Diana Johnson MP: speeches

Speeches

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  The hon. Member is right that I will address that point in due course. The shadow Minister referred to live facial recognition, but there are some provisions on that—new clauses 19 and 29—which I think will provide the best opportunity to discuss those points. He will know of my commitment to using live facial recognition where appropriate, with the necessary policing safeguards. In response to the remarks about the offence set out in Scottish legislation on abuse, threats and aggravating factors, it is fair to say that, as the Minister, I am looking carefully at what other countries have legislated for. I keep that under review and will continue to do so throughout the course of the Bill’s passage.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  I am happy to confirm that the £3 million allocated for the financial year 2024-25 has been continued. We have used that to buy 10 vans to help us with the roll-out of live facial recognition, about which I understand the shadow Home Secretary, the right hon. Member for Croydon South, is particularly concerned and anxious, so I can reassure him on that. We are now going through a spending review, and bids will be made for the technological tools that we want our police forces to have to catch criminals and keep us safe and secure.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  I thank the shadow Minister, the hon. Member for Stockton West, for his extensive speech in this short debate, setting out in great detail the background and history of how we have reached the position that we are in today. I feel that with some of the contributions we visited every retail outlet in the country. As the shadow Minister asked me a number of questions, I will deal with those at the outset. It is a shame that, despite what he said, the fact is that in 14 years the previous Government did not deliver on introducing this provision. On what the hon. Member for Isle of Wight East said, the reason I pointed out that this was a manifesto commitment was to show that this Government, in our first Home Office Bill, are actually delivering on what we said we would do. I will go on to deal with some of the points that he and other hon. Members raised.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  I will come on to that point in more detail in a moment; I just want to deal with the point raised by the hon. Member for Windsor about security staff. The offence will cover security staff who are employed directly by retailers and those employed by a third party on behalf of a retailer. I want to move on to amendment 29 and new clause 26 tabled by the shadow Minister, which seek to make further provision on the sentencing of repeat offenders convicted of assaulting a retail worker. As I have tried to set out repeatedly, we take prolific offending extremely seriously, and it is helpful to have this opportunity to set out our approach. As the Committee will be aware, sentencing in individual cases is a matter for our independent judiciary, which takes into account all the circumstances of the offence and the offender, and the statutory purposes of sentencing. The courts have a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences where appropriate. Previous convictions are already a statutory aggravating factor, with sentencing guidelines being clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous conviction, when determining the sentence. The Ministry of Justice continues to ensure that sentencers are provided with all tagging options, to enable courts to impose electronic monitoring on anyone who receives a community-based sentence, if the courts deem it suitable to do so. Additionally, although electronic monitoring is available to the courts, it may be not the most appropriate requirement to be added to an offender’s sentence. Many prolific offenders have no fixed abode and live complex, chaotic lifestyles. Imposing an electronic monitoring requirement would likely set up those individuals to fail, instead of helping to improve outcomes for perpetrators of crime and the public. We cannot consider this issue in isolation. That is why the Government have delivered on a manifesto commitment—we are really quite keen on that—to bring sentencing up to date and ensure that the framework is consistent by launching an independent review of sentencing, chaired by the former Lord Chancellor, David Gauke. The review is tasked with a comprehensive re-evaluation of our sentencing framework, including considering how we can make greater use of punishments outside prison, and how sentences can encourage offenders to turn their back on a life of crime. The review has been specifically asked to consider sentencing for prolific offenders, to ensure that they commit fewer crimes. We look forward to considering the recommendations of the review, following which we will set out our plans for the future of sentencing. It is vital that we give the review time to finalise its recommendations, including on prolific offenders, and that we consider them. We had quite a lot of discussion about wholesale workers, delivery drivers and bank workers. However, despite the Opposition raising those issues, they did not table any amendments on them. New clause 20, tabled by my hon. Friend the Member for Neath and Swansea East (Carolyn Harris), relates to wholesale workers, and I will discuss it in a moment, but first, a number of Members raised the issue of delivery drivers. We know the really important, dedicated work that delivery drivers do, particularly when we recall what happened during the pandemic. These drivers often deliver items to the most vulnerable in our society, including the elderly, frail and disabled. However, my approach in the Bill is that we must be sure that the new offence that we are creating is proportionate and can be used without creating legal ambiguity. Any ambiguity in identifying whether an individual is a retail worker will lead the courts to take the case forward as a common assault, as happens at the moment, meaning that the specific recording that the shadow Minister is keen on would, importantly, not be attributed to a retail worker. Delivery drivers cover a wide range of sectors and roles, which is likely to cause issues with defining what a delivery driver is, and therefore with the courts’ ability to use the Bill as we want them to. However, we will use this parliamentary process to scrutinise the provisions in the Bill, as we are doing today, and will consider carefully any amendments that are tabled, as well as any evidence that is put forward in support of them. On bank