Baroness Stowell of Beeston
Main Page: Baroness Stowell of Beeston (Conservative - Life peer)Department Debates - View all Baroness Stowell of Beeston's debates with the Home Office
(2 months, 3 weeks ago)
Lords ChamberMy Lords, I will focus on disorder in public places and spaces, which is having such a detrimental effect on our lives. In doing so, I will concentrate on Clauses 37 and 38, which create a new stand-alone offence of assault against a retail worker and build on the aggravated offence contained in the Police, Crime, Sentencing and Courts Act 2022. I support the two new measures in the Bill: I want to see violence against someone doing their job dealt with seriously. No one should be subject to random attacks while at work, and I should declare that, as a vice-chair of the All-Party Group on Customer Service, I do not want people who care deeply about giving great customer service to leave their jobs, or to deter anyone from taking up this kind of employment, which is essential and valuable to us in so many ways. I will say more about how in a moment.
First, however, the Institute of Customer Service tracking survey shows that violent abuse against all front-line service workers continues to rise. That means public transport workers, those who work in the hospitality trade, people who work in post offices and banks, delivery drivers and even utility engineers working on the streets. That is why the aggravated offence in the 2022 Act covers anyone, not just retail staff, providing a public-facing service or doing a public-facing job. I ask the Minister to say, when he comes to wind up, why the Bill’s stronger measures cover retail workers only.
All the people who do these public-facing jobs matter, not just because we need the services they provide but because, more often than not, they are the responsible person in charge of public spaces and places, so they need not just protection but our support to uphold our common standards, which are so important to maintaining good order and a civil society. That means that we must show respect for the authority of their roles in public settings, whether their authority in such situations is formal or informal. We need to give the people who do these jobs the recognition they deserve so they discharge their responsibilities well.
If we are to prevent violent criminal behaviour in public spaces becoming normalised, we must work together to tackle the low-level disorder and disrespect that we see on our streets, on public transport, in shops and elsewhere, which cause us to feel so despondent: litter dropping; feet on seats; watching videos or listening to music on our phones without headphones; queue-jumping; fare dodging; graffiti. Police presence on our streets is important. Rapid response from the police to actual crimes is vital, but we cannot keep creating new criminal offences and expect the police to deal with everything that has gone wrong in society. We as leaders, whether political, religious, business, public service or union, must use our authority to set, promote and honour the standards we know are vital for a healthy society, yet too often now treat as unimportant.
I would support expanding Clauses 37 and 38 to more than just retail workers for the reasons I have given, but I ask all the businesses, unions and trade bodies, which understandably want more legal protection for their workers, to think about what I have said. Likewise, we as legislators must do more than the easy bit of making new laws, as my noble and learned friend Lord Garnier said. Tackling crime and disorder through better policing and stronger sentencing is important, but on its own it is not enough. We need to share and promote what the good citizens of this country want and expect from each other in our shared spaces. That is how we will create the right conditions for people to support each other and together make it harder for people to behave badly and do wrong.
I am grateful to the almost 70 speakers in today’s debate. I start by declaring an interest on my own behalf. I am a member of the Union of Shop, Distributive and Allied Workers, and have been for 46 years. That will obviously have an impact on my view of the measures on shop theft and assaults on shop workers.
I am pleased tonight to have the broad support of HM Opposition and, indeed, the broad support of the Liberal Democrat Benches—with some caveats from both. I look forward to the noble and learned Lord’s amendments in Committee. I cannot give him a response tonight on those details, but we will have plenty of time to discuss that. In saying that, I note that the noble Lord, Lord Russell of Liverpool, the noble Baronesses, Lady Browning and Lady Fox of Buckley, and others mentioned the length of time for debate and the size of the Bill. Indeed, so did my noble friend Lord Hacking. We will have time for that, and it will be discussed through the usual channels. I look forward to a full and frank debate on this matter in due course.
The Bill deals with a number of key issues, and Members have talked about a theme in it. There are several themes in this Bill: making our communities safe, strengthening child sexual abuse prevention, tackling anti-social behaviour and knife crime and, dare I say it, supporting free speech—while at the same time ensuring that we have some measures on protests. The noble and learned Lord, Lord Garnier, the noble Lords, Lord Frost and Lord Vaizey, and indeed my noble friend Lord Hacking said that there is a mixture in this Bill, that it does not have a theme and that it is very large. It is a government programme, much of it based on a manifesto commitment. As my noble friend Lady Levitt mentioned in her excellent maiden speech from this Front Bench on a Second Reading debate, it is a manifesto commitment from the Government to do most of the things in this Bill, and therefore we are going to do most of the things in it, with the support of this House and the House of Commons.
A lot of issues in the debate have been about legislative proposals, certainly, but we have touched on neighbourhood policing, courts, speeding, police presence, speeding up justice, police numbers, et cetera. My noble friend Lord Mackenzie of Framwellgate mentioned that. The noble Viscount, Lord Goschen, and the noble Lord, Lord Sandhurst, talked about delivery, which is extremely important. Those things are not in the Bill, but they are extremely important matters that are before us today.
