Policing and Crime Bill Debate

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Department: Home Office

Policing and Crime Bill

Theresa May Excerpts
Monday 7th March 2016

(8 years, 1 month ago)

Commons Chamber
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Theresa May Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I beg to move, That the Bill be now read a Second time.

As hon. Members of this House are aware, since 2010 the Government have implemented the most radical programme of police reform in decades. That programme is bringing about real and substantial change, and has made policing more accountable, more efficient and more effective. At the same time, we have ensured that policing plays its part in helping to get this country’s finances back on track. We reduced police budgets, saving £1.5 billion in cash terms from 2010-11 to 2015-16, and crime has fallen. Today, crime is down by more than a quarter since 2010, according to the independent crime survey for England and Wales.

However, the task of police reform is not yet finished. Last autumn, through the spending review, we protected police spending in real terms over the course of this Parliament, once the local precept is taken into account. But no one should be under the illusion that this settlement allows police forces to ease off on the throttle of reform. Over the course of this Parliament we must continue to apply the lessons of the past five and a half years and ensure that policing can respond not just to the challenges of today, but to the challenges of tomorrow, too.

Crime has fallen, but it is still too high. The public rightly expect the highest standards of integrity and professionalism from the police. The challenges ahead are complex and difficult: the growing threat from terrorism; the changing menace of serious and organised crime, fraud and cybercrime; and the increasing role technology plays in crime. We are also seeing increasing numbers of people having the confidence to come forward to report child sexual abuse and other crimes such as domestic abuse and sexual violence.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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The Home Secretary was talking a moment ago about cybercrime and the changing nature of crime. She makes claims about crime numbers falling, but does she not accept that in fact crime is changing? I have here answers from the Home Office stating that it is dealing with 1,000 cases a week of terrorism-related material, 70% of which is from Daesh. There are huge changes in the types of extremist activities online. Does she accept that crime is changing and might not be falling?

Theresa May Portrait Mrs May
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I say to the hon. Gentleman that the figures from the independent crime survey show that crime has fallen by more than a quarter since 2010. Crime is indeed changing. That is precisely why we have set up the National Cyber Crime Unit inside the new National Crime Agency, which was formed over the past five and a half years. He cites a figure of 1,000 pieces of internet material, but that is a slightly different issue; it refers to the number of pieces of material on the internet that are now being taken down on average every week by the counter-terrorism internet referral unit. Members of the public and others are able to refer pieces of material to the police, and we have a very good relationship there, with the police working with the companies to take that material down. He rightly says that the quantity of the material that is being taken down, a lot of which will relate to Daesh, is significant. That is one of the reasons why we have not only worked to have the CTIRU here in the UK, but have worked with our European partners to ensure that at Europol a comparable European body has been set up, and it is also working to take down terrorist and extremist material from the internet.

Huw Irranca-Davies Portrait Huw Irranca-Davies (Ogmore) (Lab)
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The Secretary of State mentioned the exploitation of teenagers, and I am sure she is aware of the Children’s Society’s “Seriously Awkward” campaign. Several constituents have written to me about this asking whether I could raise the issue of whether there is scope within this Bill to address teenage sexual exploitation, particularly that of 16 and 17-year-olds, and the use of drugs and alcohol. They specifically ask for more powers for the police to intervene to stop the sexual exploitation of vulnerable 16 and 17-year-olds through drugs, through drink, and through coercion and grooming, and for a new offence to be brought forward to deal with those who use drugs and alcohol. Does she think that is a possibility?

Theresa May Portrait Mrs May
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The hon. Gentleman mentions the serious matter of the exploitation of those who are perhaps above the age of consent, which therefore raises different issues for the police and for the policing of those crimes. However, the police do have the powers to deal with that today, but I am sure that the issue will be raised during the course of debate on this Bill. It is right to point out that, when we talk about sexual exploitation, it is not just younger children who are potentially subject to it, but teenagers of the age to which he refers.

If policing is successfully to meet the challenges that it faces over the next five years, we must continue to reform it to drive efficiency, new capability, and higher levels of professionalism and integrity. This Bill is directed towards those ends.

