Kit Malthouse
MP for North West Hampshire · Conservative · United Kingdom
“We have heard time and time again that the situation that thousands of our constituents live with every single day is so horrific and appalling that even the best palliative care cannot alleviate their pain. I urge colleagues to consider what their vote may mean today.”
“I will not. Some of those Members had just a few months before been specifically rejected by the electorate and replaced in this House by others, and I am afraid that they cannot be trusted not to do the same thing again. I grant my right hon.”
“The Health and Social Care Committee of the House of Lords found that in territories that have assisted dying, palliative care generally improves, because people become less afraid of talking about death.”
“One of the most affecting people I have met over the last 11 years of campaigning on this issue is Warwick Jackson, who came to our party conference a couple of years ago. Warwick’s wife, Ann, was diagnosed with terminal peritoneal cancer. She basically knew that she was going to die a slow, suffocating death at the end.”
“I respect my right hon. and learned Friend’s expertise in this matter, but, as he has already heard on the Floor of the House, it is perfectly possible for this House to suggest amendments, negotiate them with the promoters of the Bill, place them against the legislation in the House of Lords and then have them come back to this House for…”
“As co-sponsor of the Bill once again, I am acutely conscious that there is more at stake today than merely the fate of those who are facing their end, because the conduct of the other place means that our democracy is also on trial today.”
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“I am absolutely willing to accept responsibility for systemic failures across the whole of policing where they occur. I do not know whether the hon. Lady was in the House at the time, but she will have heard me apologise profoundly for the problems we have seen in rape investigation over the past decade, for example, and put a plan in place to sort that out. Happily, that plan is showing early signs of improvement. What is really depressing about this exchange is the unwillingness of the Opposition to accept that even a shred of responsibility or accountability should attach to City Hall, notwithstanding the fact that in law and in truth the Mayor of London is the primary accountability mechanism.”
“First, I am happy to hear my hon. Friend celebrate the work of the many thousands of men and women in the Metropolitan Police Service who are out there today keeping us safe. We should never forget them, and they will be as disappointed by the events of the past 24 hours as the rest of us. They will turn their shoulders and their efforts to improving things, alongside their colleagues, and I look forward to working with them in doing that. He is right that the Mayor was pressing for an extension.”
“My hon. Friend makes a strong point. Although, as I am sure she will accept, on occasion police officers need to strip-search young people of all genders, that must be done within the law and appropriately. She will know that an inquiry is ongoing under Dame Louise Casey, looking at the culture of the Met and particularly these issues, and the Home Secretary has commissioned an inspection of the investigation of policing and violence against women and girls across the whole of UK policing. The conclusion of those, plus part 2 of the Angiolini review, will inform our work in this area, and I look forward to keeping her posted on progress.”
“Gentleman looks at the papers he will find that it was a letter from me to the then Home Secretary that stimulated the meeting that resulted in the inquiry.”
“Obviously the decision on the Commissioner of the Metropolitan Police is for the Home Secretary, who will advise Her Majesty on making the appointment in consultation with the Mayor of London. Just on two of the hon. Gentleman’s substantive points, first, I fought hard for resources for the Metropolitan police when I was deputy mayor for policing. In fact, we managed to maintain police officer numbers, such that it is starting from a very high base with the uplift, meaning that the Met now has the highest number of officers it has ever had in its history. That is not true of all forces across the country, because of decisions made by the police and crime commissioners. If he looks back at the record, he will see that I was successful in winning resources. As for the Daniel Morgan investigation, if the hon.”
“My hon. Friend and I were London Assembly Members together, although he continued under the Labour Mayor and I never had that sad experience. He is right that a peculiarity of the Mayor’s term has been the seeming willingness to step away from the issues assailing the capital, rather than step into them. When we were elected to City Hall, we faced a similar spate of knife crime and teenage killings, and we stepped into that without reservation—some would say at enormous political risk. I hope that the current Mayor will take the political risk required to step in and sort out this issue for my hon. Friend’s constituents and those of many other hon. Members. As I said, following the work required to get the Met into shape over the next few months and years, we will have to consider what we should do further about the structure.”
