Equipment Theft (Prevention) Bill

(Limited Text - Ministerial Extracts only)

2nd reading
Friday 19th May 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I am grateful to my noble friend Lord Blencathra for bringing forward this Private Member’s Bill to the House. I join him in paying tribute to Greg Smith MP in the other place for all his work on it. I also commend him on the eloquent and considered case he has made for the included measures and thank all those who contributed to this short debate and welcome their support.

I am delighted to be able to say that the Government support this Bill. As has been noted, it received cross-party support from the outset. My noble friend Lord Wasserman is quite right that the Government are determined to make our cities, towns, villages and rural areas safer. Our blueprint for cutting crime was set out in the Beating Crime Plan in July 2021, which outlined the concerted and wide-ranging actions we are taking to cut crime and make our society a safer place to live and work in.

To bear down on all forms of crime, this Government committed to recruiting an additional 20,000 officers across England and Wales by the end of March 2023. We have delivered on this manifesto commitment; 20,951 additional officers were recruited by the end of March 2023. A record number of officers are now in post, bringing the total number to nearly 150,000 across England and Wales, exceeding the previous peak in 2010 by 3,500. This means that there are now more police on the streets to tackle crime in all areas of England and Wales. That includes crime affecting rural communities, such as machinery theft, which this Bill is designed to prevent.

As all noble Lords have noted, the theft of agricultural machinery, in particular all-terrain vehicles, is of great concern. The Government recognise the significant impact of these thefts on both individuals and businesses and understand the distress and disruption caused when property is stolen. For example, the theft of an agricultural vehicle from a farmer can cause severe disruption to essential cultivation work, risk animal welfare and put livelihoods on the line. It is therefore essential to ensure that they are adequately protected. I was pleased to hear my noble friend Lord Blencathra describe the widespread support for this Bill from interested parties, including the National Farmers’ Union and NFU Mutual. The principle of this Bill is very important: the Government expect manufacturers to play their part in protecting items from theft.

As well as the personal and practical consequences, there is a significant economic impact, as noted by the noble Baroness, Lady Twycross. As we heard during this debate, more than 900 quad bikes and ATVs are stolen every year. NFU Mutual’s Rural Crime Report 2022 put the total cost of insurance claims due to the theft of agricultural vehicles at £9.1 million last year. This figure includes more than ATVs; we know that other high-value machinery such as tractors and GPS systems are also targeted by organised criminal gangs. Of that £9.1 million, the theft of quad bikes and ATVs alone costs the UK £2.2 million. This is an unacceptably high amount.

To go into a little more detail on other types of machinery theft, figures provided by the National Police Chiefs’ Council show that there has been a total of 626 thefts of large agricultural machinery so far in 2023. These figures include large or high-value machines such as tractors, excavators and diggers. In reply to the noble Baroness, Lady Randerson, the most I can do to clarify “large” here is to say that it means “big”.

This is why the Government are taking action by supporting this Bill. Despite significant technological advancements made across the ATV market, the inclusion of basic security features on machines has been much slower. Fitting immobilisers and forensic markings as standard is inexpensive, and they are readily available. The Government do not wish unnecessarily to impose additional costs on individuals. The cost of fitting an immobiliser and forensically marking a machine is estimated to be under £200. This cost is far outweighed by the benefit of reducing disruption caused by theft.

The Government are focused on the prevention of crime. As we have heard during this debate, increased policing is not the only answer. Prevention is by far the most effective means of reducing these thefts and this Bill proposes simple action to achieve that. We need the most effective technology, such as immobilisers and forensic marking, to be rolled out and fitted as standard to drive down these preventable thefts.

My noble friend Lord Blencathra asked about databases. The Government have no intention of creating a single national database for the purpose of recording and retaining this information. The owner’s information will be registered on the database maintained by the company whose forensic marking product has been used. For example, many companies, such as CESAR—which has been mentioned and I will come back to—Datatag, Selectamark and SmartWater operate databases to record forensic marking and owners’ details.

In answer to the noble Baronesses, Lady Randerson and Lady Bakewell, the Explanatory Notes refer to CESAR as an example of a forensic marking scheme. The legislation, to be clear, will not endorse any particular product, product line or service. A number of forensic marking schemes are already widely adopted by the agricultural sector and construction industry. The secondary legislation will specify the standards of forensic marking which may be used—in order to set a minimum standard, not to restrict the market or stifle innovation. I should also be clear that police officers are very aware of how to search for any stolen items using these databases. They are able to access these databases at any time in order to ascertain if they are dealing with things such as stolen ATVs.

The Government expect to see a real decrease in the theft of ATVs as a result of the measures in this Bill. The introduction of immobilisers and forensic marking as standard will help prevent them being stolen. Importantly, it will be harder for criminals to sell on stolen machinery, and that will have a deterrent effect. The Bill is a great example of government, law enforcement and industry working together to protect hard-working people from theft.

The Bill includes a power for the Secretary of State to extend its provisions via secondary legislation to other types of machinery, as has been noted. During the Commons stages, the Minister for Crime, Policing and Fire committed to consider extending the provisions to other equipment designed or adapted primarily for use in agricultural or commercial activities, including tradespeople’s tools. Minister Philp recognised that the regulations would require careful consideration to ensure the technical detail is correct. The legislation must be practical and straightforward for manufacturers and dealers to implement, without causing a detrimental impact on businesses.

My noble friend asked about calls for evidence. I am very pleased, as has been noted by the noble Baroness, Lady Randerson, that the call for evidence was launched this week. It has been published on GOV.UK and will run for eight weeks. I am not sure why it is unfortunate that it was introduced only this week. Home Office officials will ensure that it is widely shared with those who may be affected by the legislation. That includes manufacturers, dealers, retailers, forensic marking companies, trade associations, tradespeople and law enforcement practitioners. I urge all interested parties to engage with this call for evidence and make their feelings and opinions known.

I have also been lobbied by the National Caravan Council, which should definitely engage with this, as should the Agricultural Engineers Association and others. The call for evidence includes questions about the feasibility of including handheld power tools and large agricultural equipment in the secondary legislation. We recognise that there is an overlap between equipment used in the agriculture, construction and land management industries, but we want to ensure that the legislation covers equipment that is vulnerable to theft and needs to be protected.

The Bill is broad in scope. It allows for these requirements to be extended to other equipment, as we have discussed, via secondary legislation. That is why this call for evidence is so important to engage with—to make sure, as I think has been noted, that we do not end up with unintended consequences.

The noble Baroness, Lady Bakewell, asked me about vehicle identification numbers. The fact is that criminals are very adept at changing a quad bike’s identity to legitimise it for resale. In most instances, the VIN is replaced by false or cloned details, which can be harder to detect.

Regarding the forensic marking of tradespeople’s tools, as has been noted, the Minister for Crime, Policing and Fire, Chris Philp, committed to consulting on that. Again, the appropriate way of consulting is through the call for evidence. I actively encourage all relevant stakeholders and interested parties to participate in the call for evidence.

I finish by reiterating my thanks to the noble Lord, Lord Blencathra, for bringing this Private Member’s Bill to the House. I echo the thanks to the National Farmers’ Union and to the National Police Chiefs’ Council lead for construction and agricultural machinery theft, Superintendent Andy Huddleston, for all his work in developing the measures in the Bill. I hope to see the Bill receive Royal Assent, as I believe it can have a significant impact on these thefts; the Government are in full support of it.