Off-road Biking

(Limited Text - Ministerial Extracts only)

Tuesday 20th February 2024 Westminster Hall

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure to serve once again under your chairmanship, Mrs Latham. I congratulate my hon. Friend the Member for Darlington (Peter Gibson) on securing this important debate. As has been said, this is a question that comes up quite often, and a number of hon. Members, some of whom are here and some of whom are not, have raised this issue over recent months.

I will start by making some remarks about antisocial behaviour more widely. I agree with the comments made by my hon. Friends the Members for Darlington and for Hartlepool (Jill Mortimer), the hon. Members for Strangford (Jim Shannon) and for North Antrim (Ian Paisley), and the shadow Minister, the hon. Member for Nottingham North (Alex Norris) that antisocial behaviour is something we should take extremely seriously. It causes people to feel a sense of menace in their own communities. It can create a sense of disorder and unease, and a sense that people’s local neighbourhoods, parks, high streets or other public places are not places of safety. That is why we should be taking all forms of antisocial behaviour, including the abuse of off-road bikes, extremely seriously.

[Nick Smith (Blaenau Gwent) (Lab)]

In Gwent, we have a regional roundtable that considers illegal off-road bikers. MPs, MSs, council officials, farmers and passionate bike riders come together to try to deal with this ongoing scourge. It is worth reporting that in recent months Gwent police has, with local councillors, launched a team, with shared prosperity funding, to look at this important, ongoing and growing issue. Does the Minister agree that sustained, strong enforcement is at the root of dealing with this difficulty? Illegal off-road bikers who badly damage our environment, endanger animal stock, intimidate hikers and dog walkers, and sometimes threaten farmers need to be dealt with properly. What police powers does he think can be brought to bear to beat this blight? Lots of my constituents are concerned about this issue. Will the Minister clarify why he has until now believed that registration is not necessary to help with this growing problem?

[Chris Philp]

I agree that strong enforcement is critical. We should have a zero-tolerance approach to off-road biking, as we should to all forms of antisocial behaviour. As I said, it is a menace. It makes people feel uneasy and unsafe, and there should be strong enforcement not sometimes but always, and I hope that is what Gwent police force is doing locally.

The hon. Gentleman asked about the police’s powers; I was going to come to this, but since he has asked about it, I will address it now. The most relevant power is the power the police have under section 59 of the Police Reform Act 2002 to seize vehicles, including off-road bikes, that are used antisocially. That can be the result of using a vehicle in a careless or inconsiderate manner or in a manner that causes alarm, distress or annoyance. A vehicle can also be seized under different provisions if it is being driven without insurance. There are, then, a number of powers, but particularly that section 59 power. I would expect all forces to use those powers to the fullest possible extent, and I know that Durham constabulary, to which my hon. Friend the Member for Darlington referred, is doing that as part of its Operation Endurance.

The hon. Gentleman also asked about registration and, I suppose, the associated question of insurance. If an off-road bike is ridden or used on a public road, it needs to be insured and licensed. However, the Government are not convinced that it would be reasonable to introduce a requirement for insurance or licensing—the requirement to have a number plate—for off-road bikes driven only on private property such as farmland. Although there are significant problems, the vast majority of people who use off-road bikes privately on farmland or their own land do so reasonably and lawfully, and we do not want to impose on those lawful and reasonable owners the extra costs, which could be quite significant, of either having to register and get a number plate or having to insure. We would prefer to focus on those off-road bikes and all-terrain vehicles that are used illegally on the roads because they are uninsured or unlicensed or because they are being driven in an antisocial manner.

Before I come on to the specifics of tackling off-road bikes, which is the topic of the debate, let me say that we are taking antisocial behaviour more widely very seriously.

[Nick Smith]

The issue of registration is important and does need working through. On the mountain tops of our valleys in south Wales, we have thousands of acres of common land, and that is where the illegal off-road bikers spend the majority of their time. They create a proper mess, and it is really awful—it destroys our environment. What is the best way of dealing with off-road bikers on common land, which is found across large parts of the UK?