Let me turn now to the provisions in the Bill. Many in this House will know of excellent examples of collaboration between the emergency services in different parts of the country. Although each of the emergency services has its own primary set of responsibilities, there is clearly scope to unlock the benefits that can be derived from closer working, including reducing costs. For example, in Cheshire, the police and the fire and rescue service are integrating most of their back-office functions and establishing a single, shared headquarters by April 2018, delivering estimated savings of nearly £1.5 million a year and improving the quality of service to the public.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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Will the Home Secretary also urge some joined-up thinking on her ministerial colleagues, because there are some huge opportunities as a result of the devolution agenda? In places such as Greater Manchester, for example, where the boundaries of the police and crime commissioner, the mayor and the fire authority are coterminous, there is an opportunity to join up the services as a single unit. In other devolved areas, there is not that coterminosity, which then deprives them of the same type of shared services.

Theresa May Portrait Mrs May
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First, the hon. Gentleman is right about Greater Manchester. Obviously, it has taken a number of steps in that direction. The fire and rescue service has signed an agreement to work with North West Ambulance Service so that it can respond to cardiac arrest cases in the region. The critical risk intervention team in Greater Manchester brings police, fire and rescue and ambulance services together, showing in a very real sense how, on the ground, this collaboration can be very effective and bring a better service for people.

The hon. Gentleman is right that the coterminosity issue is a factor in some of these devolution deals. I am very clear that police and crime commissioners should be involved in discussions about devolution deals as they go ahead, but what we are doing in the Bill is enabling police and crime commissioners to have that collaboration with fire and rescue services—but bottom up, so that local areas will determine what suits them in their local area. The benefits that we have seen in areas such as Great Manchester can be brought to other parts of the country. There are other examples. Hampshire, Northamptonshire and many other places are also looking to put that collaboration into practice under the leadership of police and crime commissioners.

Steve Brine Portrait Steve Brine (Winchester) (Con)
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I am grateful to the Home Secretary for mentioning Hampshire before I did. I know that she is looking for reform to continue and for collaboration between the emergency services. I am sure that she is aware of the H3 project in Hampshire between the county council, the constabulary and the fire and rescue service, which is a genuine trailblazer in this area. The partners in that collaboration are already delivering savings of 20%, so is Hampshire not the apple of her eye as she embarks on this Bill?

Theresa May Portrait Mrs May
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I am tempted to do that. I should perhaps respond that my hon. Friend the Member for Winchester (Steve Brine) is the apple of my eye when he stands up and makes such a point about Hampshire. [Interruption.] Well, I have to say to my hon. Friend the Member for Braintree (James Cleverly) that he has not yet put into practice what he said he wished to do.

Hampshire is a very good example of the collaboration that can work. The Minister for Policing, Crime and Criminal Justice has visited Hampshire. He has seen Winchester fire and rescue service and the police station. These are all innovative ideas that provide a better service to people. I commend Hampshire and other parts of the country where they are putting this collaboration into practice.

David Warburton Portrait David Warburton (Somerton and Frome) (Con)
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Does my right hon. Friend agree that collaboration and co-operation are very important when an incident occurs? During and after the Somerset floods, many of my constituents wrote to me and spoke to me about the importance of the emergency services working in tandem. That is the best way to ensure that the most vulnerable in each community get the help they need.

Theresa May Portrait Mrs May
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My hon. Friend makes a very important point. When an incident takes place, the three emergency services will often be called and will have to work together. That is why the Government did a great deal of work under JESIP, the joint emergency services interoperability programme, to look at improving how the three services work together—the protocols, the language that is used and the command structures that can be put in place—so that, as my hon. Friend says, they also work together on their emergency response.

The national picture remains patchy. Collaboration should be the rule, not the exception. That is why, as I have said, part 1 of the Bill places an overarching duty on the three emergency services to collaborate. It will help to drive close working across the country when that would improve efficiency or effectiveness. In the case of police forces and fire and rescue services in particular, I believe that there is a compelling case for taking such collaboration agreements a step further. To facilitate enhanced collaboration and strengthen democratic oversight, part 1 provides a framework for police and crime commissioners to take responsibility for delivering foreign rescue services by local agreement.

Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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I am sure that my right hon. Friend would accept that one of the most challenging parts of our country in which to deliver police services is, of course, Northern Ireland. I am sure that she is aware of the fantastic steps that have been taken in Northern Ireland to share training for the police and the fire authority and the huge savings that that has delivered. Could we not learn something in this House from Northern Ireland’s contribution to training?

