Anti-social Behaviour, Crime and Policing Bill

Lord Faulkner of Worcester Excerpts

Tuesday 14th January 2014 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, my name is added to this amendment, which I feel is very important. We know that when young people start smoking, their addiction potential and the long-term harms are very great. There is good evidence that children get cigarettes by proxy either, particularly in the case of younger children, by stealing from their own families or by purchasing single cigarettes from other children at school. However, a cohort in the older, middle-teens bracket seems to obtain cigarettes more through proxy purchasing. Quite often, with a very small incentive added to the cost of the cigarettes, they use a drug abuser or somebody else to do the purchasing for them. The retailers—the small shops—which sell cigarettes find themselves in a really difficult position. Rightly, they are not allowed in law to sell directly to the youngster, yet they are aware that there is no lever in terms of proxy purchasing, although it is they who would be prosecuted rather than the person doing the proxy purchasing.

It is important to bring the law into line with legislation on alcohol purchasing. The harms from tobacco are in a different group from those relating to alcohol, but they should not be underestimated.

[Lord Faulkner of Worcester (Lab)]

My Lords, I intervene only briefly. This is the first occasion on which I have spoken on an amendment supported by the Tobacco Manufacturers’ Association.

It seems to me self-evident that the arguments made by my noble friend Lord Rosser and the noble Baroness, Lady Finlay, just make so much sense. It is entirely sensible to bring the law into line with that governing the proxy sale of alcohol and to follow the practice which has been adopted in Scotland with regard to the proxy purchase of tobacco. Persuading young people not to smoke is something to which we in this House have devoted a lot of attention. When we return to the Children and Families Bill at the end of the month, we will have an opportunity to do something on the standard packaging of cigarettes and on smoking in cars where children are present. This is also an important measure, which will make it more difficult for youngsters to start—and thus become addicted to—this terrible, dangerous habit.

Anti-social Behaviour, Crime and Policing Bill

Lord Faulkner of Worcester Excerpts

Wednesday 4th December 2013 Lords Chamber

Debate on whether Clause 103 should stand part of the Bill.

[Lord Faulkner of Worcester (Lab)]

My Lords, I intervene very briefly on this to thank the Government for including this clause in the Bill. It will have the effect of ending the present ludicrous and anomalous situation where British Transport Police officers can be selected and trained in the use of firearms, but then have to apply individually for firearms certificates, adding enormously to the bureaucracy through which they have to go and delaying the recruitment of trained officers to serve the British Transport Police. This is a subject I raised first during scrutiny of the Police Reform and Social Responsibility Bill in July 2011 and because nothing had happened by the start of this Session, I introduced a Private Member’s Bill which would have produced this effect. I am delighted to say that I got a letter from the noble Earl, Lord Attlee, on 21 May saying that my Private Member’s Bill was not necessary because the Government were going to include this provision. Indeed, the words in this new clause exactly follow the words I had in the Private Member’s Bill, so this is my opportunity to say thank you.

--- Later in debate ---

[Lord Condon]

I hear what the noble Lord says but I do not find myself in total agreement with his arguments. He mentioned the experience of Scotland. That was a very laser-like, focused new offence on emergency workers only. I am genuinely sympathetic to the motivation behind this amendment but it is such a broad category of workers, across such a huge range of situations. Apart from the important symbolism of saying, “Here is a new offence”, I fear it would not add practically to improving the situation overall, and I say that with hesitation. The example the noble Lord, Lord Foulkes, gave of a licensed worker having their hair pulled out is clearly at least an assault occasioning actual, if not grievous, bodily harm. If there was no action, it is a dire condemnation of the police involved in that particular offence. I am very sympathetic to the motivation but the real mischief is in getting more action carried out, rather than adding more offences.

[Lord Faulkner of Worcester]

My Lords, I am afraid I do not take the same view as the noble Lord, Lord Condon, and support very much what my noble friend Lord Foulkes and the noble Lord, Lord Bradshaw, have said. I am particularly pleased that the noble Lord, Lord Bradshaw, has talked about public transport workers, who are some of the most vulnerable public servants. They face members of the public, often on their own, in very difficult circumstances.

I declare an interest as a member of the First Great Western stakeholder board and I can say to the Committee that all of us were very proud of the staff depicted in the television programme to which the noble Lord, Lord Bradshaw, referred. We, too, were horrified at the thought that women would be in charge of trains, on their own, late at night, travelling to far-flung parts of the United Kingdom and being subjected to the sort of treatment he described. It is unacceptable. The situation might be easier if the trains were policed by officers from the British Transport Police—not armed officers; I spoke about them a moment ago. Just the presence of British Transport Police on the trains has a very significant effect. However, the force is not large enough to be able to police all the trains so there has to be a measure of self-restraint and adequate penalties for people who behave in an unacceptable and violent way towards public servants doing their job properly.

All too often one finds that members of the public do not want to know when they see these things going on. When fellow passengers have behaved in an anti-social manner on the Underground or the Croydon tram, I have always felt a little nervous about trying to intervene. One of my colleagues on the Great Western board attempted to intervene on the District line at Westminster when a man was racially abusing another passenger. The man was completely off his head on drink or drugs. No one came to my colleague’s aid and, when he got off the train, the drunk got off with him and then assaulted him on the platform. As far as I know, no follow-up action has been taken. This is not acceptable. Noble Lords have done the Committee a great service in bringing this amendment before it. I hope that the Minister will take what has been said very seriously.

Anti-social Behaviour, Crime and Policing Bill

Lord Faulkner of Worcester Excerpts

Monday 18th November 2013 Lords Chamber

Schedule 2: Breach of injunctions: powers of court in respect of under-18s

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

The question is that Schedule 2 be the second schedule to the Bill.

