Crime and Policing Bill

Lord Cameron of Lochiel Excerpts

Wednesday 4th March 2026 Lords Chamber

[Lord Cashman (Non-Afl)]

My Lords, I will speak very briefly, because the one thing I agree on with the previous speaker is that it is late. I was not going to speak, but the amendment directly affects me. It affects the kind of country I want to remain living in. I have to say to your Lordships that I wake up most mornings wondering why our country has become so mean and why hate is so promoted and why hate crime is rising. I speak because I am a member of the LGBT community. I have had bricks through my window in the past. Sadly, if it were done now, it would be properly prosecuted.

A civilised society has nothing to fear from the way it protects minorities, particularly vulnerable, dehumanised and misrepresented minorities. Indeed, I would argue, looking at past legislation that has made my life better in so many ways, that the way we treat minorities is the litmus test of any decent, civilised country. Therefore, I urge your Lordships to get into the Content Lobby behind the Government and support this vital and necessary government amendment.

[Lord Cameron of Lochiel (Con)]

My Lords, I am very grateful to all noble Lords who have spoken in the debate on this group. It is a very large group with a number of significant amendments.

As a preliminary, my Amendments 346 and 348, and government Amendment 347, are about an issue relating to emergency workers which we on these Benches have been highly critical of throughout proceedings on the Bill in relation to trying to leave out the clauses that create new criminal offences relating to abuse towards emergency workers. We have stated our opposition to those in Committee, and I do not seek to repeat those points today.

My main concern today is government Amendment 334 and its consequentials. The broad thrust of my argument is around, first, the lateness with which the amendment has appeared, and secondly, the overlap with the sentencing regime.

We are very disappointed that the Government have brought forward such a significant amendment at this late stage in the Bill’s proceedings. We have not had the ability to discuss it in Committee, and the Government are now asking us to accept an amendment for the first time which has not been adequately scrutinised. We have had several general debates about some of the issues raised, but tonight we have had a two-hour debate where lots of different points and arguments have been made, and we now have to decide not only whether the intent behind the amendment is sound but whether the Government’s drafting of it is workable. That is a tall order, given that this is our first—and if the Government have their way, our last—debate on the amendment. In my view, the noble Lord, Lord Rooker, is absolutely right.

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Amendment 340A suggests a modest drafting change, but one with real practical impact for victims, police, prosecutors and safeguarding partners. It would help to ensure that data reflects the true scale of honour-based abuse and that multi-agency responses are based on an accurate understanding of how these crimes are organised. We strongly support all three amendments and urge the Minister to accept Amendment 340A in particular.

[Lord Cameron of Lochiel (Con)]

My Lords, I am grateful to the Minister for bringing forward these amendments. I thank my noble friend Lady Sugg for her determined and tireless work on honour-based abuse. I know that the Government had intended to bring forward a statutory definition at some point, but it is purely down to her efforts during the passage of this Bill that we are discussing it today, and she fully deserves the commendation she has received this evening.

I will not repeat the points of my noble friend’s speech but simply reiterate that we plainly welcome the introduction of a statutory definition. I hope it will help in getting justice for the most vulnerable members of our society. I also offer my support to her amendment, which aims to provide legal clarity and remove ambiguity about the nature of honour-based abuse. It can take a wide array of forms, but a common trend among them is that it is often committed by families and community groups. My noble friend is, I think, simply seeking clarity on the Government’s new provisions so as to provide explicit confirmation of the position.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Sugg, for her Amendment 340A, which has had the support of the noble Baronesses, Lady Doocey and Lady Verma, the noble Lord, Lord Russell of Liverpool, and to some extent the noble Baroness, Lady Fox of Buckley. I understand where she is coming from and I will try to explain where we are and how we can interpret her point.

On the noble Lord, Lord Lucas, and Lord Mandelson, formerly of this Chamber, I do not think that now is the appropriate time for me to comment on that—first because a number of potential legal cases are going on, and secondly because I do not conflate anything that will or will not face Lord Mandelson with the horrors that people have faced with honour-based abuse. The noble Lord has made his point, but I will not respond to it today.

