Police, Crime, Sentencing and Courts Bill (Eighth sitting)

Sarah Jones Excerpts

Committee stage
Thursday 27th May 2021 Public Bill Committees

[Victoria Atkins]

I thank the hon. Lady. As I say, we will reflect on the issue.

New clause 50 would provide that, where the user of a device was a child or adult without capacity, their views were sought and taken into account when someone else was making a decision on their behalf regarding the extraction of information from their device. We agree on the point about children. Indeed, clause 37(4) makes an equivalent provision, so we are not sure there is much between us on this point. We rely on clause 37(4) to ensure that the views of the child are taken into account.

We do not, however, agree that it is appropriate to include equivalent provision for adults without capacity. With such people, it is the capacity of the individual user that is relevant, and that is determined on the basis of a case-specific assessment. It is only if, as a result of that assessment, the person is deemed not capable of making the decisions that someone else is asked to make it. Authorised persons using that power will still have to comply with their existing responsibilities under the Mental Capacity Act 2005 and the associated code of practice or equivalent provisions in Scotland and Northern Ireland. We will, however, include guidance and direct authorised persons to the relevant statutory responsibilities in the code of practice.

New clause 52 seeks to expand the list of statutory consultees in respect of the code of practice to include the Victims’ Commissioner, the Domestic Abuse Commissioner and representatives of victims and witnesses, but clause 40 already places a duty on the Secretary of State to consult

“(a) the Information Commissioner,

(b) the Scottish Ministers,

(c) the Department of Justice in Northern Ireland, and

(d) such other persons as the Secretary of State considers appropriate.”

We believe this last line affords sufficient flexibility to capture those other persons listed in new clause 52. I can assure the Committee that we will work closely with the Victims’ and Domestic Abuse Commissioners, and other relevant groups, as we develop the code.

The new clause also lists matters to be addressed in the code of practice. We do not dispute the relevance of many of the matters listed in new clause 52(5), but putting such a list in the Bill is unnecessary. The code needs to be comprehensive and fit for purpose, and it will be prepared in consultation with interested parties and subject to parliamentary scrutiny.

Amendment 94 seeks to provide for independent legal advice for device users. Ensuring that victims are properly supported is a priority for this Government. The code of practice will make it clear that investigators should inform people about the use of the power, and ensure that they are fully aware of their rights. This information will include: why they are asking for agreement, what will happen to the individual’s device, what information will be extracted from the device, how long it may be retained for, and what will happen to any irrelevant material found on the device.

We are aware of the impact that requests for personal information can have on victims of sexual violence, and we believe that individuals should be supported in the process. We are fully committed to giving support to victims of crime, including access to independent sexual violence advisers, who we believe have a role in helping to explain the power to victims; as I have said, we are investing in 700 more of these posts this year.

We are exploring the findings of the sexual violence complainants’ advocate scheme, piloted in Northumbria, as part of the rape review, which will be published shortly. We do not think that chapter 3 of part 2 of this Bill is the right place to address this broader issue about the provision of legal advice to victims and witnesses, given the wider impact across the criminal justice system.

Amendment 115 to schedule 3 seeks to exclude immigration officers from the list of persons authorised to carry out a digital extraction. Immigration officers play a vital role in protecting vulnerable people, particularly those who may be victims of trafficking, and it is important that they are able to obtain information that may be vital in those and other investigations. The power in schedule 3 ensures that all authorities extract information in a consistent way, and put the needs and privacy of the user at the forefront of any request. Any person being asked to provide a device will be made aware of their rights, including their right to refuse.

The hon. Member for Rotherham asked about a parliamentary question that the Under-Secretary of State for the Home Department, the hon. Member for Croydon South, answered. I am told that mobile phones are seized under statutory powers where there is a reasonable belief that evidence of a criminal offence will be found. The subsequent examination of the device will be conducted in forensic conditions, and in such a way as to target only the relevant material. The handset will be retained for as long as is required to support any criminal proceedings before being returned to the owner.