[Baroness Hamwee]

My Lords, I propose to speak to this; I realise that a number of people in the Chamber will be aware of that, but not the Chairman. I do not know whether the Committee would wish me to do that now or to save my fire-power. I am just aware of interest in the time, and the very creative way in which the time that I think we had agreed to finish had been reached.

[The Deputy Chairman of Committees]

I put it that Schedule 2 be the second schedule to the Bill, but I did not take the voices on that, so the noble Baroness is entitled to speak on this if she wishes.

Debate on whether Schedule 2 should be agreed.

Scrap Metal Dealers Bill

Lord Faulkner of Worcester Excerpts

Friday 30th November 2012 Lords Chamber

[Lord Faulkner of Worcester]

My Lords, I offer my congratulations and thanks to the noble Baroness, Lady Browning. I congratulate her on introducing the Bill with such skill, and I thank her for the very kind things she said about my contribution to this issue over the past year and a half or so. I am delighted that she has taken on the responsibility of piloting the Bill through your Lordships’ House. There is no better champion for it. In the regrettably all-too-short time that she was a Minister in the Home Office, she demonstrated commitment and sureness of touch on this issue. I have seen some of the letters that she wrote in support of measures that are not very different from those that are contained in the Bill before she left office in September 2011.

I also congratulate the honourable Member Richard Ottaway for his patience and skill in getting the Bill through the other place. There was a very trying final day when it looked as though some of his honourable friends might have sought to talk the Bill out. Happily, that did not happen, and the Bill is in front of us today in a form that I hope the whole House will be able to support. As the noble Baroness said, the Bill is supported by all responsible members of the scrap metal and recycling industry, by numerous trade bodies, the Local Government Association, the British Transport Police and the civilian police.

The noble Baroness referred to the fact that I raised the issue of metal theft in 2011. In October, I put a Question to the noble Lord, Lord Henley, whom I am delighted to see in his place, and I look forward to his speech. It was on cashless transactions, a cause that I pursued in March this year with an amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill. I was happy to accept the Government’s alternative version, despite the inclusion of exemptions for itinerant sellers and motor salvage operators, the logic of which I never understood, and which I am happy to see disappear in this Bill.

The cashless provisions of the LASPO Act finally come into force this Monday, 3 December, and I would be most grateful if the Minister, when he replies, could give some indication of how he expects these measures to work. The measures in the LASPO Act were never intended to be the last word, and we all agreed that nothing short of a rewriting of the Scrap Metal Dealers Act 1964 would do. That is exactly what your Lordships have in front of you today. There is no need to go through the provisions of the Bill clause by clause. We will have the opportunity to do that if we have a Committee stage, although I hope it does not take too long or delay the Bill’s passage.

The need for the Bill is undeniable for all the reasons that the noble Baroness, Lady Browning, said. I am sure that I am not alone in having received persuasive briefing from organisations as diverse as the Local Government Association, the Energy Networks Association, Network Rail, the British Metals Recycling Association and Alchemy Metals. All of them, without exception, fully support the Bill, and I have had no representations expressing a contrary view. It is worth putting on the record some of the points that they have made. I shall do so without repeating any of the points that the noble Baroness has made. The Local Government Association, for example, says that it carried out research into the levels of metal theft experienced by councils between April 2009 and early 2012. Only one in 10, or 12%, of respondents had not suffered any metal thefts. The Local Government Association says:

“Not only is there disruption to public transport, there is also the theft of lead from schools and other council buildings, the desecration of war memorials, along with the loss of bus shelters, street signs, and manhole and gully covers. This puts members of the public at risk of serious injury or harm and imposes a further financial burden on councils in replacing the stolen property”.

The Energy Networks Association reports that there continue to be deaths as a result of attempted metal theft, including a 16 year-old boy killed trying to steal earthing cable from an underground trench. He was aided by two other boys and, it is assumed, others to remove a 1.5 tonne concrete block used to access the trench for maintenance. Another example is of a father and son who had cut down a wooden pole to steal cable. The son was fatally electrocuted while trying to coil up the cable and his father suffered burns to the hands and arms. On presenting himself at hospital he denied all knowledge to the police that his son had been killed or that he had even been there.

Network Rail says that incidents of cable theft were responsible for,

“causing nearly 22,000 hours of passenger delays in past four years and costing the rail industry £61 million”.

I am sure that there are very few Members of your Lordships’ House who use the railway who have not been delayed as a consequence of theft of signalling cable.

The company Alchemy Metals has written to me to say,

“the 1964 Act … is abundantly unfit for purpose. The removal of loopholes such as the Itinerant Trader and Motor Salvage Operator exemption must now pass to law as a matter of urgency. This, combined with further police powers and a comprehensive registration system will give the relevant authorities and the scrap industry itself the powers needed to combat metal theft once and for all”.

Amid all this gloom there is a little heartening news, which the noble Baroness referred to. That is the success of Operation Tornado, for which the noble Lord, Lord Henley, certainly deserves credit, and the activities of the National Metal Theft Taskforce programme, announced by the Government on 29 November 2011. That received funding of £5 million for extra operational activity to tackle metal theft. The lead in this was taken by the British Transport Police, which set up a central team to manage the programme and provide dedicated co-ordination and support in each region of the country. The taskforce programme has financially supported the pilot of Operation Tornado and the implementation of Tornado tactics by forces and agencies across the country. It is an enhanced identification initiative agreed by the British Metals Recycling Association and the police. Of the forces providing figures, 72% of yards have signed up to Operation Tornado.

What has been the effect on metal theft? The British Transport Police tell me that there has been a decrease in reported metal theft of 52%. This is particularly good news for Network Rail, as it has led to a reduction of 59% in the total amount of delay minutes and has reduced the company’s compensation payments by £5.6 million. I understand that the Ecclesiastical Insurance company has reported that the number of claims for theft of metal from church buildings have fallen sharply; no doubt we will hear more about this from the right reverend Prelate the Bishop of London, whose speech I am also very much looking forward to.

