Crime and Policing Bill

Diana Johnson Excerpts

Report stage
Tuesday 17th June 2025 Commons Chamber

[The Minister for Policing and Crime Prevention (Dame Diana Johnson)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 53—Arranging or facilitating begging for gain.

Government new clause 54—Proving an offence under section 38.

Government new clause 55—Special measures for witnesses.

Government new clause 56—Causing internal concealment of item for criminal purpose.

Government new clause 57—Secretary of State guidance.

Government new clause 58—Department of Justice guidance.

Government new clause 59—Removal of limitation period in child sexual abuse cases.

Government new clause 60—Threatening, abusive or insulting behaviour towards emergency workers.

Government new clause 61—Threatening or abusive behaviour likely to harass, alarm or distress emergency workers.

Government new clause 62—Interpretation of sections (Threatening, abusive or insulting behaviour towards emergency workers) and (Threatening or abusive behaviour likely to harass, alarm or distress emergency workers).

Government new clause 63—Extraction of online information following seizure of electronic devices.

Government new clause 64—Section (Extraction of online information following seizure of electronic devices): supplementary.

Government new clause 65—Section (Extraction of online information following seizure of electronic devices): interpretation.

Government new clause 66—Section (Extraction of online information following seizure of electronic devices): confidential information.

Government new clause 67—Section (Extraction of online information following seizure of electronic devices): code of practice.

Government new clause 68—Extraction of online information: ports and border security.

Government new clause 69—Extraction of online information following agreement etc.

Government new clause 70—Lawful interception of communications.

Government new clause 71—Law enforcement employers may not employ etc barred persons.

Government new clause 72—Meaning of “law enforcement employer”.

Government new clause 73—Application of section (Law enforcement employers may not employ etc barred person) to Secretary of State.

Government new clause 74—Application of section (Law enforcement employers may not employ etc barred person) to specified law enforcement employer.

Government new clause 75—Duty of law enforcement employers to check advisory lists.

Government new clause 76—Application of section (Duty of law enforcement employers to check advisory lists) to specified law enforcement employer.

Government new clause 77—Interpretation of sections (Law enforcement employers may not employ etc barred persons) to (Application of section (Duty of law enforcement employers to check advisory lists) to specified law enforcement employer).

Government new clause 78—Special police forces: barred persons lists and advisory lists.

Government new clause 79—Consequential amendments.

Government new clause 80—Power to give directions to critical police undertakings.

Government new clause 81—Ports and border security: retention and copying of articles.

Government new clause 82—Extradition: cases where a person has been convicted.

Government new schedule 1—Amendments to Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022.

Government new schedule 2—Confiscation orders: Scotland.

Government new schedule 3—Special police forces: barred persons lists and advisory lists.

Amendment 157, in clause 1, page 1, line 6, leave out “The Anti-social” and insert—

“Subject to a review of existing anti-social behaviour powers under the Anti-social Behaviour Act 2014 being conducted and completed by the Secretary of State within six months of this Act receiving Royal Assent, the Anti-social”.

Amendment 167, page 1, line 13, leave out “18” and insert “16”.

This amendment would lower the age to 16 at which a court can impose a respect order on a person to prevent them from engaging in anti-social behaviour.

Amendment 168, page 2, line 29, at end insert—

“(9A) If a court makes a respect order against a person (P) more than once, then P is liable to a fine not exceeding level 3 on the standard scale.”

This amendment means that if a person gets more than one Respect Order, they are liable for a fine.

Amendment 169, page 2, line 30, leave out from “behaviour” to end of line 31 and insert

“has the same meaning as under section 2 of this Act.”

This amendment would give “anti-social behaviour” in clause 1 the same definition as in section 2 of the Anti-social Behaviour, Crime and Policing Act 2014.

Amendment 170, page 4, line 18, at end insert—

“D1 Power to move person down list for social housing

(1) A respect order may have the effect of moving any application the respondent may have for social housing to the end of the waiting list.”

This amendment would mean that a person who receives a respect order would move to the bottom of the waiting list for social housing, if applicable.

Amendment 171, page 8, line 2, at end insert—

“(4A) A person who commits further offences under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a period not exceeding 5 years or a fine (or both).””

This amendment sets out the penalties for repeated breaches of a respect order with a prison sentence of up to 5 years.

Amendment 158, in clause 2, page 9, line 35, at end insert—

“(4) Prior to issuing any guidance under this section, the Secretary of State must conduct a full consultation exercise.”

Amendment 2, in clause 8, page 17, line 23, insert—

“(3) To facilitate the ability of the Police, under the provisions of section 59 of the Police Reform Act 2002, as amended by subsection (1), to seize e-scooters or e-bikes that have been used in a manner which has caused alarm, distress or annoyance, the Secretary of State must, within six months of the passing of this Act, issue a consultation on a registration scheme for the sale of electric bikes and electric scooters.

(4) The consultation must consider the merits of—

(a) requiring sellers to record the details of buyers, and

(b) verifying that buyers have purchased insurance.”

Amendment 172, in clause 9, page 17, line 34, at end insert—

“(c) section 33B (Section 33 offences: clean-up costs).”

Amendment 173, page 17, line 34, at end insert—

“(1A) Guidance issued about the enforcement of section 33 offences must ensure that, where a person is convicted of a relevant offence, they are liable for the costs incurred through loss or damage resulting from the offence.”

This amendment would ensure the Secretary of State’s guidance on fly-tipping makes the person responsible for fly-tipping, rather than the landowner, liable for the costs of cleaning up.

Amendment 174, page 18, line 3, at end insert—

“(4A) The consultation undertaken by the Secretary of State must include an examination of establishing a penalty point fine to those found convicted of an offence under sections 33 or 87 of the Environmental Protection Act 1990.”

This amendment would require the Secretary of State to consult on establishing a system for those who fly tip or leave litter to receive penalty points on their driving licence.

Amendment 175, in clause 25, page 30, line 24, leave out “4” and insert “14”.