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[Lord Pannick (CB)]

My Lords, the noble Lord, Lord Marks, mentioned the reservations which I expressed in Committee. I have thought further about this matter since Committee. Indeed, the purpose of the gap between Committee and Report is precisely so that all noble Lords—not only noble Lords on the Cross Benches and Back Benches but Ministers—can reflect on what was said in Committee.

I have looked in particular at the provision which the noble Lord, Lord Marks, mentioned, Section 76 of the Serious Crime Act 2015, which creates an offence of:

“Controlling or coercive behaviour in an intimate or family relationship”.


It uses, as the noble Lord, Lord Marks, rightly said, the same concepts that the amendment tabled by the noble Lord and the noble Baroness, Lady Doocey, seeks to implement in the law in the present context. It seems to me that there is a very close analogy between that existing criminal offence and the present context, which is not in the same intimate or family relationship but in the relationship between the psychotherapist or counsellor and the patient.

For my part, I cannot see why the mischief—and it is a mischief—which the amendment seeks to identify should not be a criminal offence. Why should it be that persons who carry out conduct that is defined in this provision should not be subject to the criminal law? Regulation is important, but it is not the answer. The mischief defined in Amendment 358 should be a criminal offence. I have changed my mind.

[Lord Cameron of Lochiel (Con)]

My Lords, I thank the noble Lord, Lord Marks of Henley-on-Thames, for bringing his amendment back on Report, and commend him for his continued championing of this issue. Regrettably, these Benches cannot endorse his amendment. We acknowledge that there is plainly a gap in the current law that is causing an issue within the counselling and psychotherapy sector, but are less sure that the amendment as drafted would best serve victims and help them get redress.

As has just been said, the amendment would introduce an offence modelled on Section 76 of the Serious Crime Act 2015, which itself introduced the offence of controlling and coercive behaviour by intimate relations or family members. Like the noble Lord, Lord Pannick, I understand the parallel with this, but I believe that they are fundamentally different in nature, with counselling and psychotherapy being a relationship with a client and a provider in a different setting.

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[Lord Fuller (Con)]

My Lords, I will speak against Amendment 367. I have the gravest concerns about it. I am not going to echo everything my noble friend Lady Coffey said, but it amounts to a hackers’ charter. I take security and IT security very seriously. I am responsible for IT security in my business. We are in a sensitive industry—we are involved in global trade—never more so than today, when ammonia and natural gas are under global pressure as part of a war. You have to take these things seriously.

When I joined your Lordships’ House two years ago, there was a briefing and I was pleased that I was one of a handful of Peers and MPs who had a password manager. Every password I have is at least 16 characters—they are random and not one is repeated. You have to take this stuff seriously—no pet names, not using your wife’s name or possibly a wedding anniversary. Using a VPN is important as well.

No matter what precautions you take, however, someone is always going to have a go. What this amendment does is give the malevolent hacker a free pass to get through: a ready defence. It is not just that. We need to recognise that technology is changing all the time. All the things I may do with passwords are not enough. Even using face, voice, biometrics and two-factor authentication, cloned SIM cards or using public wifi to intercept signals are important ways in which even the most diligent and careful person can have their data compromised. There are people who want to abuse your privacy or insult your business. We can simply create a crime, but we must take a huge number of steps to avoid jeopardy or giving them a “get out of jail free” card.

In my view, this amendment would mean that, if somebody finds something, they get off, but if they do not find anything then they are guilty. All those years ago when I was at school, we were taught about trial by ordeal. If you gripped a red hot iron bar and you got blisters, you were guilty; if a lady was put on the ducking stool and she drowned, she was probably innocent. This is the sort of perverse outcome that this amendment would provide.

Further, it denies how technology is changing in so far as AI is concerned. In our minds, we have a spotty teenager hacking away at their computer, perhaps late into the night while playing Fortnite on the other screen. What this amendment does is give an opportunity for AI, mechanisation, and the industrialisation and automation of structured hacks on a phishing expedition—a mass insult or mass trolling to try to scrape as much as they possibly can. The public interest is in the eye of the beholder, and because there is no pure definition that is challengeable, and so one would have to go to the law or ask international lawyers what amounts to a statement of the law, we are going to get in a muddle.

I cannot support Amendment 367, not just because I think it is naïve, in so far as it is thinking about the individual at home, but because it fails to understand the way that technology is changing so rapidly—the industrialisation, AI and so forth, and the volume attacks. We cannot give a perverse incentive that allows those people with malevolent intent to get off while individuals, business and the economy, at home and abroad, are under attack.