If we look at the national average reductions achieved in reported metal crime, currently 38%, and make a comparison with the figures in the Deloitte report in 2011 in which they said that metal theft costs the UK economy £220 million to £260 million a year, then it is likely that the £5 million taskforce money has delivered harm reduction for the UK of between £83 million and £98 million. That is a pretty good rate of return, as a relatively small investment of public money seems to have led to a substantial reduction in metal theft. Of course, this is a pilot study, not a complete picture. It needs now to be followed by the implementation of the measures contained in the Bill.

I have a question for the Minister on Operation Tornado. Its funding and that for the taskforce are due to come to an end in March 2013. Do the Government intend that this will be renewed, at least until the provisions of the Bill are fully implemented? The danger is that if the funding stops, police forces will start to focus on other priorities, and the momentum that they have gained will peter out. I cannot believe that that is what the Government would like to see happen.

Meanwhile, I am very happy indeed to support the Bill. I congratulate the noble Baroness on introducing it, and I hope that it can pass speedily through this House.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, I thank my noble friend Lady Browning for introducing so skilfully the Bill for noble Lords’ consideration and for her important contribution to developing the war against this abuse of metal theft, about which all noble Lords have spoken very robustly today. There is considerable consensus around the House that this illegal activity needs to be tackled. It is fitting that my noble friend was asked to take on this Bill by its sponsor, Richard Ottaway MP, because as noble Lords will know, my noble friend was a Minister in the Home Office when the metal theft epidemic erupted. During her term of office she played a considerable part in developing the Government’s response. I also join all noble Lords in acknowledging the work of my honourable friend the Member for Croydon South, Mr Richard Ottaway, and for bringing forward this Bill. He has immersed himself in this topic by meeting and consulting with stakeholders, and then developing and fostering cross-party and industry support. We have that evidenced in the correspondence that Peers in this House have received. There is widespread support for the Bill.

How pleasant it is for me to be able to thank my noble friend Lord Henley not only for his contribution to this debate, but also as my predecessor in the role that I am now undertaking. I know how deeply he was engaged in dealing with the challenge of legislating for this problem in the Home Office. It may not be particularly appropriate to use the analogy of apostolic succession, but at the very time that my noble friend moved to the Home Office, I was in Defra. We were working in conjunction with the Home Office through the Environment Agency to set up the task force and other arrangements for dealing with this abuse. I am sure that the right reverend Prelate will forgive me, but we have an apostolic succession here today and noble Lords have been able to hear from all three of us.

Let me make it clear that this Bill has wholehearted government support, and it is important to note that the support does not just end there. We have witnessed the support for it here in this Chamber. It is supported by police forces, including the Association of Chief Police Officers, and it is supported by the Local Government Association and local authorities across England and Wales which are keen to be given the powers to regulate scrap metal dealers properly. One of the problems is that there are insufficient powers for enforcement agencies actually to deal with this problem. The noble Lord, Lord Rosser, asked about local authorities’ attitude to seeing this legislation through. I know that they have made it clear that they are keen to see this legislation enacted and implemented as soon as possible. A number of other bodies have written to noble Lords, all expressing their support for the Bill. It is supported by those who have suffered from metal theft, including private industry, those responsible for transport infrastructure and, indeed, the church. More importantly, it is supported by many legitimate scrap metal dealers who seek more effective regulation of their sector. Before I move on, I would like to express my particular thanks for the contribution of the British Metals Recycling Association and its director-general, Ian Hetherington. The BMRA has worked closely with Richard Ottaway on the development of this Bill and with the Government on wider measures to tackle metal theft. The association has at all times sought to represent its members’ interests as well as those of the wider industry, and it continues to provide challenge to government on their behalf. Time and again we have heard examples of unscrupulous scrap metal dealers prospering at the expense of legitimate operators. I believe that this Bill will change that and level the playing field across the metal recycling sector.

The Bill seeks to reform the regulation of the industry, which is currently regulated by legislation dating back to the 1960s—the Scrap Metal Dealers Act 1964. The Government believe that this Act is outdated and no longer reflects the 21st century. This is a £5.6 billion industry, and its development means that the legislation needs to be correspondingly robust. It may interest noble Lords to know that the Scrap Metal Dealers Act 1964 originated in this House, and that the Bill was introduced by Lord Auckland. However, its days are numbered and this Bill is designed to replace it.

Reform of the industry is important for many reasons but I believe that it will make a significant contribution to tackling metal theft. Parts of the scrap metal sector offer the principal market for stolen metal. Unscrupulous scrap metal dealers either purposefully purchase stolen metal, knowing full well what they are doing; or they purchase it without undertaking any checks or due diligence, knowing that lax regulation will allow them to do so without attracting the adverse attention of the authorities.

The rising commodity prices of metals on the world market, coupled with this low-risk, “no questions asked” marketplace, have seen the theft of metals turn into a growing, acquisitive crime. I have a number of examples of my own but will not rehearse them as noble Lords have all been able to come forward with very graphic examples of the economic and cultural damage that has been caused by this pernicious crime.

Metal theft peaked in the UK in 2010-11. Since then, there has been considerable work by a range of organisations to tackle metal theft, which is having some success. Last month, ACPO estimated that reported metal thefts have fallen by around 39% this year; an excellent achievement. I have some Home Office figures here that will perhaps help my noble friend Lord Henley, who wanted to know what the impact had actually been of the Operation Tornado task force and of the anti-theft design of many materials. I will read out this tabulation as it will be useful to put it on the record.