This amendment would increase the maximum sentence for possession of a weapon with intent to commit unlawful violence from four to 14 years. The Independent Reviewer of Terrorism Legislation recommended an increase in his review following the Southport attack.

Government amendments 24 to 33.

Amendment 176, in clause 35, page 50, line 38, at end insert—

“(4) If the offender has previous convictions for an offence under section 14 of the Crime and Policing Act 2025 (assault of a retail worker) or for shoplifting under section 1 of the Theft Act 1968, the court must make a community order against the offender. The community order must include a tag, a ban, or a curfew.”

This amendment clause would require the courts to make a community order against repeat offenders of retail crime in order to restrict the offender’s liberty.

Government amendment 34.

Amendment 4, in clause 38, page 51, line 29, leave out “criminal conduct” and insert “conduct for criminal purposes”.

This amendment would expand the remit of the offence created under clause 38 to include exploiting a child into conduct for criminal purposes.

Amendment 7, page 51, line 31, leave out paragraph (b).

This amendment would remove the requirement that for an offence of child criminal exploitation to be committed, the perpetrator did not reasonably believe that the child was aged 18 or over.

Government amendment 35.

Amendment 5, in clause 38, page 51, line 37, leave out “criminal conduct” and insert “conduct for criminal purposes”.

This amendment would expand the remit of the offence created under clause 38 to include exploiting a child into conduct for criminal purposes. It is consequential on Amendment 4.

Amendment 6, page 52, line 2, leave out “or” and insert—

“(b) activity that is undertaken in order to facilitate or enable an offence under the law of England and Wales, or.”

This amendment would expand the remit of the offence created under clause 38 to include exploiting a child into conduct for criminal purposes.

Government amendments 36 to 49.

Amendment 8, in clause 53, page 61, line 5, after “(A)” insert ““aged 18 or over”.

This amendment would ensure children cannot commit an offence of cuckooing.

Government amendments 50 to 66.

Government motion to transfer subsection (4) of clause 59.

Government amendments 68 and 69.

Amendment 177, in clause 64, page 73, line 24, at end insert—

“4A) For the purpose of this section—

“Child” means a person under the age of 18.

“Grooming” means meeting or communicating (in person or online) with a child and or their network (on one or more occasion) with a view to intentionally arrange or facilitate child sexual abuse (in person or online) for an act including themselves or others.”

This amendment would introduce a legal definition of grooming.

Amendment 178, page 74, line 31, at end insert—

“70B Group-based sexual grooming of a child

(1) This section applies where—

(a) a court is considering the seriousness of a specified child sex offences,

(b) the offence is aggravated by group-based grooming, and

(c) the offender was aged 18 or over when the offence was committed.

(2) The court—

(a) must treat the fact that the offence is aggravated by group-based grooming as an aggravated factor, and

(b) must state in court that the offence is so aggravated.

(3) An offence is “aggravated by group-based grooming” if—

(a) the offence was facilitated by, or involved, the offender, who was involved in group-based grooming, or

(b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could have reasonably been expected to know that said person was participating, or facilitating group-based grooming, or

(c) the offender intentionally arranges or facilitates something that the offender intends to do, intends another person to do, or believes that another person will do, in order to participate in group-based grooming.

(4) In this section “specified child sex offence” means—

(a) an offence within any of subsections (5) to (7), or

(b) an inchoate offence in relation to any such offence.

(5) An offence is within this subsection if it is—

(a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),

(b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),

(d) an offence under any sections 9 to 12 of that Act (other child 25 sex offences),

(e) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence),

(f) an offence under any of sections 16 to 19 of that Act (abuse of position of trust),

(g) an offence under section 25 or 26 of that Act (familial child sex offences), or

(h) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children).

(6) An offence is within this subsection if it is—

(a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent),

(b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder),

(c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or

(d) an offence under any of sections 66 to 67A of that Act (exposure and voyeurism), and the victim or intended victim was under the age of 18.

(7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.

(8) For the purposes of this section—

(a) “group-based grooming” is defined as a group of at least three adults whose purpose or intention is to commit a sexual offence against the same victim or group of victims who are under 18, or could reasonably be expected to be under 18.”

This amendment would introduce a specific aggravating factor in sentencing for those who participate in, or facilitate, group-based sexual offending.

Amendment 159, in clause 65, page 74, line 39, leave out subsection (2) and insert—

“(2) An officer may seek independent judicial authorisation to engage in conduct which is for the purpose of obtaining data from the person.

(2A) Authorised conduct may consist of an officer—

(a) scanning the information stored on the device using technology approved by the Secretary of State for the purpose of ascertaining whether information stored on an electronic device includes child sexual abuse images,

(b) requiring the person to permit the scan, and

(c) requiring the person to take such steps as appear necessary to allow the scan to be performed.”

This amendment subjects any searches of electronic devices to prior authorisation by a judge.

Amendment 179, in clause 66, page 75, line 16, leave out subsection (7).

This amendment would keep an individual under the duty to report child abuse despite the belief that someone else may have reported the abuse to the relevant authority.

Amendment 3, page 75, line 31, at end insert—

“(2) the duty under subsection (1) applies to—

(a) any person undertaking work for the Church of England, the Roman Catholic Church, or any other Christian denomination on either a paid or voluntary basis,

(b) any clergy of the Church of England, the Roman Catholic Church, or any other Christian denomination, notwithstanding any canonical law regarding the seal of confession, and

(c) any person undertaking work on either a paid or voluntary basis, or holding a leadership position, within the Buddhist, Hindu, Jewish, Muslim or Sikh faiths, or any other religion, faith or belief system.”

This amendment would ensure that the duty to report suspected child sex abuse covered everyone working for the Church of England and the Roman Catholic Church whether paid or on a voluntary basis, including clergy, as well as all other faith groups. Reports received by clergy through confession would not be exempt from the duty to report.

Amendment 10, page 76, line 28, at end insert—

“(10) A person who fails to fulfil the duty under subsection (1) commits an offence.

