Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Thursday 5th February 2026 Lords Chamber

This is presumably why I understand the Government to be considering expunging existing child criminal records—a laudable aim. However, surely prevention is better than cure. We can prevent this expensive misery entirely by raising the threshold to 14, sparing thousands of children the corrosive and insidious effects of the criminal justice system and instead giving them the space to develop into wiser young people. I beg to move.

[Baroness Butler-Sloss (CB)]

My Lords, I put my name to this amendment and I agree with everything that the noble Baroness, Lady Chakrabarti, has said. This is the third time that I have tried to raise the age of criminal responsibility in this House. I tried first in the Blair Government and lost. I tried the second time in the coalition Government and lost. On each occasion, I asked for a modest increase, to 12. I would be content with 12, but I would naturally prefer 14. It is very sad, but I just wonder whether every Government, of whichever political persuasion, are so afraid of the press and the press headlines that they are not prepared to change the law. Some years ago, the four children’s commissioners of the United Kingdom wrote a joint report in which they said that the United Kingdom is the most punitive country in the whole of Europe. That has not changed.

I tried two relevant cases: the first was on the anonymity of the Bulger killers, aged 10; the second was Mary Bell, aged 10. I do not know whether noble Lords know that the two Bulger killers, aged 10, had found a pornographic video hidden under the bed of the father of one of them, and they watched it. It was a story of how to kill a small child after painting the child blue. Those two little boys went out and did exactly what the film had shown. That seems to me to be highly relevant to considerations. It was an appalling crime; there is no doubt about that, but one does really need to think—as the noble Baroness, Lady Chakrabarti, has reminded us—about the maturity of the brain, which is not properly completed by the age of 10, and is only still partly completed by the age of 14. There is substantial evidence that one Government after another absolutely refuse to recognise.

Ten is very young. As the noble Baroness, Lady Chakrabarti, said, let us think back to when we were 10—I find that particularly difficult at my age. One bears in mind one’s children or one’s grandchildren, how they behaved and the extent to which they really understood, not perhaps between right and wrong—I would hope they did—but the consequences of what they have done or might do. That seems to be something that is gained later in life than the age of 10.

One point that noble Lords might be concerned about is what would happen to a 10 year-old if they committed a really serious offence, particularly murder, with which I have been twice concerned. The fact is that Section 45 of the Children Act 1989 would send such a child who was a danger to him or herself or to others to secure accommodation. I am a patron of an admirable secure accommodation unit in Exeter. Every child in that unit has at least two carers, and some who are particularly troublesome have three. They are properly educated and looked after in a way that would of course happen to a child convicted of an offence; they would be sent nowadays to secure accommodation.

Mary Bell, however, was sent to prison. The very humane Member of this House, the noble and learned Lord, Lord Woolf, arranged that the Bulger killers should not go on to an adult prison; they in fact left at the age of 18. Noble Lords might be interested to know the reason why I gave anonymity to those two young men. I received evidence from the police, sitting as a judge, that there were vigilantes out there determined not just to injure them, but to kill them. There was substantial evidence that there were groups of vigilantes in various parts of the country. That was why I gave them anonymity. I ask the Minister to reflect on what the noble Baroness, Lady Chakrabarti, and I have said: 10 is very young.

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[Lord Davies of Gower (Con)]

My Lords, this has been a genuinely interesting debate. The amendment in the name of the noble Baroness, Lady Chakrabarti, would raise the age of criminal responsibility in England and Wales from 10 to 14. For the reasons I will set out below, I am unable to support it.

First, the purpose of the age of criminal responsibility has not been designed to criminalise children unnecessarily. Rather, it is to ensure that the state can intervene early and proportionately when a child’s behaviour causes serious harm. As the noble Baroness, Baroness Levitt, the Minister, stated in this House, setting the age at 10 allows the justice system to step in at a point where intervention can prevent further offending and protect both the child and the wider public, and, crucially, children are not treated as adults. They are dealt with through youth courts under a distinct sentencing framework with rehabilitation as the central aim.

The evidence shows that the system already uses this power sparingly. We are told that, in 2024, only 13% of all children sentenced were aged between 10 and 14, and that proportion has been falling year on year. Of the 1,687 sentences imposed on children in that age group, just 23 resulted in custody. Those figures matter. They demonstrate that the age of criminal responsibility being set at 10 does not mean routine criminalisation of children. It means retaining a backstop for the most serious and persistent cases while diversion remains the norm.

Raising the age to 14 would create a dangerous gap. It would mean that children aged 10 to 13 who commit grave offences—including serious violence, sexual offences or sustained harassment—could not be held criminally responsible. This would limit the state’s ability to manage risk, protect victims and, in some cases, protect the child. There are rare but tragic cases—

[Baroness Butler-Sloss (CB)]

I am very grateful to the noble Lord. Section 44 of the Children Act deals with children who are a danger to themselves and to others. The only difference in the criminal court is that it comes through the family proceedings court, but in fact the local authority would have to deal with it and the child would be put into secure accommodation. I wonder whether the noble Lord could take that on board.

[Lord Davies of Gower (Con)]

I am grateful to the noble and learned Baroness for that. I do not dispute that fact; I quite accept it.

There are rare but tragic cases, such as the murder of James Bulger, where a criminal justice response is unavoidable and undoubtedly in the public interest.

I respectfully suggest that international comparisons cited in this debate are far from straightforward and can sometimes serve to confuse matters. In fact, certain countries are now moving in the opposite direction. Sweden, for example, is proposing to lower its age in response to gang exploitation of children who know that they cannot be prosecuted. That underlines a key point. If the threshold is set too high, it can incentivise adults to use children as instruments of crime.

It is also worth noting that, although Scotland recently raised the age of criminal responsibility, Scotland’s experience should not justify this amendment. Even after deciding the age of criminal responsibility should be raised from eight years old, Scotland raised the threshold to 12 and not to 14. The Scottish Government also retained extensive non-criminal powers to respond to serious harmful behaviour. This amendment would go significantly further without clear evidence that such a leap would improve outcomes for children or public safety.

