Police, Crime, Sentencing and Courts Bill

Lord Coaker Excerpts

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

[Lord Coaker (Lab)]

My Lords, I was listening with great interest to the noble Lord, Lord Paddick. It was a very good contribution and he raised a huge number of real concerns shared by many noble Lords across the Chamber. The question for the Government is whether they will actually listen to some of the points being made and change the legislation. In the light of some of the comments made by the noble Lord and by many others across the Chamber, I hope that they will. Irrespective of one’s view of this, there is a need for the orders to change; even if one disagrees with them as a whole, they need to be improved, and that is the point of Committee.

To be fair to the Government, I understand what they are trying to do. Noble Lords will know that I am not a lawyer, but I go to the facts to find things out, and I usually find it helpful to quote the Government’s own facts because then they do not accuse me of making them up. So I will quote from the Serious Violence Reduction Orders: Draft Statutory Guidance, of October 2021. Here we see the scale of the problem. According to the Government, these orders are needed because

“Recorded knife crime has risen over a period of several years.”


These are the Government’s own figures:

“For example, offences involving knives or sharp instruments increased by 84 percent between the year to June 2014 and the year to June 2020.”


Whatever the reasons or the rights and wrongs, that is a huge increase.

The public, and all of us, would expect the Government to do something about that, but the questions being posed here are these. First, are serious violence reduction orders the way to do it? Secondly, even if they are, are the Government going about it in a sensible way? I would say that the answer to both is probably no.

There are a huge number of concerns about these serious violence reduction orders, not least of which is, if you have a serious problem with knife crime, what has been shown to be successful over the decades—the noble Lord, Lord Paddick, will know this from his policing days, and others have had experience of this, including the Minister in her local authority—is targeting police activity alongside the community, with all the various agencies diverting people, and young people in particular, away from it. That has been proven time and again. If the Minister goes back to the Home Office, she will find research after research to say that that is the way to deal with it: increase policing, work with local authorities and other local partners, and work with the community to take action.

I tell you what I think has happened: the Government have said, “My goodness, we have a real problem here, what are we going to do?”, and reached for an order which gives the impression of doing something. Of course, everyone wants the Government to do something—all of us want knife crime reduced—but is this the most effective and best way of doing it? Is this proportionate? Will it work? I have very serious concerns about the process but also about whether these orders will actually do what the Government, and all of us, want them to do, which is to reduce knife crime and stop people of whatever age offending. The Minister needs to explain why these will work. Why will they do what the Government intend? Will we read in a year or two that that 84% figure has been reduced?

Nobody in this House believes that stop and search is not a necessary action for the police to take at certain times, but it is the most controversial aspect of policing. I am sure that many people will have experienced or witnessed—it may not have been themselves personally—stop and search. It is a real infringement of people’s liberty, but communities accept it for the common good. That does not mean that they want it to happen carte blanche. The use of Section 60 is sometimes allowed, and communities will agree with it, but Section 60s do not last for two years. They last for a very short period, where the community has agreed that such is the crisis facing their particular area that, when it comes to whatever age of people, they will allow the police to have what they regard as a draconian power in order to further the public good.

The Government have driven a coach and horses through that with this serious violence reduction order. It is not just me who thinks this: the former Home Secretary and Prime Minister, Theresa May, talked in her contribution to this debate about the unintended consequences of this legislation and what she would have wanted. That is why my noble friend Lord Ponsonby has indicated that he will oppose Clause 140 standing part of the Bill. A general debate needs to take place and the Government need to justify to this House and to the public why this clause will work and why it is necessary.

We have heard lots of contributions on the various amendments, as the noble Lord, Lord Paddick, said, but nobody could have failed to have been moved by what my noble friend Lady Armstrong said. She was supported by the noble Lord, Lord Marks, in another good contribution, and by the noble Baroness, Lady Meacher. As they pointed out, everybody knows that what my noble friend Lady Armstrong said is true: if this Bill goes through unamended, there will be young people—and people of any age—who will, by implication, be in trouble because they “ought to have known”. What sort of standard is that, as the noble Lord, Lord Moylan, asked? They ought to have known? I was a schoolteacher: you could not even give someone detention sometimes on the basis of “ought to have known”. This is serious: it is about taking away someone’s liberty. It is about stopping them in the street; it is about doing all of that. I do not know about your Lordships, but I have been in the company of lots of people in different sorts of situations and I did not always know what they were going to do, especially not criminal activity. I am sure that we all have said: “They did what?” That could even happen with friends, yet the Government are basing serious violence reduction orders on the basis of “ought to have known”. My noble friend Lady Armstrong was quite right.

