Lord Vaux of Harrowden Portrait Lord Vaux of Harrowden (CB)
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My Lords, we come back to fraud. As the Minister will be well aware, this is not the first time I have raised the issue of ensuring that the technology and telecoms companies take their share of responsibility for the use of their services or platforms by fraudsters and are made to contribute to the costs of reimbursing victims. I thank the noble Baroness, Lady Morgan of Cotes, and the noble Lords, Lord Young of Cookham and Lord Holmes of Richmond, for their support on this amendment.

On a previous group I mentioned the Fraud Act 2006 and Digital Fraud Committee, on which I was privileged to sit. Our report, Fighting Fraud: Breaking the Chain, which was published in November 2022, made the very clear conclusion:

“Until all fraud-enabling industries fear significant financial, legal and reputational risk for their failure to prevent fraud, they will not act”.


That has been borne out over the three years since. There has been no significant improvement, despite the voluntary charters that have been agreed. Only the banks are on the hook for the costs of fraud under the mandatory APP reimbursement rules that were brought in by the Financial Services and Markets Act 2023. The banks must now pick up 100% of the reimbursement liability, and there is evidence to suggest that this is having a positive impact on the efforts that the banks are making to identify and prevent fraud.

Similarly, the Payment Systems Regulator’s six-monthly reports on the performance of the banks has provided welcome transparency as to which banks and payment services are doing most, and least, to combat fraud. As an aside, it would be good to have confirmation from the Minister that the subsuming of the PSR into the FCA will not reduce the important reporting and oversight of APP fraud that the PSR has been providing.

The banks are picking up the liability, but they are not where the fraud originates. According to UK Finance statistics, around 70% by volume and 30% by value arises from online platforms, and 16% by volume and 36% by value arises from telecoms—calls and texts. Let us name names. According to the PSR, over half of APP scams originate on Meta platforms—Facebook and so on.

Nothing has changed that would change the conclusion of the committee that these industries will not take the issue seriously until they face liability for what they allow to happen on their platforms or services. The banks have sharpened up their acts, in part because of the mandatory reimbursement requirement that we have imposed on them. The banks face real liabilities for the fraud that goes through their accounts.

The Online Safety Act includes some important measures to prevent fraudulent content and scam advertising, but it does not make the companies liable for the losses. We have mandated that the banks should reimburse victims of APP scams after we decided that the voluntary code was not working, and it is now time that those who enable the frauds should pick up their share on a compulsory, not voluntary, basis. There are many possible ways to achieve this, so I have not been prescriptive in the amendment. It could be as simple as bringing the telcos and tech companies into the reimbursement requirements, or we could look at extending the new failure to prevent fraud offence so that it covers the use by third parties of services provided by a company. The failure to prevent offence currently covers only actions by employees or associates, so it would not cover scams in this situation.

Amendment 67 would simply require the Government to bring forward proposals for how to do this within six months of this Bill passing. It is not enough to keep publishing more fraud strategies. The one that is due to be published shortly, which I am sure the Minister will refer to, will be the third fraud strategy since I have been a Member of this House. The Minister said earlier that the fraud strategy would be published soon—I think he said, “in very short order”. I know that he cannot give a date, but it would be helpful to know whether that will be before Report. The content of the strategy might make this amendment unnecessary, so it would be very helpful if we could see it before Report.

Fraud and scam figures are not falling; they still make up around 40% of all crime in the UK. It really is time that we make those who allow their services to be used by the fraudsters, and those who enable the fraud, liable for their actions—or, rather, lack of action. It is the only way to make them take the issue seriously. I beg to move.

Baroness Doocey Portrait Baroness Doocey (LD)
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We are very happy on these Benches to support this amendment. We all know the grim scale of fraud, now our most common crime. Authorised push payment scams are driven by online platforms, adverts on social media fuelling shopping and investment frauds, and hacked accounts enabling ticket scams. Yet, as has been said by the noble Lord, Lord Vaux, platforms such as Meta, which owns Facebook and Instagram, can still take six weeks to remove illegal content, allowing scammers to resurface again and again—so-called “life-boating”.

This amendment is designed to cut through that inertia. It would provide a clear statutory duty of care on tech and telecom firms to prevent scams at source, using their own AI and tools. It would also require them to share the financial burden with payment providers, which must already imburse many victims of authorised push payment fraud. That seems a fair step, given that the platforms host most of the scams and profit from the engagement that keeps users scrolling. Weak voluntary charters, non-binding Ofcom guidance and even the Online Safety Act’s proportionate measures have let these firms do the bare minimum—reacting to reports rather than proactively detecting fraud through verification, AI-driven scans and systematic audits. Big tech has unparalleled know-how—the AI, software and manpower to spot fraudster patterns and take them down. Banks cannot fight this alone and nor can the police. This amendment would compel these companies to protect their users, stopping scams upstream.

We hope that the Government’s fraud strategy follows the example of this amendment and goes even further with a failure to prevent fraud offence, backed by strong fines and tougher binding Ofcom standards. Meanwhile, Amendment 367 would provide some timely backbone, giving tech and telecom firms a real incentive to act swiftly before yet more victims lose potentially everything.

Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I put my name to the amendment moved by the noble Lord, Lord Vaux. I want to add a brief footnote to the speech that he made in support. In an earlier debate, the Minister was very complimentary about the work of the fraud committee on which we both served, and he can convert that praise into action by accepting one of the recommendations which we made in our report.

It is worth quoting the relevant sections of the report that led up to that recommendation. On page 162, paragraph 57 states:

“However, banks are the last link in the fraud chain and cannot be expected to foot the fraud bill alone”.


Then we come on to our recommendation:

“To incentivise companies to act on fraud and more accurately reflect the balance of responsibility for fraud, the Government must establish a mechanism by which fraud-enabling sectors—in addition to the outgoing and recipient PSP—are required to contribute to the costs of reimbursement in cases where their platforms and services helped to facilitate the fraud”.


That is a very clear recommendation. We came to that conclusion after taking evidence from, for example, TSB and academics. They all made the point that there was absolutely no incentive on the part of the telecommunications companies to do anything, because their business case rested on generating revenue and they faced no penalties. That was our recommendation.

Moved by
357: After Clause 111, insert the following new Clause—
“Prevention of resale of stolen GPS products(1) The Equipment Theft (Prevention) Act 2023 is amended as follows.(2) In Section 1(2)(b), after “commercial activities” insert, “including GPS equipment”.”Member’s explanatory statement
This new clause extends the Equipment Theft Act 2023 to specifically include the theft of GPS equipment.
Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, Amendment 357, first tabled by my party in the other place last year, would extend the operation of the Equipment Theft (Prevention) Act by making explicit reference to GPS equipment or, as the industry now prefers, global navigation satellite systems.

For several years, Liberal Democrats have highlighted the sharp rise in rural crime, with organised gangs systematically targeting farms and rural businesses. Their focus has been on stealing high-value GPS drones, receivers and in-cab screens from tractors and harvesters. This equipment is worth thousands of pounds and is essential for modern precision farming. The loss of these units leaves farmers facing costly delays and crop losses at critical times of the year. These thefts have formed part of a well-organised international trade whereby equipment is stripped, containerised and shipped overseas, often beyond recovery. Crucially, offences spiked as rural policing came under ever-increasing strain. Local stations were closed and experienced neighbourhood teams hollowed out, taking with them the deep local knowledge that underpins effective intelligence gathering.

Organised gangs stepped into that vacuum, criss-crossing county boundaries with little deterrence. We recognise that real progress has been made over the last year, with insurance claims for GPS theft now starting to fall, thanks to greater collaboration between farmers, insurers, police and the National Rural Crime Network, whose invaluable work is now rightly benefiting from strengthened national funding and support. The Equipment Theft (Prevention) Act should build on that work, offering a strong framework for prevention, giving the Secretary of State powers to require immobilisers and the marking and registration of agricultural machinery, and to extend these measures to other equipment by regulation.

Amendment 357 would strengthen that framework by naming GPS units explicitly in the primary legislation. This would give a clear signal of intent, ensure momentum and guard against any further delay in bringing the provisions into effect. We welcome the Government’s recent commitment to include removable GPS units in future regulations and I am pleased that Ministers have listened to evidence presented from these Benches and others. The reality, however, is that the key provisions of the Act have not yet been brought into force and the secondary legislation required to implement them is still pending. Our amendment would ensure timely and decisive action, so that farmers and rural businesses see the benefits on the ground sooner rather than later. This is a simple, practical step that would support the Government’s aims and help stop the theft and resale of vital agricultural technology. I beg to move.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I start with a simple question: where on earth are the regulations that we were promised way back in 2023 when we passed the Equipment Theft (Prevention) Act? I took that Bill through this House with all-party support, getting Royal Assent in July 2023. The Home Office promised that it would consult urgently on the necessary regulations and started that consultation immediately.

The consultation closed in July 2024, but the Government announced their conclusions only on 17 October 2025 and have dumped some of the most important provisions of the Act. It will now apply only to new all-terrain vehicles with forensic marking and registration, and to removable GPS units. Dumped are the proposals for immobilisers and extending it to other agricultural machinery. A £5,000 quad bike is protected, but not the £500,000 combine harvester. If someone breaks into the £300,000 John Deere tractor and steals the £10,000 GPS unit, that is covered, but not the John Deere itself. I saw one advert for a GPS that said, “Put this in your tractor, and you will be able to track it if the tractor is stolen”. Well, that is only if a farmer makes it impossible to remove and the thief has to steal the tractor as well as the GPS unit.

