(4 years, 3 months ago)
Commons ChamberOrder. I am afraid that we have run out of time. The allotted time allows two interventions, and we have had those, so I am afraid that that is it.
I am grateful for the opportunity to speak in the debate. I have just welcomed Little Amal to Parliament Square. Little Amal is the 3.5-metre puppet which has travelled 8,000 km across the world to raise the plight of refugees and support them. However, I did not rise to speak about refugees. I want to speak about clause 9, which has been mentioned several times during the debate.
I know that these powers to strip people of their citizenship are not new powers. I do not need a lecture about what has happened in the past, and which Government introduced it. What worries me is that the legislation that is being introduced now is making the powers more draconian. Since 2019, we have seen the Government justify the deprivation of citizenship of people who do not possess dual nationality, who were born in this country, and who have not set foot in the country to which they are being returned. The Secretary of State simply referred to “reasonable grounds to believe” that an individual would be eligible for foreign citizenship; that was not even confirmed.
My hon. Friend is describing exactly what could have happened to me when I was born. It is likely that if this Bill had been law in the early 1970s, I would have been stripped of my citizenship as a young child. [Interruption.]
I absolutely agree with my hon. Friend. [Interruption.] Let me just say that, being a middle child, I am not intimidated by the braying from the other side of the House, so I will continue to advance my arguments.
Clause 9 states that the Government do not need to notify someone who has been stripped of citizenship. Is there data from the Home Office which says that the Government cannot enact this law because they have had so many problems reaching people to notify them that they have been stripped of their citizenship? Is there a genuine blockage, or is this being done because it means more power and more severity?
No, I will not give way.
Is this also being done because it means that the appeals process and the decisions that are made will receive less scrutiny? The Government need to think long and hard about all that.
I am also concerned about the extent to which the Government are beginning to increase the frequency of their use of this policy. Between 2006 and 2018, 175 people lost their citizenship on national security grounds, but 104 of those instances occurred in just one year, 2017. If the Government feel that they have to use these powers more and more frequently, that is a worrying trend. Of course dangerous criminals should be locked up and serve their sentences, but if a criminal has been born and raised here and has been radicalised in this country, why do we think it is the responsibility of another country to try that person? That cannot be right.
I know that this will provoke some reaction from the Government Benches, but the truth is that it is nearly always non-white people whose citizenship is being revoked. Before there is any more braying, let me read out the statistics. According to the New Statesman’s analysis of data from the Office for National Statistics, two in every five people from non-white ethnic minorities in the UK are likely to be eligible for deprivation of citizenship. This compares with one in 20 characterised as white. We cannot argue about the statistics.
I am grateful to the hon. Lady. She is making some interesting points, but it is really important for us all to understand that this is not some sort of act of racism. Anna Chapman was a Russian spy with dual nationality and she had her nationality revoked. So I urge the hon. Lady to do the right thing by her old friend Jo Cox and to do the things that bring us together. This is about the good of the nation. It has nothing to do with colour or race.
I thank the hon. Member for his intervention. What I would say to everyone is that I am not trying here to flame tensions or to play politics. I am genuinely saying that ethnic minorities in this country are in fear of this clause. It has created widespread fear in communities. If we start treating non-white criminals and terrorists as though they are the responsibility of another country and not our responsibility, we will send a signal to law-abiding non-white British citizens that they are somehow less British in this country. I genuinely ask the Government to consider this.
I have been listening to the hon. Lady and I am very confused. Can she tell me where exactly in the Bill it refers to people’s skin colour or ethnicity? Otherwise, this is pure scaremongering and trying to create division. The Bill does not reference skin colour or ethnicity. A terrorist is a terrorist, and I do not want them in this country, regardless of their skin colour.
I do not feel that I can even respond to the hon. Member’s comments, but I will say that I agree that terrorists are terrorists. Regardless of their skin colour, they should be tried in this country, because they are British terrorists who were born here, radicalised here and committed their crimes because of growing up here. I really think that maybe the hon. Member should go on unconscious bias training, because I am not sure what else to say to him.
Finally, I would say to the Minister that the Government also have to think about whether the powers that they are bringing in are compatible with this country’s international obligations.
Does my hon. Friend agree that it is perhaps not the best look to persuade people to trust this Government with their citizenship, when they are shouting down Members who are of an ethnic minority, raising concerns—[Interruption.] And shouting down another one. We are raising genuine concerns on behalf of our constituents and their families.
I thank my hon. Friend for her intervention. I was born and raised in this country. I do not even need to mention the colour of my skin. I am here representing people who are genuinely worried about the powers in the Bill and how their lives will be impacted as we move forward. I would just say, without taking up too much time, that people in this House should consider that the powers we have in this House will have a severe impact on people who are non-white, are law-abiding British citizens, make up the fabric of our community, do everything right and now feel that they are being penalised.
I know that emotions are running high on both sides, but Members on both sides should try to take the heat out of this. I have heard shouting on both sides and it is really not helping the debate.
(5 years, 8 months ago)
Commons ChamberWe have all seen the tell-tale bullet- shaped silver canisters and their balloon companions littering our beaches and parks this summer. On Saturday morning, I saw yet another little pile of littered canisters at every 10 paces or so along Whitstable beach in my constituency.
I commend my hon. Friend for her powerful campaign on this issue. As a former councillor in Camden, I am aware of the pressures on councils during this pandemic. Is she aware of the significant cost to councils of removing these discarded containers, and will she raise that in her speech?
Yes, I am going to mention that. I know that my council has had so many extra rubbish collections during covid due to people gathering on beaches, which is a significant problem. I thank my hon. Friend for raising that.
Many people pass by these canisters without knowing what they are. Some will have picked them up, examined them and speculated imaginatively about their use. Among young people, the use of nitrous oxide is endemic. Every single sixth-former and university or college student in Britain will know what those silver canisters are. Nitrous oxide—also known as laughing gas, NOS, NOx, whippits, balloons or chargers—is a psychoactive drug covered by the Psychoactive Substances Act 2016. It can be taken legally, but it cannot by law be sold or given away to others for the purpose of inhalation in a recreational capacity.
