Crime and Policing Bill

Lord Hampton Excerpts

Committee stage
Monday 15th December 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, Amendment 337 replicates for Northern Ireland the provisions of Clause 105, which apply to England and Wales. Amendments 520, 550, 559 and 561 are consequential to Amendment 337.

Currently, the definition of regulated activity—that is, roles that are subject to the highest level of enhanced Disclosure and Barring Service, or DBS, check, such as those working closely with vulnerable adults and children—includes an exemption for work which is

“subject to the day to day supervision of another person”.

This means that people in roles which involve close work with children are not in regulated activity if they are working under supervision.

In its final report, the Independent Inquiry into Child Sexual Abuse recommended that anyone engaging an individual to work or volunteer with children on a frequent basis should be able to check whether they have been barred by the DBS from working with children, including where the role is supervised. The Government agree with this recommendation, and, at the request of the Department of Health, these amendments make the same change to the law for Northern Ireland.

The noble Lord, Lord Hampton, has Amendment 337A in this group. I will respond to that once we have heard from the noble Lord and others. For now, I beg to move.

[Lord Hampton (CB)]

My Lords, I will speak to Amendment 337A, in my name and those of the noble Baronesses, Lady Spielman and Lady Doocey. As ever, I declare my interest as a state secondary school teacher and as a level 2 ECB cricket coach, which is relevant here. I tried to table a similar amendment to the Children’s Wellbeing and Schools Bill but was told that it would be better here, so here we are. I give thanks to Alistair Wood of Edapt, who has doggedly pursued this issue.

I was astounded to learn earlier this year that someone who has been barred from working with children can still privately tutor without having to reveal their conviction, as it is a private matter between tutor and parents or carers. Amendment 337A therefore seeks to address a simple but significant safeguarding loophole in the Safeguarding Vulnerable Groups Act 2006 that allows individuals who have been barred from working with children to operate entirely legally as private tutors, coaches or instructors in out-of-school settings.

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[Lord Katz (Lab)]

I am grateful to the noble Lord, Lord Hampton, for setting out the case for his Amendment 337A. I pay tribute to his advocacy on this issue and on many other related issues as a teacher and—I did not realise this until tonight—as a cricket coach as well. I hope he is doing good work churning out a better set for the next encounter we have with the Australians, because I am afraid I have fears for the third Ashes Test, which is due to begin.

I also pay tribute to other noble Lords who have spoken in this debate. As the noble and learned Lord, Lord Garnier, said, to demonstrate the cross-party nature of the issue that we are talking about and the consensus, we must make sure that there is protection for families and young people in every scenario and every setting. I thank the right reverend Prelate the Bishop of Manchester for bringing the specific issue of music tutoring to the Committee’s attention, and the noble Lord, Lord Bailey of Paddington, for sharing his experience from his years as a youth worker.

As the noble Lord, Lord Hampton, has explained, this amendment seeks to prevent individuals who are barred from working in regulated activity with children from working as private tutors when hired directly by a parent. It does this by specifying that private tutoring is a regulated activity, even when provided under a private arrangement. I can assure the noble Lord that this amendment is unnecessary because the existing legal framework already achieves this outcome. Under the Safeguarding Vulnerable Groups Act 2006, teaching, including private tutoring, that meets the statutory frequency criteria—for example, on more than three days in a 30-day period—is already a regulated activity. It is already an offence for a person on the children’s barred list to undertake such activity.

It is certainly the case, as the noble Lord pointed out, that parents are currently unable to check whether a private tutor is barred from working with children. This is because, under the current legislation, self-employed individuals cannot access higher-level DBS checks, which may include information on spent convictions, cautions and barred list status. However, I am pleased to inform your Lordships that on 20 November, the Government laid a statutory instrument, which was debated in the other place this very evening and is due to come into force on 21 January. It is an affirmative statutory instrument, so your Lordships’ House will be discussing it early in the new year.

This SI will allow individuals who are self-employed or employed directly by an individual or family where they are engaged in regulated activity with children and adults to access enhanced DBS checks, including checks of the relevant barred lists. As a result, private tutors who meet the statutory frequency criteria for regulated activity with children will be able to obtain an enhanced DBS certificate, including a check against the children’s barred list. Parents will be able to see this check before deciding whether to engage the tutor and will not become regulated activity providers by doing so.

