Crime and Policing Bill

Debate between Lord Russell of Liverpool and Lord Hanson of Flint

Committee stage
Thursday 27th November 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I appreciate my noble friend’s comments. If she will bear with me, I will come on to that point in a moment. I am doing this in a structured order to try to address the points that are before the Committee today.

I say to my noble friend Lady Brown that, within the Bill, we are also taking the power to issue statutory guidance to chief officers. The noble Earl, Lord Russell of Liverpool, and my noble friend have looked at that, and I will return to it in a moment. The guidance will include a descriptive definition of CCE, setting out in lay person’s terms the conduct captured by the offence, and will provide practical guidance on how the CCE offence and orders should be applied.

An important point, to go particularly to what the noble Earl, Lord Russell of Liverpool, said, is that in Clause 60—which we will come to in later considerations—the Secretary of State has power to issue statutory guidance to chief officers of police about the exercise of their functions in connection with the prevention, detection and investigation of CCE offences and CCE prevention orders. I hope that the Committee will recognise that, importantly, the relevant police officers will be under a legal duty to have due regard to that statutory guidance when exercising functions in relation to the CCE offences and the CCE prevention orders. On the question of the statutory guidance, which my noble friend and others have touched on, the guidance has not been issued yet because the relevant legislation has not yet received the consent of this House or indeed Royal Assent. On the applicability of both of those conditions, statutory guidance under Clause 60 will be issued, which will place a legal duty on police officers to adhere to it.

My noble friend Lady Chakrabarti mentioned a very important point. There is a clear difference in what my noble friend Lady Brown of Silvertown has put forward, supported by my noble friend Lady Chakrabarti. I hope this helps: the forms of conduct that are likely to enable a child to commit criminality are expected in most cases to also meet the test of conduct by an adult intended to cause, or facilitate the causing of, a child to commit a future crime. The nature of the offence, which is broad and large, will ensure that it captures offenders who will use children for crime. I believe that that is the right format. Both my noble friends have said that “enable” is a critical word. I believe that a separate definition is unnecessary, as it would have no legal impact over and above what is already in the Bill. It could cause confusion among police and prosecutors about which definition they should be applying.

The statutory guidance, which I emphasise will gave a legal bass and will be issued under Clause 60, is the appropriate place to provide the extra detail to understand proposals that are covered by the amendment, but which are already in scope of the clear and simple legal terms of Clause 40. I know that that is the defence that my noble friend Lady Chakrabarti expected me to use, but it is the defence: Clause 40 is what it is, and the guidance will also be statutory.

[Lord Russell of Liverpool (CB)]

While statutory guidance is welcome, this particular case has similarities to other areas of the criminal law where the motivations and behaviours are complex, such as stalking and various areas of domestic abuse. In every case where regulation has been put in such a way that it becomes statutory, unless that goes hand in hand with appropriate and quite intensive training, you can have as many regulations as you like, as legally watertight as you like, but if the officials who are charged with implementing it do not understand the complexity that they are dealing with and cannot define and understand exactly how to apply the regulations, you are going to have confusion. We have a lot of history of that not happening. Good intentions are one thing; what actually happens when you put it out there and expect that everybody will understand and comply with it is another, and that is a concern that a lot of us have.

Crime and Policing Bill

Debate between Lord Russell of Liverpool and Lord Hanson of Flint

Committee stage
Thursday 27th November 2025 Lords Chamber

[Lord Russell of Liverpool (CB)]

If it is beyond the remit of the National Crime Agency and Ofcom to do anything about this, perhaps the Minister will tell us who is going to take responsibility and actually enforce what the noble Baroness is trying to persuade the Government to do in the amendment.

[Lord Hanson of Flint (Lab)]

All chatbots are regulated under the Online Safety Act. If there is harmful or illegal content or advice in relation to children, it is up to Ofcom to take action on those matters. Many of these issues are for DSIT Ministers and Ofcom. I am a Home Office Minister. The noble Baroness has requested a meeting and I will put that to my DSIT ministerial colleagues. I hope they will be able to meet her to reflect upon these issues. Although I am answering for the Bill today, some of these issues are DSIT matters, and it is important that she has an opportunity to raise them with DSIT.

