Prisons and Probation: Foreign National Offenders

Tracey Crouch Excerpts

Tuesday 12th March 2024 Commons Chamber

[Alex Chalk]

First, I commend the hon. Gentleman for visiting his local prison, as doing so is extremely valuable and I am grateful for his feedback. He raised a number of issues and I would be happy to write to him, but may I just deal with one thing in particular? We ask prison officers to do an extremely difficult job; they need to be robust, but sometimes they have to be sensitive. To assist them in doing so, we are ensuring, first, that they are paid properly, and so we accept every last penny of the Prison Service pay review body recommendation. Secondly, we are rolling out body-worn video, so that they know that if a situation looks like it is escalating, the evidence will be there—that provides a powerful deterrent effect. Thirdly, and finally, we are reducing attrition. I hope he will agree that experienced prison officers are the ones who can make those tough decisions on when to be tough and when, metaphorically speaking, to offer that hand of support.

[Tracey Crouch (Chatham and Aylesford) (Con)]

Clearly, there is pressure on the prison estate. I appreciate that some of the challenge to the Justice Secretary’s statement today is about many thinking that we are not keeping in prison people who should be there, but there is also a problem of some people being sent to prison who should not be there. He will be aware of my police officer constituent who one minute was hailed a hero for apprehending a violent criminal and the next found himself in Wandsworth prison.

There is a slight irony, given this statement, that the Government intend to put further pressure on the estate through clauses in their Criminal Justice Bill proposing the imprisonment of beggars and rough sleepers. Given what he is saying today, will he consider supporting the amendments tabled by my hon. Friend the Member for Harrow East (Bob Blackman), and supported by myself, my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) and many others from across this House, that would remove the intention to imprison rough sleepers and beggars?

[Alex Chalk]

My hon. Friend assiduously raises matters on behalf of her constituents and is going to be such a loss to this House. She indicates in that question why she will be. Of course, I cannot comment on the specific circumstances relating to her constituent, because of the independent trial process. The Criminal Justice Bill contains Home Office measures, but I will ensure that the Home Secretary is aware of the points she has raised.

Police, Crime, Sentencing and Courts Bill

Tracey Crouch Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Tracey Crouch (Chatham and Aylesford) (Con)]

Thank you for your kind words, Mr Deputy Speaker. Time is exceptionally limited, so I shall keep my remarks short, but like others, I wish to extend my condolences to the family and friends of Sarah Everard.

I welcome this Bill, which draws on our manifesto commitment to make the country safer by equipping the police with the powers needed to protect themselves and the public, while strengthening sentencing laws to keep serious sexual and violent offenders in prison for longer. It is unfortunate that recent events have overshadowed the good intentions of the copious measures in this Bill, and I share the views of those in the House and outside it that we need to do more to protect women and girls. Why should we be afraid to walk somewhere or even exercise after dark? But, rather than trying to kill off the Bill, we should be working cross-party to strengthen it to that end.

I am a supporter of the police and I am afraid that I do not think we stand up for them often enough in this place. We read about the occasions when they misjudge or mishandle things, but we do not read about the 99% of the time where they silently get on with keeping us safe. Like all other key workers, our police officers have continued to work throughout the pandemic on the frontline, often being spat at and assaulted. I have many police officers living in my constituency and I am a proud aunt of a policeman. The measures in the Bill will better protect them and other emergency workers, not least by doubling the maximum sentence for assault on emergency workers, which is much overdue.

I am delighted that the Bill includes measures to extend the positions of trust provisions to include those who coach, teach, train or supervise in sport or religion. This has been a long process, but I am exceptionally grateful that this Home Secretary and Justice Secretary have listened to me, the hon. Member for Rotherham (Sarah Champion), Baroness Tanni Grey-Thompson, the National Society for the Prevention of Cruelty to Children and, most importantly, the brave victims who spoke out about the abuse that they suffered at the hands of their coach or religious leader. The need for change has finally been accepted.