(11) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

This amendment would implement part of recommendation 13 of the Independent Inquiry into Child Sexual Abuse that a failure to report a suspected child sex offence should be a criminal offence.

Amendment 22, page 77, line 13, at end insert

“or

(c) an activity involving a “position of trust” as defined in sections 21, 22 and 22A of the Sexual Offences Act 2003.”

This amendment would implement part of recommendation 13 of the Independent Inquiry into Child Sex Abuse that any person working in a position of trust as defined by the Sexual Offences Act 2003, should be designated a mandatory reporter.

Amendment 11, in clause 68, page 78, line 19, at end insert—

“(7) The sixth case is where P witnesses a child displaying sexualised, sexually harmful or other behaviour, physical signs of abuse or consequences of sexual abuse, such as pregnancy or a sexually transmitted disease, to an extent that would cause a reasonable person who engages in the same relevant activity as P to suspect that a child sex offence may have been committed.

(8) The seventh case is where P witnesses a person (A) behaving in the presence of a child in a way that would cause a reasonable person who engages in the same relevant activity as P to suspect that A may have committed a child sex offence.

(9) A failure to comply with the duty under subsection (1) is not an offence where the reason to suspect that a child sex offence may have been committed arises from subsection (7) or subsection (8).”

This amendment would implement part of recommendation 13 of the Independent Inquiry into Child Sex Abuse that there should be a duty to report where a person recognises the indicators of child sexual abuse. Failure to report in these instances would not attract a criminal sanction.

Government amendment 70.

Amendment 9, in clause 80, page 84, line 22, at end insert—

“(b) if the name change is by deed poll, 7 days prior to submitting an application for change of name (whichever is earlier), or”.

This amendment would require relevant sex offenders to notify the police of an intention to change a name 7 days before making an application to do so by deed poll.

Amendment 180, page 85, line 26, at end insert—

“(11) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine not exceeding Level 4 on the standard scale.”

This amendment imposes a fine of up to £2,500 if a registered sex offender does not notify the police when they change their name.

Amendment 181, in clause 81, page 86, line 41, at end insert—

“(10) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine not exceeding Level 4 on the standard scale.”

This amendment imposes a fine of up to £2,500 if a registered sex offender does not notify the police when they are absent from their sole or main residence.

Amendment 182, in clause 82, page 88, line 25, at end insert—

“(9) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine at Level 5 of the standard scale.”

This amendment imposes an unlimited fine if a relevant registered sex offender does not notify police if they are entering a premises where children are presented.

Government amendments 71 to 73.

Amendment 19, in clause 94, page 115, line 25, at end insert

“, or

(c) the person does so being reckless as to whether another person will be injured, aggrieved or annoyed.”

This amendment would expand the offence for administering harmful substances, including by spiking, to include those who do so being reckless.

Amendment 20, in clause 95, page 116, line 37, at end insert—

“(6A) In determining a sentence for an offence committed under this section, the Court is to treat encouragement or assistance of self-harm, when preceded by a history of abuse perpetrated against the victim/other person by D, as an aggravating factor.

(6B) The criminal liability for D, when the other person mentioned in subsection 1(a) or 1(b) commits suicide, and where D has subjected that person to physical, psychiatric or psychological harm, is the offence of murder.”

This amendment treats encouragement or assistance of serious self-harm when preceded by a history of abuse as an aggravating factor in sentencing with explicit recognition of murder as the criminal liability for perpetrators who cause serious physical, psychiatric, or psychological harm that directly results in, or significantly contributes to, suicide.

Government amendments 74 to 76.

Amendment 14, in clause 102, page 124, line 16, leave out from subsection (1) to “where” in line 29 and insert—

“(1) A person who possesses a SIM farm without good reason or lawful authority commits an offence. For the meaning of ‘SIM farm’, see section 104.

(2) In subsection (1) the reference to a good reason for possessing a SIM farm includes in particular possessing it for a purpose connected with—

(a) providing broadcasting services,

(b) operating or maintaining a public transport service,

(c) operating or maintaining an electronic communications network (as defined by section 32 of the Communications Act 2003),

(d) tracking freight or monitoring it in any other way, or

(e) providing or supporting an internet access service or the conveyance of signals (as defined by section 32 of the Communications Act 2003).

This subsection does not limit subsection (1).

(3) For the purposes of subsection (1),”.

This amendment would mean that a person would only commit an offence if they possessed a SIM farm without a good reason, such as for broadcasting purposes, or lawful authority.

Amendment 15, in clause 103, page 124, line 37, leave out from subsection (1) to “prove” on page 125, line 2, and insert—

“(1) A person who supplies a SIM farm to another person commits an offence unless subsection (2) applies.

(2) It is not an offence for a person to supply a SIM farm under this section provided the person (‘the supplier’) can”.

This amendment would mean that a person would only commit an offence if they supplied a SIM farm without taking reasonable steps to confirm that the person receiving the SIM farm would have a good reason, including for broadcasting purposes, or lawful authority to possess the SIM farm.

Amendment 16, in clause 104, page 125, line 34, after “interchangeably,” insert “and designed primarily” and line 39, at end insert—

“(1A) For the purposes of subsection (1), a device is not a SIM farm if it uses five or more SIM cards simultaneously or interchangeably for the purposes of provided data only services or internet access services or conveyance services.”

This amendment would amend the meaning of “SIM farm” to cover only devices that are primarily used for calls and text messages and would exclude devices primarily used for data connectivity such as Bonded Cellular Devices used by broadcasters.

Amendment 164, page 128, line 5, leave out clause 108.

Amendment 184, in clause 108, page 128, line 10, leave out lines 10 and 11 and insert—

“(2) No offence is committed under this section where a person wears or otherwise uses the item for—”

This amendment would ensure that Clause 108 does not apply to people wearing the hijab, niqab or wearing a mask for health reasons.

Amendment 185, page 128, line 25, at end insert—

“(6) Within a year of this section coming into force, the Secretary of State must review the equality impact of the provisions of this section, and lay a report of the review before both Houses of Parliament within a month of its publication.”