Finally, there is also a Government amendment in this group: amendment 63, which ensures that the definition of the common council of the City of London is used consistently throughout the Bill. The City of London Corporation has both public and private functions, and it is therefore appropriate that public legislation applies to the corporation only in respect of its public functions. Government amendment 63 provides that the reference to the common council relates to

“its capacity as a local authority”,

which brings clause 37 into line with other provisions in the Bill referencing the common council.

To sum up, this is the first time that a clear and consistent approach to the extraction of information from digital devices with the device user’s agreement has been written into primary legislation. The provisions remove legal ambiguity around the practice and, for the first time, enshrine the protections and safeguards that authorised persons must adhere to when exercising that power. It is a significant step forward in driving a consistent approach across the Union for the law enforcement authorities that exercise these powers, and for victims and witnesses in the criminal justice system. Of course, there is more to do outside the Bill in a range of areas, but we are committed to working with victims and survivors and with charities and commissioners to ensure that when implemented, the provisions command the trust and confidence of victims and witnesses. Many of the issues raised in the new clauses can and will be addressed through the code of practice, so I hope that the hon. Member for Croydon Central will feel able to withdraw her amendments and support Government amendment 63 and clauses 36 to 42 standing part of the Bill.

[Sarah Jones (Croydon Central) (Lab)]

We all agree on the problems here; we have suggested some solutions and the Minister has explained why she is not convinced. I think it would be hard for the Minister not to agree with quite a lot of what Vera Baird said when giving evidence. We will have to come back to some of those new clauses and decide how we vote at an another time.

Given what the Minister said on three points—first, that she would look at the age issue and the definition of an adult; secondly, that there would be a draft code of practice by Report, and that she would incorporate some of the measures we discussed into that; and thirdly, that the rape review will be published soon, and that in it, the Government are looking at work such as that done in Northumbria, and at police training—I am content not to push the amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 36 ordered to stand part of the Bill.

Clause 37

Application of section 36 to children and adults without capacity

Amendment made: 63, in clause 37, page 31, line 35, after “London” insert

“in its capacity as a local authority”.—(Victoria Atkins.)

This amendment clarifies that the reference in clause 37(11) to the Common Council of the City of London is to the Common Council in its capacity as a local authority.

Clause 37, as amended, ordered to stand part of the Bill.

Clauses 38 to 42 ordered to stand part of the Bill.

Schedule 3 agreed to.

Clause 43

Pre-charge bail

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 95, in schedule 4, page 203, line 33, leave out

“If it is reasonably practicable to do so”

and insert

“Unless there is an exceptional reason not to”.

Amendment 96, in schedule 4, page 203, line 38, at end insert—

“(4AA) If it is reasonably practicable to do so, the investigating officer must consider the personal situation and the needs, as they appear to the investigating officer given all the circumstances of the case, of the alleged victim (if any) of the relevant offence on—

(a) whether any of the conditions that are relevant conditions should be varied under subsection (1), and

(b) if so, what variations should be made to those conditions.”

Amendment 97, in schedule 4, page 203, line 40, at end insert “and (4AA)”.

That schedule 4 be the Fourth schedule to the Bill.

New clause 54—Offence of breach of conditions of pre-charge bail—

“(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) After Section 37 insert—

“37ZA Offence of breach of conditions of pre-charge bail

(1) Where a person has been arrested and released on pre-charge bail under subsection 37(7), that person commits an offence if they breach any condition attached to that pre-charge bail.

(2) A person guilty of an offence under this Section will be liable on summary conviction to a fine not exceeding level 3 on the standard scale.””

[Sarah Jones]

The full package of these reforms will be named “Kay’s law” in memory of Kay Richardson, who was murdered by her ex-partner following his release under investigation despite evidence of previous domestic abuse. No conditions were imposed and the police gave Martin the keys back to the home he had shared with Ms Richardson. Martin let himself into the house and waited for Ms Richardson, who was 49, before attacking her with a hammer and strangling her. Kay’s mother Audrey Richardson said:

“They might as well have gone and opened the door for him”.

I think we will all want to keep in mind Kay and her family, and all victims of perpetrators who have caused harmed while on RUI, as in Kay’s case, or while continually in breach of bail conditions.