There is so much that I could speak about in this 296-page Bill, but I just want to mention two things. First, my local council very much welcomes the Bill’s provisions that deal with illegal encampments, but Medway Council has requested that an amendment is added that gives local authorities the powers to seek recovery costs for the damage caused. As challenging as this may be in practice, concerting the power that enables them to do so is something that I am willing to table, and I hope that the Government will seek to support it. The second point, which was raised eloquently yesterday by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), is the need for a specific offence and stronger punishment for pet theft. There has been an extraordinary and worrying rise in the theft of dogs, and many of my constituents are fearful for their beloved pets, so using this Bill as an opportunity to strengthen protections is essential.

Given the time, let me conclude by saying that there is so much more that I could add, but this is a good Bill, albeit with plenty of scope for improvement and for new things to be added to it. First and foremost, I look forward to supporting it in the Lobby tonight.

Probation Services

Tracey Crouch Excerpts

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

I pay tribute to the work of Baroness Corston, which has informed policy over many years. I know that she would welcome the female offenders strategy, which enjoyed cross-party support in 2018. We are now putting that into implementation. I have announced a centre in Wales, which will really help to provide that small-scale residential but secure environment. I am keen to try to replicate that wherever possible. I have to work within a budget, but, as I have announced, it has seen an overall increase, and I want to make sure we can drive that forward in a way that I think the hon. Lady will applaud.

[Tracey Crouch (Chatham and Aylesford) (Con)]

The Secretary of State has acknowledged today, as he did last year, that the employee-owned CRC in Kent is an example of good practice and innovation, and it has rightly received national and international recognition. Given the ambitious timetable that he has set out, will he confirm that he remains committed to a mixed market, so that the likes of our employee-owned CRC can continue to make a positive contribution to delivering services that matter in terms of keeping my constituents safer and helping to change lives?

[Robert Buckland]

I am grateful to my hon. Friend, who has consistently raised these issues in the past year to 18 months. She is right to hold me to account on that need to maintain a mixed economy approach, to harness the excellent work of the employees that she talks about in the new structure and to make sure that that initiative—that sense of personal ownership of the programmes—is not lost as we make that transition. I am grateful to her.

Oral Answers to Questions

Tracey Crouch Excerpts

Tuesday 9th June 2020 Commons Chamber

[Lucy Frazer]

Those are two important points. On education, I completely agree with the hon. Lady that education is important to the reduction of reoffending. As I mentioned, we have set out in our national framework what provision we can bring back safely, and in the first phase we will bring back education in the youth estate. On testing, we already have some testing of prisoners in prisons, and testing is available to our staff. We will roll out increased testing in prisons as matters progress.

[Tracey Crouch (Chatham and Aylesford) (Con)]

In Kent, Surrey and Sussex, the rehabilitation and education of offenders continues once they are released from prison, thanks to our excellent community rehabilitation company, which has also altered its practices to ensure that it can maintain some level of contact throughout the covid pandemic. In May, the CRC contacted the Ministry of Justice contract managers to ask whether a temporary change to unpaid work rules could be implemented in order to deploy people sentenced to community payback with small farmers and help with the Pick for Britain initiative. Such a change could provide an estimated 190,000 hours of work. Has the Minister had the opportunity to talk to colleagues in the Department for Environment, Food and Rural Affairs about that suggestion, which would not only help offenders to complete their rehabilitation but benefit our farmers, who are desperate for workers?

[Lucy Frazer]

My hon. Friend and other Members who represent Kent, Surrey and Sussex work closely with their CRC. We are looking carefully at how we can support the farming industry and other key sectors at this time. In particular, we want to encourage ex-offenders into permanent agricultural employment. The Secretary of State and I have had discussions on the issue with our counterparts at the Department for Work and Pensions. The New Futures Network, which organises links between prisoners, prisons and employers, is in active discussions with the National Farmers Union.

Sports Coaches (Positions of Trust)

Tracey Crouch Excerpts

Wednesday 4th March 2020 Westminster Hall

[Tracey Crouch (Chatham and Aylesford) (Con)]

I beg to move,

That this House has considered positions of trust and sports coaches.