“The hon. Lady is right that a strip-search should not take place without the presence of an appropriate adult. I am sure she is aware that, notwithstanding the case of Child Q, the Met has now made other referrals to the IOPC. She raises a good point. I have asked questions internally in the Home Office about what more we can do to ensure that the rules are being adhered to.”
“My hon. Friend makes a strong point about our shared responsibility to support not only the police officers who do a brilliant job every day, but those who they seek to protect, and I agree. As I said earlier, if Sadiq Khan is not primarily responsible, I am not sure why he stood for election or why crime even featured on his election literature—I ask myself whether it will at the next election. He is absolutely the primary point of responsibility and he must step forward to take that mantle.”
“My statement may not have met with his approval, but the reason is that I feel incredibly strongly, having done that job before. I represented parts of central London for a significant proportion of my adult life and I feel it personally that the failure of governance, as well as leadership in the Met, has to be called out as well.”
“Obviously, the murder of the Smallman sisters was an appalling act that shocked the entire nation. Although it took a couple of years for the officers to be punished, they were in the end. There have been problems over the years with the speed of the police disciplinary process. I am sure the hon. Gentleman will acknowledge that police officers are entitled to due process, as everyone else is, but I hope he will also recognise that we have put measures in place to ensure that IOPC inquiries happen as swiftly as possible. On the hon. Gentleman’s point about racism, I hope he will have seen that the National Police Chiefs’ Council has published its national race action plan and we are supporting its prosecution of that change programme. I am sorry about his opening comments.”
“My hon. Friend is right that, sadly, the issues that we saw in Greater Manchester police have been reflected again in London. In the end, as my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) said, the solution is leadership. I was pleased to be able to assist the Mayor’s office in Manchester to find a great leader for Greater Manchester police, who I know is driving forward a programme of change and progress that Mancunians will be feeling on a daily basis on the streets. We must now find a great leader for the Met who can reproduce that here in London.”
“I am sorry that the hon. Lady feels that way. Certainly, when I was at the Met police, we did a lot of work to examine the problems with the culture. In fact, I instituted a race and faith inquiry at the Metropolitan Police Authority to look at exactly the issues that I know trouble her, as they have many people over the years. With a large organisation such as the Metropolitan police, that area requires constant attention. My sadness about the exchanges today is that no Opposition Member has once yet recognised the responsibility of the Mayor of London. If he is not responsible for policing and crime in London, I am not sure what he is doing in the job.”
“I have seen both those stories; I cannot comment on the first one. On the second one, we are looking into those statistics carefully. Of course, now that we do not take into account when burglars stand up in court and say, “I plead guilty but I would like 120 other offences taken into account,” we are not necessarily sure whether we have caught the burglar in another area and have therefore solved the burglary. As my hon. Friend will know, last year we published the “Beating crime plan”, which has a chapter on “Excellence in the basics” and was specifically designed to drive forward the efficient and effective investigation of offences such as burglary.”
“In particular, the acting commissioner, who I know is a man of honesty and integrity and who has had a fantastic career in policing—he has put many villains behind bars and kept millions, unknowingly, safe in their beds at night—deserves our support as he drives forward the undoubted changes needed at the Metropolitan police.”
“Well, bravo to the hon. Gentleman—bravo! That is exactly the right sentiment. There are thousands of police officers out there every day who, if something happened to any of us, would run towards us to assist us. They get up in the morning and do their job to the best of their ability with integrity and honesty, and we should recognise that that is the case. May I also say a word for the leadership of the Metropolitan police, who I know will be battered and bruised by the report today? I was heartened by their dignified statement following the issuing of this report, and I know that they will bend every sinew to bring in the changes that are required.”
“On the hon. Gentleman asking for something concrete, I, for example, specifically changed the remit of the inspection regime away from pure process and efficiency towards crime fighting. It was the case that, until a couple of years ago, the police could get an astounding report from the inspectors while their crime performance was still poor. That is now not the case, and we are seeing these results coming through as the inspections start to land.”