It is worth noting that a number of Commonwealth countries retain the doctrine that a child is considered incapable of wrongdoing, which was abolished in England and Wales by the Crime and Disorder Act 1998. In many of those jurisdictions, the standard age of responsibility is similar to ours. Australia, for example, has a standard age of criminal responsibility of 10 years old, but a rebuttable presumption exists up to the age of 14. However, I should also stress that, simply because other countries may have higher ages than England and Wales, that is not, in and of itself, a justification to alter ours. We must ensure that the age of responsibility here is suitable for our needs—

Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Tuesday 27th January 2026 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

That might well be true, but it indicates that there might be a problem of the police not necessarily being impartial, because they are so busy forming community relationships with mosques that they are not necessarily listening to the kind of things that are going on in mosques or whatever other institutions. I agree with the noble and right reverend Lord, but this is the point I am making: Hizb ut-Tahrir are on the streets of London shouting about Muslim armies and jihad, while the Metropolitan Police, no doubt getting some theological Islamic advice from their religious advisers, put up a post saying that jihad has a number of meanings and should not be seen in just one way and talking about personal struggle and so on.

I want to finish with the example of what good community relations are and where we might be. Amid the Southport murder-related riots, that horrible period of disruption and violence on the streets, an extraordinary film was posted on TikTok of a police officer telling counter-protesters to stash the weapons in the mosque so that they would not have to arrest anyone. The liaison officer, wearing a blue police vest, was addressing a group of men gathered outside the Darul Falah mosque in Hanley, near Stoke-on-Trent, and was appearing to give the group of young men a weapons amnesty. He spoke to the crowd, saying:

“If there are any weapons or anything like that, then what I would do is discard them at the mosque”.


The reason why I am saying that is that I just think we should not be naive. That is the most important thing. When we talk about the police liaising with religious organisations, in a period of identity politics and in a period such as the one that we are living through in 2026, we should at least pause and not assume it is all going well. I therefore welcome the attempt at saying, “Let’s know who they are talking to”. That is the important reason why I support this amendment.

[Baroness Butler-Sloss (CB)]

My Lords, the Minister and indeed the Home Office might be forgiven for wondering why Amendment 438EA was necessary. One might have taken it for granted that, on the whole, if any important event was happening, those likely to be involved in it in the community would be consulted. However, I fear the Home Office needs to think again. We have heard already about Birmingham, where one of the largest police forces in the country speaks exclusively to the mosques. When the Maccabi fans were considering whether they would come to Birmingham, the police did not talk to the churches but, rather more importantly, they did not talk to the synagogues. If one stops to think about it, it is quite extraordinary. All that I have read and heard in this House, as well as reading in the newspapers, leads one to suppose that those considering whether those Jewish fans should be allowed to come were looking exclusively from the Muslim point of view.

The Home Office should therefore consider carefully, perhaps with the College of Policing, whether, when it comes to significant and possibly controversial events—or very controversial, as the Maccabi one was likely to be—it should tell police forces that they must find what all the local people who might be interested think about it, and take some advice. I am horrified by what happened. I entirely understand why the noble Lord, Lord Goodman, should have tabled the amendment, and the Government need to consider it with extreme care.

[Baroness Foster of Aghadrumsee (Non-Afl)]

My Lords, as one of the vice-chairs of the APPG on Counter Extremism, I support the noble Lord, Lord Goodman, in these amendments. He has already referenced the Time to Act publication, which was published late last year and deals with a number of statistics that are quite startling and deserve to go on the record today. It was found that one in five voters— 21%, actually—

“say that political violence in the UK is acceptable in some conditions, and 18% would consider participating in violent protests as the state of Britain declines”.

That is a very concerning thing to read. We know that there has been a nearly 600% rise in antisemitic incidents in the UK following 7 October 2023. We also know that anti-Muslim hate has doubled over this last decade. Those are statistics that cannot be ignored. The noble Baroness, Lady Fox, outlined why she finds some difficulty with these amendments, but there is recognition in the report that extremism

“is one of the primary domestic security and societal threats facing the UK”.

When the noble Baroness was detailing some examples of extremism, the noble and right reverend Lord asked why people were not prosecuted. I would argue—and I know that the noble and right reverend Lord will recognise that I have an amendment later in the day—that the glorification of terrorism needs to be much more clearly defined in law. We will come to that later in the amendments. Defeating terrorism is not just about dealing with it from a military point of view but about dealing with the narrative around those terrorist organisations—“draining the swamp”, as the noble Lord, Lord Goodman, would put it. We are allowing glorification to continue on the streets of our country and then not recognising that extremism will grow as a result. I hope that when we come to debate that issue, there will be a good airing of the issues around the glorification of terrorism.

The first thing we need to do in this area is to recognise that there is a problem, and then to define the problem and move on to understand it and deal with it. I very much welcome these amendments in the name of the noble Lord, Lord Goodman.

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We must close this loophole and face up to the situation. As the noble Baroness, Lady Foster, said, support for terrorism should be wrong on a timeless basis. Terrorism was wrong. Terrorism is wrong. Terrorism remains wrong into the future. It is about time that the law caught up with that and implemented it to ensure that we have the most robust systems to counter terrorism through the law.

[Baroness Butler-Sloss (CB)]

My Lords, Amendments 447, 448 and 450 could not be more different, but they seem to show two sides of the same coin.

Dealing first with Amendment 450, I entirely agree with what the noble Baroness, Lady Foster, has said. It is absolutely appalling that people should glorify terrorism in any way. We listened to some painful stories of what had happened during the Troubles. However, this is not a Northern Ireland issue. Having listened to three people from Northern Ireland, as an English woman who was formerly married to a man from County Down, now deceased, it is important to point out that this happens in the rest of the United Kingdom.

There are people in this country who support ISIS; there are people who support Hamas, and there are other groups that are not so well known that may well be supported. Whether it be the appalling acts of the IRA or the equally appalling acts of Hamas—whether the genocide is or is not does not seem relevant at the moment—there should be no glorification. I hope that the Government will listen to this, because, although it is promoted largely by those from Northern Ireland, as I have said already, it is equally applicable to the rather parts of the United Kingdom.

