Diana Johnson MP: speeches

Speeches

• 28 Apr 2025 · Headingley Incident · Hansard source

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  First, I thank my hon. Friend for securing this urgent question. I begin by saying that my thoughts and prayers are with the victims of this horrific violent incident in Headingley, Leeds, on Saturday. I understand the shock that this incident has caused among the local community in Headingley, and I understand that my hon. Friend will want to get rapid answers for the constituents he represents. At the same time—as you have pointed out, Mr Speaker—this is a live police investigation, and we all have a responsibility not to say anything that would interfere with that investigation or any legal proceedings that may follow from it. For the benefit of the House, though, I will recap what the police have themselves said about the incident and the ongoing investigation. On the afternoon of Saturday 26 April, West Yorkshire police were called to reports of a male on Otley Road, Headingley, Leeds, in possession of a crossbow and a firearm. Armed police arrived at the scene at 1453 hours, where the suspect was found with a self-inflicted injury. He was taken to hospital and remains in a life-threatening condition. On arrival, officers also found two members of the public who were injured and were admitted to hospital. One victim has now been discharged from hospital; the other has undergone surgery after suffering life-threatening injuries. Our thoughts remain with the victims and their families. Counter Terrorism Policing North East has taken the lead for the investigation into this attack, and is now working with West Yorkshire police. As I have said, this is an ongoing investigation and I cannot comment on details of the case, other than to note that we must allow the police time and space to conduct their investigation. Having said that, we are very aware of concerns about the use of crossbows in violent attacks. We share that concern, and last week, the Government tabled amendments to the Crime and Policing Bill to strengthen age verification controls on both the online sale and delivery of crossbows. Last year, the previous Government held a call for evidence on licensing systems that could apply to crossbows, to which they did not respond. As part of our wider work to get dangerous and lethal weapons off Britain’s streets, we will shortly publish our response to that consultation, setting out how we plan to go further to limit the availability and accessibility of crossbows in this country.

• 28 Apr 2025 · Headingley Incident · Hansard source

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  We are working as quickly as possible to understand and identify the nature and scale of the growing cohort of predominantly young men and boys who are fixated with violence. We want to ensure that we have a proper approach and multi-agency interventions to manage the risk that they pose. The Prime Minister has already said that if the law needs to change in recognition of this new and dangerous threat, we will change it, quickly.

• 28 Apr 2025 · Headingley Incident · Hansard source

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  I am grateful to the shadow Minister for his comments; he is absolutely right to praise the public of Headingley and the emergency services. The policing presence in Headingley and across Leeds is an operational matter for the chief constable, and I know that he will be mindful of the needs of the community in making clear what police presence is needed. I am mindful of the issue around transparency and the flow of information, but again, this is a live police investigation. The police make decisions about what information is disclosed at the appropriate time. As I have said—and as you have set out to the House, Mr Speaker—it is important that there is not speculation at this stage, and that we allow the police to do their job and to investigate, look at the evidence and take the appropriate action as and when.

• 28 Apr 2025 · Headingley Incident · Hansard source

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  My hon. Friend has raised the important issue of how victims of such attacks are supported. As I said, this morning I talked to Joan about the support that she received after the horrific attack on Dave Peck, and I have heard about the support and help that Laura Sugden has received since she was attacked with a crossbow; but I am well aware that there is more to do, and I will talk to my counterpart in the Ministry of Justice about that.

• 28 Apr 2025 · Draft Forensic Science Regulator Draft Code of Practice 2025 (VERSION 2) · Hansard source

