(3 days ago)
Lords ChamberMy Lords, I am pleased to support Amendment 337A, which is about consistency and common sense. The same standard of protection should apply wherever a child is taught, whether in a classroom, online or in their own home. Parents assume that safeguards already exist, and they are shocked when they learn that someone barred from working with children can still legally offer tuition. In my experience, the vast majority of parents do not know this. As the noble Lord, Lord Hampton, has said, this is a huge loophole, and something needs to be done about it as a matter of urgency.
The targeted change would simply ensure that the law reflects modern patterns of learning and closes an indefensible gap without adding either bureaucracy or cost. It would strengthen public confidence in the DBS system and in the integrity of child protection as a whole. Tutoring is now a central part of many children’s education, especially those who are already vulnerable or struggling, and the law really does need to keep pace with this reality. By backing the amendment, the Government can demonstrate that safeguarding principles are applied consistently across all settings, formal and informal alike, and that known risks will never again be allowed to fall between the cracks of overlapping regulations. It is a modest step, but one entirely consistent with our shared commitment to protect every child from exploitation and harm. In the end, it is simply a test of resolve. If we know where the danger lies, we have a duty to act before another child is placed at risk.
My Lords, just to demonstrate the point made by the noble Lord, Lord Hampton, this is a cross-party matter and he has my support. I would be interested—he may or may not know—in the number of children affected by the failure of the regime to make sure that these tutors and so forth are properly registered. In any case, I wholeheartedly agree that this is a common-sense measure and needs to be brought in as soon as possible.
Lord Katz (Lab)
The important change that we are making is that it enables parents to access checks at the higher level, so they will be able to decide on whether to engage somebody. The parent will be able to access the check, see their history and, based on what the DBS check throws up, decide whether they will be engaged without necessarily becoming classified as a provider as in the current regime. That is an important distinction. It does not pull them into a different sphere of activity but allows them to ask a crucial question: is this person fit to be a tutor for my child?
My Lords, I am still not clear. There are 90,000 names on the DBS barred list. I understand the Minister to have said that parents will now be able to access the enhanced barred list, therefore things that would not be picked up in a lower-level DBS check will be picked up with the enhanced one. However, if somebody asks, “Is Fred Bloggs okay?”, can they just ask for his enhanced records or will it say that “Fred Bloggs is one of the 90,000 people that are on the DBS barred list”?
Lord Katz (Lab)
To be clear, they will have the same rights and access as a school has at the moment. We are equalising the scheme, so yes, they would be able to see that he is on the barred list and have access to the record. I hope that clarifies it for the noble Baroness.
(3 days ago)
Lords ChamberMy Lords, I was very happy to add my name to the amendments in the name of the noble Baroness, Lady Royall. I arrived slightly later to the party than the noble Baronesses, Lady Royall and Lady Brinton, because I was not around when they nobly started tackling this difficult subject. However, once I arrived, I was happy to try to help in whatever way I could.
The amendments in this group are interwoven with an awful lot of other legislation that we have passed in recent years and are discussing today because many of the same traits, particularly behavioural traits, are still there, together with some of the challenges that the different authorities have in trying both to understand this behaviour and to do something about it. The parallel drawn in Amendment 330A between the DAPO, to which domestic abuse perpetrators are subject, and the stalking protection order, which has nothing like the same power or speed, is a good analogy. I ask the Government to look at and consider that very carefully. If the Government were to talk with the Domestic Abuse Commissioner, they would find, I suspect, that Dame Nicole Jacobs—a dame as of last week—would be very interested in discussing it further with them and would argue the case for that.
Amendments 330AZA and 356E, which deal with the ingenuity, frankly, of perpetrators in using online means to find different ways to get at their victims, has many parallels with what we look at in many areas that deal with online abuse. I appeal to the Government that we be joined up, in terms of the experience that different departments and specialist teams are gaining through the different pieces of legislation and guidance that we are enacting, so that we are learning from one another and not operating in silos, which, I fear, we sometimes do.
Amendment 330AA, which would remove the excuse of one’s religion or the need to be in an educational establishment—again, another ingenious excuse for finding a way to get to the perpetrator—is a loophole that I hope the Government will look at very carefully.
A stalking protection notice to accelerate and streamline the process would be extremely valuable. I am sure that, if the Minister and his team were to talk about this with some of the most advanced areas of the country and police forces—in particular, the county of Cheshire, which has five gold stars for doing this really well—and to ask whether they would find a stalking protection notice useful in order to move quickly, the answer would, I suspect, be a resounding yes. Going to talk to the people who are on the front line in dealing with this day in, day out would be a very useful use of time.
On Amendment 330C, of course the Secretary of State should have the power to issue stalking guidance, not least because, as stalkers get more and more ingenious and devious in some of the ways they find to make their victims’ lives horrible, it is important that the guidance keeps up. It is often two steps behind. The people who suffer because of that are the victims and the people who gain are the perpetrators, because it gives them the breathing room to do what they do and the law is quite slow to catch up.
I am broadly in sympathy with all these amendments. Stalking is one of the main causes of distress to victims in this country, alongside domestic abuse and anti-social behaviour. They are the unholy trinity and the largest volume affecting people, predominantly women. The ways perpetrators pursue their victims are often quite complex. These are quite devious and often quite intelligent individuals. We need an intelligent response in order to do something about it.
My Lords, this debate has underlined that stalking is not an occasional nuisance but a pattern of behaviour that our systems still struggle to recognise and act on early enough. The debate shows a familiar picture: warning signs are missed, threats are minimised and tools that Parliament has already provided are used patchily, if at all.
These amendments point towards a more joined-up and confident response, in which the police, prosecutors and other agencies share information, understand the particular dynamics of stalking and intervene at a much earlier stage, including online, before behaviour escalates into something far more dangerous. Looking ahead, there is now a real opportunity to embed that approach in the forthcoming review and in the VAWG strategy. Many of the ideas we have discussed—stronger use of stalking protection orders and notices, better guidance and training, and clearer expectations of consistency across forces—could and should be reflected on here.
The underlying purpose of these amendments is surely uncontroversial: to ensure that the law and practice keep pace with the reality of stalking and to give victims a response that matches the seriousness of the threat they face, so that this debate becomes a turning point rather than a missed opportunity.
My Lords, stalking is an offence which constitutes severe harassment and can instil grave fear into victims, as we have just heard. It is absolutely right that the law bears down on perpetrators of stalking. The Stalking Protection Act 2019 gave magistrates’ courts the power to impose stalking protection orders on application by the chief officer of police. Clause 97 extends this power so that a Crown Court can impose such an order where a person has been acquitted of any other offence.
The Government will no doubt argue that they are taking the necessary action to further prevent cases of stalking through this part of the Bill, but let us not forget another Bill they are currently taking through your Lordships’ House. The Sentencing Bill will suspend sentences for anyone charged with the offence of stalking. Section 2A of the Protection from Harassment Act 1997 states that a person found guilty of stalking is liable on summary conviction to imprisonment for up to 51 weeks—less than the 12-month time limit for the presumption of a suspended sentence order.
Furthermore, the offence of breaking a stalking protection order is also likely to lead to a suspended sentence under the Sentencing Bill. Although a custodial sentence of up to five years can theoretically be imposed on conviction on indictment, the Sentencing Council’s guidelines state that in most cases of culpability and severity the starting point will be one year’s custody, and the ranges can go down to 12 weeks in custody and even a community order. This may very well be proportionate for low-level stalking offences, but the fact is that a person with a high degree of culpability and a medium to high level of harm will fall into the range that will mean their sentence is highly likely to be suspended.
If the Government are serious about bearing down on stalking, I suggest that letting anyone convicted of that offence walk free is not a good move for the safety of the victim. The Minister might try to rebut this argument by talking about the stalking protection orders, but I gently say to him that there is no good in letting a stalker roam the streets just because they have an order slapped on them. Given the falling police numbers, what is the likelihood of a person who violates their order actually being arrested? I also suggest that victims of stalking will not feel safer simply because their stalker has been given a court order.
What makes this even worse is that there is a very real possibility that a person who breaks the terms of their suspended sentence order will still not receive a custodial sentence. Although the automatic presumption will not apply in that case, the Government have opposed Conservative amendments to explicitly exempt people with a history of non-compliance from suspended sentences. They have also resisted our amendments to exempt repeat offenders from being handed suspended sentences.
Under this Government’s legislation, there is a very real possibility that a stalker could continually stalk their victim, break their stalking protection order and their suspended sentence order and never face jail time. That is not protecting victims. Against this backdrop, I suggest that it does not matter what we do in this place regarding stalking; we can table all the amendments we like to toughen up the protection orders, but they will not protect victims or prevent stalkers if the Government let than walk free. I will be very interested to hear what the Minister has to say in response.
My Lords, Amendment 334A is in my name and that of the noble Baroness, Lady Blower. I am grateful to Southall Black Sisters for the detailed evidence it has provided. On Wednesday we are going to cover broader issues around codes of honour and the deployment of these as a motivation and an excuse for horrendous crimes against the person. Amendment 334A deals with, in some ways, an even more insidious and hidden issue. It recognises the growing number of suicides and self-harm cases linked to domestic and so-called honour-based abuse.
I remember meeting a group of young women when I was a member of the London Assembly and hearing with horror the widespread acceptance that a murder could be justified by codes of honour in their community. It most certainly cannot. Culture does not transcend or trump the law, and nor should it. We are all familiar with the concept of death by a thousand cuts. Prolonged abuse and prolonged encouragement of self-harm can have devastating consequences beyond the physical and the immediate.
