Crime and Policing Bill

Lord Davies of Gower Excerpts

Wednesday 25th February 2026 Lords Chamber

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, the Government’s amendments in this group all relate to certain of the delegated powers in the Bill. In the main, they respond to recommendations made by the Delegated Powers and Regulatory Reform Committee and the Constitution Committee in their reports on the Bill. I am very grateful to both committees for their scrutiny of this legislation. Your Lordships’ House will be pleased to hear that I will not repeat all the arguments made by the Government. Instead, I point noble Lords to the responses to each of the committees’ reports, which are available on their respective web pages. However, let me briefly explain the various government amendments that address the committees’ concerns.

First, Amendments 15 and 25 to Clauses 9 and 24 provide that the guidance on fly-tipping enforcement and the new civil penalty regime, in respect of a failure to remove illegal online content relating to knives and offensive weapons, are subject to the negative procedure. I stress to noble Lords that the Government’s general position remains that it is not necessary or appropriate for the generality of statutory guidance to be subject to any parliamentary procedure. However, there are limited exceptions to that general rule, and we agree that the guidance provided for in Clauses 9 and 24 should be two such exceptions, as per the DPRRC’s recommendation that in both cases the guidance should be subject to the negative procedure.

Secondly, Amendment 382 to Clause 154 provides for driver information regulations to be subject to the affirmative procedure, in line with a recommendation by the Constitution Committee.

Thirdly, the amendments to Clauses 85, 129 and 134 narrow the scope of the regulation-making powers provided for in those clauses.

Fourthly, Amendments 415, 416 and 417 to Clause 196 ensure that all iterations of the guidance in respect of youth diversion orders are laid before Parliament, including in cases in which revisions are insubstantial.

Finally, Amendments 11 and 381 do not stem from a committee recommendation. Rather, they simply provide that pre-commencement consultation on the regulations relating to the provision of information about anti-social behaviour and the code of practice about access to driver licence information satisfies the requirement to consult under this clause. I beg to move.

[Lord Davies of Gower (Con)]

My Lords, we have come to the first of two groups containing a large number of government amendments. I find myself having to express my strong frustration and disappointment with the number of government amendments that have been brought to this Bill on Report. As we broke up for recess, the Government tabled 243 amendments to the Bill. Then, on Monday, two days before the first day of Report, they tabled a further 73 amendments. This completely flies in the face of the accepted norms and conventions whereby the Government are supposed to table amendments a week before.

Most concerning is the introduction of entirely new amendments that have not previously been discussed, most notably the Government’s amendment relating to aggravation of offences. We will spend much time debating that amendment later, but suffice it to say that it is a very wide-ranging and incredibly worrying matter—never mind the fact that the amendment has not been debated in Committee in this House, nor in the other place, and as such will not receive the proper scrutiny it deserves.

Having said that, I do welcome some of the changes the Government are making. Amendments 15, 16, 17, 25, 26 and 267 all enhance the ability of Parliament to scrutinise some of the regulation-making powers granted to the Home Secretary. Requiring the draft guidance to be laid before Parliament for a period of 40 days is welcome and, we hope, will ensure that Parliament can diligently hold the Government to account. On Amendments 362 and 363, I am naturally cautious about the Government granting themselves more powers via secondary legislation, which in this case permits them to specify different articles that may be considered as “SIM farms”. My concern is slightly allayed by Amendments 364 and 365, which do place limitations on the Secretary of State’s power, but it would be useful to know what types of devices the Government envisage being brought into the scope of Clause 129.

[Lord Katz (Lab)]

My Lords, I am grateful, to an extent, for the comments from the noble Lord, Lord Davies of Gower. The vast majority of the Government amendments that have been laid before your Lordships’ House are either in response to issues raised through discussion in Committee, or subsequent to that discussion, or, as I said in my opening remarks, in response to the issues raised by the Delegated Powers and Regulatory Reform Committee and the Constitution Committee. It is also important to say—and we will come to this in a large group coming up shortly—that they are large in number but they are all, in a sense, because of the nature of the legislation, making the same changes around devolution to many parts of the Bill. This is how the issues were understood and discussed. It followed discussion in Committee on that group, when the Opposition Front Bench presented their rationale for opposing this. We decided not to move the Government amendments that were tabled in Committee at that time.

This is an iterative process. I think it fair to point out that the point of Committee is for the Government to hear concerns and to be able to respond to them. I think there will be many areas where we will table Government amendments throughout Report stage of the Bill, not least the ones we are discussing in this group right now. I am grateful for the words of welcome for these Government amendments from the noble Lord, Lord Davies of Gower. Concerns were raised by both committees about our approach to statutory guidance and secondary legislation, so we have responded to them.