Scotland has seen a 64% reduction, north-east England 53% and north-west England 58%. I do not know what the noble Lords, Lord Greaves, and Lord Willis, will make of that. The noble Lord, Lord Willis, is not in his place now but Yorkshire and the Humber has only seen a 16% reduction. We would have to calculate whether that was because they were all going across to the north-west, as the noble Lord, Lord Greaves, alleged. The east Midlands has seen a 29% reduction, the West Midlands 48%, Wales 26%, south-west England 50%, south-east England 49%, London 29% and the east of England 60%. These are sizeable figures and show that there has already been an impact as a result of having more confident enforcement in this area. How much better it will be when we have these measures in place, which is why I hope we will be able to implement them.

The noble Lord, Lord Faulkner, asked about funding. I cannot give him a positive response. Of course, we are awaiting the Autumn Statement. We are aware of the considerable representations that have been made on this issue, and will be looking at whether it will be possible to implement it. This debate has reinforced the continuing importance of this enforcement drive.

The reduction in metal theft can be put down to a number of different activities, including: greater law enforcement activity by a number of organisations, assisted by the £5 million made available to the national metal theft task force; seeking design solutions, which has made a great deal of difference, as my noble friend Lord Henley mentioned; strengthening the intelligence on metal thefts and offenders; working with the scrap metal industry to voluntarily improve its trading standards, in particular through Operation Tornado; and seeking to strengthen the criminal justice system response to metal theft cases, including working with the Crown Prosecution Service and metal theft victims to inform the courts of the full costs, including consequential costs, of all metal theft offences, especially to help inform sentencing decisions.

All this activity is making an impact and we hope the response will be strengthened further by the measures, commencing on Monday, that the Home Office included —at the prompting of the noble Lord, Lord Faulkner—in the LASPO Act 2012. These measures include: the prohibition of cash payments to purchase scrap metal, which will bring greater traceability for those selling metals—I assure the noble Lord, Lord Rosser, that cheques given in payment need to be crossed, and a paper trail will still exist even in the circumstances that he described; increasing the financial penalty for offences in the Scrap Metal Dealers Act 1964; and revising the police’s powers of entry into unregistered scrap metal yards, which was an anomaly that I think all noble Lords accept was one of the biggest difficulties for the police.

The noble Lord, Lord Faulkner, asked how these measures will work. The Home Office has worked very closely with the British Transport Police and ACPO to deliver guidance in relation to the new provisions that come into force on Monday. We are confident that they will make a difference.

The Bill has been refined in its passage through the other place and I believe that it now provides effective and proportionate regulation of the scrap metal sector. The Bill has many important features. I will not talk about each one but will limit myself to what I consider to be the most important. The Bill will allow for local authorities to properly manage this sector, allowing them to decide who should and should not be licensed. The fee covers not just the costs associated with administering the licensing procedure but the enforcement that is involved for local authorities. Although the guidance will be given by the Secretary of State and we expect local authorities to abide by that, we anticipate that local authorities will be able to recover the costs that this Bill imposes upon them.

The Bill will also provide much needed closure powers to tackle unscrupulous dealers who operate without a licence. My noble friend Lord Greaves asked what “residential premises” are. No definition is provided in the Bill; it would be for the police to decide whether premises were predominantly used as a home or were business premises. This will be a question of substance rather than superficial appearance. I hope that that provides some answer to my noble friend on that issue.

The Bill will also require scrap metal dealers to record fully the metals that they are purchasing and disposing of, as well verifying the identification of the people with whom they transact. The Bill will end the exception for itinerant collectors, which the Government no longer wish to continue. Finally, the Bill will integrate the separate regulation for motor salvage operators with the scrap metal sector.

I know that the Bill was written and developed following close consultation with many legitimate scrap metal dealers, who, as the House knows, fully support the Bill. The Bill strikes the right balance between supporting legitimate operators and providing powers to tackle those who wilfully break the law. It should contribute to raising trading standards across the whole of the scrap metal sector. It will restrict the market for stolen metal that part of the industry currently offers. As noble Lords will know, there is a point at which stolen metal enters this trade, and it is sealing off that point of entry that the legislation is designed to do. The Bill will provide local authorities and the police with the powers they need to tackle businesses that operate illegally. The Bill will build on good practice already used by parts of the industry, such as strengthening the record-keeping requirements that have formed the key component of the successful Operation Tornado.

A number of noble Lords, including the noble Lord, Lord Rosser, and my noble friend Lady Hamwee, asked about the commencement of the provisions of the Bill. As has been said in guidance, it is recognised that around six months will probably be needed for local authorities to have in place the necessary provisions so that licensing can commence. Subject to any requirement to adhere to common commencement dates and the introduction of regulations, the dates are mandated by BIS, so we need to work this together. However, it is the Government’s intention that the Bill should be effective and brought into play as quickly as possible.

The response to metal theft does not rest with this Bill, but I remain convinced that the only long-term response to metal theft is to introduce a new, more robust system of regulation for the scrap metal sector, which is what this Bill is designed to achieve. I am delighted that it has been welcomed by all corners of the House.

[Lord Faulkner of Worcester]

My Lords, there was a suggestion that the Government intended to move an amendment in Committee to insert a sunset clause into the Bill. The Minister has not referred to that, and I cannot see why it should be necessary when one views Clause 18, which provides for review after five years. Is the Minister able to clarify that?

[Lord Taylor of Holbeach]

The noble Lord is right about the review, but my honourable friend the Minister for Crime Prevention, Mr Jeremy Browne, made a commitment to insert a sunset clause into the Bill. I imagine the details of that will be presented to this House in Committee. That provision was agreed by the Government during the Bill’s passage through the other place. I am pleased to confirm that. It was alluded to earlier by the noble Lord, Lord Rosser.