We are all largely pleased with the provisions on pre-charge bail, in that they reverse what amounted to mistakes made in the 2017 reforms, but it is important, if we want to achieve justice that is fair and efficient, that it comes alongside the Government investing in every part of our criminal justice system and tackling some of the many challenges that it faces.

To set the context, the reforms pursued by the Government in 2015 to 2017 introduced the presumption against the use of pre-charge bail. These reforms also introduced strict time limits on the use of pre-charge bail. They were designed to reduce both the numbers of individuals subject to, and the average duration of, pre-charge bail. That was supposed to address concerns that unconvicted individuals were being subjected to pre-charge bail conditions for long periods of time without due process.

The House of Commons Library says:

“There is no official data about who is released from police custody and how they are released. However, data obtained from various freedom of information requests suggest that the number of suspects released on pre-charge bail fell substantially following the 2017 reforms.”

The use of RUI

“increased rapidly as a result.”

A BBC investigation found that in one three-month period, 12 forces released more than 3,000 suspects of violent crime, murder, rape and sexual offences. Officers use RUI when they want more time to gather evidence and when the preconditions for pre-charge bail have not been met. There is no requirement for RUI suspects to report to the police, and the police have no power to place conditions on their movements or activities—although some RUI suspects will voluntarily attend further questioning at the request of the police. There are no time limits within which officers must conclude their investigations against RUI suspects and the police are under no obligation to keep them informed about the progress of their investigation.

Many stakeholders from across the criminal justice system have been critical of these 2017 reforms. The use of RUI, particularly in cases involving violent and sexual offences, puts vulnerable victims at risk because pre-charge bail conditions are not imposed on suspects. There are also concerns that the rights of RUI suspects are being undermined. Investigations against RUI suspects, on average, take longer and the police are not required to inform suspects about their progress while investigations are ongoing.

Zoë Billingham of Her Majesty’s inspectorate of constabulary said in December 2020, on the police and Crown Prosecution Services’ response to the changes, that the full consequences

“had not been thought through”.

The report said that of 140 cases examined, in 62 cases a suspect was released under investigation when bail with restrictions should have been used. The inspector said:

“These cases included domestic abuse, sexual offences and offences against children—serious crimes. This is extremely worrying, especially for the victims in these cases, who had no bail conditions in place to keep them safe.”

The report found one case where a suspected paedophile was arrested and, after three months, the bail restrictions lapsed. This was because delays in getting digital evidence from the suspect’s devices meant police feared they would fall short of meeting the threshold to get bail extended. The report also raised particular concerns about domestic abuse cases. Billingham said:

“It has a profound effect on victims’ confidence that they are being taken seriously and staying with cases that can drag on for months and years.”

We welcome the changes, but have suggested some amendments; I will talk about amendment 95 first. Part 3 of schedule 4 would impose a duty on officers to seek the victim’s views on whether pre-charge bail or street bail should be applied, and their views on what conditions should be attached, when it is reasonably practical to do so. Amendment 95 simply strengthens that wording, so that the views of victims must be sought by the investigating officer when setting pre-charge bail conditions, not

“if it is reasonably practical to do so”,

but unless there is an exceptional reason not to do so; it tilts the balance in favour of seeking the views of a victim. It is vital that there be greater consideration of the needs of the victim in setting bail conditions, to protect them and ensure that they are able to continue through the criminal justice process safely and with full confidence.

Amendments 96 and 97 would ensure that the personal situation and needs of the victim, as well as all the circumstances, are taken into account to ensure that any variations necessary to the conditions can be put in place to protect the victim. The needs and situation of the victims must be taken into account when setting pre-charge bail.

It has, sadly, often been the case that victims—largely female victims of rape, domestic abuse or sexual exploitation—are hesitant to provide complete evidence of their personal situation or needs due to fear that the perpetrator will find out and put them, or their family, at risk. It is not right that victims do not feel that the police can protect them enough. Pre-charge bail can be broken and, as this is not a specific criminal offence, the custody clock can currently be run down by continuous breaches of pre-charge bail conditions.

