(2 days, 9 hours ago)
Commons ChamberThank you, Madam Deputy Speaker, for calling me to speak for the first time on this Bill; I did not vote on Second Reading in November.
In her opening speech this morning, the hon. Member for Spen Valley (Kim Leadbeater) said that we could choose to vote with our heads or with our hearts, and I have been grappling with that tension and conflict over the past few months. I am afraid that I cannot agree with the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), that the Bill is stronger now than it was on Second Reading.
My sympathy for the principle of assisted dying is as strong as it ever was. The idea of facing a painful death or, worse, watching a loved one in pain at the end of their life frightens me. But if there is one thing that frightens me more than that—that terrifies me—it is the idea that someone I love might choose to accelerate their death imagining it to be one last act of kindness for those of us who care so deeply for them, and take away the opportunity for one last birthday together, one last Christmas shared, or even for something as simple as a picnic.
The hon. Gentleman is making a powerful point. Can he foresee a circumstance in which a child with anorexia turns 18, decides to get assisted dying, and the first time the family hear about it is after they have died?
No, I must continue—the hon. Lady has intervened multiple times.
The promoter of the Bill, the hon. Member for Spen Valley, has done well with some of the safeguards around coercion, but the arguments around coercion as we normally understand them from a legal point of view miss the point. We are talking not about where someone with improper aims and motives sets out to cause someone to take a course of action that they would not otherwise take but something much more subliminal. It may be the wish to avoid being a burden, or reading too much into the doctor’s suggestion when they raised assisted death as something to consider.
A few years ago I was seriously ill; at my most ill, the doctors said that I had a 90% chance of dying within weeks. When I regained consciousness, there was nothing that the doctors suggested to me that I argued over, whether it was a test, an angiogram or any other procedure. In my circumstances, if I had been in a position where assisted dying was a possibility, and the doctor had raised it entirely neutrally, I do not know how I would have interpreted it.
Some Members have spoken of placing a high value on life as if it is some preoccupation of the religiously obsessed. I am a Christian; I am a very middle-of-the-road Anglican. Although I do not take my faith lightly, my Church has never told me how to vote on an issue, and it will certainly not tell me how to vote on this one. I do appreciate, particularly with my own experience, that life is precious. But one does not need to believe in an omniscient and omnipresent God to hold the view that life is precious and that we should take measures to shorten it only very carefully.
As I said at the start, I do not believe that the Bill has got better. There are serious concerns about it. I genuinely do not know whether it is possible to put in adequate safeguards to ensure that assisted dying can be available for the cases where we would like to see it, but that would safeguard those difficult cases—the ones that the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), spoke so powerfully about in her very impressive and meaningful speech. What I do know is that if there is a way, this Bill does not do it. That is why I will be voting against it.
(3 days, 9 hours ago)
Public Bill CommitteesDoes my hon. Friend agree that people wishing for further clarification of the phrase “grossly disproportionate force” might be advised to consider the guidance on the matter issued by the Crown Prosecution Service?
Absolutely. It surprises me that Members think it is a novel concept when it has been on the statute book for quite some time.
We want to ensure that the individuals tasked with using force to bring offenders to court have the legal protections they need in order to act with confidence. We do not want offenders to think that all they must do is attempt to resist violently in order to escape the outcome sought by the families who have campaigned for a change in the law.
Although the notions of additional time to serve and prison sanctions may change behaviour in some cases, we must reflect on the sort of people we are dealing with and the sentences they serve. We should expect a willingness to offer violence from the sort of person who will barge into a family home and shoot into it without any thought to the family in it, as the perpetrator who killed Olivia Pratt-Korbel did. Do we really think that a man who is willing to violently murder three people with a crossbow, and who is never getting out of prison, would be particularly perturbed by not being able to go to the gym or watch TV? These are the sorts of people we are dealing with, and if we do not make physically forcing attendance our main goal, the Bill risks failing in its aims.
Some victims and families might prefer that someone gets punished if they do not attend, but what many of them will really want is attendance. Our amendment would make it more likely that we achieve that. I urge Members who do not want to look back on a missed opportunity, which will lead to offenders again and again not attending hearings, irrespective of the measures in the Bill, to support the amendment.
It is one thing to bring an offender to court, but we have to consider how they will behave. Amendment 23 would give judges the power to restrain or gag disruptive offenders in the courtroom rather than remove them entirely. Crucially, if a judge is minded not to issue such an order but instead to remove the offender, the amendment provides that they must consult the victim or their family. If offenders learn that all they need to do if they are dragged into court is scream and shout and disrupt proceedings, what do Members think is really going to happen? Is the sort of man who brutally murders two women and stores them in the freezer, as the killer of Jan Mustafa and Henriett Szucs did, and knows that a long sentence awaits him really going to be impacted by a short addition to his custody time?
We need to remember that for a criminal case to have been brought, the child or another party will have made an allegation of serious sexual abuse committed against that child, and that will have been followed by criminal proceedings and an initial guilty verdict. The relationship between the child and the accused parent may have completely broken down during that process. When the family court reviews the case, the judge will undertake a holistic review of all the circumstances, including the acquittal, before deciding what is in the best interests of the child.