Dumping the proposals covering hand tools may be a wise measure, even though an incredible number are stolen. I accept that a forensic marking and registration scheme for power tools needs more time if it is ever to happen. It is estimated that the power tools market may have reached £1.5 billion in 2025. Professional power tools average about £200 each; a DeWalt combi kit of six tools sharing the same battery will come in at about £1,000. Therefore, if tradesmen are spending about £1.5 billion on £200 per item tools, that is over 7 million new tools bought per annum—I think I have half of them in my own garage, actually, but that is another matter. It would be a massive logistical task to register those 7 million tools, but large machinery is different.

Last year, 10,241 tractors, worth £1.6 billion, and 400 combine harvesters, worth £160 million, were registered in the UK. Some 34,000 excavators, diggers and earth-moving machines were sold, worth £1.5 billion, while 8,000 ATVs were sold with a total value of just £80 million. We will therefore have 44,000 big machines worth £3.4 billion with no forensic marking or isolator scheme, but we will have one for just 8,000 ATVs worth a mere £80 million. I do not understand the sense or wisdom of that. If it is possible to devise a forensic marking registration scheme for 8,000 vehicles, it should not be rocket science to devise one for 44,000 vehicles worth 42 times more. I therefore urge the Home Office to lay the ATV and GPS regulations immediately and then get on with drafting the next phase of those regulations to apply them to big farm machinery and construction equipment.

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Lord Katz Portrait Lord Katz (Lab)
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I do not want to commit to any particular timescale. It probably ill behoves me to do so, but I will point out that, having published our response to the call for evidence a couple of months before Christmas, we are obviously trying to motor ahead with it, if noble Lords will forgive the pun.

I turn now to Amendment 368, in the name of the noble Lord, Lord Davies of Gower, which proposes two changes: first, to expand enforcement provisions under the 2023 Act and, secondly, to introduce a statutory aggravating factor for theft of tools from tradesmen under the Sentencing Act 2020. The Government recognise the distress caused by tool theft and its impact on tradespeople and small businesses, which the noble Lord, Lord Davies, spoke to. As he said, these tools are essential to livelihoods, and their loss can cause real financial and emotional harm. That is why we are already taking action through the National Vehicle Crime Working Group, which brings together specialists from every police force to share intelligence and tackle emerging trends in vehicle-related crime, including tool theft.

On sentencing, the current framework is sufficient and robust. Courts must follow guidelines issued by the Sentencing Council, which already require consideration of harm, culpability and aggravating factors such as financial loss, business impact and emotional distress. Courts also have powers to impose compensation orders to ensure that victims receive financial compensation. Introducing a statutory aggravating factor, as this amendment calls for, would duplicate existing provisions unnecessarily and have limited impact on outcomes. Indeed, I am reminded that a wise man once said,

“I am sceptical of the need for more aggravating factors”.—[Official Report, 15/12/25; col. 585.]

That was of course the noble Lord, Lord Davies of Gower, speaking just three weeks ago, on 15 December, in response to an amendment moved by the noble Baroness, Lady Doocey, to Clause 102 on self-harm. I could not have put it better myself.

I hope I have been able to reassure the noble Baroness, Lady Doocey, that we accept the spirit of her Amendment 357 and we are working to give effect to this issue. I hope too that the noble Lord, Lord Davies, will understand why we do not consider his Amendment 368 to be necessary, and forgive my light ribbing a moment ago. For all these reasons, I invite the noble Baroness to withdraw her amendment.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I am grateful to the Minister for his response and to the noble Lords, Lord Blencathra and Lord Davies of Gower, for their support. We all want this legislation to be effective, but we want swift implementation of the Act, not in the fullness of time, and stronger rural crime prevention, including forensic marking, to deter the theft and resale of tradespeople’s tools.

GPS theft cost farmers over £1 million last year. Frankly, this just cannot be allowed to continue. There is legislation ready to go—there is an Act of Parliament—and it needs to be implemented now. For now, I beg leave to withdraw the amendment.

Amendment 357 withdrawn.
Lord Anderson of Ipswich Portrait Lord Anderson of Ipswich (CB)
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I thank the noble Lord, Lord Jackson, and the noble Baroness, Lady Chakrabarti, for raising a point that really had not occurred to me in years of gazing at Sections 4A and 5 of the Public Order Act. I also thank the noble Lord for his reference to the Handyside case, quite correctly observing that freedom of speech means nothing if it does not include the freedom to offend, shock and disturb. But, of course, Handyside was about ideas that offend, shock and disturb. Sections 4A and 5 are not talking about ideas; as the noble Lord said, they refer to threats, abuse and insult.

Outside the rarefied walls of academe, the cases in which Sections 4A and 5 are applied are to the objectionable drunk, on a train or in a doorway, who yells at somebody and can cause, in the words of the statute, distress or alarm. I agree with the noble Lord that they are not very different. In fact, he said it would be otiose to have both “distress” and “alarm” in the sections, but surely there is a shade of difference between the two. If there is some lasting upset, we could call that distress, but if it is a question of frightening or unsettling somebody by yelling an insult in their ear, that is probably closer to alarm. Although I agree with the noble Lord and the noble Baroness about the evils of overzealous prosecutors, I suggest that there is some purpose to these two very similar words both appearing in these two sections.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I have listened to this rather short debate against the particular backdrop of the Government’s increasingly unsettling approach to public order—a direction of travel that raises real concerns on these Benches. The current stance seems to involve simply doubling down on the pattern set by the previous Administration, which, in our view, risks overpolicing protest, overburdening an already stretched justice system, diverting resources from serious crime and threatening legitimate speech.

In that context, we have sympathy with this proposal. However, I have some concerns about changing a standard legal formula in public order and anti-social behaviour law. It is widely embedded in guidance and operational policy; in removing it, there is a risk of creating uncertainty and confusion within the police, local authorities and the courts. At the same time, it is equally clear that the concepts of alarm and distress have, in practice, been stretched far beyond what Parliament ever intended. Some people are very easily alarmed or distressed by noisy but peaceful demonstrations, or simply by views with which they profoundly disagree. These cannot be a sound basis for criminal liability.

There is a real risk that an overbroad test inhibits free expression, penalises vulnerability and hands too much discretion to those who are most intolerant of difference. If the Government will not support this amendment, will the Minister explain how they intend to ensure that public order powers are not used to criminalise mere annoyance, eccentricity or disagreement, but are focused on genuinely threatening, abusive and harassing behaviour?

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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I thank my noble friend Lord Jackson of Peterborough for tabling Amendment 352. It is welcome to see such a cross-party collection of noble Lords supporting it: the noble Baroness, Lady Chakrabarti, the noble Lord, Lord Verdirame, and the noble Baroness, Lady Fox of Buckley, are not names always seen together on an amendment.

The amendment proposes to remove “alarm” from Sections 4A and 5 of the 1986 Act, as we have heard. As others have said, alarm is a word that denotes impression, mood and temperament. It is a word that allows the criminal law to stray beyond the prevention of genuine disorder and into the policing of irritation, discomfort or unease. Several legal cases have shown where this can lead. In a case called DPP v Orum in 1989, a conviction was upheld under Section 5 for shouting abuse at police officers. The court accepted that even trained officers, accustomed as they might be to a degree of verbal abuse, could none the less be persons likely to be caused “harassment, alarm or distress”. Although that may be understandable up to a point, it demonstrates how low the threshold has been set. If professionals whose job it is to face confrontation can be alarmed by rude language, one begins to wonder who cannot be.

Another case is called Norwood v DPP in 2003, in which a man was convicted for displaying a poster saying “Islam out of Britain” in his window. The reasoning again rested partly on the likelihood of causing alarm. Whatever one thinks of the views expressed—many of us would deplore them—the case illustrates how “alarm” can operate as a gateway through which deeply subjective reactions become the basis for criminal liability. It seems that these cases represent symptoms of a statutory provision that has no clear boundary. “Alarm” does not mean “fear of violence”—it does not require intimidation; it does not even require serious upset. It has been stretched to cover being offended, unsettled or merely uncomfortable. I suggest that is not a sound basis for criminal liability.

As others have said, the law retains and contains safeguards where genuine harm arises: “harassment” would remain in the wording of the statute, “distress” would remain in the wording of the provision, and Section 4 remains available for

“Fear or provocation of violence”.


Other statutes address stalking, threats and coercive conduct. My noble friend’s amendment would remove nothing that is truly necessary to protect the public. It would restore a measure of seriousness to public order law. Criminal offences should address conduct that is objectively wrongful, not speech or behaviour that happens to alarm someone whose threshold for alarm may be very low. This amendment has our wholehearted support, and I hope that it has the support of the Minister too.

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Baroness Sugg Portrait Baroness Sugg (Con)
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My Lords, I will speak to the amendments in my name in this group. Amendments 353 and 355, co-signed by the right reverend Prelate the Bishop of Gloucester and the noble Baronesses, Lady Doocey and Lady Kennedy of The Shaws, relate to a statutory definition of honour-based abuse and a duty to issue multi-agency statutory guidance.