It is a pleasure, as always, to serve under your chairmanship, Mr Paisley. In November 2016, former Crewe Alexandra player Andy Woodward waived his anonymity to become the first player to publicly reveal that he was sexually abused as a child by former coach Barry Bennell. Woodward’s bravery led to others coming forward to speak about their experiences of shocking abuse.

Within a few days, the Football Association and the National Society for the Prevention of Cruelty to Children had set up a hotline dedicated to helping footballers who had experienced historical sexual abuse. In the first week, the hotline received nearly 900 calls. Football was in the middle of a major safeguarding scandal, but the problem was not limited to football. Athletes from different sports spoke out about their experiences of historical sexual abuse at the hands of coercive coaches or managers who were intent on getting what they wanted by using—or rather, abusing—their position of trust.

I was Sports Minister at that time, and I remember feeling an element of pride in how sport reacted to those horrific stories. The FA did what it had to do for football and the same was done for other sports. Within a relatively short time, sport as a whole, while recognising that many of the incidents in the press were historical and took place before much of our child protection legislation was in place, instigated internal changes to safeguarding practices to ensure that procedures were in place to maximise protection against abuse in sport.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on securing the debate. I took part in a 2018 debate on safeguarding children in sport when she was Sports Minister, and I was very thankful for all that she said in reply to the questions that were raised, as well as for the role that she played. I am here again to support her. Does she agree that in this place we have talked for far too long about this issue? We now need to act to ensure that the trust of no more children is abused through this loophole.

[Tracey Crouch]

I remember the debate that the hon. Gentleman mentions and to which I responded. I entirely agree that there has been far too much talk, which is why I secured this debate.

I will return to what sport was doing in 2016 and early 2017 to maximise protections against abuse in sport. As well as football, other sports—with support from Sport England and the NSPCC child protection in sport unit—also made positive changes in a relatively short time to the way that they keep their participants safe. They rightly took responsibility and took it seriously.

They asked for just one thing from the Government, which was to extend the positions of trust legislation to include sports coaches. That was a perfectly reasonable request—one with which the Department for Digital, Culture, Media and Sport agreed—but the Government have failed to deliver on that ask and, as a result, we have potentially put other youngsters at risk from abusive coaches.

Under the Sexual Offences Act 2003, it is illegal for certain professions, such as teachers, to engage in sexual activity with a 16 or 17-year-old, as they are considered a person in a position of trust. The Act proscribes a limited number of roles but does not extend into a range of non-statutory settings that may be subject to far less scrutiny than those covered by the Act.

[Carol Monaghan (Glasgow North West) (SNP)]

I congratulate the hon. Lady on securing the debate. I declare an interest as both a teacher and a gymnastics coach. The relationships that coaches of gymnastics and other sports develop with athletes can, without a shadow of a doubt, be far deeper than those of other teachers, because of the amount of time spent in their company, particularly with elite athletes. We have to get this absolutely right to protect children.

[Tracey Crouch]

As somebody who coached in football for a very long time, I understand where the hon. Lady is coming from. I completely agree that the relationships that coaches build with the people in their care as they develop in their sports journey are incredibly important. I vividly remember an email that I received from somebody after the abuse stories came to light. They were also a teacher, but they had not realised that the positions of trust legislation, under which they operated every day in their professional life as a teacher, did not extend to times when they independently stood at the side of a football pitch as a coach.

Our colleague, the hon. Member for Rotherham (Sarah Champion), has done some excellent work on this matter. The report from the all-party parliamentary group on safeguarding in faith settings should be required reading for anyone who cares about the issue.

We should perhaps reflect briefly on why we have that particular section of legislation in the 2003 Act. People who work in schools, as carers or as youth workers, will have gone through the required disclosure and barring service checks. Although some might fall through the cracks, ultimately, people who pose a known risk to children or vulnerable adults will not, if the system works properly, be allowed to work in that sector. The legislation adds an extra layer of safeguarding to prevent those in positions of trust from forming relationships with children who, although they are over the age of consent, are not considered legal adults and could be abused given the nature of the power balance.