I shall concentrate, if I may, on what is actually in the Bill and the points that have been debated by noble Lords today. Let me start with respect orders and youth diversion orders, which were raised by the noble Earl, Lord Lytton, the noble Lords, Lord Davies of Gower and Lord Anderson of Ipswich, and the noble Baroness, Lady Kidron. Respect orders are a substantial new power that gives police and authorities effective levers to deal with anti-social behaviour. I know that the noble Baroness, Lady Fox of Buckley, made some criticism of them and I know that the noble Lord, Lord Marks, challenges them as well. We believe them to be an effective tool, and we will have a chance to debate that in due course in Committee.
Youth diversion orders are an important measure. I say to the noble Lord, Lord Anderson of Ipswich, that we will come back to them, but they are designed to help prevent terrorism and prevent people drifting into terrorism.
The noble Baronesses, Lady Doocey, Lady Stowell, Lady Hazarika and Lady Neville-Rolfe, and the noble Lords, Lord Herbert, Lord Sandhurst and Lord Davies of Gower, all raised the issue of shop theft. Shop theft is extremely important, and something we should not tolerate. That is why we are removing the £200 threshold, are putting a focus on it with policing and have encouraged police forces to tackle it. The measures that we are removing will send a signal. It is still for judicial discretion, but it will send a very strong signal—as will, on the issue of mobile phone theft, giving tracking powers for officers to be able to visit a premise straightaway. I look forward to debating them, but it is important to take action.
The issue closest to my heart in this Bill is that of retail workers and attacks on retail workers. The noble Baronesses, Lady Stowell, Lady Doocey, Lady Thornton, Lady Browning and Lady Fox, and my noble friend Lord Hannett of Everton contributed to this debate. This is a long-standing campaign, which is why I declare my membership of USDAW. When in the House of Commons I moved amendments on this issue over many years, and I appreciate very much the support of my noble friend Lord Hannett of Everton and the members of USDAW, along with the businesses—the Co-op, Tesco, Sainsbury’s and others—that have raised this issue. The new offence will put in place an obligation to ensure that those who uphold the law—which is what colleagues do in shops on solvent abuse, cigarette sales and alcohol—are also protected by the law. I hope that will have good support.
Before the Minister moves on, will he respond to my question? Why have the Government decided to legislate only for that group of workers?
The argument I will put to the noble Baroness now is that shop workers are upholding the law on solvent abuse, alcohol, cigarette sales and other things. There will be representations on other areas, and we will examine those representations, but I really want to get this over the line after a long campaign. I hope that the noble Baroness will support those measures, whatever amendments she may bring forward.
There has been considerable debate around civil liberties from the noble Baronesses, Lady Jones of Moulsecoomb, Lady Chakrabarti, Lady Doocey and Lady Miller of Chilthorne Domer, the right reverend Prelate the Bishop of Derby, the noble Lord, Lord Strasburger, my noble friend Lord Cashman and others. We are making some changes, and we will bring some further changes forward, but the principle of this is that we are trying to ensure that we have freedom of speech and the right to protest, but that we also have the right to ensure that protest is managed in an effective way. There are responsibilities in protest as well as the right to protest.
We have looked at the question of the Vagrancy Act; the noble Lord, Lord Davies of Gower, mentioned that in particular. The Government have been clear that no one should be criminalised, which is why we are repealing the outdated 1824 Act. We are committed to a repeal of the Vagrancy Act once a replacement can be determined. I hope that clarifies that for him.
The noble Lord, Lord Hogan-Howe, among many other issues that I will come back to in a moment, raised the issue of policing and suicide. We are working closely with the National Police Wellbeing Service to examine that.
There has been a major debate from noble Lords and noble Baronesses on the question of child exploitation, child sexual abuse and the IICSA implementation. The noble Baronesses, Lady Grey-Thompson, Lady Hamwee, Lady Royall, Lady Benjamin, Lady Kidron, Lady Cash and Lady Finlay of Llandaff, the right reverend Prelate the Bishop of Derby, the noble Lords, Lord Hampton and Lord Faulks, the noble Earl, Lord Lytton, and others all raised and discussed that issue. We are going to have a big debate on this. We are trying to meet the IICSA recommendations. The Private Member’s Bill from the noble Baroness, Lady Grey-Thompson, stretches us a bit further. We will have a discussion around that. I hope that this Bill, at the end of its process in this House, will have achieved an improvement in child protection services as a whole.
