Category: Criminal Justice

  • Kit Malthouse – 2021 Statement on Data Loss at the Home Office

    Kit Malthouse – 2021 Statement on Data Loss at the Home Office

    The statement made by Kit Malthouse, the Policing Minister, in the House of Commons on 18 January 2021.

    With permission, Mr Speaker, I would like to make a statement about the technical issues that we have experienced with the police national computer over the past week.

    The records and information held by the police help to keep us safe, but they, like many other public bodies, have an obligation to ensure that the information they hold is properly managed. As I am sure you are aware, Mr Speaker, not all information and records held by the police can be held indefinitely. To ensure that the police are complying with their legal obligations in respect of the records they hold, a regular housekeeping process is undertaken to delete personal data and records from the police national computer and linked databases: in this case, data relating to individuals who were investigated by the police but where no further action was taken. This is undertaken for a variety of reasons, but chiefly to abide by legal obligations.

    With such a large database, holding some 13 million records, an automated process is used to remove records that the police national computer has no legal right to hold. A weekly update was designed by engineers and applied to the police national computer, which then automatically triggers deletions across the PNC, and other linked databases. Last week, the Home Office became aware that, as a result of human error, the software that triggers these automatic deletions contained defective coding and had inadvertently deleted records that it should not have, and indeed had not deleted some records that should have been deleted. An estimated 213,000 offence records, 175,000 arrest records and 15,000 person records are being investigated as potentially having been deleted. It is worth the House noting that multiple records can be held against the same individual, so the number of individuals affected by this incident is likely to be lower. Operational partners are still able to access the police national computer, which holds, as I say, over 13 million records. Clearly this situation is very serious, and I understand that colleagues across this House will have concerns, which of course I share.

    By your leave, Mr Speaker, I want to set out for the House the steps that we have taken to deal with this complex incident. On the evening of 10 January—the same day the Home Office became aware of the incident—engineers put a stop on the automated process to ensure that no further deletions took place. All similar automated processes have also been suspended. Early last week, Home Office civil servants and engineers worked quickly to alert the police and other operational colleagues, and established a bronze, silver and gold command to manage the incident and co-ordinate a rapid response. The gold command provided rapid guidance for police forces and other partners to ensure that they were kept abreast of the situation.

    Secondly, Home Office officials and engineers, working closely with the National Police Chiefs Council, police forces and other partners, immediately initiated rapid work, through the gold command, to assess the full scale and impact of the incident. This included undertaking a robust and detailed assessment and verification of all affected records, followed by developing and implementing a plan to recover as much of the data and records as is possible, and to develop plans to mitigate the impacts of any lost data. This is being done in four phases. Phase 1 involves writing and testing a code to bring back accurate lists of what has been deleted as a result of the incident. Phase 2 will involve running that code and then doing detailed analysis on the return to fully analyse the records that have been lost and establish the full impact. Phase 3 will be to begin the recovery of the data from the police national computer and other linked systems. Phase 4 will involve work to ensure that we are deleting any data that should have been deleted as usual when this incident first began. Phase 1 of the process has taken place over the weekend, and I am assured that it has gone well. The second phase is now under way, and I will hopefully have an update in the next few days.

    While any loss of data is unacceptable, other tried-and-tested law enforcement systems are in place that contain linked data and reports to support policing partners in their day-to-day efforts to keep us safe: for example, the police national database or other local systems. The police are able to use these systems to do simultaneous checks.

    I urge patience while we continue our rapid internal investigation and begin the recovery. I hope the House will appreciate that the task in front of us is a complex one. Public safety is the top priority of everyone working at the Home Office, and I have full faith that Home Office engineers, our partners in the National Police Chiefs Council and police forces throughout the country, with whom we are working, are doing all they can to restore the data. Although that is rightly our immediate priority, the Home Secretary and I have commissioned an internal review as to the circumstances that led to this incident, so that lessons can be learned. I will update the House regularly on the process. I commend this statement to the House.