“I will give the hon. Gentleman one thing, but I understand, and this seems to be a tactic by Opposition Members, that their deflection comes with, “Oh, this is a disgrace!” I really wish that somebody had acknowledged the role of City Hall, with 145 staff and a Mayor’s Office for Policing and Crime. What on earth do they think they are for if it is not for this? In all honesty, if they represent Londoners and they think the Mayor’s Office for Policing and Crime has done its job in this case, then we are in a whole world of pain that we do not need. I realise that they are attempting all sorts of deflection, but I have to tell them that if I had been doing the job, I would not have allowed that deflection to take place, and I have to tell them that if it had been a Conservative in that job, I would have said exactly the same things.”
“Further to that point of order, Madam Deputy Speaker. It is certainly the case that the statement was moving with some fluidity over the last hour or so. I am sorry if it did not make it through in its completed terms. I did add a number of items myself at the end. It should come as no surprise that the approach in the statement was being discussed between us and the special advisers. In future, if there are late changes, I undertake that I will issue a late version of the statement that includes all of my remarks.”
“On a point of order, Mr Deputy Speaker. Earlier today, during my statement on the Met police, there was an exchange about the prior notification of the contents of my statement to the Opposition. On reviewing the fast-moving events of the morning, it was clear that we could have sent an updated copy to the hon. Member for Croydon Central (Sarah Jones), which would have contained some but not all of the amendments I and others had made. In that regard, my comments were not completely accurate. For that, and the associated discourtesy, I apologise to you, to the hon. Lady and to the House, and undertake that there will be no repeat.”
“However, we are committed to ensuring that all eligible offenders who did not complete their community payback because of covid-19 will be required to meet their hours. The hon. Member for Lewisham West and Penge, on whom I wanted to intervene, seemed to indicate that hours had been written off from community sentences. She may not be aware of this, but we are not able to write off community sentence hours as that is entirely a judicial decision. We have undertaken to present every single case where somebody goes over their 12-month requirement period back in front of a judge for them to take a decision—to extend the time limit, we hope, but at the very least for those people to complete their hours.”
“Having said that, I am pleased to celebrate the work that has been done on community payback, particularly over the last year as it has roared back into life, and to take the opportunity to pay tribute to the outstanding work of our operational staff across England and Wales, who, in spite of a huge number of challenges, have continued to deliver projects day in and day out. The community payback requirement is of course delivered in groups, sometimes indoors—painting and decorating schools for example—and covid-19 had a severe impact on our ability to deliver. I am afraid that resulted in a backlog of cases where hours have not been met 12 months after sentencing, which is a stipulation of the requirement.”
“Member for Hackney North and Stoke Newington (Ms Abbott), said that community payback “has nothing to do with tackling crime”. She accused us, in promoting community payback, of “stigmatising” certain sections of the community. She called our desire to have more community payback teams out in the community, doing exactly the kind of work that the hon. Member for Lewisham West and Penge now seems to celebrate, a “distasteful gimmick”, as did, at the same time, the now shadow Foreign Secretary, the right hon. Member for Tottenham (Mr Lammy). So while I welcome the hon. Lady’s conversion, it is the cause of some confusion. Perhaps we are in happier, more Blairite times in the Labour party now, under new leadership, although how long that will last I do not know.”
“I rise both perplexed and pleased to respond. First, I am perplexed because, in seven years in this House, I do not think I have heard quite such a series of distortions of events, or indeed such a naked use of a global pandemic to derive political advantage. I know that when the hon. Member for Lewisham West and Penge (Ellie Reeves) goes to tweet or Facebook the clips of her being outraged in this debate, she will point out—to her, no doubt, small number of viewers in Lewisham West and Penge—that the pandemic had an impact on the whole of the country, not least the criminal justice system. I am also perplexed at the sudden reversal in the Labour party’s view of community payback. It was only a year ago that the former shadow Home Secretary, the right hon.”
“We are boosting our delivery capacity and maximising our efficiency, and to do that we are investing an additional £93 million in community payback over the next three years.”
