Serious Crime Bill [Lords]

Debate between Theresa May and Elfyn Llwyd
Monday 5th January 2015

(9 years, 3 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I am grateful to the right hon. Gentleman for the support he has shown for the National Crime Agency. I think that the agency is on the right track. There is always more that can be done, but the NCA is obviously building up its operations and capabilities. One crucial difference between the NCA and SOCA is the way in which the NCA operates with police forces around the country. There is also a clear intelligence hub at the heart of the NCA, which means that operations are being focused on the most harmful threats. In every case, a decision is taken on whether it should be a collective operation, an individual force operation or an NCA operation, and on what assets should be brought to bear in those operations.

I shall talk about those aspects of the Bill that will strengthen our ability to get hold of criminals’ assets, as that forms an important part of the work that is being done. Criminals want to make a profit out of their activities, and the more we can do to disrupt them and to access that money, the better. Of course, there is always more that can be done. Parts 1 to 4 of the Bill deal with ensuring that we are able to give the NCA and other agencies the powers that they need to bring offenders to justice, to deprive them of the proceeds of crime and to prevent them from engaging in further criminality. Under this Government, asset recovery has been stronger than ever before. We have recovered around £746 million of criminal assets. We have returned some £93 million to victims, and denied the use of £2.5 billion-worth of assets that have been frozen by the courts. However, we can and must do even better.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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I fully endorse the provisions of the Bill that will make it easier to attach assets resulting from criminal behaviour. The Home Secretary referred earlier to pensioner scams, of which there have been many in my constituency recently, as well as in other parts of north Wales and in Cheshire. Sometimes we have the Cheshire police, the Greater Manchester police and the North Wales police all investigating the same crime. Surely we need better co-ordination if we are not to waste effort in such an unproductive way.

Theresa May Portrait Mrs May
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The way in which the National Crime Agency operates involves a decision on how best to deal with any particular organised crime group that comes to its attention. The agency works with individual police forces as well as with the regional organised crime units to ensure that assets are being used as effectively as possible against the organised crime groups. I am not saying that a situation such as the one the right hon. Gentleman describes could never happen, or that different forces are never involved in investigating the same crime. However, before the NCA came into being, we set up an organised crime co-ordination centre to consider precisely that issue. We do not want anyone to slip through the net, but we also do not want police officers operating against an organised crime group to be put in danger because of the operations of another force. There might be more work to be done in this regard, but there is now a much greater ability to co-ordinate, particularly through the regional organised crime units.

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Theresa May Portrait Mrs May
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I look forward to hearing what my hon. Friend says about this later and the detail that I am sure he will fill in. We are addressing the whole question of the risk that an individual may face from female genital mutilation in the new offence of failing to protect a girl from the risk of FGM. It is important that those who have responsibility for these young girls and are aware of what might be happening recognise that they need to do something to ensure that the individual is not at risk and is not put through FGM. I look forward to hearing the arguments that my hon. Friend will advance later in relation to his point.

Part 5 of the Bill includes another child protection measure in making it an offence to possess so-called paedophile manuals—material that contains practical advice on how to commit a sexual offence against a child. It beggars belief that such things actually exist, but regrettably the Child Exploitation and Online Protection Centre, a command of the National Crime Agency, has seen a number of examples. That being the case, it is right that we act to outlaw the possession of such material. In doing so, I pay tribute to my hon. Friend the Member for Mole Valley (Sir Paul Beresford), who has campaigned assiduously on the issue.

If there are other gaps in child protection legislation, we are determined to take the necessary action to safeguard those at risk of harm. That is why last month my right hon. Friend the Prime Minister announced that we will amend the Bill to make it an offence for an adult to communicate sexually with a child. Many hon. Members have supported the campaign by the National Society for the Prevention of Cruelty to Children, and I pay tribute to them for highlighting this gap in the law.

Before leaving this part of the Bill, I confirm that we will table amendments in Committee to strengthen the protection afforded to the victims of domestic abuse. As the House knows, over the summer the Home Office ran a consultation seeking views on whether a specific offence was needed to criminalise coercive or controlling behaviour in intimate personal and family relationships, and 85% of respondents agreed that the law in this area needed to be strengthened. With over 1 million calls for assistance to the police each year for domestic abuse-related incidents, but only 78,000 prosecutions, it is clear that the criminal justice response to domestic abuse is woefully inadequate. The new offence will provide an additional charging option where there is a pattern of non-violent controlling conduct, the cumulative impact of which can be no less traumatic for the victim.