The Government’s new clause on aggravated offences, which the noble Lord, Lord Davies of Gower, referred to, as well as delivering on a manifesto commitment, responds directly to the debate on the issue in the other place. It was touched on in your Lordships’ House at Second Reading and in Committee, where we reiterated the Government’s intention to bring forward an amendment on Report. Moreover, the issues raised in the Government’s new clauses do cross over to those raised in what are now Clauses 122 to 124, which were thoroughly debated in Committee. I would be happy, in addition to this, to carry on the conversation, if the noble Lord is happy to do so, by writing to him on the specifics he raised concerning Clause 129. But, given that explanation, I reiterate my moving of Government Amendment 11.

--- Later in debate ---

Moved by

[Lord Davies of Gower]

13: Clause 9, page 17, line 27, at end insert—
“(1A) The guidance issued about the enforcement of offences under section 33 must ensure that, where a person is convicted of a relevant offence, they are liable for the costs incurred through loss or damage resulting from the offence.(1B) The guidance must also ensure that it requires the waste regulation authority to engage with the local police force to take all reasonable measures to ensure that the landowner, or community, responsible for the land upon which the relevant offence occurs, is not liable for the costs incurred resulting from the offence.”Member's explanatory statement
This amendment would ensure the Secretary of State’s guidance on fly-tipping makes the person responsible for fly-tipping, rather than the landowner or community, liable for the costs of cleaning up.

[Lord Davies of Gower (Con)]

My Lords, the amendment in my name relates to fly-tipping and measures that can and should be taken to combat it. Fly-tipping is a serious and growing blight on society. In 2023-24 local authorities in England had to contend with approximately 1.15 million fly-tipping and litter incidents, an increase of 6% on the previous year. It is even worse in rural areas. Rural fly-tipping has increased by 9% over the past year, with one farmer saying that relentless fly-tipping happens almost every week. Last week it was reported that an elderly Hertfordshire farmer was facing a £40,000 clean-up bill after almost 200 tonnes of waste was fly-tipped on his land.

There is a significant disparity between the offences and the enforcement, which sends the signal to offenders that they are unlikely to face any consequences of their actions. Amendment 13 would seek to address this inequity. The Government propose to issue guidance relating to fly-tipping. Our amendment would ensure that guidance makes it clear that where a person is convicted of fly-tipping, they, not the victims, are liable for the costs incurred as a result of their offence. It would further require engagement between waste authorities and the police to ensure that the landowner or community upon whose land the dumping occurred is not left footing the bill.

Amendment 19, also in my name, proposes that a person convicted of fly-tipping should receive three penalty points on their driving licence for their offence. It seems self-evident to say that much fly-tipping is vehicle-enabled. Vans and cars are used to transport waste far from the original site and dump it illegally. For many offenders, particularly those operating for attractive profit margins, a fine alone may be viewed as a calculated business risk, and a price worth paying. The prospect of licence endorsement, however, introduces a personal and escalating consequence.

Amendment 20, which has been signed by my noble friend Lord Jackson of Peterborough, would add fly-tipping to the list of offences for which vehicles may be seized under Section 59 of the Police Reform Act 2002. If a vehicle is reasonably believed to have been used in connection with fly-tipping, the police should have the powers to act decisively. Removing the instrument of the crime is one of the most effective deterrents available, and this amendment would disrupt organised dumping activity and reinforce the seriousness with which we should treat environmental crime. I hope the Minister is listening, and I have to say to the House that if he will not accept my amendments in this group, or give assurances as to the Government’s intent, I may well seek to divide the House.

Amendment 14 (to Amendment 13)

Tabled by

--- Later in debate ---

Amendment 14 (to Amendment 13) not moved.

[Lord Davies of Gower (Con)]

My Lords, I am grateful to all noble Lords who have spoken in this debate; I hope they will not be offended if I do not name them personally. However, I want to single out the noble Lord, Lord Cromwell, for his example of what amounts to, as he said, rural crime. I was somewhat disappointed in the Liberal Democrat response. In particular, I thought that the noble Earl, Lord Russell, was somewhat contradictory in his response to Amendment 13.

I thank the Minister for what he said. I am not entirely sure that a press notice will address this situation, nor am I convinced that the long-winded process of convicting somebody and then pursuing them for costs is satisfactory as it stands. I do not need to reiterate the appalling impact that fly-tipping has on communities, in particular rural communities up and down the country. The only measure in the Bill related to fly-tipping is the Secretary of State’s guidance to be issued under Clause 9. That is not good enough. The British people are tired of seeing verges, lay-bys, farmland and residential streets turned into dumping grounds. If we are truly serious about tackling fly-tipping, we must ensure that enforcement is credible and that the costs of criminality fall where they belong: on the perpetrator. If the Government are unwilling to take the necessary action to tackle this scourge, I am afraid I have to test the opinion of the House.

--- Later in debate ---

Moved by

[Lord Davies of Gower]

19: After Clause 9, insert the following new Clause—
“Points on driving licence for fly tippingIn section 33(8) of the Environmental Protection Act 1990 (unauthorised disposal of waste: offence), at the end insert—“and in either case is also liable to the endorsement of their driving record with 3 penalty points.””Member's explanatory statement
This amendment seeks to add penalty points to the driving licence of a person convicted of a fly-tipping offence.