“They have included a range of robust and practical tasks such as producing hats and scarves for Ukrainian refugees and making face masks and personal protective equipment during the pandemic. I am sure the hon. Lady would not see those jobs as any less valuable than cleaning up a churchyard. Those projects are still being deployed in a limited and targeted way to support our recovery and will be phased out by the autumn. We cannot shy away from the fact that the probation service and community payback were, like the rest of the country, deeply impacted by the pandemic. As a result we have built up a backlog of cases and we need to make sure those and future cases are all delivered within 12 months.”
“We in this part of the United Kingdom took a completely different decision, recognising the importance of sentencing both to victims and for rehabilitation and punitive purposes, so we are persisting. That does however mean that we have a backlog, but also that we had to develop some necessary solutions to make sure sentences were delivered despite social distancing regulations. The independent working projects, which the hon. Member for Lewisham West and Penge mentioned, were introduced as a temporary delivery method in response to covid-19 restrictions and have enabled us to maximise delivery during the pandemic and as the probation service recovers from the impact of the pandemic. All the products created by offenders during these projects were for the benefit of the community or for local charities.”
“I salute my hon. Friend for doing his civic duty as a magistrate and he is right that these decisions are effectively for the independent judiciary and we are very limited in what we can do in terms of flexibility. My hon. Friend also rightly highlights that we regularly take those who fail to complete their community service requirement in front of judges for alternative sentencing or for reaffirmation of the sentence. I hope my hon. Friend made the right decision when sitting as a magistrate; I am sure he will have done. In stark contrast, our brethren in Scotland decided, other than in certain cases, to write off 35% of the hours accumulated because of the covid-19 backlog.”
“The ramp-up will be facilitated by the recruitment of about 500 additional community payback staff who will bolster resources in every probation region. In January, we launched a national recruitment campaign and successful candidates are now commencing in post.”
“This significant investment will enable us to increase the delivery of community payback from the pre-covid benchmark of around 5 million hours a year to an unprecedented 8 million hours a year. These hours will be put to good use, with a particular focus on more outdoor projects that improve local areas, allow the public to see justice being done and build confidence in community sentences. We will be delivering more placements that restore pride in communities and add value to the work of local charities, building on the success of projects like one in south Yorkshire which saw offenders undertake 2,500 hours of work to transform a derelict building into a community centre for disadvantaged young people.”
“The hon. Gentleman is right that the probation service has a heavy caseload, and that is why we are in the process of recruiting significant numbers of new probation officers; there were 1,500, I think, last year with more to come in the year ahead. We have been given significant investment by the Government to expand that capability and I am very aware of the caseload pressures across the country. It is therefore even more important that we should be given the flexibility to enable people to complete their sentences within the 12 months so as not to add to the burden by having to represent those cases in front of magistrates if the deadline is not met.”
“This includes our groundbreaking partnership with the Canal & River Trust, which sees offenders clearing litter, tidying towpaths and maintaining beauty spots along 2,000 miles of waterways. The work of offenders on community payback has delivered at Perry Barr in Birmingham, clearing a towpath near the site of this summer’s Commonwealth games, which is testament to the impact such projects can have on local places and people.”
“I completely agree and am pleased to hear about the projects in my hon. Friend’s constituency. As he will know, I have urged all Members across the House to nominate schemes in their constituencies to be fulfilled and I need everybody’s help to get us to the target of 8 million hours. If we all pull together I hope we will make sure that not just my hon. Friend’s constituency but every part of the country is looking spick and span. This investment is also enabling us to establish new national partnerships with major organisations and charities, which are also joining this coalition to get to 8 million hours, bringing forward high-quality local projects and initiatives to be replicated in communities across England and Wales.”
“There was a decline between ’17-18 and ’18-19, but the hon. Lady will remember that the last three years of decline were covered by a lockdown; the lockdown began in the first quarter. And while there was a decline it is worth pointing out that there was also a very significant decline in the previous year because this is an activity which, as I have said, takes place in groups and we were not allowed to meet in groups. I know it is not often the case that the word fairness is used in our antagonistic form of democratic debate, but it would be unfair of Opposition parties to decry the work of the probation service and community payback supervisors and say that they should have been doing that group work during the pandemic.”