[Lord Cameron of Lochiel (Con)]

My Lords, I am grateful to the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Doocey, for bringing back this amendment on Report. As was our position in Committee, we recognise the need to update the Computer Misuse Act 1990 and bring it in line with the online reality in which we now live, 36 years after the Act.

I am grateful that, in Committee, the Minister acknowledged the need for the Government to examine the pro-innovation regulation of technologies review by the noble Lord, Lord Vallance, and come to their own conclusions. He was right then that it is entirely reasonable to expect cyber security to be updated with the growth in internet use and the corresponding growth in cyber attacks.

Little more needs to be said, other than that we support the intentions of the noble Lord, Lord Clement-Jones. I hope that the Minister will be able to update the House on the changes to the Act that the Home Office has considered.

[Lord Katz (Lab)]

My Lords, I am once again grateful to the noble Lord, Lord Clement-Jones, for his amendment and for returning to this very important subject. I am also grateful to the noble Baroness, Lady Coffey, the noble Lord, Lord Fuller, and the noble Lord, Lord Cameron of Lochiel, for contributing to this short but vital debate. I thank the noble Lord, Lord Clement-Jones, for taking the time last week to meet with myself and officials to discuss this issue.

Cyber security professionals play a crucial role in protecting the UK’s digital systems. I support the intention behind this amendment; we broadly agree on the benefits of introducing a statutory defence. That is why we have been developing a limited defence to the offence of unauthorised access to computer material, provided for in Section 1 of the Computer Misuse Act, that will allow trusted cyber security researchers to spot and report vulnerabilities in a responsible manner.

We have made significant progress in shaping a proposal, but some details, including ensuring adequate safeguards, still need refinement. To date, we have briefed over 100 industry and expert stakeholders, including both cyber security firms and system owners, to finalise the approach. Engagement to date has revealed strong support for reform, alongside clear calls to ensure that the defence is workable for a range of cyber security researchers. We will provide a further update once that work is complete.

The noble Lord, Lord Fuller, said that the principle of a limited statutory defence risks creating a hacker’s charter. I stress that we are working with the whole industry—including, of course, the system owners—to develop a nuanced approach that is future-proofed and allows for responsible work in this area.

I reassure the noble Lord, Lord Clement-Jones, that the Government intend to legislate for a statutory defence against Section 1 of the Computer Misuse Act once this work has been completed and when parliamentary time allows. We are not quite there yet, so this Bill is not the right vehicle, but we are committed to delivering a solution that is proportionate and practical for both researchers and law enforcement. Like his colleague on the Liberal Democrat Front Bench—the noble Baroness, Lady Pidgeon—did earlier, the noble Lord tempts me to somehow forecast what might be in a future King’s Speech. I cannot be that precise.

As a possible response, the noble Lord mooted the Cyber Security and Resilience (Network and Information Systems) Bill, which will be a carry-over Motion. I am not going to get into the detail of that tonight, but I am very keen that we stay in communication. The noble Lord has asked some complex questions. He is going to write to me, and I am very happy to respond in kind. In light of the progress we made at the meeting we had last week, and the progress we were making on developing a proposal that has acceptance across the industry and is future-proofed and nuanced—we are, of course, very keen to continue the dialogue—I hope the noble Lord will withdraw his amendment.

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[Baroness Coffey (Con)]

It is the Government who have kept their Back-Benchers here at this time of night and kept the debate going. I am allowed to speak, am I not? The noble Lord, Lord Clement-Jones, sprang up before me. But for all the Back-Benchers complaining about people debating this important issue, it was the Government’s decision to keep the debate going to this point, and some of that is to prevent a Division on the matter.

I am trying to understand—a question that my noble friend and the noble Lord, Lord Clement-Jones, put so eloquently—why the Government are not accepting this amendment. They have given every indication that they will not. I appreciate that losing a mobile phone may be inconvenient, but the number one issue is the impact on tourism in London. It is why Sadiq Khan has painted up and down Oxford Street the words, “Don’t stand here”—because you might be attacked for your phone. It is ridiculous that, in our capital, the Mayor of London is painting these signs. It is all over the Tube as well that you might get your phone pinched. Yet the Government, for some reason, do not seem prepared to get tough with the mobile phone companies and prevent, as a former Metropolitan Commissioner has pointed out, a pretty lucrative business model which could be addressed—not just the thefts but the physical incidents that are happening, principally, though not only, in our capital—by taking forward my noble friend’s amendment.