Theresa May Portrait Mrs May
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Perhaps the right hon. Gentleman will allow me the next sentence.

I am aware that a number of hon. Members, including the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), have campaigned for the introduction of such an offence. I pay tribute to Members who have brought this important matter to the attention of the House. Does the right hon. Gentleman still wish to intervene?

Elfyn Llwyd Portrait Mr Llwyd
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I want to say that I am delighted by what the Home Secretary has said. I thank her for her preparedness to discuss the matter over the past few weeks, and I am grateful for this move forward. As always, the devil is in the detail, but I am greatly encouraged by her comments.

Theresa May Portrait Mrs May
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I thank the right hon. Gentleman for the interest he has taken in this subject and the way he has pursued it.

Finally, the Bill will close a gap in our current legislation in relation to terrorism. Clause 72 extends the reach of the UK courts so that those who prepare or train for terrorism abroad can be prosecuted should they return to this country. As the House is aware, a significant number of UK nationals or residents have travelled to Syria and Iraq to take part in the conflicts in those countries. We face the very serious threat that those fighters may seek to return to the UK and carry out attacks or radicalise people here. Extending extra-territorial jurisdiction for the offences in sections 5 and 6 of the Terrorism Act 2006 will bolster our law enforcement agencies’ ability to protect the public—but we will need to do more. Later this week, the House will have the opportunity again to debate the wider provisions of the Counter-Terrorism and Security Bill, which is designed to disrupt the ability of people to travel abroad to fight and to counter the underlying ideology that feeds and supports terrorism. Given the immediacy of this threat, we will bring forward amendments in Committee to provide for the provisions in clause 72 of this Bill to come into force on Royal Assent.

Before I conclude, I want to advise the House of one further amendment that we will bring forward in Committee. The use of unauthorised mobile phones in prison poses a significant threat to prison security, as well as affording prisoners the opportunity to continue engaging in serious and organised crime while serving their sentence. While significant effort is put into tackling this problem within prisons, physically detecting handsets, let alone SIM cards, is clearly challenging given the ease with which they can be hidden. We need to find a more cost-effective way of denying prisoners the use of mobile phones. Our amendment will therefore confer a power on the civil courts to require mobile network operators to disconnect unauthorised mobile phones in use in prison.

Child Abuse

Debate between Theresa May and Elfyn Llwyd
Monday 7th July 2014

(9 years, 9 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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As I indicated in response to the right hon. Member for Blackburn, the panel may well look at the question of record keeping. It is right that there are certain processes in place, as I also indicated in my earlier response. One of the issues we are dealing with is that, over the years and the time period we are looking at, a number of different approaches to record keeping were taken by Government Departments. It is, I think, best practice to identify what has happened to particular records when they are identified, but the practice of what is done has varied over time. That is one of the aspects that we will obviously need to consider.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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I very much welcome the announcement of the panels of inquiry, but may I ask the right hon. Lady a specific question about a north Wales matter? Some 18 months ago, Mrs Justice Macur was appointed to look at the Waterhouse inquiry, specifically to see whether its remit was too narrow and whether there was evidence of wider sexual abuse. She completed her work in July last year; since then, there has been silence. Will the right hon. Lady look into that matter, and advise the House when the findings will be published?

Theresa May Portrait Mrs May
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I am very happy to do that, and to write to the right hon. Gentleman about the outcome of my inquiry. In relation to certain matters in north Wales, I am obviously aware that Operation Pallial, a criminal investigation, is also taking place. That may be affecting the issue, but I will certainly look into it.

Syrian Refugees

Debate between Theresa May and Elfyn Llwyd
Wednesday 29th January 2014

(10 years, 3 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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My hon. Friend makes an important point. The vast majority of Syrian refugees want to be able to return to their homes and live in peace. Under the scheme, we will be offering a temporary residence here in the UK, but we will consider each individual case as the situation in Syria evolves.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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Will the Home Secretary kindly confirm that asylum seeker status and refugee status are entirely different things in international law? Will she also confirm that she will liaise closely with the Welsh Government on resettlement?

