Off-road Biking

Nick Smith Excerpts

Tuesday 20th February 2024 Westminster Hall

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure to serve once again under your chairmanship, Mrs Latham. I congratulate my hon. Friend the Member for Darlington (Peter Gibson) on securing this important debate. As has been said, this is a question that comes up quite often, and a number of hon. Members, some of whom are here and some of whom are not, have raised this issue over recent months.

I will start by making some remarks about antisocial behaviour more widely. I agree with the comments made by my hon. Friends the Members for Darlington and for Hartlepool (Jill Mortimer), the hon. Members for Strangford (Jim Shannon) and for North Antrim (Ian Paisley), and the shadow Minister, the hon. Member for Nottingham North (Alex Norris) that antisocial behaviour is something we should take extremely seriously. It causes people to feel a sense of menace in their own communities. It can create a sense of disorder and unease, and a sense that people’s local neighbourhoods, parks, high streets or other public places are not places of safety. That is why we should be taking all forms of antisocial behaviour, including the abuse of off-road bikes, extremely seriously.

[Nick Smith (Blaenau Gwent) (Lab)]

In Gwent, we have a regional roundtable that considers illegal off-road bikers. MPs, MSs, council officials, farmers and passionate bike riders come together to try to deal with this ongoing scourge. It is worth reporting that in recent months Gwent police has, with local councillors, launched a team, with shared prosperity funding, to look at this important, ongoing and growing issue. Does the Minister agree that sustained, strong enforcement is at the root of dealing with this difficulty? Illegal off-road bikers who badly damage our environment, endanger animal stock, intimidate hikers and dog walkers, and sometimes threaten farmers need to be dealt with properly. What police powers does he think can be brought to bear to beat this blight? Lots of my constituents are concerned about this issue. Will the Minister clarify why he has until now believed that registration is not necessary to help with this growing problem?

[Chris Philp]

I agree that strong enforcement is critical. We should have a zero-tolerance approach to off-road biking, as we should to all forms of antisocial behaviour. As I said, it is a menace. It makes people feel uneasy and unsafe, and there should be strong enforcement not sometimes but always, and I hope that is what Gwent police force is doing locally.

The hon. Gentleman asked about the police’s powers; I was going to come to this, but since he has asked about it, I will address it now. The most relevant power is the power the police have under section 59 of the Police Reform Act 2002 to seize vehicles, including off-road bikes, that are used antisocially. That can be the result of using a vehicle in a careless or inconsiderate manner or in a manner that causes alarm, distress or annoyance. A vehicle can also be seized under different provisions if it is being driven without insurance. There are, then, a number of powers, but particularly that section 59 power. I would expect all forces to use those powers to the fullest possible extent, and I know that Durham constabulary, to which my hon. Friend the Member for Darlington referred, is doing that as part of its Operation Endurance.

The hon. Gentleman also asked about registration and, I suppose, the associated question of insurance. If an off-road bike is ridden or used on a public road, it needs to be insured and licensed. However, the Government are not convinced that it would be reasonable to introduce a requirement for insurance or licensing—the requirement to have a number plate—for off-road bikes driven only on private property such as farmland. Although there are significant problems, the vast majority of people who use off-road bikes privately on farmland or their own land do so reasonably and lawfully, and we do not want to impose on those lawful and reasonable owners the extra costs, which could be quite significant, of either having to register and get a number plate or having to insure. We would prefer to focus on those off-road bikes and all-terrain vehicles that are used illegally on the roads because they are uninsured or unlicensed or because they are being driven in an antisocial manner.

Before I come on to the specifics of tackling off-road bikes, which is the topic of the debate, let me say that we are taking antisocial behaviour more widely very seriously.

[Nick Smith]

The issue of registration is important and does need working through. On the mountain tops of our valleys in south Wales, we have thousands of acres of common land, and that is where the illegal off-road bikers spend the majority of their time. They create a proper mess, and it is really awful—it destroys our environment. What is the best way of dealing with off-road bikers on common land, which is found across large parts of the UK?

[Chris Philp]

I thank the hon. Member for Blaenau Gwent for posing that question. I think that the requirement to have insurance under section 165 of the Road Traffic Act 1988 includes public places, and I will go away and find out whether common land counts as a public place, because that is potentially a relevant question. I will also look into whether the requirement to carry a licence plate applies just to those driving on public roads or whether it also applies on common land, which might be—I am not saying it is, but it might be—categorised as a public place. So I will look into the insurance and licence plate requirements for common land, which might be considered by the law as a public place, and write back to the hon. Gentleman with an answer. In relation to purely private land, I think that the comments I made earlier do stand.