We have also had a discussion around the big issue of abortion, raised by many Members: the noble Baronesses, Lady Spielman, Lady O’Loan, Lady Coffey, Lady Mattinson, Lady Hazarika, Lady Thornton, Lady Lawlor and Lady Monckton, the noble Lords, Lord Elliott of Mickle Fell, Lord Jackson, Lord Frost, Lord Farmer and Lord Hampton, and the noble Viscount, Lord Hailsham. There are different pressures on that: some want that provision taken out and some want it maintained. The Government will remain neutral on this matter and facilitate whatever Parliament agrees and settles on in the end. We will look at those issues, and the Government will have a free vote on that matter as a whole.
The issue of police misconduct and police vetting was raised very strongly by my noble friend Lady Lawrence, the noble Lord, Lord Mackenzie, and others, particularly in the light of the “Panorama” investigation we touched on in Question Time today. There are a number of measures in the Bill to support strengthening police vetting, and I very much welcome those and hope they will be looked at positively in the future.
Knife crime was mentioned by the noble Lords, Lord Hampton, Lord Clement-Jones and Lord Birt, and my noble friend Lady Lawrence. Again, the measures in the Bill are designed to regulate the supply of knives by people who wish to use those knives in a way that is not conducive to good behaviour and that causes death, misery and injury. We have to take those actions, and I think it is important that we do so.
There has been a lot of discussion around the issue of hate crime. First of all, I want to touch on the issue raised by my noble friends Lady Donaghy and Lord Cashman and the noble Baronesses, Lady Thornton and Lady Hunt of Bethnal Green: the aggravated offence. It was a Labour manifesto commitment at the general election. We are carefully considering now how best to amend the law to ensure the protected characteristics have that fairness. We will set out our conclusions later, during the passage of the Bill, but that commitment has been given and we will examine that in due course.
That leads me on to the question, a live issue for noble Lords, of non-crime hate incidents. The noble Lord, Lord Herbert, indicated very strongly what has happened in relation to the National Police Chiefs’ Council, and I am grateful to him for his support in giving the review on this matter. We have recently had discussions from the noble Lord, Lord Frost, and others in the House, including the noble Lord, Lord Young, about this matter, and we are going to have a debate about it, but I am hoping that the review that the noble Lord, Lord Herbert, has instigated will help colour whatever amendments are brought forward. The noble Lord, Lord Moynihan, mentioned it as well. It is important that we have that debate and discussion, but I want it to be influenced by the review from the National Police Chiefs’ Council, if noble Lords think that is appropriate.
A number of noble Lords mentioned the pornography review, and I am grateful to the noble Baroness, Lady Bertin, in particular for the work she has done on that. The noble Baronesses, Lady Owen of Alderley Edge, Lady Shawcross-Wolfson, Lady Kidron and Lady Sugg, the noble Lord, Lord Vaizey, and my noble friend Lady Donaghy all made contributions today on the pornography review. We are committed to taking any necessary action following consideration of the noble Baroness’s recommendations. We have committed to criminalising pornography that depicts acts of strangulation and suffocation in this Bill, and we will bring forward an amendment to that effect. Where we can, in relation to the recommendations of the noble Baroness’s report, we will take early action to undertake that as a whole.
The noble Baroness, Lady Sugg, mentioned honour-based abuse, and I am grateful to her—I was looking for her, and she was there when we started but has now moved over there. She called for a statutory definition of so-called honour-based abuse, supported by the noble Baroness, Lady Cash. We will work closely with the honour-based abuse sector to develop that statutory definition. We have given that commitment. I agree that it is vital that all professionals with safeguarding responsibilities have the right framework to identify victims and perpetrators, and I will be looking at that during the passage of this Bill.
The noble Baroness, Lady Owen of Alderley Edge, mentioned spiking. It is an important measure and, again, I will reflect on the points she made in this discussion.
I was pleased by the welcome from the noble Lord, Lord McColl of Dulwich, for the measures on cuckolding—
Baroness Stowell of Beeston
Main Page: Baroness Stowell of Beeston (Conservative - Life peer)Department Debates - View all Baroness Stowell of Beeston's debates with the Home Office
(1 month, 3 weeks ago)
Lords Chamber
Lord Hannett of Everton (Lab)
We can have a conversation about that at some stage. I thank the noble Lord.
My Lords, if I may, I will come back to the topic of this group. I too have an amendment in this group, Amendment 351. I am pleased to follow the noble Lord, Lord Hannett, and indeed my noble friends. I endorse a lot of what they have said and argued.
As I said at Second Reading, I have huge sympathy for those in public-facing jobs who have been subject to abuse and violent threats at work. Aside from such threats being unacceptable, I, like the noble Lord, Lord Hannett, understand the fear that they generate. Anyone at work on the receiving end of such a threat should at least be confident that the police will respond swiftly when they are in danger, or when an actual crime starts to be committed.