  • Nick Thomas-Symonds – 2021 Comments on Priti Patel Refusing to Appear in Commons

    Nick Thomas-Symonds – 2021 Comments on Priti Patel Refusing to Appear in Commons

    The comments made by Nick Thomas-Symonds, the Shadow Home Secretary, on 18 January 2021.

    It’s shameful – and, frankly, embarrassing – for the Home Secretary not to come to Parliament today.

    It’s an abject failure of leadership and dereliction of duty not to grip a crisis that has seen 400,000 records deleted and criminals set to walk free.

  • Nick Thomas-Symonds – 2021 Letter to Priti Patel Over Home Office Data Loss

    Nick Thomas-Symonds – 2021 Letter to Priti Patel Over Home Office Data Loss

    The letter from Nick Thomas-Symonds, the Shadow Home Secretary, to Priti Patel, the Home Secretary, on 16 January 2021.

    Dear Priti,

    I write in regard to the deeply worrying revelations that 150,000 fingerprint, DNA and arrest history records, held on the Police National Computer, have been deleted.

    This is incredibly serious and it is unacceptable that the news emerged as a result of a media story, rather than a proactive statement from the Government.

    As a result, I expect that you will be making a formal Oral Ministerial Statement to the House of Commons on Monday 18 January 2021.

    There are grave issues posed by this situation. As a result, there are a number of vital questions that must be answered urgently:

    – When were ministers first made aware of this data breach?

    – Have local police forces been informed of potential impacts of their area and ongoing investigations?

    – What mitigating steps are being taken to retrieve lost data?

    – What measures have been put in place to identify the cause of the breach and institute safeguards to ensure such a mistake cannot be repeated?

    – Have conversations been held with policing to assess whether operations or investigations have been undermined, including on counter-terrorism?

    – What guidance has been issued to police and local authority safeguarding teams who often rely on data such as that deleted to manage risk?

    – Has there been an impact on the work of gang units and county lines operations?

    – Is there a breakdown available of the types of records that were deleted, including by crime type and geographical area?

    – Will this breach result in the need for DNA profiles to be regenerated?

    There have also been reports from police sources that warnings have previously been made about problems with PNC systems: can you confirm if this is the case and whether the issues raised related to these failings?

    It is vital that as Home Secretary you show personal responsibility and leadership on an issue as serious as this. Anything less is an abdication of responsibility.

    Public safety has been put at risk yet again by unacceptable incompetence. The reality is that these are not isolated incidents, but rather part of a pattern of deeply worrying mistakes at the Home Office under this Government’s leadership.

    I await your urgent response.

    Yours sincerely,

    Nick Thomas-Symonds MP

    Shadow Home Secretary

  • Priti Patel / Home Office – 2021 Statement on 150,000 Arrest Records Deleted by Home Office

    Priti Patel / Home Office – 2021 Statement on 150,000 Arrest Records Deleted by Home Office

    The statement issued by the Home Office on 15 January 2021.

    The technical issue with the Police National Computer has been resolved, and we are working at pace with law enforcement partners to assess its impact.

    The issue related to people arrested and released where no further action had been taken and no records of criminal or dangerous persons have been deleted. No further records can be deleted.

  • Nick Thomas-Symonds – 2021 Statement on 150,000 Arrest Records Deleted by Home Office

    Nick Thomas-Symonds – 2021 Statement on 150,000 Arrest Records Deleted by Home Office

    The statement made by Nick Thomas-Symonds, the Shadow Home Secretary, on 15 January 2021.

    This is an extraordinarily serious security breach that presents huge dangers for public safety.

    The incompetence of this shambolic Government cannot be allowed to put people at risk, let criminals go free and deny victims justice.

    The Home Secretary must take responsibility for this serious problem. She must – urgently – make a statement about what has gone wrong, the extent of the issue, and what action is being taken to reassure the public. Answers must be given.

  • Priti Patel – 2021 Comments on Appointment of Nick Herbert as the Chair of College of Policing

    Priti Patel – 2021 Comments on Appointment of Nick Herbert as the Chair of College of Policing

    The comments made by Priti Patel, the Home Secretary, on 14 January 2021.