“More than 1,500 offenders collected 2,200 bags of litter, removed eyesore graffiti and cleared vegetation from public spaces. They delivered 10,000 hours of hard and productive work at about 300 projects. The initiative was widely supported by many hon. Members and PCCs who visited projects. The spring clean week is a superb example of the impact that meaningful and robust community payback can have on local areas.”
“The duty will encourage greater collaboration with key partners such as PCCs and ensure that projects benefit communities and are responsive to local needs. The new statutory duty will cement and formalise existing relationships and create a consistent consultation process across England and Wales. That in turn will guarantee that local people have a say in the types of projects delivered in their areas, ensuring that our placements are responsive to the community’s needs. The impact of such collaboration was evident during the community payback spring clean week, which was delivered in support of Keep Britain Tidy’s campaign in March. Between 25 March and 1 April, community payback teams were mobilised across England and Wales to deliver clean-up projects that visibly improved local areas and green spaces.”
“We recognise that local engagement is an integral part of the community payback offer, and the probation service already works closely with local authorities, police and crime commissioners and voluntary organisations to identify demanding placements that benefit communities. We also encourage members of the public to take part and nominate community payback projects in their areas via an easy-to-use form on the gov.uk website. I urge you, Madam Deputy Speaker, to make some nominations in your own constituency. Furthermore, we have just introduced a new statutory duty via the Police, Crime, Sentencing and Courts Act 2022 that requires the probation service to consult with key community stakeholders on the delivery of community payback in local areas.”
“I know that the Labour party would not seek to make political advantage out of the impact of that awful disease when we had to bear in mind the safety of Ministry of Justice staff. The Opposition have submitted their own proposals on improving local engagement and participation, which the hon. Member for Lewisham West and Penge referred to. However, I am afraid that her quango-tastic response to the issue is both unnecessary and, I am afraid, overcomplicated. In reality, community payback is already delivering for local communities, and the Government are only strengthening our engagement with key stakeholders.”
“As I have said, the baseline was at or around 5 million hours a year for quite a period. It fluctuated from year to year because of a number of factors, not just the delivery but also whether magistrates were giving community sentences in volume, which is not something we can influence. But I am more than happy to write to the hon. Lady with the hours as we see them. [Interruption.] I do not have them to hand, but I am more than happy to write to her about those hours. Look, the number fluctuated at about 5 million-odd, and we want to get it to 8 million. We have been given £93 million and 500 more supervisors have been recruited to get us there. I hope that Opposition Members will acknowledge that community payback was impacted, and had to be, by the pandemic.”
“Lady’s overall claim that somehow the Conservatives have gone soft on crime and are no longer the party of crime and order, I gently remind her that she voted against the Police, Crime, Sentencing and Courts Act and its measures to put rapists and other serious offenders behind bars and to deal with a variety of other criminals. Until the Labour party becomes more action and less talk, I am afraid that it will not be able to aspire to the crown, which we currently proudly hold, of being the primary defender of law and order in this country.”
“Member for Lewisham West and Penge is trying to use the debate to confer some kind of political advantage, I know that she recognises—she is generally a fair-minded individual—that the staff were struggling during the pandemic, as were so many services. Now that her party has happily reversed its position, we share the view that the community payback is an incredibly valuable part of our criminal justice system, and I hope that we will all work together to promote it. I look forward to receiving a nomination from her for a scheme that she would like to see done in her constituency. Perhaps she and I could visit it together and congratulate the offenders on their work. As for the hon.”
“They had been working in a churchyard, making it look very smart and tidy, and in fact a couple of them said that they were interested in a career in landscape gardening as a result. Across the House, we agree on the value of community payback. I hope it is agreed that the service suffered during the pandemic because of the nature of this group-based work, but that the staff at the probation service and the community payback supervisors were innovative in inventing solutions to help us deal with the backlog. Nevertheless, we all need to put our shoulder to the wheel to get us from 5 million hours to that target of 8 million hours, by which time I hope there will not be an area of the country that is not clean, scrubbed and free of graffiti and litter. While I realise that the hon.”
