Policing and Crime Bill

My Lords, the Home Office and its partners are confronted with a rapidly changing world with increasing demands for a more efficient, more publicly accountable and more effective response to crime and disorder, all the way from our local streets to the regional and the international level. Inevitably, that leads to a Policing and Crime Bill with wide-ranging measures. For that I make no apologies. Facing up to those challenges means helping police forces to improve their leadership, strengthen their ability to collaborate with each other and yet be more accountable to the local public whom they serve. It also means providing them and their partners with a framework that will help them gather the evidence against criminals while ensuring that the rights of individuals and society are properly respected, and it means providing them with the right tools to tackle effectively the fresh challenges confronting them on our streets today, from low-level alcohol-fuelled disorder to serious gang-related violence. The world is changing, and crime and fighting crime is no different. We must keep pace with those changes. That means, for example, changes to ensure that all criminals, often serious criminals, can be fairly extradited so that they can be fairly dealt with and cannot escape justice for their crimes, wherever they may have been committed. We must also keep pace with the increasingly clever ways in which criminals can exploit and benefit from the proceeds of their crimes. However, the mark of any civilised society is not just how it tackles and treats its criminals but how it helps protect its most vulnerable—from children who can fall prey to either ordinary criminals or the most vile offenders seeking to abuse them, to women who are forced, threatened or deceived into a life of misery and suffering as prostitutes. Meeting those challenges head on are noble aspirations to build strong and secure communities. There is no reason why we cannot achieve that. The Bill is our part in that endeavour. I turn now to some of the key provisions in the Bill in more detail. Part 1 relates to police reform. The police services face different challenges from those of even a decade ago. Much of what we have already in place is sound and effective in meeting those demands, but the public rightly demand more. Part 1 provides the necessary legislative measures to meet those demands. The Green Paper From the Neighbourhood to the National: Policing our Communities Together, published last year, set out a radical programme of reform that will transform policing in England and Wales. A cornerstone of that programme is to respond to the need, identified in the Flanagan and Casey Reviews, to improve the visibility of police authorities and to make the police service in general more visible and more accountable to the public it serves. That work is well under way already, by introducing an independent inspection regime for police authorities and working towards the creation of a blueprint for an effective police authority. The Bill complements that work by strengthening the Police Act 1996, by placing a duty on police authorities to consider the views of the public in the discharging of all or any of their functions. It further supplements the existing framework by specifically asking HM Inspectorate of Constabulary to consider, when police authorities are inspected, the extent to which they have achieved that. Publicly accountable policing must go hand in hand with more effective policing, and this must be not just at the local but at the regional and national level. It is the Government’s role to ensure clarity in the legal and governance frameworks that facilitate that. That is why the Bill contains provisions to strengthen the legislation through which the police collaborate in the interests of greater efficiency and effectiveness. That meets the very clear demand from the Association of Chief Police Officers, the Association of Police Authorities and individual forces and authorities, especially those already working in collaboration with each other, to bring the legislative framework for joint working to be brought up to date, especially as the joint delivery of policing services is becoming more widespread. The measures will help support the outcome of the review by Her Majesty’s Inspectorate of Constabulary into what is known as subsidiarity—or the level at which particular services should be delivered—including the development of more strategic collaborative structures. Of course, the efficiency and effectiveness of any organisation is only as good as those people who work in it. Police forces are no different. The Bill therefore contains provisions which will strengthen the independence and status of the senior appointments panel for chief officers, including changes to create a better, more proactive system for senior appointments. It is widely acknowledged that those changes are necessary to enable better management of talent and development opportunities for aspiring and existing chief officers. I move on to DNA. In order efficiently and effectively to tackle criminals, the police and their partners also need the basic tools to identify and build the evidence against such criminals. Everyone, I think, recognises the importance of DNA in the fight against crime. As to the retention of DNA from those not convicted, we know from research that between May 2001 and 31 December 2005 there were approximately 200,000 DNA profiles on the National DNA Database which would previously have had to be removed before legislation was passed in 2001, because the person was acquitted or charges dropped. Of those 