Last month, an inquest into the death of Michelle Sparman, a Caribbean woman who died by suicide in August 2021, reached a landmark verdict at Inner West London Coroner’s Court. The assistant coroner concluded that Michelle’s state of mind was “contributed to by neglect”, and that her prior relationship was marked by “toxicity”, highlighting an abusive pattern of relentless coercive messaging from her ex-partner that undermined her confidence and mental well-being. Crucially, the coroner identified this abusive conduct as the key causative factor in her death—a rare explicit recognition of prolonged domestic abuse that had contributed to her suicide. But there is a serious gap in the law. Michelle’s family were told by police that suicides were outside their remit and there was no case because Michelle had not reported domestic abuse when she was alive.
My Lords, I thank the Minister for her response. I am not a lawyer and certainly do not understand the law, even vaguely, but I really do not understand this. If what I am asking for is not necessary—I totally accept what the Minister has said—how come we have three cases of suicide a week, which is suspected to be an underestimate, and only one conviction since 2017? Those numbers do not seem to add up to me.
I take the point the Minister made about the Law Commission’s review. Reviews are helpful, but a recent report by the Domestic Abuse Commissioner exposed ongoing failures by government to act on the lessons from domestic homicide reviews. Only a quarter of national recommendations were fully implemented between 2019 and 2021, and this extends to domestic abuse suicides. It is very sad that victims have waited years for concrete changes and it now seems that there is not a huge amount, according to what the Minister said in her response, that will make the difference. There needs to be something, so I will think carefully about everything she has said. I certainly plan to come back at the next stage with something that perhaps will not have so many holes in it. I beg leave to withdraw the amendment for now.
(1 week ago)
Lords ChamberThe noble Lord is absolutely right. The Government have accepted that there is a challenge in that area. There are resources going into educational opportunities, particularly targeted at university students, to help them avoid money laundering. Some months ago I visited a scheme—as it happens, in my home area of north Wales—where educational opportunities were being undertaken by regional organised crime agencies to meet students to explain how money laundering works and how they can become victims of money laundering without realising they are involved in it. There is a great educational opportunity and we are trying to work through that, but self-evidently I will continue to look at what more can be done.
My Lords, how will the Government ensure that the new fraud strategy leads to a genuine increase in fraud cases being properly investigated and taken to court? Will the Government make clear that success will be judged not by the volume of fraud cases reported but by the convictions secured, the investigations opened and the charges made?
The noble Baroness is absolutely right. One of the things that we are trying to do—again, trailing the fraud strategy—is to ensure that we have better criminal justice outcomes for investigations. We are just starting—this will become clearer when the fraud strategy is produced—a better journey for victims of fraud in terms of reporting, keeping them informed and getting to criminal justice outcomes. There is a real wish by the National Crime Agency in particular and the Serious Fraud Office to look at how we can bring criminals to justice. A number of measures have already taken place where we have seized assets and brought people to court, and I want to see that continue. It is vital that we make the UK the hardest place possible for fraudsters to operate, which means not just protection and better investment in telecommunication platform issues but putting in an element of serious risk for those fraudsters to ensure that they end up behind bars or lose their assets.
(1 week, 2 days ago)
Lords Chamber
Lord Pannick (CB)
My Lords, I support the noble Baroness’s amendment for the reasons she gives and for a further reason, which is that I deprecate the practice of Ministers of all Governments of not bringing into force legislation which has been enacted by Parliament. Parliament intends legislation to come into effect; otherwise, we are wasting our time debating and approving it. Parliament enacts legislation to address a mischief, as, in this case, the mischief that the noble Baroness, Lady Brinton, has identified. Of course, I understand that sometimes time is needed to prepare for the effects of legislation, perhaps because implementing regulations are needed, but after two years, it is high time for this legislation to come into force.
My Lords, this amendment exposes the indefensible gap between Parliament’s clear intent and women’s lived reality. The new offence was deliberately framed to capture deliberate, targeted and deeply damaging conduct, with a suitably serious maximum penalty, but without commencement, there are no consequences for offenders and no visible progress for the public. The Government’s delay sits uneasily alongside their stated ambition to halve violence against women and girls, particularly given previous assurances that implementation would follow swiftly as part of their wider strategy.
From these Benches, the message is simple: Parliament has already done the hard work in legislating; what is now required is immediate commencement, not further consultation or prevarication, so that this cross-party achievement can finally begin to offer real protection on the streets and in public spaces.
Lord Cameron of Lochiel (Con)
My Lords, I am very grateful to the noble Baroness, Lady Brinton, for moving this amendment, which, as she says, seeks to accelerate the commencement of the 2023 Act. The intention behind the amendment is clear and wholly understandable: to ensure that victims of sex-based harassment benefit from protections that Parliament has already approved, and to do so without further delay.
Without doubt, there is a shared desire across this House to see individuals, particularly women and girls, better protected from harassment in public spaces, and while I entirely understand that commencement provisions often involve important practical and operational considerations, including the readiness of policing and guidance frameworks, and that there has to be an explanation of the implications of altering the timetable set out in the original Act, we on these Benches recognise the motivation behind the amendment and the concerns that it seeks to address.
If the Government do not agree with the amendment, we look forward to hearing from the Minister what progress there has been towards commencement and whether the approach proposed here would assist the effective implementation of the Act’s provisions.
My Lords, I support Amendment 316 from the noble Lord, Lord Black of Brentwood. Unfortunately, the noble Lord, Lord Pannick, has just taken my entire speech away from me, so I will not quote Coke’s. I thank him for what he has said. He is a lawyer and he has tried to help with this.
On the point of this amendment—I declare an interest as a vice-chair of the APPG on Cats—the noble Lord, Lord Black of Brentwood, has our support on animal welfare, and indeed he has been driving this for a number of years via a number of APPGs. So the essence of what he is trying to do is right. The comments that the noble Lord, Lord Pannick, made are helpful: perhaps when we get to another place, we will have a better-worded amendment that carries more support.
For me, the reason I am supporting this is because of the animal side, but there is evidence that the abuse of animals leads to abuse of children. That link is clear, and there is evidence from everywhere that that is where it starts, but it ends with children and young people.
That is why this amendment, difficult as it is to speak about, is vital. When the evidence is there of a cause leading to a different cause that is worse, the amendment should get the support of this House and the Government. The noble Lord, Lord Blencathra, is right; he is trying to right a wrong and he understands the points of law. His principle is right: this does need resolving, and it is an important issue to animal lovers. Lots of animal lovers in this country have no idea that this is going on around them. The noble Lord, Lord Pannick, may be right, in that some of the people in question are poor people who are not part of society; but there are also those who kill animals for videos and live feeds, to be watched for money. That is going on all around the world; it is not just an English problem.
There is a bigger picture. This is not just about an unfortunate person abusing an animal; like everything else in today’s debate, it is a wider society problem. I hope that people approach this with the gravitas it deserves. Animal abuse is one thing; but transferring that to children and young people is equally important. That is why I support the amendment.
My Lords, this group of amendments reflects the realities that the police, the NCA and child protection agencies now face, with children being coerced online into self-abuse, harming siblings or even abusing their family pets under pressure to provide images or live streams as proof. The overlap between child sexual abuse—as the noble Lord, Lord Black, has so clearly demonstrated—offline offending and animal cruelty is now recognised in safeguarding and law enforcement practice. It comes alongside a wider surge in online animal abuse content, in which abuse is staged, filmed and shared for attention or gratification. Strengthening the law on animal sexual abuse so that it reflects how this behaviour is perpetrated and disseminated online is therefore necessary and overdue.
Two points are critical. First, terminology matters. Animal sexual abuse is now used in policing and safeguarding precisely because it captures a wide range of exploitative conduct that is formed, traded and used to control and terrorise victims, including children. Narrowing the language risks opening loopholes that offenders will exploit. Secondly, these reforms need to go hand in hand with better investigation, data sharing and sentencing so that the growing volume of image-based offending against children and animals results in real accountability rather than just statistics.
The sexual abuse of animals and the use of such material within wider abusive networks, which is reprehensible, must now be treated with the seriousness the evidence demands.
Lord Cameron of Lochiel (Con)
My Lords, I thank my noble friend Lord Black for his contribution this evening and for his amendments. I welcome the moving of Amendment 316.
As others have said, animal sexual abuse is one of the cruellest acts imaginable. It sees the taking advantage of defenceless creatures, often by those who are expected to be caring for them, and shows complete disregard for living, conscious, feeling creatures who frequently become damaged, traumatised and often die as a result of ASA. I wholeheartedly agree with all noble Lords that it is an offence that deserves to be dealt with using the full force of modern law. The amendment would ensure that the law reflects the severity of the crime. As has been outlined by other noble Lords, applicable legislation is currently fragmented and often parochial. At present, too many offences fall outside the scope of prosecution and the legislative framework is not reflective of the current reality.
I will not repeat all the statistics presented in my noble friend’s excellent opening speech, but it is worth emphasising a couple of his points. The first is the connection of ASA with child sexual abuse offences, general sexual offences, domestic abuse and coercive and exploitative behaviour. As was demonstrated, there exists empirical evidence that proves this correlation. In the United States of America, for example, nearly one-third of ASA offenders have also sexually offended against children and adults. In the UK, 71% of domestic abuse victims have reported that the abuser also targeted pets. There is clear evidence that certain offenders commit similarly related crimes.
(3 weeks ago)
Lords ChamberMy Lords, I fully endorse the important points raised by the noble Baroness, Lady Brown. I had great pleasure in working with the noble and learned Baroness, Lady Butler-Sloss, on the Modern Slavery Bill. I am totally in awe of her experience and her willingness to share that experience, which, as a new Peer, was absolutely wonderful for me—although I could certainly do with it now as well.
The government amendments in this group provide more welcome detail on the definition and operation of child criminal exploitation prevention orders and include provisions necessary to cover the whole of the UK, not just England and Wales. As with other government amendments during the passage of the Bill, we welcome the expansion of detail in the Bill. Could the Minister confirm that each of the three devolved states has approved the relevant amendments in this group? It would be very good to hear that this has already been done. I do not disagree with anything that anyone has said so far—it has been an excellent and very clear unification of the views of everyone here.
