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Category: Criminal Justice

  • Anthony Browne – 2023 Speech on the Equipment Theft (Prevention) Bill

    Anthony Browne – 2023 Speech on the Equipment Theft (Prevention) Bill

    The speech made by Anthony Browne, the Conservative MP for South Cambridgeshire, in the House of Commons on 3 March 2023.

    I, too, congratulate my hon. Friend the Member for Buckingham (Greg Smith) on bringing forward this private Member’s Bill, and on his birthday as well—hopefully, seeing his Bill pass its Third Reading will be a fantastic birthday present for him. Like my various colleagues, I welcome the scope extension to include tradesmen and their tools, but I will concentrate my comments on the original rural focus of the Bill.

    Like my various colleagues, I have a rural constituency; I have many farmers in my constituency, and whenever I ask them what their key concerns are and how we can help, rural crime is always one of their top concerns. Indeed, just at the end of last year, I had a meeting with local farmers in the village of Abington Pigotts, which incidentally has a wonderful pub called the Pig & Abbot. Anyone who is in the area should visit that pub. There were 30 farmers there, and we were talking about rural crime. I did a little poll: I asked, “Who has experienced rural crime in the past year?”, and every single one of those 30 farmers stuck up their hand. Every single one had been a victim of rural crime in the past year.

    The police do their best. My hon. Friend the Member for Buckingham mentioned the hard work of the police, and I know they work hard in Cambridgeshire, but it is often very difficult to crack down on rural crime. As my hon. Friend the Member for North West Norfolk (James Wild) mentioned, urban crimes have a 25% higher enforcement rate than rural crimes. That is not just in South Cambridgeshire, obviously, but in all rural areas: when the Royal Agricultural Benevolent Institution did its big farming survey, 38% of farmers said that they had been victims of rural crime in the past year. Cereal farmers, who make up a large part of my farming community, are the hardest hit, with 51%—more than half—being victims of rural crime. As such, I fully appreciate and support the intent of the Bill.

    It is easy for people to dismiss the seriousness of rural crime; it is often seen as something that we do not really need to worry about. Quad bikes and ATVs, which are the focus of the Bill, are often viewed as leisure vehicles by many members of the public—they see advertisements for quad bike adventures, something that can be done in my constituency as well—but for farmers, they are serious working vehicles. Various hon. Friends have mentioned how dependent farmers are on their equipment to make a living. For farmers, those quad bikes and ATVs make them far more efficient when covering large areas; without them, they simply cannot do the work. Many farmers work on very tight margins, and having farm equipment operational makes the difference between making money for the year, enabling them to pay their wages, and losing money. Having proper, working farm equipment is crucial to people’s livelihoods. That is why agricultural machinery theft was reported to be a top priority for the police to tackle in the 2020 rural crime survey.

    Quad bikes and ATVs make particularly attractive targets. They are obviously transportable: a thief can load them on to a trailer or a lorry and whisk them away very easily. They often have poor security features that do little to deter those thieves. Their value on the second-hand market has increased recently, making them even more attractive as targets—that is because of the supply chain issues that make it quite difficult to order new ones, as we heard earlier. Currently, it takes three to six months to get a replacement vehicle, which is an incredibly long time for a farmer to cope without vital equipment.

    As such, I fully welcome the measures in the Bill to clamp down on this problem: they make a lot of common sense. Cars have had immobilisers on them for over 20 years, and it is time that ATVs and quad bikes followed suit. Immobilisers act as a significant deterrent by making vehicles much harder to steal. As my hon. Friend the Member for Buckingham mentioned, this is not just about making it easier to catch vehicles afterwards, but about deterring the crime in the first place.

    A vehicle register also seems like a natural step to take, as better record keeping will help put an end to the grey markets that the criminals tend to operate in. During my research for this speech, I came across the CESAR scheme—the construction and agricultural equipment security and registration scheme—which has a database of ownership and covert markings. That scheme has reported a 60% decline in thefts since it came into operation in 2008, and I hope this Bill will be the catalyst for a similar trend in quad bikes and ATVs.

