Crime and Policing Bill Debate

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Department: Home Office
Gideon Amos Portrait Gideon Amos (Taunton and Wellington) (LD)
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I rise to speak mainly about Lords amendment 333 on illegal trading, but I share the concerns of my hon. Friend the Member for Cheltenham (Max Wilkinson) and the hon. Member for Middlesbrough and Thornaby East (Andy McDonald) about the illiberal nature of the crackdown on protests. I never thought I would be entering into a world in which old ladies sitting down in protest would in effect be proscribed as terrorists. We are moving into some kind of Kafkaesque world, and the provisions of this Bill worry me in the same way. However, as I wish to focus on illegal trading, that is what I will do.

I and the Liberal Democrats support Lords amendment 333, which would extend the length of closure notices. We campaigned during the general election for a return to proper community policing and to safer high streets and town centres, and ending the scourge of illegal trading must be part of that. Extending the period over which closure notices may be served by police inspectors or local authority chief executives under section 77 of the Anti-social Behaviour, Crime and Policing Act 2014 to seven days, as set out in Lords amendment 333, would be a move in the right direction. I therefore oppose the Government’s motion to strike out that amendment.

Thanks to local publicans in my Taunton constituency who came forward with vital information, I raised illegal trading in Taunton with Somerset council and the local police about a year ago. I would like to pay tribute to police officers like Andy, the trading standards officers and my Lib Dem Somerset councillor colleagues, such as Mike Rigby, overseeing the work that has led to a number of really high-profile closures. Taunton Market, Mr Taunton and Top Market have rightly been closed down, following just the kind of crackdown that was needed. I have a message for anyone else considering that kind of activity in Taunton and Wellington: “Illegal trading isn’t welcome, you will be closed down and you will be prosecuted.”

We need to go further, though. The Chartered Trading Standards Institute has pointed out that we need properly resourced trading standards services, which means tackling the local government funding crisis, particularly the social care funding crisis that is the main burden under which councils are struggling.

Somerset councillors to whom I have spoken about this also want civil penalties against landlords who knowingly let their premises be used for illegal trading, and that has also raised by the Chartered Trading Standards Institute. Those fines should be given to the council both to support trading standards work and to clean up the town centre environment. I believe that repeat offenders among landlords should forfeit their retail property to the council to allow its reuse or regeneration. Behind too many illegal shops are complicit landlords cashing in on the rent from illegal activity, and right now they face no consequences at all.

As well as supporting Lords amendment 333, the main change I am pressing for, following my visit with police officers around Taunton, is to address their frustration with the reality of tackling illegal sales at one end of the counter while trading continues at the other end of the counter in the shops they are tackling. I understand why the law requires that any closure notice must be followed up, under section 80 of the 2014 Act, with an application to the courts for a closure order. Frankly, however, that requirement is a hugely onerous demand on the time of hard-pressed officers, which too often discourages closure notices being served when they are needed.

I am therefore pressing for section 80 to be amended so that closure notices could be served on the authority of a superintendent or local authority chief executive and be effective for up to 14 days, but, crucially, without the requirement to apply to the courts. To ensure a just approach to retailers, exercising such a power would have to be dependent on evidence of unlawful or illegal trading, such as the sale of stolen goods. The Association of Convenience Stores found that 25% of retailers identified stolen goods being sold locally in their areas, including the under-age sale of alcohol, tobacco, vapes or counterfeit goods, such as cigarettes. Enabling a rapid response of this kind would also help to tackle phoenixing, whereby new ventures open a new company just a few doors down from their closed premises.

I am delighted at the action taken locally in Taunton. I support Lords amendment 333 and I do not really understand why the Government oppose it. Action could be taken and they should take it. Councils and police are too often operating with one hand tied behind their backs. There should be immediate closure where that is needed. Town centre businesses in Taunton and Wellington should not be forced to compete with criminal activity, and I will continue to push the case for stronger powers to stamp that out.

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
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I would like to recognise the work the Government have already undertaken to improve our high streets, including measures announced in the Budget last year: the taskforce to tackle organised crime groups; additional funding made available to trading standards, customs and excise, and His Majesty’s Revenue and Customs; and support for community policing, ensuring that there is a community police officer in every neighbourhood across the country. Those are all welcome and important, and it is right that we acknowledge that context in which this debate sits. I would also like to congratulate the Minister for Policing and Crime. She works incredibly hard. Today, she is working a double shift and we appreciate it.

