Crime and Policing Bill

Lord Pannick Excerpts

Wednesday 11th March 2026 Lords Chamber

[Lord Addington (LD)]

My Lords, I am an unworthy substitute for the noble Baroness, Lady Pidgeon, but I am afraid it is one of those occasions when real life catches up with your Lordships’ House; it has stopped her being here today. She supports the amendment. When you start to think about it, it comes under the heading of a no-brainer: there should be a consistent approach. If you are taking on an economic activity to transport something across the country, you should have a rough idea about a consistent approach to transporting it. If you have not, there should be a very good reason. There does not seem to be one, other than it having been decided that they will be charged at this rate.

Heritage railways are a nice cause, but there are more widespread and universal economic impacts from this if you transport goods on our main transport system without incurring extra, sometimes prohibitive costs. It would be comparatively easy for the Government to at least bring them into line and give them some steer as to a realistic level of charge to be placed on them. At the very least, admin considerations around this can be cut down. I hope the Minister will be able to tell us that it is all in hand and that the Government have a timetable for making sure anybody involved in this knows what is happening, so that everybody can say “thank you very much” and move on to the next issue.

[Lord Pannick (CB)]

My Lords, I too support the amendment. I suggest that if, as I hope, the Minister agrees that regulations are needed, they should not just deal with consistency but impose a substantive limit on the fees to be charged. It seems that in this context, as in many others, the maximum that should be charged is the cost incurred to police forces.

[Lord Cameron of Lochiel (Con)]

My Lords, although the movement of abnormal loads may seem like a niche and marginal activity, my noble friend Lord Attlee, who recently retired from your Lordships’ House, laid out a compelling argument in Committee for why that is not the case. The heavy haulage industry is a vital component of our national infrastructure and construction sectors, yet the framework governing when police escorts are required and how much may be charged for them is inconsistent.

It is wonderful that my noble friend Lord Parkinson has now taken up the mantle on this matter. He began his contribution by outlining his concerns about the use of heavy haulage by the heritage railway industry, an issue also raised by the noble Lord, Lord Faulkner of Worcester. The issues are wider than that. In Committee, Earl Attlee spoke with considerable authority on this matter and set out the difficulties that parts of the industry have experienced. In particular, he highlighted the sharp increase in charges in certain areas and the absence of any national framework governing those fees. In some cases, police forces have charged for a full shift of officers, even where the escort itself may take a very short period of time. Industry representatives have raised understandable concerns that such practices can result in costs that far exceed the cost of the haulage operation itself.

The overwhelming majority of police forces apply the relevant legislation in good faith and without difficulty. The problem appears to arise in only a minority of forces, where the absence of national guidance has led to practices that the industry considers disproportionate. The result is uncertainty for hauliers, increased costs for major infrastructure projects and, ultimately, inefficiency within a system that should be operating smoothly.

Therefore, the amendment seeks to ensure that there is a clear national framework. It sets out when police escorts are truly necessary, as opposed to private self-escorts, and would establish a transparent schedule of fees. It also sensibly seeks to allow police forces to apply to the Secretary of State for flexibility in genuinely exceptional circumstances. Put simply, the amendment balances the need for consistency with the operational realities that police forces face. For those reasons, I am grateful both for the tireless campaigning of Earl Attlee and to my noble friend Lord Parkinson for continuing to push the Government on this matter.

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

My Lords, I join all the speakers in the debate on this small but important issue in praising the noble Earl, Lord Attlee, who, after almost 34 years of service in this House, retired just a few days ago. It would be remiss of me not to join in paying tribute to him, his work and the tenacity with which he pursued this issue, including recruiting the noble Lord, Lord Parkinson of Whitley Bay, and my noble friend Lord Faulkner of Worcester to take up the cudgels on his behalf. He was a true champion of the heavy haulage industry. As the noble Lord, Lord Cameron of Lochiel, said, it is important that we focus on this not just because of the impact on the Heritage Railway Association—as dear as it is to many hearts in your Lordships’ House—but because of the importance it has to our economy, including all the construction and infrastructure that we wish to provide.