Honour-based abuse is a form of domestic abuse motivated by an abuser’s perception that a person has brought, or may bring, dishonour or shame to themselves, their family or their community. It can take many forms and is often complex to identify, but it centres on controlling individuals to compel them to behave in certain ways or subscribe to certain beliefs. For some, the concept of honour is prized above the safety and well-being of individuals, and to compromise a family’s honour is to bring dishonour and shame. In extreme cases, this is used to justify abuse, disownment or physical harm. Honour-based abuse is not a cultural tradition or religious practice. It is a form of abuse that can occur within any community, regardless of faith or background.

Despite increased reporting to the national honour-based abuse helpline, commissioned by the Home Office, it remains the least prosecuted form of violence against women and girls. Across agencies, it is inconsistently recognised, poorly understood and inadequately responded to. Without clarity, front-line professionals are unsure how to spot the signs, and victims can slip through the cracks.

The need for change is starkly illustrated by the story of Fawziyah Javed. Fawziyah was a lawyer; she understood the importance of evidence and tried to protect herself and her unborn child. She repeatedly sought help, reporting to health professionals, contacting the police and gathering evidence against her abusers, but her situation was not taken seriously. Her case exposes a persistent and systemic failure to recognise honour-based abuse within statutory systems. Multiple perpetrators were involved, but they were overlooked because investigations often focused on a single individual, reflecting approaches designed for intimate-partner domestic abuse rather than the extended, collective and coercive nature of honour-based abuse.

In late August 2021, when Fawziyah made a second report to the police, the risks she faced had still not been recognised. On 2 September 2021, Fawziyah, aged 31, and 17 weeks pregnant with a baby boy, was tragically murdered when her husband pushed her from Arthur’s Seat in Edinburgh. Immediately after this, as was shown in the Channel 4 documentary “The Push: Murder on the Cliff”, he did not call 999; the first call he made was to his own father. This illustrates the family-involved dynamics of honour-based abuse, which are too often overlooked by statutory systems.

Fawziyah’s mother, Yasmin Javed, has led the campaign to ensure that her daughter’s legacy drives meaningful change, and has permitted me to share Fawziyah’s story. Yasmin’s courage and advocacy ensures that survivors’ voices are heard and their experiences are recognised. She believes strongly that the lack of understanding of honour-based abuse and the absence of a universal statutory definition meant that Fawziyah’s experience and the perpetrators were missed.

Fawziyah’s story demonstrates why we urgently need a statutory definition and accompanying guidance, not just for the police and prosecutors but for teachers, social workers, healthcare professionals and everyone who has an opportunity to identify abuse early before it escalates. It will help professionals understand its complex dynamics and act decisively to protect victims.

In August, the Government announced six new measures to tackle honour-based abuse, including legislating, at the earliest opportunity, to introduce a statutory definition and multi-agency guidance. I am very pleased that we are on the same page on that.

Turning to the definition itself, Amendment 353 puts forward a suggested definition that has been developed over a number of years. It is not my definition but the product of sustained work by the sector, legal experts and, most importantly, survivors with lived experience. From 2022, survivors worked with the University of Nottingham to develop a survivor-informed definition. This work identified serious limitations in existing non-statutory definitions and provided a framework that captures the collective and coercive nature of this abuse. Building on this survivor-informed foundation, barrister Naomi Wiseman, drawing on extensive experience in this field, led further work with violence against women and girls sector partners to draft a statutory definition. Through multiple iterations, consensus was reached upon a definition that reflects the complexity of honour-based abuse.

To date, this work has engaged survivors, over 60 organisations and specialist legal expertise. It combines lived experience with professional knowledge to bring clarity, consistency and stronger protections. This process has been truly sector-wide and survivor-led. Survivors’ voices have shaped every iteration, ensuring that the definition reflects the realities of honour-based abuse. I wish to put on the record my sincere thanks to all those involved, particularly the survivors. Their dedication and insight, born from personal experience and gaps in professional responses, has ensured that future victims can be recognised, protected and believed in the ways that they were not.

This survivor-led process has required significant time, expertise and emotional labour, often carried out amid ongoing abuse, ostracism and bereavement. Every consultation involves survivors and bereaved families retelling painful and traumatic experiences. They do this out of a sense of duty, so that their survival can mean something for the many who are not able to speak out. Dame Nicole Jacobs, the Domestic Abuse Commissioner, has welcomed this work. She said: “I recognise the significant progress that has been made to date and emphasise the importance of grounding any definition in survivor experience. I support the ongoing work led by survivors, the specialist sector and Karma Nirvana to ensure the definition is effective”.

Of course, we all want a definition that works, and I therefore welcome the debate to come, so we can agree a definition that is fit for purpose—one that respects survivors’ lived experience and treats their contribution with the seriousness that it deserves. I am grateful to the noble Baroness the Minister and Home Office officials for their engagement to date. I know that work is ongoing on a revised definition, and I hope that we can work together, with survivors, experts and the sector, to return on Report with a workable, legally sound definition that reflects survivors’ experiences, strengthens protection and supports effective multi-agency working.

Timing matters here. For years, survivors, the sector and front-line professionals have called for a statutory definition, and this Bill is the vehicle through which change must be delivered—it really cannot wait any longer. The CPS and police are revising their guidance, which is due mid-next year, and they need a statutory definition in place to do so effectively. The success of this reform will also depend on the rollout of clear, comprehensive communication and training, a commitment that I am pleased to say that the Government have already made for next year. We need the definition to make that effective. For too long, perpetrators have escaped accountability, while victims have been failed. The time to act is now.

I turn to Amendment 354 in my name, co-signed by the right reverend Prelate the Bishop of Gloucester and the noble Baroness, Lady Kennedy of The Shaws; the noble Baroness, Lady Doocey, has tabled a similar amendment in this group. Amendment 354 would recognise honour as an aggravating factor in sentencing. It would ensure earlier identification of honour-based abuse in investigations and prosecutions, and that sentences properly reflect the gravity of the offending. Safeguarding would be strengthened for victims facing risk from multiple perpetrators, and it would also act as a stronger deterrent.

The murder of Somaiya Begum, a 20-year-old biomedical student, exposed a critical gap in the criminal justice system. Despite an active forced marriage protection order, Somaiya was murdered by a family member. Evidence at trial demonstrated the role of family pressures and honour dynamics, yet the court concluded:

“It is not possible to identify a motive for this dreadful attack”.


In his defence statement, the defendant explicitly relied on notions of honour to shift blame on to other family members. Despite this, the judge did not recognise honour in sentencing. This demonstrates how the absence of formal recognition allows key motivations to be overlooked, weakening justice and accountability.

Somaiya’s case and other cases such as the terrible murder of Banaz Mahmod, to which I know the noble Baroness, Lady Doocey, will refer, illustrate several wider systemic failures. Yesterday would have been Banaz’s 40th birthday—and I pay tribute to Banaz’s sister, Payzee Mahmod, who has been a tireless advocate for changes to the law in Banaz’s memory, and whom I have worked closely with on this campaign. I also want to acknowledge Banaz’s sister Bekhal, who is calling for change in this area too.

When we do not recognise the aggravation of honour in the perpetration of these crimes, there are multiple consequences. First, there is the erasure of victims; when honour motivations are not named, survivors and families feel unseen and invalidated, deepening mistrust in the justice system and perpetuating silence. Secondly, there is unreliable data: judgments rarely reference honour, creating the false impression that such cases are infrequent or absent, despite evidence to the contrary. Thirdly, there are low prosecution rates: between April 2024 and March 2025, only 95 honour-based prosecutions were brought, with fewer than half resulting in conviction. Supporting this amendment would address these failures, improve data, strengthen accountability and ensure that courts formally acknowledge honour-based motivations, giving survivors and families the recognition and justice that they deserve.

Given that we are a little later than planned, many noble Lords who were going to speak in favour of these amendments are sadly no longer in their place. That includes the noble Baroness, Lady Kennedy of The Shaws, who, given her long experience, fully supports these amendments, in particular making honour-based abuse an aggravating feature, to send a clear message to communities and sentencing judges.

I pass on my sincere thanks to the Minister for the meeting to discuss this issue with not just her but three Ministers and officials across both departments. I am also very grateful for her own suggestion that she speak to the sector and survivor representatives ahead of this debate to hear from them directly. I listened with interest to the noble Lord, Lord Hanson, earlier in response to the Urgent Question on the VAWG strategy, and I look forward to reading that strategy tomorrow, given his reference a number of times to honour-based abuse.

I appreciate that the Government are clearly working to make progress on this, and I have two questions for the Minister. Will she commit to continuing to work with the sector to bring forward amendments on an agreed definition and guidance for Report? Secondly, while I heard the Minister’s explanation on Monday on existing aggravating factors and sentencing practice, we know from reviewing sentencing remarks in cases of clear honour-based abuse that, in practice, these factors are inconsistently applied and often fail to capture the collective, coercive and family or community-driven nature of the abuse. In that context, could the Minister set out the Government’s position on formally recognising honour-based abuse as an aggravating factor in sentencing?

