(1 week ago)
Lords ChamberNot so far as I know.
It was absolutely farcical, but not very funny, when you consider that the hundreds of police officers involved had far more useful things that they could have been doing. But it seems even that was not enough for the Government. Through this Bill, they are attempting to introduce a raft of further constraints on the right of the British people to express themselves via peaceful street demonstrations.
The law surrounding protest is in a complete mess. Recent legislation has been knee-jerk and reactionary, leaving the legal landscape a complete muddle. Police often struggle to know how to police demonstrations properly, which usually leads to excessive heavy-handed policing and people being charged with all sorts of offences when they may not have been. This has also made the law extremely unpredictable: the mission creep of legislation and case law over recent years has meant that there is now a raft of serious criminal offences —that is, indictable offences—tried in the Crown Court that are no doubt adding to the unacceptable backlog in the courts. It is very easy for someone to attend a peaceful demonstration and inadvertently commit an offence or a more serious offence than they would have reasonably expected their conduct to amount to.
For example, a protester who temporarily blocks a road—as many do—would historically have been charged with wilful obstruction of the highway under Section 137 of the Highways Act. This was a summary-only offence, which used to have a maximum sentence of a fine, although this was increased to six months’ custody in the Police, Crime, Sentencing and Courts Act 2022. Section 7 of the Public Order Act 2023 introduced a new offence of interfering with national infrastructure, which includes all A and B roads, with a maximum sentence of 12 months’ custody. Section 78 of the Police, Crime, Sentencing and Courts Act 2022 also created a new statutory offence of public nuisance, which only requires the doing of an act that obstructs a public right. This is far wider than the old common-law offence that required the obstruction to be “significant”. The effect of all the above, as an illustration, is that someone who stands or sits in a road, as part of a protest, could be charged with any of the four offences that I have just mentioned. There is no real consistency in the charging decisions between different police forces or different CPS regions, meaning that people are often charged with very serious offences for minor conduct. There have even been cases in which different people are charged with different offences arising from identical conduct at the same protest.
The various laws about protest overlap with each other and have not been developed as a coherent framework. Protesters and police are unsure about which laws apply in particular situations. This results in inadvertently heavy-handed policing, inconsistent prosecution, miscarriages of justice, waste of the public purse and clogging up the courts. More importantly, it results in a cumulative chilling effect on our democracy and a stifling of debate. It is high time that the disorganised and disjointed framework of statutes covering the democratically vital activity of protest is subject to a root-and-branch review—one that is truly independent and thorough—and that is precisely what Amendment 371 calls for.
However, since Amendment 371 was laid, the Government have announced a review of public order and hate crime legislation. It is being chaired by the noble Lord, Macdonald of River Glaven, for whom I have the greatest respect. But the terms of reference for the review seem to be focused rather narrowly and do not appear to cover the matters I have just raised—namely, the unco-ordinated and overlapping legislation on protests. I doubt that, in the short period until the review reports next month, the noble Lord will be able to examine the different approaches to arresting and charging between the different police forces. Perhaps the Minister can reassure the Committee that the current review will be broad enough to cover all the shortfalls in the existing regime I have outlined. If he cannot give that assurance, Amendment 371 will need to be passed on Report to generate the full review that is needed.
Amendment 369, if passed, will hopefully prevent future Governments cumulatively eroding protest rights, as has been customary for the last few years.
My Lords, I would vote against Amendment 371. It is a difficult area and there has to be balance. The noble Lord, Lord Pannick, put it very well. We get more disruption from Remembrance Day every year across the country because roads are closed and people cannot do what they want to do. There are many times in society when we do things which cause disruption to others, but, if pushed, I would be more towards the position of the noble Lord, Lord Blencathra, than I would Amendment 371.
I have three points to make on Amendment 371. First, as the noble Lord, Lord Pannick, said, it duplicates what is already in the convention rights, and I cannot see the purpose of that. Secondly, it says nothing about the basic dilemma, which the noble Baroness, Lady Jones, demonstrated very well: most protest is intended to cause disruption in order to attract attention. People say that causing disruption is a right in a democracy, and I agree with that entirely, but I have to say that it is one of the most inefficient mechanisms for getting an argument over. A guy shouted about Brexit outside my office for about three years. All I could hear was one word about not liking Brexit; I never heard what his argument was. I am not sure a protest ever does any of that. It just attracts attention.
Disruption does cause that attention, but making Amendment 371 the only reason why the police would have to decide whether a march went ahead and if conditions were to be imposed would not address that basic dilemma. Nor would it address the dilemma that mass disobedience has, as the noble Lord, Lord Strasburger, said, achieved far more in the way of democratic change than many forms of parliamentary intervention. It is a mechanism, but a balance has to be struck. Individuals have a right, in addition to the police allowing them to do so, to make sure they can get to a hospital or that a fire engine can get through when it needs to, rather than simply when someone concludes that they will let it through.
Thirdly, the criminal law is the wrong place to state convention rights. If you are going to state them, there may be a place in law, but the criminal law is for declaring offences. If you want to start declaring rights, you might want to start declaring human responsibilities. The start of the Human Rights Act talks about human responsibilities but never got around to providing any enforcement mechanisms. All those things we ought to have as duties towards each other are articulated nowhere. Protestors can have their right to protest, but they do not have to worry about the rights of the poor child who cannot get to school or people who are trying to attend a place of worship. They have rights too, but the protestor apparently does not have to balance their rights when considering exercising his or her own.
My final point is a direct challenge to the noble Lord, Lord Marks, who I really like and respect, and the noble Lord, Lord Strasburger. The noble Lord, Lord Pannick, was quite right: it is quite unfair to criticise the police for arresting people at marches who are supporting a proscribed terrorist organisation. You may not like the proscription, but this place passed the legislation. We also passed legislation saying that it is an offence to support a proscribed organisation. Therefore, if you start waving banners about and saying you support these organisations, there will be a consequence. I do not see how it is okay to argue that the police, in taking action on the laws we passed, are doing something wrong. You may not agree with the law, but it is not right to blame the police for exercising it. That is a confusion that has arisen over the last few months, and it is one we can put right.