    The Bill will save farmers much aggravation from the fallout and cost of theft. It will be good for police, because it will hopefully reduce the amount of work they have to do, and if there are cases of theft, they will be easier for police to track down and solve. It will also lead to a reduction in insurance premiums over time, which will be incredibly welcome for farmers while energy prices and the cost of living are so high.

    This and any Bill that tackles rural crime will always have my wholehearted support. We need to level up our response to crimes committed outside cities. I am glad to see that organisations such as the NFU and the Countryside Alliance, which I know are important in my constituency and elsewhere, fully support the Bill. I support it, and I hope it makes speedy passage through the Lords.

  • Ruth Jones – 2023 Speech on the Equipment Theft (Prevention) Bill

    Ruth Jones – 2023 Speech on the Equipment Theft (Prevention) Bill

    The speech made by Ruth Jones, the Labour MP for Newport West, in the House of Commons on 3 March 2023.

    I am pleased to be able to contribute to the debate. I congratulate the hon. Member for Buckingham (Greg Smith) on bringing the Bill forward and wish him a happy birthday— penblwydd hapus.

    The Bill introduces a number of solutions to the growing problem of the theft of quad bikes and other all-terrain vehicles. We know from the National Farmers Union that there are between 800 and 1,100 thefts of ATVs every year. Aside from the financial cost, which is bad enough, there is the issue of the physical replacement of these vehicles. That can take months and hampers the vital work that farmers do to feed us and provide other important things for our country; I am thinking especially of the hill farmers in north Wales, who are very hard hit by the theft of these sorts of vehicles.

    The introduction of these common-sense solutions—immobilisers, forensic marking and the setting up of a registration database—is so sensible. At the risk of incurring Mr Deputy Speaker’s wrath, I make a plea for the use of SmartWater, which is so important for not just farm vehicles but all items, to discourage and deter thefts and enable the police to return stolen items to their rightful owners very quickly. Forensic marking is so important.

    I do not mean to detain the House for too long. I am sure Members from across the House will join me in thanking the hon. Member for Buckingham for bringing this positive and proactive piece of legislation before the House today.

  • James Wild – 2023 Speech on the Equipment Theft (Prevention) Bill

    James Wild – 2023 Speech on the Equipment Theft (Prevention) Bill

    The speech made by James Wild, the Conservative MP for North West Norfolk, in the House of Commons on 3 March 2023.

    I, too, congratulate my hon. Friend the Member for Buckingham (Greg Smith) on reaching this stage, and I look forward to his Bill hopefully passing later today. I also wish him a happy birthday. The Bill makes important changes to prevent the theft and resale of equipment and tools that are essential to agricultural businesses in North West Norfolk and across the country. The Bill has a relatively limited initial scope aimed at preventing the theft of quad bikes and ATVs, but I was pleased, as my hon. Friend the Member for Aylesbury (Rob Butler) just referred to, that the Minister confirmed during Committee that the Government intend to extend the provisions beyond agricultural equipment to commercial tools as well.

    There is currently no legal requirement to fit immobilisers or forensic marking to machinery and equipment, although some manufacturers choose to do so on a voluntary basis. By addressing that gap, the Bill will help to reduce this type of theft. In addition, the Bill allows the Secretary of State to require records to be kept relating to equipment that has been sold and its buyers.

    Rural crime, in particular agricultural machinery theft, has a significant impact on my constituents. The proportion of suspects being charged for offences in towns and cities is 24% higher than in the countryside, and that imbalance must be addressed. Data published by NFU Mutual in its rural crime report of 2022 estimated the cost of rural theft to be £40 million, of which £5 million was in the east of England. Some £10 million was agricultural vehicle theft, but it is broader than that. Anyone who has watched the latest series of “Clarkson’s Farm” will have seen that it raised the issue of GPS devices being stolen regularly, and I hope the Bill will be extended to deal with that issue.

