Crime and Policing Bill

Debate between Baroness Coffey and Lord Katz

Wednesday 4th March 2026 Lords Chamber

[Baroness Coffey (Con)]

I am actually very pro-digital ID, as long as it is not mandatory, but one of the things to improve take-up is the fear that people will have fraud committed against them. This amendment introduces an offence not necessarily to reduce the likelihood of that, but to provide potential weapons that can be used against criminal forces. That is why I am so keen on this amendment.

[Lord Katz (Lab)]

While I understand the point the noble Baroness is making, I do not want to presage the content of the fraud strategy, which will be upon us really quite soon, or indeed what is in the legislation that will introduce national digital ID. I absolutely take the point that some people want to encourage digital ID because it gives security of identity in a digital form for deployment in a number of different areas, whether claiming a benefit, voting or whatever use it may offer—I will stop there because my expertise on digital ID does not extend much further. All I will say is that, given the comments I have already made about the Fisher review and the forthcoming fraud strategy, which will address emerging fraud risks, including identity theft, I hope that the noble Lord is content to withdraw his amendment.

--- Later in debate ---

[Lord Katz (Lab)]

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

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

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

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

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

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

[Baroness Coffey (Con)]

The Minister just said that he will exchange correspondence with the noble Lord. Will he make sure that that is copied to everybody who is participating in this debate?

[Lord Katz (Lab)]

Yes.

Crime and Policing Bill

Debate between Baroness Coffey and Lord Katz

Committee stage
Monday 15th December 2025 Lords Chamber

[Lord Katz (Lab)]

The road safety strategy review is being undertaken by the DfT, so it is a little outside my bailiwick to speak on it. There may well be lots of provisions in the strategy—this is more my speculation than anything else—that do not require primary or secondary legislation. The strategy will be out soon, and we are about halfway through Committee.

My noble friend’s amendment on confiscation of uninsured vehicles was supported by the noble Lord, Lord Ashcombe, who spoke with considerable knowledge of the insurance industry and the costs of free riding in car insurance and those who do not act responsibly. As I have indicated, the police already have powers under Section 165A of the Road Traffic Act 1988 to seize vehicles that are driven without insurance. This amendment goes further by making confiscation automatic and permanent after 28 days.

Under the existing regulations, the process for reclaiming a seized vehicle is clear and time-bound. Once the vehicle is seized, the registered keeper or driver has seven working days to reclaim it by paying all recovery and storage charges and providing proof of valid insurance. This ensures that enforcement is firm but fair, giving owners a reasonable opportunity to comply. If the vehicle is not reclaimed within the seven-day period, the police may proceed to dispose of it. Disposal can mean sale, destruction or other lawful means after issuing a formal notice of intent. This step ensures transparency, and due process for ownership is effectively transferred. These provisions strike an appropriate balance between enforcement, cost, recovery, and fairness to vehicle owners.

Having said that, my noble friend has indicated that her underlying point is about the inadequacy of the sanctions for driving without insurance, which the noble Lord, Lord Ashcombe, was discussing as well. My noble friend has pointed to the fact that at £300, the maximum fixed penalty notice for this offence is about half the cost of average annual car insurance. As I have said, we will soon be publishing a new road safety strategy. At the risk of sounding like a broken record, this will, among other things, set out our proposals for changes to motoring offences. I invite my noble friend to study the strategy and accompanying consultation documents once they are published.

[Baroness Coffey (Con)]

Clearly, the intention of noble Lords is to bring this forward because the feeling is that the power is not being used very often. Will this road strategy put in place the existing data or encourage its use to its full effect if this amendment is not required?

[Lord Katz (Lab)]

I am at no greater advantage than other Members of your Lordships’ House regarding what will be in the road safety strategy. There is a good reason why these amendments are grouped together: they all raise issues which will be covered in some way by the road safety strategy. As I said to my noble friend Lady Hayter, there could be things in the strategy that do not require changes to the guidance, or action in primary or secondary legislation that allows us to act quickly. However, I would be speaking well beyond my responsibilities in speaking for the DfT, for which I have absolutely no responsibility.

Welfare Reform

Debate between Baroness Coffey and Lord Katz

Wednesday 2nd July 2025 Lords Chamber

[Baroness Coffey (Con)]

My Lords—

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

My Lords, we have 10 minutes left. We have plenty of time to get everybody in if we are orderly about it. Let us hear from the noble Baroness, Lady Fraser.

Employment Rights Bill

Debate between Baroness Coffey and Lord Katz

Committee stage
Wednesday 18th June 2025 Lords Chamber

[Lord Katz (Lab)]

I do not want to extend the debate too much or do too much quoting across the Dispatch Box but, to counter that, Labour’s Plan to Make Work Pay talks about establishing a single enforcement body that

“will have the powers it needs to undertake targeted and proactive enforcement work and bring civil proceedings upholding employment rights”.

To a fair-minded person that is pretty clear.