Looking at the other side of the coin, I respectfully disagree with the noble Lord, Lord Weir. The sort of people who are going out on the streets, particularly in London, to support Palestine Action, could not be more removed from the terrorists and the people glorifying terrorism. A lot of very decent, naive—as the noble Viscount, Lord Hailsham, called them—and, in many ways, foolish people are going out because they do not like what happens in Gaza. We get a great deal of coverage, rightly, about what is happening there. That creates a situation in which decent and very often elderly people are going along and behaving very stupidly, but they absolutely are not terrorists.

I wonder whether the Government were all that wise to proscribe Palestine Action as a terrorist organisation. It is an abhorrent organisation, but I really do not think it is within the ambit of terrorism as we normally understand it—but we are stuck with it because it is now the law. However, that does not mean that everybody who is foolish, naive and stupid enough to go out on the streets, very often in bad weather, to yell out rather stupid slogans are themselves terrorists. I am not sure that it brings any praise on the country, and particularly the Government, to have huge numbers of these people arrested. What on earth is going to happen to them? We look rather foolish with this, and I hope that the Government might look with considerable sympathy particularly at Amendment 447, which is the one that I would support.

[Baroness Falkner of Margravine (CB)]

My Lords, I have listened to the noble and learned Baroness’s very fair presentation of the two sides of that argument. However, we cannot know, because we have no evidence, what the deeper, inner views may be of those people she referred to, who are leaving an event or a protest, or whatever. It is perfectly plausible that they may attend a demonstration but that their views are more extreme than those exhibited at the demonstration. I would therefore be a little bit cautious about not accepting that glorification is the door-opening to the more sinister motives that people can have. We know, from the extent of antisemitism that we have seen in our streets and from what is preached in mosques or liked on social media, that there is a fairly sinister trend in the glorification of terrorism.

[Baroness Butler-Sloss (CB)]

I am very sorry, but I have not entirely understood whether the noble Baroness is disagreeing with me on Amendment 450 or Amendment 447.

[Baroness Falkner of Margravine (CB)]

I think possibly a bit of both, but Amendment 447 is the one that I would disagree with her on more.

[Baroness Butler-Sloss (CB)]

I find it extraordinary that glorification of terrorism can be supported in any way; it just seems abhorrent. In relation to Amendment 447, I am not entirely objecting to the police arresting people, because they may well arrest people when they are not sure, but if there be a great many people whom the police would recognise as not likely to be supporting terrorism as such, I hope that those people would be released pretty quickly from the police station.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, as always, the rational logic of the noble and learned Baroness, Lady Butler-Sloss, has been very helpful in untangling this issue. She has summed up some of my concerns and things that I am not sure about.

The noble Baroness, Lady Foster, has brilliantly articulated her worries about the glorification of terrorism and how it normalises terrorism into everyday life. I think that is valid. She notes that this is based on little knowledge, and little knowledge can be very dangerous. Whatever one thinks about Northern Ireland —and I assure noble Lords that at this end we do not all agree—it was a bloody conflict, and it is not to be treated lightly. Those who simply reduce it to slogans in the way that was described do not know what they are talking about.

In support of the noble Viscount, Lord Hailsham, and the noble Baroness, Lady Jones of Moulsecoomb, my concern is that when we get proscription legislation wrong, we also rob the notion of terrorism of its power to shock, of its content, and the danger is that we relativise it and trivialise it. I think a huge amount of damage has been done by putting Palestine Action into the same category as Hamas or ISIS. Even though Palestine Action, as has been described, is an obnoxious or objectionable organisation and should be held to account under the law when it uses criminal damage, I do not think it is a terrorist organisation. Putting those self-indulgent OAP protesters or students into the same camp as Hizb ut-Tahrir calling for jihad or those hate preachers I quoted earlier, for example, seems misplaced. It turns what I consider to be numpty protesters into some sort of heroes in their own mind, and it has captured the imagination.

If you go to universities, you now find that people think that anyone who supports Palestine Action is a free speech warrior who we should all get up and support. They do not understand why I, as a free-speecher, am not supporting it. The problem is that they now all think that terrorism is sitting on a road and saying, “I support Palestine Action”. If only terrorism were sitting on a road and shouting, “I support Palestine Action” or wearing a badge. That is not the content of terrorism, and there is a lack of knowledge about what terrorism is. If people think those people are terrorists, we sell young generations short by them not understanding what we are up against and what the problems are. Proscribing organisations, which is a very important weapon to use in a particular way, is one thing; treating those who simply are vocal in their support of that organisation, as has happened with Palestine Action, can just mean that we conflate slogans and words with terrorist actions or violent actions and empty them of any horror.

The difficulty is that I am torn. When I hear Bob Vylan, Kneecap or those student groups shouting “Internationalise the intifada” or strutting their stuff and cosplaying their support for barbarism, it is sickening and I want something to be done. Listening to the moving speech by the noble Lord, Lord McCrea, you can see that that is what you might want to tackle. It is just that I do not think proscribing Palestine Action did that, and we are now paying the cost for having inappropriately used proscription of an organisation to devalue what we mean by terrorism.

If we no longer have young people in this country who have lived experience of terrorism—sadly, young Iranians do, for example, so let us not concentrate entirely on ourselves—they think going on a demo outside a prison fighting for the hunger strikers inside is as bad as it gets. They do not get it, but I do not think we have helped them get it either, which is why I am nervous about saying that glorification of terrorism in that context should be against the law, because we have to be very careful about what we are making illegal.

Asylum and Immigration: Children

Baroness Butler-Sloss Excerpts

Tuesday 27th January 2026 Lords Chamber

[Lord Hanson of Flint (Lab)]

I can give my noble friend the assurance that the United Nations Convention on the Rights of the Child is an essential framework which will guide both Ministers and officials in drawing up the appropriate policies to ensure that we look at the safeguarding, welfare and best interests of the child. My noble friend will know that the proposals about which she has raised questions are subject to consultation up to 12 February. She will also know that I have suggested to her that we meet to discuss those issues outside the Chamber. I look forward to both her response to the consultation and her representations at any meeting we have.

[Baroness Butler-Sloss (CB)]

My Lords, I suggest to the Minister that there is a very real danger that the need to deal with immigration puts the rights of children at risk. I was delighted to hear what he said, but I am not sure that is across every government department. The welfare of children is paramount, and the rights of children absolutely must not be imperilled by the need to deal with immigration.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble and learned Baroness. She will know that the Government have to deal with issues to do with both illegal migration and managed migration. The proposals we are bringing forward are doing that. We are absolutely, 100% committed to doing that within the framework of our United Nations responsibilities and under legislation that both Houses of Parliament have passed previously. I am happy to direct the noble and learned Baroness to the consultation on these proposals, which closes on 12 February.

Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Thursday 22nd January 2026 Lords Chamber

[Viscount Goschen (Con)]

My Lords, it is with great trepidation that I speak, very briefly. Having heard such powerful legal voices discussing these issues—and I hugely respect the legal expertise that we have in the House—on the basis of what we have heard and how the Government have approached this issue, I am minded to support the Government in the initiatives that they are taking here. I feel that we really ought to support these highly disciplined firearms officers. We are living in the era of lawfare and of the courts being used not to the advantage of those who seek to protect us all.

We are very fortunate in this country, unlike in other countries, as the noble and learned Lord, Lord Garnier, mentioned, to have a situation where the discharge of police firearms is a very rare eventuality. Those who hold that responsibility are highly trained, highly disciplined and highly motivated individuals. If there is a situation where they end up in a court of law because of the discharge of their firearm in the course of their duty, we should support them until there is a decision of that court. Of course, everything changes at that point. But this is about them being endangered, and having the threat of being endangered. I listened very carefully to what the noble Lord, Lord Hogan-Howe, said about how difficult it is to describe that threat in the beginning—and you cannot go backwards on this. In this very specific and rare eventuality, I believe that we should give those who put their lives in danger to protect us the benefit of the doubt.

[Baroness Butler-Sloss (CB)]

My Lords, I may be wrong, but I had never understood that until there was a vote anything in a Bill disappeared. Consequently, unless I am wrong, unless we vote on these three clauses, they will remain until Report. Consequently, I do not entirely understand what the noble Earl, Lord Attlee, was telling us.

To move on, I shall speak extremely briefly—and, I have to say, unlike some noble Lords, I genuinely mean briefly. First, as the noble and learned Lord, Lord Phillips, has pointed out, this is a profoundly important issue. Secondly, hard cases do not make good law. I am very unhappy at the idea that anyone should automatically be given anonymity in a situation in which they have behaved in a way where there is at least a possibility that they may be guilty of some crime. I would prefer to see the situation as it remains today—but I also listened to, and think that it is a very sensible suggestion from, the noble and learned Lord, Lord Garnier, that the pause should give us time to discuss further how on earth this should be dealt with.

Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Tuesday 20th January 2026 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I support the excellent and tightly drafted amendment from my noble friend Lady Neville-Rolfe. I say that it is tightly drawn because proposed new subsection (2) is about concealing one’s identity, not about wearing the clothes themselves: the scarf or the hat. I speak as a cyclist who frequently cycles in the winter, when of course you need to wear protective clothing to keep you warm. However, this is about allowing a police officer, or another person who is entitled to know your identity, to know your identity, and it is about failing to stop when required to do so by a constable.

I am glad that my noble friend mentioned the issue of live facial recognition. I am just about to finish my four-year term on the British Transport Police Authority. In terms of clear-up rates, one of the issues we have in unfortunately failing to tackle violence against women and girls—which, of course, is a government priority and a priority of the Department for Transport—is that we have way too many persistent, repeat offenders on bail who are travelling on the rail network and who are able to enter stations and get on trains. Live facial recognition, were it to be rolled out for a good reason, with proper checks and balances, would significantly reduce the incidence of those people being able to get on trains and Tubes and assault women and girls, and others. Live facial recognition is important because, if people are going to be wearing face coverings, that will naturally circumscribe the powers used in live facial recognition.

Rates of crime on bikes and scooters have gone up. Many people who are committing those crimes are hiding their identity and I believe that, in most cases, there is a legitimate reason for the police to stop them. In 2024, Sky News received figures from FoI requests that showed that crimes involving e-bikes and e-scooters had risen by more than 730% in the preceding five years. These crimes included theft, robbery, burglary, drug trafficking, stalking, rape, violent crimes and weapons offences. In 2023-24, 11,266 crimes were recorded that mentioned an e-bike or e-scooter—up from just 1,354 in 2019-20. These figures do not include data from the Metropolitan Police and the West Midlands Police—I know that West Midlands Police have been busy doing other things, not always to their great credit —so the actual numbers were likely higher.

On 30 December 2025, the Metropolitan Police reported that it had seized 37 e-bikes and scooters in an attempt to tackle crime and anti-social behaviour. That resulted in 52 arrests and weapons being seized. Between January and December 2025, Merseyside Police seized 1,000 unregistered vehicles, e-bikes, e-scooters and scramblers. It launched Operation Gears in July 2024 to deal with crime and anti-social behaviour linked specifically to bikes and scooters. In its words, two-wheeled vehicles

“are increasingly linked to serious criminal activity, including violence, robberies, and serious organised crime (SOC) offences”.

The Metropolitan Police has also produced reasonably new data—up to the end of 2023. They show that there were 4,985 cases of robbery and theft of a mobile phone in London using a motorcycle or an e-bike in 2023, and a face covering was worn in over 1,000 of those. These statistics demonstrate that it is legitimate to link bikes and scooters to crimes. Therefore, if someone is covering their face specifically to avoid identity while using these vehicles, it does raise suspicion, and it most emphatically gives police a legitimate reason to exercise their due and proper powers. On that basis, I support my noble friend’s amendment.

[Baroness Butler-Sloss (CB)]

My Lords, as someone who regularly jumps out of the way on a pavement from e-bikes, electric scooters and so on, I think this amendment is probably very sensible, but we should listen to the noble Lord, Lord Hogan-Howe, because, as far as I can see, it does not go sufficiently far. We need to add to it, perhaps on Report, a provision that the police can require someone to take their face covering off, because without that, I do not think it goes very far.

[Lord Shamash (Lab)]

My Lords, in my experience, the fastest and most dangerous group of cyclists are Deliveroo and Uber Eats riders. That would be the case because they have to get as many deliveries in as they can. In my experience, an awful lot of them wear face masks. I would be interested to hear from the Minister and the noble Baroness, Lady Neville-Rolfe—we have heard what the noble Lord, Lord Hogan-Howe, had to say—what you would begin to do about that. They have great big things on their backs saying Deliveroo or Uber Eats, but they drive fast and wear masks. Will the police stop them?