    The Countryside Alliance’s rural crime survey presented stark statistics, with 32% of respondents reporting having experienced agricultural machinery theft, making it the second most reported crime, just 3% behind fly-tipping. Unsurprisingly, the rural crime survey found that agricultural machinery theft was respondents’ top priority for the police to tackle.

    As we have heard, an estimated 900 to 1,200 quad bikes and ATVs are stolen each year, and this theft is damaging the livelihoods of farmers in my constituency and across the country. The cost of that theft is around £2.2 million. After a fall in the number of these thefts during the pandemic, for understandable reasons, they are now on the increase. Quad bikes and ATVs are essential to farming and land management, and have become a crucial piece of equipment to get around on a farm instead of using a tractor, whether that is to check livestock, move animals, move feedstock or set up fences, as well as many other uses.

    I welcome the fact that my hon. Friend the Member for Buckingham has consulted widely; he gave a long list of the organisations he has worked with to get the Bill to this position. I am confident from the evidence I have seen that regulations requiring immobilisers and forensic marking will lead to a substantial reduction in this type of theft. I noted with interest in the explanatory notes that the proportion of road vehicles with immobilisers fitted increased to 98% between 1993 and 2013, which led to a decline of up to 45% in such thefts.

    There is also a wider problem of tool theft. A report found that nearly four in five tradespeople had experienced tool theft, which is a striking statistic. While the financial cost of this theft is more easily quantifiable, it also has a damaging impact on people’s health and wellbeing.

    I represent a rural constituency, and I believe it is important to introduce the regulations on ATVs as soon as possible. The Minister has indicated that he wants to do so by Christmas. While I support the extension of the Bill’s provisions to cover more agricultural and other equipment, any extra time required to develop that extension should not affect the plan to have the regulations in place by Christmas. I commend my hon. Friend the Member for Buckingham for his important work on getting the Bill to this stage, and I look forward to supporting it this afternoon.

  • Rob Butler – 2023 Speech on the Equipment Theft (Prevention) Bill

    Rob Butler – 2023 Speech on the Equipment Theft (Prevention) Bill

    The speech made by Rob Butler, the Conservative MP for Aylesbury, in the House of Commons on 3 March 2023.

    It is a great pleasure to speak in this debate. I congratulate my hon. Friend the Member for Buckingham (Greg Smith), my constituency neighbour, on introducing this important Bill, to which I am pleased to have contributed in Committee. It will be a fitting birthday present for him if it passes Third Reading today.

    The Bill sets out much-needed changes that are straightforward, practical and will, as my hon. Friend says, no doubt help to reduce rural crime. From visiting farms in my constituency, I know how much the theft of machinery concerns farmers and the increasing impact it has had over the past few years. Indeed, the Countryside Alliance’s 2022 rural crime survey, which had more than 2,000 responses, underlines the extent of the problem, with 15% of respondents reporting having experienced the theft of agricultural machinery in that one year alone. Machinery theft was second only to fly-tipping.

    As my hon. Friend says, it is no exaggeration to say that farmers depend on their machinery for their livelihood. Deprived of that equipment, farmers are simply unable to work as efficiently, and their ability to generate revenue is diminished. Not only that, but there is the costly, slow and sometimes stressful process of replacing the stolen machinery. It is crucial that farmers are given support to deter criminals from stealing their machinery and, in particular, the all-terrain vehicles specified in this Bill. It is crucial that farmers are given support to deter criminals from stealing their machinery and, in particular, the all-terrain vehicles specified in the Bill.

    It is worth noting that demand for ATVs has grown recently at a rate that has outstripped the readily available supply. That, of course, increases the incentive for those with criminal intent, because they know they will be able to sell what they steal. The National Farmers Union has reported that members are having to wait three to six months to obtain one of these vehicles. That means the vehicles are especially lucrative because not only are they highly sought-after and easily portable, but there is a ready resale market in this country and, indeed, abroad. NFU Mutual’s annual rural crime survey stated that quad bike and ATV theft amounted to £2.2 million in 2021, which is not an insignificant sum.