This amendment would require the Secretary of State to review the equality impact of the provisions of Clause 108.

Amendment 165, page 128, line 26, leave out clause 109.

Amendment 166, page 129, line 28, leave out clause 110.

Government amendments 77 to 86.

Amendment 161, page 131, line 29, leave out clause 114.

This amendment would delete Clause 114 which would place restrictions on the right to protest near places of worship.

Amendment 160, in clause 115, page 133, line 12, at end insert—

“(4) Prior to imposing conditions under either Section 12 or 14, the senior officer of the Police Force in question must confirm that live facial recognition will not be in use, unless a new code of practice for the use of live facial recognition surveillance in public spaces in England and Wales had previously been presented to, and approved by, both Houses of Parliament.”

Amendment 21, in clause 120, page 140, line 37, at end insert—

“(8) The authorised persons listed in Clause 71A may not use the information referenced in subsection (1) for the purposes of biometric searches using facial recognition technology”

Government amendment 87.

Amendment 162, page 148, line 1, leave out clause 126.

Amendment 163, in clause 126, page 148, line 13, at end insert—

“(3) Within a year of this section coming into force, the Secretary of State must review the human rights and equality impact of the provisions of this section, and lay the report of the review before both Houses of Parliament within a month of its publication.”

Government amendments 88 to 91.

Amendment 183, in clause 141, page 168, line 5, leave out subsection (7) and insert—

“(7A) A youth diversion order must specify the period for which it has effect, up to a maximum of 12 months.

(7B) An assessment must be taken of the respondent before the conclusion of a youth diversion order to determine if they continue to hold extremist views or pose a terror threat.

(7C) An assessment must be made by a qualified expert in extremism and counterterrorism.

(7D) Assessments taken by the respondent’s youth offending team must be reviewed by an external expert with no pre-existing relationship to the respondent.

(7E) If the respondent is assessed as holding extremist views or as a terror threat the youth offending team or a chief officer of police must apply to an appropriate court for the youth offending order to be extended up to a maximum of 12 months.

(7F) All provisions, prohibitions and requirements of a youth diversion order remain in effect until the respondent has been assessed as holding no extremist views or posing a terror threat.”

This amendment would give the police the ability to apply for youth diversion orders in cases of youth extremism and terror risks. The diversion orders would conclude automatically after a maximum of twelve months without an assessment as to whether the individual remained a terror risk or extremist.

Government amendments 92 to 101, and 134 to 151.

Amendment 23, in schedule 9, page 229, line 15, at end insert—

“(11) Section 127 of the Magistrates’ Courts Act 1980 (time limit for summary offences) does not apply to an offence under subsection (1).”

This amendment allows the offence of taking or recording intimate photograph or film to be tried by a Magistrates’ Court at any time by disapplying the six-month time limit in s.127 of the Magistrates’ Court Act 1980.

Government amendments 152 to 156 and 102 to 133.

[Dame Diana Johnson]

Before I speak to the key Government amendments tabled on Report, I quickly remind the House why the Government have brought forward this Bill. It is a vital part of our safer streets mission, and contains a host of measures to tackle antisocial behaviour, retail and knife crime, and the epidemic of violence against women and girls, and to restore confidence and trust in policing.

It is worth reminding the House that on the previous Government’s watch, shoplifting soared to record-high levels; there was a 70% increase in their last two years in office alone. Street theft was rapidly rising; it was up by almost 60% in just the last two years. Antisocial behaviour was rampant in our towns and cities, with 1 million incidents last year. In the year to June 2024, the crime survey of England and Wales estimated that 25% of people perceived antisocial behaviour to be a fairly or very big problem in their area. That is the highest level since at least March 2013, over a decade ago. Violence and abuse against shop workers was at epidemic levels. The British Retail Consortium said that incidents of violence and abuse against shop workers stood at more than 2,000 a day in ’23-24—up by almost 50% on the previous year, and nearly treble the pre-pandemic figures from 2019 to 2020.

[Mr Toby Perkins (Chesterfield) (Lab)]

I have been down to the local Co-op in Chesterfield and met one of the shop workers, who faced a terrible attack. Luckily, the people were jailed, but in so many cases there is a sense that shoplifters are able to walk out the door without anything being done. The traumatic effect that this has on shop workers has to be seen to be believed. Would the Minister say that the message the Bill sends to anyone who wants to walk out of a store after doing these things is that the police will come after them, and they will end up going to jail?

[Dame Diana Johnson]

My hon. Friend puts that very well. Attacks on retail workers are totally unacceptable. The Co-op and the Union of Shop, Distributive and Allied Workers have done important work to highlight this issue and ensure that measures on it will be enacted through the Bill.

The previous Conservative Government wrote off a number of the crime types I have just talked about as low-level crime, and allowed them to spiral out of control. At the same time, they decimated local neighbourhood policing teams, causing untold damage to our communities, as we all know.

[Wendy Morton (Aldridge-Brownhills) (Con)]

On neighbourhood policing, I welcome the fact that we have some extra capacity coming into the west midlands, but I have not yet had clarification on whether the money that is coming to the west midlands will cover all the extra national insurance costs. The Labour police and crime commissioner is already saying that his budgets are underfunded under the Labour Government.

[Dame Diana Johnson]

The right hon. Lady and I have had this discussion before, and I have made it very clear that the national insurance increases have been funded through the money that is available to police forces this year. That is in stark contrast to the situation under the previous Government, who did not make a proper allocation for the police pay award for last year. This Government had to supplement it when we came into power in July.

[Chris Vince (Harlow) (Lab/Co-op)]

Will the Minister join me in celebrating the five new neighbourhood police officers we have in Harlow? I cannot take all the credit for them, because I only taught one of them maths.

[Dame Diana Johnson]

Absolutely. I think we will have 3,000 additional neighbourhood police officers by the end of March next year, as part of our commitment to putting in place 13,000 neighbourhood police officers by the end of this Parliament.

