Harriet Cross
MP for Gordon and Buchan · Conservative · United Kingdom
“The pig sector in Scotland is down £5.7 million since January this year, with continued losses almost guaranteed if prices remain suppressed. Almost half of those losses—more than £2.5 million—are in my constituency.”
“The changes will include principles such as mandated written contracts, a clear pricing mechanism, mutually agreeable term lengths and fair notice periods. Those regulations will not immediately resolve every challenge facing the sector.”
“While I absolutely understand and appreciate the fine margins in hospitality, not least due to rising costs and seemingly ever-increasing taxation, and the tight budgets of our local authorities, more needs to be done to ensure that local British produce, be that pork, beef, lamb or other farm outputs, can be prioritised and offered to Br…”
“The Scottish pig industry is facing even more acute pressures than those in England. With just one single processor in Brechin and distances too large to transport the pigs for processing south of the border, Scottish pig farmers are seeing an even lower standard pig price than their English counterparts.”
“It feels like we have been lucky not to see cases of African swine fever, foot and mouth or any other significant livestock disease enter the UK. The UK’s biosecurity system cannot rely on luck, because the consequences of any of these diseases entering the UK and our livestock is hard to overstate.”
“There is real and growing concern about the emergence of diseases such as African swine fever and about foot and mouth entering the UK and infecting our livestock—no one needs reminding of the devastation that the 2001 foot and mouth outbreak had.”
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“On this amendment and amendment 31, on reducing the age threshold to 16, we heard from the experts and people who gave evidence that we should reduce it to 16 because that is where most of the criminality of the antisocial behaviour comes from. By that same argument, because we are not hearing from housing authorities or experts does not necessarily mean that this is not a good amendment.”
“For clarity, will the threshold at which a youth injunction is given be at the same sort of level as for a respect order, but with the age element added in, or will there be a different threshold for the level of antisocial behaviour, or the sort of disruption caused?”
“This is about the impact on not just communities and individuals but on farmers, livestock and rural businesses. In many cases people are seeing their livelihoods disrupted and their livestock injured or, at worst, killed by these bikes. What are the shadow Minister’s views on the need to tackle that?”
“Earlier, we considered extending timelines from 48 hours to 72 hours to take in, for example, weekends and bank holidays. The new clause fits quite nicely with that, and would make sure that wherever we are in the week or year we are tackling this issue effectively.”
“I completely agree that it is time to get serious about this issue. Will the hon. Member support our new clause that would give police the power to confiscate these vehicles from people’s houses?”
“If one way to help reduce the likelihood that someone in their private house with the windows closed would not have to listen to these vehicles—as no one should—was to have powers to seize them from inside someone’s house, would the hon. Member support that?”
“That is why I welcome amendment 35, which seeks to ensure that, where and when perpetrators of fly-tipping are identified, they are made to pay the cost of clearing it up. That is not a burden that anyone other than the perpetrator should have to face. Will the Minister say what conversations have been had with the devolved nations? If people are putting waste into the back of a van and driving it around, the borders are no barriers, whether they are on one side of the Scottish or Welsh border or the other. This is a cross-border issue. What implication might this have, and what conversations has the Minister had with her Scottish and Welsh counterparts to tackle this across the board?”
“The next time I drove past, there was a bath and a sofa, and then it was a bath, a sofa and a bike. Eventually, I could have probably furnished a house and garden after just a few trips up and over this pass. That is how this escalates. Once incidents start happening, people think, “It’s there already, so I’ll just keep adding to it.” We must crack down on it. We must also recognise the impact on landowners and farmers. It cannot be fair that someone who farms land has to deal with fly-tipping, on top of everything else. This is not to conflate two issues, but we have heard a lot in the last year about how farming is low on profits, at about 1%. We cannot expect farmers to bear the burden of having to put some of that money into clearing up someone else’s mess.”
“I welcome the intention of the Bill to tighten up regulations for fly-tipping, which is such a blight in our communities up and down the country. I know that the Bill refers directly to England, but up in my constituency of Gordan and Buchan, in Aberdeenshire, it is just as prevalent. It is a growing concern across the country. As the shadow Minister and my hon. Friend the Member for Windsor said, it has both an environmental and antisocial impact, but the impact on community cohesion is particularly important. It can be seen as a gateway, as once there are instances of fly-tipping, they escalate and escalate. There is an example from my constituency that always sticks in my mind. There are quite a few mountain passes in and around my area. One day, I drove over one and there was a bath at the top.”