    Most of us will know from our own experience with cars that immobilisers are a tried and tested deterrent. When affixed to ATVs, they make them more secure. Their value is clear: since 1992, all new cars in the UK have been built with an immobiliser and, in the following 30 years, vehicle theft plummeted by an incredible 43%. While other factors may have contributed, data produced by the Home Office demonstrated a strong correlation between the increased fitting of immobilisers and the reduction in stolen vehicles. In the light of that, the standardised fitting of these devices on all new-build ATVs and the retrofitting of them to other vehicles prior to sale could prove to be a relatively cheap and highly effective approach.

    My hon. Friend the Member for Buckingham has had the foresight in his Bill to consider not only the prevention of theft, but, where that sadly fails, the recovery of ATVs that have been stolen. The forensic marking he described should enable police forces to identify the ATVs they recover and more easily return them to their rightful owners. Furthermore, requiring sellers to record details of the sale, including information about the vehicle and the buyer, is key to the success of the Bill’s aims and provides an appropriate audit trail.

    I am pleased to hear that my right hon. Friend the Policing Minister is considering extending the Bill’s provisions, as and when appropriate, to go beyond ATVs and include other equipment and commercial tools—a subject that was much discussed in Committee. Tool theft regularly afflicts an array of trades beyond farming, such as roofers, electricians and plumbers. Presently, the second-hand tool market is unregulated. That means that sellers have no obligation to prove the origin of their items or even to evidence the original purchase. It has been argued quite understandably that this encourages and facilitates the theft of tools. As with farmers, not only is the loss of equipment an immediate financial loss for tradespeople; it prevents them from working and can disrupt the schedule of their building projects, causing frustration to them and their customers.

    The help that my hon. Friend’s Bill provides is necessary and timely. It is not right that security is such a significant concern for many farmers. The provision of immobilisers, forensic marking and recording of the sale of ATVs will reduce the likelihood that they will fall victim to this crime, which, as I have outlined, has an impact well beyond the immediate loss of the vehicle. I applaud my hon. Friend for the work he has done. I am absolutely confident that farmers in my constituency, as well as his, and across the entire country would benefit from this legislation. I look forward to his Bill making its way on to the statute book as soon as possible.

  • Greg Smith – 2023 Speech on the Equipment Theft (Prevention) Bill

    Greg Smith – 2023 Speech on the Equipment Theft (Prevention) Bill

    The speech made by Greg Smith, the Conservative MP for Buckingham, in the House of Commons on 3 March 2023.

    I beg to move, That the Bill be now read the Third time.

    Throughout the Bill’s passage so far, I have sought to make the case for what is essentially a very simple idea, but one that could potentially have a huge impact on the people and businesses up and down the land who suffer so badly when the equipment that they need to go about their business is stolen. This applies predominantly to quad bikes and all-terrain vehicles, which are specified in the Bill, but secondary legislation would enable the Bill to be expanded to cover other equipment such as tradespeople’s tools.

    When such equipment is stolen, it is not just a minor inconvenience. It is not just a case of saying, “Well, we will go down to the shops, or go on Amazon and order another.” Thefts such as these can put people out of work or out of business for days, weeks or even months, with considerable costs to meet before the insurance is paid—or indeed, in some cases, if it is paid. I am confident that the provisions in this Bill to demand that immobilisers are fitted to all new quads and all-terrain vehicles at point of sale and that forensic marking—of a standard that will make a significant difference—is applied to those pieces of machinery will, first, deter would-be criminals from stealing them in the first place and, secondly, give our hard-working police officers up and down the land a meaningful tool to be able to say, “We know where that piece of equipment came from. We know where it was stolen from. We know who the rightful owner is.” That will enable them not only to return it to the rightful owner, but, more significantly, prevent its resale, taking away the point of anybody’s wishing to steal it in the first place. Let us be honest: the thieves of quad bikes, machinery and equipment are not stealing those things to use them. They are not using the quad bikes to round up sheep anywhere; they are not stealing power tools to do some DIY at home. They are stealing that equipment to sell and monetise it, and if they cannot do so because of the forensic marking upon it, they will not steal it in the first place.