Crime and Policing Bill

Debate between Lord Russell of Liverpool and Lord Hanson of Flint

Committee stage
Monday 10th November 2025 Lords Chamber

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I thank the noble Lord, Lord Russell of Liverpool, for his amendments. I also thank the Victims’ Commissioner, the noble Baroness, Lady Newlove, both on the amendments and for her work on this issue over many years. I am also grateful for the support of the noble Baronesses, Lady Stedman-Scott and Lady Jones of Moulsecoomb, for the comments on this area from the noble Lords, Lord Hampton and Lord Clement-Jones, and to the noble Lord, Lord Davies, from His Majesty’s Opposition.

Amendment 27 aims to ensure that all victims of repeat anti-social behaviour are subject to an impact assessment, even where the individual has not requested a case review to be undertaken. The Government believe that there is a more effective response to this issue, in that we can ensure that victims are aware of their rights to request a case review. That has been included in updated statutory guidance for front-line staff, which we published in September. The proposals in the amendment would significantly increase the resources required to review anti-social behaviour incidents. The wording of the amendment would mean that even in cases where the victim is satisfied with the response, the police would be required to conduct an impact assessment.

The noble Lord, Lord Russell, has approached this by saying he wishes to work with the Government to look at this. I am happy to have further dialogue with him and the responsible policy Minister in the Home Office post Committee. We can return to it then and examine the nuances. I hope that my initial comments give him a flavour of where the Government currently are.

Amendments 28, 29 and 31 look at the anti-social behaviour case review process and mandate the requirement for there to be an independent chair, for victims to be invited to attend their case review, and to reduce the ability for authorities to add additional caveats that reduce the victim’s abilities to request a case review. I am pleased to say—I hope that the noble Lord, Lord Russell of Liverpool, will accept this and the way that I put it to him—that we have recently updated the statutory guidance to front-line professionals, which already reflects the proposals he has put to the Committee today. I believe that this will create the impact that his amendments intend to bring while still allowing for greater flexibility for circumstances to be treated on an individual basis. Again, if the noble Lord would like further information on the statutory guidance, I am happy to provide that to him and to the noble Baroness, Lady Newlove, but we think that it meets the objectives of Amendments 28, 29 and 31.

Amendment 30 seeks to require relevant bodies involved in case reviews to publish details on why they have determined that the statutory threshold for a case review was not met. Under existing legislation, it is already a requirement for the relevant bodies to publish the number of times they decided that the review threshold was not met. I highlight to the noble Lord that, through Clause 7, the Government are introducing further requirements for local agencies to report information about anti-social behaviour to the Government. That is for the purpose of us understanding how local agencies are using the powers and tools provided by the 2014 Act, including the question of case review.

If the noble Lord looks at Clause 6 in particular—it is buried in the depths of the undergrowth of Clause 6 but I assure him that it is there—he will see that there will be a new duty for police and crime commissioners to set up a route for victims to request a further review where dissatisfied with the outcome of their case review. This includes where the relevant bodies determined that the threshold was not met for the initial case review. I will give further explanation of Clause 6 when we reach it, but I hope that it meets the objectives that the noble Lord has set out in Amendment 30.

The recently updated guidance on case reviews address many of the same points as these amendments and I hope that it will have the opportunity to bed in. I am happy to send the noble Lord a copy of the guidance, if I am able to, and I assure him that we will monitor the effectiveness of that guidance in improving good practice. He has my commitment that, if necessary, we will revisit the issues again in the near future. Until then, I submit that it would be premature to legislate further on case reviews beyond the measures in the Bill. I hope that with those assurances, the invitation to further discussion and the offer of further information, the noble Lord would be content to withdraw his amendment.

