Antisocial Behaviour and Off-road Bikes

Rachel Maclean Excerpts

Thursday 26th May 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

It is a pleasure to serve under your chairmanship, Ms Fovargue. I join with other Members in thanking the hon. Member for Easington (Grahame Morris) for securing this debate, and also the hon. Member for Bradford South (Judith Cummins) for her contribution.

I start by making it very clear that I know that antisocial behaviour causes a huge amount of concern and distress for constituents all over the country—as it does in my constituency. We all represent people who experience those crimes. I want to be very clear with the hon. Member for Croydon Central (Sarah Jones), and ask her to accept that I have explained to the House on numerous occasions how seriously I take that. I understand the impact of antisocial behaviour, and her characterisation of my remarks does not represent my view, or reflect the work that the Government and I, as a Minister, are doing.

At its worst, such behaviour plagues the lives of victims, stifles communities and ruins the enjoyment of public spaces. The Government will not tolerate that. We have always been clear that we stand on the side of the law-abiding majority, and that includes using every available measure to address antisocial behaviour.

The hon. Member for Easington has rightly raised specific concerns about off-road biking and the harm it can cause communities. Any form of antisocial, dangerous or inconsiderate behaviour involving vehicles, including off-road bikes, is a serious issue. He has suggested that we need a national strategy to deal with this problem; as he has mentioned, he has raised the issue in parliamentary questions. I will set out the Government’s response and the work we are doing and explain the rationale for our approach, which is a local approach. I will go into the reasons for that in detail.

I want to make reference to the excellent work of the hon. Gentleman’s elected Labour police and crime commissioner. Both the hon. Gentleman and the hon. Member for Croydon Central have recognised the considerable power, resource and funding that the Government have given to police and crime commissioners. It is our approach that the best way to tackle policing in this country is to preserve the operational independence of police forces, chief constables and the elected police and crime commissioners, who are directly accountable to their communities. We believe that that is the right way to tackle the worst forms of antisocial behaviour—indeed, all forms of antisocial behaviour.

As the hon. Gentleman said, we need to make sure that the police and local authorities have the tools that they need to tackle antisocial behaviour, including where that manifests itself through off-road biking. We need to make sure that the police are properly resourced.

Members will be aware that we are already over halfway to recruiting our target of more than 20,000 police officers. I want to put it on the record, and remind the hon. Gentleman, that Durham police have recruited 136 additional uplift officers as part of the uplift committed to by this Government, under this Home Secretary, with 90 more officers to come in the final year of the uplift programme. Durham police are fully meeting their targets, and we thank the force for its excellent work getting those officers on to the streets.

On the point about PCSOs that the hon. Member for Croydon Central has made to me on many occasions, it is, of course, a matter for those local police and crime commissioners and local chief constables, if they wish, to recruit those PCSOs. It is for them to decide the best mix of officer skillsets for their local communities. They are close to their communities; they are elected to serve them. It is a decision for them.

[Grahame Morris]

I thank the Minister for giving way. I mean no criticism of either Joy Allen, our excellent police and crime commissioner, or Jo Farrell, the chief constable, who work exceptionally well together and are very responsive. However, it is a bit like having the best plumber in Pimlico—if they have not got the tools, they cannot do the work. With the section 59 notices, even if a police officer apprehends someone illegally driving an off-road motorbike or quad bike, the officer cannot simply stop them without first issuing a warning; then, the second time, they are in a position to stop them. If they refuse, the officer’s powers are very limited. Although I am grateful to the Minister for her recognition, I am suggesting that the tools as currently presented to the chief constables, police and crime commissioners and police on the frontline are not sufficient to tackle the problem.

[Rachel Maclean]

I thank the hon. Gentleman for his point, but I can assure him that I have met Joy Allen myself, not on this issue, but on other issues. I am always happy to meet police and crime commissioners, and I meet a number of them regularly. I would be happy to take specific representations from Joy Allen or from the hon. Gentleman’s chief constable on these specific matters. However, as he knows, we keep all our legislation under continuous review. If he will allow me, I will discuss that broader point a bit further.