staff, it is worth the Committee knowing that officials in the Home Office are meeting with Barclays next week. I am happy to look into what comes out of that meeting. Again, I think we can all agree that bank staff do important work in our communities. As I have said, they are protected by other legislation and a statutory aggravating factor, as public workers. I will come on to discuss that in a moment. New clause 20 would provide for an offence of assaulting a wholesale worker. Of course, violence and abuse towards any public-facing worker, including wholesale workers, is unacceptable. Everyone has a right to feel safe at work. I, like others present, know the dedicated work that many in the wholesale sector do to ensure that goods are in our supermarkets, so that we always have access to the things that we need in a timely way. However, I do not agree that the offence of assaulting a retail worker provided for by clause 14 should be extended to all wholesale workers. As we heard in oral evidence—we also have clear evidence from the British Retail Consortium, USDAW and the Association of Convenience Stores’ report—there has been a very worrying increase in violence and abuse towards retail workers. The police have already taken action to assist in tackling retail crime, and I welcome the positive impact that has had on charge rates, with a 52% increase in charge volumes for shop theft in particular. In 2023, as has been referred to already, the National Police Chiefs’ Council published the retail crime action plan. Through that plan, all police forces in England and Wales have committed to prioritise police attendance at a scene where violence has been used towards shop staff, where an offender has been detained by store security, and where evidence needs to be secured and it can only be police personnel. Clearly, that commitment, and other work undertaken by retail, is not preventing this crime, so we want to go further. This new offence of assaulting a retail worker will send the very strong message that violence and abuse towards retail workers will not be tolerated, On wholesale workers, bank staff and others, assault is already a crime. Everyone is protected from assault; it is criminalised under the Criminal Justice Act 1988, in which common assault has a sentence of six months in prison. The Offences against the Person Act 1861 covers more serious violence, such as actual bodily harm and grievous bodily harm. However, this new offence will help to ensure that assaults on retail workers are separately recorded so that we know the true scale of the problem, enabling the police to respond accordingly. Going back to why I am concerned about wholesale workers and others, any ambiguity in identifying whether an individual is a retail worker will likely lead the courts to take the case forward as common assault, meaning the specific recording attributed to a retail worker will not occur, which again goes back to the issue of data and recording. I stress that wholesale workers who are working in premises that provide retail sales to the public will be covered by the new offence in clause 14. In order to help those in the wholesale sector, banking and other areas, including delivery drivers, there is the statutory aggravating factor for assaults against any public-facing worker in the Police, Crime, Sentencing and Courts Act 2022. That aggravating factor ensures that the courts treat the public-facing nature of a victim’s role as an aggravating factor when considering the sentence for an offence, and it sends a very clear message that violence and abuse towards any worker will not be tolerated. In order to have a proper picture of what is happening, it is critical that incidents of violence and abuse are always reported to the police, no matter in what sector. I encourage businesses to raise awareness of the legislative changes that have been introduced to their organisations to encourage that reporting. I think it is fair to say that the reason the retail sector has been so powerful in making the case to both the previous Government and this Government is because they have that information and data, as they are reporting it. That is why they have been able to get to the point where this clause is now in the Bill. I think new clause 20 on wholesale workers is currently unnecessary, although I absolutely recognise the intent of my hon. Friend the Member for Neath and Swansea East in tabling it. Again, I echo how unacceptable violence and abuse is towards anybody. In the light of the explanation that I have given in response to the amendments tabled by the hon. Member for Stockton West, I hope that he will agree not to press them to a vote.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  What we do know, from the statistics that I have just read out, is that there is a wide body of evidence to confirm what is happening to retail workers on retail premises. We know that, because that information and evidence has been collated for some time. I accept that there are questions and concerns about delivery drivers, but I do not think we are in the position to know the extent of assaults on delivery drivers. I am not disputing that they take place—they do—but we have been very clear, and it was our manifesto commitment, that we will deal with assaults on retail workers by legislating for that. The clause is about that. Everyone has the right to feel safe at work. The new offence, which is for retail workers and premises, sends a strong message that violence and abuse towards retail workers will not be tolerated. In a later debate, perhaps, I will come on to some of the other protections that all workers have, and how they can be used. This new offence will carry a maximum prison sentence of six months and/or an unlimited fine. Reflecting on the need to take a tough stance with meaningful criminal justice consequences, clause 15 provides that the new offence will come with a presumption for a court to make a criminal behaviour order. Such an order may prohibit the offender doing anything described in it, which might include a condition preventing specific acts that cause harassment, alarm or distress, or preventing an offender from visiting specific premises. Breach of a criminal behaviour order is in itself a criminal offence, attracting a maximum penalty of five years’ imprisonment. Clauses 14 and 15, taken together, will significantly help better protect retail workers. On that basis, I am sure that they will be welcomed across the Committee. The hon. Member for Stockton West, who leads for the Opposition, has tabled amendment 29 and new clause 26 in this group. I plan to respond to those when winding up the debate.

