Divisions during this debate:
The Committee divided: - Ayes: 2 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
Matt Vickers Portrait Matt Vickers
- Hansard - - - Excerpts

Requiring CCTV on the rail network to meet police access and retention standards could bring important benefits for public safety and criminal justice. Ensuring footage is readily accessible to the police would help to deter crime, enable faster investigations and support prosecutions with reliable evidence.

Victims and witnesses benefit when their accounts can quickly be corroborated, and cases are more likely to be resolved effectively. Standardising CCTV systems across train operators would also reduce inefficiencies, removing delays that can occur due to incompatible formats or outdated technology. In high-risk areas or busy urban transport hubs, this kind of clarity and consistency could make a real difference to public confidence and police capability.

No doubt some will argue that increased surveillance on public transport raises questions about privacy and civil liberties, particularly if passengers feel that they are being constantly monitored. Also, rail operators may face high financial and logistical burdens if they are required to overhaul existing CCTV infrastructure to meet new standards. For smaller operators in particular, the cost of compliance could be significant, potentially impacting service provision or ticket prices.

I would be grateful if the Liberal Democrats told us whether this requirement would apply to all train operating companies, including heritage railways and smaller, regional operators. What specific technical or operational standards would CCTV systems be expected to meet, and how would those be determined or updated over time? Have they reviewed how many operators already meet or fall short of the proposed standards, and what level of upgrade would typically be required? Have they assessed the financial implications for train operators, and would they expect any Government funding or support to assist implementation?

Diana Johnson Portrait The Minister for Policing and Crime Prevention (Dame Diana Johnson)
- Hansard - - - Excerpts

New clause 9 would introduce a requirement that all CCTV camera images on the railway be made immediately accessible to the British Transport police and the relevant local Home Office police force. I am sympathetic to the cases that the hon. Member for Sutton and Cheam, who speaks for the Liberal Democrats, shared with the Committee. I particularly sympathise with his plight and predicament when his saddle was stolen; having to cycle home without a saddle must have been incredibly painful, so I fully welcome the aims of this new clause. We know that lack of immediate access to railway CCTV camera images has been a significant issue for the British Transport police, as it may reduce their ability to investigate crime as quickly as possible. However, I do not believe that legislation is necessary to address the issue. Let me explain why.

My colleagues at the Department for Transport are looking to implement a system that will provide remote, immediate access for the BTP, Home Office forces and the railway industry where relevant. As I said, that does not need legislation. What is needed is a technological solution and the resources to provide for that. I am sure that the hon. Member will continue to press the case with the Department for Transport, and for updates on the progress of the work, but for now, I invite him to withdraw his new clause.

Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

In response to the specific comments from the Opposition spokesperson, the hon. Member for Stockton West, this measure relates entirely to existing footage and would allow access to existing footage. I thank the Minister for addressing the points made. At this point, are happy to withdraw the new clause. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 12

Domestic abuse aggravated offences

“(1) Any criminal offence committed within England and Wales is domestic abuse aggravated, if—

(a) the offender and the victim are personally connected to each other, and

(b) the offence involves behaviour which constitutes domestic abuse.

(2) In this section—

(a) ‘domestic abuse’ has the meaning given by section 1 of the Domestic Abuse Act 2021, and

(b) ‘personally connected’ has the meaning given by section 2 of the Domestic Abuse Act 2021.”—(Luke Taylor.)

Brought up, and read the First time.

Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

As things stand, there is no specific criminal offence of domestic abuse in England and Wales. Instead, such cases are prosecuted under a patchwork of broader offences: common assault, actual bodily harm and coercive control. While those charges may reflect elements of abuse, they too often fail to capture the sustained pattern nature of domestic violence.

The legal ambiguity has far-reaching consequences. Under the Government’s own SDS40—standard determinate sentences 40%—scheme, high-risk offenders, especially those who pose a continued threat to public safety, should be exempt from early release, but owing to the lack of specific domestic abuse offences, perpetrators charged under more general categories, such as common assault, remain eligible for early release. In effect, abusers walk free while their victims live in fear. That is not a technical oversight; it is a systemic failure, and it has rightly been challenged by Women’s Aid, Refuge, the Domestic Abuse Commissioner and other voices we cannot afford to ignore.

That is why I welcome both the proposed amendment to the SDS40 scheme and the Domestic Abuse (Aggravated Offences) Bill, brought forward by my hon. Friend the Member for Eastbourne (Josh Babarinde). That Bill would create a defined set of domestic abuse aggravated offences, recognising the context of abuse and making such offences clearly identifiable in the criminal justice system. If adopted, the reform would not only enhance the visibility of domestic abuse, but close the dangerous loopholes in relation to early release. It would bring the law into alignment with the lived experiences of victims and send a clear message: domestic abuse is not a private matter; it is a public crime and will be treated as such.

Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
- Hansard - - - Excerpts

I personally thank the hon. Member for Eastbourne for his tireless commitment to, and campaigning on, tackling domestic abuse. He is right to highlight the need to identify and track domestic offenders better in our justice system. It is a crucial issue. I welcome this important discussion and the many conversations that I have had with him in my ministerial office about how best to collaborate to achieve this.

New clause 12 seeks to introduce a new label, “domestic abuse aggravated”, which will apply to any offence where the offender and victim are personally connected and both aged 16 or over. Offences ranging from assault to fraud would be designated as domestic abuse aggravated where they met the statutory definition of domestic abuse. We recognise the intent behind the new clause and are deeply sympathetic to it; we agree that better categorisation and management of domestic abuse offenders is crucial. However, there are a number of important considerations that need to be carefully worked through to ensure that any new approach is effective and workable, and that it will actually help victims.

There are significant questions that need to be answered if we are to ensure that any reform strengthens, rather than complicates, our response to domestic abuse. While the new clause introduces a new label, it does not set out a clear mechanism for how the designation would be applied in practice. As proposed, it creates a category of domestic abuse offender by virtue of their offence, but does not set out legal or operational implications for charging or sentencing. Without clarity about its function, there is a risk that the provision will introduce unnecessary complexity in the legal framework, in particular through how it operates alongside the Sentencing Council’s existing guidelines, in which domestic abuse is already recognised as an aggravating factor. Courts therefore already consider imposing tougher sentences when an offence occurs in a domestic setting.

Despite those concerns, the hon. Gentleman raises an important issue, and one that I have discussed at length with the hon. Member for Eastbourne. I assure both hon. Members that work is under way across Government on how we can better identify domestic abuse offenders. This is a complex issue, and it is right that we take the time to ensure that any changes are robust and deliver meaningful improvements, but we are on the case.

The hon. Member for Eastbourne can rest assured that the Government are actively considering the issue. I would be glad to work with him—I extend that invitation to any Member of the House—on identifying the most effective way forward. While we do not believe the new clause is the right solution at this time, we welcome ongoing discussions on how best to improve the categorisation and tracking of domestic abuse offenders within the justice system. For those reasons, I ask that new clause 12 be withdrawn.

Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

We would like to press the new clause to a vote, please.

Question put, That the clause be read a Second time.