Theresa May Portrait Mrs May
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My hon. Friend makes an important point. Of course, we must recognise that there are particular policing challenges for the Police Service of Northern Ireland, but it is right that the police and the fire and rescue service train together there, and that is a very good example.

To return to the intervention made by my hon. Friend the Member for Somerton and Frome (David Warburton) about the emergency services coming together to deal with the flooding in Somerset, training together can help that emergency collaboration when an incident takes place. Over the past three and a half years PCCs have proved the value of having a single democratically elected figure by providing visible leadership, proper local accountability and real local scrutiny of how chief constables and their forces perform while driving reform and innovation and finding efficiencies to ensure value for money for the taxpayer. In nine weeks’ time, voters up and down the country will be able to hold PCCs to account for their performance and judge new candidates on their proposals in the most powerful way possible, through the ballot box. I believe that it is now time to extend the benefits of the PCC model of governance to the fire service when it would be in the interests of economy, efficiency and effectiveness, or public safety to do so.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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There is no doubt that as Home Secretary, the right hon. Lady has altered for ever the landscape of policing in our country. PCCs are an example of that. Does she share my concern about the number of candidates applying for jobs as chief constables? In the case of half of the chief constable posts advertised in the country in the past couple of years, only one candidate has come forward for each job. In the West Midlands, Cambridgeshire and the Home Secretary’s own area of Thames Valley, the deputy has got the top job. They are all excellent candidates, but is it not a worry that so few people are applying at that very high level?

--- Later in debate ---
Theresa May Portrait Mrs May
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The right hon. Gentleman is right to raise that issue. It is a matter that I have discussed with the College of Policing in the context of its leadership work and with Sara Thornton of the National Police Chiefs’ Council. It is not new to have a small number of people applying for chief constable posts. That is one of the things that happens in policing; people tend to work out who they think will get a job and often do not apply if they think that somebody else will almost certainly get it. That has been the practice over the years, but we have seen a number of cases in which there have been single applicants, which is a cause for concern. That is why I have been discussing the matter with bodies responsible for considering leadership in policing to see whether steps can be taken to change that.

Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Lab)
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Will the Home Secretary give way?

Theresa May Portrait Mrs May
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I will give way one further time, then I will make some progress.

Lord Austin of Dudley Portrait Ian Austin
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We in the West Midlands are delighted with the appointment of our new chief constable, Dave Thompson, who we think will do a remarkable job, but can the Home Secretary explain to me why he and his colleagues have had to deal with that police force losing 25% of its budget, compared to Surrey, which has lost just 10% or 12%?

Theresa May Portrait Mrs May
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May I, too, commend Chief Constable Dave Thompson in the West Midlands? I and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), were aware of the work that he did in relation to gangs, which he was doing with the Home Office for a number of years. Once again, the Labour party seems incapable of recognising the settlement that has been given for policing over the next four years, and the fact that we have given that stability to police financing over the next few years.

I return to the topic of collaboration between the emergency services. Where a local case is made, the Bill will enable a PCC to take this one step further by integrating the senior management teams of the police force and the fire and rescue service under a single chief officer. This single employer model will allow the rapid consolidation of back-office functions without the complexities of negotiating collaboration agreements between the PCC, the chief constable and one or more fire and rescue authorities. I should stress that under these reforms police officers and firefighters will remain distinct and separate, as set out in law, albeit supported by increasingly integrated HR, ICT, finance, procurement, fleet management and other support services.

In London, we intend to strengthen democratic accountability by abolishing the London Fire and Emergency Planning Authority and bringing the London fire brigade, managed by the London fire commissioner, under the direct responsibility of the Mayor.

Theresa May Portrait Mrs May
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These reforms to the arrangements in London are supported by all the key bodies, including the authority itself.

The vast majority of police officers and police staff discharge their duties with integrity and professionalism, upholding the best traditions of policing in this country. But where the actions of a minority fall short of the high standards that the public are entitled to expect, there need to be arrangements in place so that the conduct in question can be properly looked into and the matter resolved in a timely and proportionate manner.