• 3 Apr 2025 · Crime and Policing Bill (Fifth sitting) · Hansard source

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  It is good to see you in the Chair, Dr Allin-Khan. Clause 14 provides for a new criminal offence of assaulting a retail worker. This will send a clear message to retailers and perpetrators alike that we take any form of violence in a retail setting extremely seriously, and it fulfils our manifesto commitment. I know that all Members will have experiences and information from their constituencies on the unacceptable rise in assaults on retail workers. I visited a shopkeeper on Beverley Road in my constituency who had been assaulted by a customer who was buying some alcohol and disputed its price. The customer hit the shopkeeper around the head around 50 times in an unprovoked assault, which was recorded on CCTV, so I was able to see it. It was really shocking to see. Many shop workers go to work every day with the fear of that happening. I pay tribute to Navin Sharda, that shopkeeper who was so badly assaulted. Police recorded crime figures show that shoplifting offences increased by 23% in the 12 months to September 2024, and the British Retail Consortium’s 2025 crime report showed that there were around 737,000 incidents of violence and abuse—about 2,000 a day—in 2023-24. Figures published by the Union of Shop, Distributive and Allied Workers in March 2025 show that 77% of workers said that they had been verbally abused in the 12 months to December 2024, 53% had received threats of violence, and 10% were physically assaulted during the year. Those statistics demonstrate that there are unacceptably high levels of retail crime across the country, and more and more offenders are using violence and abuse against shop workers to commit those crimes. As well as carrying out their role of selling goods, retail workers are in some cases asked by us to restrict the sale of dozens of age-restricted items. That is an act of public service. In carrying it out, they are putting themselves at risk, as a declined sale may, sadly, cause someone to become violent and abusive.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  Clause 4 serves two purposes. First, it extends the remit of the community safety accreditation scheme, to enable accredited officers to issue fixed penalty notices to tackle antisocial behaviour. Secondly, it increases the upper limit for fixed penalty notices from £100 to £500 for breaches of public spaces protection orders and community protection notices. Under the community safety accreditation scheme, a chief constable may delegate a range of powers usually reserved for the police to accredited officers involved in a community safety or traffic management role. That includes issuing fixed penalty notices for specific offences. This clause expands the list of offences to allow officers to issue fines for breaches of public spaces protection orders and community protection notices as well. I can assure hon. Members that appropriate safeguards are in place to ensure that these powers are used appropriately. To be awarded accredited status an organisation must satisfy strict criteria, and the scheme itself is accredited only through approval from a chief constable. Also, accredited officers must, rightly, undergo strict vetting and be appropriately trained in use of their powers. By expanding the range of agencies that can tackle antisocial behaviour, we will free up valuable police resources to tackle other antisocial issues and other types of crime. The second element of the clause increases the upper limit for fines issued for breaches of public spaces protection orders and community protection notices from £100 to £500. Public spaces protection orders and community protection notices are issued where antisocial behaviour has a detrimental effect on the community’s quality of life. It is right that anyone breaching the orders is met with a proportionate punishment. The current £100 upper limit does not always carry enough weight to stop people committing further antisocial behaviour. We expect that the threat of an increased fine will act as a stronger deterrent, and in many cases will be enough to prevent reoffending. We are clear that, although we are increasing the upper limit, the police, local authorities and CSAS officers must ensure that fines are reasonable and proportionate to the severity of the behaviour. The statutory guidance will, of course, be updated to reflect that.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  The Committee benefits from that information.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  I am going to come on to amendment 39 which, as the hon. Gentleman says, seeks to increase the maximum sentence for the offence to 14 years’ imprisonment. I pay tribute to my hon. Friend the Member for Cardiff West for his excellent contribution, which explained the background. The intention of the amendment is to implement the recommendations from the independent reviewer of terrorism legislation following the horrific attack in Southport. I fear that, as my hon. Friend said so eloquently, amendment 39 takes aspects of Jonathan Hall’s report out of context.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  Clause 6 and schedule 3 provide a new duty for police and crime commissioners to promote awareness of the antisocial behaviour case review in the police force area, and provides a route for victims to request a further review where they are unsatisfied with an ASB case review outcome. As well as tackling the causes of antisocial behaviour, we know that much more must be done to help victims. The ASB case review is an important tool that gives victims of persistent antisocial behaviour the ability to request a formal case review. As we know from the Victims’ Commissioner’s report, “Still living a nightmare”, published 6 September 2024, the case review is not always used as effectively as it could be to support victims. We want to improve resolutions for victims involved in these case reviews. Of course we hope that a resolution is found before there is a need for a case review, but it is important that this option is available, as there is currently no formal process for victims to appeal the outcome of a case review, even in situations where the review has not addressed the antisocial behaviour that the person is complaining about and experiencing. This clause gives victims the right to request a further review of their antisocial behaviour case review by the police and crime commissioner where they are dissatisfied with the original outcome. It also allows victims to request a review by the PCC where the relevant agencies determined that the threshold was not met for the initial antisocial behaviour case review. In turn, the PCC will be able to override original case review recommendations and make new ones where they consider further action could have been taken. Although local agencies will not be mandated to implement the recommendations, they will need to demonstrate consideration. To ensure that victims know where to access the right support, PCCs will also be required to promote awareness of the antisocial behaviour case review and the process for when victims are dissatisfied with the outcome.