We must also remember that the prohibited steps order does not form part of the sentence when it is made by the Crown court. The order is not part of the punishment, or an additional punishment, for an offender; it is a tool to protect children who have been the victims of a dreadful crime, and their families. Even where the individual is acquitted—I have huge sympathy for those who are found innocent and acquitted—it is likely that the case will have gone through lengthy proceedings, and complex family dynamics will be involved. We must keep in mind the overarching aim of protecting children and doing what is best for them. That is why the order will not be automatically discharged following a successful appeal.
I think it is important that if there is a successful appeal, there is a clearly defined process during which the best interests of the children involved are considered, which is why we have put that measure in place. We understand that following a successful appeal, it is important that decisions about a prohibited steps order are made quickly. That is why the process already included in clause 3 requires the local authority to make the application within 30 days of the acquittal. By placing the duty to make the application on the local authority, we are reducing the burden on the families involved, at what will already be a difficult and potentially traumatic time. Moving the proceedings to the family court centres deliberations in the correct forum. The family court will consider whether varying, discharging or, indeed, upholding the order will be in the best interests of the children involved, which I am sure we can agree is what we all want.
I am struggling to understand either the legal or the ethical distinction that says that someone who is acquitted at trial should be in a fundamentally different position from someone who is acquitted following an appeal and has their conviction overturned. Surely the practical results should be the same. In every other part of the criminal justice process that I have encountered, they are.
That goes to the heart of why we have kept these measures as niche and tight as possible—because they are quite novel. We are restricting parental responsibility where an offender has been found guilty in a Crown court, with a jury and a judge, of any sexual offence against their own child for which they will be sentenced to four years or more in prison. That is incredibly traumatic for the child and family involved. The person will have already been found guilty. This is not similar to cases in which someone is acquitted and a prohibited steps order can be removed immediately. We have to consider the impact on the child. These are offences that the perpetrator will have been found guilty of, in a court of law, against their own child.
As the Minister will be aware, where the Court of Appeal overturns a criminal conviction for a serious offence such as this, it will generally be because there was a serious flaw in the original trial that has left it invalid. Even in those circumstances, the Court of Appeal may grant a retrial rather than overturning the conviction. I understand the point the Minister is making about the trauma to the family and child, but would that not apply equally to someone who is acquitted at the original trial, in which case should the court not also be considering it in the event of a not guilty verdict? I really am struggling to understand why a conviction being overturned on appeal is substantively different from a not guilty verdict.
(2 months ago)
Commons ChamberEquality before the law is at the heart of the rule of law. As the great Roman statesman Cicero said:
“For rights that were not open to all alike would be no rights.”
The revised guidelines from the Sentencing Council fundamentally went against that important principle. To introduce a presumption that pre-sentence reports would be required not necessarily because of a particular vulnerability of offenders or circumstances related to their offences, but because of the colour of their skin, the region of their ancestors’ origin or the religious beliefs that they held is two-tier justice, no matter how laudable the intentions. This is not about Court of Appeal judgments such as Thompson, which the Lord Chancellor referred to, and it is not about factors that could fundamentally change the effect of a particular judicial sentences on an offender, or factors relating directly to the circumstances of the offence. This is purely about those characteristics.
My right hon. Friend the shadow Lord Chancellor did a huge service to not only this House but our country when he raised this matter from the Dispatch Box on 5 March, because it was clear that the Lord Chancellor was completely blindsided. Neither she nor her Ministers knew anything about the proposals. In fairness to the right hon. Lady, who is not in her seat at the moment, I am sure that she was as appalled as we were at the idea that people should be treated differently purely because of their ethnicity, culture or religion. But this is a lacklustre Bill, which does the minimum needed to clear up the immediate mess of this Government’s making. [Interruption.] As I said, it does the minimum necessary. It is better than nothing—it is a very small step in the right direction—but it does not go as far as the Government should to introduce the reforms that are needed.
The right hon. Lady had been Lord Chancellor for eight months, but she had so little grip of her Department that she not only did nothing to stop the Sentencing Council’s new guidelines, but was not even aware of them. Her representative had met the Sentencing Council just two days earlier. What were they doing at the Sentencing Council, if they were not there to stop such proposals? How is the right hon. Lady running her Department, if she was not even informed of the new guidelines?
The proposals had changed during the process. The Lord Chancellor, unlike me and the Business Secretary, has actually been a practising lawyer. She will understand that there is a substantial difference between saying that a pre-sentence report may be particularly important, and stating, as a requirement, that such a report will normally be considered necessary, given the effect that statement has, and the triggers for appeals against sentences. Those changes were made almost at the point when the right hon. Lady became Lord Chancellor, yet eight months later, she had done nothing to stop them and was not even aware of them.
This Bill stops only the narrowest and worst aspects of the guidelines from applying. If the Government were actually serious about taking action, they could have done so much more quickly. They did not even need to take action; an omission would have been sufficient. On 28 March, when my right hon. Friend the shadow Lord Chancellor brought forward his private Member’s Bill, all the Government Whips had to do was not shout “Object” in order for it to go forward. It would have restored proper ministerial oversight and, through the Minister, parliamentary oversight over sentencing guidelines. That would have allowed Parliament to take control of this fundamental matter.