Women are coerced into criminal activity. We all accept that—it is beyond debate—yet the Government are going to criminalise them. It beggars belief. I do not believe that either of the Ministers facing me believe in this. I think that they accept that women are coerced into activity that they do not want to get involved in, but they are going to pass legislation that will allow them to be criminalised. It just does not add up; it does not make sense. The Government have the power to change this—that is what is so frustrating. This is not yet the law. That is why we are debating it and why people are raising these issues. They are saying that it will not work, that it is unfair, that it is unjustified or that it is not in accordance with the principles of the legal system of our country, of which we are all so proud. There are doubts about its effectiveness. I hope that noble Lords will bear with me on this stand part debate, as Clause 140 goes to the nub of it. There are all sorts of amendments that we could put, but on this particular order—it will be for noble Lords to decide—that clause goes to the nub of what we are talking about.

My noble friend Lady Lawrence, who is not in her place, is a remarkable woman. Continually, year after year, despite the horror of her own circumstances, she points out in a calm, respectful, dignified way that the Government have to understand the consequences of some of the things that they are imposing on black and ethnic minority communities. She is not saying it just because she is a Labour Peer and wants to have a go at a Conservative Government; she is saying, “From my experience, from my knowledge, from my understanding, this will be the consequence of what the Government are going to do.”

We know that black and ethnic minority people are disproportionately affected by these changes. Go to these communities and talk to them, as I did when I was a Home Office Minister, and as I am sure Ministers will do, and if you get their agreement, they will support you. They do not want their young people stabbed; they do not want crime all over; they want their young people and their adults to be safe—of course they do—but they want it done with them, not to them. I have statistic after statistic around the disproportionality that exists, as well as what the College of Policing says about it. The House of Commons Library states:

“Available statistical analysis does not show a consistent link between the increased use of stop and search and levels of violence.”


If that is wrong, where is the evidence to show that it is wrong? I would say that, while stop and search may work in a blanket way, we need to look specifically at where it is targeted. I think that stop and search does make a difference, but it is where it is targeted: it should not be a blanket “Here you go; do it when you want”, which is what perverts the figures. As I say, we have real concerns, epitomised, and I make no apology for repeating this, by what the noble Baroness, Lady Armstrong, said.

I have a couple of things to say about the amendments in the name of my noble friend Lord Ponsonby. Amendment 226 would remove the provisions that allow an SVRO to be applied to a person who has not actually handled a knife, as we were saying, or any kind of weapon, but who was in the company of someone else who had used a knife and, as the Bill says, either

“knew or ought to have known”

that their companion was armed. I just think that that will have to change. These orders allow a person to be stopped and searched without grounds; they can be stopped and searched without reasonable suspicion for up to two years. I think that there is an amendment, although I cannot remember if it is in this group, that questions whether that can be continually renewed and whether two years is the limit. From my reading of the Bill, it seems that it can go on and on, so it is quite a draconian proposal.

On Amendment 239—the noble Lord, Lord Paddick, has signed both the previous amendment and this one—the Delegated Powers and Regulatory Reform Committee says that too many of these powers are going to be applied by the negative procedure. It says to the Government, even if it is right to take away some of the liberty of the citizen in our country, on the street, by giving the police additional powers, surely that should be debated in Parliament. It should not just be for Ministers to make it up and lay it and that is it. Are we really saying that freedom of the individual in this country is dependent on a Minister in an office determining what the regulation should be on something as serious as this? Do we not agree with the committee, particularly regarding stop and search as well as other matters in the Bill, including these violent crime reduction orders, that at least the affirmative procedure should be used? We cannot amend the instruments, but we can at least debate them and I think that people would reasonably expect that.

Finally, if the Government are going to go ahead with this, as I expect they will, Amendment 240, in the name of the noble Baroness, Baroness Meacher, is essential: the pilots that the Government are running must be of a real standard, a real quality, and must be strengthened. If the evidence from those pilots is not what the Government want it to be—if it shows that they do not work—can we be assured that they will listen to what the pilots are telling them?