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I cannot comment on or pre-empt the detail of the White Paper now, because that would be a breach of protocol. But I say to the noble Earl, Lord Attlee, and the noble Baroness, Lady Doocey, that we will clearly examine those issues. We will take steps to enhance the powers of HMICFRS to ensure that its recommendations are properly acted on and indeed taken forward. In addition, we will examine how we can make recommendations more effective as part of the police reform work, ensuring that the key policing bodies’ expertise—the co-operation the noble Baroness asked for—is acted on to drive performance. I look forward to that very shortly and, ahead of the White Paper being implemented, I cannot accept the noble Baroness’s amendment.

[Baroness Butler-Sloss (CB)]

Will the White Paper deal with action rather than consultation?

[Lord Hanson of Flint (Lab)]

The White Paper will set out a number of proposals that the Government intend to bring forward in policy, legislation or executive action. There are a number of areas around police efficiency—what is done centrally and what is done locally, how it is done centrally and how it is done locally—that will form part of the wider debate on the police White Paper. The noble and learned Baroness will not have long to wait for the police White Paper. When it does come, undoubtedly there will be a Statement in the House of Commons and, as ever, I will have to repeat the Statement here in this House. There will be an opportunity to look at that direction of travel and how, importantly, we are going to implement the measures that we are putting in the White Paper, which, again, will be produced very shortly. I am sorry that I cannot give the noble Baroness any more comfort than that.

I share the reservations of the noble Lord, Lord Davies of Gower, that the proposal in the amendment would kick this matter of efficiency, co-ordination, performance and implementation further down the line than is already planned with our police White Paper proposals very shortly. So I hope the noble Baroness will withdraw her amendment on the basis of those comments.

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As I have already said, I advise the Government to look at the presumption that crime will be recorded even if the police do not believe that a crime has been committed. This is one of the causes of the problem we are discussing. Frankly, if it is not resolved, I guarantee that we will be back looking at this in a few years’ time. For that reason, I support the amendment.

[Baroness Butler-Sloss (CB)]

My Lords, I also very much support this amendment as, I hope, a nudge towards an opening door that the Government are already looking at. Following on from the powerful speech of the noble Lord, Lord Hogan-Howe, it seems that, quite apart from the recipients of these NCHIs, there are two further issues: the waste of time and the waste of money. The police are always short of money and of time. That is obvious and has been said by the noble Lords, Lord Young and Lord Hogan-Howe. If this was removed, they could get on and do their job. They would save a great deal of money and something even more important, because they would be dealing with the crimes that people really need them to deal with.

[Lord Clement-Jones (LD)]

My Lords, this is already proving to be a crucial debate in the passage of this Bill. I support Amendment 416E, tabled by the noble Lord, Lord Young of Acton. Sadly, my noble friend Lord Strasburger is unable to be with us to support the amendment, which he has signed, but I hope that I reflect his views in speaking today.

Non-crime hate incidents, although born from the well-intentioned Macpherson report in 1993—which the noble Lord, Lord Hogan-Howe, called “an honourable start”—have morphed into a mechanism that frequently harasses and silences legitimate debate. In doing so, they consume prodigious quantities of police time, as we have heard—time that is desperately needed to investigate the crimes that we have discussed throughout Committee. Non-crime hate incidents, which started from benign motivations in 1993, have morphed into an ugly and frequently used technique for harassing and silencing somebody whose views the complainant does not like. In the process, prodigious quantities of police time are being wasted on non-criminal matters, meaning that real crimes that would otherwise be investigated are being ignored.

The seeds of what has gone wrong were sown by the Macpherson inquiry into the murder of Stephen Lawrence. The inquiry concluded that a racist incident should be defined as being

“any incident which is perceived to be racist by the victim or any other person”.

In essence, that means that anyone—whether involved in an incident or not, whether a reasonable person or otherwise—would be able to determine that an incident, no matter how harmless, was racist in nature. The inquiry went on to recommend that

“the term ‘racist incident’ must be understood to include crimes and non-crimes in policing terms. Both must be reported, recorded and investigated with equal commitment”.

It is remarkable that the inquiry concluded that incidents which are not criminal offences as defined by Parliament should be investigated by the police with equal vigour as those which are criminal offences. That raises fundamental questions about the purpose of the police and what their priorities should be, particularly in a world of potentially limitless demand and highly constrained resource.

Nevertheless, Macpherson’s recommendations relating to racist incidents and their recording were rapidly accepted and implemented by the police and government. Following a 2006 review by Sir Adrian Fulford, a shared definition of hate crimes and non-crime hate incidents was adopted across the criminal justice system, including by the police and the Crown Prosecution Service. This expanded the recording of NCHIs beyond purely racist incidents to cover all those characteristics that are covered by hate crime legislation in England and Wales—race, religion, disability, sexual orientation and gender identity.

Key to the expansion of alleged NCHIs was the creation, in 2014, of the College of Policing’s Hate Crime Operational Guidance for police forces. Perhaps recognising that the guidance was likely to cause grave concerns to many, the College of Policing made a pre-emptive defence of their policy, saying:

“The recording of, and response to, non-crime hate incidents does not have universal support in society. Some people use this as evidence to accuse the police of becoming ‘the thought police’, trying to control what citizens think or believe, rather than what they do”.


The guidance goes on to say, in relation to hate incidents:

“Where any person, including police personnel, reports a hate incident which would not be the primary responsibility of another agency, it must be recorded regardless of whether or not they are the victim, and irrespective of whether there is any evidence to identify the hate element”.


The use of “must” in the guidance leaves no latitude for police discretion or the balancing of rights exercise, which would be necessary in considering the subject’s right to freedom of expression under Article 10.1 of the European Convention on Human Rights.

With the advent of social media, the number of NCHIs being recorded has rocketed. Policy Exchange reported in 2024 that over 13,000 are being logged annually in England and Wales, consuming 60,000 police hours a year. Some keyboard warriors with an axe to grind have made a full-time occupation out of submitting prolific quantities of NCHI complaints with little or no justification. These include a disgraced former policeman who prodigiously exploits the system to frequently harass his political opponents. Some incidents have hit the press, such as when Graham Linehan, the co-creator of “Father Ted”, was arrested on the tarmac at Heathrow over an NCHI.

