Crime and Policing Bill (Fifth sitting)

Joe Robertson Excerpts

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[Matt Vickers]

We have talked about the failure rate of modern facial recognition technology, and the number of instances in which it gets it wrong is minute. Every study we do on modern kit tells us that it results in very little error. It is virtually foolproof. There have been all sorts of noises about previous incarnations of the technology, but the most modern technology that we are using with our police forces now comes with very little fault and can be game-changing for the police.

The commitment to invest in facial recognition was a four-year investment. We have now seen a change of Government, but I know the Minister understands the huge value that facial recognition can have to the police, so I wondered whether the incumbent Government will continue with the specific funding commitment in full. Yes, lots of work has gone in and this offence will not solve all problems or necessarily have an immediate impact, but it represents a huge and important step forward. I am glad it has been taken forward by the incumbent Government and hope it will have a real impact to improve the lives of those important key workers in high streets and stores across the country.

Our retail workers define what it means to be a key worker: essential to the everyday lives of everyone. They often work the longest hours, not necessarily for the best pay, but are relied on by the public to keep their lives and the country going. For those living alone and isolated, they may be the only regular interaction they have. Our stores and town centres sit at the heart of our communities and give us a sense of place and identity. When they become dangerous and lawless, it is the saddest of signs and has real consequences for society.

According to the British Retail Consortium crime survey 2025, there are 2,000 incidents of assault on retail workers—not every month, not every week, but every single day. That figure has gone up by 50% in the last year, totalling 737,000 incidents in a year. More worryingly, 45,000 of those incidents were violent—equivalent to more than 124 incidents a day. There were over 25,000 incidents involving a weapon—that is 70 a day—and, devastatingly, that figure was up by 180% on the previous year. The survey went on to say,

“61% of retailers rate the police response to retail crime overall as poor or very poor, the same as last year, but over a third (39%) rated it as fair, good or excellent, including 3% as excellent for the first time in some years”.

In response to the report, British Retail Consortium chief exec, Helen Dickinson said,

“Behind these numbers lies a harsher truth for the people who work in our industry. Colleagues have been punched, stabbed, spat on, while having racist, misogynistic, and generally vile abuse hurled at them. These incidents can inflict serious mental and physical trauma that lasts a lifetime. The idea that any retail workers might be going to work fearing for their safety, never knowing the next time another incident may occur, should deeply concern all of us. Violence and abuse should never be part of the job.”

A colleague survey by the Association of Convenience Stores found that 87% of store colleagues had experienced verbal abuse, with over 1.2 million incidents, and 59% of retailers believe that antisocial behaviour, in or around their store, has increased over the past year. The association’s crime report also found that only 36% of crime is reported by retailers. Retailers said that they do not always report crime, and the top three reasons were, first,

“No confidence in a follow up investigation”,

secondly,

“The time it takes to file and process reports”

and thirdly,

“Perceived lack of interest from police”.

Retail workers are ordinary people going to work to earn a living, and they should be able to do so without fear of crime. Very often, they are students getting their first job stacking shelves or the semi-retired keeping themselves active, topping up their incomes to get something nice for their grandkids. To demonstrate the impact and consequences of retail crime and the value of the measures being debated, I want to share the views of some of those amazing frontline retail workers. Joshua James, an independent retailer, said:

“The high levels of verbal abuse and antisocial behaviour we are experiencing in store is both upsetting for our team members and negatively impacting their morale. Our main priority will always be their safety and that is why we have had to resort to tactics including implementing safety and preventative technologies and adjusting procedures to help the team feel safer at work. The sad truth behind this is it’s a selfish approach, as we know when these individuals stop targeting us, it’s only because they have moved onto another store.”

Amit Puntambekar from Nisa Local in Fenstanton described how he feels about the support he does not receive from the police:

“When your staff are threatened with a hammer, when someone threatens to kill you who lives near your shop and the police don’t take it seriously, what’s the point?”