    The genesis of this Bill was a community Facebook page in my Buckingham constituency, following a spate of thefts from trades vans in the town. Local people put their heads together and came up with the idea for a mechanism to disincentivise the resale of stolen goods, starting with trying to set up a national database of serial numbers. Over the months since I was lucky enough to be drawn in the private Member’s Bill ballot, I have worked closely with the police and many others to work out how we can make such a mechanism work. I give a lot of credit and thanks to Superintendent Andy Huddleston, a Northumbria officer who is the national lead on rural crime.

    Through consultation with police forces, including my own home force in Thames Valley, where Superintendent Hutchings leads the rural crime taskforce, with other police officers, the National Farmers Union, the Countryside Alliance, the Country Land and Business Association and many farmers in my own patch, as well as the manufacturers and the organisations representing them, we came up with what I hope is a consensual set of measures that will make a difference. We have shaken down all the things that could get in the way; for example, the original idea of serial numbers was quickly dismissed, because for many manufacturers those serial numbers are not unique. Instead, we opted to put everything into forensic marking and to include measures on immobilisers specific to quad bikes.

    Those less familiar with rural communities might ask, “Is this such a huge priority?” I must say categorically that it is. Quad bike thefts have been running at between 800 and 1,100 per year in recent years. Conferring with the police earlier today, I reconfirmed some of the latest figures. Let me give a comparison: in January 2022, across the country, 52 quad bikes were stolen, but in January this year that number was up to 78. The numbers for larger machinery, particularly agricultural machinery, are even more frightening: in January 2022 there were 29 thefts of large machines, but in January 2023, I am afraid the number was up to 131. In February 2022 it was 19, but in February this year it was 122.

    Such theft is a considerable problem for rural communities across the whole of our United Kingdom; NFU Mutual, which insures the vast majority of agricultural machinery in the country, has released figures suggesting that it paid out approximately £2.2 million on agricultural thefts in 2021 alone. Likewise, the Countryside Alliance’s rural crime survey shows that 43% of respondents had been the victim of rural crime, with 32% of them saying that the crime was the theft of equipment.

    Equipment theft is a huge problem that we have to tackle, and this framework Bill gives my right hon. Friend the Minister the ability in secondary legislation to define the forensic marking standards that are needed and, indeed, to expand forensic marking to equipment types beyond quad bikes, ATVs and side-by-sides. I am confident that this will make a massive difference by preventing crime and ensuring that people who rely on such equipment to go about their daily business, be that farming, food production or another trade, have much greater confidence that their equipment is safe and will be there when they start work.

    I understand there is some criticism that the cost to the end user will be an additional burden but, given that forensic marking costs between £20 and £30 per product and an immobiliser fitted at the point of sale, rather than in the factory, costs between £70 and £100, the cost of ensuring that equipment is safe and has less chance of being stolen is not very high at all, particularly when we factor in the expected reduction in annual insurance premiums for such products, which many in the industry inform me will more than offset the initial cost of this measure at the point of purchasing a new quad bike, a new tractor GPS unit or whatever equipment it might be.

    The police say the Bill will make a huge difference and, having grown up in a police family, I put an enormous amount of trust in our police. I want to ensure that the professionals who go out each day to keep us and our property safe have every power, resource, law and regulation they need to deter would-be criminals, and to bring to justice those who commit crime. I have great confidence that this Bill will do that.

    I am grateful to the Minister for supporting the Bill’s passage so far. Likewise, I am grateful to the Opposition for supporting it on Second Reading and in Committee. I hope that spirit of co-operation will continue under the new shadow Minister, the hon. Member for Aberavon (Stephen Kinnock). With the support of colleagues, I look forward to the Bill passing and going to the other place before finally, I hope, becoming an Act.

  • Michael Tomlinson – 2023 Statement on the Sentencing of David Carrick

    Michael Tomlinson – 2023 Statement on the Sentencing of David Carrick

    The statement made by Michael Tomlinson, the Solicitor General, on 3 March 2023.

