Metropolitan Police: Stephen Lawrence Murder Investigation

Marsha De Cordova Excerpts
Wednesday 12th July 2023

(9 months, 2 weeks ago)

Westminster Hall
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Janet Daby Portrait Janet Daby (Lewisham East) (Lab)
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I thank my hon. Friend the Member for Eltham (Clive Efford) for setting out the historical account, the present situation, the severe failings of the Met police and—as he well said—the corruption that has taken place. I would also like to add that Baroness Lawrence is with us in the Chamber.

The 1999 Macpherson report stated that the investigation was

“marred by a combination of professional incompetence, institutional racism and a failure of leadership by senior officers.”

If that report were reviewed in the light of the information that has recently been brought to our attention, it would probably include the word “corruption” as well. Over the decades, the Met should have used the Macpherson report as an opportunity to change. It contains 70 key recommendations for our society to show zero tolerance of racism and discrimination. The Home Affairs Committee’s 2021 report assessing the progress of the recommendations, some of which are still outstanding, concluded that

“there is a significant problem with confidence in the police within Black communities.”

Black communities continue to be under-protected and over-controlled by the police, as has been stated by Robert Reiner, a well-known criminologist.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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I thank my hon. Friend the Member for Eltham (Clive Efford) for his steadfast work on this case and for his speech. Does my hon. Friend the Member for Lewisham East (Janet Daby) agree that we are witnessing a deep-rooted cancer of corruption within the Metropolitan police? It appears to be still alive and kicking. After hearing everything that my hon. Friend the Member for Eltham said in his speech, does my hon. Friend the Member for Lewisham East agree that we need three things? The Met needs to be dismantled once and for all, we absolutely need an independent inquiry into this, and the Met commissioner must now be held to account for these actions. This cannot go on any longer. Justice is not being served for the Lawrence family.

Janet Daby Portrait Janet Daby
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I thank my hon. Friend for her significant contribution. There is clearly disruption and corruption in the Met police; we know that from the recent Casey review and, actually, from many other reviews that I will mention. Where corruption, concealment, cover-up and unnecessary distress have been caused to black communities and the Lawrence family, the police commissioners need to be held to account for the fact that they did not do their job properly. Why did they not do their job properly in the first place?

The Scarman report back in 1981 should have been a chance for the police to progress and change. That, too, was a missed opportunity. I have already mentioned the Casey review, which found the Met police to be institutionally racist, misogynistic and homophobic.

To add insult to injury, a BBC investigation published last month found, as we have heard, that there is evidence of a sixth suspect, Matthew White, being involved in the Stephen Lawrence murder, but that line of inquiry was mishandled by the police at the time. Furthermore, it was announced last week that former Met officers will face no further action over their roles in the 1993 investigation into Stephen’s death. That should all be reopened and looked at again because of the corrupt situation that we now know has taken place. To be fair, I am sure we already knew that; it is just that it has been revealed by the BBC.

Last week’s decision must be causing unnecessary frustration and distress to the Lawrence family—I am very sorry for that—and the wider community. Where is justice? Why do black lives not matter more than they do at present? The police should be doing their job properly. What are we to expect from them in the future?

The Met needs to change. It must use the events of this year as motivation to reform. It must not fail to address its shortcomings, as it did in 1999 and in 1981. I therefore join Baroness Lawrence in calling for police officers under investigation for disciplinary offences to hand over data from their personal mobile phones. More investigation needs to take place, and more needs to happen to uncover corruption and bring about real justice.

Machetes: Consultation

Marsha De Cordova Excerpts
Tuesday 18th April 2023

(1 year ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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Can I start by paying tribute again to my hon. Friend for her tireless and very effective campaigning on this topic? This issue is a good example of Members of Parliament raising constituency issues that have led to what I hope will very shortly be a change in the law. In relation to retailers, we intend to be very strict with retailers. The ban will apply to machetes where there is no obvious legitimate purpose, and retailers will be committing a criminal offence if they sell them. We should have no tolerance at all, as she says, for any retailer who seeks to circumvent or break the law by selling machetes that are—that will be—banned.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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Machetes and zombie knives should have been banned a long time ago, given that the Government had committed on multiple occasions to banning them, but 13 years of cuts to youth services has led to a number of those services closing across the country, including in my constituency, and it is a fact that areas suffering from the largest cuts in spending on young people have seen the biggest increases in knife crime. For all the talk about prevention and intervention, why will this Government not commit to investing in more resources for young people alongside banning these weapons?

Chris Philp Portrait Chris Philp
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On the first point regarding existing legislation, certain kinds of zombie knives were banned under the Offensive Weapons Act 2019, but as I said earlier, sub-paragraph (iii) in section 47(2) of the Offensive Weapons Act 2019 banned only zombie knives that have threatening writing on them, and we are now filling that gap in response to feedback.

On the second point about youth services, I agree that prevention is a critical part of the strategy—it is not just about enforcement; it is about prevention as well, and that includes providing alternatives for young people. That is why we have set up the Youth Endowment Fund, with £200 million to fund evidence-based activity, and it is why violence reduction units and project Grip programmes are directing funding at the 20 police forces, including the Metropolitan police, where those services are most desperately needed.

Strip Searching of Children

Marsha De Cordova Excerpts
Tuesday 28th March 2023

(1 year, 1 month ago)

Commons Chamber
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Sarah Dines Portrait Miss Dines
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My hon. Friend raises an important point. Of course, PACE code C says there must be an appropriate adult present unless the specific exceptions I set out earlier are met. The PACE powers are quite onerous, and it is right that, when the state does something so intrusive to a child, or indeed an adult, the PACE code must be adhered to. Where the Children’s Commissioner has found the police wanting, there needs to be improvement, and the Government do not shy away from that. There needs to be proper protection for our children. PACE must be adhered to, and it will be reviewed.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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I congratulate the hon. Member for Twickenham (Munira Wilson) on securing this urgent question. The findings of this report are damning and deeply concerning. The case of Child Q shone a light on this abhorrent practice of the widespread use of strip searches on children as young as eight, with issues around safeguarding, child protection, racial disproportionality and, more importantly, the adultification of young children and the poor quality of data. We know the trauma of this practice will have a long-term effect on children’s mental health, so what are this Government doing to protect and safeguard the mental health of children? Why on earth is the Minister not accepting these recommendations now?

Sarah Dines Portrait Miss Dines
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It would be alarming if a Government accepted recommendations within hours of a report; we need there to be proper understanding and consideration. After looking at the three basic recommendations, I am concerned that Opposition Members seek to inflame local policing by emphasising, for example, the strip and search of an eight-year-old, when there have been in excess of 2,500 such strip searches—most of which were of people over the age of 16. It is not right for the Labour party to inflame local policing by misquoting or misrepresenting what is going on. I reiterate that 75% of those searched are 16 or 17, and about half are found with illegal substances or weapons on them.