In recent years during this campaign, I have had people ask me, “Why should things be different if you assault a retail worker as opposed to any other member of the public?” Retail workers are not assaulted because they wear a Tesco uniform or an Aldi shirt. They usually get assaulted for upholding the rules, which are often set by Parliament, but if they do not uphold those rules, they can face serious sanctions and consequences—for example, for failing to verify age for the purchase of knives or alcohol. Parliament and the Government impose statutory duties on our retail workers, and it is only right that we back them with statutory protections.

The Association of Convenience Stores 2025 crime survey found the top three triggers for assaults on retail workers were: encountering shop thieves; enforcing an age-restricted sales policy; and refusal to serve an intoxicated customer—which, of course, is another responsibility imposed on them by Parliament.

[Joe Robertson (Isle of Wight East) (Con)]

My hon. Friend paints a disturbing picture of this significant problem, in many cases using the statistics. I worry that perhaps there is not the awareness within the general public—although there certainly will be among some people—of this crime compared with other crimes. Of course, this law will help to address that, but does he agree that we all share responsibility to ensure that there is better public awareness of this issue so that we can all play our small part in better supporting retail workers?

[Matt Vickers]

Hugely so. The likes of the BRC have run many campaigns to try to get people to shop in a more friendly and responsible way. The reality is that these places are at the heart of the community. If things are going to pot in the high street and the local shop, that undermines all the societal norms that young people might see when they go to the shop—and they then start to live in a different kind of world. There are obviously huge consequences. My hon. Friend is right; it is down to everybody to see this issue for the problem that it is.

Retailers and people who work in the sector say that it does not feel like the police see this problem as a priority. It always seems to be the last on the list. We understand that the police have a huge number of competing priorities on their time and energy, but when it comes down to it, this is a really big deal to the people who get assaulted in their workplace and have to go back there the next day, knowing that they might have to face that self-same crime.

Assaulting a retail worker, alongside assaulting the many other workers who provide a service to the public, is already a statutory offence. New clause 20 makes the case for wholesale workers to be added to the protections in the Bill. Many of us will have heard the case for similar protections for retail delivery drivers who face assault. The Federation of Wholesale Distributors is leading that campaign, stressing the urgent need for the inclusion of all wholesale workers in the stand-alone offence of assaulting or abusing a retail worker.

The Federation of Wholesale Distributors is the member organisation for UK food and drink wholesalers, operating in the grocery and food service markets, supplying retail and caterers via collect, delivery and online. Its members supply to up to 330,000 food service businesses and 72,000 retail grocery stores, supporting local high streets and businesses, large and small, across the UK.

The wholesale sector generates annual revenues of £36 billion, employs 60,000 people, and produces £3 billion of gross value added to the UK economy annually. Approximately £10 billion of that trade goes through cash and carry depots, where staff are increasingly vulnerable to criminal activities, particularly involving high-value goods, such as alcohol and tobacco. According to the FWD’s most recent crime survey, 100% of wholesalers surveyed identified crime as one of their foremost concerns, primarily attributed to what they perceive as “inadequate police responsiveness”. It argues:

“Despite substantial investments in crime prevention measures, wholesalers require stronger support from both the Government and law enforcement.”

Although it welcomes the Government’s commitment to tackling retail crime, it remains

“deeply concerned that the Bill does not extend protections to the majority of wholesale workers.”

The Bill’s current definition excludes 98% of wholesalers—those operating on a business-to-business basis—from the proposed protections. As a result, a significant number of wholesale workers remain unprotected.

Wholesale workers play a vital role in local economies and essential supply chains, ensuring the distribution of food and drink to businesses, hospitals, schools and care homes. It is argued that by leaving them out of the protections in the Bill, their safety, and the sector’s resilience, are compromised. They suggest a more inclusive definition under the stand-alone offence would better safeguard vulnerable workers and strengthen the wholesale sector. I am very keen to understand whether the Minister has considered the proposal on wholesale workers, what her perspective and thoughts on the matter are, and whether she will consider adding it during the passage of the Bill.