I have spent a significant amount of my life coaching, so I can tell the Minister that I concur with sports and the NSPCC that in sport especially, but not exclusively, the elite pathway is a vulnerable area. In my view, the Ministry of Justice should have acted positively and straightaway to close as soon as possible the loophole in the 2003 Act.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Some say that because a coach has to have a DBS check, the positions of trust legislation is not necessary. Assistant coaches, however, who are supervised by coaches, do not need to undergo DBS checks and could fall through the cracks. Does the hon. Lady agree that the positions of trust legislation needs to be extended to cover those areas as well?

[Tracey Crouch]

I completely agree; DBS checks should not be the be-all and end-all. The legislation adds an extra level of safeguarding.

When I was dealing with the issue as Sports Minister, it was claimed that if the legislation was extended to sports coaches, it would also need to be extended to music teachers, private tutors or, as my hon. Friend the Member for Gloucester (Richard Graham) has called for, driving instructors. My response, as the daughter of a social worker who spent her life dealing with child sexual abuse, is, “Yes it absolutely should be.” I fail to fully understand why it should not.

[Richard Graham (Gloucester) (Con)]

My hon. Friend is making exactly the right case. I have experience of a situation in which a driving instructor had clearly groomed one of my constituents, as well as another case, which is well known to the NSPCC, in which somebody was groomed for a very long time by a sports coach who continues to offer his services.

In truth, we know from recent exposures that the problem is not limited to the UK—it happens around the world—and it is time this country set an example by changing the law. Does my hon. Friend agree that, with a new Justice Minister—my constituency neighbour and hon. Friend the Member for Cheltenham (Alex Chalk)—that would be a great step forward?

[Tracey Crouch]

I agree, and I hope that the Minister is listening and will take positive action. My hon. Friend has done amazing work to highlight the issues with driving instructors and should be congratulated on that. Concerns about the scope of the proscribed list is a poor reason to avoid taking a policy position and changing the positions of trust provisions.

Anyone in a position to influence the direction of another person’s journey through life—meaning that a power balance rests with them—should not be able to abuse that position via a sexual relationship. Someone’s place in the team or time on the pitch, or the competitions in which they are entered, should not be vulnerable to another person’s physical or emotional demands.

The legislation can be easily amended, either by adding to the list or removing it altogether. The Ministry asked for evidence of why change was required and, although evidence was provided, nothing has happened. Earlier this year, The Guardian reported that a freedom of information request had found that between 2014 and 2018, there were 653 cases in which adults who could be regarded as being in a position of trust had had a sexual relationship with a 16 or 17-year-old. Of the 495 cases in which the adult’s role was recorded, the majority were in sport, and the data showed that such incidents had increased.

Sport is doing what it can to prevent dangerous people from working with children and young adults. It has enhanced its safeguarding procedures, as part of the implementation of my sports governance code, and many use enhanced DBS checks. While the loophole exists, however, that in the eyes of the law it is deemed okay to have sex with someone over the age of 16 in your trust in sport, coercive and abusive behaviour will continue and the lives of many more youngsters will be ruined.

When I was a Minister, with the then Home Office and Justice Ministers, we agreed that that change was essential, so the inexplicable delay in implementing that ministerial direction is shameful. I understand that the MOJ is exploring non-legislative solutions but, frankly, that can never solve what is fundamentally a legal problem. It would be a shocking downgrading of the Department’s responsibilities. Guidance is not the law, in that sense.

I appreciate that the Minister was not in the hot seat when officials were finding reasons why not to do that previously, but he is now. As the hon. Member for Strangford (Jim Shannon) said, now is the time for no more dither, no more delay. We have a duty to act. This legislative loophole needs a legislative solution, and it needs to be done now.

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[Alex Chalk]

My hon. Friend makes a characteristically pertinent point. That is a non-exhaustive list, which is an important consideration to bear in mind. The proper points that he made are not lost completely on some charging prosecutors, and that is an important part of the context.

[Tracey Crouch]

If that is the case, let us scrap section 21. Then there would be no prescribed list, and a definition of “position of trust”, which the CPS is clearly working on, could include sports coaches, driving instructors and music teachers.