Theresa May Portrait Mrs May
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I am very happy to liaise closely with the Welsh Government, and any opportunities or support that they can give on the relocation of individuals who come to the UK as a result of this scheme will be welcomed. There are different types of status for individuals. We will consider the matter further, but we currently propose that these individuals will be given temporary residence here, but with access to the labour market and other benefits in the same way as refugees would have.

Home Affairs

Debate between Theresa May and Elfyn Llwyd
Thursday 9th May 2013

(10 years, 11 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I recognise the problem that my hon. Friend identifies as one that affects many communities up and down the country. I am pleased to say that in numerous places we have already seen the police taking a more robust approach in dealing with these particular issues. I encourage the police to do that when they are faced with these problems which, as my hon. Friend says, cause considerable concern to local residents.

This Bill aims to give people much greater control over the services that are meant to help them, but which have often in the past been operated for the convenience of those delivering them. The Bill will change that situation.

The Bill tackles another aspect of antisocial behaviour: irresponsible dog ownership. It will extend the offence of being in charge of a dog that is dangerously out of control to apply to any location.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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In looking at the problem of dangerous dogs, can we be more careful this time round, because the last time we attempted this performance, it was a bit of a fiasco and we ended up with bad legislation? The right hon. Lady is right to highlight this issue as a pressing need, but we need to be very careful about how we frame this legislation.

Theresa May Portrait Mrs May
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I accept what the right hon. Gentleman says—that it is important in introducing legislation to look carefully at what its impact might be. The clauses relating to dangerous dogs are limited in number. They extend the ability to deal with dangerous dogs into private places. Sadly, we have seen a number of cases where individuals, and particularly children, have been attacked by dogs in the family home. The current legislation does not cover that, but the Bill will enable us to do so. We will, of course, look carefully at the drafting to make sure that the provision is as effective as everybody would want it to be.

Child Abuse Allegations (North Wales)

Debate between Theresa May and Elfyn Llwyd
Tuesday 6th November 2012

(11 years, 5 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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My hon. Friend is right. One point of bringing extra resource in to support the North Wales police on this issue is to look at the historic allegations and to investigate whether everything was done that needed to be done in respect of following up criminal prosecutions as well as ensuring that all the evidence was taken.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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I commend the Home Secretary for her statement today and the urgent action she has taken. I am very pleased that CEOP will be involved and that every extra resource will be there, if necessary. Some of these allegations, however, are not fresh; they were made during the proceedings of the Waterhouse inquiry. I believe that the right hon. Lady is right that a two-strand approach is vital and that the police should get on with it immediately. As to the inquiry itself, if the individual looking into it says, as others have said here today, that we need a further, overarching public inquiry, will the Home Secretary agree to it?

Theresa May Portrait Mrs May
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We will of course listen to any comments, remarks or proposals that come from the individual who looks into the Waterhouse inquiry, and we will treat them with the seriousness with which they should be treated.

European Justice and Home Affairs Powers

Debate between Theresa May and Elfyn Llwyd
Monday 15th October 2012

(11 years, 6 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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As I set out in my statement, we intend to discuss with various parts of Parliament, including Select Committees such as the European Scrutiny Committee, by what process the House should vote on this issue. We will come back to the House in due course with proposals on how it can express its view on this significant issue of justice and home affairs powers—namely, the package of measures that we might wish to opt into when the time comes.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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Many of the crimes considered most serious by any normal standard are international in type, including the trafficking of drugs and of people, including children, and banking and corporate fraud. Bearing that in mind, does the Home Secretary truly believe that it is in the interests of justice to opt out of scores of cross-border EU justice measures not knowing if and when future opt-ins will succeed?

Theresa May Portrait Mrs May
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As I have made clear, it is not open to us to opt out of individual measures. The last Government negotiated a block opt-out, with a right to opt into certain measures following negotiation with the Commission and member states. We intend to follow that process.

The right hon. Gentleman talks about cross-border crime, which is significant. The drugs that are being peddled on the streets and lead to petty crime are being brought across the border by organised crime gangs. That is why we are setting up the National Crime Agency, which will include a border policing command and will have an enhanced ability to deal with serious and organised crime.