I turn to the assault on retail workers when delivering items, which USDAW has campaigned on. As the economy has shifted, the scope of retail has expanded; it is not merely contained within premises in the way that it used to be. Many of the most effective retail companies have a strategy that encompasses the high street and online sales, and consequently those who conduct home delivery are part of the retail landscape. A serious and broader question is whether those who deliver need greater protection. We may need to emphasise the need for prosecution when those individuals are assaulted; alternatively, we may need to introduce further laws. I am again keen to understand whether the Minister has considered the proposal on delivery drivers, what her perspective and thoughts on the matter are, and whether she would consider adding it during the passage of the Bill.

[Joe Robertson]

Of course, I agree with my hon. Friend’s comments about delivery drivers. I do not wish to criticise the Minister this early in the day, but it seems to me that the excuse for not extending the provisions is that this was not in the Labour manifesto. I am not sure she needs to worry about that; it is not something that the public worry about. If it is the right thing to do, she should include them. Does my hon. Friend have anything further to say on that?

[Matt Vickers]

I very much agree. Delivery drivers go out to alien environments—they could be delivering at the end of some lane in the middle of the countryside somewhere with no one in sight—so they are at substantial risk. I am sure the Minister will tell me that the proposal was not in the previous Criminal Justice Bill, but it has come forward and USDAW has made a good case. We should definitely listen and consider it, and I hope the Minister will give us her thoughts about where we should go with that.

As well as suggesting widening the scope of the provisions to include retail home delivery drivers, USDAW has submitted written evidence suggesting that the Bill could be improved in other ways by widening its scope to include incidents of abuse and threats, and an aggravating factor for incidents following retail workers enforcing statutory requirements, such as age-related restrictions. That would mirror what USDAW considers to be the successful Scottish provisions. Will the Minister comment on those ideas—in particular, an aggravating factor for incidents that come as a result of the enforcing of statutory requirements, and the inclusion of abuse and threats?

During evidence, we heard some queries about whether the inclusion of the assault clause in the Bill is necessary. The former Lord Chancellor highlighted that there has been a departure from what he described as a

“rather interesting amendment tabled in the previous Session to the 2023-24 Criminal Justice Bill by, I think, the hon. Member for Nottingham North and Kimberley (Alex Norris)”.

He said:

“It sought to amend the law to increase protections for shop workers, but with an important expansion: the offence would be not just an assault, but a threatening or abuse offence as well, which would encompass some of the public order concerns that many of us have about shop premises, corner shops and sole proprietor retail outlets. Yet, we have gone back here to a straight assault clause, which in my mind does not seem to add anything to the criminal code at all.” ––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 18, Q28.]

That lack of a significant change is noted in the economic note, which states:

“The impact of this new offence is limited as assault on retail workers is already an offence covered under wider assault charges and these cases would have been prosecuted, processed, and determined in the same way without the new offence. Increased costs are only expected through the additional consequence of CBOs for offenders and their possible breaches…There is no definitive evidence that the creation of this new offence will lead to an increase or decrease in the number of assaults on retail workers. The timing of any possible effects is also uncertain”.

That is not to speak against the measure.

[Joe Robertson]

Does my hon. Friend agree that delivery drivers are particularly vulnerable, given that they often work on their own in an unfamiliar place, and go to addresses they have not been to before, so there are some very strong stand-alone arguments for including them within the protections of the Bill in a stronger, more effective way?

[Matt Vickers]

My hon. Friend makes a valid point. People often order stuff to be delivered to their house; an Uber Eats driver might turn up at whatever time of the night. The people who arrive tend to turn up when people are not at work, so they could be there of an evening, when it is dark or at inconvenient times, when the risk is probably higher. They could be in any setting, and it will be unfamiliar to them but familiar to whoever they happen to be visiting. We have to give some thought to this issue, and I am interested in what the Minister will have to say on it.

This is not to speak against the measure, but is the Minister confident that it is drafted in a manner that will reduce assaults against shop workers, as well as abuse and threats? Could it be broader, to encompass antisocial behaviours that have no place on our streets? I am delighted that the incumbent Government are continuing with the proposals of their predecessor in creating this stand-alone offence, but we wish to make some proposals for improving it.

