Home Affairs

Robert Buckland Excerpts

Tuesday 10th June 2014 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

It is a pleasure to follow the hon. Member for Linlithgow and East Falkirk (Michael Connarty), who has campaigned assiduously on the issue of modern-day slavery. I pay tribute to him for the work he has done and for the attention to detail he has shown, which is so important when it comes to landmark legislation such as this.

My experience of modern-day slavery stemmed from my own professional contact with people who at that time were still being treated as defendants, but whom we now know increasingly must be treated as victims. It first manifested itself when I started to see a number of cases involving young Vietnamese people who had come into this country unlawfully, having spent tens of thousands of pounds to get here through many different member states of the EU and further beyond, and who were now in effect the prisoners of those who had brought them here, press-ganged into work as gardeners looking after cannabis or other crops, or press-ganged into prostitution and other crimes. These people were treated as defendants; it is clear that they are as much the victims of the crimes of their gangmasters as wider society.

That increasing realisation on my part—as somebody playing a small role in the criminal justice system—has been added to by people from all parties and none and by people from outside this place with great knowledge and understanding of the experiences of those who are trafficked, culminating in us dealing not just with the issue of trafficking, but with the more general issue of slavery. The definition of what that means in the modern age is an important one. Unfortunately, the criminal mind moves very quickly and as soon as existing types of abuse are found and stamped out, new and ingenious ways to continue that criminality emerge. That is why, when the Bill has its Second Reading and goes into Committee, it is important that we make sure that the definition of slavery does not in any way end up being a victim of a lack of foresight. In other words, it has to be future-proofed so that the examples given within the statute are non-exhaustive and allow prosecutors and the police to take action to deal with developing forms of that criminality. That is vital. We in this place are pressed for time and we do not have the resources to continue to return to the criminal law. The best criminal laws in my opinion are those that stand the test of time and prove up to the task of fast-moving developments in criminality.

That brings me to a more general point. It is clear from my examination of Professor Jonathan Shepherd of Cardiff university’s annual study of accident and emergency admissions that, while violent crime seems to be declining in society, crime is increasingly taking place online. That online criminality is now entering the experience of thousands of our constituents—day in, day out—and they come to us with problems that sometimes seem to be beyond the police’s ability to deal with. That, to me, is the greatest challenge we face in the modern era. We are patting ourselves on the back about a society that seems to be becoming less violent, but at the same time we ignore the online risks at our peril.

I know that the Government understand the problem and that the police understand it, as the need for more training and greater expertise of police officers in dealing with online criminality becomes ever greater as the years pass. I see a role not only for this House in framing legislation to combat online criminality, but very much one for our police and crime commissioners and all those charged with the responsibility of meeting the needs of the people we represent.

I commend the Queen’s Speech in respect of measures on home affairs and justice. As a humble Back Bencher, I am particularly encouraged to note that my pleas are being listened to. I perhaps sound a little surprised when I say that, but it is encouraging to know that the ideas of Members of Parliament can find their way through the process and result in some action. To my mind, that certainly restores some of the faith I have in the ability of individuals in this place of whatever party to try to influence the process for the better.

I am particularly encouraged, too, by the fact that the Government recognise the challenge they face regarding the recovery of confiscation assets. It is disturbing that only 18% of confiscation orders worth over £1 million are, in fact, recovered. That is a huge amount of money. It is not only a huge resource that we are missing; it is a standing affront to the justice system itself. Why pass court orders at all if they will have no meaning in reality? Why do we go through the rigmarole of applying the Proceeds of Crime Act 2002 and its strong measures without clear results—not only for the taxpayer, but for society as a whole?