I will talk about the measures in the specific context of domestic abuse, which represents one third of violent crime recorded by the police, and approximately one fifth of all adult homicides—half of all adult homicides when the victim is female. It affected 2.3 million adults in the last year. The criminal justice system still has a long way to go in bringing perpetrators to justice and in providing a consistently good response for domestic abuse survivors.

Over the past couple of years, there has been a notable decline in the number of offences prosecuted by the CPS relating to domestic abuse, despite there being no reduction in prevalence and an increase in offences recorded by the police. Between April 2014 and March 2020, the annual number of domestic abuse-flagged cases referred to the CPS by the police fell by 37%, with similar declines in prosecutions and convictions. In the year ending March 2020, only 9% of domestic abuse-related crimes recorded by the police led to a charge or summons, and the CPS convicted 47,000 domestic abuse cases, compared to 758,000 police-recorded offences relating to domestic abuse.

As incidents of domestic abuse often take place in private, the complainant may be the only witness. CPS guidelines for prosecutors state that:

“Giving evidence may be very difficult for them, or may cause additional difficulties (for example, fear of reprisals; safety of their children; increased family pressures or serious financial repercussions; fear of being 'outed'; fear of a lack of support by the criminal justice system, or specialist support organisations; or, an emotional attachment or loyalty towards the defendant), leading to uncertainty about the course of action they should take.”

[Sarah Champion]

I support the amendments that my hon. Friend is putting forward, because the intention is to put the victim at the absolute centre of all of this. Does she agree that we also need the resources to enable the police to back that up, and to enable the voluntary sector and social workers to put in place the support that she is talking about?

[Sarah Jones]

My hon. Friend is absolutely right. Nearly 5,000 women are turned away from refuges each year, because the support just is not there and so much provision has been taken away. That applies across all kinds of different aspects of the support that should be in place.

It is well known that separation and reporting to police are periods of heightened risk in abusive relationships, and the effectiveness of bail conditions can be critical. The Centre for Women’s Justice has said that it hears from frontline women’s services that breaches of bail are extremely common, and that women often cease to report them once they find that nothing is done by the police after their initial reports. Some victims withdraw support for prosecution in such situations and sometimes disengage from the domestic abuse service. In its briefing, the Centre for Women’s Justice says that

“in the worst case scenarios women feel so unprotected that they reconcile with suspects and return to abusive relationships, because the separation has increased the dangers they face in the short term. As the only power available to police following a breach of pre-charge bail is to arrest the suspect and release him again on bail, officers sometimes say there is nothing they can do. Police often don’t contact a victim until some time has passed since the reported breach, and many breaches are by phone or electronic communications. In these situations there is little purpose in arresting and releasing the suspect on bail again, and it is understandable that officers take no action.”

New clause 54 has been tabled to probe the Minister and to seek some clarifications and assurances on a number of problems that the police deal with and that have been brought to my attention by several police organisations. New clause 54 would make a breach of any condition of pre-charge bail, such as not being allowed to go to someone’s house, to turn up at the school gates or to visit a certain restaurant, a criminal offence. That would prevent the custody clock being run down by purposeful breaches of bail, and it would particularly protect victims in domestic abuse cases, so that abusers are less likely to breach conditions by returning to the home of the victim. If the enforcement around breach of bail could be strengthened, it would likely drive down the number of offenders who breach bail conditions, and it would allow the police to focus on the worst offenders. It is a straightforward amendment, which was drafted with victims in mind but was recommended to us, as I say, by senior members of the police.

The Police Superintendents Association has spoken to us about making the breach of pre-charge bail conditions a stand-alone criminal offence. Paul Griffiths was clear about this in the evidence session. He said that the PSA has concerns about breach of police bail and that

“bail conditions are imposed and then suspects continue to breach those bails. Of course, those bail conditions would be there to protect victims or even the wider public. It could be extremely useful to us for that to be an offence in its own right. I note that there is an introduction to prevent the start of the custody clock, which was another risk that we thought may come from somebody who would consistently breach their bail, risking an impact on the investigation custody time limits for other aspects for which they were under investigation. The Bill suggests that three hours is sufficient to deal with that breach of bail, and that seems appropriate, but it could be beneficial to the police service for that to be an offence in its own right in terms of processing individuals for such breaches.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 30-31, Q45.]