200,000 profiles, which would not have otherwise have been kept, approximately 8,500 profiles from 6,290 individuals have been linked with crime-scene profiles, involving nearly 14,000 offences. These include 114 murders, 55 attempted murders, 116 rapes, 68 sexual offences, 119 aggravated burglaries and 127 cases of supplying controlled drugs. Nevertheless, I am sure much will be said today and subsequently about the DNA provisions that we have brought forward in Clauses 96 to 98 in Part 8, so I want to take a little time to remind us of the facts of what we are actually doing and why we are doing it. What is the current position? Under the Police and Criminal Evidence Act 1984, the DNA and fingerprints taken from people on arrest can be retained indefinitely, whether or not they are convicted of an offence. At present, PACE provides that retained biometric data can be used only for purposes connected to the prevention or detection of crime, but the period of retention is at the discretion of the chief constable of each force area. There is currently nothing in statute setting out a retention framework. Why do we need to change the law now? Many Members of this House will be aware of the case of S and Marper v the United Kingdom over the retention of biometric data, including DNA, from those who have not been convicted of an offence. We argued in the European Court of Human Rights in that case that DNA and fingerprint evidence were critical to the prevention and detection of crime, including very serious crimes that would not otherwise have been solved, set against the lack of detriment to the applicants or others in their position. We also pointed to the substantial safeguards and controls that exist which meant that retention was only of practical consequence for the individual whose records were on the database if a match from a criminal investigation occurred. We also noted that the use of DNA provided speedy exculpation of the innocent as well as identification of a suspect. Further, the domestic courts, including the House of Lords, had all found that the retention of fingerprints and DNA was acceptable, proportionate, commensurate with a civilised and democratic society and in compliance with the Human Rights Act. We were therefore disappointed with the judgment of the European Court of Human Rights on 4 December 2008 when it ruled that the retention policy in England and Wales was in breach of Article 8 of the convention. The European Court of Human Rights held that the absence of a retention framework on DNA in England and Wales was unlawful and said that the blanket and indiscriminate power to retain biometric data of people arrested but not convicted failed to strike a fair balance between the public interest and the rights of the individual. A change is therefore needed, and it is needed now. We are committed to complying with the European Court of Human Rights ruling and to doing so as quickly but effectively as possible. That is why the public consultation paper published on 7 May entitled Keeping the Right People on the DNA Database not only sets out proposals to comply with the judgment but, in the cases of samples and young people, goes further than the judgment requires. What are the Government doing? In the Bill, we are providing for an enabling power to make regulations for the retention and destruction of DNA. The public consultation paper sets out what we expect those regulations to comprise of, and we have published a version of those regulations. The final draft version will, of course, be subject to the outcome of the consultation paper and follow our discussions with the Committee of Ministers, but what is clear from the consultation paper is that we have provided evidence to support the case for the retention of data for those arrested and not convicted and to support the proposed periods of retention. We are proposing significant evidence-based changes. First, all DNA samples—in other words, the actual biological material such as hair or a swab of saliva—for all persons, whether arrested and not convicted or arrested and convicted, are to be destroyed. That means that around 4.5 million legacy samples will be destroyed and future samples will be destroyed as soon as possible and may be held for a maximum period of six months to ensure that a suitable profile is put on the National DNA Database. This is a major step on our part and recognises the significant public concern about "living" samples being held within the criminal justice system. Secondly, we propose to retain for six years the DNA profile of people arrested but not convicted of a recordable offence, except in the cases of violent, sexual or terrorist-related offences, for which we propose a retention period of 12 years. Thirdly, we propose to delete DNA profiles of people aged 10 to 18 who have been arrested and not convicted, and those arrested and convicted after six years or on their 18th birthday, whichever is sooner, unless their arrest or conviction is related to a violent, sexual or terrorist offence or they have been subject to a subsequent arrest or to a conviction for another offence. Finally, we need to remind ourselves of what happens if the Government do not do this now. Aside from the fact that we need to have made significant progress towards implementing a European Court of Human Rights judgment in a reasonable time, which we are advised is about 12 months from the date of the judgment, delaying a change in legislation in England and Wales will build uncertainty and confusion among the public and police forces. It also creates the potential for legal challenge in the courts. We want to avoid these