[Lord Russell of Liverpool (CB)]

My Lords, I am grateful to the Minister for the tenor and content of what he just said. The devil is quite often in the detail, so I, with others, would be happy to sit down with him and try to make sure that we all understand it in the same way and are talking the same language.

I have concerns about guidance that is, in theory, flags up to people in a slightly different and slightly more lurid way what their rights are. In evidence, I would state the experience of the victims’ code, which has been around for a very long time. On numerous occasions, when officers of various agencies who are, in theory, responsible for knowing the contents of the victims’ code are quizzed on it, they no absolutely nothing or very little or get very confused about it. Having guidance does not in itself solve any issue if people do not understand the guidance, are not trained in it and do not have sufficient experience of how to apply that knowledge in a sensible way.

However, I hear what the Minister is saying and I think we are moving in the right direction. I feel strongly that trying to look at, and perhaps reverse-engineer, some of the examples of best practice that are around would be informative and helpful, since we have a habit of reinventing the wheel in our 43 different police forces. Then of course there are all the local authorities and housing associations as well, so there is quite a muddle of people and agencies looking at this and the evidence suggests that we need to pull that together much more coherently and effectively than we are doing at the moment. But I take and accept the Minister’s kind invitation to discuss this issue further, and on that basis I beg leave to withdraw the amendment.

Child Houses for Child Victims of Sexual Abuse

Debate between Lord Russell of Liverpool and Lord Hanson of Flint

Tuesday 9th September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Lord will know that there is a violence against women and girls strategy that is being brought forward, and the prevention of child sexual abuse will be a considerable part of that strategy. The Home Office has accepted all the IICSA recommendations. I responded on a Statement in this House on Thursday of last week, on the work that is being done on grooming gangs. We are trying to ensure that we examine the lessons produced for us, not just by Alexis Jay in the IICSA report but also by the noble Baroness, Lady Casey, in her report. There is an ambitious government programme not just to put resources into that but to try to learn those lessons and better co-ordinate how we respond and prevent. That includes training for police and social workers and the duty to report that is in the Crime and Policing Bill that is coming up shortly. There is a range of measures. Again, I welcome the noble Lord’s support for those measures, and his suggestions as the Crime and Policing Bill goes through this House. It is an important issue; it should not divide this House. It is one where we have an ambitious programme to help prevent future child abuse and to support victims who exist already.

[Lord Russell of Liverpool (CB)]

My Lords, I think I am like everybody across the Chamber in that we are all very favourable to some of the noises the Government are making about how they are listening on this and how they understand the issues and the problems. The issue I, and I think many others, have is it is invigorating to hear the Government say they understand the problems, but what so many of us are waiting for is action resulting from that level of understanding. As others have said, other countries have many more Lighthouses than we do; they roll them out a great deal more quickly. There appears to be something endemic in our inability to move quickly. In the interest of those children—and to echo the words of the Children’s Commissioner that every area that has had the grooming scandals should have a Lighthouse project on its doorstep—could the Government act more quickly?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord. The Government are trying, as I know the noble Lord knows, to respond to the long-term recommendations of the Alexis Jay report, which lay relatively idle until July of last year. We have tried to re-energise the approach to those very severe areas where grooming-gang activity has taken place. We commissioned the national report from the noble Baroness, Lady Casey. There are a range of recommendations that we have accepted in full. Also, as I mentioned to my noble friend Lady Brown of Silvertown, we have an ambitious programme to expand that therapeutic support, of which the Lighthouse is an extremely good model. To do that requires cross-government activity. I will happily report back to this House when plans are forwarded. I hope the noble Lord will rest assured that this Government intend to help prevent future child abuse and give support, solace and help to those people who have been victims in the past.

Tackling Stalking

Debate between Lord Russell of Liverpool and Lord Hanson of Flint

Thursday 5th December 2024 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I welcome the Statement yesterday by the Government. I was taking part in an online conference organised by the Suzy Lamplugh Trust yesterday morning and the Minister, Jess Phillips, was there in her usual form—she has the ability, as a politician, to speak words that do not sound as if they are being spoken by a politician. In a way that was slightly pertinent to the debate we have just had, she understands the language that victims use themselves and need to hear so that they know they are being heard. I commend her for that. I have four particular points that I would like to raise.

