Crime and Policing Bill (Eighth sitting)

Debate between Luke Taylor and Jess Phillips

Committee stage
Tuesday 8th April 2025 Public Bill Committees

[Luke Taylor]

We welcome the clauses in this group, but I have a simple question about clauses 45 and 47. Why does the Bill not go further than the Conservative Government’s Criminal Justice Bill did in 2024? It could include the IICSA recommendation that observing recognised indicators of child sexual abuse be a reason to suspect. Can the Minister give an explanation of why that key finding of the Jay report is not included in the Bill and whether opportunities are being missed to go that little bit further?

I also agree with amendment 43. Obviously, in some recent high-profile cases, the belief that something had been reported by another person was notoriously used to explain why there had not been further reporting. This would provide a backstop to prevent that explanation from being used to absolve an individual of their responsibilities.

[Jess Phillips]

I feel quite proud to commend this clause about mandatory reporting. For much of my professional life and a huge amount of our political lives, we have been trying to get mandatory reporting across the line, so it is a proud moment. Clauses 45 and 47 and schedule 7 introduce the new mandatory duty to report child sexual abuse, building on the recommendation of the independent inquiry into child sexual abuse, and I will come on to answer the questions that have been asked of me.

The inquiry gathered evidence from many victims and survivors who made disclosures or presented information to a responsible adult with no action being subsequently taken to inform the relevant authorities. A common reason for those failures was the prioritisation of protecting an individual or institution from reputational damage over the safety and wellbeing of children. Many victims who spoke to the inquiry set out the inadequate and negative responses to their disclosures, which meant that they never wanted to talk about their experiences again. The inquiry’s final report recommended that certain individuals in England should be subject to a mandatory duty to report child sexual abuse when they become aware of it. Clauses 45 to 47 give effect to such a duty.

When adults undertaking relevant activity with children have reason to believe that child sexual abuse has occurred, either by being told about it by a child or perpetrator or by witnessing the abuse themselves, the new duty requires that they report it promptly to the police or local authority. Clause 45 applies to the new duty, while clauses 46 and 47 define key practical considerations to whom reports should be made and incidents that qualify as giving a reporter sufficient reason to suspect that abuse has occurred.

I will now turn to the amendments in this group, although I do not think some of them will be pressed. Amendment 43 proposes to remove the qualification that, once relevant information has been passed on to the authorities, further duplicate reports are not required. We do not believe that this amendment is necessary. In designing the duty, we have sought to minimise any disruption to well-established reporting processes. Clause 45(7), which this amendment seeks to remove, ensures that a reporter will not have to make a notification under the duty if they are aware that a report has already been made.

Subsection (7) means that, for example, an inexperienced volunteer or newly qualified professional can refer an incident to their organisation’s designated safeguarding lead for an onward notification to be made to the local authority or the police. The duty will be satisfied when a mandated reporter receives confirmation that the report has been made on their behalf, and it remains on them until that point.

I will answer some of the questions that have been asked, specifically those on guidance for the duty and the people within local authorities whom we are talking about. The Government will set out clear guidance on the operation of the duty, but we will also work with regulators and professional standard-setting bodies to ensure that the new duty is clearly communicated ahead of implementation.

Tackling Stalking

Debate between Luke Taylor and Jess Phillips

Tuesday 3rd December 2024 Commons Chamber

[Jess Phillips]

I thank my hon. Friend for his question. I give him credit for the sensitivity that he showed in dealing with that case in his constituency. It is very important that we always seek the consent of a victim or a victim’s family. That does not always happen in this place.

On his first point, I am not sure about the case that he cites, but the I am happy to talk to him about it. In the case of a death of an intimate partner or a previous intimate partner, there would normally be a domestic homicide review, but that would not necessarily happen in the case of a murder by a stranger, where stalking was involved, although it could. This is about how we deal with the findings of a domestic homicide review or a serious case review. Like many people, I am a bit sick of hearing the words “lessons will be learned” over and again, and then find that the same lesson has to be learned by the same local area just three years later. How we use the findings of those reviews to change things is definitely something that we will focus on. I will use all of my weight—however diminished it might be—to ensure that our online tech companies are on board with the safeguarding that we require.

[Luke Taylor (Sutton and Cheam) (LD)]

For far too long, stalking victims have been let down by a fragmented and inadequate legal framework. The current system, which separates stalking into multiple offences, places an unbearable burden on victims to gather and present their own evidence to secure the harsher penalties under section 4A of the Protection from Harassment Act 1997. This creates the concept of a perfect victim—those forced to meticulously prove the devastating toll that stalking has taken on their lives before justice is served. Although I am encouraged by the review of stalking legislation that is being conducted, will the Minister confirm that this will also consider the pros and cons of creating a stand-alone stalking offence, which would help to ensure that victims are protected and that perpetrators are held accountable without forcing victims to prove their worthiness of justice?

[Jess Phillips]

I agree with the hon. Gentleman. The thrust of the super-complaint was not dissimilar to what he suggests. He is absolutely right about the confusion between a 2A and 4A offence and the element of proof that a victim has to provide, often in front of the perpetrator, who can find it quite delicious to hear how awful things have been for the victim. We will work with all the stalking organisations and the brilliant Victims’ Commissioner in London to make sure that, when we look at the legislation, those things are all taken into account.

Oral Answers to Questions

Debate between Luke Taylor and Jess Phillips

Monday 21st October 2024 Commons Chamber

[Luke Taylor (Sutton and Cheam) (LD)]

T5. The recent London stalking review published by the London victims’ commissioner reveals some pretty alarming statistics: in our capital, 45% of stalking victims felt compelled to withdraw from the justice system and 41% said that no action was taken on their complaint by police. What specific measures are being taken to better support victims of stalking? Are there plans to offer specific training to officers to deal with these cases?

[The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)]

We are absolutely looking at how we can strengthen stalking protection orders. We will look at our stalking laws in the round, but also at how policing handles all cases of violence against women and girls and at the training that will be needed.