In the previous Parliament we took steps to improve standards of police integrity and to strengthen the police disciplinary system. Disciplinary hearings are now held in public and overseen by an independent legally qualified chair. Police officers who are dismissed now have their name held on a “struck off” register so that they cannot join another force. Where corruption is involved, officers can for the first time be prosecuted for a specific offence of police corruption, and the Independent Police Complaints Commission is being beefed up to take on all serious and sensitive cases.

However, there are still significant shortcomings in the current system: indeed, almost three quarters of people complaining to the police are not satisfied with how their complaint is handled. The current arrangements are seen by the police and the public alike as being too complex, too adversarial, too drawn out and lacking sufficient independence from the police. So the provisions in part 2 will build on the reforms that we have already introduced and make the police complaints and discipline systems simpler, more transparent and more robust.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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I appreciate the Home Secretary giving way. Is she as concerned as I am about the length of delay in the disciplinary process and transparency about the failings in relation to Poppi Worthington’s death in Cumbria? What will the Bill do to speed up the process and increase transparency in such circumstances?

Theresa May Portrait Mrs May
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The hon. Gentleman is right to raise a case about which many people were deeply concerned to see what had happened and how it was handled. I understand that there is an issue for the IPCC in relation to a possible inquest, and the interaction between the IPCC and the inquest. These are challenges that we need to consider very carefully to ensure that the proper process can take place in a timely fashion, and that people do not find that these processes appear to be dragged out for a significant time. There are genuine issues sometimes in relation to inquests and IPCC investigations that have to be properly dealt with and addressed, but I know that everybody was concerned about the appalling case that the hon. Gentleman referred to, and he is right to raise it, as I know he has done previously in this House.

Part 2 builds on the reforms in relation to police complaints and disciplinary systems, and the changes will ensure we can strip away much of the system’s restrictive bureaucracy, remove the opaque categorisation for handling complaints and streamline the complex appeals process by replacing the existing five avenues of appeal with a single review of the outcome of the complaint.

The police will be given a new duty to resolve complaints in a reasonable and proportionate manner, while also having greater flexibility in how they meet that duty. We are also injecting greater independence into the system by strengthening PCCs’ oversight role and making them the appellate body for those appeals currently heard by chief constables. It will also be open to PCCs to take on responsibility for other aspects of the complaints-handling process, including the recording of complaints and keeping complainants informed of progress.

The Bill will create a system of “super-complaints”. These are complaints that can be brought by a designated organisation, such as a charity or advocacy body, on a particular issue, which might relate, for example, to a pattern of policing that could undermine legitimacy. This will enable national or cross-force issues to be examined by the inspectorate, the IPCC or the College of Policing, as appropriate.

Part 2 strengthens the protections for police whistle- blowers by enabling their concerns to be investigated by the IPCC, while protecting their identity so that they have the confidence to come forward without fear of jeopardising their own careers. It also enhances public confidence in the police disciplinary system, including by ensuring that disciplinary action can continue against officers after they have resigned or retired, and by placing the police “struck off” list on a statutory footing to ensure that no one dismissed from one police force can be re-employed by another. Taken together, these reforms represent a fundamental overhaul of the police complaints and disciplinary systems.

In addition, part 2 includes provisions to increase the powers and independence of the IPCC. However, we also need to ensure that the body charged with overseeing the system as a whole is itself organised in such a way as to best equip it to efficiently and effectively discharge its enhanced role.

Following an independent review by Sheila Drew Smith and our recent consultation on changes to the governance of the IPCC, I have concluded that the existing commission model, with commissioners having operational responsibilities, is no longer suitable to oversee the expanding organisation in the new system. At a time when the IPCC is growing as an organisation to take on all serious and sensitive cases, it needs to be more streamlined, more responsive to the public and better able to cope with the cases it is taking on. I therefore intend to bring forward amendments to the Bill to provide for a new governance model.

The reformed organisation will be headed by a director general, appointed by Her Majesty the Queen. The director general will have ultimate responsibility for individual case working decisions, including in respect of the investigation of the most serious and sensitive allegations involving the police. Corporate governance will be provided by a board comprising a majority of non-executive directors, appointed by the Home Secretary, which will have oversight of the overall running of the organisation. It follows that as, under the new governance model, there will be no commissioners, we cannot continue with the name “Independent Police Complaints Commission”. The reformed organisation will instead be known as the Office for Police Conduct.