[Chris Philp]

I thank the hon. Member for Blaenau Gwent for posing that question. I think that the requirement to have insurance under section 165 of the Road Traffic Act 1988 includes public places, and I will go away and find out whether common land counts as a public place, because that is potentially a relevant question. I will also look into whether the requirement to carry a licence plate applies just to those driving on public roads or whether it also applies on common land, which might be—I am not saying it is, but it might be—categorised as a public place. So I will look into the insurance and licence plate requirements for common land, which might be considered by the law as a public place, and write back to the hon. Gentleman with an answer. In relation to purely private land, I think that the comments I made earlier do stand.

[Peter Gibson]

The Minister referred to the disproportionate impact that may be felt by farmers who use off-road quad bikes in the management of their farm. Has any assessment of that been made by his Department or any other Department? Perhaps the National Farmers Union might be able to assist us with that. It is not uncommon for a farmer who uses his tractor primarily on his fields to have to go on a road. It is not uncommon for him to register his quad bike, because he may need to travel on roads. The impact a farmer would feel is perhaps relatively modest, and some further assessment could establish whether it is indeed a problem and a real barrier to the Government looking at registration. I appreciate that the Minister does not have the figures and statistics in front of him, but it would be great if he could come back to me on that point.

[Chris Philp]

I am grateful to my hon. Friend for his intervention. Some tractors, off-road bikes and ATVs are used on farms and private land and also on the road, so they do need to be insured and licensed, but quite a few vehicles—off-road bikes and ATVs, in particular—are used exclusively on private land. My hon. Friend suggested that we could consult the National Farmers Union to ascertain its opinion. If through his good offices, he could facilitate the NFU making contact with me to offer its opinion, I would listen to it carefully. If the NFU said that the proposal would have minimal impact on its members, I would give that some consideration. If the NFU does want to make such a representation, I would be happy to look at it.

During that intervention, I obtained some clarification on the question asked by the hon. Member for Blaenau Gwent. Common land counts as a public place for legal purposes. In a public place, which includes common land, a driver needs to carry registration plates and be insured. If someone is driving an ATV, such as a 4x4 quad bike or an off-road bike, on common land on top of a mountain or a large hill in the hon. Member’s constituency, or around the valleys, or anywhere else in the country for that matter, they should be licensed and insured. If they are not, that in itself is a breach of the law.

[Jill Mortimer]

I want to add to the comment made by my hon. Friend the Member for Darlington (Peter Gibson) about bikes. Having been a farmer myself, I know that most farmers have a farm policy: bikes, quads and things used around the farm are covered on their vehicle policy, so those vehicles are insured anyway. It is very rare to find a farm so large that a farmer would never have to go across a lane to move things from field to field, so most things are already licensed and insured. I think that the impact would be minimal.

[Chris Philp]

I would be interested to hear representations from the NFU or any others on that specific question, but I am grateful to my hon. Friend for sharing her experience as a former farmer.

As I was saying, we want to have zero tolerance of antisocial behaviour more widely because it blights communities. In the spring of last year, we launched an action plan with a number of measures, which are now being rolled out. One of those is providing extra funding in England and Wales—there may be a Barnett consequential for Northern Ireland as well—over and above the regular police funding settlement to enable hotspot patrols in every police force area. There is £66 million of extra money in total, and the amounts vary between a minimum of £1 million per force up to about £8 million or £9 million for the largest, which is the Met. We expect that to deliver over 1 million hours of hotspot patrolling in the next financial year—it will start in April. Where the scheme has been piloted, it has been shown to be very effective, reducing antisocial behaviour and violent crime by up to 30%.

