Crime and Policing Bill (Fourth sitting)

Jack Rankin Excerpts

Committee stage
Tuesday 1st April 2025 Public Bill Committees

[Luke Taylor]

We welcome measures to combat fly-tipping. As my hon. Friend the Member for Frome and East Somerset has already mentioned, the problem is particularly concerning for rural landowners and farmers, who often have to deal with the cost of this environmental crime on their land. Amendment 4 intends to give parliamentary oversight and democratic control over the guidance. That is a good thing, which we should all support. However, I understand the concerns about delays. I think there is a balance between accountability, parliamentary approval and delays. I will be interested to hear the Minister’s comments on that.

[Jack Rankin (Windsor) (Con)]

I am glad to see clause 9 because, as several hon. Members on the Opposition Benches have mentioned, fly-tipping is a particular problem in many rural constituencies. In Berkshire, where the majority of my seat lies, there were 7,700 instances of fly-tipping in 2023-24. We are a small county, but that is 20 reports a day. In the royal borough of Windsor and Maidenhead, where most of my constituency is, the figure rose to 1,902 in the past year, which is up 52% on the year before, when we had 1,249. The issue is of greater prevalence than in the past, and I welcome the Government including clauses to try to make a difference.

We have also seen a change in the nature of fly-tipping. Two or three years ago, in Berkshire, most of it was on council land, in car parks or parks, in the hope that the local authority might pick it up, but now we see what might be called smaller-scale highways incidents, with the dumping of waste on public roads, pavements or grass verges. In the past year, 778 of the 900 instances in the royal borough consisted of what were described as a car boot or less. To me, that indicates a prevalence of individuals or waste from small-scale dumpsters, perhaps from small businesses—perhaps we are seeing fewer large-scale illegal waste operations. I put that very much in the bucket of antisocial behaviour.

As my hon. Friend the Member for Stockton West and the hon. Member for Frome and East Somerset said, that is a particular concern to local farmers. I will quote Colin Rayner, a constituent of mine and a farmer. I will first declare an interest, that Colin is a personal friend and the president of Windsor Conservatives, but he is well placed and I pick him for his expertise rather than my relationship with him. To quote the Maidenhead Advertiser, he said that

“the family farms have incidents of fly-tipping every day, from a bag of garden waste to lorry loads of waste…‘We have made our farms into medieval forts to try to reduce large loads of waste been tipped on the farms’.”

He has also spoken to me about the cost to his business of extra security and, indeed, of the cleaning up.

That last point is why I welcome the amendment moved by the Opposition to make the cost sit with the offender and not with the landowner. It is not appropriate that Mr Rayner and his companies pay; the person who is offending should. Also, new clause 24 on driving licences, tabled by my hon. Friend the Member for Stockton West, seems to be a way to get at just such small-scale operations. That might be something that is tangible and real to a small business or an individual doing the fly-tipping. I absolutely welcome the amendment and the new clause.

When the guidance comes forward, I encourage the Minister to be as tough as possible—which I think is her intent, but perhaps she will speak to that in her wind-up. We should use the power to search and seize vehicles in the case of persistent offenders. I want to see serious fixed penalty notices for people caught fly-tipping, and I want extra powers of investigation and prosecution. I will welcome the Minister’s comments.

[Dr Sullivan]

Fly-tipping is a blight on our communities—I think we all share that view. The misconception is that fly-tipping is small scale, but it is committed by criminals and unscrupulous small waste-removal businesses that can have links to organised crime. It is a huge money-making machine. It is an issue that local authorities have had to grapple with for many decades. In many cases, it has been worsened by environmental measures and stronger recycling and waste collection rules.

I pay tribute and give credit to my local authority, Gravesham borough council. In 2019, it set out a bold antisocial behaviour strategy, which looked at fly-tipping at its source and at its heart. In 2020, the council set up the environment enforcement team, which has used a variety of different techniques to prevent, to tackle, to educate and to prosecute. Since then, 386 community protection warnings, 50 fly-tipping fines and 12 duty-of-care fines for waste carriage breaches have been issued, as well as 39 cases resulting in successful prosecutions in court.

The council and its media team work closely with Kent police to raise awareness and deter potential offenders. I would like to put on record my thanks to its team. The council was able to take that action because of past legislation, including the Anti-social Behaviour Act 2003, the Anti-social Behaviour, Crime and Policing Act 2014 and the Clean Neighbourhoods and Environment Act 2005. I could go on, but there are now many legislative options for local authorities to tackle the issue and take people to court. Where fines are handed out, there is an issue with the backlog in the courts, but I know that the Minister is looking at streamlining some of those court issues, which arose from the neglect of the last 14 years.

--- Later in debate ---

[Jack Rankin]

Clause 10 introduces a new offence of

“possessing an article with a blade or point or offensive weapon with intent to use unlawful violence…to cause another person to believe that unlawful violence will be used…or…to cause serious unlawful damage”.

The introduction of this new offence bridges the gap between being in possession of a bladed article or offensive weapon and threatening somebody with a bladed article or offensive weapon. I commend the intent of the clause wholeheartedly, and thank the Government for it.