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  The shadow Minister makes an important point. This must be about intelligence-led policing, but there will be circumstances in which police officers find themselves having to pursue an individual. There is clear guidance from the College of Policing on how police officers should do that. It should be necessary, proportionate and balanced. Of course, we want to keep police officers safe and make sure that the person being pursued is not at risk of being injured or losing their life, as in the very sad cases the shadow Minister mentioned. It is worth pointing out the powers available to the police to tackle the misuse of off-road bikes and other vehicles. The Police Reform Act 2002 provides the police with the power to seize vehicles that are driven carelessly or inconsiderately on-road or without authorisation off-road, and in a manner causing, or likely to cause, alarm, distress or annoyance. Section 59 of the Act enables the police to put a stop to this dangerous and antisocial behaviour. The seizure depends not on prosecution for, or proof of, these offences, but only on reasonable belief as to their commission. Under section 165A of the Road Traffic Act 1988, the police are also empowered to seize vehicles driven without insurance or a driving licence. Under section 165B, they have the power to make regulations regarding the disposal of seized vehicles. The police can also deal with antisocial behaviour involving vehicles, such as off-road bikes racing around estates or illegally driving across public open spaces, in the same way as they deal with any other antisocial behaviour. A number of questions were asked, but I want to deal first with the issue of when a vehicle is seized and what happens to the owner. When the police seize a vehicle, they will not immediately crush it. They need to spend time finding the registered owner in case the vehicle was stolen. Before reclaiming a vehicle, the individual must prove that they are the legal owner of the vehicle. They may be asked to prove that they have valid insurance and a driving licence. We will be consulting in the spring on proposals to allow the police to dispose of seized vehicles more quickly. I will now turn to the constructive suggestions in the shadow Minister’s new clauses. New clause 30 would render antisocial drivers who fail to stop liable to penalty points on their licence for repeat offending. It is an offence under section 59 of the Police Reform Act 2002 for a driver using a vehicle carelessly or antisocially to fail to stop when instructed to do so by a police officer. Offenders are liable for fines of up to £1,000, which we believe is a more effective deterrent. The police may also, where appropriate, issue penalty points for careless or inconsiderate driving or speeding, so antisocial drivers may already be liable for points. I entirely agree with the shadow Minister that the behaviour of antisocial drivers should not be tolerated. That is why we are making it easier for the police to seize their vehicles, and we will consider how to make it easier for seized vehicles to be disposed of, which we believe will be even more of a deterrent. New clause 36 would permit the police to enter private dwellings to seize an off-road bike where it has been used antisocially or without licence. As I have already set out, the Government are keen to make it as easy as possible for the police to take these bikes off our streets. We do not, however, believe that giving the police powers to enter a private dwelling for the purpose of seizing an off-road bike is necessary or proportionate. The bar for entry to private dwellings is, rightly, extremely high. Police currently have a range of specific powers to seize vehicles being used antisocially or without a licence or insurance, and can already enter property, including gardens, garages and sheds, which is where they are most likely to be store, to seize them. The police also have a general power of entry, search and seizure under the Police and Criminal Evidence Act 1984. That means that when police are lawfully on the premises, they may seize any item reasonably believed to be evidence of any offence, where it is necessary to do so. That would include, for example, off-road bikes believed to have been used in crimes such as robbery. Magistrates may grant warrants to search for evidence in relation to indictable offences, and police may in some circumstances enter properties without a warrant being required—for example, to arrest someone for an indictable offence. Later on in our deliberations, we will come to clause 93, which sets out the right of the police to enter a premises containing electronically tagged stolen goods when the GPS shows that that equipment—or whatever it is, and that includes a bike—with that electronic tag on it is in there. Police officers will be able to search without a warrant, on the basis that that is a stolen item. That is something to think about when we debate clause 93. Having said all that, we believe that the measures we have brought forward to make it easier for the police to seize off-road bikes at the point of offending, as a number of my hon. Friends have discussed, are a better deterrent. That is intended to suppress the offending immediately, before it escalates, and to deliver swift justice. New clause 37 would remove the 24-hour limit within which the police may seize an unlicensed or uninsured vehicle. Currently, the police may seize a vehicle that is being driven without a licence or insurance, either at the roadside or within 24 hours of being satisfied that the vehicle is unlicensed or uninsured. The point of that seizure power for uninsured vehicles is to instantly prevent the uninsured driver from driving. There is a separate penalty for the offence: if the vehicle is still uninsured after 24 hours, the police can seize the vehicle and give the driver a second uninsured driving penalty. New clause 39 would expressly permit the Secretary of State to bring forward regulations to ensure that the police destroy any off-road bikes they have seized. Currently, the police may dispose of seized vehicles after holding them for a certain period, but they are not required to destroy any off-road bikes. We are considering how we can make changes to the secondary legislation to allow the police to dispose of seized vehicles more quickly—to reduce reoffending and prevent those vehicles from ending up back in the hands of those who should not have them. However, we do not believe that we should restrict the ability of the police to dispose of off-road bikes as they see fit. They may, for example, auction them off to recover costs, which would not be possible under the terms of new clause 39. Finally, new clause 40 would require the Government to consult on a registration scheme for the sale of off-road bikes, requiring sellers to record the details of buyers and to verify that they hold valid insurance. Of course, antisocial behaviour associated with off-road bikes is completely unacceptable and, as I have set out, we are taking strong measures to deal with this menace. The police already have a suite of powers to deal with those who do not use their off-road bikes responsibly. It is an offence to use an unlicensed vehicle on a public road, or off-road without the permission of the landowner, and the police can immediately seize vehicles being used in that way. As the Committee will know, the police are operationally independent, and the Government cannot instruct them to take action in particular cases of antisocial vehicle use, but I hope I have been able to set out, and to reassure the shadow Minister, how seriously we take this unacceptable behaviour and how much we value the role the police have in tackling it. I would also like to recognise the strength of feeling in the Committee and outside about this behaviour and the disruptive effect it has on communities. I recently met the Roads Minister and we agreed our commitment to a cross-Government approach to tackling this unacceptable antisocial use of vehicles and of course to improving road safety. I am really keen to take forward considerations about how we can go further, outside of the scope of this Bill.