situations. Our approach will enable a timely and effective programme of implementation by the police service and the introduction of a retention framework that minimises operational disruption. At the same time, the introduction of regulations will give members of the public who have been arrested certainty about what will happen to their data and when they can expect them to be deleted. There are also wider issues around public protection. Our approach is to look to raise public protection while protecting the safeguards for the individual. That is an important balance to maintain, and our public consultation and regulatory process not only achieve that but actually enhance it. I recognise that some Members of this House are likely to share the concerns expressed in the other place that the Bill does not go far enough in setting out the details or that Parliament is not being given sufficient opportunity to scrutinise them. I assure the House that we are not taking this matter lightly. Public support for and engagement in a retention framework are important elements of implementing the judgment by the European courts. Therefore, we have published the consultation paper to hear what the public have to say, and we will use those responses to inform draft regulations that are put before this House. The consultation ends on 7 August. We have also placed in the House Libraries, for information, an indicative draft of what the regulations could look like, so that all Members can have the fullest possible details of our proposals; and, in the other place, we amended the DNA measures in the Bill to ensure that before the first and any subsequent draft regulations are laid before Parliament, statutory consultees must also be consulted further on those regulations. We must put in place the ability now to implement the European court’s judgment. We must do so in such a way that the public have had their say in how they want the retention regime to work. We are doing all we can to engage the public and Members of this House so that they can have their say on such an important issue. I make no apologies for going on at length about that, because it is such an important issue and we have already had a number of discussions about it on the Floor of the House. On Part 2, more effective and efficient policing is but one side of the equation when it comes to fighting crime. On the other side of the equation are those unfortunate few on whom the criminals prey, and how it protects its most vulnerable people is the mark of any civilised society. That is why the Government undertook a review on tackling the demand for prostitution last year. Lest we forget, most prostitutes are more victims than volunteers. That review concluded that to curb prostitution and tackle the most exploitative elements of prostitution, including trafficking, enforcement activity should be focused not just on those involved in the organisation of sexual exploitation but on those who contribute to the demand by paying for sex. This approach is supported by ACPO and a number of organisations working with victims of trafficking and campaigning on women’s rights. In particular, Rights of Women, Eaves housing, the POPPY Project, and Toynbee Hall support the approach that we are taking in Clause 13. That is why this Bill provides a new offence of paying for sex with a prostitute who has been subjected to force, threat or deception. There was much debate in the other place on ensuring that these measures do not inadvertently capture circumstances in which prostitutes are willingly in a voluntary business such as a relationship with a third party. That has never been our intention. Clause 13, following amendments in the other place, helps to clarify that by narrowing and tightening the scope of the offence. Alongside the new offence in Clause 13, the Bill provides for the removal of the term "persistent" from the existing offences of kerb crawling and soliciting to allow police greater powers to tackle kerb crawlers who create the demand for street prostitution and provides police powers to close down premises where they have evidence that they are being used for activities connected with prostitution or pornography-related offences. These measures must be part of a comprehensive approach that recognises the importance of providing routes out for those who want to leave prostitution. For this reason the Bill includes a new rehabilitative sentence for those prostitutes convicted of loitering or soliciting as an alternative to a fine and it seeks to remove the term "persistent" from that offence, as part of an approach that shifts the emphasis away from punitive issues much more towards more supportive ones. Children are among the most vulnerable members of our society. I am sure all sides of the House agree that we must do all that we can to strengthen our already very robust system of managing sex offenders. Feedback from groups such as the Association of Chief Police Officers has helped the Government to identify practical steps to strengthen these measures. This Bill will enhance the protection of children by assisting the police in their efforts to restrict the ability of child sex offenders to harm children, both in the UK and abroad. For example, it will strengthen the protection afforded by foreign travel orders by increasing their duration, by ensuring that foreign travel orders can be made against an individual if the young person who could be abused by that individual was under the age of 18 and not just under 16, and by enabling the automatic removal of passports from individuals who are subject to a foreign travel order prohibiting them from travelling