It worries me that there is a risk of getting tribal on this, when we do not need to. Does the Minister want to intervene? I think she just said something from a sedentary position. I see she does not want to intervene. Does somebody else want to intervene? Was that the noble Lord, Lord Forbes? Does he want to intervene, with his experience of Newcastle? No, he does not want to intervene.

This is affecting not only citizens but tourists, and that has a massive impact on the attraction of our capital. The Government should be taking this issue a lot more seriously than they seem to be and trying to stop a crime that is one of the principal causes, in crime survey statistics, of people being frightened to go out and about on the streets of our capital city.

I am somewhat disappointed that this debate is happening close to midnight. I am conscious that Government Back-Benchers do not want to be here, and I can see that the Opposition Back-Benchers do not want to be here, but I do, because I care about people in our communities.

I appreciate that my noble friend will not want to test the opinion of the House tonight, but we must find a way to tackle this issue for the sake of everybody. Parliament must listen to the concerns of people across this country, and those trying to visit this country, and tackle something that has become so pernicious that it is a genuine threat to the prosperity of the many businesses that rely on people coming to this country and going out to enjoy themselves.

[Lord Cameron of Lochiel (Con)]

I thank my noble friend Lord Jackson for his amendment regarding cloud-based services and access restrictions for lost or stolen devices. As my noble friend said, a similar amendment to the one before us was presented in Committee, during which it was pleasing to see Cross-Bench support from noble Lords on this proposed solution to an increasing problem.

Mobile phone theft is now a high-volume and high-impact crime. It is particularly prevalent in urban areas, obviously, and can often cause distress to its victims, as well as financial loss. Rather than simply creating new offences or imposing more severe punishments, we must address the current incentives that sustain the criminal market for stolen mobile devices. As was our position in Committee, we must act to remove the profit motive that fuels this behaviour in the first instance.

Amendment 368 in the name of my noble friend Lord Jackson seeks to achieve that precise goal. By requiring providers to take reasonable and timely steps to block access to services once the device is verified as lost or stolen, stolen phones would no doubt be less valuable on the resale market. This would result in the substantial removal of the economic rewards that drive organised and individual phone theft. The blocking of access to cloud synchronisation and authentication services would plainly strip stolen devices of much of their value to criminals. Quite bluntly, this proposal has the potential, as we have heard from other noble Lords, to undermine the business model of those stealing phones.

The amendment would also build on important safeguards. It would require a verified notification, a mechanism for appeals or reversal in cases of error or fraud, and an obligation to notify both the National Crime Agency and local police forces, thereby strengthening intelligence. Of course we must recognise that any operational mandate of this kind must be technically feasible and proportionate—the Secretary of State must therefore set appropriate standards and timelines through regulation—but the principle behind my noble friend’s amendment is vital. If smartphones lose value as criminal commodities, the incentive to steal them will be reduced. We on these Benches give this amendment our fullest support, and I look forward to the Minister’s response.

[Lord Hanson of Flint (Lab)]

Once again, I am grateful to the noble Lord, Lord Jackson, for tabling this amendment. I begin by saying to the noble Baroness, Lady Coffey, in particular, but also to the noble Lords, Lord Fuller, Lord Hogan-Howe and Lord Jackson, and the noble Baroness, Lady Neville-Rolfe, that this Government take mobile phone theft seriously. That is why we have measures in the Bill to take it seriously, and why my right honourable friend the Home Secretary convened a mobile phone summit for the first time last year. That is also why we encouraged the Met to undertake its conference next week on mobile phone theft.

That is also why, in figures I can give to the noble Baroness, over the past year—the first year of this Labour Government—mobile phone thefts in London have fallen by 10,000, a reduction of 12.3% from the previous Government’s performance. It is a real and important issue. We are trying to tackle it and are improving on the performance from the time when she was Deputy Prime Minister. I just leave that with her to have a think about that, even at this late hour.