(9 years ago)
Commons ChamberI will address how more people with long-term substance misuse problems are dying, but I remind the hon. Lady that the public health grant remains ring-fenced. It is for local authorities, working with partners in their communities, to come up with the best ways of tackling people’s serious and long-term substance misuse problems.
We have seen a phenomenal improvement in our understanding of the overlap between mental health problems and substance abuse problems. Councils not only have the public health grant and their partnerships in local communities; they also have the significant additional funding that the Government have made available for mental health services and community mental health services, as well as the homelessness prevention and troubled families funding. As I will hopefully have an opportunity to say, what is different about the strategy, in part, is the partnership working that we see as being at the heart of driving further improvements.
Parents will welcome the Government’s focus on an updated and joined-up strategy. The mental health impacts associated with cannabis use, particularly by teenagers and young people, are one of the most upsetting issues raised in my constituency surgeries. Does she agree that this joined-up approach to local access is vital to the affected families?
My hon. Friend makes an important point. I doubt there is a single Member who has not had either a family member or a constituent come to speak to them about their huge concern about the harrowing effect on young family members who get involved in drugs. There is a growing evidence base and deep concern about the impact of cannabis on the development of young minds. A lot of concern is being raised about how psychosis can be brought on by even modest exposure to cannabis. It is essential that we consider mental health and substance misuse together. I assure her that that is at the heart of what we will be doing.
Although we have all far too frequently come across these heart-breaking cases of young people who have faced the terrible consequences of taking drugs, including losing their life, it is worth noting that, overall, fewer young people are taking drugs. Reliable data show that drug use among 11 to 15-year-olds peaked in 2013, and there has since been a continual decline. Again, we are not at all complacent, and we will be doing more work to educate young people about those harms.
Not only are fewer people taking drugs in the first place, but those who enter treatment services are having a good experience. The average waiting time to access treatment remains three days, and within two days for under-18s. Some 80% of young people who enter treatment leave successfully, so we have good foundations on which to work.
Police and law enforcement issues have also been raised in my constituency. Will the Minister be prepared to consider legislation to deal with situations where prolonged cannabis use is having an impact on neighbours, with long-term users having an impact on the daily lives of children and babies next door?
My hon. Friend makes an important point. What I would be prepared to do is write to her setting out the range of powers that already exist. I know from my constituency that the police are not always aware of all the civil powers they have, in addition to the criminal powers, to tackle some of the antisocial behaviour associated with persistent drug use. I understand and recognise the challenge she is portraying. The troubled families programme is designed in part to help those families where a drug user has substance misuse problems and, in so doing, help the children living in those households.
(9 years, 5 months ago)
Commons Chamber
Mr Nuttall
To be quite honest, I entirely agree that anyone who has been the victim of domestic violence, or of violence outside the domestic setting, should be reporting that violence, and that applies to both men and women. Incidentally, the incidence of men reporting such violence because of fears that people might laugh at them is much lower than it is among women, particularly where domestic violence is concerned. How on earth anyone can think that just because the Government have ratified a convention, which most members of the public have never even heard of, will make one iota of difference to whether or not someone reports a crime is beyond me.
If the issue is whether I think that people should report domestic violence, then of course the answer is yes, but on whether I think that the figure will be changed as a result of the ratification of the convention, the answer is no, I do not. In countries where ratification has already taken place, the figures that have been provided by their ambassadors to my hon. Friend the Member for Shipley show that there is a very mixed picture—and that is putting it very modestly—of the effect that this convention has had in reducing the incidence of domestic violence. We all want to see violence against women, violence against men and domestic violence reduced—there is no issue about that—but this Bill is not about that.
Let me now return to the issue of the timescale, which is the main thrust of this Bill. The purpose is to try to tie down the Government to doing something and to stop this matter from drifting on. What do we have now? The words “the date by” have been replaced by “the timescale”. Previously, the report, which was to set out the date, had to be laid
“within four weeks of this Act receiving Royal Assent.”
That has been changed to
“as soon as reasonably practicable after this Act comes into force.”
There is a subtle change there. It is no longer after
“this Act receiving Royal Assent”.
Another Government amendment changes the date on which the Act comes into force from being the date on which the Act receives Royal Assent to a period of two months beginning on the day on which the Act is passed. So, we have a two-month delay, and then an unlimited amount of time before the report has to be laid. Even when the report is laid, all it has to do is set out a “timescale”—there is no specific date. Frankly, we might as well say it is the 12th of never, because that is essentially what this Bill is saying. No specific date is given and there are no provisions in the Bill to tie down the Government. If Members want proof of that assertion, they should simply ask this question: on what date would it be possible for anyone to turn around and look at this Act—if it passes through this place and the House of Lords—and say, “Ah, the Government have not complied with the Act.” I venture that it would be difficult to pick any day. The Bill is now so widely drafted that there would never be a date when it would not be possible for the Government to say, “We’re not quite there yet. We are dealing with things. It is not reasonably practicable at this stage to deliver the report.” Even if a report were delivered, we would still have to get over the hurdle of the timescale, which could be very vague indeed.
Much progress has been made under this Government, particularly when the Prime Minister was Home Secretary, with criminalising acts such as forced marriage, dealing with stalking, tackling female genital mutilation, and the domestic violence protection orders. I chair the all-party parliamentary group for women in Parliament. Does my hon. Friend agree that this global commitment is constructive in leading the way to continue the fight?
Mr Nuttall
My hon. Friend highlights some of the valuable work that the Government have already been doing without ratifying the convention. Other countries may well want to look at the work of this country to see whether they could improve their procedures and adopt some of the things we have been doing. It is interesting that my hon. Friend highlights those points because, of course, all that has happened without ratifying the Istanbul convention.
(9 years, 7 months ago)
Commons ChamberIt is an unbelievable thing to follow the hon. Member for Edinburgh West (Michelle Thomson), who has just shared a horrific event from 37 years ago. As the mother of two daughters, I find it very hard to comprehend the impact of such an incident on a 14-year-old and the sense of shame and blame.