My hon. Friend is right; the issue is not just these guidelines. In the last Parliament, we legislated to increase the maximum sentence for causing death by dangerous driving to life imprisonment, after an offender killed three members of my constituent’s family and was given a sentence of only 10 and a half years. Does my hon. Friend agree that we need a broader power, so that where Parliament’s intent is not recognised by the Sentencing Council, we can act?
Clearly, Parliament needs to have oversight of revisions to sentencing guidelines, so that they reflect the will of Parliament.
The Government failed to act and have now brought forward this lacklustre measure. In the past few months, my hon. and right hon. Friends have uncovered multiple instances of two-tier principles being applied to bail, probation and other judicial matters. This is not a one-off, or a whistleblowing “fix it and move on” situation; it is systemic and endemic. We need much more radical reform than the Government are bringing forward today.
(2 months ago)
General CommitteesIt is a pleasure to serve under your chairmanship this evening, Sir Desmond. Legal aid plays a critical role in our justice system, particularly for the most vulnerable in society. Access to that legal advice and representation can be a lifeline for individuals facing incredibly difficult circumstances, and those who have experienced domestic abuse are often in particular need of such support. That is why any changes to the legal aid framework in this area warrant careful consideration.
It is clear that a significant number of the changes in this draft order will help legal aid provision to keep pace with the evolving legal landscape. The alignment of terminology—moving from “domestic violence” to “domestic abuse” and from “financial abuse” to “economic abuse,” for example—is a necessary step to reflect the broader understanding of the multifaceted nature of abuse, consistent with the landmark Domestic Abuse Act. That modernisation of language is not merely semantic; it will help to make sure that a wider range of behaviours, and their impact, are properly recognised within the legal aid system, so it has our support.
The amendments relating to immigration legal aid for victims of domestic abuse also warrant careful attention. The inclusion of those applying for leave to remain under the updated appendix to the immigration rules is a change that addresses a specific vulnerability. Individuals whose immigration status is tied to an abusive partner are in a precarious position. We support these changes, although we will closely monitor how they are implemented.
We agree that the changes to the evidential requirements in private family law cases, allowing medical evidence from registered overseas health professionals, are a pragmatic step. Survivors of abuse may have sought medical attention outside the UK, and it is sensible and right that such evidence should be considered in legal aid applications. People who are fleeing abuse should not be inadvertently disadvantaged in accessing legal aid.
The amendments concerning domestic abuse protection notices and domestic abuse protection orders represent a further stage in the integration of these relatively new protective measures into the legal aid framework. DAPNs and DAPOs were introduced to provide more streamlined and effective protection for victims of domestic abuse.
The previous Government introduced statutory instruments in 2023 and 2024 to amend legislation to provide access to legal aid for both victims and respondents, where appropriate. This draft order makes further amendments so that the appropriate type of legal aid—civil or criminal—is available to those who are party to DAPO proceedings, and for those subject to DAPNs. It is right that victims and, where appropriate, respondents in such proceedings should both have access to legal representation to ensure fair and just outcomes.
We will be particularly interested in the effects of these changes, which we support in principle. We particularly note the Government’s ongoing evaluation of the DAPN and DAPO pilot, which was launched on 27 November 2024 in the locations that the Minister mentioned, and how the legal aid provisions interact with the findings of that review.
I understand that no formal consultation was undertaken specifically for this draft order, as the Government view these as technical amendments aligning with existing policy and legislation. While we understand the rationale, we reiterate the importance of ongoing dialogue with stakeholders, including legal aid providers and those representing victims of domestic abuse, to ensure that the practical implementation of these changes is smooth and effective.
The commitment from the Ministry of Justice and the Legal Aid Agency to monitor the impact of these amendments on the legal aid scheme is important to ensure the transparency and adequate functioning of the legal aid system. The impact assessment accompanying this instrument provides a degree of insight into the anticipated costs and effects of these changes, and we note the estimated increase in the legal aid fund related to the expansion of immigration legal aid, and the assessment that other amendments are unlikely to result in a substantial increase in applications. We will monitor that closely, and we call on the Government to similarly keep these assessments under regular review, as the changes take effect.
While we acknowledge the Government’s stated aims and the technical nature of many of these amendments, we also recognise the profound impact that legal aid has on the lives of vulnerable individuals. Ensuring that the system is accessible to those who genuinely need it, is up to date and reflects the realities faced by victims of domestic abuse is a shared objective. On the basis of the information provided and the commitment to ongoing monitoring and review, we will not divide the Committee on today’s order.
(3 years, 3 months ago)
Commons ChamberEver since I entered this place, not one Bill has occupied as much space in my inbox as this one, and I am sure that many Government Members have been similarly inundated with messages from their constituents. Many of my constituents are horrified, disturbed and frankly suspicious of this Government’s attempt to severely suppress the right to protest. Some of those who are getting in contact with me have never attended a protest, but like me, they are absolutely committed to preserving and protecting our fundamental rights. These constituents are currently watching the autocratic President Putin on their TV screens arresting hundreds of his own people for peacefully protesting and demonstrating against his country’s barbaric assault on Ukraine.