Division 20

Ayes: 2


Liberal Democrat: 2

Noes: 9


Labour: 9

New Clause 13
--- Later in debate ---
Matt Vickers Portrait Matt Vickers
- Hansard - - - Excerpts

New clauses 27, 96 and 98 seek to tackle the real and growing problem of tool theft from tradesmen. At this point, I declare an interest as the son of a builder. This country is built on the back of tradesmen. They are the small businesses that make a huge contribution to our economy and build the world around us. I have seen at first hand the nightmare that occurs when guys or girls in the trade get up at daft o’clock to go to work and earn a living, only to find that their van or lock-up has been broken into and their equipment stolen. They lose the equipment, their vehicle gets damaged and they lose a day’s work. In fact, they can lose days or weeks of work, and the nature of their employment often means that that is a real financial loss.

Not only do these hard-working people suffer that loss, but they know that little is done to stop this ever-increasing problem. I have spoken to tradesmen and key campaigners on this issue, such as Shoaib Awan and the team at Fix Radio, who have been standing up for tradesmen across the country, organising a rally in Westminster and ensuring that their voice is heard. Many people will have seen my good friend the shadow Justice Secretary, my right hon. Friend the Member for Newark (Robert Jenrick), raising this issue on GB News and talking about the failure of agencies to tackle it.

Shoaib has highlighted the fact that not only do people wake up to the consequences and costs of such thefts, but all too often, they go to a car boot sale at the weekend to see the thieves selling the stolen goods in broad daylight with little, if any, action from the police and trading standards. I ask anyone who does not think that these amendments are necessary to listen to Shoaib or watch the coverage on GB News, should they so wish. As more thieves get away with and profit from this crime, so its prevalence continues to increase. Since Sadiq Khan became mayor, tool theft in London has gone up by 60%. I hope Members will consider these amendments.

New clause 27 strengthens the deterrent effect of the Equipment Theft (Prevention) Act 2023 by aligning financial penalties with the real-world losses experienced by tradespeople and small businesses when their tools or equipment are stolen. The current enforcement provisions may result in fines that are disconnected from the actual harm caused, particularly to self-employed individuals or small and medium-sized enterprises, where the loss of equipment can be financially devastating. The new clause introduces a fairer and more effective approach by unequivocally requiring courts to impose fines that reflect the full replacement cost of the stolen equipment, the cost of repairing any damage done during the theft and the trading loss incurred while the equipment was unavailable, whether it be cancelled jobs, lost contracts or reputational harm.

Tool theft has reached crisis levels in the UK, with one in 10 tradespeople expected to experience tool theft this year alone. Many of the victims have already endured multiple incidents and, alarmingly, self-employed tradespeople are 38% more likely than their employed counterparts to fall victim to this type of crime. Yet, despite the prevalence of this crime, only 1% of stolen tools are ever recovered.

The consequences of tool theft go far beyond the immediate loss of equipment. Victims face an average cost of £2,730 to replace stolen tools, £1,320 in vehicle or property repairs and £1,900 in lost work and business disruption—a combined blow of nearly £6,000. More than four in five victims report a negative impact on mental health, with over one third describing it as “major”. That is no small issue, especially in an industry already suffering one of the UK’s highest suicide rates. More than 40% of victims say the theft has damaged their business reputation, and one in 10 say the reputational impact was significant. Frustration with the police and the legal response is widespread. Nearly one quarter of tradespeople—22.7%—do not even bother reporting tool theft to authorities, citing poor outcomes and a lack of follow-up.

According to figures from CrimeRate, Bristol has the highest rates of general crime, with 106 crimes per 1,000 residents, followed by West Yorkshire, Tyne and Wear and West Midlands. Those rates correlate with high levels of tool theft. The persistent threat of crime means that, for 68% of tradespeople, worrying about such theft is a daily reality. The new clause would not only ensure that victims are properly compensated, but send a strong message to offenders that equipment theft is not a low-risk crime. For many tradespeople, a single incident can lead to thousands of pounds in losses and days or weeks of missed work. The clause reflects a growing recognition that crimes affecting livelihoods must be met with penalties that match the seriousness and consequences of the offence. It supports victims, reinforces respect for the law and helps to protect the economic wellbeing of skilled workers across the country.

New clause 96 seeks to amend the Sentencing Act 2020 to make the theft of tools from a tradesman an explicit aggravating factor when courts are considering the seriousness of a theft offence under section 7 of the Theft Act 1968. The intention is to recognise the disproportionate harm caused when essential work tools are stolen from skilled tradespeople, many of whom rely entirely on their tools to earn a living. By requiring courts to treat such thefts more seriously and state that fact in open court, the clause ensures that sentencing properly reflects the real-world impact of those crimes. It improves public confidence in the justice system and sends a clear message that targeting workers in such a way will not be tolerated.

The UK’s skilled trade sector is essential to infrastructure, housing and national economic recovery, yet, when they are targeted by thieves, many tradespeople feel unprotected and underserved by the criminal justice system. By introducing this aggravating factor, Parliament would send a clear message that these crimes are taken seriously and that the justice system stands on the side of workers who keep our country running. The provision would also help to restore public confidence in sentencing, ensuring that punishment better reflects the real impact on victims.

New clause 96 would also bring greater consistency and transparency in sentencing by obliging courts to state in open court when a theft is aggravated by the fact that tools were stolen from a tradesman. The system reinforces public accountability and the principle that sentencing should consider not only the value of items stolen, but the importance to the victim’s life and work.

New clause 98 addresses a growing concern about the sale of stolen tradespeople’s tools at car boot sales and other temporary markets. Requiring local councils or trading standards authorities to implement an enforcement plan would ensure a more proactive and consistent approach to tackling the issue. Car boot sales and temporary markets, although important parts of local economies and communities, have become a common outlet for the sale of stolen tradesmen’s tools. These informal settings often have minimal regulatory oversight, making them attractive to criminals seeking to quickly offload high value items. Requiring councils to create enforcement plans would close this enforcement gap, helping to dismantle a key part of the stolen goods supply chain.

Tradespeople, many of whom are self-employed, are among those most affected by tool theft. Their tools are not just possessions; they are the means by which individuals earn a living. Stolen tools being resold at car boot sales with little oversight reinforces the cycle of crime and undermines legitimate business. A local enforcement plan will support hard-working tradespeople by increasing the risk for those attempting to profit from their misfortune.

Any Member who has taken the time to speak to affected tradespeople will have heard their overwhelming frustration at the lack of the lack of action at car boot sales, watching tools stolen from them being sold in front of their face in broad daylight with no action from the agencies. This new clause seeks to put that right. By requiring councils to plan enforcement at temporary markets, it would encourage more responsible behaviour among market organisers and set a baseline for due diligence, including vendor checks, co-operation with law enforcement and public awareness initiatives. Such expectations could help to preserve the integrity and trustworthiness of community markets without disrupting legitimate trade.

This is a common-sense, low-cost policy that leverages existing local authority structures. Many councils already have trading standards and enforcement teams in place able to take this on. This measure simply ensures that they will turn their attention to this persistent and growing problem. Enforcement plans could include scheduled inspections, information sharing with police and targeted education for both vendors and shoppers. This preventive approach could reduce the frequency of thefts by making it more difficult for criminals to profit.