Thank you for calling me to speak in this very important debate, Mr Speaker, and I congratulate the hon. Member for Feltham and Heston (Seema Malhotra) on securing it. It gives us an opportunity to share our experiences. This House is at its best when it speaks to the nation.
It is incredibly concerning and depressing, and deeply distressing, that we are having a debate about violence against women, because there are so many different themes to discuss. One of my first points was going to be about rape being used as a disgusting weapon of war, and about the fear and, as we have heard, the actuality of it happening to our youngsters on our streets.
Last night, I hosted an event with colleagues from the all-party group for women in Parliament and the women and enterprise all-party group to help, support, inspire and link with women in our communities. A diverse group of women came to Parliament to talk about their backgrounds and their growing and thriving networks.
Sadly, we have to accept that, as we have heard, women and children who live with gender-based inequality and the daily threat of violence are robbed of basic life chances and opportunities. Whether we are talking about acts of institutional violence against women worldwide or domestic abuse, so much needs to be done to protect women from gender-based violence. It is astonishing and heartbreaking that one third of women report experiencing physical or sexual violence—and that is just the women who feel able to report it. More than two thirds of family-related homicides are of our women.
In my constituency work, I hear weekly in my surgeries from people who are, as I realise when I sit there and listen to them, living with coercive control. We now have a law against it, and I have spoken to the Home Secretary and the chief constable of Hampshire police about understanding that law and the opportunity it gives us to protect people who find themselves living with coercive control. Even as they are sitting in my office and going through what the law covers, people start to recognise that it describes their situation.
I encounter constituents who tell me how they have had to deal with domestic violence and interact with the police. They describe living in fear and feeling under threat, and they ask me to feed into debates such as this the actuality of their situation. I am shocked by the controlling and threatening behaviour that people experience in relation to family courts. It still surprises me that people do not feel safe in a place where they are reporting what has happened to them so that they can go on to have a better life, which they truly deserve.
I welcome the Government’s work on a vital strategy to end violence against women, and their commitment to a transformation of service delivery and a long-term reduction in the terrible crimes that we are discussing. I am proud to have contributed to the work of the Women and Equalities Committee, and I congratulate my right hon. Friend the Member for Basingstoke (Mrs Miller)—she is not in her place at the moment—on the pure commitment and leadership she has shown to make the Committee effective, bold and vital to the work of the House. The strategy and the £80 million of associated funding that we have heard about will go some way towards fighting violence against women. I am especially pleased that, as we have heard, £20 million more will go towards supporting women’s refuges and helping councils to provide further accommodation for those—often women—who are fleeing violent partners.
I want to touch on three key areas on which I feel I can contribute to this debate: human trafficking, stalking and the international effort to stop violence against women. Human trafficking is widely accepted to be a form of violence directed against women. The police and other authorities identified at least 3,266 people last year who were thought to have been victims of modern slavery. I suspect, as we must all do, that the real number—including those who go undetected—is much higher.
The Government are doing excellent work to increase the rate of detection and liberate modern slaves from their abusers. Victims of modern slavery are often women who have been sold a lie. They are forced, with threats of violence, into this country and into degrading and dangerous servitude. While we debate this motion in a palace beside the river, women in this city are being beaten, enslaved and forced into prostitution. No effort is too great, and we must leave no stone unturned in finding and punishing the gangs responsible for those hideous crimes.
I welcome the work that the first Independent Anti-slavery Commissioner, Kevin Hyland, is doing. I hope that his recent report will shine a light on the acts of these despicable criminal gangs, and that we will capture and bring to justice the gangs that exploit our women. The Department for International Development “Work in Freedom” programme has reached more than 200,000 people so far, and I am delighted that the Government are supporting DFID’s aid budget.
Under section 111 of the Protection of Freedoms Act 2012, the Government created two new stalking offences. The more serious of the two is the section 4A offence, which is defined as:
“Stalking involving fear of violence or serious alarm or distress”.
There, again, we see the recurring theme of women facing the threat of violence. The number of prosecutions has risen dramatically every year, from 91 in the first six months to more than 1,100 commenced in 2014-15. In December 2015, the Home Office published a consultation on the introduction of a stalking protection order for cases of “stranger stalking”.
I thank my hon. Friend the Member for Cheltenham (Alex Chalk) for his work and focus on that terrible crime, and I share with him personal experience of it from my former career. I was also affected by the confusion surrounding the Data Protection Act—the idea that it was safe for me not to know the identity of the person who was stalking me because of data protection concerns. It was a terrible personal experience.
The summary of the consultation responses was published yesterday. An astonishing 20% of respondents stressed that there was a lack of understanding of stalking among professionals, including the police, and, sadly, a continued failure to take it seriously. Interestingly, it appears that the consultation responses are broadly in favour of increasing the strength of the law in this area. I absolutely agree, and I am very pleased that the Government have announced that they will introduce a new civil stalking protection order. That is a good measure, which should go some way to strengthening the law.
Finally, I want to touch on the international effort. I congratulate the Secretary of State for International Development on her work in this area. We are contributing £8 million to the UN trust fund to end violence against women and £35 million to the programme to reduce female genital mutilation, and that money is having an effect. Earlier this year, I had the pleasure of going to the Women of the Year lunch, at which one attendee took me to one side and said that she applauded the Conservative party and our Government for tackling FGM. She said that our Prime Minister had led the way in this matter. She went on to say that we were the only party that realised that we had nothing in it for us, so we were able to go where others had not dared to tread.
My hon. Friend is so right about FGM. The issue has slightly gone off the burner in the last few months, and it must come back again. Does she agree that it is absolutely vital that we get proper prosecutions? Does she also agree on the importance of the International Development (Gender Equality) Act 2014, which is being implemented by the Government?
I was very proud to sit at the Women of the Year lunch with some really diverse and fantastic ladies from around the country who had done a great deal of positive work in this area, and to know that people felt that we had gone into an area that had been left and ignored for a long time. I absolutely agree with my hon. Friend.
