Crime and Policing Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Crime and Policing Bill

Lord Goddard of Stockport Excerpts
Viscount Goschen Portrait Viscount Goschen (Con)
- View Speech - Hansard - - - Excerpts

I support my noble friends Lord Davies and Lord Blencathra. Litter is important, and while it may sound like a low-level issue, I endorse the sentiments expressed by my noble friends about the broken windows theory that a messy environment leading to more litter and more problems.

I support the increase in fines. In reality, I doubt whether taking £100 or £125 would make the slightest bit of difference. I believe this is all about enforcement. We have heard from my noble friend about the low level of fines being put forward for littering offences. The emphasis is on local authorities to provide adequate water paper bins. That is the other side of it—there must be carrot and stick involved.

I support what my noble friend Lord Blencathra said about dog fouling. I add one thing: human nature is very strange. In the countryside where I live, in Devon, on a number of occasions one comes across people picking up dog mess in little plastic bags and then chucking it into the hedge—they seem to think that is super helpful, but it is littering. We need some sort of public information campaign to say that that is dangerous to livestock as well as to the environment.

Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
- View Speech - Hansard - -

My Lords, I have great sympathy with some of the sentiment of the amendments. However, as usual, they put the price—the fines—up but miss the elephant in the room. Who is going to do the work to collect the fines, to see the dog walker that the noble Lord, Lord Blencathra, is looking for, and to be on every train and street corner? That is the issue we have with these amendments.

Crime and Policing Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Crime and Policing Bill

Lord Goddard of Stockport Excerpts
Lord Pannick Portrait Lord Pannick (CB)
- View Speech - Hansard - - - Excerpts

My Lords, since the noble Lords, Lord Black and Lord Blencathra, have said that this is not an easy subject, I remind the Committee of what happened when Section 69 of the Sexual Offences Act 2003 on sex with animals was debated in this House in Committee on 1 April 2003. I draw attention to what the noble Lord, Lord Lucas, said on that occasion:

“I hope that this matter is not something that most noble Lords come across. As we rarely have the opportunity to talk about such subjects, it seems right to ensure that any possible imperfections in the wording are covered, however difficult it may be to talk about them”.—[Official Report, 1/4/03; col. 1186.]


That wise advice applies today.

The prohibition of sex with animals has a long history. It was proscribed in Leviticus, chapter 18, verse 23. Coke’s 17th-century Institutes of the Lawes of England, volume 3, page 59, refer to the criminal offence by a “great Lady” who

“committed Buggery with a Baboon, and conceived by it”.

As the noble Lord, Lord Black, has explained, the limits of Section 69 of the Sexual Offences Act, like its predecessors, are that it covers only some sexual activity—penile penetration of the vagina or anus of the animal or of a human being by an animal—and does not apply to sexual activity with a dead animal. The exclusion of sex with a dead animal is particularly odd, as the next section of the 2003 Act, Section 70, does make it a criminal offence to engage in penetrative sex with a human corpse. The amendment would extend the scope of the offence to cover all “sexual activity” with an animal or using an animal for sexual gratification.

The noble Lord, Lord Black, has sought to define sexual activity in this context with a degree of precision in proposed new subsection (2), but has also left room for debate by stating that sexual activity “includes” what is specified. Of course, sexual activity is as broad as the human imagination. I suggest to the noble Lord, Lord Black, that it would be preferable for an amendment to the law not to attempt a legislative Kama Sutra of possibilities but rather to adopt the approach seen in other sections of the 2003 Act.

The 2003 Act already uses the concept of “sexual activity”, for example in Section 4, and Section 78 provides a general definition of sexual activity. Sexual activity, says Section 78, means what a reasonable person would regard as sexual in nature, irrespective of the defendant’s purpose in relation to it. There is a slightly different definition in Section 71 relating to sexual activity in a lavatory, and I confess that I have not fully understood why Parliament in 2003 used a slightly different definition in that context. However, I suggest to the noble Lord, Lord Black, that it would be better to have a portmanteau phrase, “sexual activity”, so defined, which is already the approach that the 2003 Act takes in Sections 4 and 78.