The Equipment Theft (Prevention) Act 2023 set an important precedent in efforts to crack down on the theft of high-value tools and equipment. However, legislation is only effective when matched by local enforcement. This clause bridges the gap between law and local action, giving councils a clear duty and direction to enforce the law where the illicit trade is happening on the ground.

Local residents and small business owners often feel powerless in the face of persistent tool theft. Seeing their local councils take meaningful and visible action, such as regular enforcement of markets, could help to build trust in the system, sending a message that this type of crime is taken seriously and that steps are being taken at every level to protect those most vulnerable to its effect.

The new clause would help deter the resale of stolen goods, protect legitimate tradespeople from further victimisation and send a clear message that theft and resale will be actively policed at all levels. This targeted local action complements broader sentencing reforms and supports efforts to reduce tool theft across the UK.

New clause 32 seeks to amend the Sentencing Act 2020 and specifically targets the growing issue of rural crime by making the theft of high-value farming equipment a statutory aggravating factor in sentencing decisions. Under the proposed provision, when a court is considering the seriousness of a theft offence under section 7 of the Theft Act 1968, and the theft involves farming machinery or tools valued at £10,000 or more, it must treat the value and nature of the stolen property as an aggravating factor.

The theft of high-value farm equipment has a profound and often devastating impact on rural communities and agricultural businesses. These machines, such as tractors, GPS systems, harvesters and other specialised tools, are not only expensive to replace, but also critical to daily operations. When they are stolen, the immediate financial loss can exceed £10,000, but the broader consequences go much further. Farmers face significant disruption to their work, delayed harvesting or planting and reduced productivity, which can affect the entire food supply chain.

Many rural businesses operate on tight margins and such thefts can push them into financial instability or force them to cease operations temporarily. Beyond economics, these crimes erode confidence in rural policing and leave victims feeling vulnerable and targeted, especially in remote areas where support and security may already be limited.

The new clause would also require courts to explicitly state in open court that the offence has been aggravated by this factor. The intent is to reflect the serious disruption and financial harm caused by the theft of vital agricultural machinery such as tractors, GPS units or harvesters, which are essential for productivity and food security in rural communities. By making that an aggravating factor, the new clause aims to ensure that sentencing reflects the full impact on victims and serves as a more effective deterrent. I hope that the Government will consider backing our farmers and backing this new clause.

My hon. Friend the Member for Mid Buckinghamshire (Greg Smith) has undertaken a significant amount of work to help tackle tool and equipment theft, including the introduction of the Equipment Theft (Prevention) Act 2023 as a private Member’s Bill, to address the escalating issue of equipment and tool theft affecting tradespeople, farmers and rural businesses across England and Wales.

The 2023 Act empowers the Secretary of State to mandate that all new all-terrain vehicles such as quad bikes come equipped with immobilisers and forensic marking before sale. The measures aim to make stolen equipment less attractive to thieves and easier to trace. The Act could make a real and meaningful difference to the issues we are debating here. It received Royal Assent and is designed to deter theft and facilitate the recovery of stolen equipment. I would be grateful if the Minister could comment on the progress of enacting the measures set out in that Act.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I would be happy to do so, but first I must say how grateful I am to the hon. Member for Frome and East Somerset and to the hon. Member for Stockton West for setting out the rationale behind these new clauses.

New clause 13 seeks to extend the scope of the 2023 Act to include the theft of GPS equipment. Such equipment is often used in agricultural and commercial settings. We know the significant impact of thefts of agricultural machinery, in particular all-terrain vehicles, on individuals and businesses in rural areas, and the disruption to essential farming when these thefts occur. That is why we are committed to implementing the 2023 Act to help prevent the theft and resale of high-value equipment. We intend to introduce the necessary secondary legislation later this year, and we will be publishing the Government’s response to the call for evidence soon to confirm the scope of that legislation.

--- Later in debate ---
Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

The premise of the Minister’s point is effectively that sufficient legislation is already in place to combat these crimes. The response to an freedom of information request that I submitted to the Met police showed that in London, in the last five years, nine in 10 tool thefts went unsolved. The fact that that failure has been allowed to continue under the existing legislation suggests that legislation is not sufficient. I support the proposed new clauses because something needs to change to stop these incredibly damaging crimes, which are affecting not just the livelihoods, but the mental health of our valuable, essential tradespeople and their families.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I welcome that comment from the Liberal Democrat spokesperson. I and this Government recognise that theft is a crime, and that victims are immensely impacted by it—we heard earlier about the hon. Member’s own circumstances—but the legislation is adequate. As I have already said, we have robust legislation to tackle these crimes. What has been apparent over the last 14 years is a decimation of our public services, including our policing, which has meant that police do not have the resources that they need to investigate these crimes effectively. I am glad to say that this Government are changing that by recruiting and funding more police officers, including for the Met police, to ensure that we have the police to go after these criminals.

Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

The Minister has set me up nicely with that point, and I will come back to it later. The Met police are going to reduce their staff—including officers and police community support officers—by 1,700 next year. The Government are attempting to present a case that the legislation is sufficient at present, and that they are providing more officers and resources to police forces to combat the increase in these crimes. Whoever’s fault it was—and we all make points about the cause, the cuts, when the cuts started, and what conditions were prior to them—if the Met police will suffer the loss of 1,700 officers next year due to the funding situation, and the legislation is currently letting down tradespeople, I would gently push back that either the measures in the legislation or the resources are insufficient to solve an issue that we all generally agree exists today.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

The Policing Minister assures me that that figure for the number of cuts being made by the Met police is not correct. We are happy to debate that. I and this Government are still sufficiently certain that the legislation is robust in this area. We can debate the means that we have to tackle that but, as I have stated, this Government are funding more police resources to ensure that those who commit these crimes are being sought. In an earlier sitting of the Committee, we debated why it is so important to clarify and get right provisions for shop theft, so that the police have adequate equipment and resources to go after the perpetrators. These thefts are illegal but, for whatever reason, the crimes are not being pursued. We are determined to ensure, through our safer streets mission, that that problem is tackled, but the legislation that we have in place is robust.

Regarding the courts and the justice system, the Government do consider that the courts are already considering the impacts of such crimes when sentencing. The addition of the measures in the proposed new clauses would add unnecessary complications to the sentencing framework. Moreover, sentencing in individual cases should as far as possible be at the discretion of our independent judiciary, to ensure that sentences are fair, impartial and proportionate.

Finally, as I have already set out, any changes to the sentencing framework should take into account the sentencing review’s recommendations, which are due to be published shortly.

On new clause 98, I understand the frustration that many individuals feel when they see stolen equipment being sold at car boot sales and other informal markets. I reassure the shadow Minister that the Government take this issue seriously. However, we cannot support the clause in the absence of further policy work and engagement with relevant authorities to explore the best way to ensure that stolen equipment is not sold in informal market settings or at car boot sales.

