Crime and Policing Bill

Viscount Goschen Excerpts

Committee stage
Thursday 22nd January 2026 Lords Chamber

[Earl Attlee (Con)]

My Lords, can I just make an observation that the question is whether we agree these clauses in the Bill or not? If we do not agree the clauses in the Bill, they will fall out of the Bill and then we cannot consider them at a later stage. If we want to consider them at a later stage, we must agree them today.

[Viscount Goschen (Con)]

My Lords, it is with great trepidation that I speak, very briefly. Having heard such powerful legal voices discussing these issues—and I hugely respect the legal expertise that we have in the House—on the basis of what we have heard and how the Government have approached this issue, I am minded to support the Government in the initiatives that they are taking here. I feel that we really ought to support these highly disciplined firearms officers. We are living in the era of lawfare and of the courts being used not to the advantage of those who seek to protect us all.

We are very fortunate in this country, unlike in other countries, as the noble and learned Lord, Lord Garnier, mentioned, to have a situation where the discharge of police firearms is a very rare eventuality. Those who hold that responsibility are highly trained, highly disciplined and highly motivated individuals. If there is a situation where they end up in a court of law because of the discharge of their firearm in the course of their duty, we should support them until there is a decision of that court. Of course, everything changes at that point. But this is about them being endangered, and having the threat of being endangered. I listened very carefully to what the noble Lord, Lord Hogan-Howe, said about how difficult it is to describe that threat in the beginning—and you cannot go backwards on this. In this very specific and rare eventuality, I believe that we should give those who put their lives in danger to protect us the benefit of the doubt.

[Baroness Butler-Sloss (CB)]

My Lords, I may be wrong, but I had never understood that until there was a vote anything in a Bill disappeared. Consequently, unless I am wrong, unless we vote on these three clauses, they will remain until Report. Consequently, I do not entirely understand what the noble Earl, Lord Attlee, was telling us.

To move on, I shall speak extremely briefly—and, I have to say, unlike some noble Lords, I genuinely mean briefly. First, as the noble and learned Lord, Lord Phillips, has pointed out, this is a profoundly important issue. Secondly, hard cases do not make good law. I am very unhappy at the idea that anyone should automatically be given anonymity in a situation in which they have behaved in a way where there is at least a possibility that they may be guilty of some crime. I would prefer to see the situation as it remains today—but I also listened to, and think that it is a very sensible suggestion from, the noble and learned Lord, Lord Garnier, that the pause should give us time to discuss further how on earth this should be dealt with.