My instincts have always been to support Clauses 37 and 38, as I said at Second Reading. However, I find myself somewhat conflicted. Several noble Lords argued at Second Reading that existing provisions on assault are an adequate protection in law and that a special law for assault against retail workers was not needed. I thought these arguments were somewhat convincing. Having said that, to be absolutely clear, I have no desire to remove Clauses 37 or 38 from the Bill. I will continue before everybody thinks that I am going to do something radical, which will cause all sorts of upset.
The amendments tabled by my noble friends Lady Neville-Rolfe and Lord Blencathra to extend the protection to delivery drivers and some hospitality workers in some establishments highlight that, having started down the path of singling out just the retail sector, it is difficult to draw a clear boundary line. The noble Lord, Lord Hannett, has already said that he now wants to push it yet further.
As we know, the aggravated crime of assault against public-facing workers, which we added to the crime and courts Bill, included all industries and sectors. That was not focused only on the retail industry. I worry that the aggravated offence of assault, which covers everybody in public-facing work, together with this new offence of assault on retail workers, will create a somewhat confusing picture for people who are employed in public-facing roles but are not in the retail sector. I think here of people working in public transport, or in banks or post offices; there are all sorts of different categories.
This potentially confusing picture brings me back to my underlying concerns. First, we cannot afford to lose good people who are doing a good job, whether that is in shops, on public transport, or in banks or post offices, as I said. We think of the recent horrific incident on LNER the other Saturday and the railway worker who was heroic in intervening. We are very conscious now that a lot of people are in places of work where they are subject to real threats and abuse.
So I ask the Minister: what work have he and the department done to satisfy himself that any perception of two-tier protection for people in different public-facing roles will not have a detrimental effect on employees who may fear they are no longer as covered as some other people in other public-facing roles? If there has been any work on that, that would be helpful to know and understand.
Secondly, and in my view just as importantly, if not more so, noble Lords who were in the Chamber at Second Reading may have heard me argue then that one of the things that I feel are needed is for workers who are in charge of public spaces or places, whether they be commercial or public sector spaces, to be encouraged to be more active in upholding common standards of conduct that we should all have a right to expect of each other in public, the breakdown of which is adding to people’s despair. The sorts of things I am talking about here are litter dropping, feet on seats, watching videos or listening to music on phones without headphones, and queue jumping. That is the kind of activity that comes before we get to actual offences that sometimes are happening now, such as fare dodging, smoking or drinking alcohol on public transport where they are not meant to be, or even defecating in public. We need workers to have delegated authority, from their employer or their union, and from all of us in leadership positions, and have confidence that, along with them, we will do the same in upholding these important standards in public places. We need a collective effort to tackle what I see as a broken windows type of activity. If we keep allowing this kind of activity to be ignored, we are allowing the risk of escalated bad behaviour to continue, which could then lead to actual serious crimes.
While the various trade bodies are coming at this from their perspectives with a desire to protect their staff, and rightly so, we need to look at this through a much wider lens and see the bigger picture. As a consequence of that, it might be that the price we need to pay is expanding what some believe is an unnecessary new crime in the Bill, to include other workers and to match the terms of the aggravated offence in the Crime and Courts Bill.
As I say, this was a probing amendment—this is not me trying to introduce a new law—but I would like it if the Minister agreed to meet me, perhaps with my noble friend Lord Davies, to talk about this some more. I genuinely think there are potential unintended consequences to this that we need at least to be alive to. We should consider what more is needed to ensure that everyone who is in a public-facing role feels sufficiently protected, but also, if we are to tackle the behaviour that is leading some to feel that they can do things with impunity, and that then gives them the courage and confidence to go on to commit more serious offences, we need to be thinking about this in a very different and more innovative way.
My Lords, I have a lot of sympathy with many of the points made. First, we welcome the new protections introduced by Clauses 37 and 38. As legislators, we cannot stand by while so many people turn up to work every day expecting to face potentially terrifying abuse, threats and physical violence. This was brought home to me recently when a friend of mine went into our local Boots the chemist earlier this week in order to buy some headache tablets, only to find that practically every shelf in the shop was completely empty. When she spoke to the staff, they said, “Oh, it happens on a daily basis”, and they are so terrified that they just stand by and do nothing, because they are petrified that if they do anything or say anything they could be knifed. That is not in an area that is known for, to use the noble Baroness’s expression, “baddies”. It is in an area of London that is very safe. So that is really worrying.
I am very grateful to the noble Baronesses, Lady Neville-Rolfe and Lady Stowell, and the noble Lord, Lord Blencathra, for their amendments. I should note—if not declare an interest—that I have been a member of the Union of Shop, Distributive and Allied Workers for 46 years now. That is a long time. I think it is worth noting that I have an interest in this matter. Indeed, I spent many years trying to raise this very issue when a Member of Parliament and outside Parliament before coming to this House.
I should also say at the outset that I am meeting the noble Baroness, Lady Neville-Rolfe, to discuss this matter, and am very happy to meet the noble Baroness, Lady Stowell, as well. I had a request from my noble friend Lord Hannett of Everton to meet him and the USDAW general secretary, Joanne Thomas. I am also happy to do that between now and Report; it may not be immediately.