I strongly urge any Members present and any colleagues watching to ask their local chief constable or police and crime commissioner to select any areas where they are worried about antisocial behaviour for hotspot patrolling, which will then happen regularly throughout the next financial year. It will be visible to the public, but also catch and deter antisocial behaviour. Where it has been piloted—in places such as Lancashire, Staffordshire and Essex—it has been very effective.

[Peter Gibson]

The Minister is being incredibly generous with his time, and I thank him for highlighting hotspot policing. Darlington has had hotspot policing allocated to seven of our key wards. We can see that increased policing, but it does not solve our ongoing issues with off-road bikes. We have two police officers out on patrol providing visible policing, but they cannot chase these bikes and they have no means of identifying them. Although I fully welcome the additional funding, resources and visible policing that hotspot patrolling brings, it will not solve the underlying problems with this particular offence.

[Chris Philp]

I am glad that my hon. Friend welcomes hotspot policing, which will provide an opportunity for officers patrolling on foot to report to their colleagues if they see off-road bikes being used.

Let me turn to the question of catching off-road bikers behaving antisocially, which has been raised by a number of Members. First, as I said, hotspot patrolling will help to identify those people so that help can be called in. Secondly, my hon. Friend the Member for Darlington made a point about 101 response times, which vary greatly by police force. Some are very good, and some are frankly terrible. From March this year—next month—we will be publishing tables of 101 response times, as we do already for 999 response times, to shine a light on which forces are doing well and which are not. I hope that that will include not just the answer time but the abandon rate—what percentage of incoming calls get abandoned. I hope that that will shine a light on the 101 issue and provide an opportunity for those forces that are doing badly to improve their performance dramatically.

We then come to the question of how we catch people after the incident has been reported or noticed. I know there are different policies in different police forces around pursuit and what is sometimes called tactical contact. That is an operational matter for police chiefs, but I would urge chief constables, within the law and the realms of a proper approach to safety, to pursue people on ATVs and off-road bikes. If we do not pursue them, the problem just escalates.

I am a London MP, and we do not really have this problem so much here, but we did have a slightly different version of it a few years ago. People were using mopeds to commit crimes such as stealing mobile phones and expensive handbags or stealing from a shop. They would flee on a moped because Metropolitan police policy at the time—this was about four or five years ago—was not to pursue if the person on the moped was not wearing a helmet. Word soon got around that this was the case, and so-called moped-enabled crime went through the roof because criminals knew that if they were on a moped with no helmet, they would not get chased—they would just get away.

I remember having meetings with the then commissioner of the Met and other London MPs about this, urging the then commissioner to change the policy and consider pursuing and on occasion even using tactical contact, which means physical contact to stop the person. Eventually, the problem got so bad that they did adopt a pursue policy and a carefully calibrated tactical contact policy, and the problem rapidly and dramatically reduced. I would ask all chief constables around the country to keep that example in mind. I understand that they do not want to cause an injury, but equally, if we do nothing and do not pursue, the problem snowballs and gets worse and worse.

There is more we can do on technology, which a number of Members, including the shadow Minister, the hon. Member for Nottingham North, mentioned. Using drones to pursue and track off-road bikes and ATVs is really important. We need to work with the Civil Aviation Authority to ensure that we can fly these drones beyond the line of sight. There are currently some restrictions, so I will meet the Civil Aviation Authority soon to try to get those relaxed for the purpose of law enforcement. I have met a company from America with a very interesting solution that is used by many American police departments, including the New York police department. They have autonomous drones that can fly to a specified location automatically, with a system that avoids crashing into buildings, electricity pylons, people and so on. I think they can even lock on to a target and pursue it automatically. They can provide video feedback to the control room. That technology solution will help us a lot.

[Alex Norris]

I knew the Minister would love that.

[Chris Philp]

It is excellent; the hon. Gentleman should definitely look at it. Once we have got the Civil Aviation Authority regulations modified, this autonomous drone technology has enormous potential.