I could go on, and I am sorry that I have gone on a little while, but I think that stop and search, particularly without reasonable suspicion, is one of the most important powers that the police have to tackle serious and violent crime, but it is also one of the most controversial and, as such, should be handled with real care. I suggest that these amendments say to the Government that even if they are right to introduce these orders, they have not really, through the Bill, shown us that care and demonstrated it to the public. The Government need to think again.

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[Baroness Williams of Trafford (Con)]

What I can clarify is that I will not take theoretical cases again. But the court would need to consider whether in the circumstances it is proportionate to make an order. That does not go into the specifics of any given case.

[Lord Coaker (Lab)]

The Minister might want to take some advice on this, but I think the relevant piece of legislation in Clause 140 is proposed new Section 342A(3)(b), which says that

“the offender had a bladed article or offensive weapon with them when the offence was committed.”

They do not have to use it; it is just the fact that they are carrying it and have it on them.

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[Lord Coaker (Lab)]

These are good amendments that the noble Lord, Lord Paddick, has tabled because, as he said, they deal with what happens after an SVRO is given. The various amendments raise various questions that the Minister will need to answer. I want to highlight a specific point which, in terms of proportionality, I would like the Minister to consider. A Section 60—stop and search without suspicion—is normally given for 24 hours and, if extended beyond that, is very limited. As the noble Lord pointed out, and did so in the previous debate, this can be six months or up to two years. It can then be added to again; there is no time limit to end it. We need some clarity on that. In Committee, that is the sort of detail we want to go into.

More generally, so much of this—again, as in much legislation—will be by regulation. New Section 342B on the meaning of a serious violence reduction order includes subsection (1)(b), which says that the requirements and prohibitions will be done by order—admittedly, to be fair to the Government, by affirmative order in this case. But it is quite an ask of Parliament to pass an Act which gives the Secretary of State the ability to have these serious violence reduction orders with all sorts of requirements and prohibitions in them without us really knowing what they would be. I looked on the website and tried to find a draft, skeleton or suggested possibility of what they might look like, but I could not see one—unless I missed it. Often, with respect to legislation, you get draft regulations or a draft idea. It would have been extremely helpful for the Committee if some idea of the sorts of things that might be considered had been given to us.

New Section 342C(1) states:

“A serious violence reduction order may impose on the offender any requirement or prohibition specified in regulations made by the Secretary of State”.


Again, to be fair, that will be subject to the affirmative procedure, but these are the sorts of details which mean that we are passing this legislation almost blind in terms of some of these things. These will be really severe restrictions on the liberty of the individual. Even if they are regarded as a good thing in terms of reducing knife crime—which is what we all want to achieve—we are giving the Government the power to legislate and make all sorts of regulations and prohibitions to be included as part of a serious violence reduction order without knowing what they may be.

New Section 342B(7) says that these regulations will be made only after the pilots have taken place. I do not expect this to be done by Report, but could we ask the Government to consider giving us an idea of what these regulations and prohibitions might be as those pilot projects proceed, so that we get some idea of them as the pilots go on? We would then have some way of understanding what they might be when we come back to them.

The noble Lord, Lord Paddick, is quite right to have raised many of these issues, which seek to press the Government more so we can try to understand what they mean by some of the proposals they have listed. I ask whether more information could be given as to what prohibitions and regulations we might expect to be included in any serious violence reduction order.

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Moved by

[Lord Coaker]