The justice of the situation is important, but it is also about good old-fashioned efficiency. That is why the package in the Serious Crime Bill to increase from 10 to 14 years maximum sentences for those in default on orders over £1 million, together with an increase in sentencing powers for orders worth over £0.5 million, is a wise one. The issue of automatic early release—we have heard it mentioned in other contexts—is particularly relevant when it comes to those who are serving sentences in default of payment. It has already been rightly established by the Proceeds of Crime Act 2002 that the liability to pay the order is not extinguished by the service of a term in default, but to allow an automatic early release for those in default seems to me not only an affront to common sense, but hardly any incentive whatever for the wrongdoer or criminal to pay the compensation made out in the confiscation order. In other words, we need more of a stick approach when dealing with offenders who are consistently in default of important court orders and think that they can just while away their time and hope that all will be forgotten. That is not good enough.

The 18% figure has to rise. I will carefully watch out in the years ahead to see how it improves and how we can change the law, while improving the way in which we undertake confiscation. I urge all prosecutors and those charged with this important responsibility to use their judgment carefully and not constantly seek huge theoretical figures of benefit, but to look for what is realisable and discover what can be converted into cash or an asset that can be confiscated for the purpose of further law enforcement.

I also want to see an end to the rather depressing catfights that I have sometimes observed between different arms of law enforcement in relation to their particular roles. For example, a certain type of forfeiture has required money to go into one pot rather than another. Division of that kind is unhelpful, and does not lead to a properly co-ordinated approach to the confiscation of criminal assets.

I was interested and stimulated by some of what has been said about immigration. I think it incumbent on all of us to show leadership when it comes to such issues. We hear a great deal on the doorstep, and read a great deal in the newspapers, about the myths of migration, but we do not hear or read enough of the facts and the truths. Over the centuries, this land has benefited from migration. We are a land of migrants. We are a rich mosaic of people whose blood comes from all sorts of lands, and we should rejoice in that. We should remember that it has made this country truly great.

At the same time, leadership demands that we listen carefully to those who have justified concerns. When people are scared, we should not fan the flames of fear; we should offer the hand of reassurance, the strong arm of guidance, and the leadership that I believe will take us through these difficult years and demonstrate that, as a country, we are not only tolerant, but welcoming and accepting of people who want to come here, to play their part in our nation story, to make their contribution—whether through work or by other means—and to be a responsible part of our communities. That is what we want. That is what everyone with an understanding of what it is to be British wants. We have heard today about British values, and I believe that a sense of acceptance and a rejection of separation are very much part of what it is to be British.

We cannot go far wrong if we start on that basis. Then we can talk about the issues here: then we can make proper distinctions between non-EU and EU migration, and talk in a reasoned way about what the free movement directive actually means. It is not an unqualified right for people to come here, fold their arms and do nothing, and it never was. It applies to people who fall into certain categories—who are workers, or are self-sufficient—and who have a right to remain here. That is the reality, and it is a far cry from the nightmare scenarios being painted by those who wish to whip up the flames of separation and to profit in some way from fear. The vast majority of the people whom I see coming here want to work and to make a contribution, and many, after they have done their work, will return home to their countries of origin.

Let us not forget that while 1 million people or more are coming here from other EU countries, an equivalent number of UK citizens are going to other EU countries. Where is the mischief in that? What can possibly be wrong with a free-market system that allows such movements?

[Andrew Percy]

I will tell my hon. Friend what is wrong with it. It means an uncontrolled influx into towns such as Goole, in my constituency, which has not been planned or prepared for properly, and which places a massive strain on public services. My constituents are very welcoming: they will even accept folk from Lancashire. We simply want to know how many people are coming, and we want the resources that will enable us to control the numbers properly. Unfortunately, the free movement directive does not allow us to control them at all.

[Mr Buckland]

My hon. Friend has made a fair point, but I am afraid that he is in error. The directive provides a power that allows member states to have a registration system for people who wish to stay here for longer than three months. Let us not propagate the myth that the directive is an open door. It is not, and, with domestic enforcement, it can be better managed.

My hon. Friend makes a proper point about planning and public services, but we must also remember that without some migration some of the jobs that need to be done in our economy are not going to be done, and the question we have to ask is, who will do that work?