Could the Minister give us her views on that opinion and on the problem that we are seeking to overcome?

I appreciate that part 5 of schedule 4 would make amendments to the functions of the PACE clock, as it would suspend a detention clock for three hours when someone is arrested for failure to comply with bail. The amendments are supposed to prevent suspects from running down their PACE clock by repeatedly breaching bail. However, the view of many senior police whom I have met is that it is not long enough and that they would prefer the breach of pre-charge bail conditions to be a separate offence. I am aware that the Minister might say that to make the breach of pre-charge bail conditions a stand-alone offence could create an imbalance whereby the breach of post-charge bail conditions is not a stand-alone criminal offence, but I would appreciate her giving her views on how we can tackle this issue.

The Centre for Women’s Justice had a slightly different proposal, which is a two-stage process whereby a breach of bail conditions triggers a presumption that the police will impose a domestic abuse protection notice and apply for a domestic abuse protection order. Once the order is in place, a further breach would be a criminal offence, so it creates a “two strikes and you’re out” process. Perhaps the Minister will give us her view on that.

I reiterate that we very much welcome these much-needed reforms to pre-charge bail. Can the Minister talk us through what plans the Government have to monitor the changes to ensure they are effective and how they will ensure that the data on how each police force deals with suspects after they have been released from custody is clear and can be sufficiently reviewed so that victims across the country can be better protected?

--- Later in debate ---

[The Chair]

I think you are just one step ahead of me, Mr Cunningham. We now come to amendments 95 to 97 for schedule 4, which have already been debated. Do you wish to press the amendments?

[Sarah Jones]

I will not press the amendments on the basis of what the Minister said on those ones. I was also pleased to hear that there is going to be better data gathering—she might come to that in a minute, I am not sure—on whether it should be a separate offence. I understand the point that we need more data about what is happening before we take a view on that. I therefore ask that the Minister keep an eye on that situation as the data emerges and keep an eye on the fact that the police are concerned about that.

Schedule 4 agreed to.

Clause 44

Arranging or facilitating commission of a child sex offence

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

New clause 37—Retrial for child sexual offences—

“(1) Schedule 5 of The Criminal Justice Act 2003 is amended as follows.

(2) After paragraph 14, insert—

‘Sexual assault of a child under 13

14A An offence under section 7 of the Sexual Offences Act 2003.’

(3) In paragraph 15, leave out from ‘where’ to the end of the paragraph.

(4) After paragraph 15, insert—

‘Sexual activity with a child

15A An offence under section 9 of the Sexual Offences Act 2003.

Causing or inciting a child to engage in sexual activity

15B An offence under section 10 of the Sexual Offences Act 2003.

Indecent assault against a child under 16

15C An offence under section 14 or 15 of the Sexual Offences Act 1956 where it is alleged that the assault was against a child under 16 by a person over 18.’”

New clause 39—Aggravated child sexual offences—

“(1) The Sexual Offences Act 2003 is amended in accordance with this section.

(2) In section 14—

(a) in subsection (4), at the beginning, insert ‘Subject to subsection (5),’; and

(b) after subsection (4), insert—

‘(5) If one or more of the following applies, a person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life—

(a) the child has a mental impairment at the time of the offence;

(b) the child is subjected to inhuman or degrading treatment in connection with the offence;

(c) the child dies as a result of physical harm suffered in connection with the offence;

(d) as a consequence of the offence the child is forced to engage in sexual activity with another child;

(e) as a consequence of the offence the child is forced to engage in sexual activity with a family member;

(f) more than 500 pounds were paid in aggregate for the commission of the offence or related offences.’

(3) In section 48—

(a) in subsection (2), at the beginning, insert ‘Subject to subsection (3),’; and

(b) after subsection (2), insert—

‘(3) If one or more of the following applies, a person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life—

(a) the child has a mental impairment at the time of the offence;

(b) the child is subjected to inhuman or degrading treatment in connection with the offence;

(c) the child dies as a result of physical harm suffered in connection with the offence;

(d) as a consequence of the offence the child is forced to engage in sexual activity with another child;

(e) as a consequence of the offence the child is forced to engage in sexual activity with a family member;

(f) more than 500 pounds were paid in aggregate for the commission of the offence or related offences.’”