The UK’s contribution to women’s rights organisations is critical to ensure that there is an international and co-ordinated effort to deal with the crimes that we are discussing. The debate is part of that effort, and I am delighted to contribute to it. The UN International Day for the Elimination of Violence against Women is, as we have heard, held on 25 November, and the 16 days of vital activism highlight all the important issues. We have made the UK one of the leading voices in the world, and I am proud to support the Government in doing so.
Many statistics have been cited to describe the truly enormous amount of work that needs to be done. However, these are not just statistics; they are mothers, daughters, sisters, nieces, friends and colleagues. If we are truly to end violence against women and girls, we need to make sure that there is no part of the world, state or society where the abuse of women is allowed, and no lack of laws, laws left unused or inappropriate laws that mean such abuse is allowed. We need to crush the human trafficking gangs, and we need to strengthen our institutional resolve to fight violence in this country. More needs to be done so that no sister is left behind, or, even worse, ever feels that she is left so.
(9 years, 8 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The main criterion we would look at is gender, as we know that girls are more likely to be victims of sexual exploitation, but if any other individuals were in that category, they would also be considered.
How many criminal gangs that have been exploiting these young people in Calais have been stopped due to our co-operation with France? What have we learned from those arrests in terms of the future safety of our borders?
There have been a number of interceptions in France of these criminal gangs, and I am pleased to say that the number of interceptions has increased. Indeed, we have also had arrests in the United Kingdom, some of which have come to court. This is something we are very determined to address. These criminal gangs profit from people’s misery, and they must be prevented from doing so.
(9 years, 8 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
I am grateful to the hon. Gentleman for that intervention. He is absolutely right: offering that protection to dogs will lend further support to handlers and to their colleagues more widely.
I did not know until I was made aware by the “Finn’s Law” campaign that the only mechanism for charging someone who assaults or kills a police dog or horse is in section 4 of the Animal Welfare Act 2006. Conviction carries a maximum penalty of six months in prison. Alternatively, in the most serious cases, an offender can be charged with criminal damage. Kent Police Federation tweeted me yesterday and summed the position up perfectly. It said that
“the Finn’s law campaign isn’t about the law treating Police Dogs the same as cops, but it is about treating them better than a broken window.”
I understand that a constructive meeting has already taken place between the campaign team and the Policing Minister, which is encouraging, but I think the Minister already knows my view: police officers and police animals alike deserve the full backing of the justice system, and tough sentences must play a role in deterring anyone who thinks that it is acceptable to assault either a police officer or a police animal—quite often it is both. That simply must not be tolerated.
Although I welcome the recent progress made, as with assaults on police officers it has been difficult to establish the scale of the problem of assaults on police animals because of a lack of official statistics. That is partly due to the difficulties of getting an offence to court and securing a conviction, as we have heard. The evidence required to secure either an animal welfare or a criminal damage conviction has to clear such a high threshold that offences are, sadly, going unpunished. To prove criminal damage, it has to be shown that property—a dog or horse in this instance—has been deliberately or recklessly broken, permanently or temporarily. Bruises and cuts resulting from kicks or punches are almost impossible to demonstrate under an animal’s fur. Similar challenges apply under the Animal Welfare Act: it would need to be proved that an offender inflicted “unnecessary suffering” on an animal and did so deliberately. If an offender claimed that a kick to a police dog’s head was an involuntary reaction to being scared, for example, a prosecution would be difficult to secure.
The average cost of the initial training of a police dog is about £20,000, and the lifetime cost, including vets’ bills, food and kennelling, is about £50,000. That is a significant investment on the part of a police force, but it makes that investment because police dogs are a highly trained asset and incredibly effective at what they do. However, precisely because of what they do, they are exposed to heightened and very different risks from other animals, and I agree with the “Finn’s Law” campaign that that should be reflected in the laws that protect them.
I salute the hon. Lady on the “Protect the Protectors” campaign. This weekend, I stood among people laying remembrance wreaths. People from all different parts of the services were paying their respects to the people who gave their lives for our country. The work that we are doing today on the safety of police officers is similarly important. I served on the Policing and Crime Bill Committee, and this matter was not raised as an opportunity to support police dogs and horses. Does the hon. Lady think that this debate is an opportunity to ask the Minister whether the protection can be extended?
I thank the hon. Lady very much for that intervention. She is absolutely right, and it perhaps was a missed opportunity that we did not address the matter at that opportune moment, but hopefully not too much time has been lost and we have the ability to correct that mistake today.
I asked the Police Federation whether it had cases of assaults on police animals and details of whether convictions had been secured following those assaults, and some really troubling stories were passed on to me. In February 2013, police dog Euro was repeatedly punched around the head and kicked in what his handler described as a “violent and unpredicted” attack; Euro sustained bruising and cuts to his mouth and lip. In that instance, the offender was charged and found guilty of the offence of criminal damage to police property, but only received a community order and was ordered to pay court costs. Police dog Buzz, who I mentioned earlier, was attending a large public order incident and was kicked in the head, sustaining injuries to his tongue and the inside of his mouth. On that occasion, the offender was detained and charged under the Animal Welfare Act.
Sam, a nine-year-old German Shepherd police dog, was asked to give chase to a driver who ran from a vehicle. The man climbed on top of another car and began kicking Sam’s head; when Sam managed to pull the offender from the roof of the car, the male then began to twist the police dog’s collar, restricting his airway until he was unconscious. The dog’s handler, PC Ian Head, had to draw his baton in order to get the male to let go of Sam’s collar. Fortunately, Sam slowly began to regain consciousness, and a short time later got back to work assisting with the arrest of the offender. The offender in question was later charged with failing to provide a specimen on suspicion of drink-driving, which was the more serious of the charges against him. Part of the problem that needs to be addressed, which is often the case in prosecuting assaults on police officers as well as on animals, is that the circumstances leading to the assault take precedence, with the most serious charges being pursued at the expense of lesser charges. Too often, animal welfare charges, and even police assault charges, have been sidelined.