[Baroness Coffey (Con)]

My Lords, this has been an exceptionally revealing debate on this group of amendments and the clause more broadly. I somewhat agree with the Minister on creating the ability to initiate legal proceedings—which, by the way, continues some of the work already being done by the existing authorities—but the Bill does not refer to being able to do that without the consent of the worker, which will surprise a lot of people, and absolutely does not make reference to the level of financing, which we have just discussed in relation to Clause 114.

Another point I noted is that, on Monday, the Minister, the noble Baroness, Lady Jones of Whitchurch, referred to “employees and employers”, but the Minister at the Dispatch Box today has been very clear that this is also about funding trade unions. As I said, this has been a revealing debate and one that, after I discuss it with my Front Bench, we may explore further on Report. With that, however, I beg leave to withdraw the amendment.

Employment Rights Bill

Debate between Baroness Coffey and Lord Katz

Committee stage
Tuesday 10th June 2025 Lords Chamber

[Lord Katz (Lab)]

The point remains that there was not a threshold mandate for the few referendums that we have had. I maintain my point that ballots and elections are not really analogous, and there is danger for everyone in trying to compare the two.

The removal of the initial requirements imposed by the 2016 Act will reduce the red tape on trade union activity that works against their core role of negotiation and dispute resolution.

On the opposition to Clause 69, the purpose of the clause is to amend Section 234 of the Trade Union and Labour Relations (Consolidation) Act 1992 to change the mandate period for industrial action following a successful ballot from six months to 12 months without the possibility of extension, which we have already discussed in Amendment 246. Among other things, the clause brings the appeals process back in line with the position before the Trade Union Act 2016 and many other enforcement bodies of employment law. For example, appeals against the decision of employment tribunals are considered only on points of law, not points of fact.

Amendment 249, tabled by my noble friend Lord Hendy, would require unions to publish results of industrial action ballots on a publicly accessible website, removing the current obligation to notify individual members and employers directly. The Government recognise that the current arrangements can impose a communications burden on trade unions, especially where first-class post is used to provide the notification to members and employers. However, removing the requirement to send direct notification risks reducing the accessibility and certainty of this information to those entitled to receive it. In our view, it undermines transparency and thus confidence in trade unions and the balloting process. Relying solely on a website assumes that members and employers will proactively seek out information, which could lead to disputes over whether that proper notification has occurred. Direct notification ensures clarity and transparency.

To address concerns about the administrative burden associated with these communication standards, the Government intend to update the Code of Practice: Industrial Action Ballots and Notice to Employers to encourage the use of email in place of posts where practicable. This approach preserves the principle of direct communication while reflecting modern methods of engagement and reducing administrative costs. For these reasons, I am afraid the Government do not support this amendment.

Amendment 251, again tabled by my noble friend Lord Hendy, seeks to simplify requirements on trade unions when issuing notices. While the Government understand the desire to streamline procedures, these notice provisions serve a vital purpose in ensuring that employers have the necessary information to plan for and respond to industrial action. The Government are already reducing the minimum notice period for industrial action from 14 days to 10 days, and removing the specific requirements that unions must provide in notice for industrial action, such as to disclose the number of employees in each category. This amendment risks removing too much detail, potentially leaving employers unclear on the nature, scale and timing of the action being proposed. Again, I am afraid, this is why the Government do not support my noble friend’s amendment.

The last amendments in this group are Amendments 251A, tabled by my noble friend Lord Hutton of Furness, and Amendment 251B, tabled by the noble Lord, Lord Sharpe of Epsom. The Government do not support either of these amendments because our general position is not to make sectoral carve-outs from the limitations and conditions which apply to industrial action. This is consistent with our repeal of the 40% support threshold for industrial action and ballots in the repeal of the Strikes (Minimum Service Levels) Act that set further conditions on industrial action in some public services. The same statutory notice period for industrial action across all sectors ensures a simple rule that is clear for all parties involved and that applies in all circumstances. It is then for employers in each sector to manage their industrial relations and their businesses accordingly. However, my noble friend Lord Hutton has some specific concerns around the airline industry and we are happy to meet to understand these concerns further.

The issue of the Clause 71 standing part of the Bill was raised by the noble Baroness, Lady Coffey. Alongside our manifesto commitment to repeal the 2016 Act, the Government are committed to bringing in a new era of partnership that fosters meaningful engagement between government, employers and unions, and this is grounded in co-operation and negotiation. We recognise the importance of striking a balance between allowing for effective strike action while also ensuring that employers are able to reasonably prepare for industrial action when, sadly, it has to occur—I should say when workers have voted for it to occur.

Clause 71 makes targeted changes to Section 234A of the 1992 Act to simplify the process by which trade unions provide that notification. Specifically, we are removing one element from the current requirements: the need to specify the number of affected employees in each job category. Employers will continue to receive essential information, including the overall number of employees affected, the categories they belong to, and the workplaces concerned. This strikes a sensible balance between reducing bureaucracy and enabling employers to plan to mitigate the impacts of industrial action.