    David Carrick’s crimes were abhorrent, and the scale of his offending over so many years, and against so many women, will stay in our minds for years to come.

    The fact he acted with apparent impunity – as though his status as a serving police officer made him untouchable – is a particularly disturbing factor.

    Because of the strong feelings this case evokes, it came as little surprise that I received so many referrals under the Unduly Lenient Sentence scheme to consider the term of 32 years minus time served handed to Carrick .

    I have received full and detailed legal advice and considered the issues raised very carefully and concluded Carrick’s case cannot properly be referred to the Court of Appeal.

    Such a referral can only be made if the legal test is met, irrespective of the seriousness of the offending or the emotions the offending may evoke in all of us. But my duty as a Law Officer in considering whether sentences may be unduly lenient is to act quasi-judicially and independently of government, even when it is not easy or popular.

    At sentence, Mrs Justice Cheema-Grubb described the “irretrievable devastation” Carrick has wrought on the women who were victims of his sickening offences, and I am satisfied that she gave careful and detailed consideration to all the features of this case. These include the seriously aggravating factor that David Carrick was a serving police officer and the impact of his horrendous crimes on public confidence in policing, particularly in relation to cases of rape and sexual violence.

    She also had to consider the guilty pleas that were entered by David Carrick and the reduction in sentence guilty pleas attract.

    The threshold for referral is a high one, and that was not met in this case. It is only met if the sentencing judge made a gross error or imposed a sentence outside the range reasonably available in the circumstances of the offending.

    My thoughts remain with the offender’s victims, and everybody affected by his despicable acts.

  • Robert Neill – 2023 Speech on the Independent Public Advocate

    Robert Neill – 2023 Speech on the Independent Public Advocate

    The speech made by Robert Neill, the Chair of the Justice Committee, in the House of Commons on 1 March 2023.

    I pay tribute to the right hon. Member for Garston and Halewood (Maria Eagle), a fellow member of the Justice Committee, for the work she has done, and to the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May).

    The former Prime Minister’s point about the risk of cover-ups by those in authority is an important one. That is why, while I very much welcome what the Secretary of State has said—it is an important step—I hope that when engaging on how best to refine and advance these proposals, he looks again at the Justice Committee’s recommendation that there should be an extension of legal aid availability. Although the situation has already improved, we should be extending non-means-tested legal aid to all cases where there are mass fatalities, or where public bodies are potentially at fault. It is not fair—there is no equality of arms—when those public bodies are represented by teams of lawyers, but the bereaved families have to rely on sometimes getting legal aid and sometimes not, or on pro bono representation. Equality of arms would surely mean representation as a matter of right in those cases.

    Dominic Raab

    I thank my hon. Friend, the Chair of the Select Committee. I think that this policy will create stronger advocacy on behalf of the bereaved, the victims and the families, and having panels with the right expertise, range and status will go a long way towards getting the answers.

    Again, I understand the point about compulsion of evidence. There is not a theological objection to it, certainly as far as I am concerned: it is a question of reconciling competing powers when an inquiry is set up. I will, of course, look at the Justice Committee’s report and recommendations on that issue. In general, of course, inquiries are not supposed to be adversarial, which is why the rules in relation to legal aid are as they are, but we will look at this and work with colleagues in all parts of the House as we introduce these important clauses.

  • Maria Eagle – 2023 Speech on the Independent Public Advocate

    Maria Eagle – 2023 Speech on the Independent Public Advocate

    The speech made by Maria Eagle, the Labour MP for Garston and Halewood, in the House of Commons on 1 March 2023.

    I welcome the fact that the Government want to legislate for a public advocate, five years after the consultation that they undertook closed, but I am very disappointed with the provisions as the Secretary of State has set them out. His proposed public advocate would not be independent, would not be a data controller, and would not be able to act only at the behest of families. It would be directed by the Secretary of State. It would not have the power to appoint independent panels such as the Hillsborough independent panel—but at a much earlier stage following a disaster than the 23 years it took us to get that report out—and it would not have the power to use transparency to get at the truth at an early stage and torpedo the cover-ups that public authorities set about undertaking in the aftermath of disasters. This must be something that the families themselves can initiate and use to get at the truth at an early stage.