I would be very happy to join a group meeting rather than the Minister having to have several meetings with each of us. If there were to be third parties involved in a meeting, such as USDAW, I wonder whether he would also consider including the Institute of Customer Service. It is in a unique position—and I declare an interest as a vice-chair of the All-Party Group on Customer Service—as it looks at this across the board, and the letter it organised included signatories from a range of different industries.
We will reflect on that. It is a helpful suggestion, if colleagues are happy to have a joint meeting. I would also like to involve the Policing Minister, who has an interest in this matter as a whole.
I want to place on record my thanks to the noble Baroness, Lady Neville-Rolfe, and my noble friend Lord Hannett of Everton. They have campaigned very strongly as representatives of the supermarkets, in this case Tesco, and the workforce. My noble friend has campaigned for many years on this issue. Freedom from Fear is a campaign that Paddy Lillis, the previous general secretary, Joanne Thomas, the current general secretary, and my noble friend Lord Hannett of Everton, the general secretary before Paddy Lillis, worked on for a long time. It has been brought to them by members of the union as an important issue. It is worth putting that on record, and we can examine how we organise the discussion and consultation in due course.
Assault on anyone, including delivery drivers and transport staff, is wholly unacceptable. Everyone should be protected from assault. Under the Criminal Justice Act 1988, common assault has a maximum sentence of six months in prison and the Offences Against the Person Act 1861 covers serious violence, grievous bodily harm and actual bodily harm.
I come back to the reason why I have campaigned on this issue for many years. Retail workers have been at the forefront of upholding much of the legislation. They uphold legislation on solvent abuse sales, tobacco sales, knife sales, drink sales and a range of other issues. They are also very much the first port of call on shop theft and the issues that the noble Baroness mentioned. USDAW figures show that 10% of staff have reported a physical attack on them in the last year alone; that seems to me to be a very strong reason why the Government have brought forward this amendment. There is a wealth of evidence to back the position that there is a significant problem specific to retail workers because of the nature of that work.
Clauses 37 and 38 provide for the bespoke offence of assaulting a retail worker. They also place a duty on the courts when sentencing an offender to make a criminal behaviour order; shop theft may often be linked to drug and alcohol abuse issues as a whole. Our definition of a retail worker is intentionally narrow, given the vital need to provide legal clarity and ensure there is no ambiguity for courts in identifying whether an individual is a retail worker when impacted by their job.
The noble Lord, Lord Blencathra, mentioned the hospitality sector. This sector is specifically excluded, but if he looks at the definition of retail premises in Clause 37(3), he can see that it would be open to a judge to determine what might be included. For example, cafes might have stalls inside the shop, so that could be potentially defined as a retail premise as well. There is no specific offence, and I would not wish to extend it to the hospitality sector, but a judge could potentially interpret some aspects of hospitality being within the retail sector under Clause 37(3).
Baroness Stowell of Beeston
Main Page: Baroness Stowell of Beeston (Conservative - Life peer)Department Debates - View all Baroness Stowell of Beeston's debates with the Home Office
(4 weeks ago)
Lords ChamberThe Sexual Offences Act 2003 ensures that convicted sex offenders are already subject to post-conviction controls. They are managed according to their risk, and the sex offenders register is about looking at the position with regard to the individual having the risk on the basis of their actions. It would not be possible to stop someone applying for a gender recognition certificate. Ultimately, they would be placed on the sex offenders register based on their risk, not on their gender. With that, I hope that the noble Lords will not press the amendments.
My Lords, may I also ask a question for clarification? It is not really about GRC but about the point that the noble Baroness, Lady Fox, made about name change. I know that the Minister covered that in his comments, but I am still left a little confused. Can a person who is a convicted sex offender and on the sex offenders register change their name by deed poll and have their new name omitted, therefore, from the sex offenders register? Surely, as soon as a sex offender changes their name, if they are changing their name from a male name to a female name, that needs to be updated on the sex offenders register.
My understanding of the position is that the individual is on the sex offenders register, regardless of the name that they are currently providing. The risk is around the individual. If a registered sex offender seeks to change their name, the provisions in the Bill will apply, as proposed in the Bill here today.
Lord Shinkwin (Con)
My Lords, I apologise to the Committee for not being in my seat when my noble friend Lord Blencathra began his remarks on Amendment 330. I am very grateful to the Government Whip for taking into account the rather pathetic speed with which I can get from the Library to the Chamber. I thank him for that.
At 429 pages in length, with 16 parts, 21 schedules and 159 pages of amendments, this Bill is truly a legislative Christmas tree. I am worried it is about to topple on the Minister, which would not be very festive. I will therefore keep my remarks disproportionately brief and save the bulk of them for my related amendment, Amendment 346C, which is due to be considered later in group 9.