It has been clear throughout the Bill’s passage that it commands broad support across the House. I hope that over the next two days, right hon. and hon. Members from all parts of the House can come together and recognise the shared goals that the Bill fulfils. The Government are tireless in our drive to make our streets safer.

[Simon Hoare (North Dorset) (Con)]

The right hon. Lady is setting out very clearly what the Bill is intended to be, and has rightly pointed to the cross-party support for the main thrust of it. Does she agree that that unanimity of purpose is put in grave jeopardy by the Christmas tree-ing of significant amendments relating to abortion? I know that she had a personal interest in this issue in opposition. These very dramatic changes to abortion law require a much fuller debate in this place than can be had on an amendment to a Bill that has the purpose that the right hon. Lady has set out. The Government never intended the Bill to be a Christmas tree Bill, but it has become one. The House runs the risk of fracturing its unanimity of purpose if those amendments are pressed to a vote and become part of the legislation.

[Dame Diana Johnson]

I do not want to try Mr Speaker’s patience, but time has been allocated for that debate this afternoon. The hon. Gentleman is a very experienced Member of this House, and he will know that crime Bills often become Christmas tree Bills due to their very nature, as Members wish to table amendments on all sorts of areas of the criminal law. We have the Bill that is before us, and the amendments that have been tabled.

The Government and, I hope, other parties in this House are committed to making our streets safer. Where there are gaps in the law, we will not hesitate to address them, and the Government amendments that have been tabled are very much directed to our achieving that end. I will start by going through them. New clause 54 will aid legal certainty and the consistent application of the new offence of child criminal exploitation. The new clause makes clearer to the courts that the offence is focused on the criminal intentions of the adult only, rather than those of the child. It puts beyond doubt that the offence captures circumstances in which the child is used as an entirely innocent agent and cannot satisfy all the elements of the intended criminal conduct themselves. The new clause also puts beyond doubt that the offence is capable of capturing earlier-stage grooming; as such, it addresses the concerns raised in amendments 4 to 6, tabled by the hon. Member for Brighton Pavilion (Siân Berry). It will also cover perpetrators who arrange for another person to exploit a child on their behalf. At the request of the Scottish Government and the Department of Justice in Northern Ireland, we are also extending the offence of child criminal exploitation to Scotland and Northern Ireland.

New clause 56 criminalises the highly exploitative and harmful practice of coerced internal concealment. It is commonly associated with county lines drug dealing, and involves a child or adult being intentionally caused to conceal drugs or other objects—such as weapons or SIM cards—inside their body to facilitate criminality. The new clause creates two new offences. The first targets perpetrators who intentionally cause a child to conceal a specified item inside their body. The second applies in cases where an adult victim is caused to internally conceal a specified item through compulsion, coercion or deception, or through controlling or manipulative behaviour, and where the perpetrator intends, knows or reasonably suspects that the item has been or may be used in connection with criminal conduct. These new offences will carry a maximum penalty of up to 10 years’ imprisonment.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

The Bill applies to England and Wales, but it is important for knowledge and information to be shared with the Northern Ireland Assembly and the Scottish Parliament, for example, so that they are aware of what is happening here—and people may move from England or Wales to Northern Ireland or Scotland. We should ensure that information can be exchanged between police forces and other authorities here and those in the devolved Administrations: if we want security and safety for all our people, that really needs to happen.

[Dame Diana Johnson]

I entirely agree with the hon. Gentleman about the importance of sharing information, good practice and policy development, and I hope that that will go from strength to strength under this Government.

Let me now say something about abusive behaviour towards emergency workers. As we all know, they put themselves in harm’s way to protect us every day, and they deserve robust protection in return. That includes protection from racial and religious abuse, which is not only deeply harmful but undermines the values of decency, respect and public service. Unlike most people, emergency workers cannot walk away from abuse. When they enter private homes they do so not by choice, but because it is their duty to do so. Whether they are responding to a 999 call, providing urgent medical care or attending an incident involving risk to life or property, they are legally and professionally required to remain and act. They cannot remove themselves from the situation simply because they are being abused. The law must recognise that and ensure that they are properly protected in every setting, including private dwellings.

At present, there is a clear and pressing gap in the law. Although existing legislation provides important protections against racially and religiously aggravated offences in public places, they do not extend to abuse that occurs inside private homes. Policing stakeholders have highlighted that gap, and have emphasised the need for stronger safeguards for emergency workers. New clauses 60 to 62 therefore introduce specific offences relating to the use of racially or religiously threatening, abusive or insulting words or behaviour towards emergency workers acting in the course of their duties. Crucially, that includes incidents that take place within a private dwelling.

This is a focused and proportionate measure. It does not interfere with freedom of expression; rather, it reinforces the principle that emergency workers should be able to carry out their critical roles without being subjected to hate or hostility because of their race or religion. I hope that the hon. Member for Esher and Walton (Monica Harding) will agree that these Government new clauses achieve the underlying purpose of her new clause 120.

Clause 112 strengthens the protection afforded to nationally significant war memorials by providing for a new offence of climbing on specified war memorials without lawful excuse. We believe that the same protection should now be extended to other nationally significant memorials, starting with the statue of Sir Winston Churchill in Parliament Square. The Churchill statue, which is a prominent national symbol of Britain’s wartime leadership, has repeatedly been targeted and climbed on during protests in recent years. Including it within the new offence ensures the consistent protection of one of the foremost culturally significant monuments linked to national remembrance. Amendments 77 to 84 therefore expand the scope of the new offence to include other memorials of national significance, as well as adding the statue of Sir Winston Churchill to the list of specified memorials set out in schedule 12.

New clauses 63 to 70 and 81 and new schedule 1 deal with remotely stored electronic data, clarifying powers for law enforcement agencies to access information stored online and extract evidence or intelligence for criminal investigations, to protect the public from the risk of terrorism and safeguard our national security. The powers will apply when law enforcement agencies have lawfully seized an electronic device, as part of national security examination at UK borders or when a person provides his or her agreement. New clause 70 also amends the Investigatory Powers Act 2016 to permit the interception of access-related communications, such as two-factor authentication codes. Those reforms are necessary to ensure that our law enforcement agencies have clear powers to access vital evidence and intelligence when investigating serious offences, including child sexual abuse, fraud, terrorism and threats to national security, at a time when more and more information is stored remotely in the cloud rather than on people’s electronic devices.