[Alex Chalk]

An interesting balance has to be struck. On the one hand, this place properly might want to prescribe where that happens, allowing no discretion for the CPS, but on the other hand, there may be a relevant public policy interest in saying to prosecutors that in other cases there is wider discretion. I have already made the point that in 2003 Parliament decided to draw a distinction that appears to focus on circumstances in which the state has a particular role in caring for the individual. That is something to be considered.

In 2019 the Government, recognising the concerns powerfully and properly expressed by my hon. Friend the Member for Chatham and Aylesford, began a review of the law on such abuses of positions of trust. Notwithstanding the narrow focus of this debate—on sports coaches—concerns about scope range far wider, as indicated by my neighbour, my hon. Friend the Member for Gloucester (Richard Graham). That is why the review also took account of the IICSA report—independent inquiry into child sexual abuse—on the Anglican Church, which focused on the diocese of Chichester and the response to allegations against Peter Ball, a former bishop who in 2015 pleaded guilty to a series of sex offences. Recommendation 3 of that report stated:

“The government should amend Section 21 of the Sexual Offences Act 2003 so as to include clergy within the definition of a position of trust. This would criminalise under s16–s20 sexual activity between clergy and a person aged 16–18, over whom they exercise pastoral authority, involving the abuse of a position of trust.”

Other settings might conceivably be relevant, such as youth clubs and scouts—as Baroness Blatch pointed out in 2003—and drama groups, choirs, Army cadets and learner drivers, whom my hon. Friend the Member for Gloucester has done such a good job of drawing to the attention of the House.

Ministry of Justice officials have engaged with a wide range of stakeholders across youth and criminal justice sectors, including, in the area of faith and religion, the Anglican dioceses of Chichester and Lincoln, the Board of Deputies of British Jews, Gardens of Peace, the Hindu Council UK, Marriage Care, the Sikh Council UK and St Philip’s Centre. In the sporting sector, the review team has heard from British Canoeing, British Fencing, British Gymnastics, the Football Association, the Lawn Tennis Association, the Royal Yachting Association, the Rugby Football League, the Rugby Football Union, Sport England and Swim England—I could go on.

A huge number of people have been consulted on this important issue. Officials have gone beyond those two areas to speak to youth organisations, including the National Citizen Service, the National Youth Agency, the Scouts and Volunteer Police Cadets. Those discussions were candid and wide ranging, and views were shared throughout the process. On behalf of the MOJ, I am extremely grateful to those who have given of their time for that important process.

A number of themes and suggestions emerged during the review, and it is right to note that many were non-legislative in nature. They included the better provision of education, the consideration of the effectiveness of the DBS system in practice, raising awareness and understanding of what grooming and genuine consent really look like, and the measures needed to protect young people from this type of abusive behaviour. Many measures can be taken alongside any potential changes to criminal law, which I am not ruling out at all—we will look at them very carefully. It is important to note that they deserve careful consideration.

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[Tracey Crouch]

Before the Minister concludes, will he give two guarantees? First, will he meet the NSPCC, which is asking not for guidance but for the legislative loophole to be closed? It is the country’s largest child protection charity and it ought to be listened to with respect for the campaign that it has run for a long time. Secondly, will he listen to some audio of former athletes who were abused or were in coercive relationships with their coaches? Once he has listened to their stories and the likes of Sport England and the Child Protection in Sport Unit, perhaps he will come to a different conclusion and take a different path.

[Alex Chalk]

Yes, of course I will be delighted to meet the NSPCC. Secondly, if my hon. Friend wants to send me footage to listen to, I will gladly listen to it. My door remains entirely open if she would like to take up these matters further with me.

I invite my hon. Friend not to presuppose what road the Ministry or I am on. In the short period that I have been seized of this matter, I have recognised its urgency and pressing nature. I have, I hope, properly adverted to the fact that there are complexities that needs to be ironed out. The singular injustice to any victims would be that, in a legitimate attempt to improve safeguarding, we undermine public confidence in it. That is why we have got to get this right—because, ultimately, safeguarding young people will remain a relentless focus of this Government.

Question put and agreed to.