I was in full-flight oratory, saying how much I welcome the support of the House at this Second Reading. We all wish the Bill well. It is designed to tackle an abuse that we all condemn. The Government give the Bill their full support.

Protection of Freedoms Bill

Lord Faulkner of Worcester Excerpts

Monday 6th February 2012 Lords Chamber

[Lord Rosser]

My Lords, the purpose of this amendment is to provide for strengthened and new powers of entry for the police to enter and inspect known or suspected scrap metal dealer premises, and any metal and records kept on the premises, as well as powers to close down dealerships should those premises be suspected of being used for knowingly handling stolen material. At present the police are able to enter only registered premises but this amendment will give the right to enter premises irrespective of whether they are entered on the register, as well as the power to close dealerships.

Considerable concern has been expressed in the light of the increasing incidence of metal theft related to the rise in its value, with the price of copper having doubled to more than £5,000 a tonne since 2009, and the value of scrap metal at an all-time high. This has become a highly organised crime. Metal is stolen to sell on to dealers who will probably smelt it down before selling it on. The impact of such thefts on many people, buildings and organisations is considerable, not least on the railway network and railway passengers and on churches and indeed war memorials, with at least one war memorial a week being stripped in London.

The cost of metal theft is now estimated to be running at £1 billion a year and causing some 16,000 hours of train delays. In total, Network Rail says the cost of such thefts has amounted to some £43 million across the United Kingdom. It is also apparently resulting in the deaths of two thieves a month as they attempt to strip cabling from electricity substations or railways. That last point may not arouse much concern or sympathy, but it is still the loss of two human lives a month which could be avoided and is perhaps a consequence of the current spate of metal thefts that is not often raised.

It is important that action is taken as quickly as possible. At least one major recycling firm has moved to cashless payment, and on Thursday we shall be debating my noble friend Lord Faulkner of Worcester’s amendment to the Legal Aid, Sentencing and Punishment of Offenders of Bill, which provides for cashless transactions to be compulsory in the scrap metal trade. This would be an important action in the drive against metal thefts and I commend my noble friend for his robust campaign on this issue.

We know that police forces are stepping up their activities against this lucrative crime but they need to be given further powers to combat it with maximum effectiveness. One such power is provided for in this amendment, namely stronger and new powers of entry for the police to premises suspected of being used for handling stolen metal and the power to obtain a closure order against a dealership where there is a belief that such criminal activity is taking place. This amendment, providing new powers to the police to enter and close down unregulated scrap metal dealerships, is in line with the recommendations of the Association of Chief Police Officers’ metal theft working group.

Combined with the amendment tabled by the noble Lord, Lord Faulkner, to the Legal Aid, Sentencing and Punishment of Offenders of Bill to ban cashless transactions, this amendment presents a robust package of measures to tackle this growing epidemic. I hope the Government will indicate their support for this amendment and ensure that the police are properly equipped to deal with the increasing incidence of metal thefts. I beg to move.

[Lord Faulkner of Worcester]

My Lords, I have added my name to Amendment 37A, tabled by my noble friends Lady Royall and Lord Rosser, because the new powers that it confers on authorities to enter and inspect scrap metal dealerships represent, as my noble friend Lord Rosser says, an important element in the comprehensive overhaul of the Scrap Metal Dealers Act 1964, which I have been calling for in your Lordships’ House since I asked my Oral Question on the subject on 3 October last year. It also fits perfectly with the move to cashless transactions, which the Home Secretary said in a Written Statement on 26 January that the Government now support. This is the subject of my own amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill, which the Committee will be considering on Thursday, possibly alongside the Government’s own amendments, the details of which we are awaiting.

This morning I met Deputy Chief Constable Paul Crowther of the British Transport Police to discuss this amendment. As the House will be aware, the BTP has been in the lead on the metal theft issue and I again commend it for what it is doing to tackle it. It has asked me to tell your Lordships—and I quote directly from a message it has given me—that:

“The power of closure is something that we would really want for a number of reasons, not least so that we can support legitimate businesses who will comply with the cashless system when it is introduced”.

Over the last four months I have been overwhelmed by the representations that have been made to me about the necessity for government action to tackle what is now a metal theft epidemic. The Transport Select Committee in another place says that the theft of signalling cable was responsible for the delay or cancellation of over 35,000 national rail services last year. There are eight actual or attempted thefts on the railway every day. My friends in the heritage rail sector—and I declare an interest as the president of the Heritage Railway Association—report weekly thefts of metal objects from their yards, depots and sheds, the value of which runs into thousands of pounds. Almost no aspect of our national life has escaped unscathed: manhole covers; war memorial plaques; even huge pieces of art like the Barbara Hepworth sculpture in Dulwich Park or the statue of Dr Alfred Salter in Cherry Gardens, Bermondsey; lead from church roofs and sacred objects from within churches; electricity and telecom cables—the list is endless.

Many of your Lordships will have seen the open letter published in the Times on 11 January that was signed by an impressive array of business leaders, including the chairmen or chief executives of BT, Network Rail, the Energy Networks Association and the Ecclesiastical Insurance company. They called for a complete update of the Scrap Metal Dealers Act 1964. Among the long list of changes they want to see were police powers to close unscrupulous scrap metal dealers, and police authority to search all premises owned and operated by scrap metal dealers—the measure proposed in this amendment. In my view, the police should be given powers to inspect any articles and records kept on site and to close down dealerships should there be reasonable suspicion that they are handling and dealing in stolen metal.

It is abundantly clear that the law needs to be completely rewritten. In the other place tomorrow there will be a debate initiated by officers of the All-Party Parliamentary Group on Combating Metal Theft—I declare a very modest interest as one of its vice-chairs. In addition to the move towards cashless transactions they will call for a robust licensing scheme for scrap metal dealers to replace the present registration scheme, as well as all the measures that have been put forward by industry, the church and the police.