The objection was to the way that terrorism legislation was misused to, in effect, suppress protest. It was misused by combining as a group Palestine Action with two other desperately terrorist organisations, so that MPs and Peers had no opportunity to decide on one and not the other two. It was a bit of a fix.
I understand the point from the noble Lord, Lord Strasburger. My only challenge is that I do not think it is fair or accurate to blame the police for that confusion. I would stand up for the police, of course, but it would be better of this place to acknowledge that dilemma without blaming them for exercising the powers that we gave them.
My Lords, the hour is late, so I will resist the temptation to go further into the rights and wrongs and logical inconsistencies of some noble Lords’ views on the proscription of Palestine Action.
I hope that I offer the noble Lords, Lord Marks and Lords Strasburger, and the noble Baroness, Lady Fox, some reassurance that, in my view, they do not necessarily need to put Amendment 371 on the statute book or even wait for the review lead by the noble Lord, Lord Macdonald. There is an excellent review into protest law, Protecting our Democracy from Coercion, which I was privileged to lay before the House in my then role as the Government’s independent adviser on political violence and disruption. The review covers this whole area. I am pleased that the last Government enacted some of its recommendations, and I am still urging this Government to go somewhat further. It may not strike quite the same chord, but it is there, and it has been done. Some of the recommendations from that review are related to this topic, but they will come in later groupings, so we will get to them when we do.
I will offer a couple of brief thoughts on these fascinating amendments. Many noble Lords have mentioned the balance here, and clearly there is one. It is probably true that the amendments from noble Lord, Lord Blencathra, take a maximalist approach. I am not sure that even I would go that far, and it might well prove to be unworkable. However, it is important for any legislator looking at this area to understand where the public are on this. If we talk about defending democracy, but so gratuitously ignore and act against the very strongly held views of the public on this, then we are getting ourselves into a very difficult place.
None of this detracts from the right to protest. I mentioned my own review, which was published last year. In that review there is polling, which accords with a great deal of polling done by other sources, that shows just how strongly the public object to and oppose disruptive protests. Big majorities of the public are in favour of the right to protest, which is reassuring, but, as soon as it becomes disruptive, they oppose it by a margin of about nine to one.
The proposed new clause in Amendment 369 raises an interesting challenge by explicitly stating the right to protest. The noble Lord, Lord Pannick, is, of course, right that this is unnecessary, in the sense that the right is already enshrined in other areas. Further, where the proposers of this amendment seek to draw the balance glaringly omits the issue of disruption—it completely omits it.
The prospect of avoiding all disruption in protests is clearly not realistic and would go against the point. But we are in an era when much protest is increasingly organised and designed to cause significant economic damage through the disruption of people’s daily lives, often preventing working people from getting to work. I am seeing senior trade unionists scowl at me for making this point, but I would just ask those who have been in trade unions to consider what it feels like for working people to be stopped from being able to go to their workplace and contribute fairly, and being intimidated and shouted at as they go through the doors of their factory or try to go through them and are blocked.
Any attempt to place a balance, whether it is on the statute book, or in an attempt to create new laws, or to shift that balance, which does not acknowledge the harmful effect of disruptive protests on the economy or acknowledge that these things need to be properly balanced, is destined to make very bad law and be intensely unpopular with the public.
(1 week ago)
Lords ChamberMy Lords, I am pleased to support Amendments 366 and 538, tabled by the noble Lord, Lord Jackson, and introduced so cogently by the noble Baroness, Lady Neville-Rolfe. I thank her for the reference to my honourable friend Martin Wrigley, who helped to identify this particular issue, which addresses the growing problem of mobile phone and device theft, often fuelled by the profitability of reselling these stolen goods overseas.
We are currently facing an epidemic of mobile phone theft, as the noble Baroness said, with reports indicating that phone snatches have increased by as much as 150% in certain areas. Every single day, approximately 200 mobile phones are stolen across the country, with many being destined for a lucrative resale market abroad. These stolen devices remain valuable criminal assets, because, currently, they often can still be accessed or resold even after being reported.
We support Amendment 366 because it seeks to strike at the heart of this criminal profit model. The amendment would ensure that technology companies actively employ technical measures, specifically cloud-based blocking and IMEI-linked device locks, as the noble Baroness described, to deter the resale of stolen mobile phone devices. Without compulsory co-operation from cloud service providers and manufacturers, stolen data and devices will remain valuable criminal assets, even if the physical device is recovered. This is an essential step towards forcing technical solutions from technology companies to counter the incentives for theft.
Amendment 538 would provide the industry with a necessary and reasonable lead-in period, specifying that these cloud service access restrictions will come into force six months after the Act is passed. This would ensure that technology companies have the time required to implement the necessary technical standards and administrative processes.
For too long, the manufacturers and cloud providers have treated device theft as a secondary concern. It is time that they work in a much more customer-friendly manner, in the way that the noble Baroness described, and use their immense technical capabilities to simply turn these devices into mute bricks the moment they are stolen, thereby removing the incentive for the crime altogether. I very much hope that the Minister will accept these common-sense measures to protect our property and safety.
My Lords, I have added my name to the amendment in the name of the noble Lord, Lord Jackson, ably explained by the noble Baroness, Lady Neville-Rolfe. I may cover some of the same ground—I was only grateful that the noble Lord, Lord Clement-Jones, intervened, because people might have forgotten some of the points made, but if I amplify them too much I am sure that somebody will remind me. I was particularly keen to support the amendment because, in the past, I have criticised the police for a lack of enforcement and detection—but of course, they cannot do everything.
We know that organised crime, which I will come to later, is about money; it is just another form of business. Theft is driven by people trying to make a profit. The amendment is all about the commercial business of mobile phone sales—some of it legal but some of it criminal. Apparently, there are about 88 million mobile phones in this country. They can be about £1,000 each, so that is a market of about £88 billion or something of that order. It is a massive market. In 2023, the purchase of these devices totalled £5.8 billion, and there is another £2.5 billion-worth of services that they provide and that we all pay for, from data to the general use of a mobile phone. This, by any measure, is a massive business.