I am pleased that the noble Lord, Lord Blencathra, will not pursue his original wish to substitute the term “bestiality”. My understanding is that, as a matter of law, bestiality is confined to penile penetration of the vagina or anus, which is contrary to the admirable intention of the noble Lord, Lord Black, to broaden the scope of the legislation.

It may also be helpful to include a definition of an “animal” in the new clause by cross-reference to other statutory definitions. As the Committee will know, the Animal Welfare Act 2006 provides by Section 1 that it applies to vertebrates other than man, but there is a power by regulations to extend the protection to cover classes of invertebrates. The Animal Welfare (Sentience) Act 2022 covers, in addition to non-human vertebrates, molluscs and crustaceans. I doubt—the noble Lord, Lord Black, may have broader knowledge than me —whether sexual activity with a mollusc or a crustacean is a mischief which the Bill needs to address.

I have one final point. As was mentioned, this amendment would increase the maximum sentence of imprisonment for the Section 69 offence from two years to five years. I am doubtful about that. I would expect that defendants who are found guilty of the sexual abuse of animals nowadays are, as they always were, sad, pathetic individuals who need help rather than a lengthy prison sentence of more than two years. I would be very interested to hear from the Minister whether in any of the cases under the current Section 69 in the last few years any defendant has received a sentence of two years, or whether any judge has complained that the current sentencing powers of a maximum of two years are inadequate.

Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
- View Speech - Hansard - -

My Lords, I support Amendment 316 from the noble Lord, Lord Black of Brentwood. Unfortunately, the noble Lord, Lord Pannick, has just taken my entire speech away from me, so I will not quote Coke’s. I thank him for what he has said. He is a lawyer and he has tried to help with this.

On the point of this amendment—I declare an interest as a vice-chair of the APPG on Cats—the noble Lord, Lord Black of Brentwood, has our support on animal welfare, and indeed he has been driving this for a number of years via a number of APPGs. So the essence of what he is trying to do is right. The comments that the noble Lord, Lord Pannick, made are helpful: perhaps when we get to another place, we will have a better-worded amendment that carries more support.

For me, the reason I am supporting this is because of the animal side, but there is evidence that the abuse of animals leads to abuse of children. That link is clear, and there is evidence from everywhere that that is where it starts, but it ends with children and young people.

That is why this amendment, difficult as it is to speak about, is vital. When the evidence is there of a cause leading to a different cause that is worse, the amendment should get the support of this House and the Government. The noble Lord, Lord Blencathra, is right; he is trying to right a wrong and he understands the points of law. His principle is right: this does need resolving, and it is an important issue to animal lovers. Lots of animal lovers in this country have no idea that this is going on around them. The noble Lord, Lord Pannick, may be right, in that some of the people in question are poor people who are not part of society; but there are also those who kill animals for videos and live feeds, to be watched for money. That is going on all around the world; it is not just an English problem.

There is a bigger picture. This is not just about an unfortunate person abusing an animal; like everything else in today’s debate, it is a wider society problem. I hope that people approach this with the gravitas it deserves. Animal abuse is one thing; but transferring that to children and young people is equally important. That is why I support the amendment.

Baroness Doocey Portrait Baroness Doocey (LD)
- View Speech - Hansard - - - Excerpts

My Lords, this group of amendments reflects the realities that the police, the NCA and child protection agencies now face, with children being coerced online into self-abuse, harming siblings or even abusing their family pets under pressure to provide images or live streams as proof. The overlap between child sexual abuse—as the noble Lord, Lord Black, has so clearly demonstrated—offline offending and animal cruelty is now recognised in safeguarding and law enforcement practice. It comes alongside a wider surge in online animal abuse content, in which abuse is staged, filmed and shared for attention or gratification. Strengthening the law on animal sexual abuse so that it reflects how this behaviour is perpetrated and disseminated online is therefore necessary and overdue.

Two points are critical. First, terminology matters. Animal sexual abuse is now used in policing and safeguarding precisely because it captures a wide range of exploitative conduct that is formed, traded and used to control and terrorise victims, including children. Narrowing the language risks opening loopholes that offenders will exploit. Secondly, these reforms need to go hand in hand with better investigation, data sharing and sentencing so that the growing volume of image-based offending against children and animals results in real accountability rather than just statistics.