I am a great campaigner for the rights of people with disabilities, and I passionately believe they have their role to play in our growing work force. I know that is what they want, and that is also what they deserve, but getting to that ideal stage takes time. It takes time for employers to start to understand the benefits of employing people who perhaps have more challenges than others. While I want to get there, I understand the pressure on employers who, for example, cannot collect their crop or who cannot find a suitable person to fulfil a care role. Working with employers to encourage more employment locally—more indigenous employment, as it were—is a laudable aspiration and is the right thing to do, but to try artificially to close a door is bad news for our country and our economy and is not a realistic approach to a problem that has deeply complex origins and should not be viewed through the prism of cheap headlines and political slogans. That is what happens far too often in the debate on migration, and it is time we stopped that misleading and unhelpful approach. Let us show leadership on that issue.

Turning to issues relating to the UK passport agency, may I thank it for having helped a constituent of mine reach the beaches of Normandy last week? Mr Harry Prescott is now 92 years of age. The last time he was in Normandy he was a 21-year-old Royal Marine in Operation Overlord. By an odd quirk, he was not classified as a British citizen. He was born in Canada to UK parents, and for various reasons never ended up with a British passport. He wanted to play his part in the 70th anniversary commemorations, however, but when the time came for him to apply for a passport, he encountered a number of blocks to his application—the sort of bureaucracy that I know drives Members of this House quietly round the bend and which was certainly causing him a degree of frustration. I was contacted by 47 Royal Marine Commando Association about his predicament, and together we were able to prevail on the passport service to pull its finger out and get on with the job of issuing him with a passport. He was therefore able to join his comrades and colleagues and play his part in commemorating the momentous events that took place in Normandy 70 years ago. I therefore offer my genuine thanks, via my hon. Friend the Minister, to those in the passport service who made that possible.

With the help of Action for Children, one of our leading children’s charities, and other parliamentarians, I have been campaigning for a number of years now for a reform to the criminal law of child neglect. Paul Goggins has been referred to in many other contexts, but it would be wholly wrong of me not to pay tribute to him for the work he did on this important issue. The Crime and Courts Act 2013 was in Bill form when Paul presented an amendment in his and my name which will, in effect, be the basis of a provision that will appear in the Serious Crime Bill. The argument is a simple one. The criminal law of child neglect was drafted way back in 1868—some 150 years ago. It served an important purpose in its time, but times move on. Just because a law is old does not mean it is a bad law—far from it—but with the knowledge and understanding we now have about the full effects of all types of abuse of children and young people, I think it was remiss, to say the least, that we had not before now updated the criminal law to keep pace not only with developments in science and understanding, but with the developing civil and family law that already recognises varying types of abuse, including emotional abuse, when considering issues of family protection and whether or not a child is at risk or has experienced significant harm.

Very often, emotional abuse does not come alone. It will be accompanied, sadly, by physical and sexual abuse. Daniel Pelka is one of many well-known cases in which the signs of emotional abuse were emerging before the physical abuse took its toll on that poor young lad. It pains me to think that the police, the prosecuting authorities and all those with responsibility for child protection did not have that extra tool in the box when it came to dealing with emotional abuse. I am not saying that it might have changed the course of young Daniel’s life, but it could have made a difference to his life and it certainly will make a difference to the lives of hundreds of children and young people in this country if and when we amend the law to include emotional abuse. The criminal law is an interesting thing for those who have been imbued with it for the past 20 years, as I have. I believe that a lot of people would have been shocked to realise that section 1 of the Children and Young Persons Act 1933 covered only physical harm, but it was made crystal clear in a House of Lords case back in 1981 that that section was limited to the

“physical needs of the child and does not cover other aspects such as moral and educational”.

That meant that the door was firmly shut on emotional abuse.