Metropolitan Police: Casey Review

Marsha De Cordova Excerpts
Tuesday 21st March 2023

(1 year, 1 month ago)

Commons Chamber
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Suella Braverman Portrait Suella Braverman
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My right hon. Friend makes an important point about the quality of accountability. The report identified a dysfunctional relationship between the force and the Mayor’s Office for Policing and Crime, and the Mayor needs to ensure it is reset as a matter of urgency. That local accountability is absolutely critical if we are to see meaningful improvement. My right hon. Friend also referred to leadership training within the ranks, which is something I am very interested in. We are making progress with the College of Policing, in particular, towards rolling out better leadership training in order to create a good cohort of leaders in policing for the future.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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Nearly 25 years after the Macpherson report, it is damning that the Casey review has found that the Met remains institutionally racist, and is now misogynistic and homophobic as well. Its actions can seriously undermine policing by consent, and without wholesale reform it will be impossible to rebuild trust and confidence in our communities in London. My constituents in Battersea deserve a force they can trust, so will the Home Secretary end the postcode lottery that exists in place of standards by implementing national standards in relation to vetting, misconduct and training?

Suella Braverman Portrait Suella Braverman
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We are already working with the College of Policing to ensure that there is a statutory code setting out the standards for vetting and recruitment. However, as Baroness Casey makes clear, it is vital that the law-abiding public never face a threat from the police themselves. Those who are not fit to wear the badge should be rooted out, but they should never enter the force in the first place.

Oral Answers to Questions

Marsha De Cordova Excerpts
Monday 20th March 2023

(1 year, 1 month ago)

Commons Chamber
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The Secretary of State was asked—
Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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1. What assessment she has made of the potential impact of the Illegal Migration Bill on the wellbeing of people claiming asylum.

Suella Braverman Portrait The Secretary of State for the Home Department (Suella Braverman)
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We must stop the misuse of our asylum system so that we can focus our resources upon those who really need our help, not those who can afford to pay people smugglers to transport them from safe countries.

Marsha De Cordova Portrait Marsha De Cordova
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The Illegal Migration Bill is yet another example of the Tories scapegoating asylum seekers to distract from their incompetence. It will not be compatible with our legal obligations under the Equality and Human Rights Commission and it will leave asylum seekers, such as those from Iran, in limbo so that they will be deemed permanently inadmissible to our asylum system. We need more safe and legal routes now, not after the boat crossings have stopped, as we know that the Bill will never achieve that. Why will the Home Secretary not seek to provide safe and legal routes for everybody now?

Suella Braverman Portrait Suella Braverman
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We always place a high priority on the wellbeing of asylum seekers, which is why we are also committing to rolling out safe and legal routes as part of our plan.

While I have the attention of the hon. Lady, may I take this chance to invite her to apologise to the nation? She campaigned in 2020 to stop the Government from deporting a serious foreign criminal. Thanks to her efforts, together with those of 70 Labour MPs, the Government were subsequently stopped from removing Ernesto Elliott, who went on to murder in the UK. Mr Speaker, will—

Oral Answers to Questions

Marsha De Cordova Excerpts
Monday 19th December 2022

(1 year, 4 months ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick
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My hon. Friend and I have worked together with respect to some accommodation in her constituency. We have now implemented far better engagement criteria with the Home Office, which will ensure that there should always be engagement with the Member of Parliament and the local authority in advance of placing asylum seekers in a particular place. But it is important to stress once again the immense pressure that our system is now under as a result of the number of people crossing the channel illegally, hence our need to take bold measures such as our Rwanda partnership.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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My constituent’s wife is still stuck in Afghanistan with their two children, who are British citizens, and they cannot travel to safe routes for obvious security reasons. I have made untold representations to the Home Office about this. Will the Minister agree to look into this case on my behalf if I get the details to him today?

Robert Jenrick Portrait Robert Jenrick
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Yes, I would be happy to.

Oral Answers to Questions

Marsha De Cordova Excerpts
Monday 14th November 2022

(1 year, 5 months ago)

Commons Chamber
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Suella Braverman Portrait Suella Braverman
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I do not believe that this is throwing good money after bad because, as I said, this year alone we have seen 30,000 successful interventions by the French to stop attempts to leave France and come here illegally. That is a very impressive record but is not enough, because it is not fixing the problem. Increasing the number of gendarmes as agreed under the deal, the embedded observers, and joint working at a real level on the ground between the UK and the French, will, I believe, take us forward in combating the scourge.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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There is a huge problem with the over-policing of black children due to adultification, which is where minors are treated as adults. Some 799 children aged between 10 and 17 were strip-searched by the Met between 2019 and 2021 without any being arrested. We need an urgent independent investigation into the over-policing of black children. Will the Minister commit to one?

Sarah Dines Portrait Miss Dines
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I know this issue is dear to the hon. Member’s heart. The police must use their powers carefully to target the right sort of offenders. It is of concern that that can sometimes appear to be disproportionate. Nobody should be stopped and searched because of their age, race or ethnicity. There are codes of conduct in the Police and Criminal Evidence Act 1984 and there is the use of body-worn video data. About 40% of stop-and-searches that take place in London are of young men—

Asylum Seekers Accommodation and Safeguarding

Marsha De Cordova Excerpts
Monday 7th November 2022

(1 year, 5 months ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick
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Having worked with my hon. Friend on a range of issues, I know how deeply and thoughtfully he addresses the issues in Blackpool. I appreciate that Blackpool is one of the areas that has borne a disproportionate burden from this issue for a long time, so if there is a way to ensure that individuals are dispersed from Blackpool more swiftly than from other parts of the country, I am happy to look into that. As I said, my objective is that we exit the hotels and get people into more sustainable accommodation. That requires, in part, other local authorities to step up and play a greater role in accommodating people rather than relying time and again on our largest cities, Kent and a small number of other local authorities, such as Blackpool.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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The unsafe conditions and overcrowding at Manston have been totally unacceptable, but the serious allegations of assault on our children are beyond unacceptable. We also learned last week that people seeking asylum were dropped off in Victoria, London. We know that the Home Secretary is out of her depth and failing on this, but will the Minister say how many children were left unaccompanied last week? More importantly, given the scale of the crisis, is it not time that we had an independent investigation that can look into this serious issue and robustly report back on the ongoing challenges that face the Home Office?

Robert Jenrick Portrait Robert Jenrick
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As far as I am aware, the small group of individuals who were left at Victoria station were all adults. There were no children, but I will happily stand corrected and write to the hon. Lady if I am mistaken. Unaccompanied children are coming to the country and we are doing everything that we can to support them. Again, I take issue with what has been said, because the accommodation, medical care and support that we are providing to these individuals is decent, humane and far surpasses that provided by comparable European countries. We have to ensure that deterrence is suffused through our system or we will only encourage more people to make the perilous journey across to the UK and continue to make the UK a magnet for illegal immigration. That is not what we Government Members would want to see.

Windrush Review

Marsha De Cordova Excerpts
Wednesday 29th June 2022

(1 year, 10 months ago)

Westminster Hall
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Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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I congratulate my hon. Friend the Member for Edmonton (Kate Osamor) on securing this important and timely debate. Just last week, we celebrated Windrush Day: it is 74 years since the Empire Windrush arrived at Tilbury docks. I had the wonderful opportunity of celebrating with my constituents, including many of those from the Windrush generation, at the Balham & Tooting Sports & Social Club.