I should add that the IPCC is supportive of the need for reform, and I am grateful for the input and co-operation of the current chair and chief executive during the development of these proposals.

Kevan Jones Portrait Mr Kevan Jones (North Durham) (Lab)
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I broadly welcome what the Home Secretary is outlining in terms of the IPCC, but one complaint I have from constituents is about the time the IPCC takes to deal with some very simple cases. Constituents would rather know that there was no case to answer than see things being dragged out. Are there any proposals to have different tracks for more complex cases and simple cases?

Theresa May Portrait Mrs May
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Yes. It is important that all cases are dealt with in as timely a fashion as possible. Beefing up the ability of local complaints procedures to deal with what we might see as simpler local complaints may very well enable people to get a better response from that local complaints process, rather than feeling that things then have to be put through to the IPCC, which will have a focus on serious and sensitive cases. Also, the restructuring will help to smooth the process by which cases are looked at by what will be the OPC.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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This Second Reading debate is not the time to go into the details of the case of former sergeant Gurpal Virdi, but will the Home Secretary ask her advisers to talk to the IPCC about why it is saying that his complaint should be referred back to the Met’s department of professional standards, given that the complaint was about its behaviour in the first place, in the incomprehensible prosecution that he had to endure last year?

Theresa May Portrait Mrs May
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My hon. Friend raises a case that, as I know from our discussions and correspondence, he has taken very seriously and acted on for some time now. I recognise the issue that he has raised. There are questions around this case that relate not just to the IPCC and the police but to the Crown Prosecution Service, and I know that he has taken those up. I will reflect on the point that he made.

In part 3, for the first time, we will create a list of core police powers that may be exercised only by warranted officers, such as powers of arrest and stop and search. Police powers that do not form part of this reserved list can be conferred by a chief officer on a member of police staff or a volunteer, provided that they are suitable and capable of carrying out the relevant role and have received the appropriate training. This will ensure that chief officers have the flexibility and freedoms to make best use of the skills, experience and training of their workforce, whether they are warranted officers, police staff or volunteers.

As Members of this House are aware, volunteers have much to offer policing. Over 16,000 special constables regularly give up their time to help keep our communities safe. However, forces are missing out on opportunities to use those with specialist skills, for example in IT or forensic accountancy, who would be prepared to volunteer their time but do not want to become a special constable. It makes no sense that a chief officer can vest all the powers of a constable in a volunteer, but lacks the ability to confer on a volunteer a narrower set of powers relevant to a particular role. The existing law also puts unnecessary constraints on a chief officer who wishes to maximise the operational effectiveness of police staff. The Bill removes these barriers while strengthening the role of warranted officers. It confers on chief officers the ability to designate police staff and volunteers with those policing powers appropriate to their role.

I am committed to ensuring that the police have the powers they need to protect the public and to prevent, detect and investigate criminal offences, but we should continue to keep the coercive powers of the state under regular review to ensure that the rights of the individual are properly balanced against the need to keep our communities safe.

Theresa May Portrait Mrs May
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If I may, I will make a little more progress on this issue. In two instances—pre-charge bail and detention under the Mental Health Act 1983—we need to take action to ensure we get the balance right. Part 4 therefore contains a number of important reforms to police powers. In the case of pre-charge bail, it is apparent that a significant number of individuals have spent an inordinate amount of time on bail only to end up not being charged or, if charged, found not guilty. Of course, the police and prosecution need time to assemble and test the evidence, particularly in complex cases, before coming to a charging decision, but we need to recognise the stress caused when people are under investigation for prolonged periods, and the disruption to their lives where they are subject to onerous bail conditions.

Ann Coffey Portrait Ann Coffey (Stockport) (Lab)
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I welcome the provision in clause 53 to increase safeguards for 17-year-olds, in recognition of the fact that they need to be treated as children when in police detention. However, there is also a strong argument for heavier sentences for adults who have been convicted of sexual assaults against 16 and 17-year-olds who, although over the age of consent, are still children in law. Will the Home Secretary consider that proposal?

Theresa May Portrait Mrs May
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The hon. Lady raises an interesting point. However, it is possible that the age of the individual can be used as an aggravating factor in relation to dealing with the offence, so it can be taken into account in the case of somebody who is 16 or 17.