(7 years, 4 months ago)
Commons ChamberMy right hon. Friend is right. After eight years of cuts to frontline policing, the Government have slapped on another £465 million cut by 2022, which we have been warned will cut another 10,000 police officers from our communities. It is completely intolerable.
New clause 6 would release the Home Office evidence—that we know exists, thanks to leaks—to public scrutiny. We know that Home Office officials believe that the reduction in police numbers has led to a reduction in so-called hotspotting and to an increase in violent crime.
But of course this is not just about police numbers; we need a wholesale review of the impact of the Government’s austerity agenda on the vital safety nets that keep our communities safe and the consequent impact on rising crime levels. The now famous example of where we have seen a successful approach is on our doorstep in Scotland, where a 20-year strategic approach was taken to reducing youth violence. That is what is required, as opposed to the Government’s strategy, which uses the rhetoric of early intervention and prevention but represents at most a three-year strategy.
The amendments in my name and those of my hon. Friends seek to strengthen and improve the weak legislation before us today. They seek an evidence-based response to the long-term trend in violence that we are witnessing as a result of this Government’s austerity agenda. We hope the Government will accept that much more needs to be done if we are to prevent any more young lives from being needlessly taken and will accept the amendments in our name.
I rise to speak in support of my new clause 26, and I thank my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) for her support in that. I also, surprisingly, thank the hon. Member for Bexhill and Battle (Huw Merriman) for his support for the amendment, although I am disappointed that he did not say that I am one of the nicest people in the House—perhaps I can prove that to him afterwards.
Some Members have already referred to the Metropolitan police video that went viral showing officers tactically nudging criminals off their bikes in the height of chase. Regardless of whether people support that police strategy, the strength of feeling on this matter is demonstrated by the fact that the video was retweeted thousands of times and appeared on the front pages of the papers. That is because so many people have been, or know someone who has been, a victim of crimes committed by people on mopeds.
Criminals use mopeds because of the element of surprise it gives when attacking the victim, the victim’s helplessness when hit by someone on a moped, and the speed at which the criminal can get away, which makes it particularly effective for theft. Constituents in Hampstead and Kilburn have told me that they are now scared to walk down the street either talking on their phone or showing any of their possessions because they fear someone on a moped snatching those items away. I speak today to give those people a voice and to speak up on behalf of those who believe that the existing legislation to deal with such crimes is no longer sufficient.
(7 years, 6 months ago)
Public Bill CommitteesMy right hon. Friend the Member for East Ham has made an important speech and I rise to support his proposed new clause 10. At present we seem to have a policy framework that encourages those selling corrosive substances to sign up for voluntary commitments, rather than one that compels them to follow very clear rules on receiving payment. To illustrate this, I looked at the report that the Home Office published in July, detailing voluntary measures to which retailers should commit. They included sensible measures such as agreeing to comply with the Poisons Act 1972, promoting staff awareness about what it means to sell corrosive products, and agreeing not to sell to under-18s products that contain potentially harmful levels of acid. Where appropriate, that would include applying Challenge 21 and Challenge 25 policies when asking for age identification.
Those are very sensible voluntary commitments, but they are far weaker than my right hon. Friend’s proposed new clause, whose measures should have been enshrined in law a long time ago. Preventing the sale of these substances by cash would make it less likely for young people to get drawn into purchasing such products. Presumably, ensuring that payments are conducted electronically would also help the emergency services in any retrospective investigation into individuals who are accused of an offence. The only thing I would wish to add to the proposed new clause is that it may be worth preventing such transactions from being conducted through contactless payments, given that corrosive products are often cheaper than £30 and today’s debit cards, if stolen, can be used for a whole range of purchases without chip and PIN verification.
I believe that the point at the heart of the proposed new clause is that all sales of corrosive substances should be traceable to the individual at the address to which the bank account or credit card is registered. I hope the Government will see fit to support this sensible and reasonable proposal.
I am grateful to the right hon. Member for East Ham for tabling the new clause. This is another one where we have had to conduct a balancing exercise. I very much understand the intention, but on balance we have concluded that the new clause falls a little too heavily on businesses without necessarily having the positive impact that he intends. The hon. Member for Hampstead and Kilburn has hit on our first concern: namely, because we can simply tap a card nowadays, there is not necessarily the traceability that there might have been in years gone by. Cheques are rarely used anymore. Even when a person has used a credit or debit card and has entered a PIN code, that does not help the emergency services when a perpetrator has decanted the product into another bottle to conceal it. We have given the proposal some thought, but have concluded, on balance, that it is probably too much of a burden for businesses, given the small amounts of money that some of these corrosive substances cost.
If the substance has been put into another container, there is not necessarily the evidential trail to help the police anyway. Our focus in the law is on preventing sale to under-18s in the first place, and if they carry the substances in a public place then that is an offence in and of itself as well. I regret that I must resist the new clause.
All Members across the Committee will probably agree that legislation is constantly playing catch-up with the social media giants. It is a fact of life that guides my amendment (a) to the new clause. I do not want to repeat what my right hon. Friend has said. Everyone will probably agree that his detailed forensic examination of the Bill is superior to mine and everyone else’s. I just want to explain why I think the offence he has discussed should come with the liability set out in proposed subsection (4)(a), which my amendment would add to the new clause.
Before I do so, I want to point out that for many the gut reaction to the creation of a new liability, such as that outlined in the amendment, would be concern over free speech. That is something I have heard over many years. There is no doubt that platforms such as YouTube offer a great opportunity for individuals to publish creative content, air their political views and research, and so on. However, as a result, whenever fines or legislation against such websites are suggested, it creates controversy. That happened last year when the German Bundestag legislated to introduce fines of about £45 million for social media companies that did not remove hate crimes from their sites in under 24 hours.