However, many victims of spurious NCHIs are not even aware that a complaint has been logged against their name. One campaigner found out only when the complainant launched a judicial review of the police’s refusal to take the matter further. As we have heard, the impact of having an unproven NCHI secretly logged against your name can be severe and mean that you are refused a visa to visit certain countries, including America, or that you fail an enhanced DBS check for a job in areas such as education or health.

Freedom of information requests to 43 police forces found zero examples of NCHIs preventing crime. The Metropolitan Police announced last October that it has stopped investigating NCHIs entirely. Last month, the National Police Chiefs’ Council and the College of Policing reported to the Government that NCHIs are “not fit for purpose”.

NCHIs must go. The Minister, the noble Lord, Lord Hanson, stated during our debates on the seventh day in Committee that the College of Policing is reviewing this guidance and that we would see this review before Report. I hope that the Minister can confirm whether that review will address the chilling effect on free speech identified in the Miller judgment and whether he accepts that the police must prioritise actual criminality over the recording of NCHIs.

I support this amendment as a necessary check on the expansion of the surveillance state. When will the Government act to abolish NCHIs? If the Minister cannot answer that question, we will have to return to this matter on Report.

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[Viscount Goschen (Con)]

My Lords, I would like briefly to support my noble friend Lord Blencathra in his Amendment 416I, as the Committee will not be massively surprised to hear, given that we have covered this on previous occasions.

The police are turning a blind eye to the use of illegal vehicles on our streets. Why is that? I should like the Minister to answer that question, if at all possible. Illegal vehicles on our streets should be seized and destroyed. There should be a campaign to do that; if that happened, they would not come back. At the moment, the use of illegal vehicles is tolerated. If people were riding illegal petrol-powered motorcycles around London, they would very quickly find themselves in trouble. If people were driving trucks with no licence plates on them, they would very quickly find themselves on the wrong side of the law. At the moment, the large delivery companies in particular are facilitating this. They are contractors, but, none the less, their agents are using illegal vehicles for commercial purposes. That should not be allowed and the Government should put a stop to it.

[Baroness Butler-Sloss (CB)]

My Lords, that fact that someone has brought forward these two amendments makes me feel like saying, “Hurrah!” It is not just in Kensington and Chelsea. I live in EC4, and I spend my time walking on the road to get round the huge groups of mainly Lime bikes. I have not checked as to whether they are illegal, but the fact is that a great many of them take up a great deal of space and it seems absolutely extraordinary that nothing is being done about it. I watch other people, particularly women with pushchairs—even in EC4 there are women with pushchairs—and sometimes people in wheelchairs, either negotiating gingerly these bikes or walking, as I find myself walking, on the road. I hope that the Minister will consider carefully what is being suggested by the noble Lord, Lord Blencathra, because this really is a scourge. I say “Hurrah” to the noble Lord for bringing this amendment forward.

[Baroness Pidgeon (LD)]

My Lords, these two amendments after Clause 144 from the noble Lord, Lord Blencathra, are trying to give further powers to address the issue of dockless bikes and scooters, which we have discussed many times in this Chamber and which have become an issue on many streets in cities across the country, whether they are part of a scheme or privately owned. This is a big issue for pedestrians, as we have heard, as they find their route blocked by bikes and scooters, despite a number of local authorities installing dedicated parking places for such micromobility schemes.

We are all aware, as we have heard in this debate, of the challenges that local authorities have faced trying to manage these vehicles on pavements and highways. However, there is a further issue. As City AM reported last month, a London property firm had to invoice Lime for nearly £8,000 for removing, storing and returning dockless bikes left on private land. Despite the ability to geofence where bikes can be left, I understand from reading this article that it took Lime 11 months to fence off this bit of private land as a no-parking zone on its app—and even then bikes continued to appear. This is about the management and regulation of these schemes. There are many stories like this, where riders park up their bikes near stations or other transport hubs, cluttering pavements or indeed parking on private land, causing issues with access and deliveries for residents.

The devolution Bill making its way through the House will start to help with the management of micromobility schemes across the country, some of which, as we discussed earlier in this Committee, have been on trial many times over many years, partly extended by the previous Government. We need legislation on this issue. I would be grateful if the Minister could confirm whether future legislation will come to tighten up the rules on what is safely allowed on our streets, on how people park and the regulations, and on what a safe and legal vehicle is on our streets.

These amendments are trying to deal with the inevitable consequence of recent Governments not acting to keep up with the explosion of different types of micromobility on our streets. I hope to hear some assurance from the Minister about future legislation to deal with the understandable concerns across the Committee.

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Clause 8 of the Bill strengthens these existing powers by removing the requirement for officers—

[Baroness Butler-Sloss (CB)]

I thank the Minister for giving way. If the powers exist, are the police actually using them?

[Lord Katz (Lab)]

They are, but we always leave it to chief officers to direct their police forces to use the full waterfront of different powers and regulations under their purview. We can always encourage them. I am sure that a number of chief officers will be looking intently at the debates in all the days of Committee on the Crime and Policing Bill and will understand the priorities the Committee voices. Certainly, with no little thanks to the noble Lord, Lord Blencathra, and others, we have had plenty of debate on this issue and they will have heard that it is one of extreme concern.

Clause 8 will allow the police to act immediately to stop offending behaviour and confiscate vehicles without delay. In addition, the Government have consulted on changes to secondary legislation to enable quicker disposal of seized vehicles, and our response will be published in due course. These measures demonstrate the Government’s commitment to effectively tackling the illegal and anti-social use of micro-mobility devices such as e-bikes and e-scooters without duplicating powers that are already in place.

I want to stress that riding a privately owned electric scooter on public roads is illegal, and the police have powers to take enforcement action against offenders, including seizure of the e-scooter for the offence of driving without insurance or a licence. The enforcement of road traffic law remains an operational matter for chief officers, who are best placed to allocate resources according to local needs, threats, risks and priorities. The Government will continue to support the police with the tools and powers they need, but this amendment would add unnecessary complexity without improving public safety. With that in mind, I ask the noble Lord to withdraw his amendment.

Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Thursday 15th January 2026 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I am a bit taken aback by what I have just heard. I shall be travelling to the United States shortly, and I carry with me not only my phone but an iPad. Those two hold virtually everything that matters in my life, apart from my address book: everybody I know, and so on. The “keyhole surgery” offered by the noble Lord, Lord Anderson, seems extraordinarily sensible. The idea, currently under this Bill, that the police could hold information for years and years seems absolutely unacceptable. If the Government do not accept this very modest intervention, they really have to do something else. Otherwise, as the noble Lord, Lord Clement-Jones, said, privacy goes out of the window.

[Lord Deben (Con)]

My Lords, I rise for two reasons. First, I think it is dangerous to leave lawyers to talk about these matters without the intervention of non-lawyers. Secondly, although I can claim no legal background, I am a historian, and what really worries me is that the whole of history shows how often we make mistakes in the heat of dealing with a very real issue. That is my concern. We have a very real issue of terrorism. We know that our enemies are using every possible mechanism to interfere with everything, from our elections to the way in which our motor cars are driven. We know that and, therefore, we want to protect ourselves as much as possible. But very often, when we do that, we go two steps too far, and I believe we have done so here. Indeed, if I have a complaint about these amendments, it is that I am not sure that this “keyhole surgery” will entirely dig out all the fetid wrongness in this decision. We need to go further.

I would ask that this Committee remembers that one of the roles of this House is to bring to bear long experience, and it should be the long experience of this House that it is always dangerous to legislate on things like terrorism without thinking extremely carefully about how far we are going. I believe that part of the reason why people accept the rule of law generally in Britain is that they are not afraid of the kind of intervention which this makes possible. There are two things that we have to put right. First, in the circumstances of no suspicion, it is simply not good enough to say that a constable should have his own view about the national security situation, and that that should inform a decision so certain and important as this.

The second thing we should have in mind is that we live in a world in which people do not want to share with everyone their perfectly reasonable and perfectly decent information. I believe that we have a right to privacy. It is not just because people might have an unfortunate interaction with other people that happens to be found, or that they have looked at something which perhaps would have been better not looked at, or any of those things. That is not what I am concerned about; I am concerned about the way in which human beings in this country think of the law. They believe that the law protects their personal integrity and their right to privacy. Therefore, what I want to say to the Minister, for whom, as he knows, I have great respect, is that this is not just about not going too far because of the fight against terrorism; it is also about remembering constantly what maintains our respect for the rule of law. We only have to have one example of this being used in a ridiculous manner to find people much more widely criticising the way in which the law works. Therefore, I beg of him to look rather carefully at this and see how he can meet what is an obvious problem.

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[Baroness Butler-Sloss (CB)]

Why should something as significant as this, raised by the Supreme Court and by the very man the Government speak to about how counterterrorism should be dealt with, not be in the Bill, rather than in statutory guidance?

[Lord Hanson of Flint (Lab)]

Because there is already statutory guidance in relation to the operation of the 2000 legislation. The purpose of the revised codes of practice is that it is normal practice to have a code of practice approved by Parliament for how the Act is implemented by officers on the ground at the port of entry. The code of practice is approved or not approved by both Houses, it is subject to consultation, and I have given a commitment from this Dispatch Box that that code of practice and this clause, if the Bill is enacted, will not be introduced until the code of practice has achieved the assent of both Houses.

Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Tuesday 13th January 2026 Lords Chamber

[Lord Hanson of Flint (Lab)]

I hear the point that the noble Lord, Lord Pannick, makes. We have drawn a line in the defences. I come back to the principle that the power to be used by the police officer, not the Government, is to determine this in the event of suspected criminality occurring.

There may not be, in the case that the noble Lord has mentioned, the need for that designation, because the police may make a judgment, which is their judgment to make, that a protest outside the Iranian embassy, for example, would not lead to potential criminal activity. That is the judgment that we are making. That is the line that we have drawn. I see the point that he has made, but that is the defence that I can put to him today. Because—

[Baroness Butler-Sloss (CB)]

I very much support what the Minister is saying. The only question is: will the police have the power not to require this person to take his mask off if they accept his view that that would cause some danger to him or his family in Iran?

[Lord Hanson of Flint (Lab)]

The exemptions in the Bill are very clear, and I have already talked about those that relate to religious, work or health reasons. Police officers will make a judgment on those issues on the ground and, as in the experience of the noble Lord, Lord Hogan-Howe, they have a significantly difficult job to do at any demonstration.

If I can give any comfort to the noble Lord, Lord Pannick, and the noble and learned Baroness, all the offences under the Bill are currently under review by the noble Lord, Lord Macdonald of River Glaven, as part of the review that he is undertaking, to be completed by spring 2026. I have no doubt that he will pay close attention to the comments that are made in this debate and make an assessment to government about whether the points made by noble Lords are ones that he should reflect on. I would say to the Committee—

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[Earl Attlee (Con)]

My Lords, I strongly support my noble friend on the Front Bench. I think we grossly underestimate how much damage to the UK economy is caused by stopping motorways, particularly the M25. I have not seen authoritative figures for how much it costs to block a motorway, which happens with road traffic accidents. Years ago, I saw a figure of £0.75 million per hour. I do not know whether the Minister has a figure for how much it costs when the M25 or another important motorway is closed. It is not just the effect on motorists; it is the effect on industry, transport and supply chains, and the need to build in extra float in the transport system to allow for that. So, I strongly support my noble friend in everything he said.

[Baroness Butler-Sloss (CB)]

My Lords, some months ago I was trying to get to Oxford Street and at Oxford Circus a large number of people were sitting on the ground, making it impossible for either end of Regent Street or Oxford Street to move. I believe they were there for several days. All I can say is that, as an ordinary member of the public, I found it extremely irritating, so I am very sympathetic to Amendment 370.

