-23, PCCs will receive an additional £550 million of Government grants which include funding for the recruitment of the final 8,000 additional officers, and continued growth in police staff to support officers, by the end of March 2023. To ensure recruitment is maintained, £135 million of the grant increase will be ringfenced and allocated in line with funding formula shares. As in previous years, PCCs will be able to access this as they progress towards their recruitment target.

Building on the commitments in the beating crime plan, we are continuing to strengthen capability to confront serious and organised crime. Therefore, 425 officers will be deployed into regional organised crime units and equivalent capability in London. Recruitment allocations for year three of the programme are set out in the tables attached to this statement.

Precept

Spending review 2021 confirmed that PCCs will be empowered to raise additional funding through precept flexibility. We propose to enable PCCs to increase their band D precept by up to £10 in each of the next three years without the need to call for a local referendum, the equivalent of less than £1 per month. If all PCCs decide to maximise their flexibility, this would result in up to £246 million additional funding for local policing next year. It is for locally accountable PCCs to take decisions on local precept.

Counter-terrorism policing

The Government will continue to provide vital support for counter-terrorism (CT) policing, ensuring they have the resources they need to meet and deal with the threats we face. For the first time, CT police funding will total over £1 billion in 2022-23. This significant investment will aid in supporting the ongoing CT policing investigations to keep the country safe, and includes continued funding for both armed policing and the CT operations centre. The funding includes the transfer of £44 million for special branch from core PCC budgets to the CT policing grant, protecting local CT assets while providing forces with greater access to specialist expertise and resources to keep our citizens safe from harm.

PCCs will be notified separately of force-level funding allocations for CT policing, which will not be made public for security reasons.

National priorities

This Government will continue to support PCCs and forces through increased investment in national policing priorities. This settlement provides £1.4 billion for the following national priorities in 2022-23 (as set out at tables 1 and 5):

Maintaining our focus on cutting crime to make communities safer, we are continuing to invest in critical priority areas. This includes drugs and county lines activity, violent crime reduction, child sexual abuse and exploitation, fraud, and modern slavery. Next year we will see:

Further investment in law enforcement intelligence and investigation capacity, taking these capabilities one step closer to intercepting the rise of economic crime.

Regional organised crime units equipped with the capabilities they need to tackle serious and organised crime and protect the most vulnerable citizens from abuse, building on the provision of more officers through the uplift programme.

A national crime laboratory to drive the use of innovative data science techniques to prevent and reduce crime.

This Government recognise that transparency, governance and accountability have a key role to play in building public confidence in the criminal justice system. This settlement will enable us to:

Fulfil key commitments from the rape review, including the expansion of Operation Soteria to additional pilot areas to test innovative ways for the police and CPS to investigate rape cases.

Deliver on our commitment to ensure that no victim of rape and serious sexual assault is left without a mobile phone for more than 24 hours and explore how we can further exploit technological advancements and new ways of working to improve investigation outcomes.

Drive improvements in local police performance, including measuring responsiveness to 101 and 999 calls and providing a peer support function through the College of Policing for poor performing forces.

We must ensure that there is no place left for criminals to hide that carry out serious and organised crime and rely on sophisticated digital communications to evade detection. That is why this Government will be:

Investing in a set of critical investigative tools to help deliver the drugs supply attack plan and support a range of other national priority threats. These tools will provide better-quality intelligence, expand law enforcement’s ability to tackle international crime networks, homicide and neighbourhood crime, and boost prosecution rates against high-harm offenders.

Providing greater investment in tackling fraud and improving the way in which intelligence on firearms is collected and managed.

This settlement also includes continued investment in major law enforcement programmes, and other critical national police and law enforcement IT capabilities. This Government will invest in:

Strengthening the ability to share, analyse and act on all available intelligence data to counter drugs, county lines and other high harm offences.

Collaborating with industry to leverage technology in support of safeguarding the vulnerable.

Simplifying the technological capabilities that are delivered so that they can be easily adopted and exploited by operational users.

The Government expect PCCs to continue to take responsibility for crime outcomes both locally and nationally, and we will support PCCs and forces to deliver well-evidenced crime interventions as part of their core business. The spending review has provided £150 million of Government funding for crime reduction in each of the next three years, which will allow the continuation of existing programmes as well as some new investments to prevent crime and keep our communities safe.

We will confirm funding arrangements for specific crime reduction programmes in due course. These will follow a match-funding principle where funding for local intervention is supported via funding allocated to or raised by local leaders. This approach will maximise PCC investment in crime reduction and increase the total funding spent on crime priorities, making our communities safer.

Outcomes and efficiency

While we continue to invest in policing, it is only right that the Government hold the policing sector, as with other public services, to account on delivering for the public. The police must demonstrate to taxpayers that they are using this funding effectively, meeting the needs of their community and ensuring the public receive the highest possible quality of service.

As part of the spending review settlement, the Government will expect to see over £100 million of cashable efficiency savings delivered from force budgets by 2024-25. For 2022-23, we expect to see £80 million of efficiency savings—which have been reflected in the funding set out as part of the settlement.

Ensuring the value of the Government’s investment in policing goes beyond efficiencies. Following greater investment in modern technology infrastructure and interoperable systems, we expect to see an increase in productivity. This will enable more efficient data sharing and analysis, reduce the risk of service disruptions, and provide a foundation for future enhancements and innovations. We will continue to work with and support the policing sector through the Efficiency in Policing Board with a renewed focus on improving the measurement and delivery of productivity gains.

This Government have once again set out their commitment to giving the police the resources they need to cut crime and keep the public safe—setting out today how up to an additional £1.1 billion will be invested in the policing system in 2022-23. We will continue to work with policing to achieve the outcomes set out here. I would like to pay tribute and express my sincere gratitude to our police officers and police staff for the extraordinary bravery and dedication they display each day, to keep us all safe from harm.

I have set out in a separate document, attached, the tables illustrating how we propose to allocate the police funding settlement between the different funding streams and between police and crime commissioners for 2022-23. These documents are intended to be read together.

¹ Funding for special branch has been transferred from existing PCC baselines and now will go to PCCs through the CT policing grant.

The attachment can be viewed online at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2021-12-16/HCWS503/.

[HCWS503]