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  I beg to move, That the Committee has considered the draft Forensic Science Regulator draft Code of Practice 2025 (Version 2). It is a pleasure to see you in your place, Sir Desmond. Upholding quality standards in forensic science is vital to securing and maintaining confidence in criminal justice outcomes. Our missions to halve violent crime, halve violence against women and girls and increase confidence in the police and criminal justice system depend on the timely delivery of high-quality and cost-effective forensic science. We also intend to consult on a new national centre of policing to bring together crucial support services, including forensics, that local police forces can draw on, in order to raise standards and improve efficiency. When in opposition, the Labour party fully supported the then Government in passing the Forensic Science Regulator Act 2021, which established the regulator as a statutory office holder and allows them to take action when they have reason to believe that forensic science activities are being conducted in such a way as to create a substantial risk to the course of justice. The Act also requires the regulator to produce a statutory code of practice that formally defines which forensic science activities will be regulated and sets out the standards that providers will be expected to meet. The code sets out the required standards of conduct and practice for forensic science providers, including the requirements for quality-management systems. It also provides definitions of forensic science activities and states which activities the code applies to. The first version of the code came into force in October 2023, and was the first such statutory code anywhere in the world. Due to the novelty of the new statutory requirements, the regulator considered it prudent to anticipate a second version a year on from the first coming into force. As a result, a consultation on version 2 of the code was launched in early 2024. During the initial consultation approximately 1,230 comments were received from 96 respondents from a range of organisations and sectors, including law enforcement, academia and commercial providers. Law enforcement made up 64 of the 96 respondents. The regulator also held extensive discussions with specialist groups and others across the forensics community. Version 2 of the code represents another significant milestone in the ongoing journey to enhance the integrity, reliability and effectiveness of forensic science in England and Wales. Most of the changes in version 2 are minor and technical, and clarify existing provisions. The changes address practical issues that arose when the first version of the code was implemented. The most significant change in version 2 relates to the regulation of incident-scene examination. Many forensic stakeholders, including chief police officers and others in law enforcement, raised concerns with the regulator regarding the effectiveness of the requirements set out in version 1. As a result, version 2 streamlines the compliance process for crime-scene examination by requiring a corporate approach by each police organisation, and therefore avoids what was seen as unnecessary replication across the 149 sites where individual sites are currently assessed. The new requirements for crime-scene examination in the code will ensure that a risk-based and proportionate approach is taken to regulation. The regulator believes this will save significant police staffing hours. The new requirements set out in version 2 of the code have widespread support among forensic practitioners, forensic leaders and chief police officers, and should lead to significant cost savings for policing. The new iteration of the code will continue to protect the integrity of the criminal justice system and help to guard against miscarriages of justice. Finally, I put on the record my thanks to the UK’s hard-working police and forensic scientists, who do an excellent job of delivering vital services every day. I commend the draft code of practice to the Committee.

• 28 Apr 2025 · Draft Forensic Science Regulator Draft Code of Practice 2025 (VERSION 2) · Hansard source

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  I very much welcome the shadow Minister’s comments, and recognise the cross-party support for this work. It is important that stakeholders have been listened to. Having the consultation over a considerable period of time was helpful in allowing everyone to put forward their views. I take the hon. Lady’s point about keeping the regulatory burden under review, and also her point about the transitional period. I am of the view that it is a good transitional period, but if issues are raised that cannot be dealt with by October, I am sure we can look at it again. Given the hon. Lady’s comments, there seems to be cross-party support for the measure. Question put and agreed to.

• 8 Apr 2025 · Crime and Policing Bill (Seventh sitting) · Hansard source

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  It is a pleasure to see you in the Chair this morning, Ms Lewell. It might be helpful to the Committee to hear about amendment 5 before I respond.

• 8 Apr 2025 · Crime and Policing Bill (Seventh sitting) · Hansard source

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  This has been an excellent short debate on this group of clauses on cuckooing. I note the cross-party support for introducing this new law. We have had some really good contributions. I noted particularly the contributions from my hon. Friend the Member for Gravesham, who talked about James’s story, and my hon. Friend the Member for Southend West and Leigh, who spoke very personally about the effects on individuals who find themselves victims of cuckooing. My hon. Friend the Member for Leigh and Atherton talked about the effect it has on communities. My hon. Friend the Member for Forest of Dean talked about his experience as a police officer, recognising the gap in the law and how justice could not be delivered for victims of cuckooing, while my hon. Friend the Member for Cardiff West talked about the subversive injustice of cuckooing in our communities. Many contributions covered what cuckooing means for local communities and what they should be looking out for. I noticed my hon. Friend the Member for Gravesham’s comments about one in eight people saying that they have seen signs of cuckooing in their areas; it is a problem in many communities.

