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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“Friend to encourage his constituents, particularly in rural areas—we have had a number of questions on rural crime today—to report every single crime, because modern policing is driven by data, and if a crime is not reported, as far as the police are concerned, it probably never happened.”
“I am aware that my hon. Friend has made a huge impact in his constituency since he was elected recently, and that this is a result of something that he has campaigned on for some time. I applaud Katy Bourne—who is one of our leading police and crime commissioners and is always innovating—for the establishment of this unit, and I hope that it will make a big difference. I am reminded with rural crime of that interesting philosophical question: if a tree falls in a forest and no one is there to hear it, does it make a sound? If a crime happens and no one reports it, do the police see it? I urge my hon.”
“She is right to point to the fact that we have seen a rise in crime over the past couple of years, albeit different kinds of crime from those we have seen previously. That is why we are massively increasing police capacity and bringing enormous focus, through the National Policing Board, the Crime Performance Board, which I lead, and the Strategic Change and Investment Board at the Home Office, to the national systemic problems that she raises in the hope that, over the next three years, we can drive them down significantly.”
“I acknowledge the hon. Lady’s words about the awful events of Friday. I know that it hit home hard in Croydon for her; I think she was due to visit that very custody suite that day or the following day. It was a terrible time, and hopefully justice will follow that awful crime. On the hon. Lady’s wider point, she and I have had this discussion a number of times over the Dispatch Box. Although repetition is not infrequent in this Chamber, I urge her to reflect on the fact that for the first half of the coalition and then Conservative Government, we were struggling with a difficult financial situation nationally, and crime was falling. That required a different kind of response to the one we see today.”
“I have said this before in the Chamber and will say it again: in my view, anybody who lays a malicious finger on a police officer, or indeed any emergency worker, should face swift and severe retribution through the criminal justice system. We recently announced our intention to double the maximum sentence for assaults on emergency workers.”
“There is absolutely no excuse for assaulting any kind of emergency worker, whether one is on drink or drugs or completely sober. I have to confess that I do not comprehend what goes on in the twisted mind of someone who would commit an assault, particularly on somebody in an ambulance who is coming to the medical aid of a fellow citizen. My hon. Friend raises a good point about aggravating factors. When we shortly consider, hopefully, the doubling of the sentence in legislation, I will certainly take that into account. The Sentencing Council is about to start a review of sentencing for assault, and I urge him and others to make a submission to that forum on aggravating factors.”
“On a point of order, Mr Speaker. I want to bring the House’s attention to the fact that a police officer was sadly shot and killed overnight in Croydon. The details are still emerging, but the Home Secretary has spoken to the Commissioner of the Metropolitan police and offered the help and support of the Home Office as the force comforts family, friends and colleagues and investigates this crime. We ask our police officers to do an extraordinary job. The fact that one of them has fallen in the line of duty is a tragedy for the entire nation. I know that the whole House will offer its condolences to his family, friends and colleagues. May he rest in peace, and may justice follow this heinous crime.”
“I wish to acknowledge the hon. Gentleman’s strong point that technology is moving at great speed in crime, as it is in all our lives, and to draw his attention to the fact that we were the only party that stood on a manifesto commitment—it was buried in our manifesto at the general election—to create exactly the robust legal framework to which he refers. I am hopeful that we will get movement on that quite soon.”
“My hon. Friend is raising an important point, but there are two things to say. Part of the complication is obviously the operational independence of chief constables, in that the Home Office cannot bring any direct sanction to bear when something falls within their ambit, as this issue does. However, as a strong champion of the authority and importance of this House, he will also know that transposing regulations into law has had enormous effect in the past. Back in, I think, March 2019, this House passed a statutory instrument on fingerprinting and DNA standards that took us from 9% compliance to 90% across police forces. That illustrates the power that he has from the Back Benches to mandate that kind of action across the country.”
“I think my hon. Friend has missed his calling: his forensic examination of these documents is to be admired. In the debate I will seek an answer to the question that he raises; I do not have it at the moment. In response to an earlier point that he raised, it is not just the police who are the users of forensic services; very often defence will use them. Having a consistent regulatory environment that is observed by all means that we will get greater consistency in courts, and therefore there will presumably be less time lost—and a saving—in trials that are broken, cracked or have to be delayed because of differences in forensic evidence.”
“The hon. Lady refers to the history of forensics and fingerprinting. I want to share a small anecdote with the House. In the early days of fingerprinting, the Metropolitan police were in pursuit of a particular criminal who, it came to their attention, had apparently been apprehended in Germany. They sent away to the German police to ask for this sadly deceased criminal’s fingerprints to be sent, so that they could close the case. The German police amputated his hands and sent them whole, and they sit in a jar of formaldehyde in the Met police’s Crime Museum to this day.”