263: After Clause 170, insert the following new Clause—
“Offence of assaulting a retail worker
(1) It is an offence for a person to assault, threaten or abuse another person—(a) who is a retail worker, and(b) who is engaged, at the time, in retail work.(2) No offence is committed under subsection (1) unless the person who assaults, threatens or abuses knows or ought to know that the other person—(a) is a retail worker, and(b) is engaged, at the time, in retail work.(3) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 12 months, a fine, or both.(4) Evidence from a single source is sufficient to establish, for the purposes of this section—(a) whether a person is a retail worker, and(b) whether the person is engaged, at the time, in retail work.(5) The offence under subsection (1) of threatening or abusing a retail worker is committed by a person only if the person—(a) behaves in a threatening or abusive manner towards the worker, and(b) intends by the behaviour to cause the worker or any other person fear or alarm or is reckless as to whether the behaviour would cause such fear or alarm.(6) Subsection (5) applies to— (a) behaviour of any kind including, in particular, things said or otherwise communicated as well as things done,(b) behaviour consisting of—(i) a single act, or(ii) a course of conduct.(7) Subsections (8) to (10) apply where, in proceedings for an offence under subsection (1), it is—(a) specified in the complaint that the offence is aggravated by reason of the retail worker’s enforcing a statutory age restriction, and,(b) proved that the offence is so aggravated.(8) The offence is so aggravated if the behaviour constituting the offence occurred because of the enforcement of a statutory age restriction.(9) Evidence from a single source is sufficient to prove that the offence is so aggravated.(10) Where this section applies, the court must—(a) state on conviction that the offence is so aggravated,(b) record the conviction in a way that shows that the offence is so aggravated,(c) take the aggravation into account in determining the appropriate sentence, and(d) state—(i) where the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or(ii) otherwise, the reasons for there being no such difference.(11) In this section—“enforcement”, in relation to a statutory age restriction, includes—(a) seeking information as to a person’s age,(b) considering information as to a person’s age,(c) refusing to sell or supply goods or services,for the purposes of complying with the restriction (and “enforcing” is to be construed accordingly),“statutory age restriction” means a provision in an enactment making it an offence to sell or supply goods or services to a person under an age specified in that or another enactment.(12) In this section, “retail worker”—(a) means a person—(i) whose usual place of work is retail premises, or(ii) whose usual place of work is not retail premises but who does retail work,(b) includes, in relation to a business that owns or occupies any premises in which the person works, a person who—(i) is an employee of the business,(ii) is an owner of the business, or(iii) works in the premises under arrangements made between the business and another person for the provision of staff,(c) also includes a person who delivers goods from retail premises.(13) For the purposes of subsection (12), it is irrelevant whether or not the person receives payment for the work.(14) In proceedings for an offence under subsection (1), it is not necessary for the prosecutor to prove that the person charged with the offence knew or ought to have known any matter falling within subsection (12)(b) in relation to the person against whom the offence is alleged to have been committed. (15) In this section, “retail premises” means premises that are used wholly or mainly for the sale or supply of goods, on a retail basis, to members of the public.(16) In this section, “retail work” means—(a) in the case of a person whose usual place of work is retail premises, any work in those retail premises,(b) in the case of a person whose usual place of work is not retail premises, work in connection with—(i) the sale or supply of goods, on a retail basis, to members of the public, or(ii) the sale or supply of services (including facilities for gambling) in respect of which a statutory age restriction applies,(c) subject to subsection (17), in the case of a person who delivers goods from retail premises, work in connection with the sale or supply of goods, on a retail basis, to members of the public.(17) A person who delivers goods from retail premises is doing retail work only during the period beginning when the person arrives at a place where delivery of goods is to be effected and ending when the person leaves that place (whether or not goods have been delivered).(18) In this section, references to working in premises includes working on any land forming part of the premises.”

[Lord Coaker (Lab)]

My Lords, it is good to stand to move this important amendment here this evening. I declare my proud interest as a member of USDAW and of the Co-Operative Party. Amendment 263, in my name and that of the noble Baroness, Lady Bennett, provides for a specific offence of assaulting, threatening or abusing a retail worker, punishable by up to a 12-month sentence, a fine or both. I also rise in support of Amendment 264, from the noble Baroness, Lady Neville-Rolfe, and my noble friend Lord Hunt of Kings Heath, which I am pleased to add my name to. It provides for increased sentencing where an offence of common assault, battery, threatening or abusive behaviour, or intentional harassment is committed against a retail worker. It provides for, on summary conviction, 12 months or a fine, or both, and, on indictment, a sentence of up to two years.

I am very proud to present these amendments; this is a crucial issue for all of us across this Chamber and, indeed, in the other place, and one which has huge cross-party support, as we all want to do more for our retail workers. I am sure that the Minister is only too aware of this. An amendment in the House of Commons recently received significant attention and support from the Government Benches as well as the Opposition Benches. The issue has been campaigned on for years by workers, unions, parliamentarians, people who are interested in it and by the retail industry itself. It is time for the Government to act, and this Bill provides them with the vehicle to do that.

