Emergency Workers (Obstruction) Bill

My Lords, I beg to move that this Bill be now read a second time. It comes to us from the other place with unanimous all-party support, as seen by the list of sponsors and speeches made in support, including from Front-Bench spokesmen. It is good that a number of your Lordships want to participate in the debate, and I look forward in particular to the maiden speech of my noble friend Lord Morris of Handsworth. I pay tribute in particular to my right honourable friend the Father of the House, the Member for Swansea, West, who based his Private Member's Bill on a precedent in Scottish legislation suggested to him by the Liberal Democrat Member for Teignbridge. It is not easy successfully to steer a Private Member’s Bill into law and he clearly expended a great deal of time and effort on the Bill. The Bill was modified during debate, partly because the legal basis in Scotland is different, so that it could not simply be transposed, and in response to government concerns. The Bill received its Third Reading on 14 July. The Bill responds to a very effective campaign led by the Fire Brigades Union, the ambulance workers and the Manchester Evening News. I need hardly add that it is welcomed by the emergency services. It was significant that in the debates in the other place, Members from different parts of the country gave examples of the obstruction of fire engines or ambulances on their way to deal with emergencies—for example, pipes being cut to impede water supplies. Your Lordships would be appalled by some of the examples given. Perhaps the most lurid was that in a multi-floor building, a hole was made in the floor and covered with a mat, like a bear trap, so that firemen coming in were in danger of plummeting to the floor below. There was general consensus that there is indeed a lacuna in the law which the Bill would remedy and that our emergency workers need protection from a variety of troublemakers and vandals when on their way to deal with emergencies. On 14 July, on Third Reading in the other place, the Father of the House said that two simple principles lay behind the Bill. He said: "““First, people who risk their lives to save others should not be obstructed, and should be free to undertake their rescue work without obstruction and attack by yobs and idiots. Secondly, people who need to be rescued in an emergency because they are in danger should not face additional danger because of the mindless activity of a minority of idiots.—[Official Report, Commons, 14/7/06; col. 1595.]" I turn briefly to the specific provisions of the Bill. As now amended, it will create an offence of obstructing an emergency worker responding to emergency circumstances—Clause 1(1). Emergency workers are defined as firefighters, ambulance workers, those transporting blood, organs or medical equipment, coastguards and lifeboat crews. It will cover firefighters whether they are employed by local authorities or others, such as the British Airports Authority or the armed services. It will cover ambulance workers, including air ambulances, volunteers and those working under contract for the health service. The Secretary of State will have the power to add or delete people or categories of people in the list of emergency workers. It will also createan offence of obstructing someone assisting an emergency worker who is responding to an emergency. The offence ““without reasonable excuse obstructs”” is the same as that in Clause 1(1). Emergency circumstances are defined as circumstances that are ““present or imminent”” and that, "““are causing or are likely to cause””," death, "““serious harm to the environment””," or, "““serious harm to any building or other property””." The maximum penalty will be a fine of up to £5,000; that is, "““a fine not exceeding level 5””." I shall discuss some of the anxieties that were expressed in the debates in the other place, which I hope will allay some of the concerns in this House. The first was assault. This was originally part of the Bill, but was omitted in response to the Home Office’s concern that it was already covered by existing legislation and that it was wrong to overcomplicate the law if we could deal adequately with the problem under existing law. There was serious debate on the categories to be extended. The procedure in Clause 5 gives power to modify by order. Mountain rescue teams, for example, are not mentioned specifically, but there is some uncertainty about the interpretation and whether they are included. It would be helpful to know whether the Government believe that they are covered by the ““assisting”” provision in the Bill. Otherwise, they are clearly good candidates for Ministers to consider. My noble friend Lord Clark of Windermere has taken a special interest in this. The offence of obstructing persons assisting emergency workers applies to voluntary organisations and individuals when they are assisting emergency workers who are responding to emergency circumstances. St John Ambulance personnel will therefore be covered by the offence when they assist personnel employed by a National Health Service body to provide ambulance services or personnel who are providing these services pursuant to arrangements made by, or at the request of, a National Health Service body. There was considerable debate about the nature of the sentence, particularly for assault. Clearly everyone wants to support emergency workers, and the Sentencing Guidelines Council will still consider making this an aggravated offence when dealing with people serving the public. I understand that no further advice has yet been received from the Sentencing Guidelines Council. Perhaps the Minister will tell us when such advice is expected. Defences were initially listed seriatim as in the Scottish Act, but it was cumbersome. The best legal advice was that the well tried formula ““without reasonable excuse”” was the appropriate solution, as it allows the sentencing authority to consider all circumstances, including, for example, if the obstruction was unintentional and for acceptable purposes. I note briefly that Wales—for ““Wales””, read ““England””—is covered by the criminal provisions, but it is clear that the Welsh Assembly Government will be properly consulted on any extension of categories or persons. In the case of Northern Ireland, the appropriate authorities were consulted during the passage of the Bill. Northern Ireland already has legislation that covers the obstruction of police and firefighters, so the legislation there is more limited and covers ambulance workers, coastguards, lifeboat crews, and those transporting blood or organs. The definitions in the Bill ensure that these services are covered in Northern Ireland. Clause 5 again provides that any order adding or removing categories of workers relating to Northern Ireland will be made only with the consent of the Northern Ireland department concerned, or perhaps even Stormont. Finally, I concede that the Bill is only part of the solution to a social problem. It needs to be assisted by education in schools and generally with the assistance of trade unions as part of the respect agenda. On14 July 2006, the Member of Parliament for Bolton South East referred to an initiative in Bolton by the emergency services through a programme called Crucial Crew. This is held in a large building and is attended by all the emergency services where emergencies are simulated for the benefit of primary school children. Again, the Member of Parliament for Worsley referred to a 13-week community scheme run by the fire services and the Prince’s Trust. The Greater Manchester Fire Service has a young firefighter scheme that focuses on boys and young men. I emphasise to your Lordships that we are near the end of the Session. The timetable is tight, so any amendments passed could jeopardise the Bill, but I remind your Lordships of the flexibility of the Bill incorporated in the extension to other categories in Clause 5. I therefore hope that your Lordships will respond in that spirit. It is a limited but worthwhile measure to deal with unacceptable behaviour. I commend the Bill to the House. Moved, That the Bill be now read a second time.—(Lord Anderson of Swansea.)