New clause 40—Communication for the purpose of causing or inciting sexual exploitation of a child—

“(none) Section 48 of the Sexual Offences Act 2003 (Causing or inciting sexual exploitation of a child) is amended by the insertion of the following subsection after subsection (1)—

‘(1A) A person commits an offence if he communicates with another person, whether in person or remotely via electronic communication through the internet or other telecommunications, for the purpose of committing an offence under subsection (1), regardless of whether the sexual exploitation takes place.’”

New clause 41—Causing or inciting a child under 13 to engage in sexual activity—

“(1) Section 8 of the Sexual Offences Act 2003 (Causing or inciting a child under 13 to engage in sexual activity) is amended in accordance with sections (2) and (3).

(2) In paragraph (1)(a), leave out ‘to engage in an activity’ and insert ‘, having communicated with B by any means, to engage in an activity in any part of the world’.

(3) After subsection (1), insert—

‘(1A) For the purposes of this section “by any means” includes, but is not limited to—

(a) in person, and

(b) remotely via electronic communication through the internet or other telecommunications.’”

--- Later in debate ---

[Sarah Champion]

The Minister is nodding. The IJM is leading the way in working collaboratively with international justice departments, police departments and local voluntary organisations around the world. It gave me one example from its recent work in the Philippines, where it has been spending a lot of time. Recently, Philippines police rescued a three-month-old baby in an operation to free children from online sexual exploitation, and weeks later they brought a two-year-old to safety. This is what we are talking about when we talk about online abuse.

The International Justice Mission reports that children it has helped to rescue have been abused by family members. It has been supporting children who have, for example, contracted sexually transmitted diseases as a result of their abuse. Online sexual exploitation includes creating, possessing or distributing child sexual exploitation material such as photos or videos. Traffickers livestream the exploitation to satisfy the online demand of child sex offenders paying to direct the abuse in real time. That crime has been growing internationally, particularly during the covid pandemic, as online offenders have been at home with greater access to the internet and with fewer eyes on them, while victims have been locked into the same environment as their traffickers.

The National Crime Agency has stated its belief that the UK is the world’s third largest consumer of livestreamed abuse. That means that people here are sat in their homes directing the abuse of a child in another country. We must strengthen our criminal legal framework for apprehending those offenders in the UK. They may not physically not carry out the act, but they are directing it, and as far as I am concerned, that is as good as.

The International Justice Mission research shows a trend of relatively lenient sentencing for sex offenders in the UK convicted of abusing children in the Philippines, for example. Offenders serve on average only two years and four months in prison, even though they spent several years and thousands of pounds directing the sexual abuse of children. Those sentences do not represent justice for the survivors and, probably just as important, they do not deter the perpetrators. Prevention is vital, but a framework must be in place to give law enforcement the tools they need to act effectively.

I welcome some of the changes in the Bill, which will really help to deal with the problem, including clause 44 and the positive shifts on sentencing for those convicted of arranging or facilitating sexual abuse. We could go further simply by including online offences.

[Sarah Jones]

I cannot really argue with the points my hon. Friend makes, which seem completely correct. At the bottom of my road was the Shirley Oaks home, which was the scene of massively severe child abuse decades ago. Victims are still coming forward and being compensated for it. The internet now makes it possible for huge numbers of people to be involved in that kind of awful activity, so it is even more important not only that we catch up and stop seeing online offences as different criminal offences, but that we ensure that our response to that crime and our sentencing are such that we can stem the tide. We need to go even further, because that kind of abuse is so widely available that perpetrators can abuse children in any country around the world.

[Sarah Champion]

My hon. Friend makes absolutely the right point. I am talking about UK offenders abusing children internationally, but hon. Members, particularly the Minister, will also be very aware of the rapid escalation of abuse of UK children through online means.