Those are some of the assaults that have been recorded and did go to court, but the feedback from dog handlers is that in the vast majority of cases the injuries sustained do not meet the evidence threshold required to secure a prosecution, so much of that information is then lost and not recorded. The “Finn’s Law” team spoke to 71 serving dog handlers, 75.7% of whom said that their dog had been either kicked or punched in the line of duty. Only 8% saw charges brought, with 82% of assaults on police dogs going uncharged. Some 10% of those surveyed said that they had experienced their dogs being stabbed or seriously injured.
Other countries have successfully introduced much tougher deterrents, as the hon. Member for Northampton South said. In America, specific federal laws apply to anyone who harms an animal used in law enforcement. The law states:
“Whoever willfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years.”
In this instance, “police animal” refers to
“a dog or horse employed by a Federal agency… for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.”
In Canada, Quanto’s law extends similar protections to all service animals used in law enforcement, the military and for individuals with disabilities or specific medical needs. Quanto was a police dog who was fatally stabbed while helping to apprehend a fleeing suspect. The federal law in his name means that jail sentences of up to five years can now be imposed on anyone who intentionally kills a police dog or service animal.
I said that I have had some horrible examples passed to me. I want to share one of the most awful, because to me it shows the risks that both police officers and police animals face and why our justice system must offer the greatest possible protection to them both. It dates back to 1998 and was recounted to me by a Federation representative.
Police officers attended a domestic incident, where dog handler PC Churms arrived with police dog Bryn. Shouting and screaming could be heard from inside the premises, so PC Churms advised other attending officers that he would deploy with Bryn. As he approached the house, a male appeared holding a hunter’s rifle with a silencer to the head of his female partner. The officers with PC Churms backed off, and he and police dog Bryn were left with the offender in the confines of a garden. The officer attempted to negotiate a successful outcome, but as he attempted to quieten Bryn he was shot in the leg causing significant injury. As the offender lifted the gun to shoot the officer again, PC Churms released Bryn in an attempt to bring the male under control and protect himself and the female. Police dog Bryn was killed with a single fatal shot to the head. The female attempted to run off and was shot in the shoulder. The offender dragged the female back and forced the barrel of the gun into the officer’s mouth and said, “I will come back for you,” before dragging the female away. The officer dragged himself into the street and was taken into a neighbour’s house, where they barricaded themselves and the officer was tended to.
The risks faced by our front-line officers and animals alike could not be more serious. I hope that tougher sentences for those who assault police dogs will serve to keep both dogs and handlers that bit safer in the line of duty, as the hon. Member for Colne Valley (Jason McCartney) said.
I am reassured that the Minister has met with the “Finn’s Law” campaign team. Once again, I thank the “Finn’s Law” team for the work they have done in putting this issue on the political agenda. For me, the challenge with granting police animals the same protections as police officers is that I am still of the opinion there is much more we should be doing in relation to police officer safety, so I am hoping to keep going with the broader debate about how we protect our protectors and keep front-line officers and animals safe in the line of duty. I hope that the Minister is able to reflect on the examples from other countries, as well as on some of the tales of police animal bravery that we have heard today, and think about what more can be done to offer police animals like Finn the greatest possible protection.
(10 years ago)
Commons ChamberThe right hon. Gentleman is right that this cannot be solved by Government alone or by legislation. This is something we all have to act on. The hate crime action plan we are working on is cross-Government, but it cuts across all sectors and all parts of society, including civil society, local government and other agencies.
As a member of the Women and Equalities Committee, I welcome the comments by the Chair of that Committee, my right hon. Friend the Member for Basingstoke (Mrs Miller). I also welcome the Minister’s important statement. It is absolutely right that we do not allow this behaviour to be ignored. It is wrong, pure and simple. There are no excuses. Will the Minister confirm that anybody using the referendum as an excuse to commit hate crime will be made an example of, and that there will be no hiding spaces, whether online, in our schools, in our workplaces or around our religious places of worship?
I absolutely agree with my hon. Friend. There is no excuse at all for this behaviour. As I said earlier, I know the hard-working, loyal British people who voted in the referendum will want nothing to do with this behaviour and certainly do not want it to be used as an excuse for it.
(10 years, 3 months ago)
Public Bill CommitteesThe hon. Gentleman makes a valid point. I had ministerial responsibility for Action Fraud, then my right hon. Friend the Policing Minister covered it and it now sits within the portfolio of the Minister for Security. We have all identified that problem and the City of London police are taking action to address that. They understand that feedback.
There has been a problem that local forces feel that they can pass the information to Action Fraud and it will deal with everything. There is a still an obligation on the local force to feed back to the individual. The crime has still been committed on that individual in the local force area, and it is incredibly important, and incumbent on the local force— working with Action Fraud—to make sure that feedback is given. I echo the hon. Gentleman’s comments.
It is important to make the point that crime is crime—whether it happens online or offline, it is crime. Somebody stealing money from someone is theft. It may be fraud. It may be that it could be prosecuted under some other offence, but it does not matter what the offence is—it is still crime. We need to make sure that the police have the capabilities to understand where the evidence is. It is not like somebody breaking into your home leaving fingerprints, but they will be leaving fingerprints online. There will be digital fingerprints all the way back. We need to make sure that the forces have the capability to see that and that local forces also know the opportunities that this affords.
One of my favourite examples of the great opportunity of online is that if somebody breaks into a house and they are carrying a smartphone, it will try to find the wi-fi. There will be a digital fingerprint from that smartphone. That is an opportunity for local forces to be able to crack more crimes.
We need to ensure that training is happening. Working across the Home Office with local forces, the National Crime Agency and ROCUs, I know that there is an incredible amount of work going on to ensure that local forces and police officers—bobbies on the beat—understand the problem that they are dealing with and how to tackle it. But it is crime. It does not matter whether it is online or offline: it is crime.
Turning to the new clauses, I will deal first with new clause 16, which calls for a digital crime review. As the hon. Member for Dwyfor Meirionnydd explained, the aim of such a review is to consolidate into a single statute criminal offences and other powers relevant to tackling digital crime and the misuse of digital devices and services. She made a very persuasive argument, but I am far from persuaded that such a lengthy and costly exercise would deliver the benefits she seeks. I do not accept her premise that the criminal law is defective in this area. As a general principle, any action that is illegal offline is also illegal online.