The sexual abuse of animals and the use of such material within wider abusive networks, which is reprehensible, must now be treated with the seriousness the evidence demands.

Crime and Policing Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Crime and Policing Bill

Lord Goddard of Stockport Excerpts
Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
- View Speech - Hansard - - - Excerpts

My Lords, it is Amendment 356F from the noble Lord, Lord Hendy, that attracts me to the Chamber, although I do not necessarily share his arguments or reasoning. The main purpose of my speaking, the Minister will not be surprised to hear, is that it affords an opportunity for me to highlight again that the Government’s decision to introduce in Clause 37 a new offence of assault against a retail worker—and only a retail worker—risks creating a new problem.

As I have said before, I know that the Government’s intentions are good and I have no desire to mount a campaign against Clause 37, but the fact that a new offence of assault against a retailer is otiose does not mean that it will have no negative effects if it causes other public-facing workers to believe they are not protected if assaulted. As I have argued before, the workers referred to by the noble Lord, Lord Hendy, clearly will be protected without his amendment—because they will be—but I worry about people fearing that they will not be, deterring employees from exercising the delegated authority that we need them to exercise to uphold good order when in charge of a public place or space.

It is because of this that I urge the Minister—he and I will continue to have this discussion, which he knows I look forward to very much—to think again. I find it hard to understand how the Government can legislate for some and not others in this way. While it is not where I would start, we have to be very conscious of the unintended consequences of Clause 37, which the noble Lord, Lord Hendy, has highlighted today.

Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
- View Speech - Hansard - -

My Lords, I speak to Amendment 399 in the names of my noble friend Lady Pidgeon, who cannot attend today, and my noble friend Lady Doocey. This amendment would enable CCTV systems on the railways to be quickly available to the police and continuously for 30 days, alongside defining the technical standards to support this access. It is about ensuring that investigations on the railways can be carried out efficiently.

The amendment was first tabled by our colleague Daisy Cooper following a spate of bike thefts at St Albans station. In trying to resolve this issue, the correspondence from the British Transport Police was quite revealing. The CCTV system at St Albans station is operated by Govia Thameslink Railway—GTR—as part of a commercial franchise agreement. GTR manages CCTV across 238 stations, with over 6,000 cameras. Although British Transport Police and other forces have established information-sharing agreements with GTR and similar operators, these agreements are designed to govern data management, including storage and access protocols. They do not constitute contracts with commitments to supply CCTV footage within specific timeframes or of specific volumes.

Currently, there are no provisions for rail franchise agreements that mandate specific service levels for supplying CCTV footage—it is not established in law yet. While this may change over coming years, as the franchises may be nationalised, this remains an issue. Unlike council-owned CCTV systems, which often feature integrated platforms allowing direct access, many rail CCTV systems are standalone, not remotely connected. Retrieval often requires physical visits to stations, which can delay access, and sometimes operators impose limits on the duration and length of footage they can supply.

While I acknowledge that these are challenges resulting from the current franchise arrangements, which will gradually be resolved, other constraints are rooted in the operational systems. I am aware that in September, the Government announced that they will be providing funding of almost £70 million so that Network Rail can make some improvements to CCTV. Although this is welcome, Amendment 399 would ensure that a legal obligation exists, and I hope the Minister will look carefully at the issues we are raising today.

Amendment 356A from the noble Baroness, Lady Morgan, would put a duty on British Transport Police to take steps to prevent violence against women and girls on trains. This is a national emergency: one in four women have experienced domestic abuse, and a woman is killed by a man once every three days. Given that fewer than one in six victims of rape or attempted rape report their assault to the police—the reasons cited including that the police would not believe them or could not help them, or that they would not be understood—and given that only 2.6% of rape offences result in a charge or summons, it is crucial we do everything we can to assist in this process.

We fully support specialised teams tackling violence against women and girls in every police station, including British Transport Police stations, and we welcome the Government’s overall work in this important area.