This statutory instrument delivers the core safeguarding purpose of the amendment, enabling parents to check whether a prospective tutor is barred by the DBS from working with children and giving them the information that they need to make confident and informed decisions. I have already spoken about the government amendments, but in response to the question asked by the noble Lord, Lord Davies, around engagement with the Northern Ireland Executive, they approached us to ensure that there was UK-wide coverage of the enhanced scheme. We have been working very much hand-in-glove with them to develop the regime that the government amendments put in place.

I hope that on that basis, the noble Lord will not move his amendment but will support the government amendments.

[Lord Hampton (CB)]

I am not quite sure that I understood properly. The statutory instrument will allow parents to check whether somebody is on the barred list, but it does not seem to affect the critical bit. People can still work with children or say that they are tutors even though they are on the barred list. Am I correct? This seems to be the crux of the whole thing more than where parents sit on this and whether they are regulated providers.

[Lord Katz (Lab)]

The important change that we are making is that it enables parents to access checks at the higher level, so they will be able to decide on whether to engage somebody. The parent will be able to access the check, see their history and, based on what the DBS check throws up, decide whether they will be engaged without necessarily becoming classified as a provider as in the current regime. That is an important distinction. It does not pull them into a different sphere of activity but allows them to ask a crucial question: is this person fit to be a tutor for my child?

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[Lord Hampton (CB)]

As the noble Lord, Lord Bailey of Paddington, and the right reverend Prelate were saying, the fact that these people can set themselves up as tutors or much respected musical educators is what I find astonishing. There seems to be no way of stopping these people posing as those even when they are on a barred list. They cannot work in a school or somewhere where they would be regulated, but they can work in people’s homes—in people’s bedrooms.

[Lord Katz (Lab)]

I understand the point that is made, but the system is about evaluating, classifying and giving information—in the current case to institutions—about the worthiness of the individual to work with children or with anybody in a safeguarding situation. We are levelling the playing field so that anybody who wants to engage someone in that capacity can do that and have the same knowledge and security that they are engaging with somebody who is—

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[Baroness Hayter of Kentish Town (Lab)]

My Lords, I shall speak to Amendment 350 in my name and that of the noble Baroness, Lady Finlay, Amendment 416B in my name and that of the noble Lord, Lord Ashcombe, and Amendments 356G and 398 to which I have added my name.

I will turn first to Amendments 350, 356G and 398, about drink-driving, something we all want to see end. Amendment 350 would bring the UK into line with virtually every other country by reducing the permitted blood alcohol level from 80 milligrams to 50 milligrams of alcohol per 100 millilitres of blood. This has widespread support among the public and has been endorsed by an impressive range of organisations, including the BMA—which is not very popular at the moment—the National Police Chiefs’ Council, IAM RoadSmart, PACTS, RoSPA, the Royal College of Physicians, the Royal College of General Practitioners, the Society for Acute Medicine, the College of Paramedics, the Royal College of Emergency Medicine, the Association of Ambulance Chief Executives, and the Association of Police and Crime Commissioners—in other words, exactly the people who have to pick up the pieces when drivers have been behind the wheel after drinking. As RoSPA’s strapline states,

“accidents don’t have to happen”

—never so true as with drink-related car crashes.

The arguments are clear. England and Wales are now the only countries in Europe with a limit as high as 80 milligrams per 100 millilitres of blood. All the others, including Scotland, have a limit of 50 milligrams or lower, which the bodies I have name-checked want for new and commercial drivers. A 50-milligram limit leads to fewer crashes and fewer deaths and injuries. Drink-driving fatalities have risen to a fifth of all road deaths, the highest rate since 2009. That is 260 deaths a year, with the victims often an innocent passenger, a pedestrian or a driver from another car. That is only part of the problem, with over 7,000 casualties, some life-changing, because while wonderful medicine and brilliant ambulance staff can save lives, they cannot always save limbs. Public support for change is overwhelming, with three-quarters favouring a lower limit, and nearly this number wanting zero tolerance of drink-driving.