I remember when I first started to research the issue. Simon Bailey, the National Police Chiefs’ Council lead for child protection, said, “Sarah, what you need to understand is that when a family is sat down watching ‘Antiques Roadshow’ on a Sunday night, and the six-year-old is there playing on their iPad, they could be being groomed and abused in the same room as the parents, and the parents just don’t understand that.” It always chills me. If I may deviate very slightly, Chair, it frustrates me enormously that the Government’s legislation for mandatory relationship education for all children from primary school age, which should have been introduced in September, still has not been brought forward. We have to address that because covid has really escalated the abuse faced by children in this country and internationally.

--- Later in debate ---

[Alex Cunningham]

Indeed it would be good information to have to hand, but I do not know the answer to the question. Perhaps we can discuss the issue in a future debate.

If data on those instances of abuse is collected, even in the Crime Survey for England and Wales, why do the Government not think that the law should recognise the activity as criminal?

[Sarah Jones]

I worked for six months at Addenbrooke’s Hospital. That happened to be when things were coming to light about a doctor called Myles Bradbury, who had abused many, many children. Part of what I had to do was put together the plan for how we would go to the parents of children who had died of cancer, having been treated by that doctor. We will never know how many people he managed to abuse; he abused many children. He was an abuser. If he had not been a doctor, he might have been a driving instructor. If he had not been a driving instructor, he might have been a football coach. He was intent on abusing young people and he would always have found a position of trust to do so.

Does my hon. Friend agree that it makes no sense to list certain things and exclude others when we are talking about perpetrators who will find the means to do these things if they want to?

[Alex Cunningham]

Indeed I do. People say, “It doesn’t matter what laws you pass; people will find a way.” That is one of the terrible things in our society.

Having heard what both my hon. Friends have said, I reflect on the parents and the trauma that parents face when they realise that they have allowed their child—their daughter—to be tutored by a particular person to learn the piano, or entrusted them to a sports coach working with 20 children, who goes on to abuse them. The parents have that guilt—guilt they have to live with. It is not their fault, but they still have to live with the guilt.

We must strengthen the law as much as possible, so that if such cases come to light the perpetrators face the full force of the law, and we must not allow any loopholes whatever to protect any of those people.

The figures from the NSPCC that I mentioned come from a series of freedom of information requests on all local authority children’s services in England and Wales between 2014 and 2018. The NSPCC found that over a four-year period there were 653 complaints about adults who were not covered by the criminal law having sex with 16 and 17-year-olds in their care. That compares to 1,025 criminal offences of abuse of a position of trust of a sexual nature in the same period.

The NSPCC also asked local authorities to provide information about the fields of work of the referrals: 26% were cases in sport and leisure settings; 12% were in religious group settings; 11% were cases involving transport or involving drivers—my hon. Friend the Member for Croydon Central referred to cases involving driving instructors; 5.7% were in settings of voluntary or charity work; and another 5.7% were in cadet organisations. That is 653 cases where our law did not protect vulnerable young people.

We have a chance to extend that provision to protect children in those settings future and I urge the Government to take it—please do not lose the opportunity. Those figures are deeply disturbing, but statistics alone do not convey the impact that abuse of a position of trust has on children and young people, including the truly devastating impact when someone is told that what happened to them is not a criminal offence and nothing can be done about it. Too many young victims are being given the message that the adult who abused their position did nothing wrong and that to have prevented it from happening the young person should not have consented.

With support from the NSPCC, “Hannah”, whose name has been changed, and two other brave young women directly affected by that form of abuse wrote directly to the Lord Chancellor and Secretary of State for Justice. “Hannah” told the NSPCC, “When I turned 16, ‘Jeff’, my swimming coach, began to comment on my appearance. He would tell me that I looked nice or that clothes looked good on me. No one had ever said these things to me before, and I wasn’t sure how to feel. Soon he started pushing the boundaries. Initially he would just give me a hug. Then one day he gave me a hug and put his hand on my bottom. ‘Jeff’ spent a long time making me feel comfortable. I remember the first time we kissed. After training, we started to be intimate in that way a couple would. After some time, we started having sex. This was my first sexual experience. ‘Jeff’ told me to keep this a secret. I was under the impression when ‘Jeff’ told me not to tell anyone that it would be for the best for my swimming, and this would develop into a proper relationship and we could tell everyone. I wanted to tell my friends, but I knew I couldn’t. When this relationship came tumbling down, I changed with it. I was left feeling really angry, I was a difficult person to be around. It took me a long time to trust friends and family, to let them hug me again.”