Let me now turn to new clauses 72 to 79 and new schedule 3. A crucial aspect of our safer streets mission is to rebuild public confidence in policing. Among other things, that means ensuring that only those who are fit to serve can hold the office of constable or otherwise work in our law enforcement agencies. As well as strengthening the vetting regime for police officers, the new clauses and the new schedule require the National Crime Agency, the British Transport police, the Civil Nuclear Constabulary and the Ministry of Defence police to establish barred persons lists and advisory lists, similar to those created in 2017 for territorial police forces in England and Wales The chief officers of these forces, and others, will be under a legal duty to consult the lists before employing or appointing an individual to prevent those dismissed from policing from rejoining another force in the future.

My right hon. Friend the Home Secretary has announced a new police efficiency and collaboration programme to cut waste and bureaucracy. It is important that undertakings providing services to the police are delivering the most benefit, and unlocking the efficiency savings needed by forces to achieve better outcomes for the public. Announcing the Government’s intention to consult on establishing a new national centre of policing, the Home Secretary said that she envisaged the body’s being responsible for existing shared services, national IT capabilities, and force-hosted national capabilities. It is right that the Home Secretary has the powers to ensure that those capabilities are fully aligned with the priorities of the police efficiency and collaboration programme, and that they are adequately prepared for transition into the new body with no disruption to service delivery. New clause 80 ensures that the Home Secretary has the power to direct undertakings providing critical services and capabilities to policing to take appropriate action to strengthen their service delivery to better deliver our efficiencies programme, and, ahead of any future legislation to establish the national centre for policing, to remove any barriers to the transition of services into the new centre.

We tabled new clauses 52 and 53 against the backdrop of the Government’s commitment to bring into force the repeal of the outdated Vagrancy Act 1824, which criminalises begging and many forms of rough sleeping. It is generally the case that when begging reaches the threshold of antisocial behaviour there are already sufficient powers available to the police and others to address that, but we have identified two gaps in the law that will arise from the repeal of the 1824 Act, which the new clauses would address. New clause 52 makes it a criminal offence for any person to arrange or facilitate another person’s begging for gain. Organised begging, which is often facilitated by criminal gangs, exploits vulnerable individuals and can undermine the public’s sense of safety. This provision makes it unlawful for anyone to organise others to beg—for example, by driving people to places for them to beg. That will allow the police to crack down on the organised crime gangs that use this exploitative technique to obtain cash for illicit activity.

[Chris Vince]

The Minister is being very generous in taking interventions. Having worked for a homelessness charity, I have seen this issue at first hand. Does she agree that when there is an organisation behind the begging, the person forced to beg is actually being exploited, so these laws will help to tackle a form of exploitation?

[Dame Diana Johnson]

My hon. Friend makes that point very well. These individuals are exploited by serious and organised criminal gangs, and we are going to clamp down on those gangs’ activity.

New clause 53 re-enacts the offence of being on enclosed premises for an unlawful purpose. It will make it an offence for a person to trespass on any premises—that covers any building, part of a building or enclosed area—with the intention of committing an offence. Without this replacement offence, the police would be able to rely only on the trespassing provisions in the Theft Act 1968, which covers trespassing only in relation to burglary. It is important that the police have the powers to tackle all cases of trespassing with intent to commit an offence, and new clause 53 will ensure that.

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[Jim Dickson (Dartford) (Lab)]

I congratulate the Minister both on the Bill as it stands and on today’s amendments. Near my constituency, there has been a troubling spate of recent incidents in which younger people, in some cases encouraged by older men, are filming themselves catapulting and injuring wildlife, and placing that footage on TikTok. The footage is deeply unpleasant, and I do not recommend anybody looks at it. Would the Minister agree that that behaviour goes well beyond antisocial behaviour, and may at some point require a ban perhaps on the sale of catapults, but certainly on their use for that purpose?

[Dame Diana Johnson]

Sadly, that is not the first time I have heard about such appalling behaviour of attacking and injuring animals using catapults. I will certainly be raising that with my counterparts in the Department for Environment, Food and Rural Affairs to see what more we can do. I am aware that this issue needs to be looked at, and I thank my hon. Friend for raising it.

Amendments 24 to 33 will require operators of collection points for items such as knives and crossbows to carry out the same enhanced age verification checks before handing over knives to the buyer, or in the case of crossbows and crossbow parts, to the buyer or even the hirer of the item. Clause 30 imposes similar requirements on couriers.

Clause 128 introduces costs and expenses protections for law enforcement agencies in civil recovery proceedings, under the Proceeds of Crime Act 2002, in the High Court or the Court of Session in Scotland. As currently drafted, it is not clear how the cost protection measure applies to pre-existing cases, particularly where cases have started before the provision comes into force but costs are incurred after the provision comes into force. As a result, it may be difficult and costly to determine which costs are covered. Amendment 89 provides that cost protections apply to any case where proceedings start after the measure comes into force.

Schedule 15 to the Bill introduces reforms to the confiscation regime in England and Wales in respect of the proceeds of crime. Among other things, the reforms make provision for the provisional discharge of confiscation orders made under the Proceeds of Crime Act 2002, allowing outstanding confiscation orders to be placed in abeyance when there is no realistic prospect of recovery in the immediate term and all enforcement steps have been exhausted. Amendments to schedule 15 extend the provisional discharge measures to confiscation orders made under legislation predating the 2002 Act.

Chapter 1 of part 14 provides for youth diversion orders, which are a new counter-terrorism risk management tool for young people who, on the balance of probabilities, the court assesses to have committed a terrorism offence or an offence with a terrorism connection, or to have engaged in conduct likely to facilitate a terrorism offence, and where the court considers it necessary to make the order for the purposes of protecting the public from terrorism or serious harm.