Legislation passed before—in some cases, well before—the digital age has shown itself sufficiently robust and flexible to be used today to punish online offending. Consequently, most of the long list of statutes and offences in new clause 16 relate to offending that may be carried out by both digital and non-digital means. I think the terminology is that this is cyber-enabled crime: it is the same crime that has always happened—it is just that the digital platform of the internet enables criminals from thousands of miles away to have access to victims here in the UK and across the world that they would never have had access to without the internet.
Crime is crime. It does not matter whether it is 20th-century or 21st-century crime—it is crime, and it needs to be tackled. The offences that have long been tested in the courts and in the legal system are the right ones to use, whether they have been committed online or offline.
The new clause suggests that the Government should review, with a view to producing a single statute, all legislation
“which contains powers to prosecute individuals who may have been involved in the commission of digital crime”.
It would be difficult, if not impossible, to separate all those powers from those used to prosecute non-digital crime. The new statute would not consolidate the powers, as the new clause suggests. Rather, it would inevitably reproduce and duplicate many existing offences, which would also need to be retained in existing legislation for non-digital offending.
That is not to say that, where we identify specific gaps in the law or new behaviours that ought to be criminalised, we will not take action to plug those gaps. Indeed, the Bill will criminalise the live streaming of offences relating to the sexual exploitation of children. Years ago, none of us would even have thought it possible, but there is live streaming and we need to make sure that we deal with it.
Likewise, in the last Parliament we created a new criminal offence of disclosing private sexual photographs and films
“without the consent of an individual who appears in the photograph or film, and with the intention of causing that individual distress.”
That is what we would perhaps call revenge porn. I think we can all see that that crime may have been committed before, but a partner sharing a photograph with a few friends in the pub, although equally offensive, is not as destructive as that photograph appearing online and being available across the world for millions of people to see. It is very important that where there is criminality and we see gaps like that, we act. We are determined to do so, and will continue to do so. I mentioned that the hon. Lady’s predecessor was a member of the Public Bill Committee that considered the Serious Crime Act 2015. In that Act, we further strengthened the Computer Misuse Act 1990.
New clause 17 seeks to create a raft of new offences relating to digital surveillance and monitoring. I presume that the intention is to address issues such as harassment and stalking offences, which can now occur through digital means. I want to be absolutely clear: abusive and threatening behaviour, in whatever form and whoever the target, is totally unacceptable. That includes harassment committed in person or using phones or the internet. The Protection from Harassment Act 1997 introduced specific provisions to deal with incidents of harassment, including the offences of harassment and putting people in fear of violence—offences that may be committed by online or offline behaviour, or a mixture. The 1997 Act also enables victims to apply for an injunction to restrain an individual from conduct that amounts to harassment, and it gives courts the power to make restraining orders. Those powers are regularly used to successfully prosecute offences committed by digital means.
I want to add one other point. I do not think that the issue we are discussing is whether the offence exists or whether it is sufficient; it is about understanding the offences and ensuring that the public and law enforcement know the offences and use them appropriately. I have experience of this in my own constituency: a business run by one of my constituents was subjected to an online trolling attack. I made the point that if my constituent had walked down the street and paint had been thrown at her, we would all have understood that offence. This was, effectively, digital paint being thrown at her from hundreds of miles away to destroy her business. That does not change the fact that she was being harassed. The issue is not that the offences are in some way lacking; it is about ensuring that they are known and understood, and that appropriate evidence is gathered.
Does the Minister agree that online and offline behaviour is partly an educational issue? If my 12-year-old was at the shops for four or five hours, doing what they wanted, unmonitored and unchecked, I would certainly ask who they were talking to, what they were doing and what was going on. There are parents who allow this behaviour, probably not seeing the dangers out there in respect of who children are talking to and what they are getting up to for a significant amount of time.
My hon. Friend is absolutely right. That is so important. I co-chair, along with the Minister for Children and Families and Baroness Shields, the UK Council for Child Internet Safety—UKCCIS. It is a very important forum, bringing together internet service providers, education providers and people who have the ability to influence young people and parents. Parents must understand that they need to turn their filters on; it may be a pain to have to occasionally put in a password when looking at a website, but those filters will protect their children.
We are also consulting on age verification for pornography. When I was growing up, it was not possible to access the kind of images that children can download on their smartphones and look at in playgrounds up and down the country. It simply was not available. Again, we have to be clear: if a child cannot purchase that material offline in a corner shop, newsagent or specialist retailer, they should not be able to access it online. We need to make sure that we have those safeguards in place.
We need to get rid of any suggestion that this is too difficult or too hard, and say to parents that they need to understand what the dangers are and to make sure that filters are in place so that their children are protected online. Schools have a role to play in that, too, as we all do. I would be happy to write to all Committee members on the work that we are doing, which they can share with their constituents and local headteachers. I will be delighted if we can get more information to headteachers and others about the work that is being done to protect children online.
New clause 18 deals with digital crime training and education, which is linked to the point that my hon. Friend the Member for Eastleigh made. I support the underlying objective, but I do not think that we need to legislate to require police forces to provide such training. Since the introduction of the College of Policing’s cybercrime training course in February 2014, more than 150,000 modules have been completed across all forces, and in September last year the College of Policing launched the second phase of its mainstream cybercrime training course for police forces. This is a modular course consisting of a series of self-taught and interactive modules that are accessible to all police officers and staff, which provides an introduction to how to recognise and investigate cybercrimes.
We need to get rid of the barriers and obstacles that make people think that they cannot investigate a crime because it happened online. They absolutely can; it is the same type of crime. It is money being stolen, it is harassment, it is stalking or it is grooming. These are all crimes. The fact that they happen online does not change the nature of the crime.
Additionally, more than 3,900 National Crime Agency officers have completed digital awareness training as part of equipping the next generation of highly-skilled digital detectives. The national policing lead for digital investigation and intelligence is co-ordinating a programme of activities to equip forces with the capabilities and technology to effectively police in a digital age and protect victims of digital crime. We need to repeat this point: it is not for the Home Office to mandate this training. Whitehall does not know best here. Delivering that training is something that the police are rightly leading on.