My Lords, I thank the noble Baroness, Lady Brown of Silvertown, for introducing this large group of amendments. As noble Lords will appreciate, many of the amendments before us today concern matters of clarification or technical improvement to ensure consistency across the Bill and the amendments tabled so far.
We on these Benches are broadly supportive of these changes, particularly when they strengthen child safeguarding protections and improve clarity, which we hope will eventually result in more seamless practical implementation. In this regard, we welcome amendments extending the scope of child criminal exploitation prevention orders to Scotland and Northern Ireland, and those clarifying procedural matters, such as the form of notification requirements when oral notification may not be practicable. These are sensible adjustments that contribute to ensuring that the Bill operates coherently across the four nations and in real-world enforcement scenarios.
I briefly draw attention to Amendment 235ZA in my name, which would remove Clause 43(3)(a). That subsection currently requires that, when a court makes a criminal exploitation prevention order, the terms of the order must avoid
“conflict with any religious beliefs of the defendant”.
Although religious beliefs are, of course, an important individual right, the purpose of these orders is to protect children from very serious criminal harm. It is, therefore, my view that safeguarding and public protection must take precedence over all other concerns and that no such exemption should hinder appropriate and proportionate restrictions when a court considers them necessary. I hope the Government consider the matter carefully and take the recommendation on board.
Finally, I thank the noble Baroness, Lady Finlay of Llandaff, for bringing forward Amendment 235A, which would give the courts an explicit ability to impose a prevention order to protect a child from being threatened, intimidated or coerced into criminal exploitation. The intention behind the amendment—to intervene earlier and more effectively to safeguard children at risk—is one that I hope all sides of the Committee can support. I look forward to hearing the Government’s response and clarification of how the Bill will ensure that those protections are fully delivered. These are complex issues, but our shared objective is simple: to ensure that vulnerable children are protected and that those who exploit them face firm consequences. I hope the Government will reflect carefully on the points that have been raised here today.
That is a valid point. I have considered with officials how we ensure enforcement of the guidance. I simply put it to the noble Earl—and we can debate this outside the Bill—that the statutory guidance is issued to chief constables of police forces under Clause 60 and they have a legal duty to ensure that statutory guidance is implemented, and officers have a legal duty to support and interpret that at a local level when they are faced with incidents of child exploitation as defined by the Bill. That requires a whole shift of culture and of training—I understand that. I will take from this comment and from the Committee generally that my colleagues in the Home Office need to look not just at the guidance but at its implementation. Ultimately, it has a statutory footing, and that is the key point for the Committee.
Will the Minister take on board the fact that countless inspections of police training, including by HMICFRS, have said that there has not been an independent assessment of police training since 2018, despite the fact that so many of the policing bodies themselves have asked for it? Taking the point, will he now say that there will be an independent assessment, so that police training can be much more appropriate and police will know exactly what they are supposed to be doing when we sit in this House and make legislation?
I will sound like I am repeating myself from Question Time, but, very shortly, we anticipate bringing forward a policing White Paper looking at a whole range of mechanisms to improve police performance. If the noble Baroness will allow me, I will wait for further detail on the policing White Paper, which I have already said to the House will be published before Christmas, to allow for further discussion on a range of efficiency and improvement matters for policing. The point she makes is worthy of consideration, but I will park it until a later date in the parliamentary calendar.
My Lords, I chair a commission on forced marriage. One of the most useful things that the Labour Government did in 2007 was create a forced marriage protection order. That was intended to deal with the perpetrators rather than the victims. However, having listened to the speeches so far, I realised that I had not thought of protection orders being for the victim rather than to prevent the victim being dealt with.
It is an admirable scheme. I was much touched by the story that the noble Lord, Lord Russell of Liverpool, gave to us. One thing that would make it most useful is to deal with parents. My experience is not so much in this area, but when I was a family judge, one of the problems, particularly in care cases, was the inability of the parents to manage their children. Very often, the children were very well meaning, but they absolutely would not do what their parents said. Is anybody who is a parent surprised? As a grandparent, I am even less surprised by the fact that children, if they are told to do something by a parent, will not do it—just out of bloody-mindedness, apart from anything else.
This would offer a genuine ability to look after a child who is being exploited and is extremely vulnerable, but whose parents, trying as hard as they can, cannot manage him or her. This would give them the power, apart from the authorities, to do something useful—and useful not just for the child but for the state.
My Lords, we welcome this amendment, which would provide a valuable additional tool to protect children who are criminally exploited while at the same time committing criminal acts that victimise others. The amendment seeks to address these behaviours proportionately, managing the child’s risk to others without inflicting the potentially life-changing damage of having a criminal label attached, while ensuring the child is protected from further exploitation.
A criminal exploitation protection order would be an important step towards providing an end-to-end response for children in this situation. Unlike a youth rehabilitation order, it would directly target behaviours linked to child criminal exploitation, addressing the unique power imbalances and coercion involved in those often-complex situations. I urge the Government to look closely at the proposed order, which would be an extremely worthwhile addition to the Bill and which has the full support of these Benches.
My Lords, I am grateful to the noble Baroness, Lady Armstrong of Hill Top, for bringing forward this important amendment. It speaks to an issue that has been much discussed during the Bill’s passage: the urgent need to protect children who are coerced or manipulated into criminal activity by those who exploit them for profit and control.
Amendment 247 proposes a new clause to establish a criminal exploitation protection order. This would be aimed directly at safeguarding children who have already been subjected to criminal exploitation, preventing further harm. As the noble Baroness has eloquently explained, these children deserve support and a clear pathway out of exploitation. Undoubtedly, there is merit in exploring whether a new bespoke order focused on the safety and welfare of the exploited child could complement the existing prevention orders in the Bill which target the adult perpetrators. We recognise the intention behind ensuring that prohibitions and requirements are carefully balanced so as not to interfere unnecessarily with education, family life or existing legal orders. From these Benches, we are sympathetic to the objectives of the amendment.
We recognise that introducing new regimes raises practical considerations that must be considered. I therefore look forward to hearing the Government’s response and to further discussion as the Bill progresses. Protecting children from exploitation must be central to this legislation. I thank the noble Baroness for her continued leadership on this issue.
(3 weeks ago)
Lords Chamber
Lord Blencathra (Con)
I apologise to the noble Lord, Lord Hanson; I was not referring to him. It was the Government Whip who was getting very agitated about my comments. I could have spoken for a lot longer if I had degrouped my amendments, but I am not going to do that.
Quite simply, Clause 56 lists all the crimes in Part 1 of Schedule 6 that are relevant to convicting someone of controlling another person’s home for criminal purposes. Schedule 6 is about two pages of big issues—very large crimes—which are completely inappropriate for a summary trial. This is about hijacking someone else’s home, where the homeowner is kept prisoner. That is such big stuff that it should not be triable by summary but only in a Crown Court.
I beg to move—after one minute and 21 seconds.
My Lords, we welcome government Amendment 262, which recognises that cases of cuckooing often involve a complex web of coercive control. The person who seems to be in charge may actually be being manipulated or exploited by somebody else, and this addresses that complexity. However, while I understand the points made by the noble Lord, Lord Blencathra, and recognise all too well the potential life-changing harm caused by cuckooing, we are not minded to support restricting the trial venue in that way.
Magistrates’ courts provide quicker access to justice for victims and less delay than Crown Courts, particularly given the current backlogs. This is particularly important as cuckooing is linked to ongoing exploitation, with offenders often moving on to repeat the offence elsewhere, so fast action to stop the creation of more victims may in some cases be the more sensible option. Magistrates’ courts can also be less intimidating for vulnerable victims, supporting them to testify. Many other exploitation and safeguarding offences can be tried either way, allowing the specific facts of each case to determine the appropriate court. Imposing a blanket restriction on trial venue risks delaying justice, undermines established practice, and limits judicial discretion.
The pattern of coercion and control is at the heart of all these issues, whether we are talking about the exploitation of vulnerable children or adults. The evidence shows that women—as well as children—who are coerced into offending, often by traffickers or abusive partners, are in practice more often punished than protected. Too many victims of coercive control are still unfairly prosecuted for offences linked to their own abuse. Many female victims do not report to the police for fear of being criminalised, and that concern is well-founded. If, for example, drugs are being stored or grown in their flat, it is all too often the woman who is prosecuted. The statistics bear this out: around 70% of women in prison are victims of coercion or domestic violence.
Turning to the issue of coerced internal concealment, Amendment 259 links the new offences of causing internal concealment and cuckooing, making it clearer and easier to prosecute these serious and often related behaviours. Coerced internal concealment, whereby a person hides items such as drugs inside their bodies, is a particularly stark illustration of the abuse of power. Anyone who puts another person’s life at risk in this way should be subject to the harshest of penalties, so we support the introduction of this new offence.
I take this opportunity to raise an issue which, regrettably and surprisingly, remains absent from the Bill. In the past five years in England and Wales, a child has been subjected to an intimate police search every 14 hours on average. Black children are four times more likely to be strip-searched compared to their proportion of the population. Half these searches lead to no further action.
In opposition, the Government promised stronger regulation, including a statutory duty to notify parents, which should be the bare minimum. Although a consultation began in April 2024, there have been no firm proposals since, which is disappointing given an earlier commitment from the former Home Secretary to new mandatory rules and safeguards being
“put in place as a matter of urgency”.
That pledge followed a series of recommendations from the IOPC, including a call to amend the law so that police forces are required to make a safeguarding referral for any child subjected to a search involving the exposure of intimate parts. It also called for clearer guidance, enhanced training, greater consistency across police forces and, again, for these reforms to be implemented “quickly”.