However, I thank those noble Lords who tabled these important amendments on dangerous, careless and inconsiderate cycling. In my view, they are pure common sense. I would say that we are reinventing the wheel in ensuring public safety on our roads and pavements, but I am not sure we have progressed that far, such is the scale of the anarchy that currently plagues our streets. We have, as we have heard, so much to do to reverse it.
The worst thing is that the situation we find ourselves in is entirely self-inflicted, predictable and even logical. Our response needs to be equally as logical. That is why I support these amendments; they point a practical way forward in the struggle—and there is no denying this is a struggle—against the very real threat posed by dangerous, careless or inconsiderate cycling, especially to anyone with a mobility, visual or hearing impairment.
In conclusion, I welcome these amendments, and I look forward to the Minister’s reply.
My Lords, most of what I wanted to cover has already been spoken to, so I have very little to add. I did, however, want to pick up on a couple of points the noble Lord, Lord Russell, covered. For me, this is about disorder. There is a sense of unfairness for a lot of people that if you are a driver, you are subject to a huge number of restrictions—especially in London, with tighter-than-ever speed limits—and yet cyclists ride along in a way that seems to be flouting the laws of the road.
I will also pick up on something my noble friends Lady Neville-Rolfe and Lady McIntosh covered about the length of the trials that go on for e-scooters. I believe the same can be said for the seemingly never-ending approach to the consultation on pedicabs. We legislated for pedicabs to be subject to regulations 18 months ago, and it took us years to do that. TfL has done one consultation, has just completed another and it will be 2026 before regulations for pedicabs are in place. The length of time it takes for us to actually do anything which is seemingly common sense adds to people’s sense of frustration and disappointment that things that should not be happening are allowed to happen just because there is no simple enforcement.
The other thing I want to add is about delivery bikes. Often, they are the worst perpetrators of cycling on pavements, going through red lights and cycling at speed. We know they are doing this because there is a commercial imperative for them to act in that way.
Rather curiously, I was approached recently by one of the big digital delivery service businesses. It is concerned that the new provisions for additional protection against assault for retail workers do not apply to its delivery drivers. I am not advocating for what it is asking for, but, as I said to this particular company in reply to its email to me, my question to the company is: what is it doing as a business to make sure that its delivery drivers actually obey the law and do not drive in an anti-social way, on pavements, and so on?
Baroness Stowell of Beeston
Main Page: Baroness Stowell of Beeston (Conservative - Life peer)Department Debates - View all Baroness Stowell of Beeston's debates with the Home Office
(5 days, 11 hours ago)
Lords ChamberMy Lords, I am grateful for this short debate. I would like to widen it a little beyond railways. I am blessed in living in Greater Manchester at the heart of a major Metrolink tram network, which has many similarities to the railways. There are often very few staff late at night, particularly on the trams, and women and girls are especially vulnerable on those occasions. This Bill, if it is not just about the rail network, may be the better Bill to cover these issues and ensure that women and girls are safe and protected from violence on our whole public transport network.
My Lords, it is Amendment 356F from the noble Lord, Lord Hendy, that attracts me to the Chamber, although I do not necessarily share his arguments or reasoning. The main purpose of my speaking, the Minister will not be surprised to hear, is that it affords an opportunity for me to highlight again that the Government’s decision to introduce in Clause 37 a new offence of assault against a retail worker—and only a retail worker—risks creating a new problem.
As I have said before, I know that the Government’s intentions are good and I have no desire to mount a campaign against Clause 37, but the fact that a new offence of assault against a retailer is otiose does not mean that it will have no negative effects if it causes other public-facing workers to believe they are not protected if assaulted. As I have argued before, the workers referred to by the noble Lord, Lord Hendy, clearly will be protected without his amendment—because they will be—but I worry about people fearing that they will not be, deterring employees from exercising the delegated authority that we need them to exercise to uphold good order when in charge of a public place or space.
It is because of this that I urge the Minister—he and I will continue to have this discussion, which he knows I look forward to very much—to think again. I find it hard to understand how the Government can legislate for some and not others in this way. While it is not where I would start, we have to be very conscious of the unintended consequences of Clause 37, which the noble Lord, Lord Hendy, has highlighted today.
My Lords, I speak to Amendment 399 in the names of my noble friend Lady Pidgeon, who cannot attend today, and my noble friend Lady Doocey. This amendment would enable CCTV systems on the railways to be quickly available to the police and continuously for 30 days, alongside defining the technical standards to support this access. It is about ensuring that investigations on the railways can be carried out efficiently.
The amendment was first tabled by our colleague Daisy Cooper following a spate of bike thefts at St Albans station. In trying to resolve this issue, the correspondence from the British Transport Police was quite revealing. The CCTV system at St Albans station is operated by Govia Thameslink Railway—GTR—as part of a commercial franchise agreement. GTR manages CCTV across 238 stations, with over 6,000 cameras. Although British Transport Police and other forces have established information-sharing agreements with GTR and similar operators, these agreements are designed to govern data management, including storage and access protocols. They do not constitute contracts with commitments to supply CCTV footage within specific timeframes or of specific volumes.