A lot of people have asked me in the past few months how one defines emotional abuse and whether the new measure will not be a problem when it comes to parenting. Are we in danger of criminalising the firm but fair parent who deprives their child of an Xbox if there has been a misdemeanour in the household? Not a bit of it. It is not about firm but fair parenting. It is not about people who administer reasonable chastisement on their children. It is not about the millions of decent men and women who, like many of us in this Chamber, learn every day what it is to bring up a child. It is about the systematic abuse of children by people who either should know better or in some sad cases do not know better.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

My hon. Friend has touched on an important point about this measure to protect children from neglect. Does he agree that it will be exceptionally important that the guidelines for the Serious Crime Bill define emotional abuse carefully so that statutory agencies are able to understand what they will be enforcing and parents understand the new legislation? Safeguarding sections on school websites will be a valuable resource to help parents to understand exactly what it is intended to protect against.

[Mr Buckland]

I am grateful to my hon. Friend. Her point about guidance will be key to all this. While we may be good at passing a law, it is for the prosecuting authorities and child protection agencies to enforce it, so we would be failing in our duty if we did not explain through debates in the House what we mean.

Empirical research shows that emotional abuse may be the most damaging form of child maltreatment because those who are responsible for administering it almost invariably are those responsible for enabling children to fulfil their developmental milestones. What do I mean by emotional neglect? It can include forcing a child to witness domestic violence, scapegoating a child, inflicting systematic humiliation and enforcing degrading punishments.

The effects of emotional neglect have been shown to be potentially lifelong and as profound, if not more so, than some of the physical effects on children. They can include depression, post-traumatic stress disorder, personality disorder, aggression, dissociation, mental illness and even suicide. Children who experience rejection or neglect are less able to learn and achieve good educational outcomes than their peers, so in addition to the psychiatric evidence that we have of the harm caused by emotional neglect, there is growing evidence from neuroscience that brain development is inhibited as a result, which itself leads to significant harm. We cannot ignore the developing science; we would be failing in our duty if we did.

The language of section 1 of the 1933 Act is antiquated. It uses words such as “wilful”, which has been defined by the courts as meaning “reckless”. Well, why does the Act not say that? It would be so much easier if we amended the law to make sure that people given the task of interpreting it did not misunderstand “wilful” as requiring specific intent or as being more intentional than the law requires. Why should we put people through their paces in that way by relying on archaic language?

Similarly, terms such as “unnecessary suffering” were good for the time of Dickens, but are not necessarily appropriate now. The term “significant harm” is the one that I strongly advocate. It replicates the term already used in civil law and it is the threshold test used when child protection issues are dealt with. Why not just streamline the system by bringing the language into line with that already used? The term “significant harm” can be understood but still sets a high threshold, and it goes a long way towards allaying some of the concerns of those who say that this will open the floodgates to prosecutions of the firm but fair parents about whom I was talking earlier.

The police and those involved in social work welcome the proposed reform. As I said, there was concern about the inability of the police to intervene in cases of non-physical harm, and the dislocation between criminal and civil law was leading to problems in enforcement and in interpreting the role of the police. We are making the law clear not only for members of the public but for those in the law enforcement agencies who have to do this difficult and sensitive work.

We should look at what is happening overseas. Action for Children commissioned research from 31 jurisdictions across Europe, Asia, north America, Africa and Australia, including common law jurisdictions with which we can draw direct parallels. In 25 of those 31 jurisdictions, the criminal law explicitly encompasses emotional abuse. We can see from that trawl of other countries’ legislation that emotional abuse is already recognised in other parts of the world.

How emotional abuse is defined will obviously be important when it comes to presenting evidence in court, and assistance will be gained, as it is now, from experts in the field who are trained in understanding the intellectual and psychological capacity of children. There is concern in the community of expert witnesses that, with pressure on resources, their job will become more difficult. I understand that, and it will be important to acknowledge that during our debates and to work out ways in which the criminal justice system can accommodate expert testimony. It must do so in a way that is fair to all parties while serving the interests of justice and allowing objective expert evidence to be relied on by juries when discharging their duties and applying the high test of the criminal standard of proof. The combination of significant harm and the criminal standard of proof is protection enough for those who say they are worried that the floodgates will be opened upon responsible heads.