The Conservative party of the 21st century has shed all illusions of being a party that is committed to conserving, protecting and defending our liberal democracy and, indeed, of being a party that is committed to the liberalism that I had assumed was a key tenet of its ideology. Thankfully, the other place has rejected a string of proposals that would have given the police in England and Wales increased powers, including the power to stop and search anyone at a protest without suspicion. Even many Conservative peers did not support the Government’s proposals.
Sadly, however, the likes of clause 55 still exist in the Bill. Make no mistake, the noise clause is a crack-down on dissent. It provides more tools in the establishment’s armoury. It is authoritarian and draconian. The clause effectively ends the right to protest as we know it and provides yet another example of this virtue-signalling Government—
I am sorry; I will not, because the hon. Member has just come in, and lots of Opposition Members wish to speak and have been here since the start of the debate.
The clause is yet another example of this Government giving extra powers to the police that they have neither asked for nor do they need. I have long given up appealing to Government Members to do the right thing. Rather, it is best that we just tell them that they are doing the wrong thing, and they will be doing the wrong thing if the Bill passes. Hundreds of solidarity protesters gathered on Downing Street at the weekend to express support and solidarity to Ukraine and her people. Those sentiments have been expressed right across the House. The protesters were noisy, and they were loud. Are this Government telling me and everyone else in the Chamber today that they would shut them up next time? What a sorry state of affairs.
(3 years, 5 months ago)
Commons ChamberI concur with my right hon. Friend. The royal town of Sutton Coldfield has been in the trenches with me over the last few years following this disgraceful attack on our constituents, which is completely unnecessary for the reasons I will now outline.
I accept it is easy to speak against a police station closure, so I hope Members will allow me to outline what I believe to be the legitimate reasons why Solihull police station must remain open. First, it primarily serves the south of Solihull borough, which includes my constituency and some of the villages in the constituency of my hon. Friend the Member for Meriden, including Dickens Heath, Dorridge, Knowle and Hampton in Arden. We are talking about a population of around 127,000 residents. The fact that an area with such a dense population is going to lose its only operational police base is nothing less than a scandal and a travesty.
It is also important to remember that in 2015 the previous Labour police and crime commissioner closed Shirley police station. My hon. Friend the Member for Stourbridge (Suzanne Webb) and I were told that, magically, there would be a police presence, and what has happened? Absolutely zilch.
My hon. Friend has alluded to the previous police and crime commissioner closing various police stations in Dudley borough, including Stourbridge, Kingswinford and Netherton among others. When he announced that Brierley Hill police station would be closing in the next two or three years to open a new police station in Dudley town centre, moving our only remaining police station from the centre of the borough to the far corner of the borough, he promised that a meaningful police presence would remain in Brierley Hill town centre. Does my hon. Friend agree that it needs to be a proper police station with officers operating out of it, not just a locker and an office?
I completely concur with my hon. Friend, and we are in a similar situation. Frankly, cars will have to come from Tally Ho and Coventry, which is far too long a response time for my constituents.
In response to my constituents’ rightful frustrations, the police and crime commissioner stated in his estate review that
“locations for public contact offices in Solihull and Sutton will continue to be explored”.
That is very big of him. There is absolutely no commitment to give Solihull a public contact office. A number of questions have been raised as to what a public contact office really means. Reference has been made to it merely being a desk in a library with someone wearing a bit of hi-vis. For 127,000 people a desk in a library, 9 to 3, hi-vis—that is it, done. It is absolutely ridiculous, a travesty and a disgrace.
How can I honestly encourage my constituents to report crime, particularly crime of a personal and sensitive nature, to a police desk in the middle of a public space that is open only at certain hours and where they do not know precisely to whom they are speaking? What if one of my constituents suffering from physical and emotional abuse does not, for whatever reason, have access to a telephone and wants to seek refuge in a secure policing environment? That will now not be available anywhere in my large town.
As my constituent Mr Thompson of Compton Close—not the other Mr Thompson—put it brilliantly:
“We have already suffered the closure of the Shirley police station. It’s clear this next step is unacceptable to all Silhillians. Solihull residents deserve more than the muted ‘desk’ to take concerns. We deserve and should expect a local Police station with officers to respond directly to our needs.”
The police and crime commissioner tries to defend this cruel decision to close Solihull police station by using the usual line from the Opposition Benches, which are empty tonight, that West Midlands police has suffered from cuts and austerity. In a press release, he stated that once again—
“a decade of reckless Government cuts.”
Home Office data on direct money shows that from 2018-19 to 2021-22 it has gone up from £442 million to £694 million—an uplift of £250 million in four years. So, in light of the substantial increase in direct subsidies from the Home Office, straight into the PCC’s office, we have to ask ourselves why on earth he has decided to put forward plans to permanently close our police stations, when funding is proportionally higher than it was many years ago.