I hope noble Lords will bear with me while I talk a little about the scale of the problem. The Co-operative Group estimates that today, across its stores, 12 shop workers will be attacked and more than 110 will be abused and threatened. The British Retail Consortium estimates that, across the sector, every day 450 shop workers are abused or attacked. None of us condones that or thinks that it is acceptable; none of us is anything other than appalled by that fact.

The truth is that it seems to be increasing at a considerable rate. The Co-op Group, again, estimates that, in stores across the UK, there was a 650% rise in violence and a 1,700% rise in abuse towards their colleagues between 2016 and 2020. So, clearly, there is a major issue which individual retail and shop workers are facing every single day. Yet was it not just a few months ago that we were all talking about how essential these retail and shop workers, and others working in this sector, were to all of us? The pandemic gave us the chance to recognise the importance of people who perhaps in the past we had taken for granted, but whose real service to us we now recognised.

I do not know about anybody else, but during lockdown, going to the shops sometimes to get an essential supply became a day out. I am sure we are all aware of that. It was a fact that in every shop, store, service station or garage you went to, you actually met somebody else, and, frankly, particularly at the beginning of the pandemic, we had no real idea about the consequences of the level of human interaction that retail workers were having to do every single day as part of their job to keep us supplied with food and the services we needed. We talk, quite rightly, about what police officers and other emergency workers did, but the bravery of those workers as well is something that I know we all salute.

Now is the time for us to say that we recognise what they did during the pandemic and the service they provided, and perhaps for the first time properly recognise the importance of what they gave to the community as a whole. Is it not now time for us, as legislators, to respect that and act to create an offence or do something that actually delivers for them and prevents some of the unbelievable abuse that they receive? Let us remember as well that sometimes, of course, shop workers are targeted simply for enforcing the laws that we pass, whether it be laws on age-restricted products, or indeed, during the pandemic, laws with respect to wearing masks, and so on.

We also have to challenge the police and others on those instances when crimes were reported but the response was not what we would expect it to be. It is true that the police need to recognise that it is regarded as a serious matter when somebody is abused or threatened in a shop. Indeed, according to a freedom of information request made in 2020 by the Co-op Group, and bearing in mind that only serious incidents are reported, the police failed to attend in 65% of the incidents reported in Co-op stores. We need to do something about that.

We have had a Private Member’s Bill from the Labour MP, Alex Norris. In the past three years, there have been two separate Private Members’ Bills, both of which received strong cross-party support. My noble friend Lord Kennedy would wish me also to point to his work in this area—I would be in trouble if I did not. The Scottish Government have introduced a new offence following a Private Member’s Bill brought forward by the Labour MSP, Daniel Johnson, again supported by USDAW. So it can be done, and we are looking to the Government to act.

While the Bill was in the Commons, the leaders of 100 brands, including Tesco, Sainsbury’s, IKEA and Aldi signed an open letter calling for greater legal protection for retail workers, again showing their support. Abuse is not part of the job, and it should never become normalised, common or accepted. Nobody should go to work expecting to face abuse, threats or violence, but if these do happen, people need to be confident that the system is on their side. The current situation clearly needs to change, and the only way to do that is through strong and decisive action in Parliament.

Despite overwhelming evidence of the problem and a clear call for action from workers, employees and representative groups from across the sector, we are still waiting for the Government to respond, in stark contrast to the Scottish Parliament. I look forward to the response from the Minister, who I know cares about this issue, and hearing how she will respond to the pleas being made. There is a perfect opportunity to address this in this Bill. It is time for the Government to act; the time for waiting has stopped. I look forward to the Minister’s reply.

[Baroness Neville-Rolfe (Con)]

My Lords, I offer strong support for adding a new power to this Bill to try to stop the disgraceful assaults on retail workers. I am glad that speaking today links me to my old friends at the trade union USDAW and the British Retail Consortium. I own some retail shares, notably in my previous employer, Tesco, and I should also refer to my register of interests.

It has been a very difficult 18 months for store workers. They have been the heroes of Covid, responding magnificently by keeping food on the shelves and delivered to our homes throughout. They have had to keep going relentlessly and cope with the bewildering array of changing Covid rules and regulations, often at a time when they are short-staffed because of the impact of the pandemic.

Nearly 3 million shop workers face a rising threat of violence as a result of customer anger at mask wearing, shortages and irritating or changing store guidance on Covid. This has added to assaults from those challenged for trying to buy alcohol, knives and so on illegally, and also attacks from shoplifters. I remember well dealing with what is probably now a relatively minor case when I was working in Tesco at Brixton. The woman concerned had several jars of coffee up her trousers and struggled and bit as we tackled her.

