Equipment Theft (Prevention) Bill

Debate between Grahame Morris and Greg Smith

Committee stage
Wednesday 1st February 2023 Public Bill Committees

[Greg Smith]

I am grateful to my hon. Friend for her support. I discussed the Bill with her in some depth during its creation, and I am grateful for her input in getting it this far.

Let me briefly explain what each of the clauses is designed to do. Clause 1 provides a power for the Secretary of State to make regulations to restrict the sale of equipment where certain requirements have not been met. The requirements are set out in clause 1(3), including that the equipment is fitted with an immobiliser, a unique identifier and

“a visible indication that it is marked with a unique identifier.”

Clause 1(2)(a) defines machinery to allow the provision to cover all-terrain vehicles such as quad bikes. Clause 1(2)(b) allows regulations to specify

“other equipment designed or adapted primarily for use in agricultural or commercial activities”—

for example, in the construction sector, or tools and equipment used by tradespeople. Clause 1(4) states that the provisions cannot relate to sales of equipment within the supply chain—for example, from a manufacturer to a trader—as the Bill is very much about the point of sale to the end user. I urge the Committee that the clause should stand part of the Bill.

Clause 2 provides a power for the Secretary of State to make regulations to specify information to be recorded in connection with the sale—for example, the owner’s contact details and details of the specific forensic marking. At this point, it is important to note that there are many different types of forensic marking in the marketplace. The Bill does not seek to say one is necessarily better than the others—that is for the regulations that will be set out through secondary legislation in conjunction with negotiation with the industry. The regulations may include

“when the information must be recorded”,

how long it must be kept and what form it must be kept in. For example, the regulations may specify that the information must be held in an online database. In practice, I expect the information will be registered on the database maintained by the company whose forensic marking product has been used, rather than some form of new, national database. Clause 2(4) excludes second-hand equipment or sales within the supply chain. I commend the clause to the Committee.

Clause 3 covers enforcement of the legislation in the event of non-compliance. Clause 3(1) creates the offence. A person commits an offence if they sell equipment in breach of the requirements imposed by the regulations made under clause 1 or clause 2.

[Grahame Morris (Easington) (Lab)]

I congratulate the hon. Gentleman on bringing the Bill forward, and I am pleased to support it. I want to point out, particularly to the Minister, that while the losses that the farming community suffer are terrible, and it is awful when criminals benefit from the subsequent sale of this equipment, another dimension is its use for antisocial purposes, particularly in constituencies such as mine, where quad bikes are being used to terrorise communities. These individuals are using cycleways and cycle paths, and the police find it incredibly difficult to apprehend them, because they are really reckless in their use of these quad bikes. If, through the Bill, we can stop those individuals getting their hands on these all-terrain vehicles, it is to be welcomed, and I am happy to support it.

[Greg Smith]

I am grateful to the hon. Gentleman for his intervention. We work well together on the Transport Committee, and it is a pleasure to work with him on the Bill. He makes an excellent point. The immobiliser and unique key provisions in the Bill are the most critical to preventing the antisocial use of stolen quad bikes. As I said on Second Reading, at the moment it is far too common for a key for a particular manufacturer’s quad bike to be able to start all of them. If we make it far more difficult for opportunist thieves and those who wish to go joyriding in an antisocial manner to be able to start the things in the first place, it will cut down on that antisocial use.