The Windrush generation—including my grandparents, who travelled from Jamaica—were invited here to help to rebuild this country after the second world war and to work in the newly formed national health service. The Windrush generation were British citizens when they arrived here. Their contributions to rebuilding our country and its infrastructure have been invaluable. That is why the treatment they have received from successive Governments—not least in respect of the Windrush scandal—is such a stain on this country. We are here to discuss that scandal because, as a result of it, Wendy Williams conducted her lessons learned review and the update that has followed. The Windrush generation have been and continue to be treated in a way that does not compare with the many sacrifices they made to help to rebuild our country. Unfortunately, with this scandal, the racism and discrimination they experienced when they arrived here remains today.

Over the past 12 years, we have seen the hostile environment, with policies introduced as part of the Immigration Act 2014 and the Immigration Act 2016, many of which meant that people could access support and public services only if they were able to prove their status. Subsequently, thousands of people from the Windrush generation were denied access to public services, stretching from housing, with many people ending up homeless, to access to social security, with many ending up in destitution. Sadly, for those who were unable to prove their status, those policies led to devastating consequences. Many people who had spent their whole lives in this country—working, paying their taxes and making a valuable contribution—but who were unable to prove their status ended up homeless. Many were deported to countries they had not been back to for 10, 20, 30 or 40 years. In some cases, as we have heard, people died as a result of this scandal.

It is vital to recognise the role that institutional and structural racism has played in this scandal. I believe that it happened only because many of these people were black and brown and because of the countries they had come from. No one can deny or dismiss that fact; it is proven.

The Government chose not to recognise this scandal until it became unavoidable. It did not just happen overnight; the Government were warned about it many years ago. It took campaigning, pressure from the victims of the scandal and from MPs, including my right hon. Friends the Members for Tottenham (Mr Lammy) and for Edmonton—

Kate Osamor Portrait Kate Osamor
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I am not right hon. yet!

Marsha De Cordova Portrait Marsha De Cordova
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She is soon to be right hon. [Laughter.]

It took many activists campaigning for justice. I first came to this place in 2017, and within a year, the scandal did really hit. I had to stand up in the Chamber and make so many representations for my constituents who were caught up in this scandal and genuinely could not believe what was happening.

Despite the impact of those cruel and inhumane policies, I do not think the Government have really learned the lessons of the scandal, because if they had, they would not have passed the inhumane Nationality and Borders Act 2022. What have they actually learned? If they had learned the lessons of Windrush, we would not have seen so many people waiting for compensation from the scheme. We know that many, many people have not received compensation and that when people do, it is so small that it really does not amount to much or compensate them for what they have endured. We also know that many people have lost their life before even receiving compensation.

Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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Does my hon. Friend agree that one of the worst things about the Windrush scandal was that this was a very proud generation, and a generation who thought they were British? They had travelled here on passports that were from the United Kingdom and the colonies. We are here today talking about cash and compensation, but actually it is the emotional impact on that generation that is the worst thing of all.

Marsha De Cordova Portrait Marsha De Cordova
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I thank my right hon. Friend for that intervention, and I could not have said it any better; she absolutely hits the nail on the head. They were British citizens when they came to this country. In fact, they call it the mother country—that is what my grandparents called Britain. That is how they saw it and they were British citizens, so then to be treated in such a way—it really was not right.

I strongly believe that the whole compensation scheme should be moved outside the Home Office. It should be an independent, fair, compassionate and accessible scheme that does not have the Home Office’s hands over it. Wendy Williams’s progress report highlights that many of her 30 recommendations have not been met, so my question to the Minister is: why? I am really concerned that the recommendation to have a full review of the hostile environment policy—it has now been called the “compliant environment”, but we all know that it is still hostile—has not been achieved.

Wendy Williams also called on the Home Secretary to commission officials to undertake a full review, designed in partnership with external experts, and evaluation of the hostile policy measures, individually and cumulatively. I do not believe that any work has been progressed on that.

Given the significant role that the hostile environment policy played in causing the Windrush scandal, I would have expected the Home Office to prioritise completing a full review in the last 18 months. I would therefore like the Minister, when he responds, to explain why the Home Office has not yet completed a full review in partnership with those external experts. When does it intend to do that?

Wendy Williams stated in her progress report that

“the results of the review of the…policies remain an essential element in the department’s efforts to demonstrate it is learning”.

However, legislation has been produced that shows that the Department really has not done so. For me, and I am sure for all of my colleagues, this process really is about righting these wrongs and bringing justice for those people caught up in the scandal, but it is also about ensuring that it can never happen again.

I come back to this question: have the Government learned? I ask that because they then introduced the Rwanda policy. I am genuinely baffled as to when this Government and the Home Office will finally begin to learn that their policies have consequences and that if they did some simple things, such as carrying out impact assessments, then just maybe that would highlight some of the problems with their policies, which are being implemented with hostility and have a hostile impact on our communities.

Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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As I said in my earlier intervention, my parents were of the Windrush generation. They came here in the 1950s and I remember how proud they were and how they believed that they were citizens of the United Kingdom. The whole Windrush scandal has been so painful and humiliating for them, and what has made the pain and humiliation worse is the very slow progress in handing out compensation. Only one in four of the applicants have got their compensation. One has to wonder whether the Home Office is not waiting for some of them to die, to rid itself of the obligation to pay compensation.

As the Minister will be aware, the Home Affairs Committee visited Sheffield, where the casework for the compensation scheme is done. He will also be aware that the Committee produced a report on the issue, in which we made a number of specific recommendations. One of the most important recommendations is that the whole Windrush compensation operation should be handed to an independent organisation, because one of the startling facts is that the number of people who have applied for compensation is much lower than was expected.

Those people do not want to go to the Home Office for anything—think about it and put yourself in their shoes—whereas if an independent organisation was responsible for the scheme, I believe that many more of the people who are entitled to compensation would come forward. I believe that an independent organisation would be speedier and more effective in processing the claims. The Home Office has rejected the suggestion out of hand, but I am bringing it forward once again. The delays, the incoherence and the unwillingness of possible claimants to come forward all point to the need to move this work to an independent organisation.

Another Home Affairs Committee recommendation that the Home Office rejected was to reimburse claimants for their legal costs. When we put that to the Home Office, it said, “It has all been devised so that people don’t need a lawyer,” but we need to tell that to the claimants. We have to remember that the Windrush generation are not necessarily used to doing things online. Many of them find that they have to use lawyers, some of whom are charging extortionate costs and might get a third of the compensation, if not half. It cannot be fair to offer compensation yet allow victims to be gouged by lawyers. The Committee has said that the Government should reimburse claimants for their legal costs. The other issue we have raised is how opaque some of the criteria are for the amount of compensation that claimants get, and we want to see more clarity on that.

