Crime and Policing Bill

Earl of Effingham Excerpts

Wednesday 11th March 2026 Lords Chamber

[Lord Lucas (Con)]

My Lords, after that, I had better begin by confessing a misdemeanour. Many years ago, I added my terrier’s name to the census as a “rodent operative” and gave her age in dog years. That illustrates that it is important that when we are gathering data it is, by and large, reliable.

In fact, the principles of GDPR should surely lead us to say that we have no business collecting personal data from people if we are not going to use it. If we are collecting data that is so remarkably corrupt as some of the data that the noble Lord, Lord Strasburger, talked about, it is useless. It tells us nothing about what is going on in society. It has no function—there is no valid use we can make of that data—so we should not be collecting it.

The first question for the police and the Government to ask themselves is whether they need the data. Do they actually need to record sex in all crimes and for all victims. If so, what will they use that data for? If they are going to use it, is it not important that it is accurate? They should choose, therefore, what data they record according to the use they are going to make of it. I therefore have a lot of sympathy with Amendments 406 and 407. I am, despite my past bad behaviour, in favour of accurate data.

I end by giving the noble Lord, Lord Strasburger, a moment’s comfort. Once an amendment is on the Marshalled List, it is the property of the House—anybody can move it or address it.

[The Earl of Effingham (Con)]

My Lords, I wish to speak incredibly briefly, purely because the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Strasburger, mentioned the noble Baroness, Lady Cash. She personally spoke to the noble Lords, Lord Hanson and Lord Katz, and she apologises. She was otherwise detained and sends her regrets.

[Lord Paddick (Non-Afl)]

My Lords, as I said earlier, I am a paid adviser to the Metropolitan Police. However, I have not discussed this subject with the police; these are my personal views.

With regard to Amendments 406 and 407, from my operational policing experience I know that the proportion of transgender men and women in the general population is very small. The proportion of offenders who are transgender is even smaller, and the number of transgender people who are convicted of violence is tiny. The number of criminal offences committed by transgender people is neither statistically nor operationally significant for the police.

On victim data, the most important operationally useful data for the police in relation to hate crime is how the victim identifies themselves. For other offences, it is what motivated the assailant—that is, what did the assailant perceive the victim to be? Did the assailant perceive the person to be female, in which case it is misogyny? Did they perceive the victim to be transgender, in which case it is transphobia? The birth sex of the victim is not that operationally significant for the police, nor is it likely to be statistically significant.