Protection of Freedoms Bill

Debate between Theresa May and Elfyn Llwyd
Monday 19th March 2012

(12 years, 1 month ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I thank my hon. Friend for raising that issue. The persistency of an offence is a factor that should be taken into account when looking at the seriousness of it. Perhaps I can attempt to give the hon. Member for Walthamstow some indication on these matters. My hon. Friend raises the issue of someone persistently undertaking the offence of stalking, and we hope to reach a situation in which early examples, or early behaviour, of stalking can be identified, captured and therefore dealt with through the lower level offence before it moves on to stalking behaviour—the more serious offence that is set out in proposed section 4A.

We do take stalking very seriously, however, and we are determined to do all we can to stamp it out. We have created the two new offences, explicitly putting stalking on the statute book for the first time; we are giving the police the powers of entry that they need to disrupt stalkers at an early stage; and we have responded to the concerns of victims and of victims’ organisations by making it clear that behaviour which ruins lives will be properly punished. I think that those changes will make a real difference to the lives of victims, and I commend the Lords amendments and the Government’s amendments to those amendments to the House.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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It is a pleasure to follow the Home Secretary and the hon. Member for Walthamstow (Stella Creasy) in what is a very interesting debate.

Some 10 months ago I set up an all-party committee covering both Houses, including Members from all parties and none, by which I mean it included Cross Benchers from the other place as well. The hon. Member for South Swindon (Mr Buckland) played a very active part in the committee’s deliberations and is to be commended on the hard work that he put in.

We looked at the whole issue of a stand-alone offence of stalking, something that I have long believed to be a necessary tool in the criminal justice armoury. We were helped immensely by Laura Richards of Protection Against Stalking and by Harry Fletcher of the National Association of Probation Officers, to whom we as a committee are very grateful. The researcher Delyth Jewell also did a sterling piece of work in clerking the committee.

We took evidence from July last year, and we are indebted to those who came and gave of their time to provide evidence to us. I think in particular of the victims and the victims’ families. It took a great deal of bravery to relate some of their accounts. Many were harrowing, almost beyond belief and ended, as the Home Secretary said of her constituent, in death. They were awful situations, so we are indebted to those individuals, because they came before the committee and their evidence has convinced us all that this is an urgent matter that needs to be put right.

We took evidence from lawyers, who said that there was a lacuna in the current law. I was a Member in 1997 when the Protection from Harassment Act became law, and we thought it a fairly decent piece of legislation. Indeed, by and large it has been and has dealt with a great range of offences, but on the particular offence of stalking in large parts it has not fit the bill. The lawyers told us that they, too, thought we needed to consider a separate offence of stalking.

I agree with the Home Secretary that some police officers are very good at pursuing stalking through the provisions in the 1997 Act, but I am afraid—I say this as the brother and the son of police officers; I do not have any great beef with the police generally—that the vast majority cannot handle the problem, hence the fact that 72% to 75% of those surveyed reported that they were very dissatisfied with the police action taken. That is partly to do with complications in the provisions and partly to do with the new form of the offence, which often involves e-transmissions of some kind, and so on. It is also due to a lack of specific training, which is extremely urgent in this context.

We took evidence from psychologists who advised us that in many instances it is possible to address such offending behaviour. It is vital, in the case of individuals who would be subject to new section 4A and sent away for a period of incarceration, but also in the case of those subject to new section 2A, who would not be, that criminal psychologists get involved fairly soon in order to divert them from their behaviour, because, by its very nature and essence, stalking is an obsessive, often repeat, offence that goes on and on. We heard examples of individuals in prison who were planning the next stalking venture from their prison cell.

I am advised by Laura Richards, in particular, that about 20 to 25 practitioners in the UK are able to diagnose and, in large part, deal with stalking behaviour and divert offenders away from it. That is important, because otherwise all we will do is take them off the streets for a while and then they will be back. Whether they have committed a 2A or a 4A offence, it is vital that we make available the necessary specialist clinical services to deal with them. I am no psychologist and I am not medically qualified, but I know that they often have behavioural, as opposed to psychological, problems. People are trained to help them address that, and their expertise must be used to ensure that we have a proper, tough regime to deal with these awful offenders.

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Elfyn Llwyd Portrait Mr Llwyd
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The right hon. Gentleman makes a good point. We took evidence from several police officers, among whom were several knowledgeable females, who had been training their respective forces. Given that we now have a large number of good senior and junior police officers who are women, it will hopefully be more straightforward to put this legislation into effect than the 1997 Act.