Some 18 months later, some forces have improved practice and made more safeguarding referrals, but there is still no legal requirement. The Children’s Commissioner confirms that poor strip search practice is widespread and is not limited to any one force or region; failures include not having an appropriate adult present. Can the Minister confirm that a timescale is in place for the implementation of these recommendations? If not, will the Government consider amending the Bill to reflect the need for urgent action?
My Lords, I thank my noble friend Lord Blencathra for introducing his amendment. This is an opportunity to consider cuckooing more broadly.
We on these Benches recognise the need for a cuckooing offence, and we did so last year before the general election. I am glad to see that the Government are now following our lead. Data suggests that cuckooing offences have quadrupled in recent years; given that it is a crime largely associated with child exploitation, it is all the more pertinent that we tackle it head on now.
Children are used to conceal and traffic illegal drugs in order to fund the activities of criminal drug gangs. Some 22% of people involved in county lines drug trades are children—that is almost 3,000 vulnerable people under the age of 18 being made to do the dirty work for criminals. These county lines trades are often run out of the dilapidated homes of vulnerable people. Criminals appropriate and transform them to use them for their own ends. Children are ferried in and out; they are sent to similar locations all over the country. It is a very specific crime that requires a very specific law. We see force in my noble friend Lord Blencathra’s amendment, but we would not wish to tie the prosecutor’s hands.
Amendment 259, which addresses the offence of causing internal concealment, would prohibit cuckooed houses being used to house people who hide and then transport drugs. These people, as I have pointed out, are often children. Amendments 260 and 261 address that more broadly. Cuckooing—using children for criminal purposes—is a heinous and exploitative crime and it is right that it be given its own offence. However, while we welcome the Government agreeing to come with us on cuckooing, it is a shame that they have failed to address another root cause of the issue. As we have said, cuckooing is a crime primarily committed by gangs who co-opt homes to run their criminal operations. If you could break up those gangs, you would reduce cuckooing; the two feed off each other.
On the previous day of Committee, His Majesty’s Opposition had two amendments that would have done this. The first amendment would have created a statutory aggravating factor for gang-related offences. The second would have created an offence for specific gang-related graffiti. We appreciate the Government following our lead to create the offence of cuckooing, but if they are serious about this, they should do the same with gangs. Our measures would not, as some noble Lords suggested, criminalise fence-painting or church symbols. Neither is a gang sign. They would, however, deter gangs from their activities and lock up members who partake. This would be just as effective as this new offence.
The Committee has considered that amendment. If the noble Lord wishes to write to me on any details, I will certainly write back to him, but, in the interests of progress, it would be better if that was dealt with outside the Chamber, given that we have debated those matters already.
My Lords, very briefly, the government amendments set out the devolution arrangements to ensure that criminals cannot exploit differences between the four nations, and we are very happy to support them.
My Lords, this is an important issue that I know there is cross-party support for, and I am largely supportive of the intentions behind the amendments in this group.
The first of the Minister’s amendments acts largely to tidy up the drafting of the Bill and ensure its thoroughness. I agree with this. Expanding the scope for technology testing regarding child sexual abuse materials is welcome.
Similarly, extending provisions to ensure that they are the same in all parts of the union is a minor but important amendment. Consistency across our internal borders is the best way to ensure that children are protected equally everywhere. It should help with cross-border co-ordination between authorities, and I therefore welcome it.
I see the logic behind government Amendments 295A and 295B. It is the right approach that, if the Government want to crack down on technology, they should first do so at the source. That means discovering which technologies are being used to create unlawful content, which requires people to test them. This would also, I hope, have the additional effect of not blanket banning content for people without nuance, instead targeting the specific pieces of software responsible. So long as the individuals able to use this as a defence remain strictly authorised by the Secretary of State, I appreciate the amendment’s aim.
This should go hand in hand with an initiative similar to the one suggested by my noble friend Lord Nash. If the Government can identify the technology used, they should attempt to shut it down. Unfortunately, this is often outside the Government’s jurisdiction and therefore some form of software to prevent the distribution of child sexual abuse material might be the next best approach. I hope that the Minister can confirm that they are perhaps looking at this.
As I said, this is a non-partisan issue. We all want to reduce child sexual abuse, online or offline, and these amendments should work to help the Bill achieve the former. I hope that the Minister can, in due course—perhaps at a later stage—fully outline how this new technology will be implemented and applied consistently, and will consider my noble friend Lord Nash’s amendment, but I broadly support the approach.
Lord Hacking (Lab)
My Lords, having arrived in this House a very long time ago—53 years ago—I know this House works best if it treats legislation as an evolutionary process. The Online Safety Act seemed to be a very good Act when we passed it two years ago, but now we have further, drastic evidence, which we have heard in this debate. I am confident my noble friend the Minister will treat the speeches made in this debate as part of the evolutionary process which, I emphasise again, this House does best.
My Lords, I thank the noble Baroness, Lady Kidron, for bringing forward these amendments and for explaining them so clearly. The understanding of the Independent Reviewer of Terrorism Legislation, Jonathan Hall, is that AI chatbots do not trigger the illegal content duties since these tools are not considered to show mental intent. As a result, chatbots can generate prompts that are not classified as illegal, even though the exact same content would be illegal and subject to regulation if produced by a human. I find that quite extraordinary.
By accepting these amendments, the Government would be acting decisively to address the fast-evolving threat which this year saw abusive material of sexual content for children rise by 380%. In April 2024, the Internet Watch Foundation reported that a manual circulating on the dark web, which the Minister referred to earlier, instructed paedophiles to use AI to create nude images of children, then use these to extort or coerce money or extreme material from the young victims. The charity warned that AI was generating astoundingly realistic abusive content.
Text-to-image generative AI tools and AI companion apps have proliferated, enabling abusers to create AI chatbot companions specifically to enable realistic and abusive roleplay with child avatars. Not only do they normalise child sexual abuse, but evidence shows that those who abuse virtual children are much more likely to go on to abuse real ones. Real children are also increasingly subjected to virtual rape and sexual abuse online. It is wrong to dismiss this as less traumatic simply because it happens in a digital space.
The measures in the Bill are welcome but, given the speed at which technology is moving, how easy or otherwise will it be to future-proof it in order to keep pace with technology once the Bill is enacted?
(3 weeks, 3 days ago)
Lords ChamberAgain, there are robust mechanisms in place to deal with harassment, racial prejudice and other forms of harassing and abusive and threatening behaviour. The key element of a non-crime hate incident is that it does not reach a threshold of a crime incident but is, in essence, a method of collecting information. For example, in my noble friend’s case, if there were persistent and regular non-crime hate approaches that did not reach that threshold, it might well indicate to the police that there were other aspects of community cohesion behaviour they needed to investigate. The review will decide what happens in terms of police activity following up on a range of matters, and that is what we are awaiting shortly with some interest.
My Lords, inspections by HMIC have found that about one-quarter of non-crime hate incidents are recorded incorrectly, with many people wrongly included. Following several reviews and repeated government assurances, can the Minister give an undertaking that the Government will finally establish a clear and publicly accessible appeals mechanism for individuals who believe they have been wrongly recorded as being involved in such incidents?
I am grateful for that question from the noble Baroness. The issue is that non-crime hate incidents are not currently fit for purpose. That includes a range of mechanisms relating to how the police interpret that, what they do with the information and indeed whether any information is collected incorrectly. I would love to give an answer today, but it is important that we listen and work with the police on the review they have commissioned. That will be with me shortly and, when it is, we will be able to come to some definitive conclusions and put a regime in place that meets the noble Baroness’s objective of assessing anti-social behaviour and racial concerns, as my noble friend has mentioned, but does so in a way that does not lead to mistakes, does not lead to false use by the police and is not a waste of police time in collecting that information.
(4 weeks, 1 day ago)
Lords ChamberMy Lords, I will reply quickly to the noble Lord, Lord Blencathra, and also the noble Viscount. I am not against sharp-edged knives. I have a very good knife that cuts through a Savoy cabbage and does a great job with everything I need in the kitchen. It is just rounded at the edge, so I cannot stab my wife with it.
My Lords, the key finding of the Clayman review was the need for better police data recording on knife crime. Officers often fail to note the specific type of knife used, with further gaps around sales and marketing. Amendment 122 recognises that, without understanding the threat, it is difficult to counter it, so the evidence base must be improved.
The amendments from the noble Lords, Lord Hampton and Lord Clement-Jones, promote a policing approach to reduce opportunities for crime through better design of our buildings, known as designing out crime. I have spoken to a number of chief police officers who have tried this, with great effect. They are very happy about how this can happen and would really like to see it rolled out. This preventive approach aligns with the Liberal Democrat position and I hope the Government will give it serious attention.
We welcome the Government’s proposals on this part of the Bill, but laws work only if they are enforceable. Again, the Clayman review said that police currently lack the training, know-how and resources to police online knife sales effectively.
Can I ask the Minister about the policing of overseas suppliers, since this is where many of these lethal weapons originate? What plans are in place to monitor imports? The Clayman review found that there is often very poor co-ordination between Border Force and police and noted the difficulty in getting data from tech and communication companies based overseas. Can the Minister mention that when he winds up, please?
Clayman also suggested an import licensing scheme to ensure that a licence is required to bring knives into the UK. He proposed revisiting the tax levy on imported knives to ensure that potential weapons brought into the country are easier to track and identify. Do the Government intend to implement either of those recommendations?
My Lords, we on these Benches believe that this group contains sensible and prudent amendments. They require us to review the effectiveness of the Government’s measures and to consider carefully the potential implications of the new regulations around the sale of knives. They also seek to ensure that we have the necessary evidence base to improve legislation where needed. These, in our view, are good principles.