Just to clarify matters, my amendment does not create liabilities for a website’s failure to remove hate crimes, although there are good reasons to support that too. Instead, it is intended to create a sense of urgency among platforms and publishers about removing content in which offensive weapons, as defined by the Bill, are paraded and celebrated. By introducing summary convictions or fines we would be legislating in support of the reasonable assumption that a person who displays an offensive weapon in a threatening manner is acting illegally. It surely follows that those who provide the platform should moderate their content effectively, and should face sanctions for failing to do so.
I think intense concern is shared across the House at the failure of some social media companies—particularly Facebook and Twitter—to act on threatening content. Only last year, Mr Speaker addressed anger over Google’s failure to remove the content of proscribed groups such as National Action, following a Home Affairs Committee exchange in which it promised to do so. My right hon. Friend the Member for East Ham has expressed concern about associated issues to do with gangs using music videos to threaten their rivals.
The problem has been acknowledged at the highest level of the Metropolitan police. Commissioner Cressida Dick said that
“we have gangs who make drill videos…they taunt each other and say specifically what they are going to do to who.”
That is very worrying, and the police are working closely with YouTube. There has been a significant degree of success, with the Evening Standard reporting that half the violent music videos flagged by Scotland Yard have been removed. That is welcome, as is the fact that YouTube has also developed its own policies.
However, YouTube is far from being the only online platform on which an individual can parade offensive weapons, and legislation should make it clear that allowing the spreading of violent material to continue for more than 24 hours will come with a serious liability.
The Chair
I call Sarah Jones, although conventionally one should stand up to catch the Chair’s eye—it is the best way to do it.
Like the other new clauses, new clause 29 has been covered in our consideration of other amendments and in other debates, so I shall not move it now.
New Clause 30
Aggravating factor
“(1) Where a court is considering for the purposes of sentencing the seriousness of an offence under subsection 5(1), and either of the facts in subsection (2) are true, the court—
(a) must treat any fact mentioned in subsection (2) as an aggravating factor (that is to say, a factor that increases the seriousness of an offence), and
(b) must state in open court that the offence is so aggravated.
(2) The facts referred to in subsection (1) are that, at the time of committing the offence, the offender was—
(a) the driver of a moped or motor bicycle, or
(b) a passenger of a moped or motor bicycle.
(3) For the purposes of this section, “moped” and “motor bicycle” have the same meanings as in section 108 of the Road Traffic Act 1988.”—(Tulip Siddiq.)
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
I am also aware that everyone wants to leave, so I will try to be as quick as I possibly can be—[Interruption.] At least I have one agreement from Government Members so far.
Subsection 5(1) argues that a person commits an offence if they have a corrosive substance with them in a public place. I tabled new clause 30 to force a court to consider, for the purposes of sentencing the offence set out in subsection 5(1), that the use of a moped is an aggravating factor. This would mean that if the offender was in possession of corrosives while driving a moped, or while a passenger on a moped, they would face a longer sentence.
Aggravating offences, as set out by the Sentencing Council, already include
“Use of a weapon to frighten or injure victim”
and
“An especially serious physical or psychological effect on the victim”.
Attacks using corrosive substances are clearly intended to frighten and, as we have discussed, they cause especial physical and psychological effects on a victim. However, I would like to see mopeds, as defined in subsection (3) of my new clause, explicitly listed as an aggravating factor for possession.
I do so for four key reasons: one, an individual who carries a corrosive substance on a moped poses an additional risk to the public; two, corrosive substance attacks committed from a moped uniquely heighten the physical and psychological effect on the victim; three, mopeds are deliberately chosen by offenders to escape detection and conviction; and, four, conviction rates for moped-related crimes are especially low, and explicitly listing mopeds as an aggravating factor will serve as a future deterrent.
In my constituency of Hampstead and Kilburn, moped crimes and offensive weapons have wreaked havoc in the lives of local residents, especially the attacks in recent months on two local councillors, who were both coming home from late-night council duty and were both targeted by people on mopeds.
The statistics are alarming, not only for my constituency but for London generally. In Brent, 512 crimes using offensive weapons took place between July 2016 and July 2018, and in Camden in the same time period 394 crimes using offensive weapons took place, which represented an increase of 16% between July 2017 and July 2018. In June 2017 alone, Camden suffered 1,363 moped crimes. In 2017-18, there were over 20,000 moped-related crimes in London.
The correspondence from my constituents at the height of these crimes has often been desperate and angry in equal measure. I will quickly give two examples from the many, many emails that I have received on this topic. Jessica from Belsize Park said:
“I have never written to my MP before but I am growing increasingly concerned about the spate of violent moped attacks taking place across London. I had a near-miss last week and almost didn’t report it to the police as I felt that there was nothing they could or would do.”
Gaurav from Hampstead Town said:
“I am frankly appalled at how inaction is emboldening gangs to strike with impunity. This has to stop. I feel scared about my family and children walking in the area.”
I apologise to the Committee for what will be a brief intervention; I just wanted to stress the point that my hon. Friend is making. Last week, I met a couple who had been walking along the street in Croydon with their young daughter, and two people on mopeds who were wearing masks came up to them and held a knife at the neck of the daughter, who is about seven years old. Fortunately, in the end nobody was hurt and the police are doing what they can, but my hon. Friend is making a really serious point. This is a real issue and it would be very useful if the Minister could consider accepting the new clause.
I thank my hon. Friend for that intervention and I am sorry to hear about what happened to her young constituent; it must have been quite frightening. That also leaves a huge impact afterward as people think about what happens as someone is speeding past. I know that now when I walk past any moped I quickly hide my phone; I think many of my constituents have started to do the same as well. I am hardly going to be able to fight anyone off—I am aware of my strengths there.
Returning to my point, I have had dozens of emails similar to the ones that my hon. Friend describes, and they all describe the sense of fear created by those committing offences under subsection 5(1) from the back of mopeds. Many of my constituents see the use of a moped in such a circumstance as unduly reckless, negligent and therefore threatening, and would naturally agree that perpetrators of those offences should face tougher sentencing in the courts.