“Although the hon. Lady is right that the Forensic Science Service was closed, and that part of the argument for its closure was the cost, because it was losing significant amounts of public money at the time, there had also been a series of forensic science failures resulting in high-profile abandoned trials, which meant that reform was felt necessary. It was not purely ideological; it was as much a practical and results-driven decision as anything.”
“My hon. Friend is making an extremely important point, and nowhere is it more pertinent than in the area of digital forensics, as he said, which is developing very fast. One of the obstacles that we have faced in the prosecution of rape investigations, for example, has been the confidence of victims to allow interrogation of their mobile phone data as part of an investigation. Improving the confidence of victims around both the codes of practice and the techniques that are used in those forensic opportunities, and then how that is presented in court, will be a key part of getting them over the line to prosecution, whereas at the moment we are often seeing resistance because of notions of intrusion into privacy that are overwhelming their desire for justice.”
“Possibly in the future it will be done by codes of practice, and as I said and as we said in our manifesto, we will look at a framework for the adoption of police technology and techniques in the future. Fundamentally, that has to come to this House for democratic consent and it is through these mechanisms that we give that permission.”
“I, too, am anxious not to engage in ping-pong with my hon. Friend the Member for North East Bedfordshire (Richard Fuller) through my hon. Friend the Member for Bolton West (Chris Green). There are two issues in particular regarding digital forensics. One is the delay. Practices at the moment often mean that victims or others surrender their devices for many weeks, which has implications for them as well. In the end, it is through the regulator and statutory codes of practice that voice is given to democratic consent for the ambit in which the state can intrude into a private individual’s information to the extent that justice may be served. At the moment, that is broadly done at the discretion of the police.”
“The hon. Gentleman is exactly right. With regard to digital forensics, I remind him of the case of Liam Allan, where errors made by the police in the disclosure of digital evidence eventually led to the acquittal of the accused. Following that case, we saw a chill go through the prosecution of rape, to the extent that the number of rape cases brought to the courts plunged. We are still struggling with that issue, which points to exactly what the hon. Gentleman said about the confidence of the system in the forensic capability, practices and standards used to bring people to justice.”
“I just want to be clear that in the circumstances of the case I referred to, the person accused of the crime was found innocent as a result of further disclosure, which proved that person’s innocence. To an extent, it was a case that was prosecuted on possibly false pretences, because of poor digital forensic practices and disclosure.”
“I know the hon. Gentleman is not advocating a blank cheque for policing and recognises that there are always finite resources, but he alights on an important point. It is perhaps worth stressing the notion that investment in forensics and in making sure that forensic investigations are conducted to very high standards means there will be enormous savings on abandoned trials and prosecutions that go nowhere. He may well be right that some forces take a short-sighted view, but forensics should be a spend to save, because it will make the police force more effective.”
“DNA samples were gathered, analysis was done, and they identified where in the world this person might have come from. Other people from similar demographics were asked to come forward and volunteer their DNA. Still they failed to find him, until there was a rotation of the investigating officers. A new person was put in charge of the investigation who worked out that the police were not actually trying to catch a rapist. They were trying to catch a burglar who happened to rape at the same time. That change in investigative posture meant that they caught him within two weeks. Although forensics can be vital, sometimes they are not the silver bullet people hold them out to be.”
“My hon. Friend is making a compelling speech and he is absolutely right to point out the vital importance of forensic science in the detection, prevention and prosecution of crime. Does he agree that we must also be careful to see forensic science not as a silver bullet for crime solving, but rather as a tool for the police? I am reminded of a story that you will remember well, Madam Deputy Speaker, of the Night Stalker, a gerontophile who plagued south and south-east London for some 25 years, breaking into people’s homes, often those of elderly people, and assaulting and often raping them. The Metropolitan police pursued this man for many years. He was active for a while, then disappeared for a while, then came back and was active again. Enormous amounts of active effort were put into pursuing him on a forensics basis.”
“I am grateful to my hon. Friend for raising that issue. He is quite right. Let me point out the critical role that forensic science will play in that exercise. By the appliance of science, as they say, we can connect telephones used for the prosecution of the drugs trade with people who previously thought they were anonymous to the extent that within sometimes just a few days of being notified of a number that has been used for the promotion of the drugs industry in a particular town or area, we can be through the door of that person, who is sometimes at two or three removes from the dealer.”