Amendment 122 in the name of the noble Lord, Lord Clement-Jones, contains both those elements. The first part of the amendment seeks a review within two years of the effectiveness of the measures in preventing the online sale of knives to persons under the age of 18. This would plainly be sensible. There is little point in legislating to prevent something if we find out that in fact that prohibition is not taking effect. We all want to stop the sale of knives to children, but we should want to do so in the most effective and proportionate manner. By reviewing the impact of the Bill, the Government would be able to make the necessary adjustments in response to the evidence. Having said that, we should listen carefully to the observations of my noble friend Lord Hailsham in this respect.
Another aspect of the question of efficacy is our obligation to the law-abiding public. It is right that we should attempt to ban children from purchasing knives. We are all aware of the severity of the knife crime epidemic and that part of the problem is the easy access to knives. But we should not pretend that the entire problem stems from their online availability. Of course, it is a factor, but children and young persons intent on committing knife crime will have plenty of other opportunities, if they are determined enough, to buy knives and to acquire them from other sources. They could use an older friend’s or family member’s identification, or indeed, they could ask them simply to make the purchase. They could steal a knife—given the current rates of shoplifting, I suspect this already happens—or they might simply go no further than their kitchen drawer and take one of the many easily accessible knives there.
By adding restrictions to online sale, the Government are merely stemming one route of access, but doing so adds an extra burden to the great majority of law-abiding citizens and retailers. As I have said, we understand why action is necessary, but, if we are to make it mandatory, we should ensure that it is genuinely effective in practice. Here, we should listen to the wise words of my noble friend Lord Blencathra. We must know, therefore, that we are not adding regulation for its own sake and that we are simultaneously taking other meaningful measures to address the wider issue. The Government should continue to explore this further.
Proposed subsections (2)(b) and (2)(c) in Amendment 122 address another aspect of the knife problem. While the first part reviews the effect of the Bill on the sale of knives, these subsections turn to the design and legality of the knives themselves.
If the knives which we make harder to purchase are not the ones being used in knife crime, our efforts will be in vain. Collecting data both on knives sold and, separately, on knives used in crimes, as Amendment 194 argues for, could offer a remedy for this. It would provide the Government with the necessary data to identify which types of weapons in particular lie at the root of the problem and to take action accordingly. This principle also underlies Amendment 123—I had already noted the typo, if I can put it that way, and have marked the noble Lord’s homework accordingly. But, taking it seriously, consulting on what knives are used in offending and on the measures to be required to curb their circulation must be sensible and proportionate, and it should complement the Government’s proposals.
This is a moderate group of amendments on a subject that clearly needs further review and refinement. I look forward to hearing the Minister’s response on the Government’s position. At the same time, I think we need to hear carefully and take heed of what noble Lords have said in their words of caution on this topic.
My Lords, briefly, I associate myself with all the sentiments that have been shared this afternoon on this matter. I think we all know what we want to try and stop with the Bill: zombie knives. There is no excuse or legitimate use at all for a zombie knife. But it is incredibly difficult to define, and legislation has attempted to do so. The points raised by my noble friend Lord Hailsham are absolutely right: we do not want to criminalise the use of everyday items or the ownership of swords. They may not be for historical purposes, but they may be of sentimental value, family heirlooms or collector’s items and may have any number of associated uses. My noble friend Lord Blencathra has put his finger on an absolute scourge which we, as parliamentarians and in co-operation with the police, really have to deal with using every tool that we have. But I also share the concern that there will be many unintended consequences if my noble friend’s amendments, as currently drafted, were included in the Bill.
My Lords, I will speak about Amendment 214B on knives in schools. It will come as no surprise to the noble Lord, Lord Blencathra, that we on these Benches take a different view. We strongly believe that criminalising children is just not the way forward. Last year, an authoritative joint police and Ofsted report warned that serious youth violence has spread its tentacles further than many adults realise and that 11 year-olds now carry knives for protection, so there is no doubt that there is a major problem. However, the same report does not call for more punitive sanctions to deter young people from offending. Instead, it recommends a preventative, public health approach, focused on early intervention, safeguarding and partnership working. It warned that, without better co-ordination and sustained investment in prevention, efforts to tackle youth violence will fall short and the cycle of harm will continue. These warnings must be heeded.
Yet, budget pressures mean police forces are cutting safer school programmes. The Met, for example, is moving 371 officers out of schools due to funding shortfalls. Prevention has to be taken seriously and resourced properly. Public health funding per capita has fallen by 28% since 2015. That results in reactive rather than preventative policing, and nowhere is this more important than with children and knife crime.
I agree that there is no justification for a child to bring a knife into school, but we cannot support the approach of Amendment 214B. Instead, we should concentrate on the success of interventions such as Operation Divan, which involves a single, voluntary face-to-face meeting between a young person at risk and a police officer or a youth justice worker. This prioritises prevention, education and safeguarding. Early results show a 60% reduction in knife and weapon offences at a cost of only £30 to £65 per person.
I turn briefly to the noble Lord’s remaining amendments and the proposal for a special category of particularly dangerous weapons. As the noble Lord recognises, these weapons are already prohibited. In our view, creating another category risks unnecessary overlap without adding any real benefit.
I thank my noble friend Lord Blencathra for his series of interesting amendments regarding knife crime. As we have already heard, my noble friend comes to this debate with the experience of some time in the Home Office—a real experience at the sharp end. Although the rates of knife crime have fallen a little over recent years, any victim of a crime, particularly one caused by knives, is a victim too many. Just recently, we heard of the terrible incident on fireworks night a year or so ago and the trial, which finished in the Old Bailey earlier this autumn; 16 year- olds were involved, and one of them died, and it all happened very quickly. So, knives are a real problem. The Government pledged in their manifesto to halve knife crime by 2030. If they wish to make good on that premise, it is imperative that they really do something to reduce it.
My noble friend’s amendments are a welcome practical measure in that direction but are subject to a number of reservations. I begin with schools. Amendment 214B introduces an important clarification to the law in respect of defences for carrying a knife in school premises. It makes plain that the only justification for someone having a knife at school can be in relation to educational services. It is also right that, in turn, this justification should apply only to teachers or those holding a position of authority. There is no plausible reason why a student should come on to the school premises carrying a knife. We welcome the amendment as an important step to ensure that both pupils and teachers are safe from knives at school, and we hope that the Government look at this and consider the amendment seriously.
We also thank my noble friend for his Amendments 214C to 214E. As we have heard, these seek to create a special category of particularly dangerous weapons: machetes, zombie knives, cleavers, swords and cutlasses. The merit is in identifying particular weapons by name. That will strike a chord with the public and with those who might otherwise carry them. They will know that, if they carry one of these weapons, just having it in their possession risks a very heavy prison sentence. Just having existing powers of sentencing does not, it seems, carry that resonance with those who most need to hear it, so we have got to do something.
Given the substantial increase in the use of machetes in recent years—we heard from my noble friend about the increase in their use in particular—something has to be done which identifies them, singles them out and curbs their circulation and use. In 2024, there were 18 machete homicides, an increase from 14 in 2023. Amendments 214D and 214E similarly ensure that manufacturing, selling, ownership and possession of these dangerous weapons will be regarded as a specific new offence.
My noble friend Lord Hailsham was right to point out that the drafting causes problems, and there are people, in the countryside in particular, who may have a legitimate use for machetes. But we are not in the jungle of Belize; we are in the United Kingdom. Sickles and scythes can be used, of course, but if there is going to be a use for something such as a machete, there should be specific clarity to make sure that we do not allow it to be put forward as a specious defence.
To call these amendments bizarre would, in my submission, go too far. If we take this matter seriously, as we all should, we will know full well that this really is an important mischief which has to be addressed, named and called out. My noble friend has raised an important issue, and the Government, if they are serious about cutting knife crime—and not just knife crime but the use of these appalling tools and weapons—must work to bridge the drafting gap so that the sorts of things which we have seen and heard about in the last few years are heavily reduced and people can walk and live in safety, particularly in our big cities.
My Lords, if I may, I will come back to the topic of this group. I too have an amendment in this group, Amendment 351. I am pleased to follow the noble Lord, Lord Hannett, and indeed my noble friends. I endorse a lot of what they have said and argued.
As I said at Second Reading, I have huge sympathy for those in public-facing jobs who have been subject to abuse and violent threats at work. Aside from such threats being unacceptable, I, like the noble Lord, Lord Hannett, understand the fear that they generate. Anyone at work on the receiving end of such a threat should at least be confident that the police will respond swiftly when they are in danger, or when an actual crime starts to be committed.
My instincts have always been to support Clauses 37 and 38, as I said at Second Reading. However, I find myself somewhat conflicted. Several noble Lords argued at Second Reading that existing provisions on assault are an adequate protection in law and that a special law for assault against retail workers was not needed. I thought these arguments were somewhat convincing. Having said that, to be absolutely clear, I have no desire to remove Clauses 37 or 38 from the Bill. I will continue before everybody thinks that I am going to do something radical, which will cause all sorts of upset.
The amendments tabled by my noble friends Lady Neville-Rolfe and Lord Blencathra to extend the protection to delivery drivers and some hospitality workers in some establishments highlight that, having started down the path of singling out just the retail sector, it is difficult to draw a clear boundary line. The noble Lord, Lord Hannett, has already said that he now wants to push it yet further.
As we know, the aggravated crime of assault against public-facing workers, which we added to the crime and courts Bill, included all industries and sectors. That was not focused only on the retail industry. I worry that the aggravated offence of assault, which covers everybody in public-facing work, together with this new offence of assault on retail workers, will create a somewhat confusing picture for people who are employed in public-facing roles but are not in the retail sector. I think here of people working in public transport, or in banks or post offices; there are all sorts of different categories.