In conclusion, I pay tribute again to the tireless work and bravery of survivors. Without them the progress on this work to date would not be possible. I would also like to thank Karma Nirvana, whose incredible work supports victims and survivors, brings the sector together collaboratively and campaigns for these life-saving changes alongside over 60 leading organisations. I am deeply grateful to the survivors and sector representatives who attended a briefing for noble Lords here last month. They reminded us plainly that honour-based abuse remains an invisible crime, with invisible perpetrators and, tragically, invisible victims. They told us that making progress on these amendments will save lives, prevent immeasurable harm and deliver recognition and justice for those who deserve it. Fawziyah, Somaiya, Banaz and so many others cannot speak for themselves, but through the courage of their families and advocates, we have the opportunity to act. In their names, I beg to move.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I thank the noble Baroness, Lady Sugg, for moving her amendment. This group also includes Amendment 356 in my name and in the name of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Blower, whose support I greatly appreciate. I also thank Southall Black Sisters for their tireless campaigning in this vital area.

I echo the noble Baroness, Lady Sugg, in paying tribute to Banaz Mahmod and to the extraordinary courage of her sisters, Bekhal and Payzee, whose tireless campaigning has kept the spotlight on honour-based abuse in the hope that Banaz’s legacy will drive real and lasting change. Banaz was just 20 when she was murdered by her father, uncle and five male cousins. Her crime? Leaving her abusive husband and having a boyfriend she wished to marry. Her family convened a council of war to plan her killing, claiming that her wish for divorce and choice of partner brought shame on the family and the wider community. She did everything that we tell victims to do. On five separate occasions, she reported rape, violence and threats to kill—even an attempt on her life by her own father. She named those who would later murder her, yet she was not believed or protected. Her murder is not an isolated tragedy but emblematic of wider patterns of institutional failure to identify and respond to honour-based abuse.

That is why I have I have also added my name to Amendments 353 and 355, calling for a statutory definition to be brought forward as quickly as possible, alongside guidance, so that the thousands of incidents of such abuse reported in the UK each year are treated with the gravity they deserve. I too urge the Government not to miss the opportunity presented by the Bill, and I hope that the Minister will provide that reassurance.

Amendment 356 would make honour a statutory aggravating factor in sentencing. A similar amendment in the other place limited this to murder, but here it is deliberately broader. This would ensure that any offence committed in the name of honour is explicitly treated as aggravated in sentencing. It shares the aim of Amendment 354 but, in the absence of an existing statutory definition, it defines the aggravating factor independently, focusing instead on the perpetrator’s conduct and mirroring existing language from racial and religious aggravation laws. This approach would allow the aggravating factor to take effect immediately, while consultations on the definition take place between the Government and the sector.

Critically, Amendment 356 also recognises the frequent involvement of multiple perpetrators and colluders. In Banaz’s case, police estimated that around 50 men were involved, either in the killing or in shielding those responsible. This recognition is vital for improving how agencies identify and respond to such abuse.

I have reflected on the comments made during Monday’s Committee about the concept of honour already being adequately covered in legislation. I do not want to anticipate the Minister’s response, but I imagine she will say that judges are already familiar with the concept of honour and that evidence of its presence will already result in a stiffer sentence.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, the noble Lord, Lord Davies of Gower, has explained all my reservations about these clauses very articulately, so I will not repeat them. They add an unnecessary implication that the public are a threat to emergency workers. Why are religiously and racially aggravated offences being highlighted here, as though members of the general public were somehow prone to that kind of behaviour? It is an unhelpful signposting because, as has been rightly pointed out, if emergency workers are dealt with aggressively or harassed in any way, we have laws to deal with it. To highlight this implies that there is something extra to be added, that there is a problem out there of the public going around racially abusing workers, and that there are particular offences in mind. Duplication of law ends up being virtue signalling. I am not sure that virtue is being signalled, but none the less it seems to be a box-ticking exercise rather than an effective piece of lawmaking.

I am also very worried about the notion of “insulting behaviour”. I am probably guilty of it; one does get frustrated sometimes. What on earth does it mean? It is entirely subjective. What is insulting behaviour? It would be helpful for the Minister to give us illustrations and examples of what constitutes insulting behaviour. How will people be charged with this? It immediately makes people fearful of raising complaints or of being frustrated in public. If the ambulance has not turned up for a long time and your husband is dying of a heart attack, you might be a bit fraught. Somebody might interpret that as insulting behaviour. It might be perfectly rational, reasonable behaviour and not criminal. I am worried that this is creating a toxic atmosphere where none need be there. I cannot understand why it is there.

The words “likely to cause” feel far too much like pre-crime. What is “likely to cause”? These are criminal offences. If you are charged with them, you will be seen potentially as a hate criminal. Therefore, the Government have to give us a very detailed explanation as to why they feel these clauses are needed, so that we can scrutinise it. As they are presently given, I am not happy at all. I will support any move to have them removed from the Bill.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, on these Benches we take a very different view and strongly support Clauses 107 and 108, which recognise a simple reality. Emergency workers can face racially or religiously aggravated abuse whenever and wherever they are carrying out their duties, including in private homes. They cannot choose their environment or walk away from hostility. Their professional duty is to step into what are at times chaotic, volatile situations, and to stay there until the job is done. The law should follow them into those settings and make clear that such targeted hostility is no more acceptable in a hallway or a living room than it is on a street corner. This debate has shown that the issue is not about policing opinion or curtailing lawful expression but about drawing a firm line between free speech and deliberate acts of intimidation directed at those who protect the public.

These clauses are drafted to catch only behaviour that crosses that line in aggravated circumstances, and they sit alongside, rather than in place of, the wider framework of public order and hate crime. In our view, striking them out would send the wrong message, undermining our commitment to those who protect us. Looking ahead, it will of course be vital that their use is monitored and that guidance for police and prosecutors is kept under review, so that the balance struck here remains both proportionate and effective in practice.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, before the Minister rises, could I ask a simple question? It would seem to me that, under the definition of emergency workers in Section 3(1)(j) of the Assaults on Emergency Workers (Offences) Act 2018, an emergency worker is

“a person employed for the purposes of providing, or engaged to provide ... NHS health services, or … services in the support of the provision of NHS health services”.

I think we all support the words of the Secretary of State for Health, but is he in danger of falling into the trap of criticising the BMJ for the action it has taken?

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Lord Pannick Portrait Lord Pannick (CB)
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My Lords, I too support the objective of Amendment 348—who would not support the objective of preventing illegal violence and harassment in the workplace? I suspect that the main argument against Amendment 348 will be the burden that it would impose on employers, particularly small ones, and the noble Lord, Lord Blencathra, made that point very eloquently.

I will briefly identify one reason why it is very much in the interests of the employer to have these duties. It is because if there is illegal violence and harassment in the workplace which causes, as it will, damage to the victim, she—and it normally will be she—will be looking for remedies, and the person against whom she is most likely to be advised to sue is not the rogue other employee but the employer. The employer is particularly vulnerable to such a civil claim if they have not, as required by Amendment 348—which no doubt can be improved in its drafting—conducted any sort of assessment to identify potential risks, have not implemented policies and procedures to eliminate those risks, and, in particular, have not provided at least basic training to all employees on the importance of these matters. So, yes, this will impose a burden on employers, particularly small ones, but it is very much in their interests to protect themselves against legal liability and to deter such action taking place.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, these amendments ask employers not only to react when something goes wrong but to look ahead, identify the risks and take sensible steps to prevent harm before it happens. That is especially important for women and those in insecure or public-facing roles, who we know are more likely to be targeted and less likely to feel safe reporting what has happened to them.

The statistics are damning. There were nearly 700,000 incidents last year alone, with attacks on lone workers surging by 132% over three years. We strongly support the aim of these amendments; however, as we did previously, we have questions around how a duty to eliminate risks, so far as reasonably practicable, would work in small businesses on tight margins. Layering new mandates on top of existing duties under the Equality Act and employment law risks confusion, which could dilute accountability. This is not an argument against doing more, but a practical issue which needs to be addressed.

There is also a wider cultural point. Legislation can set clear expectations, but workers will be safer only if staff feel confident to report incidents and these reports lead to action, not to victims being sidelined or blamed. Training, confidential reporting routes and proper follow-up, all mentioned in the amendments, are not extras; they are essential if any new duty is to change what has sadly become everyday reality for many people just trying to do their jobs.

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, I thank the noble Baroness, Lady Smith, for her thoughtful amendments, which seek to place prevention of illegal violence and harassment in the workplace on a clear statutory footing and to expand the duties of the Health and Safety Executive accordingly.

It is clear from the debate that, across your Lordships’ House, we take violence against women and girls extremely seriously, whether that violence occurs at home, on the street, online or in the workplace. We know that gender-based violence remains alarmingly prevalent. Data for the year ending March 2024 shows that 6% of women aged 16 and over experienced domestic abuse, 4% experienced sexual assault and 4% experienced stalking.

These amendments focus on violence at work, in the employment context. Sexual harassment at work is far from uncommon. A recent study by UCL found that nearly one in seven UK workers encountered workplace abuse in the past year, with women reporting significantly higher levels of harassment and assault. Those figures remind us that work must of course be a place of safety, dignity and respect for all employees.