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  Clause 5 and schedule 2 provide registered social housing providers with the power to issue closure notices and closure orders, to enable them to quickly close premises that they own or manage that are being used, or are likely to be used, to commit nuisance or disorder. Despite registered social housing providers often being the initial point of contact for tenants suffering from antisocial behaviour, the current legislation does not allow them to use closure powers. Rather, they must contact the police or local authority to issue a closure notice and subsequently apply to the courts for a closure order on their behalf. This clause changes that. Registered social housing providers will now be able to issue a closure notice and apply for a closure order themselves, meaning that the power can be used more quickly to disrupt antisocial behaviour, in turn freeing up police and local authority time. We of course understand that closing a premises is a serious action, so it is important to note that registered social housing providers are regulated bodies, subject to criteria set out in statute before they can become registered, and that they must meet the regulatory standards set by the Regulator of Social Housing. Having those safeguards is necessary to ensure that these powers are used responsibly by providers.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  I listened carefully to what the shadow Minister said, and in my remarks I also indicated that we wanted to be proportionate in the information we will request. It is clear that tackling antisocial behaviour is a top priority for this Government, and many of our partners, including the National Police Chiefs’ Council and the ASB sector, have called for better data on antisocial behaviour. Our engagement indicates that the majority of relevant agencies already have access to this data, but are not sharing it. That is the key point. Requiring agencies to share that information with Government will enable the significant benefit of a national dataset on non-police ASB incidents and interventions, which will mean that we are then in a much better position to produce policy that fits with the issues that communities are facing up and down the country. Q uestio n put and agreed to. Clause 7 accordingly ordered to stand part of the Bill. Clause 8 Seizure of motor vehicles used in manner causing alarm, distress or annoyance Question proposed, That the clause stand part of the Bill.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  I agree with both those points. It is appalling that we are in that situation, but I pay tribute to St John’s Ambulance for its amazing work, and appreciate that young people want to engage and help to protect life. The hon. Member for Frome and East Somerset asked about young people who feel they might keep themselves safe by carrying a knife. That is clearly not the case: if they carry a knife, they are more likely to be involved in a knife attack. We need to get the message out that it will not protect them. The hon. Member for Gordon and Buchan referred to early intervention. We want to get in early and do all the preventive work that has, sadly, not happened over the past 14 years. We want to invest in youth hubs, reach young people, give them meaningful activities and instil in them key messages about how to keep safe and what good relationships look like. As the Under-Secretary of State for the Home Department, my hon. Friend the Member for Birmingham Yardley will know, there is more to do on tackling violence against women and girls, because we want to halve that in a decade as well. We have lots of messages and work that we need to do with young people. On the issue of young people getting involved in knife crime, the prevention partnerships will identify young people who are at risk of getting involved in crime or carrying a knife and try to work intensively with them. Early intervention to divert them from carrying a knife is important. We also have a manifesto commitment to ensure that any young person caught with a knife will be referred to a youth offending team, and there will be a plan of action for how to support them. No more will a young person caught with a knife just get a slap on the wrist and be sent on their way. We will get alongside them and deal with it; otherwise, it could turn into something really dreadful. I am happy to look at the issue of catapults, which a number of hon. Members raised. I am grateful to my hon. Friend the Member for Forest of Dean who, as usual, gave very wise counsel about his experience as a former police officer and how important preventive work is. I am grateful to the shadow Minister for setting out clearly amendment 39 and new clause 44. As he said, they draw on a recommendation by Jonathan Hall KC, the independent reviewer of terrorism legislation, following his review of the appalling attack in Southport. Like all Members, I express my condolences to the families who lost their beautiful little girls, and to all those who were injured and affected by those events. Before I respond to the amendment and new clause, let me explain the rationale for clause 10, which introduces a new offence of being in possession of a bladed article or offensive weapon with the intention to use unlawful violence. As I said, the Government are determined to halve knife crime in the next decade. Legislation has to play a part in delivering for our safer streets mission, ensuring that the criminal law and police powers are fit for purpose. This work sits alongside what I just said about the coalition for tackling knife crime holding the Government to account, and the ban on zombie knives. The hon. Member for Gordon and Buchan was right that the previous Government brought in that provision, but we have actually made it happen. We will bring in a ban on ninja knives too, as part of Ronan’s law. On the issue of kitchen knives, I take the hon. Lady’s point that in every house there is a drawer containing knives. There are now calls for us to consider whether in the domestic setting we should have knives that have a round rather than pointed tip. I have certainly been willing to consider that and look at the evidence. It is something we would have to do in consultation with the manufacturers of domestic knives. The Government are open to looking at anything that will start to tackle the problems with knife crime. It may be helpful if I briefly outline the existing legislation in relation to the possession of offensive weapons. It is currently an offence to be in possession of a bladed article in public without good reason or lawful authority. It is also an offence to be in possession of a bladed article or offensive weapon and to threaten somebody, either in public or private. All those offences are serious. This new office will close a gap in legislation. The provision will equip the police with the power to address situations in which unlawful