We therefore move away from words and phrases such as “neglect”, “wilful” and “unnecessary suffering” to the term “maltreatment”, which covers the gamut of different types of harm that are caused, sadly, to our children. At a stroke it makes clear the options available to the courts. It allows sentencers the ability properly to reflect criminality by those responsible for the care of children in sentencing them appropriately. Finally, it deals with a long-standing anomaly that I am surprised we allowed to continue for so long.

This law will not apply retrospectively. We cannot, and it is right that we do not, make something criminal that was not criminal at the time it happened. I know that for those people who contacted me and other colleagues in recent months about the enduring effects of the emotional abuse that they suffered that may come as a bitter pill, but it would not be right to try to change a well known and well respected principle of law, a principle that is recognised internationally. We have to look to the future, but in doing so we should not forget the victims of the past who until now have had to suffer in silence and who have not had the justice that they deserve.

I am proud to support a Government who listened to a consultation that was conducted in recent months and who listened to the calls from my hon. Friend the Member for Ceredigion (Mr Williams), who had a private Member’s Bill in the last Session, to my hon. Friend the Member for Erewash (Jessica Lee), to me and to Members of the Opposition and former Members, such as the late Paul Goggins. Let this stand as one of his epitaphs. Let it stand as an acknowledgement of the power of politics when people come together, recognise a wrong and seek to make it good.

I have said a lot about child neglect. It is something that I saw in my own working life, and I found those cases some of the most difficult to deal with. Hon. Members who have been in practice well understand what I say. However, I do not stand here on an emotional basis; I stand here on the basis of evidence, a sense of responsibility that we as legislators must always do what is right in terms of developments in science, and a genuine and steadfast belief that when it comes to the criminal law, not only must we try to keep pace with developments, but—to use the phrase that I used earlier in another context—we must do everything we can to future-proof it. I thank my hon. Friends on the Front Bench for listening and taking appropriate action.

I have mentioned human trafficking and slavery, but I want to finish on a positive note. Unless every town, city and village in this country wakes up to the reality of human trafficking and slavery in its midst, we are not going to solve the problem. We have an increasingly aware police force, which increasingly understands the challenge and is sourcing important training and support.

[Graham Evans (Weaver Vale) (Con)]

Is my hon. Friend interested to know that Churches Together in west Cheshire, part of Weaver Vale, held a conference attended by churches from the whole of Cheshire West, as well as the police force and the local authority, to make sure that all the villages and all the communities throughout Cheshire are aware of human trafficking?

--- Later in debate ---

[Mr Buckland]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Before the hon. Member for South Swindon (Mr Buckland) resumes his speech, I gently point out that he has now been speaking for 33 minutes, it took the Home Secretary only 34 minutes to launch the debate, and other Members are waiting to speak. We are grateful for his tour de force across an area in which he has great expertise, but not necessarily over the entire Queen’s Speech.

[Mr Buckland]

I will bear your exhortation very much in mind, Madam Deputy Speaker. I am still a minute behind the Home Secretary so I will take that as a target and I will do my best.

I am grateful to my hon. Friend the Member for Weaver Vale (Graham Evans). I just wanted to make the point that in Swindon we are doing exactly the same. The 100-plus people who came to St Joseph’s Catholic college to see the films about child slavery and trafficking shown by ECPAT UK, one of the leading charities, showed that there is a real interest, understanding and concern. It is through the work of local organisations, together with our police and crime commissioners, who are increasingly becoming involved in encouraging the training of police, that we will start to see a rolling back of the almost systematic blindness that we have had to the reality of trafficking in our midst.

Before I sit down, I pay a warm tribute to the Wiltshire police and crime commissioner, Angus Macpherson, who is recovering in hospital in Bath after a serious heart attack last week. He has been doing an outstanding job for the last several years as our PCC, and on behalf of everyone who cares about crime and policing in my neck of the woods and generally, I wish him the speediest of recoveries.