Clause 71 also reduces the notice period for industrial action from 14 days to 10 and, consequently, Section 8 of the 2016 Act will be repealed. Moving from a 14-day notice period to a 10-day notice period provides a more flexible, workable approach that reflects modern industrial relations practice.

We acknowledge that some groups argued for a return to the previous seven-day notice period, and that others have called for the current 14-day period to be retained. In our view, 10 days represents a balanced compromise. It is the appropriate balance in allowing employers the ability to plan to mitigate the impact of and reduce the disruption and knock-on impacts of strikes, while respecting the right to strike. It reflects consultation feedback, and allows employers time to prepare, while reducing the burden and uncertainty faced by trade unions. Taken together, these reforms simplify the industrial action framework and reduce unnecessary burdens and legal risk for trade unions.

Finally, Clause 72—

[Baroness Coffey (Con)]

Before the Minister sits down, I particularly focused on the NHS. I was not trying to see it as a sector—I was thinking of the categories and the number by category. I appreciate it is late, so if the Minister wants to write to me, I would be happy to receive that.

[Lord Katz (Lab)]

For the sake of brevity and time and all of us staying awake, I will undertake to write to the noble Baroness.

Finally, Clause 72 seeks to reverse the effect of Section 10 of the 2016 Act, removing the requirement under Section 220A of the Trade Union and Labour Relations (Consolidation) Act 1992 for trade unions to appoint a picket supervisor and to meet other administrative burdens in relation to this supervisor, such as taking reasonable steps to provide their name to the police.

As the period of disruption that I have already referred to between 2022 and 2024 has shown, administrative requirements and bureaucratic hurdles only make it more difficult for trade unions to engage in good-faith negotiations with employers. These changes will bring trade union law into the 21st century and fix the foundations for industrial relations that have not delivered for workers, employers or unions.

However, the Government recognise that regulations regarding picket lines are important. To be clear, the Bill is repealing only those measures introduced by the 2016 Act in relation to the role of a picket supervisor. Other legislation and an amended code of practice on picketing will remain in place. Picketing must take place at a lawful location and must be peaceful, and those on picket lines must not intimidate or harass workers who choose to attend work. We are returning the law on picketing to what it was prior to 2016, when it was working well and was understood by all parties.

In summing up, I hope my justification for these clauses and how they meet the Government’s intentions has been clear to noble Lords, and I ask the noble Lord, Lord Goddard of Stockport, to withdraw Amendment 244.

Employment Rights Bill

Debate between Baroness Coffey and Lord Katz

Committee stage
Thursday 5th June 2025 Lords Chamber

[Baroness Coffey (Con)]

Before the noble Lord moves on from that point, I am fully aware of where the reference to digital is in the Bill now. The point that I was trying to make to the Minister was to justify why, when the Bill was originally presented to the House of Commons—perhaps I should have been more specific—it was not mentioned at all. I believe it was not inserted in Committee, so it must have come somewhere on Report, but I cannot find any justification made by the Government for why they have added this digital communication when they had not put it in at either the introduction of the Bill or in Committee in the other place, when it has the most scrutiny at that end. I had hoped the civil servants might have sent him a note.

[Lord Katz (Lab)]

I assume my civil servants understand that I probably know the answer to that question—they might be right, or they may be wrong. To cast my mind to the inner workings of Committee in the other place, the reference in the Bill, as I understand it, is to communication with workers rather than explicitly to digital communication. I sometimes feel that I cannot speak for the way we examine Bills in Committee in this place, let alone in the other place.

We now have the opportunity to discuss, as we are doing, the fact that in the modern day, in 2025, the idea that access to a workforce would not include digital channels is, frankly, fanciful. Were we seriously to say, not to trade unions but to employees—to workers—that the only way that they could receive a message from a trade union or from an employee representative or, to turn it on its head, from an employer was on a piece of paper or in a one-to-one verbal communication, then I think we would all regard that as fanciful. There is a little bit of sophistry—

[Lord Katz (Lab)]

I am happy to write to the noble Lord with more detail, but this is one of things that will be set out in regulation following extensive consultation. I go back to the original point of principle that I made about levels of granularity in setting out specific channels: if we specify channels A, B and C, as soon as the Bill is published we risk finding that employers are actually using channels E, F and G, because that is the pace of technology as it develops, so we have to retain flexibility.

[Baroness Coffey (Con)]

Will the Minister write to me with a better, candidly, a more comprehensive answer than he has given so far in response to my questions? I would be very grateful.

[Lord Katz (Lab)]

I am very happy to write. I resist the idea that I am not being candid here. The noble Baroness may not like what I am saying, but the point stands. I am of course very happy to write to her and to the noble Lord, Lord Leigh of Hurley, with more detail.

In conclusion, we expect that, in many cases, employers and trade unions will be able to agree the terms on which access takes place, including for digital access. In the event that there is no agreement, the CAC can impose terms, including terms dealing with digital access. I repeat: the precise details of how this will work in practice will be set out in secondary legislation following further consultation. I therefore ask that Amendment 208A be withdrawn and that noble Lords do not press their other amendments.