The amendment consciously seeks to maintain the balance between the responsibilities of parents and those of the state. It would preserve the long-standing exemption for family members and friends, ensuring that informal arrangements, such as enterprising sixth form students from the same school or a family friend providing support, are entirely untouched. Parents would not become regulated activity providers and would incur no legal duties. The amendment would simply close off the route by which a barred individual can present themselves as a tutor and make it an offence for a barred person to do so. This is not a partisan matter. It is a straightforward safeguarding correction to ensure that the DBS regime operates as intended. I urge the Government to accept it.
Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I am pleased to support Amendment 337A, which is about consistency and common sense. The same standard of protection should apply wherever a child is taught, whether in a classroom, online or in their own home. Parents assume that safeguards already exist, and they are shocked when they learn that someone barred from working with children can still legally offer tuition. In my experience, the vast majority of parents do not know this. As the noble Lord, Lord Hampton, has said, this is a huge loophole, and something needs to be done about it as a matter of urgency.

The targeted change would simply ensure that the law reflects modern patterns of learning and closes an indefensible gap without adding either bureaucracy or cost. It would strengthen public confidence in the DBS system and in the integrity of child protection as a whole. Tutoring is now a central part of many children’s education, especially those who are already vulnerable or struggling, and the law really does need to keep pace with this reality. By backing the amendment, the Government can demonstrate that safeguarding principles are applied consistently across all settings, formal and informal alike, and that known risks will never again be allowed to fall between the cracks of overlapping regulations. It is a modest step, but one entirely consistent with our shared commitment to protect every child from exploitation and harm. In the end, it is simply a test of resolve. If we know where the danger lies, we have a duty to act before another child is placed at risk.

Lord Garnier Portrait Lord Garnier (Con)
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My Lords, just to demonstrate the point made by the noble Lord, Lord Hampton, this is a cross-party matter and he has my support. I would be interested—he may or may not know—in the number of children affected by the failure of the regime to make sure that these tutors and so forth are properly registered. In any case, I wholeheartedly agree that this is a common-sense measure and needs to be brought in as soon as possible.

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Lord Katz Portrait Lord Katz (Lab)
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The important change that we are making is that it enables parents to access checks at the higher level, so they will be able to decide on whether to engage somebody. The parent will be able to access the check, see their history and, based on what the DBS check throws up, decide whether they will be engaged without necessarily becoming classified as a provider as in the current regime. That is an important distinction. It does not pull them into a different sphere of activity but allows them to ask a crucial question: is this person fit to be a tutor for my child?

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I am still not clear. There are 90,000 names on the DBS barred list. I understand the Minister to have said that parents will now be able to access the enhanced barred list, therefore things that would not be picked up in a lower-level DBS check will be picked up with the enhanced one. However, if somebody asks, “Is Fred Bloggs okay?”, can they just ask for his enhanced records or will it say that “Fred Bloggs is one of the 90,000 people that are on the DBS barred list”?

Lord Katz Portrait Lord Katz (Lab)
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To be clear, they will have the same rights and access as a school has at the moment. We are equalising the scheme, so yes, they would be able to see that he is on the barred list and have access to the record. I hope that clarifies it for the noble Baroness.

Baroness Doocey Portrait Baroness Doocey (LD)
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It would say, “This person is barred”.

Lord Russell of Liverpool Portrait Lord Russell of Liverpool (CB)
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My Lords, I was very happy to add my name to the amendments in the name of the noble Baroness, Lady Royall. I arrived slightly later to the party than the noble Baronesses, Lady Royall and Lady Brinton, because I was not around when they nobly started tackling this difficult subject. However, once I arrived, I was happy to try to help in whatever way I could.

The amendments in this group are interwoven with an awful lot of other legislation that we have passed in recent years and are discussing today because many of the same traits, particularly behavioural traits, are still there, together with some of the challenges that the different authorities have in trying both to understand this behaviour and to do something about it. The parallel drawn in Amendment 330A between the DAPO, to which domestic abuse perpetrators are subject, and the stalking protection order, which has nothing like the same power or speed, is a good analogy. I ask the Government to look at and consider that very carefully. If the Government were to talk with the Domestic Abuse Commissioner, they would find, I suspect, that Dame Nicole Jacobs—a dame as of last week—would be very interested in discussing it further with them and would argue the case for that.

Amendments 330AZA and 356E, which deal with the ingenuity, frankly, of perpetrators in using online means to find different ways to get at their victims, has many parallels with what we look at in many areas that deal with online abuse. I appeal to the Government that we be joined up, in terms of the experience that different departments and specialist teams are gaining through the different pieces of legislation and guidance that we are enacting, so that we are learning from one another and not operating in silos, which, I fear, we sometimes do.

Amendment 330AA, which would remove the excuse of one’s religion or the need to be in an educational establishment—again, another ingenious excuse for finding a way to get to the perpetrator—is a loophole that I hope the Government will look at very carefully.

A stalking protection notice to accelerate and streamline the process would be extremely valuable. I am sure that, if the Minister and his team were to talk about this with some of the most advanced areas of the country and police forces—in particular, the county of Cheshire, which has five gold stars for doing this really well—and to ask whether they would find a stalking protection notice useful in order to move quickly, the answer would, I suspect, be a resounding yes. Going to talk to the people who are on the front line in dealing with this day in, day out would be a very useful use of time.

On Amendment 330C, of course the Secretary of State should have the power to issue stalking guidance, not least because, as stalkers get more and more ingenious and devious in some of the ways they find to make their victims’ lives horrible, it is important that the guidance keeps up. It is often two steps behind. The people who suffer because of that are the victims and the people who gain are the perpetrators, because it gives them the breathing room to do what they do and the law is quite slow to catch up.

I am broadly in sympathy with all these amendments. Stalking is one of the main causes of distress to victims in this country, alongside domestic abuse and anti-social behaviour. They are the unholy trinity and the largest volume affecting people, predominantly women. The ways perpetrators pursue their victims are often quite complex. These are quite devious and often quite intelligent individuals. We need an intelligent response in order to do something about it.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, this debate has underlined that stalking is not an occasional nuisance but a pattern of behaviour that our systems still struggle to recognise and act on early enough. The debate shows a familiar picture: warning signs are missed, threats are minimised and tools that Parliament has already provided are used patchily, if at all.

These amendments point towards a more joined-up and confident response, in which the police, prosecutors and other agencies share information, understand the particular dynamics of stalking and intervene at a much earlier stage, including online, before behaviour escalates into something far more dangerous. Looking ahead, there is now a real opportunity to embed that approach in the forthcoming review and in the VAWG strategy. Many of the ideas we have discussed—stronger use of stalking protection orders and notices, better guidance and training, and clearer expectations of consistency across forces—could and should be reflected on here.

The underlying purpose of these amendments is surely uncontroversial: to ensure that the law and practice keep pace with the reality of stalking and to give victims a response that matches the seriousness of the threat they face, so that this debate becomes a turning point rather than a missed opportunity.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, stalking is an offence which constitutes severe harassment and can instil grave fear into victims, as we have just heard. It is absolutely right that the law bears down on perpetrators of stalking. The Stalking Protection Act 2019 gave magistrates’ courts the power to impose stalking protection orders on application by the chief officer of police. Clause 97 extends this power so that a Crown Court can impose such an order where a person has been acquitted of any other offence.

The Government will no doubt argue that they are taking the necessary action to further prevent cases of stalking through this part of the Bill, but let us not forget another Bill they are currently taking through your Lordships’ House. The Sentencing Bill will suspend sentences for anyone charged with the offence of stalking. Section 2A of the Protection from Harassment Act 1997 states that a person found guilty of stalking is liable on summary conviction to imprisonment for up to 51 weeks—less than the 12-month time limit for the presumption of a suspended sentence order.

Furthermore, the offence of breaking a stalking protection order is also likely to lead to a suspended sentence under the Sentencing Bill. Although a custodial sentence of up to five years can theoretically be imposed on conviction on indictment, the Sentencing Council’s guidelines state that in most cases of culpability and severity the starting point will be one year’s custody, and the ranges can go down to 12 weeks in custody and even a community order. This may very well be proportionate for low-level stalking offences, but the fact is that a person with a high degree of culpability and a medium to high level of harm will fall into the range that will mean their sentence is highly likely to be suspended.

If the Government are serious about bearing down on stalking, I suggest that letting anyone convicted of that offence walk free is not a good move for the safety of the victim. The Minister might try to rebut this argument by talking about the stalking protection orders, but I gently say to him that there is no good in letting a stalker roam the streets just because they have an order slapped on them. Given the falling police numbers, what is the likelihood of a person who violates their order actually being arrested? I also suggest that victims of stalking will not feel safer simply because their stalker has been given a court order.

What makes this even worse is that there is a very real possibility that a person who breaks the terms of their suspended sentence order will still not receive a custodial sentence. Although the automatic presumption will not apply in that case, the Government have opposed Conservative amendments to explicitly exempt people with a history of non-compliance from suspended sentences. They have also resisted our amendments to exempt repeat offenders from being handed suspended sentences.

Under this Government’s legislation, there is a very real possibility that a stalker could continually stalk their victim, break their stalking protection order and their suspended sentence order and never face jail time. That is not protecting victims. Against this backdrop, I suggest that it does not matter what we do in this place regarding stalking; we can table all the amendments we like to toughen up the protection orders, but they will not protect victims or prevent stalkers if the Government let than walk free. I will be very interested to hear what the Minister has to say in response.