First, amendment 29 would require the courts to make a community order against repeat offenders for retail crime in order to restrict the offenders’ liberty. A huge amount of such crime is committed by repeat offenders. I would be grateful if the Minister could give us her perspective on the proposal.

We are grateful that the proposals from the last Government’s Criminal Justice Bill are being brought forward in this Bill, but I was disappointed that the new legislation does not include the mandatory requirement for a ban, electronic tag or curfew to be imposed on those committing a third offence of either shoplifting or assaulting a retail worker. Many retailers believe that this would ensure that the response to third offences would be stepped up, and would provide retail workers with much-needed respite from repeat offenders. To this end, we tabled new clause 26. Again, I would be grateful for the Minister’s view on it, and for her rationale for what some might consider a watering-down of the sanctions.

I note that clause 15 sets out that those under the age of 18 will not be subject to a criminal behaviour order. Will the Minister comment on the frequency of involvement in retail crime by under-18s? Why are criminal behaviour orders not necessary to deter them?

One of the points made about the stand-alone offence, over and above the sanction and the consequence, is that it is about increasing police response time, as well as accountability and transparency. By having a stand-alone offence, we will have data on where and how often these things occur, and we can then measure where the police are and are not taking the required action. On that basis, has the Minister given any thought to how to manage that data, how we might hold to account police forces with the greatest volume of such offences and how we can look at ensuring that all police forces have a consistent response?

--- Later in debate ---

[Jo Platt]

I absolutely agree with my hon. Friend. Threats, abuse and violence should never be accepted as part of the job. Nationally, the scale of the problem is alarming. USDAW’s latest survey found that 69% of retail workers had been verbally abused in the past year, 45% had been threatened and 17% had been assaulted. Some have been hit with trolleys and baskets, and female staff have reported appalling levels of harassment, which cannot go on. That is why clauses 14 and 15 are so important. They will provide retail workers with the legal protections they deserve and ensure that those who abuse, threaten or assault face real consequences.

Crucially, the Bill also extends the protections to volunteers, many of whom play a vital role in the Leigh and Atherton charity sector. No one who gives their time to help others should have to fear for their safety. The campaign started on the shop floor and now it has reached the Floor of Parliament. As a Co-operative member, I welcome the provisions as the result of years of determined campaigning. With this Bill we take an essential step towards making our town centres safer and showing shop workers that they are respected, protected and valued. Tackling retail crime is a vital step in rebuilding pride and belonging in all our communities.

[Joe Robertson]

It is a pleasure to serve on the Committee under your chairship, Dr Allin-Khan. There is agreement in this room about the problem that the Bill seeks to address. I commend my hon. Friend the Member for Stockton West for his excellent but all too brief speech a few moments ago. If I may, I will start by citing Matthew Barber, the police and crime commissioner for Thames Valley police. Referring to the legislation that already exists, he rightly states:

“It is an offence to assault a retail worker. In the same way that it is an offence to assault any member of the public. Indeed current legislation already allows for someone’s role as a retail worker to be considered as an aggravating factor”.

There are four areas of law whereby a retail worker who has been assaulted might currently have protection. There is assault, unlawful wounding or grievous bodily harm under the common law or the Offences against the Person Act 1861—notice how old that law is; I do not think this room has changed much since then—harassment or putting people in fear of violence under the Protection from Harassment Act 1997; affray or threatening or abusive behaviour under the Public Order Act 1986; and robbery under the Theft Act 1968.

The point that retail workers are in a particularly vulnerable situation has been clearly articulated. That is why these laws, which are good at achieving the aims that they were originally passed for, can leave defects when it comes to ensuring the protection of retail workers.

--- Later in debate ---

[Jack Rankin]

indicated assent.

[Joe Robertson]

I am glad that my hon. Friend the Member for Windsor, from a sedentary position, has endorsed my constituency, which is not only a tourist destination but a place that has a much higher population in summer, and retail workers are at the frontline in towns such as Ryde, Sandown, Shanklin and Ventnor. Although we are a small coastal community—we do not have big towns or a big population centre—retail crime is still a problem. It is a crime that I imagine affects all constituencies in the UK to a greater or lesser extent, and we certainly should not think of it as a city or large town-only issue. In fact, I ponder whether it can be, in some cases, more impactful in smaller communities, where people might be more likely to know each other and there is a sense of intimidation from such behaviour.