As the noble Lord, Lord Coaker, mentioned in his compelling speech running through the long history of this problem, the British Retail Consortium says there were 455 incidents a day at stores in 2020, despite a huge investment in security measures such as body cameras, guards and panic alarms. A lot of this is related to wider criminal activity such as knife crime and drug-taking. It is a real worry for small shops: attacks can affect their viability and contribute to the disturbing rate of high street shop closures. It is also a huge issue for the larger retailers, which is why so many of their CEOs, including those of various Co-op groups, have come together to call for action in a recent letter to the Prime Minister. I will give an example: when I approached Tesco for an update, it said it faced over 1 million criminal incidents in 2020-21 and estimated that, on current trends, this would increase by another 20% this year unless something was done.

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[Baroness Williams of Trafford (Con)]

My Lords, I am very grateful to the noble Lord, Lord Coaker, and my noble friend Lady Neville-Rolfe for tabling their amendments, and for the opportunity that I have had to discuss their amendments with them before today. Both have spoken forcefully on behalf of retail workers, and noble Lords will have witnessed the strength of their convictions and the deep basis of knowledge from which they speak. I cannot let this opportunity go by without paying tribute to the noble Lord, Lord Kennedy of Southwark, who has—I could say harangued me for four years—shown such tenacity on this matter that he deserves a mention.

I start by echoing the comments made in the House of Commons by the then Minister for Safeguarding, in showing my support and respect for all those working in the retail sector. As my noble friend Lady Stowell of Beeston said, they have shown such tireless dedication as public servants, really, providing essential services to the public throughout the pandemic. I totally identify with the comments of the noble Lord, Lord Coaker, about going to the shops being the highlight of the day during the pandemic. It became a daily ritual for our household, certainly.

It is essential that we all feel safe at work, which is why assaults on any worker providing a service to the public is clearly unacceptable. It is really important that where such assaults or abuse occur, the perpetrators are brought to justice. In the Commons, Minister Atkins committed to actively consider this issue and that remains the Government’s position, but as part of that process of consideration I very much wanted to hear and then reflect on the debate today. I welcome the fact that those noble Lords who have contributed today spoke with such clarity and strength of feeling and gave us very good direction.

I want to say a bit more about the current position and the factors that the Government are weighing up as we determine how best to proceed in this area. The noble Lord, Lord Beith, asked about the gap in the law. Obviously, a wide range of offences already exist covering assaults on any worker, including retail workers, and they include offences such as common assaults. The example that my noble friend Lady Neville-Rolfe gave could encompass grievous bodily harm or, indeed, actual bodily harm, harassment and other public order offences, all of which criminalise threatening or abusive behaviour intended to harass, alarm or distress a person.

Furthermore, the courts have a statutory duty to follow sentencing guidelines, which state that it is an aggravating factor for an offence to be committed against a person who works in the public sector or who is providing a service to the public. This means that any offence that occurs against a victim providing a service to the public, including those working in the retail sector, will be considered by the court as meriting an increased sentence. I have also heard the comments and concerns about the provisions in the Bill that seek to increase custodial sentences—including the point made by the noble Lord, Lord Beith, about sentence inflation—and it is crucial that we take into account the impact on our courts and prisons, as he said, when considering whether to increase sentences.

At Second Reading, the noble Lord, Lord Rosser, asked what meetings Ministers had held over the summer with businesses, trade unions and groups representing retailers to discuss this issue. The Home Office has undertaken extensive consultation on the subject of violence and abuse towards retail workers, and discussions on this subject go back several years, as I have previously stated. Similar amendments were tabled to previous Bills such as the Offensive Weapons Bill, which is why the Government committed to a call for evidence on the levels of violence and abuse faced by retail workers.

That response was published in July last year and it increased our understanding of the problems faced by retail workers. A programme of work has been under way through the National Retail Crime Steering Group, which the Minister for Crime and Policing co-chairs with the British Retail Consortium. The steering group brings together the Government, retailers, unions and trade associations, the Association of Police and Crime Commissioners and the police-led National Business Crime Centre to make sure that the response to retail crime is as robust as it can be, as well as ensuring that key crime drivers, including substance misuse, are comprehensively considered. I hope that goes to the point made by the noble Baroness, Lady Jolly. It has been and continues to be an important forum for discussions on the causes of violence and abuse in the retail sector and for working together to find solutions and provide support to retailers.