This potentially confusing picture brings me back to my underlying concerns. First, we cannot afford to lose good people who are doing a good job, whether that is in shops, on public transport, or in banks or post offices, as I said. We think of the recent horrific incident on LNER the other Saturday and the railway worker who was heroic in intervening. We are very conscious now that a lot of people are in places of work where they are subject to real threats and abuse.
So I ask the Minister: what work have he and the department done to satisfy himself that any perception of two-tier protection for people in different public-facing roles will not have a detrimental effect on employees who may fear they are no longer as covered as some other people in other public-facing roles? If there has been any work on that, that would be helpful to know and understand.
Secondly, and in my view just as importantly, if not more so, noble Lords who were in the Chamber at Second Reading may have heard me argue then that one of the things that I feel are needed is for workers who are in charge of public spaces or places, whether they be commercial or public sector spaces, to be encouraged to be more active in upholding common standards of conduct that we should all have a right to expect of each other in public, the breakdown of which is adding to people’s despair. The sorts of things I am talking about here are litter dropping, feet on seats, watching videos or listening to music on phones without headphones, and queue jumping. That is the kind of activity that comes before we get to actual offences that sometimes are happening now, such as fare dodging, smoking or drinking alcohol on public transport where they are not meant to be, or even defecating in public. We need workers to have delegated authority, from their employer or their union, and from all of us in leadership positions, and have confidence that, along with them, we will do the same in upholding these important standards in public places. We need a collective effort to tackle what I see as a broken windows type of activity. If we keep allowing this kind of activity to be ignored, we are allowing the risk of escalated bad behaviour to continue, which could then lead to actual serious crimes.
While the various trade bodies are coming at this from their perspectives with a desire to protect their staff, and rightly so, we need to look at this through a much wider lens and see the bigger picture. As a consequence of that, it might be that the price we need to pay is expanding what some believe is an unnecessary new crime in the Bill, to include other workers and to match the terms of the aggravated offence in the Crime and Courts Bill.
As I say, this was a probing amendment—this is not me trying to introduce a new law—but I would like it if the Minister agreed to meet me, perhaps with my noble friend Lord Davies, to talk about this some more. I genuinely think there are potential unintended consequences to this that we need at least to be alive to. We should consider what more is needed to ensure that everyone who is in a public-facing role feels sufficiently protected, but also, if we are to tackle the behaviour that is leading some to feel that they can do things with impunity, and that then gives them the courage and confidence to go on to commit more serious offences, we need to be thinking about this in a very different and more innovative way.
My Lords, I have a lot of sympathy with many of the points made. First, we welcome the new protections introduced by Clauses 37 and 38. As legislators, we cannot stand by while so many people turn up to work every day expecting to face potentially terrifying abuse, threats and physical violence. This was brought home to me recently when a friend of mine went into our local Boots the chemist earlier this week in order to buy some headache tablets, only to find that practically every shelf in the shop was completely empty. When she spoke to the staff, they said, “Oh, it happens on a daily basis”, and they are so terrified that they just stand by and do nothing, because they are petrified that if they do anything or say anything they could be knifed. That is not in an area that is known for, to use the noble Baroness’s expression, “baddies”. It is in an area of London that is very safe. So that is really worrying.
My Lords, I rise to speak to Amendment 216 in my name. I look forward very much to hearing the Minister’s response to the proposal from my noble friend Lord Davies of Gower for tougher community treatment of repeat offenders. As it is focused on the community and on suspended sentence orders, it seems to fit in very well with the spirit of the Sentencing Bill, which we will no doubt be debating on a number of further days.
As the Minister the noble Baroness, Lady Levitt, has already acknowledged, and as the recent Crime Survey shows, shoplifting has risen very significantly in recent years, especially since Covid. Indeed, we heard on the “Today” programme this morning that the average number of days it takes to deal with shoplifting cases has increased by 80% in the last decade.
My own experience has taught me something else: the biggest problem with shoplifting is not so much the law as the patchy and sometimes non-existent nature of police enforcement in relation to shoplifting and associated misdemeanours. The general acceptance that thefts worth less than £200—the noble Lord, Lord Hannett, was the first to mention that minimum—do not matter to the authorities is a particular bugbear of mine and of others who care about decency and limiting neighbourhood crime and its distressing effects.
That issue lies behind my Amendment 216, which would reverse that deplorable trend. My amendment would require the College of Policing to issue a code of practice to ensure that police forces also investigate shoplifting where the value of goods is less than £200. Letting people walk into shops, steal things and get away scot free eats at the heart of a civilised society, as the noble Baroness, Lady Doocey, explained earlier. You only need to visit San Francisco in recent years to see the awful effects on its once golden streets. However, there is hope there: a Democratic mayor is at last seeing good sense. I hope the Government will follow that lead and consider my amendment this evening.
My Lords, on the noble Lord’s Amendment 215, I have great sympathy for its suggestions. Electronic monitoring can certainly play a useful role, although there is mixed evidence of its ability to reduce reoffending. However, there are multiple challenges in implementation, including inconsistent use by probation services, delays in procuring new GPS tags and gaps in responding promptly to breaches. However, my main problem is that, from a policing perspective, I worry there is no slack available in police time to monitor curfews, exclusion orders or electronic tagging. I fear it may be counterproductive to give the police yet more work when they are having great difficulty coping with what they already have.
I have a similar reservation about Amendment 216, tabled by the noble Baroness, Lady Neville-Rolfe. In principle, I would support a code of practice to improve enforcement. However, in the absence of more police resources, the danger is that this would only exacerbate the current situation, where chief constables are faced with having to rob Peter to pay Paul in other areas of policing, and victims of other crimes would likely suffer as a consequence.
I would stress prevention over cure. I draw the Committee’s and the Minister’s attention to a West Midlands Police programme that diverts repeat low-level shoplifters into services like drug rehabilitation. Since its pilot in 2018, it has been credited with saving local businesses an estimated £2.3 million through reduced shoplifting. Surely this is something we ought at least to investigate.
Baroness Levitt (Lab)
My Lords, I am grateful to the noble Lord, Lord Davies of Gower, and the noble Baroness, Lady Neville-Rolfe, for tabling Amendments 215 and 216 respectively. I have great respect for both the noble Lord and the noble Baroness. The noble Baroness’s background means that she knows more than most about the corrosive experience of shoplifting and the effect it can have on those working in the retail industry. The noble Lord’s distinguished career as a police officer gives him great authority to speak about the challenges to police forces and their obligations to society that they should be fulfilling. I reassure both the noble Lord and the noble Baroness that we are all on the same side on this. This is one of these situations where I am very keen to work with Members from all sides of your Lordships’ Committee to ensure that we deal with this social and economic menace efficiently and effectively.
On Amendment 215, I will repeat what I said a few moments ago: this Government take repeat and prolific offending extremely seriously. However, sentencing in individual cases must be a matter for our independent judiciary, and it must take into account all the circumstances of the offence and the offender, as well as the statutory purposes of sentencing. Your Lordships will, of course, be aware that the courts have a broad range of sentencing powers to deal effectively and appropriately with offenders.
As some of your Lordships may be aware, until relatively recently I was a judge in the Crown Court, and I sentenced my fair share of shoplifters. There was a complete spectrum of those offenders, from the destitute, homeless young mother stealing nappies for her baby at one end to the shameless, organised shoplifting gangs who terrify and terrorise shop workers. As the sentencing judge, there was a toolbox of disposals of increasing seriousness available to me, so that I could match the appropriate sentence to the offender on a case-by-case basis. These included discharges, fines, community sentences, suspended sentences with requirements and custodial sentences where appropriate.
Previous convictions are already a statutory aggravating factor, with the sentencing guidelines making it clear that, when determining the sentence, sentencers must consider the nature and relevance of previous convictions and the time elapsed since the previous conviction. But that repeats what is, in fact, common sense and what every sentencer knows. From my own experience, I can tell the Committee that the more frequently a defendant appears before the court, having gone out and done exactly the same thing that he or she had just been sentenced for, the more exasperated the judge becomes, who then starts imposing tougher and tougher sentences.
Despite the popular caricatures, judges do live in the real world. While sentencing a shoplifter to prison as a standard proposition will seem harsh, it can and does happen if the court concludes that there is no other way of stopping them. Importantly, this Government will introduce a whole range of options that will ramp up the community and suspended sentence powers for judges. In other words, the toolbox is getting fancier and more extensive.
As the noble Lord, Lord Davies, has said, sentencers are already able to impose a robust range of electronic monitoring requirements on anyone serving their sentence in the community. Where the court imposes curfews, exclusion zones and/or an alcohol ban, offenders must be electronically monitored, subject to individual suitability. I note the concerns of the noble Baroness, Lady Doocey, about the effect on police resources. However, quite a lot of the monitoring is done by the Probation Service. As the noble Baroness is probably aware, the Government are putting a lot of additional resources back into the Probation Service to enable it to do this.
Soon judges will be able to add driving bans and bans on offenders attending pubs, bars, clubs and desirable social activities like sports and concerts, as well as some tough new geographical restriction zones, to the existing tools.
(4 weeks, 1 day ago)
Lords ChamberMy Lords, I will not detain the House very long. I speak as somebody who for most of their adult life was a retailer, until the good people of the Uxbridge constituency sent me into the other place—but I continued to be a retailer, behind the counter and also having to deal with putative shoplifters.
I fully support what my noble friend Lord Blencathra is putting forward. He put it very well: “shoplifting” makes it sound not so important; “shop theft” is important and has to be tackled. The measures to support retail staff are very welcome. Shop theft is very frightening for staff, who are very often younger people or women. When they see people stealing, they often do not know what to do. If they knew they had some back-up, it would be of great reassurance. With that, I will sit down and hear what the Minister has to say.