Retail crime can also lead to a more destructive environment or a sense of lawlessness if it goes unchecked, as well as all sorts of knock-on effects with antisocial behaviour. We definitely see some of that in my constituency, where certain prolific individuals feel that if the police have not responded the first few times, they are likely not to respond again. Certainly in my anecdotal experience, it is actually a few prolific offenders who are particularly responsible for a large number of these incidents. I urge the Government to take all views of the Committee into account, as we all want to achieve the same objectives.

[Luke Taylor (Sutton and Cheam) (LD)]

As I am interested in moving on, because I was sent by my residents to get on with business, I will not be eking this out because we did not do our homework or table our amendments in time.

I agree with the hon. Member for Gordon and Buchan about delivery workers and retail workers, in the broader sense of the word. There is an opportunity here to reflect the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021, which covers retail workers when they are in people’s homes. We heard evidence from Christopher Morris and Graham Wynn that there is a really good chance to do that here. I understand the Minister’s explanation that there is a lot in the Bill, and that we need to ensure that it is neat and firm and delivers what it is supposed to deliver, but I again urge us to take this opportunity if we can.

I will now mention something that is very important to my residents, and that we have been looking at—tool theft, and how we can stretch the definition of retail workers and place of work. Again, I understand the Minister’s reluctance. I am sure that it is not because she has any lack of desire to solve issues in that space; the question is just about the Bill’s ability to do so. I understand that, but given the campaigning that a number of her colleagues have done in that space, I think there is a real opportunity here to do what we can to include the protection of hard-working tradespeople, and not only when they are in people’s homes.

The example that I gave in the evidence session was of retail workers delivering a dishwasher and installing it in somebody’s home. The question was whether, in somebody’s home, they would be classed as a retail worker under the measures in the Bill. There is a real opportunity to include those people and, if possible, to extend the provision to tradespeople who are doing work in people’s homes and then have tools and equipment necessary for their jobs subject to theft. They are also, as we are hearing, quite often subject to assault while defending their tools, and there is a real risk that they are criminalised for acting to protect their livelihood, because obviously this is not just theft—I mean “just” in the broadest possible terms. It is not having one’s phone stolen or, as heartbreaking as it is—I have suffered it myself—having one’s bike stolen. This is someone’s livelihood—their ability to support their family; so whatever we can do to extend the scope of the measure to protect those incredibly hard-working tradespeople and workers, we should do.

--- Later in debate ---

[Dame Diana Johnson]

I thank the shadow Minister, the hon. Member for Stockton West, for his extensive speech in this short debate, setting out in great detail the background and history of how we have reached the position that we are in today. I feel that with some of the contributions we visited every retail outlet in the country. As the shadow Minister asked me a number of questions, I will deal with those at the outset. It is a shame that, despite what he said, the fact is that in 14 years the previous Government did not deliver on introducing this provision.

On what the hon. Member for Isle of Wight East said, the reason I pointed out that this was a manifesto commitment was to show that this Government, in our first Home Office Bill, are actually delivering on what we said we would do. I will go on to deal with some of the points that he and other hon. Members raised.

[Joe Robertson]

I wish to clarify for the Minister that I am criticising not the Government’s commitment to bring forward the Bill but the suggestion that something cannot go into the Bill because it was not in the Labour manifesto. I am sure that she is about to address that point.

[Dame Diana Johnson]

The hon. Member is right that I will address that point in due course.

The shadow Minister referred to live facial recognition, but there are some provisions on that—new clauses 19 and 29—which I think will provide the best opportunity to discuss those points. He will know of my commitment to using live facial recognition where appropriate, with the necessary policing safeguards.

In response to the remarks about the offence set out in Scottish legislation on abuse, threats and aggravating factors, it is fair to say that, as the Minister, I am looking carefully at what other countries have legislated for. I keep that under review and will continue to do so throughout the course of the Bill’s passage.