The value of the phones stolen, as the noble Baroness, Lady Neville-Rolfe, mentioned, was about £20 million, with a reinsurance value of £50 million. The number of phones stolen in the UK is about 120,000, with two-thirds of this happening in London. It is a big city, and there are an awful lot of targets for the criminals wandering about. As they leave the Tube, people take their phone out to get a signal, as we all want, and to check on the messages they have not received while they were on the Tube. That is where the criminals spot them, and they then follow them to a place where they relieve them of their phone. I suspect that is one reason why we see so much of this in London. Clearly, the business model works very well here.
These are the crimes that are reported. An awful lot of phones that are stolen are never reported. I have talked to people in this place who have not reported their phone as stolen because there has been a level of embarrassment about the fact that it has happened to them on the street—they have just got another phone. We only know about the bare minimum of the number of phones that have been stolen in the course of a year.
On many occasions, violence is used. Just the ripping of a phone from a hand can lead to somebody trying to hold on to it, and we never know where that contest might end. If somebody ends up on the floor, violence can follow and the physical consequences can be quite severe.
As far as the mobile phone industry is concerned, £20 million is a very small number compared to an £88 billion market. More importantly, as the noble Baroness, Lady Neville-Rolfe, pointed out, the industry benefits, because when you have your phone stolen you go back to get another one. So why would it stop this? There is no financial incentive to actually do anything about it. There might be a moral one, but I am afraid it looks as though the moral incentive is not having an awful lot of effect. Of course, none of the manufacturers or the networks tries to lead in the market by saying that if their phone is stolen then it cannot be used. There is no market incentive for one manufacturer to say that its phone is better because it cannot be stolen, or, alternatively, that if it is stolen then it has no value. There is no effect on the market that is helping to prevent the theft of phones.
It is all to do with organised crime. There are some fancy definitions—one or two people in the Chamber may know of them—of organised crime and what is it all about. It is about money. It is about being organised enough to steal things in such a volume and have somebody to buy them which means that they have been worth stealing in the first place. The market they are involved in is enforced by violence. There is no monopolies commission supervision of this market, whether it be drugs or mobile phones; it is enforced by violence to ensure that they succeed and that other people fail. It is therefore really important that we get this right.
As the noble Baroness, Lady Neville-Rolfe, said, the resale value of a mobile phone that has been stolen is about £300 to £400. The thief does not get £300 to £400, but, by the time it has gone through a few hands, that is the return that they are expecting. To pay everybody out, they need to get £300 to £400 to make sure that it works.
The problem is that 78% of the phones that are stolen are going abroad, as has been said, and we cannot seem to stop them at the border. This is not entirely surprising. Phones are very small items and some 90% of the world’s goods travel by sea, in containers. Without intelligence, the chance of finding mobile phones is very limited. Therefore, we are not able to physically stop the phones leaving the country and going to places such as Algeria and China. At the moment, the police are fighting a losing battle to catch the thieves, who are low down the organised crime chain, and trying to prevent the export of stolen phones. As I said, given the size of a phone, that is quite difficult: they are looking for a very small needle in a very large haystack.
I acknowledge that the Minister is trying hard to give a positive response, but I wonder whether he wants to challenge the reasons being offered when he goes back to the Home Office.
For most of these mobile phones, if the thieves have any sense they will turn them off, because the risk of being tracked is not insignificant, although clearly they do not always. That could be managed in two ways. First, there could be a time limit before the phone is blocked, such as 48 hours—the owner will not be looking for this phone for the next six years. Secondly, and probably more importantly, this is a bit Catch-22; if we argue, as I think the Government accept, that it is valuable because it can still connect to the network, once the thief knows it will not be connected to the network there will be no need to track it when it is stolen, because nobody will be stealing it. I know this will not be perfect, but if you could reduce it by 90%, that would have a massive impact.
I accept that the point on tracking is well intended, but if we made this difference, the device would not be reconnected and there would be no need for tracking. If there is a need, perhaps we should just time-limit it. I accept the advice the Minister has been given, but there is a way round that argument.
I am content, with the noble Lord’s experience of how these matters can be dealt with, to reflect on what he has said, but it does not get away from the fact that the problems I have outlined with the amendment as drafted would still be present. I cannot accept the amendment today but, in principle, we are all looking for solutions to stopping mobile phones being stolen, either by effective police action on the ground or by use of neighbourhood policing targeting hotspot areas with high levels of mobile phone theft. The noble Lord mentioned Tube exits, for example.
I cannot accept the amendment in this form because the reasons I have given need to be thought through. The noble Lord’s contribution points to another area where thought can be given. In light of what I have said, I hope the noble Baroness will withdraw the amendment for now, but not the general concern of this Committee and this Government that we need to take action on this issue.
(4 weeks ago)
Lords ChamberMy Lords, my Amendment 481 seeks to address the specific part that delivery services play in broader criminal activity. Delivery riders make regular deliveries to residential accommodation, which often houses vulnerable people. The identity of these riders is unknown, because they wear masks and helmets. Despite the anonymity of these riders, they can wander around inside these residential accommodations with impunity, especially because the outside door of these flats is often controlled remotely. Some of the elevators actually open into private apartments.
As has been mentioned already, a vulnerable 80 year- old lady opened the door of her flat from the lift and was confronted by one of these helmeted, masked foreigners. When she tried to shut the door, he prevented her shutting the door by putting his foot across the threshold into her apartment. You can imagine how frightened she was. Besides the fear that these riders can stoke, they can also commit crimes within the building. Some of them have put graffiti all over the place, so there is a real problem here.
Another thing we have to bear in mind is that these people are often involved in human trafficking and can be in the country illegally, as has been mentioned. This month, 171 illegal delivery riders have been arrested. My amendment is the first step in addressing all this criminal behaviour. It would enable an accurate diagnosis of the problem, the impact of which is particularly felt by the most vulnerable in our society.
My Lords, I support all three amendments, particularly the one tabled by the noble Lord, Lord Shinkwin. I have tabled amendments with general concerns about cyclists putting pedestrians at risk. The Government did not accept those. These amendments are different. It is no coincidence that the three people who tabled them have physical challenges that they overcome every day. Although as pedestrians we all face challenges with cyclists, if you cannot get out of the way, cannot see them coming and will sustain more grievous injuries should you be hit, that group in society is even more vulnerable. We should listen carefully to the case that they have made.