Currently, there are no provisions for rail franchise agreements that mandate specific service levels for supplying CCTV footage—it is not established in law yet. While this may change over coming years, as the franchises may be nationalised, this remains an issue. Unlike council-owned CCTV systems, which often feature integrated platforms allowing direct access, many rail CCTV systems are standalone, not remotely connected. Retrieval often requires physical visits to stations, which can delay access, and sometimes operators impose limits on the duration and length of footage they can supply.
While I acknowledge that these are challenges resulting from the current franchise arrangements, which will gradually be resolved, other constraints are rooted in the operational systems. I am aware that in September, the Government announced that they will be providing funding of almost £70 million so that Network Rail can make some improvements to CCTV. Although this is welcome, Amendment 399 would ensure that a legal obligation exists, and I hope the Minister will look carefully at the issues we are raising today.
Amendment 356A from the noble Baroness, Lady Morgan, would put a duty on British Transport Police to take steps to prevent violence against women and girls on trains. This is a national emergency: one in four women have experienced domestic abuse, and a woman is killed by a man once every three days. Given that fewer than one in six victims of rape or attempted rape report their assault to the police—the reasons cited including that the police would not believe them or could not help them, or that they would not be understood—and given that only 2.6% of rape offences result in a charge or summons, it is crucial we do everything we can to assist in this process.
We fully support specialised teams tackling violence against women and girls in every police station, including British Transport Police stations, and we welcome the Government’s overall work in this important area.
The amendment also raises the issue of rolling stock design. As the railway comes under public ownership, there is a real opportunity for the Government to lead on the right design of the interior of their new fleets of trains; procedures to cut out crime and ensure safety and accessibility for everybody should be the heart of that design. However, it should be noted that the rolling stock would not be publicly owned; rather, it would continue to be leased, as now. That issue may need to be looked at again.
Amendment 356F from the noble Lord, Lord Hendy, would create the offence of assaulting a public transport worker, which is similar to the offences of assaulting retail workers and emergency workers. We are sympathetic to this amendment but as the noble Lord himself indicated, the wording may need refining. However, the principle behind it is clear, and it is obvious that protection is needed.
This is an important group of amendments that addresses the safety of our railway networks, systems and travelling public. I look forward to the Minister’s response to the many serious points that have been raised.
I am grateful to the noble Baroness, Lady Morgan of Cotes, for Amendment 356A, and I am glad we have reached it today. We hoped to reach it prior to Christmas, but time did not permit. I know that she has championed this issue in the House before, and I welcome her contribution pressing the Government today. I also welcome the slight widening of the debate by the right reverend Prelate the Bishop of Manchester to look at metro services.
I note the comments of the noble Baroness, Lady McIntosh of Pickering, and the terrible case of Claudia Lawrence. She has written to me separately on that. I have already instigated with my colleagues in the Home Office a response to the issues that she has raised. I hope she will forgive me if I concentrate on other matters today, but that is not off my agenda.
I know the whole Committee will support the fact that the Government have taken action on violence against women and girls, which is intolerable anywhere, including on the railway. The noble Baroness referenced the Government’s strategy on halving violence against women and girls, which was published in the House of Commons on the last day before Christmas. The Statement repeat has not happened in this House because the Opposition did not want it. That is fine—I understand that—but the commitment from the Government is very clear, and the recently published strategy to halve violence against women and girls is vital.
I also take the points on behaviour made by the noble Lord, Lord Blencathra, which is an encouraging comment as part of that because the points he made are valid, and I accept them. The British Transport Police is essential in helping us to deliver that objective of halving violence against women and girls, alongside police counterparts in Home Office forces. It may be helpful to the Committee to say that the British Transport Police, as the police force for the railway, is already required to prevent crime, and that includes the offences set out in the amendment. The British Transport Police undertakes activities across the railway to encourage victims and bystanders to report offences, and indeed poor behaviour, and will relentlessly pursue offenders. In BTP Policing Plan 2025-27, it has given specific commitments to prevent violence against women and girls through:
“Effective and sensitive investigation and robust offender management”,
and:
“Targeted activity to identify and apprehend those intent on offending”.
If it helps the noble Baroness, Lady Morgan of Cotes, I am very happy to provide, through my colleagues in the Department for Transport, a further meeting for her to look at that work and understand it at first hand.
The noble Baroness also mentioned rolling stock companies and the manufacture and leasing of trains to train operating companies. The design of trains is defined not by the rolling stock company but by the train operating company. Therefore, the proposal that the British Transport Police shares data on violence against women and girls with rolling stock companies would not lead to improvements in the design of train carriages, but I take her point. The British Transport Police already shares crime data with train operating companies, which can feed into the British Transport Police policing plans.