violence has not yet happened but where there is an intent to use unlawful violence, an intent to cause someone to believe unlawful violence would be used against them, or an intent to cause serious unlawful damage to property, as well as in situations in which a person enables someone else to do any of those things. The offence may be committed in either a public place or a private place. There will be situations in which the police come across individuals with a knife or offensive weapon on the street and there is evidence that there is an intent to the weapon for unlawful violence. For instance, were an intelligence-led operation conducted on a motorbike ridden by two males in an urban area, who attempted to escape but were stopped, and both were detained, arrested and searched, and both were found to be in possession in public of a knife, the only offence available to the police would be possession in public of a knife or an offensive weapon. We do not believe that would reflect the seriousness of the offending behaviour and their intention. The proposed new offence is necessary to bridge the gap between possession in public or private and the intention to threaten another person. We also believe that such serious offending behaviour needs to be reflected better in the offence that individuals are charged with, so that a successful prosecution attracts a sentence that more closely aligns with the violent intent and facts of the case. The offence will carry a maximum penalty of four years’ imprisonment, an unlimited fine, or both.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  We have obviously been working closely with the Association of Police and Crime Commissioners on how these provisions will work, to ensure that PCCs feel comfortable about what is expected of them and that there is clear guidance in place on what the provisions will actually mean. The legislation clearly sets out minimum requirements that PCCs must comply with when they are setting up and carrying out the PCC case review, including, as I have said, publicising the complaints procedure, consulting with key agencies and setting up the process. We will continue to work with the APCC to develop guidance and best practice to support PCCs in making effective use of the PCC case review. I fully understand that the data issue is a challenge. It is clear that most partners are collecting data on antisocial behaviour. There are sometimes issues with being able to share that data effectively, and information on how data can be used by all the partners who need to see it will certainly be part of the guidance. On the whole, however, I think this provision, which supports victims by giving them the right to a further review through the PCC, is the correct approach. I know that the Victims’ Commissioner is keen to see more use of the review procedure. One of her big complaints in the document she produced last year was that the procedure is not well known. We certainly want PCCs to ensure that information about the further right of appeal is given out as clearly as possible to the victims of antisocial behaviour. Question put and agreed to. Clause 6 accordingly ordered to stand part of the Bill. Schedule 3 agreed to. Clause 7 Provision of information about anti-social behaviour to Secretary of State Question proposed, That the clause stand part of the Bill.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  This has been an interesting debate. We have been up mountain passes, we have been on the Isle of Wight and we have had the shadow Minister out with the Thornaby litter pickers. This debate has been very visual. Fly-tipping is a really serious crime that is blighting communities. It is placing a huge burden on taxpayers and businesses, and it harms the environment. Unfortunately, it is all too common, with local councils reporting 1.15 million incidents in 2023-24. I want to address the issue of what we are doing in rural areas and on private land. Through the National Fly-Tipping Prevention Group, the Department for Environment, Food and Rural Affairs is working with the National Farmers’ Union, the Country Land and Business Association, the Countryside Alliance and local authorities to share good practice on tackling fly-tipping on private land. Where there is sufficient evidence, councils can prosecute fly-tippers. In relation to the issue of serious and organised waste crime, the Environment Agency hosts the joint unit for waste crime, which is a multi-agency taskforce that brings together His Majesty’s Revenue and Customs, the National Crime Agency, the police, waste regulators from across the UK and other operational partners to share intelligence and disrupt and prevent serious organised waste crime. Since 2020, the joint unit for waste crime has worked with over 130 partner organisations, and led or attended 324 multi-agency days of action resulting in 177 associated arrests. On the issue that was raised by the hon. Member for Gordon and Buchan, we have engaged closely with the devolved Government across the Bill. As she will know, fly-tipping is a devolved matter in Scotland, Wales and Northern Ireland, so accordingly this provision applies only in England. We want to see consistent and effective enforcement action at the centre of local efforts to combat the issue of fly-tipping. That will ensure not only that those who dump rubbish in our communities face the consequences, but that would-be perpetrators are deterred. Councils currently have a range of enforcement powers. Those include prosecution, which can lead to a significant fine, community sentences, or even imprisonment. They can also issue fixed penalty notices of up to £1,000 and seize the vehicles suspected of being used for fly-tipping. The use of those powers, however, varies significantly across the country, with some councils taking little or no enforcement action at all. Indeed, just two councils—West Northamptonshire and Kingston upon Thames —accounted for the majority of vehicles seized in 2023-24. DEFRA also regularly receives reports of local authorities exercising their enforcement powers inappropriately, for example against householders who leave reusable items at the edge of their property for others to take for free. Through the Bill we intend to enable the Secretary of State to issue fly-tipping enforcement guidance that councils must have regard to. I want to be clear that the guidance is not about setting top-down targets. We want to empower councils to respond to fly-tipping in ways that work for their communities, while making Government expectations crystal clear. The guidance, which must be subject to consultation, will likely cover areas such as policy and financial objectives of enforcement, how to operate a professional service, the use of private enforcement firms, and advice on how to respond in certain circumstances. Local authorities will, of course, be key stakeholders in the development of the guidance; after all, they are on the frontline in the fight against fly-tipping, and we want to ensure that the guidance provides them with the advice that they will find most helpful. Amendment 35 aims to ensure that the person responsible for fly-tipping, rather than the landowner, is liable for the costs of cleaning up. I recognise the significant burden that clearing fly-tipped waste places on landowners. It is already the case that, where a local authority prosecutes a fly-tipper and secures a conviction, the court can make a cost order so that a landowner’s