I believe that the recent case of Derryck John illustrates the threat of carrying corrosive substances on the back of mopeds. Mr John was convicted in March after being found guilty of carrying out six acid attacks against moped riders in less than 90 minutes. He sprayed his victims with a poisonous liquid, leaving one man with 30% sight loss in one eye. He stole two mopeds and tried to take another four from their owners before being arrested. Mr John was able to cause such significant damage to his victims in such a short period of time precisely because he was using a moped.
Coming back to my constituency, it is worth saying that moped crimes have plummeted about 80% since their peak. That is because of the innovative responses from the Metropolitan Police: Operation Attrition, the increase in unmarked Q cars, the use of spray-tagging of mopeds, motorcycle patrols and tactical collusions have all proved effective. However, the figures for detection and conviction rates for moped crimes remain astonishingly low. In 2017-18, detection rates for offences resolved through a sanction stood at just 2.6%, which means that more than 97% of moped criminals escaped justice in that year. That is appalling and unjust.
My new clause may not dramatically reverse that picture—after all, criminals must be caught before they are brought to trial—but it will definitely act as a deterrent to those who would be so reckless as to possess offensive weapons, particularly corrosive substances, in a public place on a moped. There can be no excuse for it, and the process of sentencing should reflect the additional fear and risk posed by the use of a moped in such instances. That is what my new clause is intended to do, and I hope that Government Members will see fit to support it.
I rise briefly to support the new clause tabled by my hon. Friend the Member for Hampstead and Kilburn and to welcome the fact that she has raised this in the Committee.
There is certainly a close link between acid attacks on one hand, and the use of mopeds on the other. I will highlight one particular group of victims here, which is moped delivery drivers. I think the series of attacks that she referred to was aimed at a group of drivers, a number of whom I have met. In particular, I pay tribute to Mr Jabed Hussain, who was himself a delivery driver with UberEats and was the victim of one of these attacks. He has since joined the International Workers Union of Great Britain to bring together the very vulnerable people who work delivering meals and all sorts of things around London. There are large numbers of them now, but they are pretty exposed, and if people come after them with acid they are in a dangerous situation.
When I last spoke to him, Mr Hussain had not yet been able to get back to his work because of the trauma he had suffered as a result of the attack inflicted on him. I am grateful to my hon. Friend for raising this important issue and I hope the Minister will be able to respond sympathetically to what she has said.
I appreciate the Minister’s response, and the sympathy she has expressed for victims. I, too, commend the work of the Metropolitan police, but I do not feel that the legislation is strong enough to tackle the kind of crime I have described. The conviction rates are too low not to press the new clause to a vote.
Question put, That the clause be read a Second time.
(7 years, 6 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mr Gapes.
I support much of the Bill, which is why I rise to contribute to the debate on new clauses 1 and 25. If we are to ensure that vital clauses protecting young people are effective, it is of huge importance that the Government proceed with transparency and that Parliament receives a report from the Secretary of State on progress.
My experience of the High Speed 2 Bill is defined by a lack of redress for my constituents, because there is no requirement for the Secretary of State to report on the construction process. I realise that I raise my angst with High Speed 2 in this House at every opportunity, but I genuinely believe that the same principles apply to this Bill.
New clause 1 proposes introducing a report that would shed light on the number of corrosive substance attacks that have taken place in the past five years, not only providing important historical data to establish crime trends but clearly illustrating the scale of the challenge that the Bill seeks to correct, as outlined by my right hon. Friend the Member for East Ham. Any such report would also detail the location of corrosive substance attacks, which would be a positive outcome for my constituency. For one thing, the Metropolitan police would be in a better position to allocate resources more effectively across the worst-affected London boroughs.
New clause 25 would mandate the Secretary of State to report on the causes of youth violence with offensive weapons. Attacks using corrosive weapons are despicable, not only because of the physical ramifications but because of the devastating psychological toll on victims. As we have repeatedly discussed during our consideration of the Bill, acid attacks do not heal quickly and the results are often visible for a victim’s entire life.
When processing the gravity of such attacks, I often ask myself how the perpetrators end up engaging in such awful criminality. It is not sufficient simply to point to drugs or gangs, even though those factors are huge. It must be the job of Government to investigate the root causes of such violence and explain whether or not existing legislation is making the problem worse.
In that regard, new clause 25 covers several vital policy considerations. I will focus on subsections 2(a) and 2(b)(i), which cover the reduction in police numbers and the reduction in spending on youth services. Since 2013, in my constituency, Camden has suffered the reduction of 23 constables, 30 detective constables, 28 sergeants, 10 detective sergeants, five detective inspectors, seven inspectors and two chief inspectors. As I have said, in the first few months of 2018 London suffered double the number of fatal stabbings than in the same period in the previous year and, as I have also said previously, half of the victims were aged 23 or younger. Given those numbers, it is surely incumbent on the Secretary of State to investigate whether or not the corresponding reduction in police numbers has acted as a contributing factor to the despair that we have seen on the streets across London.
Let me turn to subsections (2)(b)(i) and (2)(b)(iv) of new clause 25, which would mandate the Secretary of State to report on the reductions in local authority spending as a cause of youth violence. I looked at the Department for Education’s data, which shows that over the last 12 months councils in England were expected to have spent a total of £460 million on youth services. The BBC reports that that compares with £418 million the previous year and £622 million between 2014 and 2015.
Efforts are being made locally to mitigate the national picture. For example, in my constituency, Camden Council’s community impact scheme offers £1.6 million to local organisations to address youth offending, among other social problems. If the Secretary of State reported to the Commons on whether such efforts were tangibly reducing youth violence, it would help local authorities such as Camden to target their spending better. I think that all hon. Members from across the House wish to see that from local government.
Supporting new clause 25 does not mean giving legislative approval to the notion that reductions in spending or police numbers prompt young people to turn to offensive weapons. Instead, I believe it would satisfy a very clear duty of the Government to consistently measure their policies against points of concern for the public and, in the case of this Bill, to establish how we prevent young people from falling into the clutches of violence.