The first is that the Government’s pledge to reduce the level of violence against women and girls is entirely welcome. It is a no-brainer. How to do it is of course the problem. At the moment, a lot of the funding for stalking is inextricably linked with that for domestic abuse. The two are not the same. They overlap, but a very significant part of stalking, about 64%, is not domestic abuse related and, if that is not recognised as the separate issue that it is, and is not given the right resources, we will continue to have all sorts of problems.

The second is that, while it is valiant to try to do something about the perpetrators, I think that that will not be done effectively by the current ways in which it is being done. The Suzy Lamplugh Trust has pioneered a programme called MASIP, which is a way of getting every informed body around the same table so that together they can speak with a real insight into and knowledge of the individual perpetrator, his history—it is usually a he—and behaviour, the type of stalker he is, the probability or possibility, if there is any, of his being able to be influenced to stop doing what he has been doing. That really needs to be encouraged. It is an existing best practice and it works.

Thirdly, access to independent stalking advocates is vital. The statistics are simply spellbinding. For every victim who has access to an independent stalking advocate, the chance of conviction is one in four. For a victim without that access, it is one in 1,000. Even those who do not know very much about statistics would recognise the quantum difference between the two.

The last is best practice. Jess Phillips mentioned yesterday, and it is in the Statement, the best practice that exists, for example, in Cheshire. Cheshire is really at the top of the Premier League—thinking about another Bill that is taking an inordinate amount of time your Lordships’ House—in terms of working in a co-coordinated way, being very open-minded and prepared to pioneer approaches that I fear the majority of police forces, for all sorts of good reasons, I am sure, have not done. We know that it works there incredibly well. The Government have inherited a system of 43 different police forces and 43 different police and crime commissioners, and we have a system where the British tendency to try to create the wheel in our own image repeatedly exists and flourishes in that environment. There is a point at which His Majesty’s Government will have to mandate best practice and ensure that it is adhered to. If we know it works, let us use it.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for his very constructive contribution. I cannot compete with Jess Phillips in terms of language, but I will certainly refer the points that have been made throughout this debate back to her. I think the noble Lord will recognise that Jess Phillips is absolutely 100% committed to meeting the target set in the Government’s manifesto. She is passionate about the issue of violence against women and girls and understands the very point the noble Lord mentioned about the difference between domestic violence and stalking. She is cognisant of the fact that she will need to work with other government departments, such as the Ministry of Justice, in particular, to improve performance in these areas.

The noble Lord mentioned stalking advocates, which is a very constructive contribution. I will refer to Jess Phillips’ speech, note it and look at how we can work with the suggestion in due course.

Best practice is extremely important. Cheshire is just over the border from where I live, and I know the area very well and all the good practice going on there. Part of the Government’s objectives, as set out in the Statement, is to ensure that we look at best practice, incorporate it into guidelines and work together with a number of agencies—health, police, probation and others—to give statutory guidelines downstream and to help support agencies in reducing the level of stalking and linked criminal activity.

The noble Lord makes an extremely valid point, because the question of advocates has arisen. Last year, the police recorded 131,912 stalking incidents, and only 8% of those ended up in a charge. Some 66,000 of those cases—this shocked me and will shock the noble Lord—were closed due to the victim not supporting action. The point he makes about stalking advocates is central to that issue; people need support, because for many it may be the first time they have come into contact with the criminal justice system. All of us have different experiences of it, but this might be the first time they have met with a police officer in the context of themselves or a court. Therefore, an expert who can stand back and provide guidance and reassurance might well lift that 52% non-progression rate. The number of people convicted of stalking offences, which increased last year under the previous Government by 39%, is still only 1,239; that compares with a recorded stalking offences figure of 131,000. That needs to change, along with the culture. I hope that the measures in this Statement will assist in that, if not complete the task.