The amendment also raises the issue of rolling stock design. As the railway comes under public ownership, there is a real opportunity for the Government to lead on the right design of the interior of their new fleets of trains; procedures to cut out crime and ensure safety and accessibility for everybody should be the heart of that design. However, it should be noted that the rolling stock would not be publicly owned; rather, it would continue to be leased, as now. That issue may need to be looked at again.

Amendment 356F from the noble Lord, Lord Hendy, would create the offence of assaulting a public transport worker, which is similar to the offences of assaulting retail workers and emergency workers. We are sympathetic to this amendment but as the noble Lord himself indicated, the wording may need refining. However, the principle behind it is clear, and it is obvious that protection is needed.

This is an important group of amendments that addresses the safety of our railway networks, systems and travelling public. I look forward to the Minister’s response to the many serious points that have been raised.

Lord Blencathra Portrait Lord Blencathra (Con)
- View Speech - Hansard - - - Excerpts

In rising to support Amendment 356A in the name of my noble friend, I recognise that the problem will probably be enforcement, and the answer may have to be a lot more British Transport Police routinely patrolling certain trains.

I also want to raise another issue which affects women. The amendment deals with the big crimes—rape and other sexual offences, stalking, upskirting and domestic abuse—but women and girls also suffer bad behaviour on trains. For example, if a woman or girl gets on to a train and the only seat left has some yob’s rucksack on it, how many would say, “Could you move your rucksack, please?” They would probably stay silent, afraid that if they did speak up, they would be attacked.

The same things happen late at night, when groups of youths have been drinking and are making a noise or playing their music loudly, causing a complete disturbance. A few weeks ago, I had the guts to tell someone to take his feet off the seats, and he did. But I wonder how many women and girls would actually take that action, asking people to turn the music down, behave themselves, stop the swearing and loutish behaviour, and stop throwing their empty beer cans about. Women will not do that sort of thing—they will not take action—and are therefore suffering.

I do not have an answer to this problem, but it has to involve improving behaviour on trains generally. Perhaps, like the US Transportation Secretary, who told people to dress properly on planes and not like scruffs just off the beach, we should say similar about Great British Railways: when you are on trains in future, behave yourselves, because women and girls are suffering.

--- Later in debate ---
Lord Davies of Gower Portrait Lord Davies of Gower (Con)
- Hansard - - - Excerpts

My Lords, Amendment 356H is in my name and that of my noble friend Lord Cameron of Lochiel. It seeks to strengthen Clause 110 by ensuring that those who are concerned in the supplying of electronic devices used in vehicle theft are brought within the scope of the new offence.

Vehicle crime remains a persistent and evolving challenge. Organised criminal networks are increasingly turning to sophisticated electronic devices—such as signal jammers, key programmers, and relay attack tools—to bypass modern vehicle security systems. These devices are not sold in back alleys alone: they are traded online, often under the guise of legitimate diagnostic equipment, and then misused to facilitate theft. The law must keep pace with this reality. Clause 110 rightly takes some steps towards addressing this growing problem, and I welcome the new provisions.

However, I have one particular question for the Minister. What is the difference between this new offence and the offence of going equipped for stealing under Section 25 of the Theft Act 1968? I note the different maximum penalties, being three years’ imprisonment for the Section 25 offence and five years’ imprisonment for the new offence in Clause 110, but is that the only difference? I ask this not to be overly critical but simply to understand the rationale behind the inclusion of this new offence.

I recognise that electronic devices for stealing vehicles are a new and evolving problem, and, as such, the new offence must be watertight. That is why I have tabled my amendment. I am sure the Minister will have a sense of déjà vu when speaking to this amendment. It is similar in nature to the amendment we tabled in Committee to Clause 13 of the Border Security, Asylum and Immigration Bill last year. In that Bill, our amendment sought to add possession with the intent to supply to the new criminal offence of supplying an article for use in immigration crime. The Government listened to us and tabled their own amendment on Report to widen the scope of that offence to include being concerned in the supply of a relevant article. Amendment 356H is intended to close the same possible loophole in Clause 110 as existed in the original drafting of Clause 13 of the border security Bill.