[Lord Strasburger (LD)]

My Lords, I will comment briefly on Amendments 382A and 382C. Amendment 382A amounts to the banning of protests in almost any circumstances at the behest of the police. Proposed new subsection (2)(1B) is particularly guilty in this respect, allowing, as it does, for a protest to be banned because, in the opinion of a chief officer of police, it would place undue demands on the police. But the police, as a public authority, have a duty to facilitate protests, not prevent them. Of course, that duty to facilitate protests has resource implications for the police, sometimes serious implications. That means that the police must be provided with adequate resources by the Government, but it does not mean that, as an alternative to proper resourcing, financial corners should be cut by the Government, thus making it impossible for the police to carry out their duty to facilitate protest. But that is precisely what Amendment 382A would do. It says that protests should be banned because the police are underresourced. It would be better if it said that the police must be sufficiently resourced to allow them to facilitate protest. It does not, and for that reason Amendment 382A must be opposed.

Amendment 382C seeks to extend from six days to 28 the notice period for informing the police of a demonstration, but many demonstrations are spontaneous or are, by necessity, organised at short notice. In any case, the amendment would appear to not achieve anything, because this section of the Bill already contains a provision for late notice as soon as practicable, so there is nothing to be gained by increasing the formal notice period, unless the goal is to make it ever more difficult to organise a protest. Amendment 382C should also be opposed.

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[Baroness Butler-Sloss (CB)]

My Lords, I had not intended to speak; I have been listening with great interest to the competing arguments. However, I am utterly convinced by the speech of the noble Lord, Lord Pannick, on the government amendment.

It crosses my mind that, just as Jews and synagogues are currently at risk, I can see a situation in the future where mosques and people who support Muslims, or indeed the gurdwaras of the Sikhs, are under threat. You might get an extremist group of Sikhs opposed to the current Sikh processes who decide to have a demonstration every single week against a series of gurdwaras in a certain area. What the Government are seeking to do is entirely sensible. It will impose on the police a duty and give them a power to decide whether to carry out what may or may not be needed. We need to accept this government amendment. I am also very attracted to the amendment from the noble Lords, Lord Walney and Lord Pannick, which would add a bit to the government amendment. Having listened, I really think that the government amendment must get through.

[Lord Mendelsohn (Lab)]

My Lords, I support Amendment 370AA, which stands in my name as well as that of the noble Lord, Lord Austin, and the noble Lord, Lord Polak, who has already spoken to it. I also support Amendment 486C, which I tabled with the noble Baroness, Lady Deech.

I start by thanking the Government for introducing this clause and their amendment, both of which are very important measures. I am grateful to them for introducing them, and I hope that they remain as strong and as resolute as they can be in pushing them through.

I will try to give noble Lords the context of what we are doing. The reason we are here is that we are facing the considerable problem of non-prosecutions. This is the type of thing happening in our society that is undermining democratic resilience and social cohesion, and which is particularly targeting the Jewish community. That is the area where my amendments are particularly relevant, and they apply in that context.

It is absolutely clear that one of the issues coming up is that a lot of existing powers are not used. I fear to mention Policy Exchange again, but I note that that Jonathan Hall KC, the Independent Reviewer of Terrorism Legislation, made a significant point in his speech there today. He said:

“My perception is that if you don’t deal with anti-Israeli hatred, you leave wriggle room for those who indulge in antisemitism but formally disavow it. Once hatred to Israelis is tolerated then it is carried around like a flame”.


He made the further point, which I think is immensely significant:

“The truth is that hatred of nationality fits onto hatred of race like a glove. And importantly, our law recognizes this. The Public Order Act 1986 prohibits stirring up racial hatred. Let me read section 17 of the 1986 Act which defines racial hatred, and I am going to do this slowly: ‘In this Part “racial hatred” means hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins’”.

Computer-generated Child Sexual Abuse Material

Baroness Butler-Sloss Excerpts

Wednesday 7th January 2026 Lords Chamber

[Lord Hanson of Flint (Lab)]

The legislation is clear that this type of material is illegal and punishable by offences under the law. Ofcom is now drawing up resources and an examination of priorities to be able to report back to the Home Secretary by April on how we can enforce that legislation. There are extreme penalties for providers that break that, and they need to be aware now and to prepare. It is illegal, it will be punished and Ofcom will draw up advice to the Government shortly.

[Baroness Butler-Sloss (CB)]

Can Ofcom work to do this now or does it have to wait for the end of the consultation?

[Lord Hanson of Flint (Lab)]

The consultation has been completed and Ofcom is now drawing up a response to give to Ministers. We have set a date of April 2026 for that information and we expect to act extremely speedily once we have had the report back from Ofcom. With due respect, it is fair to have a consultation and look at its results but, across the House and across government, it is quite clear that this type of activity is simply unacceptable and we will not stand for it.

Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Monday 15th December 2025 Lords Chamber

If a registered sex offender seeks to change their name following a change of gender, whether through a gender recognition certificate or otherwise, the provisions in the Bill will apply. If necessary, and if we assess that it would be helpful to the police in managing risk, we can exercise the existing regulation-making power to require registered sex offenders to notify the police when they obtain the gender recognition certificate. I hope I have been able to satisfy both the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Maclean, that the amendments are unnecessary.

[Baroness Butler-Sloss (CB)]

Does that mean that if somebody changes a name and does not inform the police, the new name can be put on the sex offenders register?

[Lord Hanson of Flint (Lab)]

That is my understanding of the position. I hope that helps the noble and learned Baroness. That is the principle behind what we are proposing here today. Again, I say to the whole Committee that this is, ultimately, management based on risk, not on gender.

Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Baroness Butler-Sloss (CB)]

Picking up what the noble Earl, Lord Attlee, said about licensing sex workers, I wonder whether the Minister knows what goes on in Holland, where each individual woman is licensed as an individual business. I walked through the red-light district of a small town and saw women in all the windows, and I was told by a local Dutch councillor that all of them had pimps. They were either on the phone to their pimp or the curtains were pulled. So I suggest that licensing does not stop pimping.

[Lord Hanson of Flint (Lab)]

I am grateful for that. As I said, the Home Office has examined and looked at a range of alternative methods of regulation and legislation from other countries. The issue of licensing is outside these amendments and the legislative proposals in the Bill, so I do not wish to go down that route today. But obviously we look at all experiences. Our main objective is to ensure that we support, and protect the safety of, individuals who choose to involve themselves in this work, and at the same time to ensure that no harm comes to wider society as a result of those actions. I am grateful to the noble Earl for raising this today, but it is not an issue that I can explore at this moment, for the reasons I have outlined.