I would also draw the House’s attention to the fact that, as a result of more Government funding to the Labour police and crime commissioner, West Midlands police has managed to recruit hundreds of new police officers. Indeed, it admits in a statement that since the general election, this Conservative Government have managed to recruit 867 police officers across the west midlands. With the hundreds of additional police officers on the beat across the west midlands, particularly in Solihull, the PCC clearly forgets that we need adequate space to house those new officers. By closing Solihull police stations and those of my hon. Friends, and other stations across the west midlands, the PCC is drastically reducing the size of the constabulary’s estate just as the police force is growing, which means fewer desks, less officers and a reduction in the number of cells.
I am sure hon. Members know just how often we are contacted by our constituents about the levels of crime in our areas. I am contacted daily by constituents about the concern that exists about the substantial rise in crime across Solihull, which has been going on for many years. In particular the fear of violent crime, knife crime and burglary is a real concern to my residents. In December 2019 we had the murder of 21-year-old Jack Donoghue outside Popworld; he was simply enjoying a night out.
Lockdown has created difficulties in assessing crime statistics. However, despite our not having the full crime statistics for 2020-21, I can confirm to the House that of those that are already reported, 666 individual cases of violent crime have been reported in Solihull in the last year alone. That is already a massive increase on the data for 2020, when we had 574 such incidents. Undoubtedly, West Midlands police has a reputation—a very unwelcome reputation—for suffering large-scale knife crimes. What is the answer, I ask? Well, the answer of this police and crime commissioner is first to stop stop and search; that is a great way to stop knife crime. And the other one is to close our police stations, despite the huge uplift in moneys that come, not only from the precept, but from central Government.
My constituents deserve better. They deserve permanent policing. Theirs is a large town, a vibrant town, a town with many older residents who need the safety and protection that is the very basic that we all ask for ourselves and our society.
It is no secret that I have always been sceptical about the role of police and crime commissioner. In the financial year 2019-20—and who can blame him, frankly—the West Midlands PCC’s office spent £437,000 on salaries for the PCC, his deputies and the senior statutory officers alone, money that I believe should instead be spent on frontline national policing.
To conclude, if we are not going to get rid of the role of police and crime commissioner—and I would be absolutely delighted if we did—we have to fold it into the role of the Mayor of the West Midlands, someone who actually knows what he is doing and is not an ideologue, and does not think that the cure for knife crime is less stop and search.
(3 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
On 31 May this year, a fine young man, Dea-John, was hunted down and knifed to death on the streets of Kingstanding. The following day, I met his distraught mother, and the weekend following, I was with thousands of others both to celebrate his life and to bring the community together in opposition to the rising threat of knife crime.
Only today, the police are carrying out a major operation—a knife search, as they call it—in the Finchley Park area. I regularly talk and work with our local police service on how they use stop and search on the one hand, and on initiatives such as knife arches in a number of local secondary schools, on the other. There is no question but that stop and search remains essential to effective policing, acting as a valuable tool in combating pervasive, violent crime and keeping our communities safe as a consequence. The key is that the use of stop and search has to be appropriate. The need for the police to carry communities with them remains paramount. Historically, that has not always been the case, which has damaged police-community relations. Stop and search remains, however, an important tool in our armoury, with the caveat that its successful application requires ongoing dialogue with communities. I am pleased that the West Midlands police and crime commissioner has made clear commitments to that end.
Although I welcome the fact that the hon. Member for West Bromwich East (Nicola Richards) has secured the debate, I disagree with her interpretation of what the police and crime commissioner said. There has also been no mention thus far of the single biggest problem facing the police service, to which I will return. The police and crime commissioner has given no direction to the chief constable to reduce or scale back stop and search. It has been suggested in some quarters that he has, but that is simply not true.
How does the hon. Gentleman interpret the parts of the police and crime commissioner’s plan where he quotes reports that say that stop and search does little or nothing to tackle crime, and where he says that the measure of whether “reasonable grounds” have been met should be whether at least 50% of stop and searches result in further action?
There are two things. First, on stop and search, it would happen in exactly the way I have said—I have quoted the police and crime commissioner’s own words and I have heard him say it personally. It is about the vigorous but appropriate use of stop and search—getting it right; avoiding counterproductive outcomes. Secondly, he cannot put right all the wrongs of the past era since 1997, but he is committed to recruiting an additional 450 police officers, which I welcome.
Why does the hon. Member think that Labour police and crime commissioners in the west midlands have seen rapid increases in the recorded crime rate over the past 12 months, where Labour police and crime commissioners and Mayors in other urban areas, such as Merseyside and Greater Manchester, have seen falls during the pandemic? Why is the west midlands different?
The size of the cuts that have been made to the police service is one answer to that. Can I throw a question back? If it is right, as is undoubtedly the case, that the police service has been starved of the necessary resources—and what the Government are proposing will still leave us 1,000 short in the west midlands—why do Government Members not join us to speak with one voice and say to the Government, “Back our police service; invest in our police service. We want to see a return to 2010, and an end to an era where the public have been put at risk as a consequence of those cuts.”? I throw that question back.