The Home Affairs Committee went to Sheffield to see the unit that is dealing with this issue. They were very nice people, but one of the things that concerned us was what they told us about the backlog. The Home Office has tens of thousands of claimants in a queue, and they have not yet been allocated to caseworkers—the Minister is looking startled, so he needs to go to Sheffield and ask them for himself. There are tens of thousands of cases that have not been allocated to caseworkers, and nobody in Sheffield could tell me when they will be allocated. They are dealing with more recent cases, but they have a big queue. The caseworkers were very nice—we met them, their managers and all those people—but not one of them was from the same background as the majority of claimants.

Marsha De Cordova Portrait Marsha De Cordova
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My right hon. Friend is making an excellent speech, and I thank her for it. This really harks back to the issue of representation and leadership. The compensation scheme needs people who are compassionate and who can empathise, so does she agree that it is vital that those administering the scheme should reflect those who have been affected by it?

Diane Abbott Portrait Ms Abbott
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I agree with my colleague. It is very regrettable that none of the caseworkers, managers and advisers reflects the diversity of the claimants to the Windrush compensation scheme. It seems to me that if the Home Office were serious about running the scheme efficiently, it would have made more effort to ensure that the officials dealing with the scheme reflected the communities from which most of the claimants come.

We cannot overstate the sadness and disappointment of claimants who find themselves caught up in the labyrinth and waiting, sometimes for years, to understand what has happened to their claim. It is all very well and desirable that we had a Windrush monument unveiled last week, but nobody will take this Government’s concern about Windrush seriously until they make the compensation scheme much speedier, much more efficient and much more likely to reach the claimants before some of them pass away.

--- Later in debate ---
Kevin Foster Portrait Kevin Foster
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I am not sure where the shadow Minister gets his figures from. He said that 960 claims have been made, but the actual figure is 3,878, and more than 1,800 had been made by 1 January 2021.

On the engagement figures, we continue to encourage people to apply to the compensation scheme. I have visited some of the community fund groups in Birmingham, Cardiff, Edinburgh, Nottingham and London. It was evident during those visits that innovation and collaboration are helping to support local communities and raise awareness of the Windrush schemes. We have also written to 6,200 individuals to encourage them to consider applying. In January, we launched the second phase of our national communications campaign, which featured new content to address misconceptions that could prevent people from applying to the scheme. It included campaign videos that have been played across community TV stations.

Marsha De Cordova Portrait Marsha De Cordova
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I want to take the Minister back to the work that the Home Office is doing to deliver the scheme. My right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) and I talked about the representation issues surrounding those actually delivering the scheme. I wondered whether the Minister heard that and wants to respond to the point about having people deliver the scheme who are more empathetic and representative of the groups they are seeking to compensate.

Kevin Foster Portrait Kevin Foster
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As Members are aware, we are recruiting additional people into the compensation scheme team, so we are increasing the number of staff working on it. To be clear, despite recent pressures, the area we never took people from was Windrush work, because we thought it was appropriate that that was seen as a priority. It is important that our caseworkers can empathise with people’s situations, which is why we have programmes of engagement. We want them to work proactively with the community groups, hear their experiences, and listen and understand where people are coming from. I understand that this is about not just immigration status, but people’s very strong identity; they felt—this was eloquently put earlier—that they were British. We recognise that it is important to ensure that that experience is there for all caseworkers.

I want to address the idea that there are tens of thousands of applications outstanding. The number of applications received so far is just under 4,000, which would make that rather difficult numerically. There are not cases that are “unallocated”; we understand that that point arose from a misunderstanding. All cases are being worked on and pursued, and in some cases we are waiting for responses or, for example, for probate to be resolved so that we can take things further. I will be writing to the Chair of the Home Affairs Committee shortly to confirm that.

Kevin Foster Portrait Kevin Foster
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We had a letter from the Chair of the Home Affairs Committee following the visit. We will shortly be replying, and I will be happy to reply in further detail to those points when I receive them.

One of the points that has been focused on is whether the Windrush compensation scheme should be transferred to an independent organisation. I understand why that might sound appealing, but it would risk delaying payments to people even further, and many cases would have to come back to Home Office records and other parts of the Home Office, which would mean that we would still be heavily involved. I do not believe for one minute that anyone is suggesting that we should contract this out—that might have been partly suggested—to a private sector operator. It is right that we have a team who operate separately and independently from other areas of the Home Office and are able to take matters forward with clear delineation. Certain information supplied to the Windrush team is not available to wider Home Office operations. The focus needs to be on paying compensation and moving the scheme forward, rather than on who is actually administering it.

Marsha De Cordova Portrait Marsha De Cordova
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Will the Minister give way?

Kevin Foster Portrait Kevin Foster
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I will give way one last time; I am conscious that I need to allow time for the hon. Member for Edmonton to wind up.

Marsha De Cordova Portrait Marsha De Cordova
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I will try to make my point succinctly. No one is asking for any scheme to be contracted out to a private company. The point is about the scheme being independent from the Home Office. The Home Office administers the policy, so how can the people who have to do the marketing videos and everything else be the ones administering it? People are still reluctant and fearful due to the hostile environment. It is about the scheme being independent, but it could be an independent charitable organisation, not a private company.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

I hear the hon. Member’s point; we all agree that a private company would not be the right option. Setting up a different organisation would clearly take time. Again, it would be reliant on the vast majority of records and processes coming from the Home Office. However, we recognise that people will not necessarily want to approach the Home Office in the first instance, which is why we work with community groups, and are having some helpful and productive conversations with some of the high commissions in London about whether they could host events, particularly now that we have returned to having drop-in events. We all know why, over the past two years, the ability to hold drop-in events has been far more limited than we would have liked, but our focus is on getting on and making the compensation payments.

One point that was picked up was on the migrants commissioner. I recognise that Wendy Williams mentioned her disappointment on that matter. I reassure colleagues that a substantial amount of work has been done on options to deliver this recommendation. We are working with external stakeholders and have set up a sub-group of the Windrush cross-Government working group to advise on the function of a migrants commissioner. The sub-group has submitted its recommendations on what the functions should look like, including the scope of the role and the best model for delivering it, and we are now considering those views. To be clear, the suggestion is that it may not necessarily be an individual but could be a group that fulfils that role. Certainly, we are keen to take it forward, but in a way that builds confidence.

I want to thank the hon. Member for Edmonton for securing the debate and all hon. Members who have contributed. As I have set out, we have taken some important strides forward in responding to the Wendy Williams report, but we recognise there is still a lot of work to do in the Home Office—work that is always enhanced by constructive challenge, such as that which we have received from hon. and right hon. Members today. The failings of the past were unacceptable, and I know there is a real determination across the Home Office to learn the lessons of Windrush.

There is a strong focus across the Department on delivering the improvements set out in the Wendy Williams review and, as colleagues and the public would expect, the implementation of her recommendations is closely monitored. Concerted action is taking place to drive cultural change and make a Home Office that is fit for the future—a Department that is open and outward working, that views people as faces not cases and as individuals not numbers, and that is committed to making fair and just decisions and ensuring that we treat people as they have the right to be treated. The injustices of the Windrush scandal should never have happened. That is why we are wholeheartedly committed to doing all we can to right those wrongs.