My Lords, the amendments in this group, tabled by the noble Lord, Lord Blencathra, put forward a number of alternative approaches to reduce shoplifting. However, they fail to address practical realities and risk creating more issues than they resolve.
The proposal in Amendment 216A would allow shopkeepers to circulate photographic evidence of suspects, including on social media. This raises significant questions about privacy and misidentification. If the accused turns out to be innocent, the shop must pay compensation, but this is fundamentally unworkable and could cause serious harm to innocent people, damaging reputations in ways that money cannot fix.
The noble Lord himself said that this is likely to be able to be worked only in large stores rather than small shops, but the shops most affected by theft are small businesses run by one or two people. Shopkeepers in my area are busy enough running their shops without spending hours reviewing camera footage, creating digital copies and ensuring timestamps.
Clarifying the arrest powers of security staff, as proposed in Amendment 216B, may seem helpful, but increasing their authority to arrest and detain risks misuse and legal challenge. Security staff do not have the same training or accountability as police officers, increasing the chance of wrongful or disproportionate arrest. Video evidence and procedural protections are helpful but not adequate substitutes for professional policing standards.
Finally, Amendment 216C proposes a new offence of conspiracy to commit theft. The noble Lord is right to point to the growing involvement of organised crime. The police have said that international criminals are targeting UK shops in what a Co-op boss describes as “organised looting”. However, I disagree with the noble Lord in respect to the solution he proposes. It seems likely to disproportionately target those committing relatively minor thefts, potentially imposing severe sentences on them of up to 10 years, while doing little to address those orchestrating and controlling those criminal activities.
Shoplifting is undoubtedly out of control, and a new direction is desperately needed. The Liberal Democrats believe the current epidemic is the result of years of ineffective police resourcing, which has left local forces overstretched, underresourced and unable to focus on solving crimes such as shoplifting—I stress the words “unable to” rather than “unwilling to”. We want to see a return to genuine neighbourhood policing, with more police visibility and a staffed police counter in every community. That is why I have tabled Amendments 429 and 430 later on in the Bill.
My Lords, I strongly support the intention behind the amendments tabled by my noble friend Lord Blencathra. He is absolutely right to refer to it as theft. It is theft, under Section 1 of the Theft Act 1968. He is right that there is no such offence as shoplifting.
We have all heard the same stories from businesses, large and small: prolific offenders walking out with hundreds of pounds of stock in broad daylight; staff frightened or, in many cases, not allowed to intervene; police too stretched to attend; and, time and again, the same individuals returning to commit offence after offence because they believe, with some justification, that nothing will happen to them.
My noble friend’s first amendment in this group deals with the ability to share clear evidence of theft with those who need to see it. At present, retailers might be reluctant or legally uncertain about whether they can circulate images of offenders, even to neighbouring stores, to their own head office or to crime reduction bodies. Yet, these are precisely the channels that allow patterns of offending to be identified and prolific offenders to be caught.
The amendments set out a lawful, proportionate system. Images can be shared where a theft has occurred, provided the originals are preserved, time-stamped, unedited and sent to the police. This ensures the integrity of evidence and prevents misuse. Importantly, it provides a remedy and compensation if a photograph of the wrong individual is mistakenly published. My only concern here is that being required to pay £300 per day in compensation might deter the shop owner from circulating the evidence.
I am particularly supportive of Amendment 216B. We know that a number of retailers have told their staff to not intervene when they see a person shoplifting. This has led to numerous instances of brazen theft, whereby people walk into a shop, grab armfuls of products and walk out in full sight of security guards and staff. Such scenes make a mockery of law and order. The amendment permits the lawful detention of suspected thieves by trained security staff. Shopkeepers should not have to look on helplessly while brazen thieves simply walk out of the store. What my noble friend proposes is eminently sensible: properly trained staff equipped with body-worn cameras, using only minimum force, operating under strict rules and with constant video recording. This is not a free-for-all; it is the opposite. It is a controlled, transparent, safeguarded process that both protects the rights of suspects and gives retailers the ability to intervene proportionately when theft is happening before their eyes.
The amendment also places obligations on the police when they are called. They must attend promptly, take custody of the suspect, secure the evidence and make decisions based on a full review, not a hurried assessment at the store door. This is entirely right. Retail staff are repeatedly told to detain no one because the police will not come. The amendment would send the opposite message. When retailers correctly do their part, the police must do theirs.
Finally, Amendment 216C addresses a growing and deeply troubling phenomenon, whereby organised gangs loot shops, raid entire streets or retail parks and steal thousands of pounds-worth of goods. These are not opportunists; they are organised criminals. Yet, the system too often charges them with individual, low-value thefts rather than with conspiracy or organised crime offences. The amendment establishes that, where there is reliable evidence of at least 10 thefts involving two or more individuals, a full investigation with conspiracy charges must be instigated where appropriate. The sentencing framework my noble friend proposes is proportionate and targeted: higher penalties for organised groups of five or more and the automatic confiscation of vehicles or property used in the crime. These are necessary deterrents: the current penalties are not.
Taken together, these amendments represent a robust but balanced response to an urgent and worsening problem. They support shopkeepers, empower security staff and assist the police with the collection of evidence.
Lord Blencathra (Con)
My Lords, I am grateful to noble Lords who have contributed to this debate, including my noble friend Lord Randall of Uxbridge and, for his full support for my amendments, my noble friend Lord Davies of Gower.
The noble Baroness, Lady Doocey, said that if someone is stealing from their shop, shopkeepers do not have time to go through the video cameras to get the evidence. If a shopkeeper has someone stealing from their shop and cannot be bothered to look at the TV cameras to see the evidence for it, he cannot complain about shop theft. If he has the evidence, for goodness’ sake, he should use it. I do not think that the noble Baroness read my amendments on all the protections that I have built in for those who do want to arrest criminals. The Minister set out in his excellent speech all the powers of citizen’s arrest that a security guard or a shopkeeper can have, but the noble Baroness said that no one should have the power to arrest except a policeman who is properly trained. That is rather bizarre, to use a word that was used earlier about my amendments.
The noble Lord is misinterpreting what I said. I did not say that it was not possible to look at CCTV coverage. I said that if you are a small shopkeeper and the shop is being run by one or two people, you are not going to sit there and do everything that the noble Lord has suggested in that amendment—date stamp things, take photographs, make sure that everything is absolutely hunky-dory, that it is handed over in a file. That is just pie in the sky. It will not work. If the noble Lord is going to quote me, can he please quote me correctly?
Lord Blencathra (Con)
I said in my speech that I understood that small shops would have difficulty with this, but also that the people who steal from small shops in the main also steal from the big shops. If one can prevent them from stealing from the big shops and arrest them there, we will also bear down on the theft from the smaller shops. Of course, smaller shops have a more difficult problem, but it will not be solved by just putting more policemen on the beat.
Of course, the police have to prioritise. In London, in particular, they have to put terrorists at the top of the list, along with rape, murder and serious violence, so shop theft will inevitably be lower down. I was familiar with the Oxford Street experiment a few years ago; I do not know whether it is ongoing. There, the shops discovered that if one shop—say, Debenhams or Selfridges—phoned up and complained, it was no good. If they co-operated among themselves, they could get enough evidence together to justify the Met then coming along and grabbing some people who were working in a concerted effort to steal from their shops. They also discovered that, if they gave the police a gift-wrapped package of good evidential material, then the police would take it seriously. That is the key message here. It is bogus to suggest that just having more police will deal with this problem.
I liked what the Minister said. I have no criticism whatever of the Government on this. We are on the same side. I liked his strong words that this is not shoplifting, it is theft. I also liked his saying that we must make it easier for the shops to report crime, and that is what I have been suggesting. He did not support publication of photographs; I understand his nervousness there. However, I hope he does support the co-operation between shops and others to share all the photographs they have internally between their own security staff and the shops, and possibly any police liaison units, so that they can develop a full picture of what is going on. That makes it easier as the guys move from one shop on Oxford Street to somewhere else; they can move in and grab them in the act.
I am sorry that I suggested lower penalties. I am not sure that I am getting soft in my old age; I did not intend to lower penalties at all. Of course, even with the maximum the Minister has suggested, this will still be halved when the person is sent to prison. All penalties are halved. Again, I take the view that there is no harm having minimum sentences for this.
As I say, I am grateful for the words of the Minister. We cannot stop here. I am not sure that we can come back to this on Report, but we have constantly to bear down on shop theft. It is completely out of control. It has been getting out of control for many years. All Governments keep nibbling away at it, but we are not managing to crack down on it. I hope that, over the next few years, we will look at all aspects of trying to deal with this. If some of the ideas in my proposed three new clauses were considered workable, I would have no qualms with the Government grabbing them and implementing further measures. In the meantime, I beg leave to withdraw my amendment.
My Lords, from these Benches we welcome the amendments from the noble Baroness, Lady Armstrong of Hill Top, and the noble Lord, Lord Hampton, which strengthen and clarify key issues. Amendment 218 from the noble Baroness, Lady Armstrong, would define how children are affected by child criminal exploitation. This should help police and reduce the chances of inconsistent decisions. It is necessary because, as seen with other crimes where the police or CPS have latitude to define such matters, it often works to the detriment of the child or young person.
Amendment 219 is equally helpful. It would make provision for the occasion when a child has committed something that may not be illegal, but which might lead them into future criminal behaviour. The way that child criminal exploitation works is often very similar to grooming. Without support and education, a child or young person may end up in trouble.
Amendment 222 from the noble Lord, Lord Hampton, and recommended by the Children’s Commissioner, clarifies that a perpetrator of child criminal exploitation does not have to believe that the child or young person was under 18. This makes sense as Clause 40 currently provides an easy get-out for perpetrators to say, “But I thought they were 18”. The Joe Dix Foundation welcomes this new stand-alone offence but has also called for a national register for all perpetrators who are convicted of child criminal exploitation. Can I ask the Minister whether this is something the Government might consider?