“Could they entrench more turf wars? Will there be more of an impact if one is located on one gang’s land or another’s? Will some people be completely excluded simply because of their location? I ask these questions to be constructive, because I want the hubs to work for everyone. Similarly, if many different people come to the hubs—for rehabilitation reasons or if we use them to keep people off the streets for many other reasons—what is it that will prevent them from being a recruiting ground for other types of crimes? I reiterate that I am asking these questions to be constructive; I want the hubs to work, but I also do not want anyone to be pulled into more crime as a result.”
“We welcome that the Government have banned zombie knives—the Conservative Government started on the road to that ban and we are glad to see that it has been implemented—but those knives are only responsible for about 3.5 % of knife attacks; every house in the country has a kitchen with knives in. What more are the Government doing, either in this Bill or outside it, to reduce knife crime by tackling the manner in which knives can be accessed and used? The Government are setting a lot of store by the use of youth hubs to address knife crime, young offending and antisocial behaviour. Although the principle of youth hubs is admirable—and I do mean that—I have heard concerns from Members outwith this room, but certainly invested in this matter, that they may have unintended consequences. For example, where will the hubs be located?”
“I will comment briefly on clause 10, which is on the possession of a weapon with the intent to use it unlawfully for violence. The provision is much needed and, if implemented properly, would be welcome. I have a couple of questions for the Minister, though. First, how does the clause differ from existing legislation with respect to intent to cause harm or carrying an offensive weapon? Are there any nuances specific to knife crime, outwith those covered by existing legislation? More generally, the Bill is restricted to the clauses before us, but we know that knife crime is multi-faceted—there are an awful lot of reasons why people get involved. As has been said, some feel that they need protection themselves and others do it to fit in, while for others it is to do with the environment in which they grow up.”
“Who would be your witness or injured party for a community?” I think what is provided at the moment is useful. Would it be good if it could be widened? Yes. Practically, could it be widened? I think we would probably need a whole other Committee and some lawyers to discuss that one.”
“Dan Murphy: On your first point, it would obviously capture more incidents and issues if the threshold was set at a lower age, but do we want to be criminalising children with this type of offence? There is a balance, and it is a matter for Parliament and society as to whether they would like to lower that age. I can understand why it has been set at 18, but I wanted to make the point that, as it is set at 18, that power could not be used for young people. On harassment, alarm and distress, that is a person-specific issue, compared with a community or area. In policing, if we could have something that captured that as well, we would welcome it—again, it is an extension of powers. You are putting me on the spot here, as I am thinking, “How would you prove that?”
“Q Mr Murphy, can I pick up on the point about under-18s and respect orders? What sort of age would it be beneficial for the age limit to be reduced to, if that is what you were saying? Is there a particular age group where we see prolific antisocial behaviour starting to become more apparent? Also, is the definition of antisocial behaviour in the Bill wide enough? Clause 1(2)(9) states: “‘anti-social behaviour’ means conduct that has caused, or is likely to cause, harassment, alarm or distress to any person.” My direct question would be: is it therefore being restricted to just a “person”, or does it include instances of neighbourhood or property nuisance, where there is a large-scale impact but no single person can be identified as the recipient?”
“I think this is the moment—if it is not being seized already—at which the Lord Chancellor and the Home Secretary can really step up and make sure that our response to cyber-crime is not just as good as but ahead of the trends that we now see, not just here but internationally. The extrinsic threats are a wake-up call.”
“Unless we can enable our police and investigative agencies to have the same level of firepower, we are never going to win, and we are going to have increasing difficulty in piecing together cases that can then be prosecuted. I think particularly about fraud and the use of blockchain and virtual technology. I want to make sure that in all the work that is being done to try to improve our response to fraud—whether by the Serious Fraud Office, the CPS or the City of London police—we are really on it when it comes to technology. As Ministers will know, the Criminal Justice Board is the ideal forum for this work to be prioritised in. Ministers can make it the board’s priority and give tasks to all the arms of the criminal justice system to get it right. We did it with rape and we have done it with other types of criminality.”