anywhere in the world. Our communities must also be further empowered and feel their views are heard. The increase in lap dancing clubs in towns and cities across the United Kingdom, for example, is an issue of concern for many local communities. To address this issue the Bill will reclassify lap dancing clubs as sex establishments, giving local people a stronger say over whether these clubs are set up in their communities or not. These powers were requested by the majority of local authorities which responded to the Government when they sought views on this issue. The need to respond to the concerns of communities in relation to lap dancing clubs has been highlighted by organisations such as the Fawcett Society and Object. Many communities are blighted by alcohol-fuelled low-level crime and disorder, particularly as a result of unsupervised under-18s drinking alcohol in public. Of course, most people drink alcohol responsibly, but in some communities alcohol-related crime and disorder has become a significant problem. The police already have a range of powers for dealing with this alcohol misuse. Part 3 includes measures to amend some of these existing powers, as well as introducing a new offence of persistent possession of alcohol, in order to ensure these problems can be tackled even more effectively. We will continue to do more to enforce existing laws around the sale of alcohol, but this activity should not be at the expense of the alcohol industry playing its part. An independent review of the industry’s voluntary standards has shown them to be ineffective in reducing alcohol-related crime and disorder. The Bill seeks to enable the drawing up of a revised code of practice with some conditions that will be mandatory for all licensed premises and others which licensing authorities can use at their discretion to target premises in areas experiencing problems. In establishing the framework for a code of practice for the irresponsible sale of alcohol, we will also ensure a safe, sensible yet social approach to preventing alcohol-fuelled crime and disorder. We are currently consulting more widely on the code of practice, copies of which are available in the Libraries, and my noble colleagues can and should participate in that consultation. The consultation code makes it clear how we propose to tackle alcohol misuse by banning the most irresponsible promotions and encouraging good management practices. Low-level crime and disorder is not the only new phenomenon confronting our law enforcement colleagues on the streets today. There is also the more violent end of the spectrum of crime on our streets, perpetrated by young thugs in criminal gangs, which is addressed in Part 4. The police and their partners need the tools to tackle the unique challenges posed by this phenomenon and I believe the measures around gangs’ injunctions in this Bill meet that demand. We have learnt lessons from the way in which Birmingham City Council applied for civil injunctions against known gang members and from the subsequent Court of Appeal judgment in the case of Shafi and Ellis. That is why, in developing these provisions, we have worked closely with not only Birmingham, but other local authorities and police forces, to ensure that they can tackle this unique gang problem in an effective way, delivering not only the immediate injunctive relief demonstrated by Birmingham, but also offering a preventive and rehabilitative approach to the gang problem. These injunctions will provide the police with a tool that is set firmly in statute, that avoids overlap with other similar tools, such as ASBOs, and that is quicker, more flexible and proven to be effective in managing such gang members, protecting both themselves and members of the public from the serious violence that they unleash. These measures are not, and never have been, about organised criminals or aimed at groups of youths hanging around on street corners carrying out low-level anti-social behaviour—we already have measures on statute elsewhere that focus on that. However, we have listened to Members’ concerns in the other place, in particular whether the measures inadvertently could be used against the latter groups of youth, and so Clause 33 now clearly characterises gangs and gang-related violence for the purposes of these injunctions to clarify this matter. It is also entirely reasonable for authorities applying for these injunctions to consult more widely when making the application. Again this was a point raised by Members in the other place and the changes have been made. I believe that with these changes the measures are now much stronger and clearer. In Part 5 we go into the proceeds of crime. Of course, local communities also suffer at the hands of other criminals, including more serious and organised criminals. The recovery of criminal assets is one of our most powerful tools in fighting all levels of crime and is one of the Government’s top priorities for law enforcement. We already have a strong array of powers and tools to recover criminal proceeds which the law enforcement agencies and prosecutors are using to very good effect. The asset recovery action plan, which was consulted on in 2007, included proposals to further drive up our asset recovery work. The measures in the Bill flow directly from proposals in that consultation exercise and also from suggestions made by the police to further improve existing powers. For example, the new power in this Bill to seize goods on arrest, or later, for acquisitive crime when a confiscation order is expected, will prevent assets being dissipated and send a powerful signal to communities that criminals will not be able