Earl Attlee took great pride in being the only Member of your Lordships’ House to hold an HGV licence. I hope that, in his absence, he is pleased to know that that knowledge gap has been bridged in some part by my newly introduced noble friend Lord Roe of West Wickham. By virtue of being a firefighter, he holds—or at least held—an HGV licence for the purpose of driving fire engines. I think that Earl Attlee would have appreciated that.

Moving to the matters before us in the amendments, as noble Lords have explained, the amendment relates to setting criteria specifying when a police escort is required and charges levied by the police for escorting abnormal loads and would require the Secretary of State to establish a framework to regulate such fees. While I recognise that the aim of the amendment is to improve consistency and predictability for operators moving such loads, we do not believe that a new statutory framework is necessary.

Changes have already been made to support greater consistency. In May last year, the National Police Chiefs’ Council published new guidance outlining when police escorts should be provided for abnormal loads. This was developed in collaboration with policing, industry and national highways. The NPCC Abnormal Load Guidance 2025 is the national framework used by all UK police forces to determine whether an escort is required and, if so, whether that escort must be provided by the police or can be undertaken as a self-escort. Furthermore, a national framework setting out charges for escorting these loads already exists. Section 25 of the Police Act 1996 contains a power for the police to recharge the cost of policing in specific circumstances. Fee levels are set out in the guidance on special police services by the NPCC, and this is updated annually.

Introducing a standardised regulatory framework—as I said in Committee, and I will repeat it here—undermines the ability of forces to respond flexibly and proportionately to local needs. We cannot escape this fact. The operational demands placed on police forces by abnormal load movements can differ across the country and are influenced by a range of local factors, including geography, road infrastructure, traffic additions and the availability of police resources.

To be clear, the Government take this issue seriously. As we have heard, following a meeting with the noble Earl, Lord Attlee, my colleague, Policing Minister Jones, wrote to West Midlands Police to pass on her concerns. I am grateful for the commendation from the noble Lord, Lord Parkinson, and my noble friend Lord Faulkner, of that correspondence. As a result, I understand that West Midlands Police is undertaking an independent, expert evaluation to assess the force’s compliance systems and processes against the NPCC guidance.

It is important to allow time for the recent guidance to have effect before considering further action. Furthermore, to ensure that it remains fit for purpose, the NPCC has committed to formally review its abnormal loads guidance 12 months after publication; that is, in May of this year—a couple of months’ time.

I understand noble Lords’ concerns around the adherence of police forces to this guidance. Therefore, I can confirm that the Government will write to the NPCC following Royal Assent of the Bill to remind forces of the need to follow the guidance I have mentioned.

The noble Lord, Lord Parkinson, and, in the same spirit, my noble friend Lord Faulkner asked what weight could be given to the guidance issued by the NPCC and what actions might be pursued by West Midlands Police as a consequence. As I have already said, West Midlands Police is undertaking a review. This is NPCC guidance, which it is itself reviewing to make sure that it remains current and responsive to issues that emerge over time.

There is always a balance between having inflexible statutory guidance, inflexible statutory regulation and guidance that is operated locally. We are currently on the side of the latter. Within that, this is national guidance. Police forces will pay great attention to that. They will pay even greater attention to the idea that, to quote my noble friend Lord Faulkner, the Policing Minister is “on the case” with this. With respect, I think that is an appropriate level of intervention. The Government are aware that it is an important issue. We will always keep our eyes on it and make sure that we can have a level of scrutiny to ensure that police forces behave respectfully toward hauliers while maintaining their local operational independence.

[Lord Pannick (CB)]

I am very grateful to the Minister. Will the letter that the Minister mentioned make the point that it is unacceptable in principle for police forces to seek to make a profit via the imposition of these fees?

[Lord Katz (Lab)]

I would need to go back and check on the correspondence for the noble Lord, but this is about making sure that this is covering costs, rather than anything else.