• 8 Apr 2025 · Crime and Policing Bill (Seventh sitting) · Hansard source

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  I am sure that the hon. Gentleman is trying to help the Government to ensure that this legislation is as good as it can be, so we will reflect on what he says. I want to make some general observations and comments on this grouping. Clauses 32 to 34 and schedule 5 provide for the new offence of controlling another’s home for criminal purposes, commonly known as cuckooing. As I am sure we all agree, cuckooing is a truly abhorrent practice whereby criminals target and take over the homes of vulnerable people for the purposes of illegal activity. It is often associated with antisocial behaviour and the exploitation of children and vulnerable people used by criminal gangs inside properties. Currently, a range of offences can be used to prosecute criminal activity commonly associated with cuckooing. For example, the inchoate offences under sections 44 to 46 of the Serious Crime Act 2007 may apply where cuckooing amounts to an act of “encouraging or assisting the commission of an offence”. Any criminal activity carried out from the cuckooed property would also already be an offence. For example, where a cuckooed property is used to supply illegal drugs, offences under the Misuse of Drugs Act 1971 may apply. It is the Government’s view, however, that the existing legal framework does not reflect the harm caused to victims when their home—a place where they should feel safe—is taken over by criminals. I know that this view is shared by many parliamentarians from across the House. I pay particular tribute to the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who has championed the issue of cuckooing for some years. I also pay tribute to the organisation Justice and Care for all the work that it has done to highlight this particular issue, and recognise our former colleague Holly Lynch, who campaigned on this issue when she was a Member of the House. Children in particular are often exploited by criminals. By introducing the offence of cuckooing, alongside the new offence of child criminal exploitation, our aim is to improve identification of such children and to strengthen the response for both adult and child victims of exploitation. I want to make clear that we expect the cuckooing offence to be used to pursue the criminals orchestrating the cuckooing, and that the victims of exploitation, including children and vulnerable people, found in properties should be safeguarded—I will say a little more about the role of children in a moment. Clause 32 outlines that it will be an offence to control a person’s dwelling in connection with specified criminal activity without that person’s consent. The specified criminal activity is set out in schedule 5 to the Bill, reflecting the types of criminal activity that cuckooing is typically used to facilitate, as we were just discussing—for example, drugs offences, sexual offences and offensive weapons offences, among others. The offence will carry a maximum penalty on conviction on indictment of five years’ imprisonment, a fine or both. Clause 33 provides interpretation of the terms used in clause 32 to clarify what is meant by “dwelling”, “control” and “consent”. Clause 33 also provides examples of how an individual may exercise control over another’s dwelling, including controlling who is able to enter, leave or occupy the dwelling, the delivery of things to the dwelling and the purposes for which the dwelling is used. It should be noted that the person exercising the control does not need to be present in the dwelling, thereby enabling prosecution of gang leaders who are directing the cuckooing from afar. Clause 33 also sets out that a person cannot consent to control of their dwelling if they are under 18 years old, they do not have the capacity to give consent, they have not been given sufficient information to enable them to make an informed decision, they have not given consent freely or they have withdrawn their consent. The consent of an occupant may not freely be given where it is obtained by coercion, manipulation, deception or other forms of abusive behaviour, taking into account the vulnerability of an individual. We recognise that criminal gangs may adapt cuckooing to other crime types. Therefore, as I said, clause 34 provides that power for the Home Secretary and for the relevant Ministers in Scotland and Northern Ireland to amend the list of specified offences in schedule 5 to future-proof the offence. Such regulations will be subject to the affirmative procedure, which may help with scrutiny, as mentioned by the hon. Member for Gordon and Buchan. I will say a few words about the issue of children and cuckooing. Police and stakeholders tell us that children, in particular those exploited by county lines gangs, are used as runners, to deliver drugs to cuckooed properties, and sometimes as sitters, to sell drugs from the properties. It is absolutely right that children who have been exploited and groomed into criminality should be treated first and foremost as victims, as I said a few moments ago. That does not in itself override the age of criminal responsibility, where the law holds children over a certain age to be responsible for their actions. I believe that allowing those two principles to exist alongside each other will provide the best protection and outcomes for vulnerable victims of this terrible crime. The non-consensual control of someone’s home, the place in which they deserve to feel completely safe and secure, is a cruel and harmful violation. Therefore, where there is evidence that a child has been involved in an offence against, for example, a vulnerable or elderly person, and it is evident that they have chosen to do so and have not been manipulated or coerced, it is right that the police should be able to take action. That does not mean, however, that the police will seek charges against under-18s irrespective of any history of exploitation. I am clear that decisions as to whether to charge someone should be taken on a case-by-case basis. As with all offences, the police have operational discretion, and the Crown Prosecution Service’s public interest test will apply. We will also issue guidance to support implementation of the cuckooing offence, including on how police should respond and identify exploitation when children are found in connection with cuckooing. As we have previously debated, the Bill provides for the new offence of child criminal exploitation to strengthen the response to perpetrators who groom children into criminality. It is intended to improve identification of, and access to support for, victims. Amendment 5, which the hon. Member for Frome and East Somerset spoke to, seeks to further define “capacity to consent” as set out in clause 33(5)(b). The amendment would set out that a person lacks capacity to consent to the control of their dwelling for a criminal purpose if they either lack capacity under the Mental Capacity Act 2005 or are in circumstances that “significantly impair their ability to protect themselves from exploitation.” I agree it is important that the offence can be used to prosecute perpetrators who have preyed on those who, due to a health condition or wider vulnerabilities, do not have the capacity to provide valid consent. However, I want to clarify that we have intentionally avoided using references to the Mental Capacity Act 2005. We believe that may cause confusion in this context, as that Act is designed to apply in a civil law context and has a central purpose of empowering people whose capacity is called into question, rather than identifying those who lack capacity. Furthermore, the formulation of the amendment starts from the presumption that a person lacks capacity to consent if they are in circumstances that significantly impair their ability to protect themselves. That may imply that vulnerable people inherently lack capacity, which we think would set an unhelpful precedent. I reassure the Committee that the clause as drafted already allows for a broad interpretation of capacity. Our intention is to provide flexibility for the court to interpret capacity as relating to any impairment that may impact the person’s ability to consent. That could include circumstances where a person is unable to consent to the control of their dwelling for a criminal purpose due to disability, illness and/or the effects of substance misuse. That applies to both permanent and short-term lack of capacity. Where a person has been subjected to coercion, deception or manipulation and is as a result less able to protect themselves against cuckooing, that is already covered by the definition of consent under clause 33(5), which provides that consent is valid only if freely given and sufficiently informed. As I have already stated, we intend to issue guidance to support the implementation of the offence and will ensure that it covers the issue of consent to assist police in identifying victims and the type of evidence that points towards ability to consent. I hope that, with those reassurances, the hon. Member for Frome and East Somerset will be content not to press the amendment to a vote. Question put and agreed to. Clause 32 accordingly ordered to stand part of the Bill. Schedule 5 agreed to. Clause s 33 and 34 ordered to stand part of the Bill. Clause 35 Protections for witnesses, and lifestyle offences Question proposed, That the clause stand part of the Bill.