This Government and even the Lib Dems are a little complacent about responding to the general point about cyclists being held to account. There is almost a patting on the head: “There are not that many people dying or getting injured compared with those being hit by cars”. Well, 25 people have been killed by cyclists over the last 10 years, and it mattered to those families. It should matter to the Government to take some action.
The amendment from the noble Lord, Lord Shinkwin, merely asks for a review to gather evidence, particularly in the narrow area of commercial operations that employ cyclists, rather than just general cycling. The link between the cyclist and the employer has got more vicarious. Many of them are on zero-hour contracts and provide the cycles themselves. They do not always visit the operating centres of their employer. The employer says, “We didn’t buy the bikes; we don’t see the bikes. What has what they do when they are working for us got to do with us?”
I was out a few days ago with the City of London Police and saw that these people clearly are operating on behalf of a commercial company. There is a vicarious liability for the employer, but in no way is that link being established at the moment. The employers or companies could look at the data on the bikes. They could establish how often they were being operated. Sometimes this is beyond normal employment practice. They could establish which streets they went on. Many of them are going the wrong way down certain streets, which would be clear if they were to look at the data.
At the very least, this review might want to consider that an employer could do more positive things than just employ sanctions. They could start to educate their cyclists and reward them for better behaviour. Many employers of HGV drivers and bus drivers have schemes advertised on the rear of the vehicles: “If you don’t like how our driver is driving, please let us know”. They could do that for cyclists. You might say, “There’s no registration plate”. I argue for a registration plate. If you do not like that idea, they could have highlighters with details on the back advertising which company they were employed by and who you might report it to if you were not happy with the driving of that cycle. You are then starting to bear down on some of the accountability, which would gradually improve road safety. I am sure the Government are not blind to the problem, but people are worried about the amount of bureaucracy that would be needed and are frightened of having to establish it. I understand the administrative burden, but it is important to make incremental steps to start to have some impact in this important area.
At the very least, this review could establish some data on which we could all debate. It is insufficient for anecdotes to drive policy, but the anecdotes are so frequent and obvious that there is underpinning data that is not being collected. A review such as this would collect data, inform policy and make sure that any proposed changes were reasonable and likely to have some effect.
My Lords, I am sorry to interrupt the Minister. In previous Bills, the Department for Transport has made exactly the point that he is making, which is that a strategy is coming. It was due in the summer of this year, we are now at Christmas and there is no date, so I am not reassured by that general point.
I was surprised to hear the Minister say that we are struggling to find evidence of the problem that we are all talking about, because you only have to walk outside. Our newspapers and broadcasters are carrying out surveys showing what we all know to be true—not to blame cyclists for everything in the world, but there is clear evidence it is happening, so I am surprised he said that.
Finally, I wonder whether the Minister would like to look into the health data. We have talked only about the police data. The health data is completely different. When people go to A&E, their GP et cetera for injuries caused by cyclists, it is not recorded in the same way as it is by the police. We have two sets of data which we are not bringing together; we only ever talk about the data collected by the police. I was surprised to hear the Minister say they could not find the data.
Lord Katz (Lab)
To be clear, I was talking about evidence of causality rather than necessarily data on incidents. Let me make some progress, and maybe the noble Lord will be a little mollified by the time I get to the end of my contribution—or maybe not.
The fundamental purpose of the new offence is to—
(4 weeks, 2 days ago)
Lords ChamberMy Lords, I take this opportunity to wish my noble friend Lord Lucas a very speedy recovery from his operation. I also thank the Minister and the Home Office for in part adopting my Private Member’s Bill, with which the Minister is very familiar, but they do not go far enough. That is why I have taken the opportunity to table Amendments 341, 343 and 344.
I have asked for a separate debate on Clause 106, because a number of us have had long discussions with the excellent clerks in the Public Bill Office. Although there is a clause in my Private Member’s Bill that relates to insurance—I put on record the concerns of the insurance industry, not least the Motor Insurers’ Bureau, about the lack of insurance provisions in this Bill—I am told that it is not in order to put it in this Bill. I will raise those issues when we discuss Clause 106 standing part.
My Private Member’s Bill is my third attempt at such a Bill. The first attempt was during Covid, when we had no Private Members’ Bills because we were quite rightly busy passing all the regulations for processing Covid at every level. Then another year was missed, but my current Private Member’s Bill still remains on the Order Paper. I still hope that it will be adopted in full before the end of this parliamentary Session.
The genesis of my Private Member’s Bill was the very sad case, with which I am sure the Minister and the Home Office are familiar, of Kim Briggs, who was mown down on a public road by a bike that was completely illegal. It did not have brakes that failed; there were no brakes fitted to it at all. It was designed to be used exclusively on the velodrome for speed trials. Poor Kim Briggs stood no chance at all: she was mown down and killed. I realised when I met Matt Briggs, Kim’s widower, that current laws do not treat road traffic offences the same way as any other incident caused by other motoring offences. That is completely wrong.
A bicycle is not a vehicle, but it can have devastating consequences, as in the case of the death of Kim Briggs and several others. E-bikes, as we have heard, are heavier and go faster. Then, of course, we have e-scooters, which are, in fact, vehicles and are meant to be completely illegal.
My Amendment 343 is taken straight from my Private Member’s Bill. We were promised that there were going to be trials for a period of time—there were going to be pilot schemes to use e-bikes on a rented basis in a number of cities. These trials have gone on and on for ever, and during that time there have been at least six, 10 or a dozen deaths and a number of injuries caused by the misuse of these electric scooters. They are used as delivery vehicles and are used by criminals to steal smartphones and other items—handbags and all sorts—particularly at this time of year.
I would like to understand why—I hope the Minister will agree to do this in summing up this debate—we cannot bring those trials and the pilot schemes to an end, report to both Houses and bring in appropriate legislation. It is meant to be completely illegal to ride—to drive, in fact—an e-scooter in a public place. You are allowed to own them and operate them on private land, which normally means a car park or some other part of your estate. The gist of the amendment is to ensure that the Government will assess whether it is appropriate to legalise the use of privately owned electric scooters in public places in order to regulate their safe use and introduce compulsory insurance. That is where I wish the Government to go.