In conclusion, the Government recognise that tackling digital crime is one of the most important challenges that the police face today, and we continue to support and invest in the police to ensure that they have the resources and the capability to respond effectively. Having answered the points that the hon. Member for Dwyfor Meirionnydd made, I hope that I have persuaded her not to press her new clauses.
(10 years, 4 months ago)
Public Bill CommitteesQ There is a duty to co-operate in the Bill, in another context. That is something you might want to give consideration to, in terms of further representations to us.
Alan Wardle: Particularly around the data aspects of that, yes.
Q I was just wondering about the data sharing and the duty to co-operate, and about what is appropriate and how children end up being exploited in a particular situation. Is schooling an area where you feel there should be better information about what is appropriate and where data should be shared when inappropriate behaviour has been found, perhaps within the school community in lessons?
Cassandra Harrison: Absolutely. Schools have a really vital role to play in protecting children from sexual exploitation. We know that they are the one universal service that sees pretty much all children, apart from those outside mainstream education.
It is really important that they can understand what is appropriate for them to share and for their role—it is schools, but also police and the health service, which has also been mentioned. In addition to any legislative proposals that would help to strengthen information sharing, which I would really welcome, we should not underestimate some of the cultural challenges, which are some of the hardest ones to get over. There already are certain duties, but making sure that those are really enacted in practice and giving people the understanding and confidence to be able to know when to do something is a really important part of that.
Q Do think this is a mainstream issue, with inappropriate behaviour coming into mainstream, and schools, charities and people such as you—and the police at the extreme end—are picking up the pieces? Do you think in the Bill we can make a real change on that and get action earlier?
Cassandra Harrison: Certain stereotypes about victims of child sexual exploitation and who is affected have been quite prevalent, whereas actually we know from our work on the ground—last year, over 3,000 young people were affected by sexual exploitation—that this happens to children from all different kinds of backgrounds and communities, so we need to be careful to make sure we understand that, in your words, it is a mainstream issue, particularly, as Alan said, with the increase of online abuse. We carried out some research with our services recently that showed that this is now really affecting all children, because all children use the internet as part of their daily lives.
In terms of what might be able to be done, I think some of what you are hinting at is around sexting and things like that, which schools are increasingly seeing but perhaps they are not sure how to deal with it. I have already talked a bit about harmful sexual behaviour and making sure we have an appropriate response to those children, and I think providing greater clarity to schools—I think some work is already underway—to help them to be really confident about what kind of situation is concerning, and whether they need to take action in terms of the police or whether they can just deal with it in the school environment in an appropriate way, with the involvement of parents as appropriate, is important.
Alan Wardle: The sharing of that information is key so that schools do have that. Cassie is right that on the one hand it is an issue that affects children from all sorts of communities, but we do know that children who are particularly vulnerable are often targeted, whether that is within the school and whether with adults and whether those are children in care or perhaps, as we often see in places like Rotherham, girls who are going off the tracks a little bit at a certain stage in their life.
So how do schools, GPs and so on identify those children who are most at risk and then share that information and communicate that across the public services so that there is a joined-up response in local areas? Local areas need to see what types of behaviours are worrying them—is it grooming by certain groups or communities, or are there particular issues with peer-to-peer abuse within schools?—and make sure there is a tailored response to each of those. But actually one of the key things is making sure that information is shared across to ensure that we are seeking to best protect those children at an early stage rather than waiting for it to escalate to some of the problems we have seen in other places.
Cassandra Harrison: My understanding is that where children themselves have displayed harmful sexual behaviour but they are under 10 years old, because they are under the age of criminal responsibility that information is not necessarily shared, so if an incident happens when they are teenagers, the fact that there were incidents at an earlier age might not be picked up. That is something that might want to be considered.
Q You mentioned schooling and medical services, but do you think that providers of digital platforms have a greater role to play in prevention and in sharing data?
Alan Wardle: Yes, as a short way of saying that. A lot of the tech companies are doing a lot of good work, particularly around ensuring that, for instance, a proliferation of illegal images of children is not able to be sent through their networks and so on. However, we do think that more can be done. There are some technologies that are available: anti-grooming technology, for instance, which some social network sites have.
There is a real lack of transparency among some of the big tech companies about how they moderate their sites, how many people have been groomed, how many images are being shared and how long it takes to respond to these things. So we know that they are doing things, but there is a lack of transparency. Again, openness about that data and sharing that data would be very helpful so that we would be better able to respond from a policy perspective to what is going on online, because that is where most children are. A lot of the big players—the Facebooks and the like—are the good guys. They are the ones who are around the table, having the conversation. More of the problems are with the unregulated sites in places such as eastern Europe, where it is very difficult for law enforcement to get to, and with ensuring that we get information about them and help parents and children to know what is going on so that they are better able to protect themselves.
Q May I raise a completely separate issue? Sara, I remember an event that we were at last year where you talked about the new challenges of vulnerability and information. We heard earlier very impressive evidence from children’s organisations. In the Bill, we talk about a duty to collaborate and to co-operate, but in a different context. In relation to information and vulnerability, do you think ensuring that all statutory agencies fully and properly play their part in the identification of vulnerability by way of data sharing is something that we might usefully address in the Bill?
Sara Thornton: In terms of data sharing, I do not think that the problem is with legislation or lack of legislation. I think it is, for whatever reason, a lack of will or of a culture. Sometimes, frankly, it is lack of understanding of the law. I am not sure it needs any further legislation.
Q Will you comment on the potential changes to the rank structure and whether there is a feeling at the moment that it is fit for purpose?
Sara Thornton: The College of Policing completed a leadership review last year. It made 10 recommendations, one of which was to look at the rank structure. As part of the debate about implementation, the question was asked, “Who owns the rank structure?”. It was unclear whether it was the Home Secretary, the chief constables or the college, thus the reason for this in the Bill.