I shall be very interested to hear what the Minister has to say when he responds. I know that we will achieve a cashless regime either on Thursday or at Report stage of the LASPO Bill, but I hope that he will be able to give a commitment that there will at least be comprehensive legislation in the next Session which will rewrite the Scrap Metal Dealers Act 1964.

[Baroness Browning]

My Lords, I rise very briefly to endorse what noble Lords have said about the seriousness of metal theft, and I know that my noble friend the Minister is fully aware of the importance of this issue in addressing the existing legislation, which is clearly out of date.

Last year, when I had the privilege to serve in the Home Office, I became acutely aware not only of the breadth of this crime but also, as we have heard, of its effects. Stolen cables not only disrupt but cause chaos on railway lines, and also in telecommunications. I know that the Church of England has also carried out a very important report that looks at what has happened to its churches and cathedrals that have been affected by this.

The point I want to make—I know that my noble friend is aware of it—is that although we see these matters reported in the press, and some people have first-hand experience of the outcome of this crime, it is organised crime. These are not individual actions taken at random. Serious organised crime, on a large scale, is behind the metal theft that is taking place in this country. When, for example, cables are removed, or lead is removed from roofs, all too often the people concerned are not scurrying about; they are wearing the proper safety jackets, looking like workers who should be carrying out these functions. They steal vehicles that have commercial insignia on the side to make it look as though a legitimate vehicle is being loaded with the metal. A lot of thought, a lot of money and a lot of organisation goes into this. I hope that when my noble friend replies—he and I have discussed this very serious matter—he will be able to reassure the House that the Government are looking holistically at all the elements mentioned this evening. This whole question is about the seriousness of breaking through organisations that clearly find it financially viable to continue this very destructive activity.

--- Later in debate ---

[Lord Henley]

My Lords, I could refer the noble Lord to discussions that I have had with other people in the industry, who have pointed out that the high levels of cash in the industry are driving criminality. If we can remove a lot of that cash then we can possibly remove a great deal of the criminality. I am not saying that it will be a magic wand that will solve all the problems—just as revising the Scrap Metal Dealers Act 1964 will not solve all problems, as his noble friend Lord Faulkner knows well. However, they are steps on the road to better regulating this industry, which is needed.

We are looking for a coherent package of measures to tackle metal theft. Obviously there will have to be further measures and regulation in due course, possibly along the lines of the amendment of the noble Lord, Lord Rosser. I do not want to rush into that at this stage. There is an opportunity to go cashless and to increase what are, at the moment, the derisory fines available under the 1964 Act, and we obviously need to do more to that Act in the future.

I congratulate the noble Lord, Lord Rosser, on his ingenuity in finding a way of bringing forward amendments to this Bill on this subject. His noble friend Lord Faulkner tried to do so but failed. We also gave it some thought, but the drafting of the Bill is such that it is rather difficult.

[Lord Faulkner of Worcester]

The noble Lord is half right: I attempted to get cashless into this Bill and was told that I could not. I will help to get cashless into LASPO instead.

[Lord Henley]

My Lords, we have cashless in the LASPO Bill and I hope that it will deal with this problem.

We have to consider the other important points that need to be dealt with. One of those—and, again, this is why I am interested in how the Opposition voted on the previous amendment—is whether the powers of entry are adequate and what powers of entry need to be given to the police. We can look at these matters, first, in the LASPO Bill and consider further regulation in due course.

I welcome the support of the Front Bench opposite for further action in this area. Obviously, there is more that we can do. I do not think that this is the right way of going forward at this stage because, as I said, we want to bring forward amendments in the LASPO Bill on Report. I can give an assurance that as soon as possible thereafter, by whatever legislative means is appropriate, we will bring forward the further amendments that need to be made, particularly to the Scrap Metal Dealers Act 1964. With those assurances, I hope the noble Lord will feel able to withdraw his amendment.

Violence against Women

Lord Faulkner of Worcester Excerpts

Thursday 19th January 2012 Lords Chamber

[Lord Henley]

My Lords, I would not want to foreshorten the consultation, which ends, as I said, on the 30 March, but obviously we want to respond as quickly as possible after that. As for trafficking, the noble Baroness will be aware that we have recently brought in some amendments to the Protection of Freedoms Bill that help us to comply with the convention on those matters, and I believe we will be very broadly compliant with that convention. However, that goes slightly wider than the Question on the Order Paper.

[Lord Faulkner of Worcester]

My Lords, do the Government have any intention of accepting the advice of ACPO and, indeed, of his noble friend Lady Trumpington on tackling violence against women working in the sex industry, who are afraid of reporting assaults on them because if they make those reports they are likely to be charged under the laws relating to prostitution. Is it not time that the law on prostitution was changed along the lines adopted in New Zealand and as ACPO suggests?

[Lord Henley]

My Lords, the noble Lord is taking the issue way beyond the Question on the Order Paper, which relates to the Council of Europe’s convention. Obviously we will consider those points, but those are matters for domestic law and not matters relating to compliance with this convention, which relates to combating violence against women.

Crime: Metal Thieves

Lord Faulkner of Worcester Excerpts

Thursday 15th December 2011 Lords Chamber

Asked by

[Lord Faulkner of Worcester]

To ask Her Majesty’s Government what action they are taking to establish a nationwide task force to target metal thieves.

[The Minister of State, Home Office (Lord Henley)]

My Lords, the Government recognise the growing problem of metal theft and are taking urgent steps to address it. Five million pounds has been provided to establish a dedicated national task force to significantly increase enforcement activity to deal with both scrap metal dealers who trade in stolen metal and those who steal metal.