“You must forgive me if I pass that one on to a politician who no doubt has no such inhibitions. Sir Robert Buckland: No, I have never had any inhibitions, as I think you all well know! We have to go back to the fundamentals. We should not be bringing prosecution cases unless there is a reasonable prospect of conviction and it is in the public interest. That is the very simple test for prosecutors. You need the evidence, and that is the task that can often be very difficult for the investigating authorities. I will labour the point, because it is really important. We are faced with extrinsic challenges, in which digital and assistive technologies are being used on a scale and at a pace that are at once awe-inspiring and terrifying.”
“Q I have a quick question about how the definitions in the Bill might have an impact on the pressure relating to the number of cases that come to court. Largely, it is about the cases that need a level of subjectiveness—for example, where there is just judgment, or there are reasonable grounds for belief. If the definitions were tightened up, would, or could, that feed through to making sure that the right cases come to magistrates and other courts? Would that help the backlog, or would it put too much pressure back on the police on the ground, who are at the frontline? Oliver Sells: I am not sure I am able to answer that question. I have not considered the matter in great detail, and when I have not considered something I tend not to answer the question.”
“Q I would just like to ask a bit more about the Scottish Act. We have mentioned that delivery drivers are included, but is there anything else in the Scottish equivalent that you think is working particularly well that is missing from this Bill and would be a good thing if it was replicated? Graham Wynn: Was that to me?”
“In the abuse area, if you look at the figures—I cannot find them on my piece of paper just now—there is significant evidence that abuse and threats incidents have been recorded and reported under the Scottish Act as well, so it would be good to get those covered at the same time.”
“All or any of you. Graham Wynn: The other thing about the Scottish Act that is different is that abuse is covered. It is not clear whether that has actively been used—I believe it has a bit. Our concern is to focus on delivery drivers, because abuse is difficult to prove and to get the level right, other than with protected characteristics—there are special laws on that, as we all know. Christopher Morris: One more thing: in the Scottish Act, there is an aggravating factor. When an incident happens as a result of a retail worker enforcing the law, that would be treated as an aggravating factor when it comes to sentencing, which gives retail workers additional protections for enforcing law, which is important.”
“There is certainly room for development, but I think it is important that we are not too prescriptive with the behaviours, because we do not want to allow perpetrators to work outside that. By allowing it to be vague to some extent, we future-proof the legislation.”
“Q This question is probably best for Suky to answer. Do you consider that the provisions in the Bill and the Acts to which it relates, such as the Protection from Harassment Act 1997, are sufficient to cover all forms of stalking? For example, are they sufficient to cover online stalking, which is obviously becoming more prevalent? In 1997, the internet was a very different beast from what it is now. Suky Bhaker: There are certainly elements within the current legislation that do not draw enough attention to the impact, the alarm and distress that victims experience. There are challenges when victims themselves do not know that they are being stalked and might not see the extent of what is online; that is not captured to its full extent in the legislation.”
“Tech companies need to be more responsible as well—when something really does harm a person, there must be accountability. We have to bring them to the table, but unfortunately, we all work in silos. We have this AI coming out, and look at what damage that can do—we are already seeing that. That is why I welcome what is in the Bill, but I think that while we have this, they are 50 steps ahead, and down the line other things will come up. We need to be alert and aware and we need to want to understand and make things secure for people.”
“Q Regarding nudifying technology and other online tools that demean mainly women and girls, though they affect others as well, what do you think we can do to look at this further? Are there parts of the Bill where it should be addressed? In general, are we tackling this area sufficiently? Baroness Newlove: To be honest, I have not really looked into the detail, but when it comes to the House of Lords I will be very vocal anyway, in that sense. However, we must educate. I have seen too many vulnerable victims, and I know that the Government have been looking at this in their violence against women and girls strategy. We had a roundtable with Jess Phillips and it is amazing what technology is out there. But we need to educate people of all ages about technology to prevent them from being a domestic abuse victim.”