Rights of Children (Police Custody)

Marsha De Cordova Excerpts
Tuesday 28th June 2022

(1 year, 10 months ago)

Westminster Hall
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Janet Daby Portrait Janet Daby (Lewisham East) (Lab)
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I beg to move,

That this House has considered the rights of children while in police custody.

It is a pleasure to see you in the Chair, Mr Hollobone. In March, I led an Adjournment debate following the incredibly concerning case of a constituent who was held in a cell for nine hours before an appropriate adult was called. Unbeknown to his family, he had been missing; he had not arrived at school, and they were unaware of his whereabouts. From that case and many others of a similar nature, it is clear that the law is simply not working for children in police custody. There is room for further debates on the general policing of minors and children, but today’s debate is focused on the rights of children while in police custody.

I am sure the Minister knows that various legislative protections are in place to ensure that children are detained as a last resort, and for the shortest possible time. The failing is that this is clearly not happening, because the policies are being ignored. Some 50,000 children are held and locked up in police custody every year. Children are detained in cells in police stations that have primarily been built for adults. On average, children are detained for over 13 hours, with 21,369 detained overnight in 2019. The decision to detain children is approved 99% of the time, and it is time the whole process was reviewed.

According to the Police and Criminal Evidence Act 1984, the role of the appropriate adult is to safeguard the interests, rights, entitlements and welfare of children and vulnerable people who are suspected of a criminal offence by ensuring that they are treated in a fair and just manner and can participate effectively. The Act derived from public concern over the Maxwell Confait murder case in my constituency in 1972, which led Parliament to pass the Police and Criminal Evidence Act, known as PACE. This year is the 50th anniversary of the Confait case, which involved a tragic murder and the wrongful arrest, charging and sentencing of minors, which was later overturned.

PACE tackled a number of areas of growing public concern, including the treatment of suspects in police stations and cells, the length of detention without being charged, the conduct of interviewers and access to lawyers. In cases where the suspect is a child or vulnerable person, PACE requires the presence of an appropriate adults, also known as AA.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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I thank my hon. Friend not only for securing the debate, but for the really important speech she is giving. On the role of the appropriate adult and how it has evolved over the 50-year period, does she agree that there need to be more checks and balances on how appropriate adult schemes are used in our police stations, and that there needs to be greater monitoring and robust scrutiny of those roles to ensure that any child in custody has an appropriate adult within a reasonable timeframe? We do not mean within three hours but within a couple of hours at most.

Janet Daby Portrait Janet Daby
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My hon. Friend has captured the essence of my speech. She is entirely right that assurances need to be put in place to make sure that children have an appropriate adult to help, guide and support them throughout the whole process. I will cover this issue in some detail later in my speech.

The principal intention of the appropriate adult safeguard was to reduce the risk of a miscarriage of justice as a result of evidence being obtained from vulnerable suspects, which by virtue of their vulnerability led to unsafe and unjust convictions. Some 50 years later, children in custody are being failed because of the length of time they are spending in detention without being charged and because appropriate adults are not being contacted quickly enough. Child suspects are almost invisible to policymakers and politicians.

Janet Daby Portrait Janet Daby
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I thank my hon. Friend for that really important intervention. It is very distressing to hear about the abuse of power by professionals in a trusted position. It is even more distressing to hear that certain incidents happen to young people and children. They could be our relatives—our children, our nephews, our nieces. It is upsetting, and we need to get to the bottom of it. My hon. Friend mentioned the investigations that are rightly taking place, but the Government need to do more to hold public servants to account and ensure they are operating in the manner in which they should.

In the recent Adjournment debate I led on harm to adults, the Minister said:

“It is right and proper that children are acknowledged as a protected group with specific needs.”—[Official Report, 14 March 2022; Vol. 710, c. 737.]

In response to a question I asked last week, the Minister for Crime and Policing confirmed the Government’s commitment to driving down the number of minors held in custody and the duration for which they are held. Although the Government recognise the significance of the role of the appropriate adult, they need to do far more, and I hope I will get a more satisfying response this afternoon.

There is consensus that work needs to be done with minors in custody, but tragically I fear there is a danger that the Home Office will continue to miss my point. The law is not functioning as it should. We are not living up to the UN convention that we ratified. The legislative status quo fails to adequately safeguard children, and something needs to change. Children are left waiting an average of six hours before the arrival of an appropriate adult, and are sometimes held overnight. I remind Members of my constituent, who spent nine hours waiting for an appropriate adult.

Marsha De Cordova Portrait Marsha De Cordova
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Outrageous!

Janet Daby Portrait Janet Daby
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It is indeed outrageous. Despite the rules requiring the police to secure the attendance of an appropriate adult as soon as possible, I am told that in some cases appropriate adults are asked to attend only when the police are ready to interview. That severely hinders the appropriate adult’s ability to enact their role of providing oversight and welfare throughout the whole process of detainment. A Children’s Commissioner report found that, in cases where the parent is unable to fulfil the appropriate adult role, there was an average of a seven to eight-hour delay before the police requested an appropriate adult from a local scheme. Again, children are being failed. If a child aged between 10 and 17 years old is left alone in a police cell for extended periods of time, one can only imagine what they are thinking and how they are feeling. If it were our own child or a child from our constituency, we would be deeply concerned. The Government should be deeply concerned about all children across our nation.

I have spoken to a constituent who told me that, as a child, they accepted a guilty plea even though they were innocent. They did that because they wanted to avoid having to stay any longer in a police cell. They will not be the first person to do that, and the Government need to re-address that injustice—that wrong—quickly.

A recent trial in the Metropolitan police has demonstrated that such delays are not inevitable. A trial took place, using the acronym CHILD, to focus on the importance of contacting the appropriate adult at the point of booking in, whether that was the parent or an individual in a local scheme. In that trial, average detention times for children reduced by 10 hours—sorry, not 10, although I would like it to be; they reduced by seven hours, which demonstrates that safeguarding the interests, rights and welfare of the child is achievable. I hope that the Minister will join me in praising the Met’s initiative and work, and that the Government will roll out that successful pilot to all Met stations and all regions of our nation. Is there a plan to do that?

Many elements are built into the youth justice system that differentiate it from the broader criminal justice system. In the youth court, the judge and the probation officers are youth specialists—in my previous life, I was trained as a youth probation officer, so I have some knowledge of that. All the language is adjusted to remain appropriate to the age of the child. Broadly speaking, the youth criminal justice system seeks to avoid punitive measures and tries to put the child first. As we have heard, that is not the case in police custody.

According to academics Dr Vicky Kemp and Dr Miranda Bevan, specialists in this area, child suspects who are not convicted and who are uncharged experience disproportionately harsh treatment. The rules say that children are to be detained for the “shortest appropriate period”, but children are often detained as long as adults. Children are not adults, so why are they treated like adults? Data shows that the average stay is increasing.

In 2019, following a freedom of information request, it was uncovered that a 10-year-old child spent a staggering 23 hours in a police cell. That beggars belief—it is actually hard to take in, but it is true. In one particular police force, the average detention period was 18 hours—not for one child, but on the 1,293 occasions on which a child was detained overnight in police custody.