Before coming specifically to the issue of mental health, I will deal with the bail proposals. To address the legitimate concerns that have been raised about the current arrangements, the Bill introduces a number of safeguards. First, it creates a presumption that a suspect will be released without bail conditions attached. Secondly, where it is necessary and proportionate to release on bail, this would normally last no longer than 28 days. Thirdly, if this initial period needs to be extended, it can be extended only up to three months on the authority of a superintendent, and any subsequent extension, for a maximum of three months at a time, must be authorised by a magistrates court. The Bill provides for a special procedure in complex cases, such as those investigated by the Serious Fraud Office, but the requirement that prolonged periods of pre-charge bail, and any conditions attached to that bail, are subject to judicial approval is clearly established in primary legislation.

The Government are committed to ensuring better outcomes for people with mental health problems. Those experiencing a mental health crisis and who present a danger to themselves or to others need rapid support and care from mental health professionals. They do not need locking up in a police cell for up to 72 hours.

Over the past couple of years, significant strides have been made in reducing the instances where police cells are used as places of safety, but we must do more. The amendments to the Mental Health Act 1983 will ensure that police cells can never be used as a place of safety for children and young people under 18, and that they are used only in genuinely exceptional circumstances in the case of adults.

Charles Walker Portrait Mr Charles Walker (Broxbourne) (Con)
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I thank my right hon. Friend for all the work she has done with Black Mental Health UK in previous years. Will she meet Black Mental Health UK, Rethink Mental Illness, Mind and other interested parties to discuss their continuing concerns about sections 135 and 136 of the Mental Health Act? They all accept that the Home Secretary has made some fantastic strides in the Bill.

Theresa May Portrait Mrs May
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My hon. Friend, who has a fine record of campaigning on these issues, is right to raise that point. The organisations he mentions meet Ministers regularly through the crisis care concordat, but I am happy to look at their concerns. I hope that the Bill will go some way to dealing with some of the continuing concerns, notwithstanding the work we have done over the past few years in improving the police response to people who are at a point of mental health crisis.

Kevan Jones Portrait Mr Kevan Jones
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I welcome some of the mental health changes being outlined by the Home Secretary, but there is an omission in relation to advocacy. Those individuals detained under sections 135 and 136 are not automatically allowed to have advocates. Will she look at that, because I think it would certainly strengthen some of the Bill’s reforms?

Theresa May Portrait Mrs May
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The hon. Gentleman makes an interesting point. Obviously, what we are trying to do through the Bill, the street triage pilots and the extra mental health provision in various parts of the country is to reduce the need for advocacy by reducing the amount of time people can spend in a police cell. Indeed, the Bill also reduces the maximum period of detention for the purposes of mental health assessment under sections 135 or 136 from 72 hours to 24 hours, with the possibility of an extension to 36 hours if a medical practitioner decides that it is clinically necessary. In parallel with those legislative changes, the Department of Health is making up to £15 million available in the coming year to improve the provision of health-based places of safety.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Con)
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Will the Home Secretary join me in commending Devon and Cornwall police, who, through careful joint working, have made great strides in reducing the use of cells under section 136 over the past year? Does she agree that police forces also need to collect data on how long people are being detained in police vans? We do not want police cells to be substituted by police vans.

Theresa May Portrait Mrs May
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My hon. Friend raises an important point. Whenever we legislate, we have to consider the possible unintended consequences. Of course, the whole point of the street triage pilots and the availability of advice from mental healthcare professionals to the police is to ensure that somebody can be taken to a place of safety, not a police cell. A van is not an appropriate place to hold people, either. My hon. Friend is certainly right that we should look at the issues to make sure that we are not inadvertently creating another problem.

Steve Brine Portrait Steve Brine
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Will the Home Secretary give way?

Theresa May Portrait Mrs May
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Despite what I said earlier, I apologise to my hon. Friend, but I need to make some progress. [Interruption.] The fickleness of woman!

Let me turn to the question of firearms. This coming Sunday will mark 20 years since the appalling murder of 16 children and a teacher at Dunblane Primary School. I am sure the whole House will want to join me in sending our deepest sympathies to those who lost loved ones and to the survivors of that terrible day. We are also reminded of the importance of firearms legislation in helping to prevent such events from happening again.