[Lord Faulkner of Worcester]

My Lords, that is fine as far as it goes but does the Minister agree with what his Home Office colleague James Brokenshire said in the other place on Monday? Mr Brokenshire estimated that the cost of metal theft may be now as much as £777 million a year and said,

“we have now reached the stage where the only conclusion is that new legislation is needed to tackle metal theft”.—[Official Report, Commons, 12/12/11; col. 508.]

As a vital first step, will the Minister accept my amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill, which would make cash transactions for scrap metal sales illegal, bearing in mind that probably as much as £1 billion out of the £5 billion in this industry is accounted for in cash and is the cause of most of the problems?

[Lord Henley]

First, my Lords, I always agree with everything that my honourable friends say and I agree with absolutely everything that my honourable friend Mr James Brokenshire said on Monday about metal theft. We think that the Scrap Metal Dealers Act 1964 is dead. It is past its sell-by date and we need to look at other measures to properly regulate the scrap metal yards, because that is where the problem is—in dealing with the stolen metal. We will certainly look very carefully at the noble Lord’s amendment, which I have not yet seen, when it comes before us shortly in the legal aid Bill. If we can give it a fair wind or tinker with it, we certainly will because I agree with him that addressing the question of cash in this industry certainly needs looking at.

Railways: Theft

Lord Faulkner of Worcester Excerpts

Monday 3rd October 2011 Lords Chamber

Asked By

[Lord Faulkner of Worcester]

To ask Her Majesty’s Government whether they have plans to amend the Scrap Metal Dealers Act 1964 to prohibit cash transactions, as a means of reducing metal theft.

[The Minister of State, Home Office (Lord Henley)]

My Lords, the Government recognise the significance of metal theft to the United Kingdom. The Home Office is in discussion with other government departments to identify whether any legislative changes are needed to tackle metal theft, including the possibility of moving to a cashless model.

[Lord Faulkner of Worcester]

My Lords, I congratulate the noble Lord on his promotion. I express my regret at the departure from the Government of the noble Baroness, Lady Browning, and wish her a full recovery.

I am pleased that the Government appear to be taking the problem of metal theft seriously. Is the noble Lord aware—I am sure he is—that ACPO reckons that the cost to the United Kingdom economy last year of this crime was something in the order of £770 million and that the problem is getting worse with the rise in the price of scrap metal? I doubt whether there are many Members of your Lordships’ House whose trains have not been delayed as the result of the theft of signalling cable, which is adding thousands of hours of delay to train schedules. Does the Minister agree that the Scrap Metal Dealers Act 1964 is now out of date and that it needs to be replaced by new legislation that increases maximum penalties, eliminates the payment of cash as a means of settling transactions and moves to a system of licensing in place of the registration that exists at present?

[Lord Henley]

My Lords, I join the noble Lord in expressing regret at the departure of my noble friend. We will all miss her very much on these Benches and I only hope that I can perform even half as well as she did, although I hope that I can get majorities larger than the equality that she got on the last Division that she took through this House. We will certainly miss her on this Front Bench.

The noble Lord is right to point to the problems of metal theft. There is not just the direct cost but the cost to the transport industry, to the power transmission industry and to others. We will look at all possible changes that we can make. The noble Lord is right to draw attention to the 1964 Act and possible changes to bring in a cashless model. Whether that would necessarily improve matters needs looking at, but it would certainly improve the traceability of metals and might make it harder for criminals to dispose of them for cash. That is why we want to look at it.

Police Reform and Social Responsibility Bill

Lord Faulkner of Worcester Excerpts

Wednesday 13th July 2011 Lords Chamber

[Lord Ramsbotham]

My Lords, I shall speak also to Amendments 243, 271, 272, 304, 305 and 306. Since all the amendments are to do with the British Transport Police and the British Transport Police Authority, they have been deliberately grouped together rather than with specific clauses. They aim, as I said at Second Reading, to,

“strengthen the Bill by increasing co-operation between the authority and other police forces, particularly in counterterrorism and in the run-up to the Olympics”.—[Official Report, 27/4/11; col. 173.]

I shall first outline the context in which the amendments have been tabled and apologise to the House for being unable to be here when they were debated in Committee. Again, as I said at Second Reading, I am an unashamed proponent of two-tier policing in this country, with a national police service complemented by a number of local and specialist forces. Bearing in mind that the last royal commission on policing was in 1962 and much has happened since then which suggests the need for reform of the policing as extant at that time, I was very disappointed to find that although called the police reform Bill, there is very little in it about reform, except about the governance of policing, which is not the same thing.

However, these amendments are about long-needed reform; they are an attempt to complete business that was begun as long ago as October 2001, when the then Government issued a consultation document entitled Modernising the British Transport Police, which included detailed proposals to bring it in line with Home Office police forces in terms of accountability, status and powers. It proposed, first, placing the jurisdiction of British Transport Police constables over the railways on a statutory basis; that was partly addressed in the Railways and Transport Safety Act 2003, which gave them the powers and privileges of a Home Office constable, not only over all railway property, but throughout Great Britain in relation to railway matters. It secondly proposed giving British Transport Police constables jurisdiction outside the railways in certain circumstances. This, again, was partly addressed in the Anti-terrorism, Crime and Security Act 2001, emergency legislation that followed 9/11 and other terrorist attacks.

However, although welcoming these changes, the Transport Police and its authority regarded them as only partial introduction of what had been proposed. Therefore, they tried to use the opportunity presented by the August 2008 consultation that preceded the Policing and Crime Act 2009 to address the identified anomalies once and for all. They submitted a formal request for a number of legislative changes that addressed the issues of police powers and jurisdiction to which, reprehensibly, they received no formal feedback from the Home Office. Instead, there was no consultation and they were surprised to find that Schedule 7 of the Act stated that:

“Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a police force collaboration agreement … the member shall have all the powers and privileges of a member of that other force”.