“The development of techniques that allow us to re-examine that evidence and put convictions in place is vital, and that requires a level of assurance and quality. There is no case more illustrative than the conviction of the killers of Stephen Lawrence. Developments in forensic science led, 18 years after that heinous crime, to the analysis of one particular spot of blood on some clothing that was retained, which then led to the conviction of the individuals. While I acknowledge my hon. Friend’s quite sane, sensible and principled concern about state action, I remind him that, in this place, we regard the law as our protection, and often it is the absence of law that leads to the kind of state musculature that he is concerned about.”
“I am grateful to my hon. Friend for making, in a charming and agrarian way, a very important point about our having confidence in the forensic system. Forensic science is advancing all the time, and that holds particular promise in the area of cold cases. Those are cases in which investigations of crimes—often heinous crimes—have been undertaken, but the evidence is just not there, and forensic science at the time had not reached a position where it could help with the prosecution. Often, the passage of time results in the deterioration of other evidence, such as witness evidence—people’s memories go, or the witnesses to a crime are not necessarily present —but the forensic evidence remains.”
“Although there was some debate about the scar between the scientists, along with some critical forensic evidence concerning a fragment of pyjama, it led to his return from Canada and the United States, where had had fled, and to his eventual conviction and execution.”
“My hon. Friend is giving a fascinating tour de force on the history of forensics. She is quite right about the history, and it goes even further back. I know she will recall—although not because she was present—the celebrated case of Dr Crippen, who was alleged to have murdered his wife and fled to the United States. On searching his home, the police found a torso under the floor of the house. Pathologists were unable to identify whether it was male or female. No limbs were ever recovered, the head was gone, and many of the bones of the skeleton had gone. However, on the torso there was a scar that was deemed to be commensurate with medical attention that Dr Crippen’s wife had undergone.”
“In those circumstances, I believe they are warranted in the cause of freedom and, as I said earlier, to shield us from an over-mighty state; to regulate, not only for a well-tempered market for provision but so that everybody, when they are presented in court before 12 of their fellow citizens for adjudication on their crimes, knows that the evidence is presented to a quality and standard in which we all, including them, can have confidence.”
“I am more than happy to give my hon. Friend that reassurance. I come, I guess, from the point of view of the Thomas More philosophy. I think it was Thomas More who said: “This country is planted thick with laws, from coast to coast”. He then asked whether, if those laws were chopped down, “you really think you could stand upright in the winds that would blow then?” I understand my hon. Friend’s caution about greater regulation, but these are matters of sensitive intrusion into personal freedom by the state.”
“If forensic evidence is offered and it is from an accredited organisation, which is reaching a certain standard or not, then we would hope that had some weight with the jury, but it does not absent it from challenge by the defendant’s counsel.”
“I understand the issue that the hon. Gentleman is raising, but he surely cannot believe that faulty or non-standard forensic evidence should be tolerated within the judicial system or that we should have no sense of regulation or, indeed, standards that need to be adhered to. Of course, he will also recognise that while forensic evidence, underpinned by statutory codes or otherwise, is entered into court as evidence, it is still subject to challenge, as is the skill, the technique and the science used, by defence counsel or, indeed, prosecution counsel, when it is entered in. It is part of our adversarial system of justice that whatever evidence is put in is still open to challenge and is not taken as definitive, and it is then for the jury to make a judgment.”
“Member for Bristol North West (Darren Jones) said, is that we would like to get to a situation where the question in people’s minds about whether these people are amateurs or cowboys or actually know what they are doing—on both sides, because do not forget that the defence can present opposing forensic evidence should it so wish—is settled earlier.”
“To amplify that point, my hon. Friend and I may be drawing the line in a different place, but presumably he does believe that anybody who attends as a witness at court to present forensic evidence should have some kind of scientific qualification that is certified and held as a standard, and which therefore underpins the expertise they are giving. Presumably he does not think that anybody could walk in off the street and present forensic evidence. There needs to be such a regulatory hurdle, as it were, before they are allowed to appear as an expert witness. I guess what we are saying, as the hon.”
“I hesitate to intervene on my hon. Friend, but I think that in the early days of the Cameron Government, Francis Maude, then Chancellor of the Duchy of Lancaster, undertook a thorough review of all bodies and quangos across government and consequently reduced the number significantly.”
“I am sure all Members will wish to join me in thanking her for her public service. I am grateful to everybody who has contributed to the debate.”
“Engendering a real culture of quality requires ongoing leadership and investment in people, processes and innovation.” I could not agree more, and from what I have heard from Members across the House, I think they are broadly in agreement too. Before I close, I would like to take the opportunity to thank publicly Dr Gillian Tully, whose term as regulator is coming to an end, for her excellent work and the dedication she has shown to the role. She is a first-rate scientist and a dedicated public servant. She has never been afraid to speak truth to power, and has tenaciously ensured that the issue we are debating today has not been allowed to fall. I regret that she will not be in post to exercise these new powers, but I hope very much that her successor will benefit from the legislation that she has done more than anyone to bring about.”