My colleague, Francis Habgood, the chief of Thames Valley, is leading some work with the College of Policing to look at potentially rationalising the rank structure. Some of the work they are doing at the moment is looking at five key levels. It is very much a work in progress, but I think that all chiefs, when they read the leadership review, understood the issue and were pretty confident and supportive that we needed to do some work on it.
Q Police and firefighters perform very different roles. Firefighters have a right to strike, as is reflected in their particular terms and conditions. Police officers face significant restrictions on their public life and business interests that do not apply to firefighters. For many retained firefighters—part-time firefighters—a second job is essential. Do you think it would be unnecessary and inappropriate to inflict these terms and conditions on firefighters?
Sara Thornton: We already have experience in police forces. As a chief constable, I had police officers and police staff. Police staff were largely unionised, they could strike and they were not subject to the same terms and conditions. My argument would be that chief constables are quite used to running an organisation where there are different terms and conditions of service—some people can strike and some cannot. When I was a chief officer, on the few occasions when the unions did strike, it caused some minimal tension, but it was manageable.
Q I was going to go on to ask about the changes to the firearms legislation and whether you believe it will help to keep the public safer.
Sara Thornton: My colleagues who run the National Ballistics Intelligence Service have been very involved with the work of civil servants and the Law Commission on this area. It is not an area I am expert in, but I understand from them that they are very supportive of the clarity of definition in the terms “lethal” and “component parts”, and of the offence for articles that would convert a firearm. Their one concern is on the definition of “antique firearm”. They would like the addition that it should be something that was manufactured prior to 1919, to make it absolutely clear. If that was added to the Bill, then they are very supportive of what is in there.
What is interesting, from doing some research for this appearance today, is just how many antique firearms are involved in crime. It is a significant number, and it is important that we deal with them.
Assistant Commissioner Rowley: If I may add to that, from a counter-terrorism perspective, one of the handful of factors that gives us an advantage in the UK is the low availability of firearms. It is not something that we should be at all complacent about because it is clearly not at zero and we have seen changes in the marketplace, so if Parliament is prepared to tighten up these loopholes, that is just another step in trying to maintain the competitive advantage that we have.
Q May I go back to collaboration? I will ask much the same the question that I asked the last panel, which is on the patchiness in the collaboration between emergency services. While we have examples of excellent practice across the country, there are examples where there has been resistance to change. I am interested in your views on the duty to collaborate and the extension of responsibilities. Specifically, I would like to understand how you feel about the single employer model and how that could improve the efficiency and effectiveness of the services.
Sara Thornton: Of course, the pattern of collaboration for police forces has not primarily been among emergency services but with other police forces and, in some cases, with local authorities and other organisations. There are substantial amounts of collaboration across the country—whether with regard to counter-terrorism, organised crime, the provision of firearms or the provision of technology—that are largely between forces.
In terms of collaboration with the fire brigade and the ambulance service, I think the duty to collaborate, which is on the face of the Bill, sends a very strong signal from Government that, “This is what we want you to do.” As you say, there are already some collaboration activities. They are patchy, but quite frankly there has never been that duty to collaborate. I think this is Parliament saying to the forces, the fire service and the ambulance service, “We want you to do this.”
In terms of what it says about police and crime commissioners, as I have understood it, where a local case is made, there can either be the governance arrangements or, indeed, the single employer. Again, that is where the local case is made—I think that provides a reasonable safeguard. Of course, there are areas where the police service is not coterminous with the fire service, but that is not the majority of areas. There are cases—for example, Dave Etheridge, my former colleague from Oxfordshire who was here earlier today—where they are part of the county council. It would be quite difficult to extricate part of the county council, but in a lot of places, if a local case is made, it seems to me that it is not insurmountable.
Since this was announced, I have met the chief fire officers. We have set up a little working group of chief police officers working with the chief fire officers. They are coming to the chief constables’ council in April because we are very keen to talk and to work out how we can shape this together to ensure that we can work together to protect the public.
Q Local council services?
Dr Chalmers: Yes, local authority, health and social care—and it should be accountable. There are two things that the college would like to bring to your attention for consideration. One is that there should be reporting through CCGs to the Secretary of State about the state of crisis services in the area and how they are developing, or not, against the concordat aims. There is also an anomaly within the code of practice to the Mental Health Act, which requires people like me—section 12 doctors, AMHPs—to be bound by the good practice in the code, but requires commissioners to just take account of it. They should have a statutory obligation to work within the code of practice, because the principles underpinning the code of least restrictive option would work. We should focus that on our area—what we are doing in our area to provide services that could avert crisis and alternatives to the dreadful situations that everyone finds themselves in, where they have to do the least worse thing.
Q I want to ask Dr Chalmers about that place of safety and the work with CCGs and local authorities. I have experienced that in my patch: there is a kind of falling through the cracks, where the police do not want to use their cells as a place of safety. Do you feel that perhaps there should be some community hub, house or building? How would you term a place of safety? Is there some kind of crisis centre that we are missing, which CCGs could provide?
Dr Chalmers: I think we are always going to require the current, classic, hospital-based place of safety. In my ideal world that would be co-located with physical health services. In the use of section 136, among the problems that we see people presenting with, the problem of intoxication—not just with alcohol but now with so-called legal highs and synthetic cannabis—can cause people to crash very suddenly. Somebody who looks as though they are in crisis can become very physically unwell. There is an argument for having centres of excellence in urban areas, on the model of centres for stroke and cardiac emergencies, where the expertise is situated and you can move between one and the other.
For some people we also need some level of security. In its guidance the college specifies what a good section 136 suite looks like. I had the unfortunate news from a Health and Safety Executive investigator where someone was taken to a hospital-based place of safety where you could just open the door and walk out, and a tragedy ensued. For some people, there has to be a degree of security.
My colleagues in the child and adolescent faculty would highlight that a safe place for someone in crisis to be assessed is also necessary, particularly for children. The rough and ready survey that was done suggested that of the children who were picked up on a section 136, 30% do not have mental health needs and instead need social care and social responses. In an ideal setting, there would be a safe place for children to go that is age appropriate, too. Rooms have to be safe, so they look stark and sterile, but you can imagine a safe place for children where their families could come. Often with a section 136 suite there are no places for families to come and visit.