Furthermore, no attempt was made to address an added complication to co-operation that they had raised, namely that the powers of jurisdiction of police officers from Home Office forces were not extended to match those of a British Transport Police officer, which include the ability to police in England, Wales and across the border in Scotland.

Charitably, the British Transport Police assumed that these continued inequities were not intended, but resulted from a lack of knowledge about the anomalies that resulted from gaps in existing legislation. Therefore, they continued to look for opportunities to obtain parity of police-officer powers regardless of employing force, the next opportunity coming in September 2010 with the coalition Government’s consultation before the Bill, entitled Policing in the 21st Century; Reconnecting Police and the People.

The Bill envisages annual police plans, covering areas of the country yet to be determined, drawn up by elected police and crime commissioners. Assuming that, in logic, this must include all police forces, the Transport Police, in its response to the consultation, pointed out that, as the specialist national force for the railways, cross-border working was part of its day-to-day business. It welcomed the fact that, in drawing up their plans, PCCs would have to look beyond their own force borders,

“under a strong duty to collaborate, in the interests of value for money and to tackle cross border, national and international crimes”.

The British Transport Police also said that it was keen to ensure that the different governance structures between it and its authority and their Home Office colleagues and their authorities did not create difficulties in the excellent communications and partnership working that currently existed between them. There must be, for example, adequate provision for communications between the authorities and committees of the Transport Police, the Civil and Nuclear Constabulary, the MoD Police and police and crime commissioners, if they subsume the role currently filled by the Association of Police Authorities.

I mention this not to criticise the Bill so much as to suggest that these amendments to do with the British Transport Police ought to be government amendments. Identified anomalies that inhibit national and local policing have existed for far too long and have been drawn to the attention of both the Home Office and the Department for Transport over a number of years. Amendments 242, 271 and 272 are designed to rectify the status anomaly; Amendment 243 is designed to provide the opportunity for the Transport Police to protect the travelling public by taking preventive action against possible sex offenders.

The noble Lord, Lord Faulkner, will speak to Amendments 271, 272 and 304 to 306, covering licensing and firearms. All are designed to save money and better protect the public.

I appeal to the Minister to accept the opportunity created by the Police Reform and Social Responsibility Bill to complete this unfinished business. I know that both she and the Transport Police and its authority have been in contact with the Department for Transport and I look forward to hearing what may have been agreed between them. I accept that she will be unable to promise more than that the issues I have raised will now be tackled positively and not allowed to drag on as they have over the past 10 years. In that anticipation, I beg to move.

[Lord Faulkner of Worcester]

My Lords, I speak in favour of the seven amendments. I start by expressing my appreciation to the Minister for the constructive approach she has adopted in conversations with both the noble Lord, Lord Ramsbotham, and me about the role, powers and jurisdictions of the BTP. I know that she has written to the Transport Minister about these amendments and I hope that when she answers the debate she will be able to say that the Government at least accept the spirit of them, if not accept them tonight.

I know from what the Minister said in Committee that she is particularly concerned about licensing issues and the difficulties that the BTP and the travelling public face with anti-social behaviour on the railway fuelled by excessive drinking. I shall come to the amendments which deal with that issue in a moment.

I would like to add a word to what the noble Lord, Lord Ramsbotham, said about jurisdiction. This is covered in Amendment 242. The British Transport Police Authority has sent me a copy of a letter which was sent on 7 July from the chief constable of the force, Andrew Trotter, to the Minister of State for Transport, Theresa Villiers. In a paragraph headed “Jurisdiction”, he says:

“The current legislative anomalies mean that there are a number of caveats applied to the powers of BTP officers, these are provided not through our own Railways and Transport Safety Act 2003, but the Anti-terrorism Crime and Security Act 2001 (section 100(2) and (3)) which pre-dated it. The amendment laid before the House of Lords seeks to remove the ambiguity the current legislation creates through these caveats. If the amendment is approved, in the eyes of the public and the rail industry, it will have no obvious impact on day-to-day policing of the railways and I can assure you it will have no impact on costs or other resource implications. It will however put BTP officers on the same footing as their Home Office colleagues when not physically on rail property or carrying out duties related to the railways, i.e. they will be warranted officers not civilians”.

Amendments 271 and 272 deal with the Firearms Act. I read in the latest issue of Railnews, which is the monthly newspaper for rail industry staff, that the Government have approved the creation of an armed response unit for the BTP. That paper states:

“Transport secretary Philip Hammond said the Home Office go-ahead was not in response to any specific threat but would reduce the burden on other police forces which provide armed support to the BTP”.

That is all well and good and it is what the BTP chief constable asked for, but it appears that BTP officers, once selected and through the selection process, will have to apply individually for firearms certificates. This seems ludicrous and flies in the face of the Home Secretary’s determination to reduce bureaucracy in the police service—a point made by the chief constable in his letter to Theresa Villiers. The cost in direct financial terms and in opportunity costs to the BTP and Home Office forces to process more than 100 applications is completely avoidable simply by giving the BTP the same powers as those expressly quoted in the Act for the Civil Nuclear Constabulary and the Serious Organised Crime Agency. It also creates a delay in trained officers being fully operational. Our amendments avoid that and I hope the Minister will feel able to accept them too.

Police Reform and Social Responsibility Bill

Lord Faulkner of Worcester Excerpts

Monday 11th July 2011 Lords Chamber

Amendments 133 to 138 agreed.

[The Deputy Speaker (Lord Faulkner of Worcester)]

I have to advise the House that if Amendment 139 is agreed to, I cannot call Amendment 140 for reason of pre-emption.

Amendment 139

Moved by