    The public advocate having the power to compel—to produce documentation and shine the light of transparency on what public authorities have done in the immediate aftermath of a disaster—would stop cover-ups. It would mean people not still having to fight to get at the truth 34 years later. That prize is within our grasp if we set this up right, so does the Secretary of State accept that if he does not beef up his proposals significantly, he will be missing an important opportunity to stop things going wrong for families? For what it is worth, I am perfectly willing to indicate to him in detail quite how those proposals ought to be improved.

    Dominic Raab

    I thank the right hon. Lady for her question. She has worked tirelessly on this issue, and we have very good engagement on it; I am happy for that to continue. I take her point about the power of initiative. The families of the bereaved will have a power of initiative through consultation, but if there are conflicting views—something that I have seen before at first hand—the Government will have to reconcile those views in the last analysis.

    Secondly, on the point about data, I am happy to keep listening and working on this issue, but if we have an inquiry that has powers to compel evidence of its own, the problem will be how we reconcile those powers where they are competing in a process. But as I have said, it is important that we bring this policy forward. There will be full scrutiny of it, and as we develop the clauses, I am very happy to keep working with the right hon. Lady.

  • Theresa May – 2023 Speech on the Independent Public Advocate

    Theresa May – 2023 Speech on the Independent Public Advocate

    The speech made by Theresa May, the former Prime Minister, in the House of Commons on 1 March 2023.

    I thank my right hon. Friend for bringing this statement to the House today and welcome the decision to introduce an independent public advocate, which was of course a commitment in our 2017 manifesto. However, as I am sure my right hon. Friend will understand, I want to ensure that this body will meet the ambition of the commitment that we made in that manifesto. I am happy to work with him to do that.

    For today, though, could my right hon. Friend please just go back to two particular issues? One is the question of whether the families, victims and survivors will be able themselves to initiate the independent public advocate, so that they are not relying on the Government to do that for them. Certainly, in the case of Hillsborough, it was the fact that the state and state authorities shut their doors to people that led to the 34 years’ wait for any answers for the families. Also, in line with that, will my right hon. Friend ensure that the IPA is able to compel the provision of information and evidence to the families? He is assuming that an inquiry will always take place, but that might not be the case. It is essential that the families have answers to their perfectly reasonable questions.

    Dominic Raab

    I thank my right hon. Friend and pay tribute again to her for her campaigning and advocacy on this issue. On the right of initiative, the Government will ultimately have to decide the shape of any IPA that is set up. The right of consultation is clearly set out, but of course, one of the challenges will be where different views are expressed as to how the IPA should be configured for a particular inquiry. Ultimately, where there are differences, the Government will have to try to reconcile those, so in committing to an IPA, I think it is right to allow the Government to engage and to allow the victims, the bereaved and the families the power of initiative to call for an IPA and make their representations, but to allow the Government to decide the precise configuration of that IPA.

    I listened very carefully to what my right hon. Friend said about the compulsion of evidence. As I said before, I am very happy to engage with her and with other hon. Members as this policy comes forward. I take her point that an inquiry may not be set up, but where one is set up, the piece that we need to reconcile is making sure that we do not have conflicting powers. But again, I am very happy to work with my right hon. Friend on the detail of this policy and, in due course, on the clauses.

  • Steve Reed – 2023 Speech on the Independent Public Advocate

    Steve Reed – 2023 Speech on the Independent Public Advocate

    The speech made by Steve Reed, the Shadow Lord Chancellor and Shadow Secretary of State for Justice, in the House of Commons on 1 March 2023.