The cost to the country and to all of us who drive a vehicle is horrendous. It runs into millions every year because there is no means of registering or insuring these e-bikes or, indeed, e-scooters, as I have mentioned. So that is the general thrust of my Amendment 343: to bring these pilots to a halt and, if there is a case for e-scooters to remain, making them legal, whether rented or privately owned, to ensure that they are safe and registered and can be insured. I think that would be a great step forward and much safer indeed.
Amendment 344 asks simply that there should be an annual report on cycling offences. I was almost mown down by a very fast-moving—I have to say younger—woman coming at me at speed on a pavement. Now, unless I am mistaken, it is currently illegal, it is against the Highway Code, to cycle or use an e-scooter or an e-bike on a pavement, but these cyclists are doing so with alacrity. Fortunately, I managed to hop out the way, even with my advanced years. I noticed that there was a police van, and I asked the police whether they had witnessed this incident. They assured me that they had witnessed the incident, but they told me there is a policy of no pursuit of any person who commits road traffic offences, whether in the Highway Code or earlier road traffic offences. The question I would like to ask the Minister and the Committee today is: what are we doing here passing new provisions if the current provisions are simply being flouted and ignored, giving free licence to people who want to ride an e-bike, an e-scooter or a pedal bike on the pavement when it is illegal to do so? I would welcome an answer to that question.
As far as my Private Member’s Bill goes, I am delighted that Clauses 1 and 2 are more or less incorporated in Clause 106 in full, so a big thank you to the Minister for doing that. With Clause 2, I would like to understand why it was considered appropriate to remove the reference to Section 28 of an earlier Act in the earlier subsections of Clause 106.
Amendment 341 would prefer 14 years as an offence for causing death or injury in those circumstances, which is the tariff for other road traffic accidents of that severity. I think that is the intention of the Government, not imprisonment for life. I would welcome the Minister’s consideration of the amendments and my remarks. It is entirely inappropriate that we have laws in existence which are simply being flouted and that the pilot scheme and trials for e-scooters have not been brought to a halt. In tribute to those who died, such as the late Kim Briggs, more needs to be done to ensure that these very serious road traffic offences are finally recognised for their gravity, whether caused by dangerous, careless or inconsiderate cycling and whether resulting in death or serious injury. There should be compulsory insurance and therefore registration going forward.
I will speak to my Amendments 341A to 341D, 342A to 342F, 346A, 346B and 498A, and I thank the noble Lord, Lord McColl, the noble Baroness, Lady Neville-Rolfe, and the noble Lord, Lord Blencathra, for adding their names to some of those amendments.
In 2015, 444 pedestrians were injured by cyclists. In 2024, this had increased to 603. Of those, the number of seriously injured rose from 97 to 181, and 25 of the casualties died. These numbers are based on police reporting, so it is clear that they are a minimum. They do not include incidents where the police did not attend a collision or incidents where pedestrians either did not need immediate medical treatment or later attended their GP or a hospital setting without telling the police.
Every day, particularly in our large towns and cities such as London, we see cyclists ignoring traffic regulations and putting people at risk, particularly pedestrians who have a disability or a lack of mobility, even when those same people are using pedestrian crossings. At night many cyclists are not displaying lights, wear dark clothing and ride dark cycles, and pedestrians and other road users just cannot see them.
I do not believe that cyclists are a group of people who are more criminal than the rest of society or than any other road users. However, they are less accountable than people who drive buses and cars, and general deterrence theory does not work for them. General deterrence theory claims that the risk of detection is the most effective deterrent to crime. Drivers of motor cars, lorries and buses know that there is a good chance that their behaviour will be noticed and probably investigated because they will be identified.
This identification process has allowed major strategic road safety measures to take effect. First, the licensing of drivers has allowed drivers to be prohibited from driving by the suspension of their licence. The introduction of automated cameras monitoring traffic speed and regulation has produced mass enforcement at dangerous locations to enhance police enforcement, which had proved inadequate, given the rise in the number of vehicles on the road and the miles of roads available. But these two measures are not available against cyclists. They have no licence or registration mark. This means that not only does the technology not work against them, but they cannot be identified for other road users, and they have no identification mark to offer for an investigator to identify them after they have behaved badly.
My amendments are all designed to remedy that situation. The Government usually respond to my proposals in a few predictable ways. First, they say that the health benefits of cycling outweigh the regulatory costs. I propose that at least 603 people in 2024 would not agree. How can the blatant disregard of our laws, intended to keep us safe, be allowed for cyclists, and why does their right to a healthy life trump the rights of pedestrians to feel safe?
They are classed as motor vehicles for the purposes of the legislation if they can travel above 15.5 miles per hour; but they are not, self-evidently, for the reasons I have already outlined, subject to the licensing arrangements that we have to date.
Mandatory uplifts based on specific vehicle type would be a novel but also an inconsistent approach to sentencing. Sentencing should always reflect the facts of the case and the level of culpability. Introducing rigid statutory additions could undermine the principle of proportionality, create inconsistency and risk setting an undesirable precedent. On the noble Lord’s amendments on changing the “careless and inconsiderate” cycling definition, I understand his desire to put beyond doubt that cycling on a pavement or in an area intended only for pedestrians should be considered as cycling without due care and attention. However, cycling on pavements is already an offence in its own right, as set out in Section 72 of the Highways Act 1835, which is an awfully long time ago and has stood the test of time. It is also an offence under Section 129 of the Roads (Scotland) Act 1984. Given that these offences are still in place, I would suggest that, along with those in the Bill for serious offences, that provides a sufficient deterrent.
Amendment 337F would insert the definition of a cycle. Again, I come back to Section 192 of the Road Traffic Act 1988, which already defines cycles, and this definition includes compliant electrically assisted pedal cycles. As I said earlier, an e-bike that does not comply with the relevant legislation is a motor vehicle for the purposes of the legislation, not a cycle.
I turn to a series of amendments—341A to 341D, 342A to 342F, 346A, 346B and 498A—in the name of the noble Lord, Lord Hogan-Howe, which propose that a person could receive up to 12 points on their driving licence upon conviction of any of the offences in Clause 106. Reaching 12 points on their driving licence would, of course, disqualify them from driving a motor vehicle.