Overall, I am sympathetic to the spirit of the new clauses, but I do not believe them to be necessary at this time. I reassure the Committee that this Government are fully committed to implementing the Equipment Theft (Prevention) Act 2023 to tackle the theft and resale of equipment.

Matt Vickers Portrait Matt Vickers
- Hansard - - - Excerpts

Can I take it that there is a commitment to doing something to clamp down on the situation with temporary markets and car boot sales? Also, will the Minister meet with Shoaib Awan, the gas fitter who has been campaigning on the issue, to discuss what that might look like and to hear the sector’s frustrations?

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

Yes, we are happy to meet with Shoaib Awan to discuss this, and yes, we have a commitment to looking at the situation more widely and at the issue directly. As someone who loves a car boot sale, I am keen to explore the question further.

I ask the shadow Minister to be patient for a little while longer as we finalise our plans for the implementation of the 2023 Act, and as we look into the issues in more detail to get the policy work right. On that basis, I ask hon. Members not to press their new clauses.

Anna Sabine Portrait Anna Sabine
- Hansard - - - Excerpts

I seek a quick clarification from the Minister. Was she saying that under the plans to implement the Equipment Theft (Prevention) Act, there may be scope within some secondary legislation to look at GPS thefts specifically? Did I understand that correctly?

Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

I rise to speak in support of new clause 13, as well as Conservative new clauses 27, 96 and 98. We had a long discussion on this issue, but it is worth repeating as often as possible that tool theft is a devastating crime that cost tradespeople more than £94 million last year.

Research from NFU Mutual shows that one in three tradespeople now live in constant fear of violent thieves. Some have been attacked with crowbars and other weapons just for trying to protect their tools from being ripped out of their vans. At the February rally in Parliament Square organised by Trades United, I heard from campaigners about tradespeople not letting their vehicles out of their sight, and about thieves cutting off the roofs of their vans to steal tools. It was heartbreaking. We hear about the impact on those tradespeople and their families, including suicides and mental health problems.

Despite the back and forth, I think we should make it absolutely clear that this issue needs to be addressed, and that powers must be given to the police and courts to treat it with the seriousness that it deserves. Tool theft is more than just standard assault or theft; it is an assault on tradespeople’s hard work and their livelihoods. It is time to acknowledge that danger to their entire livelihoods and lifestyles.

--- Later in debate ---
Matt Vickers Portrait Matt Vickers
- Hansard - - - Excerpts

Rural communities deserve the same protection, visibility and voice as those in urban areas, yet too often rural crime goes under-reported, under-resourced and underestimated. From equipment theft and fly-tipping to wildlife crime and antisocial behaviour, the challenges facing rural areas are distinct and growing. Having rural crime recognised in police structures and developing a specific taskforce could send a strong signal that rural communities matter, that their concerns are heard and that they will not be left behind when it comes to public safety.

However, although the new clause is clearly well-intentioned I would like to put some operational questions to those who tabled it, to ensure greater clarity. What assessment has been made of the additional resources that police forces might need to implement such a strategy effectively, particularly in already stretched rural areas? The new clause refers to the creation of new roles. The National Police Chiefs’ Council already has a rural crime lead and many police forces across the country already appoint rural crime co-ordinators. How would the suggested additional roles be different?

How does the new clause balance the need for a national strategy with the operational independence and local decision making of police and crime commissioners? Is there a clear definition of what constitutes a rural area for the purposes of this strategy? How will this be applied consistently across the country? I am interested to hear the answers, but would be minded to support the new clause if it was pressed to a Division.

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

As the hon. Member for Frome and East Somerset set out, new clause 14 would require the Government to establish a rural crime prevention taskforce. Let me first say that the Government take the issue of rural crime extremely seriously, and that rural communities matter. I want to outline some of the work going on in this area.

I take the opportunity to acknowledge the vital role that the national rural crime unit and the national wildlife crime unit play in tackling crimes affecting our rural areas, as well as helping police across the UK to tackle organised theft and disrupt serious and organised crime. Those units have delivered a range of incredible successes. The national rural crime unit co-ordinated the operational response of several forces to the theft of GPS units across the UK, which resulted in multiple arrests and the disruption of two organised crime groups. The unit has recovered over £10 million in stolen property, including agricultural machinery and vehicles, in the past 18 months alone.

The national wildlife crime unit helped disrupt nine organised crime groups, with a further nine archived as no longer active, as well as assisting in the recovery of £4.2 million in financial penalties. It also oversees the police national response to hare coursing, which has resulted in a 40% reduction in offences.

I am delighted to say that the national rural crime unit and the national wildlife crime unit will, combined, receive over £800,000 in Home Office funding this financial year to continue their work tackling rural and wildlife crime, which can pose a unique challenge for policing given the scale and isolation of rural areas. The funding for the national rural crime unit will enable it to continue to increase collaboration across police forces and harness the latest technology and data to target the serious organised crime groups involved in crimes such as equipment theft from farms. The national wildlife crime unit will strengthen its ability to disrupt criminal networks exploiting endangered species both in the UK and internationally with enhanced data analysis and financial investigation, helping the unit to track illegal wildlife profits and to ensure that offenders face justice.

The funding comes as we work together with the National Police Chiefs’ Council to deliver the new NPCC-led rural and wildlife crime strategy to ensure that the entire weight of Government is put behind tackling rural crime. That new strategy is expected to be launched by the summer. We want to ensure that the Government’s safer streets mission benefits everyone, no matter where they live, including those in rural communities. This joined-up approach between the Home Office, the Department for Environment, Food and Rural Affairs and policing, as well as the confirmed funding for the national rural crime unit and the national wildlife crime unit, will help to ensure that the weight of Government is put behind tackling rural crimes such as the theft of high-value farm equipment, fly-tipping and livestock theft.

Given the work already ongoing in this area, I believe that the Liberal Democrat new clause is unnecessary, and I urge the hon. Member for Frome and East Somerset to withdraw it.

Anna Sabine Portrait Anna Sabine
- Hansard - - - Excerpts

I want to come back on some of the questions asked by the Opposition spokesperson, the hon. Member for Stockton West. He asked about the resources that would be required to implement the strategy. Having spoken to the rural police force in my area, my understanding is that the issue is not necessarily one of rural officers being under-resourced, although more resource clearly would be helpful; it is actually to do with how those officers are allocated. For example, in Frome we have a rural crime team, but because of a lack of neighbourhood policing, if there is an incident in Frome on an evening—a fight outside a pub, for example—rural officers are deployed to go and deal with that rather than fighting rural crime. One of the challenges for those officers is that they are not actually allowed to do the job they are trained for, because they are covering for other areas.

The hon. Gentleman asked why the strategy was necessary when we already have various regional rural crime leads. The reason is that we need to ensure that rural crime is seen to be significant nationally—we need to have a national push and develop some strategies to tackle it. I welcome what the Minister said about that.

The shadow Minister’s third question was about defining rural areas. We are quite good at defining them now, so I am not sure why we could not continue to define rural crime areas in the way that constabularies do currently, but we could look at that.