The police, local authorities and other local agencies have a range of flexible tools and powers under the Anti-social Behaviour, Crime and Policing Act 2014. It is an issue with a particularly local dimension and the Act was designed to take account of that. It is for local areas to decide how best to deploy those powers, depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question and the impact it is having, and to determine the most appropriate response. Importantly, the 2014 Act contains measures designed to give victims and communities a say in the way complaints about antisocial behaviour are dealt with. The community trigger gives victims of persistent antisocial behaviour the ability to demand a formal case review. I am happy to provide more details about that if the hon. Gentleman wishes, but his local policing partners are fully aware of it.

As the hon. Gentleman mentioned, the statutory guidance for police operational frontline officers is regularly updated, and it has been reviewed again. We have not heard the calls he referred to for widespread changes to the law, but of course we keep these matters under review. We recognise the critical role of local policing and wider partnerships within community groups. That is why, as part of the police and crime commissioners review, we are seeking to improve the effectiveness of the community safety framework, which includes the community safety partnerships.

We are continually looking at whether the tools, powers and frameworks are fit for purpose. As the hon. Gentleman knows, we will not hesitate to act. We have introduced significant legislation to allow policing to tackle the most serious threats to our communities, including the Police, Crime, Sentencing and Courts Act 2022. We will do a similar thing through the Public Order Bill, the Economic Crime (Transparency and Enforcement) Act 2022 and a number of other measures, including the Domestic Abuse Act 2021—the hon. Member for Croydon Central referred to violence against women and girls. I want to draw the House’s attention to the Government’s record of legislating when there is a need to keep people, our streets and our communities safe.

In addition to the antisocial behaviour powers, the police have the power under section 59 of the Police Reform Act 2002, which the hon. Member for Easington referred to, to seize vehicles, including off-road bikes, being used in an antisocial manner. That can be the result of using a vehicle in a careless or inconsiderate manner, or causing alarm, distress or annoyance to members of the public. The enforcement of road traffic law and the deployment of resources is the responsibility of individual chief officers, taking into account local problems and demands.

[Judith Cummins]

Is the Minister confident that the police have the power to seize and destroy illegal off-road quad bikes, rather than seize them and eventually recirculate them back into the system through selling them off?

[Rachel Maclean]

I thank the hon. Lady for her challenge. I am always happy to listen to specific challenges or requests from policing partners. She raises an issue outside the direct scope of my ministerial portfolio, but if she writes to me on these issues, we will look at whether there is a need to change those powers.

I would like to mention a piece of work that we are doing to address an issue that the hon. Lady raised. She talked about insurance, quad bikes and GPS trackers. We know that insurance policies that replace equipment like-for-like with no questions asked encourage a cycle of theft and disincentivise owners from protecting their property. That is why the Minister for Crime and Policing, my right hon. Friend the Member for North West Hampshire (Kit Malthouse), wrote to manufacturers of agricultural and construction machinery in February, encouraging them to commit to do more to increase security. In the Home Office, we are supporting the National Police Chiefs’ Council lead for agricultural theft in ongoing discussions with manufacturers of quad bikes and the insurance industry. There is work going on in this space, and we are always happy to speak to hon. Members about it.

The Home Office announced this year the fourth round of the safer streets fund. For the first time, antisocial behaviour in its various forms is one of the primary crime and issue types being targeted. The hon. Member for Easington will be aware that his constituency has benefited from a successful bid for £444,234 in round 2 of the safer streets fund. That funding was provided to the Durham PCC to carry out a variety of crime prevention measures, including installing windows, internal lights, doors and a number of other local security measures to improve the safety of communities. I hope he has seen that that has had a good, practical impact. I have seen that in my area and many other areas, and I know that it makes a real difference to those communities. We will invest £50 million in safer streets funding all over the country every year for the next three years to give local organisations the resources they need to tackle crime and antisocial behaviour. Our beating crime plan is working—it is delivering results. Communities are safer, and official statistics show that a person is less likely to have their car stolen or their house broken into.

I thank hon. Members for their contributions to today’s debate. As I said at the start, we recognise the damage and distress caused by antisocial behaviour, especially that caused by off-road biking, and we are determined to drive it down wherever and whenever it surfaces. It is not acceptable for people—or businesses, as the hon. Member for Easington pointed out—to have to suffer as a result of others’ actions. We will continue to support the police and ensure that they have the tools they need to enforce road traffic legislation, including in relation to the antisocial misuse of off-road bikes. I hope I have provided some reassurance that we are committed to tackling these issues head-on.