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Moved by
334A: Clause 102, page 133, line 2, at end insert—
“(6) In determining the sentence for an offence under this section—(a) where the encouragement or assistance of self-harm is preceded by a history of domestic or “honour”-based abuse committed against the victim or other person by D, the court must treat their offence as aggravated by reason of such history;(b) where D has subjected the victim or other person mentioned in subsection (1)(a) or (b) to physical, psychiatric or psychological harm that results in that person’s death by suicide, the sentence shall be one of life imprisonment.”Member’s explanatory statement
This amendment recognises that where a victim has been subjected to domestic or “honour”-based abuse, any encouragement or assistance of self-harm is an aggravated offence for sentencing purposes, and that where such abuse, including physical, psychiatric or psychological harm, results in or significantly contributes to the victim’s death by suicide, the perpetrator can be subject to the same range of sentences as for murder.
Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, Amendment 334A is in my name and that of the noble Baroness, Lady Blower. I am grateful to Southall Black Sisters for the detailed evidence it has provided. On Wednesday we are going to cover broader issues around codes of honour and the deployment of these as a motivation and an excuse for horrendous crimes against the person. Amendment 334A deals with, in some ways, an even more insidious and hidden issue. It recognises the growing number of suicides and self-harm cases linked to domestic and so-called honour-based abuse.

I remember meeting a group of young women when I was a member of the London Assembly and hearing with horror the widespread acceptance that a murder could be justified by codes of honour in their community. It most certainly cannot. Culture does not transcend or trump the law, and nor should it. We are all familiar with the concept of death by a thousand cuts. Prolonged abuse and prolonged encouragement of self-harm can have devastating consequences beyond the physical and the immediate.

Last month, an inquest into the death of Michelle Sparman, a Caribbean woman who died by suicide in August 2021, reached a landmark verdict at Inner West London Coroner’s Court. The assistant coroner concluded that Michelle’s state of mind was “contributed to by neglect”, and that her prior relationship was marked by “toxicity”, highlighting an abusive pattern of relentless coercive messaging from her ex-partner that undermined her confidence and mental well-being. Crucially, the coroner identified this abusive conduct as the key causative factor in her death—a rare explicit recognition of prolonged domestic abuse that had contributed to her suicide. But there is a serious gap in the law. Michelle’s family were told by police that suicides were outside their remit and there was no case because Michelle had not reported domestic abuse when she was alive.

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Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I thank the Minister for her response. I am not a lawyer and certainly do not understand the law, even vaguely, but I really do not understand this. If what I am asking for is not necessary—I totally accept what the Minister has said—how come we have three cases of suicide a week, which is suspected to be an underestimate, and only one conviction since 2017? Those numbers do not seem to add up to me.

I take the point the Minister made about the Law Commission’s review. Reviews are helpful, but a recent report by the Domestic Abuse Commissioner exposed ongoing failures by government to act on the lessons from domestic homicide reviews. Only a quarter of national recommendations were fully implemented between 2019 and 2021, and this extends to domestic abuse suicides. It is very sad that victims have waited years for concrete changes and it now seems that there is not a huge amount, according to what the Minister said in her response, that will make the difference. There needs to be something, so I will think carefully about everything she has said. I certainly plan to come back at the next stage with something that perhaps will not have so many holes in it. I beg leave to withdraw the amendment for now.

Amendment 334A withdrawn.

Social Media: Scam Adverts and Fraudulent Content

Baroness Doocey Excerpts
Thursday 11th December 2025

(1 month ago)

Lords Chamber
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Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Lord is absolutely right. The Government have accepted that there is a challenge in that area. There are resources going into educational opportunities, particularly targeted at university students, to help them avoid money laundering. Some months ago I visited a scheme—as it happens, in my home area of north Wales—where educational opportunities were being undertaken by regional organised crime agencies to meet students to explain how money laundering works and how they can become victims of money laundering without realising they are involved in it. There is a great educational opportunity and we are trying to work through that, but self-evidently I will continue to look at what more can be done.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, how will the Government ensure that the new fraud strategy leads to a genuine increase in fraud cases being properly investigated and taken to court? Will the Government make clear that success will be judged not by the volume of fraud cases reported but by the convictions secured, the investigations opened and the charges made?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Baroness is absolutely right. One of the things that we are trying to do—again, trailing the fraud strategy—is to ensure that we have better criminal justice outcomes for investigations. We are just starting—this will become clearer when the fraud strategy is produced—a better journey for victims of fraud in terms of reporting, keeping them informed and getting to criminal justice outcomes. There is a real wish by the National Crime Agency in particular and the Serious Fraud Office to look at how we can bring criminals to justice. A number of measures have already taken place where we have seized assets and brought people to court, and I want to see that continue. It is vital that we make the UK the hardest place possible for fraudsters to operate, which means not just protection and better investment in telecommunication platform issues but putting in an element of serious risk for those fraudsters to ensure that they end up behind bars or lose their assets.

Lord Pannick Portrait Lord Pannick (CB)
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My Lords, I support the noble Baroness’s amendment for the reasons she gives and for a further reason, which is that I deprecate the practice of Ministers of all Governments of not bringing into force legislation which has been enacted by Parliament. Parliament intends legislation to come into effect; otherwise, we are wasting our time debating and approving it. Parliament enacts legislation to address a mischief, as, in this case, the mischief that the noble Baroness, Lady Brinton, has identified. Of course, I understand that sometimes time is needed to prepare for the effects of legislation, perhaps because implementing regulations are needed, but after two years, it is high time for this legislation to come into force.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, this amendment exposes the indefensible gap between Parliament’s clear intent and women’s lived reality. The new offence was deliberately framed to capture deliberate, targeted and deeply damaging conduct, with a suitably serious maximum penalty, but without commencement, there are no consequences for offenders and no visible progress for the public. The Government’s delay sits uneasily alongside their stated ambition to halve violence against women and girls, particularly given previous assurances that implementation would follow swiftly as part of their wider strategy.

From these Benches, the message is simple: Parliament has already done the hard work in legislating; what is now required is immediate commencement, not further consultation or prevarication, so that this cross-party achievement can finally begin to offer real protection on the streets and in public spaces.

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, I am very grateful to the noble Baroness, Lady Brinton, for moving this amendment, which, as she says, seeks to accelerate the commencement of the 2023 Act. The intention behind the amendment is clear and wholly understandable: to ensure that victims of sex-based harassment benefit from protections that Parliament has already approved, and to do so without further delay.

Without doubt, there is a shared desire across this House to see individuals, particularly women and girls, better protected from harassment in public spaces, and while I entirely understand that commencement provisions often involve important practical and operational considerations, including the readiness of policing and guidance frameworks, and that there has to be an explanation of the implications of altering the timetable set out in the original Act, we on these Benches recognise the motivation behind the amendment and the concerns that it seeks to address.

If the Government do not agree with the amendment, we look forward to hearing from the Minister what progress there has been towards commencement and whether the approach proposed here would assist the effective implementation of the Act’s provisions.

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Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
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My Lords, I support Amendment 316 from the noble Lord, Lord Black of Brentwood. Unfortunately, the noble Lord, Lord Pannick, has just taken my entire speech away from me, so I will not quote Coke’s. I thank him for what he has said. He is a lawyer and he has tried to help with this.

On the point of this amendment—I declare an interest as a vice-chair of the APPG on Cats—the noble Lord, Lord Black of Brentwood, has our support on animal welfare, and indeed he has been driving this for a number of years via a number of APPGs. So the essence of what he is trying to do is right. The comments that the noble Lord, Lord Pannick, made are helpful: perhaps when we get to another place, we will have a better-worded amendment that carries more support.

For me, the reason I am supporting this is because of the animal side, but there is evidence that the abuse of animals leads to abuse of children. That link is clear, and there is evidence from everywhere that that is where it starts, but it ends with children and young people.

That is why this amendment, difficult as it is to speak about, is vital. When the evidence is there of a cause leading to a different cause that is worse, the amendment should get the support of this House and the Government. The noble Lord, Lord Blencathra, is right; he is trying to right a wrong and he understands the points of law. His principle is right: this does need resolving, and it is an important issue to animal lovers. Lots of animal lovers in this country have no idea that this is going on around them. The noble Lord, Lord Pannick, may be right, in that some of the people in question are poor people who are not part of society; but there are also those who kill animals for videos and live feeds, to be watched for money. That is going on all around the world; it is not just an English problem.

There is a bigger picture. This is not just about an unfortunate person abusing an animal; like everything else in today’s debate, it is a wider society problem. I hope that people approach this with the gravitas it deserves. Animal abuse is one thing; but transferring that to children and young people is equally important. That is why I support the amendment.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, this group of amendments reflects the realities that the police, the NCA and child protection agencies now face, with children being coerced online into self-abuse, harming siblings or even abusing their family pets under pressure to provide images or live streams as proof. The overlap between child sexual abuse—as the noble Lord, Lord Black, has so clearly demonstrated—offline offending and animal cruelty is now recognised in safeguarding and law enforcement practice. It comes alongside a wider surge in online animal abuse content, in which abuse is staged, filmed and shared for attention or gratification. Strengthening the law on animal sexual abuse so that it reflects how this behaviour is perpetrated and disseminated online is therefore necessary and overdue.