Clause 110 contains two separate offences. Subsection (1) states:

“It is an offence to possess an electronic device in circumstances which give rise to a reasonable suspicion that the device will be used in connection with a relevant offence”.


Subsection (2) states:

“It is an offence to import, make, adapt, supply or offer to supply”


such a device. That captures quite a wide range of activities, but what is missing from this aspect of the offence is possession with intent to supply such a device, or any other activity relating to the supply of these devices.

My amendment would address this gap by including two further offences. It explicitly includes possession with intent to supply an electronic device in circumstances which give rise to a reasonable suspicion that the device would be used in connection with the theft offence. It contains the same language that the Government brought forward for the Border Security, Asylum and Immigration Bill. Proposed new paragraph (b) in the amendment therefore states that a person commits an offence if they are

“concerned in the supplying of, or the making of an offer to supply”

such an electronic device. This would, I believe, capture those who are knowingly involved in the chain of supply: those who broker deals, advertise devices or otherwise facilitate their distribution.

Without this amendment, there is a risk that individuals who play a crucial role in enabling vehicle theft will escape liability simply because they are not the final supplier. That is a loophole we cannot afford to leave open. Given that the Government accepted that this was a gap in what is now the Section 13 offence in the Border Security, Asylum and Immigration Act, I hope the Minister will agree that it is a loophole in this offence that should be closed. I beg to move.

Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
- View Speech - Hansard - -

My Lords, we support the noble Lord, Lord Davies of Gower. He has hit the nail on the head with this amendment about the intent to supply electronic devices for car theft, which has become an epidemic in this country. Data assessed by colleagues in the other House revealed that, in 2024, 75% of vehicle thefts were unsolved and only 2% resulted in a suspect being charged or summonsed, with 95,000 cases being unsolved. In November 2025, a BBC report showed that keyless car theft devices used by criminals can be found online and retail for around £20,000. According to that report, video guides and devices can be easily found online, allowing access to high-end cars such as Jaguars and Range Rovers and upwards. The Bill provides an offence for owning such a device. This amendment would address the potential loophole for those supplying the device.

I wait with interest to hear the Minister’s response. Motorists are taxed to the hilt, and pay road charges and congestion charges. I do not think it is unreasonable that the Government try to do something to protect motorists’ vehicles. All the money goes in—we pay our road taxes and our insurance. The numbers are staggering, with 95,000 cases last year unsolved. If you own a reasonably priced car, after working hard, there should be something to protect you from the people supplying the equipment rather just than the person using the equipment. I will be interested to hear the Minister’s response.

Viscount Goschen Portrait Viscount Goschen (Con)
- View Speech - Hansard - - - Excerpts

My Lords, briefly, I support my noble friend’s amendment, which seeks to fill a lacuna in Bill. It seems that the Government and my noble friend will be very close in what they trying to achieve, which is to remove these devices from sale and use and to make it more difficult for the criminals.

When the Minister responds, can he take the opportunity to say a word or two about enforcement? As the noble Lord, Lord Goddard, said, these devices are advertised for sale online. I think the Committee would like to know what efforts the authorities will take to try to pursue proactively those suppliers—we heard an awful lot in another Bill about smashing the gangs. The Committee would benefit from some explanation of how this provision will be used. Clearly, if a criminal in a stolen motor vehicle has a device on them when they are arrested, that is pretty straightforward: they are on their way to do that. However, I am interested in tackling the root of the problem and the pursuit of the individuals who are supplying these devices. What measures can be taken to prevent that at source? I would be very grateful to know.

--- Later in debate ---
Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
- View Speech - Hansard - - - Excerpts

My Lords, briefly, because very good points have been made, I am tempted to say, yes, we need to increase penalties or threaten people with prison, because fare dodging does drive me mad, particularly on the Tube. It is partly the brazen, quite violent and intimidatory way that it happens for ordinary people: you are pushed out of the way and you just do not know what to do. We are not all Robert Jenrick with a camera: you want to intervene, you want to say something, you want to have something happen, but it does not happen. What has occurred is a normalisation of anti-social behaviour. The difficulty is whether we can legislate against that, because it seems to me that, partly at least, this is cultural and we have a situation where members of the public look away.