    I welcome Nick as the new Chair of the College of Policing – he will bring with him a wealth of experience and knowledge of policing and the criminal justice system.

    The College of Policing plays a vital role in delivering the training that makes our police force the best in the world, and is playing a crucial role in the recruitment of 20,000 additional police officers.

    I would like to extend my thanks to Christine for her part in leading the College through the challenging demands on policing in 2020.

  • Priti Patel – 2021 Comments on Kay Richardson

    Priti Patel – 2021 Comments on Kay Richardson

    The comments made by Priti Patel, the Home Secretary, on 14 January 2021.

    I can’t imagine the pain and suffering of the families of victims like Kay Richardson, and I want them to know their voices have been heard. Victims and witnesses of the most distressing crimes – including domestic abuse and sexual violence – must be protected while allegations are investigated. It is my priority to deliver justice for victims and Kay’s Law will put victims at the heart of the bail system, empower police to ensure that suspects are closely monitored, and protect the public.

  • Robert Buckland – 2021 Statement on Leasehold, Commonhold and Ground Rents

    Robert Buckland – 2021 Statement on Leasehold, Commonhold and Ground Rents

    The statement made by Robert Buckland, the Secretary of State for Justice and Lord Chancellor, in the House of Commons on 11 January 2021.

    The Government are committed to promoting fairness and transparency for homeowners and ensuring that consumers are protected from abuse and poor service.

    Last week I announced the most significant set of reforms to how we hold property for at least 40 years and the beginning of even more fundamental change to English property law, through the widespread introduction of the commonhold tenure.

    To deliver this, we will bring forward legislation in the upcoming session to set future ground rents to zero. This will be the first part of seminal two-part legislation to implement reforms in this Parliament.

    Enfranchisement valuation and lease extensions

    In 2017 the Government asked the Law Commission to review the legislation on leasehold enfranchisement, with the aim of making it easier, quicker and more cost-effective for leaseholders to buy their freehold or extend their lease.

    The Law Commission have now completed this work and their findings are clear. Under the current system, too many leaseholders find the process for extending their lease or buying their freehold prohibitively expensive, too complex and lacking transparency. I am addressing this, addressing historic imbalance to ensure fairness for leaseholders, whilst taking account of the legitimate rights of freeholders. I will continue to ensure we meet this objective as we bring forward reforms.

    The Government will reform the process of enfranchisement valuation leaseholders must follow to calculate the cost of extending their lease or buying their freehold. Taken together these measures could save leaseholders thousands of pounds, depending on the remaining term of their lease.

    The Government will abolish marriage value, cap the treatment of ground rents at 0.1% of the freehold value and prescribe rates for the calculations at market value. The Government will also introduce an online calculator, further simplifying the process for leaseholds and ensuring standardisation and fairness for all those looking to enfranchise.

    Existing discounts for improvements made by the leaseholder and for security of tenure will be retained, alongside a separate valuation methodology for low-value properties known as “section 9(1)”. Leaseholders will also be able to voluntarily agree to a restriction on future development of their property to avoid paying “development value”.

    Leaseholders of houses can currently only extend their lease once at a “modern ground rent” for 50 years, compared to leaseholders of flats who can extend as often as they wish at a zero “peppercorn” ground rent for 90 years.

    I am confirming that the Government will give leaseholders of all types of property the same right to extend their lease as often as they wish, at zero ground rent, for a term of 990 years. There will continue to be redevelopment breaks during the last 12 months of the original lease or the last five years of each period of 90 years of the extension, subject to existing safeguards and compensation.

    We will also enable leaseholders, where they already have a long lease, to buy out the ground rent without the need to extend the term of the lease.

    Commonhold

    In 2017 the Government also asked the Law Commission to recommend reforms to reinvigorate commonhold as a workable alternative to leasehold, for both existing and new homes.