It is right for the hon. Member for West Bromwich East to bring this debate. Are we simply going to focus on a crucial issue, and then have no regard to the cost and consequences to the police service of being starved of the necessary resources, and all that has flowed from that? That cannot be the case. Hon. Members must make up their minds, because we will probably have the police grant settlement before Christmas. We need to stand together to influence the Government. Would any hon. Member like to respond to that? Why not unite with Labour colleagues to put the safety and security of the people of the west midlands first?
I certainly welcome the hon. Gentleman’s appeal to put partisan political point scoring to one side. He may remember that back in the distant days of January 2016, we had a similar debate in this very Chamber—I was sitting here, and he was sitting nearby as shadow Policing Minister—at a time when the previous Labour police and crime commissioner for the west midlands had asked us all to come together on a cross-party basis to support a £5 increase in the police precept for the west midlands. I did so, and my hon. Friend the Member for Solihull (Julian Knight) also did so. Can the hon. Gentleman remember how he briefed the local media after Conservative Members had supported the Labour police and crime commissioner’s increase in the precept?
Correct me if I am wrong, but was there universal support from Tory colleagues at that point in time? No, there was not. Were there some truly honourable hon. Members who took a stand in support of proper funding of the police? Yes, there were, and I welcome that.
I say this one final time: all Government Members are going to have to make their mind up. The case for additional resources and a reversal of the cuts of the past 10 or 15 years is overwhelming, and the consequences being felt by our communities are likewise overwhelming. Therefore, we need to stand together and say to the Government that we badly need additional investment of resources in our police service, not least because the first duty of any Government is the safety and security of their citizens. The Government often talk tough on crime, but the reality is sadly the opposite. Our priority must be to return the police service in the west midlands to 2010 levels.
Thank you, Ms Rees. I shall be very brief.
My father was a constable with West Midlands police for 29 years and was stationed for much of that time in the constituency of the hon. Member for Birmingham, Perry Barr (Mr Mahmood), working in Aston, Handsworth and some challenging parts of the city at a particularly challenging time in the late ’70s and early ’80s. An awful lot has changed about policing since he retired, but it is still the case that stop and search remains a vital tool for combating the scourge of serious violence and keeping people safe. We do not need to hear politicians saying that. The public know that that is common sense. The police know it to be true. Deputy Chief Constable Adrian Hanstock, the National Police Chiefs’ Council lead for stop and search, said:
“The authority to stop and search people in appropriate circumstances is a necessary power that allows police officers to tackle violence in our communities and prevent people from becoming victims of crime. Every day officers across the country seize horrifying weapons and are preventing further injuries and deaths by using their search powers.”
My hon. Friend the Member for West Bromwich East (Nicola Richards) referred to parts of the police and crime commissioner’s crime plan for 2021 to 2025. The commissioner is right in one regard: stop and search is clearly an intrusive process. However, on the scale of interventions open to the police, it is very much at the lesser end of intrusion. Given its impact on both individuals who are stopped and searched and on perceptions of policing and fairness in the wider community, we must ensure that the powers are used appropriately, as the deputy chief constable said.
Certain individuals or groups of individuals should not be repeatedly targeted and stopped such that it almost becomes harassment. However, I fear that the language used by the police and crime commissioner in his plan sends out a signal to the many hard-working constables and officers in our communities across the west midlands, and to our neighbourhood policing teams in particular, that they should be extremely nervous of stop and search and use it only if they have almost seen a person carry a knife around a town centre—they need such a high level of certainty.
The commissioner writes in the plan:
“If searches are based on a reasonable suspicion of finding something or some other action following, then at least half would need to generate a positive outcome. This is not the case.”
That 50% positive searches test is not generally shared by practising barristers or criminal solicitors, and it is certainly not shared by the majority of police officers, yet by putting that in his formal plan for the police force area, he introduces such a note of caution that, in circumstances where an officer has good grounds to believe that an individual may be carrying an offensive weapon in one of our streets, town centres, communities or pubs, they are more likely to avoid stopping and searching than to carry out a stop and search. Even if there were positive results in only 20% of cases, that could be a significant amount of harm avoided and, indeed, lives not lost.
Proportionality is central to how appropriate the measures are. Inevitably, as the deputy commissioner of the Metropolitan police force, Sir Stephen House, said, if such powers are being used properly and in the areas with high crime rates, certain groups are far more likely to be stopped and searched than if people were being stopped and searched in St James’s park—the outer edges of the police force area—and the same applies in the west midlands. We know that parts of the region have far higher levels of crime and that, if we took a random sample in those areas, we would find that on a demographic, ethnicity or socioeconomic level, certain groups would be likely to be stopped more often than if a similar exercise were done on the streets of Pedmore in Dudley, or perhaps in parts of Meriden. We must ensure that these powers are not being used discriminatorily. We have to ensure that our police are comfortable and confident in exercising these powers when they are needed—when they feel that they have good and solid reasons to think that an individual may be carrying a weapon. We have also to ensure that police will have people’s backing, and that they will have the backing of decision makers and politicians. Sadly, some sections of the police and crime commissioner’s plan damage that confidence. They threaten to make our region less safe. I hope that he will reconsider and edit his plan.
On that last point about making the region less safe, the simple fact is that, as the police service’s resources have substantially diminished, crime has risen. Will the hon. Gentleman therefore be joining fellow Tory colleagues and Labour colleagues to make strong representations to Government to reverse the cuts that have been made to our police service since 2010?
