Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Committee stage
Wednesday 17th December 2025 Lords Chamber

[Lord Pannick (CB)]

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 (LD)]

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.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Baroness Doocey (LD)]

My Lords, on these Benches we recognise the purpose of time limits and we recognise the right to fair trial, but survivors of child sexual abuse should not be barred from justice simply by the passage of time. The difficulty lies, of course, in striking that balance. At the moment, too many claims with merit are rejected at the outset or, more often, not brought at all. Clause 82 is therefore welcome in principle, yet new Section 11ZB(3) then proceeds to undermine it, mandating dismissal if defendants can show “substantial prejudice”—a vague term undefined in the Bill, which, as my noble friend Lady Brinton said, may be appealing to defence lawyers. A court already has the power to dismiss a case if it believes that the defendant cannot receive a fair trial, so we find it difficult to understand the justification for this extra layer of protection. The inclusion of this provision risks effectively undoing all the good work of the clause. Amendment 289 would close that escape hatch, ensuring that it brings meaningful change. I urge the Government to reconsider in the light of this amendment.

[Lord Pannick (CB)]

I add my voice to what has been said by the noble Baroness, Lady Doocey, and the noble Lord, Lord Faulks. The fundamental principle is set out in new Section 11ZB(2): if the defendant cannot have a fair trial, the hearing cannot proceed. The gravity of the allegations and the public interest demand that there be no hearing, notwithstanding the damage that this causes to the unfortunate alleged victim. I entirely agree that new Section 11ZB(3) confuses the position; it introduces uncertain concepts and will inevitably lead to unhelpful litigation.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Lord Pannick (CB)]

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 (LD)]

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.