(7 years, 6 months ago)
Public Bill CommitteesI want to speak to the clause briefly, as it is important to my constituency. I welcome the extension of the offence of having an offensive weapon on school premises to further education premises. As a London MP, I am aware that between January and March this year, the city suffered double the number of fatal stabbings it did during the same period the previous year. Half the victims were 23 or younger, and I know from speaking to victims’ families that many were involved in further education settings. As my hon. Friend the Member for Sheffield, Heeley, has said, expanding the policy to university campuses would help tremendously in my constituency—especially in Camden, where we have a large number of university campuses, and where many of these incidents took place. Time and again, that age group suffers the worst of the knife-crime epidemic that has hit the capital.
I want to mention a few statistics from the Mayor’s Office for Policing and Crime; in our discussions of the Bill, we have not mentioned precisely the target group who have suffered most from knife crime. As has been mentioned, victims of gang-related knife crime were more likely to be male, accounting for about 88% of the total, and 76% were under 25. A significant proportion of the victims—68%—were from a black and minority ethnic background. Young BAME men between 16 and 20 account for almost a third of all victims of gang knife crime.
Library statistics show that about 1,161 individuals between the ages of 10 and 17 were cautioned for possession of a knife in the first quarter of this year, as compared with 4,062 aged over 18. That shows the purpose of expanding the number of young adults that come into the scope of the Bill, and how it is necessary. The statistics I have talked about reflect my experiences of working on these issues in Hampstead and Kilburn, where specific communities have suffered more profoundly than others—especially the Somali community in Camden, where certain families have suffered the loss of multiple family members within just a matter of months. There was a very high-profile stabbing a few months ago that many people have probably read about. It was heartbreaking speaking to the mother of the boys affected.
The Greater London Authority figures I have talked about are simply appalling; they reiterate why the clause is absolutely correct and why I support expanding the scope of the offence to further education settings. But in the process of supporting the clause—there is always a “but” when an Opposition MP speaks—I would like to pose a few questions to the Minister. In June, I attended the Regent High School with my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer). We had a discussion with students focusing on youth safety, knife crime and gun culture. The students were well aware of the horrific violence taking place in Camden, but they suggested that the Government might consider introducing a standardised educational programme, and possibly incorporating it in the curriculum.
I have a few questions on the clause for the Minister. By extending the scope of the offence, will she make a commitment that it does not warrant the end of efforts in schools by the Government? Is including lessons on violence in the curriculum something that the Government will consider? Will she also explain whether expanding the scope of the offence, as the clause does, means additional duties on local authorities? If so, will she explain whether they will be given additional resources to ensure that they can meet the challenges of clause 21?
Answers to these questions will be particularly important to Camden Council, which will be publishing the findings of its youth safety taskforce. My right hon. and learned Friend the Member for Holborn and St Pancras is involved in chairing the taskforce, which is looking at patterns of youth violence and the relationship with spending on youth services and educational settings.
The word “crisis” is overused in politics, but in London that is what we have seen with knife violence among our youth, especially our young black men. Although I have not tabled an amendment to the clause, I hope the Government will use it as a platform to launch education programmes, in all settings, that will prevent further bloodshed in my constituency and across the country.
Clause 21 amends section 139A of the Criminal Justice Act 1988 to extend the offence to include further education premises. The change reflects the significant expansion in the number of students and the changes in such institutions since the law was amended by the Offensive Weapons Act 1996. The number of incidents of knife possession in education institutions other than schools is unknown because possession per se is not an offence at the moment, but the number of incidents reported in the media is low—although I know that, sadly, there is experience in some Committee members’ constituencies of such incidents. We want to give the police the powers they need to deal with an incident before it happens.
Colleagues have understandably asked why universities are not included in clauses 21 and 27. While standing by the promise I made on Tuesday to reflect further, I will explain the thinking behind that. It is that universities are generally attended by adults rather than children—in other words, people aged over 18. As such, a university can be regarded as more akin to an office or other place of work than a place where children, as strictly defined by the law, are taught. Not all parts of universities can be considered a public place—for example, halls of residence—and a person possessing a bladed article, or offensive weapon or corrosive substance, on part of a university campus that is open to public access would be caught by the existing and proposed offences.
I am conscious of the debate about keypads and stairwells and so on, and it reminds me that one of the most contentious cases in the last few decades in the Royal Courts of Justice was over the definition of a Jaffa cake. I am afraid that this is a similar sort of debate. We all know what it is and we know what we want to achieve; the issue is how we get the wording into statute in a way that can be applied properly by the courts.
I am delighted that the hon. Member for Hampstead and Kilburn and the right hon. and learned Member for Holborn and St Pancras have been visiting schools in London to talk about knife crime. Hon. Members may remember that, not long after I was appointed, I invited former gang members into the House of Commons so that we as Members of Parliament could listen to them and they could contribute their ideas about what Government and Parliament can do to help to safeguard them better. Their thoughts—delivered directly, but also delivered through the great charities we work with, such as Redthread, the St Giles Trust and Catch22—very much fed into the serious violence strategy. The hon. Member for Hampstead and Kilburn will know that, having announced in April that we were setting aside £11 million to fund early intervention initiatives, the Home Secretary doubled that to £22 million over the summer recess, because we understand the importance of this issue and want to help organisations that are doing such great work on the ground to get the message out.
Just before schools rose for the summer holidays, I wrote to headteachers across the country and invited them to encourage their teaching staff to talk to children about knife crime before the holidays. We were conscious that sadly, summer holidays sometimes mean that children find themselves in very damaging situations. I do a lot of work on the curriculum with my colleagues in the Department for Education, and gangs and their impact form part of the latest safeguarding guidance from the Department. That issue is also addressed through the serious violence taskforce, which brings together the Home Office, all other Government Departments, senior Ministers, the Mayor of London, chief constables, police and crime commissioners, charities, healthcare providers, and so on. That taskforce is doing a great deal of work on what more we can do through early intervention to help children at an earlier stage.
This summer, we announced the results of the continuing anti-knife crime community fund, which is having a real impact on smaller charities in local areas that are working on the ground with children to safeguard them and lead them away from paths of criminality.