costs can be recovered from the perpetrator. That is made clear in section 33B of the Environmental Protection Act 1990, although sentencing is of course a matter for the courts. Guidance on presenting court cases produced by the national fly-tipping prevention group, which the Department for Environment, Food and Rural Affairs chairs, explains that prosecutors should consider applying for compensation for the removal of waste. We will consider building on that advice in the statutory guidance issued under clause 9. We also committed, in our manifesto, to forcing fly-tippers and vandals to clean up the mess that they create. DEFRA will provide further details on that commitment in due course. Amendment 4 would introduce a requirement for any fly-tipping guidance issued under clause 9 to be subject to parliamentary approval. I do not believe that there is any need for such guidance to be subject to any parliamentary procedure beyond a requirement to lay the guidance before Parliament. That is because the guidance will provide technical and practical advice to local authorities on how to conduct enforcement against fly-tipping and breaches of the household waste duty of care. The guidance will not conflict with, or alter the scope of, the enforcement powers, so I do not believe that it requires parliamentary oversight. The requirement to lay the guidance before Parliament, without any further parliamentary procedure, is consistent with the position taken with the analogous power in section 88B of the 1990 Act and the recommendation of the House of Lords Delegated Powers and Regulatory Reform Committee in its report on the then Environment Bill in the 2021-22 Session. We will, of course, consider carefully any recommendations by that Committee in relation to this clause. New clause 24 seeks to add three penalty points to the driving licence of a person convicted of a fly-tipping offence. As I have said, fly-tipping is a disgraceful act and those who dump rubbish in our communities should face the full force of the law, which could include spot fines of up to £1,000, prosecution or vehicle seizure. The shadow Minister, the hon. Member for Stockton West, will appreciate that sentencing is a matter for the courts and that to direct them to place penalty points on the driving licence of a convicted fly-tipper would undermine their ability to hand down a sentence proportionate to the offence, but I will ask my DEFRA counterpart who is responsible for policy on fly-tipping to consider the benefits of enabling endorsement with penalty points for fly-tippers. I also stress that there is an existing power for local councils to seize a vehicle suspected of being used for fly-tipping. If a council prosecutes, the court can order the transferral to the council of the ownership rights to the vehicle, under which the council can keep, sell or dispose of it. I hope that, in the light of my explanations, the hon. Members for Stockton West and for Sutton and Cheam will be content to withdraw their amendments and to support clause 9.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  This has been a really useful debate. It has highlighted the problems that society is facing with the epidemic levels of knife crime that we have seen in recent times. It was absolutely right for my hon. Friend the Member for Southend West and Leigh to mention Liam Taylor and his grandmother, Julie. Liam is sadly no longer with us, but I pay tribute to Julie for her sterling work in trying to ensure that what happened to her grandson does not happen to anybody else. I also commend her work on the bleed control kits. I have come across so many families who have lost a loved one through knife crime and want to ensure that it does not happen to anyone else. We need to pay tribute to those families, including those who have joined the coalition to tackle knife crime, which the Prime Minister set up soon after the election last July. They will hold this Government to account in doing what we have said we will, which is halve knife crime over the course of the next decade. I pay tribute to Julie and all the other families working in this space to protect young people and make sure that no other family has to suffer the loss of a young person.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  I am very pleased that the shadow Minister agrees. Question put and agreed to. Clause 5 accordingly ordered to stand part of the Bill. Schedule 2 agreed to. Clause 6 Reviews of responses to complaints about anti-social behaviour Question proposed , That the clause stand part of the Bill.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  An additional £1.2 billion is going into policing—from today, actually—for this financial year. So there is a clear commitment from the Government to fund police forces. I understand that the police face many challenges, but financial support is certainly going in. The work of the College of Policing in setting out best practice—that authorised professional practice—is really important in giving police officers confidence to take the steps they need to in order to deal with antisocial behaviour. The other point I wanted to make is that work is being undertaken by the Home Office and the Defence Science and Technology Laboratory to progress research and development on a novel technology solution to safely stop e-bikes and enhance the ability of the police to prevent them from being used to commit criminal acts.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  The shadow Minister and other members of the Committee have set out clearly how concerned we are about the antisocial use of vehicles and the real problems they are causing communities all around the country. I think we can all identify with the menace they cause in our parks, on our pavements and in our streets and neighbourhoods. Certainly, as the nights get lighter, the problem seems to get worse. In Orchard Park in my constituency, we seem to be plagued by mini motos causing noise nuisance and intimidating local people, making the situation really unpleasant for people trying to enjoy the good weather as we move into spring and summer. I fully appreciate all of that, and as the shadow Minister pointed out, there are also real issues about the way vehicles are used for crime—drugs, theft and everything else. It is absolutely right to say that the police have been as innovative as they can be in the use of drones or off-road bikes. The police may, where appropriate, pursue motorbikes and off-road bikes being ridden in an antisocial manner and may employ tactical options to bring the vehicles to a stop. The College of Policing’s authorised professional practice on roads policing and police pursuits provides guidance for police taking part in such pursuits. However, the APP makes it clear that the pursuit should be necessary, proportionate and balanced against the threat, risk and harm of the pursuit to the person being pursued, the officers involved and others who may be affected.