As I have mentioned already, cyclists do not require any form of licence to cycle, therefore the noble Lord proposes points on a driving licence as an alternative penalty. In the Sentencing Bill, which is currently before your Lordships’ House, there is already a new driving prohibition requirement that the court can impose when giving a community or suspended sentence order. This prohibition will allow a court to take a more flexible and tailored approach to punishment than a driving disqualification, and it will be available irrespective of the offence that has been committed. I hope that the noble Lord agrees that the provision in the Sentencing Bill goes some way towards meeting his objective.
The noble Lord’s Amendments 346A and 498A seek to create a registration scheme for the purposes of enforcing the new offences in Clause 106—
My Lords, on the point about the prohibition that might come from the Sentencing Bill, is the danger that unless the sentencing guidelines shift to reflect that new piece of legislation, you will end up with a very inconsistent approach in at least 43 police force areas as applied by the magistrates in those areas? If it is just a random event, they might lose their driving licence because of anti-social behaviour, some of which might be on a cycle. I understand the principal point that the Minister makes but I am not convinced that it will lead to a radical change in the way that cyclists are called to account through their driving licence.
It is ultimately for the Ministry of Justice, which is responsible for the Sentencing Bill, to look at sentencing guideline issues later. I cannot give assurances on those points today. However, the Sentencing Bill is currently before this House and it is trying to look at those issues as a whole. When it is law, my noble friend Lady Levitt and others will look at guidelines and those potential enforcement issues as a matter of some urgency. The Sentencing Bill proposes, in some way, one of the issues that the noble Lord seeks to achieve.
Again, self-evidently, a registration scheme for cycles would make enforcement of offences easier. The absence of a registration scheme does not make enforcement impossible. As the noble Lord will know, the police would be expected to pursue all reasonable lines of inquiry that are open to them by examining other evidence before them at the time of any potential incident.
As with the example of licensing for cyclists that I referred to earlier, the House must accept that the likely significant cost and complexity of introducing a registration scheme for cyclists would mean, for example—this was mentioned in one of the contributions today—that all cycle owners, including children and those making new purchases, would have to submit their information to a central database. That central database would be required to keep the information and the ownership up to date, and some form of registration plate would need to be affixed to a cycle. To give the noble Lord one statistic, the Bicycle Association has estimated that nearly 1.5 million new cycles were sold in 2024. That is a big undertaking. I know that the noble Lord understands that, but the enforceability of the existing legislation is the key, and the work that we are doing, which I have opened my remarks with, would be key to that and would counterbalance the potential cost to the public purse of establishing the registration scheme.
Amendment 346B, tabled by the noble Lord, Lord Hogan-Howe, seeks for e-bikes, which are currently faster and more powerful, to be treated as motorbikes or mopeds for policing purposes. The Electrically Assisted Pedal Cycles Regulations 1983 mean that e-bikes which do not comply with existing regulations will be treated as motor vehicles for policing purposes. The Department for Transport, which has overall responsibility for these areas, has published fact sheets explaining that e-bikes which do not comply with regulations will be treated as motor vehicles.
The noble Baroness, Lady McIntosh of Pickering, has tabled Amendments 341, 343 and 344, which seek to reduce the penalty for causing death by dangerous driving from life imprisonment to 14 years’ imprisonment. We have taken the view—I am pleased with the support of the noble Lord, Lord Cameron of Lochiel, on this—that the offences in the Bill bring into line this behaviour so that it is subject to maximum penalties equivalent to those already in place for dangerous driving offences, which is life imprisonment.
(1 month ago)
Lords ChamberI am grateful to my noble friend and hope I can help her by saying that my understanding of what has been said to date is that UEFA was not directly represented at the meeting, but was involved in wider discussions on the admission of fans. The Home Office was not party to those wider discussions, but I hope that the wider investigation, as I have already indicated to my noble friend Lord Hunt of Kings Heath, will examine that. The Policing Minister herself said in evidence to the Home Affairs Select Committee that we are exploring processes around the role of the safety advisory group when considering sensitive events of national significance. Whether external bodies comment on those matters will be part of that reflection.
My Lords, the noble Lord, Lord Hunt, is right to raise this issue, because I have become confused about the source and quality of the intelligence, and the decision-making process, particularly because the outcome was that Israelis were stopped from visiting the UK and attending a legal sporting event. This is a very serious issue, particularly at the moment. Of course, this is a two-part process: the police provided the intelligence and the sport safety committee did the banning. I am not sure who is looking into their decision-making and the juxtaposition between the two. Who called for what? I cannot remember the last time that any sport safety committee banned away supporters. Would the Minister let us know, at least in writing, when that happened and who is looking at the decision-making between the police and safety committee?
Again, this is for the West Midlands Police and the police and crime commissioner, but I understand that they are undertaking their own review into what happened and how that worked. We have commissioned a review through the inspectorate to look at issues around that particular incident, including the safety advisory group. We are also commissioning a report for 31 March on wider issues around the safety advisory group and how we can improve performance in the future. I heard what the noble Lord said but, if he will let me, I need to examine those details when the information is before the Home Office. If noble Lords wish to table Questions on the 31 December report post Christmas, they can. If they wish to table Questions on the 31 March report post then, they can. I will undoubtedly be making further comments on both reports to the House in due course.
(1 month ago)
Lords ChamberMy noble friend raised the issue, but I maintain that it is a valuable use of resources to help with crime prevention. We have organised a consultation, which opened on 4 December. My noble friend and anybody else can submit evidence or comments to that consultation over the next 10 weeks. When it is complete, the Government will assess the regulatory framework. We already intend to establish an oversight body to examine how that regulation will operate, which will require further work by the Government.
My Lords, the Court of Appeal has decided that the use of facial recognition is lawful. Equally, and to reassure everybody, the Minister is probably right to have a consultation. Facial recognition is far better at spotting people than people are. Even though it can fail at times, it is far better than any individual. It has two uses, one live and one retrospective; this was a complaint about retrospective use. The noble Baroness, Lady Jones, has a point and of course it needs to be fair. It should not discriminate by race, but I was a little surprised to see some of the evidence that was offered, because we had been reassured that it is fair. It is wise to examine it, but I would do so from the point of view of making it work, because it is a really effective tool to stop crime that we should not throw away. Does the Minister agree?