Just that we have been troubled by this definition of a “public place.” Having listened to the submissions made through the Committee, we will look at the issue again, but this is a difficult area, because higher education premises tend to be frequented by people who are adults in the eyes of the law. Of course, if an adult walks around with a knife or does anything worse with it, that is already caught by the existing legislation, but higher education premises are a grey area, as are stairwells in communal housing. I will see whether we can do anything more that will withstand any challenge through the courts.
When the decision was made to not include university premises, was any consultation done with deans, chancellors or safety officers on university campuses, for example?
I do not know the answer to that question on the spot, but I am sure we can write to the hon. Lady. I just wish to emphasise that it is difficult to pinpoint where is public and where is private in an area such as a university.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22 ordered to stand part of the Bill.
Clause 23
Prohibition on the possession of offensive weapons: supplementary
Question proposed, That the clause stand part of the Bill.
(7 years, 6 months ago)
Public Bill CommitteesI think that my hon. Friend the Member for Hampstead and Kilburn was about to intervene on me.
A constituent of mine, Robert from West Hampstead, wrote to me saying that
“As a self-employed cabinet maker and a wood carver, I rely on having such tools for my business and, indeed, having them delivered to my home and place of work from time to time.”
Does my right hon. Friend agree that, although his amendment is a sensible one, it is necessary to ensure that the self-employed are not unduly caught up by this well-meaning clause?
My hon. Friend makes a very fair point and I have no doubt that it was instances such as that that lie behind the framing of the clause as it stands. Indeed, I myself have been contacted by a company that sells tools for hunting; I think that is right. That company asked whether my amendment would exclude the delivery of knives to sole traders—people working from home.
I must say that I have got a bit less sympathy for people who are selling knives from home than for people like my hon. Friend’s constituent, who are simply obtaining tools for their own use to pursue their occupations. Of course, if we went down the amendments 46 and 48 route, whereby such things could be supplied only to a registered business address, that would avoid the difficulty to which my hon. Friend rightly refers. The amendment 47 approach would exclude delivery to people such as my hon. Friend’s constituent, and I accept that that would be difficult to justify. That is why I made the point that I do not think that either of the two approaches I have described is the solution to the problem. The Government are right to want to restrict sales of very dangerous weapons to people’s homes. There is a bit of a loophole here, and I hope it can be addressed.
Again, if it meets the criteria of the Bill, it will. If it does not meet the criteria, it will not. I will not go into a long speculative list of items because someone will always come up with another item that has a blade. The idea of a gang member walking down the street with a Magimix is a new one in my portfolio. I will not list items, because the wording is there in the Bill.
I understand the Minister does not want to go through an extensive list of items, but if there are household items that in the past have not had to be delivered to a post office and could be directly delivered to a house, there must be some merit in clarifying that a legislative change will mean that people who have normally had such items delivered to their houses can no longer have that. It is about public awareness, which is what I think my colleagues are getting at.
It is the job of business to have that conversation with their sellers. We know already that online retailers such as John Lewis, which has signed up to our voluntary code for businesses in trying to prevent the sale of knives and corrosive substances, have stopped selling knives online because that is a business decision they have taken. For other sellers, when somebody puts an order in, they will have that conversation and say, “I’m sorry; you will have to go to the post office to pick this up.”
I beg to move amendment 45, in clause 16, page 15, line 26, at end insert “for a particular lawful purpose.”
This is a probing amendment to allow debate on the appropriate scope of defences under Clause 16.
It is a pleasure to serve under your chairmanship, Mr Gray. Given the vigorous debate we have had on clause 15, clause 16 is also important, because it provides the defences to the offence that we have just been discussing. One of those defences is simply that the seller did all they reasonably could to avoid delivery to residential premises, but the other three set out circumstances in which the law will deem it justified to sell and deliver to residential premises and a defence can therefore be made.
The Minister referred to a balancing act. That is the test that we have here. On the one hand, there is clearly a concern—we have heard it today—to ensure that the defences are wide enough to protect legitimate businesses. On the other hand, there is also a concern to concern that we do not draft the defences so widely that they can be abused to avoid culpability, or in a way that means that the offence set out in clause 15 becomes worthless.
The amendment is designed to provoke discussion about whether we have that balance right. It asks a couple of immediate questions. First, why is there a particular purpose test in clause 16(3), which relates to sellers who have adapted bladed products in accordance with specific instructions, but there is no particular purpose tests in clause 16(2), where a bladed product has been designed or manufactured in accordance with specific instructions? It is not immediately clear to me why the purpose of either the adaptation or the design is relevant to one but not the other.
Secondly, does there need to be more restrictions on the range of purposes that will allow for the defence to arise? All that is required now is that it is a particular purpose. I am guessing that it is implied in law that the purpose must to be lawful—for example, adapting a blade for the particular purpose of making it more efficient as a weapon does not amount to a defence—but I would appreciate confirmation.
I am inclined to agree with the hon. Gentleman that the section could be more specific in scope. For example, if historical re-enactment is to be included as a defence, as it is in line 35, surely it will be necessary to have a comprehensive list of bladed articles associated with that activity, so that carrying them is not classified as an offence. Does he agree that the clause could benefit from greater detail and clarity over exemptions for reasonable, law-abiding people, such as the self-employed artists in my constituency who have been lobbying me on this?
That is a perfectly legitimate question. I look forward to hearing what the Minister has to say to that. It begs the question: to what extent is there an onus on the seller to scrutinise the claimed purpose of the adaptation, be it for historical re-enactment or anything else? Is it simply a case of whether the adaptation was consistent with the claimed purpose, or is there more involved?
We have already heard about the other defence, and the specific purposes set out that would make it acceptable to deliver to residential premises—sporting purposes and historical re-enactments. It gets to the point where I wonder whether, in an ideal world, we might simply provide an exhaustive list of purposes for which it would be acceptable to deliver. I appreciate that that would not be easy, or without risks, but it might be a much clearer way of approaching the challenge. Obviously a list could be added, perhaps by statutory instrument.
The amendment flags up concerns about whether the defences will really do the job of protecting from prosecution the businesses that we do not want to be prosecuted, while ensuring that the provisions cannot be abused by those who want to do harm.