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  The clause introduces a power for the Home Secretary to make regulations requiring key local agencies to report information about antisocial behaviour to the Government. Regulations will be laid at a later date to specify the information that agencies must provide. Information held by central Government on antisocial behaviour is, in some areas, limited. Despite non-police agencies, such as local authorities and housing providers, playing a crucial role in the response to antisocial behaviour, there are currently no requirements for those agencies to share information about ASB with the Government. That has resulted in a significant evidence gap in the national picture of antisocial behaviour, particularly around how many reports of antisocial behaviour are made to non-police agencies, how they are responded to, and how many antisocial behaviour case reviews they conduct. Clause 7 takes steps to address the gap by requiring agencies to report that information to the Government. As it is a new duty, I reassure the Committee that we have considered possible new burdens on local agencies, and we have been engaging with local authorities and social housing providers to understand what information they already hold, and the impact that the requirement may have on them. We will ensure that any new requirements will be reasonable and proportionate. By collecting the information, we will be in a much better place: able to get a more accurate and granular picture of antisocial behaviour incidents across England and Wales, as well as the interventions used to tackle it. That, in turn, will help to inform future local and national activity so that we can better tackle antisocial behaviour.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  I gently point out to the shadow Minister that the clauses in the Bill before us today are exactly the same clauses that were in the Criminal Justice Bill, which obviously, as a Member of Parliament at that point, he would have supported.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  Clause 12 provides for a new power for the police to seize, retain and destroy any bladed article held in private, when they are on the private premises lawfully and have reasonable grounds to suspect the item is likely to be used for unlawful violence. Clause 13 provides the same power to the service police. Before I turn to the specifics, it may assist the Committee if I set out the context and rationale for the introduction of the measure. Currently, the police may enter premises and seize items only in particular circumstances—for example, where they have obtained a warrant to search premises for specific items. They have no power to remove weapons from individuals unless they can be used as evidence in an investigation. Therefore, even if the police come across several machetes in a private property while they are there with a search warrant for an unrelated matter—for instance drugs—the only way they can legally remove those machetes is if they are to be used as evidence in the investigation. That is even the case if they suspect that the bladed articles in question will be used unlawfully. I would like to share a case study to illustrate the need for this measure. Police officers investigating the supply of illegal drugs effected entry to the home address of a person linked to the supply of class A drugs, under the authority of a warrant under the Misuse of Drugs Act 1971. He was on a suspended sentence for supplying drugs and had previous convictions for offences of violence, including grievous bodily harm and possession of a knife. Upon search of his bedroom, officers found a 44 cm machete. He was charged with drugs offences, but the police had no powers to seize the machete. For the weapon to be removed from the property under existing law, it would have to have already been used unlawfully, either to hurt somebody or to damage property. That is why we are legislating to introduce a power for any police officer to seize, retain or destroy an article with a blade or point, when they are on the premises lawfully and have reasonable grounds to suspect the relevant article is likely to be used in connection with unlawful violence. It is important to note that the police cannot seize any bladed article they see in the property arbitrarily. They will need to justify any seizure they make, not on the basis of a mere suspicion, but because they have reasonable grounds to believe that the article is likely to be used in connection with unlawful violence. If a person believes that their property has been seized in error, they will be able to make a complaint to the police, as with any other police matter, if they so wish. If the owner of a seized article believes that it has been seized in error, they may apply to a magistrates court for an order that the article be returned. To be clear, there is no power of entry associated with the new seizure power. The police will need to be in the property lawfully already—for instance, executing a search warrant as part of an investigation for an unrelated matter, or because they have been called and invited into the property. We will therefore amend PACE code B, which governs the exercise of powers of entry, search and seizure, to include this new power, which will ensure that the police use the powers fairly, responsibly and with respect for people who occupy the premises being searched. We believe that having that power will enable the police to remove dangerous knives if they believe they will be used in connection with unlawful violence. I commend the clause to the Committee.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  We all accept that antisocial behaviour is unacceptable, which is why the Government are undertaking this ambitious programme of work to tackle it, including the proposals that we have discussed in Committee today. The antisocial use of vehicles, such as e-scooters and off-road bikes, causes havoc in local communities. It is not, as it has perhaps been described in the past, low-level behaviour. It leaves law-abiding citizens feeling intimidated and unsafe in their town centres, local parks and neighbourhoods, and it happens across the country. I fully understand the strength of feeling among the public and Members, and their desire for the Government to take swift action. We will treat antisocial driving as the blight on society that it is. That is why we are making it easier for the police to seize offenders’ vehicles and dispose of them. Clearly, the Bill will strengthen the law so that vehicles being used antisocially can be seized by police immediately without the need to first provide a warning.

• 1 Apr 2025 · Crime and Policing Bill (Fourth sitting) · Hansard source

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  Of course we keep all such matters under review. I am just pointing out that these are exactly the same clauses that the shadow Minister voted for in the Criminal Justice Bill. On the point that the shadow Minister made about the reasonable grounds for suspecting, which a police officer must have in order to seize the weapon, the knife or bladed item, there is not an unlimited power for the police to seize any article they may wish to take away from the property. They will have to provide reasons why they are seizing the article and, as I said in my remarks, they will have to return the item if a court determines that they have seized it in error. On the shadow Minister’s final point, this of course is only one measure. There is a whole range of other things that we need to do, particularly in the preventive space, to deal with the issue of knives. However, this measure will give the police, as I am sure he would agree, one of the powers that will help in dealing with the problems we face with knife crime today. Question put and agreed to . Clause 12 accordingly ordered to stand part of the Bill . Clause 13 ordered to stand part of the Bill .