I had come here to argue that the inquiry wanted a single indictable, either-way gateway. However, I am persuaded by what the Home Secretary said. I do not disagree with her analysis of new sections 2A and 4A of the 1997 Act. Hopefully, there will be such discretion for the police. When a repeat offender under new section 2A comes up again, he will clearly be a customer for new section 4A. It is extremely important that that is understood. Searches without warrant will happen under new section 4A, but not under new section 2A. I still believe that that power would have been helpful under new section 2A as well, because the police tell us that the earlier we move in on such people, the better the outcome is likely to be.

Whatever legislation we enact, it is crucial that the police, prosecutors—particularly those within the Crown Prosecution Service—judges and magistrates are trained and instructed properly, through various courses, on the necessary approach to this awful offence.

I know that other Members wish to speak, so I will curtail my remarks, but I first wish to put various questions on the record. I do not realistically expect the Home Secretary, or indeed any Minister, to respond to them all this evening, but I hope she will agree to respond in writing in due course.

My first question is whether there will be a consultation with NAPO, Protection Against Stalking and other stakeholders on the interpretation by police and prosecutors of the list of stalking behaviour contained in new section 2A. I agree that “inter alia” is otiose in the circumstances. There will be a review of the behaviour covered, so the point is dealt with without our having to discuss amendment (a).

Will there be an ongoing discussion about the need for improved victim advocacy, which is vital? I can say without breaching any confidences that the Prime Minister also took the view that that was vital. Will there be a full consultation with PAS, NAPO and other stakeholders on the implementation of the new sections of the 1997 Act? The Home Secretary said that there would be an annual review, which seems to me to provide a vehicle for including those stakeholders.

Will the impact of the new sections on police practice and prosecutions be monitored once they become law later this year? Will there be a full consultation with PAS, NAPO and other stakeholders on the interpretation of the definitions of “fear of violence” and of psychological harm involving serious alarm and distress, and will those definitions be set out in guidelines or training?

Will it be possible to monitor the impact of evidence being seized because of the need for the police to obtain a warrant for a perpetrator’s arrest prior to their property being searched under new section 2A? I was going to ask whether there would be consultation on the guidelines for prosecutors, to ensure that persistent stalkers are charged under new sections 2A and 4A, but that has been dealt with, so I need not bother the Home Secretary with it.

I ask the Government to facilitate the treatment of offenders in such a way that as many as practicable can be diverted away from their offending behaviour. Appropriate courses need to be put in place for police, Crown prosecutors, judges, magistrates and probation officers, to ensure that they are thoroughly trained up. I mention Crown prosecutors because the Crown Prosecution Service has now put together a package to deal with the new legislation. Unfortunately, it will deal only with e-crime, not with crimes in general. I believe that that mistake needs to be put right.

Theresa May Portrait Mrs May
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The right hon. Gentleman has asked a number of detailed questions, and I will be happy to get back to him in writing. We have had very good consultation and a very good relationship with NAPO and Protection Against Stalking in developing the Bill, and I expect to continue to have good consultations and discussions with them as we take the matter forward.

On the issue of perpetrators, the aim of reducing reoffending lies behind the rehabilitation work that the Ministry of Justice is doing, and I will certainly bring the right hon. Gentleman’s comments to the attention of the Secretary of State for Justice.

Elfyn Llwyd Portrait Mr Llwyd
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I am grateful to the right hon. Lady for that assurance, which I take to be an invitation to write to her. I had another seven or eight questions, but I shall not labour the House with them this evening.

Before I sit down and allow others to take the matter further, may I once more express my sincere gratitude to all the parliamentarians who took part in the research work? I think this may be the only time when a cross-party group that is not a Committee of the House has succeeded in bringing forward a change in the law. I do not know how often that will happen, but it is certainly a precedent that I favour—I would say that, wouldn’t I?

I wish again to say how grateful we are to Laura Richards of PAS and Harry Fletcher of NAPO, and to all the victims who assisted us by giving evidence. I am also very grateful to the Home Secretary, because I know she has been on the side of the angels on this issue for some time. I am sure she shares my pleasure in the fact that something positive is now being done.

The Bill’s provisions on stalking show that the Government have carried out a listening exercise, and we will now have firm laws. They will prevent lives from being ruined and, crucially, from being lost. They represent an important change in the law, and I have been privileged to play a part in achieving it. The inquiry has been the most enriching and worthwhile experience of my political life, and I am delighted to see the result.