(7 years, 8 months ago)
Public Bill CommitteesQ
Patrick Green: Generally our experiences are positive. We see good relationships being built up between young people and the police officer, and the level of trust builds up. The caveat is that it depends on the police officer. Some are really good at this work, and then it works really well. You need a police officer who understands youth work and how complex that is, rather than just a police officer.
Q
Jaf Shah: I suspect that it is quite common, so it would be a big concern. I will, if I may, briefly divert back to the point we have all been making around the public health approach and make an economic case for that: we conducted an economic impact assessment of acid attacks in the UK for six years. Acid attacks alone cost £350 million over six years. If we include knife crime and gun crime then we are looking at costs far in excess of £1 billion. That is an economic case to make a long-term public health approach a viable way of dealing with the problem.
Q
Rob Owen: There is slowly, slowly beginning to be some work. The platforms they use are well known; it mainly involves two or three platforms. The Home Office are trying to engage with the issue, but there is still a lot of resistance from them. Often it is hidden, and is not obvious. The youngsters know where to go to find it, but not many others do. It is about starting to get to gritty levels where someone can flag it and it gets taken off instantly, with the process being speeded up. There are small amounts of funding going in and it is beginning to happen, but obviously it is not enough.
(7 years, 8 months ago)
Public Bill CommitteesQ
Mark Groothuis: You can be fined, although I don’t know the scale of the fines off the top of my head.
Assistant Chief Constable Orford: Summary only.
Mark Groothuis: Yes, it is only a summary offence, so it is normally just a fine.
Q
Detective Chief Superintendent Chilton: We worked with the Law Commission and we provided evidence about the threat from obsolete calibre firearms in criminal hands. The Policing and Crime Act 2017 came into effect last year, and there is now an ongoing piece of work looking at removing certain firearms from the obsolete calibre list if Ministers make that decision. That would make it illegal to hold antique or obsolete calibre firearms that are currently used in crimes, unlike now, when anyone can hold them if they are not a prohibited person.
One outcome of our work with the Law Commission was to recommend the full codification of firearms legislation. Unfortunately, that has not come into effect because the legislation is complex. The definition of antique firearms and parts in the obsolete calibre list were brought in last year under the Policing and Crime Act. We are now waiting for decisions as to what will or will not be removed from that list. That is already in train; we are just waiting for outcomes, which I am told will not come before the summer recess.
Q
Detective Chief Superintendent Chilton: Yes, definitely, as well as an ongoing review of the obsolete calibre list, so that, as and when ballistics experts identify trends in the criminal use of firearms, we can put evidence forward so that those can be removed and the public can be kept safe.
Q
Detective Chief Superintendent Chilton: As I say, you do not have to record them and you can pay for them in cash, so there is no record. You can take scrap metal, but you cannot get cash for it. There is an audit trail for scrap metal, but not for antique firearms. Anyone who is not a prohibited person can buy them and we would not know.
Gregg Taylor: In the Paul Edmunds case, it was impossible to know how many guns he was actually bringing in and transferring to criminals because there was no requirement to record the seal numbers. He also brought in guns and claimed that they were antiques, and were therefore exempt, but in actual fact they were not; they were being wrongly described. He was fooling the authorities to get the guns into the country in the first place.
The ammunition was actually key to that case. As I said, guns are exempt from the Firearms Act if they are kept as a curiosity or an ornament. If ammunition is made to fit the gun, that is when it reverts back to being a prohibited weapon, so the making of the ammunition is key. That is what we see in criminal use right now. People out there make ammunition to fit these obsolete guns, and there are no restrictions on the components of the ammunition. It is only when the ammunition is made as a whole round that it becomes licensable, but the actual components, and the sourcing of them, can be done freely on the internet.
Q
Gregg Taylor: From what I have seen in criminal use, I think we need tighter controls on the purchasing or acquiring and the possessing of components of ammunition.
Q
Detective Chief Superintendent Chilton: Why it is—?
Q
Detective Chief Superintendent Chilton: We tend to see the metropolitan forces as the main ones having gun crime problems. It is a complex issue. I know from my previous role, before I was head of NABIS, having run the communities against guns, gangs and knives programme, that it is very complex and is a serious violence issue. Guns are just one factor.
Q
Also, do you think the definition in the law is drawn tightly enough? Clearly, bump stocks are being developed to get round the law on automatic weaponry in the United States and here. Do you think the definition is tight enough to prevent some sort of modification that has the same effect as the bump stock, but is not a bump stock?
Christopher Lynn: To answer your questions chronologically, because of the Firearms (Amendment) Act 1988, which prohibited full-bore self-loading rifles, the impact in the UK is limited, although we still have .22 rimfire self-loading rifles on section 1 firearm certificates. We are aware of at least two designs of bump stocks in the States that would be compatible with certain patterns of .22 rimfire self-loading rifles that are legal here, so there is some carry over, although it is very much more limited.
In terms of definitions, I was involved in a definition, and we went to the Patent Office to try to identify how the items were patented and described in the patenting, but it is always a competition on the wording. You think you have wording that is robust, and then there are some other means of getting around that. I have spent 23 years in the firearms world and throughout that time it has always been a competition of exploring the letter of the law and sometimes undermining the spirit of the law.
Q
Vin Vara: From the ID you can work out their age. We say that 21 is a good age to challenge and to make as law, but the problem is that not all our members have the tools to verify—they do not have the ecosystems to challenge when you scan the barcodes. They still use the old tills. They and their staff need to be better trained on selling, which we are doing at the moment.
Q
Vin Vara: Most people will produce a driving licence or a provisional licence, or young people will bring in a passport copy. There are not many other forms of ID. They bring bank and credit cards, but they do not verify their age, so we will tell members not to accept them. Something with a photo ID, date of birth and probably an address on it would help, but we need to standardise it. There are so many different types and, as you say, there are a lot of fakes out there.
Q
Vin Vara: It is a major problem for us.
