Crime and Policing Bill

Lord Hacking Excerpts

Wednesday 19th November 2025 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, we on this side of the Committee are grateful to the noble Lord, Lord Hogan-Howe, for bringing forward this thoughtful group of amendments relating to the controls on offensive weapons. Each of these amendments raise practical questions about the application of current laws that relate to offensive weapons and seek to ensure that legislation designed to protect the public does not inadvertently criminalise legitimate, historically important or professionally supervised activities.

Amendment 211 proposes a defence where a weapon is of genuine historical importance. The reasoning behind this amendment is eminently sensible and aligns the treatment of such items with existing defences relating to antiques and curated collections. This is a meaningful distinction between dangerous modern weapons intended for misuse and historical artifacts preserved for cultural or heritage purposes. There is an important question here on proportionality and the scope of reasonable excuse. I hope the Government will reflect carefully on whether existing provisions fully address the concerns raised.

Amendments 212 and 213 relate to the traditional straight police truncheon and agricultural tools. I can tell the Committee that in my 32 years as a police officer, I did not use my truncheon on anybody, but it is very useful for silencing alarms in business premises in the middle of the night when you cannot get the keyholder out of bed. Here too, we recognise the practical issues that these amendments seek to resolve. It is not a controversial belief that items with legitimate ceremonial, historical or agricultural uses should not inadvertently fall within criminal restrictions where there is no evidence of misuse. The examples provided in support of these proposals make clear that the law must operate with fairness and precision, and I hope the Government consider them with due regard.

Amendment 214 addresses a wide range of potential exemptions for visiting forces, emergency services, theatrical and film productions, museums and antiques. These are complex areas with operational realities that deserve serious thought. The amendment raises legitimate questions about how the law accommodates professional and historical circumstances without undermining public safety. I look forward to hearing the Government’s thoughts on, and response to, this amendment.

These amendments rightly probe the intersection of criminal law with the heritage and cultural sectors. These are sectors that must be protected. We cannot allow well-meaning legislation unintentionally to criminalise legitimate historical and cultural activities. We look forward to the Minister’s response and assurances that these matters will receive the careful consideration that they merit.

[Lord Hacking (Lab)]

My Lords, I stand to ask for guidance from the Dispatch Box. When I was doing my national service in the Royal Navy in March 1957—I can date it precisely—I became a midshipman. With that ranking, I was awarded a midshipman’s dirk, which I still hold today. I cannot find that dirk falling under any of the exceptions proposed by the noble Lord, Lord Hogan-Howe. Do I therefore have to table a special amendment to make it lawful for me to continue to hold my midshipman’s dirk?

[Lord Blencathra (Con)]

Before the Minister replies, I will briefly respond to the very kind remarks of the noble Lord, Lord Stevens of Kirkwhelpington. To continue the love-in, I say that he was not only an excellent commissioner but a superb chief constable. He was a hands-on bobby as chief constable.

One night, he decided to go out in a squad car in plain clothes. He was sitting in the back, and a call came in for the officers about an incident around the corner. The officers said, “You just sit there, sir, we’ll go and have a look at it”. No sooner had the officers disappeared than the back door of the car was wrenched open, and a Geordie stuck his head in and said, “It’s okay, mate, you can scarper now—the rozzers have gone”. The noble Lord did not scarper.

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

Indeed. On reflection, I think I can tell the noble Lord, Lord Hacking, that his dirk is a dagger and therefore does not fall within the remit of the legislation proposed—I think that information was considered by my noble friend Lord Katz but it was not able to be deployed at the time. However, we can return to that at some point.

[Lord Hacking (Lab)]

My Lords, I am greatly relieved.

[Lord Hanson of Flint (Lab)]

I am glad that the noble Lord is relieved about that.

The serious point here is that getting the defences and exemptions under which weapons may be legal to own, import or sell under certain limited circumstances right also requires consultation—I think the noble Viscount, Lord Hailsham, and the noble Lord, Lord Sandhurst, acknowledged that. In the absence of such consultation, I suggest that the Bill is not the right place to legislate on a specific category of knives and weapons, and we risk not taking account of some important matters if we have not consulted first.

In any event, it would be possible to give effect to these proposals for further restrictions through existing regulation-making powers provided for since the Criminal Justice Act 1988. Any such regulations would be subject to the draft affirmative procedure, so, again, they would be subject to debate in and approval by both Houses of Parliament.

We have debated the provisions in Chapter 1 of Part 2 which introduce new measures to provide the police with the power to require social media marketplaces and search services to take down online illegal content. I understand the honest, genuine motivation of the noble Lord, Lord Blencathra, in tabling these amendments, but just a casual listen to the debate today shows that there are a number of issues that we need to consider, and I believe that the existing powers that we have, the actions that we have taken and the measures under the Bill will be sufficient. I therefore ask the noble Lord to withdraw his amendment.