In this country, we have some of the toughest firearms controls in the world. It is no coincidence that the number of homicides and other crimes involving firearms is relatively low, but we must remain vigilant. Where there is clear evidence of loopholes in the law that can be exploited by terrorists and criminals, we must act to plug the gaps. The provisions in part 6 are directed towards that end.

After extensive consultation, the Law Commission has made a number of carefully considered recommendations for tightening up the firearms Acts. It is simply no longer sustainable, for example, to have uncertainty around what constitutes an antique firearm. The Bill therefore defines that and other terms so that it is clear when firearms, and their component parts, are subject to the controls under the firearms Acts. We are also introducing statutory guidance for police forces on the exercise of their licensing functions under the firearms Acts. That will ensure that the law is consistently applied and all appropriate checks are undertaken when considering someone’s suitability to hold a firearm or shotgun certificate.

Finally, part 8 strengthens the enforcement of financial sanctions, which are important foreign policy and national security tools. The effective implementation and enforcement of financial sanctions are vital to their success. To this end, the Bill increases from two to seven years’ imprisonment the maximum sentence that can be imposed following a criminal conviction for a breach offence, introduces new civil monetary penalties and extends the availability of deferred prosecution agreements and serious crime prevention orders.

Ann Coffey Portrait Ann Coffey
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Will the Secretary of State give way?

Theresa May Portrait Mrs May
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If the hon. Lady will excuse me, I am virtually at the end of my speech, and I wish to finish.

Part 8 also introduces a mechanism to ensure that UN-mandated sanctions can be implemented without delay to minimise the opportunities for the dissipation of assets before new sanctions regimes come into force, and to help the UK comply with its international obligations.

Andy Burnham Portrait Andy Burnham (Leigh) (Lab)
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Will the Secretary of State give way?

Theresa May Portrait Mrs May
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I have just indicated to the right hon. Gentleman’s colleague that I would not give way. However, he is the shadow Home Secretary.

Andy Burnham Portrait Andy Burnham
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I am grateful to the Secretary of State for giving way, and I appreciate that she is coming to a close. She began her speech by saying that crime had fallen, and it is important that we have clarity on that point. I draw her attention to an exchange between the Policing Minister and my hon. Friend the Member for Rotherham (Sarah Champion) last week. My hon. Friend asked the Minister whether crime would spike when online crime was added to the statistics. The Minister said:

“The National Audit Office suggested that that would be the case, and we have to accept that.”—[Official Report, 1 March 2016; Vol. 606, c. 917.]

Was the Minister right to say that, and will crime go up when those figures are added?

Theresa May Portrait Mrs May
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The statement that I made about crime falling is based on the independent crime survey of England and Wales. That shows clearly that crime has fallen since 2010 by more than a quarter. What we are now doing is recognising that certain types of crime have not been fully recorded in the past. Cybercrime did not suddenly start in May 2015. Cybercrime and fraud took place under the last Labour Government as well as under subsequent Governments. We are now recording those figures and ensuring that they are available to the public. I welcome the fact that we are being open with people about different sorts of crimes that have been committed in the past but were hidden under the last Labour Government.

Ann Coffey Portrait Ann Coffey
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Will the Secretary of State give way?

Theresa May Portrait Mrs May
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I am virtually on my last sentence. The Bill will continue the Government’s commitment to reform public services, not for the sake of it but to deliver more responsive, accountable police forces that continue to cut crime and keep our communities safe. I commend the Bill to the House.

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Andy Burnham Portrait Andy Burnham
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I do not think that the hon. Gentleman can have been paying attention. We have just had an exchange in which the Home Secretary acknowledged that online crime is about to be added to the crime figures. As he may know from his constituency postbag, crime has changed in recent years. We have seen reductions in traditional volume crime—burglary, car crime—and crime has moved online. When Ministers stand at the Dispatch Box and complacently say that crime has fallen, I am afraid that they are not representing the real picture. The real picture will look very different when the figures are published in a couple of months’ time.

Theresa May Portrait Mrs May
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Will the right hon. Gentleman tell us why he did not advocate adding the figures for fraud and cybercrime to the crime figures and ensure that they were added when he was a Minister in the Home Office?