“I ask him to bear in mind that what we are about here, in adducing laws and regulations, is protecting the public, not invading their privacy. I hold that dear to my heart, and I know he does, too. This Bill provides for the codes and regulations that the regulator puts in place to be approved by the Secretary of State and laid before the House. In that way, they get democratic consent for what he rightly points out is the possibility of invasion—in a just cause, but invasion nevertheless—of our fellow citizens’ privacy. We should acknowledge that accreditation alone is not necessarily a silver bullet. As the regulator herself told The Guardian earlier this year: “Achieving accreditation to a quality standard is neither the beginning nor the end of improving quality.”
“We heard a series of well-informed speeches from the Government side—obviously, interest has been taken in the subject—with a number of questions that need to be answered. I propose to answer them in writing. However, there is one Member I want to address specifically: my hon. Friend the Member for North East Bedfordshire (Richard Fuller), who reminded us all of how much we missed him during his extended recess between the elections of 2017 and 2019. The intellectual force that he brings to his arguments has caused me to question some of the issues that he raised. I give him my undertaking that I will go back and give them consideration. If he finds himself on the Bill Committee, I will be more than happy to tangle with him again on the philosophical issues that he raises.”
“It is important to recognise that the imposition of this regulatory environment will create a much more level playing field and, I hope, satisfy the concerns raised by a lot of Members about the confidence with which courts can deal with forensic evidence, from wherever it comes—a public provider or whatever the individual company, large or small. There must be a known quantity of quality that sits behind all the forensic evidence that is adduced in this country. My hon. Friend the Member for Grantham and Stamford (Gareth Davies) also raised the issue of cost and notice. The passage of this Bill and our attempts in a previous Parliament should give notice to providers that compliance and enforcement notices are coming, so they should start to get their act in order.”
“Member for Ilford North (Wes Streeting) gave his usual humorous speech, which was welcome as this can sometimes be a dry and technical subject. Incidentally, he mentioned getting home in time for “Gogglebox”. Apparently, Mr Deputy Speaker, I was mentioned on “Gogglebox” last Friday. Now there is fame. I never sought celebrity in this place, but finally I have made it. I think it was something to do with people snitching on their neighbours, which is not actually something I said, of course, but it made it on to “Gogglebox”. We look forward to hearing about the hon. Gentleman’s jury service. Hopefully he stays in that box in the court and not the other one. The hon. Gentleman spoke about a level playing field.”
“Friend the Member for Bolton West gave a long and detailed speech, which was worthy of the best traditions of this House in its forensic—forgive the pun—examination of this issue. It highlighted his commitment to the subject, shown most notably in the Bill he had presented, as well as his background in this area and the expertise he can bring. My hon. Friend spoke about the impact on smaller providers. We are alive to the possibility of detrimental impact on smaller providers in the area. We will work closely with them to ensure that they can deal with what is, frankly, an environment with which they should already be complying. At the moment it seems to be voluntary. It will, if the legislation passes, become compulsory. They might need some help—shall we say—to transition. The hon.”
“I am led to believe that the original cost estimate was, in the technical civil service term, a “rush job” and possibly not quite as accurate as it might have been. There has been extensive work since, and I am told that the current figure of £400,000 is much more robust. We heard a delightfully meandering speech from the hon. Member for Ealing Central and Acton (Dr Huq), who also sadly cannot be with us. She highlighted the need for quality control, although she drew an unfortunate delineation between public and private. In the end, a scientist is a scientist, whether in public or in private. One would hope, given the standard and world renown of British scientists, that the same level of service could be underpinned in both. My hon.”
“The first was about the consequences for employees of an enforcement notice being issued by the regulator. Fundamentally, it is for the employer—the force in question—to decide whether the matter is misconduct or otherwise. One would hope that just the enforcement notice itself would improve compliance. Secondly, there was a question about whether the codes have been published recently. The updated codes under the current structure were published on 22 April, but Members can be forgiven for missing that, given what was taking place at the time. My hon. Friend the Member for Christchurch (Sir Christopher Chope), who sadly is not in his place asked—in what I think will in time become known as a Chopian intervention—about the expansion in costs from £100,000 to £400,000, having forensically gone over the previous Bill and the cost estimates.”