The amendments to clause 139 make a change to the scope of YDOs to ensure that applications can be made for individuals up to and including 21-year-olds. Currently, a court may make a YDO in respect of a person aged 10 to 21, but exclusive of 21-year-olds. Following further engagement with operational partners on the types of cases that could benefit from a YDO, we have concluded that this change would increase the operational utility of the YDO and ensure that it can be considered as an intervention in a wider variety of cases involving young people.

Clause 141(2) enables a YDO to include prohibitions or requirements relating to the respondent’s possession or use of electronic devices. The amendments to this clause set out a non-exhaustive list of some of the most common or intrusive requirements that may be imposed to support the police’s ability to monitor compliance with restrictions on electronic devices, providing a clearer statutory footing for imposing such requirements. For example, it would allow the court to impose a requirement on someone subject to a YDO to enable the police to access their device for the purposes of checking compliance with restrictions such as accessing specific websites or applications. It would allow the police to identify harmful online activity at an earlier stage and intervene before it escalates. As with other YDO measures, the court would need to assess that any monitoring requirements are necessary and proportionate for the purposes of protecting the public from a risk of terrorism or serious harm.

Technical amendments are also required to clauses 142 and 150 relating respectively to the definition of “police detention” for Scotland and Northern Ireland and to the appeals process in Northern Ireland. The amendments will adapt the relevant provisions for the purposes of the law in Scotland and Northern Ireland. The amendments to clause 151 provide that, where a person ceases to have a reasonable excuse for failing to comply with notification requirements but continues to fail to comply, they commit an offence.

The other Government amendments in this group, which make necessary refinements to existing provisions in the Bill, were detailed in the letter that I sent last week to the hon. Member for Stockton West (Matt Vickers), a copy of which has been placed in the Library. With your permission, Madam Deputy Speaker, I will therefore seek to respond to the non-Government amendments in this group when winding up. For now, I commend the Government amendments to the House.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister

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[Dame Diana Johnson]

I am grateful to Members for setting out the case for their amendments, and I will seek to respond to as many Members as possible in the remaining time available.

The shadow Minister, the hon. Member for Stockton West (Matt Vickers), tabled amendments 167 to 183, which echo many of the amendments considered in Committee. I do not propose to repeat the considered responses that my ministerial colleagues and I provided at that stage, but I will deal with a couple of the amendments to which the shadow Minister referred today.

Amendment 175 deals with the possession of weapons with intent to use unlawful violence. It seeks to increase the maximum sentence for possession of a bladed article or offensive weapon with the intention to use unlawful violence from four years to 14. Increasing the maximum penalty for that offence in isolation, without looking at other possession offences, would result in inconsistency in the law in this area. We have set the maximum penalty for the “possession with intent” offence at four years’ imprisonment to be consistent with the maximum penalties for all other knife-related possession offences. We will conduct a review of the maximum penalties for knife-related offences, and establish whether they are still appropriate.

The shadow Minister said that the independent reviewer of terrorism legislation had recommended that the sentence for the new offence of possession of a weapon with intent to cause violence should be increased substantially. In his recent report, the independent reviewer recommended the creation of a new offence for cases where an individual prepares to kill more than two people. He said:

“If this offence is created, then there is no need to reconsider the maximum sentence for the proposed offence of possessing an article with violent intent under the Crime and Policing Bill.”

As I have said, the Government are considering creating such an offence, so increasing the maximum sentence for the new offence of possessing an article with violent intent is unnecessary. We will debate the matter further tomorrow, when we consider the shadow Minister’s new clause 143.

The shadow Minister also tabled, and referred to, amendments 172 and 173, which would make those responsible for fly-tipping

“liable for the costs of cleaning up.”

When local authorities prosecute fly-tippers, on conviction, a cost order can already be made by the court, so that a landowner’s costs can be recovered from the perpetrator. While sentencing is a matter for the courts, guidance on presenting court cases produced by the National Fly-Tipping Prevention Group, which the Department for the Environment, Food and Rural Affairs chairs, explains that prosecutors should consider applying for compensation for the removal of waste, and we will consider building on that advice in the statutory guidance issued under clause 9. Amendment 174 concerns points on driving licences as a penalty for fly-tipping. Again, sentencing is a matter for the courts, but I will ask my counterparts at DEFRA, who are responsible for policy on fly-tipping, to consider the benefits of enabling the endorsement of penalty points for fly-tippers.

The hon. Member for Hazel Grove (Lisa Smart) spoke to amendment 160 on the use of live facial recognition in the policing of protests. Live facial recognition is a valuable policing tool that helps to keep people safe. Its use is already governed by the Human Rights Act 1998 and data protection laws. I do, however, recognise the need to assess whether a bespoke legislation framework is needed, and we will set out our plans on this later in the year.

[Dawn Butler (Brent East) (Lab)]

On facial recognition, does the Minister agree that my amendment 21 would stop the police accessing everybody’s driving licences to use them for complete surveillance, which is not the intention of the Bill?

[Dame Diana Johnson]

I am grateful to my hon. Friend for raising that point. I probably will not have time to go into detail, but the amendment is not required because what my hon. Friend describes is not what the Bill is intended to do. I am very happy to speak to her outside the Chamber about that, but I reassure her that that is not its intention.

On amendment 157, the Home Office regularly engages with frontline delivery partners and practitioners to understand how the antisocial behaviour powers are being used, and their effectiveness in preventing and tackling ASB. That is why the Bill includes measures to strengthen the powers available to police and local authorities. New requirements in the Bill for local agencies to provide information about ASB to the Government will further enhance our understanding of how the ASB powers are used to tackle antisocial behaviour.