• 8 Apr 2025 · Crime and Policing Bill (Seventh sitting) · Hansard source

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  I am grateful for the very thorough speech that the hon. Member for Gordon and Buchan just made. I am a little concerned that she may have misunderstood what the clause attempts to do, which is to support victims and those who are vulnerable in their ability to give evidence in court, such as by enabling them to give it by video link or behind a screen, because we know that it can be quite intimidating to be in court. As the hon. Lady said, if there are people who victims are concerned or frightened about, and they worry there will be repercussions, then putting in those measures seems to be a sensible way forward. I have not come across the specific issue with witness protection that the hon. Lady mentioned. She referred to people being relocated and moved away. The provisions within this part of the Bill are reasonable measures to address the vulnerabilities of people who may find themselves subject to child criminal exploitation or cuckooing. We are not doing anything in this clause that goes beyond what is already in place for other vulnerable witnesses in court. It is not doing anything in addition to what is already accepted as good practice for those with vulnerabilities. Question put and agreed to. Clause 35 accordingly ordered to stand part of the Bill. Clause 36 Child sexual abuse image-generators

• 8 Apr 2025 · Crime and Policing Bill (Seventh sitting) · Hansard source

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  The clause provides for the offences of child criminal exploitation and cuckooing to be designated “lifestyle offences” under the Proceeds of Crime Act 2002, and for victims and witnesses of both offences to be automatically eligible for special measures when giving evidence in court. Child criminal exploitation and cuckooing are abhorrent practices whereby perpetrators exploit vulnerable victims to further their own criminal lifestyle. As such, we want to ensure that special measures are in place to make it easier for victims of these new offences, who are likely to be vulnerable, to give evidence during court proceedings. Clause 35 therefore amends the Youth Justice and Criminal Evidence Act 1999 to provide for victims of these crimes to be automatically eligible for provisions such as the screening of the witnesses from the accused or giving evidence by video link or in private. Similarly, we want to ensure that perpetrators of child criminal exploitation or cuckooing are not able to profit from the harm that they have caused. Clause 35 therefore amends schedule 2 to the Proceeds of Crime Act 2002 to add both offences to the list of lifestyle offences. This means that when a person is convicted of these offences, their assets will be considered to have potentially derived from crime and may be subject to confiscation.

• 3 Apr 2025 · Crime and Policing Bill (Sixth sitting) · Hansard source

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  Clause 17 provides for a new offence of child criminal exploitation. The offence will criminalise any adult who exploits a child by intentionally using them to commit criminal activity, and will carry a maximum penalty of 10 years’ imprisonment. Child criminal exploitation is a form of child abuse that is often committed by criminal gangs, which prey on the vulnerability of a child to groom and manipulate them into committing crimes, such as county lines drug running, organised robbery and many more offences. Perpetrators expose victims to violence, threats and intimidation, causing serious physical, psychological and emotional harms, which have devastating and long-lasting impacts on their childhood, as well as their future life chances.

• 3 Apr 2025 · Crime and Policing Bill (Sixth sitting) · Hansard source

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  Clauses 18 to 31 and schedule 4 introduce child criminal exploitation prevention orders, which will be available on application to the courts, on conviction and at the end of criminal proceedings when there has not been a conviction. The provision for on-conviction orders is made by amendment of the sentencing code by schedule 4.