“To improve criminal justice outcomes, a measure of regulation is required to underpin delivery, set standards, improve outcomes and provide the structure on which to build for the future, not just in digital forensics but across all disciplines. I believe that that principle has been broadly accepted across the House. This morning, we have heard a series of contributions from Members, and I will try to answer the questions that I have been asked. If I cannot, I undertake that my team will review the footage and answer them in writing, so that as the Bill proceeds to Committee, as I hope it will, we can deal with those issues. A couple of issues came up during the contribution of the hon. Member for Bristol North West, both prompted by questions from Government Members.”
“On digital forensics, it is important that police and other law enforcement agencies have access to the evidence they need, including digital data, to ensure that they can secure justice for victims. Most investigations now have a digital component, and I am clear that policing must have the capability and capacity to deal with the increased demand and complexity. This requires skilled investigators and digital experts, who can be helped significantly by better-validated technology. That is why we have invested £15 million in the last year in the National Police Chiefs’ Council’s “Transforming Forensics” programme to develop innovative solutions to address the rising volumes and particular challenges faced in digital forensics across many crime types.”
“As I illustrated in an intervention, it was critical to the conviction of some of the killers of Stephen Lawrence. I want to put on record that, as has been said, this country has some of the world’s best forensic scientists in public law enforcement and in the private sector. Every day, their expertise is deployed to solve crime and deliver justice. I welcome the significant efforts they have made over the last few years in markedly improving turnaround times. They and policing colleagues have faced a number of challenges in recent years, however, including constrained resources and a growth in the volume of new sources of evidence, in particular digital material.”
“As I said in an earlier intervention, we are committed—it is there in black and white in our manifesto—to building a robust legal framework in which some of those technologies, as they accelerate into all our lives, can be embraced by the police. I am hopeful of coming forward quite soon to update the House on what those plans might be. The Government are committed to keeping our streets safe. Scientifically robust evidence is one of policing’s most important tools for investigating crime. Police forces spend approximately £500 million a year on forensic services, with about 80% by value conducted by police forces in-house. The successful prosecution of county lines gangs, as we have heard already, is often dependent on high-quality forensics, including digital forensics, DNA and cell site analysis.”
“Member for Bristol North West (Darren Jones) on coming second in the ballot and on bringing this legislation to the House. He has worked constructively with me and the Department to get it into a shape where we are able to offer our support to it, not least in the light of the Bill that my hon. Friend the Member for Bolton West (Chris Green) presented in the last Parliament, which also had Government support but sadly ran out of time. I know that the hon. Member for Bristol North West had aspirations to take the Bill further with measures relating to biometrics, but unfortunately we are not able to support them at this time. I am grateful to him for acknowledging that issue and trying to build consensus, which we have seen exhibited on both sides of the House, and focus on where we are in agreement.”
“I thank hon. Members for their words of condolence, sorrow and support following the awful crime that was committed last night against not only a police officer but all of us. Mr Deputy Speaker, it is to your loss that you have not been in the Chair for the entirety of this morning’s debate, because it has often considered profound issues such as liberty, law, crime, justice, freedom and the boundaries of the state. Although I have an extensive and detailed speech prepared, I am conscious that hon. Members want to proceed to other business, so I will truncate it, not least because many of the remarks made by hon. Members and, indeed, the Opposition Front-Bench spokesman would be repeated. Repetition is not alien to the Chamber, but I do not want to detain anyone longer than I need to. I congratulate the hon.”
“The claims for compensation will be processed by the Home Office. We will do so as quickly as practicable following the launch of the scheme. The draft regulations deliver the full intent of the measures set out in the Offensive Weapons Act to allow for surrender and compensation. I commend them to the House.”
“If they wish to claim compensation, they will need to do so at the same time as the surrender using a form that we will make available before the scheme starts. We will also make available a values list setting out the standard levels of compensation for all the weapons that come within the scheme. A claimant can indicate on the claim form whether they accept the standard level of compensation or whether they are claiming a higher amount, which they are able to do, provided they can support it with a credible and up-to-date valuation. The regulations give some examples of the types of valuations that would be acceptable, but we have sought to avoid undue prescription. Our overarching objective is to compensate fairly those who give up their lawful property so that we can take these dangerous weapons out of circulation.”
“The regulations reflect the principle that was recognised during the passage of the Act that prohibiting items that are currently lawfully owned impacts on the individual’s right to property. It was agreed by both Houses that it would be right and fair that the lawful owners of the weapons who surrendered them to the police in accordance with the arrangements we are making should be fairly compensated for the loss of their property. The arrangements for surrender and compensation will apply to England and Wales and will extend to Scotland and Northern Ireland in respect of firearms and related ancillary equipment only. The regulations provide for a three-month surrender period during which the lawful owners of the weapons will be able to surrender their property to the police.”