Long detention times deeply traumatise children and scar them for life. They are deprived of liberty, trapped in incredibly intimidating conditions and often deliberately kept in the dark. After an overnight stay, one 12-year-old said:

“I didn’t know they could do that to you...it was awful and I wasn’t sure I was going to be okay”.

Marsha De Cordova Portrait Marsha De Cordova
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My hon. Friend is making an incredibly powerful point. Does she agree that those moments in which that poor child, or any child, is detained in custody will have a long-term and sustained impact on their mental health and wellbeing, their confidence levels and their ability—because they are children—to understand what has actually happened to them? It is a form of abuse.

Janet Daby Portrait Janet Daby
- Hansard - - - Excerpts

I agree with my hon. Friend that, in such instances, it is abuse. It is harmful for children to be in such situations. The very service that is there to protect them is also doing them incredible harm. The Government have to take that on board and to accept their responsibility and the role they need to play. The welfare of the child is “paramount”—it says that in the Children Act 1989. If the welfare of the child is paramount, their welfare needs to be paramount on all occasions and in all situations. The very services that are there to protect and support them need not only to carry out justice—absolutely—but to consider the welfare of the child.

I am sure we want more for our children—I am hearing that already—but we must not keep them in a state of despair. That is simply wrong. As I said, the Government can change that. Even with children who end up being convicted, we cannot bury our heads in the sand and carry on with a system that is devoid of compassion.

Cutting the detention clock for a child in custody would mean that the appropriate adult is likely to be called out quicker and is more able to stay for the duration of the detention. It would also lead to a decrease in the frequency of overnight stays. That would be better for the public purse economically, but also for the physical and mental wellbeing of the child.

For the police, it would improve relations with key communities in the area, reduce reoffending rates and ensure that all their collected evidence was reliable. It would prevent the collection of evidence from being hampered by the lack of sleep or the worry and stress stemming from 13 or so hours in solitary confinement. To be clear, calling for a reduction in the child detention clock would not hinder the police’s ability to fight crime. The police currently have the power to request an extension from the superintendent if the case is complex. That power would be retained even if a lower detention cap was implemented.

During the previous Adjournment debate, the Minister failed to respond to my call to cut the stay limit from 24 hours. Will she hear me now and respond to that call? There is evidence calling for a stay limited to 12 hours instead of 24.

I will mention two other things before I finish. First, there must be far higher reporting and monitoring of the use of strip searches in police custody. I commend my hon. Friend the Member for Battersea (Marsha De Cordova) for her recent parliamentary question. The current rate of strip searches is woeful. They are degrading and humiliating and, as we have seen, they completely traumatise children. Will the Minister commit to increasing transparency and accountability on this issue and exploring technological alternatives that are less intrusive, less emotionally harmful and less damaging to the child?

Secondly, a decade of legal aid cuts has meant that firms cannot afford to send down more than minimally trained representatives to police stations, and then only for the shortest possible period. Lawyers therefore often arrive just before the interview, when the child is too exhausted to engage—if the child gets a lawyer at all. Currently, children have to opt in for legal advice, and too many children forgo their right to legal representation; they are burnt out, emotionally exhausted and probably do not fully understand, and they falsely believe it will make the process go faster. The fallout from this kind of misunderstanding can be avoided if we instead implement an opt-out system.

There is also a danger that post-pandemic remote legal advice will begin to spread. Research from Transform Justice shows that remote legal advice increases the stress and anxiety of children and impedes the communication between lawyer and child. To ensure high-quality advice that serves the needs of the child, it is vital that the Minister continues to champion in-person legal advice, moves towards an opt-out system and bolsters legal aid.

As I draw to a close, I ask the Government to maintain public safety and to protect children throughout the youth criminal justice system. I call on the Minister to review the detention clock for children, to roll out the Met’s new approach to appropriate adults across the Met and the police nationwide, which will allow us to begin finally to have a child-first approach to police custody suites, and to implement opt-out legal representation system for children. I ask again whether the Minister will commit to increasing transparency and accountability for strip searches and exploring technological alternatives that are less intrusive and harmful to minors. As a country, we should see the welfare of the child as paramount in all instances and across all services at all times.

--- Later in debate ---
Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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I begin by congratulating my hon. Friend the Member for Lewisham East (Janet Daby) on securing this important and timely debate. I thank the many organisations that have worked really hard to raise awareness of the issue, including the Howard League for Penal Reform, Just for Kids Law and many experts.

My hon. Friend the Member for Lewisham East highlighted that she had an Adjournment debate on the subject recently, and I went back to it for reference. I thank her for sharing her constituents’ experiences, and I thank her constituents for their bravery in sharing those horrific experiences. I recently had a similar case in my own constituency, where a young child in their school uniform was kept in police custody for just under 24 hours—it was 23 hours and some odd minutes. That child was found to have suffered some serious failings in relation to their safeguarding while in custody. Worse still, the child was not charged with anything; they went through that horrific experience and there was no charge.

I recognise that custody is a core element of our policing. It is crucial to ensuring justice and to keeping the public safe. However, it must be balanced with the safeguarding of children, as the safety and welfare of children is paramount. Public bodies have a responsibility to protect minors. The Children Act 2004 places a statutory duty on the police in relation to children. Article 37 of the United Nations convention on the rights of the child makes it clear that children should be detained only as a last resort, and for the shortest appropriate period possible, as we have heard from my hon. Friends the Members for Lewisham East and for Erith and Thamesmead (Abena Oppong-Asare).

It was therefore deeply worrying to read the Just for Kids Law report, which found through a freedom of information request that 21,369 children were detained overnight in police custody, either pre or post charge, in 2019. That statistic should worry us all. Those children have potentially been scarred for life. That statistic is still a significant underestimate, because it only includes the responses of 34 police forces, which tells us the number could be higher. Black children are disproportionately detained in police custody overnight, according to the responses from 31 of those 34 police forces. As an MP representing a London constituency, I am particularly concerned that more than 44% of children detained overnight in police custody in 2019 were black children.

It is not right that there is such a huge racial disparity, and it points to the institutional and structural racism in the policing of our black children. The Government can no longer deny or dismiss that, because the data and the evidence are quite clear. For a child, spending a night in police custody is an extremely traumatic and frightening experience. Spending a long time in such an environment has serious consequences for a child’s mental health and wellbeing. My hon. Friend the Member for Lewisham East has already spoken about that, and that is why she is right when she says that reform is desperately needed.

It is quite clear that legislation written 50 years ago—be that PACE or other pieces of legislation—is outdated. We need to look at reforming the current system. That is why I agree with the recommendations in the Just for Kids Law report. We need a reduced time limit on how long children can be detained in police custody, because the current 24-hour limit is the same for adults and children. That cannot be right, because we know that children and adults are not the same, so it must be reduced to 12 hours or less.

The issue about appropriate adults is key, because we have already heard that children have to wait for hours in police custody without an appropriate adult. That system has to be overhauled. If it is about safeguarding the child, I am not sure what can be done if we cannot overhaul that aspect of the process.