• 3 Apr 2025 · Crime and Policing Bill (Sixth sitting) · Hansard source

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  Good afternoon, Sir Roger. Looking at amendment 1 before we go on to discuss clause stand part—

• 3 Apr 2025 · Crime and Policing Bill (Sixth sitting) · Hansard source

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  The hon. Member for Gordon and Buchan raised a number of very interesting points of detail. I do not want to detain the Committee any further this afternoon by addressing each and every one of the very important questions that she posed, but I hope that she will take my assurance that I will reflect on all her points and consider them as part of the implementation planning for the new clauses. I commend clauses 18 to 31 and schedule 4 to the Committee. Question put and agreed to. Clause 18 accordingly ordered to stand part of the Bill. Clause s 19 to 30 ordered to stand part of the Bill. Schedule 4 agreed to. Clause 31 ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. —(Keir Mather.)

• 3 Apr 2025 · Crime and Policing Bill (Sixth sitting) · Hansard source

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  The debate on this group has been very full, and it is good to know that there is cross-party support for clause 17, which introduces the offence of child criminal exploitation. The shadow Minister, the hon. Member for Stockton West, highlighted that the Modern Slavery Act, which the previous Government relied on to deal with the problem, has been failing for many years. The statistics that he cited on the very limited number of prosecutions that went through the courts emphasise how sad and unfortunate it is that this bespoke offence was not put on to the statute books years ago. Given the cross-party support for it today, I am surprised that such support did not exist years ago under the previous Government. I will deal with some of the questions about clause 17, particularly on the age limit of 13. I think it is clear that it is never reasonable to consider a child under the age of 13 as an adult. There is crossover from the approach taken around child sexual exploitation, and it would almost always be obvious when a child is under the age of 13. I hope that explains why that age limit was set. On the question of what is happening in Scotland and Northern Ireland, I have said in previous debates that we are in discussion with the devolved authorities, particularly with the Scottish Government and Northern Ireland’s Department of Justice, about the application of the CCE provisions to Scotland and Northern Ireland. I hope that offers reassurance. The hon. Member for Gordon and Buchan asked how many defendants had relied on the section 45 defence under the Modern Slavery Act in respect of CCE offences. Obviously, we will not have had a CCE offence until this Bill gets on to the statute book, so the answer to that question is none. The comparator offence in terms of modern slavery and human trafficking is also excepted from the defences listed in section 45. The purpose of amendment 10 is to ensure that those prosecuted for this serious offence cannot benefit from the section 45 defence. The shadow Minister asked how the new offence will change the dial on the systems response to CCE. I take his point: introducing the bespoke, stand-alone offence of CCE, as well as CCE prevention orders, will raise the national consciousness of the issue and finally—I emphasise that word—place it on a level playing field with other harms. That said, we do understand that the offence on its own is only part of the answer, and that is why we are working across Government to identify opportunities to improve the systems response and drive change and transformation. I do not wish to try your patience, Sir Roger, by going into the issue about the sentence that should be given for the new offence, as we discussed whether the maximum sentence should be life imprisonment in the debate on previous group. The Safeguarding Minister, my hon. Friend the Member for Birmingham Yardley, is undertaking a full review of the NRM, as well as looking at the Modern Slavery Act more generally, because it does not always work as effectively as we would like. In terms of what else we can do, I want to highlight another manifesto commitment: the creation of Young Futures. That is about recognising those children who are vulnerable and who might need extra support. We will create youth hubs and prevention partnerships, which are about the cohort of very vulnerable young people who might be getting themselves into difficult situations and who are perhaps on the verge of getting involved in criminality. That will involve identifying who they are, working with them and putting in place a plan of action to ensure that they are diverted away from involvement in the gangs that we know prey on very vulnerable young people. On that basis, I commend clause 17 and amendment 10 to the Committee. Amendment 10 agreed to. Clause 17, as amended, ordered to stand part of the Bill. Clause 18 Power to make CCE prevention order Question proposed, That the clause stand part of the Bill.

• 3 Apr 2025 · Crime and Policing Bill (Sixth sitting) · Hansard source

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  Yes, that is what I meant, Sir Roger. I am sorry to cause confusion. Amendment 1 seeks to increase the maximum penalty for the new offence of child criminal exploitation in clause 17 from 10 years’ imprisonment to life imprisonment. I fully support a maximum penalty that reflects the seriousness of the offence, which holds people who criminally exploit children to account and acts as a clear warning to would-be perpetrators who might target children for their own criminal gain. However, a maximum penalty must be fair and proportionate. A life sentence is an extremely high bar, reserved for the gravest offences such as murder and rape. Ten years’ imprisonment is a very serious maximum penalty that reflects the significant physical, psychological and emotional harm done to the child. It reflects the damage done to a child’s life chances by inducing them into a criminal lifestyle, and to their welfare by subjecting them to coercive behaviours that may be traumatic and long-lasting. To be clear, the penalty imposed for the child criminal exploitation offence does not punish perpetrators for conduct that would amount to a separate offence. It does not punish the perpetrator for the offence that they intend the child to commit—for example, drug supply. Harmful acts done to a child as part of their exploitation that would amount to a separate offence can be punished under those offences in addition to the child criminal exploitation offence. For example, an assault against a child to ensure their compliance that amounts to causing grievous bodily harm with intent to do so will be subject to the maximum penalty for that offence, which is life imprisonment. When deciding what sentence to impose, the courts are required to take into account the full circumstances of the offence and the offender. This includes the culpability of the offender, the harm they caused, and any aggravating or mitigating factors, to ensure that the overall sentence imposed on the offender is just and proportionate. Looking at the sentencing framework across the criminal law in England and Wales, the Government are of the view that a 10-year maximum penalty for child criminal exploitation is appropriate and comparable to offences that involve similar behaviours.

