Crime and Policing Bill

Debate between Viscount Hailsham and Lord Katz

Committee stage
Wednesday 17th December 2025 Lords Chamber

[Lord Katz (Lab)]

I do not disagree with the proposition that the noble Lord makes. Of course, we are Parliament, but I suggest that we should legislate in a slightly more deliberative way than simply shooting at ducks ad hoc as they come up in the stall.

[Viscount Hailsham (Con)]

On that point, does the noble Lord accept that there is an essential distinction between vicarious liability in civil law, which is to pay compensation for people injured by employers or whoever, and vicarious liability for criminal actions, which is something quite different and very rarely imposed?

[Lord Katz (Lab)]

I am certainly happy to defer to the noble Viscount’s legal experience and expertise. It is worth the Committee noting that distinction and I am grateful to him for making that point.

To that point, the individual must bear responsibility for their actions and face consequences for them, which is fundamentally the purpose of Clause 106. There is no hard evidence to suggest that the working practices of these companies either cause or contribute to serious injuries or fatalities involving cyclists or other road users. That is a relatively rare occurrence. We understand the point that the noble Lord, Lord Hogan-Howe, made on the rareness; obviously, any death is one too many, but it is a relatively rare occurrence compared to, say, collisions involving cars and pedestrians. Where that happens, however, we are determined to ensure the individual is held fully to account.