I agree with the noble Lord. When facial recognition technology is used retrospectively, it is not usually the sole piece of evidence brought either before the police for potential referral to the CPS or before the courts. It is one aspect of the evidence. It is important that we have the ability to use facial recognition but, quite rightly, His Majesty’s Inspectorate of Constabulary is looking at the issues raised by the noble Baroness, Lady Jones of Moulsecoomb. There is also a consultation to which any Member can make any representation about the use or regulation of that technology. Ultimately, however, it is a crime fighting tool that can also—it is worth remembering—find missing people who happen to walk past a facial recognition camera and who may not know that they are considered missing. That is also an important tool.
(1 month, 3 weeks ago)
Lords ChamberThe noble Lord has a point. Guidance for these incidents was put in place by his Government in 2023, and it is that guidance that has proved ineffective and led to the review. We are looking at the framework for this. We have commissioned the College of Policing to look at it, as well as the police, who have to deal with this matter and who themselves have said that the regime is not fit for purpose. We hope then to be able to update the guidance, depending on what the police and the College of Policing come forward with.
I challenge the noble Lord’s contention that crime is rising. In many areas, crime is falling; murder rates in London are at their lowest levels for many months. Crime is falling generally, and the work that we are doing to put extra police on the ground will help improve community support and community action on crime. However, we will wait for the review and report back to the House in due course.
My Lords, the noble Lord, Lord Young, and I, have tabled an amendment to the Crime and Policing Bill to try to remove non-crime hate incidents. I understand why the Minister has to give the reply that he gives—because a review is ongoing and the Government do not want to get trapped by it—but the danger is that we end up with an inconsistent approach, even if it is improved. At the moment, we have a situation where the Metropolitan Police is no longer investigating non-crime hate incidents, yet 42 forces are. Is there not a risk that following the review we will end up with more inconsistency, not less, when people are crying out for this to be resolved?
The Metropolitan Police has said that it will still record information collected from non-crime hate incidents, which is in line with the code of practice introduced by the previous Government in 2023. Ministers decide on issues, but we have commissioned a review of the 2023 guidance which is being undertaken by former colleagues of the noble Lord at a senior level in the police: the National Police Chiefs’ Council and the College of Policing. It is important that we receive their review and then we can determine whether we agree with the recommendations. Ministers decide, but we have commissioned a review, and it is important that we allow it to report.
(1 month, 3 weeks ago)
Lords ChamberMy Lords, I shall speak to Amendments 211, 212, 213 and 214 in my name and that of the noble Lord, Lord Lucas. I am grateful to the noble Lord for his support in these amendments.
This area is about producing consistency and fairness. I would not like anyone to be confused about thinking that I wanted to be more liberal—not Liberal Democrat, but liberal—about knife crime. It is about producing consistency for people who possess knives with innocent intent. Generally speaking, I welcome the update of the penalties associated with offensive weapons under the Restriction of Offensive Weapons Act 1959 and Section 141 of the Criminal Justice Act 1988, in line with more modern regulation. I suggest that, as well as reviewing the penalties, it is appropriate for us now to review the defences as set out in my Amendments 211 to 214.
The last two pieces of legislation on zombie knives and ninja swords have included a range of defences, such as historical importance, being a blunt weapon or skilled handmade items, in addition to existing global defences of religious ceremony, Crown and visiting forces, antique theatrical and media productions, museums —when the public have access—and ownership for educational purposes. In the new legislation, items such as zombie-style knives, machetes and ninja swords have the defence of historical importance, which applies to sale, gift, loan and importation. In my view, there is no good reason for that not to apply as a defence in a consistent global manner to the other 20 items in that schedule.
For example, if the family of a World War II veteran or a collector can prove that the item they own in private is historically important, it allows them to own it legally, so there is no good reason to prevent them passing it on to the next custodian. The defence relates to the nature of the item, not the person who owns it. We should feel confident that, in doing this, it will follow what happened in 2018, when many thousands of historical weapons from the trenches of World War I dropped out of the scope of the legislation because they became antiques. That was not accompanied by a surge in crime involving these knives. Historical knives do not play a significant role in crime; they are far too expensive for that, and, with the public interest in the end of World War I, the only surge seen was a rise not in crime but in the auction prices they realised because they became antiques and were, therefore, more valuable.
Lord in Waiting/Government Whip (Lord Katz) (Lab)
Maybe this should be called the “afternoon of the long knives”.
I am grateful to all noble Lords who have spoken in the debate and thank the noble Lord, Lord Hogan-Howe, and, in his absence, the noble Lord, Lord Lucas, for bringing these amendments. I am grateful to the noble Lord, Lord Hogan-Howe, for explaining the intention behind them.
We can see the merit in Amendments 211, 212 and 214, but making changes like this would first require thorough consultation with the police and officers. Obviously, we are very privileged to have the testimony and experience of—I am not sure whether “brace” is the right collective noun for two former commissioners—the noble Lords, Lord Hogan-Howe and Lord Stevens of Kirkwhelpington. The noble Lord, Lord Clement-Jones, remarked on how you learn something new every day: indeed, I had no idea that truncheons have so many uses or non-uses. I am grateful also to the noble Lord, Lord Davies, opposite for explaining the ingenious uses that he put his truncheon to from time to time.
While I am referring to comments from noble Lords, I say to my noble friend Lord Hacking that his issue depends on the question, “How long is your dirk?” I am not sure whether that is something I would want to say at any point in time, let alone at the Dispatch Box, but there we are.
More seriously, I assure the noble Lord, Lord Hogan-Howe, and the rest of the Committee that the Government will consider further the issues raised in the discussion that we have had on this group of amendments. In doing so, we will ensure that any changes to the existing defences and exemptions are made after thorough consideration of the impacts. As the noble Lord, Lord Davies, said, they all deserve serious thought and thorough consultation. Although I am not suggesting for a minute that anything said by the noble Lord, Lord Hogan-Howe, suggested otherwise, we must place the safety of the public in a paramount position. As such, I cannot undertake to bring forward any proposals in time for later stages of the Bill. However, I stress that, in any event, it would be possible to give effect to the sort of proposals that the amendments intend through existing regulation-making powers. Any such regulations would be subject to the draft affirmative procedure and, therefore, would need to be debated in and approved by both the House of Lords and the other place.