--- Later in debate ---

[Viscount Hailsham (Con)]

My Lords, I have real reservations about Amendment 385, which I am afraid I cannot support. I am glad that my noble friend is not thinking of testing the opinion of the House.

I speak as a cyclist and I fear, for the reason touched on by the noble Lord, Lord Hogan-Howe, that what is proposed in Amendment 385 is likely to damage relations between the police and innocent cyclists. The truth is that, when bicycling, we all wear a variety of things that are capable of disguising our identity. I did this morning. One always wears a helmet, very frequently one wears goggles or spectacles, either as sunglasses or to keep the rain out, and when it is cold one wears a ski mask or scarf around the bottom of one’s mouth. All these things are capable of concealing one’s identity. I saw several people doing this today when I was bicycling in from King’s Cross. This will damage relations between the police and innocent cyclists.

I ask, rhetorically, what kind of person is the police officer likely to stop? Most probably, I suspect, it will be a person from an ethnic minority, who may be young too. Anybody who has been in Parliament as long as I have knows the trouble that you have from stop and search. That is proportionate, because the carrying of weapons is a serious risk. I acknowledge that it is perfectly correct that cyclists on occasion conceal themselves in order to seize bags and mobiles—that is true—but the remedy is disproportionate.

Furthermore, the amendment gives rise to an interesting question of principle. If it is right to impose this restriction in respect of cyclists, what about motorcyclists? They come into exactly the same category and are perfectly capable of snatching a bag or mobile, and most of them now have visors over their helmets. So, what are you going to do about that?

My own view is that, yes, there is a problem, but this is a disproportionate remedy. It will impact on innocent cyclists, as I venture to describe myself, and it will damage relationships between the police and the cycling community. I was very glad to hear that my noble friend indicated he will not test the opinion of the House because, had he done so, I would have voted against him.

[Lord Pannick (CB)]

My Lords, I hear the concerns of the noble Viscount, Lord Hailsham, about Amendment 385. It would confer a power on a constable to stop a cyclist without any basis, reasonable or otherwise, to suspect that they are committing an offence or are about to commit an offence, when they may have, as the noble Viscount said, a perfectly good reason to be wearing a face mask. They may have influenza, which they do not wish to share with others, or they may be concerned to avoid diesel or petrol fumes on the road. Moreover, the amendment would confer an unrestricted power on the constable to require the person concerned to remove the face covering, with the sanction of a fine or imprisonment, without any requirement on the constable to consider whether that individual has a proper reason for wearing a face mask and without any defence of reasonable excuse. I too could not support such an amendment.

In Amendment 387A, the noble Baroness, Lady Buscombe, made a powerful case about the mischief which afflicts local communities. My only concern is whether her proposed new clause would do much, if anything, to address this real mischief. The remedy would still depend on enforcement action by local authorities or the police, and would still depend on evidence which is difficult to obtain. I appreciate that police forces are independent, but the Government need to do all they can to encourage them to take action to deal with these problems. If that requires further resources then they should have further resources, but it should be a priority for effective policing.

[Viscount Goschen (Con)]

My Lords, I support my noble friend Lady Buscombe in the thrust of what she is seeking to achieve with her Amendment 387A. I do not think I heard my noble friend say that this would be a panacea or the answer to this complex situation, which clearly needs a multi-agency response. There seems to be a widespread agreement or understanding that there has recently been a substantial proliferation of essentially cash-only businesses on our high streets for nefarious purposes.

Many businesses may well be totally legitimate and carrying on as they have done for many years, but, as one example, in a town not very far away from where I live in the West Country, I recently counted 10 barbers or nail bars in a relatively short street. There are not enough nails or hair within that area, when, only a couple of years ago, approximately two would have sufficed. Either there has been a massive demand by the locals for these services or there are other motives. It seems clear that the police, trading standards and the Government know what is going on.

It is incumbent on the Minister, when he replies to the debate, to acknowledge the scale of what is happening and to give the House an indication of how a truly multi-agency and tough, robust approach will be taken to this issue to nip it in the bud. Where the public see acceptance of widespread law-breaking, there needs to be action for the law to continue to be respected.