The matter of violence and abuse against retail workers has been the focus of the National Retail Crime Steering Group for the past 18 months. The Home Office is leading a programme of work designed as a direct response to the call for evidence and agreed by the steering group and wider retail sector. To date, six task and finish groups have been established to develop practical resources to support retailers and their employees.

Earlier this year, the Home Affairs Select Committee conducted an inquiry into violence and abuse towards retail workers. In response, retailers, unions and trade associations put forward evidence about their experiences of violence within the sector. The Select Committee recommended that the Government consult on the scope of a new offence, recognising the particular pressure on those in occupations where they are asked to enforce the law, and taking into account the provisions of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021, which came into force in August.

As I have set out, the Government have engaged extensively with the retail sector and the police. In response to the points made by the noble Lords, Lord Beith and Lord Paddick, the police have recruited 11,000 of the targeted 20,000 increase to their number. The government response to the HASC inquiry makes clear the Government’s commitment to address this issue and to take into account the legislation in Scotland.

I assure noble Lords that the Government are continuing to consider whether changes, including legislative changes, are needed and will reflect carefully on the debate today. On the basis of that very firm undertaking that the Government are considering as a matter of urgency how best to balance those many issues, I hope the noble Lord will feel happy to withdraw his amendment.

[Lord Coaker (Lab)]

I thank the Minister for her response. I am an optimistic person by nature and I thought that there were grounds for optimism in the way in which the Minister talked about weighing up the options and looking at the various ways forward, including—and this was as a really important remark that noble Lords may have heard—“legislative change”. That is the key thing. A number of comments were made by various noble Lords. The Minister will have heard them. In the interests of time, I shall leave it there, but we will look forward to the Government coming forward with something on Report, or us tabling our own amendments. In thanking noble Lords for their support, I beg leave to withdraw the amendment.

Amendment 263 withdrawn.

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Moved by

[Lord Coaker]

265: After Clause 170, insert the following new Clause—
“Restorative justice
The Secretary of State must, every three years—(a) prepare an action plan on restorative justice for the purposes of improving access, awareness and capacity of restorative justice within the criminal justice system, and collecting evidence of the use of restorative justice,(b) lay a copy of the action plan before Parliament, and(c) report on progress in implementing any previous action plan to Parliament.”Member’s explanatory statement
The amendment aims to ensure that access to restorative justice services improves over time for the benefit of victims and to reduce crime.

[Lord Coaker (Lab)]

My Lords, a couple of hours ago I received apologies from the noble Baroness, Lady Meacher, who is unable to be with us for personal reasons and has been unavoidably detained. I hope noble Lords will allow me to read the comments that she would have made. As I say, the noble Baroness, Lady Meacher, apologises to the Committee, noble Lords and the Minister for not being here this evening to move this amendment. She has been, as I said, unavoidably detained and I know the Committee will forgive her absence.

Amendment 265 aims to ensure that access to restorative justice services improves over time, for the benefit of victims and to reduce crime. The amendment would require the Secretary of State to prepare an action plan on restorative justice and for that plan to be laid before Parliament, alongside a report on the progress made in implementing earlier government action plans. In doing so, it is the hope of the noble Baroness, Lady Meacher, that the Government will consider restoring ring-fenced funding for restorative justice.

Between 2013 and 2016, restorative justice received support from the Ministry of Justice via ring-fenced funding to PCCs. Since the change in 2016, in which the ring-fence was dropped, access to RJ has reduced in some areas to below 5% of previous levels. The APPG on Restorative Justice reported in its inquiry published in September this year that this

“has led to a ‘postcode lottery’ for victims of crime”,

with access varying hugely depending on which PCC or local authority area the victim happens to be in.

In 2014, the coalition Government made a commitment in their restorative justice action plan that every victim of crime should be made aware of RJ services. The plan committed to developing

“a more strategic and coherent approach to the use of restorative justice in England and Wales.”

In the Conservative Government’s 2018 update of the plan, the top priorities remained ensuring equal access to restorative justice for victims at every stage of the criminal justice system and improving awareness of RJ, how it works and how to access it. The APPG inquiry found that there was a lack of understanding of restorative justice and what a victim was entitled to, not only among the public but among professionals in the criminal justice sector.

