Crime and Policing Bill Debate

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Department: Home Office
Viscount Goschen Portrait Viscount Goschen (Con)
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Perhaps so. It is not a question of having ineffective enforcement; I would say that we have no enforcement whatever—at least none that I have ever seen. If you have a law that is not enforced at all and is defined by people ignoring it, you have a serious problem. We should not be making additional laws on the subject if we do not have a high degree of confidence that they will be enforced, or else we are wasting everybody’s time here.

I invite the Minister, in the context of all the amendments in this big group, to give us a broad overview of what the Government are going to do about enforcement. I know there are other amendments later also talking about enforcement, but unless he can convince us about that, I suggest that there is not much point to many of the provisions in this part of the Bill.

I note that the noble Lord, Lord Hogan-Howe, with whom I agree on many aspects of this and other Bills, knocks the ball into the Government’s court to come up with a registration scheme for cycles. This causes me some reflection. I think it would be extremely difficult to do and would be a very large step indeed, so my preference would be for more enforcement—in essence, people being stopped for those offences—rather than the amount of complication that such a scheme would generate. Children riding cycles on their way to school, for example, cannot have points because they do not have licences. I can imagine any number of unintended consequences. However, we need to do something, and if it is a licensing scheme for the heavier, faster e-bikes, maybe that is what has to happen, and I think the Government need to grasp that.

I was very taken with my noble friend Lord Blencathra’s Amendment 337E. Stating for the avoidance of doubt that if you cycle on a pavement, you are by definition cycling without due care and attention seems eminently sensible, just to make the law a bit clearer. Amendment 346B on e-bikes in the name of the noble Lord, Lord Hogan-Howe, is very important. I should declare an interest in that I have a mountain bike and an e-bike. I have two, as it happens, and I use them occasionally—not at the same time, I have to say; that would be too difficult.

People who want to move around London quickly have a choice. Either they buy a motorcycle and pass a complicated series of tests to get that motorcycle licence—if they go for the full licence; it is a lesser standard for smaller machines. They need to tax the vehicle; they need to insure it; and they need an MoT if it is of that age. Or they could ignore all that and get an illegal electric cycle with comparable performance to a moped, and no one seems to be stopping them, as far as I can see. They have no insurance, no tax, no registration and, happy days, no one is stopping them for any offences whatever.

There are, of course, proper electric motorbikes where you have to wear a helmet, have a registration and so forth—indeed, I think there are a few Peers who come to your Lordships’ House on such machines. We have a very broad spectrum, but at the moment a lot of people, particularly delivery drivers, are riding vehicles that are not being pedalled; they are just pushing an electric throttle, in essence. These are obviously illegal: even as an amateur, I can see that a policeman would have every right to stop them and impound that vehicle, so I think we have to make that clearer. I think by 15.5 miles an hour, we mean a maximum powered speed, because of course if you head downhill, you will go much faster, as with a conventional cycle. However, I think we have to say, for the avoidance of doubt, “That is a motorcycle”, if it does not meet the criteria, “and if you ride that without tax, registration, insurance and so forth, you are committing a series of significant offences, and you will be arrested and prosecuted for such”.

Lord Shinkwin Portrait Lord Shinkwin (Con)
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My Lords, I apologise to the Committee for not being in my seat when my noble friend Lord Blencathra began his remarks on Amendment 330. I am very grateful to the Government Whip for taking into account the rather pathetic speed with which I can get from the Library to the Chamber. I thank him for that.

At 429 pages in length, with 16 parts, 21 schedules and 159 pages of amendments, this Bill is truly a legislative Christmas tree. I am worried it is about to topple on the Minister, which would not be very festive. I will therefore keep my remarks disproportionately brief and save the bulk of them for my related amendment, Amendment 346C, which is due to be considered later in group 9.

However, I thank those noble Lords who tabled these important amendments on dangerous, careless and inconsiderate cycling. In my view, they are pure common sense. I would say that we are reinventing the wheel in ensuring public safety on our roads and pavements, but I am not sure we have progressed that far, such is the scale of the anarchy that currently plagues our streets. We have, as we have heard, so much to do to reverse it.

The worst thing is that the situation we find ourselves in is entirely self-inflicted, predictable and even logical. Our response needs to be equally as logical. That is why I support these amendments; they point a practical way forward in the struggle—and there is no denying this is a struggle—against the very real threat posed by dangerous, careless or inconsiderate cycling, especially to anyone with a mobility, visual or hearing impairment.

In conclusion, I welcome these amendments, and I look forward to the Minister’s reply.

Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
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My Lords, most of what I wanted to cover has already been spoken to, so I have very little to add. I did, however, want to pick up on a couple of points the noble Lord, Lord Russell, covered. For me, this is about disorder. There is a sense of unfairness for a lot of people that if you are a driver, you are subject to a huge number of restrictions—especially in London, with tighter-than-ever speed limits—and yet cyclists ride along in a way that seems to be flouting the laws of the road.

I will also pick up on something my noble friends Lady Neville-Rolfe and Lady McIntosh covered about the length of the trials that go on for e-scooters. I believe the same can be said for the seemingly never-ending approach to the consultation on pedicabs. We legislated for pedicabs to be subject to regulations 18 months ago, and it took us years to do that. TfL has done one consultation, has just completed another and it will be 2026 before regulations for pedicabs are in place. The length of time it takes for us to actually do anything which is seemingly common sense adds to people’s sense of frustration and disappointment that things that should not be happening are allowed to happen just because there is no simple enforcement.

The other thing I want to add is about delivery bikes. Often, they are the worst perpetrators of cycling on pavements, going through red lights and cycling at speed. We know they are doing this because there is a commercial imperative for them to act in that way.

Rather curiously, I was approached recently by one of the big digital delivery service businesses. It is concerned that the new provisions for additional protection against assault for retail workers do not apply to its delivery drivers. I am not advocating for what it is asking for, but, as I said to this particular company in reply to its email to me, my question to the company is: what is it doing as a business to make sure that its delivery drivers actually obey the law and do not drive in an anti-social way, on pavements, and so on?