I welcome the Minister’s comments on what is clearly a growing Government drive to take rural crime seriously. I do not doubt any of her figures about the reduction of crimes such as hare coursing. All I would say is that farmers in my constituency are really not reporting crimes, and I worry that crime figures are dropping simply because crime is not being reported, not because it is not occurring. The longer rural crime is not taken seriously, the more those numbers will drop.

Question put, That the clause be read a Second time.

Division 21

Ayes: 6


Conservative: 4
Liberal Democrat: 2

Noes: 9


Labour: 9

--- Later in debate ---
Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I will respond directly to the points that have just been made about the Metropolitan police. It is worth reminding ourselves that the Metropolitan police are the best-funded part of policing in England and Wales. They constitute around 25% of policing, and this year they are receiving up to £3.8 billion to provide policing in London—it is worth reflecting on that. They have also received, as has every other police force, additional money to fund neighbourhood policing. I have had reassurance from the Met that the money will actually go into neighbourhood policing, which I think is worth saying.

While I fully appreciate what the hon. Member for Sutton and Cheam is concerned about for his constituents, it has to be made clear that we have just come out of 14 years, many of which were years of austerity. I do not wish to labour the point, but the hon. Gentleman’s party was involved in the first five years of austerity, when cuts to the public services were most acute and severe. We are now at the end of that period and this Labour Government are trying to put money back into policing. I have been very clear that more money is going into the Metropolitan police and into every other police force, to build up neighbourhood policing in particular. A little bit of humility on the part of the Liberal Democrats might be helpful.

Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

Again, I invite the Minister to respond to the specific point about the 1,700 fewer officers in London. Whatever the circumstances, people today are concerned about crime, including tool theft and sexual offences. We can argue back and forth about the note from the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne), which said that there was no money left, about austerity or about how long memories go back. If there are to be cuts to the number officers next year in my constituency of Sutton and Cheam, and across London, let us address the issues at hand about how we mitigate the impact on our residents tomorrow.

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I hear the hon. Gentleman’s point loud and clear. All members of this Committee are concerned about crime and want to ensure that crime goes down, that victims are supported and that the police are properly funded. We can probably all agree on that in this Committee. On the particular point about the Metropolitan police, I dispute the numbers that he has given. He is right that there will be a loss of PCSOs and police officers in ’24-25, but my understanding is that it is around 1,000, not 1,700. Subject to what happens in the spending review, we will have to look at what happens in future years.

The Metropolitan police have not had the necessary funding for years, which is why they are having to make some really tough decisions. Nobody wants to see a reduction in police officer numbers—I certainly do not, as the Policing Minister. The Home Secretary and I are working to do everything that we can to support police forces and not see reductions in PCSOs and police officers.

New clauses 15 and 16 seek to legislate for minimum levels of neighbourhood policing. I certainly agree with what the hon. Member for Frome and East Somerset said about the need to address the lamentable decline in neighbourhood policing since 2010, which we can all see, but legislating in the way that she proposes is unnecessarily prescriptive and risks imposing a straitjacket on the Home Office, police and crime commissioners and chief officers.

The Government are already delivering on our commitment to restore neighbourhood policing. We have already announced that police forces will be supported to deliver a 13,000 increase in neighbourhood policing by the end of this Parliament. By April ’26, there will be 3,000 more officers and PCSOs working in neighbourhood policing than there are today. This is backed up by an additional £200 million in the current financial year, as part of the total funding for police forces of £17.6 billion, which is an increase of £1.2 billion compared with the ’24-25 police funding settlement.

Additionally, the neighbourhood policing guarantee announced by the Prime Minister on 10 April sets out our wider commitment to the public. As part of that guarantee, every neighbourhood in England and Wales will have dedicated teams spending their time on the beat, with guaranteed police patrols in town centres and other hotspot areas at peak times, such as a Friday and Saturday night. Communities will also have a named, contactable officer to tackle the issues facing their communities. There will be a dedicated antisocial behaviour lead in every force, working with residents and businesses to develop tailored action plans to tackle antisocial behaviour, which we all know has blighted communities.

Those measures will be in place from July this year, in addition to the new neighbourhood officers, whom I have already mentioned, who will all be in their roles by next April. Finally, through the Government’s new police standards and performance improvement unit, we will ensure that police performance is consistently and accurately measured. The work of the unit will reinforce our commitment to transparency through the regular reporting of workforce data and the annual police grant report.

I wholeheartedly support the sentiment behind the new clauses. We absolutely need to bolster neighbourhood policing, reverse the cuts and set clear minimum standards of policing in local communities. Working closely with the National Police Chiefs’ Council, the policing inspectorate, the College of Policing and others, we have the levers to do that. Although the new clauses are well intentioned, I do not believe that they are necessary, so I invite the hon. Member to withdraw the motion.

Anna Sabine Portrait Anna Sabine
- Hansard - - - Excerpts

The shadow Minister, the hon. Member for Stockton West, made a couple of points. The first related to who would set the levels of neighbourhood policing under the new clause. Our proposal is that it would be the Home Office, in discussion with local police forces and local councils—the people who know their area best. I can easily see that there would be a way of doing community engagement through councils as part of that discussion, which is another point that he made.

Of course it is important for local police and crime commissioners to have flexibility, but there is a problem with the lack of structure around the numbers for neighbourhood policing. In my constituency, if a big issue, event or activity happens in Bristol, a lot of the local police get taken off there, and we lose our neighbourhood policing. It is similar point to the one that was made earlier.

I welcome the Minister’s response, which was thoughtful as always, and I appreciate the commitment that the Government are making to neighbourhood policing. I hear all of that, but we will still press both new clauses in the group to a vote.

Question put, That the clause be read a Second time.

Division 22

Ayes: 2


Liberal Democrat: 2

Noes: 9


Labour: 9

New Clause 16
--- Later in debate ---

Division 23

Ayes: 2


Liberal Democrat: 2

Noes: 9


Labour: 9

New Clause 17
--- Later in debate ---
Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I thank the hon. Member for Frome and East Somerset for explaining the intention behind new clauses 17 and 18. The Government have been clear that water companies must accelerate action to reduce pollution to the environment. Ofwat, as the independent economic regulator of the water industry, sets water companies’ performance commitments, including those on pollution incidents, in the five-yearly price review process.

Where those performance commitments are not met, companies can incur financial penalties, which are returned to customers through lower bills in the next financial year. As a result of underperformance in the 2023-24 financial year, Ofwat is requiring companies to return £165.2 million to customers. Ofwat has just expanded those performance commitments further for the 2025-2030 period to include storm overflow spills and serious pollution incidents. That means that the regulator is already punishing water companies for failing to meet their pollution commitments.

Furthermore, the Water (Special Measures) Act 2025, which received Royal Assent earlier this year, significantly strengthens the power of the regulators and delivers on the Government’s commitment to put failing water companies in special measures. The Act introduced automatic penalties on polluters, and will ban bonuses for water company executives if they fail to meet adequate standards. Before introducing secondary legislation to implement automatic penalties, the Government will consult on the specific offences that will be in scope, and on the value of the penalties.