Two points are critical. First, terminology matters. Animal sexual abuse is now used in policing and safeguarding precisely because it captures a wide range of exploitative conduct that is formed, traded and used to control and terrorise victims, including children. Narrowing the language risks opening loopholes that offenders will exploit. Secondly, these reforms need to go hand in hand with better investigation, data sharing and sentencing so that the growing volume of image-based offending against children and animals results in real accountability rather than just statistics.

The sexual abuse of animals and the use of such material within wider abusive networks, which is reprehensible, must now be treated with the seriousness the evidence demands.

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, I thank my noble friend Lord Black for his contribution this evening and for his amendments. I welcome the moving of Amendment 316.

As others have said, animal sexual abuse is one of the cruellest acts imaginable. It sees the taking advantage of defenceless creatures, often by those who are expected to be caring for them, and shows complete disregard for living, conscious, feeling creatures who frequently become damaged, traumatised and often die as a result of ASA. I wholeheartedly agree with all noble Lords that it is an offence that deserves to be dealt with using the full force of modern law. The amendment would ensure that the law reflects the severity of the crime. As has been outlined by other noble Lords, applicable legislation is currently fragmented and often parochial. At present, too many offences fall outside the scope of prosecution and the legislative framework is not reflective of the current reality.

I will not repeat all the statistics presented in my noble friend’s excellent opening speech, but it is worth emphasising a couple of his points. The first is the connection of ASA with child sexual abuse offences, general sexual offences, domestic abuse and coercive and exploitative behaviour. As was demonstrated, there exists empirical evidence that proves this correlation. In the United States of America, for example, nearly one-third of ASA offenders have also sexually offended against children and adults. In the UK, 71% of domestic abuse victims have reported that the abuser also targeted pets. There is clear evidence that certain offenders commit similarly related crimes.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I fully endorse the important points raised by the noble Baroness, Lady Brown. I had great pleasure in working with the noble and learned Baroness, Lady Butler-Sloss, on the Modern Slavery Bill. I am totally in awe of her experience and her willingness to share that experience, which, as a new Peer, was absolutely wonderful for me—although I could certainly do with it now as well.

The government amendments in this group provide more welcome detail on the definition and operation of child criminal exploitation prevention orders and include provisions necessary to cover the whole of the UK, not just England and Wales. As with other government amendments during the passage of the Bill, we welcome the expansion of detail in the Bill. Could the Minister confirm that each of the three devolved states has approved the relevant amendments in this group? It would be very good to hear that this has already been done. I do not disagree with anything that anyone has said so far—it has been an excellent and very clear unification of the views of everyone here.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I thank the noble Baroness, Lady Brown of Silvertown, for introducing this large group of amendments. As noble Lords will appreciate, many of the amendments before us today concern matters of clarification or technical improvement to ensure consistency across the Bill and the amendments tabled so far.

We on these Benches are broadly supportive of these changes, particularly when they strengthen child safeguarding protections and improve clarity, which we hope will eventually result in more seamless practical implementation. In this regard, we welcome amendments extending the scope of child criminal exploitation prevention orders to Scotland and Northern Ireland, and those clarifying procedural matters, such as the form of notification requirements when oral notification may not be practicable. These are sensible adjustments that contribute to ensuring that the Bill operates coherently across the four nations and in real-world enforcement scenarios.

I briefly draw attention to Amendment 235ZA in my name, which would remove Clause 43(3)(a). That subsection currently requires that, when a court makes a criminal exploitation prevention order, the terms of the order must avoid

“conflict with any religious beliefs of the defendant”.

Although religious beliefs are, of course, an important individual right, the purpose of these orders is to protect children from very serious criminal harm. It is, therefore, my view that safeguarding and public protection must take precedence over all other concerns and that no such exemption should hinder appropriate and proportionate restrictions when a court considers them necessary. I hope the Government consider the matter carefully and take the recommendation on board.

Finally, I thank the noble Baroness, Lady Finlay of Llandaff, for bringing forward Amendment 235A, which would give the courts an explicit ability to impose a prevention order to protect a child from being threatened, intimidated or coerced into criminal exploitation. The intention behind the amendment—to intervene earlier and more effectively to safeguard children at risk—is one that I hope all sides of the Committee can support. I look forward to hearing the Government’s response and clarification of how the Bill will ensure that those protections are fully delivered. These are complex issues, but our shared objective is simple: to ensure that vulnerable children are protected and that those who exploit them face firm consequences. I hope the Government will reflect carefully on the points that have been raised here today.

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Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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That is a valid point. I have considered with officials how we ensure enforcement of the guidance. I simply put it to the noble Earl—and we can debate this outside the Bill—that the statutory guidance is issued to chief constables of police forces under Clause 60 and they have a legal duty to ensure that statutory guidance is implemented, and officers have a legal duty to support and interpret that at a local level when they are faced with incidents of child exploitation as defined by the Bill. That requires a whole shift of culture and of training—I understand that. I will take from this comment and from the Committee generally that my colleagues in the Home Office need to look not just at the guidance but at its implementation. Ultimately, it has a statutory footing, and that is the key point for the Committee.

Baroness Doocey Portrait Baroness Doocey (LD)
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Will the Minister take on board the fact that countless inspections of police training, including by HMICFRS, have said that there has not been an independent assessment of police training since 2018, despite the fact that so many of the policing bodies themselves have asked for it? Taking the point, will he now say that there will be an independent assessment, so that police training can be much more appropriate and police will know exactly what they are supposed to be doing when we sit in this House and make legislation?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I will sound like I am repeating myself from Question Time, but, very shortly, we anticipate bringing forward a policing White Paper looking at a whole range of mechanisms to improve police performance. If the noble Baroness will allow me, I will wait for further detail on the policing White Paper, which I have already said to the House will be published before Christmas, to allow for further discussion on a range of efficiency and improvement matters for policing. The point she makes is worthy of consideration, but I will park it until a later date in the parliamentary calendar.

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Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
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My Lords, I chair a commission on forced marriage. One of the most useful things that the Labour Government did in 2007 was create a forced marriage protection order. That was intended to deal with the perpetrators rather than the victims. However, having listened to the speeches so far, I realised that I had not thought of protection orders being for the victim rather than to prevent the victim being dealt with.

It is an admirable scheme. I was much touched by the story that the noble Lord, Lord Russell of Liverpool, gave to us. One thing that would make it most useful is to deal with parents. My experience is not so much in this area, but when I was a family judge, one of the problems, particularly in care cases, was the inability of the parents to manage their children. Very often, the children were very well meaning, but they absolutely would not do what their parents said. Is anybody who is a parent surprised? As a grandparent, I am even less surprised by the fact that children, if they are told to do something by a parent, will not do it—just out of bloody-mindedness, apart from anything else.

This would offer a genuine ability to look after a child who is being exploited and is extremely vulnerable, but whose parents, trying as hard as they can, cannot manage him or her. This would give them the power, apart from the authorities, to do something useful—and useful not just for the child but for the state.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, we welcome this amendment, which would provide a valuable additional tool to protect children who are criminally exploited while at the same time committing criminal acts that victimise others. The amendment seeks to address these behaviours proportionately, managing the child’s risk to others without inflicting the potentially life-changing damage of having a criminal label attached, while ensuring the child is protected from further exploitation.

A criminal exploitation protection order would be an important step towards providing an end-to-end response for children in this situation. Unlike a youth rehabilitation order, it would directly target behaviours linked to child criminal exploitation, addressing the unique power imbalances and coercion involved in those often-complex situations. I urge the Government to look closely at the proposed order, which would be an extremely worthwhile addition to the Bill and which has the full support of these Benches.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I am grateful to the noble Baroness, Lady Armstrong of Hill Top, for bringing forward this important amendment. It speaks to an issue that has been much discussed during the Bill’s passage: the urgent need to protect children who are coerced or manipulated into criminal activity by those who exploit them for profit and control.

Amendment 247 proposes a new clause to establish a criminal exploitation protection order. This would be aimed directly at safeguarding children who have already been subjected to criminal exploitation, preventing further harm. As the noble Baroness has eloquently explained, these children deserve support and a clear pathway out of exploitation. Undoubtedly, there is merit in exploring whether a new bespoke order focused on the safety and welfare of the exploited child could complement the existing prevention orders in the Bill which target the adult perpetrators. We recognise the intention behind ensuring that prohibitions and requirements are carefully balanced so as not to interfere unnecessarily with education, family life or existing legal orders. From these Benches, we are sympathetic to the objectives of the amendment.

We recognise that introducing new regimes raises practical considerations that must be considered. I therefore look forward to hearing the Government’s response and to further discussion as the Bill progresses. Protecting children from exploitation must be central to this legislation. I thank the noble Baroness for her continued leadership on this issue.

Lord Blencathra Portrait Lord Blencathra (Con)
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I apologise to the noble Lord, Lord Hanson; I was not referring to him. It was the Government Whip who was getting very agitated about my comments. I could have spoken for a lot longer if I had degrouped my amendments, but I am not going to do that.

Quite simply, Clause 56 lists all the crimes in Part 1 of Schedule 6 that are relevant to convicting someone of controlling another person’s home for criminal purposes. Schedule 6 is about two pages of big issues—very large crimes—which are completely inappropriate for a summary trial. This is about hijacking someone else’s home, where the homeowner is kept prisoner. That is such big stuff that it should not be triable by summary but only in a Crown Court.