The hon. Gentleman will be aware that I have a long history of pushing Ministers, of arguing in private and indeed in this Chamber, for greater funding and for changes in the funding formula to benefit West Midlands police. I shall continue to do so; I know that a number of my colleagues will continue to do so. However, I would remind him—I think that it probably slipped his mind—that five years ago, he, I think as a shadow Minister, attacked me and my hon. Friend the Member for Solihull (Julian Knight) for calling for council tax hikes because we were backing the police and crime commissioner’s call for a £5 increase in the policing precept.
We need a good level of funding. We have had increased funding in the west midlands. The number of officers in the west midlands is increasing. The previous West Midlands police and crime commissioner failed to translate that into safer streets and communities. I genuinely wish the new commissioner well; we need him to succeed, and we need him to improve policing and safety in our region. However, I fear that he is making the same mistakes as his predecessor. Our constituents deserve better.
It is a pleasure as always to serve under you as Chair this afternoon, Ms Rees. It is also a pleasure to follow what I thought was a brilliant speech from my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe). I thank the hon. Member for West Bromwich East (Nicola Richards) for securing this debate. She made some really important points about the value of stop and search and, like her, I am taking part in a Zoom scrutiny panel about stop and search at 5 pm. Those meetings bring local officers together with members of our communities, and play a very important role. I share the hon. Lady’s sentiment that long may that continue.
The hon. Lady and others are also right to send our thanks to the frontline officers who have to take the decisions around stop and search in real time, out on our streets. We should never lose sight of that. In facing someone who may be carrying an offensive weapon, officers very much put themselves at risk, and we pay tribute to them for their service. Like the hon. Member for Dudley South (Mike Wood), my father is a retired police sergeant. I also have an uncle who is still serving on the frontline, so I am thinking of them and the support they need from us as they go about the work in our communities.
To be absolutely clear, Labour supports evidence-based and intelligence-based stop and search. I very much recognise that it can save lives. When stop and search is guided by those principles, it is a vital tool in halting acts of violent crime and in building trusted, consensus- led policing that is supported and trusted by all local communities.
The commissioner’s new police and crime plan, which we have heard so much about today, notes that only 25% to 30% of searches in the west midlands area resulted in any policing outcomes, which include cautions, arrests, drugs found and weapons seized. In only 3% of all searches did officers find an offensive weapon. Moreover, a freedom of information request released by West Midlands police this year showed that, of those stopped and searched per 1,000 of population, about 11 were black, eight of Asian heritage and three white.
The duty of any police and crime commissioner is to consider those statistics and to ask what the figures tell us about how stop and search is being used. Is it proportionate? Is it effective? Is it correct and is it prudent to assess whether the reasonable grounds threshold is being met in connection with the searches that take place?
In the commissioner’s new police and crime plan, he laid out three targets to make stop and search more effective. West Midlands police will aim, as we have discussed, to increase: the positive outcome rates for reasonable grounds stops and searches to no less than 50%; the proportion of reasonable grounds stops and searches where an offensive weapon is the object of the search; and the number of weapons found.
Despite what has been suggested, the commissioner has no plans to scale back stop and search, nor does he wish to abandon it entirely. Instead, he is thinking to create a more efficient policy. An effective policy will focus on taking more weapons off our streets, while we build in the community policing that became so difficult thanks to 10 years of austerity under this Government.
The commissioner is taking those steps because, in his constabulary and across the UK, the Government have made stop and search a less effective and trusted tool. The beating crime plan released by the Government in July 2021 permanently relaxed conditions for the use of section 60 stop-and-search powers, under which officers may search someone without reasonable grounds in some circumstances. That dismantled the best use of stop-and-search scheme, introduced by the then Home Secretary, the right hon. Member for Maidenhead (Mrs May), in 2014, which introduced evidence and intelligence-based stop and search.
The hon. Member for West Bromwich East noted the increase in crime in her constituency and across the region. In the West Midlands police force area, crime is up. Specifically, instances of violence against the person and crimes recorded involving the possession of weapons rose from 111,934 in the year ending December 2020 to 137,549 in the year ending June 2021, according to the Office for National Statistics. Those are indeed somewhat shocking figures, and I appreciate the hon. Member’s efforts to raise the issue with the Minister today. The fact is, however, we are seeing increases in violent crime across the country.
In Cleveland, we saw an increase from 24,359 instances of violence against the person and crimes recorded involving the possession of weapons, to 25,360 in the year ending June 2021. The area covered by Cleveland police was the second worst place in the UK for knife crime in the year ending March 2021. According to the Office for National Statistics, proportionate to the population, the force area experienced more crimes involving bladed weapons than Greater Manchester police or London’s Metropolitan police. Between April 2020 and March 2021, 122 incidents of knife crime were recorded per 100,000 of the population. Indeed, only the West Midlands police recorded more, at 156.
