Police, Crime, Sentencing and Courts Bill

Lord Beith Excerpts

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I shall speak to Amendment 263, to which I was pleased to attach my name. I thank the noble Lord, Lord Coaker, for tabling it and providing a very clear introduction. I welcome the support of the noble Baroness, Lady Neville-Rolfe, for the amendment as well. I should declare, since we are doing lots of declarations, that I am a supporter of the Institute of Customer Service “Service with Respect” campaign, to add to our collection of organisations involved in this process.

We have already covered this in some detail, so I want to add just a couple of points. The noble Lord, Lord Coaker, referred to the fact that legislation is being introduced in Scotland already, and it is important to stress that part of that is an aggravating offence—if people have been trying to enforce the law, for example on the purchase of alcohol, et cetera. That makes the very important point that we are asking retail workers, who are often very low-paid and may not have much in the way of protection, to enforce the law for us, and that needs to be acknowledged in the law.

A lot of this discussion has focused on how difficult things have been during the Covid pandemic, and that is obviously true, but there is a really important figure from the British Retail Consortium in 2019, so it is pre-pandemic. There were 455 incidents a day, up 7% on the previous year, so this is not just some Covid situation that might disappear should the pandemic disappear; this is a long-term trend. A recent survey, also by the British Retail Consortium, of 2,000 workers over 12 months showed that 92% had experienced verbal abuse, 70% had been threatened and 14% had been assaulted. This really has to be described as an epidemic—it is a word we hear a lot, but this is definitely very much the case.

I also stress—here I may depart from the noble Baroness, Lady Neville-Rolfe—that changing the law, which has been called for on all sides of the Committee, does not excuse employers from doing more, particularly large employers who have the resources to provide security. By the nature of my job, I very often travel late at night, having been speaking at a public meeting and catching the train home. I go into chain stores on those occasions and I often see very young workers, sometimes on their own, looking and clearly feeling very exposed and very much in danger. I think that often they do not have adequate security.

There is also a question to be asked, particularly of employers, about ensuring that these workers are paid properly, treated with respect and have decent conditions. That will affect the way the whole of society look at these workers, and, I hope, the way they get treated.

Amendment 263 is important. As has been widely said, there is a huge amount of support for it, but it does not excuse employers from doing much more. I also say that while I understand the impulse behind Amendment 264, I do not think that is the way forward. We know that we have a record prison population—it is something we have debated in other parts of the Bill—and that prison is not working, so just to have the knee-jerk reaction of, “Let’s make the sentences longer”, is not the answer. There has to be a recognition of the fact that these crucial workers need protection through some form of Amendment 263.

[Lord Beith (LD)]

My Lords, I very much agree with noble Lords who have said so much about the retail workers on whom we have depended so greatly and will continue to depend in the future and who face so many instances of assault and attack. The campaigns that this has generated show just how seriously we take this, but I have to ask, particularly in the light of Victoria Atkins’s commitment in the Commons, whether the Government have identified a serious gap in the law, filling which would alter the situation materially for the better, or whether the worst of the problem arises from inadequate police response to incidents. The noble Lord, Lord Coaker, quoted figures for that. Perhaps there is an inadequate police presence in areas where this kind of attack is prevalent, or perhaps the inadequacy comes, in some cases, from the Crown Prosecution Service about cases that should be brought to court.

This kind of attack is affecting retail workers in a number of different situations. Some of it is drug related, with people desperately trying to get money to pay for their drugs and attacking shopworkers when they are found stealing goods from a shop. Some of it is alcohol related and alcohol enforcement related, as the noble Lord, Lord Coaker, and the noble Baroness, Lady Bennett, have pointed out, whereby shop workers have simply been trying to enforce the law. Where I live at the border with Scotland the issue is more complicated because the law is different on either side of the border.

Some of it is even hate crime of which ethnic-minority shop owners have been the victims. That is so awful when one thinks of the incredible contribution that, for example, Ugandan and Kenyan Asians have made in providing retail services at all hours of the day and night in all sorts of communities, including in some of the most difficult areas. Those shop owners deserve our support and protection, but we need to know how best to provide that.

One my concerns about the amendments and the approach taken so far, which is perhaps a tribute to the effective campaigning of retail workers and their organisations and representatives, is that a number of other groups of people who deal with and serve the public are also exposed. My mind turns to the staff of estate agents, for example—the Suzy Lamplugh case is a vivid reminder. It is not clear whether such staff are covered by the retail workers’ provision. They may be, but I am far from certain. I also think of transport staff, housing officers, local authority planning officers and even parking wardens. It is sometimes seen as some kind of joke to laugh at parking wardens and at how angry people get at them. Any kind of harassment or attack on people who are serving the public is no joke at all and requires the attention of government.

As the noble Baroness, Lady Bennett, pointed out, however, that attention is not necessarily best served by simply putting in longer maximum prison sentences, thereby creating sentence inflation and generating far more expenditure on prison, which could perhaps be better spent on policing and community support of various kinds, including activities directed at young people in local communities who are drawn into violence. We need to look at what else we can do in terms of police response, CPS commitment and community support to support the staff who serve us.

If the Government have identified a significant gap in the law, a change to which would help those responsible for enforcement and protection, we would be interested to hear it. However, one way or another, we need to help those who are helping us.

[Baroness Stowell of Beeston (Con)]

My Lords, in some respects similarly to the noble Lord, Lord Beith, I come to this debate with an open mind in terms of the specifics of the amendments put forward by my noble friend Lady Neville-Rolfe and the noble Lord, Lord Coaker. I very much align myself with him and others who have spoken in that I am appalled at the assaults, attacks and abuse of people on the receiving end who work in stores of all kinds.

However, I will be interested to hear what my noble friend the Minister says as regards whether the law currently provides for these kinds of attacks. One of the things that I found extremely concerning in the briefing provided by USDAW and others was the lack of police response when shop workers were on the receiving end of an attack. When they contacted the police, there was little or no reaction. That is really troubling.

The only thing I want to add to what has been said relates to something that the noble Lord, Lord Coaker, touched on. I know that the noble Baroness, Lady Bennett, also referred to the fact that we are asking shop workers in many respects to uphold the law for us. However, there is another aspect to the role of shop workers and shopkeepers that we do not mention often enough and is important. They are community leaders and people in whom we should encourage a sense of authority for themselves. I want people who are doing these jobs to feel that they are holding a position of power. They are responsible for a public place and when they are at work they are in charge. They deserve our respect for that. I see them much more than just as service providers; they are standard setters. In local communities, in particular in local convenience stores, they can make an enormous contribution to the health of a community and the way in which local people feel about themselves.

If the Government are inclined to go down this route of legislating in the way that has been proposed—and even if they are not—I encourage the Minister that there should be some effort in conjunction with legislation to promote the importance of retail workers, not just in the way they provide a service to us but in the way they are leaders of their communities and important to our maintaining the social norms and standards that are crucial to the health of our society as a whole.