• 3 Apr 2025 · Crime and Policing Bill (Sixth sitting) · Hansard source

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  I beg to move amendment 10, in clause 17, page 26, line 29, at end insert— “(4) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36C insert— ‘ Crime and Policing Act 2025 (c. 00) 36D An offence under any of the following provisions of the Crime and Policing Act 2025— section 17 (child criminal exploitation)’.” This amendment excepts the offence of child criminal exploitation from the defence in section 45 of the Modern Slavery Act 2015.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  The hon. Member is right that I will address that point in due course. The shadow Minister referred to live facial recognition, but there are some provisions on that—new clauses 19 and 29—which I think will provide the best opportunity to discuss those points. He will know of my commitment to using live facial recognition where appropriate, with the necessary policing safeguards. In response to the remarks about the offence set out in Scottish legislation on abuse, threats and aggravating factors, it is fair to say that, as the Minister, I am looking carefully at what other countries have legislated for. I keep that under review and will continue to do so throughout the course of the Bill’s passage.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  I am happy to confirm that the £3 million allocated for the financial year 2024-25 has been continued. We have used that to buy 10 vans to help us with the roll-out of live facial recognition, about which I understand the shadow Home Secretary, the right hon. Member for Croydon South, is particularly concerned and anxious, so I can reassure him on that. We are now going through a spending review, and bids will be made for the technological tools that we want our police forces to have to catch criminals and keep us safe and secure.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  I thank the shadow Minister, the hon. Member for Stockton West, for his extensive speech in this short debate, setting out in great detail the background and history of how we have reached the position that we are in today. I feel that with some of the contributions we visited every retail outlet in the country. As the shadow Minister asked me a number of questions, I will deal with those at the outset. It is a shame that, despite what he said, the fact is that in 14 years the previous Government did not deliver on introducing this provision. On what the hon. Member for Isle of Wight East said, the reason I pointed out that this was a manifesto commitment was to show that this Government, in our first Home Office Bill, are actually delivering on what we said we would do. I will go on to deal with some of the points that he and other hon. Members raised.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  I will come on to that point in more detail in a moment; I just want to deal with the point raised by the hon. Member for Windsor about security staff. The offence will cover security staff who are employed directly by retailers and those employed by a third party on behalf of a retailer. I want to move on to amendment 29 and new clause 26 tabled by the shadow Minister, which seek to make further provision on the sentencing of repeat offenders convicted of assaulting a retail worker. As I have tried to set out repeatedly, we take prolific offending extremely seriously, and it is helpful to have this opportunity to set out our approach. As the Committee will be aware, sentencing in individual cases is a matter for our independent judiciary, which takes into account all the circumstances of the offence and the offender, and the statutory purposes of sentencing. The courts have a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences where appropriate. Previous convictions are already a statutory aggravating factor, with sentencing guidelines being clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous conviction, when determining the sentence. The Ministry of Justice continues to ensure that sentencers are provided with all tagging options, to enable courts to impose electronic monitoring on anyone who receives a community-based sentence, if the courts deem it suitable to do so. Additionally, although electronic monitoring is available to the courts, it may be not the most appropriate requirement to be added to an offender’s sentence. Many prolific offenders have no fixed abode and live complex, chaotic lifestyles. Imposing an electronic monitoring requirement would likely set up those individuals to fail, instead of helping to improve outcomes for perpetrators of crime and the public. We cannot consider this issue in isolation. That is why the Government have delivered on a manifesto commitment—we are really quite keen on that—to bring sentencing up to date and ensure that the framework is consistent by launching an independent review of sentencing, chaired by the former Lord Chancellor, David Gauke. The review is tasked with a comprehensive re-evaluation of our sentencing framework, including considering how we can make greater use of punishments outside prison, and how sentences can encourage offenders to turn their back on a life of crime. The review has been specifically asked to consider sentencing for prolific offenders, to ensure that they commit fewer crimes. We look forward to considering the recommendations of the review, following which we will set out our plans for the future of sentencing. It is vital that we give the review time to finalise its recommendations, including on prolific offenders, and that we consider them. We had quite a lot of discussion about wholesale workers, delivery drivers and bank workers. However, despite the Opposition raising those issues, they did not table any amendments on them. New clause 20, tabled by my hon. Friend the Member for Neath and Swansea East (Carolyn Harris), relates to wholesale workers, and I will discuss it in a moment, but first, a number of Members raised the issue of delivery drivers. We know the really important, dedicated