I rise to speak to Government amendment (a) in lieu of Lords amendment 333, which sought to extend closure orders to 12 months. That has been the subject of some discussion today. I appreciate that the Government understand and recognise the importance and necessity of closure orders, to the point that they have tabled this amendment in lieu. I have to say to the hon. Member for Taunton and Wellington (Gideon Amos) that I do not see that as the Government opposing, but rather nudging gently towards the right direction. They are acknowledging the need for closure orders, while recognising the sensitivity that comes with them: the impact they can have in residential areas—this is not just about commercial premises—and on our high streets. In particular, I think about the potential addition of boarded-up, empty homes for 12-month periods and the same for commercial properties on our high streets. That will be a concern and I therefore recognise the need for the Government to consult, but the Minister will know that this draws concern from me and other colleagues who are keen to tackle the scourge of dodgy shops in their communities—and to do so quickly.

Julie Minns Portrait Ms Julie Minns (Carlisle) (Lab)
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My hon. Friend has been a doughty champion on the issue of dodgy shops. I would go as far to call her a guru on dodgy shops, if she will accept that accolade. Carlisle, like her constituency, is blighted by minimarts, vape shops and so on. I am attracted to Lords amendment 333, but superficially so. I think it is right that we get this correct. Does she agree with me that passing Lords amendment 333 would mark a significant shift in the law? It is important we get this right and consult, and what the Government are doing is extending the power, but with a guarantee to consult.

Melanie Onn Portrait Melanie Onn
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My hon. Friend is right. It is an acknowledgement that action needs to be taken. That is reflected in other areas of action that the Government are already committed to and those we are likely to see further down the track, which I will come to later.

I think we are right to raise the length of the consultation and say that, while we may appreciate the necessity of the Government wanting to consult when the shift up to 12 months is so significant, the consultation period should not be unduly or unnecessarily lengthy.

Matt Vickers Portrait Matt Vickers
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Does the hon. Lady agree that any such consultation should include closure notices, as well as closure orders?

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Melanie Onn Portrait Melanie Onn
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The extension to closure notices relates to much shorter time periods, and the periods for notices provided do not therefore necessarily need to fall into the scope of having a consultation—in fact, I would rather avoid having things in consultation unnecessarily over including things in consultation.

We want to drive the changes that communities expect to see, but this consultation has the potential to undermine the seriousness with which the Government take this issue. I wonder whether there is therefore an opportunity for the Government to say that they are aiming for the consultation and the response to coincide with the high streets strategy that we are expecting later this year, hopefully in the summer—whenever summer, in a parliamentary term, actually comes to fruition.

The campaign to stop dodgy shops is not just about not liking the appearance or the proliferation of these businesses, but covers much wider consequences, from money laundering to the sale of illegal goods; there were even suggestions in a recent BBC investigation of these shops harbouring child sexual exploitation activities. Indeed, a gentleman in my constituency called Shaun Tinmurth was sold an illegal vape that exploded in his home, causing thousands of pounds-worth of damage and putting his life and the lives of his family in significant peril. Just last month, we saw national rail infrastructure damaged as a result of a vape shop fire in Glasgow, with a beautiful grade II building seriously damaged. These businesses endanger lives, bring criminal activity to the heart of our towns and fracture community cohesion.

This is happening now. We are seeing damage, threats to life and costs to the public purse because the measures that currently exist are too slow to intervene, because of a lack of the right resources or because these matters are not considered to be a priority by some local authorities or police authorities. We have to ensure that police and local authorities have sufficient resources within their arsenal to provide a deterrent in the very strongest terms to these fake businesses and to make it absolutely clear to any OCG that is behind these commercial outfits that their model will not be tolerated, that they are not wanted and that the strongest available action will be used in such cases.

That is why the Government should not use the consultation as an opportunity not to continue to press ahead. I know that the Secretary of State is being given powers to easily implement this, should the consultation outcome take us in that direction—I really do not want the Government to miss the opportunity to give serious weight to the consequences. I want to ensure the success of the high streets strategy when it comes in the summer, and I really do not think there is any point in investing in our town centres if legitimate businesses are undercut by those operating outside the law or if residents feel unsafe in the very spaces that we are trying to regenerate.

I urge the Government to publish the consultation as soon as possible and to aim to conclude it in support of and around the timeframe of the high streets strategy, in addition to publishing the terms of reference and membership of the OCG high streets cross-departmental group for the purposes of transparency and contribution, and to ensure that every intervention—whether on policing, regeneration or business support—is aligned with the goal of allowing our high streets to breathe again.