More generally, the Office for National Statistics reported that between April 2009 and March 2010, 13 per 1,000 people were victims of violence against the person; and between July 2020 and June 2021, 32 people per 1,000 were victims of violence against the person. I am sure that all hon. Members will recognise that those increases are serious and I know that the hon. Member for West Bromwich East’s police and crime commissioner is keen to engage with her and all hon. Members about how we drive forward the effectiveness of the stop-and-search approach in order to address the systemic factors that have caused such a marked increase in crime, in not only the west midlands, but so many areas of the country.
Since 2010, West Midlands police has lost 2,221 of its officers as a consequence of the Government’s cuts, and we have lost 21,000 police officers nationally, as so many Members have said. The force is due to receive 1,200 back over the coming years, leaving West Midlands police with more than 1,000 missing officers. Since first coming to power in 2010, the Government have reduced the nationwide police budget by £1.6 billion in real terms. Since 2010, West Midlands police has lost spending power of £175 million.
I am afraid to say that the Conservatives’ negligent underfunding of our police forces means that the country is experiencing record levels of knife crime and that nearly nine in 10 cases are going unsolved, which has contributed to the stark increase in crime in the west midlands. There has been no levelling up when it comes to the West Midlands police and instead we have left our communities less safe.
Can the Minister update the House on when the long-overdue revised police funding formula might be ready? I understand that Simon Foster, the police and crime commissioner, recently wrote to all the region’s MPs on a cross-party basis to ask for a fair deal for West Midlands police. I hope that all hon. Members, as other hon. Members have said, will join his plea in that letter to the Government.
As the hon. Lady said, there has been an increase in crime in the west midlands. For violence with injury, the number of offences in the west midlands was up 10% on the previous year. In her own police force area, it was down 5% on the previous year. What does she think that her police force is doing better than West Midlands police?
(4 years, 6 months ago)
Commons ChamberThe hon. Lady will know that, in some instances, we have been able to do that. There are other instances where the buildings are no longer in the control or ownership of HMCTS, and some of them, having been looked at, were not in the right sort of condition to be used—hence the fact that we have been wide ranging in our approach to Nightingale courts, which we will be scaling up as part of phase 3. I am looking at over 60 courtrooms that can be developed across the country. The important point she makes is about technology. I can assure her that, during this crisis, cloud video technology has already been rolled out to every courtroom, and it is making a real difference to the lives of victims and witnesses. If there are local issues in Calderdale, I would be more than happy to talk to her about them in order to address any particular issues in her constituency.
The effective operation of our magistrates courts is at the centre of our criminal justice system. What progress has my right hon. and learned Friend made in bringing down the number of outstanding cases, and what further action is he taking to bring it down even further?
My hon. Friend is right to talk about the central importance of the magistrates courts. They are the first port of call with regard to all criminal cases. I am glad to tell him that since August the overall number of cases being dealt with has exceeded the number of cases coming into the courts, and we are working on the basis that we can return to pre-covid levels in the spring to middle of next year. That is remarkable progress, and I very much hope and believe that it will be maintained.
(4 years, 8 months ago)
Commons ChamberWe send people to prison for punishment, for public protection, and for rehabilitation. The availability and use of illegal drugs and psychoactive substances undermines all three goals. The possession and use of these substances is a specific criminal offence under a number of pieces of legislation. However, it is only possible for prisons and young offender institutes to test people for those substances if they are specifically named substances within the legislation. That clearly needs to change. It is probably optimistic to imagine, as my hon. Friend the Member for Aylesbury (Rob Butler) suggested, that any legislation may put us a step ahead of the criminals and those who bring substances into prisons, but at the very least, this Bill can make sure that the authorities are able to remain on the same lap as those who would bring these dangerous drugs into our prisons.
It is far too easy for the producers and the suppliers of drugs and psychoactive substances who, with minimal changes to the composition of those substances, can rebrand to stay outside the provisions of existing legislation. Parliament legislated four years ago for the broad generic definitions of psychoactive substances under the Psychoactive Substances Act 2016. This Bill would bring that definition into the provisions on testing for drugs in prisons. To that extent, it is a huge step forward, and I congratulate both my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) and my hon. Friend the Member for North West Durham (Mr Holden) on bringing this Bill forward. It will help to make our prisons safer. It will help them to continue their important work to rehabilitate and reform prisoners, and it has my complete support.
(4 years, 11 months ago)
Commons ChamberI am surprised by the right hon. Gentleman’s characterisation of the criminal legal aid review. Indeed, we have completed part 1 and the consultation has been completed, and we are proceeding with all expedition to implement the accelerated requests of the Bar and the solicitors’ professions. We are moving into part 2 and I want to get on with it. The right hon. Gentleman knows that I had over 20 years as a legal aid criminal practitioner; and I saw, shall we say, a Government of which he was a member sometimes revelling in cuts to legal aid. We need to work constructively together on this now to help the professions that we both support.
My hon. Friend is right to ask about the plan that we issued in June to clear a pathway for the easing of restrictions in our prisons gradually and cautiously, always guided by public health advice and designed to keep staff and prisoners safe. We are now seeing prisons start to open up, including prison visits in places such as HMP Humber. I pay tribute to everybody who has worked so hard to make that experience a safe one. So far, around half of all our prisons have begun to ease some restrictions. Progress is being made.