    Having closely reviewed their report, I am confirming I will establish a new Commonhold Council as a partnership of industry, leaseholders and Government that will prepare homeowners and the market for the widespread take-up of commonhold. I will start this work immediately, including considering legislation. I know this will take time and close working with consumers and industry, and the Commonhold Council will be the critical first step of this.

    Restricting future ground rents

    Finally, ahead of legislating to restrict future ground rents to zero for future leases, I am also confirming that this policy now also applies to retirement properties. Restricting future ground rents to zero is a basic matter of fairness and including retirement properties will ensure that those who live in retirement housing benefit from the same reform as other leaseholders.

    I do not see a compelling argument to exclude the elderly from this new protection, in fact, they deserve it more than most.

    In recognition of the previous announcement of the ground rent exemption in June 2019, and wishing to mitigate potential impact on these developers, commencement of this provision will be deferred and come into force (for retirement properties) 12 months after Royal Assent.

    This announcement is the beginning of a programme of historic leasehold and property reforms. This package is only part of Government’s response to the Law Commission’s reports. The Government will respond to the Law Commission’s remaining recommendations on enfranchisement, commonhold and right to manage in due course. We will translate these measures into law as soon as possible, starting with legislation to set future ground rents to zero in the upcoming Session. This will be the first part of major two-part legislation to implement leasehold and commonhold reforms in this Parliament.

    It is my ambition that together these fundamentally enhance the fairness of English property rights and be seen in the future as landmark reforms to the way we own homes.

  • Robert Buckland – 2021 Statement on the Whiplash Reform Programme

    Robert Buckland – 2021 Statement on the Whiplash Reform Programme

    The statement made by Robert Buckland, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 11 January 2021.

    I would like to provide an update on the whiplash reform programme.

    The Government remain firmly committed to the implementation of the necessary and proportionate measures set out in part 1 of the Civil Liability Act 2018 and the associated increase to the small claims track limit for road traffic accident-related personal injury claims.

    In my written ministerial statement of 21 April 2020, I spoke of the effect and impact that the covid-19 pandemic has had on the medical, legal and insurance sectors and the action that Government were taking to ease the difficulties caused by the outbreak. This included delaying the implementation of the whiplash reform programme to April 2021 in order to enable key sectors of this country’s business to focus on delivering their response to covid-19. This pause also allowed the Government to focus resource on the priority delivery of key justice services during the pandemic.

    Despite the challenges the pandemic has presented, the MOJ continues to work with the Civil Procedure Rules Committee to finalise the supporting rules and pre-action protocol. In addition, the MOJ’s delivery partner the Motor Insurers’ Bureau continues to make excellent progress on the build of the official injury claim service.

    I do however acknowledge the challenges experienced by all this year in the face of the pandemic. I said at the time of my April statement that the Government will continue to monitor developments in relation to the current pandemic and will, if necessary, make further announcements in regard to the implementation of these important reforms. So we have listened carefully to the concerns raised by stakeholders, in particular the need for as much notice as possible to take the necessary steps in anticipation of these reforms and to prepare their businesses for the changes to how small road traffic personal injury claims are managed. We understand the importance of industry preparedness and, after consideration, it is for that reason we have decided to allow an additional short period of time to further accommodate this. As such, we will implement the whiplash reform programme in May 2021.

    This is a sensible and pragmatic approach to take in order to achieve successful and effective implementation of the whiplash reform programme. Delivering these reforms remains a key Government priority and we will continue to work with stakeholders to ensure that all are sufficiently prepared for the new measures upon implementation.

  • Nicola Richards – 2021 Comments on Fairness and Belonging Role

    Nicola Richards – 2021 Comments on Fairness and Belonging Role

    The comments made by Nicola Richards, the Conservative MP for West Bromwich East, on 3 January 2021.

    New year, new Police and Crime Commissioner? Our current PCC thinks it’s acceptable to waste £74k a year on roles like this while he cries ‘government cuts’ as an excuse for unacceptable levels of crime in West Bromwich.

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