I ask the Minister whether the Government hold statistics on how many victims have been offered restorative justice as part of their experience of the criminal justice system. What actions have been taken towards the priorities outlined in 2018 and when do the Government plan to publish an updated action plan? So often in this Bill, our debate has turned to the importance of prevention, and stopping offending and reoffending to break that cycle. The current Secretary of State for Justice listed preventing reoffending as one of his top priorities for keeping the country safe. Evidence has shown that access to quality restorative justice programmes is effective in reducing reoffending. In 2016, the Home Affairs Select Committee found that

“there is clear evidence that restorative justice can provide value for money by both reducing reoffending rates and providing tangible benefits to victims.”

I will not keep the Committee but, in coming to a close, will say that the noble Baroness, Lady Meacher, particularly wished to highlight that this amendment does not propose anything new or radical. It merely seeks to return to the funding arrangements and strategic direction in place prior to 2016. I look forward to the Minister’s reply, which I hope will be encouraging on the Government’s commitment to restorative justice. I beg to move.

[Baroness Harris of Richmond (LD) [V]]

My Lords, I speak in support of Amendment 265. I am very sorry that the noble Baroness, Lady Meacher, is not able to be in the Chamber.

Many years ago, when I was a magistrate and at the same time chair of my police authority, I wondered how we could bring in the concept of restorative justice. It was not an option for us then as it did not appear in our guidelines—that might have changed, I do not know. It was apparent, though, that repetitive cautions given to young offenders simply were not working. Something needed to change.

I became interested in restorative justice because of a remarkable chief constable, Sir Charles Pollard, who was then chief constable of Thames Valley Police. He had been advocating restorative justice for some time. He was extremely well supported by the chair of the police authority, Mrs Daphne Priestley. I thought it was a very interesting and potentially life-changing intervention for some young offenders, and so it has proved to be.

Restorative justice aims to foster individual responsibility by requiring offenders to acknowledge the consequences of their actions, be accountable for them and make reparation to the victims and the community. Initially for use with young offenders committing minor crimes, it quickly caught the imagination of communities, which liked the idea of a victim being able to confront their offender, who was made to realise the impact of their criminal behaviour. It is done with seasoned practitioners who have a wealth of experience in this discipline, as it needs to be a formal procedure. They have to ask the right questions in the right way for there to be a successful outcome, which would be when the offender realises the harm she or he has done and makes some sort of reparation to the victim. Meeting face to face, where both sides agree to that, can be a formative solution to an otherwise potentially serious punishment, even jail.

In London trials, 65% of victims of serious crime said that they would be happy to meet their offenders and talk about how that had affected them. The impact of this intervention has far-reaching benefits for everyone involved. Over the years, the success of the restorative justice model has worked alongside police forces, local authorities, the Prison Service, courts and schools. It has helped reduce permanent exclusions in schools, and in a sample case in Lincolnshire, in the first year of using this system the restorative service, as it is called there, worked on 53 cases. This was extended subsequently to 135 cases and became an integral part of the Behaviour Outreach Support Service there—BOSS—in which restorative justice sits with its partners.

Restorative Solutions, established by Sir Charles Pollard and Nigel Whiskin in 2004, is a not-for-profit community interest company that I think the Government need to contact for help with understanding just how important restorative justice can be to the benefit of victims of crime, and its potential to reduce criminal behaviour. It needs properly financing, of course, and to date that has not happened, so if the Government are really intent on reducing crime and helping victims, as they say they are, I suggest that this is absolutely the right solution for them to promote.

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Finally, given the nature of what we are talking about, there are not hard statistics because it is so flexible. Indeed, that is a positive benefit of restorative justice. For those reasons, I invite the noble Lord, Lord Coaker, on behalf of the noble Baroness, Lady Meacher, to withdraw the amendment.

[Lord Coaker (Lab)]

I thank the Minister for his reply and for the way in which he tried to answer the various questions that noble Lords raised. We have heard from many people about the importance of restorative justice. This is an important argument and debate that will not go away. It remains a priority for all of us and I am sure others will take this forward, including the noble Baroness, Lady Meacher. With that, I beg leave to withdraw the amendment.

Amendment 265 withdrawn.