I beg to move—after one minute and 21 seconds.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, we welcome government Amendment 262, which recognises that cases of cuckooing often involve a complex web of coercive control. The person who seems to be in charge may actually be being manipulated or exploited by somebody else, and this addresses that complexity. However, while I understand the points made by the noble Lord, Lord Blencathra, and recognise all too well the potential life-changing harm caused by cuckooing, we are not minded to support restricting the trial venue in that way.

Magistrates’ courts provide quicker access to justice for victims and less delay than Crown Courts, particularly given the current backlogs. This is particularly important as cuckooing is linked to ongoing exploitation, with offenders often moving on to repeat the offence elsewhere, so fast action to stop the creation of more victims may in some cases be the more sensible option. Magistrates’ courts can also be less intimidating for vulnerable victims, supporting them to testify. Many other exploitation and safeguarding offences can be tried either way, allowing the specific facts of each case to determine the appropriate court. Imposing a blanket restriction on trial venue risks delaying justice, undermines established practice, and limits judicial discretion.

The pattern of coercion and control is at the heart of all these issues, whether we are talking about the exploitation of vulnerable children or adults. The evidence shows that women—as well as children—who are coerced into offending, often by traffickers or abusive partners, are in practice more often punished than protected. Too many victims of coercive control are still unfairly prosecuted for offences linked to their own abuse. Many female victims do not report to the police for fear of being criminalised, and that concern is well-founded. If, for example, drugs are being stored or grown in their flat, it is all too often the woman who is prosecuted. The statistics bear this out: around 70% of women in prison are victims of coercion or domestic violence.

Turning to the issue of coerced internal concealment, Amendment 259 links the new offences of causing internal concealment and cuckooing, making it clearer and easier to prosecute these serious and often related behaviours. Coerced internal concealment, whereby a person hides items such as drugs inside their bodies, is a particularly stark illustration of the abuse of power. Anyone who puts another person’s life at risk in this way should be subject to the harshest of penalties, so we support the introduction of this new offence.

I take this opportunity to raise an issue which, regrettably and surprisingly, remains absent from the Bill. In the past five years in England and Wales, a child has been subjected to an intimate police search every 14 hours on average. Black children are four times more likely to be strip-searched compared to their proportion of the population. Half these searches lead to no further action.

In opposition, the Government promised stronger regulation, including a statutory duty to notify parents, which should be the bare minimum. Although a consultation began in April 2024, there have been no firm proposals since, which is disappointing given an earlier commitment from the former Home Secretary to new mandatory rules and safeguards being

“put in place as a matter of urgency”.

That pledge followed a series of recommendations from the IOPC, including a call to amend the law so that police forces are required to make a safeguarding referral for any child subjected to a search involving the exposure of intimate parts. It also called for clearer guidance, enhanced training, greater consistency across police forces and, again, for these reforms to be implemented “quickly”.

Some 18 months later, some forces have improved practice and made more safeguarding referrals, but there is still no legal requirement. The Children’s Commissioner confirms that poor strip search practice is widespread and is not limited to any one force or region; failures include not having an appropriate adult present. Can the Minister confirm that a timescale is in place for the implementation of these recommendations? If not, will the Government consider amending the Bill to reflect the need for urgent action?

Lord Sandhurst Portrait Lord Sandhurst (Con)
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My Lords, I thank my noble friend Lord Blencathra for introducing his amendment. This is an opportunity to consider cuckooing more broadly.

We on these Benches recognise the need for a cuckooing offence, and we did so last year before the general election. I am glad to see that the Government are now following our lead. Data suggests that cuckooing offences have quadrupled in recent years; given that it is a crime largely associated with child exploitation, it is all the more pertinent that we tackle it head on now.

Children are used to conceal and traffic illegal drugs in order to fund the activities of criminal drug gangs. Some 22% of people involved in county lines drug trades are children—that is almost 3,000 vulnerable people under the age of 18 being made to do the dirty work for criminals. These county lines trades are often run out of the dilapidated homes of vulnerable people. Criminals appropriate and transform them to use them for their own ends. Children are ferried in and out; they are sent to similar locations all over the country. It is a very specific crime that requires a very specific law. We see force in my noble friend Lord Blencathra’s amendment, but we would not wish to tie the prosecutor’s hands.

Amendment 259, which addresses the offence of causing internal concealment, would prohibit cuckooed houses being used to house people who hide and then transport drugs. These people, as I have pointed out, are often children. Amendments 260 and 261 address that more broadly. Cuckooing—using children for criminal purposes—is a heinous and exploitative crime and it is right that it be given its own offence. However, while we welcome the Government agreeing to come with us on cuckooing, it is a shame that they have failed to address another root cause of the issue. As we have said, cuckooing is a crime primarily committed by gangs who co-opt homes to run their criminal operations. If you could break up those gangs, you would reduce cuckooing; the two feed off each other.

On the previous day of Committee, His Majesty’s Opposition had two amendments that would have done this. The first amendment would have created a statutory aggravating factor for gang-related offences. The second would have created an offence for specific gang-related graffiti. We appreciate the Government following our lead to create the offence of cuckooing, but if they are serious about this, they should do the same with gangs. Our measures would not, as some noble Lords suggested, criminalise fence-painting or church symbols. Neither is a gang sign. They would, however, deter gangs from their activities and lock up members who partake. This would be just as effective as this new offence.

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Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The Committee has considered that amendment. If the noble Lord wishes to write to me on any details, I will certainly write back to him, but, in the interests of progress, it would be better if that was dealt with outside the Chamber, given that we have debated those matters already.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, very briefly, the government amendments set out the devolution arrangements to ensure that criminals cannot exploit differences between the four nations, and we are very happy to support them.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, this is an important issue that I know there is cross-party support for, and I am largely supportive of the intentions behind the amendments in this group.

The first of the Minister’s amendments acts largely to tidy up the drafting of the Bill and ensure its thoroughness. I agree with this. Expanding the scope for technology testing regarding child sexual abuse materials is welcome.

Similarly, extending provisions to ensure that they are the same in all parts of the union is a minor but important amendment. Consistency across our internal borders is the best way to ensure that children are protected equally everywhere. It should help with cross-border co-ordination between authorities, and I therefore welcome it.

I see the logic behind government Amendments 295A and 295B. It is the right approach that, if the Government want to crack down on technology, they should first do so at the source. That means discovering which technologies are being used to create unlawful content, which requires people to test them. This would also, I hope, have the additional effect of not blanket banning content for people without nuance, instead targeting the specific pieces of software responsible. So long as the individuals able to use this as a defence remain strictly authorised by the Secretary of State, I appreciate the amendment’s aim.

This should go hand in hand with an initiative similar to the one suggested by my noble friend Lord Nash. If the Government can identify the technology used, they should attempt to shut it down. Unfortunately, this is often outside the Government’s jurisdiction and therefore some form of software to prevent the distribution of child sexual abuse material might be the next best approach. I hope that the Minister can confirm that they are perhaps looking at this.

As I said, this is a non-partisan issue. We all want to reduce child sexual abuse, online or offline, and these amendments should work to help the Bill achieve the former. I hope that the Minister can, in due course—perhaps at a later stage—fully outline how this new technology will be implemented and applied consistently, and will consider my noble friend Lord Nash’s amendment, but I broadly support the approach.

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Lord Hacking Portrait Lord Hacking (Lab)
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My Lords, having arrived in this House a very long time ago—53 years ago—I know this House works best if it treats legislation as an evolutionary process. The Online Safety Act seemed to be a very good Act when we passed it two years ago, but now we have further, drastic evidence, which we have heard in this debate. I am confident my noble friend the Minister will treat the speeches made in this debate as part of the evolutionary process which, I emphasise again, this House does best.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, I thank the noble Baroness, Lady Kidron, for bringing forward these amendments and for explaining them so clearly. The understanding of the Independent Reviewer of Terrorism Legislation, Jonathan Hall, is that AI chatbots do not trigger the illegal content duties since these tools are not considered to show mental intent. As a result, chatbots can generate prompts that are not classified as illegal, even though the exact same content would be illegal and subject to regulation if produced by a human. I find that quite extraordinary.

By accepting these amendments, the Government would be acting decisively to address the fast-evolving threat which this year saw abusive material of sexual content for children rise by 380%. In April 2024, the Internet Watch Foundation reported that a manual circulating on the dark web, which the Minister referred to earlier, instructed paedophiles to use AI to create nude images of children, then use these to extort or coerce money or extreme material from the young victims. The charity warned that AI was generating astoundingly realistic abusive content.

Text-to-image generative AI tools and AI companion apps have proliferated, enabling abusers to create AI chatbot companions specifically to enable realistic and abusive roleplay with child avatars. Not only do they normalise child sexual abuse, but evidence shows that those who abuse virtual children are much more likely to go on to abuse real ones. Real children are also increasingly subjected to virtual rape and sexual abuse online. It is wrong to dismiss this as less traumatic simply because it happens in a digital space.

The measures in the Bill are welcome but, given the speed at which technology is moving, how easy or otherwise will it be to future-proof it in order to keep pace with technology once the Bill is enacted?