“We have seen, unfortunately, more than one example of child abuse occurring in religious settings, where often there is trust and there is sometimes difficulty with anybody coming forward because of a sense of mutual solidarity that makes it difficult for people to want to step away and blow the whistle. Those are my three areas of concern. Is there a sanction for not carrying out this duty? Is there an obligation on employers to do something to protect the person? And would the duty apply to religious settings?”
“There are two concerns that I will raise. First, there does not seem to be—apologies if I have missed it—any sanction on anyone who does not carry out that duty. I question what kind of a duty it is if you can simply choose not to do it, with no ramification. Connected to that, if you think about the way this might happen in an organisation, the person who is making the report might in effect be in a whistleblower position, so what thought is given to any duty on the employer not to treat that employee adversely as a result of in effect blowing the whistle against things that the employer may wish not to have come to light? My third thing perhaps is a question. To what extent would this duty apply to voluntary or religious organisations?”
“The duty may result in an increase in referrals to children’s social care, as has occurred in other areas where mandatory reporting has been introduced, such as parts of Australia and America. Obviously this is in a context where spending on children’s social care has already increased by 11% in the last financial year to £14.2 billion. We believe it is absolutely vital that children’s social care is adequately resourced, to ensure that all referrals can be fully investigated, with the best possible support provided, including where children obviously need to be brought into care for their own protection. On safe spaces, we would add that there is a very fine line between creating a space of trust and then a space of reporting. Obviously local government sits at the heart of that. Councillor Garratt: I broadly welcome the duty to report.”
“Multiple reports, including by Ofsted and the Home Office, have identified a lack of skills and confidence among professionals in responding to child sexual abuse. A duty must not be placed on professionals without the accompanying training that will enable them to identify and respond to child sexual abuse effectively. We also believe that there needs to be support for victims, and that there can be a shortfall in dedicated support for boys, children from ethnic minority backgrounds and disabled children. If this duty identified more victims of sexual abuse, obviously it would also be imperative that services are in place to provide appropriate support. On that, I would also highlight the pressure on children’s social care.”
“Q I would like to look at the requirement to report where there is reasonable suspicion of child sexual abuse to, among others, local authorities. From your point of view, how do you think local authorities are set up to receive such reports? Do you think local authorities should get involved in that? Councillor Conway: I will read this is out, if that is okay, because—not that this is not all important—this really is an important issue. Child sexual abuse is obviously a horrific crime, and the LGA supports the mandatory reporting duty. We do, however, have several things to say that would make it more effective. We believe there should be training and support for those who work with children.”
“We work with KnifeSavers to educate about the dangers of carrying a knife, and the fact that you are more likely to be a victim of a stabbing if you carry a knife yourself, even if you are doing it for protection. Through our violence reduction partnership, we have done some work to educate young people and help them to understand how they can get into that situation and what the alternatives are. There is a huge amount of work on education and prevention, which has to go hand in hand with all the enforcement activity.”
“Emily Spurrell : On Merseyside, notwithstanding some really tragic incidents, we have actually seen knife crime going down. We have seen about a 7% reduction in serious violence, and particularly knife crime incidents. I think there are two reasons for that. First, there has been a huge amount of proactivity. We were the first force to pilot serious violence reduction orders, which have made a difference in terms of identifying the individuals who are routinely carrying knives and posing the threat that has been described. It has been helpful to monitor that. There was a previous question about prolific offenders; we have seen some good success with that. The flip side of that is public education and engagement, particularly with young people.”
“Having talked to agricultural and nature groups, I know there is nothing that you can do with a machete that you cannot do with a billhook, and you are not going to take a billhook to a battle, so why not just ban machetes? That would really help. Also, with the way the Bill is phrased at the moment, the defence of saying, “I’m only carrying it for self-defence,” would effectively still work, because the implication is that you need to be going out with the intent to cause harm. I think if you are carrying it for self-defence, you are prepared to use it. I would ask the legal brains to think about a way of phrasing it to mean that the plea of, “I am only carrying it to defend myself,” is equally an offence, because that is something you can carry into a street fight.”
“It has always been a difficult area, but I have never really understood why the previous legislation, and perhaps therefore this legislation, could not simply ban all bladed instruments that do not have a legitimate use in the environment in which they are found. We had a machete battle on Southend seafront last summer, which was extraordinary. None of those young people had any reason to be carrying a two-foot bladed instrument. In fact, why on earth were they allowed to buy them in the first place? The provisions around purchase over the internet need to be enforceable. It must be the case that people have to produce ID when they order it, and when it is delivered, to prove that they are over 18. But also, why are things like that available over the internet at all?”