--- Later in debate ---

[Lord Hogan-Howe (CB)]

I am not going to try to argue the case; I am making my argument, and the noble Viscount is making his. The other regulatory bodies do not have something called the IOPC, a body that is charged with investigating this type of thing. That is fine, but it imposes a further burden and further process. Two groups are badly affected: the family of the person who has died and the officer in the case. Of course, I make the case for the officer, but both matter in that both are badly damaged. For me, this is a subset of the later discussion we will have about police firearms officers, but it is just one indication of some of the aggravation of their position, when, in every case, when charged, they have been found not guilty. In the Kaba case, following a three-year process, it took three hours for a criminal court to find that there was no case to answer and the officer was found not guilty.

It is very hard to understand why the IOPC, after all that time, having not charged in the first place at the time of the event, suddenly instigated the case at a later stage. For all those reasons that I have tried to identify, police firearms officers, who take incredible risks on our behalf, are an important group that we have to consider and, unless we find some comfort for them in law, the danger is they will turn around and stop doing it on our behalf. I think this is a help. I accept the fundamental point from the noble Viscount, Lord Hailsham, that it may be inconsistent, but I would argue that we are in a pretty inconsistent place now so far as the law and the process is set up.

[Lord Pannick (CB)]

My Lords, can I add a further point to the points made by the noble Viscount, Lord Hailsham, with which I agree? The purpose of the criminal proceedings is distinct from the purpose of the disciplinary regulatory proceedings. The purpose of the criminal proceedings, of course, is to decide whether this individual should face a serious sanction of many years in prison for what is alleged. The purpose of the disciplinary proceedings is entirely different. It is to protect the public and decide whether a person who serves as a police officer is an appropriate person in all the circumstances to continue to do so.

It is uncomfortable, but it may well be the case that the director-general, on reviewing all the evidence, takes the view that this particular officer should not continue to be in the police force, should not continue to hold the responsibilities that he or she does, and should not continue to have the powers that he or she does. If this amendment is passed, we will be putting the director-general in an impossible position. It will mean that he or she has to take no action to seek to impose disciplinary proceedings on an officer against whom there may be very considerable evidence that they are simply unsuitable to remain in the police service.

That is very similar, I would suggest, to the situation the noble and learned Baroness, Lady Butler-Sloss, drew attention to, because the purpose of the family law proceedings is entirely different to the purpose of the criminal proceedings. The purpose of the family law proceedings is to decide whether the child needs to be protected and therefore those proceedings can quite properly continue in relation to the same allegations that were rejected by the criminal court.

[The Lord Bishop of Manchester]

My Lords, can I add my two-penn’orth to this? I declare my interest as the co-chair of the national police ethics committee, but I am speaking more as a serving Bishop. I have to hear disciplinary complaints against clergy. Sometimes those clergy have committed something which is being investigated first by the police. To answer the point from the noble Lord, Lord Hogan-Howe, often the police tell us, “We don’t want you interfering until we have finished”. If the result of the criminal proceeding is that the person is convicted, I can then do quite a summary process in terms of applying a penalty or perhaps depriving that member of the clergy from serving in their parish, perhaps banning them from ministry for a time or for life. But all of that is very much on that balance of probabilities, on the civil standard. It is very different from the criminal standard.

There are many cases where the police investigation may not lead to a trial or may lead to a trial and acquittal but there are still major issues around the suitability of that person to be a minister of religion, such as their safeguarding ability. I need to be able to reassure my people in my diocese by following a proper disciplinary process on exactly the same facts as the criminal case was dealing with, but to that very different standard of proof.

Again, as chair of police ethics, I think the ability of the police to be respected by the public, for me, demands that there are occasions when somebody who has been acquitted at the criminal standard of beyond reasonable doubt should still then face the disciplinary matter at that civil standard of the balance of probabilities, so I could not support this current amendment.