But I do think there is a problem with staffing. Whether TfL staff in particular are intimidated or whether they are indifferent, it is hard to tell, but I can assure noble Lords that they are not intervening very much. Despite the fact that this has had a lot of publicity recently, I have seen that it carries on, it seems to me, all the time. Even if you talk to the staff, they look the other way. It is one of those things: you do not want to be a grass and so on—by “you” I do not mean the noble Viscount—but I can see people feeling “I don’t necessarily want to go and report on that person, and I’m not sure what to do”. In other words, the public are stymied and are not quite sure how to respond. It is ironic, because we are constantly told that we should respect public-facing staff, and that is absolutely right, but if the public-facing staff do not respect us as members of the public, it makes it difficult. So, I am not convinced, despite the good intentions of this amendment, that it is the solution, because I am fed up with laws being added to the statute book that nobody enforces—it seems to me to bring the law into disrepute.

I want to add a note about the difficulties of buying tickets on national rail and knowing whether you are using the right ticket. I can assure noble Lords that I have made mistakes, but one reason that you can make a mistake is if you have a ticket for a fixed time and the train is late and you get on another train, you can actually be reprimanded for being on the wrong train when in fact it has just arrived at the time that the train that you were going to get should have arrived or has not arrived. I will not bore noble Lords with the details, but anyone who has travelled on trains regularly will know what I am talking about—and then to be sneered at by a member of staff. It seems to me that the danger here is that the innocent could indeed find themselves at the receiving end of a more draconian enforcement, whereas the culprit, as it were, gets away with it.

I also want to draw attention to the dangers of fast-track court processes. I really hate this single justice procedure, and it is worth noting that TfL are the people who use it most to prosecute people. The noble Lord, Lord Blencathra, made the point that you can appeal to magistrates. Well, not in that instance, because you are not in the courtroom; it is all happening behind your back. I just worry about injustice occurring. On the other hand, I would like to hear from the Government what strategy they have: not relying on one person with a video camera to expose this, but a campaign about fare dodging would do no harm, because it is public money and the public get very irritated by it. I do not think we need an amendment, but I would not mind some action being taken.

Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
- View Speech - Hansard - -

My Lords, this is an interesting group of amendments, although I think we have strayed slightly away from the intentions of the mover of the amendment. Amendment 365 is another amendment from the Conservative Benches increasing penalties for fare dodging. As other speakers have said—and I am glad that the noble Lord, Lord Davies, acknowledged this—the key to enforcement is consistency in how these regulations are applied and, currently, that is not the case. I hope that Great British Railways, when it takes over the franchises, will guarantee some common training and work in that area, which will stop the blindingly obvious things that we see. I have seen it at Westminster station here, where three people have just burst a barrier and there have been two staff members there with their arms folded almost waving them through: “It’s not my job, go”, and off they went.

I will just make one comment. I do not think the noble Baroness, Lady Fox, said it with any intention, but I have never found any staff on British railways to be sneering and offensive, but we have to understand that sometimes they are dealing with people who make a professional life of travelling on the railways without paying. I have been on a train down to London, and sitting across from me was a gentleman with a son who looked about 10 years of age with a little iPad. When we had got almost to Milton Keynes, about two miles out, a ticket collector came through and the man had a single off-peak ticket to Macclesfield, which is the next station from Stockport. He was not going buy another ticket—“I’m not buying a ticket. You can’t throw me off this train. I’ve got a child with me”. That is the dilemma that the train manager faces. It is emotional blackmail, and how often does this happen? But the train manager was very polite. He dealt with him, and just asked him to either buy a ticket with his credit card, or he would have to get off at Milton Keynes and there would be a policeman waiting for him there. That seemed impossible to do, but he made a quick phone call, we pulled into Milton Keynes and the chap had to get off, because there was some peer pressure from other passengers, I must admit, and there was a policeman waiting for him. That sends a real message about the connectivity of what guards can do without having to get into a confrontation with passengers.