    I thank the Secretary of State for advance sight of his statement. For decades, the Hillsborough families fought for justice and for the truth about how 97 innocent children, women and men were unlawfully killed in wholly avoidable circumstances. They faced a cover-up by public authorities that hid the truth and blamed the victims. Those brave families did more than seek justice for their loved ones; they sought to shine a light on what had gone so tragically wrong, because that is how we learn how not to make the same mistake again, but it should never have taken more than three decades.

    I was in Sheffield on that fateful day in 1989, just a mile or so from Hillsborough, with a junior doctor friend who was called back to the hospital to treat the victims and deal with the aftermath, so I vividly remember the horror of what we heard unfolding from the football stadium. I pay tribute to those families for their long struggle for justice and to those who have spoken up for them, notably: my right hon. Friend the Member for Garston and Halewood (Maria Eagle); my hon. Friend the Member for Liverpool, West Derby (Ian Byrne); the former Prime Minister, the right hon. Member for Maidenhead (Mrs May); Lord Wills; and the Mayor of Manchester.

    Today is a chance to balance the scales of justice and give those victims the voice that they need and the power to make it heard, but it is a chance that the Government have missed. Their proposals do not go far enough and will be too weak, as they stand, to prevent future cover-ups. The public advocate needs to be a fully independent, permanent figure that is accountable to the families, not a panel of advisers appointed as a signposting service by the Government if they see fit.

    It is critical that the public advocate has the full power of data controller, not just the power to make representations, as we heard from the Secretary of State. That means having the power to access all data, communications, documents and other information to torpedo cover-ups before they even happen. We know from the Hillsborough Independent Panel that the existence of such powers would be a massive deterrent to future cover-ups.

    Will the Secretary of State reconsider and establish a fully independent public advocate? Will he agree to give it the full power of data controller from the start? That matters immensely because without control over the data that can expose the truth, there can be no transparency, and without transparency, there can be no justice. How many more tragedies will it take to wake the Government up? How many more lives need to be lost?

    Labour is committed to real change. In government, we will establish a fully independent public advocate that is accountable to survivors and victims’ families. We will arm it with the power it needs to access documents and data to expose the truth about what went wrong, and, importantly, to stop cover-ups before they happen. That will be part of a Hillsborough law with teeth that will also give victims’ families access to legal aid and impose a duty of candour on public officials. We will do that because we believe that victims must be at the heart of the justice system and that they must have a voice and the power to make it heard, and because we understand that a system that fails to learn from its mistakes is doomed to repeat them.

    Dominic Raab

    I thank the hon. Gentleman for his partial welcome of the announcement. I listened carefully to what he said. We share, and I personally share with him, the commitment and desire to set up the most credible advocacy for the bereaved, the victims and the families. I am very happy to work with him and hon. Members on both sides of the House on the detail, but I do not accept his characterisation.

    The hon. Gentleman said that the IPA was not independent, but in fact it will be decided on the basis of consultations with the victims and the bereaved. That must be right to make sure that we have the right range of experts to deal with the particular circumstances of the tragedy in question. It would act on their behalf; it would not act on behalf of the Government.

    The hon. Gentleman has referred to data controller powers. I understand exactly the point he makes, and as I said in my statement, it is important that there will be consultation with the families. The IPA will be able to consult with a putative independent inquiry, but the hon. Gentleman has to recognise that the independent inquiry will have many of those powers itself. Therefore, how would he reconcile that with duplicated powers in the IPA? However, this is something that we should talk about—I know it is an issue that has been raised by the right hon. Member for Garston and Halewood. We want to get this right, but what we risk is a conflict of functions, which is something we would all want to avoid.

    The hon. Gentleman also mentioned other measures, such as the duty of candour. That is a broader issue for the Government’s response to the wider Hillsborough report, which is expected in the spring. I know it has been a long time coming, but it is right to deal with those broader issues. Although the IPA is only part of the redress and the accountability, I felt that we were in a position to not just bring forward the policy announcement but in due course, very shortly, to be able to say something about the legislative vehicle. Because this is such an important issue for the bereaved, the victims and the families, I felt it was right to do that now, not wait any longer.