work that delivery drivers do, particularly when we recall what happened during the pandemic. These drivers often deliver items to the most vulnerable in our society, including the elderly, frail and disabled. However, my approach in the Bill is that we must be sure that the new offence that we are creating is proportionate and can be used without creating legal ambiguity. Any ambiguity in identifying whether an individual is a retail worker will lead the courts to take the case forward as a common assault, as happens at the moment, meaning that the specific recording that the shadow Minister is keen on would, importantly, not be attributed to a retail worker. Delivery drivers cover a wide range of sectors and roles, which is likely to cause issues with defining what a delivery driver is, and therefore with the courts’ ability to use the Bill as we want them to. However, we will use this parliamentary process to scrutinise the provisions in the Bill, as we are doing today, and will consider carefully any amendments that are tabled, as well as any evidence that is put forward in support of them. On bank staff, it is worth the Committee knowing that officials in the Home Office are meeting with Barclays next week. I am happy to look into what comes out of that meeting. Again, I think we can all agree that bank staff do important work in our communities. As I have said, they are protected by other legislation and a statutory aggravating factor, as public workers. I will come on to discuss that in a moment. New clause 20 would provide for an offence of assaulting a wholesale worker. Of course, violence and abuse towards any public-facing worker, including wholesale workers, is unacceptable. Everyone has a right to feel safe at work. I, like others present, know the dedicated work that many in the wholesale sector do to ensure that goods are in our supermarkets, so that we always have access to the things that we need in a timely way. However, I do not agree that the offence of assaulting a retail worker provided for by clause 14 should be extended to all wholesale workers. As we heard in oral evidence—we also have clear evidence from the British Retail Consortium, USDAW and the Association of Convenience Stores’ report—there has been a very worrying increase in violence and abuse towards retail workers. The police have already taken action to assist in tackling retail crime, and I welcome the positive impact that has had on charge rates, with a 52% increase in charge volumes for shop theft in particular. In 2023, as has been referred to already, the National Police Chiefs’ Council published the retail crime action plan. Through that plan, all police forces in England and Wales have committed to prioritise police attendance at a scene where violence has been used towards shop staff, where an offender has been detained by store security, and where evidence needs to be secured and it can only be police personnel. Clearly, that commitment, and other work undertaken by retail, is not preventing this crime, so we want to go further. This new offence of assaulting a retail worker will send the very strong message that violence and abuse towards retail workers will not be tolerated, On wholesale workers, bank staff and others, assault is already a crime. Everyone is protected from assault; it is criminalised under the Criminal Justice Act 1988, in which common assault has a sentence of six months in prison. The Offences against the Person Act 1861 covers more serious violence, such as actual bodily harm and grievous bodily harm. However, this new offence will help to ensure that assaults on retail workers are separately recorded so that we know the true scale of the problem, enabling the police to respond accordingly. Going back to why I am concerned about wholesale workers and others, any ambiguity in identifying whether an individual is a retail worker will likely lead the courts to take the case forward as common assault, meaning the specific recording attributed to a retail worker will not occur, which again goes back to the issue of data and recording. I stress that wholesale workers who are working in premises that provide retail sales to the public will be covered by the new offence in clause 14. In order to help those in the wholesale sector, banking and other areas, including delivery drivers, there is the statutory aggravating factor for assaults against any public-facing worker in the Police, Crime, Sentencing and Courts Act 2022. That aggravating factor ensures that the courts treat the public-facing nature of a victim’s role as an aggravating factor when considering the sentence for an offence, and it sends a very clear message that violence and abuse towards any worker will not be tolerated. In order to have a proper picture of what is happening, it is critical that incidents of violence and abuse are always reported to the police, no matter in what sector. I encourage businesses to raise awareness of the legislative changes that have been introduced to their organisations to encourage that reporting. I think it is fair to say that the reason the retail sector has been so powerful in making the case to both the previous Government and this Government is because they have that information and data, as they are reporting it. That is why they have been able to get to the point where this clause is now in the Bill. I think new clause 20 on wholesale workers is currently unnecessary, although I absolutely recognise the intent of my hon. Friend the Member for Neath and Swansea East in tabling it. Again, I echo how unacceptable violence and abuse is towards anybody. In the light of the explanation that I have given in response to the amendments tabled by the hon. Member for Stockton West, I hope that he will agree not to press them to a vote.