Andy Burnham Portrait Andy Burnham
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There is a simple answer: because the current practice was recommended by the independent Office for National Statistics. The Home Secretary may want to take credit for everything, but I am afraid that she cannot do so. It was independently recommended, and just as the previous Labour Government accepted statisticians’ independent recommendations, so must she. The picture will soon look very different, and I caution her against the complacent statement, which she made again today, that crime has fallen. Crime has changed, and the figures will soon show that crime has in fact doubled.

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Andy Burnham Portrait Andy Burnham
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Clearly the hon. Gentleman was not listening because I praised the role of police specials and said that there was a role for volunteers. I happen to believe, however, that it is not fair to put those volunteers in dangerous positions without the powers, without the training and without the resources to do the job properly. If he thinks that emergency services that are increasingly run by volunteers represents the right way for us to go, I can inform him that Opposition Members seriously disagree with him.

The most worrying part of the Bill is part 1, given its implications for the future of fire and rescue services. Fire services have already faced severe cuts over the past five years, and they face another five years of deep cuts to front-line services. Our worry is that the Bill could make them even more vulnerable and could lead to fire and rescue services disappearing altogether as separate services. There is a real concern that the proposals to put fire under the control of police and crime commissioners has simply not been thought through. I am sure that the Home Secretary agrees that this is a major change, so will she answer this question: where is the Green Paper or the White Paper examining the pros and cons for such a change to the governance of our emergency services?

Theresa May Portrait Mrs May
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Putting aside the fact that we consulted on collaboration between the police and fire services, the right hon. Gentleman says that he does not think that those services should come together, so perhaps he will explain why his colleague, the hon. Member for Birmingham, Erdington (Jack Dromey), said last October:

“I think that police and fire services logically sit within the context of a combined authority.”—[Official Report, 14 October 2015; Vol. 600, c. 376.]

Andy Burnham Portrait Andy Burnham
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I am afraid that the Home Secretary needs to be corrected on a lot of that. First, although, yes, she did consult, she consulted purely on the process by which a PCC would take over fire, not the principle of whether they should do so. I stand entirely by the comments of my hon. Friend the Member for Birmingham, Erdington (Jack Dromey). A combined authority is not a police and crime commissioner; it is a very different thing altogether. Such a structure keeps fire within local government, which is where it has been for some time.

There is another reason why independence is important. The Home Secretary proposes a single-employer model, which could lead to the end of a separate fire service, but there are good reasons why the fire service has traditionally been separate from the police. In some inner-city areas with a history of tension with the police, the independence of the fire service is important because that means that the service can continue to operate even if there are difficulties or a stand-off with the police.

The Knight review considered the possible benefits of greater collaboration, which we support, and an expanded role for PCCs, but it also advised the Government to pilot the proposal carefully, given the complexity of governance. However, the Bill goes much further than that and, most worryingly of all, it takes away any say for local people. It effectively allows a PCC to make a case to the Home Secretary and then gives her full power to decide, thus completely cutting out the role of local elected representatives, not to mention the public. What on earth happened to the Government’s commitment to devolution? Just as with metro mayors, it looks like these expanded PCCs will be mandated from the centre. The Government have not made the case for changing the fire service in this way, and nor have they shown how the independence and funding of the fire service will be protected under the new system. The fire service, as the junior partner in the arrangement, will be more vulnerable to cuts.

I know that the concerns I have outlined are held by not only Labour councillors, but Conservative councillors, as the nods that I see from Government Members appear to indicate. I give notice tonight that unless the Government can show how fire services will be protected, with local people given the final say, Labour will vote on Report to oppose this ill-thought proposal. Our fire services have been chopped and changed enough. It is time to make a stand for the fire service and to show the thousands of dedicated firefighters that we recognise their important separate role. Rather than letting the service end up as a division of the police, which is what the Government seem to want, Labour will propose an alternative future for the fire and rescue service and how it responds to future challenges, which will include a statutory responsibility to deal with flooding.

I am sure that I have heard the Policing Minister say more than once that he used to be a fireman. Well, it seems that this former fireman has been given a mission—perhaps to lull people into a sense of false security—of overseeing the demise of the fire service as a separate entity. I can tell him tonight that we are not going to let it go without a fight.