I am delighted that the shadow Minister mentioned facial recognition. If we can get a picture of the miscreants mounted on the ATV or the off-road bike, we can run that through the retrospective facial recognition database and hopefully get a match. Even if they flee the scene, at least we will know who they are. As I have explained previously, the quality of the AI algorithm is now much better than it was, so the chances of getting a match are really quite high. [Interruption.] By the way, I apologise for my hoarse voice, Mrs Latham. I have a slight cough, as you can probably tell, so I am sorry if I am a little bit croaky.

Some Members have mentioned the problems with balaclavas. We are about to make an amendment on Report to the Criminal Justice Bill to change and expand the existing police power under section 60AA of the Criminal Justice and Public Order Act 1994, which concerns face coverings, including balaclavas. At the moment, the police can only ask someone to take off a balaclava or a face covering. They can make the request, but they must do that proactively, and then the person can drive off and put it back on. We will amend that so that it will be possible to require face coverings to not be used at all in particular areas, unless for medical or religious purposes. If there was a particular physical area, whether it was the top of a Welsh mountain or anywhere else, where face coverings were a problem, the police could potentially use the updated section 60AA power to say to people that they could not wear balaclavas or face coverings in that area. If a police officer then saw someone driving along, even if they were initially driving lawfully and safely and were registered, licensed and insured, and they had a face covering, perhaps because they intended to behave antisocially later on, the officer would have a basis on which to stop them. I hope that that is a change that colleagues will welcome at Report stage of the Criminal Justice Bill on the Floor of the House in a few weeks’ time.

I think I have covered a number of the points that have arisen during the debate. However, I will add one point around preventing these bikes from being stolen and then misused. I pay great tribute to my hon. Friend the Member for Buckingham (Greg Smith) for his private Member’s Bill, which became the Equipment Theft (Prevention) Act 2023 after receiving Royal Assent last July. Once we fully commence that Act, which we will do shortly, it will require all-terrain vehicles, among other things, to be forensically marked upon sale, with the forensic marking to be recorded in a register. It will also require an immobiliser to be fitted to such vehicles, which will make it much harder—I would not say impossible, but a lot harder—for these ATVs to be stolen and then misused for the purposes of antisocial behaviour. That would address this carousel issue, whereby ATVs or off-road bikes get stolen and then used antisocially, which the hon. Members for Strangford and for North Antrim, and my hon. Friends the Members for Hartlepool and for Darlington, all referred to.

Reference was also made to vehicle recovery charges, which are applied when a vehicle is taken off the road and seized by the police. Following a review, the Government made changes last year to increase those vehicle recovery fees by 28%, which will hopefully assist police forces in recovering the cost of taking such vehicles off the streets.

We now have record police officer numbers across England and Wales—more than we have ever had at any time in history. The numbers of officers allocated to particular local areas are also at a record level. The subset of that, which the shadow Minister likes to quote, is not 10,000 any more; it is a much, much lower figure, so he should update his figures. The number of officers allocated to local policing duties is at a record level, and we expect those officers not to be behind desks, because we are investing in technology to do a lot of the administration; we expect them to be on the street, visibly patrolling and catching criminals.

We consider all forms of crime to be serious, whether it is antisocial behaviour, criminal damage, reckless driving, as we have been discussing, or theft from shops. All of that needs to be taken seriously. The police need to patrol and make arrests for all those criminal offences. We have now given them the resources, combined with the over £900 million a year extra in the next financial year that will go to police and crime commissioners. The police have the resources and the officer numbers, and we are making sure that the law keeps up with these issues, so we expect robust action by the police on behalf of constituents.

I would like to conclude by thanking Members again for participating in the debate. There are some points to look at a little further, and I am very happy to do that. However, I conclude by again commending my hon. Friend the Member for Darlington for bringing this important issue to the attention of the House.

[Mrs Pauline Latham (in the Chair)]

I call Peter Gibson to wind up, but it will have to be brief, because we are going to vote soon.