Hearing the devastating impact of that horrific abuse is absolutely heartrending. I want to put on record the great debt of gratitude that we as parliamentarians owe to the courageous young people, such as “Hannah”, who work with the NSPCC to lobby the Government on the issue. Their civic-mindedness in the wake of such dreadful abuse is so very admirable, and because of their work, alongside others, the law will be improved to protect more young people.

In the event that the Government do not support my hon. Friend’s excellent amendment, will the Minister say how the risks associated with positions that remain outside the definition—for example, private music tutor or cadet leader—will be monitored? The consistent collection and monitoring of data relating to the implementation and effectiveness of clause 45 are vital if it is to protect the full range of young people who may come into contact with personal abusers. If the Minister will not do what the Opposition consider the right thing, will he please provide clarity on the review mechanisms the Government will put in place to decide whether further extensions of the definition of “positions of trust” in clause 45(2) should take place?

I want to consider some of the Government’s previous objections to the extension of the ambit of the “positions of trust” definition. In March 2020, during a Westminster Hall debate on sports coaches in positions of trust, the Under-Secretary of State for Justice, the hon. Member for Cheltenham (Alex Chalk), said:

“What is at stake here is a need to balance the legal right, as prescribed by Parliament, for young persons aged 16 and over to consent to sexual activity, with the proper desire to protect vulnerable young people from manipulation.”

Although I agree that it is not our place to deny age-appropriate rights as prescribed by Parliament, this is not an attempt to raise the age of consent by stealth. It is an attempt to offer extra protection to young people when they are specifically in a context where there is a disproportionate power imbalance.

--- Later in debate ---

[Victoria Atkins]

Very quickly, I just want to put on the record a point about clauses 50, 51 and 52, and schedule 6. Their background is, as my right hon. Friend the Home Secretary said on Second Reading, the horrific case of Keith Bennett and the Moors murderers, which brought to light the need for new powers to search for material that may relate to the location of human remains.

In 2017, the police believed that they had a further lead to assist Keith’s family in finding his body, when it was discovered that Ian Brady had committed papers to secure storage before his death. However, the existing law would not allow the police to obtain a search warrant to seize the papers, because there was no prospect of them being used in criminal proceedings, as Brady was dead.

These new powers will build on the existing law and enable officers to seize material that may help them to locate human remains outside criminal proceedings. As well as cases such as Keith’s, where a homicide suspect has been identified but cannot be prosecuted, these powers could be useful for the police in missing persons cases, or suicides where there is no indication that criminal behaviour has taken place.

These are terrible circumstances that lead to the need for this law, but we very much hope that passing these measures will bring a small crumb of closure and comfort to the Bennett family and others.

[Sarah Jones]

The Opposition support these clauses, for exactly the reasons the Minister has outlined. The case of Keith Bennett was incredibly awful. Today we saw the news about the ongoing search for remains in a Gloucester café. Mary Bastholm was 15 when she went missing in 1968. She is a suspected victim of Fred West. That search, for various legal reasons, was able to go ahead. Unfortunately, the police have today said that they have not found any human remains, so for Mary’s family the ordeal goes on, to try and get some kind of closure. However, for that family at least we were able to look for remains, but in the case of Keith Bennett the law did not allow the police to look. Therefore, it is absolutely right that we correct the law.

Question put and agreed to.

Clause 50 accordingly ordered to stand part of the Bill.

Clause 51 ordered to stand part of the Bill.

Schedule 6 agreed to.

Clause 52 ordered to stand part of the Bill.

Clause 53

Functions of prisoner custody officers in relation to live link hearings

[Chris Philp]

I beg to move amendment 64, in clause 53, page 44, line 33, leave out “and (4)” and insert “to (4A)”.

This amendment and Amendments 65 to 67 ensure that the references to live audio links and live video links in clause 53(3) are consistent with the provisions made about live links in clause 168 of, and Part 3 of Schedule 19 to, the Bill.