On the subject of senior management liability, the Water (Special Measures) Act creates a statutory requirement for all water companies to publish annual pollution incident reduction plans. The plans will require companies to set out clear actions and timelines to meaningfully reduce the frequency and seriousness of pollution incidents. Both the company and the chief executive will be personally liable for ensuring a compliant plan and report is published each year. In addition, measures from the Act, which came into force on 25 April, introduce stricter penalties, including imprisonment, where senior executives in water companies obstruct investigations by the Environment Agency and the Drinking Water Inspectorate.

The new clauses would cut across the recently strengthened regulatory regime, with enhanced penalties for the water companies that fail to live up to their obligations and increased powers for the regulator. Given that, the new clauses are unnecessary; indeed, they would add complexity and uncertainty in the regulatory process. For those reasons, I ask the hon. Member to withdraw the motion.

Anna Sabine Portrait Anna Sabine
- Hansard - - - Excerpts

I enjoyed the new clauses being called headline grabbing. They are certainly headline grabbing; the whole issue of sewage in our waters has been massively headline grabbing, because the public feel incredibly strongly that our waterways, and the rivers that we use and want to swim in, should not be full of sewage pumped out by private water companies. I think many members of the public would welcome a slightly more punitive approach than we saw under the last Government.

In terms of being unworkable, I think the new clauses are very practical and measurable—I am not sure in what way they are unworkable. Turning to the Minister’s comments, the Lib Dems have said that we welcome many of the directions taken in the Water (Special Measures) Act 2025, but we do not feel it goes far enough. Banning bosses’ bonuses is not the same as making them criminally responsible for some of the actions they are taking in terms of environmental negligence. Again, we will press both new clauses in the group to a vote.

Question put, That the clause be read a Second time.

Division 24

Ayes: 2


Liberal Democrat: 2

Noes: 9


Labour: 9

New Clause 18
--- Later in debate ---

Division 25

Ayes: 2


Liberal Democrat: 2

Noes: 9


Labour: 9

New Clause 19
--- Later in debate ---
Matt Vickers Portrait Matt Vickers
- Hansard - - - Excerpts

When deployed responsibly and with appropriate safeguards, facial recognition technology is an incredibly valuable tool in modern policing and public protection. It is already being used to identify serious offenders wanted for violent crime, terrorism and child exploitation; to locate vulnerable individuals, including missing children at risk; and to enhance safety in high-risk environments such as transport hubs, major events and public demonstrations. It enables rapid real-time identification without the need for physical contact—something that traditional methods, such as fingerprinting and ID checks, cannot provide in fast-moving situations. It can accelerate investigations, reduce resource demand and ultimately make public spaces safer.

The technology is improving in accuracy, especially when governed by transparent oversight, independent auditing and clear operational boundaries. I would be grateful for further comments on whether the hon. Member for Sutton and Cheam and the Government feel that this proposed regulation of this crucial technology could limit the ability of law enforcement to respond swiftly to emerging threats or intelligence-led operations.

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I am grateful to the hon. Member for Sutton and Cheam for setting out the case for introducing new safeguards for the use of live facial recognition. I agree there need to be appropriate safeguards, but the issue requires careful consideration and I do not think that it can be shoehorned into this Bill.

I say strongly to the hon. Member that live facial recognition is a valuable policing tool that helps keep communities safe. If I may say so, I think that some of his information is a little out of date. Despite what he implied, the use of facial recognition technology is already subject to safeguards, including, among others, the Human Rights Act 1998 and the Data Protection Act 2008.

I fully accept, however, that there is a need to consider whether a bespoke legislative framework governing the use of live facial recognition technology for law enforcement purposes is needed. We need to get this right and balance the need to protect communities from crime and disorder while safeguarding individual rights. To that end, I have been listening to stakeholders and have already held a series of meetings about facial recognition, including with policing, regulators, research institutions, civil society groups and industry, to fully understand the concerns and what more can be done to improve the use of the technology.

I will outline our plans for facial recognition in the coming months. In the meantime, I hope that the hon. Member, having had this opportunity to air this important issue, will be content to withdraw his new clause.

Luke Taylor Portrait Luke Taylor
- Hansard - - - Excerpts

Based on the comments and reassurances, I will be happy to withdraw the new clause. I would be interested in being involved in any discussions and updates as they come forward. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 22

Duty to follow strategic priorities of police and crime plan

“(1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(2) In section 8(1) (Duty to have regard to police and crime plan), for ‘have regard to’ substitute ‘follow the strategic priorities of’.

(3) In section 8(2) for ‘have regard to’ substitute ‘follow the strategic priorities of’.

(4) In section 8(3) for ‘have regard to’ substitute ‘follow the strategic priorities of’.

(5) In section 8(4) for ‘have regard to’ substitute ‘follow the strategic priorities of’.”—(Matt Vickers.)

This new clause would require Police and Crime Commissioners to follow the strategic priorities of the police and crime plan rather than have regard to it.

Brought up, and read the First time.

--- Later in debate ---
Police and crime plans are regularly reviewed and updated in consultation with local communities and partners. The new clause would ensure that, once priorities are agreed, they are not sidelined, but instead become the backbone of local policing strategy. The new clause would strengthen the link between the democratic mandate of the police and crime commissioner, and the operational activity of police forces. It would ensure that the police and crime plan is not a token document, but a guiding framework for strategic decision making. By reinforcing the duty to follow agreed priorities, the new clause would enhance accountability, improve public trust and support the delivery of better, more responsive policing.
Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I thank the shadow Minister for tabling the new clause. As hon. Members will be aware, those vested with responsibility for providing democratic oversight of police forces—whether PCCs or mayors with PCC functions—have an important role in policing across England and Wales. They are responsible for holding their chief constable to account for the performance of their force and for setting, through their police and crime plan, their strategic objectives for the area. In setting police and crime plans, PCCs must consult their chief constable, the public and victims of crime in their area, as well as their local police and crime panel. As the directly elected representatives for policing in their area, PCCs have a choice as to how they implement their plan and the weight they give to each priority.

The new clause would have the effect of placing an inflexible duty on PCCs to follow their own priorities, with no ability to adapt to and reflect changing circumstances. The new clause would also encroach on the operational independence of chief constables. It risks constraining chief constables and the officers under their command, limiting their ability to balance local priorities as set out in the police and crime plan with their own assessment of threat, risk and harm.

In setting their police and crime plan, PCCs and chief constables must also have regard to the strategic policing requirement. If the amendments to the 2011 Act set out in the new clause were made, they would also have the effect of creating an inconsistency, making local police and crime plans the most important instrument for PCCs and others to follow, potentially at the expense of national priorities. The Home Secretary and I have been clear that the Government will work with PCCs and chief constables to set clear expectations for policing on performance and standards, and to ensure that our communities have an effective and efficient police force within their force area.

Through our forthcoming police reform White Paper, we are working closely with policing to explore and develop specific proposals to deliver effective and efficient police forces and to address the challenges faced by policing. That includes ensuring that policing is responsive to national and regional priorities, as well as to local needs. The Home Secretary will set out a road map for police reform in a White Paper to be published later this year, which will consider proposals to strengthen the relationship between PCCs and chief constables in a revised policing protocol. For those reasons, I invite the shadow Minister to withdraw his new clause.

