Assaults on Emergency Workers (Offences) Bill — House of Commons, 2018-04-27
Topic: Law and Crime
Kevin John Foster (Conservative, Centre-right): I thank my hon. Friend for his thoughtful intervention. I agree that if someone who has been sent to prison for an offence breaches the terms of their parole, that is a good indication that they are unlikely to be taking seriously their responsibility as a citizen to follow the law. My example is of a person who came to the end of their sentence and was released, but found that no support was available. It was a bizarre situation. They were trying to access some support and found it difficult, but had they not breached their licence, support and monitoring to keep them from offending would have been in place. Perhaps this discussion is not for today, as it would require more fundamental changes to how we operate the recall to prison system, licensing, and what we do with those completing their whole sentence. Nevertheless, it flagged up to me a requirement to ensure at least a minimum period of monitoring after someone comes out of prison, whether they have been released on licence or because they have completed their whole sentence I welcome the inclusion of spitting in amendment 2, but it is important to send the message that Parliament does not intend to exclude spitting from the traditional offence of common assault. The amendment is to clarify that spitting is included in the initial offence. I am clear that in my constituency the use of spit hoods is a matter for the Chief Constable of Devon and Cornwall, and if he believes that that is the right way to protect his officers, he should take that approach. I take the same view on issuing firearms and other protections to officers—it is for the chief constable to make an operational decision on the basis of the needs of policing and the safety of his officers. It should not be a political policy decision. Including spitting in the Bill gives a clear legal basis for an offence that carries up to a year in jail, but that can be prevented by the use of a spit hood. If someone is busy spitting at a police officer, that offence already carries a year’s imprisonment. There is a strong basis, beyond the protection of officers, for why it is right and proportionate to use a spit hood if someone is trying to spit at an officer, using the last way they can attack that officer once they have been restrained by other means I am conscious of time, Mr Deputy Speaker, and since I support the Bill I have no intention of trying to talk it out. I also welcome making a sexual assault on an emergency worker an aggravating factor in other sexual offences. We must be clear that Parliament’s intention—certainly my intention, and I see other hon. Members nodding—is not to say, "This is the offence to use for a serious sexual assault". Someone who sexually assaults an emergency worker would still be charged under the Sexual Offences Act 2003, particularly given the things that come with that, such as registration and monitoring, which are so vital when dealing with this issue. The amendment would mean that a court will consider that someone has abused the good will and position of someone who came to their aid, particularly medical staff in the NHS, and that is an abuse of trust. The amendment is therefore perfectly sensible, as it makes it clear that such an offence is an aggravating factor, not a replacement offence I am conscious that we want to hear the Minister’s response so I will draw my remarks to a close. As always, I welcome the dogged determination of my hon. Friend the Member for Shipley to ensure that wrongdoers get their just desserts, that the Bill receives the scrutiny it rightly deserves, and that our courts and prosecutors know exactly what Parliament intended in passing this Bill today—intentions that I completely support.