to flaunt their illegally gained assets. However, a fair society must also insist that those who enforce the law use their powers proportionately. The Bill therefore includes safeguards to ensure that the new search and seizure powers are used appropriately, with judicial oversight, and that certain essential items of property and equipment are exempt from seizure. Overall, the package of measures in this Bill will speed up the enforcement of asset recovery cases and will help to increase the total amount taken from criminals, thereby further depriving them of capital, reducing the incentives for crime and the harm caused by crime, as well as further promoting fairness and confidence in the criminal justice system. In Part 6 of the Bill we move to extradition. Crime, particularly serious and organised crime, continues to evolve and has become increasingly global and increasingly sophisticated. While the Extradition Act 2003 streamlined and modernised the UK’s extradition system, it is vital that we ensure that our extradition legislation continues to meet these new challenges. The measures in the Bill will not only help us to meet our international obligations but also help to meet the demands of a range of departments, services and agencies involved in the United Kingdom’s extradition system, including SOCA, the CPS, police forces and the Courts Service. In doing so, they will provide vital operational benefits for United Kingdom authorities. One such benefit is the power for United Kingdom law enforcement bodies to deal with requests for extradition circulated by our European partners using the second generation Schengen information system, SIS II. It is estimated that the ability to deal with these additional alerts will allow law enforcement authorities in the United Kingdom to make an additional 1,200 arrests of people subject to European arrest warrants each year. The public safety implications of this change are therefore quite significant. The provisions will also ensure that our extradition system continues to be efficient, effective and fair and prevents serious criminals evading justice merely by crossing an international border. For example, the provisions will close a potential loophole in the current law as a result of which it is currently possible for someone wanted in connection with a serious crime committed in the United Kingdom or already serving a sentence imposed here, by voluntarily consenting to their extradition, say, for a lesser crime abroad, to evade facing the charge or serving out their sentence here, thereby evading justice in the United Kingdom. The Bill will also ensure that where a person serving a sentence in the United Kingdom is wanted for offences committed overseas, they can be extradited to face justice in that country but still be required, if necessary, to serve the full term of their UK sentence when they return. In Part 7, we move on to aviation security. Building secure communities means enhancing security for all aspects of those communities. That is why the Bill will also enhance the delivery of security at airports by providing an overarching strategy and structure for doing so. This is the result of nearly two years’ work with industry and the police, and builds on the Stephen Boys Smith and Sir John Wheeler reviews, both of whom saw that policing could not be isolated from airport security and that risk assessment and airport security planning needed to be embedded at all airports. The Bill will seek to introduce structures that reflect the holistic nature of airport security and a risk-based approach to deliver a safe and secure environment for all by developing stronger relationships among all those involved in airport security and improving transparency through greater co-operation, closer working and mutual understanding; establishing much clearer roles and responsibilities; more robust security planning, embedding processes to ensure a consistent and thorough approach; and a fairer funding process, removing the outdated system of designation so that all operators pay for any agreed dedicated policing requirement at airports. Both industry and the police have welcomed the value and necessity of multi-agency co-operation, transparency and clarity over roles and responsibilities, which the new security planning framework will provide. Part 8 covers miscellaneous items. It deals with a range of provisions to improve the efficiency of the Criminal Records Bureau and the planned vetting and barring scheme. There are also provisions to strengthen the powers of Customs, and now the UKBA, at the frontier by clarifying Customs powers to help tackle crime at our borders. The Bill will also seek to ensure that those subject to football banning orders in England and Wales will also be banned from attending regulated football matches in Scotland and Northern Ireland. I have no doubt that there are many issues in the Bill that will be scrutinised and debated by Members of this House with their usual perspicacity and robustness. I would expect no less, and I look forward to the coming debates. However, I hope that we do not lose sight of the need for practical measures that have practical applications to meet the challenges of crime-fighting today, measures that must balance the need to provide effective tools for our law enforcement agencies to fight crime, as well as measures to protect those who are the most vulnerable to those crimes, against the need to protect the rights of individuals in our society more widely. That is always a very difficult balance. I believe that the Bill does just that and will help us to build stronger, safer and more confident communities.