My Lords, I thank noble Lords who have spoken in this important debate. The group largely seeks to clarify the Bill as it stands and that is important when we are addressing child exploitation. I am grateful to the noble Lord, Lord Hanson of Flint, for the amendments tabled in his name. I know we may not always see eye to eye at the Dispatch Box, but I can wholly support the principle behind his amendments in this group.
It may seem like semantics to clarify that offences may differ in different parts of the United Kingdom, but it is an important point. We must ensure that the legislation allows crimes to be prosecuted only where they are crimes. His Amendments 217 and 220, and the many consequential amendments, aim to ensure that this is the case. Similarly, his Amendments 487 and 493 extend the devolutionary power to make regulations for the area of child criminal exploitation. It is right that this is consistent. Those who create the laws should have the legislative right to make provisions within their remit.
We also broadly support the principles behind the other amendments in this group, which aim to give more protections to children. Amendments 218 and 219, in the name of the noble Baroness, Lady Armstrong, seek further to define what constitutes child criminal exploitation and extend the provisions to actions that may support criminal activity while not being criminal themselves.
Amendments 222 and 222A aim to narrow the scope of reasonable excuses that offenders can give when claiming to believe that the child was over the age of 18. The sentiment behind these amendments is a noble one. Whether the adult believed they were a child is largely inconsequential to the exploited child. Therefore, if the adult is not to be prosecuted, the court must be absolutely certain that they did not believe the child was under 18. That being said, I am slightly wary of completely disapplying reasonable excuse as a defence. It would take away the opportunity of defence in the very rare cases where the adult had a genuine and proven reason to believe the child was an adult. As I say, this is very rare, and it is still criminal exploitation, but we must still account for it.
Overall, this group is sensible, procedural and necessary; I therefore offer my support to the Minister’s intentions.
(1 month ago)
Lords ChamberMy Lords, I remain confused as to the true purpose of this Statement. The Government announced a police reform White Paper last year, but this has not yet materialised. We now see the Government announcing the abolition of police and crime commissioners. Why have the Government made this particular announcement now, ahead of the publication of the full details of their plans for police reform? More importantly, why is the Home Office fiddling about with PCCs rather than taking real action to reduce crime?
Turning to the content of the Statement, there were two main arguments deployed to support the abolition of police and crime commissioners. The first is that the PCC model has led to the politicisation of the police. But the proposals in the Statement are for oversight of police forces to be moved to the directly elected strategic mayors or local councils. Directly elected mayors are party political, as are councillors. The Government’s solution to the problem of the politicisation of the police is to move control from one elected politician to another. That argument is completely nonsensical. There is no world in which this policy leads to a decreased politicisation of the police.
The other argument the Government have put forward is on accountability. The Minister said in her Statement to the other place that
“the PCC model has weakened local police accountability”,
but there is no evidence for that assertion, and nor did the Home Secretary explain how the Government’s new model would rectify that. We know that where there will not be an elected mayor, the functions of oversight will be undertaken by policing and crime boards. How will transferring the functions of PCCs to boards of councillors and bureaucrats increase accountability?
Further to that, the Minister said that
“we have seen the benefits of the mayoral model, including greater collaboration, visible leadership and local innovation”.
Yet here in London under Sadiq Khan, knife crime is up 86%, five police front counters are being closed altogether, and a 24/7 station front counter is being removed from every borough. The total crime rate has increased from 89.3 per 1,000 people when he took office to 106.4 per 1,000 people in 2024-25. I would hardly call that a success story.
The simple fact is that policing is not overly complicated to get right. It requires common sense, good leadership and practical training. We cannot pretend that everything is rosy, but embarking on some police reform crusade will simply distract us from the real task at hand. The Home Office needs to focus on boosting police numbers, keeping front counters open, stopping officers policing tweets, and cutting crime.
The British people feel that crime and disorder is certainly on the rise. Do the Government seriously think that these changes will have a material impact on the daily lives of the British people? I look forward to what the Minister has to say.
My Lords, police and crime commissioners were an innovative idea, but experience has shown they have not delivered as intended. Instead, they have proved to be a costly and flawed experiment, so we welcome their abolition. However, I hope the Minister will be able to provide the House with rather more clarity on what will replace them. We do not believe that transferring PCC powers to mayors is the answer, as this would concentrate even more power in single individuals, with too little scrutiny or accountability.
The proposal for a police and crime lead, described as
“akin to a deputy mayor for policing and crime”,
risks being a rebadged PCC. Unless the legislation is crystal clear, this role could again become a focal point for political leverage over chief constables. It must be made abundantly clear that chief constables retain full operational independence, and that these new leads and boards will not have hire-and-fire powers. If not, we risk repeating the mistakes of the PCC model, drawing policing further into politics rather than strengthening impartial policing by consent.
The Government say that these boards will not be a return to the invisible committees of the past, but this assurance needs substance. How will they work, and how will their work be accessible and visible to the public? The former Metropolitan Police Authority may offer some useful lessons. Having served on that body for seven years, I can attest that no one could describe it as invisible. Its meetings were in public and widely reported, and its scrutiny of senior police officers was robust. Will the Home Office carefully consider what worked in that model before finalising these new arrangements?
I was particularly disappointed to learn from the Minister’s Statement in the House of Commons that the £100 million that could be saved in this Parliament through the abolition of PCC elections will go to the Treasury rather than to front-line policing. An over- stretched police service will find that a very difficult pill to swallow. The Home Office says that reforms to police governance will save at least £20 million a year —enough to fund 320 extra police constables. Can the Minister give a clear undertaking that this money will definitely be spent on recruiting those 320 extra police officers? Saying that something can happen is very different from saying that it will happen.
Finally, rebuilding public trust in police goes far beyond governance. True accountability demands transparency. Will the Government require police forces to publish data on officers under investigation for sexual or domestic abuse, and will they now act to bring police record-keeping in England and Wales into line with Scotland and Northern Ireland, ending the discretionary destruction of police records, as recommended by the Hillsborough Independent Panel?
I am grateful for this opportunity to outline the Government’s plans for police and crime commissioners. In doing so, I hope I can answer the questions raised by the noble Baroness, Lady Doocey, and the noble Lord, Lord, Davies of Gower.
First, we anticipate doing this for efficiency reasons. As the noble Baroness mentioned, there is a potential £100 million saving. Some £87 million of that £100 million will be through the cancellation of elections. They are currently funded centrally, which is why that resource will go to the Treasury. This will save around £20.3 million over the course of the rest of this Parliament, which will be put into front-line policing and fund around 320 additional officers. They will be part of the 13,000 officers we intend to put on the ground over the course of this Parliament, either as specials, PCSOs or warranted officers, of which 3,000 are already in place.
In answer to the question from the noble Lord, Lord Davies, there is currently a patchwork of responsibilities for policing. Five existing mayors—in London, Greater Manchester, West Yorkshire, South Yorkshire, and York and North Yorkshire—have policing powers. The existing mayors in Merseyside, Nottinghamshire and Derbyshire, the West Midlands and the West Country do not have policing powers. There are new mayors coming on stream in Norfolk and Suffolk, Essex, Sussex, Cumbria, Hampshire, and potentially in Cheshire and Lancashire, who do not currently have policing powers. There are also other areas, such as Humberside and Lincolnshire, where the responsibilities of police and crime commissioners overlap with those of their directly elected mayors. That is a big patchwork. As far as possible, we are trying to get the mayoral model to have accountability for policing, as is the case for the five such mayors to date. Usually—but it is up to the mayor—a deputy mayor is appointed to be responsible, as the lead person, for those statements. I think that is helpful.
The noble Lord asked why we have brought this forward now. We thought it was useful to give as much notice as possible that the cancellation of the elections would happen in 2028. The noble Lord also asked about the police White Paper. I can assure him that it will be produced before Christmas of this year and will therefore be before both Houses of Parliament before this Christmas. It was important to give as much notice as possible once the decision had been taken, and we wanted to ensure that police and crime commissioners had an opportunity to reflect upon that.
The noble Lord asked how this helps with crime. It gives a focus, direction and greater efficiency but, equally, it is not to be seen in isolation. As he knows, almost every day of this week we will be dealing with the Crime and Policing Bill. We have 13,000 extra officers in place, additional initiatives on shop theft and a whole range of proposals to deal with anti-social behaviour and knife crime. He mentions London; it has had its lowest murder rate this year. It is still very high, with 93 people being killed—I am not denying that—but it is the lowest rate for many years. There is a push to try to reduce crime across the board, of which this will be part.
In answer to the noble Baroness, Lady Doocey, operational independence is critical. That is one of the reasons why we are trying to move away from this model, because there is still a temptation for police and crime commissioners to want to be the chief constable as well as setting the budgets for police and crime. Operational independence from political interference is vital. The police and crime boards that we will establish in areas where there is not a mayor will potentially have the same role, with lots of senior councillors from an area being able to hold a chief constable to account and set a budget. The London model might be very appropriate for that, because there is an opportunity for the lead councillors in an area, usually the leaders of local councils, to hold a chief constable to account and set a budget, and to do so. I say again that, in local council areas, the budget settlement is a precept; the police precept is usually included in the rates bill, which is held to account usually by the leader or leaders of the council. So there is scope there as a whole.
I welcome the noble Baroness’s welcome for the abolition and hope she will work with us when we publish legislation, as we will have to do to implement this measure, at some point in the future. She will have the ability to test those issues at that time.
I say to all noble Lords that the first election had a turnout of 15%. The second election was slightly higher. The third was down from the second, at 24%. There is not necessarily an awareness. Anybody in Greater Manchester knows who Andy Burnham is; everyone who lives in my neck of the woods in Merseyside knows who, ah—