Question put, That the clause be read a Second time.

Division 26

Ayes: 6


Conservative: 4
Liberal Democrat: 2

Noes: 9


Labour: 9

New Clause 23
--- Later in debate ---

Division 27

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 24
--- Later in debate ---

Division 28

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

--- Later in debate ---

Division 29

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 26
--- Later in debate ---

Division 30

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 27
--- Later in debate ---

Division 31

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 28
--- Later in debate ---

Division 32

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

--- Later in debate ---
Used transparently and proportionately, stop and search can be a legitimate and effective tool in reducing violence. Clear communication about the rationale for its use, including public notifications when section 60 is authorised, helps to build trust in its deployment. Lowering the threshold would not undermine public confidence if the powers are exercised responsibly. Proposed new clause 35 is a measured and operationally meaningful change. It preserves the structure and safeguards of section 60, while allowing earlier, more effective intervention in response to anticipated violence. In so doing, it would strengthen the ability of the police to keep the public safe, particularly in urban areas, where violence may escalate quickly, and ensure that the law better matches the practical needs of modern policing, without compromising accountability or fairness.
Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I thank the hon. Member for his suggestions about the police response to violence and other serious offending. However, I believe that the changes contained in the proposed new clauses are unnecessary.

Regarding proposed new clause 29, I agree that transparency is important. That is why the Home Office already annually publishes extensive data on police recorded crime and the use of police powers. That data includes the number of stop and searches conducted, broken down by individual community safety partnership and police force areas. In addition, members of the public have access to detailed crime and stop and search maps on police.uk, which use monthly data directly provided by police forces. Police forces also publish detailed information on deployments of live facial recognition.

Turning to proposed new clause 35, I note that stop and search is a vital tool for tackling crime, particularly knife crime, but it must be used in a fair and effective way. That is particularly true of section 60 powers, which are the focus of the proposed new clause. Such powers may be authorised under certain conditions in response to, or anticipation of, serious violence, and allow officers to search individuals without the normal requirement for reasonable suspicion. The powers are rightly subject to strict constraints.

In practical terms, changing the threshold from “serious violence” to “violence” would not represent a meaningful change. Section 60 provides powers to search for offensive weapons or dangerous implements, and any use of such items is, by definition, serious violence. In the year to March 2024, the latest for which data is available, 5,145 stop and searches were undertaken in England and Wales under section 60 powers. They resulted in 71 people being found carrying offensive weapons and 212 arrests made on suspicion of a range of offences. I therefore urge the hon. Member to withdraw his proposed new clause.

Question put, That the clause be read a Second time.

Division 33

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 30
--- Later in debate ---

Division 34

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 31
--- Later in debate ---

Division 35

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

--- Later in debate ---

Division 36

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 33
--- Later in debate ---
Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I thank the hon. Member for Stockton West for tabling new clause 33.

It might be helpful for hon. Members if I briefly explain how the Criminal Damage Act 1971 works. The Act criminalises a range of activities, but the offence we are focused on today is the act of destroying or damaging property belonging to another without lawful excuse. “Lawful excuse” is not defined. However, section 5(2)(a) makes it clear that if the defendant honestly believes that the person who was entitled to consent to the destruction or damage has given consent, or would have consented if they knew of the circumstances, the defendant has a lawful excuse. For example, it could be said that someone has a lawful excuse if the owner of a car would have consented to their damaging it to help a person who was trapped in it to get out.

Additionally, under section 5(2)(b) of the 1971 Act, if the defendant damages property to protect their own or someone else’s property, and they honestly believe both that the property needs immediate protection and that their actions are reasonable, they have a lawful excuse. Section 5(3), to which the new clause relates, specifies that it does not matter whether a person’s belief is reasonable or justified. It just needs to be honest, even if it is an honest belief induced by intoxication, stupidity or forgetfulness.

The new clause seeks to change the law so that where a defendant seeks to rely on belief in consent, or belief in the necessity of protecting property as a lawful excuse for criminal damage, their belief must be “reasonable” as well as honest. This would narrow the application of the defence, and we consider doing so unnecessary. The law is already designed to strike the right balance and ensure that a wide variety of factors are taken into account, without widening the law too far.

For example, if a defendant tries to argue that a person would have consented to the damage of their property if they had known the circumstances, they need to demonstrate how that relates specifically to the damage caused. Some assessment of the wider context will be necessary to determine whether someone has a lawful excuse.

Recent cases involving damage to property following protests have also interpreted the operation of this defence narrowly. For example, acting in furtherance of a protest cannot be used as a lawful excuse where the damage caused is more than minimal for public property. We cannot see any evidence or rationale that suggests that the defence is being used in spurious contexts or abused in any way. Of course, if the hon. Member has specific evidence or examples, we would, of course, consider them. Until then, there is no justification or need to restrict the operation of the defence further. For that reason, I urge him to withdraw the new clause.

Question put, That the clause be read a Second time.

Division 37

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 34
--- Later in debate ---

Division 38

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

--- Later in debate ---

Division 39

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 36
--- Later in debate ---

Division 40

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 37
--- Later in debate ---

Division 41

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 38
--- Later in debate ---
Matt Vickers Portrait Matt Vickers
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

The new clause would mandate that the Secretary of State, through regulations, grant police access to His Majesty’s Revenue and Customs’ tobacco track and trace system. Such access would enable law enforcement to determine the provenance of tobacco products sold by retailers, specifically to identify whether those products were stolen. According to HMRC, the illicit market in tobacco duty and related VAT was £2.8 billion in 2021-22, preying on the most disadvantaged of communities. In 2023, about 6.7 billion counterfeit and contraband cigarettes were consumed, representing one in four cigarettes, thus undermining progress towards a smoke-free England by 2030.

With the negative impact that the illicit tobacco market has on communities and with UK revenue in mind, it is paramount that our police forces be provided with the resources required to counter the organised crime groups that dominate the illicit tobacco market. The sale of illicit tobacco on the black market also poses significant risks to public health, with illegal tobacco often containing five times the standard level of cadmium, six times as much lead, 1.6 times more tar and 1.3 times more carbon monoxide than regulated cigarettes and rolling tobacco.

The illicit tobacco market poses significant challenges, including revenue loss for the Government and health risks for consumers. Professor Emmeline Taylor’s report, “Lighting Up”, emphasises the potential of TT&T in identifying and prosecuting offenders involved in the illegal tobacco trade. Granting police access to TT&T would strengthen efforts to dismantle organised crime networks profiting from counterfeit tobacco sales.

Giving the police access to TT&T technology has the potential to disrupt the illicit tobacco trade and has been highlighted by the National Business Crime Centre, which argues that police utilisation of TT&T would allow them to routinely check tobacco sold by local retailers to ensure legitimacy, thus shrinking the pool of buyers for criminal gangs and lowering demand for stolen tobacco, helping police to tackle organised crime and safeguard legitimate business.