“This is one of the things that I would put in that category of tying up some of the loopholes in legislation, which will not actually cost policing anything. At the moment we have police officers in situations where they cannot use current legislation to protect the public. More broadly, where we have seen success, certainly in Thames Valley and across the country where it has been done, it is that focus on the possession of knives that is absolutely vital. It is about a good use of stop and search, and making sure that we are focusing not just on the people who are already committing the dangerous offences of robbery and assault, but on getting the knives off the streets in the first place, recognising that possession itself is critical to enabling others to commit further offences. Roger Hirst: I very much agree with that.”
“Although I would not oppose the legislation that has been put in place to prohibit the use or ownership of those weapons, the reality is that the vast majority of knife-enabled incidents—whether that is robbery, theft or injury—are caused by kitchen knives, which we cannot realistically outlaw in our society. I think the use of intent and the ability to seize within private dwellings is really important. The police may be dealing with a suspect for an unrelated offence around drug possession, for example, and while they are in that property, they may see a stash of knives that are clearly likely to be used for criminal purposes—not for someone cutting their salad—yet they would currently be powerless to do anything about that, because they are being legally held in private premises.”
“Q I want to reflect quickly on knife crime, and the Bill’s provisions on that. First, what are your comments on the clause to make it an offence to possess with the intent to cause unlawful violence? Do you think that is practically workable? How will that be enforced? More generally on tackling knife crime, what have you seen in your areas that has been good, bad or indifferent? Is there anything in particular missing from the Bill? Matthew Barber: An awful lot of focus in legislation goes on the type of knife being used—the talk about zombie knives and so on.”
“Q I want to ask about respect orders and the fact that they are pitched to come in at age 18 and over. Given how much antisocial behaviour is by juveniles, what would your view be on reducing that age to 16, or whatever level you might think? Or do you think 18 is pitched about right? Dr Newport: There is good reason to consider it for 16 and above. That is because, exactly as you said, a lot of antisocial behaviour does happen at 16 or 17, and actually so does quite a bit of crime. There is good reason at least to look at the impact of doing that, and at whether it would help prevent people from going down the pathway to becoming career criminals.”
“The National Rural Crime Unit now has a livestock theft co-ordinator, who is doing a lot of research into how livestock theft is recorded by the police. At the moment, there is not a clear picture of how it is recorded by each force, so there is not a national picture on livestock theft. Again, we have the issue of how it is reported by our farming members. There are not measures in the Bill on livestock theft, but, potentially as a result of the research that the National Rural Crime Unit is doing, there could be scope for future legislation on it.”
“We have worked quite closely with National Police Chiefs’ Council and others, including the Royal Society for the Prevention of Cruelty to Animals and the Kennel Club, and we would support a lot of those measures to give the police more powers to investigate, seize dogs and take samples to link dogs to attacked animals. I think that that Bill, if it progresses, will cover that issue. Livestock theft is a complicated issue, because you need the skills to handle livestock in order to steal livestock, but it is a concern, because there are routes for livestock to enter the food chain, and if animals are being stolen and processed in a different way, there are potential food hygiene issues. The picture on livestock theft is not clear at the moment.”
“Q Missing from the Bill is anything to do with livestock theft or worrying. Do you consider those to be covered sufficiently in other legislation, or would you like to see something included in the Bill to recognise that that is a huge issue for farmers and rural landowners? I do not want to diminish theft from a shop in any way, but the value of a cow or sheep is significant. Should that be better represented in the Bill? Sam Durham: On the livestock worrying issue, there is a private Member’s Bill progressing at the moment—the Dogs (Protection of Livestock) (Amendment) Bill—that I believe the Government have said they will support. A lot of the measures in it have appeared at other times in legislation but then been dropped.”
“For sales of alcohol, they have to check the age of the individual, and they do so in many other instances as well. For sales of knives, you have to check. That is why we wanted to have a specific offence dealing with assaults on retail workers carrying out that particular role.”