I cannot stress enough the importance of data. Data and evidence are crucial to this process, because they really help to illustrate and paint a picture of the crisis in our policing of children. We also need a review of the collation of data so that we know what is being collated, and we need consistency across the country over what is collated.

Publication of this data will be important, because it helps with scrutiny and it helps to give robust oversight of what is actually going on. That is why publication should be mandatory. No police force in this country should decide on a voluntary basis to record data. I am not sure how that can be acceptable. Just for Kids Law was unable to access all the data in relation to its freedom of information request; it only got data from 34 police forces, when 43 could have responded.

I recently asked an oral question at Home Office questions—I think it was just over a week ago. I am calling for mandatory recording and publication of the data on children who are strip-searched. Everybody was horrified at the case of child Q, but we know now that that was not an isolated incident and that many children—including young girls, whether they are on their menstruation cycle or not—are being strip-searched. These are people’s children, and we all have a responsibility and a duty to protect them. Will the Minister commit to looking into the mandatory publication of data in relation to police interactions with young people? As I have highlighted, at the moment the police are required to record and publish such data only if an arrest has been made. However, as was the case with child Q, who was not arrested—

Philip Hollobone Portrait Mr Philip Hollobone (in the Chair)
- Hansard - - - Excerpts

Order. I said right at the start of the debate that no reference should be made to any cases where there are ongoing legal proceedings. [Interruption.] The hon. Lady made a glancing reference, which is fine, but she should not repeat the reference to child Q any further in the debate.

Marsha De Cordova Portrait Marsha De Cordova
- Hansard - -

I apologise for that, Mr Hollobone, and I will not refer to that case in the rest of my speech.

Finally, I believe we need a review into the policing of black children. They are being over-policed and treated with less care and protection. That perception of maturity —a term that is used is the adultification of our young black children—is another form of racism.

I have seen many examples of that when I have seen young children being detained by multiple officers, and the police say afterwards, “Based on the evidence before us, nothing is wrong here.” If that is the case, something is wrong with the way our young children are being treated. I really hope that when the Minister responds to the debate, she will refer to that. The disparity in the treatment of black children across policing is bound to lead to a breakdown in community relations, and a lack of trust and confidence in the police force. All I try to do, as an elected representative, is to help the police to build trust and confidence in our communities.

I do not believe that the solution can simply be boosting diversity in recruitment; although diversity is important, there are other elements to consider. The solution is not just about providing cultural changes, either. We need an urgent root-and-branch review that investigates the policing of our black children and sets out clear recommendations about how the police can reduce disproportionality and build and restore trust.

I hope that when the Minister responds to the debate, she will agree with me that we need a review, and if she does not agree, that she will explain why, so that I can understand. No one can be against a proposal that will help to reduce the racial disparities facing our children. We all know that our children are our future. It is on us to create that fair, better future for them.

--- Later in debate ---
Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Hollobone. I am extremely grateful for the opportunity to respond to the hon. Member for Lewisham East (Janet Daby). I am especially grateful to her for the way she continues to bring issues relating to the rights and protection of children in police custody to the attention of this House.

All Members have spoken about the vital element of trust and confidence in policing, which I am absolutely sure we all share. I want to put on the record my thanks to our police officers in every force across the country. Although we all understand and recognise some of the incidents of substandard and unsatisfactory practice—alleged, because these are often ongoing cases—that have been highlighted by Members, who are obviously doing a good job in raising the interests of their constituents, as we would expect, it is right to say that the vast majority of police officers in our country do an extremely good job under very difficult circumstances. Ultimately, the work they have to do in those types of situations is very sensitive. They have to navigate and make that judgment while balancing the rights of the child and the rights of the victims of the alleged crime. We all share in the collective endeavour to ensure that the criminal justice system supports that.

We have moved on from March, when I set out the criteria for police custody. Police custody is an important element of our criminal justice system. Being able to question suspects in the controlled environment of the custody suite is instrumental to progressing criminal investigations and to bringing offenders to justice, protecting victims and keeping everybody safe. Forgive me, Mr Hollobone, as I forgot to thank the Members who contributed and made excellent speeches, particularly the hon. Members for Battersea (Marsha De Cordova) and for Leicester East (Claudia Webbe). I will pick up their points in the course of my speech.

Children should be detained in custody only when absolutely necessary and when there is no other practical alternative. They are rightly acknowledged—this Government agree and stand behind this—as a protected group with specific needs and vulnerabilities. For that reason, opportunities to divert them away from police custody should always be considered first as a priority.

I very much welcome the comments from the hon. Member for Halifax (Holly Lynch), who spoke about the excellent work done by the violence reduction units in her area. However, they are national schemes and I think House would be interested to know a little bit more about that work. I will not go into a huge amount of detail because time prevents me, but this is a truly groundbreaking, long-term project, and a Conservative Government initiative. My officials will correct me if I am wrong, but I think we have committed £500 million over a very long period to work out, as she said, which initiatives and practices actually work to divert young people away from crime and prevent them from getting involved in the first place. I think we can all agree that it is an incredibly compassionate approach.

We want to ensure that perpetrators are dealt with appropriately and that sentencing is tougher and meets the needs of the public, but we also want to look at the vulnerabilities of young people and understand why they are drawn into crime in the first place. That is why this detailed work is taking place across the country—and, as the hon. Lady highlighted, in her own area—working in a granular way with local agencies that know their communities and those children best. I strongly encourage any Member who is interested in youth justice, prevention of crime and a social justice approach to visit their violence reduction unit if they have one in their area, to learn more about that.

Turning back to the issue at hand, custody procedures and police decision making in custody are, quite rightly, subject to scrutiny and oversight. Her Majesty’s inspectorate of constabulary and fire and rescue services regularly inspects police custody suites, monitors the treatment and welfare of detainees in custody, and makes recommendations for police forces and partners. We expect forces to take those recommendations seriously and to take action to address issues in response.

In 2017, as Members have referenced, the Government changed the law so that children aged 17 were entitled to the specific safeguards intended for children under the Police and Criminal Evidence Act 1984. These include a legal requirement for an appropriate adult to be present for interviews and strip searches to ensure their rights are protected. Officers must consider a child’s age and welfare when deciding whether to arrest them.

Members raised a number of specific comments, concerns and complaints. Many of them fall under the category of cases that are currently going through legal proceedings, but it is fair to say that this Government and the public rightly expect the highest standards from our police officers. The ability of police to perform their core functions of tackling crime and keeping the public safe is dependent on their capacity to maintain the confidence of the public. That is why we take the reports of these incidents extremely seriously. We have the safeguarding structures and the scrutiny in place.

Several recent incidents have been referred to the IOPC, which is investigating or determining whether an independent investigation is required. That work is ongoing and I cannot say more at this point. It is an independent body and must be allowed to carry out its work free of political influence. The Government’s role, however, is to consider any recommendations for legislation or policy change carefully. I think I can say, without prejudicing anything, that, in the case of child Q, the IOPC has served four officers of the Metropolitan police with notices of gross misconduct. That means that they are being investigated for alleged misconduct that is such a serious breach of professional standards that it could warrant dismissal if proven.