I do, however, support amendment 39 and new clause 44, tabled by my hon. Friend the Member for Stockton West, although I do thank the hon. Member for Cardiff West for his thoughtful interaction, which has given me pause to consider how these might interact. Perhaps in his summing up the Minister could comment on where, between the two of us, the truth lies.

As the hon. Member for Cardiff West mentioned, the two measures that have been tabled by the Opposition attempt to bring forward some of the recommendations from the report by Jonathan Hall KC, the independent reviewer of terrorism legislation, following the heinous Southport attack—and I would like to associate myself with hon. Members’ comments of sympathy with those families. I have had cause to read that report, which I had not done ahead of this Bill Committee. I will quote relatively extensively from page 27, which I think is appropriate given the serious nature of these matters. Paragraph 5.25 says:

“Firstly, possession of an article in private where it is held with intent to carry out a mass casualty attack or other offence of extreme violence. Aside from firearms, it is not, with some limited exceptions, an offence to possess a weapon in private…One can envisage a scenario in which the police, acting on intelligence, find a crossbow, notes about a proposed attack, and material idolising the Columbine killers. At present, the defendant might be arrested on suspicion of terrorism but could not be prosecuted for this conduct. The government is proposing an offence of possessing an offensive weapon in public or in private with intent for violence, with a maximum of 4 years imprisonment in the Crime and Policing Bill.”

As the hon. Member for Cardiff West also quoted, the report goes on to state:

“This offence appears to fill an important gap, although where a killing is contemplated, the available penalty appears too low for long-term disruption through lengthy imprisonment.”

From my understanding, in changing that maximum sentence from four to 14 years, the Opposition’s amendment 39 seems to be an expert-led example of where we are trying to constructively add to the Government’s legislation.

New clause 44 seeks to fill a gap, given the need for a more general offence on planning mass casualty attacks, outside of terrorism legislation. Again, I will quote from Jonathan Hall KC’s report. He says on page 28, in paragraph 5.26:

“The law is flexible where multiple individuals are involved. It is therefore an offence for two individuals to make an agreement (conspiracy to murder), for one individual to encourage or assist another, or for murder to be solicited, even though the contemplated attack is never carried out. But it not an offence to prepare for an attack on one’s own unless sufficient steps are taken that the conduct amounts to an attempt. This means that no prosecution would be available if the police raided an address and found careful handwritten but uncommunicated plans for carrying out a massacre.

By contrast, under terrorism legislation it is an offence to engage in any preparatory conduct with the intention of committing acts of terrorism. This includes making written plans. The fact that the prosecution must prove terrorism, not just intended violence, is some sort of safeguard against overbroad criminal liability.”

It seems to me that new clause 44 is an attempt to close that gap. I welcome clause 10, but our amendment and new clause simply reflect the suggestions of the KC, who wrote quite a considered report. I would welcome the Minister’s reflections on that.

[Matt Bishop (Forest of Dean) (Lab)]

Something that I think we in this House agree on, that I know the police agree on, and that I think the wider public agree on—hon. Members might hear me say this a lot in Committee—is that prevention is always better than detection. I rise to speak having lost, in my previous career, a close colleague and friend to a crime involving an offensive weapon. I only wish we could have prevented that incident.

In essence, the clause is about preventing violence before it occurs. It strengthens penalties for repeat offenders, and aligns with the Government’s broader goal of making communities safer by addressing growing concerns around weapon possession and use in violent crimes. Given the increasing prevalence of offensive weapons such as knives, bladed articles or even corrosive substances, the Bill updates the law to better reflect modern threats. By including a broader range of dangerous items and increasing the focus on intent, the Bill addresses the changing patterns of criminal activity.

I am particularly pleased that the intent provision covers the possession of a corrosive substance, given the rise in acid attacks across the UK. This change is crucial to addressing the growing threat of individuals carrying dangerous substances, such as acid or other corrosive materials, with the intention to cause harm or instil fear. The reference to intent highlights the Government’s commitment to protecting citizens. By targeting the intention to cause harm before it escalates, the clause will help to prevent violent crime and make communities safer.

Clause 11 is vital in addressing the growing severity of offences relating to offensive weapons, including the possession, sale and manufacture of dangerous weapons. By increasing the maximum penalty from six months’ to two years’ imprisonment, the clause will significantly strengthen the deterrence against these crimes and ensure that offenders face stringent consequences. The introduction of either-way offences—allowing cases to be tried in either magistrates courts or the Crown court—will provide the police with additional time to investigate and gather sufficient evidence. That will improve the effectiveness of the justice system in tackling weapon-related crimes, reduce the availability of dangerous weapons and, ultimately, enhance public safety. It will also give police confidence in the laws that they are trying to uphold.

Finally, I broadly support the intent and understand the sentiments behind new clause 44. However, having sat on the Terrorism (Protection of Premises) Bill Committee, which dealt with Martyn’s law, I believe that this issue has been covered elsewhere, as my hon. Friend the Member for Cardiff West said. I therefore do not think it is needed.