Q
Graham Wynn: The list in the Bill relating to Scotland of the IDs that are acceptable under Scottish law are generally the ones that will be used in England and Wales, too: passport, driving licence, or the PASS card, as it is called, which will be linked to the Yoti system and other systems. There is another that escapes me. Those are the ones that would normally be used—ideally a driving licence or something like that because we do not want to encourage young people to carry their passports around.
Q
Graham Wynn: There are none.
Q
Graham Wynn: They would not in a larger retailer; they would say, “I am sorry I cannot sell the goods to you,” because it is a question of being sacked, frankly.
Q
Graham Wynn: No, but they have to apply due diligence so it is a matter of employment, contract and training for the person, and getting a criminal record.
Q
Graham Wynn: It does not directly affect our members in that sense, but it is an observation. If a delivery company here has a contract with an overseas supplier or seller of these things, you can understand that it could be required in the contract that the seller advises the delivery company that there is a knife or corrosive substance. But in our view, it is quite possible to have an overseas supplier or seller who might be a small business in or outside the EU, who does not have to mark the parcel and puts it in the post. Customs would intercept it if it is an illegal import, but it may not be as such. The delivery company, the post office, or whoever it is, would not necessarily know that it was one of these articles that ought to be delivered to someone, or not to a residential address, or not to someone under 18. We think there is a gap there. The point of view from our members is that it could discredit the whole system if this becomes widely known. We would like to have more assurance that that is relatively watertight.
(7 years, 10 months ago)
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I want to speak about my experience of meeting Grenfell survivors in Speaker’s House last week. I spoke to people who had lost family, and was impressed by the dignity of their reaction. I spoke to a man called Antonio, who had survived the Grenfell Tower fire. Having lived to tell the tale, he wanted to speak to me about his experience. I hope that the House will bear with me as I describe something of what he went through.
Antonio was nodding off when he suddenly got a text from a family member telling him that the tower was on fire. He was on the 10th floor and had not realised it was on fire, but when he looked out of the window he saw thick black smoke circulating outside. He was not sure what to do, and decided to try to escape down the main stairwell. As he tried to do that, he realised that the smoke was so thick that there was no way he could survive. He said he felt he would have choked if he had gone down the stairs, so he went back to his room.
Hon. Members will be able to imagine Antonio’s agony while he waited there. He said he thought about whether he would ever see his friends and family again, so he tried once more to go down the main stairwell and escape from the burning tower. Once again he saw the thick smoke and realised there was no way he could go down the stairs. He decided once again to go back to his room—unsure this time whether he would make it out.
Then, at 6 am, our firefighters came and saved Antonio. They took him outside and he was reunited with his son, whom he lives with on the 10th floor. He told me that after the tragedy and upheaval he had faced, and the dreadful wait in that room, unsure whether he would live or die, he was put in a temporary hotel. He asked the council when he would get a permanent home and was promised that it would take three weeks.
Those three weeks came and went and Antonio was not placed anywhere. He was passed from pillar to post, hotel to hotel and temporary accommodation. Then he was promised that he and his son would get a permanent home by Christmas. The House needs to bear in mind that Antonio and his son were not even together but were in separate temporary accommodation; but he looked forward to being with his son in December. Christmas came and went and he was still not placed in a permanent home. He went back to the council, which said, “If you give us six months we will make sure that you are placed in a permanent home.”
Not only had Antonio had to suffer the fire, and the loss of friends, families and neighbours; he also did not have a permanent home to go to. That is why I appeal to Ministers today to say that we have already failed the Grenfell survivors, and the people who did not survive, once, and that we cannot fail them again by not giving them permanent homes. I make a plea for the council to be held to account on the promises it made, and for the promises of permanent homes to be carried out. The statistics about one in three households not getting permanent accommodation, and a further third being in hotels, can wash over the people who read them, but meeting someone who lived through the fire and still does not have permanent accommodation leads to the realisation of the impact on their lives.
In the time remaining to me, I want to talk about Richard Stone, who has been mentioned a few times. He was an advisor to the judge in the Stephen Lawrence inquiry. I have known him since I was a teenager. The inquiry dominated a large part of Richard’s life. I see him often and he has spoken to me about it many times in the past 20 years. He has said that in his mind the inquiry served a few purposes. The first was justice—justice for the family of Stephen Lawrence, but also for all the young black men out there who had faced institutional racism. In the same way, this inquiry must be about justice—not only for the people who died in Grenfell Tower and the families and friends who are still mourning their loss, but for all those families who live in high-rise buildings in London and around the country, and who feel so unsafe.
Anecdotally, I have had Bangladeshi families from across the country emailing me. Many hon. Members will have heard the tragic story of two Bangladeshi young people who refused to leave their elderly parents in Grenfell Tower. Their elderly parents could not move and they did not want to leave them, so they died along with them. Bangladeshi families who live in tower blocks have been emailing me to say that they feel unsafe.
The second thing Richard Stone keeps coming back to is how the inquiry must look into the institutional and systemic failures in society. The Stephen Lawrence inquiry was about institutional racism; here, it is about our collective failure to make people feel safe in tower blocks and the fact that we have not tested the claddings in tower blocks and private blocks across the country.
In Camden, we did test one of our high-rise blocks. There was immense disruption to residents, but the council took them out and replaced the cladding. It cost £40 million, but you cannot put a price on people’s lives, and now people are back there. We know that we caused immense disruption to the residents, but it was the right thing to do, because if we want to address this failure, we have to test the cladding in all tower blocks and not just in a few.
Finally, Richard Stone comes back to one thing over and over when he talks about the Stephen Lawrence inquiry: that there is no point in conducting an inquiry such as this if it is just about giving politicians a pat on the back, saying we are doing it because we have to, making ourselves look good or getting votes. The reason why we do it is that we want to address the injustice of what has happened. If the Government do not commit now to implementing the report’s findings, there is no point in having an inquiry. The whole point of implementing the findings of a report is to show that all lives matter, that black lives matter and that, whether people live in a mansion in Chelsea or a tower block in Kensington, all lives are equal for us politicians in this room.