Public Disorder

Debate between Theresa May and Elfyn Llwyd
Thursday 11th August 2011

(12 years, 8 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I am clear that there will be enough police on the streets to do the job that we and the public want them to do, and that police officers want to do. I say to any other Opposition Member who wants to make a similar point that I listened to the previous statement and it is now absolutely clear that the Labour party has abandoned any pretence of having a credible policy to deal with the deficit.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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The Prime Minister said this morning that, all of sudden, the Met could turn out 16,000 people in a day, rather than the previous 6,000 or whatever the figure was. That does not take into account all the other policemen and women from all the other forces. How many Met police were in fact turned out, and how many came from other forces?

Theresa May Portrait Mrs May
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A significant number did indeed come from other forces. I do not want to give the right hon. Gentleman figures that are incorrect, so I will get the precise figures for him. It is right that the 16,000 figure that the Prime Minister spoke about included mutual aid from other forces. I pay tribute to all the forces around the United Kingdom that have been willing to provide support and trained police support units.

Police Reform and Social Responsibility Bill

Debate between Theresa May and Elfyn Llwyd
Thursday 31st March 2011

(13 years ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I have to say to the right hon. Lady that her intervention and that of the hon. Member for Rhondda betray the difficulty that the Labour party has had, both in government and in opposition, with this issue of front-line services. Chief constables such as Chief Constable Steve Finnigan have said that they are determined to protect the front-line service that is provided to members of the public. There is a difference between the service that can be provided and the number of police who are there, and the trouble with Labour is that it has always focused on numbers. What we have seen recently is that there are great variations in, for example, invisibility and availability of the police who are out there on the streets being seen by members of the public. Percentages can vary from 9% of police being available and visible to the public to 17%, as in Merseyside. If that highest figure was followed by every force, then just under 8,000 more officers would be visible and available to members of the public. This is about the efficient use of resources. Police and crime commissioners, as I have said, will bring accountability to local policing.

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Theresa May Portrait Mrs May
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If the hon. Gentleman will forgive me, I am conscious of time and wish to make a little more progress.

The Opposition’s scepticism about the merits of directly elected police and crime commissioners will be tested when it comes to deciding whether to field candidates for the elections next year. Indeed, according to media reports, the former Home Secretary, Jacqui Smith, intends to run as a candidate. Before moving on, I would like to make it clear that responsibility for policing and policing governance in Wales is reserved to this House. This House has determined that the provisions for police and crime commissioners should be implemented in Wales and in England. There cannot be two tiers of governance for a police service whose officers and assets so regularly cross the regional boundary between England and Wales in tackling crime.

Elfyn Llwyd Portrait Mr Llwyd
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Will the Home Secretary give way?

Theresa May Portrait Mrs May
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The right hon. Gentleman may wish to intervene after I have completed my point about the vote that took place in the National Assembly for Wales. I think that it is regrettable that the Assembly did not agree to the legislative consent motion that would have allowed police and crime panels to reflect the unique nature of local government in Wales, as we wanted. That would have included giving the Welsh Assembly Government a seat on the police and crime panels in Wales.

Elfyn Llwyd Portrait Mr Llwyd
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The reason why Assembly Members did not endorse it is quite simply because they do not believe in the idea of a directly elected police commissioner. They did not want the panels and so voted against the proposal. Unfortunately, this place decided to ride roughshod over their wishes and the wishes of democratically elected people in Wales, thus showing little of the respect agenda and acting in a hugely undemocratic way.

Theresa May Portrait Mrs May
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That is not correct. It is precisely because we respect the Assembly’s decision that we are removing police and crime panels from local government structures in Wales. The Assembly had the opportunity to put in place a legislative consent motion that would have enabled that to take place. Such a motion was tabled by the Welsh Assembly Government, but they then chose not to support it, even though they had put it forward. As a result, the view of the Welsh Assembly was that police and crime panels should not form part of the local government structure in Wales. Instead, the PCPs will be freestanding bodies.

I want to make it clear that in taking a power to appoint those freestanding bodies I will not be telling, instructing or forcing any authority to do anything. I will invite local authorities to nominate a member to the PCP for each force area, and if an authority fails to nominate a member, I will invite members directly while having regard to the political balance within the force area. I think that the amendments will ensure that the appropriate checks and balances on police and crime commissioners can apply in all force areas in England and in Wales.