The noble Baroness will also, I hope, be aware that the Rail Safety and Standards Board already publishes key train requirement guidance that is used by train operating companies when ordering new trains. This helps detail the features that are to be included in the specification. The content of the document is prepared by a group of rolling stock experts representing train operating companies, manufacturers, leasing companies, industry bodies and the Department for Transport. Following input from security experts in the Department for Transport and BTP, new content has recently been prepared that includes additional measures to do exactly what the noble Baroness wishes, to enhance personal security, including those that seek to reduce violence against women and girls. The content has been included in a draft of the document that will be submitted for consultation with the rail industry. The intention— I hope this is helpful for the noble Baroness—is that it will be published in spring 2026. While it is not the legislative back-up that she is seeking in the amendment, I hope it meets the objective of the very valid points she has made today.
The noble Lord, Lord Davies of Gower, mentioned sentencing. We had a full debate yesterday on the Sentencing Bill and the House made its decisions on it. There is a difference between us on that, but I want to see offenders brought to justice and people caught. That is an important part of our proposals regarding the prevention measures and the performance of the British Transport Police on these issues.
Amendment 356F in the name of my noble friend Lord Hendy includes the introduction of a stand-alone offence of assaulting a public transport worker. Before I refer to what he has said, I will address the noble Baroness, Lady Stowell. First, I confirm that we are having a meeting. It is in the plan; it will be sorted and is coming down the line very quickly. She referred to Clause 37 and the stand-alone offence on retail workers. We have taken the view that there should be a stand-alone offence because retail workers are upholding the law for the state on sales of alcohol, drugs, knives, cigarettes and a range of other matters. But I agree with her that it is essential that transport workers feel safe going about their job. There is no place for abuse and assault of any worker, and I know we will all agree with that.
The attack in Huntingdon in early November shocked and horrified us all. Tributes were paid at the time to the railway staff who stood in the way of alleged attackers and did their duty, and those matters will come to court in due course. But I must stress the important point—this goes to the heart of what my noble friend said—that if a public transport worker suffers violence or abuse at work, it is essential that they report it to the police so it can be investigated. We take that seriously in the police, the transport police and the railway, and elsewhere in the Home Office. As the dedicated police service for the railway, the British Transport Police is able to provide further reassurance to rail staff that it is there to protect them and will arrest offenders quickly.
The key point I want to make to my noble friend is that transport workers are already protected in legislation, as the noble Baroness touched on. The Police, Crime, Sentencing and Courts Act 2022 makes offences against public-facing workers, in which transport workers would be included, an aggravating factor that the courts must consider in sentencing. As I said earlier in Committee, everybody is protected from assault. It is criminalised under the Criminal Justice Act 1988 and that long-standing piece of legislation, the Offences against the Person Act 1861. The key point in this case is that transport workers are covered by that legislation, whereas—to return to Clause 37—retail workers were not covered in the way that public-facing workers are in relation to police and others. They are still covered by the main offences of the Criminal Justice Act, but the aggravating factor that we are introducing under Clause 37 deals with retail workers specifically. I am happy to discuss Clause 37 with the noble Baroness when we have the opportunity to meet very shortly regarding her concerns about the legislation.
I am grateful to the Minister and I look forward to us discussing that at that time. I am not an expert in the law in this area, but I am genuinely surprised by what he has just said about the current legal provisions and protections for retail workers and the need for that which has been included in the Bill on the grounds that he has argued. If, as a result of this short debate, there is any need for him to clarify that further, that would be really helpful.
We are in danger of the Committee revisiting Clause 37. I have an opportunity to meet the noble Baroness, and we can discuss those issues then. I am saying to my noble friend, in relation to his amendment, that the Police, Crime, Sentencing and Courts Act 2022 makes offences against public-facing workers an aggravating offence. We are strengthening that for retail workers in the context of Clause 37, but we will revisit that when we have our further discussion.
Amendment 399, tabled by the noble Baroness, Lady Pidgeon, but spoken to by the noble Lord, Lord Goddard of Stockport, would introduce a requirement that all CCTV camera images on the railway are made immediately accessible to BTP and to the relevant Home Office police force. I say to the noble Lord and the noble Baroness that I welcome the aims of the amendment, as historically the lack of immediate access to railway CCTV images has been a significant issue for BTP that can reduce its ability to investigate crimes quickly.
However, and this is where we may differ, I do not believe that legislation is necessary to address this issue. The noble Lord rightly said in his contribution that the Department for Transport has secured £17 million in funding to implement a system to provide more remote immediate access to station CCTV to the British Transport Police and the railway industry, and he welcomed that. I can say to him today that the Department for Transport will be funding Network Rail on behalf of the rail industry to deliver the project, which will cover the whole of the railway in England, Scotland and Wales, and prioritise stations where there are most passenger journeys.