“Of course, civil injunctions are already in place to deal with young people under 18 who engage in antisocial behaviour. I think they will be called youth injunctions. They will carry on. We are also committed to prevention partnerships, which means identifying those young people who are getting themselves into difficulty, antisocial behaviour or other criminal activity, and trying to work with them early on. I think that keeping young people and children out of the criminal justice system as much as we can and diverting them is key to this. That is why the respect order is post 18. On retail crime, it was a manifesto promise in the Labour manifesto last summer that we would introduce this particular measure. That was specifically about the fact that some retail workers are carrying out a public service duty.”
“Q Thank you both. On retail crime, we heard in panel 4 that in Scotland, delivery drivers are included in provisions relating to the abuse, and so on, of retail workers. What work was done alongside the Scottish Act, or looking at Scotland, to reach the decision that they would not be included in this Bill? Secondly, on respect orders, we have discussed reducing the age from 18. Why was 18 chosen? After the evidence that we have heard today, would any consideration be given to reducing the age, given who is responsible for most, or a lot, of antisocial behaviour? Dame Diana Johnson: On the point about antisocial behaviour and why respect orders apply at 18 and above, that is because we are really clear that we do not want to criminalise young people. We do not think that it is appropriate to reduce the age limit to 16.”
“Q With respect, a delivery driver would be delivering such products as well. Dame Diana Johnson: What we have said is that we are very conscious that we want to look at this. Again, it goes back to poor data. Because at the moment assaults on retail workers are treated just as assaults and not separated out, we are very keen to get the data to see what is actually happening with retail workers. I am very happy to look at suggestions that the Committee might have, but our proposal at the moment is to be very clear: we want to bring this particular measure in for assaults on retail workers because of what I have just described—the public service duty that they have. But I did hear the evidence earlier, and I heard what was said about Scotland as well. I am very happy to consider that and to look at it.”
“The UK Government must state unambiguously that giving up their rights to our waters and natural resources would represent a long-term loss of a national asset critical for food security and production of climate-smart food. I invite the Minister to do so in this debate. I urge the Minister to commit to securing a better deal for UK fishing in the revised TCA—one that genuinely rebalances quota towards zonal attachment principles—and protect our fishing grounds. Will the Government ensure that small-scale and coastal fishing operations have proper representation in future negotiations? The Conservative party committed to that in our manifesto, along with seeking additional opportunities for these vital parts of our fishing fleet.”
“As other Members have mentioned, we just have to look at how things have developed in recent weeks to get a true understanding of the EU’s approach to fishery negotiations. Some EU member states are now saying that, unless the UK gives way to exactly what the EU wants on fishing, it will be excluded from the EU’s defence fund. It is almost unbelievable that anyone would risk the safety, security and defence of Europe and its allies on such a pretence. Fishing and defence—indeed, national and international security—should not be conflated. Our national security is vital, our energy security is vital and our food security, in which fishing plays a major part, is vital, and each should be dealt with in its own right. We cannot allow our fishing communities to be caught up in this EU posturing.”
“For example, in 1991, the same indicator showed that sustainability levels were only at 35%. The industry has driven that progress alongside fisheries scientists and managers, because no one has a greater vested interest in healthy seas and fish stocks than our fishermen and those who depend on them for their livelihoods. There is still much work to do for the UK’s fishing industry to benefit fully following Brexit and our departure from the broken, inequitable common fisheries policy. Under the adjustment period in the trade and co-operation agreement, the EU still has unrestricted access to the UK exclusive economic zone. That benefits the EU far more than the UK and, unsurprisingly, the EU wishes for that position to continue.”
“The Scottish Fishermen’s Federation and other fisheries organisations have highlighted the distorting effect of paper fish when discussing quota negotiations, because it means that actual usable quota is less than what appears in official statistics. Some quotas look great on paper, but provide no benefit to the fleet. DEFRA has published two reports—one on economic outcomes and the second on sustainability—considering the UK’s fishing opportunities for this year. We should remember that sustainability under the Fisheries Act 2020 has three pillars—environmental, social and economic —and that no one pillar takes precedence over the others. In Scotland, about 70% of key commercial stocks are fished sustainably. Yes, there is still room for improvement, but it is important to recognise that progress has been made in the last 30 years.”