Amendment 398 allowing random breath tests, tabled by the noble Earl, Lord Attlee, and supported by the noble Lord, Lord Browne of Ladyton, would be a major disincentive to drivers, knowing they could be stopped on any road for a quick blow-into-the-bag test. Few would risk their licence if the chances of being stopped were increased and unpredictable. Regrettably, enforcement of our existing laws has nearly collapsed, with the number of breath tests more than halved since 2009. Meanwhile the proportion of drivers who admit to driving while over the limit has been rising, especially among the under-25s, with some one-third confessing to this. Random breath testing happens in many other countries and the effects are evident. In Queensland, Australia, a reduction from 80 milligrams to 50 milligrams with the added use of random testing saw fatal accidents drop by 18%. It is easy to see why. If the chance of being caught is slim, then the likelihood of risking it is high, but if the chance of being caught is high, then the likelihood of risking it is slim.

There is a further measure in Amendment 356G in this group, to which the noble Lord, Lord Hampton, will speak in more detail. This is aimed at the repeat drink-driver who, once caught, would then have to have an alcolock fitted to the car, meaning a compulsory unavoidable breath test before the ignition could be switched on. This measure is clear, effective and preventive, and widely used in other countries and widely supported by the public.

Finally, I turn to Amendment 416B, which might answer some of the questions asked by the noble Lord, Lord Blencathra. This is supported by the noble Lord, Lord Ashcombe, and it concerns something very different. It addresses an oddity that has grown over the years; namely, that the maximum fine for keeping or driving an uninsured car is now well below the cost of insuring a car. It is a real disincentive to bother with that small matter of purchasing insurance.

There are up to 400,000 uninsured cars on our roads every day, yet, as a result of inflation, the fixed penalty notice for uninsured driving remains at just £300, and for keeping such a vehicle a mere £100—this, when the average insurance is about £560. So the price of doing the wrong thing is half of doing the right thing.

Of course, any accident of an uninsured cover driver is covered by all the rest of us via our insurance premium, because some of that funds the Motor Insurers’ Bureau, which pays out. The victim of any crash caused by an uninsured driver is still compensated, so we are all paying for the uninsured driver. Every 20 minutes, someone is injured by an uninsured driver. Indeed, those drivers account for about 130 of the deaths that I have mentioned each year. Despite that, deterrence against non-insurance is minimal so long as the fine is half the average premium.

Our intention when we looked to table an amendment was simple: we wanted to increase the level of the fine, whether for keeping or driving an uninsured vehicle, to a figure well above the cost of insurance. However, that fell foul of the clerks, who advised that it was out of scope of the Bill, meaning that we could not table a change to increase the penalty. What is in scope is to allow the police to confiscate an uninsured vehicle and to hold it until it is insured or, failing that, for the police to take ownership of it—when I told my noble friend the Minister this, I think he hoped it was a Jaguar that was going to be uninsured, which would help the police no end.

Of course, it would be a real incentive if you would lose your car if it was not insured. It was not the original intention to call for that, but I have to say that now it is on paper I am rather attracted to it. However, my question to the Minister today is: please will the Government either take their own action to jack up these fines for having an uninsured car or take the more radical step of giving police the nod to confiscate any car on the road without insurance?

In summary, the amendments to which I put my name would deter people from keeping or driving an uninsured car. Via the random breath tests, about which we will hear shortly from the noble Earl, Lord Attlee, they would deter people from driving after drinking. Via the lower blood alcohol level, they would push down the rates of driving after drinking and, via the alcolocks, they would prevent a drink-driving offender taking to the car for a second time. I commend the amendments to the Committee.

[Lord Hampton (CB)]

I shall speak to Amendment 356G in my name and that of the noble Baroness, Lady Hayter of Kentish Town, who has spoken so forcefully on the subject.

Drink-driving remains one of the most preventable causes of death on UK roads. The latest Department for Transport figures show that an estimated 260 people were killed in crashes on Britain’s roads involving at least one driver over the legal alcohol limit in 2023, and approximately 1,600 people were seriously injured.