“Pretty much every day, I put out “before” and “after” pictures of a project taking place somewhere across the country showing the fantastic work that offenders have done. We seem to specialise in cemeteries—a lot of work is going into cleaning them and smartening them up. Some of the transformations have been extraordinary. I visited a project in Eastleigh, near my constituency, and what struck me was the value that the offenders themselves saw in the work. Local residents had been over to congratulate them, thank them and understand what they were doing—the offenders all wear high-vis that has “community payback” written the back—and the offenders felt a sense of pride.”
“In the end, a judge or magistrate wants to know that a sentence is effective, and if we can demonstrate through our work that it is effective, punitive and satisfies the public interest, and the local community sees value in that sentence, I am sure that magistrates and judges will step forward with much greater enthusiasm and help us to fulfil that 8 million hours target. The hon. Gentleman identifies the interesting point—no doubt it will be embarked on with the Under-Secretary of State for Justice, my hon. Friend the Member for South Suffolk (James Cartlidge)—of explaining to those who give out sentences the growing importance of this work across the whole of the country. I hope that all hon. Members in the Chamber will become my Twitter followers. One of the great pleasures of my day is to tweet my “payback of the day”.”
“The hon. Gentleman is quite right that the decision on a sentence is a matter for the magistrate or for the judge at the time. It is for them to decide what is a fitting punishment and, indeed, what is likely to deter the offender from reoffending. The fall that he pointed to will be entirely down to judicial discretion. We can do a certain amount of marketing to judges and sentencers. In promoting my own pet project of alcohol abstinence and monitoring orders—the new sobriety tags that have been brought in—I have been attending judicial training courses to explain to sentencers how the sentence works and its effectiveness.”
“I am sure the hon. Gentleman will acknowledge that while different types of crime can fall in different ways, some serious volume crimes are, according to the Office for National Statistics, well down on where they were three years ago. Burglary is down, robbery is down, theft is down, and admissions to hospital with a knifepoint injury are well down. There are areas of concentration, to which we have given significant priority and resources, which are now significantly down across the country. That is British crime survey data, not data for reported crime.”
“As I am sure the hon. Gentleman knows, we use two methods to measure crime. There is recorded crime, as he says, which is sometimes affected by sentiment, but the more accurate measure—the one that is generally used—is the British crime survey, which contains data that is not impacted by the kind of sentiment to which he is alluding, and that data shows that these important crime types are significantly down.”
“The Public Order Act 1986 makes it an offence to display images or words that may cause harassment, alarm or distress, attracting six months’ imprisonment or a fine. It also means the police can impose certain conditions on protests.”
“These are different situations where we, as democratic politicians, have a duty to try to balance the competing rights on display. The hon. Member for Ealing Central and Acton has campaigned passionately on this issue; I salute her for her indefatigable pursuit. Her new clause is very similar, if not identical, to one she tabled during the passage of the Police, Crime, Sentencing and Courts Act 2022. The remarks made at the time by the Minister responsible for the Bill—the Minister of State, Ministry of Justice, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins)—are essentially the same as our position now. We believe that a suite of existing offences can handle this harassment, as the hon. Lady knows.”
“Given the comprehensive nature of the speeches, not least that of my hon. Friend the Member for Dover, I will keep my remarks short. During the course of the Committee’s debates, it has been interesting to hear how Members have tried to strike a balance between the competing rights that we acknowledge exist in society. The hon. Member for Ealing Central and Acton put her finger on what is basically the entire point of the Bill when she asked, “When is a protest not a protest?” I think we can all agree that there is a case for the rights of the individual to be balanced when anybody faces harassment—people screaming at them, pretending to be protesters; effectively any sort of verbal assault—whether that is on entering an abortion clinic or, indeed, in the case of the women protesters in Bristol at the weekend.”
“Member for Ealing Central and Acton voted against Second Reading on the basis that the Bill would curtail the right to protest, but here we are with a new clause that puts a blanket ban on protests, rather than placing conditional controls on them that would essentially seek to balance competing rights. We understand the intentions behind the hon. Lady’s new clause, and see her passionate campaigning. I know that she has support from across the House, and that the issue will emerge again, but for the reasons that we have set out, I am afraid that I urge her to withdraw the new clause.”