As a signatory to the World Health Organisation’s framework convention on tobacco control, the UK is obligated to implement measures that curb illicit tobacco trade. Providing police with TT&T access aligns with those commitments by enhancing the traceability and accountability of tobacco products throughout the supply chain. Illicit tobacco sales undermine legitimate retailers who comply with regulations and pay due taxes. Empowering police to identify and act against illegal tobacco products helps to level the playing field, ensuring that law-abiding businesses are not disadvantaged by competitors engaging in unlawful practices.

With that in mind, the Opposition believe that new clause 38, which would grant police access to the UK TT&T system to help determine whether a retailer has obtained stolen or counterfeit tobacco illegally, is necessary to facilitate the police in carrying out their duty in delivering the current plans for smoke-free England 2030. It will help to claim back revenue currently lost to the black market trade of tobacco and protect public health by disrupting the trade in these bogus products.

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

New clause 38 seeks to grant the police access to the tobacco track and trace system, as we have just heard. The scourge of the illicit tobacco trade threatens the health of UK citizens, robs the public purse of billions of pounds and funds the wider activities of organised crime. All businesses in the tobacco supply chain are required to register within the track and trace system, and individual tobacco products are tracked from the point of manufacture up to the point of retail. The track and trace system includes a reporting platform that enables nominated authorities to access registry data, traceability data for individual products and UK-wide tobacco market data.

I understand the intention behind the shadow Minister’s new clause, and I know that we both share the same goal of working with our law enforcement agencies to tackle illicit tobacco. The principle of maximising the use of traceability data in these efforts to tackle illicit tobacco is sound. Existing legislation strictly limits who can access traceability and the purposes for which it may be used. At the moment, only HMRC and trading standards may access this data.

I reassure the Opposition that engagement is already under way between the police and HMRC to investigate opportunities for extending access for the police to traceability data. When that engagement is complete, the Government will consider whether it is appropriate to bring forward any necessary legislative changes. However, I do not wish, at this stage, to pre-empt the outcome of that engagement through legislation. In the light of those reassurances, I ask the shadow Minister to withdraw the motion.

Question put, That the clause be read a Second time.

Division 42

Ayes: 6


Conservative: 4
Liberal Democrat: 2

Noes: 9


Labour: 9

New Clause 39
--- Later in debate ---

Division 43

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 40
--- Later in debate ---

Division 44

Ayes: 4


Conservative: 4

Noes: 9


Labour: 9

New Clause 41
--- Later in debate ---
Matt Vickers Portrait Matt Vickers
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

The new clause would introduce a new statutory offence of soliciting prostitution in exchange for rent by inserting proposed new section 52A into the Sexual Offences Act 2003. It would criminalise the act of causing, inciting or attempting to cause or incite someone to engage in prostitution in return for free accommodation or discounted rent. The clause makes this a hybrid offence: on summary conviction, the penalty is up to six months’ imprisonment or a fine; on indictment, it is up to seven years’ imprisonment. It would also allow for a banning order under the Housing and Planning Act 2016, preventing convicted offenders from acting as landlords.

The “sex for rent” arrangement—where landlords exchange accommodation for free or at a discount in return for sexual relations with tenants—is a problem that has become increasingly common for house hunters in England, particularly in London. In response to this emerging issue, the last Government launched a call for evidence, which closed in the summer of 2023. It sought views on relevant characteristics, circumstances and any additional protective or preventive measures that respondents considered necessary. Given the seriousness of the issue, it would be helpful to know whether the Government intend to publish the findings from this call for evidence, as some of the data could inform debates such as this one.

According to research by polling company YouGov carried out on behalf of the housing charity Shelter, nearly one in 50 women in England have been propositioned for sex for rent in the last five years, with 30,000 women offered such housing arrangements between March 2020 and January 2021. Many victims of sex-for-rent schemes feel trapped, ashamed or powerless to report the abuse due to their dependency on accommodation. By clearly defining this as a criminal offence and providing real consequences for offenders, including banning orders, this clause sends a strong message: exploitation through coercive housing arrangements will not be tolerated.

The charity National Ugly Mugs, an organisation that works towards ending all violence towards sex workers, gave the case study of a tenant who, during the pandemic facing financial hardship, was approached by her landlord with a proposal to reduce her rent and utility costs in exchange for sexual acts and explicit images. Unable to afford alternative accommodation at the time, she felt she had little choice but to agree. Since then, the landlord has regularly turned up at the property uninvited and intoxicated, demanding sex and refusing to leave. She has lived under the constant threat of eviction and homelessness if she does not comply with his demands. The new clause represents a crucial advance in safeguarding vulnerable individuals from exploitation within the housing sector. By explicitly criminalising the act of soliciting sexual services in exchange for accommodation, it addresses a significant gap in the current legal framework.

The new clause would not only reinforce the seriousness of such offences through stringent penalties, but would empower authorities to impose banning orders, thereby preventing convicted individuals from further exploiting their position as landlords. This measure would send a clear and unequivocal message that leveraging housing and security for sexual gain is a reprehensible abuse of power that will not be tolerated. It would underscore a commitment to protecting the dignity and rights of tenants, ensuring that all individuals have access to safe and respectful living conditions.

Jess Phillips Portrait The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)
- Hansard - - - Excerpts

New clause 41, tabled by the hon. Member for Stockton West, would make it an offence to provide free or discounted rent in exchange for sex. I reassure the hon. Member that the Government firmly believe that the exploitation and abuse that can occur through so-called sex-for-rent arrangements has no place in our society. However, we have existing offences that can and have been used to prosecute this practice, including causing or controlling prostitution for gain.

I know the hon. Member will appreciate that this is a complex issue. I reassure the Committee that the Government will continue working closely with the voluntary and community sector, the police and others to ensure that the safeguarding of women remains at the heart of our approach. We are carefully considering these issues as part of our wider work on violence against women and girls. We are working to publish the new cross-government violence against women and girls strategy later this year. We will be considering all forms of adult sexual exploitation and the findings from the previous Government’s consultation on sex for rent as part of that.

Given that commitment, I hope the hon. Member will be content to withdraw the new clause, although I very much doubt that he will. On that note, I have tabled many Opposition amendments, but I very rarely pushed them to a vote. On this new clause, as on any others, the hon. Member or any other Members of his party are very welcome to approach us for a meeting, or to come and talk to any of us about how to progress this or any issue. I do not wish to school them on opposition, but that is a much more likely way of achieving the ultimate aim. In this instance, his aim is the same as mine—protecting people who are sexually exploited. To date, no approaches have been made, but they are always welcome.

Question put, That the clause be read a Second time.

Division 45

Ayes: 6


Conservative: 4
Liberal Democrat: 2

Noes: 8


Labour: 8

None Portrait The Chair
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Before we adjourn, I want to let the Committee know that I will not be chairing the next sitting—it will be a more esteemed Chair than myself. I thank all right hon. and hon. Members for today’s contributions and their attention to the Bill, all our fantastic Clerks, the Doorkeepers, Hansard, the hidden but wonderful broadcasting team, and of course the hard-working officials from the Home Office. Thank you all very much indeed.

Ordered, That further consideration be now adjourned. —(Keir Mather.)