Amendment 213, on items used for agriculture, gardening or similar purposes, was tabled by noble Lord, Lord Hogan-Howe, and discussed by the noble Viscounts, Lord Hailsham and Lord Goschen. We believe the legislation is clear that it targets curved swords, and, if that is contested, it is ultimately for the courts to decide. We will work with the National Police Chiefs’ Council to ensure that police officers have access to appropriate guidance. I am sympathetic to the points made by the noble Lord, Lord Hogan-Howe, and other noble Lords, and the proposed amendments require further consideration and consultation.
Regarding Amendment 214—indeed, all the amendments—I stress that it is at the discretion of the police, the CPS and ultimately the courts to decide to take action against those holding weapons or items on the Schedule’s list for legitimate historical reasons, or indeed those using them for legitimate cultural sets of reasons. It is at the discretion of the police and the courts in taking a case forward. But I equally stress that we have existing powers to change the relevant law through secondary legislation. Given that, I ask the noble Lord to withdraw his amendment.
I thank the Minister for both the tone and the content of his response. I agree with him entirely that the main purpose is to keep people safe, and I would never want to do anything to compromise that in any way. One reason for the amendments is that sometimes, the discretion of the police and the prosecution services that he urged has not always been exercised in a way that businesses and collectors have felt is appropriate. This has probably left them to manage that risk themselves. They are not trying to break the law, but they sometimes feel they are at risk of doing so. With all that said, I am reassured by the fact that the Government may be able to consider secondary legislation appropriate. That may be the best way to deal with this. I of course beg leave to withdraw my amendment.
(1 month, 3 weeks ago)
Lords ChamberThe noble Lord is absolutely right: we must ensure we have extremely good support, via the police service, for improving the quality of senior officers. If he looks and the Crime and Policing Bill in detail, he will see that there are measures to improve training, support, promotion opportunities, quality, vetting and other mechanisms, in relation to improving the quality of police officers.
Again, it is important that the policing individual for the mayor’s office, or the police board, holds the chief constable to account. In the case that he mentions, it is arguable that that did not happen to the extent that it should have done. There is an important distinction between budget, holding to account and agreeing a plan versus day-to-day operational activity. Improving the quality of staff is absolutely important, and that is what our new proposals in the Crime and Policing Bill are designed to do.
My Lords, the Government have done the right thing in removing PCCs. That said, some of them were very good and they sometimes made some good decisions. However, interestingly, as PCCs came along, we ended up with selections for chief constables with one applicant: the home candidate. Unsurprisingly, they ended up with people who agreed with them. So, I am afraid that some change was necessary, and that is a good idea.
I am less convinced by the Government’s solution in other respects. First, the move to mayors may be a good idea, but I worry about the rest. The Minister said that, at the moment, it is a patchwork. I am afraid that the alternative solution to a mayor looks like a hodge-podge. I include in that the City of London, which appears to be keeping its own committee, for reasons entirely beyond me. Why does the City of London, the smallest force in the country, need a committee that nobody else can manage?
Finally, I am not sure about these savings. I can almost guarantee that the council leaders who take on this responsibility will want their own people to support them, so will absorb that saving immediately. The Government may want to look at what arrangements will be in place and whether there will be any cap on the expenditure for the new governance, which frankly has gone through the roof. As the Minister has just explained, that saving will be gained by the new arrangements.
I first echo what the noble Lord has said. This is not in any way directed at the performance of individual police and crime commissioners. There are many good people who have given a lot of commitment and time and, in many cases, have made significant changes. However, at the end of the day, we are looking at the governance model. In my view, it needs to move towards the mayoral model. Where we can do that, we will.
The genuine problem is that not every area is seeking to have a mayor at the moment and not all police authorities are coterminous with mayoral authorities. Those are issues that we will have to look at downstream, but the general presumption is to build on the models we have now, in London, Greater Manchester and the Yorkshires, to ensure that we firm up that mayoral accountability.
The police White Paper—which, as I have just confirmed to the noble Lord, Lord Davies, will be published before Christmas—will look at issues such as efficiency, a range of matters to do with the improvement of training, going back to the point made by the noble Lord, Lord Swire, and how we can improve performance outputs in policing. I will bring that back to the House before Christmas but, at the moment, I cannot stray too much into that area.
(2 months, 2 weeks ago)
Lords ChamberAgain, I genuinely do not wish to pre-empt the review being undertaken now. The review by the National Police Chiefs’ Council and the College of Policing will come forward shortly and I expect the interim findings to be published in very short order, but the point that the noble Lord made is a valid one. The Metropolitan Police has said that it will not pursue non-crime hate incidents any more but will still record information because it gives valuable information about potential disability crime, racial crime and crimes against transgender people and others. It is important that we get the balance right, and one reason why my right honourable friend the then Home Secretary ordered that review was to make sure that we do not waste police resources or take the actions that the noble Lord mentioned.
My Lords, rather than waiting for the National Police Chiefs’ Council and College of Policing review, is it not time that Parliament made a decision on this issue? The danger is that we have got to this position because those two bodies have allowed it to develop. Surely the time has come, as the noble Lord, Lord Strasburger, pointed out, for the police not to be investigating non-crimes, interviewing people who have not committed crimes and recording data on people who have not committed crime, with all the bureaucracy and timewasting that go with it.
I am grateful to the noble Lord, who brings great experience to this area. Parliament has had a view on this matter—it passed the codification of non-crime hate incidents in legislation in 2023 under the Government that I was not party to, not a supporter of and not a member of. That is why the police have the responsibilities that they currently have. The important point for the noble Lord is that this Government came in in July 2024, realised there were some challenges in the system, had representations from across this House and the House of Commons, and ordered a review. That review is being undertaken by the National Police Chiefs’ Council. It commenced in January; it will be finished very shortly, and there will be an interim response. Then we can decide whether we wish to take any action on those recommendations as they affect individual police officers and in terms of whether there are any policy implications for the Government.