There is some evidence about alternative places before people are placed on a section 136, such as crisis houses. The crisis concordat is very good at flagging up areas of good practice. There was an initiative in Leeds that has been very successful. There was one using the Richmond Fellowship in Sussex, and that has been reported on. As I understand it—this may not be correct—the numbers were so small that they have expanded the resource to be a safe place to be in crisis. There is also the use of peer support. In London, users of service have provided safe places—they call them cafés—where people can go and be in a safe place with people to talk to.
I started by saying that you should not see 136 in isolation. I think you will get into trouble trying to fix one small part of the system; you will have knock-on effects and unintended consequences. You have to see it in the round of crisis responses.
The Chair
It is now 27 minutes past four. We have got three minutes left and two Members who want to ask questions. I do not think it is possible to get answers to two questions in the time available.
Q I want to go back to what you said about putting a time limit on bail. Surely, the current system, where we have no restrictions on bail, must be counterproductive? You said people would have to react more quickly, but surely a time limit focuses minds, makes people react more quickly, becomes much more productive and frees up more time in the long run? Surely, that seems like a common-sense approach?
Alex Marshall: I can see the purpose of a time limit. All I will say is that, so far, from the data we have looked at, the numbers are very high in terms of people who need to be bailed or who are bailed—whether they need to be, of course, becomes an interesting question—for more than 28 days to receive back forensic analysis, phone analysis, computer analysis, doctor statements and victim and witness statements from vulnerable people. Yes, of course, if people are working to a deadline, we might see a better response from all those other parties I have just listed. I just say: be careful about the resourcing consequences of imposing 28 days if that is not achievable by all those other parties. But yes, I get the common sense of your point.
Q I want to pick up a question that I have asked during the day of different witnesses and put it to Alex. It is regarding the requirements around the rank structure, the changes there, how the current structure fulfils the requirements and how you envisage things going forward in terms of your role.
Alex Marshall: Last year, the College of Policing conducted a leadership review, saying, “We know that the nature of police work is changing quite substantially. What, over the next 10 to 15 years, do we need in terms of police leadership?” We have made 10 recommendations, which I think taken together would make quite a positive difference. One of them looks at hierarchy in policing. To put it in very simple terms, in a serious emergency the command structure in the police and other emergency services and other agencies is a very useful way of being clear about who is in charge, what the lines of accountability are and where difficult, critical decisions are made.
Having excessive hierarchy in any organisation, including the police—this is what we learnt during the leadership review—stifles innovation. Also, we want the professional at the front end to be a well educated, well trained, skilled individual who is accountable for the decisions that they make, like the community midwife coming to your house. We want that person to be taking responsibility for their decisions. We do not want hierarchy that stifles that decision making or innovation in the organisation. We think that at the moment the number of ranks in policing is probably too many, and that work is happening at the moment.
The Chair
If there are no further questions from hon. Members, I thank the witnesses for their evidence. It has been really helpful and insightful.
Dame Anne Owers: I just want to signal that we have some comments to make on the provisions about investigations of chief constables and others and about whistleblowers, which we can write to the Committee about if that would be helpful.
(10 years, 7 months ago)
Commons ChamberLet me address the hon. Lady’s first intervention and then I will be happy to give way to her again.
Although I represent North Dorset, I have the most enormous pleasure—the first prize in the lottery of life—to be a Welshman. I was hoping for some supportive comments there, but no. I come from Cardiff—a very mixed, culturally diverse city, which, thank God, has hitherto had very little tension between the communities. However, it was becoming an issue back in the 2010 election, and people are very keen, irrespective of the immigrant make-up of a community, to address it. That is what this Bill is all about, and what all these amendments—
Before I give way to my hon. Friend I must first take the intervention from the hon. Member for Glasgow North East (Anne McLaughlin).
Unlike Lord Green, I had no difficulty understanding what she and the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), who knows precisely what I am referring to, said at any time in Committee. However, the tone and the tenor, the winks and the nods, and the direction of travel of the questions and the amendments in Committee—and, indeed, of the amendments today—can only lead one to assume that SNP Members, for reasons that are entirely respectable for them to deploy, do not believe in having any control of immigration at all. That is the narrative arising from the heartland of the hon. Lady’s speeches. The hon. Gentleman, who was also a member of the Public Bill Committee, told us that nobody raised with him the issue of immigration on the doorstep during the election campaign.
I want to go back to our thoughtful discussions in Committee, in which the issues were well debated. I agree with my hon. Friends the Members for Castle Point (Rebecca Harris), for Norwich North (Chloe Smith) and for North Dorset (Simon Hoare), who said that immigration was the No. 1 issue on the doorstep. In Eastleigh post the by-election—we were third, before moving into second place and then absolutely came first—we had to reflect that fact in our deliberations. It was disingenuous to hear about one lawyer who represented a freedom of movement blog. Immigration was the No. 1 issue, and the caseload left us by the Labour party—
Madam Deputy Speaker (Natascha Engel)
Order. The hon. Lady is hoping to catch my eye later in the debate. I suggest that she saves her very full intervention for then.
(10 years, 8 months ago)
Commons ChamberMy hon. Friend, who of course has put himself on the line to maintain our security and defend this country, makes a very important point. Most members of the public want to know that the authorities have the powers they need to keep them safe, but they also want to ensure that those powers are exercised properly, and that is where the safeguards that we have put in this Bill are so important.
I, too, welcome the statement. I have also been alarmed by the terming of the so-called snoopers charter and, unsurprisingly, have had correspondence from concerned constituents, but as a forward-looking Government, doing nothing is not an option. We should listen to the police chiefs and give them those essential tools. Does the Home Secretary agree?
Yes, that is important. The police have been very clear that they need these tools if they are going to be able to continue to do the job we want them to do in relation to serious and organised criminals and particularly in relation to paedophiles. On the first point my hon. Friend made, that is why I particularly welcome the comment made by the right hon. Member for Leigh (Andy Burnham): across this House we can send out a message today that this Bill is not about mass surveillance.