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  What we do know, from the statistics that I have just read out, is that there is a wide body of evidence to confirm what is happening to retail workers on retail premises. We know that, because that information and evidence has been collated for some time. I accept that there are questions and concerns about delivery drivers, but I do not think we are in the position to know the extent of assaults on delivery drivers. I am not disputing that they take place—they do—but we have been very clear, and it was our manifesto commitment, that we will deal with assaults on retail workers by legislating for that. The clause is about that. Everyone has the right to feel safe at work. The new offence, which is for retail workers and premises, sends a strong message that violence and abuse towards retail workers will not be tolerated. In a later debate, perhaps, I will come on to some of the other protections that all workers have, and how they can be used. This new offence will carry a maximum prison sentence of six months and/or an unlimited fine. Reflecting on the need to take a tough stance with meaningful criminal justice consequences, clause 15 provides that the new offence will come with a presumption for a court to make a criminal behaviour order. Such an order may prohibit the offender doing anything described in it, which might include a condition preventing specific acts that cause harassment, alarm or distress, or preventing an offender from visiting specific premises. Breach of a criminal behaviour order is in itself a criminal offence, attracting a maximum penalty of five years’ imprisonment. Clauses 14 and 15, taken together, will significantly help better protect retail workers. On that basis, I am sure that they will be welcomed across the Committee. The hon. Member for Stockton West, who leads for the Opposition, has tabled amendment 29 and new clause 26 in this group. I plan to respond to those when winding up the debate.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  It is good to see you in the Chair, Dr Allin-Khan. Clause 14 provides for a new criminal offence of assaulting a retail worker. This will send a clear message to retailers and perpetrators alike that we take any form of violence in a retail setting extremely seriously, and it fulfils our manifesto commitment. I know that all Members will have experiences and information from their constituencies on the unacceptable rise in assaults on retail workers. I visited a shopkeeper on Beverley Road in my constituency who had been assaulted by a customer who was buying some alcohol and disputed its price. The customer hit the shopkeeper around the head around 50 times in an unprovoked assault, which was recorded on CCTV, so I was able to see it. It was really shocking to see. Many shop workers go to work every day with the fear of that happening. I pay tribute to Navin Sharda, that shopkeeper who was so badly assaulted. Police recorded crime figures show that shoplifting offences increased by 23% in the 12 months to September 2024, and the British Retail Consortium’s 2025 crime report showed that there were around 737,000 incidents of violence and abuse—about 2,000 a day—in 2023-24. Figures published by the Union of Shop, Distributive and Allied Workers in March 2025 show that 77% of workers said that they had been verbally abused in the 12 months to December 2024, 53% had received threats of violence, and 10% were physically assaulted during the year. Those statistics demonstrate that there are unacceptably high levels of retail crime across the country, and more and more offenders are using violence and abuse against shop workers to commit those crimes. As well as carrying out their role of selling goods, retail workers are in some cases asked by us to restrict the sale of dozens of age-restricted items. That is an act of public service. In carrying it out, they are putting themselves at risk, as a declined sale may, sadly, cause someone to become violent and abusive.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  Clause 4 serves two purposes. First, it extends the remit of the community safety accreditation scheme, to enable accredited officers to issue fixed penalty notices to tackle antisocial behaviour. Secondly, it increases the upper limit for fixed penalty notices from £100 to £500 for breaches of public spaces protection orders and community protection notices. Under the community safety accreditation scheme, a chief constable may delegate a range of powers usually reserved for the police to accredited officers involved in a community safety or traffic management role. That includes issuing fixed penalty notices for specific offences. This clause expands the list of offences to allow officers to issue fines for breaches of public spaces protection orders and community protection notices as well. I can assure hon. Members that appropriate safeguards are in place to ensure that these powers are used appropriately. To be awarded accredited status an organisation must satisfy strict criteria, and the scheme itself is accredited only through approval from a chief constable. Also, accredited officers must, rightly, undergo strict vetting and be appropriately trained in use of their powers. By expanding the range of agencies that can tackle antisocial behaviour, we will free up valuable police resources to tackle other antisocial issues and other types of crime. The second element of the clause increases the upper limit for fines issued for breaches of public spaces protection orders and community protection notices from £100 to £500. Public spaces protection orders and community protection notices are issued where antisocial behaviour has a detrimental effect on the community’s quality of life. It is right that anyone breaching the orders is met with a proportionate punishment. The current £100 upper limit does not always carry enough weight to stop people committing further antisocial behaviour. We expect that the threat of an increased fine will act as a stronger deterrent, and in many cases will be enough to prevent reoffending. We are clear that, although we are increasing the upper limit, the police, local authorities and CSAS officers must ensure that fines are reasonable and proportionate to the severity of the behaviour. The statutory guidance will, of course, be updated to reflect that.