On amendment 158, I want to make it clear that housing injunctions and youth injunctions are not novel. They are already provided for in legislation in the form of the civil injunction, which is being split into three separate orders: the respect order, the youth injunction and the housing injunction. The youth and housing injunctions retain elements of the existing civil injunction that are not covered by the new respect orders—namely, elements relating to offenders under 18 and housing-related nuisance ASB. I also assure the House that any revisions to the ASB statutory guidance are extensively consulted on with relevant stakeholders, including frontline practitioners.

The Liberal Democrat spokesperson, the hon. Member for Hazel Grove, also spoke to amendment 3, tabled by the hon. Member for Wells and Mendip Hills (Tessa Munt), which would apply the duty to report child sexual abuse to anyone working or volunteering in any capacity for religious, belief or faith groups. I know that she has had an opportunity to discuss that amendment in recent days with the Minister who has responsibility for safeguarding.

Turning to the amendments tabled by my hon. Friend the Member for North West Cambridgeshire (Sam Carling), I thought it was very helpful and useful for the House to hear his experience and knowledge of the issues involving Jehovah’s Witness groups, and he brought to life what it means when such reports are made.

On amendment 10, the Government do not consider that it would be proportionate to provide for a criminal sanction that may inadvertently create a chilling effect on those who wish to volunteer with children or enter certain professions. We are creating a specific offence of preventing or deterring a person from complying with the duty to report, and anyone who seeks deliberately to prevent someone from fulfilling their mandatory duty to report child sexual abuse will face the full force of the law.

[Sam Carling]

Will the Minister give way?

[Dame Diana Johnson]

I will continue, because I need to cover other amendments that have been tabled.

On amendment 11, assessing the signs and indications of abuse can be complex and subjective, particularly for the very large number of non-experts that this duty will apply to, many of whom are engaging with children infrequently or irregularly. We have therefore chosen to focus the duty on scenarios in which a reporter has been given an unambiguous reason to believe that they are in receipt of an allegation of child sexual abuse.

Amendment 22 seeks to add a reference to the legislative definition of “positions of trust” in schedule 7. However, a person occupies a position of trust only in relation to specific sexual offences committed against a specific child, and the term’s value as a definition for a reporter of abuse is therefore limited. The amendment also has the potential to create confusing duplication, given the significant overlap between regulated activity with children and positions of trust. The list of activities in schedule 7 has been drawn up to set out activities involving positions of trust that may not be adequately covered by the definition of regulated activity. The Government will of course keep this list under review, and amend it if necessary.

My hon. Friend the Member for Bolton North East (Kirith Entwistle) spoke to amendment 20, which relates to the new broader offence of encouraging or assisting self-harm in clause 95. She made a very passionate speech on this issue, and I know that she, too, has met the Minister to discuss it in recent days. On sentencing, the courts must already consider the circumstances of each case, including aggravating and mitigating factors, and follow relevant guidelines set by the independent Sentencing Council. Where a defendant has previous convictions, this is already recognised as a statutory aggravating factor in sentencing.

On whether a charge of murder should be brought in the circumstances set out in the amendment, I have to say to my hon. Friend that the amendment is wholly inconsistent with the criminal offence of murder, which has different elements that must be met before a person can be convicted. That said, it is important to recognise that where the encouragement or assistance results in suicide, the separate offence of encouraging or assisting suicide applies; manslaughter may be charged if there is a direct link between the abuse and the suicide.

The right hon. Member for Hayes and Harlington (John McDonnell) spoke to amendment 161, which aims to delete clause 114. The clause will allow the police to impose conditions on a protest near a place of worship if the police have a reasonable belief that the protest may deter individuals from accessing the place of worship for religious activities, even if that effect is not intended. That gives the police total clarity on how and when they can protect places of worship, while respecting the right to peaceful protest.

A number of hon. and right hon. Members spoke about spiking, including my hon. Friends the Members for Hitchin (Alistair Strathern) and for Darlington (Lola McEvoy), the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), and my hon. Friend the Member for Milton Keynes Central (Emily Darlington), as well as the hon. Member for Isle of Wight East (Joe Robertson), who tabled amendment 19. Before I say anything else, I pay tribute to all those who have campaigned on this issue for many years, including families and campaign groups. Richard Graham, a former Member of this House, was a pioneer of the case for bringing forward a spiking amendment.

As discussed in Committee, the offence as drafted already captures a wide range of criminal behaviours, which cover both spiking and non-spiking incidents; for example, it covers the victim being pepper sprayed. As for the reference to a specific intent to “injure, aggrieve or annoy”, that wording is of long standing and has been widely interpreted by the courts. Every case will be judged on the facts. For instance, if someone administers a harmful substance as a prank, they would likely be found to have intended to “annoy” or “aggrieve”. The broadness of the new offence, and the increase in the maximum penalty as compared to the penalty for the existing offence under section 24 of the Offences Against the Person Act 1861, is, in the Government’s view, sufficient. Introducing recklessness as an alternative to intent risks over-complicating the law and is unnecessary for securing appropriate convictions.

The hon. Member for Isle of Wight East spent a lot of time looking at this issue, so I want to address it. The spiking clause in the Bill is modelled on the offence under the 1861 Act, which does not have a recklessness test. In the 2004 case of Gantz, an intention to “loosen up” the victim—he referred to that intention in the example he gave today—was covered; it may be helpful for him to reflect on that. We also understand that as recently as last month, a person was convicted of spiking another person “as a joke”. We therefore deem that the inclusion of “recklessness” is unnecessary to ensure the appropriate convictions that we are looking for with this new offence. However, we are very happy to continue to have conversations about this to ensure that we get the law absolutely right.

Many other speeches were made today that I would like to comment on, but I am running swiftly out of time. In my earlier comments, I referred to amendments 4 to 8 from the hon. Member for Brighton Pavilion (Siân Berry). I fully understand why amendment 2 was tabled by the hon. Member for Moray West, Nairn and Strathspey (Graham Leadbitter), but those who cycle have a duty to do so safely and in accordance with the highway code, and they are wholly responsible and liable for their actions.

In conclusion, I hope that in the light of the responses I have given to the amendments today, Members will not press them. I commend new clause 52 to the House.