I welcome the comments of Mayor of London Sadiq Khan. He released a statement following the publication of the child Q safeguarding report outlining his concerns about cultural issues within the Met police to which some Members have referred. It is the Mayor’s responsibility in his function as police and crime commissioner for London, supported by the deputy Mayor for policing and crime, to hold the Met police to account for delivering the necessary improvements.

I note that the Met has put a robust plan in place, in the light of the incidents, which includes adultification training for all officers in the central east command unit, which covers Hackney and Tower Hamlets, reviewing the policy on further searches of children to ensure that it recognises that the child in such circumstances might be a vulnerable victim of exploitation—a point made well by the hon. Member for Halifax—and introducing new measures, so that an inspector must now give authority before a search takes place to ensure appropriate oversight. Furthermore, a Merlin report has to be submitted to ensure that safeguarding of the child is a priority.

Often in these debates, the problems and concerns are outlined and the challenge to the Government is to do more. We all understand the delicate balance in this country between the operational independence of the police and the important role played by police and crime commissioners, elected by their communities, with their various important powers. We do not shy away from acting where we need to, but we will also shine a light on all those other important individuals who have a responsibility to deliver on some of these serious failings.

Marsha De Cordova Portrait Marsha De Cordova
- Hansard - -

The Minister rightly points out the independent role that the IOPC has to play, but the key point here is about children in custody, safeguarding and prevention. Frankly, we should all be striving for cases not needing to go there, because the incidents should not be happening in the first place. She talked about what the Met is doing, but this is a national issue. Does she agree that there needs to be a review of how the policing of black children is taking place?

Rachel Maclean Portrait Rachel Maclean
- Hansard - - - Excerpts

I will come on to the point that the hon. Lady made about black children, but I hope she heard my earlier comments about the importance that the Government place on prevention. That is the reason for the hundreds of millions of pounds we are spending over the long term on violence reduction units, to look at what actually works in this space to prevent young children from being drawn into knife crime, gang culture and a life of crime. [Interruption.] Sorry, did someone wish to intervene?

Rachel Maclean Portrait Rachel Maclean
- Hansard - - - Excerpts

I will move on in my speech and address those points.

Turning to the issue of children being detained in police cells, whether they are black or any other ethnicity, looking at the system as a whole, I am pleased to say that Her Majesty’s inspectorate of constabulary and fire and rescue services reports that its custody inspections show a decrease in the number of children held in custody in recent years. I think we can all agree that that is positive, although we must continue to keep that under review.

We take our responsibilities towards children in detention seriously. Those aged under 18 should not be treated in the same way as adults in the criminal justice system. They should not be placed in a cell or be allowed to associate with an adult detainee in any circumstances. We are clear that all new custody suites must be designed with the capability to allow separation of adult males, adult females and children.

Members have made reference to data in their speeches. I can tell the House that the Home Office will publish data on strip searches in custody for the first time this year as part of a wider custody collection, which will greatly increase transparency and accountability. We anticipate that this collection will ultimately become mandatory.

Marsha De Cordova Portrait Marsha De Cordova
- Hansard - -

Will the Minister give way on that point?

Rachel Maclean Portrait Rachel Maclean
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I will just finish my point, as I may well be answering the question. We are exploring with forces the feasibility of collecting more detailed data on thorough searches following stop and search to complement this. A number of datasets are part of this work. One such set could well be the time taken for appropriate adults to be present, as the hon. Member for Battersea referred to in her speech.

Marsha De Cordova Portrait Marsha De Cordova
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On the point about data collection and strip searches, as it stands, a strip search will take place where there has been an arrest, and that data is recorded. A strip search could also take place where there has not been an arrest, and that data is currently not mandatorily recorded. Could the Minister confirm that that is now going to be the case?

Rachel Maclean Portrait Rachel Maclean
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I will write to the hon. Member on that point. As I am sure she knows, the Minister who would normally be responding to this debate is the Minister for Crime and Policing, my right hon. Friend the Member for North West Hampshire (Kit Malthouse). He has the knowledge and policy expertise on all these matters, and I am sure he would be able to answer the hon. Lady were he not in the main Chamber. We will absolutely write to the hon. Lady to update her on those points.

The hon. Member for Battersea referred to levels of trust in police among ethnic minorities and young people in particular. She is right that recent incidents have raised some serious issues within the police, and it is right that the Government ask difficult questions to drive positive change. Our police are more diverse than ever before. Forces have worked hard to improve community engagement, and we have seen major improvements in the way the police deal with racist crime. However, we still know that there is much more to do. That is why attracting more officers from a wide range of ethnic and socioeconomic backgrounds is a core ambition of our drive to recruit an extra 20,000 officers.

As we set out in the “Inclusive Britain” report, the Government and policing partners will create a new national framework for how the use of police powers such as stop and search is scrutinised at a local level. We will also explore sharing body-worn video footage with scrutiny panels and removing unnecessary barriers to its use to increase community oversight. I welcome the Ministry of Justice’s support for a project with the National Police Chiefs’ Council to develop scrutiny panels on the use of strip search with the aim of addressing the difference in experience of ethnic minority children and adults in police custody. I am sure the hon. Lady can agree with and welcome this significant programme of work to tackle some of the concerns she has raised.

I would like to respond to a few more specific points. Before I do, I want to thank the hon. Member for Strangford (Jim Shannon) for his thoughtful contribution. He is right that we have no direct oversight of police forces in his constituency, but his suggestion that I meet with my counterpart in Northern Ireland is an extremely good one. He has form in filling up my diary, because the last time I responded to a debate he spoke in, I was a transport Minister and I had a really productive conversation with my counterpart in Northern Ireland, so I am happy to do that again.

Members have referred to the issue of the detention clock, the timing of it and the work done by Dr Miranda Bevan and Dr Vicky Kemp. The Home Office is fully aligned and engaged with this work. This is a complex issue, as I am sure Members will understand. We meet frequently with police, solicitors and wider stakeholders. Dr Kemp has addressed these meetings with updates on the findings, and we are committed to considering the final outcomes carefully. Of course, we will take Dr Kemp’s recommendations very seriously.

I was asked about legal advice and whether it should be an opt-in or opt-out pilot. We would all have the view that children should be prioritised for in-person legal advice. I know that colleagues in the MOJ are running a pilot scheme, which I understand is being trialled by the Metropolitan police. That is very important because of the significant representation of arrested ethnic minority children. That pilot is ongoing, and it will be important to look at how it progresses, take lessons from that and see what the implications are for national policing.

I think I have addressed all the key points raised by Members, Mr Hollobone, but obviously they are always free to write to me about any specific points of details. To finish, this is a really important and sensitive area. I thank Members for the way in which they have raised the concerns of their constituents and communities. We take the issue very seriously and we recognise that there is a lot of work to do in this space. I hope Members are reassured that we understand and prioritise the issue. We are funding the police to do their job. We look at policy areas where things are failing, but we also recognise that the police have an incredibly difficult to job to do. I again thank the hon. Member for Lewisham East for her consistent advocacy for vulnerable children.