Alcohol interlock technology, or alcolocks, can reduce reoffending and save lives. Alcolocks prevent a vehicle from starting if alcohol is detected on the driver’s breath. The driver has to breathe into a tube, and the levels of alcohol are instantly detected before the engine is able to be turned on. According to the RAC Report on Motoring 2025, 82% of UK drivers support the introduction of alcolocks, so—stops, looks meaningfully at Ministers—it is very popular with voters. Research for the RAC report also found rates of admitted drink-driving near pre-pandemic levels, with more than one in 10 respondents, 12%, saying they had driven when they thought they were over the limit, either directly after drinking or on the morning after. The figures for younger drivers were even more pronounced, with 14% of those aged 25 to 44 admitting to drink-driving, and as many as 18% of those under 25.

The good news is that alcolocks are already in the Road Safety Act 2006, but the experimental wording in its Section 16 effectively turned the interlock provisions into a contingent pilot that ended in 2010. That pilot was never fully taken forward and the powers never came into effect. As a result, alcohol interlocks are not part of the UK courts’ sentencing toolkit. This has left the interlock scheme in limbo, despite years of persistent drink-driving offending and the accompanying road deaths and injuries. However, removing this experimental wording will mean that the interlock scheme under Section 15 of the Road Safety Act can be brought into force, restoring the original purpose of the Act to give courts a rehabilitative, safety-oriented sentencing tool for drink-drive offenders.

Section 16 meant that courts could impose an alcohol ignition interlock programme order only in designated pilots or trial court areas—that is, only in areas specifically chosen by the Secretary of State. This was a purposefully cautious approach for any scheme to be selective and closely monitored to build an evidence base. However, the evidence base is now robust and expansive, and the UK is behind the curve, with all 50 US states, most EU countries, New Zealand and more all introducing a form of alcohol interlock programme, with substantial research available that supports their effectiveness.

This provision is already there in legislation; it just needs a tweak. These international programmes show that alcolocks can reduce reoffending by up to 70% and are as effective as airbags in reducing road deaths. All the Government have to do is accept this amendment.

[Lord Blencathra (Con)]

May I ask for one point of clarification? These alcolocks sound fantastic. Do they have to be fitted by the manufacturers when the car is made, or can they be attached as a gadget afterwards?

[Lord Hampton (CB)]

I hear that they can be fitted in an hour for under £200.

[Earl Attlee (Con)]

My Lords, I have Amendment 398 in this group. I will first address my noble friend Lord Lucas’s Amendment 345. My noble friend Lord Blencathra expertly articulated it, but I fear that I did not find it convincing. As I understand it, he is really proposing a function that should be undertaken only by a police officer or the police. The power to detain a vehicle is a significant one and should not be undertaken lightly. I am not in favour of this amendment, and I hope that the Minister will speak in similar terms.

The noble Baroness, Lady Hayter, is a tireless advocate of road safety; if she had not tabled her amendment, I would be worried for her. Had she run out of steam? Apparently not. I agree with much of what she said about the harm that alcohol can cause and will not repeat what she said so skilfully. While we are closely aligned, we part company over what is an appropriate blood alcohol concentration, or BAC. The Committee will recognise that the Grand Rapids study showed that the standard of driving deteriorates rapidly once a blood alcohol concentration of 80 milligrams is reached, and that is why our drink-drive limit is set at that level. However, I agree that there is no safe limit for driving a vehicle and that any alcohol will cause a deterioration in the standard of driving.

I suggest to the Committee that there are three broad classes of drink-driver offenders. I accept that there is a small cohort who regularly drink sufficient alcohol to take them to, or over, the limit. The next is a group who make a horrible mistake and, for one reason or another, unusually find themselves driving over the limit. I will not rehearse all the reasons why this may happen, but there is no excuse; they are relatively easily caught by a skilled traffic police officer. This is partly because they give themselves away with their style of driving. This offence is no longer socially acceptable and we rightly have severe minimum penalties in place.

I contend that the real problem lies with unregulated drinkers who are usually clinically dependent on alcohol, have no idea how much alcohol they have drunk and pay absolutely no attention to what the law says. Lowering the BAC will have no effect at all on them. The bad news is that their driving tends to be very fluid, so it is hard for the traffic police to detect them from their driving alone, and they often drive only short distances.